6–28–04 Monday Vol. 69 No. 123 June 28, 2004 Book 1 of 4 Books Pages 36007–37162

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1 II Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004

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2 III

Contents Federal Register Vol. 69, No. 123

Monday, June 28, 2004

Advisory Council on Historic Preservation NOTICES See Historic Preservation, Advisory Council Meetings: Simmesport railroad bridge, Simmesport, LA; Agency for Healthcare Research and Quality unreasonable obstruction complaints; public hearing NOTICES and information and comment request, 36094 Meetings: Health Care Policy and Research Special Emphasis Panel, Commerce Department 36089 See Industry and Security Bureau See International Trade Administration Agency for International Development See National Institute of Standards and Technology PROPOSED RULES See National Oceanic and Atmospheric Administration Semi-annual agenda, 38135–38138 PROPOSED RULES Semi-annual agenda, 37263–37356 Agriculture Department See Food Safety and Inspection Service Committee for the Implementation of Textile Agreements See Forest Service NOTICES PROPOSED RULES Cotton, wool, and man-made textiles: Semi-annual agenda, 37173–37261 Bangladesh, 36068–36069 Cambodia, 36069 Architectural and Transportation Barriers Compliance Board Commodity Futures Trading Commission PROPOSED RULES PROPOSED RULES Semi-annual agenda, 38139–38141 Semi-annual agenda, 38477–38482

Army Department Consumer Product Safety Commission See Engineers Corps PROPOSED RULES NOTICES Semi-annual agenda, 38483–38492 Meetings: U.S. Military Academy, Board of Visitors, 36069–36070 Corporation for National and Community Service Patent licenses; non-exclusive, exclusive, or partially PROPOSED RULES exclusive: Semi-annual agenda, 38145–38147 Intelligent Automation Corp., 36070

Arts and Humanities, National Foundation Court Services and Offender Supervision Agency for the District of Columbia See National Foundation on the Arts and the Humanities PROPOSED RULES Children and Families Administration Semi-annual agenda, 38149–38151 NOTICES Agency information collection activities; proposals, Customs and Border Protection Bureau submissions, and approvals, 36089–36091 NOTICES Automation program test: Civil Rights Commission Paperless drawback prototype test; conclusion, 36094– PROPOSED RULES 36095 Semi-annual agenda, 38143–38144 NOTICES Defense Department Meetings; State advisory committees: See Army Department Western Region, 36058 See Engineers Corps PROPOSED RULES Coast Guard Federal Acquisition Regulation (FAR): RULES Semi-annual agenda, 38463–38475 Drawbridge operations: Semi-annual agenda, 37357–37397 Virginia, 36011–36012 NOTICES Ports and waterways safety: Meetings: Atlantic Intracoastal Waterway, Bogue Sound, NC; safety Defense Advisory Board; correction, 36069 zone, 36014–36016 Middle River, San Joaquin County, CA; safety zone, Delaware River Basin Commission 36012–36014 NOTICES PROPOSED RULES Meetings and hearings, 36070–36072 Ports and waterways safety: Atlantic Ocean, Chesapeake and Delaware Canal, Education Department Delaware Bay, Delaware River, et al.; security zone, PROPOSED RULES 36032–36035 Semi-annual agenda, 37399–37407

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NOTICES Farm Credit System Insurance Corporation Grants and cooperative agreements; availability, etc.: PROPOSED RULES Special education and rehabilitative services— Semi-annual agenda, 38501–38502 Technology and media services for individuals with disabilities; Technology Implementation Center, Federal Aviation Administration 36072–36075 RULES Airworthiness directives: Election Assistance Commission Lycoming Engines, 36007 NOTICES Class E airspace, 36007–36008 Committees; establishment, renewal, termination, etc.: Correction, 36164 Technical Guidelines Development Committee, 36075– Standard instrument approach procedures, 36008–36009 36076 PROPOSED RULES Class D airspace, 36030–36031 Employment and Training Administration Prohibited areas, 36031–36032 NOTICES NOTICES Agency information collection activities; proposals, Advisory circulars; availability, etc.: submissions, and approvals, 36103–36104 Electronic displays in Part 23 airplanes; installation, 36155 Energy Department Aeronautical land-use assurance; waivers: See Federal Energy Regulatory Commission Strother Field Airport/Industrial Park, KS, 36155–36156 PROPOSED RULES Thomasville Municipal Airport, GA, 36156 Semi-annual agenda, 37409–37426 NOTICES Warren County Memorial Airport, TN, 36156 Atomic energy agreements; subsequent arrangements, 36076 Environmental statements; availability, etc.: Meetings: Regional jet and turboprop aircraft; rerouting, 36157 Environmental Management Site-Specific Advisory Passenger facility charges; applications, etc.: Board— Scotts Bluff County Airport Authority, NE, et al., 04– Idaho National Engineering and Environmental 14522 Laboratory, ID, 36076–36077 Federal Communications Commission Northern New Mexico, 36077–36078 PROPOSED RULES High Energy Physics Advisory Panel, 36078 Semi-annual agenda, 38503–38559 Engineers Corps Federal Deposit Insurance Corporation NOTICES PROPOSED RULES Environmental statements; availability, etc.: Semi-annual agenda, 38561–38567 Oahu, HI; Ala Wai Canal Project; correction, 36070 Patent licenses; non-exclusive, exclusive, or partially Federal Election Commission exclusive: NOTICES Sediment Control Systems, Inc., 36070 Special elections; filing dates: Environmental Protection Agency North Carolina, 36086–36087 RULES Federal Energy Regulatory Commission Air quality implementation plans; approval and PROPOSED RULES promulgation; various States: Semi-annual agenda, 38569–38576 Illinois, 36023–36024 NOTICES PROPOSED RULES Electric rate and corporate regulation filings, 36081–36083 Air quality implementation plans; approval and Hydroelectric applications, 36083–36084 promulgation; various States: Meetings: Illinois, 36035 Federal agencies’ costs for administering part I of the New Jersey, 36035–36038 Federal Power Act; billing procedures for annual Semi-annual agenda, 38153–38319 charges, 36084–36085 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Consequence Assessment Methods for Incidents submissions, and approvals, 36085–36086 Involving Releases from Liquefied Natural Gas Equal Employment Opportunity Commission Carriers, 36085 PROPOSED RULES Applications, hearings, determinations, etc.: Semi-annual agenda, 38323–38325 ANR Pipeline Co., 36078 El Paso Natural Gas Co., 36078–36079 Executive Office of the President Guardian Pipeline, L.L.C., 36079 See Management and Budget Office Kern River Gas Transmission Co., 36079 New York Independent System Operator, Inc., 36079– Export-Import Bank 36080 NOTICES Steuben Gas Storage Co., 36080 Egypt; financing production of anhydrous ammonia from Trunkline Gas Co., LLC, 36080 natural gas, 36086 Williston Basin Interstate Pipeline Co., 36080–36081 Farm Credit Administration Federal Housing Enterprise Oversight Office PROPOSED RULES PROPOSED RULES Semi-annual agenda, 38493–38500 Semi-annual agenda, 38373–38375

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Federal Housing Finance Board NOTICES PROPOSED RULES Acquisition regulations: Semi-annual agenda, 38577–38580 Public Voucher for Transportation Charges (SF 1113); cancellation, request for comments, 36088 Federal Maritime Commission PROPOSED RULES Government Ethics Office Semi-annual agenda, 38581–38586 PROPOSED RULES Semi-annual agenda, 38377–38384 Federal Mediation and Conciliation Service Health and Human Services Department PROPOSED RULES See Agency for Healthcare Research and Quality Semi-annual agenda, 38327–38329 See Children and Families Administration See Food and Drug Administration Federal Reserve System See Health Resources and Services Administration PROPOSED RULES PROPOSED RULES Semi-annual agenda, 38587–38596 Semi-annual agenda, 37427–37501 NOTICES NOTICES Banks and bank holding companies: Reports and guidance documents; availability, etc.: Change in bank control, 36087 Plan for transfer of responsibility for Medicare appeals; Formations, acquisitions, and mergers, 36087–36088 report to Congress, 36089

Federal Trade Commission Health Resources and Services Administration PROPOSED RULES NOTICES Semi-annual agenda, 38597–38609 Agency information collection activities; proposals, submissions, and approvals, 36093–36094 Federal Transit Administration NOTICES Historic Preservation, Advisory Council Environmental statements; notice of intent: PROPOSED RULES , MA; Silver Line Phase III; bus rapid transit Semi-annual agenda; correction, 38133–38134 project, 36158–36159 Homeland Security Department Fish and Wildlife Service See Coast Guard RULES See Customs and Border Protection Bureau Alaska National Interest Lands Conservation Act; Title VIII PROPOSED RULES implementation (subsistence priority): Semi-annual agenda, 37503–37622 Fish and shellfish; subsistence taking Seasonal adjustment, 36016–36018 Housing and Urban Development Department NOTICES See Federal Housing Enterprise Oversight Office Endangered and threatened species and marine mammal PROPOSED RULES permit applications, 36095–36097 Semi-annual agenda, 37623–37655 Marine mammal permit applications, 36097–36098 NOTICES Agency information collection activities; proposals, Food and Drug Administration submissions, and approvals, 36095 NOTICES Indian Affairs Bureau Grants and cooperative agreements; availability, etc.: NOTICES State Health Fraud Task Force Program, 36091–36093 Liquor and tobacco sale or distribution ordinance: Cherokee Nation, OK, 36098–36100 Food Safety and Inspection Service NOTICES Industry and Security Bureau Agency information collection activities; proposals, RULES submissions, and approvals, 36057–36058 Export administration regulations: NATO member countries; regional stability and crime Forest Service control licensing requirements, 36009–36011 RULES Alaska National Interest Lands Conservation Act; Title VIII Interior Department implementation (subsistence priority): See Fish and Wildlife Service Fish and shellfish; subsistence taking See Indian Affairs Bureau Seasonal adjustment, 36016–36018 See National Indian Gaming Commission NOTICES See National Park Service Meetings: See Reclamation Bureau Northwest Sacramento Provincial Advisory Committee, PROPOSED RULES 36058 Semi-annual agenda, 37657–37731

General Services Administration International Trade Administration PROPOSED RULES NOTICES Federal Acquisition Regulation (FAR): Antidumping: Semi-annual agenda, 38463–38475 Canned pineapple fruit from— Semi-annual agenda, 38331–38343 Thailand, 36058–36059

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Fresh garlic from— National Indian Gaming Commission China, 36059–36060 PROPOSED RULES Hot-rolled carbon steel flat products from— Semi-annual agenda, 38621–38625 India, 36060–36062 Sorbitol from— National Institute of Standards and Technology , 36062–36063 NOTICES Meetings: International Trade Commission Malcolm Baldrige National Quality Award— NOTICES Panel of Judges, 36063–36064 Import investigations: Weights and Measures National Conference, 36064–36065 Ferrocilicon from— Various countries, 36102–36103 National Oceanic and Atmospheric Administration Zero-mercury-added alkaline batteries, parts, and NOTICES products containing same, 36103 Endangered and threatened species: Anadromous fish take— Justice Department Nason Creek, Wenatchee River, WA; salmon and PROPOSED RULES steelhead, 36065–36066 Semi-annual agenda, 37733–37783 Meetings: Gulf of Mexico Fishery Management Council, 36066– Labor Department 36067 See Employment and Training Administration New England Fishery Management Council, 36067–36068 PROPOSED RULES Semi-annual agenda, 37787–37834 National Park Service NOTICES Management and Budget Office Environmental statements; notice of intent: PROPOSED RULES Dinosaur National Monument, CO and UT, 36100 Semi-annual agenda, 38385–38387 Meetings: NOTICES National Capital Memorial Commission, 36100–36101 Reports and guidance documents; availability, etc.: Small Business Paperwork Relief Act of 2002; National Science Foundation implementation— PROPOSED RULES Compliance assistance resources and points of contact Semi-annual agenda, 38371–38372 available to small businesses; list, 36107–36138 Small Business Paperwork Relief Task Force— Nuclear Regulatory Commission Final report, 36106–36107 PROPOSED RULES Semi-annual agenda, 38627–38641 National Aeronautics and Space Administration NOTICES PROPOSED RULES Agency information collection activities; proposals, Federal Acquisition Regulation (FAR): submissions, and approvals, 36106 Semi-annual agenda, 38463–38475 Semi-annual agenda, 38345–38354 Office of Federal Housing Enterprise Oversight NOTICES See Federal Housing Enterprise Oversight Office Meetings: Aerospace Safety Advisory Panel, 36104 Office of Management and Budget See Management and Budget Office National Archives and Records Administration PROPOSED RULES Peace Corps Semi-annual agenda, 38355–38361 PROPOSED RULES Semi-annual agenda, 38417–38420 National Credit Union Administration PROPOSED RULES Pension Benefit Guaranty Corporation Semi-annual agenda, 38611–38620 PROPOSED RULES Semi-annual agenda, 38421–38423 National Foundation on the Arts and the Humanities PROPOSED RULES Personnel Management Office Semi-annual agenda: PROPOSED RULES Institute of Museum and Library Services, 38363–38365 Semi-annual agenda, 38389–38415 National Endowment for the Arts, 38367–38368 NOTICES National Endowment for the Humanities, 38369–38370 Agency information collection activities; proposals, NOTICES submissions, and approvals, 36138–36139 Meetings: Humanities Panel, 36104–36105 Postal Service RULES National Highway Traffic Safety Administration Purchasing Manual; establishment, 36018–36023 PROPOSED RULES Motor vehicle safety standards: Presidio Trust Certification issues; vehicles built in two or more stages, PROPOSED RULES 36038–36056 Semi-annual agenda, 38425–38426

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Railroad Retirement Board Surface Transportation Board PROPOSED RULES PROPOSED RULES Semi-annual agenda, 38427–38430 Semi-annual agenda, 38673–38676 NOTICES Reclamation Bureau Rail carriers: NOTICES Cost-of-capital, 2003 decision, 36161–36162 Central Valley Project Improvement Act: Water management plans; evaluation criteria— Textile Agreements Implementation Committee Development, 36101 See Committee for the Implementation of Textile Regulatory Information Service Center Agreements PROPOSED RULES Introduction to Unified Agenda of Federal Regulatory and Transportation Department Deregulatory Actions, 37165–37171 See Federal Aviation Administration See Federal Transit Administration Research and Special Programs Administration See National Highway Traffic Safety Administration RULES See Research and Special Programs Administration Pipeline safety: See Surface Transportation Board Instrumented internal inspection devices; passage, PROPOSED RULES 36024–36029 Semi-annual agenda, 37843–37964 NOTICES Hazardous materials: Treasury Department Applications; exemptions, renewals, etc., 36159–36161 PROPOSED RULES Semi-annual agenda, 37965–38105 Securities and Exchange Commission PROPOSED RULES Sentencing Commission Semi-annual agenda, 38643–38672 NOTICES NOTICES Agency information collection activities; proposals, Sentencing guidelines and policy statements for Federal submissions, and approvals, 36139 courts, 36148–36149 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 36139–36144 Veterans Affairs Department International Securities Exchange, Inc., 36144–36145 PROPOSED RULES Pacific Exchange, Inc., 36145–36147 Semi-annual agenda, 38107–38132 Philadelphia Stock Exchange, Inc., 36147–36148 NOTICES Agency information collection activities; proposals, Selective Service System submissions, and approvals, 36162 PROPOSED RULES Inventions, Government-owned; availability for licensing, Semi-annual agenda, 38431–38432 36162–36163 Sentencing Commission, United States See United States Sentencing Commission Separate Parts in This Issue Small Business Administration PROPOSED RULES Part II—LXI Semi-annual agenda, 38433–38442 The Unified Agenda of Federal Regulatory and Deregulatory Actions, 37163–38794 Social Security Administration PROPOSED RULES Semi-annual agenda, 38443–38462 Reader Aids State Department Consult the Reader Aids section at the end of this issue for PROPOSED RULES phone numbers, online resources, finding aids, reminders, Semi-annual agenda, 37835–37841 and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Grants and cooperative agreements; availability, etc.: LISTSERV electronic mailing list, go to http:// Eurasian Undergraduate Exchange Program, 36149–36152 listserv.access.gpo.gov and select Online mailing list International exchange activity in the United States; archives, FEDREGTOC-L, Join or leave the list (or change survey, 36152–36155 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.

14 CFR 39...... 36007 71 (2 documents) ...... 36007, 36164 97...... 36008 Proposed Rules: 71...... 36030 73...... 36031 15 CFR 738...... 36009 742...... 36009 772...... 36009 774...... 36009 33 CFR 117...... 36011 165 (2 documents) ...... 36012, 36014 Proposed Rules: 165...... 36032 36 CFR 242...... 36016 39 CFR 211...... 36018 601...... 36018 40 CFR 52...... 36023 Proposed Rules: 52 (2 documents) ...... 36035 49 CFR 192...... 36024 Proposed Rules: 555...... 36038 567...... 36038 568...... 36038 571...... 36038 573...... 36038 50 CFR 100...... 36016

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Rules and Regulations Federal Register Vol. 69, No. 123

Monday, June 28, 2004

This section of the FEDERAL REGISTER On page 29210, in the second column, Issued in Burlington, MA, on June 18, contains regulatory documents having general in the SUMMARY section, in the sixth and 2004. applicability and legal effect, most of which seventh lines, ‘‘O–320H, O–360E, LO– Francis A. Favara, are keyed to and codified in the Code of 360E, LTO–360E’’ are corrected to read Acting Manager, Engine and Propeller Federal Regulations, which is published under ‘‘O–320–H, O–360–E, LO–360–E, LTO– 50 titles pursuant to 44 U.S.C. 1510. Directorate, Aircraft Certification Service. 360–E, TO–360–E’’. [FR Doc. 04–14477 Filed 6–25–04; 8:45 am] In the third column, in the SUMMARY The Code of Federal Regulations is sold by BILLING CODE 4910–13–P the Superintendent of Documents. Prices of section, in the 14th line, after the words new books are listed in the first FEDERAL ‘‘propeller strike.’’, a sentence is added REGISTER issue of each week. to read ‘‘This AD removes the DEPARTMENT OF TRANSPORTATION requirement to perform inspections at overhaul and during repair of the gear Federal Aviation Administration DEPARTMENT OF TRANSPORTATION train, because Lycoming has incorporated those procedures from Federal Aviation Administration 14 CFR Part 71 their Service Bulletin into their Overhaul Manual.’’ 14 CFR Part 39 [Docket No. FAA–2004–17433; Airspace Also in the third column, in the Docket No. 04–ACE–31] [Docket No. 89–ANE–10–AD; Amendment SUPPLEMENTARY INFORMATION section, in 39–13644; AD 2004–10–14] the seventh and eighth lines, ‘‘O–320H, Modification of Class E Airspace; RIN 2120–AA64 O–360E, LO–360E, LTO–360E’’ is Kimball, NE corrected to read ‘‘O–320–H, O–360–E, Airworthiness Directives; Lycoming LO–360–E, LTO–360–E, TO–360–E’’. AGENCY: Federal Aviation Engines (Formerly Textron Lycoming), On page 29211, in the second column, Administration (FAA), DOT. Direct-Drive Reciprocating Engines; after the second paragraph, add the Correction following paragraph: ACTION: Direct final rule; confirmation of effective date. AGENCY: Federal Aviation Other Corrections Administration, DOT. The TO–360–E engine model was SUMMARY: This document confirms the ACTION: Final rule; correction. inadvertently omitted from the list of effective date of the direct final rule exceptions of engines. That engine which revises Class E airspace at SUMMARY: This document makes model has been added to the list of Kimball, NE. corrections to Airworthiness Directive exceptions of engines not affected by (AD) 2004–10–14, applicable to this AD. Also, some of the engine model DATES: Effective Date: 0901 UTC, August Lycoming Engines (formerly Textron numbers were missing dashes and are 5, 2004. Lycoming), direct-drive reciprocating corrected in this AD. Also, the phrase of engines that was published in the FOR FURTHER INFORMATION CONTACT: after the effective date of this AD, was Brenda Mumper, Air Traffic Division, Federal Register on May 21, 2004 (69 inadvertently omitted from paragraph FR 29210). Some corrections to engine Airspace Branch, ACE–520A, DOT (e). This phrase is added to paragraph Regional Headquarters Building, Federal models have been made by adding (e) to cover engines that experience a missing dashes, clarification to changes Aviation Administration, 901 Locust, propeller strike after the effective date of Kansas City, MO 64104; telephone: in requirements from the proposed rule the AD. are made, and some corrections are (816) 329–2524. made for clarification in the compliance § 39.13 [Corrected] SUPPLEMENTARY INFORMATION: The FAA section. In all other respects, the I Also, on page 29211, in the third published this direct final rule with a original document remains the same. column, eighth paragraph, fourth and request for comments in the Federal DATES: Effective Date: Effective June 28, fifth lines, ‘‘O–320H, O–360E, LO–360E, Register on May 11, 2004 (69 FR 26031). 2004. LTO–360E’’ is corrected to read ‘‘O–320– The FAA uses the direct final FOR FURTHER INFORMATION CONTACT: H, O–360–E, LO–360–E, LTO–360–E, rulemaking procedure for a non- Norm Perenson, Aerospace Engineer, TO–360–E’’. controversial rule where the FAA New York Aircraft Certification Office, I Also, on page 29211, in the third believes that there will be no adverse FAA, 1600 Stewart Avenue, Suite 410, column, paragraph (e), which reads public comment. This direct final rule Westbury, NY 11590; telephone (516) ‘‘Compliance with this AD is required as advised the public that no adverse 228–7337; fax (516) 794–5531. indicated before further flight if the comments were anticipated, and that SUPPLEMENTARY INFORMATION: A final engine has experienced a propeller strike unless a written adverse comment, or a rule AD, FR Doc. 04–11406, applicable as defined in paragraphs (i) and (j) of this written notice of intent to submit such to Lycoming Engines direct-drive AD, unless already done.’’ is corrected to an adverse comment, were received reciprocating engines (except O–145, O– read ‘‘Compliance with this AD is within the comment period, the 320–H, O–360–E, IO–360–E, LTO–360– required as indicated before further regulation would become effective on E, O–435, and TIO 541 series engines), flight if the engine experiences a August 5, 2004. No adverse comments was published in the Federal Register propeller strike after the effective date of were received, and thus this notice on May 21, 2004 (69 FR 29210). The this AD, as defined in paragraphs (i) and confirms that this direct final rule will following corrections are needed: (j) of this AD.’’. become effective on that date.

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Issued in Kansas City, MO, on June 15, or go to: http://www.archives.gov/ SIAPs. This amendment also identifies 2004. federal_register/ the airport, its location, the procedure Paul J. Sheridan, code_of_federal_regulations/ identification and the amendment Acting Manager, Air Traffic Division, Central ibr_locations.html. number. Region. For Purchase [FR Doc. 04–14519 Filed 6–25–04; 8:45 am] The Rule Individual SIAP copies may be BILLING CODE 4910–13–M This amendment to part 97 is effective obtained from: 1. FAA Public Inquiry Center (APA– upon publication of each separate SIAP DEPARTMENT OF TRANSPORTATION 200), FAA Headquarters Building, 800 as contained in the transmittal. Some Independence Avenue, SW., SIAP amendments may have been Federal Aviation Administration Washington, DC 20591; or previously issued by the FAA in a 2. The FAA Regional Office of the National Flight Data Center (NFDC) 14 CFR Part 97 region in which the affected airport is Notice to Airmen (NOTAM) as an emergency action of immediate flight [Docket No. 30416; Amdt. No. 3099] located. safety relating directly to published By Subscription Standard Instrument Approach aeronautical charts. The circumstances Procedures; Miscellaneous Copies of all SIAPs, mailed once which created the need for some SIAP Amendments every 2 weeks, are for sale by the amendments may require making them Superintendent of Documents, U.S. effective in less than 30 days. For the AGENCY: Federal Aviation Government Printing Office, remaining SIAPs, an effective date at Administration (FAA), DOT. Washington, DC 20402. least 30 days after publication is ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: provided. Donald P. Pate, Flight Procedure SUMMARY: This amendment establishes, Further, the SIAPs contained in this Standards Branch (AMCAFS–420), amends, suspends, or revokes Standard amendment are based on the criteria Flight Technologies and Programs Instrument Approach Procedures contained in the U.S. Standard for Division, Flight Standards Service, (SIAPs) for operations at certain Terminal Instrument Procedures Federal Aviation Administration, Mike airports. These regulatory actions are (TERPS). In developing these SIAPs, the Monroney Aeronautical Center, 6500 needed because of the adoption of new TERPS criteria were applied to the South MacArthur Blvd., , or revised criteria, or because of changes OK 73169 (Mail Address: P.O. Box conditions existing or anticipated at the occurring in the National Airspace 25082 Oklahoma City, OK 73125) affected airports. Because of the close System, such as the commissioning of telephone: (405) 954–4164. and immediate relationship between new navigational facilities, addition of these SIAPs and safety in air commerce, SUPPLEMENTARY INFORMATION: This new obstacles, or changes in air traffic I find that notice and public procedure amendment to part 97 of the Federal requirements. These changes are before adopting these SIAPs are designed to provide safe and efficient Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or impracticable and contrary to the public use of the navigable airspace and to interest and, where applicable, that promote safe flight operations under revokes Standard Instrument Approach Procedures (SIAPs). The complete good cause exists for making some instrument flight rules at the affected SIAPs effective in less than 30 days. airports. regulatory description of each SIAP is contained in official FAA form Conclusion DATES: This rule is effective June 28, documents which are incorporated by 2004. The compliance date for each reference in this amendment under 5 The FAA has determined that this SIAP is specified in the amendatory U.S.C. 552(a), 1 CFR part 51, and § 97.20 regulation only involves an established provisions. of the Federal Aviation Regulations body of technical regulations for which The incorporation by reference of (FAR). The applicable FAA Forms are frequent and routine amendments are certain publications listed in the identified as FAA Forms 8260–3, 8260– necessary to keep them operationally regulations is approved by the Director 4, and 8260–5. Materials incorporated current. It, therefore—(1) is not a of the Federal Register as of June 28, by reference are available for 2004. ‘‘significant regulatory action’’ under examination or purchase as stated Executive Order 12866; (2) is not a ADDRESSES: Availability of matters above. ‘‘significant rule’’ under DOT incorporated by reference in the The large number of SIAPs, their Regulatory Policies and Procedures (44 amendment is as follows: complex nature, and the need for a FR 11034; February 26, 1979); and (3) special format make their verbatim does not warrant preparation of a For Examination publication in the Federal Register regulatory evaluation as the anticipated 1. FAA Rules Docket, FAA expensive and impractical. Further, Headquarters Building, 800 airmen do not use the regulatory text of impact is so minimal. For the same Independence Avenue, SW., the SIAPs, but refer to their graphic reason, the FAA certifies that this Washington, DC 20591; depiction on charts printed by amendment will not have a significant 2. The FAA Regional Office of the publishers of aeronautical materials. economic impact on a substantial region in which the affected airport is Thus, the advantages of incorporation number of small entities under the located; by reference are realized and criteria of the Regulatory Flexibility Act. 3. The Flight Inspection Area Office publication of the complete description List of Subjects in 14 CFR Part 97 which originated the SIAP; or, of each SIAP contained in FAA form 4. The National Archives and Records documents is unnecessary. The Air Traffic Control, Airports, Administration (NARA). For provisions of this amendment state the Incorporation by reference, and information on the availability of this affected CFR (and FAR) sections, with Navigation (Air). material at NARA, call 202–741–6030, the types and effective dates of the

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Issued in Washington, DC on June 18, DEPARTMENT OF COMMERCE these countries in the Commerce 2004. Country Chart in Supplement No. 1 to James J. Ballough, Bureau of Industry and Security part 738 of the EAR. Director, Flight Standards Service. In addition, this rule revises the 15 CFR Parts 738, 742, 772, and 774 definition of NATO (North Atlantic Adoption of the Amendment [Docket No. 040614182–4182–01] Treaty Organization) in part 772 of the EAR, by adding the 7 countries that I Accordingly, pursuant to the authority RIN 0694–AD11 recently joined NATO, plus Czech delegated to me, part 97 of the Federal Republic, Hungary, and Poland, which Aviation Regulations (14 CFR part 97) is Revisions to the Export Administration were inadvertently not added to the amended by establishing, amending, Regulations To Remove Certain definition of NATO in the regulation suspending, or revoking Standard Regional Stability and Crime Control published on March 18, 2002 (67 FR Instrument Approach Procedures, License Requirements to New North 11896). This rule also amends the Atlantic Treaty Organization (NATO) effective at 0901 UTC on the dates definition of COCOM (Coordinating Member Countries specified, as follows: Committee on Multilateral Export AGENCY: Bureau of Industry and Controls) by replacing the phrase PART 97—STANDARD INSTRUMENT Security, Commerce. ‘‘COCOM members included the NATO countries, except Iceland, plus Japan APPROACH PROCEDURES ACTION: Final rule. and ’’ with a specific list of I 1. The authority citation for part 97 SUMMARY: The Bureau of Industry and countries that were members of continues to read as follows: Security maintains the Export COCOM, to clarify that the membership Administration Regulations (EAR). This of NATO at the time COCOM existed Authority: 49 U.S.C. 106(g), 40103, 40106, rule amends the EAR by removing the was different than it is today. 40113, 40114, 40120, 44502, 44514, 44701, This rule also clarifies License 44719, 44721–44722. license requirements for certain regional stability items and for certain crime Exception TSR eligibility in the License I control items destined to Bulgaria, Exception sections of two Export 2. Part 97 is amended to read as Control Classification Numbers (ECCN) follows: Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to reflect the 9D018 and 9E018 in the Commerce * * * Effective August 5, 2004 accession of those countries to the North Control List. The TSR paragraph for Allakaket, AK, Allakaket, RNAV (GPS) RWY Atlantic Treaty Organization (NATO) on these ECCNs state, ‘‘Yes for Australia, 5, Orig March 29, 2004. In addition, this rule Japan, New Zealand, and NATO.’’ Allakaket, AK, Allakaket, RNAV (GPS) RWY makes certain conforming corrections However, TSR is only available for 23, Orig and clarifications. export and reexport to countries listed Pine Bluff, AR, Grider Field, ILS OR LOC EFFECTIVE DATES: This rule is effective: in Country Group B. Therefore, the RWY 18, Amdt 3 June 28, 2004. statement of eligibility for TSR for these ECCNs will be revised to read, ‘‘Yes for Pine Bluff, AR, Grider Field, RNAV (GPS) FOR FURTHER INFORMATION CONTACT: Australia, Japan, New Zealand, and RWY 36, Orig Eileen Albanese, Director, Office of NATO countries that are also listed in Pine Bluff, AR, Grider Field, VOR RWY 18, Exporter Services, Bureau of Industry Country Group B of Supplement No. 1 Amdt 20 and Security, Telephone: (202) 482– to part 740 of the EAR.’’ Pine Bluff, AR, Grider Field, VOR/DME RWY 0436. 36, Amdt 12 Although the Export Administration Pine Bluff, AR, Grider Field, GPS RWY 35, SUPPLEMENTARY INFORMATION: Act expired on August 20, 2001, Orig-B, CANCELLED Background Executive Order 13222 of August 17, Hibbing, MN, Chisholm-Hibbing, ILS OR 2001 (66 FR 44025, August 22, 2001), as Section 742.6(a)(2) of the EAR LOC/DME RWY 13, Orig extended by the Notice of August 7, requires a license for the export or Bellefontaine, OH, Bellefontaine Regional, 2003,(68 FR 47833, 2003 WL 21877490), NDB RWY 7, Orig reexport of certain military related continues the Regulations in effect Bellefontaine, OH, Bellefontaine Regional, items, such as military vehicles and under the InternationalEmergency NDB RWY 25, Orig certain specially designed commodities Economic Powers Act. used to manufacture military equipment Burns, OR, Burns Muni, VOR RWY 30, Amdt Rulemaking Requirements 3 for reasons of ‘‘regional stability’’ in Burns, OR, Burns Muni, RNAV (GPS) RWY support of foreign policy. Section 1. This final rule has been determined 30, Orig 742.7(a)(1)–(3) of the EAR also requires to be not significant for purposes of E.O. Fort Worth, TX, Fort Worth Alliance, ILS OR a license for the export or reexport of 12866. LOC RWY 16L, Amdt 6 certain crime control and detection 2. Notwithstanding any other Fort Worth, TX, Fort Worth Alliance, RNAV instruments and equipment, and related provision of law, no person is required (GPS) RWY 16L, Amdt 1 technology and software as a matter of to respond to, nor shall any person be Fort Worth, TX, Fort Worth Alliance, ILS OR foreign policy, to promote the subject to a penalty for failure to comply LOC RWY 34R, Amdt 5 observance of human rights throughout with a collection of information, subject Fort Worth, TX, Fort Worth Alliance, RNAV the world. The EAR do not require a to the requirements of the Paperwork (GPS) RWY 34R, Amdt 1 license for the export or reexport of Reduction Act of 1995 (44 U.S.C. 3501 these items to NATO member countries. et seq.) (PRA), unless that collection of [FR Doc. 04–14518 Filed 6–25–04; 8:45 am] Therefore, this rule removes the license information displays a currently valid BILLING CODE 4910–13–P requirements for these items to the 7 Office of Management and Budget countries that recently joined NATO: (OMB) Control Number. This rule Bulgaria, Estonia, Latvia, Lithuania, involves a collection of information Romania, Slovakia, and Slovenia. This subject to the PRA. This collection has rule also removes the ‘‘X’’ from the RS:2 been approved by OMB under control column and from all CC columns for number 0694–0088, ‘‘Multi-Purpose

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Application,’’ which carries a burden Further, no other law requires that a I Accordingly, parts 738, 742, 772, and hour estimate of 58 minutes for a notice of proposed rulemaking and an 774 of the Export Administration manual or electronic submission. Send opportunity for public comment be Regulations (15 CFR parts 730–799) are comments regarding these burden given for this final rule. Because a amended as follows: estimates or any other aspect of these notice of proposed rulemaking and an collections of information, including opportunity for public comment are not PART 738—[AMENDED] suggestions for reducing the burden, to required to be given for this rule under I OMB Desk Officer, New Executive the Administrative Procedure Act or by 1. The authority citation for 15 CFR Office Building, Washington, DC 20503; any other law, the analytical part 738 is revised to read as follows: and to the Office of Administration , requirements of the Regulatory Authority: 50 U.S.C. app. 2401 et seq.; 50 Bureau of Industry and Security, Flexibility Act (5 U.S.C. 601 et seq.) are U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Department of Commerce, 14th and not applicable. Therefore, this 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. Pennsylvania Avenue, NW., Room 6883, regulation is issued in final form. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Washington, DC 20230. Although there is no formal comment 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 3. This rule does not contain policies U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. period, public comments on this with Federalism implications as that 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. regulation are welcome on a continuing term is defined under E.O. 13132. 106–387; Sec. 221, Pub. L. 107–56; E.O. 4. The provisions of the basis. Comments should be submitted 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Administrative Procedure Act (5 U.S.C. Sharron Cook, Office of Exporter 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 553) requiring notice of proposed Services, Bureau of Industry and Comp., p. 783; Notice of August 7, 2003, 68 rulemaking, the opportunity for public Security, Department of Commerce, P.O. FR 47833, .3 CFR, 2003 Comp., p. 328. participation, and a delay in effective Box 273, Washington, DC 20044. I 2. Supplement No. 1 to part 738 is date, are inapplicable because this List of Subjects in 15 CFR Parts 738, amended by revising the entries for regulation involves a military and 742, 772, and 774 ‘‘Bulgaria,’’ ‘‘Estonia,’’, ‘‘Latvia,’’ foreign affairs function of the Lithuania,’’ ‘‘Romania,’’ ‘‘Slovakia,’’ and UnitedStates (5 U.S.C. 553(a)(1)). Exports, Foreign trade. ‘‘Slovenia’’ to read as follows: COMMERCE COUNTRY CHART—REASON FOR CONTROL

Chemical & Nuclear National Missile Regional Firearms Crime Anti- biologival nonprolifera- security tech stability conven- control terrorism Countries weapons tion tion CB CB CB NP NP NS NS MT RS RS FC CC CC CC AT AT 1 2 3 1 2 1 2 1 1 2 1 1 2 3 1 2

******* Bulgaria ...... X ...... X X ......

******* Estonia ...... X X ...... X ...... X X X X ......

******* Latvia ...... X X ...... X X X ......

******* Lithuania ...... X X ...... X ...... X X X X ......

******* Romania ...... X ...... X X X X ......

******* Slovakia ...... X ...... X X X X ...... Slovenia ...... X X ...... X X X X ......

*******

PART 742—[AMENDED] of August 7, 2003, 68 FR 47833, 3 CFR, 2003 under ECCNs 0A918, 0E918, 2A983, Comp., p. 328. 2D983, 2E983, 8A918, and for military I 3. The authority citation for 15 CFR I 4. Section 742.6 is amended by vehicles and certain commodities part 742 is revised to read as follows: revising paragraph (a)(2) to read as (specially designed) used to follows: manufacture military equipment, Authority: 50 U.S.C. app. 2401 et seq.; 50 described on the CCL in ECCNs U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; § 742.6 Regional Stability. 0A018.c, 1B018.a, 2B018, and 9A018.a 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. (a) * * * and .b. 107–56; E.O. 12058, 43 FR 20947, 3 CFR, (2) As indicated in the CCL and in RS * * * * * 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Column 2 of the Country Chart (see 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 Supplement No. 1 to part 738 of the PART 772—[AMENDED] FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. EAR), a license is required to any I 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. destination except Australia, Japan, 4. The authority citation for 15 CFR 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 New Zealand, and countries in the part 772 is revised to read as follows: Comp., p. 783; Notice of October 29, 2003, 68 North Atlantic Treaty Organization Authority: 50 U.S.C. app. 2401 et seq.; 50 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice (NATO) for items described on the CCL U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,

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3 CFR, 2001 Comp., p. 783; Notice of August TSR: Yes for Australia, Japan, New 2004. Comments must reach the Coast 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., Zealand, and NATO countries that are Guard on or before 15 October 2004. p. 328. also listed in Country Group B of ADDRESSES: You may mail comments I 5. Section 772.1 is amended by Supplement No. 1 to part 740 of the and related material to Commander revising the definitions for ‘‘COCOM EAR. (obr), Fifth Coast Guard District, Federal (Coordinating Committee on Multilateral * * * * * Building, 4th Floor, 431 Crawford Export Controls)’’ and ‘‘NATO (North Street, Portsmouth, Virginia 23704– 9E018 ‘‘Technology’’ for the 5004, or they may be hand delivered to Atlantic Treaty Organization)’’ to read as ‘‘development’’, ‘‘production’’, or ‘‘use’’ of follows: equipment controlled by 9A018. the same address between 8 a.m. and 4 p.m., Monday through Friday, except § 772.1 Definitions of Terms as Used in the * * * * * Federal Holidays. The Commander Export Administration Regulations (EAR). License Exceptions (obr), Fifth Coast Guard District * * * * * maintains the public docket for this test COCOM (Coordinating Committee on CIV: * * * deviation. Comments and material Multilateral Export Controls). A TSR: Yes for Australia, Japan, New received from the public, as well as multilateral organization that Zealand, and NATO countries that are documents indicated in this preamble as cooperated in restricting strategic also listed in Country Group B of being available in the docket, will exports to controlled countries. COCOM Supplement No. 1 to part 740 of the become part of this docket and will be was officially disbanded on March 31, EAR. available for inspection or copying at 1994. COCOM members included: * * * * * the above address. Australia, Belgium, , Denmark, Dated: June 17, 2004. Request for Comments France, , Greece, , Japan, Peter Lichtenbaum, Luxembourg, Netherlands, Norway, Assistant Secretary for Export We encourage you to participate in Portugal, Spain, Turkey, United Administration. this test schedule by submitting Kingdom, and United States. [FR Doc. 04–14625 Filed 6–25–04; 8:45 am] comments and related material. If you do so, please include your name and * * * * * BILLING CODE 3510–33–P NATO (North Atlantic Treaty address, identify the docket number for Organization). A strategic defensive this test deviation CGD05–04–118, organization that consists of the indicate the specific section of this DEPARTMENT OF HOMELAND following member nations: Belgium, document to which each comment SECURITY Bulgaria, Canada, Czech Republic, applies, and give the reason for each Denmark, Estonia, France, Germany, Coast Guard comment. Please submit all comments Greece, Hungary, Iceland, Italy, Latvia, and related material in an unbound 1 Lithuania, Luxembourg, the 33 CFR Part 117 format, no larger than 8 ⁄2 by 11 inches, Netherlands, Norway, Poland, Portugal, suitable for copying. If you would like Romania, Slovakia, Slovenia, Spain, [CGD05–04–118] to know they reached us, please enclose a stamped, self-addressed postcard or Turkey, the United Kingdom, and the RIN 1625–AA09 United States. envelope. We will consider all * * * * * Drawbridge Operation Regulations; comments and material received during Chincoteague Channel, VA the comment period. PART 774—[AMENDED] FOR FURTHER INFORMATION CONTACT: Gary AGENCY: Coast Guard, DHS. S. Heyer, Bridge Management Specialist, I 6. The authority citation for 15 CFR ACTION: Notice of temporary deviation Fifth Coast Guard District, at (757) 398– part 774 is revised to read as follows: from regulations and request for 6629. Authority: 50 U.S.C. app. 2401 et seq.; 50 comments. SUPPLEMENTARY INFORMATION: Effective U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. on June 16, 2004, the bridge owner, the SUMMARY: The Commander, Fifth Coast 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. Virginia Department of Transportation Guard District, has issued a temporary 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; (VDOT), was officially permitted to 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 deviation from the drawbridge operation operate the Route 175 Bridge across U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. regulations to test an alternate Chincoteague Channel with new 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. drawbridge operation regulation for the regulations. The new operating 106–387; Sec. 221, Pub. L. 107–56; E.O. Route 175 Bridge across Chincoteague regulations listed at 33 CFR § 117.1005 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Channel, mile 3.5, at Chincoteague, 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 allows the draw of the bridge to remain Virginia. Under this temporary 90-day Comp., p. 783; Notice of August 7, 2003, 68 in the closed position from 7 a.m. to 5 deviation, the draw of the bridge will FR 47833, 3 CFR, 2003 Comp., p. 328. p.m. on the last consecutive Wednesday open every two hours on the even hour and Thursday in July of every year, to I 7. In Supplement No. 1 to part 774, from 6 a.m. to Midnight; except from 7 facilitate public safety during the Category 9 ‘‘Propulsion Systems, Space a.m. to 5 p.m., on the last consecutive Annual Pony Swim. Vehicles and Related Equipment’’, Wednesday and Thursday in July, the ECCNs 9D018 and 9E018 are amended by On behalf of the Chincoteague Town draw need not be opened. At all other Council (the Town Council), residents revising the ‘‘TSR’’ entry in the License times, the draw need not open. Exception sections to read as follows: and business owners in the area, VDOT The purpose of this temporary has requested a temporary deviation 9D018 ‘‘Software’’ for the ‘‘use’’ of deviation is to test an alternate from the drawbridge regulations to test equipment controlled by 9A018. drawbridge operation schedule for 90 for a period of 90 days an alternate days and solicit comments from the * * * * * drawbridge operation schedule in an public. effort to balance the needs of vessel and License Exceptions DATES: This deviation is effective from vehicular traffic transiting in and CIV: * * * July 2, 2004 through September 29, around this seaside resort area. The new

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proposal will test new regulations that ensure the safety of the personnel and Game, and the San Joaquin County will require the bridge to open on two- vessels involved in response operations, Sheriff. A temporary safety zone was hour intervals on the even hour from 6 as well as other personnel, vessels and established for one week to limit access a.m. to Midnight; except from 7 a.m. to property from the associated flooding to the waterway and assist with the 5 p.m., on the last consecutive hazards. Persons and vessels are safety of repair operations to the levee Wednesday and Thursday in July, the prohibited from entering into or and restore it to a working condition. draw need not be opened. At all other transiting through the safety zone, On June 12, 2004 the San Joaquin times, the draw need not open. unless authorized by the Captain of the County Sheriff Marine Patrol requested The Town Council has recommended Port or his designated representative. that the Coast Guard reestablish a safety this test regulation to reduce vehicular DATES: This rule is effective from 12:30 zone in the vicinity of the Upper Jones traffic congestion, to increase public p.m. (PDT) on June 12, 2004, until 5 Tract Levee break due to recreational safety on this small island as a result of p.m. (PDT) on July 12, 2004. vessel traffic disrupting repair the reduced number of drawbridge ADDRESSES: Documents indicated in this operations. The previous safety zone openings, and to extend the structural preamble as being available in the expired on June 10, 2004. The Coast and operational integrity of the movable docket are part of docket COTP San Guard has determined that a safety zone span. Francisco Bay 04–013 and are available remains necessary and this temporary Under this 90-day temporary for inspection or copying at Coast Guard safety zone is established for a period of deviation, effective from July 2, 2004 Marine Safety Office San Francisco Bay, 30 days. through September 29, 2004, the Route Coast Guard Island, Alameda, 175 Bridge across Chincoteague Channel California, 94501, between 9 a.m. and 4 Discussion of Rule shall open every two hours on the even p.m., Monday through Friday, except This safety zone is necessary to hour from 6 a.m. to Midnight; except Federal holidays. from 7 a.m. to 5 p.m., on the last protect the personnel involved in the FOR FURTHER INFORMATION CONTACT: consecutive Wednesday and Thursday response operations, and all other Ensign John Bannon, U.S. Coast Guard in July, the draw need not be opened. personnel, vessels and property from Marine Safety Office San Francisco Bay, At all other times, the draw need not the associated river hazards resulting at (510) 437–3082. open. from the levee break. Entry into, transit This deviation from the operating SUPPLEMENTARY INFORMATION: through or anchoring within this safety zone is prohibited, unless authorized by regulations is authorized under 33 CFR Regulatory Information § 117.43. the Captain of the Port, or his We did not publish a notice of designated representative. Dated: June 21, 2004. proposed rulemaking (NPRM) for this U.S. Coast Guard personnel and San Waverly W. Gregory, Jr., regulation. Under 5 U.S.C. 553(b)(B), the Joaquin County Sheriff Marine Patrol Chief, Bridge Administration Branch, Fifth Coast Guard finds that good cause exists will enforce this safety zone and may be Coast Guard District. for not publishing an NPRM. Due to the assisted by other Federal, State, or local [FR Doc. 04–14628 Filed 6–25–04; 8:45 am] urgency in responding to the levee agencies, including the Coast Guard BILLING CODE 4910–15–P damage, the Coast Guard determined Auxiliary. Section 165.23 of Title 33, that drafting and publishing a NPRM Code of Federal Regulations, prohibits would cause unnecessary delay in any unauthorized person or vessel from DEPARTMENT OF HOMELAND implementation of this rule and would entering or remaining in a safety zone. SECURITY act contrary to the public’s interest in Vessels or persons violating this section seeking continued response to this will be subject to the penalties set forth Coast Guard emergency situation. in 33 U.S.C. 1232. Pursuant to 33 U.S.C. Under 5 U.S.C. 553(d)(3), the Coast 1232, any violation of the safety zone 33 CFR Part 165 Guard finds that good cause exists for described herein, will be punishable by making this rule effective less than 30 [COTP San Francisco Bay 04–013] civil penalties (not to exceed $32,500 days after publication in the Federal per violation, where each day of a RIN 1625–AA00 Register. Given the urgency of the levee continuing violation is a separate damage and the strong public interest Safety Zone; Middle River, San violation), criminal penalties served in immediate response and Joaquin County, CA (imprisonment up to 6 years and a repair of the levee, good cause exists in maximum fine of $250,000), and in rem AGENCY: Coast Guard, DHS. making the rule effective less than 30 liability against the offending vessel. days after publication in the Federal ACTION: Temporary final rule. Any person who violates this section, Register. SUMMARY: The Coast Guard is using a dangerous weapon, or who establishing a temporary safety zone in Background and Purpose engages in conduct that causes bodily the navigable waters of the Middle On June 3, 2004, the Coast Guard was injury or fear of imminent bodily injury River, San Joaquin County due to notified that a section of the Upper to any officer authorized to enforce this ongoing repair operations to a break in Jones Tract Levee had collapsed in the regulation, also faces imprisonment up the Upper Jones Tract Levee that vicinity of the Middle River in San to 12 years. resulted in the flooding of the Upper Joaquin County, California. Coast Guard Once the Coast Guard concludes that Jones Tract. The safety zone is located personnel from Station Rio Vista the safety zone is no longer required or within the area bounded on the north by responded and observed an estimated response operations will involve a the Santa Fe Cut Canal, on the south by 200-foot section of the levee destroyed smaller area of the navigable waterway the entrance of the Woodward Cut and subsequent flooding of the than is described by this safety zone, the Canal, on the east by the Upper Jones agricultural land within the Upper Jones Captain of the Port will announce the Tract, and on the west by the eastern Tract. Initial response efforts included end of enforcement or reduction in size edge of Woodward Island. This personnel from the Coast Guard, the of this safety zone via broadcast notice temporary safety zone is necessary to California Department of Fish and to mariners.

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Regulatory Evaluation Small businesses may send comments health or risk to safety that may This rule is not a ‘‘significant on the actions of Federal employees disproportionately affect children. who enforce, or otherwise determine regulatory action’’ under section 3(f) of Indian Tribal Governments Executive Order 12866, Regulatory compliance with, Federal regulations to Planning and Review, and does not the Small Business and Agriculture This rule does not have tribal require an assessment of potential costs Regulatory Enforcement Ombudsman implications under Executive Order and benefits under section 6(a)(3) of that and the Regional Small Business 13175, Consultation and Coordination Order. The Office of Management and Regulatory Fairness Boards. The with Indian Tribal Governments, Budget has not reviewed it under that Ombudsman evaluates these actions because it does not have a substantial Order. It is not ‘‘significant’’ under the annually and rates each agency’s direct effect on one or more Indian regulatory policies and procedures of responsiveness to small business. If you tribes, on the relationship between the the Department of Homeland Security wish to comment on actions by Federal Government and Indian tribes, (DHS). employees of the Coast Guard, call 1– or on the distribution of power and Despite restricting boating traffic 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Government and Indian tribes. within a portion of the Middle River, Collection of Information the effect of this regulation is not Energy Effects significant, as the waterway included This rule calls for no new collection within this area is not heavily transited of information under the Paperwork We have analyzed this rule under and accessible only to small recreational Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions and commercial boats. 3520). Concerning Regulations That Significantly Affect Energy Supply, Small Entities Federalism Distribution, or Use. We have Under the Regulatory Flexibility Act A rule has implications for federalism determined that it is not a ‘‘significant (5 U.S.C. 601–612), we have considered under Executive Order 13132, energy action’’ under that order because whether this rule would have a Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ significant economic impact on a effect on State or local governments and under Executive Order 12866 and is not substantial number of small entities. would either preempt State law or likely to have a significant adverse effect The term ‘‘small entities’’ comprises impose a substantial direct cost of on the supply, distribution, or use of small businesses, not-for-profit compliance on them. We have analyzed energy. The administrator of the Office organizations that are independently this rule under that Order and have of Information and Regulatory Affairs owned and operated and are not determined that it does not have has not designated it as a significant dominant in their fields, and implications for federalism. energy action. Therefore, it does not require a Statement of Energy Effects governmental jurisdictions with Unfunded Mandates Reform Act populations of less than 50,000. under Executive Order 13211. The Coast Guard certifies under 5 The Unfunded Mandates Reform Act Environment U.S.C. 605(b) that this rule will not have of 1995 (2 U.S.C. 1531–1538) requires a significant economic impact on a Federal agencies to assess the effects of We have analyzed this rule under substantial number of small entities. their discretionary regulatory actions. In Commandant Instruction M16475.lD, The safety zone may affect small entities particular, the Act addresses actions which guides the Coast Guard in such as the owners and operators of that may result in the expenditure by a complying with the National pleasure craft engaged in recreational State, local, or tribal government, in the Environmental Policy Act of 1969 activities and sightseeing. The safety aggregate, or by the private sector of (NEPA)(42 U.S.C. 4321–4370f), and zone will not have a significant $100,000,000 or more in any one year. have concluded that there are no factors economic impact on a substantial Though this rule will not result in such in this case that would limit the use of number of small entities as the area expenditure, we do discuss the effects of a categorical exclusion under section encompassed by the safety zone is not this rule elsewhere in this preamble. 2.B.2 of the Instruction. Therefore, this heavily transited and vessels engaged in rule is categorically excluded, under Taking of Private Property recreational activities and sightseeing figure 2–1, paragraph (34)(g), of the have alternative routes outside of the This rule will not effect a taking of Instruction, from further environmental safety zone to engage in these activities. private property or otherwise have documentation because we are The maritime public will be advised of taking implications under Executive establishing an emergency safety zone the safety zone via public notice to Order 12630, Governmental Actions and that will last for a short duration. mariners. Interference with Constitutionally Protected Property Rights. List of Subjects in 33 CFR Part 165 Assistance for Small Entities Harbors, Marine safety, Navigation Civil Justice Reform Under section 213(a) of the Small (water), Reporting and recordkeeping Business Regulatory Enforcement This rule meets applicable standards requirements, Security measures, Fairness Act of 1996 (Pub. L. 104–121), in sections 3(a) and 3(b)(2) of Executive Waterways. we offered to assist small entities in Order 12988, Civil Justice Reform, to I For the reasons discussed in the understanding the rule so that they minimize litigation, eliminate preamble, the Coast Guard proposes to could better evaluate its effects on them ambiguity, and reduce burden. amend 33 CFR part 165 as follows: and participate in the rulemaking Protection of Children process. Any small business or PART 165—REGULATED NAVIGATION organization may address further We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS questions concerning the rule’s Executive Order 13045, Protection of provisions, options for compliance, or Children from Environmental Health I 1. The authority citation for part 165 in assistance in understanding this rule Risks and Safety Risks. This rule is not continues to read as follows: by contacting the person listed under an economically significant rule and Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. FOR FURTHER INFORMATION CONTACT. does not create an environmental risk to Chapter 701; 50 U.S.C. 191, 195; 33 CFR

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1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. DEPARTMENT OF HOMELAND rule would be contrary to the public 107–295, 116 Stat. 2064; Department of SECURITY interest since immediate action is Homeland Security Delegation No. 0170.1. necessary to minimize potential danger Coast Guard I 2. Temporarily add § 165.T11–021 to to the public and required to ensure the read as follows: safety of persons and vessels operating 33 CFR Part 165 on the AIWW in the specified area at the § 165.T11–021 Safety Zone: Middle River, [CGD05–04–105] specified times when the naval gunfire San Joaquin County, California. will be conducted crossing the AIWW. RIN 1625–AA00 (a) Location. The navigable waters of Background and Purpose the Middle River, located within the Safety Zone; Atlantic Intracoastal Naval gunfire operations will be area bounded on the north by the Santa Waterway, Bogue Sound, NC conducted crossing the AIWW from Fe Cut Canal, on the south by the offshore on the Atlantic Ocean in the AGENCY: entrance of the Woodward Cut Canal, on Coast Guard, DHS. vicinity of the N–1/BT3 impact area and the east by the Upper Jones Tract, and ACTION: Temporary Final rule. impacting areas in Camp Lejeune from on the west by the eastern edge of 8 a.m. on June 04, 2004, until 8 a.m. on SUMMARY: The Coast Guard is Woodward Island. July 16, 2004. This safety zone will be establishing a temporary safety zone in in effect to ensure the safety of persons (b) Regulations. (1) In accordance the Atlantic Intracoastal Waterway and vessels operating on the AIWW in with the general regulations in § 165.23 (AIWW) in the vicinity of Marine Corps this area. of this part, entry into, transit through, Base Camp Lejeune, NC. Naval gunfire or anchoring within this zone is will be conducted crossing the AIWW Discussion of Rule prohibited unless authorized by the from offshore in the vicinity of the N– The safety zone will cover all waters Captain of the Port or his designated 1/BT3 impact area and impacting areas of the AIWW, from bank to bank, representative. in Camp Lejeune. This safety zone is extending from Bogue Sound-New River (2) Persons desiring to transit the area needed to ensure the safety of persons Daybeacon 58 (LLNR 39210) southeast and vessels operating on the AIWW in of a safety zone may contact the Captain to Bogue Sound-New River Light 64 this area during the specified periods. of the Port at telephone number 415– (LLNR 39230) during periods of naval Entry into this safety zone is prohibited 399–3547 or his designated gunfire operations. Projectiles from the unless authorized by the Captain of the representative on VHF–FM channel 16 gunfire operations will travel across the Port or his/her designated AIWW to the impact area on Camp (156.8 MHz) to seek permission to representative. transit the area. If permission is granted, Lejeune. This safety zone will be in all persons and vessels must comply DATES: This rule is effective from 8 a.m. effect to ensure the safety of persons and with the instructions of the Captain of on June 07, 2004, until 8 a.m. on July vessels operating on the AIWW in this area. Entry into this safety zone is the Port or his designated 16, 2004. prohibited unless authorized by the representative. ADDRESSES: Documents indicated in this preamble as being available in the Captain of the Port or his/her designated (c) Enforcement. U.S. Coast Guard docket are part of docket CGD05–04– representative. A Coast Guard or U.S. personnel and San Joaquin County 105 and are available for inspection or Navy vessel will patrol each end of the Sheriff personnel will enforce this safety copying at Coast Guard Marine Safety safety zone to ensure that the public is zone and may be assisted by other Office Wilmington, 721 Medical Center aware that the firing exercises are in Federal, State, or local agencies, Drive, Wilmington, NC 28401 between 8 progress and that the firing area is clear including the Coast Guard Auxiliary. a.m. and 3 p.m., Monday through of traffic before firing commences. All persons and vessels shall comply Friday, except Federal holidays. Regulatory Evaluation with the instructions of the Coast Guard FOR FURTHER INFORMATION CONTACT: Captain of the Port or his designated This rule is not a ‘‘significant LCDR Charles A. Roskam II, Chief, Port regulatory action’’ under section 3(f) of representatives. Upon being hailed by Operations, USCG Marine Safety Office enforcement personnel by siren, radio, Executive Order 12866, Regulatory Wilmington, telephone number (910) Planning and Review, and does not flashing light, or other means, the 772–2200 or toll free (877) 229–0770. require an assessment of potential costs operator of a vessel shall proceed as SUPPLEMENTARY INFORMATION: and benefits under section 6(a)(3) of that directed. Regulatory Information Order. The Office of Management and (d) Effective period. This safety zone Budget has not reviewed it under that is effective from 12:30 p.m. (PDT) on We did not publish a notice of Order. It is not ‘‘significant’’ under the June 12, 2004, until 5 p.m. (PDT) on July proposed rulemaking (NPRM) for this regulatory policies and procedures of 12, 2004. regulation. Under 5 U.S.C. 553(b)(B) and the Department of Homeland Security 5 U.S.C. 553(d)(3), the Coast Guard finds Dated: June 12, 2004. (DHS). This rule only affects a small that good cause exists for not publishing portion, less than two miles, of the Gerald M. Swanson, an NPRM and for making this rule AIWW in North Carolina for a limited Captain, U.S. Coast Guard, Captain of the effective less than 30 days after time. The proposed regulations have Port, San Francisco Bay. publication in the Federal Register. been tailored in scope to impose the [FR Doc. 04–14563 Filed 6–25–04; 8:45 am] Accordingly, based on the military least impact on maritime interests, yet BILLING CODE 4910–15–U function exception set forth in the provide the level of safety necessary for Administrative Procedure Act, 5 U.S.C. such an event. 553(a)(1), notice and comment rule- making and advance publication are not Small Entities required for this regulation. Under the Regulatory Flexibility Act Additionally, publishing an NPRM (5 U.S.C. 601–612), we have considered and delaying the effective date of this whether this rule would have a

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significant economic impact on a determined that it does not have of Information and Regulatory Affairs substantial number of small entities. implications for federalism. has not designated it as a significant The term ‘‘small entities’’ comprises energy action. Therefore, it does not Unfunded Mandates Reform Act small businesses, not-for-profit require a Statement of Energy Effects organizations that are independently The Unfunded Mandates Reform Act under Executive Order 13211. owned and operated and are not of 1995 (2 U.S.C. 1531–1538) requires Technical Standards dominant in their fields, and Federal agencies to assess the effects of governmental jurisdictions with their discretionary regulatory actions. In The National Technology Transfer populations of less than 50,000. particular, the Act addresses actions and Advancement Act (NTTAA) (15 The Coast Guard certifies under 5 that may result in the expenditure by a U.S.C. 272 note) directs agencies to use U.S.C. 605(b) that this rule would not State, local, or tribal government, in the voluntary consensus standards in their have a significant economic impact on aggregate, or by the private sector of regulatory activities unless the agency a substantial number of small entities. $100,000,000 or more in any one year. provides Congress, through the Office of This rule will affect the following Though this rule would not result in Management and Budget, with an entities, some of which may be small such expenditure, we do discuss the explanation of why using these entities: the owners or operators of effects of this rule elsewhere in this standards would be inconsistent with vessels intending to transit or anchor in preamble. applicable law or otherwise impractical. a portion of the AIWW from 8 a.m. on Taking of Private Property Voluntary consensus standards are June 04, 2004 until 8 a.m. on July 16, technical standards (e.g., specifications 2004. The Coast Guard expects a This rule would not effect a taking of of materials, performance, design, or minimal economic impact on a private property or otherwise have operation; test methods; sampling substantial number of small entities due taking implications under Executive procedures; and related management to this rule because little commercial Order 12630, Governmental Actions and systems practices) that are developed or traffic transits this area of the AIWW. Interference with Constitutionally adopted by voluntary consensus Protected Property Rights. Assistance for Small Entities standards bodies. This rule does not use Civil Justice Reform technical standards. Therefore, we did Under section 213(a) of the Small not consider the use of voluntary This rule meets applicable standards Business Regulatory Enforcement consensus standards. Fairness Act of 1996 (Public Law 104– in sections 3(a) and 3(b)(2) of Executive 121), we offered to assist small entities Order 12988, Civil Justice Reform, to Environment in understanding the rule so that they minimize litigation, eliminate We have analyzed this rule under could better evaluate its effects on them ambiguity, and reduce burden. Commandant Instruction M16475.lD, and participate in the rulemaking Protection of Children which guides the Coast Guard in process. Small Entities requesting complying with the National guidance or exemption from this rule We have analyzed this rule under Environmental Policy Act of 1969 may contact LCDR Charles A. Roskam II, Executive Order 13045, Protection of (NEPA)(42 U.S.C. 4321–4370f), and Chief Port Operations, USCG Marine Children from Environmental Health have concluded that there are no factors Safety Office Wilmington at (910) 772– Risks and Safety Risks. This rule is not in this case that would limit the use of 2200 or toll free (877) 229–0770. an economically significant rule and Small businesses may send comments would not create an environmental risk a categorical exclusion under section on the actions of Federal employees to health or risk to safety that may 2.B.2 of the Instruction. Therefore, this who enforce, or otherwise determine disproportionately affect children. rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the compliance with, Federal regulations to Indian Tribal Governments the Small Business and Agriculture Instruction, from further environmental Regulatory Enforcement Ombudsman This rule does not have tribal documentation. A final ‘‘Environmental and the Regional Small Business implications under Executive Order Analysis Check List’’ and a final Regulatory Fairness Boards. The 13175, Consultation and Coordination ‘‘Categorical Exclusion Determination’’ Ombudsman evaluates these actions with Indian Tribal Governments, are available in the docket where annually and rates each agency’s because it would not have a substantial indicated under ADDRESSES. responsiveness to small business. If you direct effect on one or more Indian List of Subjects in 33 CFR Part 165 wish to comment on actions by tribes, on the relationship between the employees of the Coast Guard, call 1– Federal Government and Indian tribes, Harbors, Marine safety, Navigation 888–REG–FAIR (1–888–734–3247). or on the distribution of power and (water), Reporting and record keeping responsibilities between the Federal requirements, Security measures, Collection of Information Government and Indian tribes. Waterways. This rule calls for no new collection Energy Effects I For the reasons discussed in the of information under the Paperwork preamble, the Coast Guard amends 33 We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– CFR part 165 as follows: 3520.) Executive Order 13211, Actions Concerning Regulations That Federalism PART 165—REGULATED NAVIGATION Significantly Affect Energy Supply, AREAS AND LIMITED ACCESS AREAS A rule has implications for federalism Distribution, or Use. We have under Executive Order 13132, determined that it is not a ‘‘significant I 1. The authority citation for part 165 Federalism, if it has a substantial direct energy action’’ under that order because continues to read as follows: effect on State or local governments and it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. would either preempt State law or under Executive Order 12866 and is not Chapter 701; 50 U.S.C. 191, 195; 33 CFR impose a substantial direct cost of likely to have a significant adverse effect 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. compliance on them. We have analyzed on the supply, distribution, or use of 107–295, 116 Stat. 2064; Department of this rule under that Order and have energy. The Administrator of the Office Homeland Security Delegation No. 0170.1

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I 2. Add temporary § 165.T05–105 to Dated: June 7, 2004. provide for the subsistence definition, read as follows: Jane M. Hartley, preference, and participation specified Captain, U.S. Coast Guard, Captain of the in Sections 803, 804, and 805 of § 165.T05–105 Safety zone; Atlantic Port, Wilmington, NC. ANILCA. In December 1989, the Alaska Intracoastal Waterway, Bogue Sound, NC. [FR Doc. 04–14561 Filed 6–25–04; 8:45 am] Supreme Court ruled that the rural (a) Location. The following area is a BILLING CODE 4910–15–P preference in the State subsistence safety zone: All waters of the Atlantic statute violated the Alaska Constitution Intracoastal Waterway, extending from and, therefore, negated State compliance Bogue Sound-New River Daybeacon 58 DEPARTMENT OF AGRICULTURE with ANILCA. (LLNR 39210) southeast to Bogue The Department of the Interior and Sound-New River Light 64 (LLNR Forest Service the Department of Agriculture 39230), Nautical Chart 11541, (Departments) assumed, on July 1, 1990, Intracoastal Waterway-NC-Neuse River 36 CFR Part 242 responsibility for implementation of to Myrtle Grove Sound. Title VIII of ANILCA on public lands. DEPARTMENT OF THE INTERIOR The Departments administer Title VIII (b) Captain of the Port. Captain of the through regulations at Title 50, Part 100, Port means the Commanding Officer of Fish and Wildlife Service and Title 36, Part 242 of the Code of the Marine Safety Office Wilmington, Federal Regulations (CFR). Consistent North Carolina, or any Coast Guard 50 CFR Part 100 with Subparts A, B, and C of these Commissioned, Warrant, or Petty Officer regulations, as revised January 8, 1999 who has been authorized by the Captain Subsistence Management Regulations (64 FR 1276), the Departments of the Port to act on his/her behalf. for Public Lands in Alaska, Subpart D; established a Federal Subsistence Board (c) Regulations. (1) In accordance with Seasonal Adjustment—Afognak Bay to administer the Federal Subsistence the general regulations in § 165.23 of AGENCIES: Forest Service, USDA; Fish Management Program. The Board’s this part, entry into this safety zone is and Wildlife Service, Interior. composition includes a Chair appointed prohibited unless authorized by the ACTION: Seasonal adjustment. by the Secretary of the Interior with Captain of the Port. All vessel concurrence of the Secretary of movement within the safety zone will SUMMARY: This provides notice of the Agriculture; the Alaska Regional be prohibited except as specifically Federal Subsistence Board’s in-season Director, U.S. Fish and Wildlife Service; authorized by the Captain of the Port. management action of closure for the the Alaska Regional Director, National The general requirements of §165.23 Federal subsistence salmon fisheries in Park Service; the Alaska State Director, also apply to this regulation. Afognak Bay. This action provides an Bureau of Land Management; the Alaska exception to the Subsistence Regional Director, Bureau of Indian (2) Red warning flags or red warning Management Regulations for Public Affairs; and the Alaska Regional lights will be displayed on towers Lands in Alaska, published in the Forester, USDA Forest Service. Through located at both ends of the safety zone Federal Register on February 3, 2004. the Board, these agencies participate in while firing exercises are in progress. Those regulations established seasons, the development of regulations for The flags or lights will be displayed by harvest limits, methods, and means Subparts A, B, and C, which establish 8 a.m. each day that this regulation is in relating to the taking of fish and the program structure and determine effect, and will be removed at the end shellfish for subsistence uses during the which Alaska residents are eligible to of firing exercises. 2004 regulatory year. take specific species for subsistence (3) A Coast Guard or Navy vessel will DATES: The Afognak Bay closure is uses, and the annual Subpart D patrol each end of the safety zone to effective June 12, 2004, through August regulations, which establish seasons, ensure the public is aware that firing 1, 2004. harvest limits, and methods and means exercises are in progress and that the FOR FURTHER INFORMATION CONTACT: for subsistence take of species in firing area is clear of vessel traffic before Thomas H. Boyd, Office of Subsistence specific areas. Subpart D regulations for weapons are fired. Management, U.S. Fish and Wildlife the 2003 fishing seasons, harvest limits, (4) Vessels requiring entry into or Service, telephone (907) 786–3888. For and methods and means were published passage through any portion of the questions specific to National Forest on February 12, 2003 (68 FR 7276). safety zone must first request System lands, contact Steve Kessler, Because this rule relates to public lands authorization from the Captain of the Subsistence Program Leader, USDA— managed by an agency or agencies in Port or the Coast Guard or U.S. Navy Forest Service, Alaska Region, both the Departments of Agriculture and vessel on-scene. The Captain of the Port telephone (907) 786–3592. the Interior, identical closures and can be contacted at telephone number SUPPLEMENTARY INFORMATION: adjustments would apply to 36 CFR part 242 and 50 CFR part 100. (800) 325–4965. The Coast Guard or Background U.S. Navy vessel may be contacted by The Alaska Department of Fish and radio on VHF Marine Band Radio, Title VIII of the Alaska National Game (ADF&G), under the direction of channels 13 (156.65 MHz) and 16 (156.8 Interest Lands Conservation Act the Alaska Board of Fisheries (BOF), MHz) (ANILCA) (16 U.S.C. 3111–3126) manages sport, commercial, personal requires that the Secretary of the Interior use, and State subsistence harvest on all (d) Effective period: This regulation and the Secretary of Agriculture lands and waters throughout Alaska. will be enforced from 8 a.m. on June 07, (Secretaries) implement a joint program However, on Federal lands and waters, 2004, until 8 a.m. on July 16, 2004. to grant a preference for subsistence the Federal Subsistence Board (e) The Captain of the Port will notify uses of fish and wildlife resources on implements a subsistence priority for the public of changes in the status of public lands in Alaska, unless the State rural residents as provided by Title VIII this safety zone by Marine Safety Radio of Alaska enacts and implements laws of ANILCA. In providing this priority, Broadcast on VHF Marine Band Radio, of general applicability that are the Board may, when necessary, Channel 22 (157.1 MHz). consistent with ANILCA and that preempt State harvest regulations for

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fish or wildlife on Federal lands and pursuant to 5 U.S.C. 553(d)(3) to make governmental jurisdictions. The exact waters. this rule effective as indicated in the number of businesses and the amount of These adjustments are necessary DATES section. trade that will result from this Federal because of the need to maintain the land-related activity is unknown. The Conformance With Statutory and viability of salmon stocks in Afognak aggregate effect is an insignificant Regulatory Authorities Bay based on in-season run assessments. economic effect (both positive and These actions are authorized and in National Environmental Policy Act negative) on a small number of small accordance with 50 CFR 100.19(d–e) Compliance entities supporting subsistence and 36 CFR 242.19(d–e). A Final Environmental Impact activities, such as boat, fishing gear, and Afognak Bay Statement (FEIS) was published on gasoline dealers. The number of small February 28, 1992, and a Record of entities affected is unknown; however, The strength of the Afognak Lake the effects will be seasonally and (Litnik) sockeye salmon run is Decision on Subsistence Management for Federal Public Lands in Alaska geographically limited in nature and determined by fish weir counts in the will likely not be significant. The Afognak River and the estimated (ROD) was signed April 6, 1992. The final rule for Subsistence Management Departments certify that the adjustments relative abundance of fish within the will not have a significant economic inner portion of Afognak Bay. All data Regulations for Public Lands in Alaska, Subparts A, B, and C (57 FR 22940, effect on a substantial number of small and other relevant information indicate entities within the meaning of the that to date the 2004 sockeye salmon published May 29, 1992), implemented the Federal Subsistence Management Regulatory Flexibility Act. Under the escapement counts (5,854 fish) to the Small Business Regulatory Enforcement Afognak River drainage total 26 percent Program and included a framework for an annual cycle for subsistence hunting Fairness Act (5 U.S.C. 801 et seq.), this of the 9-year average (22,426 fish). The rule is not a major rule. It does not have desired sockeye salmon escapement for and fishing regulations. A final rule that redefined the jurisdiction of the Federal an effect on the economy of $100 this date would range from 9,267 to million or more, will not cause a major 13,900 fish. Total escapement is not Subsistence Management Program to include waters subject to the increase in costs or prices for expected to meet the lower end of the consumers, and does not have escapement goal (40,000 fish). In subsistence priority was published on January 8, 1999 (64 FR 1276). significant adverse effects on response to poor 2004 escapement competition, employment, investment, numbers, at this time the Alaska Compliance With Section 810 of productivity, innovation, or the ability Department of Fish and Game (ADF&G) ANILCA of U.S.-based enterprises to compete has closed the Afognak Bay waters to The intent of all Federal subsistence with foreign-based enterprises. sport and State subsistence fishery users regulations is to accord subsistence uses Title VIII of ANILCA requires the targeting sockeye salmon. After of fish and wildlife on public lands a Secretaries to administer a subsistence consultation with subsistence users and priority over the taking of fish and preference on public lands. The scope of ADF&G managers, closure of this wildlife on such lands for other this program is limited by definition to Federally regulated subsistence fishery purposes, unless restriction is necessary certain public lands. Likewise, the is the responsible course of action at to conserve healthy fish and wildlife adjustments have no potential takings of this time, because all remaining sockeye populations. A Section 810 analysis was private property implications as defined salmon entering Afognak Bay are completed as part of the FEIS process. by Executive Order 12630. essential to achieve spawning The final Section 810 analysis The Service has determined and escapement goals. This action is taken determination appeared in the April 6, certifies pursuant to the Unfunded to ensure the conservation of the 1992, ROD, which concluded that the Mandates Reform Act, 2 U.S.C. 1502 et Afognak River sockeye salmon stock. Federal Subsistence Management seq., that the adjustments will not Sockeye salmon escapement status into Program, under Alternative IV with an impose a cost of $100 million or more Afognak River will continue to be annual process for setting hunting and in any given year on local or State monitored by ADF&G on a daily basis. fishing regulations, may have some local governments or private entities. The Should sockeye salmon escapement impacts on subsistence uses, but the implementation is by Federal agencies, numbers show a significant increase program is not likely to significantly and no cost is involved to any State or suggesting escapement goals may be restrict subsistence uses. local entities or Tribal governments. reached, the Federally regulated The Service has determined that the subsistence fishery for sockeye salmon Paperwork Reduction Act adjustments meet the applicable may be reopened in this area. The adjustment and emergency standards provided in Sections 3(a) and The Board finds that additional public closures do not contain information 3(b)(2) of Executive Order 12988, notice and comment requirements collection requirements subject to Office regarding civil justice reform. under the Administrative Procedure Act of Management and Budget (OMB) In accordance with Executive Order (APA) for these adjustments are approval under the Paperwork 13132, the adjustments do not have impracticable, unnecessary, and Reduction Act of 1995. sufficient federalism implications to contrary to the public interest. Lack of warrant the preparation of a Federalism appropriate and immediate conservation Other Requirements Assessment. Title VIII of ANILCA measures could seriously affect the The adjustments have been exempted precludes the State from exercising continued viability of fish populations from OMB review under Executive subsistence management authority over and adversely impact future subsistence Order 12866. fish and wildlife resources on Federal opportunities for rural Alaskans, and The Regulatory Flexibility Act of 1980 lands. Cooperative salmon run would generally fail to serve the overall (5 U.S.C. 601 et seq.) requires assessment efforts with ADF&G will public interest. Therefore, the Board preparation of flexibility analyses for continue. finds good cause pursuant to 5 U.S.C. rules that will have a significant effect In accordance with the President’s 553(b)(3)(B) to waive additional public on a substantial number of small memorandum of April 29, 1994, notice and comment procedures prior to entities, which include small ‘‘Government-to-Government Relations implementation of these actions and businesses, organizations, or with Native American Tribal

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Governments’’ (59 FR 22951), Executive further the business and competitive teams. These teams determine the Order 13175, and 512 DM 2, we have interests of the Postal Service. As such, business priorities of the particular evaluated possible effects on Federally the new Purchasing Manual reflects a purchase, and enter into business recognized Indian tribes and have fundamental change to Postal Service arrangements which reflect the business determined that there are no effects. The purchasing policies and procedures. objectives of the USPS. Whenever Bureau of Indian Affairs is a EFFECTIVE DATE: This final rule is appropriate, purchasing professionals participating agency in this rulemaking. effective on June 28, 2004. The are encouraged to prequalify suppliers On May 18, 2001, the President issued incorporation by reference of the who have a proven track record of Executive Order 13211 on regulations Purchasing Manual is approved by the integrity, quality, and on-time that significantly affect energy supply, Director of the Federal Register as of performance. Prequalification, which distribution, or use. This Executive June 28, 2004. has been used by the Postal Service Order requires agencies to prepare FOR FURTHER INFORMATION CONTACT: since 1988, ensures quality contract Statements of Energy Effects when Michael J. Harris (202) 268–5653. performance while enhancing undertaking certain actions. As these SUPPLEMENTARY INFORMATION: Issue 1 of competition and maintaining our actions are not expected to significantly the Purchasing Manual was issued on historical commitment to providing affect energy supply, distribution, or January 31, 1997. At that time, opportunity to the best suppliers. use, they are not significant energy purchasing organizations were advised In the interests of furthering actions and no Statement of Energy that, pending the updating of contract- purchasing uniformity and consistency, Effects is required. writing systems, the purchasing the Purchasing Manual establishes a general purchasing process containing Drafting Information organizations could determine, subject to specific limitations, when and to elements common to all Postal Service Theodore Matuskowitz drafted this what extent they may adopt its policies purchases. The Purchasing Manual also document under the guidance of and procedures. The Purchasing Manual adopts and emphasizes the proven Thomas H. Boyd, of the Office of then became fully effective on January commercial buying practices of the Subsistence Management, Alaska 27, 2000. Subsequently, updated Postal Service’s private sector Regional Office, U.S. Fish and Wildlife editions of the Purchasing Manual were counterparts and competitors. These Service, Anchorage, Alaska. Dennis Tol, issued on January 31, 2002 (Issue 2), changes will save many hours of Alaska State Office, Bureau of Land and December 25, 2003 (Issue 3). The administrative effort and improve Management; Rod Simmons, Alaska Purchasing Manual is published and purchasing lead time. Regional Office, U.S. Fish and Wildlife available to all users on the World Wide The Purchasing Manual encourages Service; Bob Gerhard, Alaska Regional Web at http://www.usps.com/business, the use of oral presentations to obtain a Office, National Park Service; Dr. Glenn and contains the Postal Service’s clear and succinct understanding of a Chen, Alaska Regional Office, Bureau of purchasing policy. supplier’s technical proposal. Oral Indian Affairs; and Steve Kessler, It will be noted that on March 24, presentations can provide a better USDA—Forest Service, provided 2004 (69 FR 13786), the Postal Service understanding of suppliers’ technical additional guidance. published a proposed rule in the abilities and also significantly reduce Authority: 16 U.S.C. 3, 472, 551, 668dd, Federal Register entitled ‘‘Purchasing of the time it takes to complete a purchase. 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. Property and Services’’. In this Communications with suppliers during 1733. document, the Postal Service proposed the purchasing process have also been Dated: June 9, 2004. to amend its regulations in order to enhanced by allowing discussions Thomas H. Boyd, implement the acquisition portions of during any stage of the process. Acting Chair, Federal Subsistence Board. its Transformation Plan (April 2000) The Purchasing Manual also consolidates and makes uniform Postal Dated: June 9, 2004. and the similar recommendations of the Service purchases of supplies, services, Steve Kessler, President’s Commission on the United States Postal Service (July 2003) as they equipment, facility design, construction, Subsistence Program Leader, USDA—Forest and mail transportation. It emphasizes Service. relate to the acquisition of property and services. That earlier, ongoing commonalties among the differing [FR Doc. 04–14555 Filed 6–25–04; 8:45 am] rulemaking is proceeding separately and commodities—purchasing best value, BILLING CODE 3410–11–P; 4310–55–P independently, and should not be prequalifying suppliers, using considered to be a part of this current commercial approaches whenever notice. appropriate—while at the same time POSTAL SERVICE The new U.S. Postal Service recognizing the Postal Service’s unique Purchasing Manual contains a complete needs and the areas in which they 39 CFR Parts 211 and 601 revision of the Postal Service’s differ. The Purchasing Manual reflects a Establishment of the Purchasing purchasing regulations, replacing the complete reorganization of the Manual To Replace the Procurement former USPS Publication 41, U.S. Postal Procurement Manual. It now has 9 Manual; Incorporation by Reference Service Procurement Manual. Following is a brief discussion of some of the chapters rather than the previous 12, AGENCY: Postal Service. major policy changes. This is followed and much material has been moved ACTION: Final rule. by a chapter-by-chapter explanation of from one chapter or section to another. the relevant changes, as reflected in the The Purchasing Manual replaces the SUMMARY: The Postal Service has issued new Purchasing Manual. Postal Service Procurement Manual, completely revised purchasing To ensure close cooperation between which was incorporated by reference in regulations, replacing the former U.S. all of the parties involved in the the Code of Federal Regulations (see 39 Postal Service Procurement Manual purchasing process, the new Purchasing CFR 601.100). A copy of the Purchasing with a new Postal Service Purchasing Manual mandates that contracting Manual will be provided to the Director, Manual. The Purchasing Manual focuses officers work with their business Office of the Federal Register. The on using the purchasing process to partners in groups known as purchasing Purchasing Manual is available for

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examination on the World-Wide Web at • Individual purchase plans are performance evaluation factors: http://www.usps.com/business. identified as the only planning proposal-specific and supplier-specific. document required. Proposal-specific factors address aspects Explanation of Changes • Supplier-selection strategies are of a particular requirement and Chapter 1—Authority, Responsibility defined and discussed. The supplier- purchase; supplier-specific factors and Policy selection strategy is developed by the address aspects central to the supplier purchase team and lists components being evaluated. Any number of factors Significant changes: that must be addressed in the source may be proposal-specific, including • Name of Postal Service purchasing selection strategy contained in the management plan, key personnel, regulations changed from Procurement individual purchase plan. delivery terms, etc. Past performance Manual to Purchasing Manual. • Evaluation teams are defined and • and supplier capability comprise the Introduction of the concept of the team membership, duties, and required supplier-specific factors. For many purchasing team. reports are discussed. purchases supplier-specific factors and • • Changes in training courses Performance evaluation factors are price will be sufficient to determine the required for contracting officer defined and discussed. There are two best value. qualification. types: proposal-specific and supplier- • Due to the important role they play in Best value defined and established specific (past performance and supplier determining the success of the purchase, as a basic purchasing policy. capability). These replace traditional contract types are now addressed in this • Supplier security clearance evaluation factors. chapter on purchase planning. requirements established. • The type of contract is designated • Strategic alliances defined. an important element in purchase Chapter 3—Supplier Relations • Policy established regarding planning. Purchase teams are authorized Significant changes: contracts with former executives or increased flexibility to determine the • Establishes Postal Service policy for officers. contract type to be used in a given a strong, competitive supplier base, and Discussion: business situation. states that the Postal Service is The new name of the Manual adopts Discussion: committed to establishing mutually Purchase planning has been redefined the commonly used private sector term beneficial partnerships with the as the ‘‘process of establishing ‘‘purchasing’’ instead of the traditional supplier community. objectives and tactics to obtain the best government term ‘‘procurement’’. The • Establishes that contracting officers value in a specific purchase.’’ Purchase permanent membership of the must manage supplier diversity and, in teams, composed of the requesting Purchasing Policy Committee (PPC) has concert with the purchase team, ensure organization, the purchasing been expanded to represent the diverse that the Postal Service’s supplier base organization and other Postal Service group of stakeholders involved in Postal reflects the diversity of the American representatives and headed by the Service purchasing policy and business community. contracting officer, perform the procedure development. • Describes the responsibilities of purchase planning. The concept of purchase teams is Individual purchase plans have both the purchase team and the included throughout the Manual and is replaced annual summary, contracting officer in identifying fully defined in 1.6.2 and 2.1, where its sources. implementation, and source selection • role in purchase planning is discussed. plans. Individual purchase plans are Lists mandatory suppliers which With the advent of the new tied to the particular purchase or series must be considered before purchasing Purchasing Manual, the training of purchases, and are composed of a certain commodities, and discusses curriculum for contracting officers has available government sources. series of elements such as potential • undergone some changes. Some courses sources, delivery schedules, purchasing Establishes that except for (Simplified Purchasing, Contract method, and contract type. Individual commodities available from mandatory Formation, Advanced Contract purchase plans require the suppliers, it is Postal Service policy to Administration) have been dropped establishment of project milestones to purchase its requirements from from the curriculum and several new ensure the success of the purchase. commercial suppliers whenever courses have been introduced Supplier-selection strategies are feasible. (Commercial Purchasing, Advanced developed by the purchase team as • When appropriate, purchase teams Purchasing, and Fundamentals of appropriate. These strategies provide should prequalify commercial suppliers Purchasing). All remaining courses guidance regarding performance regardless of the purchasing method within the Purchasing and Materials evaluation factors, determining the best being used, or the commodity being curriculum have been revised and/or value offered, and other matters, and are purchased. redesigned to reflect policy changes. incorporated into the individual • Maintains Postal Service policy and Training requirements to qualify for purchase plan. procedures regarding commercial each CO level are outlined in Chapter 1. Evaluation teams are established by suppliers, and encourages purchase Requirements for security clearances the purchase team to analyze, compare, teams to investigate other means of have been added for some service and rank competing proposals. publicizing purchase opportunities. contractors, along with a definition of Performance evaluation factors • Establishes new policy and strategic alliances which differentiates provide vital information to both the procedures for noncompetitive these arrangements from contracts for purchase team and interested suppliers: purchases and provides for exceptions supplies, services and equipment. the first by describing the supplier’s to justification, reviews, and approval proposed approach and documented requirements. Chapter 2—Purchase Planning ability to perform the work called for in • Establishes new policy and Significant changes: the solicitation; the second by informing procedures regarding protests, adjusting • Purchase planning defined. interested suppliers of the particular time schedules for consistency with • The role and responsibility of the aspects of value sought by the Postal current protest provisions and purchase team are discussed. Service. There are two types of establishing the contracting officer’s

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general responsibility for accountability • Defines commercial, design and • Inclusion of the purchase team in to prospective suppliers. construction, mail transportation and decision making relative to cost or Discussion: special purchasing and sets forth policy pricing. Although the Purchasing Manual and procedures for their use. • Contract types coverage has been contains many changes in policy and • Establishes general policy regarding moved from this chapter. procedure, several areas have not solicitations, release of information, oral Discussion: changed. Among these are the Postal presentations, performance evaluations, Contracting officers remain Service’s historic commitments to (1) discussions, best value determinations, responsible for the ultimate pricing treating all suppliers fairly, openly and contract award, notification, and decision. However, new policies make equally and; (2) providing opportunities debriefings. this decision subject to dialogue among to small, minority and woman-owned Discussion: the members of the purchase team. With businesses to compete for Postal Service Since 1993, the Postal Service has reorganization of the Purchasing contracts. These commitments are promoted increased uniformity and Manual, it was deemed more effective to reemphasized in this chapter, and consistency throughout its buying discuss contract types in relation to contracting officer responsibilities in practices. The establishment of a single purchase planning (see 2.4 of the new this area have been more accurately purchasing process is an important PM). result of this ongoing effort. The process described and delineated, as has policy Other than these changes, the entails three basic phases: solicitation of regarding subcontracting with small, contents of this chapter remain a sufficient number of qualified minority and woman-owned businesses. generally unchanged. For legislative or policy reasons, suppliers to ensure adequate and certain commodities may only be effective competition; a two-step Chapter 6—Contract Administration evaluation process requiring the review obtained from specific sources, Significant changes: and analysis of proposals in relation to including the Workshops for People • Identifies post-award roles and the solicitation’s performance who are Blind or Severely Retarded, responsibilities of the purchase team. evaluation factors and a subsequent State Licensing Agencies, etc. As a part • Establishes Postal Service policy to comparison of the proposals to each of purchase training, purchase teams resolve contractual issues by mutual other; and discussions among the most must ensure that these suppliers are agreement at the level of the manager able suppliers in order to determine considered for relevant purchases. and the contracting officer. Purchasing from commercial which is offering the best value to the • Postal Service. Supports and encourages the use of suppliers whenever possible is the alternative dispute resolution (ADR) as preferred method in the new Purchasing The comparison of competing proposals is a significant change to an effective way to understand, address, Manual, and purchase teams are and resolve conflicts with suppliers. encouraged to consider prequalifying current purchasing processes, as is the • Parties by mutual consent may suppliers prior to solicitation and new role of discussions during the agree to use an ADR process to assist in award. Prequalification may be used for evaluation and award period. resolving a claim. If ADR is not a single purchase or a series of Comparing proposals should allow appropriate or acceptable to the parties, purchases; when prequalification is evaluation teams, and subsequently the the contracting officer must review all used, competition may be limited to contracting officer and purchase team, pertinent facts, obtain assistance from only those suppliers who have been to attain a clearer grasp of the relative assigned counsel if necessary, and issue prequalified or to selected suppliers on quality and value being offered by a final decision in writing. a prequalified list. competing suppliers; it should also In addition to publicizing all purchase make determinations of relative value Discussion: opportunities valued at more than easier and more effective. Discussions, a The role of the purchase team does $100,000, purchase teams may now use single concept replacing what were not end with contract award but carries their market knowledge to determine previously termed ‘‘clarifications,’’ over throughout the life of the contract. the extent and means of further ‘‘discussions,’’ or ‘‘negotiations’’, are The contracting officer remains the head publicizing. Publicizing may be used to reach understandings and of the purchase team, continuing to act accomplished through whatever media agreement with suppliers over what is in the capacity as business manager to is deemed the most promising in terms being required, what is being offered, the team. After contract award, it of adequate competition, enhancing and what the final contract terms and becomes critical for the purchase team competition, or gaining greater conditions will be. Discussions are also to partner with the supplier to ensure awareness of a particular marketplace or used to improve suppliers’ proposals so quality contract performance. By segment. that the Postal Service receives best developing mutual performance Noncompetitive purchases have been value. They are held with the suppliers objectives at the beginning of contract moved to this chapter, as they are more deemed most qualified, and may be performance, all parties have a clear the result of the state of the marketplace opened or reopened at any time before understanding of their respective roles rather than a particular purchasing contract award. and responsibilities. This continuing method. Within the general framework of the dialog not only solidifies and reinforces Protests have also been moved to this purchasing process, contracting officers expectations, but also will resolve chapter. Changes have been made to and purchase teams may use a number misunderstandings or apparent conflicts policy and procedures regarding of purchasing methods. The method before they develop into an adversarial protests. used depends on the item being situation. purchased (mail transportation or The use of Alternative Disputes Chapter 4—Purchasing design and construction) or on the Resolution (ADR) procedures has been Significant changes: relative complexity of the purchase established. ADR provides a • Establishes policy that a single itself. nonlitigious method of handling purchasing process be used for all Postal misunderstandings or conflicts. ADR Service requirements, and describes the Chapter 5—Contract Pricing procedures are established in Clause B– process. Significant changes: 9, Claims and Disputes.

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Chapter 7—Bonds, Insurance, and No. Title No. Title Taxes Significant changes: 7–1 ...... Performance Bond Require- B–75 ...... Accountability of the Supplier • Requirement for proposal ments. (Non-Highway). 7–2 ...... Payment Bond Requirements. B–76 ...... Excusable Delays (Mail Trans- guarantees has been deleted • 7–5 ...... Alternative Payment Protections. portation Non-Highway). Alternate provisions in addition to B–77 ...... Protection of the Mail. performance bonds have been provided Appendix B—Contract Clauses B–78 ...... Renewal. for construction contracts between B–79 ...... Forfeiture of Compensation. $25,000 and $100,000, reflecting Miller The following clauses have been revised or B–80 ...... Laws and Regulations Applica- Act amendments. added to Appendix B: ble. Discussion: B–81 ...... Information or Access by Third The new purchasing policies No. Title Parties. minimize the likelihood of the supplier B–82 ...... Access by Officials. B–9 ...... Claims and Disputes. B–83 ...... Payment (Air Taxi). not agreeing to contract terms and 1–8 ...... Organizational Conflict of Inter- conditions or not performing. Therefore, B–31 ...... Supplier Clearance Require- ments. est. the need for performance guarantees is B–32 ...... Differing Site Conditions. 2–24 ...... Inspection and Acceptance— no longer necessary. B–33 ...... Inspection and Acceptance Non-fixed Price. Legislation has amended the Miller (Construction). 2–25 ...... Unpriced Options. Act to make provisions for alternate B–34 ...... Notice to Proceed and Com- 2–26 ...... Payment—Fixed Price. payment protection for construction mencement, Prosecution and 2–27 ...... Incentive Price Revision. contracts valued at over $25,000 and Completion of Work. 2–28 ...... Economic Price Adjustment— less than $100,000. Alternate payment B–35 ...... Specifications and Drawings. Labor and Materials. 2–29 ...... Economic Price Adjustment protection consists of a performance B–36 ...... Postal Service Partial Occu- pancy. (Index Method). bond, a irrevocable letter of credit, 2–30 ...... Allowable Cost and Payment. tripartite agreements or certificates of B–37 ...... Changes (Construction). B–38 ...... Accident Prevention. 2–31 ...... Limitation of Cost. 2–32 ...... Limitation of Funds. deposit. Such alternates are specified in B–39 ...... Indemnification. 2–33 ...... Cost Contract—No Fee. individual solicitations. B–40 ...... Construction Cost Breakdown. 2–34 ...... Cost—Sharing Contract—No B–41 ...... Conditions Affecting the Work. Chapter 8—Patents and Data Rights Fee. B–42 ...... Performance of Work by Sup- Significant changes: 2–35 ...... Incentive Fee. • plier. 2–36 ...... Fixed Fee. Previously, this material was B–43 ...... Superintendence by Supplier. covered in Chapter 9 of the Procurement 2–37 ...... Award Fee. B–44 ...... Use of Premises. 2–38 ...... Payment (Time-and-materials Manual. B–45 ...... Other Contracts. and Labor-Hour Contracts). Discussion: B–46 ...... Subcontracts (Construction). 2–39 ...... Ordering. None. B–47 ...... Permits and Responsibilities. 2–40 ...... Delivery-Order Limitations. B–48 ...... Payment (Construction). Chapter 9—Labor Policies 2–41 ...... Definite Quantity. B–49 ...... Building Codes, Fees, and 2–42 ...... Indefinite Quantity. Significant changes: Charges. 2–43 ...... Requirements. • Previously, this material was B–50 ...... Protection of Existing Vegeta- 2–44 ...... Contract Definitization. covered in Chapter 10 of the tion, Structures, Utilities, and 2–45 ...... Execution and Commencement Procurement Manual. Improvements. of Work. Discussion: B–51 ...... Heat. 2–46 ...... Limitation of Postal Service Li- None. B–52 ...... Debris and Cleanup. ability. B–53 ...... Survey Monuments and Bench 2–47 ...... Payment of Allowable Costs Be- Appendix A—Solicitations Marks. fore Definitization. B–54 ...... Measurements. The following provisions have been 3–1 ...... Participation of Small, Minority B–55 ...... Standard References. revised or added to Appendix A: and Women-owned Business. B–56 ...... Shop Drawings, Coordination 3–2 ...... Small, Minority and Women- Drawings, and Schedules. No. Title owned Business Subcon- B–57 ...... Record ‘‘As Built’’ Drawings. tracting Requirements. A–2 ...... Submission of Proposals. B–58 ...... Spare-Parts Data. 4–2 ...... Contract Terms and Condi- A–3 ...... Modification or Withdrawal of B–59 ...... Construction Progress Chart. tions—Commercial Items. Proposals. B–60 ...... Postal Service Occupancy. 4–3 ...... Contract Terms and Conditions A–17 ...... Telegraphic Proposals. B–61 ...... Warranty (Construction). Required to Implement Stat- 2–2 ...... Time of Delivery. B–62 ...... Samples. utes or Executive Orders— 2–3 ...... Evaluation of Options. B–63 ...... Materials and Workmanship. Commercial Items. 2–4 ...... Evaluation Exclusive of Options. B–64 ...... Accountability of the Supplier 4–16 ...... Substitution of Information Tech- 2–5 ...... Evaluation Exclusive of Un- (Highway). nology. priced Options. B–65 ...... Adjustments to Compensation. 4–17 ...... Technology Enhancement. 2–6 ...... Type of Contract. B–66 ...... Appeals to the Next Higher 6–2 ...... Contracting Officer’s Represen- 3–1 ...... Notice of Small, Minority and Level Contract Authority. tation. Women-owned Contracting B–67 ...... Changes (Transportation). Requirements. B–68 ...... Changes in Corporate Owner- Appendix C—Forms and Formats 4–1 ...... Instruction to Offerors—Com- ship or Corporate Officers. mercial Items. B–69 ...... Events of Default. No changes have been made to this 4–2 ...... Evaluation—Commercial Items. B–70 ...... Release of Supplier. Appendix. 4–3 ...... Representations and Certifi- B–71 ...... Termination for Convenience Appendix D—Rules of Practice in cations—Commercial Items. (Transportation). Proceedings Relative to Debarment And B–72 ...... Termination for Convenience— 4–7 ...... Postal Computing Environment. Suspension from Contracting 4–8 ...... Pre-Proposal Conference. Emergency Contracts. 4–9 ...... Preparation of Proposals (Con- B–73 ...... Trailer Damage. No changes have been made to this struction). B–74 ...... Payment (Highway). Appendix.

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Appendix E—Rules of Practice Before part, the U.S. Postal Service hereby general policy regarding solicitations, the Postal Service Board of Contract incorporates by reference its Purchasing release of information, oral Appeals Manual (PM). The Director of the presentations, performance evaluations, discussions, best value determinations, This Appendix has been revised to reflect Federal Register approves this changes required by the Federal Acquisition incorporation by reference in contract award, notification, and Streamlining Act’s changes to the Contract accordance with 5 U.S.C. 552(a) and 1 debriefings. Disputes Act. CFR part 51. The Purchasing Manual is (e) Chapter 5—Contract Pricing— available for examination on the World- establishes policies and procedures for Appendix F—Purchasing Manual Index Wide Web at http://www.usps.com/ price evaluation, including price This Appendix has been updated as business. You may inspect a copy at the analysis, cost analysis, and principles necessary. U.S. Postal Service Library, 475 L’Enfant for determining the allowability of costs; includes the purchase team in decision List of Subjects Plaza West SW., Washington, DC 20260–1641, or at the National Archives making relative to cost or pricing. 39 CFR Part 211 and Records Administration (NARA). (f) Chapter 6—Contract Administration—identifies post-award Administrative practice and For information on the availability of roles and responsibilities of the procedure. this material at NARA, call 202–741– 6030, or go to: http://www.archives.gov/ purchase team; establishes policy to 39 CFR Part 601 federal_register/code_of_ resolve contract issues by mutual Government procurement, Postal federal_regulations/ibr_locations.html. agreement at the level of the manager Service, Incorporation by reference. and the contracting officer; supports and § 601.101 Effective date. I In view of the considerations encourages the use of alternative discussed above, the Postal Service The provisions of the Purchasing dispute resolution (ADR) to address hereby adopts the Purchasing Manual in Manual, issued January 31, 1997, are conflicts with suppliers. (g) Chapter 7—Bonds, Insurance, and replacement of the Procurement Manual, applicable, effective January 27, 2000, Taxes—sets forth policies and Publication 41, and therefore amends 39 with respect to all covered purchasing procedures governing bonds and CFR parts 211 and 601 as follows: activities of the Postal Service. insurance under contracts, and § 601.102 Applicability and coverage. PART 211—APPLICATION OF discusses the applicability of Federal, REGULATIONS (a) The Purchasing Manual applies to State, and local taxes. all Postal Service procurements of (h) Chapter 8—Patents and Data I 1. The authority citation for part 211 property and services (except real estate Rights—covers the acquisition of continues to read as follows: and related services). patents, copyrights, and other rights in Authority: 39 U.S.C. 201, 202, 401(2), 402, (b) The Purchasing Manual data. 403, 404, 410, 1001, 1005, 1209; Pub. L. 91– supersedes the Procurement Manual. (i) Chapter 9—Labor Policies— 375, Secs. 3–5, 84 Stat. 773–75. contains procedures for contracting with § 601.103 Content of Purchasing Manual. minority-owned businesses, and § 211.2 [Amended] The Purchasing Manual consists of 9 policies carrying out the requirements of I 2. In section 211.2(a)(2), remove chapters and 6 appendices, as follows: certain statutes, including the Contract ‘‘Postal Contracting Manual’’ and add in (a) Chapter 1—Authority, Work Hours and Safety Standards Act, its place ‘‘Purchasing Manual’’. Responsibility, and Policy—covers the Davis-Bacon Act, and the Service I 3. Part 601 is revised to read as follows: general purchasing policies, including Contract Act. It establishes Postal the delegation of purchasing authority Service policy and preference regarding PART 601—PURCHASING PROPERTY and responsibility; introduces the purchase of domestic-source products AND SERVICES concept of the purchasing team; defines and services. and establishes best value as a basic (j) Appendix A—Solicitations— Sec. purchasing policy. prescribes the forms, format, and 601.100 Purchasing Manual; incorporation (b) Chapter 2—Purchase Planning— provisions to be used in preparing by reference. establishes requirements and solicitations, and the establishment and 601.101 Effective date. procedures for advance purchase 601.102 Applicability and coverage. maintenance of solicitation mailing 601.103 Content of Purchasing Manual. planning, including supplier-selection lists. It contains all solicitation 601.104 Amendments to the Purchasing strategies and performance evaluation provisions prescribed in the Manual. Manual. factors. (k) Appendix B—Contract Clauses— (c) Chapter 3—Supplier Relations— Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, prescribes certain clauses not prescribed 404, 410, 411, 2008, 5001–5605. establishes policy for a strong, elsewhere in the Manual and contains competitive supplier base; describes the all clauses prescribed in the Manual. § 601.100 Purchasing Manual; responsibilities of both the purchase (l) Appendix C—Forms and incorporation by reference. team and the contracting officer in Formats—states that the forms and Section 552(a) of Title 5, U.S.C., identifying sources; discusses sources computer generated formats necessary relating to public information and their priority; and sets forth policy to implement and supplement the requirements of the Administrative and procedures regarding commercial manual are in the Procurement Procedure Act, provides in pertinent suppliers, noncompetitive purchases, Handbook, the Facilities Design and part that ‘‘* * * matter reasonably and protests. Construction Handbook, the Mail available to the class of persons affected (d) Chapter 4—Purchasing— Transportation Procurement Handbook, thereby is deemed published in the establishes a single purchasing process and other publications and directives Federal Register when incorporated by for all requirements; defines referenced in the Manual or in these reference therein with the approval of commercial, design and construction, handbooks. the Director of the Federal Register.’’ In mail transportation, and special (m) Appendix D—Rules of Practice in conformity with that provision, with 39 purchasing and sets policy and Proceedings Relative to Debarment and U.S.C. 410(b)(1), and as provided in this procedures for their use; establishes Suspension from Contracting—contains

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a reprint of the rules of practice issued August 27, 2004, unless EPA receives of methyl acetate from the list of by the Judicial Officer as 39 CFR 957. adverse written comments by July 28, nonreactive compounds being exempted (n) Appendix E—Rules of Practice 2004. If EPA receives adverse from the State definition of VOM or Before the Postal Service Board of comments, EPA will publish a timely VOC. This list of nonreactive Contract Appeals—contains a reprint of withdrawal of the rule in the Federal compounds was presented in the ‘‘What the rules of practice issued as 39 CFR Register and inform the public that the has Illinois submitted?’’ section which 955. rule will not take effect. was published in the first column on (o) Appendix F—Purchasing Manual ADDRESSES: You may inspect copies of page 13476. It was also omitted from the Index—is an alphabetical index of the documents relevant to this action list of nonreactive compounds being important words and terms used in the during normal business hours at the exempted from the State definition of Manual. following location: Criteria Pollutant VOM or VOC in the introductory text of 40 CFR 52.720(c)(168) where EPA’s § 601.104 Amendments to the Purchasing Section, Air Programs Branch, (AR–18J), Manual. U.S. Environmental Protection Agency, approval of these exemptions is Region 5, 77 West Jackson Boulevard, codified. New issues of the Purchasing Manual Unless these errors are corrected, will be incorporated by reference into , Illinois 60604. Please contact Kathleen D’Agostino at (312) 886–1767 persons seeking a copy of the rules this part and will be available at incorrectly cited in the codification of http://www.usps.com/business. The text before visiting the Region 5 office. Send written comments to: J. Elmer the direct final rule will be unable to of amendments to the Purchasing locate the correct document. Readers of Manual will be published in the Federal Bortzer, Chief, Criteria Pollutant Section, Air Programs Branch, (AR–18J), the codification will not know that Register and will be available at methyl acetate has been exempted from http://www.usps.com/business. U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, the Illinois definition of VOM or VOC Stanley F. Mires, Chicago, Illinois 60604. because it is considered to be negligibly Chief Counsel, Legislative. [email protected]. photochemically reactive. EPA regrets [FR Doc. 04–13747 Filed 6–25–04; 8:45 am] Comments may also be submitted any inconvenience that these errors have caused. BILLING CODE 7710–12–P electronically or through hand delivery/ courier, please follow the detailed List of Subjects in 40 CFR Part 52 instructions described in Part(I)(B)(1)(i) through (iii) of the SUPPLEMENTARY Environmental protection, Air ENVIRONMENTAL PROTECTION pollution control, Incorporation by AGENCY INFORMATION section which begins in the third column on page 13474 of the reference, Intergovernmental relations, 40 CFR Part 52 March 23, 2004 (69 FR 13474) direct Volatile organic compounds. final rule. Dated: May 4, 2004. [IL218–2a; FRL–7661–8] FOR FURTHER INFORMATION CONTACT: Norman Niedergang, Approval and Promulgation of Air Kathleen D’Agostino, Environmental Acting Regional Administrator, Region 5. Quality Implementation Plans; Illinois; Engineer, Criteria Pollutant Section, Air I Part 52, chapter I, title 40 of the Code Definition of Volatile Organic Material Programs Branch (AR–18J), U.S. of Federal Regulations is amended as or Volatile Organic Compound Environmental Protection Agency, follows: Region 5, 77 West Jackson Boulevard, AGENCY: Environmental Protection Chicago, Illinois 60604, (312) 886–1767. PART 52—[AMENDED] Agency (EPA). [email protected]. I ACTION: Correction to a direct final rule; 1. The authority citation for part 52 SUPPLEMENTARY INFORMATION: On March continues to read as follows: extension of the public comment period. 23, 2004 (69 FR 13474), EPA approved revisions to Illinois’ definition of VOM Authority: 42 U.S.C. 7401 et seq. SUMMARY: This document contains and VOC contained in the Illinois State corrections to the preamble and Subpart O—Illinois Implementation Plan (SIP). codification of a final rule which was published on March 23, 2004 (69 FR Need for Correction I 2. In § 52.720, paragraph (c)(168), 13474). The rule being corrected added on March 23, 2004 (69 FR 13474), As published, the direct final rule is removed. approved revisions to Illinois’ definition contains two errors. First, the rule of volatile organic material (VOM) or I 3. In § 52.720, new paragraph (c)(168) identified the State definition of VOM is added to read as follows: volatile organic compound (VOC) or VOC as being codified at 35 Ill. Adm. contained in the Illinois State Code 211.7250. This error was § 52.720 Identification of plan. Implementation Plan (SIP). Because of published in the first column on page * * * * * the errors in the March 23, 2004, direct 13476 under the heading ‘‘What has (c) * * * final rule which necessitated correction, Illinois Submitted?’’ It also appears in (168) On October 31, 2003, the Illinois EPA is extending the public comment the codification for this action, Environmental Protection Agency period for 30 days from the publication specifically in the introductory text of submitted revisions to the Illinois State of this correction and delaying the 40 CFR 52.720(c)(168) which is Implementation Plan for ozone. The effective date of the direct final rule for presented in the second column on page submittal revises the definition for 60 days from the date of the publication 13477. The correct State citation for this volatile organic material (VOM) or of this correction. This will provide the paragraph is 35 Ill. Adm. Code volatile organic compound (VOC) public with an opportunity to comment 211.7150. This citation was correctly contained in 35 Ill. Adm. Code 211.7150 on the corrected rule before it takes presented in the ‘‘Incorporation by to incorporate an exemption for effect. reference’’ section of the codification of perchloroethylene (tetrachloroethylene); DATES: The removal of § 52.720 (c)(168) this rule. 3,3-dichloro-1,1,1,2,2- is effective June 28, 2004. The addition A second error in the March 23, 2004, pentafluoropropane (HCFC–225ca); 1,3- of a new paragraph (c)(168) is effective direct final rule concerns the omission dichloro-1,1,2,2,3-pentafluoropropane

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(HCFC–225cb); decafluoropentane (HFC accommodate the passage of were in response to congressional 43–10mee); difluoromethane (HFC–32); instrumented internal inspection directives in Sections 108(b) and 207(b) ethylfluoride (HFC–161); 1,1,1,3,3,3- devices. Responding to petitions for of the Pipeline Safety Reauthorization hexafluoropropane (HFC–236fa); reconsideration, RSPA stayed Act of 1988 (Pub. L. 100–561; Oct. 31, 1,1,2,2,3-pentafluoropropane (HFC– enforcement on some facilities and 1988).2 245ca); 1,1,2,3,3-pentafluoropropane invited comments on proposed changes Instrumented internal inspection (HFC–245ea); 1,1,1,2,3- to the regulation. The present action devices, also called ‘‘smart pigs,’’ travel pentafluoropropane (HFC–245eb); concludes our consideration of the with the flow of fluid in pipelines. 1,1,1,3,3-pentafluoropropane (HFC– petitions and comments. For existing Along the way, they collect data that 245fa); 1,1,1,2,3,3-hexafluoropropane onshore transmission lines, this action operators subsequently analyze and (HFC–236ea); 1,1,1,3,3- restricts the regulation to replacements investigate to learn the physical pentafluorobutane (HFC–365mfc); of pipe or components. For offshore condition of the pipeline. However, chlorofluoromethane (HCFC–31); 1,2- transmission lines, the regulation is operators cannot use smart pigs in dichloro-1,1,2-trifluoroethane (HCFC– restricted to certain new lines that run pipelines that contain obstructions to 123a); 1-chloro-1-fluoroethane (HCFC– between platforms or from platforms to their passage, such as short radius bends 151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4- shore. The action aligns the regulation or valves that do not open fully. The methoxybutane (C4F9OCH3); 2- with the supporting congressional purpose of the proposed regulations was (difluoromethoxymethyl)-1,1,1,2,3,3,3- directive and a related Marine Board to make pipelines open to the passage heptafluoropropane ((CF3)2CFCF2OCH3); recommendation. of smart pigs wherever practicable. Persons who submitted written 1-ethoxy-1,1,2,2,3,3,4,4,4- DATES: This Final Rule takes effect July comments on the proposed regulations nonafluorobutane (C4F9OC2H5); 2- 28, 2004. Offshore transmission lines generally sought to expand the number (ethoxydifluoromethyl)-1,1,1,2,3,3,3- covered by revised § 192.150 are those of impracticable situations in which heptafluoropropane on which construction begins after design and construction for the passage ((CF3)2CFCF2OC2H5); and methyl acetate December 28, 2005. from the definition of VOM or VOC and of smart pigs would not be mandatory. FOR FURTHER INFORMATION CONTACT: L. thereby, from regulation as ozone In a Final Rule document (59 FR 17281; M. Furrow by phone at 202–366–4559, precursors. April 12, 1994) (‘‘1994 Final Rule’’), we (i) Incorporation by reference. by fax at 202–366–4566, by mail at U.S. responded to these comments by (A) Illinois Administrative Code Title Department of Transportation, 400 including the following additional 35: Environmental Protection, Subtitle Seventh Street, SW., Washington, DC exceptions in final §§ 192.150 and B: Air Pollution, Chapter 1: Pollution 20590, or by e-mail at 195.120: Control Board, Subchapter c: Emission [email protected]. • Pipe for which there is no Standards and Limitations for SUPPLEMENTARY INFORMATION: commercially available smart pig. Stationary Sources, Part 211: Definitions • Transmission lines in Class 4 Background and General Provisions, Subpart B: (urban) locations that operate with a gas Definitions, Section 211.7150 Volatile This proceeding began when RSPA distribution system. • Organic Material (VOM) or Volatile proposed regulations (49 CFR 192.150 Piping associated with storage and 195.120) that would require facilities. Organic Compound (VOC), amended at • 22 Illinois Register 11405, effective June operators, except in certain Emergency or other unforeseen 22, 1998. impracticable situations, to design and construction problems for which the construct new and replacement gas operator seeks post-construction [FR Doc. 04–14382 Filed 6–25–04; 8:45 am] transmission lines and new and approval. • BILLING CODE 6560–50–P replacement hazardous liquid pipelines Offshore pipelines less than 10 to accommodate the passage of inches in nominal diameter that instrumented internal inspection transport gas or hazardous liquid to DEPARTMENT OF TRANSPORTATION devices (57 FR 54745; Nov. 20, 1992) onshore facilities. (‘‘Notice 1’’).1 The proposed regulations In the 1994 Final Rule, we also Research and Special Programs changed the proposed regulations in Administration 1 The proposed gas transmission line regulation response to comments that the terms (49 CFR 192.150) was substantially identical to the ‘‘replacement transmission line’’ and 49 CFR Part 192 proposed regulation for hazardous liquid pipelines ‘‘replacement pipeline’’ were unclear. (49 CFR 195.120). Proposed § 192.150 reads as [Docket No. RSPA–03–16330; Amdt. 192– We had used these terms to identify follows: which existing pipelines operators 97] § 192.150 Provision for internal passage of inspection devices. RIN 2137–AB71 2 (a) Except as provided in paragraph (b) of this Section 108(b) added the following new Section section, each new transmission line and each 3(g) to the Natural Gas Pipeline Safety Act of 1968: Pipeline Safety: Passage of Internal replacement transmission line must be designed (g) Instrumented Internal Inspection Devices.—The Inspection Devices and constructed to accommodate the passage of Secretary shall, by regulation, establish minimum instrumented internal inspection devices. Federal safety standards requiring that— AGENCY: Research and Special Programs (b) Paragraph (a) of this section does not apply (1) the design and construction of new Administration (RSPA), DOT. to manifolds, station piping (such as compressor transmission facilities, and (2) when replacement of existing transmission ACTION: Final rule. stations, metering stations, or regulator stations), cross-overs, and fittings that provide branch line facilities or equipment is required, the replacement of such existing facilities, be carried out, to the SUMMARY: junctures (such as tees and other lateral The Research and Special connections), and any other piping that the extent practicable, in a manner so as to Programs Administration (RSPA) Administrator finds in a particular case would be accommodate the passage through such published a regulation requiring that impracticable to design and construct to transmission facilities of instrumented internal new gas transmission lines and sections accommodate the passage of an instrumented inspection devices (commonly referred to as ‘‘smart internal inspection device. In the case of fittings pigs’’). of existing transmission lines in which providing branch line junctures, however, Section 207(b) added a similar new section 203(k) pipe or components are replaced be restraining elements must be added to the fitting so to the Hazardous Liquid Pipeline Safety Act of designed and constructed to that pigs can pass in the direction of straight flow. 1979.

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would have to modify to accommodate petitions for reconsideration (59 FR AGA considered the proposed the passage of smart pigs. The 49896; Sept. 30, 1994) (Notice of changes to § 192.150 impracticable and commenters suggested several Proposed Rulemaking (NPRM)). unreasonable, and said they would not alternative terms, including ‘‘replaced Specifically the proposed changes significantly reduce industry’s costs of component’’ or ‘‘replaced line section.’’ would do the following: compliance. AGA estimated that even if Although we agreed the proposed terms • For transmission lines in Class 1 the replacement provision applied only lacked clarity, we did not use the and 2 locations (areas of low to Class 3 and 4 pipelines, compliance suggested alternatives in final population), limit the replacement would cost industry more than $100 §§ 192.150(a) and 195.120(a). Instead provision to the component being million a year. It urged us to rescind the the final rules required that when replaced, if modifying the entire line replacement provision rather than adopt operators replace any line pipe or section is infeasible and unnecessary for the proposed changes. component, they must design and future safety. Other commenters largely objected to construct the entire line section • For transmission lines in Class 1 the replacement provision without containing the replacement to and 2 locations, postpone mandatory directly addressing the proposed accommodate the passage of smart pigs compliance with the replacement changes. Most of these commenters saw (‘‘replacement provision’’).3 Also, based provision, apart from the component the replacement provision as an on the definition of ‘‘line section’’ in being replaced, until February 2, 1995. unnecessary high-cost burden that § 195.2, we added the following • Exempt all offshore transmission would cause the delay of other definition to § 192.3: ‘‘Line section lines (other than new transmission lines maintenance work or safety objectives. means a continuous run of transmission 103⁄4 inches or larger) if the operator Many of them suggested that on existing line between adjacent compressor runs cleaning pigs regularly to remove transmission lines § 192.150 should stations, between a compressor station condensate and inspects risers regularly apply only to replacements of pipe and and storage facilities, between a for corrosion. components. Four commenters argued compressor station and a block valve, or We did not propose similar changes to we should not apply the replacement between adjacent block valves.’’ We § 195.120 primarily because no one provision to Class 3 transmission lines rejected as fruitless the idea of applying requested reconsideration of § 195.120. operated with distribution systems the proposed terms just to replaced pipe The lack of a request was most likely because these lines have constraints or components. Our reasoning was that because hazardous liquid pipelines have similar to those of exempt Class 4 lines. if operators never replaced some historically been designed for the Six commenters, including INGAA, existing obstructions, the pipelines passage of internal inspection expected improvements in the would never accommodate the passage equipment. We also thought the risk of technology of smart pigs would make of smart pigs, or become piggable. environmental damage posed by the replacement provision unnecessary. After publication of the 1994 Final hazardous liquid spills weighed against INGAA also suggested that preparing Rule, the American Gas Association changing § 195.120. Nevertheless, since line sections for smart pig inspections (AGA) and the Interstate Natural Gas there was no apparent need to change before deciding the inspections are Association of America (INGAA) asked § 195.120, we announced in the NPRM needed is not proper risk management. us to stay the effective date of the that we would begin to enforce the Six commenters, including INGAA, replacement provision. They argued that replacement provision of that regulation suggested that § 192.150 should exempt construction projects require lengthy in full. We also said we would continue all offshore transmission lines. Two of advance planning for, among other to suspend enforcement on gas these commenters urged exemption things, design, contracting, funding, and transmission lines until February 2, without the proposed preconditions, government approvals, and that 1995, or until we completed action on which they argued were unnecessary in compliance with § 192.150 would cause compliance dates, whichever occurred view of usual operating practices and adverse consequences. In addition, AGA first (59 FR 49897). corrosion control regulations. Mostly and INGAA each submitted a petition After reviewing the comments on the these commenters contended that for reconsideration of the replacement NPRM, we realized we would not designing and constructing these lines provision, citing procedural errors. complete the rulemaking before to provide for the future use of smart INGAA also sought exemption of all February 2, 1995. So on January 30, pigs would be very costly, technically offshore gas transmission lines from 1995, we issued another suspension of difficult, and of almost no benefit to the § 192.150. enforcement (60 FR 7133; Feb. 7, 1995). public because of the remote location. In view of the serious nature of these On existing onshore transmission lines, They attributed the costs and difficulties requests, on May 12, 1994, we we continued the previous suspension, to the normal configuration of offshore suspended enforcement of the and on offshore transmission lines, we transmission lines, essentially an replacement provision, except as it suspended enforcement of § 192.150 underwater network of different pipe applies to the pipe or component being entirely. We said these suspensions sizes with multiple right-angle replaced. Subsequently we published a would stay in effect until we responded connections, making smart pig passage notice proposing changes to § 192.150 to the comments on the NPRM and from one line to another and installation that would relax the effect of the established new compliance dates. The of launcher or receivers at connection regulation, but not fully grant the suspensions did not affect new onshore point impracticable. However, two transmission lines or replacements of commenters supported the Marine 3 Final §§ 192.150(a) and 195.120(a) are pipe or components in existing onshore Board’s recommendation (discussed substantially identical. Final § 192.150(a) reads as transmission lines. below) that, whenever reasonably follows: § 192.150 Passage of internal inspection practical, operators design new devices. Comments on the NPRM (a) Except as provided in paragraphs (b) and (c) medium-to-large-diameter lines running of this section, each new transmission line and each Fifty-seven persons responded to the between platforms and platforms to line section of a transmission line where the line invitation to comment on the NPRM. shore for the passage of smart pigs. pipe, valve, fitting, or other line component is Comments came from pipeline Several commenters addressed the replaced must be designed and constructed to accommodate the passage of instrumented internal operators, pipeline trade associations, question of what alternative to the inspection devices. and government agencies. replacement provision would ensure

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that existing transmission lines technically feasible. With little further Energy and Commerce discussed the eventually accommodate the passage of discussion, TPSSC voted unanimously limited effect the bill would have on smart pigs. A few commenters said there to recommend that we exempt all existing pipelines. The Committee said was no alternative. Others said the offshore transmission lines from the ‘‘requirement would only apply to accommodation of smart pigs would § 192.150. repairs or replacements that * * * gradually result from planned could be done in a manner to facilitate replacement programs or from a Resolving the Issues the use of smart pigs.’’ (H.R. Rept. 100– combination of replaced pipe and Essentially we face two issues in 445, Part 1, 100th Cong., 1st Sess., at 15, components, new installations, and deciding whether to change § 192.150: emphasis added). removal of obstructions. Two The first is whether the replacement In the 1994 Final Rule, however, we commenters stated the alternative was provision is justified. And the second is did not refer to Notice 1 or the continuously improving technology. whether to exclude additional Committee report to answer transmission lines from coverage. commenters’ questions about the Advisory Committee Consideration Replacement provision. The meaning of ‘‘replacement transmission The Technical Pipeline Safety controversy over the replacement line.’’ Instead we dropped the term from Standards Committee (TPSSC) provision began with our response to the final regulations in favor of the considered the NPRM at a meeting in Notice 1 commenters who requested replacement provision, which has a Washington, DC, on May 2, 1995. clarification of the term ‘‘replacement much broader effect than the design and TPSSC is a statutory, advisory transmission line.’’ We had used the construction of replacements. It requires committee that advises RSPA on term in proposed § 192.150(a) to that each transmission line section proposed safety standards and other identify the portions of existing containing a replacement must be policies for gas pipelines. The transmission line that operators would designed and constructed to committee has an authorized have to design and construct to accommodate the passage of smart pigs. membership of 15 persons, five each accommodate the passage of smart pigs. To justify this change in the final representing government, industry, and A strong inference of what regulations, we pointed to Notice 1 the public. Each member has ‘‘replacement transmission line’’ meant comments that suggested alternatives to qualifications to consider the technical is found in the following excerpt from ‘‘replacement transmission line,’’ such feasibility, reasonableness, cost- Notice 1 concerning the purpose of the as ‘‘replacement line section’’ or effectiveness, and practicability of proposed regulations: ‘‘replacement transmission section.’’ proposed gas pipeline safety standards. However, these comments were made A transcript of the meeting is available Sections 108(b) and 207(b) of the by persons who suggested that for Reauthorization Act (Pub. L. 100–561) in the Nassif Building, Room 7128, 400 require DOT to require operators to design existing transmission lines we restrict Seventh Street, SW, Washington, DC and construct certain new pipeline facilities application of the proposed rules to 20590–0001. and replacement pipeline facilities (i.e., actual replacements. Thus, in the TPSSC’s discussion at the meeting pipeline facilities that replace existing present reconsideration of the dwelled on the replacement provision of facilities), to the extent practicable, to replacement provision, we looked for a § 192.150(a). One member thought the accommodate the passage of smart pigs. To better reason that would explain the provision put too much emphasis on a meet this statutory requirement, the rules change. single method of evaluating pipeline proposed by this notice would, with limited We believe that reason lies in the integrity (using smart pigs) when exceptions, prohibit any physical restriction explanation we gave in the 1994 Final alternatives are available. Other on the passage of a smart pig in the design Rule for rejecting the idea that members questioned the benefit of or construction of new or replacement ‘‘replacement’’ should mean only pipelines. (57 FR 54746). requiring operators to do more than just replacement of pipe or components. We insure that replacement pipe and In the first sentence of the excerpt, the said if the regulations were so limited, components accommodate the passage term ‘‘replacement pipeline facilities’’ ‘‘then pipelines with restrictive of smart pigs. Still other members were identifies which existing facilities components, such as elbows and tight concerned the replacement provision Congress wanted operators to design radius field bends (which when would cause an undesirable reallocation and construct to accommodate the properly maintained never need of resources by reducing funds available passage of smart pigs. The parenthetical replacement) would never be piggable.’’ for more important maintenance needs. expression leaves no doubt that we (59 FR 17279). We amplified this In the end, TPSSC voted nine to one to intended the term to mean ‘‘facilities reasoning—that some existing pipelines recommend that we amend the that replace existing facilities.’’ The might never become piggable—when, in replacement provision to apply only to second sentence further explains that to the same paragraph, we said the clear replacements of pipe or components. meet this congressional directive on intent of the congressional mandate was The rest of TPSSC’s discussion existing facilities, the proposed rules to improve an existing pipeline’s concerned application of § 192.150 to would prohibit restrictions in piggability. A further example of this offshore transmission lines. One ‘‘replacement pipelines.’’ Given that in reasoning is in the NPRM. There we member stated emphatically that the Part 192 a ‘‘transmission line’’ is a type explained that applying § 192.150 to regulation should not apply offshore of ‘‘pipeline’’ which in turn is a type of single components rather than line because the cost of design and ‘‘pipeline facility’’ (see § 192.3), it sections ‘‘would result in virtually no construction would be too great. An follows that in Notice 1 we intended change in the ‘piggability’ of existing industry representative in the audience ‘‘replacement transmission line’’ to refer pipelines’’ and that ‘‘Congress clearly added that normal sub-sea designs to a transmission line that replaces an intended that change in the ‘piggability’ inherently do not permit the passage of existing transmission line. occur.’’ (59 FR 49897). It seems, smart pigs due to right angles between This interpretation of Notice 1 is therefore, that our strong interest in connecting pipelines. This industry consistent with the legislative history of carrying out the will of Congress to representative also said that other than Pub. L.100–561. In its report on H.R. make existing transmission lines in a few places, running smart pigs in 2266, the House bill that led to the pig piggable was behind the replacement offshore gas transmission lines was not passage requirement, the Committee on provision in § 192.150.

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Notwithstanding this prior reasoning, helter-skelter across their systems as the As stated above, NPRM commenters recent legislation and RSPA rulemaking present rule requires. generally opposed applying § 192.150 to have reduced the significance of the Offshore transmission lines. The offshore transmission lines, and the replacement provision in reaching the offshore issue first arose when 11 TPSSC supported that view. The piggability goal. Section 14 of the commenters to Notice 1 suggested we rationale related to customary offshore Pipeline Safety Improvement Act of exempt all offshore pipelines from the construction practices and the inability 2002 (Pub. L. 107–355; Dec. 17, 2002) final regulations. The commenters to run pigs through interconnected requires gas pipeline operators to generally said design features, including lines. However, no commenter or analyze and reduce the risks to their short bends and right-angle connections, TPSSC member objected specifically to facilities in highly populated areas made it impracticable for offshore applying the regulation to new lines 3 using integrity management programs pipelines to accommodate the passage 10 ⁄4 inches or larger in outside prescribed by DOT regulations. Last of smart pigs. Because of these diameter, and two commenters year RSPA published the required comments, we exempted offshore supported the idea within the limits of pipelines less than 10 inches in nominal regulations on integrity management the Marine Board’s recommendation. By diameter that transport gas or hazardous programs (68 FR 69778; Dec. 15, 2003). comparison, since the 1994 Final Rule liquid to onshore facilities The backbone of the regulations is a took effect, § 195.120 has required (§ 192.150(b)(7) and § 195.120(b)(6)). operators to design and construct requirement to use smart pigs, pressure INGAA was dissatisfied with this offshore hazardous liquid pipelines testing, direct assessment, or an outcome and, in its petition for 103⁄4 inches or larger in outside equivalent technology periodically to reconsideration, asked us to exempt all diameter to accommodate the passage of assess the effects of potential risks on new and replacement offshore smart pigs. And nothing presented by pipeline integrity. Comments submitted transmission lines from § 192.150. the NPRM commenters suggests in response to the rulemaking proposal Among other things, INGAA argued that operators cannot similarly design and indicated that operators strongly prefer making offshore transmission lines construct new gas transmission lines. to use smart pigs as the method of piggable would be of little benefit All these considerations, especially assessment and will modify their because the offshore location and the Marine Board’s recommendation, transmission lines as necessary to operators’ maintenance practices weigh toward continuing to apply accommodate smart pigs. For significantly limit the risk they pose. § 192.150 to new offshore transmission convenience of pig launching and Largely accepting this argument, in the lines 103⁄4 inches or larger in outside retrieving and to maximize pigging NPRM we proposed to modify the diameter. At the same time, we agree benefits, planned modifications most offshore exemption in § 192.150(b)(7). with the two NPRM commenters who likely will include considerable mileage The modified exemption would cover suggested we limit the regulation’s outside areas covered by the new all existing transmission lines and new offshore coverage to new lines running regulations. We believe this approach is transmission lines less than 103⁄4 inches from platform to platform or platform to prudent because pigging yields much in outside diameter if operators shore whenever reasonably practical, as more information about the condition of regularly run cleaning pigs through the the Marine Board recommended. We a pipeline and should lower compliance lines to remove condensate and also agree with the commenters who costs when widely used. Thus, regularly inspect risers for corrosion. suggested that conditioning the regardless of the replacement provision, To support our decision to continue exemption of other offshore lines on the new integrity management applying § 192.150 to new lines 103⁄4 certain maintenance practices is regulations should result in increased inches or larger in outside diameter, we unnecessary. As discussed in the piggability of existing transmission lines noted that nothing in the record showed NPRM, operators regularly remove in and near areas of high population, that offshore transmission lines are condensate from transmission lines, and areas where the risk of damage from a incapable of being designed and Part 192 already requires regular pipeline rupture is greatest. constructed to accommodate smart pigs. inspections for corrosion. We also relied on a 1994 report titled However, before making a final In sum, the NPRM commenters and ‘‘Improving the Safety of Marine decision, we sought further public input the TPSSC opposed the replacement Pipelines’’ prepared by a committee of because the offshore issue had not been provision and did not back our NPRM scientists and engineers expert in aired for some time. So we published a proposal to relax it. Moreover, the goal offshore development and management. notice (68 FR 67128; Dec. 1, 2003) of the replacement provision—ensuring The Marine Board of the National seeking comments on the following the piggability of existing Research Council established the questions: transmission—will likely be met in and committee in response to requests by • Do operators of offshore gas near areas of greatest risk through RSPA and the Minerals Management transmission lines still object to compliance with the new integrity Service to review and assess various applying § 192.150 to new offshore management regulations. Therefore, offshore pipeline issues. The report is transmission lines 10 inches or larger? upon further consideration of the record available on the Web from the National • If the answer is yes, given that new and the integrity management Academies Press at http:// hazardous liquid pipelines 10 inches or rulemaking, we have decided to revise books.nap.edu/books/0309050472/ larger are meeting § 195.120, what the replacement provision of html/. After concluding that differences are there between gas and § 192.150(a) to apply only to modification of existing pipelines to liquid pipeline design and construction replacements of pipe or components. accommodate smart pigs would practices that would justify exempting Because this decision is consistent with generally be uneconomic, the committee new offshore gas transmission lines 10 our long-running stay of enforcement, it recommended that ‘‘[n]ew medium-to inches or larger from § 192.150? should not affect operators’ current large-diameter pipelines running from • Regarding the Marine Board’s methods of compliance. Also, it will platform to platform or platform to recommendation, when would it not be enable operators to focus their line shore should be designed to ‘‘reasonably practical’’ to design new modification resources on areas of accommodate smart pigs whenever gas transmission lines 10 inches or greatest risk rather than spread them reasonably practical.’’ larger running between platforms or

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platforms and shore to accommodate the practical, Duke suggested it would not Although § 192.150 already applies to passage of smart pigs? be practical if pig launching or receiving new offshore transmission lines 103⁄4 We received four responses to the were constrained by platform space or inches or more in outside diameter, request for comments: Barb Sachau of configuration. Nor would it be because of our long-running suspension Florham Park, New Jersey; Duke Energy reasonably practical, Duke said, if the of enforcement, operators will probably Gas Transmission Corporation (Duke); new pipeline were designed to have need time to plan for compliance with El Paso Pipeline Group (El Paso); and multiple lateral connections between revised § 192.150(b)(7). So we decided INGAA. Of these commenters, only launching and receiving points. to require compliance only on lines on Duke offered useful information in Similarly, a participant at the May 2, which construction begins more than 18 response to the questions. Ms. Sachau 1995 TPSSC meeting suggested design months after the date of publication of merely urged us to adopt the utmost would not be practical if it includes a the present Final Rule. safety standards. El Paso supported lateral connection large enough to cause The changes we are making to INGAA’s petition for reconsideration, a smart pig to turn. § 192.150 remove the need to continue but said it could not respond properly We agree it makes little sense to in force the suspension of enforcement to the questions because the on-line design and construct a new platform- dated January 30, 1995 (60 FR 7133; docket (Docket No. RSPA–03–16330) connected transmission line for smart Feb. 7, 1995). Therefore, we are did not contain the ‘‘technical material’’ pig passage if the platform lacks room withdrawing the suspension as of the referenced in INGAA’s petition or the for equipment and handling needed to effective date of this Final Rule, which Marine Board study. El Paso said it launch or retrieve smart pigs. We are is shown in ‘‘Dates’’ heading above. needed more time for research, and less certain, however, about the Regulatory Analyses and Notices asked us to extend the comment period consequences of designs that provide 30 days. INGAA also requested more taps for future lateral connections, Executive Order 12866 and DOT time to submit comments (15 days), either through manifolds or more than Policies and Procedures stating that its time had been occupied one individual connection. While We do not consider this rulemaking to by work related to RSPA’s new Integrity comments indicate that right-angle Management Rule, published December be a significant regulatory action under connections are common on offshore Section 3(f) of Executive Order 12866 15, 2003, and by end-of-year holidays. pipelines and impede smart pig passage We did not grant El Paso’s or INGAA’s (58 FR 51735; Oct. 4, 1993). Therefore, from laterals to trunklines, it is not clear request to extend the comment period, the Office of Management and Budget that these connections necessarily because both commenters offered weak (OMB) has not received a copy of this restrict the passage of smart pigs excuses for not meeting the deadline rulemaking to review. In addition, we through the trunkline. Wye connections and did not suggest what new do not consider this rulemaking to be information we would receive if the can be used in some situations to significant under DOT regulatory deadline were extended. We especially alleviate problems that might arise from policies and procedures (44 FR 11034: differed with El Paso’s contention that right-angle connections, although they February 26, 1979). the ‘‘technical material’’ mentioned in may not be suitable in all situations. This rulemaking merely relaxes INGAA’s petition and the Marine Board Thus to be sure the pig passage certain provisions of the 1994 Final study were not in the on-line docket. requirement is not frustrated by designs Rule. It does not establish any new The only reference to technical material that include taps for lateral connections, requirements. It will reduce the costs to occurs on page 6 of the petition, where we believe operators should consider pipeline operators by limiting the INGAA states: ‘‘RSPA was provided using non-obstructive alternatives amount of pipelines and pipeline with an abundance of technical reasons wherever reasonably practical. Thus we components that operators must modify why offshore pipelines cannot be smart are willing to exempt designs with onshore and reduce the amount of pigged.’’ The context clearly implies obstructive taps only if the operator has pipeline offshore that is subject to that INGAA was referring to technical considered alternative designs and can regulation. A copy of the regulatory reasons contained in the rulemaking explain why they are not reasonably evaluation is available in the public record. The 1994 Final Rule discusses practical for the intended application. docket for review. these reasons, and we put a copy of the Accordingly, based on our earlier Regulatory Flexibility Act 1994 Final Rule in the on-line docket to conclusions and Duke’s latest input, we make it easier for persons to respond to are revising § 192.150(b)(7) consistent This rulemaking relaxes certain the request for comments. In addition, with the Marine Board’s provisions of § 192.150 and does not the notice included a Web address for recommendation. New offshore establish any new requirements. the Marine Board study, effectively transmission lines 10’’ inches or more in Therefore, based on these facts, I certify, placing that study in the on-line docket. outside diameter that run from platform under Section 605 of the Regulatory Although the comment deadline was to platform or platform to shore will Flexibility Act (5 U.S.C. 605), that this not extended, our customary policy is to have to be designed and constructed to rulemaking will not have a significant consider late-filed comments whenever accommodate the passage of smart pigs. impact on a substantial number of small practical, but neither commenter This requirement will not apply, entities. submitted anything more to the docket. however, if platform space or In its comments on the offshore issue, configuration is not compatible with Executive Order 13084 Duke opposed applying § 192.150 to launching or retrieving smart pigs. Nor We have analyzed this rulemaking existing offshore gas pipelines. Yet it will it apply if the design includes one according to the principles and criteria supported the Marine Board’s or more taps for lateral connections and contained in Executive Order 13084, recommendation on the design of the operator can demonstrate, based on ‘‘Consultation and Coordination with certain new offshore pipelines, calling investigation or experience, that use of Indian Tribal Governments.’’ Because the recommendation an appropriate a tap that does not obstruct the passage the rulemaking will not significantly or application of the congressional of instrumented internal inspection uniquely affect the communities of the requirement. As to when designing for devices is not reasonably practical Indian tribal governments and will not pig passage would not be reasonably under the design circumstances. impose substantial direct compliance

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costs, the funding and consultation distribution of power and § 192.150 Passage of internal inspection requirements of Executive Order 13084 responsibilities among the various devices. do not apply. levels of government; (2) imposes (a) Except as provided in paragraphs substantial direct compliance cost on Paperwork Reduction Act (b) and (c) of this section, each new State and local governments; or (3) transmission line and each replacement This rulemaking does not contain any preempts State law. Therefore, the of line pipe, valve, fitting, or other line additional information collection consultation and funding requirements component in a transmission line must requirements. of Executive Order 13132 do not apply. be designed and constructed to Unfunded Mandates Reform Act of 1995 Executive Order 13211 accommodate the passage of instrumented internal inspection This rulemaking will not impose This rulemaking is not a ‘‘Significant devices. unfunded mandates under the energy action’’ under Executive Order (b) * * * Unfunded Mandates Reform Act of 13211. It is not a significant regulatory 1995. It would not result in costs of action under Executive Order 12866 and (7) Offshore transmission lines, except 3 $100 million or more to either State, is not likely to have a significant transmission lines 10 ⁄4 inches (273 local, or tribal governments, in the adverse effect on the supply, millimeters) or more in outside diameter aggregate, or to the private sector, and distribution, or use of energy. Further, on which construction begins after would be the least burdensome this rulemaking has not been designated December 28, 2005, that run from alternative that achieves the objective of by the Administrator of the Office of platform to platform or platform to the rule. Information and Regulatory Affairs as a shore unless— significant energy action. (i) Platform space or configuration is National Environmental Policy Act incompatible with launching or Because this rulemaking merely List of Subjects in 49 CFR Part 192 retrieving instrumented internal relaxes certain provisions of § 192.150 Natural gas, Pipeline safety, Reporting inspection devices; or and does not establish any new and recordkeeping requirements. (ii) If the design includes taps for requirements, it does not create any I For the reasons discussed in this lateral connections, the operator can significant environmental issues. preamble, RSPA amends 49 CFR Part 192 demonstrate, based on investigation or Therefore, we have not analyzed this as follows: experience, that there is no reasonably rulemaking under the National practical alternative under the design Environmental Policy Act (42 U.S.C. PART 192—TRANSPORTATION OF circumstances to the use of a tap that 4321 et seq.). NATURAL AND OTHER GAS BY will obstruct the passage of PIPELINE: MINIMUM FEDERAL Executive Order 13132 instrumented internal inspection SAFETY STANDARDS devices; and We have analyzed this rulemaking I 1. The authority citation for part 192 * * * * * according to the principles and criteria continues to read as follows: contained in Executive Order 13132 Issued in Washington, DC, on June 23, (‘‘Federalism’’). The rulemaking does Authority: 49 U.S.C. 5103, 60102, 60104, 2004. not establish any regulation that: (1) Has 60108, 60109, 60110, 60113, and 60118; and Samuel G. Bonasso, 49 CFR 1.53. a substantial direct effect on the States, Deputy Administrator. the relationship between the National I 2. Revise § 192.150(a) and (b)(7) to read [FR Doc. 04–14638 Filed 6–25–04; 8:45 am] government and the States, or the as follows: BILLING CODE 4910–60–P

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Proposed Rules Federal Register Vol. 69, No. 123

Monday, June 28, 2004

This section of the FEDERAL REGISTER Comments Invited is open. Class D controlled airspace is contains notices to the public of the proposed Interested parties are invited to necessary for the safety of aircraft issuance of rules and regulations. The executing SIAPs and other IFR purpose of these notices is to give interested participate in this proposed rulemaking by submitting such written data, views, operations at Provo Municipal Airport. persons an opportunity to participate in the Class D airspace will be effective during rule making prior to the adoption of the final or arguments, as they may desire. rules. Comments that provide the factual basis specified dates and times established in supporting the views and suggestions advance by a Notice to Airmen. The presented are particularly helpful in effective date and time will, thereafter, DEPARTMENT OF TRANSPORTATION developing reasoned regulatory be published in the Airport/Facility decisions on the proposal. Comments Directory. Federal Aviation Administration are specifically invited on the overall Class D airspace areas designated as regulatory, aeronautical, economic, surface areas are published in Paragraph 14 CFR Part 71 environmental, and energy-related 5000 of FAA Order 7400.9L dated aspects of the proposal. September 2, 2003, and effective [Docket No. FAA 2003–16805; Airspace Communications should identify Docket September 16, 2003, which is Docket 03–ANM–22] FAA–2003–16805; Airspace Docket 03– incorporated by reference in 14 CFR ANM–22, and be submitted in triplicate part 71.1 The Class D airspace Proposed Establishment of Class D to the address listed above. designation listed in this document Airspace; Provo, UT Commentators wishing the FAA to would be published subsequently in the AGENCY: Federal Aviation acknowledge receipt of their comments Order. Administration (FAA), DOT. on this action must submit with those The FAA has determined that this comments a self-addressed stamped ACTION: Notice of proposed rulemaking. proposed regulation only involves an postcard on which the following established body of technical statement is made: ‘‘Comments to SUMMARY: This proposal would establish regulations for which frequent and Docket FAA–2003–16805; Airspace Class D airspace at Provo, UT. An FAA routine amendments are necessary to Docket 03–ANM–22’’. The postcard will Airport Traffic Control Tower (ATCT) is keep them operationally current. It, be date/time stamped and returned to being constructed at Provo Municipal therefore, (1) is not a ‘‘significant the commentators. Airport, Provo, UT, which will meet regulatory action’’ under Executive criteria for Class D airspace. Class D Availability of NPRM Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies surface area airspace is required when An electronic copy of this document the ATCT is open. and Procedures (44 FR 11013; February may be downloaded through the 26, 1979); and (3) does not warrant DATES: Comments must be received on Internet at http://dms.dot.gov. Recently preparation of a Regulatory Evaluation or before August 12, 2004. published rulemaking documents can as the anticipated impact is so minimal. ADDRESSES: Send comments on this also be accessed through the FAA’s Web Since this is a routine matter that will proposal to the Docket Management page at http://www.faa.gov or the only affect air traffic procedures and air System, U.S. Department of Superintendent of Document’s Web navigation, it is certified that this rule, Transportation, Room Plaza 401, 400 page at http://www.access.gpo.gov/nara. when promulgated, will not have a Additionally, any person may obtain Seventh Street, SW., Washington, DC significant economic impact on a a copy of this notice by submitting a 20590–0001. You must identify the substantial number of small entities request to the Federal Aviation Docket FAA 2003–16805; Airspace under the criteria of the Regulatory Administration, Airspace Branch ANM– Docket 03–ANM–22, at the beginning of Flexibility Act. your comments. You may also submit 520, 1601 Lind Avenue, SW., Renton, comments on the Internet at http:// WA, 98055. Communications must List of Subjects in 14 CFR Part 71 dms.dot.gov. You may review the public identify both document numbers for this notice. Persons interested in being Airspace, Incorporation by reference, docket containing the proposal, any Navigation (air). comments received, and any final placed on a mailing list for future dispositions in person in the Docket NPRM’s should contact the FAA’s The Proposed Amendment Office between 9 a.m. and 5 p.m., Office of Rulemaking at 202–267–9677 Monday through Friday, except Federal to request a copy of Advisory Circular In consideration of the foregoing, the holidays. The Docket Office, 1–800– No. 11–2A, Notice of Proposed Federal Aviation Administration 647–5527, is on the plaza level of the Rulemaking Distribution System, which proposes to amend 14 CFR part 71 as Department of Transportation NASSIF describes the application procedures. follows: Building at the above address. The Proposal PART 71—DESIGNATION OF CLASS A, An informal docket may also be The FAA is considering an CLASS B, CLASS C, CLASS D, AND examined during normal business hours amendment to Title 14 Code of Federal CLASS E AIRSPACE AREAS; at the Office of the Regional Air Traffic Regulations part 71 (14 CFR part 71) to AIRWAYS; ROUTES; AND REPORTING Division, Northwest Mountain Region, establish Class D airspace at Provo, UT. POINTS Federal Aviation Administration, 1601 An ATCT is being constructed at Provo Lind Avenue, SW., Renton, WA 98055. Municipal Airport and Class D airspace 1. The authority citation for 14 CFR SUPPLEMENTARY INFORMATION: is required during the hours the ATCT part 71 continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40103, 40113, ADDRESSES: Send comments on this Availability of NPRM’s 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– proposal to the Docket Management 1963 Comp., p. 389. An electronic copy of this document System, U.S. Department of may be downloaded through the § 71.1 [Amended] Transportation, Room Plaza 401, 400 Internet at http://dms.dot.gov. Recently Seventh Street, SW., Washington, DC 2. The incorporation by reference in published rulemaking documents can 20590–0001. You must identify FAA 14 CFR 71.1 of the Federal Aviation also be accessed through the FAA’s Web Docket No. FAA–2004–17178 and Administration Order 7400.9L, Airspace page at http://www.faa.gov, or the Airspace Docket No. 03–AWA–7 at the Designations and Reporting Points, Federal Register’s Web page at http:// beginning of your comments. You may dated September 2, 2003, and effective www.gpoaccess.gov/fr/index.html. also submit comments through the September 16, 2003, is amended as You may review the public docket Internet to http://dms.dot.gov. follows: containing the proposal, any comments FOR FURTHER INFORMATION CONTACT: Ken received, and any final disposition in Paragraph 5000 Class D airspace person in the Dockets Office (see designated as surface area for an airport. McElroy, Airspace and Rules, Office of System Operations and Safety, ATO–R, ADDRESSES section for address and * * * * * Federal Aviation Administration, 800 phone number) between 9 a.m. and 5 ANM UT D Provo, UT [Added] Independence Avenue, SW., p.m., Monday through Friday, except Provo Municipal Airport, UT Washington, DC 20591; telephone: (202) Federal holidays. An informal docket (Lat. 40°13′09″ N., long. 111°43′24″ W.) 267–8783. may also be examined during normal business hours at the office of the Spanish Fork-Springville, UT SUPPLEMENTARY INFORMATION: (Lat. 40°08′30″ N., long. 111°39′41″ W.) Regional Air Traffic Division, Federal That airspace extending upward from the Comments Invited Aviation Administration, 1601 Lind surface to and including 7,000 feet MSL Avenue, SW, Renton Washington 98055. within a 4.3-mile radius of Provo Municipal Interested parties are invited to Persons interested in being placed on Airport, excluding that airspace within 2.4 participate in this proposed rulemaking a mailing list for future NPRM’s should mile radius of the Spanish Fork-Springville by submitting such written data, views, contact the FAA’s Office of Rulemaking, Airport. This Class D airspace is effective or arguments as they may desire. (202) 267–9677, to request a copy of during specific dates and times established in Comments that provide the factual basis Advisory Circular No. 11–2A, Notice of advance by a Notice to Airmen. The effective supporting the views and suggestions Proposed Rulemaking Distribution date and time will thereafter be continuously presented are particularly helpful in System, which describes the application published in the Airport/Facility Directory. developing reasoned regulatory procedure. * * * * * decisions on the proposal. Comments History Issued in Seattle, Washington, on June 9, are specifically invited on the overall 2004. regulatory, aeronautical, economic, On September 11, 2001, the United Raul C. Trevin˜ o, environmental, and energy-related States (U.S.) suffered catastrophic Acting Manager, Air Traffic Division, aspects of the proposal. terrorist attacks involving four hijacked Northwest Mountain Region. Communications should identify both U.S. commercial aircraft. In response to [FR Doc. 04–14633 Filed 6–25–04; 8:45 am] docket numbers (FAA Docket No. FAA– these attacks, the FAA took action to temporarily shut down the National BILLING CODE 4910–13–M 2004–17178 and Airspace Docket No. 03–AWA–7) and be submitted in Airspace System with the exception of triplicate to the Docket Management certain military, law enforcement, and DEPARTMENT OF TRANSPORTATION System (see ADDRESSES section for emergency aircraft flight operations. address and phone number). You may Additionally, to hinder the potential for Federal Aviation Administration also submit comments through the further airborne attacks and to Internet at http://dms.dot.gov. specifically respond to security 14 CFR Part 73 Commenters wishing the FAA to concerns, the FAA issued numerous acknowledge receipt of their comments TFRs to limit or prohibit aircraft flight [Docket No. FAA–2004–17178; Airspace operations in the vicinity of critical Docket No. 03–AWA–7] on this action must submit with those comments a self-addressed, stamped military, government, and national RIN 2120–AA66 postcard on which the following infrastructure locations across the statement is made: ‘‘Comments to FAA country. Beginning on September 12, Proposed Establishment of Prohibited 2001, the FAA issued a series of TFRs Area 51, Bangor, WA Docket No. FAA–2004–17178 and Airspace Docket No. 03–AWA–7.’’ The to prohibit aircraft flight operations over a wide area in the vicinity of the U.S. AGENCY: Federal Aviation postcard will be date/time stamped and Naval Submarine Base at Bangor, WA. Administration (FAA), DOT. returned to the commenter. The current NOTAM 4/0221 for this ACTION: Notice of proposed rulemaking, All communications received on or area was issued on January 9, 2004. (NPRM). before the specified closing date for comments will be considered before U.S. Navy Request SUMMARY: This action proposes to taking action on the proposed rule. The Due to the current world situation and establish a prohibited area (P–51) over proposal contained in this action may continued security concerns at this the U.S. Naval Submarine Base, at be changed in light of comments facility, the U.S. Navy has requested Bangor, WA. The proposed prohibited received. All comments submitted will that the FAA designate a prohibited area area would replace a Temporary Flight be available for examination in the at Bangor, WA, to enhance Navy Restriction (TFR) that is currently in public docket both before and after the security efforts at the submarine base. effect. The FAA is proposing this action closing date for comments. A report This proposal responds to that request. to enhance the security of the Naval summarizing each substantive public Submarine Base, at Bangor, WA. contact with FAA personnel concerned Statutory Authority DATES: Comments must be received on with this rulemaking will be filed in the The FAA Administrator has broad or before August 12, 2004. docket. authority to regulate the safe and

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efficient use of the navigable airspace matter that will only affect air traffic DEPARTMENT OF HOMELAND (49 U.S.C. 40103(a)). The Administrator procedures and air navigation, it is SECURITY is also authorized to issue air traffic certified that this rule, when rules and regulations to govern the flight promulgated, will not have a significant Coast Guard of aircraft, the navigation, protection, economic impact on a substantial and identification of aircraft for the number of small entities under the 33 CFR Part 165 protection of persons and property on criteria of the Regulatory Flexibility Act. [CGD05–04–047] the ground, and for the efficient use of the navigable airspace. Additionally, Environmental Review RIN 1625–AA00 pursuant to 49 U.S.C. section 40103(b)(3) the Administrator has the The FAA has reviewed this action in Security Zone; Atlantic Ocean, authority, in consultation with the accordance with the National Chesapeake & Delaware Canal, Secretary of Defense, to ‘‘establish Environmental Policy Act and FAA Delaware Bay, Delaware River and Its security provisions that will encourage Order 1050.1D, Policies and Procedures Tributaries and allow maximum use of the for Considering Environmental Impacts. AGENCY: Coast Guard, DHS. The FAA has determined that this navigable airspace by civil aircraft ACTION: Notice of proposed rulemaking. consistent with national security.’’ Such action is neither permissive nor provisions may include establishing enabling and no extraordinary SUMMARY: The Coast Guard proposes airspace areas the Administrator decides circumstance exists, therefore it does establishing a security zone that will are necessary in the interest of national not require an environmental require all vessels in a 500-yard radius defense; and by regulation or order, assessment or statement. around escorted passenger vessels to restrict or prohibit flight of civil aircraft operate at the minimum speed that the Administrator cannot identify, List of Subjects in 14 CFR Part 73 necessary to navigate safely and prohibit locate, and control with available Airspace, Navigation (air). any vessels from entering within 100 facilities in those areas. yards of escorted passenger vessels in The Proposal The Proposed Amendment the Captain of the Port (COTP) Philadelphia zone. The proposed In response to the U.S. Navy request, In consideration of the foregoing, the security zone is needed to ensure public the FAA is proposing an amendment to Federal Aviation Administration safety and enhance maritime safety. The Title 14 Code of Federal Regulations (14 proposes to amend 14 CFR part 73 as zone will ensure the security of the CFR) part 73 (part 73) to designate a follows: vessels during transit in the COTP prohibited area over the U.S. Naval Philadelphia zone. Submarine Base, at Bangor, WA. The PART 73—SPECIAL USE AIRSPACE DATES: Comments and related material proposed prohibited area, designated as must reach the Coast Guard on or before P–51, would consist of that airspace 1. The authority citation for part 73 July 28, 2004. from the surface up to but not including continues to read as follows: ADDRESSES: You may mail comments 2,500 feet mean seal level (MSL), to Authority: 49 U.S.C. 106(g), 40103, 40113, include base property on the east side and related material to Coast Guard 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Marine Safety Office Philadelphia, One of the Hood Canal, the water across the 1963 Comp., p. 389. Hood Canal, and the base owned land Washington Avenue, Philadelphia, portion of the Toandos Peninsula. No § 73.93 [New] Pennsylvania, 19147. The Marine Safety person may operate an aircraft within a Office Philadelphia Waterways prohibited area unless authorization has 2. § 73.93 is added as follows: Management Branch maintains the been granted by the using agency, and * * * * * public docket for this rulemaking. Comments and material received from a waiver is issued by the FAA in P–51 Bangor, WA [Added] accordance with 14 CFR 91.903. The the public, as well as documents ° ′ ″ proposed prohibited area dimension is Boundaries: Beginning at lat. 47 46 31 N., indicated in this preamble as being ° ′ ″ ° ′ ″ reduced from that contained in the long. 122 46 12 W.; to lat. 47 46 29 N., available in the docket, will become part ° ′ ″ ° ′ ″ current TFR in effect for the Bangor long. 122 41 31 W.; to lat. 47 41 42 N., of this docket and will be available for ° ′ ″ ° ′ ″ Submarine base. If implemented, P–51 long. 122 41 27 W.; to lat. 47 41 40 N., inspection or copying at the above ° ′ ″ ° ′ ″ would modify and replace the current long. 122 44 11 W.; to lat. 47 43 19 N., mentioned office between 8 a.m. and 4 ° ′ ″ TFR at Bangor, WA detailed in NOTAM long. 122 46 09 W.; to the point of p.m., Monday through Friday, except 2/0447. beginning. Federal holidays. The FAA has determined that this Designated Altitudes. Surface to 2,500 MSL. FOR FURTHER INFORMATION CONTACT: regulation only involves an established Times of designation. Continuous. Lieutenant Junior Grade Kevin Sligh or body of technical regulations for which Using agency. Administrator, FAA, Ensign Jill Munsch, Coast Guard Marine frequent and routine amendments are Washington, DC. Safety Office/Group Philadelphia, at necessary to keep them operationally * * * * * (215) 271–4889. current. Therefore this proposed Issued in Washington, DC on June 16, SUPPLEMENTARY INFORMATION: regulation: (1) Is not a ‘‘significant 2004. regulatory action’’ under Executive Request for Comments Reginald C. Matthews, Order 12866; (2) is not a ‘‘significant We encourage you to participate in rule’’ under Department of Manager, Airspace and Rules. this rulemaking by submitting Transportation (DOT) Regulatory [FR Doc. 04–14631 Filed 6–25–04; 8:45 am] comments and related material. If you Policies and Procedures (44 FR 11034; BILLING CODE 4910–13–P do so, please include your name and February 26, 1979); and (3) does not address, identify the docket number for warrant preparation of a regulatory this rulemaking (CGD05–04–047), evaluation as the anticipated impact is indicate the specific section of this so minimal. Since this is a routine document to which each comment

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applies, and give the reason for each may transit in the 500-yard zone and no Small Entities comment. Please submit all comments vessels will be allowed within 100 yards Under the Regulatory Flexibility Act and related material in an unbound of any escorted passenger vessel while (5 U.S.C. 601–612), we have considered 1 format, no larger than 8 ⁄2 by 11 inches, the vessel is in the COTP Philadelphia whether this proposed rule would have suitable for copying. If you would like zone. The Captain of the Port a significant economic impact on a to know they reached us, please enclose Philadelphia, Pennsylvania’s zone is substantial number of small entities. a stamped, self-addressed postcard or defined in 33 CFR 3.25–05. For The term ‘‘small entities’’ comprises envelope. We will consider all purposes of this rule, passenger vessels small businesses, not-for-profit comments and material received during are defined as vessels greater than 100 organizations that are independently the comment period. We may change feet in length, over 100 gross tons that owned and operated and are not this proposed rule in view of them. are authorized to carry 500 or more dominant in their fields, and Public Meeting passengers, making voyages lasting governmental jurisdictions with more than 24 hours, except for ferries. populations of less than 50,000. We do not now plan to hold a public All persons or vessels would be The Coast Guard certifies under 5 meeting. But you may submit a request required to operate at the minimum safe U.S.C. 605(b) that this proposed rule for a meeting by writing to the Marine speed necessary to maintain navigation would not have a significant economic Safety Office Philadelphia, Waterways within 500-yards of a passenger vessel impact on a substantial number of small Management Branch at the address in accordance with the Navigation Rules entities. under ADDRESSES explaining why one as seen in 33 CFR chapter I, subchapters This proposed rule may affect the would be beneficial. If we determine D and E. No person or vessel would be following entities, some of which may that one would aid this rulemaking, we able to transit or remain within 100- be small entities: All vessels intending will hold one at a time and place yards of a passenger vessel without the to transit in the COTP Philadelphia announced by a later notice in the permission of the COTP Philadelphia, zone. Federal Register. PA, or a designated representative while This proposed rule would not have a Background and Purpose the escorted passenger vessel is significant impact on a substantial underway, moored or anchored in the number of small entities because the On April 2, 2004, the Captain of the Captain of the Port Philadelphia zone. restrictions affect only a limited area. Port Philadelphia signed a temporary This rule applies to all passenger vessels Although this is a permanent security final rule (TFR) that was published in with escorts, at least one of which will zone, the rule is effective only when the the Federal Register (69 FR 19326, April be a Coast Guard asset. passenger vessel is in the COTP 13, 2004; CGD05–04–066). That rule, Stationary vessels that are moored or Philadelphia zone, and vessel traffic codified as temporary 33 CFR 165.T05– anchored must remain moored or could pass safely around the security 066, established security zones for the anchored when an escorted passenger zone. Additionally, the opportunity to protection of escorted passenger vessels. vessel approaches within 100 yards of engage in recreational and charter It expires September 1, 2004. fishing outside the limits of the security Both that TFR and this proposed rule the stationary vessel. Additionally, maneuver-restricted vessels may request zone will not be disrupted. are necessary because hostile entities If you think that your business, continue to operate with the intent to permission of the COTP or designated representative to enter the security zone organization, or governmental harm U.S. shipping interests. The jurisdiction qualifies as a small entity President has continued the national in order to ensure safe passage in accordance with the Navigation Rules in and that this rule would have a emergencies he declared following the significant economic impact on it, 33 CFR chapter I, subparts D and E. September 11, 2001 terrorist attacks. 67 please submit a comment (see FR 58317 ((Sept. 13, 2002) (continuing Regulatory Evaluation ADDRESSES) explaining why you think it national emergency with respect to qualifies and how and to what degree This proposed rule is not a terrorist attacks)); 67 FR 59447 ((Sept. this rule would economically affect it. 20, 2002) continuing national ‘‘significant regulatory action’’ under emergency with respect to persons who section 3(f) of Executive Order 12866, Assistance for Small Entities commit, threaten to commit or support Regulatory Planning and Review, and Under section 213(a) of the Small terrorism)); 68 FR 55189 ((Sept. 22, 2003 does not require an assessment of Business Regulatory Enforcement (continuing national emergency with potential costs and benefits under Fairness Act of 1996 (Pub. L. 104–121), respect to persons who commit, threaten section 6(a)(3) of that Order. The Office we want to assist small entities in to commit or support terrorism)). of Management and Budget has not understanding this proposed rule so that The U.S. Maritime Administration reviewed it under that Order. It is not they could better evaluate its effects on (MARAD) recently issued Advisory 03– ‘‘significant’’ under the regulatory them and participate in the rulemaking 06 informing operators of maritime policies and procedures of the process. If the rule would affect your interests of increased threat possibilities Department of Homeland Security small business, organization, or to vessels and facilities and a higher risk (DHS). governmental jurisdiction and you have of terrorist attack to the transportation We expect the economic impact of questions concerning its provisions or community in the United States. The this proposed rule to be so minimal that options for compliance, please contact Coast Guard proposes this rule to ensure a full Regulatory Evaluation under the Lieutenant Junior Grade Kevin Sligh or vessels transit safely in the COTP zone regulatory policies and procedures of Ensign Jill Munsch, Coast Guard Marine Philadelphia, Pennsylvania. DHS is unnecessary. There is ample Safety Office/Group Philadelphia, at room for vessels to navigate around the (215) 271–4889. Discussion of Proposed Rule security zone and the Captain of the This rule proposes placing a 500-yard Port may allow vessels to enter the zone Collection of Information security zone around all escorted on a case by case basis with the express This proposed rule calls for no new passenger vessels in the COTP permission of the Captain of the Port of collection of information under the Philadelphia zone. Only vessels Philadelphia or their designated Paperwork Reduction Act of 1995 (44 traveling at the minimum safe speed representative. U.S.C. 3501–3520).

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Federalism governments, even if that impact may PART 165—REGULATED NAVIGATION A rule has implications for federalism not constitute a ‘‘tribal implication’’ AREAS AND LIMITED ACCESS AREAS under the Order. under Executive Order 13132, 1. The authority citation for part 165 Federalism, if it has a substantial direct Energy Effects continues to read as follows: effect on State or local governments and We have analyzed this proposed rule would either preempt State law or Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. under Executive Order 13211, Actions Chapter 701; 50 U.S.C. 191, 195; 33 CFR impose a substantial direct cost of Concerning Regulations That 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. compliance on them. We have analyzed Significantly Affect Energy Supply, 107–295, 116 Stat. 2064; Department of this rule under that Order and have Distribution, or Use. We have Homeland Security Delegation No. 0170.1. determined that it does not have determined that it is not a ‘‘significant 2. Add § 165.511 to read as follows: implications for federalism. energy action’’ under that order because Unfunded Mandates Reform Act it is not a ‘‘significant regulatory action’’ § 165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal, Delaware The Unfunded Mandates Reform Act under Executive Order 12866 and is not Bay, Delaware River and its tributaries. likely to have a significant adverse effect of 1995 (2 U.S.C. 1531–1538) requires (a) Location. A 500-yard radius on the supply, distribution, or use of Federal agencies to assess the effects of around escorted passenger vessels in the energy. The Administrator of the Office their discretionary regulatory actions. In Captain of the Port, Philadelphia zone of Information and Regulatory Affairs particular, the Act addresses actions as defined in 33 CFR 3.25–05. that may result in the expenditure by a has not designated it as a significant (b) Regulations. (1) All persons are State, local, or tribal government, in the energy action. Therefore, it does not required to comply with the general aggregate, or by the private sector of require a Statement of Energy Effects regulations governing security zones in $100,000,000 or more in any one year. under Executive Order 13211. § 165.33 of this part. Though this proposed rule will not Technical Standards (2) All persons or vessels operating at result in such expenditure, we do the minimum safe speed necessary to The National Technology Transfer discuss the effects of this rule elsewhere maintain navigation may transit within and Advancement Act (NTTAA) (15 in this preamble. 500 yards of an escorted passenger U.S.C. 272 note) directs agencies to use vessel without the permission of the Taking of Private Property voluntary consensus standards in their Captain of the Port Philadelphia, PA or This proposed rule would not affect a regulatory activities unless the agency designated representative while the taking of private property or otherwise provides Congress, through the Office of escorted passenger vessel is in the have taking implications under Management and Budget, with an Captain of the Port Philadelphia zone. Executive Order 12630, Governmental explanation of why using these (3) No person or vessel may transit or Actions and Interference with standards would be inconsistent with remain within 100 yards of an escorted Constitutionally Protected Property applicable law or otherwise impractical. passenger vessel without the permission Rights. Voluntary consensus standards are of the Captain of the Port Philadelphia, technical standards (e.g., specifications PA or designated representative while Civil Justice Reform of materials, performance, design, or the passenger vessel is in the Captain of This proposed rule meets applicable operation; test methods; sampling the Port Philadelphia zone. standards in sections 3(a) and 3(b)(2) of procedures; and related management (4) Any person or vessel authorized to Executive Order 12988, Civil Justice systems practices) that are developed or enter the security zone must operate in Reform, to minimize litigation, adopted by voluntary consensus strict conformance with any directions eliminate ambiguity, and reduce standards bodies. This proposed rule given by the Captain of the Port burden. does not use technical standards. Philadelphia, PA or designated Therefore, we did not consider the use Protection of Children representative and leave the security of voluntary consensus standards. zone immediately if the Captain of the We have analyzed this proposed rule Environment Port Philadelphia, PA or designated under Executive Order 13045, representative so orders. Protection of Children from We have analyzed this rule under (5) When an escorted passenger vessel Environmental Health Risks and Commandant Instruction M16475.1D, approaches within 100 yards of any Security Risks. This rule is not an which guides the Coast Guard in vessel that is moored or anchored, the economically significant rule and does complying with the National stationary vessel must stay moored or not create an environmental risk to Environmental Policy Act of 1969 anchored while it remains within 100 health or risk to security that may (NEPA) (42 U.S.C. 4321–4370f), and yards of the passenger vessel unless it disproportionately affect children. have concluded that there are no factors is either ordered by or given permission in this case that would limit the use of Indian Tribal Governments by the Captain of the Port, Philadelphia a categorical exclusion under section or designated representative to do This proposed rule does not have 2.B.2 of the Instruction. Therefore, this otherwise. tribal implications under Executive rule is categorically excluded, under (6) The Coast Guard designated Order 13175, Consultation and figure 2–1, paragraph (34)(g), of the representative enforcing this section can Coordination with Indian Tribal Instruction. be contacted on VHF Marine Band Governments, because it would not have List of Subjects in 33 CFR Part 165 Radio, channels 13 and 16. The Captain a substantial direct effect on one or of the Port can be contacted at (215) more Indian tribes, on the relationship Harbors, Marine safety, Navigation 271–4807. between the Federal Government and (water), Reporting and recordkeeping (c) Maneuver-restricted vessels. When Indian tribes, or on the distribution of requirements, Security measures, conditions permit, the Captain of the power and responsibilities between the Waterways. Port or designated representative Federal Government and Indian tribes. For the reasons discussed in the should: We invite your comments on how this preamble, the Coast Guard proposes to (1) Permit vessels constrained by their proposed rule might impact tribal amend 33 CFR part 165 as follows: navigational draft or restricted in their

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ability to maneuver to pass within the 2004 (69 FR 13474). In the rules section ENVIRONMENTAL PROTECTION 100 yards of the passenger vessel in of this Federal Register, EPA is AGENCY order to ensure safe passage in publishing a final rule which identifies accordance with the Navigation Rules as and corrects the errors, extends the 40 CFR Part 52 seen in 33 CFR chapter I, subchapters D public comment period for 30 days from [Region II Docket No. R02–OAR–2004–NJ– and E; and the date of this publication and extends 0002, FRL–7779–3] (2) Permit vessels constrained by their the effective date of the final rule for 60 navigational draft or restricted in their days from the date of publication. If Approval and Promulgation of ability to maneuver that must transit via EPA receives no written adverse Implementation Plans; New Jersey; a navigable channel or waterway to pass comments in response to that direct Revised Motor Vehicle Transportation within 100 yards of an anchored final rule, EPA plans to take no further Conformity Budgets passenger vessel. action on this proposed rule. If EPA AGENCY: (d) Definitions. As used in this Environmental Protection receives written adverse comments, section— Agency (EPA). Captain of the Port means the which EPA has not addressed, EPA will ACTION: Proposed rule. Commanding Officer of the Coast Guard withdraw the direct final rule and address all public comments received in SUMMARY: EPA is proposing to approve Marine Safety Office/Group a revision to the New Jersey State Philadelphia or any Coast Guard a subsequent final rule based on this proposed rule. The EPA will not Implementation Plan (SIP) commissioned, warrant, or petty officer transportation conformity budgets for who has been authorized by the Captain institute an additional comment period on this document. carbon monoxide and ozone precursors. of the Port to act as a designated These budgets are being revised to representative on his behalf. DATES: Comments must be received on reflect updated modeling estimates, as Escort means assets (surface or air) or before July 28, 2004. well as updated vehicle registration with the Coast Guard insignia that data. The intended effect of this action ADDRESSES: Written comments should accompany and protect the escorted is to approve a SIP revision that will be addressed to: J. Elmer Bortzer, Chief, vessel, armed with crew-served help the State continue to maintain the weapons that are manned and ready. Criteria Pollutant Section, Air Programs carbon monoxide National Ambient Air Passenger Vessels means vessels Branch (AR–18J), United States Quality Standards (NAAQS) and to greater than 100 feet in length, over 100 Environmental Protection Agency, 77 continue progress in attainment of the 1- gross tons that are authorized to carry West Jackson Boulevard, Chicago, hour NAAQS for ozone in the Northern 500 or more passengers, making voyages Illinois 60604. [email protected]. New Jersey-New York-Long Island lasting more than 24 hours, except for Comments may also be submitted nonattainment area (NAA). ferries. electronically or through hand delivery/ DATES: Comments must be received on Dated: June 17, 2004. courier, please follow the detailed or before July 28, 2004. Public Jonathan D. Sarubbi, instructions described in part (I)(B)(1)(i) comments on this action are requested Captain, U.S. Coast Guard, Captain of the through (iii) of the SUPPLEMENTARY and will be considered before taking Port Philadelphia. INFORMATION section of the March 23, final action. [FR Doc. 04–14562 Filed 6–25–04; 8:45 am] 2004 (69 FR 13474) direct final rule. ADDRESSES: Submit your comments, BILLING CODE 4910–15–P You may inspect copies of the identified by Regional Material in documents relevant to this action during EDocket (RME) ID Number R02–OAR– normal business hours at the following 2004–NJ–0002 by one of the following ENVIRONMENTAL PROTECTION methods: location: Criteria Pollutant Section, Air AGENCY 1. Federal eRulemaking Portal: Programs Branch, (AR–18J), U.S. http://www.regulations.gov. Follow the 40 CFR Part 52 Environmental Protection Agency, on-line instructions for submitting Region 5, 77 West Jackson Boulevard, [IL218–2b; FRL–7661–7] comments. Chicago, Illinois 60604. 2. Agency Website: http:// Approval and Promulgation of Air Please contact Kathleen D’Agostino at docket.epa.gov/rmepub/ Regional Quality Implementation Plans; Illinois; (312) 886–1767 before visiting the Material in EDocket (RME), EPA’s Definition of Volatile Organic Material Region 5 office. electronic public docket and comment or Volatile Organic Compound system, is EPA’s preferred method for FOR FURTHER INFORMATION CONTACT: receiving comments. Once in the AGENCY: Environmental Protection Kathleen D’Agostino, Environmental system, select ‘‘quick search,’’ then key Agency (EPA). Engineer, Criteria Pollutant Section, Air in the appropriate RME Docket ACTION: Proposed rule; Extension of the Programs Branch (AR–18J), U.S. identification number. Follow the on- public comment period. Environmental Protection Agency, line instructions for submitting Region 5, 77 West Jackson Boulevard, comments. SUMMARY: EPA is extending the public Chicago, Illinois 60604, (312) 886–1767. 3. E-mail: [email protected] comment period for a proposed rule [email protected]. 4. Fax: (212) 637–3901. published on March 23, 2004 (69 FR 5. Mail: ‘‘RME ID Number R02–OAR– 13498). In the March 23, 2004 proposed Dated: May 4, 2004. 2004–NJ–0002’’, Raymond Werner, rule, EPA proposed to approve the Norman Niedergang, Chief, Air Programs Branch, exemption of a number of nonreactive Acting Regional Administrator, Region 5. Environmental Protection Agency, compounds from Illinois’ definition of [FR Doc. 04–14383 Filed 6–25–04; 8:45 am] Region 2 Office, 290 Broadway, 25th volatile organic material or volatile BILLING CODE 6560–50–P Floor, New York, New York 10007– organic compound. Two errors were 1866. contained in the direct final rule for that 6. Hand Delivery or Courier. Deliver action which was published March 23, your comments to: Raymond Werner,

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Chief, Air Programs Branch, Agency, Region 2 Office, 290 Broadway, of the ozone standard, and was Environmental Protection Agency, 25th Floor, New York, New York approved by EPA on May 5, 2003, see Region 2 Office, 290 Broadway, 25th 10007–1866. EPA requests that if at all 68 FR 23662. Floor, New York, New York 10007– possible, you contact the contact listed On March 15, 2004, New Jersey 1866. Such deliveries are only accepted in the FOR FURTHER INFORMATION submitted a, SIP revision (hereinafter during the Regional Office’s normal CONTACT section to schedule your referred to as the March 15, 2004 hours of operation. The Regional inspection. The Regional Office’s submittal) that demonstrated the Office’s official hours of business are official hours of business are Monday continued attainment of the CO Monday through Friday, 8:30 to 4:30, through Friday, 8:30 to 4:30, excluding standard using MOBILE6 modeling. The excluding Federal holidays. Federal holidays. previous MOBILE5-based CO estimates Instructions: Direct your comments to FOR FURTHER INFORMATION CONTACT: were approved by EPA on July 25, 1996, Regional Material in EDocket (RME) ID Reema Persaud, Air Programs Branch, see 61 FR 38591. Also included in the Number R02–OAR–2004–NJ–0002. Environmental Protection Agency, 290 March 15, 2004 revision were revised EPA’s policy is that all comments Broadway, 25th Floor, New York, New budgets for the one-hour ozone received will be included in the public York 10007–1866, (212) 637–4249, attainment demonstration using 2002 docket without change and may be [email protected]. vehicle registration data for the New made available online at http:// Jersey portions of the two severe ozone docket.epa.gov/rmepub/, including any SUPPLEMENTARY INFORMATION: This NAAs—the New York-Northern New personal information provided, unless document is being proposed under a Jersey-Long Island Area, the Northern the comment includes information procedure called parallel processing. New Jersey NAA and the Trenton- claimed to be Confidential Business Under parallel processing, EPA Philadelphia-Wilmington NAA. Information (CBI) or other information proposes action on a state submission whose disclosure is restricted by statute. before it has been formally adopted and 2. What Is MOBILE6? Do not submit information that you submitted to EPA, and will take final MOBILE6 is an EPA emissions factor consider to be CBI or otherwise action on its proposal if the final model for estimating pollution from on- protected through Regional Material in submission is substantially unchanged road motor vehicles in states outside of EDocket (RME), regulations.gov, or e- from the submission on which the California. MOBILE calculates mail. The EPA RME Web site and the proposal is based, or if significant emissions of volatile organic federal regulations.gov Web site are changes in the final submission are compounds (VOCs), nitrogen oxides ‘‘anonymous access’’ systems, which anticipated and adequately described in (NOX) and carbon monoxide (CO) from means EPA will not know your identity EPA’s proposal as a basis for EPA’s passenger cars, motorcycles, buses, and or contact information unless you proposed action. light-duty and heavy-duty trucks. The provide it in the body of your comment. New Jersey held a public hearing on model accounts for the emission If you send an e-mail comment directly its proposed SIP revision on April 14, impacts of factors such as changes in to EPA without going through RME or 2004. If New Jersey’s proposed SIP vehicle emission standards, changes in regulations.gov, your e-mail address revision is substantially changed, EPA vehicle populations and activity, and will be automatically captured and will evaluate those changes and may variation in local conditions such as included as part of the comment that is publish another notice of proposed temperature, humidity, fuel quality, and placed in the public docket and made rulemaking. If no substantial changes air quality programs. Further details on available on the Internet. If you submit are made, EPA will take final action on MOBILE models can be found in EPA’s an electronic comment, EPA the State’s plan consistent with this final approval of the State’s 2003 recommends that you include your proposal and any submitted comments. MOBILE6 SIP revision at 68 FR 23662 name and other contact information in Before EPA can approve this SIP (May 5, 2003), and also at http:// the body of your comment and with any revision, New Jersey must adopt the SIP www.epa.gov/otaq/mobile6.htm. disk or CD—ROM you submit. If EPA revision and submit it formally to EPA cannot read your comment due to for incorporation into the SIP. 3. What Is the Purpose and Content of New Jersey’s Submittal? technical difficulties and cannot contact Table of Contents you for clarification, EPA may not be The purpose of the SIP revision the 1. Background able to consider your comment. 2. What is MOBILE6? State submitted on March 15, 2004 is to Electronic files should avoid the use of 3. What is the purpose and content of New revise the existing CO budget estimates special characters, any form of Jersey’s submittal? using MOBILE6, and to incorporate encryption, and be free of any defects or 4. Are New Jersey’s motor vehicle emissions updated 2002 vehicle registration data viruses. budgets approvable? that has recently been made available to Docket: All documents in the 5. Summary of Conclusions and Proposed New Jersey. The CO budgets are being electronic docket are listed in the Action updated to ensure consistency with the Regional Material in EDocket (RME) 6. Statutory and Executive Order Reviews requirement that New Jersey index at http://docket.epa.gov/rmepub/. Metropolitan Planning Organizations 1. Background Although listed in the index, some (MPOs) use EPA’s latest MOBILE model information is not publicly available, All states whose attainment for their conformity determinations. The i.e., CBI or other information whose demonstrations or maintenance plans VOC and NOX budgets for the North disclosure is restricted by statute. included interim MOBILE5-based Jersey Transportation Planning Certain other material, such as estimates for EPA’s Tier 2 standards Authority are also being updated to copyrighted material, is not placed on were required to revise and resubmit incorporate the 2002 vehicle registration the Internet and will be publicly their budgets within 1 or 2 years of the information. available only in hard copy form. final release of MOBILE6 in order to Publicly available docket materials are gain SIP approval. On January 31, 2003, 4. Are New Jersey’s Motor Vehicle available either electronically in RME or New Jersey submitted its first MOBILE6 Emissions Budgets Approvable? in hard copy at the Air Programs submittal. This SIP submittal Table 1 below summarizes New Branch, Environmental Protection demonstrated the continued attainment Jersey’s revised budgets contained in the

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March 15, 2004 submittal. These Northern New Jersey nonattainment the estimated conformity budgets for budgets were developed using the latest area by 2007. Atlantic County and 0.88 tons per planning assumptions, including the Generally, EPA’s updated version of winter day increase for Salem County. latest MOBILE model, 2002 vehicle the motor vehicle emissions model, The updated budgets for CO for DVRPC registration data, VMT, speeds, fleet MOBILE6 results in greater emission indicate a 32.85 tons per winter day mix, and SIP control measures. For the when compared to MOBILE5. The increase for Burlington County, and 20.4 North Jersey Transportation Planning emission factors generated by the tons per winter day increase for Mercer Authority (NJTPA) the 2005 VOC and MOBILE6 modeling are higher than County, and 13.96 tons per winter day NOX budgets are revised budgets based those estimated with the MOBILE5 decrease in the CO budget for Camden on the Reasonable Further Progress model in the years before 2007. When County. As discussed above, the (RFP) Plans, while the 2007 VOC and comparing budgets generated for 1997 changes to the CO emission budgets do NOX budgets are revised attainment year there was an increase in the budgets of not affect the CO maintenance plan budgets. The CO budgets are updated 860.31 tons of CO per day when trends. There continues to be a maintenance budgets using MOBILE6 compared to MOBILE5 modeling. downward trend in CO emissions, modeling, as well as 2002 vehicle However, the monitored CO therefore EPA proposes to approve these registration data. EPA is proposing to concentrations continue to indicate a budgets. approve all of these budgets. downward trend. Similarly, through The March 15, 2004 SIP revision The MOBILE6 modeling predicts an MOBILE6 modeling, estimates for the demonstrated that the updated budgets increase in the NOX budget of 3.01 tons Northern New Jersey maintenance area continue to support the predicted per day and a reduction in the VOC for year 2007 indicate an increase in the achievements of the rate of progress and budget of 13.7 tons per day for NJTPA CO budget of 290.98 tons per day, and the projected attainment of the 1-hour in 2005. Also, the updated modeling an increase of 115.18 tons per day for ozone NAAQS for Northern New Jersey/ estimates an increase in the NOX budget the year 2014 over the emission New York City/Long Island of 1.15 tons per day and a reduction in estimates of prior budgets. EPA nonattainment area by attainment date the VOC budget of 12.95 tons per day attributes the increased emissions to the 2007. The SIP submittal also indicates in 2007. The March 15, 2004 submittal way the MOBILE models calculates that with the MOBILE6 modeling demonstrated that the new levels of emissions, rather than an increase in together with the downward CO air motor vehicle budgets calculated using emission trends. Since future quality monitoring trends, emission MOBILE6, compared to MOBILE5 based conformity determinations will be trends over time are still downward, so budgets, continue to support modeled using MOBILE6, the revised the updates to the CO budgets do not achievement of the rate of progress emission budgets are appropriate. affect the continued maintenance of the requirements and projected attainment The CO updates for SJTPO indicated CO NAAQS for each CO maintenance of the 1-hour ozone NAAQS for the a 32.55 tons per winter day increase in area.

TABLE 1.—NEW JERSEY MOTOR VEHICLE EMISSIONS BUDGETS

CO emissions VOC emissions NOX emissions (tons per winter day) (tons per ozone day) (tons per ozone day) 1997 2007 2014 2005 2007 2005 2007

North Jersey Transportation 11550.74 783.39 605.63 2 148.27 2 125.82 2 253.06 2 198.34 Planning Authority (NJTPA). South Jersey Transportation 3 NA Atlantic Co. NA NA NA NA NA Planning Organization 91.68 (SJTPO). Salem Co. 31.99 Delaware Valley Regional Plan- NA Burlington NA NA NA NA NA ning Commission (DVRPC). Co. 170.43 Camden Co. 149.73 Mercer Co. 128.49 1 For Passaic, Bergen, Essex, Hudson and Union counties. 2 For all counties within the MPO. 3 NA—Budgets revisions not applicable.

5. Summary of Conclusions and substantial changes are made, EPA will transportation conformity budgets for Proposed Action publish a final rulemaking on the CO and ozone precursors. MOBILE6 revisions. The final rulemaking action modeling, which incorporated 2002 This revision is being proposed under by EPA will occur only after the SIP vehicle registration data indicates that a procedure called parallel processing, revision has been adopted by New together with the downward CO air whereby EPA proposes rulemaking Jersey and submitted formally to EPA quality monitoring trends, emission action concurrently with the State’s for incorporation into the SIP. trends over time are still downward and procedures for amending its regulations. the updates to the CO budgets do not If the proposed revision is substantially EPA is proposing to approve New changed, EPA will evaluate those Jersey’s proposed SIP revision affect the continued maintenance of the changes and may publish another notice submitted on March 15, 2004. The CO NAAQS for each CO maintenance of proposed rulemaking. If no submittal revises New Jersey’s area. The updated volatile organic

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compound and oxides of nitrogen Environmental Health Risks and Safety exemption process limited to final stage budgets continue to support the Risks’’ (62 FR 19885, April 23, 1997), manufacturers and alterers, would better predicted achievements of the rate of because it is not economically allocate legal responsibility among progress and the projected attainment of significant. incomplete and final stage the 1-hour ozone NAAQS for Northern In reviewing SIP submissions, EPA’s manufacturers, and would provide an New Jersey/NewYork City/Long Island role is to approve state choices, automatic one year lead time to new nonattainment area by the attainment provided that they meet the criteria of safety requirements for final stage date of 2007. the Clean Air Act. In this context, in the manufacturers and alterers unless the 6. Statutory and Executive Order absence of a prior existing requirement agency determines that a longer or Reviews for the State to use voluntary consensus shorter time period is appropriate. standards (VCS), EPA has no authority DATES: You should submit your Under Executive Order 12866 (58 FR to disapprove a SIP submission for comments early enough to ensure that 51735, October 4, 1993), this proposed failure to use VCS. It would thus be Docket Management receives them not action is not a ‘‘significant regulatory inconsistent with applicable law for later than August 27, 2004. action’’ and therefore is not subject to EPA, when it reviews a SIP submission, ADDRESSES: You may submit comments review by the Office of Management and to use VCS in place of a SIP submission Budget. For this reason, this action is [identified by DOT DMS Docket Number that otherwise satisfies the provisions of 03–15817] by any of the following also not subject to Executive Order the Clean Air Act. Thus, the 13211, ‘‘Actions Concerning Regulations methods: requirements of section 12(d) of the • Web site: http://dms.dot.gov. That Significantly Affect Energy Supply, National Technology Transfer and Distribution, or Use’’ (66 FR 28355, May Follow the instructions for submitting Advancement Act of 1995 (15 U.S.C. comments on the DOT electronic docket 22, 2001). This proposed action merely 272 note) do not apply. This proposed proposes to approve state law as site. rule does not impose an information • Fax: 1–202–493–2251. meeting Federal requirements and collection burden under the provisions • imposes no additional requirements Mail: Docket Management Facility; of the Paperwork Reduction Act of 1995 U.S. Department of Transportation, 400 beyond those imposed by state law. (44 U.S.C. 3501 et seq.). Accordingly, the Administrator certifies Seventh Street, SW., Nassif Building, that this proposed rule will not have a List of Subjects in 40 CFR Part 52 Room PL–401, Washington, DC 20590– significant economic impact on a 0001. Environmental protection, Air • Hand Delivery: Room PL–401 on substantial number of small entities pollution control, Carbon monoxide, under the Regulatory Flexibility Act (5 the plaza level of the Nassif Building, Intergovernmental relations, Nitrogen 400 Seventh Street, SW., Washington, U.S.C. 601 et seq.). Because this rule dioxide, Ozone, Reporting and proposes to approve pre-existing DC, between 9 a.m. and 5 p.m., Monday recordkeeping requirements, Volatile through Friday, except Federal holidays. requirements under state law and does organic compounds. • not impose any additional enforceable Federal eRulemaking Portal: Go to duty beyond that required by state law, Authority: 42 U.S.C. 7401 et seq. http://www.regulations.gov. Follow the it does not contain any unfunded Dated: June 17, 2004. online instructions for submitting comments. mandate or significantly or uniquely Jane M. Kenny, affect small governments, as described Instructions: All submissions must Regional Administrator, Region 2. include the agency name and docket in the Unfunded Mandates Reform Act [FR Doc. 04–14605 Filed 6–25–04; 8:45 am] of 1995 (Public Law 104–4). number or Regulatory Identification This proposed rule also does not have BILLING CODE 6560–50–P Number (RIN) for this rulemaking. For tribal implications because it will not detailed instructions on submitting have a substantial direct effect on one or comments and additional information more Indian tribes, on the relationship DEPARTMENT OF TRANSPORTATION on the rulemaking process, see the between the Federal Government and Public Participation heading of the National Highway Traffic Safety Indian tribes, or on the distribution of SUPPLEMENTARY INFORMATION section of Administration power and responsibilities between the this document. Note that all comments Federal Government and Indian tribes, received will be posted without change 49 CFR Parts 555, 567, 568, 571 and as specified by Executive Order 13175 to http://dms.dot.gov, including any 573 (65 FR 67249, November 9, 2000). This personal information provided. Please action also does not have Federalism [Docket No. NHTSA–99–5673] see the Privacy Act heading under implications because it does not have Regulatory Analyses and Notices. substantial direct effects on the States, RIN 2127–AE27 Docket: For access to the docket to read background documents or on the relationship between the national Vehicles Built in Two or More Stages government and the States, or on the comments received, go to http:// distribution of power and AGENCY: National Highway Traffic dms.dot.gov at any time or to Room PL– responsibilities among the various Safety Administration (NHTSA), DOT. 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., levels of government, as specified in ACTION: Supplemental notice of Executive Order 13132 (64 FR 43255, proposed rulemaking (SNPRM). Washington, DC, between 9 a.m. and 5 August 10, 1999). This action merely p.m., Monday through Friday, except proposes to approve a state rule SUMMARY: Today’s document proposes Federal holidays. implementing a Federal standard, and to amend five different parts of title 49 FOR FURTHER INFORMATION CONTACT: For does not alter the relationship or the to establish a comprehensive regulatory non-legal issues, you may call Charles distribution of power and scheme for addressing the certification Hott, Office of Crashworthiness responsibilities established in the Clean issues related to vehicles built in two or Standards, at (202) 366–0247. Air Act. This proposed rule also is not more stages and, to a lesser degree, to For legal issues, you may call Rebecca subject to Executive Order 13045 altered vehicles. The proposal, if MacPherson, Office of the Chief ‘‘Protection of Children from adopted would create a new temporary Counsel, at (202) 366–2992.

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You may send mail to both of these certification.’’ As long as a subsequent any representations about conformity to officials at the National Highway Traffic manufacturer meets the conditions of any crashworthiness standards if the Safety Administration, 400 Seventh St., the certification label, that manufacturer incomplete vehicle does not contain an SW., Washington, DC 20590. may rely on this certification and pass occupant compartment. When issuing SUPPLEMENTARY INFORMATION: it through when certifying the the original set of regulations regarding completed vehicle. certification of vehicles built in two or Table of Contents However, the amended regulations more stages, NHTSA indicated that it I. Background did not impose corresponding believed final stage manufacturers II. Negotiated Rulemaking Process certification responsibilities on would be able to rely on the III. Summary of the Proposal manufacturers of incomplete vehicles representations made in the IVDs when IV. Discussion of Issues other than chassis cabs (e.g., incomplete A. Legal Requirements certifying the completed vehicle’s B. Costs Associated With Certification vans, cut-away chassis, stripped chassis compliance with all applicable Responsibilities and chassis cowls). FMVSSs. C. Prohibition Against Manufacturer- 49 CFR part 568 requires the The distinction between chassis cabs Oriented Exemptions manufacturers of all incomplete and other forms of incomplete vehicles D. Need To Assure Safety of Vehicles vehicles to provide with each created by the 1977 amendment of 49 E. Allocation of Certification incomplete vehicle an incomplete CFR part 567, Certification, was based Responsibility vehicle document (IVD). This document on NHTSA’s belief that incomplete F. Issues Faced by Alterers of Completed details, with varying degrees of vehicles other than chassis cabs may be Vehicles specificity, the types of future insufficiently manufactured to justify G. Issues not Addressed by the Negotiated manufacturing contemplated by the any type of certification statement, Rulemaking Process H. Specifics of the Proposed Rule incomplete vehicle manufacturer and given its legal implications, by the 1. 49 CFR Part 555 must provide, for each applicable safety incomplete vehicle manufacturer. With 2. 49 CFR Part 567 standard, one of three statements that a respect to these other vehicles, NHTSA 3. 49 CFR Part 568 subsequent manufacturer can rely on maintained its position that the 4. 49 CFR Part 571 when certifying compliance of the incomplete vehicle manufacturer should 5. 49 CFR Part 573 vehicle, as finally manufactured, to be able to provide sufficient information V. Rulemaking Analyses and Notices some or all of all applicable Federal in the IVD to inform the final stage I. Background Motor Vehicle Safety Standards manufacturer about the extent to which (FMVSS). it could rely on manufacturing The certification problems related to First, the IVD may state, with respect operations of the incomplete vehicle vehicles built in two or more stages to a particular safety standard, that the manufacturer when determining have troubled both the automotive vehicle, when completed, will conform whether additional engineering industry and the National Highway to the standard if no alterations are resources were needed to certify Traffic Safety Administration (NHTSA) made in identified components of the compliance with all applicable almost since the agency’s creation. An incomplete vehicle. This representation standards in good faith. See 42 FR early set of NHTSA regulations on this is most often made with respect to 37,814 (July 25, 1977). subject was overturned by the Seventh chassis cabs, since a significant portion The distinction between certification Circuit Court of Appeals thirty years of the occupant compartment is already responsibilities of manufacturers of ago. Rex Chainbelt v. Volpe, 486 F.2d. complete. chassis cabs and the responsibilities of 757 (7th Cir. 1973); appeal after remand, Second, the IVD may provide a manufacturers of other types of Rex Chainbelt v. Brinegar, 511 F.2d statement for a particular standard or set incomplete vehicles led to a successful 1215 (7th Cir. 1975). The court’s of standards of specific conditions of challenge to a NHTSA regulation in the decision focused on chassis cabs and final manufacture under which the early 1990s. In 1987, NHTSA amended stated that for such vehicles a ‘‘dual completed vehicle will conform to the FMVSS No. 204, Steering column certification’’ was required: a partial standard. This statement is applicable in displacement, to expand the certification by the incomplete vehicle those instances in which the incomplete applicability of the standard from manufacturer and a complementary vehicle manufacturer has provided all vehicles with a gross vehicle weight partial certification by the final stage or a portion of the equipment needed to rating (GVWR) of 4,000 lb to vehicles manufacturer, resulting in a fully comply with the standard, but with a GVWR of up to 6,500 lb. 52 FR certified vehicle. In response, the subsequent manufacturing might be 44893 (November 23, 1987); denial of agency amended 49 CFR part 567.5, expected to change the vehicle such that petitions for reconsideration: 54 FR Requirements for manufacturers of it may not comply with the standard 24344 (June 7, 1989). This amendment vehicles manufactured in two or more once finally manufactured. For example, had the effect of making the standard stages, and part 568, Vehicles the incomplete vehicle could be applicable to some types of vehicles manufactured in two or more stages, to equipped with a brake system that typically manufactured in two or more define ‘‘chassis cabs’’ and establish would, in many instances, enable the stages. The National Truck and special certification requirements for vehicle to comply with the brake Equipment Association (NTEA) chassis cab manufacturers, which are standard once the vehicle was complete, challenged those amendments as they usually large vehicle manufacturers but that would not enable it to comply applied to final stage manufacturers. such as General Motors Corporation if the vehicle’s weight or center of The Sixth Circuit concluded that the (GM) and Ford Motor Company (Ford). gravity were significantly altered. challenged rule was not practicable for Pursuant to these regulations, Third, the IVD may identify those final stage manufacturers that cannot manufacturers of chassis cabs are standards for which no representation of ‘‘pass through’’ the certification of the required to place on the incomplete conformity is made because conformity incomplete vehicle manufacturer. vehicle a certification label stating with the standard is not substantially National Truck and Equipment under what conditions the chassis cab affected by the design of the incomplete Association v. NHTSA, 919 F.2d 1148 has been certified. This is commonly vehicle. Thus, a manufacturer of a (6th Cir. 1990). The court cited referred to as ‘‘pass-through stripped chassis may be unable to make NHTSA’s acknowledgement in the

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preamble to the final rule that most final interested participants (64 FR 27499; December 1999 public meeting, and stage manufacturers are not capable of May 20, 1999). Mark III stopped participating when the performing dynamic testing or in-house The chartered Committee originally company went out of business.3 engineering analysis, as well as the fact consisted of 23 individuals, many, but In December 1999, NHTSA held a that ‘‘pass through’’ certification was not all of whom remained active in the public meeting during which it broadly not available under the existing negotiations throughout the negotiated discussed the substantive issues that regulations unless the incomplete rulemaking process, as well as two would be the subject of, and the ground vehicle were a chassis cab. While the facilitators. The Committee was rules that would apply to, the negotiated court’s decision was technically limited comprised of representatives from: rulemaking process. Subsequent public to FMVSS No. 204, NHTSA recognized (1) The incomplete vehicle meetings were held in February and that the court’s decision would likely be manufacturer industry (GM, Ford, Motor March 2000, and the meeting of the deemed equally applicable to other Coach Industries (MCI), chartered committee commenced in safety standards for which the cost of DaimlerChrysler, International Truck May 2000. In the earlier meetings, the certification was high.1 and Engine Corp. (International), Committee members covered the ground The distinction between certification Freightliner, and Workhorse Custom rules associated with a negotiated responsibilities of manufacturers of Chassis (Workhorse)), rulemaking, discussed the history chassis cabs and the responsibilities of (2) The component industry (Atwood leading up to the formation of the manufacturers of other types of Mobile Products (Atwood) and Committee and stated their position vis- incomplete vehicles led to a successful Bornemann Products (Bornemann)), a`-vis the desired outcome. The (3) The final stage manufacturer and challenge to a NHTSA regulation in the subsequent meetings addressed several alterer industry (NTEA, National early 1990s. issues, including the likelihood of Mobility Equipment Dealers Association vehicles built in two or more stages II. Negotiated Rulemaking Process (NMEDA), Mark III Industries (Mark III), being involved in motor vehicle crashes, In December 1995, NHTSA convened Environmental Industries Associations the potential for legal liability when a public meeting on the subject of (EIA), Recreation Vehicle Industry subsequent manufacturers complete Association (RVIA), Blue Bird Body Co. certification of multistage vehicles. In manufacturing operations outside of the (Blue Bird), National Automobile the Federal Register notice announcing IVD or pass-through certification, and Dealers Association (NADA), and an the meeting, the agency sought the the perceived and actual needs of end individual representing the Ambulance participants’ views on the feasibility of consumers to have certain features on Manufacturers Division and negotiated rulemaking on the subject (60 their vehicles. Manufactures Council of Small School FR 57694; November 17, 1995). At the Another meeting was held in October Buses, Mid-Size Bus Manufacturers meeting, each identified group of 2000, during which all issues save two Association (AMD)), were largely resolved.4 First, participants indicated willingness to (4) The end users of the vehicle participate in a negotiated rulemaking to International and Freightliner, who (American Automobile Association 5 resolve the outstanding issues regarding (AAA), Paralyzed Veterans of America were not at the October 2000 meeting, certification. In 1998, NHTSA initiated (PVA), National Association of Fleet expressed concerns in writing about a process to determine whether the Administrators (NAFA), and Center for incomplete vehicle manufacturers’ various parties were still interested in Auto Safety (CFAS)), taking legal responsibility for participating in a negotiated process. (5) Vehicle testing facilities (TRC incomplete vehicles through As part of that process, NHTSA hired Corp.), and representations made in the IVD. Since the Mediation Consortium as (6) NHTSA.2 they offered no solution addressing their independent, neutral conveners. The Several other parties representing concerns, instead positing that there Mediation Consortium interviewed these groups were also contacted, was no need to change the existing various interested parties and advised particularly those who could represent regulatory scheme, the issue was tabled NHTSA on the feasibility of conducting the end user of the vehicle. The until the next meeting. The other a negotiated rulemaking. Based upon Insurance Institute for Highway Safety remaining issue, which addressed the these interviews, the Mediation (IIHS) and Consumers Union declined possibility of excluding final stage Consortium tentatively determined that to participate. Public Citizen initially the issues, while both complex and expressed an interest in participating, 3 NHTSA has the authority to decide whether the contentious, were appropriate for participation of these three parties was critical to but decided against doing so when it balance or representation of all affected interests on possible resolution through negotiated discovered that CFAS would be the Committee. The interests represented by AAA rulemaking. Based upon the involved. The Teamsters Union, which and PVA were also represented by the CFAS and recommendation of the Mediation represents many of the drivers of the NAFA. Likewise, the interests of final stage Consortium, and a desire to address the manufacturers were represented by several parties commercial motor vehicles other than Mark III, including associations issues raised by the NTEA decision manufactured in two or more stages, (NMEDA, RVIA, and NTEA) and an individual regarding the existing regulation, also declined the agency’s invitation to company (Blue Bird Body Company). Finally, while NHTSA published a notice of intent to participate. While listed as a Committee Mark III was actively involved in the negotiations convene a negotiated rulemaking prior to ceasing business operations, AAA and PVA member, AAA did not attend any played no active role in the process with PVA committee, and sought the names of meetings. The PVA attended only the attending only the first, introductory meeting, and AAA attending none of the meetings. Accordingly, 1 Of particular concern to final stage vehicle 2 While not a member of the Committee, NHTSA has determined that the participation of manufacturers is the cost of certifying to the Transport Canada attended several of the these three parties was not critical to the negotiated dynamic crash test requirements of some of the Committee meetings and provided valuable input. rulemaking process. safety standards. Under these standards, NHTSA This informal participation by Transport Canada 4 The minutes of these meetings are in the docket. conducts compliance testing by crashing a vehicle. has helped both Canada and the United States 5 While the October 2000 meeting had been While NHTSA has always maintained that a develop regulations that will be closely harmonized scheduled for some time prior to it taking place, manufacturer need not actually crash the vehicle in should the proposed language be adopted by final confirmation of the meeting by the mediator order to certify compliance, it generally has not NHTSA. Indeed, the Canadian regulation is already occurred only a few days prior. Accordingly, some specified alternative certification methods in the in effect, although the proposed rule developed by Committee members, including International and standards. the committee contains additional detail. Freightliner, were unable to attend.

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manufacturers from the coverage of concurred with the report’s content, III. Summary of the Proposal certain safety standards in cases in while TRC, NAFA, CFAS, EIA, and MCI Today’s document proposes to amend which the manufacturer’s production of did not comment on the draft report. five different parts of title 49 of the Code the vehicle in question is limited, had NMEDA’s comments were limited to of Federal Regulations to establish a been the most contentious issue at each concerns about the exclusion of vehicle comprehensive regulatory scheme for of the previous meetings and largely modifiers from the proposed generic addressing the certification issues impacted four members of the leadtime, the potential for allocation of related to vehicles built in two or more committee, NHTSA, NTEA, AMD, and recall responsibility to vehicle stages and, to a lesser degree, to altered RVIA. Given the limited impact on the equipment manufacturers, and the vehicles. Committee as a whole, as well as the applicability of new temporary First, the agency proposes potential for the issue to prevent any exemption procedures to dynamic test establishing a new subpart in 49 CFR consensus on changes to parts 567 and conditions. Ford, Freightliner, part 555, Temporary Exemption From 568, the Committee agreed to hold no International and DaimlerChrysler Motor Vehicle Safety and Bumper more meetings unless the four interested objected to the provision that NHTSA Standards, that would be limited to parties were able to come to an could allocate initial recall final stage manufacturers and alterers. agreement on how to address potential responsibility when the various The new subpart would streamline the exemptions. involved manufacturers could not agree temporary exemption process by After meetings between the NTEA, which was the responsible party. allowing a group of manufacturers to AMD and NHTSA, at which the NTEA International disagreed with the bundle their exemption petitions for a represented RVIA’s interests, a final provisions that would allocate legal specific vehicle design, permitting a Committee meeting was held in responsibility among each manufacturer single explanation of the potential safety February 2002. Because NHTSA’s in the manufacturing process, stating it impact and attempts to comply. Each contract with the Mediation Consortium could not be responsible for further manufacturer seeking an exemption had expired, Glen Zuchniewicz, the would be required to demonstrate Committee representative for General manufacturing operations outside of its control. It suggested a revision to the financial hardship and certify that it has Motors, facilitated this final meeting. been unable to manufacturer a Not all members of the Committee were draft regulation that would prevent subsequent stage manufacturers from compliant vehicle. able to attend the final meeting, 49 CFR part 567, Certification, would although a broad-based representation relying on any incomplete vehicle manufacturer representation if the be generally updated for all vehicles. was available. However, 49 CFR 567.5, the section At the beginning of the meeting, two subsequent stage manufacturer modified dealing with certification of vehicles outstanding issues remained: (1) The or added originally supplied built in two or more stages, would be scope of certification representations components or systems in such a significantly revised to allocate legal made by incomplete vehicle manner as to affect certification or the responsibility among all manufacturers manufacturers, and (2) a mechanism for validity of stated weight ratings. of these vehicles. This approach assuring a timely recall in the event the Given the lack of consensus among represents a significant change because various manufacturers could not agree the Committee members, NHTSA has the current regulation only allocates who was responsible for a given decided to move forward with the compliance responsibility among noncompliance or safety defect.6 At the publication of a SNPRM on which all manufacturers of chassis cabs and final conclusion of the meeting, there Committee members are free to offer stage manufacturers. remained objections from several of the unrestricted comments. NHTSA The proposed changes to 49 CFR part incomplete vehicle manufacturers as to recognizes that various Committee 568, Vehicles Manufactured in Two or the possible acceptance of legal members compromised their initial More Stages, would allow incomplete responsibility for unanticipated positions as part of the negotiation vehicle manufacturers to incorporate manufacturing operations by subsequent process. Given the lack of consensus on design documents such as body builder manufacturers. all aspects of the draft regulation guides into the IVD. These more NHTSA agreed to draft the Committee developed by the Committee, NHTSA detailed documents would not only report for circulation among those believes it would be unfair to restrict provide greater guidance to subsequent Committee members still involved in comment on any portions of the manufacturers, but also provide more the process. The Committee agreed that proposal. Nevertheless, NHTSA believes detailed design constraints than an IVD, no decisions reached at the meeting that the draft regulation represents a reducing the likelihood that a were final. All Committee members significant improvement over the subsequent stage manufacturer could have had an opportunity to review and existing regulations governing the successfully claim that it was unaware comment on the Committee report. certification of vehicles built in two or Committee members were given that a particular modification would more stages. Additionally, the agency invalidate the previous manufacturer’s approximately ten weeks to review the recognizes that the negotiated draft report. Atwood, Bornemann, Blue compliance statement. rulemaking process afforded all The proposal contemplates an Bird and Workhorse concurred with the participants a unique opportunity to automatic additional year of compliance report without further comment. NADA, fully evaluate proposed changes to the effective dates for final stage GM, NTEA, AMD and RVIA offered existing regulations, as well as possible manufacturers and alterers. This extensive revisions, but generally alternative approaches. We believe the additional leadtime, which would negotiated rulemaking process has been 6 The mechanism to ensure a timely recall was become part of 49 CFR 571.8, Effective discussed and generally agreed upon by the valuable in drafting amendments that Date, would apply unless NHTSA Committee on the second day of the meeting. Some balance the practical needs of all parties decides that such leadtime is Committee members left the meeting early because represented by the Committee. inappropriate as part of a rulemaking of travel arrangements. These individuals, as well Accordingly, it has decided to propose as those Committee members who did not attend amending or establishing a safety the meeting, did not have an opportunity to discuss amending the applicable regulations as standard. In some instances, NHTSA this provision. drafted by the Committee. may determine that an additional year is

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insufficient and may provide an even protected by conducting the NHTSA The Committee also noted that longer leadtime. compliance test as its certification test, concerns over test costs are not Finally, 49 CFR part 573, Defect and even though such testing will not necessarily limited to dynamic crash Non-compliance Responsibility and relieve it of its recall responsibilities in tests. For example, the cost of full-scale Reports, would be amended to address the event of a noncompliance. brake tests may not be practicable for those situations in which all parties Conducting NHTSA compliance tests most final stage manufacturers because agree that there is a noncompliance or for certification purposes serves a brake tested vehicle may not be able defect, but cannot determine which another, more important, function than to be sold as a new vehicle due to the manufacturing operation led to the simply avoiding the imposition of civil wear and tear on the vehicle. In those noncompliance or defect. In such an penalties. Given the limited number of instances in which a small multi-stage instance, NHTSA would be able to compliance tests run by NHTSA each manufacturer sells one or two vehicles assure that the affected vehicles are year, the majority of noncompliances that are significantly different from recalled while the various are discovered by vehicle manufacturers other configurations manufactured by manufacturers sorted out legal rather than by NHTSA. Accordingly, the the same manufacturer, it could be faced responsibility. industry practice of using the NHTSA with building one vehicle to test and procedure for certification testing has another to sell. Thus, it is important that IV. Discussion of Issues proven to be a valuable method of incomplete vehicle manufacturers A. Legal Requirements detecting noncompliances both during provide sufficient information in the the design stage of the vehicle and after Pursuant to the Vehicle Safety Act, IVD to allow the final stage the vehicle has been introduced in the NHTSA issues FMVSSs that apply to manufacturer to complete open market, improving the overall manufacturing operations in a manner new motor vehicles that are safety of the motor vehicle fleet. that allows it to rely on the certification manufactured for sale in the United representations provided by the States. The FMVSSs also apply, subject B. Costs Associated With Certification Responsibilities previous stage manufacturers. to certain exemptions, to new or used However, for some commonly motor vehicles imported into the United Based on the discussions throughout configured vehicles, there is a States. The Vehicle Safety Act requires the negotiated rulemaking process, possibility for consortium testing among manufacturers to certify that their NHTSA acknowledges that the cost of various manufacturers that may allow vehicles, at the time of manufacture, dynamic vehicle testing is a legitimate for dynamic tests that can be relied comply with all applicable safety concern when relatively small numbers upon as a basis of compliance by standards. 49 U.S.C. 30112. Each of similarly configured vehicles are manufacturers who complete their manufacturer must give evidence of this produced by a small manufacturer, and manufacturing operations consistent certification by affixing to its vehicles a that alternative means of compliance with such testing. While it is unclear permanent label stating that the vehicles such as computer modeling are not how much consortium testing will be comply with all applicable safety appreciably more affordable for small undertaken, that approach appears to be standards. 49 U.S.C. 30115. volume manufacturing since such a viable alternative to manufacturer- NHTSA verifies compliance with the modeling requires validation through specific compliance testing for some safety standards by running compliance dynamic crash testing. Thus, in the standards among final-stage tests that are set forth within many of instance of dynamic test requirements, manufacturers producing similar those safety standards. NHTSA does not most final stage manufacturers must rely vehicles, particularly where amenity verify compliance of every vehicle make on representations within the IVD in features are not involved. Business and and model. Rather, it selects specific order to make a good faith certification legal considerations such as concerns vehicles to test based on various criteria that the vehicle complies with the about competitive advantage, possible including the relative popularity of the standards. The Committee discussed the compromise of proprietary information vehicle, vehicle cost, and the presence likelihood that multi-stage and allocation of test costs may serve as of particular safety equipment or manufacturers face more extensive inhibiting factors in pursuing this technology. Legally, vehicle certification requirements than chassis approach. manufacturers are not required to run manufacturers because a multi-stage NHTSA’s compliance tests in order to manufacturer may produce dozens of C. Prohibition Against Manufacturer- certify compliance with a safety differently configured vehicles on each Oriented Exemptions standard. Rather, they must take chassis make in a particular year, while The issue of exemptions is not whatever engineering, design and an incomplete vehicle manufacturer addressed by part 567 or 568, since that testing steps they deem necessary in generally would have a limited number issue does not involve the allocation of order to make a good faith of chassis models subject to the certification responsibilities. The issue determination of compliance. A standards that are based on vehicle is, however, of critical importance to determination by NHTSA that a performance in a dynamic test.7 final stage manufacturers, since they manufacturer failed to make a good faith will inevitably bear some certification certification in the event of a vehicle 7 According to RVIA, on average, conversion responsibility that is likely to be costly. noncompliance could result in the vehicle manufacturers carry three different chassis The possibility of excluding final makes and market six different van conversion imposition of sizeable civil penalties. packages for each chassis make with some stage manufacturers from the coverage However, any vehicle noncompliance manufacturers reporting they market as many as 38 of certain safety standards in cases in that is not deemed inconsequential to different packages on a particular chassis. which the manufacturer’s production of motor vehicle safety must be remedied Motorhome manufacturers typically carry from two the vehicle in question is limited was to five chassis makes and market motorhomes with free of charge by the manufacturer, multiple lengths and floorplans for each chassis one of the two most contentious issues regardless of the steps taken to make a make. Moreover, many motorhome manufacturers addressed in the negotiated rulemaking good faith certification of compliance. allow the consumer to custom design their process and largely impacted four Thus, in terms of avoiding penalties floorplan. The NTEA cites as an example FMVSS members of the Committee, NHTSA, No. 201U for which there are over 1,200 vehicle based on a lack of good faith configurations in the marketplace today that would NTEA, AMD, and RVIA. The Committee certification, a manufacturer is best be subject to its dynamic testing. directed the aforementioned trade

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associations, along with GM, Ford, and address only those vehicles standard, NHTSA can exclude that DaimlerChrysler, to develop a proposal manufactured by final stage vehicle type from a particular safety that might be acceptable to all parties.8 manufacturers. A thorough discussion standard. For example, convertibles are This group suggested an approach of those potential changes is provided currently excluded from FMVSS No. under which the standards based upon below in section H. 216, Roof crush, because a vehicle the performance of a vehicle in a requires more upper vehicle structure D. Need To Assure Safety of Vehicles dynamic test would not apply to certain than a header and A-pillar to address vehicles produced in two or more stages While NHTSA understands the injuries and fatalities related to roof if the model vehicle in question is difficulty faced by final-stage crush. Applying FMVSS No. 216 to produced in runs of less than 2,500 manufacturers, it must take those these vehicles would have the effect of units per year. NHTSA could not accept measures necessary to protect the safety eliminating convertibles from the the proposal due to the limitations set of the American motoring public. marketplace. Likewise, NHTSA can forth in 49 U.S.C. 30113 (section 30113), Everyday, the general public shares the exclude vehicle types whose which permits NHTSA to provide roads with vehicles manufactured in characteristics are such that there is not temporary exemptions from the need to two or more stages. Accordingly, for a sufficiently demonstrated safety need comply with safety standards under example, the telephone repair truck to regulate that type of vehicle in a certain, statutorily prescribed being driven through residential particular instance. The application of circumstances. Although proponents of neighborhoods should have a braking most of the FMVSSs related to this approach argued that ‘‘safe harbors’’ system that meets FMVSS No. 105, crashworthiness, i.e., the ability to could be incorporated into the Hydraulic and electric brake systems, or protect an occupant in the event of a applicability sections of the standards in FMVSS No. 121, Air brake systems. In crash, is restricted by vehicle weight question, rather than as an exemption addition to being designed to protect the because occupants in heavier vehicles from the coverage of those standards, safety of people in other vehicles, are less likely to die or be seriously the Committee could not reach vehicles manufactured in two or more injured in the event of a crash. agreement on this proposal. In stages should be designed to protect Various final-stage manufacturers particular, NHTSA stated it believed their own occupants. Thus, the over the years have taken the position that any ‘‘safe harbor’’ would essentially motorhome or conversion van being that drivers of certain types of vehicles be an impermissible exemption because used to transport a family on its summer typically manufactured in two or more of the court’s ruling in Nader v. Volpe, vacation should provide an adequate stages have commercial driver’s licenses that NHTSA was not permitted to level of safety. and special training and thus are more An analysis of vehicle crash data provide manufacturer-specific likely to operate a vehicle in a manner conducted by NHTSA at the exemptions beyond the constraints set that justifies the adoption of lesser Committee’s request indicates that forth in 15 U.S.C 1415, the predecessor standards. Assuming arguendo that among the light truck fleet (e.g., light to section 30113.320 F. Supp. 266 (DDC, individuals who possess a commercial trucks, vans and pick-up trucks), December 11, 1970), aff’d 475 F.2d 916, driver’s license and operate a vehicle as vehicles manufactured in two or more DC Cir., January 12, 1973). part of their employment may be better stages produce a risk to safety. NHTSA noted, however, that it able to control a vehicle than Specifically, NHTSA looked at the Fatal believed most, if not all, final stage individuals who do not, many vehicles Analysis Reporting System (FARS) data manufacturers could meet the criteria manufactured in two or more stages are for all light trucks manufactured from specified for granting a temporary driven by individuals with no model year 1994 to 1999 involved in a exemption from specific safety specialized training. This is particularly fatal crash during calendar years 1994 to standards based on financial hardship. true of those vehicles covered by safety 1998. It determined that vehicles built To that end, the agency suggested that requirements for which NHTSA tests in two or more stages comprised it was willing to explore the possibility compliance via destructive vehicle approximately 2.5% of the light truck of amending 49 CFR part 555 (part 555), testing. This type of testing is generally market. It also determined that during the regulation establishing the limited to requirements applicable to that period, vehicles manufactured in vehicles with a GVWR of less than 8,500 circumstances under which it can two or more stages were represented in consider granting a temporary lb, although in some instances the 5.99% of the total number of fatal requirements apply to vehicles with a exemption pursuant to section 30113, so crashes involving light trucks. While as to ease the burden on final stage GVWR of 10,000 lb or less. Very heavy these data indicate that vehicles built in trucks and buses are likely to be manufacturers in a legally permissible two or more stages make up only a small manner. While part 555 closely mirrors operated by professional drivers. portion of the overall vehicle fleet, they However, because of the weight the requirements set forth in section appear to be more than twice as likely 30113, NHTSA was able to identify characteristics of these vehicles, they as their counterparts within the light are already excluded from requirements certain sections in part 555 that could truck fleet to be involved in a fatal be amended or relaxed in order to verified through destructive compliance crash. The crash data indicates that light testing.9 trucks built in two or more stages that 8 The NTEA had previously urged that, for are involved in fatal crashes appear to E. Allocation of Certification vehicles produced in two or more stages, the focus Responsibility of regulation be shifted from certification by present and encounter the same risk of intermediate- and final-stage manufacturers to an injury or fatality presented and Rulemaking cannot resolve every approach based on consortium testing, encountered by other light trucks. issue and concern faced by each dissemination of engineering information and the conducting of a detailed safety study of multi-stage Generally speaking, they appear to be industry and interest represented in the vehicles, and that a determination be made as to neither more nor less safe than their whether there was a need to apply certain safety single stage counterparts. In those 9 The sole arguable exception is the applicability standards to vehicles manufactured in two or more instances in which NHTSA has of FMVSS No. 121; however, the data analysis used stages. NTEA suggested that final stage to support FMVSS No. 121 implicitly took driver manufacturers be relieved of certification determined that a certain vehicle type skill into account since it was based on the responsibility until that time. The Committee did cannot be designed in such a way as to likelihood of these heavier vehicles being involved not embrace this proposal. reasonably meet a specific safety in a crash because of inadequate brakes.

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negotiated rulemaking. Of necessity, activities that it can reasonably foresee operations will affect their some vehicles will always be so unique as affecting compliance of the systems responsibilities. that a final stage manufacturer will only and components incorporated into the be able to place minimal reliance on the incomplete vehicle, while limiting its F. Issues Faced by Alterers of Completed IVD when certifying compliance of the liability for those subsequent, Vehicles completed vehicle. By the same token, unanticipated activities not addressed The issues faced by vehicle alterers, manufacturer representations for some by these reference materials. i.e., businesses modifying certified portions of the IVD may be necessarily The IVD cannot address or foresee vehicles prior to the first sale other than narrow because of the types of vehicle every conceivable condition. To that systems involved. For example, it is extent, the concerns of incomplete for resale, are similar to those faced by unlikely that an incomplete vehicle vehicle manufacturers that they have final stage manufacturers with some manufacturer can make any little control over the actions of significant differences. First, a vehicle representations vis-a`-vis compliance subsequent stage manufacturers are alterer does not bear the same with FMVSS No. 301 if a subsequent valid and are not fully resolved by this certification responsibilities as a final vehicle manufacturer reroutes, or rulemaking. However, in many stage manufacturer. Rather than otherwise changes the fuel system. instances, limitations of an incomplete assuming certification responsibility for Finally, depending on the language vehicle manufacturer’s component and the entire vehicle, an alterer need only incorporated by chassis manufacturers system compliance certification can be ascertain whether its vehicle alterations in their IVDs, it may not be possible for addressed through statements in the IVD are likely to have compromised a a vehicle to be completed from a chassis or incorporated reference materials, vehicle’s compliance with all applicable without the intermediate-stage or final- which may assist subsequent safety standards and then certify stage manufacturer invalidating the manufacturers in making their own compliance only with those standards certification of the incomplete vehicle design engineering and manufacturing that are likely to have been so manufacturer to one or more safety decisions. NHTSA expects subsequent compromised. However, unlike final standards based upon the performance vehicle manufacturers to rely on and act stage manufacturers, alterers do not of a vehicle in a dynamic test. in accordance with this type of have an IVD or any other vehicle Nevertheless, NHTSA believes the documentation in order for the manufacturer representations or proposed rule that was developed incomplete vehicle manufacturer to through the negotiated rulemaking assistance to rely on in making this accept legal responsibility for work limited certification statement. The process goes a long way toward completed in accordance with the improving the clarity of the existing practical effect of this lack of instructions in the IVD. This should documentation is that vehicle alterers requirements, and in allocating reduce the exposure of the incomplete must often rely on the representations of responsibility among various vehicle manufacturers and assist equipment manufacturers when manufacturers, thus furthering the intermediate and final stage modifying vehicles. interests of motor vehicle safety. While manufacturers’ ability to avoid the types the current requirements of part 568 of subsequent engineering and In the case of vehicle equipment require incomplete vehicle manufacturing actions that potentially standards, the equipment will already manufacturers to provide IVDs, the legal lead to non-compliance and safety be certified and in most instances an responsibilities of the incomplete defect situations. However, it is also alterer need only install it as directed to vehicle manufacturers within the IVD important that incomplete vehicle certify compliance. However, many are not clearly allocated and provides manufacturers provide vehicle upfitters changes made in the alteration process little protection for subsequent stage with reasonable conformity envelopes do not affect features or components manufacturers. The revised regulation that permit the completion of common proposes to establish legal responsibility subject to equipment standards. For and foreseeable vehicle example, when replacing a vehicle’s among all vehicle manufacturers, configurations.10 providing subsequent-stage seats with new captain’s chairs, the Each stage manufacturer, from alterer may need to recertify the manufacturers with a level of protection incomplete vehicle manufacturer to vis-a`-vis the manufacturing operations vehicle’s compliance with FMVSS Nos. final stage manufacturer, should accept 202, Head restraints, 207, Seating of previous-stage manufacturers now responsibility for manufacturing systems, 208, Occupant crash provided only by manufacturers of operations directly within its control. protection, 210, Seat belt assembly chassis cabs. Accordingly, under the contemplated While not specifically addressed by anchorages, and 225, Child restraint regulation, allocation of recall the regulatory text, the proposed rule responsibility will be borne by the party anchorage systems. Often the equipment should also improve the lines of with legal responsibility under the manufacturer will conduct certification communication among the various stage various paragraphs of § 567.5. Specific testing for its products, even though not manufacturers, particularly if, as allocations of responsibility should both required to do so by law. Based on this anticipated by the Committee, help to identify problems and to testing, the equipment manufacturer incomplete vehicle manufacturers may provide specific installation provide more detailed information in increase the recognition among manufacturers of how their design, instructions that assist the alterer in the IVD or decide to incorporate body making the vehicle modifications in a builder or other design and engineering engineering and manufacturing way that does not take the vehicle out guidance (reference materials) into the 10 Nothing in today’s proposal prohibits of compliance. In recertifying the IVD by reference to assist the incomplete vehicle manufacturers from developing altered vehicle, the alterer can, in many intermediate- and final-stage conformity envelopes that are so narrow as to manufacturer with compliance. This preclude the allocation of legal responsibility in the instances, rely on this certification information will allow the incomplete event of a noncompliance or defect. However, such testing. However, even if an alterer vehicle manufacturer to communicate a posture would likely be detrimental to the relies on the equipment manufacturer’s manufacturer’s commercial enterprise, since its testing data, that equipment more thoroughly those types of future competitors may rely on body builder guides to engineering and manufacturing provide a more customer-friendly product. manufacturer will not be held

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responsible for a recall in the event of (1) That it has complied with the H. Specifics of the Proposed Rule a vehicle noncompliance.11 specifications set forth in the compliance The Committee contemplated drafting documentation provided by the incomplete 1. 49 CFR Part 555 a requirement that would require vehicle manufacturer in accordance with Under the negotiated proposal, 49 equipment manufacturers to provide regulations prescribed by the Secretary; or CFR part 555 would be amended to certification data for equipment that it (2) That it has elected to assume create a new subpart applicable to manufactured. However, NHTSA stated responsibility for compliance with that alterers and final stage manufacturers that it could not impose such a standard. If the intermediate or final stage who need a temporary exemption from requirement under the existing statutory manufacturer elects to assume responsibility a portion of a safety standard (or set of scheme unless an equipment standard for compliance with the standard covered by safety standards) for which the agency covered the piece of equipment. the documentation provided by an verifies solely through dynamic testing. The Committee then looked at the incomplete motor vehicle manufacturer, the NHTSA’s ability to grant even current requirements applicable to a intermediate or final stage manufacturer shall temporary exemptions to individual vehicle alteration to determine whether notify the incomplete motor vehicle companies is dictated by statute. 49 it could craft a definition of the types of manufacturer in writing within a reasonable U.S.C. 30113. Part 555 largely mirrors modifications creating certification time of affixing the certification label. A those statutory requirements. Thus, obligations that more effectively alerted violation of this subsection shall not be some aspects of the regulation must alterers to their certification subject to a civil penalty under section apply to each manufacturer seeking a responsibilities. Of particular concern 30165. temporary exemption. While the statute were the types of vehicle modifications permits exemptions under four separate that potentially impose a certification Although the legislation does not circumstances, only one of them, an responsibility. The regulation at 49 CFR require NHTSA to issue regulations, the exemption based on financial hardship, 567.7 states that an alteration consists of agency initially considered issuing is applicable to the issues addressed in any modification other than ‘‘the regulations so that the required this rulemaking. Exemptions based on addition, substitution, or removal of information is submitted in a timely and financial hardship cannot be granted to readily attachable components such as consistent manner, and so that NHTSA companies manufacturing more than mirrors or tire and rim assemblies, or could monitor how certification 10,000 vehicles per year, and any minor finishing operations such as responsibilities are being allocated if it exemption cannot apply to more than painting’’ or any modification that were to receive a copy of any paperwork 2,500 vehicles per year. Additionally, changes the vehicle’s stated weight submitted to the incomplete vehicle each manufacturer seeking an rating. Of particular concern was the manufacturer. NHTSA is unaware of exemption must provide a complete meaning of a ‘‘readily attachable any notifications by final stage financial statement, and a complete component.’’ NADA took the lead in manufacturers that they have decided to description of its good faith efforts to drafting an alternative definition that go beyond the terms of compliance comply with the standards for which it contemplated the use of special tools. envelopes. Given NHTSA’s lack of is seeking an exemption. A petition may not be granted for a period of more than However, the Committee was unable to authority to penalize final stage three years, although subsequent agree on what type of tool would be manufacturers who fail to provide considered sufficiently unique to trigger petitions are permitted as long as all the previous stage manufacturers with such the application of a certification original requirements are met. These notifications, it is unlikely that the requirement. In the end, it was agreed general requirements already exist in that the existing definition, incomplete agency would ever receive sufficient part 555, which currently provides an as it is, was as clear as any alternatives. numbers of notifications to justify the exemption process for final stage Nevertheless, the Committee was able burden on final stage manufacturers manufacturers, but not for alterers. to agree that some portions of the who do comply with the law and the In order to allow for more expeditious proposed regulation should be expenditure of agency resources. filing of petitions by final stage applicable to both final stage Accordingly, it has decided against manufacturers and to extend the manufacturers and alterers because of pursuing rulemaking in this area. exemption to alterers, the Committee the similarity of their circumstances. Presently, 49 CFR 567.4(g)(1) requires drafted a subpart B to part 555, which Thus, the proposed generic leadtime that the corporate or individual name of NHTSA is proposing to adopt. The would apply to both types of the actual assembler of the vehicle be subpart is limited to those entities that manufacturers, as would the new part listed on the certification label as the cannot certify compliance due to 555 provisions. vehicle manufacturer. After comments economic hardship. This hardship is based not only on the cost of the vehicle G. Issues Not Addressed in the to the draft committee report were modifications required to certify Negotiated Rulemaking Process received, NHTSA was asked to consider compliance, but also on the actual cost amending that provision either to During the negotiated rulemaking of conducting the testing necessary to process, Congress enacted new specify that the business entity make a good faith determination of legislation, now codified at 49 U.S.C. accepting legal responsibility in the compliance. 30115(b), which states: event of a defect or noncompliance be This subpart provides some listed as the vehicle manufacturer or to In the case of the certification label affixed additional relief not contained in the by an intermediate or final stage require the names of both the vehicle current version of part 555. First, manufacturer of a motor vehicle built in more assembler and the business entity subpart B would allow petitions to be than 1 stage, each intermediate or final stage accepting such legal responsibility be filed by an association (or other party) manufacturer shall certify with respect to listed as the vehicle manufacturer on representing the interests of multiple each applicable Federal motor vehicle safety the certification label. While no changes manufacturers. Although the statutory standard— to this effect have been made in the requirements mandate that each petition proposed regulatory language, NHTSA 11 NHTSA does have the authority to require the would have to specify each equipment manufacturer to conduct a recall based seeks comment on whether such a manufacturer covered by the petition on a safety-related defect. change would be appropriate. and provide information on each

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manufacturer’s size and good faith a label with the IVD if it cannot be NHTSA seeks comment on the efforts to comply with the standard, as placed on the vehicle) that identifies the proposed changes to 49 CFR part 568. well as separate financial statements, incomplete vehicle manufacturer, 4. 49 CFR Part 571 the association could provide the month and year of manufacture, and underlying rationale for the petition. GVWR/GAWR limitations of the Unless otherwise specified in a final Thus, the association could explain why incomplete vehicle and provides the rule adopting or amending a safety the requested temporary exemption vehicle identification number (VIN) of standard, final stage manufacturers and would not unreasonably degrade safety. the vehicle. Likewise, intermediate stage alterers would automatically be granted It could also discuss any factors (e.g., manufacturers would be required to an additional year to meet the new demand for the vehicle configuration, place an information label on the requirements of the standard. The result loss of market, difficulty in procuring incomplete vehicle that identifies the of current manufacturing practices is goods and services necessary to conduct intermediate stage manufacturer, month that final stage manufacturers often are dynamic tests) that NHTSA should and year their last work was performed not provided with information on consider in deciding whether to grant on the vehicle, and GVWR/GAWR chassis from incomplete vehicle the application and explain why the limitations, if different from that manufacturers necessary to certify their dynamic crash test requirements of the provided by the incomplete vehicle vehicles until shortly before and in standard(s) in question would cause manufacturer. The final stage some cases even after the effective date substantial economic hardship to each manufacturer would place a of the standard in question. This same of the manufacturers on whose behalf certification label on the vehicle that problem arises when the chassis is the application is filed. Indicia of a good either specifies whether it has stayed substantively changed as the result of a faith attempt to comply with the within the confines of the incomplete model year changeover. The situation standards would include the extent to vehicle manufacturer’s instructions or with alterers is slightly different. In that which the previous stage manufacturers simply makes a statement of conformity. instance, the alterer already has a have made either no, or only a limited, In addition, this section of the draft certified vehicle. Giving alterers an certification representation with respect regulation assigns legal responsibility additional year allows the alterer to take to such standard is available in the for each stage of vehicle manufacture a certified vehicle out of compliance, an incomplete vehicle document from the with respect to systems and components action typically viewed with disfavor by incomplete vehicle manufacturer or applied on the vehicle, work performed, NHTSA. However, the problems faced from a prior intermediate-stage and accuracy of the information by final stage manufacturers are also applicable to alterers. If a vehicle manufacturer or why it cannot be contained in the IVD and addendums to manufacturer waits until the last followed, and the existence or lack the IVD.12 thereof of generic or cooperative testing possible moment to certify vehicles, NHTSA seeks comment on the that would provide a basis for alterers will not have the ability to do proposed changes to 49 CFR part 567. demonstrating compliance with the any engineering analysis to determine if standard(s). Unlike petitions currently 3. 49 CFR Part 568 the alterations affect compliance. submitted pursuant to part 555, In the instance of phased-in manufacturers would not have to Part 568 would be modified to requirements, the additional year would commit to attempting to achieve full acknowledge that an incomplete vehicle be applied at the end of the phase-in. compliance by the expiration of the manufacturer may incorporate by This leadtime is appropriate because exemption. Additionally, under subpart reference body builder or other design incomplete vehicle manufacturers often B, the agency would commit to and engineering guidance into the IVD. complete their certification testing just informing an applicant within 30 days These guides may be substantially more before start of production for a new whether the application is complete. It comprehensive than an IVD and can model year. In the case of new would attempt to grant or deny the provide the final stage manufacturer requirements that are phased-in, the petition within 120 days of its with greater information regarding what incomplete vehicle manufacturer may acknowledgement that the application is type of work can be performed without wait until the end of the phase-in to complete. exceeding the certification envelopes. conduct certification testing or analysis NHTSA seeks comment on the NHTSA anticipates that design and for incomplete vehicles. This is because, proposed changes to 49 CFR part 555. engineering guides, if included, would for many manufacturers, the incomplete generally provide instructions on vehicle fleet is only a small proportion 2. 49 CFR Part 567 certain aspects of further manufacturing of its overall production. The proposed changes to part 567 are which will assist the multi-stage In some instances, NHTSA may largely limited to § 567.5, the section manufacturers to pass-through the determine that more than an additional specifically addressing certification of conformity statements from the year’s leadtime is needed, given the vehicles built in two or more stages. incomplete vehicle manufacturers. The complexity or other demands of the new However, § 567.3 would also be incorporation of these guides by or amended standard. In other cases, amended to include many of the reference into the IVD should not have NHTSA may decide that additional definitions currently in part 568 and to the effect of unreasonably limiting the leadtime is not needed because the new add terms that are currently undefined. circumstances in which it will be or amended safety standard merely Likewise, the examples of information possible to pass-through the conformity adopts requirements that are already listed on information labels have been statements of the incomplete vehicle standard industry practice. The agency updated to reflect current requirements. manufacturer. could also determine that the safety The proposed changes to § 567.5 are problem is so significant that additional extensive. First, the distinction between 12 International had suggested adding a leadtime would result in an chassis cabs and other incomplete subsection that would allocate responsibility to unacceptable rate of injury or death. vehicles would be eliminated. Under later-stage manufacturers for post-incomplete Finally, Congress may direct NHTSA to vehicle manufacturer modifications or additions the draft regulation, manufacturers of that adversely affected compliance certified by the require compliance with new incomplete vehicles would place an incomplete vehicle manufacturer in its IVD. NTEA requirements by a specified date. In information label on the vehicle (or ship objected to the suggestion, and it was not included. those instances in which Congress

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limits the agency’s discretion to provide 5. 49 CFR Part 573 concerns of the Committee. It suggested an additional leadtime, all Under § 567.5, each manufacturer that the specific allocation of legal manufacturers and alterers would be would be required to provide a previous responsibility in § 567.5 be repeated in required to meet the compliance date set stage manufacturer with any customer § 573.5. Thus, § 573.5(c) would read as forth in the standard. information needed for the previous follows: NHTSA recognizes NMEDA’s concern stage manufacturer to conduct a recall (1) For vehicles manufactured in two or that vehicle modifiers, i.e., businesses campaign. Section 573.5 addresses those more stages, the incomplete vehicle that modify vehicles after first sale other instances in which there is a manufacturer shall be responsible for any than for resale, face the same problems determination by either the noncompliance or safety-related defect in (i) components and systems it supplies on the as vehicle alterers. However, it is not manufacturers or NHTSA that the proposing to provide modifiers with an incomplete vehicle or (ii) components and vehicle, or its original equipment has a systems incorporated into the completed additional year to make modifications safety-related defect or noncompliance vehicle by an intermediate or final-stage without violating the make inoperative and the parties dispute their manufacturer, if the vehicle is completed in provisions of 49 U.S.C. 30122. Such a accountability for the recall. This may accordance with the instructions contained change would not be made in the occur because the parties disagree in the IVD package required by Part 568.4, context of amending part 571, because whether the representations made by except for manufacturing or design defects in vehicle modifiers bear no certification the various-stage manufacturers components and systems incorporated by the intermediate or final-stage manufacturer into responsibility. In general, NHTSA looks pursuant to § 567.5 are legitimate based with disfavor on vehicle modifications the completed vehicle, and except for on the work performed on the vehicle noncompliances or defects introduced as a made after first sale of a vehicle for and the nature of the defect or non- result of the workmanship of the purposes other than retail. We believe compliance or where the parties and intermediate or final-stage manufacturer. that those businesses engaging in NHTSA cannot determine the root cause (2) For vehicles manufactured in two or operations that may invalidate of the defect or noncompliance. In such more stages, any intermediate manufacturer compliance certification should be held an instance, NHTSA would be able to shall be responsible for any noncompliance responsible for recertifying the vehicle. allocate recall responsibility to the party or safety-related defect resulting from The agency is aware of instances in manufacturing or design defects in it believes is best able to conduct the components or systems incorporated into the which vehicle alterers have attempted to recall. Although there should be very avoid certification responsibility by completed vehicle by that intermediate few instances in which there is a manufacturer, or any noncompliance or waiting until a customer has taken dispute as to which manufacturer safety-related defect introduced by possession of a vehicle to make changes should conduct a recall campaign, workmanship of that intermediate that would take the vehicle out of NHTSA believes it is critical that any manufacturer. compliance with one or more safety campaign not be delayed while the (3) For vehicles manufactured in two or standards. While a vehicle modifier that various manufacturers attempt to assess more stages, the final-stage manufacturer knowingly makes a piece of mandatory shall be responsible for any noncompliance liability. NHTSA’s determination would or safety-related defect resulting from safety equipment inoperative may be be limited to recall responsibilities and subject to fines, it cannot be compelled manufacturing or design defects in would not serve to impose fault or components or systems incorporated into the to conduct a recall campaign for its ultimate responsibility for the economic completed vehicle by that final-stage work. Additionally, only new vehicles burden on the party ordered to conduct manufacturer, or any noncompliance or will have the new mandatory safety the recall. safety-related defect introduced by the equipment. With the exception of This proposal was the subject of workmanship of that final-stage vehicles modified for persons with vociferous objection by many of the manufacturer. disabilities, there is no reason to make incomplete vehicle manufacturers on As noted by DaimlerChrysler, this changes to a vehicle after its first sale for the Committee. The primary concern language does not provide a dispute purposes other than resale that are so was that NHTSA’s determination as to resolution mechanism. Nor does it substantial as to take the vehicle out of who was in the best position to conduct assure that in the event of a dispute that compliance with an applicable safety the recall would be nonreviewable. is not easily resolvable, a recall standard. Under the proposed These manufacturers noted that recall campaign is conducted in a timely regulation, the incentive to circumvent determinations with which a manner. Historically, NHTSA has certification responsibilities is lessened. manufacturer disagrees are fully maintained that while any stage For vehicles that are modified for reviewable. NHTSA agrees with this manufacturer may assume responsibility persons with disabilities, NHTSA has assessment. As explained in the draft for a recall campaign, the final stage already adopted a statutory scheme that committee report, the determination manufacturer is responsible for any accommodates the needs of modifiers that there was a noncompliance or campaign that a previous stage addressing the disability community. If safety related defect would be subject to manufacturer has not agreed to conduct. needed, 49 CFR part 595, subpart C, the exact same restrictions and The nonreviewablity provision was Vehicle Modifications To Accommodate circumstances as they are presently. suggested in response to concerns by People With Disabilities, can be Likewise, any determination that a final stage manufacturers that they modified to reflect the making of a specific party was responsible for a would bear the brunt of recall allocation substantive change to a safety standard noncompliance or defect would be fully when they may be in the worst position if the agency determines that such relief reviewable. Manufacturers appear to be to shoulder the costs associated with a is appropriate. NHTSA continues to concerned that the proposed language recall for which they may not, urge NMEDA and its members to would make NHTSA the ‘‘referee’’ in ultimately, be responsible. participate actively in NHTSA commercial disputes among multiple This is a difficult issue for the agency. rulemakings so that it can identify stage manufacturers, and would create On the one hand, we agree that final whether changes to part 595 may be numerous substantive and procedural stage manufacturers often may not have needed. difficulties that were not needed. the resources to conduct a recall for NHTSA seeks comment on the DaimlerChrysler offered alternative which it is not responsible. Even though proposed changes to 49 CFR part 568. language that it believes addresses the they may be successful in a future

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action to obtain reimbursement for their American public since it merely likely to result in the expenditure by expenses should there be a clarifies legal responsibilities related to State, local or tribal governments, in the determination that a previous stage the certification of vehicles built in two aggregate, or by the private sector, of manufacturer was responsible for the or more stages. To the extent incomplete more than $100 million annually workmanship, design or components vehicle manufacturers accept legal (adjusted for inflation with base year of resulting in a noncompliance or safety- responsibility for their vehicles, they 1995). The final rule, if issued, would related defect, it may be too late for a may incur some additional certification not require the expenditure of resources small company if the cost of the recall costs. Likewise, they would incur above and beyond $100 million places the company in a financially additional costs in the event of a recall annually. difficult position. On the other hand, resulting from their statements on the F. Executive Order 12778 (Civil Justice allocating recall responsibility to a information label or in the IVD. As a Reform) specific party in the event of a dispute practical matter, most incomplete as to legal responsibility allows NHTSA vehicle manufacturers have been willing The proposed rule would not have to achieve the result it believes is to pay for recalls associated with work any retroactive effect. Under 49 U.S.C. essential to its mission: getting performed by the incomplete vehicle 30103, whenever a Federal motor noncompliant and defective equipment manufacturer or within the scope of vehicle safety standard is in effect, a or systems repaired as soon as possible their representations in the IVD even state may not adopt or maintain a safety so as to reduce the likelihood of motor though there has been no express legal standard applicable to the same aspect vehicle-related death or injury. requirement that they do so. of performance which is not identical to NHTSA has concerns that a provision the Federal standard, except to the B. Regulatory Flexibility Act on nonreviewability may ultimately be extent that the state requirement determined impermissible. In general, We have considered the effects of this imposes a higher level of performance courts favor review of final agency rulemaking action under the Regulatory and applies only to vehicles procured actions, even when a statute states an Flexibility Act (5 U.S.C. 601 et seq.). for the State’s use. 49 U.S.C. 30161 sets action is not reviewable. Thus, NHTSA This action would not have a significant forth a procedure for judicial review of believes this provision would only economic impact on a substantial final rules establishing, amending or withstand judicial review if a court number of small businesses even though revoking Federal motor vehicle safety determined that NHTSA’s decision as to a significant number of final stage standards. That section does not require who must conduct the recall is not a manufacturers and alterers are small submission of a petition for final agency action under the businesses. This rule would not have a reconsideration or other administrative Administrative Procedure Act, and significant economic impact on these proceedings before parties may file suit therefore not ripe for review. entities because it merely clarifies their in court. We have decided to propose revisions legal responsibilities related to the G. Paperwork Reduction Act to 573.5 as drafted in the draft certification of vehicle built in two or committee report because we committed more stages. Under the Paperwork Reduction Act of 1995, a person is not required to to proposing a regulation that mirrored C. National Environmental Policy Act that report in the absence of committee respond to a collection of information consensus. However, given our concerns NHTSA has analyzed this proposed by a Federal agency unless the about the likelihood that the amendment for the purposes of the collection displays a valid OMB control nonreviewability provision could National Environmental Policy Act and number. This proposal contains a withstand judicial scrutiny, we ask determined that it would not have any collection of information because it commenters to provide arguments and significant impact on the quality of the expands the number of information analysis as to which manufacturer human environment. labels required beyond manufacturers of chassis cabs. There is no burden to the should be deemed responsible for a D. Executive Order 13132 (Federalism) recall campaign in the event that general public. The agency has analyzed this This document includes the following NHTSA and the various-stage vehicle rulemaking in accordance with the ‘‘collections of information,’’ as that manufacturers could not determine in a principles and criteria contained in term is defined in 5 CFR part 1320, timely manner which party should bear Executive Order 13132 and has Controlling Paperwork Burdens on the responsibility for the recall. determined that it does not have Public: V. Rulemaking Analyses and Notices sufficient federalism implications to Today’s document includes a warrant consultation with State and proposal for information labels similar A. Executive Order 12866 and DOT local officials or the preparation of a to a certification label for incomplete Regulatory Policies and Procedures federalism summary impact statement. vehicles that are not chassis cabs. At NHTSA has considered the impact of The final rule, if issued, would have no present, OMB has approved NHTSA’s this rulemaking action under Executive substantial effects on the States, or on collection of labeling requirements Order 12866 and the Department of the current Federal-State relationship, under OMB clearance no. 2127–0512, Transportation’s regulatory policies and or on the current distribution of power Consolidated Labeling Requirements for procedures. This rulemaking is not and responsibilities among the various Motor Vehicles (Except the Vehicle significant. Accordingly, the Office of local officials. The final rule, if issued, Identification Number). This clearance Management and Budget has not is not intended to preempt State tort will expire on 11/30/2004, and is reviewed this rulemaking document civil actions. cleared for 72,959 burden hours on the under E.O. 12866, ‘‘Regulatory Planning public. and Review.’’ The rulemaking action E. Unfunded Mandates Reform Act For the following reasons, NHTSA has also been determined to be The Unfunded Mandates Reform Act estimates that the new information nonsignificant under the Department’s of 1995 requires agencies to prepare a labels would have a minimal net regulatory policies and procedures. This written assessment of the costs, benefits increase in the information collection rule should not impose any additional and other effects of proposed or final burden on the public. There are costs on regulated parties or on the rules that include a Federal mandate approximately 40 incomplete motor

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vehicle manufacturers that will be NHTSA’s vehicle safety authority) or How Do I Submit Confidential Business affected this label proposal, and the otherwise impractical. In meeting that Information? labels will be placed on approximately requirement, we are required to consult If you wish to submit any information 556,000 vehicles per year. The label will with voluntary, private sector, under a claim of confidentiality, you be placed on each vehicle once. Since, consensus standards bodies. Examples should submit three copies of your in this SNPRM, NHTSA specifies the of organizations generally regarded as complete submission, including the exact content of the labels, the voluntary consensus standards bodies information you claim to be confidential manufacturers will spend 0 hours include the American Society for business information, to the Chief developing the labels. NHTSA estimates Testing and Materials (ASTM), the Counsel, NHTSA, at the address given the technical burden time (time required Society of Automotive Engineers (SAE), above under FOR FURTHER INFORMATION for affixing labels) to be .0002 hours per and the American National Standards CONTACT. In addition, you should label. NHTSA estimates that the total Institute (ANSI). If NHTSA does not use submit two copies, from which you annual burden imposed on the public as available and potentially applicable have deleted the claimed confidential a result of the incomplete vehicle voluntary consensus standards, we are business information, to Docket manufacturer labels will be 112 hours required by the Act to provide Congress, Management at the address given above (556,600 vehicles multiplied by .0002 through OMB, with an explanation of under ADDRESSES. When you send a hours per label). Canada already the reasons for not using such requires labels of the type contemplated comment containing information standards. This rulemaking only claimed to be confidential business in today’s notice on incomplete vehicles addresses the allocation of legal manufactured for the Canadian market, information, you should include a cover responsibilities among regulated parties. letter setting forth the information and the larger incomplete vehicle As such, the issues involved here are manufacturers manufacturers already specified in our confidential business not amenable to the development of information regulation. (49 CFR part install this label on a voluntary basis for voluntary standards. vehicles sold in the United States. 512.) Organizations and individuals that J. Comments Will the Agency Consider Late wish to submit comments on the How Do I Prepare and Submit Comments? information collection requirements Comments? should direct them to the Office of We will consider all comments that Information and Regulatory Affairs, Your comments must be written and Docket Management receives before the OMB, Room 10235, New Executive in English. To ensure that your close of business on the comment Office Building, Washington, DC 20503; comments are correctly filed in the closing date indicated above under Attention Desk Officer for NHTSA. Docket, please include the docket DATES. To the extent possible, we will number of this document in your also consider comments that Docket H. Executive Order 13045 comments. Management receives after that date. If Executive Order 13045 applies to any Your comments must not be more Docket Management receives a comment rule that: (1) Is determined to be than 15 pages long. (49 CFR 553.21.) We too late for us to consider it in ‘‘economically significant’’ as defined established this limit to encourage you developing a final rule (assuming that under E.O. 12866, and (2) concerns an to write your primary comments in a one is issued), we will consider that environmental, health or safety risk that concise fashion. However, you may comment as an informal suggestion for NHTSA has reason to believe may have attach necessary additional documents future rulemaking action. a disproportionate effect on children. If to your comments. There is no limit on How Can I Read the Comments the regulatory action meets both criteria, the length of the attachments. Submitted by Other People? we must evaluate the environmental Please submit two copies of your health or safety effects of the planned comments, including the attachments, You may read the comments received rule on children, and explain why the to Docket Management at the address by Docket Management at the address planned regulation is preferable to other given under ADDRESSES. given above under ADDRESSES. The potentially effective and reasonably Anyone is able to search the hours of the Docket are indicated above feasible alternatives considered by us. electronic form of all comments in the same location. This rulemaking is not economically received into any of our dockets by the You may also see the comments on significant. name of the individual submitting the the Internet. To read comments on the Internet, take the following steps: I. National Technology Transfer and comment (or signing the comment, if 1. Go to the Docket Management Advancement Act submitted on behalf of an association, business, labor union, etc.). You may System (DMS) Web page of the Section 12(d) of the National review DOT’s complete Privacy Act Department of Transportation (http:// Technology Transfer and Advancement Statement in the Federal Register dms.dot.gov/). Act (NTTAA) requires NHTSA to published on April 11, 2000 (65 FR 2. On that page, click on ‘‘simple evaluate and use existing voluntary 19477) or you may visit http:// search.’’ 13 consensus standards in its regulatory dms.dot.gov to review the statement. 3. On the next page, type in the activities unless doing so would be docket number shown at the beginning inconsistent with applicable law (e.g., How Can I Be Sure That My Comments of this document. There is no need to the statutory provisions regarding Were Received? type in the name of the agency or the If you wish Docket Management to year that the docket was opened. For 13 Voluntary consensus standards are technical notify you upon its receipt of your example, if the docket number is standards developed or adopted by voluntary consensus standards bodies. Technical standards comments, enclose a self-addressed, ‘‘NHTSA–03–123545,’’ you would type are defined by the NTTAA as ‘‘performance-based stamped postcard in the envelope in ‘‘12345’’. After typing the docket or design-specific technical specifications and containing your comments. Upon number, click on ‘‘search.’’ related management systems practices.’’ They pertain to ‘‘products and processes, such as size, receiving your comments, Docket 4. On the next page, which contains strength, or technical performance of a product, Management will return the postcard by docket summary information for the process or material.’’ mail. docket you selected, click on the desired

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comments. You may download the 555.11 Application. vehicle configurations) for which the comments. 555.12 Petition for exemption. exemption is sought; Please note that even after the 555.13 Basis for petition. (f) State the estimated number of units comment closing date, we will continue 555.14 Processing of petitions. of each vehicle configuration to be to file relevant information in the 555.15 Time period for exemptions. 555.16 Renewal of exemptions. produced annually by each of the Docket as it becomes available. Further, 555.17 Termination of temporary manufacturer(s) for whom the some people may submit late comments. exemptions. exemption is sought; Accordingly, we recommend that you 555.18 Temporary exemption labels. (g) Specify any part of the information periodically check the Docket for new and data submitted which the petitioner material. Subpart B—Altered Vehicles and requests be withheld from public Vehicles Built in Two or More Stages disclosure in accordance with part 512 K. Plain Language of this chapter. Executive Order 12866 requires each § 555.11 Application. agency to write all rules in plain This subpart applies to alterers and § 555.13 Basis for petition. language. Today’s proposal has been manufacturers of motor vehicles built in The petition shall: written with that directive in mind. We two or more stages to which one or more (a) Discuss any factors (e.g., demand note that some of the requirements standards are applicable. No for the vehicle configuration, loss of proposed today are technical in nature. manufacturer or alterer that produces or market, difficulty in procuring goods As such, they may require some alters more than 10,000 motor vehicles and services necessary to conduct understanding of technical terminology. annually shall be eligible for a dynamic tests) that the applicant desires We expect those parties directly affected temporary exemption under this NHTSA to consider in deciding whether by today’s rule, i.e., vehicle subpart. Any exemption granted under to grant the application. manufacturers, to be familiar with such this subpart shall be limited, per (b) Explain the grounds on which the terminology. manufacturer, to 2,500 vehicles to be applicant asserts that the application of sold in the United States in any 12 the dynamic crash test requirements of L. Regulation Identifier Number (RIN) consecutive month period. Nothing in the standard(s) in question to the The Department of Transportation this subpart prohibits an alterer, vehicles covered by the application assigns a regulation identifier number intermediate, or final stage would cause substantial economic (RIN) to each regulatory action listed in manufacturer from applying for a hardship to each of the manufacturers the Unified Agenda of Federal temporary exemption under subpart A on whose behalf the application is filed, Regulations. The Regulatory Information of this part. providing a complete financial Service Center publishes the Unified statement for each manufacturer and a Agenda in April and October of each § 555.12 Petition for exemption. complete description of each year. You may use the RIN contained in An alterer, intermediate or final stage manufacturer’s good faith efforts to the heading at the beginning of this manufacturer, or industry trade comply with the standards, including a document to find this action in the association representing a group of discussion of: Unified Agenda. alterers, intermediate and/or final-stage (1) The extent that no Type (1) or manufacturers may seek, as to any Type (2) statement with respect to such List of Subjects in 49 CFR Parts 555, vehicle configuration built in two or standard is available in the incomplete 567, 568, 571, and 573 more stages, a temporary exemption or vehicle document from the incomplete Imports, Motor vehicle safety, a renewal of a temporary exemption vehicle manufacturer or from a prior Reporting and recordkeeping from the provisions of any portion of a intermediate-stage manufacturer or why, requirements, Tires. Federal motor vehicle safety standard. if one is available, it cannot be followed, In consideration of the foregoing, Each petition for an exemption under and NHTSA proposes to amend 49 CFR this section must be submitted to (2) The existence, or lack thereof, of chapter V as follows: NHTSA and must: generic or cooperative testing that (a) Be written in the English language; would provide a basis for demonstrating PART 555—TEMPORARY EXEMPTION (b) Be submitted in three copies to: compliance with the standard(s); FROM MOTOR VEHICLE SAFETY AND (c) Explain why the requested BUMPER STANDARDS Administrator, National Highway Traffic Safety Administration, 400 temporary exemption would not 1. The authority citation for part 555 Seventh St., SW., Washington, DC unreasonably degrade safety. of title 49 would continue to read as 20590; § 555.14 Processing of petitions. follows: (c) State the full name and address of The Administrator shall notify the Authority: 49 U.S.C. 30113, 32502, Pub. L. the applicant, the nature of its petitioner whether the petition is 105–277; delegation of authority at 49 CFR organization (e.g., individual, complete within 30 days of receipt. The 1.50. partnership, corporation, or trade Administrator shall attempt to approve 2. Part 555 would be amended by association), the name of the State or or deny any complete petition designating §§ 555.1 through 555.10 as country under the laws of which it is submitted under this subpart within 120 subpart A and by adding a heading to organized, and the name of each alterer, days after the agency acknowledges that read as follows: or intermediate and/or final stage the application is complete. Upon good manufacturer for which the exemption cause shown, the Administrator may Subpart A—General is sought; review a petition on an expedited basis. (d) State the number, title, paragraph 3. Subpart B would be added to read designation, and the text or substance of § 555.15 Time period for exemptions. as follows: the portion(s) of the standard(s) from Subject to § 555.16 of this subpart, Subpart B—Altered Vehicles and Vehicles which the exemption is sought; each temporary exemption granted by Built in Two or More Stages (e) Describe by type and use each the Administrator under this subpart Sec. vehicle configuration (or range of shall be in effect for a period of three

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years from the effective date. The requirements for, the certification label needs further manufacturing operations Administrator shall identify each or tag to be affixed to motor vehicles as performed on it to become a completed exemption by a unique number. required by section 30115 of the Motor vehicle. Vehicle Safety Act (49 U.S.C. 30115) Incomplete vehicle means § 555.16 Renewal of exemptions. (the Vehicle Safety Act) and by sections (1) An assemblage consisting, at a An alterer, intermediate or final-stage 105(c)(1) and 606(c) of the Motor minimum, of frame and chassis manufacturer or a trade association Vehicle Information and Cost Savings structure, power train, steering system, representing a group of alterers or, Act (49 U.S.C. 32504 and 33109) (the suspension system, and braking system, intermediate and/or final-stage Cost Savings Act), and to provide the in the state that those systems are to be manufacturers may apply for a renewal consumer with information to assist him part of the completed vehicle, but of a temporary exemption. Any such or her in determining which of the requires further manufacturing renewal petition shall be filed at least 60 Federal Motor Vehicle Safety Standards operations to become a completed days prior to the termination date of the (part 571 of this chapter) and Federal vehicle, or existing exemption and shall include all Theft Prevention Standards (part 541 of (2) An incomplete trailer. the information required in an initial this chapter) are applicable to the Incomplete Vehicle Document or IVD petition. If a petition for renewal of a vehicle. means the document described in 49 temporary exemption that meets the CFR 568.4(a). requirements of this subpart has been § 567.2 Application. Incomplete vehicle manufacturer filed not later than 60 days before the (a) This part applies to manufacturers means a person who manufacturers an termination date of an exemption, the and alterers of motor vehicles to which incomplete vehicle by assembling exemption does not terminate until the one or more standards are applicable. components none of which, taken Administrator grants or denies the (b) In the case of imported motor separately, constitute an incomplete petition for renewal. vehicles that do not have the label or tag vehicle. required by 49 CFR 567.4, Registered Intermediate manufacturer means a § 555.17 Termination of temporary Importers of vehicles admitted into the person, other than the incomplete exemptions. United States under 49 U.S.C. 31041– vehicle manufacturer or the final-stage The Administrator may terminate or 30147 and 49 U.S.C. 591 must affix a manufacturer, who performs modify a temporary exemption if he label or tag as required by 49 CFR 567.4 manufacturing operations on an determines that: after the vehicle has been brought into incomplete vehicle. (a) The temporary exemption was conformity with the applicable Safety, Readily Attachable Component means granted on the basis of false, fraudulent, Bumper and Theft Prevention non-original equipment components or misleading representations or Standards. and/or assemblies that can be installed information; or without special tools or expertise and (b) The temporary exemption is no § 567.3 Definitions. are substantially similar in design, longer consistent with the public All terms that are defined in the Act method of attachment and safety interest and the objectives of the Act. and the rules and standards issued performance to similar motor vehicle § 555.18 Temporary exemption labels. under its authority are used as defined equipment offered and/or validated by An alterer or final-stage manufacturer therein. The term ‘‘bumper’’ has the the motor vehicle manufacturer for the of a vehicle that is covered by one or meaning assigned to it in title I of the specific model or vehicle platform on more exemptions issued under this Cost Savings Act and the rules and which it is being installed in subpart shall affix a label that meets standards issued under its authority. conformance with the equipment meet all the requirements of 49 CFR Addendum means the document manufacturer’s instructions. 555.9. described in § 568.5 (a) of this chapter. Vehicle Alterer means a person who Altered vehicle means a completed * * * * * modifies a completed vehicle so that it vehicle previously certified in becomes an altered vehicle. PART 567—CERTIFICATION accordance with § 567.4 or § 567.5 that has been modified other than by the use § 567.4 Requirements for manufacturers of 4. Part 567 would be revised to read of readily attachable components, or by motor vehicles. as follows: minor finishing operations such as (a) Each manufacturer of motor painting, before the first purchase of the vehicles (except vehicles manufactured PART 567—CERTIFICATION vehicle other than for resale, in such a in two or more stages) shall affix to each Sec. manner as may affect the conformity of vehicle a label, of the type and in the 567.1 Purpose. the vehicle with one or more Federal manner described below, containing the 567.2 Application. Motor Vehicle Safety Standard(s) or the statements specified in paragraph (g) of 567.3 Definitions. validity of the vehicle’s stated weight this section. 567.4 Requirements for manufacturers of ratings. (b) The label shall be riveted or motor vehicles. Completed vehicle means a vehicle permanently affixed in such a manner 567.5 Requirements for manufacturers of that requires no further manufacturing that it cannot be removed without vehicles manufactured in two or more operations to perform its intended destroying or defacing it. stages. (c) Except for trailers and 567.6 Requirements for persons who alter function. certified vehicles. Final-stage manufacturer means a motorcycles, the label shall be affixed to person who performs such either the hinge pillar, door-latch post, Authority: 49 U.S.C. 322, 30111, 30115, manufacturing operations on an or the door edge that meets the door- 30117, 30166, 32502, 32504, 33101–33104, 33108, and 33109; delegation of authority at incomplete vehicle that it becomes a latch post, next to the driver’s seating 49 CFR 1.50. completed vehicle. position, or if none of these locations is Incomplete trailer means a vehicle practicable, to the left side of the § 567.1 Purpose. that is capable of being drawn and that instrument panel. If that location is also The purpose of this part is to specify consists, at a minimum, of a chassis not practicable, the label shall be affixed the content and location of, and other structure and suspension system but to the inward-facing surface of the door

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next to the driver’s seating position. If (iii) If a trailer is sold by a person who with a GVWR of over 6,000 pounds, the none of the preceding locations is is not its manufacturer, but who is statement: ‘‘This vehicle conforms to all practicable, notification of that fact, engaged in the manufacture of trailers applicable Federal motor vehicle safety together with drawings or photographs and assumes legal responsibility for all standards in effect on the date of showing a suggested alternate location duties and liabilities imposed by the Act manufacture shown above.’’ The in the same general area, shall be with respect to that trailer, the name of expression ‘‘U.S.’’ or ‘‘U.S.A.’’ may be submitted for approval to the that person may appear on the label as inserted before the word ‘‘Federal’’. Administrator, National Highway the manufacturer. In such a case the (5) Vehicle identification number. Traffic Safety Administration, name shall be preceded by the words (6) The type classification of the Washington, DC 20590. The location of ‘‘Responsible Manufacturer’’ or ‘‘Resp vehicle as defined in § 571.3 of this the label shall be such that it is easily Mfr.’’ chapter (e.g., truck, MPV, bus, trailer). readable without moving any part of the (2) Month and year of manufacture: (h) Multiple GVWR–GAWR ratings. vehicle except an outer door. This shall be the time during which (1) (For passenger cars only) In cases (d) The label for trailers shall be work was completed at the place of in which different tire sizes are offered affixed to a location on the forward half main assembly of the vehicle. It may be as a customer option, a manufacturer of the left side, such that it is easily spelled out, as ‘‘June 2000’’, or may at its option list more than one set readable from outside the vehicle expressed in numerals, as ‘‘6/00’’. of values for GVWR and GAWR, in without moving any part of the vehicle. (3) ‘‘Gross Vehicle Weight Rating’’ or response to the requirements of (e) The label for motorcycles shall be ‘‘GVWR’’ followed by the appropriate paragraphs (g) (3) and (4) of this section. affixed to a permanent member of the value in pounds, which shall not be less If the label shows more than one set of than the sum of the unloaded vehicle weight rating values, each value shall be vehicle as close as is practicable to the _ intersection of the steering post with the weight, rated cargo load, and 150 followed by the phrase ‘‘with tires,’’ handle bars, in a location such that it is pounds times the number of the inserting the proper tire size easily readable without moving any part vehicle’s designated seating positions. designations. A manufacturer may, at its of the vehicle except the steering However, for school buses the minimum option, list one or more tire sizes where system. occupant weight allowance shall be 120 only one set of weight ratings is pounds per passenger and 150 pounds (f) The lettering on the label shall be provided. for the driver. Example: Passenger Car. of a color that contrasts with the (4) ‘‘Gross Axle Weight Rating’’ or background of the label. GVWR: 4400 LB with P195/65R–15 Tires, ‘‘GAWR,’’ followed by the appropriate (g) The label shall contain the 4800 LB with P205/75R–15 Tires. value in pounds, for each axle, GAWR: Front-2000 LB with P195/65R–15 following statements, in the English identified in order from front to rear Tires at 24 psi, 2200 LB with P205/75R–15 language, lettered in block capitals and (e.g., front, first intermediate, second Tires at 24 psi. Rear-2400 LB with P195/65R– numerals not less than three thirty- intermediate, rear). The ratings for any 15 Tires at 28 psi, 2600 LB with P205/75R– seconds of an inch high, in the order consecutive axles having identical gross 15 Tires at 28 psi. shown: axle weight ratings when equipped with (2) (For multipurpose passenger (1) Name of manufacturer: Except as tires having the same tire size vehicles, trucks, buses, trailers, and provided in paragraphs (g)(1)(i), (ii) and designation may, at the option of the motorcycles) The manufacturer may, at (iii) of this section, the full corporate or manufacturer, be stated as a single its option, list more than one GVWR– individual name of the actual assembler value, with the label indicating to which GAWR-tire-rim combination on the of the vehicle shall be spelled out, axles the ratings apply. label, as long as the listing contains the except that such abbreviations as ‘‘Co.’’ Examples of combined ratings: tire-rim combination installed as or ‘‘Inc.’’ and their foreign equivalents, original equipment on the vehicle by the and the first and middle initials of GAWR: (a) All axles—4080 with LT265/75R–16D manufacturer and conforms in content individuals, may be used. The name of tires. and format to the requirements for tire- the manufacturer shall be preceded by (b) Front—12,000 with LT245/75R–20G rim-inflation information set forth in the words ‘‘Manufactured By’’ or ‘‘Mfd tires. Standard Nos. 110, 121, 129 and 139 of By’’. In the case of imported vehicles to First intermediate to rear—15,000 with this chapter (§§ 571.110, 571.121, LT215/85R–20H tires. which the label required by this section 571.129 and 571.139). is affixed by the Registered Importer, the (i) For passenger cars, the statement: (3) At the option of the manufacturer, name of the Registered Importer shall ‘‘This vehicle conforms to all applicable additional GVWR–GAWR ratings for also be placed on the label in the Federal motor vehicle safety, bumper, operation of the vehicle at reduced manner described in this paragraph, and theft prevention standards in effect speeds may be listed at the bottom of directly below the name of the final on the date of manufacture shown the certification label following any assembler. above.’’ The expression ‘‘U.S.’’ or information that is required to be listed. (i) If a vehicle is assembled by a ‘‘U.S.A.’’ may be inserted before the (i) [Reserved] corporation that is controlled by another word ‘‘Federal’’. (j) A manufacturer may, at its option, corporation that assumes responsibility (ii) In the case of multipurpose provide information concerning which for conformity with the standards, the passenger vehicles (MPVS) and trucks tables in the document that name of the controlling corporation may with a GVWR of 6,000 pounds or less, accompanies the vehicle pursuant to be used. the statement: ‘‘This vehicle conforms to § 575.6(a) of this chapter apply to the (ii) If a vehicle is fabricated and all applicable Federal motor vehicle vehicle. This information may not delivered in complete but unassembled safety and theft prevention standards in precede or interrupt the information form, such that it is designed to be effect on the date of manufacture shown required by paragraph (g) of this section. assembled without special machinery or above.’’ The expression ‘‘U.S.’’ or (k) In the case of passenger cars tools, the fabricator of the vehicle may ‘‘U.S.A.’’ may be inserted before the imported into the United States under affix the label and name itself as the word ‘‘Federal’’. 49 CFR 591.5(f) to which the label manufacturer for the purposes of this (iii) In the case of multipurpose required by this section has not been section. passenger vehicles (MPVs) and trucks affixed by the original producer or

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assembler of the passenger car, a label vehicle in a location specified in (i) Components and systems it meeting the requirements of this paragraph (c) of this section. supplies on the incomplete vehicle; paragraph shall be affixed by the (2) The label shall contain the (ii) To the extent that the vehicle is Registered Importer before the vehicle is following statement, in the English completed in accordance with the imported into the United States, if the language, lettered in block capitals and instructions contained in the IVD, for all car is from a line listed in Appendix A numerals not less than three thirty- components and systems incorporated of 49 CFR part 541. This label shall be seconds of an inch high, with the into the completed vehicle by an in addition to, and not in place of, the location on the vehicle of the original intermediate or final-stage label required by paragraphs (a) through manufacturer’s identification number manufacturer, except for defects in (j), inclusive, of this section. provided in the blank: ORIGINAL those components or systems or defects (1) The label shall be riveted or MANUFACTURER’S IDENTIFICATION in workmanship by the intermediate or permanently affixed in such a manner NUMBER SUBSTITUTING FOR U.S. final stage manufacturer; and that it cannot be removed without VIN IS LOCATED llllll. (iii) For the accuracy of the destroying or defacing it. (m)(1) In the case of a passenger car information contained in the IVD. (2) The label shall be affixed to either imported into the United States under (2) Except as provided in paragraph (f) the hinge pillar, door-latch post, or the 49 CFR 591.5(f) which does not have an of this section, each incomplete vehicle door edge that meets the door-latch identification number that complies manufacturer shall affix an information post, next to the driver’s seating with 49 CFR 565.4 (b), (c), and (g) at the label to each incomplete vehicle that position, or, if none of these locations is time of importation, the Registered contains the following statements: practicable, to the left side of the Importer shall permanently affix a label (i) Name of incomplete vehicle instrument panel. If that location is also to the vehicle in such a manner that, manufacturer preceded by the words not practicable, the label shall be affixed unless the label is riveted, it cannot be ‘‘incomplete vehicle MANUFACTURED to the inward-facing surface of the door removed without being destroyed or BY’’ or ‘‘incomplete vehicle MFD BY’’. next to the driver’s seating position. The defaced. The label shall be in addition (ii) Month and year of manufacture of location of the label shall be such that to the label required by paragraph (a) of the incomplete vehicle. This may be it is easily readable without moving any this section, and shall be affixed to the spelled out, as in ‘‘JUNE 2000’’, or part of the vehicle except an outer door. vehicle in a location specified in expressed in numerals, as in ‘‘6/00’’. No (3) The lettering on the label shall be paragraph (c) of this section. preface is required. of a color that contrasts with the (2) The label shall contain the (iii) ‘‘Gross Vehicle Weight Rating’’ or background of the label. following statement, in the English ‘‘GVWR’’ followed by the appropriate (4) The label shall contain the language, lettered in block capitals and value in kilograms and (pounds), which following statements, in the English numerals not less than 4 mm high, with shall not be less than the sum of the language, lettered in block capitals and the location on the vehicle of the unloaded vehicle weight, rated cargo numerals not less than three thirty- original manufacturer’s identification load, and 150 pounds times the number seconds of an inch high, in the order number provided in the blank: of the vehicle’s designated seating shown: ORIGINAL MANUFACTURER’S positions. However, for school buses the (i) Model year (if applicable) or year IDENTIFICATION NUMBER minimum occupant weight allowance of manufacture and line of the vehicle, SUBSTITUTING FOR U.S. VIN IS shall be 120 pounds per passenger and as reported by the manufacturer that LOCATED llllll. 150 pounds for the driver. produced or assembled the vehicle. (iv) ‘‘Gross Axle Weight Rating’’ or ‘‘Model year’’ is used as defined in § 567.5 Requirements for manufacturers of ‘‘GAWR’’, followed by the appropriate § 565.3(h) of this chapter. ‘‘Line’’ is used vehicles manufactured in two or more value in kilograms and (pounds) for as defined in § 541.4 of this chapter. stages. each axle, identified in order from front (ii) Name of the importer. The full (a) Location of information labels for to rear (e.g., front, first intermediate, corporate or individual name of the incomplete vehicles. Each incomplete second intermediate, rear). The ratings importer of the vehicle shall be spelled vehicle manufacturer or intermediate for any consecutive axles having out, except that such abbreviations as vehicle manufacturer shall permanently identical gross axle weight ratings when ‘‘Co.’’ or ‘‘Inc.’’ and their foreign affix a label to each incomplete vehicle, equipped with tires having the same tire equivalents and the middle initial of in the location and form specified in size designation may be stated as a individuals, may be used. The name of § 567.4, and in a manner that does not single value, with the label indicating to the importer shall be preceded by the obscure other labels. If the locations which axles the ratings apply. words ‘‘Imported By’’. specified in 49 CFR 567.4(c) are not (v) Vehicle Identification Number. (iii) The statement: ‘‘This vehicle practicable, the label may be provided (c) Intermediate vehicle conforms to the applicable Federal as part of the IVD package so that it can manufacturers. motor vehicle theft prevention standard be permanently affixed in the acceptable (1) Except as provided in paragraphs in effect on the date of manufacture.’’ locations provided for in that subsection (f) and (g) of this section and (l)(1) In the case of a passenger car when the vehicle is sufficiently notwithstanding the certification of a imported into the United States under manufactured to allow placement in final-stage manufacturer under 49 CFR 591.5(f) which does not have an accordance therewith. § 567.5(d)(2)(v), each intermediate identification number that complies (b) Incomplete vehicle manufacturers. manufacturer of a vehicle manufactured with 49 CFR 565.4 (b), (c), and (g) at the (1) Except as provided in paragraph (f) in two or more stages assumes legal time of importation, the Registered of this section and notwithstanding the responsibility for all duties and Importer shall permanently affix a label certification of a final-stage liabilities imposed by the Act: to the vehicle in such a manner that, manufacturer under 49 CFR (i) With respect to defects in unless the label is riveted, it cannot be 567.5(d)(2)(v), each manufacturer of an components, systems or workmanship removed without being destroyed or incomplete vehicle assumes legal supplied by the intermediate vehicle defaced. The label shall be in addition responsibility for all duties and manufacturer on the incomplete vehicle to the label required by paragraph (a) of liabilities imposed by the Act with (other than defects that arise as a result this section, and shall be affixed to the respect to: of the intermediate manufacturer’s

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reliance on any misstatements or accordance with instructions contained applicable, except for [insert FMVSS(s)]. inaccuracies in the IVD, or any prior in the incomplete vehicle document or This vehicle conforms to all applicable intermediate manufacturer’s any Addendum furnished pursuant to Federal Motor Vehicle Safety Standards, Addendum, or that results from defects 49 CFR part 568. [and Bumper and Theft Standards if in components, systems, or (2) Except as provided in paragraphs applicable] in effect in (month, year).’’ workmanship provided by the final- (f) and (g) of this section, each final- (B) The date shown in the statement stage manufacturer); stage manufacturer shall affix a required in paragraph (d)(2)(v)(A) of this (ii) For any work done by the certification label to each vehicle, in a section shall not be earlier than the intermediate manufacturer on the manner that does not obscure the labels manufacturing date provided by the incomplete vehicle that was not applied by previous stage incomplete or intermediate stage performed in accordance with the manufacturers, and that contains the manufacturer and not later than the date incomplete vehicle document or an following statements: of completion of the final stage Addendum of a prior intermediate (i) Name of final-stage manufacturer, manufacture. manufacturer; and preceded by the words (C) Notwithstanding the certification (iii) For the accuracy of the ‘‘MANUFACTURED BY’’ or ‘‘MFD BY’’. statements in paragraph (d)(2)(v)(A) of information in the addendum to the (ii) Month and year in which final- this section, the legal responsibilities incomplete vehicle document furnished stage manufacture is completed. This and liabilities imposed by the Act shall by the intermediate vehicle may be spelled out, as in ‘‘JUNE 2000’’, be allocated among the vehicle manufacturer. or expressed in numerals, as in ‘‘6/00’’. manufacturers as provided in (2) Except as provided in paragraphs No preface is required. § 567.5(b)(1), (c)(1), and (d)(1), and 49 (f) and (g) of this section, each (iii) ‘‘Gross Vehicle Weight Rating’’ or CFR 568.4(a)(9). intermediate manufacturer of an ‘‘GVWR’’ followed by the appropriate (vi) Vehicle identification number. incomplete vehicle shall affix an value in kilograms and (pounds), which (vii) The type classification of the information label, in a manner that does shall not be less than the sum of the vehicle as defined in 49 CFR 571.3 (e.g., not obscure the labels applied by unloaded vehicle weight, rated cargo truck, MPV, bus, trailer). previous stage manufacturers, to each load, and 150 pounds times the number (e) More than one set of figures for incomplete vehicle, which contains the of the vehicle’s designated seating GVWR and GAWR, and one or more tire following statements: positions. However, for school buses the sizes, may be listed in satisfaction of the (i) Name of intermediate minimum occupant weight allowance requirements of paragraphs (d)(2)(iii) manufacturer, preceded by the words shall be 120 pounds per passenger and and (iv) of this section, as provided in ‘‘INTERMEDIATE MANUFACTURE 150 pounds for the driver. § 567.4(h). BY’’ or ‘‘INTERMEDIATE MFR BY’’. (iv) ‘‘GROSS AXLE WEIGHT (f) If an incomplete vehicle (ii) Month and year in which the RATING’’ or ‘‘GAWR’’, followed by the manufacturer assumes legal intermediate manufacturer performed appropriate value in kilograms and responsibility for all duties and its last manufacturing operation on the (pounds) for each axle, identified in liabilities imposed by the Act, with incomplete vehicle. This may be spelled order from front to rear (e.g., front, first respect to the vehicle as finally out, as ‘‘JUNE 2000’’, or expressed as intermediate, second intermediate, rear). manufactured, the incomplete vehicle numerals, as ‘‘6/00’’. No preface is The ratings for any consecutive axles manufacturer shall ensure that a label is required. having identical gross axle weight affixed to the final vehicle in conformity (iii) ‘‘Gross Vehicle Weight Rating’’ or ratings when equipped with tires having ‘‘GVWR’’, followed by the appropriate with paragraph (d) of this section, the same tire size designation may be except that the name of the incomplete value in kilograms and (pounds), if stated as a single value, with the label different from that identified by the vehicle manufacturer shall appear indicating to which axles the ratings instead of the name of the final-stage incomplete vehicle manufacturer. apply. (iv) ‘‘Gross Axle Weight Rating’’ or manufacturer after the words Examples of combined ratings: ‘‘GAWR’’ followed by the appropriate ‘‘MANUFACTURED BY’’ or ‘‘MFD BY’’ value in kilograms and (pounds), if (a) All axles-4080 with LT265/75R–16D required by paragraph (d)(2)(i) of this different from that identified by the tires; section. incomplete vehicle manufacturer. (b) Front-12,000 with LT245/75R–20G (g) If an intermediate manufacturer of (d) Final-stage manufacturers. tires. First intermediate to rear-15,000 with a vehicle assumes legal responsibility (1) Except as provided in paragraphs LT215/85R–20H tires. for all duties and liabilities imposed on (f) and (g) of this section, each final- (v)(A) One of the following alternative manufacturers by the Act, with respect stage manufacturer of a vehicle certification statements: to the vehicle as finally manufactured, manufactured in two or more stages (1) ‘‘This vehicle conforms to all the intermediate manufacturer shall assumes legal responsibility for all applicable Federal Motor Vehicle Safety ensure that a label is affixed to the final duties and liabilities imposed by the Standards, [and Bumper and Theft vehicle in conformity with paragraph Act: Prevention Standards, if applicable] in (d) of this section, except that the name (i) With respect to defects in effect in (month, year).’’ of the intermediate manufacturer shall components, systems or workmanship (2) ‘‘This vehicle has been completed appear instead of the name of the final- supplied by the final-stage manufacturer in accordance with the prior stage manufacturer after the words on the incomplete vehicle (other than manufacturers’ instructions, where ‘‘MANUFACTURED BY’’ or ‘‘MFD BY’’ defects that arise as a result of the final applicable. This vehicle conforms to all required by paragraph (f) of this section. stage manufacturer’s reliance on any applicable Federal Motor Vehicle Safety (h) Upon request of NHTSA or the misstatements or inaccuracies in the Standards, [and Bumper and Theft previous-stage manufacturer, an IVD, or any intermediate manufacturer’s Prevention Standards, if applicable] in intermediate or final-stage manufacturer Addendum); and effect in (month, year).’’ shall provide the previous-stage (ii) For any work done by the final- (3) ‘‘This vehicle has been completed manufacturer with all customer stage manufacturer to complete the in accordance with the prior information necessary for the previous- vehicle that was not performed in manufacturers’ instructions, where stage manufacturer to fulfill its legal

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responsibilities under 49 CFR parts 573 Authority: 49 U.S.C. 30111, 30115, 30117, size designation may, at the option of and 577. 30166 delegation of authority at 49 CFR 1.50. the incomplete vehicle manufacturer, be § 568.1 Purpose and scope. stated as a single value, with the label § 567.6 Requirements for persons who indicating to which axles the ratings alter certified vehicles. The purpose of this part is to apply. prescribe the method by which (a) With respect to the vehicle Examples of combined ratings: alterations it performs, a vehicle alterer: manufacturers of vehicles manufactured (1) Has a duty to determine continued in two or more stages shall ensure (a) All axles-4080 with LT265/75R–16D tires; conformity of the altered vehicle with conformity of those vehicles with the Federal motor vehicle safety standards (b) Front-12,000 with LT245/75R–20G applicable Safety, Bumper and Theft tires. Prevention Standards, and (‘‘standards’’) and other regulations First intermediate to rear-15,000 with (2) Assumes legal responsibility for all issued under the National Traffic and LT215/85R–20H tires. duties and liabilities imposed by the Motor Vehicle Safety Act. (49 U.S.C. 30115) (6) Listing of the vehicle types as Act. defined in 49 CFR 571.3 (e.g., truck, (b) The vehicle manufacturer’s § 568.2 Application. MPV, bus, trailer) into which the certification label and any information This part applies to incomplete incomplete vehicle may appropriately labels shall remain affixed to the vehicle vehicle manufacturers, intermediate be manufactured. and the alterer shall affix to the vehicle manufacturers, and final-stage (7) Listing, by number, of each an additional label in the manner and manufacturers of vehicles manufactured standard, in effect at the time of location specified in § 567.4, in a in two or more stages. manufacture of the incomplete vehicle, manner that does not obscure any that applies to any of the vehicle types previously applied labels, and § 568.3 Definitions. listed in paragraph (a)(6) of this section, containing the following information: All terms that are defined in the Act followed in each case by one of the (1) The statement: ‘‘This vehicle was and the rules and standards issued following three types of statement, as altered by (individual or corporate under its authority are used as defined applicable: name) in (month and year in which therein. The term ‘‘bumper’’ has the (i) Type 1—A statement that the alterations were completed) and as meaning assigned to it in title I of the vehicle when completed will conform to altered it conforms to all applicable Cost Savings Act and the rules and the standard if no alterations are made Federal Motor Vehicle Safety, Bumper standards issued under its authority. in identified components of the and Theft Prevention Standards affected The definitions contained in 49 CFR incomplete vehicle. by the alteration and in effect in (month, part 567 apply to this part. Example: 104—This vehicle when year).’’ The second date shall be no completed will conform to FMVSS No. earlier than the final manufacturing date § 568.4 Requirements for incomplete vehicle manufacturers. 104, Windshield Wiping and Washing of the certified vehicle, and no later Systems, if no alterations are made in than the date alterations were (a) The incomplete vehicle manufacturer shall furnish for each the windshield wiper components. completed. (ii) Type 2—A statement of specific (2) If the gross vehicle weight rating incomplete vehicle, at or before the time of delivery, an incomplete vehicle conditions of final manufacture under or any of the gross axle weight ratings which the manufacturer specifies that of the vehicle as altered are different document or IVD that contains the following statements, in the order the completed vehicle will conform to from those shown on the original the standard. certification label, the modified values shown, and all other information required by this part to be included Example: 121—This vehicle when shall be provided in the form specified completed will conform to FMVSS No. in § 567.4(g)(3) and (4). therein: (1) Name and mailing address of the 121, Air Brake Systems, if it does not (3) If the vehicle as altered has a exceed any of the gross axle weight different type classification from that incomplete vehicle manufacturer. (2) Month and year during which the ratings, if the center of gravity at GVWR shown on the original certification label, incomplete vehicle manufacturer is not higher than nine feet above the the type as modified shall be provided. performed its last manufacturing ground, and if no alterations are made 5–6. Part 568 would be revised to read operation on the incomplete vehicle. in any brake system component. as follows: (3) Identification of the incomplete (iii) Type 3—A statement that conformity with the standard cannot be PART 568—VEHICLES vehicle(s) to which the document determined based upon the components MANUFACTURED IN TWO OR MORE applies. The identification shall be by supplied on the incomplete vehicle, and STAGES—ALL INCOMPLETE, vehicle identification number (VIN) or that the incomplete vehicle INTERMEDIATE AND FINAL STAGE groups of VINs to ascertain positively manufacturer makes no representation MANUFACTURERS OF VEHICLES that a document applies to a particular as to conformity with the standard. MANUFACTURED IN TWO OR MORE incomplete vehicle after the document (8) Each document shall contain a STAGES has been removed from the vehicle. (4) Gross vehicle weight rating table of contents or chart summarizing Sec. (GVWR) of the completed vehicle for all the standards applicable to the 568.1 Purpose and scope. which the incomplete vehicle is vehicle pursuant to 49 CFR 568.4(a)(7). 568.2 Application. intended. (9) A certification that the statements 568.3 Definitions. (5) Gross axle weight rating (GAWR) contained in the incomplete vehicle 568.4 Requirements for incomplete vehicle for each axle of the completed vehicle, document are accurate as of the date of manufacturers. listed and identified in order from front manufacture of the incomplete vehicle 568.5 Requirements for intermediate manufacturers. to rear (e.g., front, first intermediate, and can be used and relied on by any 568.6 Requirements for final-stage second intermediate, rear). The ratings intermediate and/or final-stage manufacturers. for any consecutive axles having manufacturer as a basis for certification. 568.7 Requirements for manufacturers who identical gross axle weight ratings when (b) To the extent the IVD expressly assume legal responsibility for a vehicle. equipped with tires having the same tire incorporates by reference body builder

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or other design and engineering (hereafter referred to as the Act), with after the last applicable date for guidance (Reference Material), the respect to a vehicle as finally manufacturer certification of incomplete vehicle manufacturer shall manufactured, the requirements of compliance provided in the standard. make such Reference Material readily §§ 568.4, 568.5 and 568.6(b) do not Nothing in this provision shall be available to subsequent manufacturers. apply to that vehicle. In such a case, the construed as prohibiting earlier Reference Materials incorporated by incomplete vehicle manufacturer shall compliance with the standard or reference in the IVD shall be deemed to ensure that a label is affixed to the final precluding NHTSA from allowing or be part of the IVD. vehicle in conformity with 49 CFR extending a compliance effective date (c) The IVD shall be attached to the 567.5(f). for intermediate and final-stage incomplete vehicle in such a manner (b) If an intermediate manufacturer of manufacturers and alterers by more than that it will not be inadvertently a vehicle assumes legal responsibility one year. detached, or alternatively, it may be sent for all duties and liabilities imposed on directly to a final-stage manufacturer, manufacturers by the Act, with respect PART 573—DEFECT AND intermediate manufacturer or purchaser to the vehicle as finally manufactured, NONCOMPLIANCE RESPONSIBILITY for purposes other than resale to whom §§ 568.5 and 568.6(b) do not apply to AND REPORTS the incomplete vehicle is delivered. The that vehicle. In such a case, the Reference Material in paragraph (b) of manufacturer assuming responsibility 9. The authority citation for part 573 this section need not be attached to each shall ensure that a label is affixed to the of title 49 would continue to read as vehicle. final vehicle in conformity with 49 CFR follows: § 568.5 Requirements for intermediate 567.5(g). The assumption of Authority: 49 U.S.C. 30102–103, 30112, manufacturers. responsibility by an intermediate 30117–121, 30166–167; delegation of authority at 49 CFR 1.50. Each intermediate manufacturer of an manufacturer does not, however, change incomplete vehicle shall furnish to the the requirements for incomplete vehicle manufacturers in § 568.4. 10. Section 573.5 would be revised to final stage manufacturer the document read as follows: required by 49 CFR 568.4 in the manner PART 571—FEDERAL MOTOR § 573.5 Defect and noncompliance specified in that section. If any of the VEHICLE SAFETY STANDARDS changes in the vehicle made by the responsibility. intermediate manufacturer affect the 7. The authority citation for part 571 (a) Each manufacturer of a motor validity of the statements in the IVD, it of title 49 would continue to read as vehicle shall be responsible for any shall furnish an addendum to the IVD follows: safety-related defect or any that contains its name and mailing Authority: 49 U.S.C. 322, 30111, 30115, noncompliance determined to exist in address and an indication of all changes 30117, 30166 delegation of authority at 49 the vehicle or in any item of original that should be made in the IVD to reflect CFR 1.50. equipment. changes that it made to the vehicle. The 8. Section 571.8 would be revised to (b) Each manufacturer of an item of addendum shall contain a certification read as follows: by the intermediate manufacturer that replacement equipment shall be the statements contained in the § 571.8 Effective date. responsible for any safety-related defect addendum are accurate as of the date of (a) Firefighting vehicles. or any noncompliance determined to manufacture by the intermediate Notwithstanding the effective date exist in the equipment. manufacturer and can be used and provisions of the motor vehicle safety (c) In the event of a safety-related relied on by any subsequent standards in this part, the effective date defect or noncompliance in a motor intermediate manufacturer(s) and the of any standard or amendment of a vehicle or item of original equipment in final-stage manufacturer as a basis for standard issued after September 1, 1971, a motor vehicle manufactured in two or certification. to which firefighting vehicles must more stages, should the manufacturers or NHTSA be unable to determine or § 568.6 Requirements for final-stage conform shall be, with respect to such manufacturers. vehicles, either 2 years after the date on agree which manufacturer is responsible for the safety-related defect or Each final-stage manufacturer shall which such standard or amendment is noncompliance, NHTSA shall complete the vehicle in such a manner published in the rules and regulations determine which manufacturer is in the that it conforms to the applicable section of the Federal Register, or the best position to conduct a notification standards in effect on the date of effective date specified in the notice, and remedy campaign, pursuant to 49 manufacture of the incomplete vehicle, whichever is later, except as such CFR part 577. Such determination shall the date of final completion, or a date standard or amendment may otherwise be nonreviewable. between those two dates. This specifically provide with respect to requirement shall, however, be firefighting vehicles. Nothing in this section shall (b) Vehicles built in two or more superseded by any conflicting otherwise waive or alter any rights of a stages and altered vehicles. Unless provisions of a standard that applies by manufacturer to challenge the existence Congress directs or the agency expressly its terms to vehicles manufactured in of a safety-related defect or determines that provisions of this two or more stages. noncompliance. Nor shall NHTSA’s paragraph shall not apply, the date for determination constitute a § 568.7 Requirements for manufacturers manufacturer certification of determination of actual fault by the who assume legal responsibility for a compliance with any standard or party conducting the notification and vehicle. amendment to a standard that is remedy campaign. (a) If an incomplete vehicle published in the rules and regulations manufacturer assumes legal section of the Federal Register on or Issued: June 16, 2004. responsibility for all duties and after [date to be determined in final Stephen R. Kratzke, liabilities imposed on manufacturers by rule] shall be, insofar as its application Associate Administrator for Rulemaking. the National Traffic and Motor Vehicle to intermediate and final-stage [FR Doc. 04–14564 Filed 6–25–04; 8:45 am] Safety Act (49 U.S.C. chapter 301) manufacturers and alterers, one year BILLING CODE 4910–59–P

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Notices Federal Register Vol. 69, No. 123

Monday, June 28, 2004

This section of the FEDERAL REGISTER FSIS Docket Room at the address listed directions for opening containers or contains documents other than rules or above between 8:30 a.m. and 4:30 p.m., serving the product; or the substitution proposed rules that are applicable to the Monday through Friday, except Federal of abbreviations for words or vice versa, public. Notices of hearings and investigations, holidays. The comments also will be do not need an additional FSIS approval committee meetings, agency decisions and posted on the Agency’s Web site at (§§ 317.5 & 381.133). rulings, delegations of authority, filing of petitions and applications and agency http://www.fsis.usda.gov/OPPDE/rdad/ FSIS requires establishments to have statements of organization and functions are FRDockets.htm. a written guaranty that packaging examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: John materials are safe for intended use section. O’Connell, Paperwork Reduction Act within the meaning of section 409 of the Coordinator, Food Safety and Inspection Federal Food, Drug, and Cosmetic Act, Service, USDA, 300 12th Street, SW., as amended (§§ 317.24 & 381.144). DEPARTMENT OF AGRICULTURE Room 112, Washington, DC 20250– To control the manufacture of 3700, (202) 720–0345. marking devices bearing official marks, Food Safety and Inspection Service FSIS requires official meat and poultry SUPPLEMENTARY INFORMATION: [Docket No. 04–010N] Title: Marking, Labeling, and establishments and the manufacturers of Packaging. such marking devices to submit a form Notice of Request for a Revision of a OMB Number: 0583–0092. to the Agency. The establishment Currently Approved Information Expiration Date of Approval: 9/30/ completes the first part of the form Collection (Marking, Labeling, and 2004. requesting that certain brands or other Packaging) Type of Request: Revision of a devices be manufactured. The currently approved information manufacturer of the brands then AGENCY: Food Safety and Inspection provides its business name and address, Service, USDA. collection. Abstract: FSIS has been delegated the and serial numbers of brands and ACTION: Notice and request for authority to exercise the functions of the devices. Such certification is necessary comments. Secretary as specified in the Federal to help prevent the manufacture and use of counterfeit marks of inspection SUMMARY: In accordance with the Meat Inspection Act (FMIA) (21 U.S.C. (§§ 312.1 & 381.96). Paperwork Reduction Act of 1995 and 601, et seq.), the Poultry Products Poultry establishments producing the Office of Management and Budget Inspection Act (PPIA) (21 U.S.C. 451, et meat using advanced meat/bone (OMB) regulations, this notice seq.), and the Egg Products Inspection separation machinery and recovery announces the Food Safety and Act (EPIA) (21 U.S.C. 1031, et seq.). systems must have adequate controls in Inspection Service’s (FSIS) intention to These statutes mandate that FSIS place, including the maintenance of request a revision to a currently protect the public by ensuring that meat, proper recordkeeping, to ensure that approved information collection poultry, and egg products are safe, such product complies with the regarding Marking, Labeling, and wholesome, unadulterated, and Agency’s definition and criteria for Packaging. properly labeled and packaged. FSIS is requesting a revision to the ‘‘meat’’ (§§ 381.172 & 381.173). DATES: Comments on this notice must be information collection addressing Estimate of Burden: The public received on or before August 27, 2004. paperwork and recordkeeping reporting burden for this collection of ADDRESSES: FSIS invites interested requirements regarding marking, information is estimated to average .03 persons to submit comments on this labeling, and packaging because of an hours per response. Information Collection request. anticipated decrease of information Respondents: Official establishments Comments may be submitted by any of collection burden hours due to a and plants; foreign establishments; the following methods: decrease in the submission of new device manufacturer. • Mail, including floppy disks or CD- labels. To ensure that meat, poultry, and Estimated Number of Respondents: ROM’s, and hand- or courier-delivered egg products are accurately labeled, 16,720. items: Send to Docket Clerk, U.S. FSIS approves meat, poultry, and egg Estimated Number of Responses per Department of Agriculture, Food Safety products labeling. Meat, poultry, and Respondent: 202. and Inspection Service, 300 12th Street, egg products establishments and plants Estimated Total Annual Burden on SW., Room 102 Cotton Annex, must develop product labels (9 CFR Respondents: 114,558. Copies of this Washington, DC 20250. 317.4, 381.132 & 590.411) in accordance information collection assessment can • Federal eRulemaking Portal: Go to with FSIS regulations. Each be obtained from John O’Connell, http://www.regulations.gov. Follow the establishment must maintain a copy of Paperwork Reduction Act Coordinator, online instructions at that site for all labeling used, along with all records Food Safety and Inspection Service, submitting comments. of product formulation and processing USDA, 300 12th Street, SW., Room 112, All submissions received must procedures. Washington, DC 20250–3700, (202) 720– include the Agency name and docket Approved labeling to which minor 5627, (202) 720–0345. number 04–010N. changes are made, such as holiday Comments are invited on: (a) Whether All comments submitted in response season designs, addition or deletion of the proposed collection of information to this notice, as well as research and coupons, UPC production codes, or is necessary for the proper performance background information used by FSIS in recipe suggestions; newly assigned or of FSIS’ functions, including whether developing this document, will be revised establishment numbers; changes the information will have practical available for public inspection in the in the arrangement or language of utility; (b) the accuracy of FSIS’ estimate

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of the burden of the proposed collection The update also is available on the (Alaska, Arizona, California, Hawaii, of information, including the validity of FSIS Web page. Through Listserv and Idaho, Nevada, Oregon, Texas and the methodology and assumptions used; the Web page, FSIS is able to provide Washington) will convene at 1 p.m. (c) ways to enhance the quality, utility, information to a much broader, more (PDT) and adjourn at 2:30 p.m., Friday, and clarity of the information to be diverse audience. June 25, 2004. The purpose of the collected; ways to minimize the burden Done at Washington, DC, on June 23, 2004. conference call is to discuss regional of the collection of information on those Barbara J. Masters, civil rights issues and update who are to respond, including through information. This conference call is Acting Administrator. the use of appropriate automated, available to the public through the electronic, mechanical, or other [FR Doc. 04–14582 Filed 6–25–04; 8:45 am] following call-in number: 1–800–659– technological collection techniques, or BILLING CODE 3410–DM–P 8292, access code number 24372798. other forms of information technology. Any interested member of the public Comments may be sent to both John may call this number and listen to the DEPARTMENT OF AGRICULTURE O’Connell, Paperwork Reduction Act meeting. Callers can expect to incur Coordinator, at the address provided Forest Service charges for calls not initiated using the above, and the Desk Officer for provided call-in number or over Agriculture, Office of Information and Northwest Sacramento Provincial wireless lines and the Commission will Regulatory Affairs, Office of Advisory Committee (SAC PAC) not refund any incurred charges. Callers Management and Budget, Washington, will incur no charge for calls using the DC 20253. AGENCY: Forest Service, USDA. call-in number over land-line All responses to this notice will be ACTION: Notice of meeting. connections. Persons with hearing summarized and included in the request impairments may also follow the for OMB approval. All comments will SUMMARY: The Northwest Sacramento proceedings by first calling the Federal also become a matter of public record. Provincial Advisory Committee (PAC) Relay Service at 1–800–977–8339 and will meet on July 29, 2004, at Redding, Additional Public Notification providing the Service with the California. The purpose of the meeting conference call number and access code. Public awareness of all segments of is to discuss issues relating to To ensure that the Commission rulemaking and policy development is implementing the Northwest Forest secures an appropriate number of lines important. Consequently, in an effort to Plan. for the public, persons are asked to ensure that the public and in particular register by contacting Thomas Pilla of minorities, women, and persons with DATES: The meeting will be held on July the Western Regional Office, (213) 894– disabilities, are aware of this notice, 29, 2004. 3437, by 3 p.m. on Thursday, June 24, FSIS will announce it on-line through LOCATION: The meeting will be held in 2004. the FSIS Web page located at http:// the Trinity Conference Room at the The meeting will be conducted www.fsis.usda.gov. USDA Service Center at 3644 Avtech The Regulations.gov Web site is the Parkway, Redding, CA. pursuant to the provisions of the rules and regulations of the Commission. central online rulemaking portal of the FOR FURTHER INFORMATION CONTACT: Julie United States government. It is being Nelson, Committee Coordinator, USDA, Dated at Washington, DC, June 14, 2004. offered as a public service to increase Shasta-Trinity National Forest, 3644 Ivy L. Davis, participation in the Federal Avtech Parkway, Redding, CA, 96002 Chief, Regional Programs Coordination Unit. government’s regulatory activities. FSIS (530) 226–2429; or by e-mail: [FR Doc. 04–14589 Filed 6–25–04; 8:45 am] participates in Regulations.gov and will [email protected]. BILLING CODE 6335–01–P accept comments on documents SUPPLEMENTARY INFORMATION: published on the site. The site allows The meeting is open to the public. visitors to search by keyword or DEPARTMENT OF COMMERCE Department or Agency for rulemakings Opportunity will be provided for public input and individuals will have the that allow for public comment. Each International Trade Administration entry provides a quick link to a opportunity to address the Committee at comment form so that visitors can type that time. [A–549–813] Dated: June 18, 2004. in their comments and submit them to Final Results of Antidumping Duty FSIS. The Web site is located at J. Sharon Heywood, Changed Circumstances Review: http://www.regulations.gov. Forest Supervisor. Canned Pineapple Fruit From Thailand FSIS also will make copies of this [FR Doc. 04–14565 Filed 6–25–04; 8:45 am] Federal Register publication available BILLING CODE 3410–FK–M AGENCY: Import Administration, through the FSIS Constituent Update, International Trade Administration, which is used to provide information Department of Commerce. regarding FSIS policies, procedures, COMMISSION ON CIVIL RIGHTS ACTION: Notice of Final Results of regulations, Federal Register notices, Antidumping Duty Changed FSIS public meetings, recalls, and other Agenda and Notice of Public Meeting Circumstances Review. types of information that could affect or of the Subcommittees of Each would be of interest to our constituents Advisory Committee in the Western SUMMARY: The Department of Commerce and stakeholders. The update is Region (the Department) has determined that communicated via Listserv, a free e-mail Tipco Foods (Thailand) Public Co., Ltd. subscription service consisting of Notice is hereby given, pursuant to (Tipco Foods) is the successor-in- industry, trade, and farm groups, the provisions of the rules and interest to The Thai Pineapple Public consumer interest groups, allied health regulations of the U.S. Commission on Co., Ltd (TIPCO) and, as such, is professionals, scientific professionals, Civil Rights, that a conference call of the entitled to TIPCO’s cash deposit rate and other individuals who have subcommittees of each Advisory with respect to entries of subject requested to be included. Committee in the Western Region merchandise.

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EFFECTIVE DATE: June 28, 2004. such, is entitled to TIPCO’s cash deposit preliminary results of the new shipper FOR FURTHER INFORMATION CONTACT: rate with respect to entries of subject reviews of the antidumping duty order Kristina Boughton or Charles Riggle at merchandise. For a complete discussion on fresh garlic from the People’s (202) 482–8173 or (202) 482–0650, of the basis of this decision, see the Republic of China covering six respectively; AD/CVD Enforcement Preliminary Results. Because we producers/exporters of subject Office 5, Group II, Import received no comments, we have adopted merchandise. The period of review is Administration, International Trade the same position in these final results. November 1, 2002, through April 30, Administration, U.S. Department of Effective as of the date of these final 2003. This notice pertains solely to the Commerce, 14th Street and Constitution results, we will instruct U.S. Customs final results of review for Linyi Sanshan Avenue, NW., Washington, DC 20230. and Border Protection to assign Tipco Import & Export Trading Co., Ltd. The SUPPLEMENTARY INFORMATION: Foods the zero percent antidumping notice of final results of review duty cash deposit rate applicable to applicable to the other five producers/ Background TIPCO. The cash deposit determination exporters is due July 26, 2004. On April 26, 2004, Tipco Foods from this changed circumstances review We gave interested parties an requested that the Department initiate a will apply to all shipments of the opportunity to comment on the changed circumstances review to subject merchandise entered, or preliminary results of the new shipper confirm that Tipco Foods is the withdrawn from warehouse, for reviews but received no comments with successor-in-interest to TIPCO for consumption on or after the date of respect to Linyi Sanshan. Therefore, purposes of determining antidumping publication of the final results of this these final results of review have not duty liabilities. This name change is changed circumstances review. See changed from that presented in the relevant to the ongoing 2002–2003 Granular Polytetrafluoroethylene Resin preliminary results of review, in which administrative review of the from Italy; Final Results of we applied total adverse facts available. antidumping duty order on canned Antidumping Duty Changed The final dumping margin for Linyi pineapple fruit (CPF) from Thailand Circumstances Review, 68 FR 25327 Sanshan is listed in the ‘‘Final Results because the Department has issued a (May 12, 2003). This deposit rate shall of New Shipper Review’’ section below. remain in effect until publication of the preliminary determination to revoke the EFFECTIVE DATE: June 28, 2004. order with respect to this company. See final results of the eighth administrative review of CPF from Thailand. FOR FURTHER INFORMATION CONTACT: Notice of Preliminary Results and Brian Ellman or Minoo Hatten, Office of Preliminary Determination To Revoke Notification AD/CVD Enforcement 3, Import Order in Part: Canned Pineapple Fruit Administration, International Trade From Thailand, 69 FR 18524 (April 8, This notice serves as a final reminder Administration, U.S. Department of 2004). to parties to administrative protective On June 1, 2004, the Department orders (APOs) of their responsibility Commerce, 14th Street and Constitution published the Initiation and Preliminary concerning the disposition of Avenue, N.W., Room 4203, Washington, Results of Antidumping Duty Changed proprietary information disclosed under DC 20230; telephone (202) 482–4852 or Circumstances Review: Canned APO in accordance with 19 CFR (202) 482–1690, respectively. Pineapple Fruit from Thailand (69 FR 351.305(a)(5). Failure to timely notify SUPPLEMENTARY INFORMATION: the Department in writing of the return/ 30878) (Preliminary Results). Interested Scope of the Order parties were given an opportunity to destruction of APO material is a comment on the preliminary results, sanctionable violation. We are issuing The products subject to the and we received no comments. and publishing this finding and notice antidumping duty order are all grades of Therefore, the final results do not differ in accordance with sections 751(b)(1) garlic, whole or separated into from the preliminary results of review. and 777(I)(1) of the Tariff Act of 1930, constituent cloves, whether or not as amended, and 19 CFR 351.216 and 19 peeled, fresh, chilled, frozen, Scope of the Review CFR 351.221(c)(3). provisionally preserved, or packed in water or other neutral substance, but not The product covered by this order is Dated: June 21, 2004. prepared or preserved by the addition of CPF, defined as pineapple processed James J. Jochum, and/or prepared into various product other ingredients or heat processing. Assistant Secretary for Import The differences between grades are forms, including rings, pieces, chunks, Administration. tidbits, and crushed pineapple, that is based on color, size, sheathing, and [FR Doc. 04–14621 Filed 6–25–04; 8:45 am] packed and cooked in metal cans with level of decay. either pineapple juice or sugar syrup BILLING CODE 3510–DS–P The scope of this order does not added. CPF is currently classifiable include the following: (a) garlic that has been mechanically harvested and that is under subheadings 2008.20.0010 and DEPARTMENT OF COMMERCE 2008.20.0090 of the Harmonized Tariff primarily, but not exclusively, destined Schedule of the United States (HTSUS). International Trade Administration] for non–fresh use; or (b) garlic that has HTSUS 2008.20.0010 covers CPF been specially prepared and cultivated packed in a sugar-based syrup; HTSUS [A–570–831] prior to planting and then harvested and otherwise prepared for use as seed. 2008.20.0090 covers CPF packed Fresh Garlic from the People’s The subject merchandise is used without added sugar (i.e., juice-packed). Republic of China: Final Results of principally as a food product and for Although these HTSUS subheadings are Antidumping Duty New Shipper seasoning. The subject garlic is provided for convenience and for Review for Linyi Sanshan Import & currently classifiable under subheadings customs purposes, the written Export Trading Co., Ltd. description of the scope is dispositive. 0703.20.0010, 0703.20.0020, AGENCY: Import Administration, 0703.20.0090, 0710.80.7060, Final Results of Changed International Trade Administration, 0710.80.9750, 0711.90.6000, and Circumstances Review Department of Commerce. 2005.90.9700 of the Harmonized Tariff We find that Tipco Foods is the SUMMARY: On May 3, 2004, the Schedule of the United States (HTSUS). successor-in-interest to TIPCO and, as Department of Commerce published the Although the HTSUS subheadings are

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provided for convenience and customs and 776(b) of the Act and reflecting the determination of their responsibility purposes, the written description of the determination that Linyi Sanshan is not under 19 CFR 351.402(f) to file a scope of this proceeding is dispositive. eligible for a separate rate, we have certificate regarding the reimbursement In order to be excluded from the assigned the PRC–wide rate of 376.67 of antidumping duties prior to antidumping duty order, garlic entered percent to Linyi Sanshan. For detailed liquidation of the relevant entries under the HTSUS subheadings listed information on the Department’s during this review period. Failure to above that is (1) mechanically harvested corroboration of this rate see the comply with this requirement could and primarily, but not exclusively, Preliminary Results at 24125. result in the Department’s presumption destined for non–fresh use or (2) We have not received any information that reimbursement of antidumping specially prepared and cultivated prior since the issuance of the Preliminary duties occurred and the subsequent to planting and then harvested and Results that provides a basis for assessment of doubled antidumping otherwise prepared for use as seed must reconsideration of this determination. duties. be accompanied by declarations to U.S. Final Results of New Shipper Review We are issuing and publishing the Customs and Border Protection (CBP) to final results of this new shipper review that effect. We find that a dumping margin of in accordance with sections 751(a)(2)(B) 376.67 percent exists for the period Background and 777(i) of the Act and 19 CFR November 1, 2002, through April 30, 351.214(i)(1). The Department of Commerce (the 2003, for shipments of fresh garlic from Department) is conducting this review the PRC grown and exported by Linyi Dated: June 22, 2004. of Linyi Sanshan Import & Export Sanshan Import & Export Trading Co., James J. Jochum, Trading Co., Ltd. (Linyi Sanshan) in Ltd., as part of the PRC entity. Assistant Secretary for Import accordance with section 751(a)(2)(B) of Administration. the Tariff Act of 1930, as amended (the Assessment Rates and Cash–Deposit [FR Doc. 04–14619 Filed 6–25–04; 8:45 am] Requirements Act). On May 3, 2004, the Department BILLING CODE 3510–DS–S published the preliminary results of the The Department will determine, and new shipper review of the antidumping CBP shall assess, antidumping duties on duty order on fresh garlic from the all appropriate entries. We will issue DEPARTMENT OF COMMERCE People’s Republic of China (PRC) with appropriate assessment instructions respect to Linyi Sanshan. See Fresh directly to CBP within 15 days of International Trade Administration Garlic from the People’s Republic of publication of these final results of China: Preliminary Results of review. [A–533–820] Antidumping Duty New Shipper The following cash–deposit requirements will be effective upon Certain Hot-Rolled Carbon Steel Flat Reviews, 69 FR 24123 (Preliminary Products From India: Final Results of Results). We invited parties to comment publication of these final results of new shipper review for all shipments of the Antidumping Duty Administrative on the Preliminary Results but received Review no comments with respect to Linyi subject merchandise entered, or Sanshan. Therefore, we have withdrawn from warehouse, for AGENCY: Import Administration, determined that no changes to the consumption on or after the publication International Trade Administration, preliminary results are warranted for date, as provided by section 751(a)(2)(C) Department of Commerce. of the Act: (1) For subject merchandise these final results. ACTION: Notice of Final Results of exported by Linyi Sanshan Import & Separate Rates Antidumping Duty Administrative Export Trading Co., Ltd., the cash– Review. In the Preliminary Results we deposit rate will be the PRC– determined that Linyi Sanshan did not countrywide rate, which is 376.67 SUMMARY: On December 23, 2003, the qualify for a separate rate and is deemed percent; (2) for all other PRC exporters Department of Commerce (the to be covered by the PRC–wide rate. See of subject merchandise which have not Department) published the preliminary Preliminary Results, 69 FR 24125. We been found to be entitled to a separate results of the administrative review of have not received any information since rate, the cash–deposit rate will be the the antidumping duty order on certain the issuance of the Preliminary Results PRC–countrywide rate which is 376.67 hot-rolled carbon steel flat products that provides a basis for reconsideration percent; and (3) for all non–PRC (HRS) From India. The review covers of this determination. exporters of subject merchandise, the HRS exported to the United States by The PRC–Wide Rate and Use of Facts cash–deposit rate will be the rate Essar Steel Co., Ltd. (Essar) during the Otherwise Available applicable to the PRC exporter which period May 3, 2001, through November supplied that exporter. These deposit 30, 2002. Based on our analysis of the The information Linyi Sanshan requirements shall remain in effect until comments received, we have made submitted for this new shipper review publication of the final results of the changes in the margin calculation. The could not be verified because the next administrative review. final weighted-average dumping margin company chose not to participate in the Notification to Interested Parties for the reviewed firm is listed below in verification. Linyi Sanshan’s decision the section entitled ‘‘Final Results of not to participate in the verification Bonding is no longer permitted to Review.’’ prevented the Department from fulfill security requirements for checking the accuracy of the shipments from Linyi Sanshan of fresh EFFECTIVE DATE: June 28, 2004. information that it submitted; therefore, garlic from the PRC entered, or FOR FURTHER INFORMATION CONTACT: the Department considers Linyi withdrawn from warehouse, for Kevin Williams or Howard Smith, AD/ Shanshan to have hindered the consumption in the United States on or CVD Enforcement, Office IV, Group II, calculation of an accurate dumping after the publication of this notice in the Import Administration, International margin and impeded the proceeding. Federal Register. Trade Administration, U.S. Department Accordingly, as adverse facts available This notice serves as a final reminder of Commerce, 14th and Constitution pursuant to sections 776(a)(2)(C) and (D) to importers covered by this Avenue, NW., Washington, DC 20230;

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telephone: (202) 482–2371 or (202) 482– interstitial-free (IF)) steels, high strength specification (sample specifications: 5193, respectively. low alloy (HSLA) steels, and the ASTM A506, A507). SUPPLEMENTARY INFORMATION: substrate for motor lamination steels. IF Non-rectangular shapes, not in coils, steels are recognized as low carbon which are the result of having been Background steels with micro-alloying levels of processed by cutting or stamping and On December 23, 2003, the elements such as titanium or niobium which have assumed the character of Department published in the Federal (also commonly referred to as articles or products classified outside Register the preliminary results of this columbium), or both, added to stabilize chapter 72 of the HTSUS. administrative review of the carbon and nitrogen elements. HSLA The merchandise subject to the order antidumping duty order on HRS from steels are recognized as steels with is currently classifiable in the HTSUS at India. See Certain Hot-Rolled Carbon micro-alloying levels of elements such subheadings: 7208.10.15.00, Steel Flat Products From India: as chromium, copper, niobium, 7208.10.30.00, 7208.10.60.00, Preliminary Results and Rescission in vanadium, and molybdenum. The 7208.25.30.00, 7208.25.60.00, Part of Antidumping Duty substrate for motor lamination steels 7208.26.00.30, 7208.26.00.60, Administrative Review, 68 FR 74209 contains micro-alloying levels of 7208.27.00.30, 7208.27.00.60, (December 23, 2003). elements such as silicon and aluminum. 7208.36.00.30, 7208.36.00.60, In response to the Department’s Steel products to be included in the 7208.37.00.30, 7208.37.00.60, invitation to comment on the scope of the order, regardless of 7208.38.00.15, 7208.38.00.30, preliminary results of this review, we definitions in the Harmonized Tariff 7208.38.00.90, 7208.39.00.15, received written comments on January Schedule of the United States (HTSUS), 7208.39.00.30, 7208.39.00.90, 22 and 23, 2004, from petitioners 1 and are products in which: (i) Iron 7208.40.60.30, 7208.40.60.60, the respondent. On January 29, 2004, we predominates, by weight, over each of 7208.53.00.00, 7208.54.00.00, received rebuttal comments from the other contained elements; (ii) the 7208.90.00.00, 7211.14.00.90, petitioners and the respondent. The carbon content is 2 percent or less, by 7211.19.15.00, 7211.19.20.00, Department received a request for a weight; and (iii) none of the elements 7211.19.30.00, 7211.19.45.00, public hearing from Nucor which was listed below exceeds the quantity, by 7211.19.60.00, 7211.19.75.30, later withdrawn; therefore no public weight, respectively indicated: 7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat hearing was held. On April 27, 2004, the 1.80 percent of manganese, or Department extended the deadline for products covered by the order, 2.25 percent of silicon, or including: vacuum degassed fully the final results until June 20, 2004. See 1.00 percent of copper, or Certain Hot-Rolled Carbon Steel Flat stabilized; high strength low alloy; and 0.50 percent of aluminum, or the substrate for motor lamination steel Products From India: Extension of Time 1.25 percent of chromium, or may also enter under the following tariff Limit for Final Results of Antidumping 0.30 percent of cobalt, or numbers: 7225.11.00.00, 7225.19.00.00, Duty Administrative Review, 69 FR 0.40 percent of lead, or 7225.30.30.50, 7225.30.70.00, 22761 (April 27, 2004). 1.25 percent of nickel, or 7225.40.70.00, 7225.99.00.90, The Department has conducted this 0.30 percent of tungsten, or 7226.11.10.00, 7226.11.90.30, administrative review in accordance 0.10 percent of molybdenum, or 7226.11.90.60, 7226.19.10.00, with section 751 of the Tariff Act of 0.10 percent of niobium, or 7226.19.90.00, 7226.91.50.00, 1930, as amended (the Act). 0.15 percent of vanadium, or 7226.91.70.00, 7226.91.80.00, and 0.15 percent of zirconium Scope of the Review 7226.99.00.00. Subject merchandise The products covered by the All products that meet the physical may also enter under 7210.70.30.00, antidumping duty order are certain hot- and chemical description provided 7210.90.90.00, 7211.14.00.30, rolled carbon steel flat products of a above are within the scope of the order 7212.40.10.00, 7212.40.50.00, and rectangular shape, of a width of 0.5 inch unless otherwise excluded. The 7212.50.00.00. Although the HTSUS or greater, neither clad, plated, nor following products, by way of example, subheadings are provided for coated with metal and whether or not are outside or specifically excluded convenience and customs purposes, the painted, varnished, or coated with from the scope of the order: written description of the merchandise plastics or other non-metallic Alloy hot-rolled steel products in subject to review is dispositive. substances, in coils (whether or not in which at least one of the chemical Period of Review successively superimposed layers), elements exceeds those listed above regardless of thickness, and in straight (including, e.g., American Society for The period of review (POR) is May 3, lengths, of a thickness of less than 4.75 Testing and Materials (ASTM) 2001, through November 30, 2002. specifications A543, A387, A514, A517, mm and of a width measuring at least Analysis of Comments Received 10 times the thickness. Universal mill A506). plate (i.e., flat-rolled products rolled on Society of Automotive Engineers All issues raised in the case briefs four faces or in a closed box pass, of a (SAE)/American Iron & Steel Institute submitted by Essar and petitioners are width exceeding 150 mm, but not (AISI) grades of series 2300 and higher. contained in the Issues and Decision exceeding 1250 mm, and of a thickness Ball bearing steels, as defined in the Memorandum from Jeffery A. May, of not less than 4.0 mm, not in coils and HTSUS. Deputy Assistant Secretary, to James J. without patterns in relief) of a thickness Tool steels, as defined in the HTSUS. Jochum, Assistant Secretary for Import not less than 4.0 mm is not included Silico-manganese (as defined in the Administration (Issues and Decision within the scope of the order. HTSUS) or silicon electrical steel with Memorandum). The Issues and Decision Specifically included within the a silicon level exceeding 2.25 percent. Memorandum is dated concurrently scope of the order are vacuum degassed, ASTM specifications A710 and A736. with this notice and hereby adopted by fully stabilized (commonly referred to as USS abrasion-resistant steels (USS AR this notice. A list of the issues which 400, USS AR 500). the parties have raised is attached to 1 Petitioners in this case are United States Steel All products (proprietary or this notice as an appendix. Parties can Corporation and Nucor Corporation. otherwise) based on an alloy ASTM find a complete discussion of all issues

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raised in this administrative review, and others’’ rate of 38.72 percent, which is and terms of an APO is a violation the corresponding recommendations, in the ‘‘all others’’ rate established in the which is subject to sanction. the Issues and Decision Memorandum LTFV investigation.2 See We are issuing the review results and which is on file in the Central Records Notice of Amended Final Antidumping publishing this notice in accordance Unit, room B–099 of the main Duty Determination of Sales at Less with sections 751(a)(1) and 777(i)(1) of Department of Commerce building. In Than Fair Value and Antidumping Duty the Act. addition, a complete version of the Order: Certain Hot-Rolled Carbon Steel Dated: June 21, 2004. Issues and Decision Memorandum can Flat Products From India 66 FR 60194 James J. Jochum, be accessed directly on the Web at (December 3, 2001). These deposit Assistant Secretary for Import http://ia.ita.doc.gov/frn. The paper copy requirements, when imposed, shall Administration. and electronic version of the Issues and remain in effect until publication of the Decision Memorandum are identical in final results of the next administrative Appendix—Issues in Decision content. review. Memorandum Changes Since the Preliminary Results Assessment Comment 1: Whether the Department Should Base Essar’s Dumping Margin on Based on our analysis of comments The Department will determine, and Total Adverse Facts Available. received, we made the following CBP will assess, antidumping duties on Comment 2: Whether the Adverse changes in the comparison and margin all appropriate entries of subject Inferences Made With Respect to Essar in the calculation programs. merchandise in accordance with these Preliminary Results of Review are 1. We increased Essar’s cost of Sufficiently Adverse. final results. The Department will issue Comment 3: Whether Essar Under- manufacturing by the amount of power assessment instructions directly to CBP Reported its Interest Expense. costs deferred during the POR. within 15 days of publication of these Comment 4: Whether the Department 2. We increased Essar’s export price final results of review. The Department Should Increase Essar’s U.S. Price by the by the amount of the countervailing will direct CBP to assess the resulting Amount of Duty Drawback Claimed. duty imposed to offset the export assessment rate against the entered Comment 5: Whether Essar Under- subsidy found in the companion final customs values of the subject Reported its Electricity Expense. Comment 6: Ministerial Errors. results of the countervailing duty review merchandise on each of the importer’s of HRS. See Final Results of entries during the review period. [FR Doc. 04–14620 Filed 6–25–04; 8:45 am] Countervailing Duty Administrative BILLING CODE 3510–DS–P Review: Certain Hot-Rolled Carbon Steel Reimbursement of Duties Flat Products from India 69 FR 26549 This notice also serves as a final (May 13, 2004). reminder to importers of their DEPARTMENT OF COMMERCE 3. We corrected ministerial errors responsibility under 19 CFR related to the major input rule and 351.402(f)(2) to file a certificate International Trade Administration commission offset. regarding the reimbursement of [A–427–001] Final Results of Review antidumping duties or countervailing duties prior to liquidation of the Sorbitol from France: Final Results of Margin relevant entries during this review Expedited Sunset Review of Exporter/manufacturer (percent) period. Failure to comply with this Antidumping Duty Order requirement could result in the Essar Steel Co., Ltd ...... 0.00 AGENCY: Import Administration, Secretary’s presumption that International Trade Administration, reimbursement of the antidumping Department of Commerce. Cash Deposit Requirements duties or countervailing duties occurred ACTION: Notice of Final Results of the and the subsequent increase in The following cash deposit Second Expedited Sunset Review of antidumping duties by the full amount requirements will be effective upon Antidumping Duty Order on Sorbitol of the antidumping and/or publication of these final results for all from France. shipments of the subject merchandise countervailing duties reimbursed. entered, or withdrawn from warehouse, Administrative Protective Orders SUMMARY: On February 2, 2004, the for consumption on or after the Department of Commerce (‘‘the publication date of these final results of This notice also serves as a reminder Department’’) published the notice of administrative review, as provided by to parties subject to administrative initiation of the second sunset review of section 751(a)(1) of the Act: (1) The cash protective orders (APOs) of their the antidumping duty order on sorbitol deposit rate for the reviewed company responsibility concerning the return or from France (69 FR 4921) pursuant to will be zero; (2) for previously destruction of proprietary information section 751(c) of the Tariff Act of 1930, investigated or reviewed companies not disclosed under APO in accordance as amended (‘‘the Act’’). On the basis of listed above, the cash deposit rate will with 19 CFR 351.305, which continues the notice of intent to participate and continue to be the company-specific rate to govern business proprietary adequate substantive comments filed on published for the most recent period; (3) information in this segment of the behalf of domestic interested parties and if the exporter is not a firm covered in proceeding. Timely written notification inadequate response from respondent this review, a prior review, or the of the return/destruction of APO interested parties, we determined to original less-than-fair-value (LTFV) materials or conversion to judicial conduct an expedited (120–day) sunset investigation, but the manufacturer is, protective order is hereby requested. review. As a result of this review, we the cash deposit rate will be the rate Failure to comply with the regulations find that revocation of the antidumping established for the most recent period duty order would be likely to lead to for the manufacturer of the 2 The ‘‘all others’’ cash deposit rate, applied by continuation or recurrence of dumping merchandise; and (4) the cash deposit U.S. Customs and Border Protection (CBP), is at the levels listed below in the section reduced to account for the export subsidy rate rate for all other manufacturers or found in the countervailing duty investigation. The entitled ‘‘Final Results of Review.’’ exporters will continue to be the ‘‘all adjusted ‘‘all others’’ rate is 23.87 percent. EFFECTIVE DATE: June 28, 2004.

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FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received DEPARTMENT OF COMMERCE Hilary E. Sadler, Esq., Office of Policy for Import Administration, International All issues raised in this case are National Institute of Standards and Trade Administration, U.S. Department addressed in the ‘‘Issues and Decision Technology of Commerce, 14th Street and Memorandum’’ (‘‘Decision Memo’’) Constitution Avenue, NW, Room 2837, from Ronald K. Lorentzen, Acting Judges Panel of the Malcolm Baldrige Washington, DC, 20230; telephone: Director, Office of Policy, Import National Quality Award Administration, to James J. Jochum, (202) 482–4340. AGENCY: Assistant Secretary for Import National Institute of Standards SUPPLEMENTARY INFORMATION: Administration, dated June 15, 2004, and Technology, Department of Commerce. Background which is hereby adopted by this notice. The issues discussed in the Decision ACTION: Notice of partially closed On February 2, 2004, the Department Memo include the likelihood of meeting. published the notice of initiation of the continuation or recurrence of dumping SUMMARY: Pursuant to the Federal second sunset review of the and the magnitude of the margin likely Advisory Committee Act, 5 U.S.C. app. antidumping duty order on sorbitol to prevail if the finding were to be 2, notice is hereby given that the Judges from France pursuant to section 751(c) revoked. Parties can find a complete Panel of the Malcolm Baldrige National of the Act.1 The Department received discussion of all issues raised in this Quality Award will meet Thursday, July the Notice of Intent to Participate on review and the corresponding 29, 2004. The Judges Panel is composed behalf of SPI Polyols, Inc. (‘‘SPI’’), recommendations in this public of nine members prominent in the field Archer Daniels Midland Company memorandum, which is on file in room of quality management and appointed (‘‘ADM’’), and Roquette America B–099 of the main Commerce Building. by the Secretary of Commerce. The (‘‘RA’’), the domestic interested parties, In addition, a complete version of the purpose of this meeting is to review the within the deadline specified in section Decision Memo can be accessed directly stage 1 process, consideration for 351.218(d)(1)(I) of the Department’s on the Web at http://ia.ita.doc.gov/frn, moving applicants forward, review of Regulations (‘‘Sunset Regulations’’). under the heading ‘‘June 2004.’’ The stage 1 data and selection of applicants ADM and SPI claimed interested party paper copy and electronic version of the for consensus, provide guidance for the status under section 771(9)(C) of the Decision Memo are identical in content. Examiners on scoring, summary of Act, as domestic producers of sorbitol. feedback to Judges from the 2003 Team Final Results of Review RA claimed interested party status as a Leaders’ calls, new Judge mentoring domestic producer and as an importer of We determine that revocation of the process, evaluation process flowchart the subject merchandise. We received a antidumping duty finding on sorbitol enhancements, site visit planning complete substantive responses from all from France would be likely to lead to improvements, pre-site visit conference domestic interested parties within the continuation or recurrence of dumping call with Team Leaders, November 30–day deadline specified in the Sunset at the following weighted–average meeting process, and summary of Regulations under section percentage margins: Improvement Day. The applications 351.218(d)(3)(i). under review contain trade secrets and We received a substantive response Manufacturers/Export- Weighted–Average proprietary commercial information from one respondent interested party, ers/Producers Margin Percent submitted to the Government in Amylum France SAS (‘‘Amylum’’), in confidence. All visitors to the National Roquette Freres ...... 2.9 this proceeding. Amylum’s response All Others ...... 2.9 Institute of Standards and Technology accounted for less than 50 percent of the site will have to pre-register to be exports of sorbitol from France to the admitted. Anyone wishing to attend this This notice also serves as the only United States.2 As a result, pursuant to meeting must register 48 hours in reminder to parties subject to section 751(c)(5)(A) of the Act and 19 advance in order to be admitted. Please administrative protective orders CFR 351.218(e)(2)(i), the Department submit your name, time of arrival, (‘‘APO’’) of their responsibility conducted an expedited (120–day) e-mail address and phone number to concerning the return or destruction of sunset review of this finding. Virginia Davis no later than Monday, proprietary information disclosed under July 26, 2004, and she will provide you Scope of Review APO in accordance with 19 CFR with instructions for admittance. Ms. 351.305 of the Department’s regulations. Davis’ e-mail address is The products covered in this order are Timely notification of the return or [email protected] and her phone shipments of crystalline sorbitol destruction of APO materials or number is 301/975–2361. (‘‘sorbitol’’), a polyol produced by the conversion to judicial protective order is DATES: hydrogenation of sugars (glucose), used hereby requested. Failure to comply The meeting will convene July in the production of sugarless gum, with the regulations and terms of an 29, 2004 at 9 a.m. and adjourn at 4:30 candy, groceries, and pharmaceuticals. APO is a violation which is subject to p.m. on July 29, 2004. It is estimated The above–described sorbitol is sanction. that the closed portion of the meeting classified under HTS subheading will last from 9 a.m. until 1 p.m. and the 2905.44.00. The HTS subheadings are We are issuing and publishing the open portion of the meeting will last provided for convenience and for results and notice in accordance with from 1 p.m. until 4:30 p.m. sections 751(c), 752, and 777(i)(1) of the customs purposes. The written ADDRESSES: The meeting will be held at Act. description remains dispositive. the National Institute of Standards and Dated: June 22, 2004. Technology, Building 222, Red Training 1 Initiation of Five-Year (Sunset) Reviews, 69 FR James J. Jochum, Room, Gaithersburg, Maryland 20899. 4921 (February 2, 2004). Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: Dr. 2 Memorandum to Ronald K. Lorentzen, Sunset Administration. Review of Sorbitol from France: Adequacy of Harry Hertz, Director, National Quality Respondent Interested Party Response to the Notice [FR Doc. 04–14618 Filed 6–25–04; 8:45 am] Program, National Institute of Standards of Initiation (March 16, 2004). BILLING CODE 3510–DS–S and Technology, Gaithersburg,

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Maryland 20899, telephone number measures technology and NIST Handbook 133, ‘‘Checking the Net (301) 975–2361. administration. Pursuant to (15 U.S.C. Contents of Packaged Goods.’’ 272(b)(6)), the National Institute of SUPPLEMENTARY INFORMATION: The NCWM Specifications and Tolerances Standards and Technology supports the Assistant Secretary for Administration, Committee with the concurrence of the General National Conference on Weights and Counsel, formally determined on Measures in order to promote General Code February 7, 2004, that the meeting of the uniformity among the States in the Item 310–1: This issue addresses the Judges Panel will be closed pursuant to complexity of laws, regulations, acceptable methods of marking the Section 10(d) of the Federal Advisory methods, and testing equipment that manufacturer’s name, device model Committee Act, 5 U.S.C. app. 2, as comprises regulatory control by the number, serial numbers, and other amended by Section 5(c) of the states of commercial weighing and required markings on electronic Government in the Sunshine Act, Public measuring. instruments. The acceptable methods Law 94–409. The meeting, which DATES: July 11–15, 2004. under consideration are permanent involves examination of Award markings on the exterior of the device applicant data from U.S. companies and ADDRESSES: Conference will be held at or displaying the information on the a discussion of this data as compared to Hilton Pittsburgh & Towers Hotel, 600 display screen of the monitor for a the Award criteria in order to Commonwealth Place, Gateway Center, measuring instrument. recommend Award recipients, may be Pittsburgh, PA. Written comments may closed to the public in accordance with be submitted to the Chief, NIST Weights Scales Code Section 552b(c)(4) of Title 5, United and Measures Division, 100 Bureau Item 320–1: This issue addresses the States Code, because the meetings are Drive, Stop 2600, Gaithersburg, MD conditions under which manual weight likely to disclose trade secrets and 20899–2600, or via e-mail at entries will be permitted when using commercial or financial information [email protected]. commercial scales. obtained from a person which is Item 320–3: Clarify that the words FOR FURTHER INFORMATION CONTACT: privileged or confidential. ‘‘Section Capacity’’ may be abbreviated Henry V. Oppermann, Chief, NIST, Dated: June 18, 2004. when marked on scales for which the Weights and Measures Division, 100 marking of the section capacity is Hratch G. Semerjian, Bureau Drive, Stop 2600, Gaithersburg, required. Acceptable abbreviations for Acting Director. MD 20899–2600. Telephone (301) 975– ‘‘section capacity’’ are specified. [FR Doc. 04–14614 Filed 6–25–04; 8:45 am] 4004, or e-mail: [email protected]. BILLING CODE 3510–13–P Item 320–4: Add a statement that SUPPLEMENTARY INFORMATION: The weight carts that have mass values National Conference on Weights and accurate within one-third of the DEPARTMENT OF COMMERCE Measures (NCWM) has the following tolerance to be applied to the scale topics scheduled for discussion and under test may be used in the test of the National Institute of Standards and vote at the Annual Meeting in July. The scale. Technology NCWM Committees may modify their Item 320–5: The proposal is to clarify recommendations at the meeting or that the discrimination test conducted Weights and Measures Annual Meeting remove items from voting status based on scales that automatically indicate the AGENCY: National Institute of Standards upon comments that are received prior applied loads may be tested near zero and Technology, Commerce. to and during the NCWM Annual and near the maximum test load. Meeting. Additional items will be ACTION: Announcement of public Item 320–6: Clarify the requirement discussed at the meeting, but are not meeting of the 89th Annual Meeting of that the minimum number of scale scheduled for a vote this year. Please see the National Conference on Weights and divisions for a Class III hopper scale NCWM Publication 16, which is Measures. used to weigh grain is 2000 scale available on the NIST Web site (http:// divisions. SUMMARY: Notice is hereby given that www.nist.gov/owm) and the NCWM Belt-Conveyor Scales Code the annual meeting of the National Web site (http://www.ncwm.net) for Conference on Weights and Measures additional information. The following Item 321–1: Modify the range of will be held July 11 through July 15, provides a brief description of the indicated flow rates for a belt conveyor 2004, at the Hilton Pittsburgh & Towers voting items. The NCWM Specifications scale to be from 20% to 100% rather Hotel, Pittsburgh, PA. This meeting is and Tolerances Committee addresses than from 35% to 98% to align the open to the public. Meeting registration possible changes or additions to NIST requirement with International and hotel information can be found on Handbook 44, ‘‘Specifications, Organization of Legal Metrology (OIML) the NCWM Web site (http:// Tolerances, and other Technical Recommendation 50 for belt-conveyor www.ncwm.net). Requirements for Weighing and scales. The National Conference on Weights Measuring Devices.’’ The items address Item 321–2: Modify the test and Measures is an organization of commercial weighing and measuring requirements for belt-conveyor scales to weights and measures enforcement devices that may be used in commercial require that they be tested over the officials of the states, counties, and measurement applications, that is, range of flow rates at which it may be cities of the United States, and private devices that are normally used to buy used, rather than at only one flow rate sector representatives. The annual from or sell to the general public or used near its used capacity. meeting of the Conference brings for determining the quantity of product Item 321–3: Modify the statement of together enforcement officials, other sold among businesses. Issues on the how zero stability of a belt-conveyor government officials, and agenda of the NCWM Laws and scale is expressed and establish a representatives of business, industry, Regulations Committee relate to NIST tolerance for the stability of zero on a trade associations, and consumer Handbook 130, ‘‘Uniform Laws and belt-conveyor scale. organizations to discuss subjects that Regulations in the area of legal Item 321–4: Clarify the limits for the related to the field of weights and metrology and engine fuel quality,’’ and required uniformity of the weight (i.e.,

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the consistency of the weight) of the belt of requirements to apply to these NCWM Laws and Regulations on a belt-conveyor scale. systems when meters are equipped with Committee Item 321–5: Modify (reduce) the temperature compensation capability. Item 236–1: Amend the Uniform tolerance for the temperature effect on The requirements include specifications National Type Evaluation Regulation to the zero-load indication to be consistent for the metering system, instructions for recognize the current practice to with the latest version of International testing these systems, tolerances for the perform type evaluation of main Organization of Legal Metrology systems, and requirements for the users elements of commercial weighing and Recommendation 50 for belt-conveyor of these systems. These proposed measuring devices separately and allow scales. changes would apply to temperature these evaluated main elements to be Item 321–6: Modify a requirement for compensating systems when they are connected (‘‘mixed and matched’’) with the users of belt-conveyor scales that the present on VTMs and are consistent other main elements that have been weighing section of a belt-conveyor with the requirements for temperature evaluated and found to meet the scale, and any guards associated with compensation in other device codes in applicable requirements. the scale, have adequate clearances to Handbook 44. The requirements do not Item 237–2: Amend the uniform prevent accidental interference with the mandate the use of temperature ‘‘Engine Fuels, Petroleum Products, and weighing operation. compensation on VTMs. Item 321–7: Add a requirement for the Automotive Lubricants Regulation’’ to users of belt-conveyor scales stating that LPG and Anhydrous Ammonia Liquid- include automatic transmission fluid, any material that has been weighed Measuring Devices Code gear oil, and lubricating oil, and add relevant labeling requirements to this shall not be returned to the weighing Item 332–1: Modify the requirement area and weighed again to prevent the uniform (model) regulation. for users of liquefied petroleum meters Item 237–3: Amend the uniform re-circulation of previously weighed to clearly indicate that a vapor-return material. ‘‘Engine Fuels, Petroleum Products, and line may be used on trucks and metering Automotive Lubricants Regulation’’ to Automatic Weighing Systems Code— systems for wholesale terminal include requirements for biodiesel Tentative Code deliveries of liquefied petroleum. products entering the marketplace. Item 324–1: The Automatic Weighing Multiple Dimension Measuring Devices Dated: June 18, 2004. Systems Code has been a tentative code Code—Tentative Code Hratch G. Semerjian, since 1996. The code applies to scales Item 358–1: These systems are used to Acting Director. that are weigh-labelers (both static and determine the weight, dimensions, or [FR Doc. 04–14615 Filed 6–25–04; 8:45 am] dynamic weighing) and automatic volumes of objects for the purpose of BILLING CODE 3510–03–P checkweighers. The proposal is to calculating freight, storage, or postal change the status of the Automatic charges. To clarify the requirements that Weighing Systems Code to a permanent must be met by the manufacturers and DEPARTMENT OF COMMERCE code. the users of these devices, the current National Oceanic and Atmospheric Liquid-Measuring Devices Code single table is being divided into two tables. One table contains the Administration Item 330–1: To facilitate the requirements applicable to reinspection of a meter that has been manufacturers and the second contains [I.D. 061804D] adjusted, add a requirement for devices the requirements applicable to users of that have multiple measuring elements, the devices. Endangered and Threatened Species; typically for those measuring elements Item 358–2: Modify how the Take of Anadromous Fish in retail motor fuel dispensers, to have dimensions are expressed for a way to clearly indicate which of the AGENCY: National Marine Fisheries dimensions above the maximum measuring elements was adjusted. One Service (NMFS), National Oceanic and dimensions that can be measured by the of several acceptable methods may be Atmospheric Administration, devices. used. Commerce Item 358–3: Clarify the type of device Item 330–2: Modify and clarify the ACTION: Notice of availability and considered to have two or more acceptable locations for placing the request for comment. required identification information on measuring elements and define the retail motor-fuel devices. measurement field for these devices. SUMMARY: NMFS has received an Item 330–5: Modify the definition of Item 358–4: Add guidance regarding application from the Bonneville Power a retail device to clarify which devices the types of objects that may be used to Administration (BPA) for a direct take are classified as retail devices rather test multiple dimension measuring permit pursuant to the Endangered than as wholesale devices, since some devices. The accuracy required for the Species Act of 1973, as amended (ESA). requirements are different for retail and test objects is also specified. The permit would authorize take of wholesale devices. Item 358–5: Clarify the language for ESA-listed anadromous fish species how the tolerance for the devices is associated with monitoring of salmon Vehicle-Tank Meters Code stated. and steelhead in Nason Creek, a Item 331–1: A number of states or Item 358–6: Clarify the parameters for tributary of the Wenatchee River in local weights and measures jurisdictions alternating and direct current power Washington. The duration of the permit the use of temperature supplies over which the devices are proposed Permit is 5 years. This notice compensation on vehicle-tank meters required to perform correctly and within serves to notify the public of the receipt used to deliver refined petroleum tolerance. of the application and to give the public products (e.g., gasoline, fuel oil, and Item 358–7: The Multiple Dimension an opportunity to review and comment diesel fuel). Currently, the Vehicle-Tank Measuring Devices Code has been a on the document. All comments Meter (VTM) Code does not have any tentative code since 1996. The proposal received will become part of the public requirements for these metering is to change the status of the Code to a record and will be available for review systems. The proposal is to add a series permanent code. pursuant to the ESA.

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DATES: Written comments from ESA-listed anadromous fish species 9:15 a.m. – 11:30 a.m.—Receive interested parties on the Permit associated with monitoring of salmon public testimony on the Reef Fish application must be received at the and steelhead in Nason Creek, a Amendment 23 (Vermilion Snapper appropriate address or fax number (see tributary of the Wenatchee River in Rebuilding Plan) and Applications for ADDRESSES) no later than 5 pm Pacific Washington. The monitoring will enable Exempted Fishing Permits (if any). daylight time on July 28, 2004. collection of data to estimate natural 1 p.m. – 2:15 p.m.—Receive a ADDRESSES: Written comments on the and hatchery-origin production and presentation on the National Marine application should be sent to Kristine productivity and other life history Fisheries Service (NMFS) Highly Petersen, Salmon Recovery Division, F/ parameters, as well as to help evaluate Migratory Species (HMS) Amendment 2. NWR1, 525 NE Oregon Street, Suite 510, the effects of supplementation programs 2:15 p.m. – 2:45 p.m.—Receive the Portland, OR 97232 or faxed to (503) in the Wenatchee River Basin. Shrimp Management Committee report. 872–2737. Comments on this draft EA This notice is provided pursuant to 2:45 p.m. – 3:30 p.m.—Receive the may be submitted by e-mail. The section 10(c) of the ESA. NMFS will Joint Reef Fish/Mackerel Management mailbox address for providing e-mail evaluate the application, associated Committee report. comments is [email protected]. documents, and comments submitted 3:30 p.m. – 4:15 p.m.—Receive the Include in the subject line the following thereon to determine whether the Mackerel Management Committee document identifier: ‘‘Nason Creek application meets the requirements of Report. application’’. Federal e-rulemaking section 10(a)(1)(A) of the ESA. If it is 4:15 p.m. – 5:30 p.m.—(Closed portal: http:www.regulations.gov. The determined that the requirements are Session) - Receive the report of the Joint documents are also available on the met, a permit will be issued to the BPA Personnel/Administrative Policy Internet at www.nwr.noaa.gov/1sustfsh/ for the monitoring actions in Nason Committee. Creek. NMFS will publish a record of its 10permits/. Requests for copies of the July 15, 2004 permit application should be directed to final action in the Federal Register. the Salmon Recovery Division, F/ Dated: June 22, 2004. 8:30 a.m. – 10:30 a.m.—Receive the Reef Fish Management Committee NWR1, 525 NE Oregon Street, Suite 510, Phil Williams, Portland, OR 97232. Comments received Report. Chief, Endangered Species Division, Office 10:30 a.m. – 11 a.m.—Receive the will also be available for public of Protected Resources, National Marine inspection, by appointment, during Fisheries Service. report of the Joint Personnel/ Administrative Policy Committee. normal business hours by calling (503) [FR Doc. 04–14624 Filed 6–25–04; 8:45 am] 230–5409. 11 a.m. – 11:15 a.m.—Receive the BILLING CODE 3510–22–S South Atlantic Fishery Management FOR FURTHER INFORMATION CONTACT: Council (SAFMC) Liaison report. Kristine Petersen, Portland, OR (ph: 11:15 a.m. – 11:30 a.m.—Receive (503)230–5409, fax: (503)872–2737, e- DEPARTMENT OF COMMERCE Enforcement Reports. mail: [email protected]). National Oceanic and Atmospheric 11:30 a.m. – 11:45 a.m.—Receive the SUPPLEMENTARY INFORMATION: This Administration NMFS Regional Administrator’s Report. notice is relevant to the following 11:45 a.m. – 12:15 p.m.—Receive species and evolutionarily significant [I.D. 062104B] Director’s Reports. units (ESUs): Gulf of Mexico Fishery Management 12:15 p.m. – 12:30 p.m.—Other Steelhead (Oncorhynchus mykiss): Business endangered, naturally produced and Council; Public Meetings Committees artificially propagated Upper Columbia AGENCY: National Marine Fisheries River (UCR). Service (NMFS), National Oceanic and July 12, 2004 Chinook salmon (O. tshawytscha): Atmospheric Administration (NOAA), 1 p.m. – 3:30 p.m.—Convene the endangered, naturally produced and Commerce. artificially propagated, UCR spring-run. Shrimp Management Committee to ACTION: Notice of public meeting. review the public hearing draft of Background SUMMARY: The Gulf of Mexico Fishery Shrimp Amendment 13 that includes Section 9 of the ESA and Federal Management Council will convene alternatives for setting maximum regulations prohibit the ‘‘taking’’ of a public meetings. sustainable yield (MSY), optimum yield (OY), overfishing, overfished definitions species listed as endangered or DATES: The meetings will be held on threatened. The term ‘‘take’’ is defined July 12–15, 2004. for shrimp, and also includes under the ESA to mean harass, harm, alternatives for evaluating shrimp trawl ADDRESSES: These meetings will be held bycatch. The committee will also pursue, hunt, shoot, wound, kill, trap, at the Omni Houston Hotel, 4 Riverway, receive presentations by NOAA capture, or collect, or to attempt to Houston, TX; telephone: 713–871–8181. Enforcement on a case study of illegal engage in any such conduct. NMFS may Council address: Gulf of Mexico shrimp trawling in the Gulf and by issue permits, under limited Fishery Management Council, 3018 NMFS on the status of Gulf shrimp circumstances, to take listed species for North U.S. Highway 301, Suite 1000, stocks. scientific purposes or to enhance the Tampa, FL 33619. propagation or survival of the species 3:30 p.m. – 5:30 p.m.—Convene the FOR FURTHER INFORMATION CONTACT: under section 10(a)(1)(A) of the ESA. Joint Reef fish/Mackerel Management Wayne E. Swingle, Executive Director, NMFS regulations governing permits for Committee to review both the public Gulf of Mexico Fishery Management threatened and endangered species are hearing draft of Reef Fish Amendment Council; telephone: (813) 228–2815. promulgated at 50 CFR 222.307. 24 and Mackerel Amendment 15 that SUPPLEMENTARY INFORMATION: proposes creating a limited access Application Received Council system for both of these fisheries. The On May 20, 2004, the BPA submitted joint committee will also review public an application to NMFS for an ESA July 14, 2004 comments on a Scoping Document for section 10(a)(1)(A) permit for the take of 9 a.m.—Convene. an Amendment for the Extension of the

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Charter Vessel/Headboat Permit Special Accommodations reconsideration of the approach adopted Moratorium. Finally, the joint These meetings are physically to establish limited access qualification committee will discuss problems with accessible to people with disabilities. criteria now under consideration for implementation of the current Requests for sign language inclusion Amendment 1 to the Herring moratorium and possible actions. interpretation or other auxiliary aids Fishery Management Plan (FMP). The element to be discussed relates only to July 13, 2004 should be directed to Trish Kennedy at the Council (see ADDRESSES) by July 2, the proposed criteria that requires 8:30 a.m. to 11:30 a.m.—Convene the 2004. vessels to document historical landings Joint Personnel/Administrative Policy from one or more specific management Dated: June 22, 2004. Committee in a session closed to the areas. Alan D. Risenhoover, public to revise the Council’s Statement Wednesday, July 14, 2004 of Practices and Procedures (SOPPs) and Acting Director, Office of Sustainable the Administrative Handbook of Fisheries, National Marine Fisheries Service. During the Wednesday morning Policies and Procedures which regulates [FR Doc. E4–1413 Filed 6–25–04; 8:45 am] session Council will review issues personnel. BILLING CODE 3510–22–S identified for inclusion in Framework Adjustment 40B to the Northeast 1 p.m. – 2:30 p.m.—Convene the Multispecies FMP. It also will receive a Mackerel Management Committee to DEPARTMENT OF COMMERCE report from its Scientific and Statistical review the Options Paper for Mackerel Committee (SSC) Chairman with SSC Amendment 16 and review actions of National Oceanic and Atmospheric advice how to use stock assessment the Joint South Atlantic/Gulf Council Administration advice in light of changing assessments Mackerel Management Committee and retrospective patterns in fishing meeting that was held in June. The [I.D. 062204B] mortality and biomass estimates. The committee will receive a presentation New England Fishery Management afternoon period will include an open on the National Mercury Working Group Council; Public Meeting public comment period during which Report. the audience may address issues that are AGENCY: National Marine Fisheries 2:30 p.m.– 5:30 p.m.—Convene the relevant to Council business but not Service (NMFS), National Oceanic and Reef Fish Management Committee to listed on the meeting agenda. A report Atmospheric Administration (NOAA), review public comments and by the Stellwagen Bank National Marine Commerce. recommend final action on the Final Sanctuary Superintendent will follow Reef Fish Amendment 23 (vermilion ACTION: Notice of a public meeting. and include an update on the snapper rebuilding plan) that contains SUMMARY: The New England Fishery sanctuary’s management plan review alternatives for arresting overfishing of process which is currently underway. that stock by commercial and Management Council (Council) will hold a 3–day Council meeting on July The Northeast Fisheries Science Center recreational fishermen. The committee will provide a update new will also review and revise the Draft 13–15, 2004, to consider actions affecting New England fisheries in the developments related to its bottom trawl Scoping Document for the Red Snapper surveys. Individual Fishing Quota (IFQ) System exclusive economic zone (EEZ). that will be presented at hearings in DATES: The meeting will be held on Thursday, July 15, 2004 Tuesday, July 13, 2004 beginning at 9 August. The committee will also receive The Habitat/Marine Protected Area a.m. and on Wednesday and Thursday, a report on the status of grouper for Committee will summarize and review July 14 and 15, beginning at 8:30 a.m. 2004 and may take action accordingly. comments received during the formal Although other non-emergency issues ADDRESSES: The meeting will be held at scoping period for Essential Fish Habitat not on the agendas may come before the the Holiday Inn by the Bay, 88 Spring Omnibus Amendment 2. Following this Council and Committees for discussion, Street, Portland, ME 04101; telephone: discussion the Council will consider in accordance with the Magnuson- (207)775–2311. approving goals and objectives for the Stevens Fishery Conservation and Council address: New England amendment based on the committee’s Management Act, those issues may not Fishery Management Council, 50 Water recommendations. Reports on recent be the subject of formal action during Street, Mill 2, Newburyport, MA 01950. activities will be provided by the these meetings. Actions of the Council FOR FURTHER INFORMATION CONTACT: Paul Council Chairman and Executive and Committees will be restricted to J. Howard, Executive Director, New Director, the NMFS Regional those issues specifically identified in England Fishery Management Council; Administrator, Northeast Fisheries the agendas and any issues arising after telephone: (978) 465–0492. Science Center and Mid-Atlantic publication of this notice that require SUPPLEMENTARY INFORMATION: Fishery Management Council liaisons, emergency action under Section 305(c) NOAA General Counsel and of the Magnuson-Stevens Act, provided Tuesday, July 13, 2004 representatives of the U.S. Coast Guard, the public has been notified of the Following introductions, the Council NMFS Enforcement and the Atlantic Council’s intent to take action to will further discuss improvements to States Marine Fisheries Commission. address the emergency. The established the Council process and alternative The last item on the agenda will be a times for addressing items on the approaches to management problems. presentation of the advisory report from agenda may be adjusted as necessary to The Herring Committee, its Plan the 39th Northeast Regional Stock accommodate the untimely completion Development Team and Advisory Panel Assessment Workshop (SAW). The of discussion relevant to other agenda is then scheduled to report on briefing will include information on the items. In order to further allow for such recommendations for herring fishery status of sea scallops and black bass and adjustments and completion of all items specifications for the 2005 fishing year. a discussion of the new SAW stock on the agenda, the meeting may be The Council is scheduled to approve the assessment model. Any other extended from, or completed prior to specifications at this meeting. The day outstanding business will be addressed the date established in this notice. will conclude with possible at the end of the day.

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Although other non-emergency issues Council address: New England COMMITTEE FOR THE not contained in this agenda may come Fishery Management Council, 50 Water IMPLEMENTATION OF TEXTILE before this Council for discussion, those Street, Newburyport, MA 01950. AGREEMENTS issues may not be the subjects of formal FOR FURTHER INFORMATION CONTACT: Paul action during this meeting. Council J. Howard, Executive Director, New Adjustment of Import Limits for Certain action will be restricted to those issues England Fishery Management Council; Cotton and Man-Made Fiber Textile specifically listed in this notice and any telephone: (978) 465–0492. Products Produced or Manufactured in issues arising after publication of this SUPPLEMENTARY INFORMATION: When the Bangladesh notice that require emergency action Herring Advisory Panels meet from 9:30 June 22, 2004. under section 305(c) of the Magnuson- a.m. to 1:30 p.m., they will review AGENCY: Committee for the Stevens Act, provided that the public Herring Plan Development Team (PDT) Implementation of Textile Agreements has been notified of the Council’s intent and ASMFC Technical Committee (TC) (CITA). to take final action to address the analyses of TAC options and other ACTION: Issuing a directive to the emergency. elements of herring fishery Commissioner, Bureau of Customs and Special Accommodations specifications for 2005; provide advisory panel recommendation Border Protection adjusting limits. This meeting is physically accessible regarding final selection of 2005 EFFECTIVE DATE: June 28, 2004. to people with disabilities. Requests for specifications. They will also discuss sign language interpretation or other data issues regarding limited access FOR FURTHER INFORMATION CONTACT: Ross auxiliary aids should be directed to Paul qualification criteria proposed in Arnold, International Trade Specialist, J. Howard (see ADDRESSES) at least 5 Amendment 1; develop advisory panel Office of Textiles and Apparel, U.S. days prior to the meeting date. recommendation and discuss other Department of Commerce, (202) 482– 4212. For information on the quota Dated: June 23, 2004. elements of Amendment 1. When the Herring Oversight status of these limits, refer to the Quota Alan D. Risenhoover, Status Reports posted on the bulletin Acting Director, Office of Sustainable Committee and ASMFC Section meet from 3 p.m. to 6:30 p.m., they will boards of each Customs port, call (202) Fisheries, National Marine Fisheries Service. 927–5850, or refer to the Bureau of [FR Doc. E4–1429 Filed 6–25–04; 8:45 am] review Herring PDT/TC analyses of TAC options and other elements of herring Customs and Border Protection website BILLING CODE 3510–22–S fishery specifications for 2005; review at http://www.cbp.gov. For information advisory panel recommendations; on embargoes and quota re-openings, refer to the Office of Textiles and DEPARTMENT OF COMMERCE develop Committee/Section recommendations regarding final Apparel website at http:// National Oceanic and Atmospheric selection of 2005 specifications for otexa.ita.doc.gov. Administration Council consideration. They will also SUPPLEMENTARY INFORMATION: discuss data issues regarding limited [I.D. 061804A] Authority: Section 204 of the Agricultural access qualification criteria proposed in Act of 1956, as amended (7 U.S.C. 1854); New England Fishery Management Amendment 1; review advisory panel Executive Order 11651 of March 3, 1972, as Council; Public Meetings recommendations; develop committee amended. recommendation for Council The current limits for certain AGENCY: National Marine Fisheries consideration and discuss other categories are being adjusted for the Service (NMFS), National Oceanic and elements of Amendment 1. recrediting of unused carryforward, Atmospheric Administration (NOAA), Although non-emergency issues not swing, and special shift. Commerce contained in this agenda may come A description of the textile and ACTION: Notice of a public meeting. before this group for discussion, those apparel categories in terms of HTS issues may not be the subject of formal numbers is available in the SUMMARY: The New England Fishery action during this meeting. Action will CORRELATION: Textile and Apparel Management Council (Council) is be restricted to those issues specifically Categories with the Harmonized Tariff scheduling a public meeting of its listed in this notice and any issues Schedule of the United States (see Herring Advisory Panel and Oversight arising after publication of this notice Federal Register notice 69 FR 4926, Committee along with the Atlantic that require emergency action under published on February 2, 2004). Also States Marine Fisheries Commission section 305(c) of the Magnuson-Stevens see 68 FR 59915, published on October (ASMFC) Herring Advisory Panel and Act, provided the public has been 20, 2003. Section in July, 2004. Recommendations notified of the Council’s intent to take D. Michael Hutchinson, from these committees will be brought final action to address the emergency. to the full Council for formal Acting Chairman, Committee for the Special Accommodations consideration and action, if appropriate. Implementation of Textile Agreements. DATES: The meeting will held on This meeting is physically accessible Committee for the Implementation of Textile Monday, July 12, 2004; the Council and to people with disabilities. Requests for Agreements ASMFC advisory panels will meet sign language interpretation or other June 22, 2004. jointly from 9:30 a.m. until 1:30 p.m. auxiliary aids should be directed to Paul Commissioner, and a joint meeting of the Herring J. Howard (see ADDRESSES) at least 5 Bureau of Customs and Border Protection, Committee and the ASMFC Herring days prior to the meeting dates. Washington, DC 20229. Section will meet from 3 p.m. until 6:30 Dated: June 23, 2004. Dear Commissioner: This directive p.m. Alan D. Risenhoover, amends, but does not cancel, the directive issued to you on October 14, 2003, by the ADDRESSES: The meeting will be held at Acting Director, Office of Sustainable Chairman, Committee for the Implementation the Holiday Inn by the Bay, 88 Spring Fisheries, National Marine Fisheries Service. of Textile Agreements. That directive Street, Portland, ME 04101; telephone: [FR Doc. E4–1430 Filed 6–25–04; 8:45 am] concerns imports of certain cotton and man- (207) 775–2311. BILLING CODE 3510–22–S made fiber textile products, produced or

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manufactured in Bangladesh and exported Quota Status Reports posted on the Category Adjusted twelve-month during the twelve-month period which began bulletin boards of each Customs port, limit 1 on January 1, 2004 and extends through call (202) 927–5850, or refer to the December 31, 2004. Bureau of Customs and Border 645/646 ...... 401,104 dozen. Effective on June 28, 2004, you are directed to adjust the limits for the following Protection website at http:// 1 The limits have not been adjusted to ac- categories, as provided for under the Uruguay www.cbp.gov. For information on count for any imports exported after December Round Agreement on Textiles and Clothing: embargoes and quota re-openings, refer 31, 2003. to the Office of Textiles and Apparel The Committee for the Implementation of Category Adjusted twelve-month website at http://otexa.ita.doc.gov. Textile Agreements has determined that limit 1 these actions fall within the foreign affairs SUPPLEMENTARY INFORMATION: exception to the rulemaking provisions of 5 237 ...... 412,571 dozen. Authority: Section 204 of the Agricultural U.S.C. 553(a)(1). 334 ...... 347,327 dozen. Act of 1956, as amended (7 U.S.C. 1854); Sincerely, 335 ...... 482,716 dozen. Executive Order 11651 of March 3, 1972, as D. Michael Hutchinson, 336/636 ...... 819,469 dozen. amended. Acting Chairman, Committee for the 338/339 ...... 3,030,502 dozen. Implementation of Textile Agreements. 340/640 ...... 6,290,063 dozen. The current limits for certain [FR Doc. 04–14513 Filed 6–25–04; 8:45 am] 341 ...... 4,541,005 dozen. categories are being adjusted for swing BILLING CODE 3510–DR–M 342/642 ...... 905,604 dozen. and carryover. 347/348 ...... 4,541,618 dozen. 351/651 ...... 1,432,036 dozen. A description of the textile and 352/652 ...... 20,344,261 dozen. apparel categories in terms of HTS DEPARTMENT OF DEFENSE 363 ...... 49,306,807 numbers. numbers is available in the 369–S 2 ...... 3,294,902 kilograms. CORRELATION: Textile and Apparel Office of the Secretary 634 ...... 1,051,536 dozen. Categories with the Harmonized Tariff 635 ...... 676,904 dozen. Schedule of the United States (see Meeting of the Secretary’s Defense 638/639 ...... 3,222,691 dozen. Federal Register notice 69 FR 4926, Advisory Board (DAB) for Employer 641 ...... 1,313,465 dozen. Support of the Guard and Reserve 645/646 ...... 738,625 dozen. published on February 2, 2004). Also 647/648 ...... 3,277,718 dozen. see 68 FR 68597, published on (ESGR); Change in Location December 9, 2003. 1 The limits have not been adjusted to ac- AGENCY: Department of Defense. count for any imports exported after December D. Michael Hutchinson, ACTION: Notice. 31, 2003. 2 Category 369–S: only HTS number Acting Chairman, Committee for the Implementation of Textile Agreements. SUMMARY: The Department of Defense 6307.10.2005. published an announcement of a The Committee for the Implementation of Committee for the Implementation of Textile meeting of the Secretary’s Defense Textile Agreements has determined that Agreements Advisory Board (DAB) for Employer these actions fall within the foreign affairs June 22, 2004. Support of the Guard and Reserve on exception of the rulemaking provisions of 5 June 3, 2004 (69 FR 31370). This notice U.S.C. 553(a)(1). Commissioner, Sincerely, Bureau of Customs and Border Protection, announces a change in location for the D. Michael Hutchinson, Washington, DC 20229. first day of the meeting as follows: Day Acting Chairman, Committee for the Dear Commissioner: This directive 2: June 26, 2004—Hilton Hotel, 2399 Implementation of Textile Agreements. amends, but does not cancel, the directive Jefferson Davis Hwy, Arlington, VA [FR Doc. 04–14511 Filed 6–25–04; 8:45 am] issued to you on December 4, 2003, by the 22202; P.O.C: Tanya, 703–418–6800. Chairman, Committee for the Implementation BILLING CODE 3510–DR–S All other information remains of Textile Agreements. That directive unchanged. concerns imports of certain cotton, wool, and man-made fiber textile products, produced or Dated: June 23, 2004. COMMITTEE FOR THE manufactured in Cambodia and exported L.M. Bynum, IMPLEMENTATION OF TEXTILE during the twelve-month period which began Alternate OSD Federal Register Liaison AGREEMENTS on January 1, 2004 and extends through Officer, December 31, 2004. [FR Doc. 04–14645 Filed 6–23–04; 3:37 pm] Adjustment of Import Limits for Certain Effective on June 28, 2004, you are directed BILLING CODE 5001–06–M Cotton, Wool, and Man-Made Fiber to adjust the limits for the following Textile Products Produced or categories, as provided for in the agreement Manufactured in Cambodia between the Governments of the United DEPARTMENT OF DEFENSE States and Cambodia: June 22, 2004. Department of the Army AGENCY: Committee for the Adjusted twelve-month Category 1 Implementation of Textile Agreements limit Board of Vistors, United States Military (CITA). Academy ACTION: Issuing a directive to the 331/631 ...... 2,483 dozen pairs. Commissioner, Bureau of Customs and 334/634 ...... 273,233 dozen. AGENCY: Department of the Army, DoD. 335/635 ...... 104,382 dozen. Border Protection adjusting limits. ACTION: 338/339 ...... 4,295,705 dozen. Notice of open meeting. 340/640 ...... 1,274,624 dozen. EFFECTIVE DATE: June 28, 2004. SUMMARY: In accordance with section 345 ...... 132,240 dozen. 10(a)(2) of the Federal Advisory FOR FURTHER INFORMATION CONTACT: 347/348/647/648 ...... 4,590,367 dozen. Committee Act (Pub. L. 92–463), Naomi Freeman, International Trade 352/652 ...... 1,030,009 dozen. Specialist, Office of Textiles and 435 ...... 25,791 dozen. announcement is made of the following Apparel, U.S. Department of Commerce, 438 ...... 123,914 dozen. committee meeting: (202) 482–4212. For information on the 445/446 ...... 151,451 dozen. Name of Committee: Board of Visitors, quota status of these limits, refer to the 638/639 ...... 1,577,767 dozen. United States Military Academy.

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Date: Saturday, July 17, 2004. SUPPLEMENTARY INFORMATION: Anyone DATES: Written objections must be filed Place of Meeting: Superintendent’s wishing to object to the grant of this not later than July 13, 2004. Conference Room, Taylor Hall, Building 600, license can file written objections along ADDRESSES: 2nd floor, West Point, NY 10928. Send written objections to: with supporting evidence, if any, within United States Army Engineer Research Start Time of Meeting: Approximately 9 15 days from the date of this a.m. and Development Center, Cold Regions For Further Information Contact: publication. Written objections are to be Research and Engineering Laboratory, Lieutenant Colonel Edward C. Clark, United filed with the Command Judge 7701 Telegraph Road, Kingman States Military Academy, West Point, NY Advocate, U.S. Army Medical Research Building, Alexandria, VA 22315–3860. 10996–5000, (845) 938–4200. and Materiel Command, 504 Scott FOR FURTHER INFORMATION CONTACT: Ms. Supplementary Information: Proposed Street, Fort Detrick, Frederick, Maryland Sharon Borland, ATTN: CEERD–ZA–TT; Agenda: Summer Meeting of the Board of 21702–5012. Visitors. Review of the Academic, Military (703) 428–9112, FAX (703) 428–6275; e- and Physical Programs at the USMA. All Brenda S. Bowen, mail: proceedings are open. Alternate Army Federal Register Liaison [email protected]. Officer. Brenda S. Bowen, SUPPLEMENTARY INFORMATION: Patent No. [FR Doc. 04–14552 Filed 6–25–04; 8:45 am] Alternate Army Federal Register Liaison 6,584,709 entitled ‘‘Device for Removing BILLING CODE 3710–08–M Officer. Sludge from the Bottom of a Lagoon’’, [FR Doc. 04–14551 Filed 6–25–04; 8:45 am] inventors C. James Martel, Jr. and Dennis J. Lambert, issued July 1, 2003. BILLING CODE 3710–08–M DEPARTMENT OF DEFENSE The United States of America as Department of the Army; Corps of represented by the Secretary of the DEPARTMENT OF DEFENSE Engineers Army intends to grant an exclusive license in the manufacture, use, and sale Department of the Army Intent To Prepare an Environmental of the patented technology in the Impact Statement for the Ala Wai Canal territories and possessions of the U.S.A., Intent To Grant an Exclusive License Project, Hawaii to Sediment Control Systems, Inc., 454 of a U.S. Government-Owned Patent Shaker Blvd, Enfield, NH 03748. AGENCY: Department of the Army, U.S. Pursuant to 37 CFR 404.7(b)(1)(I), any AGENCY: Department of the Army, DoD. Army Corps of Engineers, DoD. interested party may file a written ACTION: Notice. ACTION: Notice; correction. objection to this prospective exclusive license agreement. SUMMARY: In accordance with 35 U.S.C. SUMMARY: The notice published in the 209 and 37 CFR 404.7(a)(1)(i), Federal Register of June 14, 2004 (69 FR Richard L. Frenette, announcement is made of the intent to 32996) contained an incorrect contact Counsel. grant an exclusive, royalty-bearing, telephone number for Mr. Derek Chow. [FR Doc. 04–14549 Filed 6–25–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: revocable license within the geographic Mr. BILLING CODE 3710–92–M area of the United States of America and Derek Chow, (808) 438–7009. its territories and possessions to U.S. Correction Patent No. 6,058,763, issued May 9, In the Federal Register of June 14, DELAWARE RIVER BASIN 2000 entitled ‘‘Apparatus and Method COMMISSION for Automated Biomonitoring of Water 2004, in FR Doc. 04–13269, on page 32996, in the third column, correct Mr. Quality;’’ U.S. Patent No. 6,393,899 Notice of Commission Meeting and Chow’s telephone number in the FOR issued May 28, 2002, entitled ‘‘An Public Hearing FURTHER INFORMATION CONTACT caption Apparatus and Method for Automated to read: 808–438–7009. Biomonitoring of Water Quality;’’ and Notice is hereby given that the U.S. Patent Application S.N. 10/ Brenda S. Bowen, Delaware River Basin Commission will 774,639, filed February 3, 2004 and Alternate Army Federal Register Liaison hold an informal conference followed claiming the benefit of S.N. 60/444,202, Officer. by a public hearing on Tuesday, July 13, filed February 3, 2003, entitled [FR Doc. 04–14550 Filed 6–25–04; 8:45 am] 2004. The hearing will be part of the ‘‘Apparatus and Method for Portable BILLING CODE 3710–NN–M Commission’s regular business meeting. Automated Biomonitoring of Water Both the conference session and Quality’’ to Intelligent Automation business meeting are open to the public Corporation with its principal place of DEPARTMENT OF DEFENSE and will be held at the Delaware River business at 13029 Danielson St., Suite Basin Commission in West Trenton, 200, Poway, CA 92064. Department of the Army; Corps of New Jersey. Engineers The conference among the ADDRESSES: Commander, U.S. Army commissioners and staff will begin at Medical Research and Materiel Intent To Grant an Exclusive License 9:30 a.m. Topics of discussion will Command, ATTN: Command Judge to Sediment Control Systems, Inc. include: An update on the Water Advocate, MCMR–JA, 504 Scott Street, Resources Plan for the Delaware River Fort Detrick, Frederick, MD 21702– AGENCY: Department of the Army, U.S. Basin (‘‘Basin Plan’’) and the Watershed 5012. Corps of Engineers, DoD. ACTION: Notice of intent. Summit scheduled for September 13– FOR FURTHER INFORMATION CONTACT: For 15; a proposed resolution for the patent issues, Ms. Elizabeth Arwine, SUMMARY: In accordance with 37 CFR minutes to finalize and produce copies Patent Attorney, (301) 619–7808. For 404.7(a)(1)(i), announcement is made of of the Basin Plan for the Watershed licensing issues, Dr. Paul Mele, Office of a prospective exclusive license of the Summit; a summary and discussion of Research & Technology Assessment, U.S. patent 6,584,709 which is more feedback from commissioners and the (301) 619–6664, both at telefax (301) fully described in SUPPLEMENTARY Water Quality Advisory Committee on 619–5034. INFORMATION section the Lower Delaware Water Quality

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Monitoring Report and on a staff Burlington County, New Jersey. The Stony Creek Watershed in Norristown recommendation that the Lower project withdrawal will replace the 0.2 Borough, Montgomery County in the Delaware be designated a Special mgd of water currently utilized from an Southeastern Pennsylvania Ground Protection Water; a discussion regarding on-site well in the New Jersey Critical Water Protected Area. the role of project review in connection Area of the PRM aquifer. The STP will 8. Vineland Kosher Poultry Company, with an upgrade of an undocketed point continue to discharge an average Inc. D–2004–9. An application for source discharge to Special Protection monthly flow of 1.67 mgd to Southwest approval of a ground water withdrawal Waters; a discussion regarding Branch Rancocas Creek during periods project to supply up to 7.2 mg/30 days preliminary feedback and alternatives to of peak usage. of water to the applicant’s poultry a draft rule to require waste 4. Town of Bovina D–2002–18 CP. An processing facility from new Well No. 4 minimization plans for point and non- application to construct a subsurface in the Kirkwood-Cohansey Formation, point dischargers; report and septic treatment system to process up to and to retain the existing withdrawal recommendations of the Data Quality 0.025 mgd from the Hamlet of Bovina from all wells of 7.2 mg/30 days. The Subcommittee of the Toxics Advisory Center in the Town of Bovina, Delaware project well is located in the Maurice Committee; and an update on letters to County, New York, which is adjacent to River watershed in the City of Vineland, be sent to dischargers to require the Little Delaware River upstream from Cumberland County, New Jersey. additional monitoring in accordance the Cannonsville Reservoir in the West 9. Riverton Borough D–2004–14 CP. with DRBC Resolution No. 2003–27. Branch Delaware River Watershed. The An application to revise Docket D–89– The subjects of the public hearing to hamlet is currently served by individual 92 CP to reflect the recent construction be held during the 1:30 p.m. business septic systems, many of which are of a sequencing batch reactor system meeting include the dockets listed failing. Following detention and needed to replace the trickling filter below: treatment in large septic tanks, process at the Riverton Sewage 1. TXU Pedricktown Cogeneration wastewater will be distributed to an Treatment Plant, which is located at the Co., L.P. D–92–37 2. An application for absorption field for final treatment and intersection of Third Street and the renewal of a ground water disposal; therefore, no discharge to Martha’s Lane in Riverton Borough, withdrawal project to continue surface water is proposed. Burlington County, New Jersey. The withdrawal of 24.55 million gallons per 5. Village of Fleischmanns D–2002–33 project modification continues to 30 days (mg/30 days) to supply the CP. An application to construct a 0.146 provide secondary treatment and applicant’s cogeneration facility from mgd Sewage Treatment Plant (STP) to effluent equalization, plus ultraviolet existing Wells Nos. PW–1, PW–2 and replace on-lot septic systems and to light disinfection prior to submerged PW–3 in the Potomac-Raritan-Magothy provide tertiary level treatment to the discharge to Pompeston Creek at its Formation in the Oldmans Creek predominantly residential area of the confluence with the Delaware River in Watershed. The project is located in Village of Fleischmanns in the Town of Water Quality Zone 2. The wastewater Oldmans Township, Salem County, Middletown, Delaware County, New treatment capacity has remained at 0.22 New Jersey. York. The plant will be constructed off mgd and the plant will continue to serve 2. Pennsylvania American Water Main Street between Grocholl and Town only Riverton Borough. Company D–99–30 CP 2. An application Roads, within the village, which it will 10. Tidewater Utilities, Inc. D–2004– for approval of a ground water exclusively serve. Following chemically 24 CP 1. An application for approval of withdrawal project to supply up to 5.83 enhanced sequencing batch reactor a ground water withdrawal project to mg/30 days of water to the applicant’s processing, STP effluent will be filtered, supply up to 18.5055 mg/30 days of Glen Alsace public water supply disinfected, and discharged to Bush Kill water to the applicant’s public supply distribution system from replacement upstream from Pepacton Reservoir in distribution system from Wells Nos. Well GL–2A in the Brunswick the drainage area of the Delaware River C01, C02, RG01, RG02, GG02 and GG03 Formation, and to retain the existing Basin Commission Special Protection in the Cheswold Formation, and to limit withdrawal from all wells at 50 mg/30 Waters. the existing withdrawal from all wells to days. Proposed replacement Well No. 6. Borough of East Greenville D–2004– 18.5055 mg/30 days. The project is GL–2A will replace former Well No. 3 CP. An application for approval of a located in the Saint Jones River GL–2 and is planned to be used as a ground water withdrawal project to Watershed in the Towns of Camden and regular source to the Glen Alsace supply up to 10.368 mg/30 days of Wyoming and the City of Dover, all in distribution system. The project also water to the applicant’s public water Kent County, Delaware. includes two existing interconnections distribution system from existing Well The Commission’s 1:30 p.m. business from the Reading Area Water Authority No. 1 in the Brunswick Formation and meeting also may include resolutions (45 mg/30 days) and the Mount Penn up to 350,000 gallons per day from an for the minutes to finalize and produce Water Authority (6 mg/30 days). The intake on Perkiomen Creek, and to limit copies of the Basin Plan; initiate notice project is located in the Antietam Creek the withdrawal from all sources to 10.5 and comment rulemaking processes to Watershed in Exeter Township, Berks mg/30 days. The project well is located amend the Water Quality Regulations, County, Pennsylvania. in the Perkiomen-Macoby Creek Water Code and Comprehensive Plan by 3. Evesham Municipal Utilities Watershed in Upper Hanover Township, (1) authorizing the Commission to Authority D–2000–29 CP. An Montgomery County in the Southeastern require waste minimization plans for application to modify the discharge of Pennsylvania Ground Water Protected certain pollutants and classes of the applicant’s Elmwood sewage Area. dischargers and (2) to designate the treatment plant (STP) to allow for 7. Delaware Valley Fish Company D– section of the main stem Delaware River rerouting of up to 0.3 million gallons 2004–8 1. An application for a ground known as the ‘‘Lower Delaware’’ as a per day (mgd) of treated effluent for water withdrawal project to increase Special Protection Water. These actions irrigation of the Evesham Township withdrawal from 2.8 mg/30 days to 5.7 will depend upon the outcome of Indian Spring Golf Course, located mg/30 days of water to supply the discussion during the morning approximately one-half mile southwest applicant’s fish holding tanks from conference session. In addition, the of the STP off Marlton Pike and existing Well No. DV–1 in the Stockton meeting will include: adoption of the Elmwood Road in Evesham Township, Formation. The project is located in the Minutes of the June 2, 2004 business

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meeting; announcements; a report on Rehabilitative Services may change the capacity is at the heart of an effective Basin hydrologic conditions; a report by maximum amount through a notice system. To support such a system means the executive director; and a report by published in the Federal Register. providing States and local school the Commission’s general counsel. Number of Awards: 1. districts with sufficient information and Draft dockets scheduled for public Note: The Department is not bound by any support to provide an underpinning for hearing on July 13, 2004 are posted on estimates in this notice. large-scale implementation efforts. Such the Commission’s web site, http:// activities can play a pivotal role in Project Period: Up to 60 months. www.drbc.net, where they can be building the capacity States and local accessed through the Notice of Full Text of Announcement districts need to support school-wide Commission Meeting and Public I. Funding Opportunity Description change. Hearing. Additional documents relating Priority: This priority will support a to the dockets and other items may be Purpose of Program: The purpose of cooperative agreement for a center examined at the Commission’s offices. the Technology and Media Services for (Center) to support SEAs and LEAs in Please contact William Muszynski at Individuals With Disabilities— implementing and evaluating selected 609–883–9500 ext. 221 with any docket- Technology Implementation Center practices that integrate technology into related questions. competition is to: (1) Improve results for sound teaching so children with Individuals in need of an children with disabilities by promoting disabilities will have access to the accommodation as provided for in the the development, demonstration, and general education curriculum and will Americans with Disabilities Act who use of technology; (2) support achieve to high educational standards. wish to attend the informational educational media activities designed to The Center’s activities in selecting meeting, conference session or hearings be of educational value to children with practices and in assisting SEAs and should contact the Commission disabilities; (3) provide support for LEAs in implementing practices must secretary directly at 609–883–9500 ext. some captioning, and video description; include, but are not limited to, the 203 or through the Telecommunications and (4) provide cultural experiences following: Relay Services (TRS) at 711, to discuss through appropriate nonprofit (a) Selecting existing evidence-based how the Commission may accommodate organizations. and promising practices that integrate your needs. Priority: In accordance with 34 CFR technology into teaching and learning 75.105(b)(2)(iv), this priority is from appropriate for students with Dated: June 22, 2004. allowable activities specified in the disabilities. These may include Pamela M. Bush, statute (see sections 661(e)(2) and 687 of validated practices with high levels of Commission Secretary. the Individuals with Disabilities research support, but also may include [FR Doc. 04–14554 Filed 6–25–04; 8:45 am] Education Act, as amended (IDEA)). promising practices with incomplete BILLING CODE 6360–01–U Absolute Priority: For FY 2004 this research support as long as the latter priority is an absolute priority. Under 34 clearly are identified as needing more CFR 75.105(c)(3), we consider only validation. Applicants are encouraged to DEPARTMENT OF EDUCATION applications that meet this priority. focus on practices selected from the This priority is: What Works Clearinghouse, the Office of Special Education and Technology and Media Services for National Study of the Effectiveness of Rehabilitative Services; Overview Individuals with Disabilities— Educational Technology required by Information; Technology and Media Technology Implementation Center. NCLB, and rigorous research syntheses. Services for Individuals With Background: The IDEA and the No The Center, however, also may conduct Disabilities—Technology Child Left Behind Act of 2001 (NCLB) research syntheses and meta-analyses in Implementation Center; Notice Inviting emphasized the importance of linking areas that are not being addressed by Applications for New Awards for Fiscal research and practice to improving other projects, or supplement available Year (FY) 2004 educational results for children with research evidence with additional disabilities. In more than 20 years of evidence related to students with Catalog of Federal Domestic Assistance supporting special education technology disabilities. (CFDA) Number: 84.327M. research, the Office of Special Education (b) Developing implementation Dates: Programs (OSEP) has tested practices strategies to support SEAs and LEAs in Applications Available: June 28, 2004. that indicate that appropriate implementing practices that integrate Deadline for Transmittal of technology, embedded in strong technology into sound teaching for Applications: July 30, 2004. education practice, holds significant students with disabilities. The Deadline for Intergovernmental promise for helping students with implementation strategies must provide Review: September 28, 2004. disabilities achieve at higher levels. for the continued implementation of the Eligible Applicants: State educational These practices have varying degrees of practices after Federal support ends. agencies (SEAs), local educational research validation. Some are backed by (c) Identifying and recruiting SEAs agencies (LEAs), institutions of higher significant research support and might and LEAs to implement the practices. In education (IHEs), other public agencies, appropriately undergo the high level of selecting sites, the Center must consider nonprofit private organizations, outlying scientific review offered by the What such elements as cultural and linguistic areas, freely associated States, Indian Works Clearinghouse. Other practices diversity, family income, urban and tribes or tribal organizations, and for- have some research support and rural settings, regional geographic profit organizations. classroom success, and should be location, and cost effectiveness. Estimated Available Funds: considered promising but not yet (d) Providing professional $1,000,000. validated. development and technical assistance Maximum Award: We will reject any Introducing technology as a tool is not aligned with current national, State, and application that proposes a budget enough, however, the infusion of local policies to motivate and build exceeding $1,000,000 for a single budget technology into instructional practices capacity of administrative leaders, period of 12 months. The Assistant requires systematic, sustained training decisionmakers, and teachers to Secretary for Special Education and and classroom support. Building implement practices that integrate

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technology into sound teaching for annually to Washington, DC, (1) to Rehabilitative Services may change the students with disabilities. These attend the Technical Assistance and maximum amount through a notice activities must include both regular and Dissemination Project Directors’ published in the Federal Register. special education partnerships and must meeting and (2) to attend the Number of Awards: 1 make use, when appropriate, of Technology Project Directors’ meeting. Note: The Department is not bound by any administrative supports and both (f) If a project maintains a Web site, estimates in this notice. internal and external resources. it must include relevant information (e) Assisting SEAs and LEAs in and documents in an accessible form. Project Period: Up to 60 months. evaluating the selected practices, the Fourth and Fifth Years of Project: In III. Eligibility Information outcomes of the professional deciding whether to continue this development and technical assistance project for the fourth and fifth years, the 1. Eligible Applicants: SEAs, LEAs, provided, and the effect on student Secretary will consider the requirements IHEs, other public agencies, nonprofit academic outcomes. of 34 CFR 75.253(a) for continuation private organizations, outlying areas, (f) Creating partnerships with relevant awards. freely associated States, Indian tribes or programs and organizations to assist The Secretary will also consider the tribal organizations, and for-profit with scale up and sustainability efforts. following: organizations. (g) Preparing and disseminating (a) The recommendation of a review 2. Cost Sharing or Matching: This information and products for specific team consisting of experts selected by competition does not involve cost audiences, as appropriate, such as the Secretary. The team will conduct its sharing or matching. parents, administrators, teachers, related review in Washington, DC during the 3. Other: General Requirements—(a) A services personnel, researchers, and last half of the project’s second year. A project funded under this competition individuals with disabilities. project must budget for the travel must make positive efforts to employ The project funded under this priority associated with this one-day intensive and advance in employment qualified also must: review; individuals with disabilities (see section (a) Meet with the OSEP project officer (b) The timeliness and effectiveness 606 of the IDEA). and other appropriate staff in with which all requirements of the (b) Applicants and grant recipients Washington, DC, within the first two negotiated cooperative agreement have funded under this notice must involve months of the project to clarify project been or are being met by the project; and individuals with disabilities or parents activities and develop a strategic plan. (c) The degree to which the project is of individuals with disabilities in (b) Communicate, collaborate, and making a positive contribution—and its planning, implementing, and evaluating form partnerships as appropriate, with strategies are demonstrating the the projects (see section 661(f)(1)(A) of such entities as: technical assistance potential for disseminating significant the IDEA). providers at the national, regional, and knowledge to SEAs and LEAs—to using IV. Application and Submission local levels; centers that are part of the technology to improve student Information Special Education Technical Assistance outcomes. and Dissemination Network, such as the Waiver of Proposed Rulemaking: 1. Address To Request Application National Center on Educational Under the Administrative Procedure Act Package: Education Publications Center Outcomes, the Center on Student (5 U.S.C. 553) the Department generally (ED Pubs), P.O. Box 1398, Jessup, MD Progress Monitoring, and the National offers interested parties the opportunity 20794–1398. Telephone (toll free): 1– Dissemination Center; the National to comment on proposed priorities. 877–433–7827. Fax: (301) 470–1244. If Institute on Disability and However, section 661(e)(2) of the IDEA you use a telecommunications device Rehabilitation Research (NIDRR); the makes the public comment for the deaf (TDD), you may call (toll Institute Of Education Sciences’ What requirements of the Administrative free): 1–877–576–7734. Works Clearinghouse; and the National Procedure Act inapplicable to the You may also contact ED Pubs at its and Regional Parent Technical priority in this notice. Web site: www.ed.gov/pubs/ edpubs.html or you may contact ED Assistance Centers. In particular, the Program Authority: 20 U.S.C. 1487. project shall build and maintain Pubs at its e-mail address: approaches for communication and Applicable Regulations: The [email protected]. collaboration with research and Education Department General If you request an application from ED demonstration projects that are Administrative Regulations (EDGAR) in Pubs, be sure to identify this addressing issues related to the focus of 34 CFR parts 74, 75, 77, 79, 80, 81, 82, competition as follows: CFDA Number this priority. 84, 85, 86, 97, 98, and 99. 84.327M. (c) Establish, maintain, and meet at Note: The regulations in 34 CFR part 79 Individuals with disabilities may least annually with an advisory apply to all applicants except federally obtain a copy of the application package committee consisting of representatives recognized Indian tribes. in an alternative format (e.g., Braille, of SEAs and LEAs, individuals with large print, audiotape, or computer disabilities, parents, educators, Note: The regulations in 34 CFR part 86 diskette) by contacting the persons professional organizations and advocacy apply to IHEs only. listed in section VII of this notice. groups, researchers, persons conversant 2. Content and Form of Application with literature on change theory and II. Award Information Submission: Requirements concerning sustainability, and other appropriate Type of Award: Cooperative the content of an application, together groups to review and advise on the agreement. with the forms you must submit, are in Center’s plans, products, and activities. Estimated Available Funds: the application package for this (d) Budget for a two-day Project $1,000,000. competition. Directors’ meeting in Washington, DC Maximum Award: We will reject any Page Limit: The application narrative during each year of the project. application that proposes a budget (Part III of the application) is where you, (e) In addition to the two-day Project exceeding $1,000,000 for a single budget the applicant, address the selection Directors’ meeting listed in paragraph period of 12 months. The Assistant criteria that reviewers use to evaluate (d), budget for two additional trips Secretary for Special Education and your application. You must limit Part III

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to the equivalent of no more than 50 differ from those in EDGAR (34 CFR 75.102). • After you electronically submit pages, using the following standards: Under the Administrative Procedure Act (5 your application, you will receive an • A ‘‘page’’ is 8.5″ x 11″, on one side U.S.C. 553) the Department generally offers automatic acknowledgement, which only, with 1″ margins at the top, bottom, interested parties the opportunity to will include a PR/Award number (an and both sides. comment on proposed regulations. However, these amendments make procedural changes identifying number unique to your • Double space (no more than three application). only and do not establish new substantive • lines per vertical inch) all text in the policy. Therefore, under 5 U.S.C. 553(b)(A), Within three working days after application narrative, including titles, the Secretary has determined that proposed submitting your electronic application, headings, footnotes, quotations, rulemaking is not required. fax a signed copy of the Application for references, and captions, as well as all Pilot Project for Electronic Submission Federal Education Assistance (ED 424) text in charts, tables, figures, and of Applications: We are continuing to to the Application Control Center after graphs. expand our pilot project for electronic following these steps: • Use a font that is either 12 point or 1. Print ED 424 from e-Application. larger or no smaller than 10 pitch submission of applications to include 2. The institution’s Authorizing (characters per inch). additional formula grant programs and Representative must sign this form. The page limit does not apply to Part additional discretionary grant 3. Place the PR/Award number in the I, the cover sheet; Part II, the budget competitions. The Special Education— upper right hand corner of the hard section, including the narrative budget Technology and Media Services for copy signature page of the ED 424. justification; Part IV, the assurances and Individuals with Disabilities Program— 4. Fax the signed ED 424 to the certifications; or the one-page abstract, Technology Implementation Center Application Control Center at (202) the resumes, the bibliography, the competition—CFDA Number 84.327M is 245–6272. references, the letters of support, or the one of the competitions included in the • We may request that you give us appendix. However, you must include pilot project. If you are an applicant original signatures on other forms at a all of the application narrative in Part under the Special Education— later date. III. Technology and Media Services for Application Deadline Date Extension We will reject your application if— Individuals with Disabilities Program— in Case of System Unavailability: If you • You apply these standards and Technology Implementation Center elect to participate in the e-Application exceed the page limit; or competition—CFDA Number 84.327M, pilot for the Special Education— • You apply other standards and you may submit your application to us Technology and Media Services for exceed the equivalent of the page limit. in either electronic or paper format. Individuals with Disabilities Program— 3. Submission Dates and Times: The pilot project involves the use of Technology Implementation Center Applications Available: June 28, 2004. the Electronic Grant Application System competition—CFDA Number 84.327M Deadline for Transmittal of (e-Application). If you use e- and you are prevented from submitting Applications: July 30, 2004. Application, you will be entering data your application on the application The dates and times for the online while completing your deadline date because the e-Application transmittal of applications by mail or by application. You may not e-mail an system is unavailable, we will grant you hand (including a courier service or electronic copy of a grant application to an extension of one business day in commercial carrier) are in the us. If you participate in this voluntary order to transmit your application application package for this pilot project by submitting an electronically, by mail, or by hand competition. The application package application electronically, the data you delivery. We will grant this extension also specifies the hours of operation of enter online will be saved into a if— the e-Application Web site. database. We request your participation 1. You are a registered user of e- We do not consider an application in e-Application. We shall continue to Application, and you have initiated an that does not comply with the deadline evaluate its success and solicit e-Application for this competition; and requirements. suggestions for its improvement. 2. (a) The e-Application system is Deadline for Intergovernmental If you participate in e-Application, unavailable for 60 minutes or more Review: September 28, 2004. please note the following: between the hours of 8:30 a.m. and 3:30 4. Intergovernmental Review: This • Your participation is voluntary. p.m., Washington, DC time, on the program is subject to Executive Order • When you enter the e-Application application deadline date; or 12372 and the regulations in 34 CFR system, you will find information about (b) The e-Application system is part 79. Information about its hours of operation. We strongly unavailable for any period of time Intergovernmental Review of Federal recommend that you do not wait until during the last hour of operation (that is, Programs under Executive Order 12372 the application deadline date to initiate for any period of time between 3:30 p.m. is in the application package for this an e-Application package. and 4:30 p.m., Washington, DC time) on competition. • You will not receive additional the application deadline date. 5. Funding Restrictions: We reference point value because you submit a grant We must acknowledge and confirm regulations outlining funding application in electronic format, nor these periods of unavailability before restrictions in the Applicable will we penalize you if you submit an granting you an extension. To request Regulations section of this notice. application in paper format. this extension or to confirm our 6. Other Submission Requirements: • You may submit all documents acknowledgement of any system Instructions and requirements for the electronically, including the unavailability, you may contact either transmittal of applications by mail or by Application for Federal Education (1) the person listed elsewhere in this hand (including a courier service or Assistance (ED 424), Budget notice under FOR FURTHER INFORMATION commercial carrier) are in the Information—Non-Construction CONTACT (see VII. Agency Contact) or (2) application package for this Programs (ED 524), and all necessary the e-GRANTS help desk at 1–888–336– competition. assurances and certifications. 8930. Application Procedures: • Your e-Application must comply You may access the electronic grant Note: Some of the procedures in these with any page limit requirements application for the Special Education— instructions for transmitting applications described in this notice. Technology and Media Services for

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Individuals with Disabilities Program— We will notify grantees of the the Election Assistance Commission Technology Implementation Center performance measures once they are (the ‘‘Commission’’) hereby establishes competition—CFDA Number 84.327M developed. the Technical Guidelines Development at: http://e-grants.ed.gov. Committee (the ‘‘Committee’’), pursuant VII. Agency Contact to the Federal Advisory Committee Act, V. Application Review Information FOR FURTHER INFORMATION CONTACT: Jane 5 U.S.C. App. 2. Selection Criteria: The selection Hauser, U.S. Department of Education, Objectives and Duties: Pursuant to 42 criteria for this competition are listed in 400 Maryland Avenue, SW., room 4092, U.S.C. 15361(b)(1), the Committee will 34 CFR 75.210 of EDGAR. The specific Potomac Center Plaza, Washington, DC act in the public interest to assist the selection criteria to be used for this 20202–2550. Telephone: (202) 245– Executive Director of the Commission in competition are in the application 7373. the development of the voluntary voting package. If you use a telecommunications system guidelines. device for the deaf (TDD), you may call Members and Chairperson: VI. Award Administration Information the Federal Information Relay Service Membership: shall be composed of: 1. Award Notices: If your application (FIRS) at 1–800–877–8339. 1. The Director of the National is successful, we notify your U.S. Individuals with disabilities may Institute of Standards and Technology Representative and U.S. Senators and obtain this document in an alternative (NIST) who shall serve as its chair. send you a Grant Award Notification format (e.g., Braille, large print, 2. A group of 14 other individuals (GAN). We may also notify you audiotape, or computer diskette) on appointed jointly by the Commission informally. request by contacting the following and the Director of NIST, consisting of the following: If your application is not evaluated or office: The Grants and Contracts Services Team, U.S. Department of A. An equal number of each of the not selected for funding, we notify you. following: 2. Administrative and National Policy Education, 400 Maryland Avenue, SW., Potomac Center Plaza, Washington, DC Members of the Standards Board, Requirements: We identify Members of the Board of Advisors, administrative and national policy 20202–2550. Telephone: (202) 205– 8207. Members of the Architectural and requirements in the application package Transportation Barrier, and Compliance and reference these and other VIII. Other Information Board (Access Board). requirements in the Applicable Electronic Access to This Document: B. A representative of the American Regulations section of this notice. You may view this document, as well as National Standards Institute. We reference the regulations outlining all other documents of this Department C. A representative of the IEEE. the terms and conditions of an award in published in the Federal Register, in D. Two representatives of the NASED the Applicable Regulations section of text or Adobe Portable Document selected by such Association who are this notice and include these and other Format (PDF) on the Internet at the not members of the Standards Board or specific conditions in the GAN. The following site: www.ed.gov/news/ Board of Advisors, and who are not of GAN also incorporates your approved fedregister. the same political party. E. Other individuals with technical application as part of your binding To use PDF you must have Adobe and scientific expertise relating to commitments under the grant. Acrobat Reader, which is available free voting systems and voting equipment. 3. Reporting: At the end of your at this site. If you have questions about project period, you must submit a final Administrative Provisions: using PDF, call the U.S. Government 1. The Committee shall report to the performance report, including financial Printing Office (GPO), toll free, at 1– Executive Director of the Commission. information, as directed by the 888–293–6498; or in the Washington, 2. Selected staff within NIST’s Secretary. If you receive a multi-year DC, area at (202) 512–1530. Information Technology Laboratory will award, you must submit an annual Note: The official version of this document provide staff support for the Committee. performance report that provides the is the document published in the Federal 3. The Committee shall meet at least most current performance and financial Register. Free Internet access to the official three time per year, quarterly. The Chair expenditure information as specified by edition of the Federal Register and the Code of the EAC shall call the first meeting of the Secretary in 34 CFR 75.118. of Federal Regulations is available on GPO the Committee. Thereafter, the Chair of 4. Performance Measures: Under the Access at: www.gpoaccess.gov/nara/ index.html. the EAC or the Chair of the TGDC may Government Performance and Results call a meeting of the Committee. Act (GPRA), the Department is currently Dated: June 24, 2004. 4. Members of the Committee shall developing measures that will yield Troy R. Justesen, not be compensated for their services, information on various aspects of the but will, upon request, be allowed travel quality of the Technology and Media Acting Deputy Assistant Secretary for Special Education and Rehabilitative Services. and per diem expenses in accordance Services to Improve Services and [FR Doc. 04–14660 Filed 6–25–04; 8:45 am] with 5 U.S.C. 5701 et seq., while Results for Children with Disabilities attending meetings of the Committee or BILLING CODE 4000–01–P program (e.g., the extent to which subcommittees thereof, or while projects are of high quality, are relevant otherwise performing duties at the to the needs of children with request of the Chair, while away from ELECTION ASSISTANCE COMMISSION disabilities, and contribute to improving their homes or regular places of results for children with disabilities). Charter of the U.S. Election Assistance business. Data on these measures will be collected Commission Technical Guidelines 5. The Committee shall function from the projects funded under this Development Committee solely as an advisory body, in notice. accordance with the provisions of the Grantees will also be required to Establishment: In accordance with the Federal Advisory Committee Act. report information on their projects’ requirements of section 221 of the Help 6. The annual cost of operating the performance in annual reports to the America Vote Act of 2002 (Pub. L. 107– Committee is estimated at $2.8 million, Department (EDGAR, 34 CFR 75.590). 252), hereinafter referred to as the Act, including all direct and indirect

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expenses. It is estimated that six FTE oxide and mixed-oxide (MOX) react at (208) 557–7885, or visit the Board’s will be required to support the TGDC. high burn-up rates. Internet home page at http:// 7. The Committee shall not act in the These material segments will undergo www.ida.net/users/cab. absence of a quorum, which shall post-irradiation examination at JAERI, SUPPLEMENTARY INFORMATION: Purpose of consist of a simple majority of the which will take ownership of the the Board: The purpose of the Board is members of the Committee not having a material when the transport leaves to make recommendations to DOE in the conflict of interest in the matter being Studsvik. Upon completion of the areas of environmental restoration, considered by the Committee, except analysis, the material will be handled as waste management, and related that, if the number of members on the waste and stored in Japan. activities. Committee is even, half will suffice. In accordance with section 131 of the The Tentative Agenda Objectives 8. The EAC will create any Atomic Energy Act of 1954, as amended, include: subcommittees of the TGDC that may be we have determined that this • To provide additional information necessary to accomplish the TGDC’s subsequent arrangement is not inimical to the new CAB members in support of function. In addition, the EAC will to the common defense and security. providing an overall orientation, establish such operating procedures as This subsequent arrangement will including: required to support the TGDC, take effect no sooner than fifteen days —An overview of environmental consistent with the Federal Advisory after the date of publication of this regulation Committee Act, as amended. notice. —An overview of the types of wastes Duration: While the duration of the For the Department of Energy. managed at the INEEL Committee is continuing, the Charter Kurt Siemon, —An overview of the historical shall be renewed every two years from Acting Director, Office of Nonproliferation contamination at INEEL and how it is the date of filing. Policy. being addressed Charter Filing Date: This Charter was [FR Doc. 04–14684 Filed 6–25–04; 8:45 am] • filed on the 23 day of June, 2004. To receive a status report on the BILLING CODE 6450–01–P Environmental Management Program at Paul S. DeGregorio, the INEEL. Commissioner, U.S. Election Assistance • To receive a status report on the DEPARTMENT OF ENERGY Commission. progress on the procurement process for [FR Doc. 04–14642 Filed 6–25–04; 8:45 am] Environmental Management Site- new site contractors. • BILLING CODE 6820–01–M Specific Advisory Board, Idaho To receive presentations related to National Engineering and the End States for the INEEL, including: Environmental Laboratory —An overview of the 1995 DEPARTMENT OF ENERGY Comprehensive Facilities and Land AGENCY: Department of Energy. Use Plan Office of Arms Control and ACTION: Notice of open meeting. —A status report on the Risk-Based End Nonproliferation; Proposed States Vision Document for the INEEL SUMMARY: Subsequent Arrangement This notice announces a • meeting of the Environmental To discuss and develop a possible AGENCY: Department of Energy. Management Site-Specific Advisory recommendation addressing End States ACTION: Subsequent arrangement. for the INEEL. Board (EMSSAB), Idaho National • Engineering and Environmental To receive a presentation on the SUMMARY: This notice has been issued Laboratory. The Federal Advisory status of efforts and plans for Pit 4, the under the authority of Section 131 of the Committee Act (Pub. L. 92–463, 86 Stat. final report on the Glovebox Excavator Atomic Energy Act of 1954, as amended 770) requires that public notice of these Method project, and the treatment of (42 U.S.C. 2160). The Department is meeting be announced in the Federal volatile organic compounds. • providing notice of a proposed Register. To receive a presentation and to ‘‘subsequent arrangement’’ under the discuss a possible recommendation Agreement for Cooperation in the DATES: Tuesday, July 20, 2004, 8 a.m.– addressing the Engineering Evaluation Peaceful Uses of Nuclear Energy 6 p.m. Wednesday, July 21, 2004, 8 and Cost Analysis for the CPP–603 between the United States and the a.m.–5 p.m. Basins. European Atomic Energy Community Opportunities for public participation • To discuss future opportunities for (EURATOM) and the Agreement for will be held Tuesday, July 20, from public involvement in site cleanup Cooperation Between the United States 12:15 to 12:30 and 5:30 to 5:45 p.m. and decision-making. and Japan Concerning Peaceful Uses of on Wednesday, July 21, from 11:45 a.m. Tentative Agenda for Tuesday, July 20 Nuclear Energy. to 12 noon and 3:55 to 4:10 p.m. This subsequent arrangement Additional time may be made available 8 a.m. Welcome and Introductions. concerns the retransfer of 594.94 grams for public comment during the 8:45 a.m. Welcome to New Members. of U.S.-origin uranium (2.26 grams U– presentations. 9 a.m. Member and Committee 235) and 7.04 grams plutonium from These times are subject to change as Reports. Studsvik Research Center, Nykoping, the meeting progresses, depending on 9:15 a.m. Break. Sweden, to the Japan Atomic Energy the extent of comment offered. Please 9:30 a.m. Environmental Management Research Institute (JAERI). The nuclear check with the meeting facilitator to (EM) Program Status and Emerging material being retransferred is contained confirm these times. Issues of Potential Interest to the in segments of reactor fuel rods cut out ADDRESSES: Ameritel Inn, 645 Lindsay INEEL CAB (TRA Catch Tank, Tank at the Studsvik Hot Cell Laboratory for Boulevard, Idaho Falls, ID 83402. Farm Capping, Closure Plan for analysis of the burn up rates by JAERI. FOR FURTHER INFORMATION CONTACT: Ms. Tank 180, WIR Legal Situation, The analysis will support the Studsvik Peggy Hinman, INEEL CAB D&D at INTEC, Foster Wheeler development of a database of Administrator, North Wind, Inc., P.O. Project). information regarding how uranium Box 51174, Idaho Falls, ID 83405, Phone 10:50 a.m. Break.

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11:05 a.m. Orientation to the Idaho Minutes: The minutes of this meeting 5, as per Section XII, page 13, of the National Engineering and will be available for public review and NNMCAB Bylaws. (Tabled from 3– Environmental (INEEL) Laboratory. copying at the Freedom of Information 31–04). Consideration and Action of 12:15 p.m. Public Participation. Public Reading Room, 1E–190, Forrestal Proposed Bylaws Amendment No. 12:30 p.m. Lunch. Building, 1000 Independence Avenue, 6. 1:30 p.m. Annual Work Plan. SW., Washington, DC 20585 between 9 2 p.m.—Board Business. 1:55 p.m. Orientation to the INEEL a.m. and 4 p.m., Monday through Friday A. Recruitment/Membership Update (continued). except Federal holidays. Minutes will B. Report from Chair, ‘‘Opportunities 2:50 p.m. Break. also be available by writing to Ms. Peggy for Improvement’’ from Retreat 3:05 p.m. Orientation to the INEEL Hinman, INEEL CAB Administrator, at C. Report from DOE, Ted Taylor, (continued). the address and phone number listed DDFO 4:15 p.m. Break. above. D. Report from Executive Director, 5 p.m. End States for the INEEL. Menice Manzanares 5:30 p.m. Public Participation Issued in Washington, DC on June 21, E. New Business 5:45 p.m. Letter Regarding CAB 2004. 2:30 p.m.— Break. Support Services Carol A. Matthews, 2:45 p.m.—Reports. 6 p.m. Adjourn. Acting Deputy Advisory Committee A. Executive Committee—Chair Tentative Agenda for Wednesday, July Management Officer. B. Environmental Monitoring, 21 [FR Doc. 04–14612 Filed 6–25–04; 8:45 am] Surveillance and Remediation BILLING CODE 6450–01–P Committee, Tim DeLong 8 a.m. End States for the INEEL C. Waste Management Committee (continued). • Introduction of recommendation 9 a.m. Break. DEPARTMENT OF ENERGY 2004–3 9:15 a.m. End States for the INEEL • Introduction of recommendation (continued). Environmental Management Site- 2004–4 10:15 a.m. Break. Specific Advisory Board, Northern New D. Community Involvement 10:30 a.m. End States for the INEEL Mexico Committee, Abad Sandoval (continued). E. Ad Hoc Committee on Bylaws, Jim 11 a.m. Engineering Evaluation and AGENCY: Department of Energy. Brannon Cost Analysis for CPP–603 Basins. ACTION: Notice of open meeting. F. Ad Hoc Committee on 11:30 a.m. Member and Committee Constituency Seats SUMMARY: Reports. This notice announces a G. Comments from Ex-Officio 11:45 a.m. Public Participation. meeting of the Environmental Members 12 noon Lunch. Management Site-Specific Advisory 5 p.m.—Dinner Break. 1 p.m. Procurement Process. Board (EM SSAB), Northern New 6 p.m.—Public Comment. 1:30 p.m. Pit 4/Glovebox Excavator Mexico. The Federal Advisory 6:15 p.m.—Consideration and Action on Method Project/Volatile Organic Committee Act (Pub. L. 92–463, 86 Stat. Recommendation 2004–3, ‘‘EEG, Compound Treatment. 770) requires that public notice of these DOE And CAB Value’’. 2:15 p.m. Break. meetings be announced in the Federal 6:30 p.m.—Presentation on NMED 2:30 p.m. End States for the INEEL Register. Consent Order. (continued). DATES: Wednesday, July 28, 2004, 1 7:15 p.m.—Break. 3 p.m. Engineering Evaluation and p.m.–8:30 p.m. 7:30 p.m.—Discussion on NMED Cost Analysis for CPP–603 Basins ADDRESSES: Cities of Gold Hotel, Consent Order. (continued). Pojoaque, NM. 8 p.m.—Comments from Board 3:40 p.m. Break. Members and Recap of Meeting. 3:55 p.m. Public Participation. FOR FURTHER INFORMATION CONTACT: Menice Manzanares, Northern New 8:30 p.m.—Adjourn. 4:10 p.m. Board Work. This agenda is subject to change at Mexico Citizens’ Advisory Board, 1660 5 p.m. Adjourn. least one day in advance of the meeting.. Old Pecos Trail, Suite B, Santa Fe, NM Public Participation: This meeting is Public Participation: The meeting is 87505. Phone (505) 995–0393; fax (505) open to the public. Written statements open to the public. Written statements 989–1752 or e-mail: may be filed with the Board facilitator may be filed with the Committee either [email protected]. either before or after the meeting. before or after the meeting. Individuals Individuals who wish to make oral SUPPLEMENTARY INFORMATION: who wish to make oral statements presentations pertaining to agenda items Purpose of the Board: The purpose of pertaining to agenda items should should contact the Board Chair at the the Board is to make recommendations contact Menice Manzanares at the address or telephone number listed to DOE in the areas of environmental address or telephone number listed above. Request must be received five restoration, waste management, and above. Requests must be received five days prior to the meeting and reasonable related activities. days prior to the meeting and reasonable provision will be made to include the Tentative Agenda provision will be made to include the presentation in the agenda. The Deputy presentation in the agenda. The Deputy Designated Federal Officer, Richard Wednesday, July 28, 2004 Designated Federal Officer is Provencher, Assistant Manager for 1 p.m.—Call to Order by Ted Taylor, empowered to conduct the meeting in a Environmental Management, Idaho DDFO; Establishment of a Quorum; fashion that will facilitate the orderly Operations Office, U.S. Department of Welcome and Introductions by conduct of business. Each individual Energy, is empowered to conduct the Chair; Approval of Agenda; wishing to make public comment will meeting in a fashion that will facilitate Approval of Minutes of May 22, be provided a maximum of five minutes the orderly conduct of business. Every 2005. to present their comments at the individual wishing to make public 1:15 p.m.—Public Comment. beginning of the meeting. comment will be provided equal time to 1:30 p.m.—Consideration and Action of Minutes: Minutes of this meeting will present their comments. Proposed Bylaws Amendment No. be available for public review and

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copying at the Freedom of Information • Discussion of National Science Federal Energy Regulatory Commission, Public Reading Room, 1E–190, Forrestal Foundation Elementary Particle Physics 888 First Street, NE., Washington, DC Building, 1000 Independence Avenue, Program 20426, in accordance with section SW., Washington, DC 20585 between 9 • Reports on and Discussions of 385.211 of the Commission’s Rules and a.m. and 4 p.m., Monday-Friday, except Topics of General Interest in High Regulations. All such protests must be Federal holidays. Minutes will also be Energy Physics filed in accordance with section 154.210 available at the Public Reading Room • Public Comment (10-minute rule) of the Commission’s Regulations. located at the Board’s office at 1660 Old Public Participation: The meeting is Protests will be considered by the Pecos Trail, Suite B, Santa Fe, NM. open to the public. If you would like to Commission in determining the Hours of operation for the Public file a written statement with the Panel, appropriate action to be taken, but will Reading Room are 9 a.m.–4 p.m. on you may do so either before or after the not serve to make protestants parties to Monday through Friday. Minutes will meeting. If you would like to make oral the proceedings. This filing is available also be made available by writing or statements regarding any of these items for review at the Commission in the calling Menice Manzanares at the on the agenda, you should contact Bruce Public Reference Room or may be Board’s office address or telephone Strauss, 301–903–3705 or viewed on the Commission’s Web site at number listed above. Minutes and other [email protected] (e-mail). http://www.ferc.gov using the eLibrary Board documents are on the Internet at: You must make your request for an oral link. Enter the docket number excluding http:www.nnmcab.org. statement at least 5 business days before the last three digits in the docket Issued in Washington, DC on June 18, the meeting. Reasonable provision will number field to access the document. 2004. be made to include the scheduled oral For assistance, please contact FERC Carol A. Matthews, statements on the agenda. The Online Support at Chairperson of the Panel will conduct [email protected] or toll- Acting Deputy Advisory Committee Management Officer. the meeting to facilitate the orderly free at (866) 208–3676, or TTY, contact conduct of business. Public comment (202) 502–8659. The Commission [FR Doc. 04–14613 Filed 6–25–04; 8:45 am] will follow the 10-minute rule. strongly encourages electronic filings. BILLING CODE 6450–01–P Minutes: The minutes of the meeting See, 18 CFR 385.2001(a)(1)(iii) and the will be available for public review and instructions on the Commission’s Web DEPARTMENT OF ENERGY copying within 90 days at the Freedom site under the e-Filing link. of Information Public Reading Room; Magalie R. Salas, Room 1E–190; Forrestal Building; 1000 Office of Science; High Energy Physics Secretary. Advisory Panel Independence Avenue, SW., Washington, DC, between 9 a.m. and 4 [FR Doc. E4–1423 Filed 6–25–04; 8:45 am] AGENCY: Department of Energy. p.m., Monday through Friday, except BILLING CODE 6717–01–P ACTION: Notice of open meeting. Federal holidays.

SUMMARY: This notice announces a Carol A. Matthews, DEPARTMENT OF ENERGY meeting of the High Energy Physics Acting Deputy Advisory Committee Advisory Panel (HEPAP). Federal Management Officer. Federal Energy Regulatory Advisory Committee Act (Pub. L. 92– [FR Doc. 04–14611 Filed 6–25–04; 8:45 am] Commission 463, 86 Stat. 770) requires that public BILLING CODE 6450–01–P [Docket No. RP04–33–001] notice of these meetings be announced in the Federal Register. El Paso Natural Gas Company; Notice DATES: Thursday, September 23, 2004; DEPARTMENT OF ENERGY of Compliance Filing 8:30 a.m. to 6 p.m. and Friday, Federal Energy Regulatory June 18, 2004. September 24, 2004; 8:30 a.m. to 12 p.m. Commission Take notice that on June 15, 2004, El ADDRESSES: Hilton Washington Embassy Paso Natural Gas Company (EPNG) Row, 2015 Massachusetts Avenue, NW., [Docket No. RP04–264–001] tendered for filing as part of its FERC Washington, DC 20036. ANR Pipeline Company; Notice of Gas Tariff, Second Revised Volume No. FOR FURTHER INFORMATION CONTACT: Compliance Tariff Filing 1–A, the following tariff sheets to its Bruce Strauss, Executive Secretary; High FERC Gas Tariff, with an effective date Energy Physics Advisory Panel; U.S. June 18, 2004. of July 1, 2004: Department of Energy; SC–20/ Take notice that on June 15, 2004, Eleventh Revised Sheet No. 29 Germantown Building, 1000 ANR Pipeline Company (ANR), Second Revised Sheet No. 219E Independence Avenue, SW., tendered for filing its compliance tariff First Revised Sheet No. 219F Washington, DC 20585–1290; filing. Original Sheet Nos. 219J–219L Telephone: 301–903–3705. ANR’s filing requests that the EPNG states that the tariff sheets SUPPLEMENTARY INFORMATION: Commission approve a revision to the implement the pro forma tariff sheets Purpose of Meeting: To provide General Terms and Conditions of its approved by the Commission providing advice and guidance on a continuing FERC Gas Tariff. The revision is filed in for bounce-at-the-California border basis with respect to the high energy compliance with the Commission’s May transactions that were included as part physics research program. 26, 2004, order requiring ANR to modify of the settlement filed in this Tentative Agenda: Agenda will its language to include clarifications to proceeding. include discussions of the following: the procedure for reserving capacity for Any person desiring to protest said expansion projects. ANR requests that filing should file a protest with the Thursday, September 23, 2004, and the Commission grant such approval Federal Energy Regulatory Commission, Friday, September 24, 2004 effective June 1, 2004. 888 First Street, NE., Washington, DC • Discussion of Department of Energy Any person desiring to protest said 20426, in accordance with section High Energy Physics Programs filing should file a protest with the 385.211 of the Commission’s Rules and

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Regulations. All such protests must be to intervene or a protest with the 154.210 of the Commission’s filed in accordance with section 154.210 Federal Energy Regulatory Commission, Regulations. Protests will be considered of the Commission’s Regulations. 888 First Street, NE., Washington, DC by the Commission in determining the Protests will be considered by the 20426, in accordance with Sections appropriate action to be taken, but will Commission in determining the 385.214 or 385.211 of the Commission’s not serve to make protestants parties to appropriate action to be taken, but will Rules and Regulations. All such motions the proceedings. This filing is available not serve to make protestants parties to or protests must be filed in accordance for review at the Commission in the the proceedings. This filing is available with Section 154.210 of the Public Reference Room or may be for review at the Commission in the Commission’s Regulations. Protests will viewed on the Commission’s Web site at Public Reference Room or may be be considered by the Commission in http://www.ferc.gov using the eLibrary viewed on the Commission’s Web site at determining the appropriate action to be link. Enter the docket number excluding http://www.ferc.gov using the eLibrary taken, but will not serve to make the last three digits in the docket link. Enter the docket number excluding protestants parties to the proceedings. number field to access the document. the last three digits in the docket Any person wishing to become a party For assistance, please contact FERC number field to access the document. must file a motion to intervene. This Online Support at For assistance, please contact FERC filing is available for review at the [email protected] or toll- Online Support at Commission in the Public Reference free at (866) 208–3676, or TTY, contact [email protected] or toll- Room or may be viewed on the (202) 502–8659. The Commission free at (866) 208–3676, or TTY, contact Commission’s Web site at http:// strongly encourages electronic filings. (202) 502–8659. The Commission www.ferc.gov using the eLibrary. Enter See, 18 CFR 385.2001(a)(1)(iii) and the strongly encourages electronic filings. the docket number excluding the last instructions on the Commission’s Web See, 18 CFR 385.2001(a)(1)(iii) and the three digits in the docket number field site under the e-Filing link. instructions on the Commission’s Web to access the document. For assistance, Magalie R. Salas, site under the e-Filing link. please contact FERC Online Support at [email protected] or toll- Secretary. Magalie R. Salas, free at (866) 208–3676, or TTY, contact [FR Doc. E4–1424 Filed 6–25–04; 8:45 am] Secretary. (202) 502–8659. The Commission BILLING CODE 6717–01–P [FR Doc. E4–1425 Filed 6–25–04; 8:45 am] strongly encourages electronic filings. BILLING CODE 6717–01–P See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web DEPARTMENT OF ENERGY site under the e-Filing link. DEPARTMENT OF ENERGY Federal Energy Regulatory Magalie R. Salas, Commission Federal Energy Regulatory Secretary. [Docket No. EL04–110–000] Commission [FR Doc. E4–1427 Filed 6–25–04; 8:45 am] [Docket No. RP04–332–000] BILLING CODE 6717–01–P New York Independent System Operator, Inc.; Notice of Filing Guardian Pipeline, L.L.C.; Notice of Tariff Filing DEPARTMENT OF ENERGY June 18, 2004. Take notice that on June 18, 2003, the June 18, 2004. Federal Energy Regulatory New York Independent System Take notice that on June 15, 2004, Commission Operator, Inc., (NYISO) filed an Guardian Pipeline, L.L.C. (Guardian) emergency request for waivers of several [Docket No. RP04–274–001] tendered for filing as part of its FERC tariff provisions and for expedited Gas Tariff, Original Volume No. 1, Kern River Gas Transmission Commission action. The requested Original Sheet No. 142A; and Original Company; Notice of Compliance Filing waivers would support the NYISO’s Sheet No. 142B, proposed to be effective ability to cancel a transmission July 15, 2004. June 18, 2004. Congestion Contract Reconfiguration Guardian states that the proposed Take notice that on June 14, 2004, Auction currently scheduled for June changes would provide a mechanism for Kern River Gas Transmission Company 23, 2004. the allocation of capacity that becomes (Kern River) submitted Schedule H–3(2) NYISO states that it has electronically available as a result of changed to accompany its rate change filing of served a copy of this filing on the operational conditions on the Guardian April 30, 2004, in the captioned official representative of each of its Pipeline, including changes resulting proceeding. Kern River states that it customers, on each participant in its from modified pressure obligations at submits this schedule to comply with stakeholder committees, on the New various delivery points on the Guardian the Commission’s order in this York State Public Service Commission, Pipeline. Guardian states that such proceeding dated May 28, 2004. and on the electric utility regulatory changes can result in an increase in the Kern River states that copies of this agencies of New Jersey and operating capacity of the Guardian filing have been served on all parties to Pennsylvania. Pipeline. Guardian’s further notes that this proceeding in accordance with the Any person desiring to intervene or to its tariff does not currently have a Commission’s regulations. protest this filing should file with the mechanism to address, on a Any person desiring to protest said Federal Energy Regulatory Commission, nondiscriminatory basis, additional filing should file a protest with the 888 First Street, NE., Washington, DC capacity that becomes available due to Federal Energy Regulatory Commission, 20426, in accordance with Rules 211 a Shipper’s agreement to modify the 888 First Street, NE., Washington, DC and 214 of the Commission’s Rules of delivery pressure to which it is 20426, in accordance with Section Practice and Procedure (18 CFR 385.211 otherwise entitled. 385.211 of the Commission’s Rules and and 385.214). Protests will be Any person desiring to be heard or to Regulations. All such protests must be considered by the Commission in protest said filing should file a motion filed in accordance with Section determining the appropriate action to be

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taken, but will not serve to make This filing is available for review at and make minor modifications and protestants parties to the proceeding. the Commission or may be viewed on corrections to Trunkline’s tariff. Any person wishing to become a party the Commission’s Web site at http:// Trunkline further states that copies of must file a motion to intervene. All such www.ferc.gov using the ‘‘eLibrary’’ link. this filing are being served on all motions or protests should be filed on Enter the docket number excluding the affected customers and applicable State or before the comment date, and, to the last three digits in the docket number regulatory agencies. extent applicable, must be served on the field to access the document. For Any person desiring to be heard or to applicant and on any other person assistance, please contact FERC Online protest said filing should file a motion designated on the official service list. Support at to intervene or a protest with the This filing is available for review at the [email protected] or call Federal Energy Regulatory Commission, Commission or may be viewed on the toll-free at (866) 208–3676, or for TTY, 888 First Street, NE., Washington, DC Commission’s Web site at http:// contact (202) 502–8659. Protests, 20426, in accordance with sections www.ferc.gov, using the eLibrary comments and interventions may be 385.214 or 385.211 of the Commission’s (FERRIS) link. Enter the docket number filed electronically via the Internet in Rules and Regulations. All such motions excluding the last three digits in the lieu of paper; see, 18 CFR or protests must be filed in accordance docket number field to access the 385.2001(a)(1)(iii) and the instructions with section 154.210 of the document. For assistance, please contact on the Commission’s Web site under the Commission’s Regulations. Protests will FERC Online Support at ‘‘e-Filing’’ link. The Commission be considered by the Commission in [email protected] or toll- strongly encourages interveners to file determining the appropriate action to be free at (866) 208–3676, or for TTY, electronically. taken, but will not serve to make contact (202) 502–8659. Protests and Any person or the Commission’s staff protestants parties to the proceedings. interventions may be filed electronically may, within 45 days after issuance of Any person wishing to become a party via the Internet in lieu of paper; see 18 the instant notice by the Commission, must file a motion to intervene. This CFR 385.2001(a)(1)(iii) and the file pursuant to Rule 214 of the filing is available for review at the instructions on the Commission’s Web Commission’s Procedural Rules (18 CFR Commission in the Public Reference site under the ‘‘e-Filing’’ link. The 385.214) a motion to intervene or notice Room or may be viewed on the Commission strongly encourages of intervention and pursuant to Section Commission’s Web site at http:// electronic filings. 157.205 of the Regulations under the www.ferc.gov using the eLibrary. Enter Comment Date: June 21, 2004. Natural Gas Act (18 CFR 157.205) a the docket number excluding the last protest to the request. If no protest is three digits in the docket number field Magalie R. Salas, filed within the time allowed therefore, to access the document. For assistance, Secretary. the proposed activity shall be deemed to please contact FERC Online Support at [FR Doc. E4–1419 Filed 6–25–04; 8:45 am] be authorized effective the day after the [email protected] or toll- BILLING CODE 6717–01–P time allowed for filing a protest. If a free at (866) 208–3676, or TTY, contact protest is filed and not withdrawn (202) 502–8659. The Commission within 30 days after the time allowed strongly encourages electronic filings. DEPARTMENT OF ENERGY for filing a protest, the instant request See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web Federal Energy Regulatory shall be treated as an application for site under the e-Filing link. Commission authorization pursuant to Section 7 of the Natural Gas Act. Magalie R. Salas, [Docket No. CP04–361–000] Magalie R. Salas, Secretary. Secretary. [FR Doc. E4–1416 Filed 6–25–04; 8:45 am] Steuben Gas Storage Company; Notice [FR Doc. E4–1418 Filed 6–25–04; 8:45 am] BILLING CODE 6717–01–P of Request Under Blanket BILLING CODE 6717–01–P Authorization DEPARTMENT OF ENERGY June 18, 2004. DEPARTMENT OF ENERGY Take notice that on June 14, 2004, Federal Energy Regulatory Steuben Gas Storage Company Federal Energy Regulatory Commission (Steuben), 535 Boylston Street, 12th Commission Floor, Boston, MA 02116, filed in [Docket Nos. RP00–107–006] Docket No. CP04–361–000, a request [Docket No. RP04–333–000] Williston Basin Interstate Pipeline pursuant to its blanket certificate issued Company; Notice of Compliance Filing July 28, 1995 under Docket Nos. CP95– Trunkline Gas Company, LLC; Notice 119–000 and CP95–119–001, for of Proposed Changes in FERC Gas June 18, 2004. authority under Section 157.214 of the Tariff Take notice that on June 15, 2004, Commission’s Regulations (18 CFR Williston Basin Interstate Pipeline 157.214) to increase the natural gas June 18, 2004. Company (Williston Basin) tendered for volume and the maximum stabilized Take notice that on June 15, 2004, filing as part of its FERC Gas Tariff, reservoir pressure at the Adrian gas Trunkline Gas Company, LLC Second Revised Volume No. 1, the tariff storage field, located in Steuben County, (Trunkline) tendered for filing as part of sheets listed on Appendix A to the New York. its FERC Gas Tariff, Third Revised filing. Any questions regarding this Volume No. 1, the revised tariff sheets Williston Basin states that it application should be directed to David listed in Appendix A attached to the inadvertently omitted Pro forma Tariff A.T. Donohue, President, Steuben Gas filing, to become effective July 15, 2004. Sheet Nos. 16, 16A, 17 and 20, from Storage Company, 535 Boylston Street, Trunkline states that this filing is Volume II of its June 14, 2004 12th Floor, Boston, Massachusetts being made to remove outdated compliance filing. Williston Basin 02116, at (617) 536–0202. provisions, update certain provisions further states that the current filing is

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being made simply to incorporate the Any person desiring to be heard or to Comment Date: July 6, 2004. previously omitted tariff sheets. protest said filing should file a motion 2. Virginia Electric and Power Any person desiring to protest said to intervene or a protest with the Company filing should file a protest with the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC [Docket No. ER04–921–000] 888 First Street, NE., Washington, DC 20426, in accordance with sections Take notice that on June 8, 2004, 20426, in accordance with section 385.214 or 385.211 of the Commission’s Virginia Electric and Power Company 385.211 of the Commission’s Rules and rules and regulations. All such motions (Dominion) tendered for filing First Regulations. All such protests must be or protests must be filed in accordance Revised Agreement No. 376 under its filed in accordance with section 154.210 with section 154.210 of the FERC Electric Tariff Second Revised of the Commission’s Regulations. Commission’s regulations. Protests will Volume No. 5, a Network Integration Protests will be considered by the be considered by the Commission in Transmission Service Agreement and Commission in determining the determining the appropriate action to be Network Operating Agreement between appropriate action to be taken, but will taken, but will not serve to make Virginia Electric and Power Company not serve to make protestants parties to protestants parties to the proceedings. and the North Carolina Electric the proceedings. This filing is available Any person wishing to become a party Membership Corporation (NCEMC). for review at the Commission in the must file a motion to intervene. This Dominion requests an effective date of Public Reference Room or may be filing is available for review at the June 9, 2004. viewed on the Commission’s Web site at Commission in the Public Reference Dominion states that copies of the http://www.ferc.gov using the eLibrary Room or may be viewed on the filing were served upon the NCEMC, the link. Enter the docket number excluding Commission’s Web site at http:// North Carolina Utilities Commission the last three digits in the docket www.ferc.gov using the eLibrary. Enter and the Virginia State Corporation number field to access the document. the docket number excluding the last Commission. For assistance, please contact FERC three digits in the docket number field Comment Date: June 29, 2004. Online Support at to access the document. For assistance, 3. Florida Power & Light Company [email protected] or toll- please contact FERC Online Support at free at (866) 208–3676, or TTY, contact [email protected] or toll- [Docket No. ER04–926–000] (202) 502–8659. The Commission free at (866) 208–3676, or TTY, contact Take notice that on June 15, 2004, strongly encourages electronic filings. (202) 502–8659. The Commission Florida Power & Light Company (FPL) See, 18 CFR 385.2001(a)(1)(iii) and the strongly encourages electronic filings. submitted for filing with the instructions on the Commission’s Web See 18 CFR 385.2001(a)(1)(iii) and the Commission a modification to Rate site under the e-Filing link. instructions on the Commission’s Web Schedule No. 102, the Contract for site under the e-Filing link. Magalie R. Salas, Interchange Service between Florida Secretary. Magalie R. Salas, Power & Light Company and Seminole Electric Cooperative, Inc. Secretary. [FR Doc. E4–1422 Filed 6–25–04; 8:45 am] FPL states that a copy of this filing BILLING CODE 6717–01–P [FR Doc. E4–1426 Filed 6–25–04; 8:45 am] has been served on Seminole Electric BILLING CODE 6717–01–P Cooperative, Inc. DEPARTMENT OF ENERGY Comment Date: July 7, 2004. DEPARTMENT OF ENERGY 4. Florida Power & Light Company Federal Energy Regulatory Commission Federal Energy Regulatory [Docket No. ER04–927–000] Commission Take notice that on June 15, 2004, [Docket No. RP04–331–000] Florida Power & Light Company (FPL) [Docket No. ER02–851–015, et al.] Williston Basin Interstate Pipeline submitted for filing a modification to Company; Notice of Tariff Filing Southern Company Services, Inc., et the Calusa/Charlotte delivery point in al.; Electric Rate and Corporate Filings the Service Agreement for Network June 18, 2004. Integration Transmission Service Take notice that on June 10, 2004, June 17, 2004. between FPL and Seminole Electric Williston Basin Interstate Pipeline The following filings have been made Cooperation, Inc., and a Notice of Company (Williston Basin), tendered for with the Commission. The filings are Cancellation of Rate Schedule No. 194 filing as part of its FERC Gas Tariff, listed in ascending order within each and Supplement No. 1 to Rate Schedule Second Revised Volume No. 1, the docket classification. 194. FPL requests an effective date of March 19, 2004. revised tariff sheets listed on Appendix 1. Southern Company Services, Inc. A to the filing, proposed to become FPL states that a copy of this filing effective July 10, 2004. [Docket No. ER02–851–015] has been served on Seminole Electric Williston Basin states that the Take notice that on June 14, 2004, Cooperative, Inc. and Lee County proposed tariff sheets reflect the Southern Company Services, Inc., on Electric Cooperative, Inc. cancellation of Rate Schedule ST–1, behalf of Alabama Power Company, Comment Date: July 6, 2004. Small Customer Firm Transportation Georgia Power Company, Gulf Power 5. American Electric Power Services Service, and Rate Schedule STN–1, Company, Mississippi Power Company, Corporation Small Customer No-Notice Firm and Savannah Electric and Power Transportation Service. No service has Company (collectively Southern [Docket No. ER04–929–000] been provided to any customer eligible Companies), submitted for filing with Take notice that on June 15, 2004, for the small customer service since the Commission a response to a American Electric Power Services 1997 and Williston Basin states that it Commission deficiency letter issued Corporation (AEPSC) tendered for filing does not expect to provide any service May 12, 2004 in Docket No. ER02–851– pursuant to section 35.15 of the under these rate schedules in the future. 010. Commissions regulations, 18 CFR

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section 35.15, a Notice of Termination applicant and on any other person States of America, represented by the of a Compliance Interconnection and designated on the official service list. Secretary of Energy, acting by and Operation Agreement between Indiana This filing is available for review at the through the Administrator, Michigan Power Company and South Commission or may be viewed on the Southwestern Power Administration Shore Power, LLC designated as Third Commission’s Web site at http:// and Union Electric Company, d/b/a Revised Service Agreement No. 521 www.ferc.gov, using the ‘‘FERRIS’’ link. AmerenUE (the parties). Union states under American Electric Power’s Open Enter the docket number excluding the that the purpose of the Contract is to Access Transmission Tariff. AEPSC last three digits in the docket number permit the parties to maintain the requests an effective date of June 15, filed to access the document. For existing interconnection between their 2004. assistance, call (202) 502–8222 or TTY, systems for the transfer of power AEPSC states that a copy of the filing (202) 502–8659. Protests and between their respective systems. was served upon South Shore Power, interventions may be filed electronically Union states that copies of the LLC and the Indiana Utility Regulatory via the Internet in lieu of paper; see 18 Application have been served on the Commission and Michigan Pubic CFR 385.2001(a)(1)(iii) and the Missouri Public Service Commission. Service Commission. instructions on the Commission’s Web Comment Date: July 7, 2004. Comment Date: July 6, 2004. site under the ‘‘e-Filing’’ link. The 3. Michigan Electric Transmission 6. ISO New England Inc Commission strongly encourages Company, LLC electronic filings. [Docket No. ER04–930–000] [Docket Nos. ER04–933–000 and ER01–2375– Take notice that on June 15, 2004, ISO Magalie R. Salas, 007] New England Inc. (ISO) tendered for Secretary. Take notice that on June 15, 2004, filing under section 205 of the Federal [FR Doc. E4–1414 Filed 6–25–04; 8:45 a.m.] Michigan Electric Transmission Power Act changes to its Capital BILLING CODE 6717–01–P Company, LLC (METC) submitted Funding Tariff. The ISO requests that executed and revised Generator the changes to the Capital Funding Interconnection and Operating Tariff be allowed to go into effect on DEPARTMENT OF ENERGY Agreement (GIOA) with Covert July 15, 2004. Generating Company, LLC (Covert) Comment Date: July 6, 2004. Federal Energy Regulatory intended to resolve the issues still Commission 7. Bangor Hydro-Electric Company pending in Docket No. ER01–2375. [Docket No. ER00–1053–011, et al.] METC requests an effective date of July [Docket No. ER00–980–009] 1, 2004. Take notice that on June 15, 2004, Maine Public Service Company, et al.; METC states that copies of this filing Bangor-Hydro Electric Company Electric Rate and Corporate Filings have been served upon Covert, the (Bangor Hydro) submitted an Midwest ISO and all parties on the informational filing showing the June 18, 2004. official service list in Docket No. ER01– implementation of Bangor Hydro’s open The following filings have been made 2375. access transmission tariff formula rate with the Commission. The filings are Comment Date: July 6, 2004. for the charges that became effective on listed in ascending order within each 4. ISO New England Inc. June 1, 2004, pursuant to section 2.11 of docket classification. the Settlement Agreement filed on 1. Maine Public Service Company [Docket No. ES04–39–000] November 1, 2000, in Docket No. ER00– Take notice that on June 15, 2004, ISO 980–000, and accepted and modified by [Docket No. ER00–1053–011] New England Inc. tendered for filing an the Commission on February 26, 2001. Take notice that on June 15, 2004, application under section 204 of the Bangor Hydro states that copies of this Maine Public Service Company (MPS) Federal Power Act, 16 U.S.C. 824c, for filing were sent to Bangor Hydro’s open pursuant to section 2.3 of the Settlement an order authorizing the issuance of access transmission tariff customers, the Agreement filed on February 11, 2004, promissory notes in the total amount of Commission Trial Staff, the Maine in Docket No. ER00–1053–010, and $39,000,000. Public Utilities Commission, and the accepted by the Commission on April 1, ISO New England Inc., states that Maine Public Advocate. 2004, submitted an informational filing copies of said filing have been served Comment Date: July 6, 2004. setting forth the changed open access electronically upon the New England transmission tariff charges effective June Standard Paragraph Power Pool Participants. 1, 2004, together with back-up Comment Date: July 19, 2004. Any person desiring to intervene or to materials. protest this filing should file with the MPS states that copies of this filing Standard Paragraph Federal Energy Regulatory Commission, were served on the parties to the Any person desiring to intervene or to 888 First Street, NE., Washington, DC Settlement Agreement in Docket No. protest this filing should file with the 20426, in accordance with Rules 211 ER00–1053–000, the Commission Trial Federal Energy Regulatory Commission, and 214 of the Commission’s Rules of Staff, the Maine Public Utilities 888 First Street, NE., Washington, DC Practice and Procedure (18 CFR 385.211 Commission, the Maine Public 20426, in accordance with Rules 211 and 385.214). Protests will be Advocate, and current MPS open access and 214 of the Commission’s Rules of considered by the Commission in transmission tariff customers. Practice and Procedure (18 CFR 385.211 determining the appropriate action to be Comment Date: July 6, 2004. and 385.214). Protests will be taken, but will not serve to make considered by the Commission in 2. Union Electric Company protestants parties to the proceeding. determining the appropriate action to be Any person wishing to become a party [Docket No. ER04–931–000] taken, but will not serve to make must file a motion to intervene. All such Take notice that on June 16, Union protestants parties to the proceeding. motions or protests should be filed on Electric Company, d/b/a AmerenUE, Any person wishing to become a party or before the comment date, and, to the (Union) tendered for filing an must file a motion to intervene. All such extent applicable, must be served on the unexecuted Contract between United motions or protests should be filed on

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or before the comment date, and, to the Internet in lieu of paper; see 18 CFR o. Filing and Service of Responsive extent applicable, must be served on the 385.2001(a)(1)(iii) and the instructions Documents—Any filings must bear in applicant and on any other person on the Commission’s web site under the all capital letters the title designated on the official service list. ‘‘e-Filing’’ link. Please include the ‘‘COMMENTS’’, ‘‘PROTEST’’, or This filing is available for review at the project number (P–11509–014) on any ‘‘MOTION TO INTERVENE’’, as Commission or may be viewed on the comments or motions filed. applicable, and the Project Number of Commission’s Web site at http:// The Commission’s Rules of Practice the particular application to which the www.ferc.gov, using the ‘‘FERRIS’’ link. and Procedure require all interveners filing refers. Any of the above-named Enter the docket number excluding the filing documents with the Commission documents must be filed by providing last three digits in the docket number to serve a copy of that document on the original and the number of copies filed to access the document. For each person in the official service list provided by the Commission’s assistance, call (202) 502–8222 or TTY, for the project. Further, if an intervener regulations to: The Secretary, Federal (202) 502–8659. Protests and files comments or documents with the Energy Regulatory Commission, 888 interventions may be filed electronically Commission relating to the merits of an First Street, NE., Washington, DC 20426. via the Internet in lieu of paper; see 18 issue that may affect the responsibilities An additional copy must be sent to CFR 385.2001(a)(1)(iii) and the of a particular resource agency, they Director, Division of Hydropower instructions on the Commission’s Web must also serve a copy of the document Administration and Compliance, site under the ‘‘e-Filing’’ link. The on that resource agency. Federal Energy Regulatory Commission, Commission strongly encourages k. Description of Project: The licensee at the above-mentioned address. A copy electronic filings. requests a two-year extension of time of any motion to intervene must also be served upon each representative of the Magalie R. Salas, from the existing amended deadline of October 23, 2004 to October 23, 2006, to Applicant specified in the particular Secretary. commence project construction of the application. [FR Doc. E4–1415 Filed 6–25–04; 8:45 am] City of Albany Hydroelectric Project. If p. Agency Comments—Federal, state, BILLING CODE 6717–01–P granted, this would be the licensee’s and local agencies are invited to file second two-year extension of the three comments on the described application. authorized by Public Law No. 107–376, A copy of the application may be DEPARTMENT OF ENERGY H.R. 5436. obtained by agencies directly from the Federal Energy Regulatory l. Locations of Applications: A copy of Applicant. If an agency does not file Commission the application is available for comments within the time specified for inspection and reproduction at the filing comments, it will be presumed to Notice of Request for Extension of Commission in the Public Reference have no comments. One copy of an Time To Commence and Complete Room, located at 888 First Street NE, agency’s comments must also be sent to Project Construction and Soliciting Room 2A, Washington DC 20426, or by the Applicant’s representatives. Comments calling (202) 502–8371. This filing may Magalie R. Salas, also be viewed on the Commission’s Secretary. June 18, 2004. Web site at http://www.ferc.gov using Take notice that the following the ‘‘eLibrary’’ link. Enter the docket [FR Doc. E4–1420 Filed 6–25–04; 8:45 am] hydroelectric application has been filed number excluding the last three digits in BILLING CODE 6717–01–P with the Commission and is available the docket number field to access the for public inspection: document. For assistance, call toll-free DEPARTMENT OF ENERGY a. Type of Application: Request for (866) 208–3676 or e-mail Extension of Time. [email protected]. For TTY, b. Project No: 11509–014. Federal Energy Regulatory call (202) 502–8659. A copy is also Commission c. Date Filed: April 12, 2004. available for inspection and d. Applicant: City of Albany, Oregon. e. Name of Project: City of Albany reproduction at the address in item h. Notice of Application Accepted for Hydroelectric Project. above. Filing and Soliciting Motions To f. Location: The project is located on m. Individuals desiring to be included Intervene and Protest on the Commission’s mailing list should the Albany-Santiam Canal system in June 18, 2004. Linn County, Oregon. so indicate by writing to the Secretary g. Pursuant to: Public Law 107–376, of the Commission. Take notice that the following H.R. 5436. n. Comments, Protests, or Motions to hydroelectric application has been filed h. Applicant Contact: Peter Harr, P.E., Intervene—Anyone may submit with the Commission and is available City of Albany, City Hall, 333 comments, a protest, or a motion to for public inspection. Broadalbin SW, P.O. Box 490, Albany, intervene in accordance with the a. Type of Application: Subsequent OR 97321–0144, (541) 917–7500. requirements of Rules of Practice and minor license. i. FERC Contact: Any questions on Procedure, 18 CFR 385.210, .211, .214. b. Project No.: 632–009. this notice should be addressed to Mr. In determining the appropriate action to c. Date filed: February 13, 2004. Lynn R. Miles, Sr. at (202) 502–8763. take, the Commission will consider all d. Applicant: Monroe City. j. Deadline for filing comments and or protests or other comments filed, but e. Name of Project: Lower Monroe motions: July 23, 2004. only those who file a motion to Hydroelectric Project. All documents (original and eight intervene in accordance with the f. Location: On Monroe Creek, 2 miles copies) should be filed with: Magalie R. Commission’s Rules may become a east of Monroe City, Sevier County, Salas, Secretary, Federal Energy party to the proceeding. Any comments, Utah. The project affects about 1.36 Regulatory Commission, 888 First protests, or motions to intervene must acres of federal lands within the Street, NE, Washington, DC 20426. be received on or before the specified Fishlake National Forest. Comments, protests and interventions comment date for the particular g. Filed Pursuant to: Federal Power may be filed electronically via the application. Act 16 U.S.C. 791(a)–825(r).

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h. Applicant Contact: R. Craig Mathie, in the Public Reference Room or may be DEPARTMENT OF ENERGY Mayor, Monroe City, 10 North Main, viewed on the Commission’s Web site at Monroe, Utah 84754, (435) 527–4621; http://www.ferc.gov using the Federal Energy Regulatory John Spendlove, Jones & DeMille ‘‘eLibrary’’ link. Enter the docket Commission Engineering, 1535 South 100 West, number excluding the last three digits in [Docket No. AD04–9–000] Richfield, Utah 84701, (435) 896–8266. the docket number field to access the i. FERC Contact: Gaylord W. document. For assistance, contact FERC Billing Procedures for Annual Charges Hoisington, (202) 502–6032, or e-mail Online Support at for the Costs of Other Federal at: [email protected]. [email protected] or toll- Agencies for Administering Part I of j. Cooperating agencies: We are asking free at (866) 208–3676, or for TTY, (202) the Federal Power Act; Notice of federal, state, local, and tribal agencies Technical Conference with jurisdiction and/or special 502–8659. A copy is also available for expertise with respect to environmental inspection and reproduction at the June 18, 2004. issues to cooperate with the preparation address in item h above. 1. In an order issued on June 18, 2004, of the environmental document. You may also register online at the Commission acted on matters Agencies who would like to request http://www.ferc.gov/docs-filing/ remanded to it by the court in City of cooperating status should follow the esubscription.asp to be notified via Tacoma, WA, et al. v. FERC, 331 F.3d instructions for filing comments email of new filings and issuances 106 (D.C. Cir. 2003). The court described in item k below. related to this or other pending projects. concluded that the Commission is k. Deadline for filing comments and For assistance, contact FERC Online required to determine the reasonableness of costs incurred by requests for cooperating agency status: Support. August 24, 2004. other Federal agencies (OFAs) related to All documents (original and eight o. Anyone may submit a protest or a the participation of those agencies in the copies) should be filed with: Magalie R. motion to intervene in accordance with Commission’s proceedings under Salas, Secretary, Federal Energy the requirements of Rules of Practice Federal Power Act (FPA) Part I 1 when Regulatory Commission, 888 First and Procedure, 18 CFR 385.210, those agencies seek to include such Street, NE., Washington, DC 20426. 385.211, and 385.214. In determining costs in the administrative annual The Commission’s Rules of Practice the appropriate action to take, the charges licensees must pay to reimburse require all intervenors filing documents Commission will consider all protests the United States for the cost of with the Commission to serve a copy of filed, but only those who file a motion administering Part I.2 The court also that document on each person on the to intervene in accordance with the remanded to the Commission issues official service list for the project. Commission’s Rules may become a regarding the eligibility of specific types Further, if an intervenor files comments party to the proceeding. Any protests or of OFA costs for reimbursement, and or documents with the Commission motions to intervene must be received issues regarding the availability of relating to the merits of an issue that on or before the specified deadline date refunds for certain charges. 2. The June 18 order determined may affect the responsibilities of a for the particular application. particular resource agency, they must which OFA costs are eligible to be also serve a copy of the document on All filings must (1) bear in all capital included in administrative annual that resource agency. letters the title ‘‘PROTEST’’ or charges. It also established procedures Motions to intervene and protests and ‘‘MOTION TO INTERVENE;’’ (2) set for Commission review of future OFA requests for cooperating agency status forth in the heading the name of the cost submittals and those currently may be filed electronically via the applicant and the project number of the under appeal. Finally, it introduced a Internet in lieu of paper. The application to which the filing new form for such cost submittals and Commission strongly encourages responds; (3) furnish the name, address, announced that a technical conference electronic filings. See 18 CFR and telephone number of the person would be held for the purpose of 385.2001(a)(1)(iii) and the instructions protesting or intervening; and (4) finalizing the proposed form, so that it on the Commission’s Web site (http:// otherwise comply with the requirements can be used in the Commission’s www.ferc.gov) under the ‘‘e-Filing’’ link. of 18 CFR 385.2001 through 385.2005. consideration of OFA cost submittals on l. This application has been accepted, Agencies may obtain copies of the appeal and prospectively. The form was attached to the order and is posted on but is not ready for environmental application directly from the applicant. the Commission’s Web site.3 analysis at this time. A copy of any protest or motion to m. The proposed run-of-river project 3. The Comission will hold a intervene must be served upon each consists of: (1) A 10-foot-high, 13-foot- technical conference on the new form representative of the applicant specified long concrete overflow-type diversion for submittal of OFA Part I-related costs. structure with an adjustable slide gate; in the particular application. The purpose of the conference will be (2) a concrete intake structure with a Magalie R. Salas, for OFAs and licensees to obtain any trash rack and a 21-inch-diameter, 100- needed clarification regarding the Secretary. format and content requirements of the foot-long cast iron pipeline; (3) a 8,400- [FR Doc. E4–1421 Filed 6–25–04; 8:45 a.m.] foot-long, 16-inch-diameter to 20-inch form, and to make any diameter welded steel and ductile iron BILLING CODE 6717–01–P pipe penstock; (4) a 15-foot-wide, 26- 1 16 U.S.C. 794–823b. 2 foot-long reinforced concrete and The OFAs are the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of concrete block power house containing Reclamation, the National Park Service, and the a Pelton Wheel turbine with a 250- U.S. Fish and Wildlife Service (all in the kilwatt generator and controls; (5) a 250- Department of the Interior); the Corps of Engineers foot-long transmission line; and (6) (in the Department of the Army); the U.S. Forest Service (in the Department of Agriculture); and the appurtenant facilities. National Oceanic and Atmospheric Administration n. A copy of the application is (in the Department of Commerce). available for review at the Commission 3 http://www.ferc.gov/.

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recommendations for improvement of ENVIRONMENTAL PROTECTION holidays. The telephone number for the the form in that regard. The conference AGENCY Reading Room is (202) 566–1744, and will not consider any issues pertaining the telephone number for [ORD–2004–0009, FRL–7778–7] to requests for rehearing of the June 18 Environmental Information Docket is Order. Agency Information Collection (202) 566–1752. An electronic version of 4. The Conference will be held on July Activities: Proposed Collection; the public docket is available through 1, 2004, in Hearing Room 6 at the Comment Request: Inventory of EPA Dockets (EDOCKET) at http:// Commission’s headquarters at 888 First Environmental Public Health Bio www.epa.gov/edocket. Use EDOCKET to Street, NE., Washington, DC. The Monitoring Programs and Health obtain a copy of the draft collection of conference will begin at 9 a.m. (e.s.t). Surveillance Databases for the Mid information, submit or view public An agenda may be viewed on the Atlantic Region, EPA ICR Number comments, access the index listing of Commission’s website by June 25, 2004. 2146.01 the contents of the public docket, and to access those documents in the public 5. The technical conference will also AGENCY: Environmental Protection docket that are available electronically. be transcribed. Those interested in Agency (EPA). Once in the system, select ‘‘search,’’ obtaining a copy of the transcript ACTION: Notice. then key in the docket ID number immediately for a fee should contact the identified above. Ace-Federal Reporters, Inc., at 202–347– SUMMARY: In compliance with the Any comments related to this ICR 3700, or 1–800–336–6646. Two weeks Paperwork Reduction Act (44 U.S.C. should be submitted to EPA within 60 after the post-forum meeting, the 3501 et seq.), this document announces days of this notice. EPA’s policy is that transcript will be available for free on that EPA is planning to submit a public comments, whether submitted the Commission’s e-library system. proposed Information Collection electronically or in paper, will be made Anyone without access to the Request (ICR) to the Office of available for public viewing in Commission’s website or who has Management and Budget (OMB). This is EDOCKET as EPA receives them and questions about the technical a request for a new approved collection. without change, unless the comment conference should contact Anton Porter Before submitting the ICR to OMB for contains copyrighted material, CBI, or at 202–502–8728, e-mail at review and approval, EPA is soliciting other information whose public [email protected]. comments on specific aspects of the disclosure is restricted by statute. When proposed information collection as Magalie R. Salas, EPA identifies a comment containing described below. Secretary. copyrighted material, EPA will provide DATES: Comments must be submitted on [FR Doc. E4–1417 Filed 6–25–04; 8:45 am] a reference to that material in the or before August 27, 2004. version of the comment that is placed in BILLING CODE 6717–01–P ADDRESSES: Submit your comments, EDOCKET. The entire printed comment, referencing docket ID number ORD– including the copyrighted material, will DEPARTMENT OF ENERGY 2004–0009, to EPA online using be available in the public docket. EDOCKET (our preferred method), by e- Although identified as an item in the Federal Energy Regulatory mail to [email protected], or by mail official docket, information claimed as Commission to: EPA Docket Center, Environmental CBI, or whose disclosure is otherwise Protection Agency, Office of restricted by statute, is not included in Environmental Information Docket, Mail [Docket No. AD04–6–000] the official public docket, and will not Code 28221T, 1200 Pennsylvania Ave., be available for public viewing in Notice of Availability of Staff’s NW., Washington, DC 20460. EDOCKET. For further information Responses to Comments on the FOR FURTHER INFORMATION CONTACT: about the electronic docket, see EPA’s Consequence Assessment Methods Marsha Marsh, U.S. EPA /ORD/Mid Federal Register notice describing the for Incidents Involving Releases From Atlantic Integrated Assessment Offices electronic docket at 67 FR 38102 (May Liquefied Natural Gas Carriers (MAIA), Research Triangle Park, NC 31, 2002), or go to http://www.epa.gov/ 27722, Mail Code E 343–03; telephone edocket. June 18, 2004. number: 919–541–2542; fax number: Affected entities: Entities potentially The Federal Energy Regulatory 919–541–7588; e-mail address: affected by this action are a broad brush Commission’s staff researched and [email protected]; or Patricia of State/Federal/ environmental groups, reviewed methodologies for modeling Bradley, Director, U.S. EPA/ORD/Mid private environmental/health agencies, liquefied natural gas spills on water. Atlantic Integrated Assessment Office academic partners/institutions and The final report entitled Consequence (MAIA), Environmental Science Center, research bodies, both private and Assessment Methods for Incidents 701 Mapes Road, Ft Meade, MD 20755- public. This is inclusive of but not Involving Releases from Liquefied 5053; telephone: 410–305–2744; e-mail limited to specialities in the areas of Natural Gas Carriers was made available address: [email protected]. ecology, genetics, chemistry , geology, to the public on May 14, 2004, with SUPPLEMENTARY INFORMATION: EPA has hydrology, economics, sociology, comments due by May 28. The staff’s established a public docket for this ICR psychology, political science, statistics, responses to the comments are now under Docket ID number ORD–2004– information, GIS, and health science, available in PDF format from the 0009, which is available for public public health, medical and veterinary Commission’s Web site (http:// viewing at the Office of Environmental science, pharmacology, toxicology. www.ferc.gov/industries/gas/indus- InformationDocket in the EPA Docket Title: Inventory Of Environmental act.asp). Center (EPA/DC), EPA West, Room Public Health Bio monitoring Programs B102, 1301 Constitution Ave., NW., And Health Surveillance Databases For Magalie R. Salas, Washington, DC. The EPA Docket The Mid Atlantic Region. Secretary. Center Public Reading Room is open Abstract: The overarching theme/ [FR Doc. E4–1428 Filed 6–25–04; 8:45 am] from 8:30 a.m. to 4:30 p.m., Monday rationale of the project is to improve the BILLING CODE 6717–01–P through Friday, excluding legal linkages between human health and

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environmental conditions in the Mid techniques or other forms of information metric tons of ammonia per day, with Atlantic Region. technology, e.g., permitting electronic initial production to commence in the The U.S. Environmental Protection submission of responses. latter part of 2007. It is envisioned this Agency is working with Federal/State/ Burden Statement: The number of new production will be consumed local and academic partners to produce respondents will average some 75–85 primarily in Jordan and India. Interested an online interactive, spatial inventory respondents from multiple sources parties may submit comments on this of public health bio monitoring inclusive of public/private/State/ transaction by e-mail to databases within environmental Federal and independent groups for [email protected] or by mail programs and health surveillance issues of broad national interest within to 811 Vermont Avenue, NW., Room databases for the Mid Atlantic region. public health and environmental bio- 1238, Washington, DC 20571, within 14 Data identified by the inventory will monitoring areas. It is estimated to days of the date this notice appears in contribute to the Mid Atlantic Integrated average 1 hour per respondent for the Federal Register. Assessment (MAIA) experimental completion of the survey tool, which is Helene S. Walsh, research and monitoring effort that links voluntary. Frequency of this burden is human health and environmental only once until the surveillance Director, Policy Oversight and Review. condition and will build upon the program is reorganized or altered. The [FR Doc. 04–14617 Filed 6–25–04; 8:45 am] success of the MAIA regional scale total cost of the start-up, capital, O & M BILLING CODE 6690–01–P geographic assessment of ecological should average approximately condition. The efforts will combine $2,000.00. The survey tools are many scientific disciplines including administered individually to each FEDERAL ELECTION COMMISSION ecology , chemistry, geology, hydrology, respondent, thus there are no postage [Notice 2004–10] economics, sociology, psychology, costs incurred or other related expenses political science, statistics, informatics, for the respondents within the survey Filing Dates for the North Carolina GIS, and health science (e.g., public sample to be pooled. Burden means the Special Election in the 1st health, medical and veterinary science, total time, effort, or financial resources Congressional District pharmacology, toxicology, etc) in an expended by person to generate, effort to study the effects of the changed maintain, retain, or disclose or provide AGENCY: Federal Election Commission. environment upon humans. Data is to be information to or for a Federal agency. ACTION: Notice of filing dates for special collected by the individual interview This includes the time needed to review election. (either in person or by phone calls) on instructions, develop, acquire, install an unpaid voluntary basis. The data in and utilize technology and systems for SUMMARY: North Carolina has scheduled the inventory will be available the purposes of collecting, validating, a special general election on July 20, electronically and on the Internet for and verifying information, processing 2004, to fill the U.S. House of use by a variety of resource managers, and maintaining information, and Representatives seat in the First regulators, the scientific community and disclosing and providing information; Congressional District vacated by the informed public. The data will allow adjust the existing ways to comply with Representative Frank W. Ballance, Jr. the user to identify the location, any previously applicable instructions Committees participating in the North purpose, agency/institution and requirements; train personnel to be Carolina Special General Election are participation, parameter characteristics able to respond to a collection of required to file pre- and post-election (type, frequency, format) and data information; search data sources; reports. disposition for each inventoried complete and review the collection of program. The inventory will contain FOR FURTHER INFORMATION CONTACT: Mr. information; search data sources; information on program design, program Kevin R. Salley, Information Division, complete and review the collection of administration, and specific meta-data 999 E Street, NW., Washington, DC information; and transmit or otherwise on parameters that are monitored on 20463; Telephone: (202) 694–1100; Toll disclose the information. environmental health. It will not Free (800) 424–9530. include any personal information or any Dated: June 7, 2004. SUPPLEMENTARY INFORMATION: Steve Hedtke, confidential information. Principal Campaign Committees An agency may not conduct or Acting Director, National Health sponsor, and a person is not required to Environmental Effects Research Laboratory. All principal campaign committees of respond to, a collection of information [FR Doc. 04–14607 Filed 6–25–04; 8:45 am] candidates participating in the North unless it displays a currently valid OMB BILLING CODE 6560–50–P Carolina Special General Election shall control number. The OMB control file a 12-day Pre-General Report on July numbers for EPA’s regulations in 40 8, 2004; and a 30-day Post-General Report on August 19, 2004. (See chart CFR are listed in 40 CFR part 9. EXPORT-IMPORT BANK OF THE The EPA would like to solicit below for the closing date for each UNITED STATES comments to: (i) Evaluate whether the report). proposed collection of information is Economic Impact Policy necessary for the proper performance of Unauthorized Committees (PACs and the functions of the Agency, including This notice is to inform the public Party Committees) whether the information will have that the Export-Import Bank has Political committees filing on a practical utility; (ii) enhance the quality, received an application to finance the quarterly basis in 2004 are subject to utility, and clarity of the information to export of up to $200 million of special election reporting if they make be collected; and (iii) minimize the equipment and other goods and services previously undisclosed contributions or burden of the collection of information to a buyer in Egypt. The U.S. exports expenditures in connection with the on those who are to respond, including will enable the Egyptian company to North Carolina Special General Election through the use of appropriate produce anhydrous ammonia from by the close of books for the applicable automated electronic, mechanical, or natural gas. The Egyptian company will report(s). (See chart below for the other technological collection have a production capacity of 2,000 closing date for each report).

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Committees filing monthly that Federal Election Commission electioneering communications costing support candidates in the North promulgated new electioneering more than $10,000 in the aggregate in a Carolina Special General Election communications rules governing calendar year disclose that activity to should continue to file according to the television and radio communications the Commission within 24 hours of the monthly reporting schedule. that refer to a clearly identified federal distribution of the communication. See candidate and are distributed within 60 11 CFR 104.20. Disclosure of Electioneering days prior to a special general election. The 60-day electioneering Communications (Individuals and 11 CFR 100.29. The statute and communications period in connection Other Unregistered Organizations) regulations require, among other things, with the North Carolina Special General As required by the Bipartisan that individuals and other groups not runs from May 21, 2004 through July 20, Campaign Reform Act of 2002, the registered with the FEC who make 2004.

CALENDAR OF REPORTING DATES FOR NORTH CAROLINA SPECIAL ELECTION COMMITTEES INVOLVED IN THE SPECIAL GENERAL (07/20/04) MUST FILE

Reg./cert. & Report Close of books1 overnight mail- Filing date ing date 2

July Quarterly ...... —waived— Pre-General ...... 06/30/04 3 07/05/04 07/08/04 Post-General ...... 08/09/04 08/19/04 08/19/04 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee’s first activity. 2 Reports sent by registered or certified mail must be postmarked by the mailing date. Committees should keep the mailing receipt with its postmark as proof of filing. If using overnight mail, the delivery service must receive the report by the mailing date. ‘‘Overnight mail’’ means an overnight service with an on-line tracking system. Reports filed by any other means must be received by the Commission by the filing date. 3 Notice that the registered, certified and overnight mailing date falls on a weekend or federal holiday. The report should be postmarked before that date.

Dated: June 21, 2004. and thereby indirectly acquire voting writing on the standards enumerated in Michael E. Toner, shares of First National Bank, Cooper, the BHC Act (12 U.S.C. 1842(c)). If the Commissioner, Federal Election Commission. Texas, and The Delta Bank, Cooper, proposal also involves the acquisition of [FR Doc. 04–14385 Filed 6–25–04; 8:45 am] Texas. a nonbanking company, the review also BILLING CODE 6715–01–P Board of Governors of the Federal Reserve includes whether the acquisition of the System, June 23, 2004. nonbanking company complies with the Robert deV. Frierson, standards in section 4 of the BHC Act FEDERAL RESERVE SYSTEM Deputy Secretary of the Board. (12 U.S.C. 1843). Unless otherwise [FR Doc. 04–14622 Filed 6–25–04; 8:45 am] noted, nonbanking activities will be Change in Bank Control Notices; BILLING CODE 6210–01–S conducted throughout the United States. Acquisition of Shares of Bank or Bank Additional information on all bank Holding Companies holding companies may be obtained The notificants listed below have FEDERAL RESERVE SYSTEM from the National Information Center applied under the Change in Bank website at www.ffiec.gov/nic/. Control Act (12 U.S.C. 1817(j)) and Formations of, Acquisitions by, and Mergers of Bank Holding Companies Unless otherwise noted, comments § 225.41 of the Board’s Regulation Y (12 regarding each of these applications CFR 225.41) to acquire a bank or bank The companies listed in this notice must be received at the Reserve Bank holding company. The factors that are have applied to the Board for approval, indicated or the offices of the Board of considered in acting on the notices are pursuant to the Bank Holding Company Governors not later than July 22, 2004. set forth in paragraph 7 of the Act (12 Act of 1956 (12 U.S.C. 1841 et seq.) U.S.C. 1817(j)(7)). A. Federal Reserve Bank of Atlanta The notices are available for (BHC Act), Regulation Y (12 CFR Part (Sue Costello, Vice President) 1000 immediate inspection at the Federal 225), and all other applicable statutes Peachtree Street, N.E., Atlanta, Georgia Reserve Bank indicated. The notices and regulations to become a bank 30303: holding company and/or to acquire the also will be available for inspection at 1. Southwest Florida Community the office of the Board of Governors. assets or the ownership of, control of, or the power to vote shares of a bank or Bancorp, Inc., Fort Myers, Florida; to Interested persons may express their acquire at least 80 percent of the voting views in writing to the Reserve Bank bank holding company and all of the shares of Community Bank of Cape indicated for that notice or to the offices banks and nonbanking companies Coral, Cape Coral, Florida (in of the Board of Governors. Comments owned by the bank holding company, organization). must be received not later than July 13, including the companies listed below. 2004. The applications listed below, as well Board of Governors of the Federal Reserve A. Federal Reserve Bank of Dallas as other related filings required by the System, June 22, 2004. (W. Arthur Tribble, Vice President) 2200 Board, are available for immediate Robert deV. Frierson, North Pearl Street, Dallas, Texas 75201– inspection at the Federal Reserve Bank Deputy Secretary of the Board. 2272: indicated. The application also will be [FR Doc. 04–14506 Filed 6–25–04; 8:45 am] 1. Frank Henslee Miller, , Texas; available for inspection at the offices of to acquire voting shares of Cooper Lake the Board of Governors. Interested BILLING CODE 6210–01–S Financial Corporation, Cooper, Texas, persons may express their views in

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FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve SUPPLEMENTARY INFORMATION: System, June 23, 2004. Formations of, Acquisitions by, and Robert deV. Frierson, A. Background Mergers of Bank Holding Companies Deputy Secretary of the Board. In lieu of other voucher forms, SF [FR Doc. 04–14623 Filed 6–25–04; 8:45 am] 1113 and SF 1113–A were first The companies listed in this notice BILLING CODE 6210–01–S prescribed in 1943 by the General have applied to the Board for approval, Accounting Office (GAO) to improve pursuant to the Bank Holding Company and standardize carrier freight billing Act of 1956 (12 U.S.C. 1841 et seq.) GENERAL SERVICES procedures. The advantages and (BHC Act), Regulation Y (12 CFR Part ADMINISTRATION disadvantages of allowing carriers to use 225), and all other applicable statutes their own billing forms, in lieu of SF and regulations to become a bank Transportation Management Policy: Request for Comments on 1113 and SF 1113–A, were considered holding company and/or to acquire the in the 1969 Joint Agency Transportation assets or the ownership of, control of, or Discontinuing the Use of Standard Form (SF) 1113, Public Voucher for Study (JATS). Responses from most of the power to vote shares of a bank or the carriers and Government agencies bank holding company and all of the Transportation Charges and, and SF 1113–A (Memorandum Copy) queried in that study indicated a banks and nonbanking companies preference for using SF 1113 and SF owned by the bank holding company, AGENCY: Office of Governmentwide 1113–A over individual carrier invoices. including the companies listed below. Policy, General Services Administration The agencies maintained that use of The applications listed below, as well (GSA). Government forms expedited the as other related filings required by the ACTION: Notice. processing and paying of carrier bills, Board, are available for immediate and the carriers indicated they were SUMMARY: The General Services inspection at the Federal Reserve Bank having no problems using these forms. indicated. The application also will be Administration (GSA) is proposing to discontinue use of the Standard Form The General Services Administration available for inspection at the offices of (SF) 1113, Public Voucher for (GSA now prescribes use of SF 1113 and the Board of Governors. Interested Transportation Charges, and its its memorandum copy, SF 1113–A ), in persons may express their views in memorandum copy, SF 1113–A, in the part 102–117 of the Federal writing on the standards enumerated in current paper format. As the Federal Management Regulation (FMR) (41 CFR the BHC Act (12 U.S.C. 1842(c)). If the Government continues to align its long- part 102–117). proposal also involves the acquisition of standing business practices to reflect the During the time that SF 1113 and SF a nonbanking company, the review also best and most successful business 1113–A have been in use, there have includes whether the acquisition of the practices used commercially, been many management improvements nonbanking company complies with the conversion to electronic commerce has in how the Government conducts its standards in section 4 of the BHC Act become most significant. Accordingly, transportation business. Much of this (12 U.S.C. 1843). Unless otherwise an approved electronic version of SF effort is linked to the implementation of noted, nonbanking activities will be 1113 and SF 1113–A will be acceptable. electronic Government as a critical tool conducted throughout the United States. Based on comments received, GSA also to standardize and streamline processes Additional information on all bank will determine the feasibility of related to transportation, as well as its allowing transportation service holding companies may be obtained other business lines. GSA is of the providers to use their individual from the National Information Center opinion that the Government’s interests invoices for the electronic billing of website at www.ffiec.gov/nic/. will not be compromised through Unless otherwise noted, comments transportation charges. The General Services Administration electronic payment requests. regarding each of these applications is interested in all comments, especially must be received at the Reserve Bank B. Request for Comments from Government paying, finance, and indicated or the offices of the Board of disbursing offices, that specify the The General Services Administration Governors not later than July 23, 2004. minimum information that must be (GSA) is seeking additional information. A. Federal Reserve Bank of Boston included in any billing document Transportation service providers and (Richard Walker, Community Affairs submitted for payment. other interested parties are urged to Officer) 600 Atlantic Avenue, Boston, DATES: Send your written comments by participate by returning comments. Massachusetts 02106–2204: August 27, 2004. Federal agencies’ finance, paying, and 1. Northeast Bancorp, Auburn, Maine; ADDRESSES: Send your written disbursing offices are asked to identify to become a bank holding company by comments to Ted J. Bembenek, Jr., the information that is required acquiring 100 percent of the voting Office of Governmentwide Policy regardless of what payment instrument shares of Northeast Bank, FSB, Auburn, (MTL), General Services is submitted. Official address, contact, Maine. Administration, 1800 F Street, NW., and due date for submitting comments Room 1221–B, Washington, DC 20405. are stated above. B. Federal Reserve Bank of Kansas Send e-mail comments to: Dated: June 22, 2004. City (Donna J. Ward, Assistant Vice [email protected]. President) 925 Grand Avenue, Kansas Ted J. Bembenek, Jr., City, Missouri 64198–0001: FOR FURTHER INFORMATION CONTACT: Ted Director, Transportation Management Policy J. Bembenek, Jr., Director, 1. Pioneer Bancshares, Inc., Ponca, Division. Transportation Management Policy [FR Doc. 04–14601 Filed 6–25–04; 8:45 am] Oklahoma; to acquire 9.99 percent of the Division, Office of Governmentwide voting shares of Brazos Valley Bank, Policy, GSA, at (202) 208–7629, or BILLING CODE 6820–14–S N.A., College Station, Texas (in Internet e-mail at organization). [email protected].

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DEPARTMENT OF HEALTH AND Also pursuant to section 931 of the for Healthcare Research and Quality HUMAN SERVICES MMA, the Commissioner of SSA and (AHRQ), and agree to be available, to the Secretary of HHS were required to conduct on an as needed basis, Office of the Secretary develop and transmit to the Congress scientific reviews of applications for [Docket No. 2004S–0270] and the Comptroller General of the AHRQ support. Individual members of United States a plan for the transfer of the Panel do not attend regularly- Notice Announcing Publication of responsibility for this function, not later scheduled meetings and do not serve for Report to Congress Entitled ‘‘Plan for than April 1, 2004. Under section 931 of fixed terms or a long period of time. the Transfer of Responsibility for the MMA, the plan was required to Rather, they are asked to participate in Medicare Appeals’’ and Soliciting address: the workload of the particular review meetings which Comments administrative law judges (ALJs), cost require their type of expertise. projections and financing, a timetable Substantial segments of the upcoming ACTION: Notice. for the transition, the feasibility of SEP meeting listed below will be closed giving certain decisions of the to the public in accordance with the SUMMARY: This notice announces the publication of a Report to Congress Departmental Appeals Board (DAB) Federal Advisory Committee Act, entitled ‘‘Plan for the Transfer of precedential authority, access to ALJs, section 10(d) of 5 U.S.C., Appendix 2 Responsibility for Medicare Appeals’’, independence of ALJs, geographic and 5 U.S.C. 552b(c)(6). Grant and solicits public comments. distribution of ALJs, hiring of ALJs and applications for Practice-Based Research support staff, appropriateness of Networks (PBRN) Awards are to be DATES: Comments need to be submitted establishing performance standards for reviewed and discussed at this meeting. by July 28, 2004. ALJs, arrangements for shared resources These discussions are likely to reveal ADDRESSES: You may submit comments, with SSA, and training of ALJs. personal information concerning identifying them as having reference to Consistent with this requirement, on individuals associated with the Docket No. 2004S–0270, in any of the March 25, 2004, the Secretary of HHS applications. This information is following ways: and the Commissioner of SSA submitted exempt from mandatory disclosure • By E-mail: please include the a Report to Congress entitled ‘‘Plan for under the above-cited status. above-cited docket number in the the Transfer of Responsibility for subject line of your message, and send SEP Meeting on: Practice-Based Networks Medicare Appeals.’’ the comments to [email protected]. Awards (PBRN). (Note: The Food and Drug II. Provisions of the Notice Date: July 22–23, 2004. Open July 22, from Administration (FDA) is currently 8–8:15 a.m., and closed for the remainder of The report is published on the HHS the meeting.) providing a repository for comments on Web site and can be viewed at Place: John M. Eisenberg Building, AHRQ documents issued by the Office of the www.hhs.gov/medicare/appealsrpt.pdf. Conference Center, 540 Gaither Road, Secretary). Rockville, Maryland 20850. • We are soliciting comments from the Through the U.S. Postal Service: public on how we might implement any Contact Person: Anyone wishing to obtain send written comments to: and all aspects of the plan for the a roster of members, agenda or minutes of the Food and Drug Administration, nonconfidential portions of this meeting transition, as described in the report, Division of Dockets Management, 5630 should contact Mrs. Bonnie Campbell, and we are particularly interested in Fishers Lane, Room 1061, Rockville MD Committee Management Officer, Office of comments and ideas on how to best 20852–20201. Extramural Research, Education and Priority Please allow sufficient time for mailed serve the public once responsibility for Populations, AHRQ, 540 Gaither Road, Room comments to be received timely in the the Medicare appeals function is 2038, Rockville, Maryland 20850, telephone event of delivery delays. Because of staff transferred to HHS in 2005. Please see (301) 427–1554. the ADDRESSES section of this Notice for Agenda items for this meeting are subject and resource limitations, we cannot to change as priorities dictate. accept faxed comments. All comments information about how to submit received will be electronically posted comments. Dated: June 21, 2004. without change to: http//www.fda.gov/ Dated: June 24, 2004. Carolyn M. Clancy, dockets/ecomments, including any Ann C. Agnew, Director. personal information provided. Paper Executive Secretary to the Department. [FR Doc. 04–14643 Filed 6–25–04; 8:45 am] copies may be viewed at the Division of [FR Doc. 04–14680 Filed 6–25–04; 8:45 am] BILLING CODE 4160–90–M Dockets Management at the above-cited BILLING CODE 4150–03–P address. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Catherine Tyrell, ASAM/HHS; DEPARTMENT OF HEALTH AND HUMAN SERVICES telephone (202) 690–7431. HUMAN SERVICES Administration for Children and SUPPLEMENTARY INFORMATION: Agency for Healthcare Research and Families I. Background Quality Proposed Information Collection On December 8, 2003, the Medicare Notice of Meeting Activity; Comment Request; Proposed Prescription Drug, Improvement, and Projects Modernization Act of 2003 (MMA) In accordance with section 10(d) of (Pub.L. 108–173) was enacted. Section the Federal Advisory Committee Act (5 Title: Guidance for the Tribal 931 of the MMA requires transfer of U.S.C., Appendix 2), announcement is Temporary Assistance for Needy responsibility for the Medicare appeals made of a Health Care Policy and Families (TANF) Program. function from the Social Security Research Special Emphasis Panel (SEP) OMB No.: 0970–0157. Administration (SSA) to the Department meeting. Description: 42 U.S.C. 612 (section of Health and Human Services (HHS) A Special Emphasis Panel is a group 412 of the Social Security Act) requires not earlier than July 1, 2005 and not of experts in fields related to health care each Indian tribe that elects to later than October 1, 2005. research who are invited by the Agency administer and operate a TANF program

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to submit a Tribal TANF plan. The will be administered and operated. It is grant. It is also made available to the Tribal plan is a mandatory statement used by the Secretary to determine public. submitted to the Secretary by the Indian whether the plan is approvable and to Respondents: Indian tribes applying tribe, which consists of an outline of determine that the Indian tribe is to operate a TANF program. how the Indian tribe’s TANF program eligible to receive a TANF assistance

ANNUALL BURDEN ESTIMATES

Number of Average Number of responses burden Total burden Instrument respondents per hours hours respondent per response

Guidance for the Tribal Temporary Assistance for Needy Families (TANF) Program ...... 20 1 54 1080

Estimated Total Annual Burden Hours ...... 1080

In compliance with the requirements the quality, utility, and clarity of the OMB No.: 0980–0162. of Section 3506(c)(2)(A) of the information to be collected; and (d) Description: In accordance with the Paperwork Reduction Act of 1995, the ways to minimize the burden of the Developmental Disabilities Assistance Administration for Children and collection of information on and Bill of Rights Act of 2000, Families is soliciting public comment respondents, including through the use University Centers (UCEDDs) are on the specific aspects of the of automated collection techniques or required to collect data to measure information collection described above. other forms of information technology. progress achieved in one or more areas Copies of the proposed collection of Consideration will be given to information can be obtained and comments and suggestions submitted of emphasis (child care, education and comments may be forwarded by writing within 60 days of this publication. early intervention, employment, health, housing, recreation, transportation, to the Administration for Children and Dated: June 21, 2004. Families, Office of Administration, quality assurance) through advocacy, Robert Sargis, Office of Information Services, 370 capacity building, and systemic change L’Enfant Promenade, SW., Washington, Reports Clearance Officer. activities. The Annual Report must DC 20447, Attn: ACF Reports Clearance [FR Doc. 04–14533 Filed 6–25–04; 8:45 am] indicate progress in terms of measures Officer. E-mail address: BILLING CODE 4184–01–M of improvement, consumer satisfaction, [email protected]. All requests and collaboration across the State should be identified by the title of the Developmental Disabilities Network. DEPARTMENT OF HEALTH AND information collection. Respondents: University Centers for The Department specifically requests HUMAN SERVICES comments on: (a) Whether the proposed Excellence in Developmental collection of information is necessary Administration for Children and Disabilities. for the proper performance of the Families functions of the agency, including Proposed Projects whether the information shall have practical utility; (b) the accuracy of the Title: Annual Report on Progress— agency’s estimate of the burden of the University Centers for Excellence in proposed collection of information; (c) Developmental Disabilities. ANNUAL BURDEN ESTIMATES

Number of Average Number of responses burden Total Instrument respondents per respond- hours per burden ent response hours

Annual Report on Progress—University Centers ...... 61 1 80 4,880

Estimated Total Annual Burden Hours ...... 4,880

In compliance with the requirements to the Administration for Children and collection of information is necessary of Section 3506(c)(2)(A) of the Families, Office of Administration, for the proper performance of the Paperwork Reduction Act of 1995, the Office of Information Services, 370 functions of the agency, including Administration for Children and L’Enfant Promenade, SW., Washington, whether the information shall have Families in soliciting public comment DC 20447, Attn: ACF Reports Clearance practical utility; (b) the accuracy of the on the specific aspects of the Officer. E-mail address: agency’s estimate of the burden of the information collection described above. [email protected]. All requests proposed collection of information; (c) Copies of the proposed collection of should be identified by the title of the the quality, utility, and clarity of the information can be obtained and information collection. information to be collected; and (d) The Department specifically requests comments may be forwarded by writing ways to minimize the burden of the comments on: (a) Whether the proposed

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collection of information on PHS–5161–1 (7/00) are available via the health fraud information obtained by respondents, including through the use Internet at http://www.psc.gov/forms. the State Health Fraud Task Force to of automated collection techniques or Do not send the application to the State health agencies, community based other forms of information technology. Center for Scientific Review, National organizations, and FDA staff. Consideration will be given to Institutes of Health (NIH). An III. Project Goals, Definitions, and comments and suggestions submitted application not received by FDA in time Examples within 60 days of this publication. for orderly processing will be returned to the applicant without consideration. State Health Fraud Task Force grants Dated: June 21, 2004. will be awarded only for direct costs Robert Sargis, FDA cannot receive an application electronically. incurred to accomplish the mission of Reports Clearance Officer. the State Health Fraud Task Force [FR Doc. 04–14534 Filed 6–25–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Program in educating and combating Regarding the administrative and BILLING CODE 4184–01–M health fraud. financial management aspects of Examples of direct costs may include this notice: Cynthia M. Polit (see the following items: (1) Conferences/ DEPARTMENT OF HEALTH AND ADDRESSES). workshops sponsored by the task force, HUMAN SERVICES Regarding the programmatic aspects (2) development of public service of this notice: Stephen Toigo, announcements/campaigns, (3) health Food and Drug Administration Division of Federal-State Relations fraud brochures, and (4) travel expenses (HFC–150), Food and Drug for face-to-face State Health Fraud Task State Health Fraud Task Force Grants; Administration, 5600 Fishers Lane, Force meetings. Grant funds may be Availability of Funds for Fiscal Year Rockville, MD 20857, 301–827– used to cover the cost of the program 2004: Request for Applications 6906, e-mail: [email protected]. director, or task force chair, to attend Internet site: http://www.fda.gov/ one non-FDA sponsored health fraud AGENCY: Food and Drug Administration, _ HHS. ora/fed state/default.htm. related meeting and one FDA-sponsored SUPPLEMENTARY INFORMATION: ACTION: Notice. National Health Fraud Task Force I. Introduction Steering Committee meeting per year. SUMMARY: The Food and Drug Grant funds may not be used to Administration (FDA) is announcing the FDA will support projects covered by purchase meals in conjunction with any availability of grant funds for State this notice under sections 1702 through activities sponsored by the State Health Health Fraud Task Force Grant Program 1706 of title XVII of the Public Health Fraud Task Force or for any Federal support. Grant funds will be used to Service Act (42 U.S.C. 300u-1 through employee to travel to any task force assist law enforcement agencies in 300u-5). FDA’s project program is meeting or to participate in any task identifying and prosecuting perpetrators described in the Catalog of Federal force activity. FDA region/district of health fraud; obtain and disseminate Domestic Assistance, No. 93.447, and representatives may be invited to be information on the use of fraudulent applicants are limited to States that liaisons or advisors of the State Health drugs and therapies; disseminate have an existing State Health Fraud Fraud Task Force but each task force information on approved drugs and Task Force or States that are in the should develop its own guidelines for therapies; and provide health fraud process of developing a task force. work, consensus decision making, size information obtained by the State Only one award will be made per and format. Health Fraud Task Force to State health State. A fiscal agent, who will be The Division of Federal-State agencies, community based responsible for the administrative Relations will provide meeting organizations, and FDA staff. responsibilities for grant funds to guidelines and organization documents Approximately $300,000 will be conduct their activities, must be as requested. State Health Fraud Task available for this program in fiscal year identified on the application. A program Force grants will be awarded for up to 2004. FDA anticipates making director, also known as the State Health 3 years based on availability of funds approximately 20 awards, not to exceed Fraud Task Force Chair, must be and satisfactory performance. The $15,000 in direct costs only per award identified as being responsible for budgets for all years of requested per year. Support of these grants will be submission of the application, and a support must be fully justified in the for up to 3 years. The number of grants complete listing of all State Health original application. Fraud Task Force members and their awarded will depend on the quality of IV. Reporting Requirements the applications received and the credentials must be included in the availability of Federal funds to support application. Semi-annual progress reports as well as a final program progress report are the grant. These grants are not intended II. Background to fund food, medical device, or drug required. The grantee must submit a inspections. The mission of the State Health Fraud progress report and two copies to FDA’s Task Force is as follows: (1) To assist grants management officer in the middle DATES: The application receipt date is health professionals and persons with of each budget period and also within August 12, 2004. serious illnesses and to educate them 90 days after the end of each budget ADDRESSES: Application kits are about the dangers and magnitude of period. The final progress report, due 90 available from, and completed health fraud; (2) to assist law days after the end of the project period, applications should be mailed, hand- enforcement agencies in identifying and must provide full written carried, or commercially delivered to prosecuting perpetrators of health fraud; documentation of the project, copies of Cynthia M. Polit, Division of Contracts (3) to obtain and disseminate any results (as described in the grant and Grants Management (HFA–531), information on the fraudulent drugs and application), and an analysis and Food and Drug Administration, 5630 therapies being used and the evaluation of the results of the project. Fishers Lane, rm. 2142, Rockville, MD consequences of their use; (4) to An annual financial status report 20852, 301–827–7180, e-mail: disseminate information on approved (FSR) is due 90 days after the end of [email protected]. Application forms drugs and therapies; and (5) to provide each budget period. The final FSR is

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due 90 days after the end of the project C. Length of Support program staff (see ADDRESSES) and all period. It is anticipated that FDA will fund questions of an administrative or Program monitoring of recipients will these grants at a level requested but not financial nature must be directed to the be conducted on an ongoing basis and exceeding $15,000 total direct costs only grants management staff (see written reports will be reviewed and for the first year. An additional 2 years ADDRESSES). evaluated at least semi-annually by the of support up to approximately $15,000 Applications will be given an overall score and judged based on all of the project officer. Project monitoring may total direct costs only each year will be following criteria: (1) The content/ also be in the form of telephone available, depending upon the following subject matter and how current and conversations between the project factors: (1) Performance during the appropriate it is for FDA’s mission; (2) officer/grants management specialist preceding year, (2) compliance with the educational outreach plan and how and the principal investigator and/or a regulatory requirements of the award, and (3) availability of Federal funds. thorough, reasonable, and appropriate it site visit with appropriate officials of is for accomplishing the mission of the the recipient organization. The results of D. Funding Plan program; (3) the experience, training, these monitoring activities will be The number of grants funded will and competence of the program director recorded in the official file and may be and task force members as described in available to the recipient upon request. depend on the quality of the applications received, their relevance to the application; (4) the reasonableness V. Mechanism of Support the FDA mission, priorities, and the of the proposed budget given the plan availability of funds. for achieving the objective of the A. Award Instrument mission of the State Health Fraud Task VI. Review Procedure and Criteria Force Program; (5) a plan for self- Support for this program will be in sustaining the task force program in the the form of a grant. These grants will be All applications submitted in event that Federal funding were to subject to all policies and requirements response to this RFA will first be become unavailable in the future; (6) a that govern the project grant programs of reviewed by grants management and brief history of the existing State Health FDA, including the provisions of 42 program staffs for responsiveness. Responsiveness is defined as Fraud Task Force and its CFR part 52, 45 CFR parts 74 and 92, accomplishments, not to exceed two and the Public Health Service (PHS) submission of a complete application with original signatures on or before the typewritten pages; (7) a description of Grants Policy Statement. The the structure of the existing State Health regulations issued under Executive required submission date as listed earlier in this document. If an Fraud Task Force including such items Order 12372 also apply to this program as nonprofit organizational status, and are implemented through application is found to be nonresponsive, it will be returned to the membership guidelines, or other Department of Health and Human relevant information to demonstrate the Services (HHS) regulations at 45 CFR applicant without further consideration. An application will be considered task force as a recognizable structured part 100. Executive Order 12372 sets up entity. a system for State and local government nonresponsive if any of the following review of applications for Federal circumstances are not met: (1) If it is VII. Submission Requirements financial assistance. Applicants (other received after the specified receipt date; (2) if the total dollar amount requested The original and two copies of the than Federally recognized Indian tribal completed grant application Form PHS– governments) should contact the State’s from FDA exceeds $15,000 per year; (3) if all required original signatures are not 5161–1 (revised 07/00) for State and single point of contact (SPOC) as early on the face, assurance, or certification local governments should be delivered as possible to alert the SPOC to the pages of the application; (4) if there is to the Grants Management Office (see prospective application(s) and to receive no original signature copy; (5) if it is ADDRESSES). The application receipt any necessary instructions on the State’s illegible; (6) if the material presented is date is 45 days after date of publication review process. A current listing of insufficient to permit an adequate in the Federal Register, for the first SPOCs is included in the application review; (7) if the application year, and that anniversary date for each kit. The SPOC should send any State demonstrates an inadequate subsequent year this program is in review process recommendations to the understanding of the intent of the RFA. effect. No supplemental material or FDA administrative contact (see Responsive applications will be addenda will be accepted after the ADDRESSES). The due date for the State reviewed and evaluated for scientific receipt date. process recommendations is no later and technical merit by an ad hoc panel VIII. Method of Application than 60 days after the deadline date for of experts in the subject field of the the receipt of applications. FDA does specific application. Applications will A. Submission Instructions not guarantee that we will accommodate be considered for funding on the basis Applications will be accepted during or explain SPOC comments that are of their overall technical merit as working hours, 8 a.m. to 4:30 p.m., received after the 60-day cutoff. determined through the review process. Monday through Friday, on or before B. Eligibility Other award criteria will include the established receipt date. availability of funds and overall Applications will be considered This grant program is only available program balance. Funding decisions received on time if sent or mailed on or to one State Health Fraud Task Force will be made by the Commissioner of before the receipt date as evidenced by per State (see SUPPLEMENTARY Food and Drugs or his designee. a legible U.S. Postal Service dated INFORMATION). This program is primarily Applicants are strongly encouraged to postmark or a legible date receipt from intended for previously established contact FDA to resolve any questions a commercial carrier, unless they arrive Health Fraud Task Forces. However, regarding criteria prior to the too late for orderly processing. Private consideration will be given to newly submission of their applications. All metered postmarks shall not be formed task forces that meet the questions of a technical or acceptable as proof of timely mailing. requirements of this request for programmatic nature must be directed Applications not received on time will applications (RFA). to the Office of Regulatory Affairs not be considered for review and will be

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returned to the applicant. Applicants government. The DUNS number is a 9- Comments are invited on: (a) Whether should note that the U.S. Postal Service digit identification number, which the proposed collection of information does not uniformly provide dated uniquely identifies business entities. is necessary for the proper performance postmarks. Before relying on this Obtaining a DUNS number is easy and of the functions of the agency, including method, applicants should check with there is no charge. To obtain a DUNS whether the information shall have their local post office. number, call 1–866–705–5711. Be practical utility; (b) the accuracy of the Do not send applications to the Center certain that you identify yourself as a agency’s estimate of the burden of the for Scientific Research, NIH. Any Federal grant applicant when you proposed collection of information; (c) application sent to NIH that is then contact Dun and Bradstreet. ways to enhance the quality, utility, and forwarded to FDA and not received in clarity of the information to be time for orderly processing will be X. Legend collected; and (d) ways to minimize the deemed unresponsive and returned to Unless disclosure is required by FOIA burden of the collection of information the applicant. FDA is unable to receive as amended (5 U.S.C. 552), as on respondents, including through the applications via the Internet. use of automated collection techniques The outside of the mailing package determined by the freedom of information officials of HHS or by a of other forms of information and item 2 of the application face page technology. should be labeled ‘‘Response to RFA– court, data contained in the portions of FDA–ORA–04–2.’’ You must submit an application which have been Proposed Project: Charitable Facility only one application, an original and specifically identified by page number, Compliance Alternative (amended), two copies, per package. paragraph, etc., by the applicant as Final Rule (OMB No. 0915–0256)— containing restricted and/or proprietary Extension B. Format for Application information shall not be used or The Hill-Burton uncompensated When using Form PHS 5161–1 (rev disclosed except for evaluation purposes. services regulations contain information 07/00), all instructions for the enclosed collection requirements in 42 CFR Part Standard Form 424 (SF424) should be Dated: June 22, 2004. 124 which are needed in order to grant followed using the nonconstruction Jeffery Shuren, certifications to eligible facilities. The application pages. A properly formatted charitable facility compliance sample application for grants can be Assistant Commissioner for Policy. alternative contains specific reporting accessed on the Internet at http:// [FR Doc. 04–14593 Filed 6–25–04; 8:45 am] requirements. 42 CFR 124.516(d) www.fda.gov/ora/fed_state/ BILLING CODE 4160–01–S requires certain information for initial Innovative_Grants.html. The face page of the application full or provisional certification of should indicate ‘‘Response to RFA– DEPARTMENT OF HEALTH AND nonprofit facilities under the charitable FDA–ORA–04–2.’’ The outside of the HUMAN SERVICES facility compliance alternative. mailing package should also be labeled Information for certification of facilities ‘‘Response to State Health Fraud Task Health Resources and Services under the charitable facility compliance Force Grant Program.’’ Administration alternative is needed by the Health Data included in the application, if Resources and Services Administration restricted with the legend specified later Agency Information Collection to verify that the facilities meet the in this document, may be entitled to Activities: Proposed Collection requirements of the compliance confidential treatment as trade secret or Comment Request: In compliance with alternative. Information collected for confidential commercial information the requirement for opportunity for certification consists primarily of: within the meaning of the Freedom of public comment on proposed data Audited financial statements; Information Act (FOIA) (5 U.S.C. collection projects (section 3506(c)(2) of philanthropic documentation 552(b)(4)) and FDA’s implementing Title 44, United States Code, as specifically related to the provision of regulations (21 CFR 20.61). amended by the Paperwork Reduction discounted health services; a Information collection requirements Act of 1995, Pub. L. 104–13), the Health description of the discounted or charity requested on PHS Form 5161–1 were Resources and Services Administration care program; documentation approved and issued under Office of (HRSA) will publish periodic confirming the facility’s commitment to Management and Budget Circular A– summaries of proposed projects being provide all services to all patients or 102. developed for submission to the Office those patients with incomes up to three of Management and Budget (OMB) times the poverty level for nursing IX. Dun and Bradstreet Number (DUNS) under the Paperwork Reduction Act of homes and twice the poverty level for Requirement 1995. To request more information on all other facilities at no charge or at a Beginning October 1, 2003, applicants the proposed project or to obtain a copy discount; and, charging and collection will be required to have a DUNS of the data collection plans, call the policy and procedures. number to apply for a grant or HRSA Reports Clearance Officer on The burden estimate for this project is cooperative agreement from the Federal (301) 443–1129. as follows:

Number of Application Number of re- responses per Total responses Hours per Total burden spondents respondent response hours

Application for Compliance Alternative (42 CFR 124.516(d)) ...... 5 1 5 6 30 Certifications in Years 2 and 3 ...... 5 2 10 .5 5

Total ...... 5 ...... 15 ...... 35

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Send comments to Susan G. Queen, available to the Coast Guard indicates Authority: 33 U.S.C. 513; Department of Ph.D., HRSA Reports Clearance Officer, numerous bridge allusions have Homeland Security Delegation No. 0170.1 Room 14–33 Parklawn Building, 5600 occurred between 1991 and 2003. The Dated: June 14, 2004. Fishers Lane, Rockville, Maryland navigation opening of the bridge is 131 R.F. Duncan, 20857. Written comments should be feet and causes significant delays to Rear Admiral, U.S. Coast Guard, Commander, received with 60 days of this notice. commercial water traffic during periods Eighth Coast Guard District. Dated: June 21, 2004. of high water mariners avoid transiting [FR Doc. 04–14626 Filed 6–23–04; 3:18 pm] the Simmesport Railroad Bridge and Tina M. Cheatham, BILLING CODE 4910–15–M take the Port Allen Route to Morgan Director, Division of Policy Review and Coordination. City, Louisiana, thereby adding 137 miles or one day to their trip. Based on [FR Doc. 04–14594 Filed 6–25–04; 8:45 am] DEPARTMENT OF HOMELAND the comments received at the public SECURITY BILLING CODE 4165–15–P hearing, the bridge may be found to be unreasonably obstructive to navigation. Bureau of Customs and Border Such a finding may require relocating Protection DEPARTMENT OF HOMELAND and increasing the horizontal clearance SECURITY of the railroad bridge to meet the needs Conclusion of Paperless Drawback of navigation. Prototype Coast Guard Procedural AGENCY: Customs and Border Protection, [CGD08–04–023] Homeland Security. Please submit all comments in an ACTION: Notice of Public Hearing on unbound format, no larger than 8 × 11 General notice. Simmesport Railroad Bridge Across inches, suitable for copying and SUMMARY: This document announces the Atchafalaya River, Mile 4.4 at electronic filing. Persons wanting Simmesport, LA that U.S. Customs and Border Protection acknowledgement of receipt of (CBP) will be concluding its Paperless AGENCY: Coast Guard, DHS. comments should enclose a stamped, Drawback Prototype. The prototype, self-addressed postcard or envelope. ACTION: Notice of public hearing; request which tests the feasibility of filing for comments. Any person, who wishes, may appear paperless drawback claims using the and be heard at this public hearing. Automated Broker Interface of CBP’s SUMMARY: The Coast Guard will hold a Individuals and representatives of Automated Commercial System, was public hearing to receive comments organizations that wish to present announced in a Federal Register concerning the alteration of the testimony at the hearing may submit a document published on September 27, Simmesport Railroad Bridge at request to this office at the address 2002. In that document, CBP announced Simmesport, Louisiana. The hearing listed under ADDRESSES clearly its intent to run the prototype for will allow interested persons to present indicating name and organization approximately one year and evaluate the comments and information about the represented. Requests to speak should test program at the end of that period. bridge being an unreasonable be received no later than July 12, 2004, Based on its evaluation, CBP has obstruction. in order to ensure proper scheduling for determined that processing of paperless the hearing. Depending on the number DATES: The hearing will be held on July drawback claims cannot be successfully of scheduled statements, it may be 20, 2004, commencing at 1 p.m. accomplished under current automated necessary to limit the amount of time Comments must be received by July 12, systems and the Paperless Drawback allocated to each person. Any limitation 2004. Requests to speak must be Prototype should not be continued for of time allocated will be announced at received in the Office of Bridge that reason. the beginning of the hearing. Written Administration at the address given DATES: The Paperless Drawback statements and other exhibits may be under ADDRESSES by July 12, 2004. Prototype will conclude on June 28, submitted in lieu of, or in addition to, 2004. ADDRESSES: The hearing will be held in oral statements made at the hearing, and the Council Chambers, Government may be submitted to this office at the FOR FURTHER INFORMATION CONTACT: Building, 222 St. Louis Street, Baton address listed under ADDRESSES unit Sherri Lee Hoffman, Entry and Rouge, Louisiana 70802. July 12, 2004, for inclusion in the public Drawback Management Branch, Written comments may be submitted hearing transcript. Transcripts of the Telephone: (202) 927–0300, E-mail: to, and will be available for examination hearing will be made available for [email protected]. between 8 a.m. and 4 p.m., Monday purchase upon request. SUPPLEMENTARY INFORMATION: through Friday, except Federal holidays at the office of the Commander Eighth Information on Services for Individuals Background With Disabilities Coast Guard District (obr), Bridge In a document published in the Administration Branch, 1222 Spruce For information about facilities or Federal Register (67 FR 61197) on Street, St. Louis, MO 63103–2832. services for individuals with disabilities September 27, 2002, CBP announced its FOR FURTHER INFORMATION CONTACT: Mr. or to request special assistance at the plan to conduct a prototype to test the Roger K. Wiebusch, Bridge meeting, contact Commander, Eighth feasibility of filing paperless drawback Administrator, telephone (314) 539– Coast Guard District (obr). Please claims using the Automated Broker 3900, extension 2378. request these services by contacting this Interface of CBP’s Automated SUPPLEMENTARY INFORMATION: office at the phone number under FOR Commercial System. The test program FURTHER INFORMATION CONTACT or in was scheduled to run for approximately Background writing at the address listed under one year, with a final evaluation to take Complaints have been received ADDRESSES. Any requests for an oral or place at the end of that period. alleging that the bridge is unreasonably sign language interpreter must be In a subsequent announcement in the obstructive to navigation. Information received by July 12, 2004. Federal Register (68 FR 18994), dated

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April 17, 2003, CBP reopened the DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: This prototype’s application period to URBAN DEVELOPMENT notice informs the public that the U.S. Department of Housing and Urban encourage greater participation in the [Docket No. FR–4903–N–42] test program. As a result, Development (HUD) has submitted to commencement of the prototype was Notice of Submission of Proposed OMB, for emergency processing, a delayed until June 18, 2003. Information Collection to OMB; Record survey instrument to obtain information from faith based and community Based on its evaluation of the of Employee Interview organizations on their likelihood and Paperless Drawback Prototype, CBP has AGENCY: Office of the Chief Information success at applying for various funding concluded that processing of paperless Officer. programs. This notice is soliciting drawback claims cannot be successfully ACTION: Notice. comments from members of the public accomplished under current automated and affecting agencies concerning the SUMMARY: systems. In this regard, it is noted that The proposed information proposed collection of information to: collection requirement described below certain types of drawback claims cannot (1) Evaluate whether the proposed has been submitted to the Office of be processed without the filing of paper collection of information is necessary Management and Budget (OMB) for documentation (i.e., drawback claims for the proper performance of the review, as required by the Paperwork involving NAFTA merchandise, functions of the agency, including Reduction Act. The Department is merchandise processing fees, harbor whether the information will have soliciting public comments on the maintenance fees, single entry bonds, practical utility; (2) evaluate the subject proposal. etc.). Although CBP notified approved HUD is requesting approval to modify accuracy of the agency’s estimate of the participants in writing that drawback the information collected to fulfill its burden of the proposed collection of claims requiring paper documentation obligation to administer and enforce information; (3) enhance the quality, would not be accepted for purposes of Federal labor standards provisions, utility, and clarity of the information to the Paperless Drawback Prototype, especially to monitor contractor be collected; and (4) minimize the many such claims were nonetheless compliance and to act upon allegations burden of the collection of information submitted to CBP under the auspices of of labor standards violations. on those who are to respond; including through the use of appropriate the test program. In these instances, CBP DATES: Comments Due Date: July 28, automated collection techniques or was able to redirect the submissions as 2004. paper drawback claims. It is anticipated, other forms of information technology, ADDRESSES: Interested persons are however, that an expansion of the e.g., permitting electronic submission of invited to submit comments regarding responses. Paperless Drawback Prototype would this proposal. Comments should refer to make this problem difficult to contain the proposal by name and/or OMB This notice also lists the following and would result in unnecessary delays approval Number (2501–0009) and information: in the processing of drawback claims. should be sent to: HUD Desk Officer, Title of Proposal: Record of Employee For this reason, CBP is of the view Office of Management and Budget, New Interview. that the Paperless Drawback Prototype Executive Office Building, Washington, OMB Approval Number: 2501–0009. DC 20503; fax: 202–395–6974. should be discontinued. CBP will Form Numbers: HUD–11. conclude the Paperless Drawback FOR FURTHER INFORMATION CONTACT: Description of the Need for the Prototype effective upon the date of Wayne Eddins, Reports Management Officer, AYO, Department of Housing Information and its Proposed Use: HUD publication of this document in the is requesting approval to modify the Federal Register. and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e- information collected to fulfill its Dated: June 22, 2004. mail [email protected]; obligation to administer and enforce William S. Heffelfinger III, telephone (202) 708–2374. This is not a Federal labor standards provisions, Acting Assistant Commissioner, Office of toll-free number. Copies of available especially to monitor contractor Field Operations. documents submitted to OMB may be compliance and to act upon allegations of labor standards violations. [FR Doc. 04–14560 Filed 6–25–04; 8:45 am] obtained from Mr. Eddins and at HUD’s BILLING CODE 4820–02–P Web site at http://www5.hud.gov:63001/ Frequency of Submission: On po/i/icbts/collectionsearch.cfm. occasion.

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

Reporting Burden ...... 20,000 1 0.5 10,000

Total Estimated Burden Hours: Dated: June 22, 2004. DEPARTMENT OF THE INTERIOR 10,000. Wayne Eddins, Status: Revision of a currently Departmental Reports Management Officer, Fish and Wildlife Service Office of the Chief Information Officer. approved collection. Receipt of Applications for Permit [FR Doc. 04–14641 Filed 6–25–04; 8:45 am] Authority: Section 3507 of the BILLING CODE 4210–72–P Paperwork Reduction Act of 1995, 44 AGENCY: Fish and Wildlife Service, U.S.C. 35, as amended. Interior. ACTION: Notice of receipt of applications for permit.

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SUMMARY: The public is invited to Applicant: Gerald H. Beier, Winona, Dated: June 18, 2004. comment on the following applications MN, PRT–089001. Michael S. Moore, to conduct certain activities with The applicant requests a permit to Senior Permit Biologist, Branch of Permits, endangered species and/or marine import the sport-hunted trophy of one Division of Management Authority. mammals. male bontebok (Damaliscus pygargus [FR Doc. 04–14595 Filed 6–25–04; 8:45 am] DATES: Written data, comments or pygargus) culled from a captive herd BILLING CODE 4310–55–P requests must be received by July 28, maintained under the management 2004. program of the Republic of South , for the purpose of enhancement of the DEPARTMENT OF THE INTERIOR ADDRESSES: Documents and other survival of the species. information submitted with these Fish and Wildlife Service applications are available for review, Marine Mammals subject to the requirements of the Receipt of Applications for Permit Privacy Act and Freedom of Information The public is invited to comment on the following applications for a permit AGENCY: Fish and Wildlife Service, Act, by any party who submits a written Interior. request for a copy of such documents to conduct certain activities with marine ACTION: Notice of receipt of applications within 30 days of the date of publication mammals. The applications were for permit. of this notice to: U.S. Fish and Wildlife submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, Service, Division of Management SUMMARY: The public is invited to as amended (16 U.S.C. 1361 et seq.), Authority, 4401 North Fairfax Drive, comment on the following applications and the regulations governing marine Room 700, Arlington, Virginia 22203; to conduct certain activities with mammals (50 CFR part 18). Written fax 703/358–2281. endangered species and/or marine data, comments, or requests for copies FOR FURTHER INFORMATION CONTACT: mammals. of the complete applications or requests Division of Management Authority, for a public hearing on these DATES: Written data, comments or telephone 703/358–2104. applications should be submitted to the requests must be received by July 28, SUPPLEMENTARY INFORMATION: Director (address above). Anyone 2004. Endangered Species requesting a hearing should give ADDRESSES: Documents and other The public is invited to comment on specific reasons why a hearing would be information submitted with these the following applications for a permit appropriate. The holding of such a applications are available for review, to conduct certain activities with hearing is at the discretion of the subject to the requirements of the endangered species. This notice is Director. Privacy Act and Freedom of Information provided pursuant to section 10(c) of Applicant: Patrick H. Aucoin, Spring, Act, by any party who submits a written the Endangered Species Act of 1973, as TX, PRT–088467. request for a copy of such documents amended (16 U.S.C. 1531 et seq.). The applicant requests a permit to within 30 days of the date of publication Written data, comments, or requests for import a polar bear (Ursus maritimus) of this notice to: U.S. Fish and Wildlife copies of these complete applications sport hunted from the Lancaster Sound Service, Division of Management should be submitted to the Director polar bear population in Canada for Authority, 4401 North Fairfax Drive, (address above). personal use. Room 700, Arlington, Virginia 22203; fax 703/358–2281. Applicant: David L. Coletti, Dix Hills, Applicant: Joel A. Johnson, NY, PRT–087994. Marquette, MI, PRT–088474. FOR FURTHER INFORMATION CONTACT: The applicant requests a permit to Division of Management Authority, The applicant requests a permit to import the sport-hunted trophy of one telephone 703/358–2104. import a polar bear (Ursus maritimus) male bontebok (Damaliscus pygargus SUPPLEMENTARY INFORMATION: sport hunted from the Northern Beaufort pygargus) culled from a captive herd Sea polar bear population in Canada for maintained under the management Endangered Species personal use. program of the Republic of , The public is invited to comment on for the purpose of enhancement of the Applicant: Berry L. Bridges, the following applications for a permit survival of the species. Pleasanton, TX, PRT–088778. to conduct certain activities with Applicant: Gerry A. Scheidhauer, Jr., The applicant requests a permit to endangered species. This notice is Bowie, MD, PRT–088297. import a polar bear (Ursus maritimus) provided pursuant to section 10(c) of The applicant requests a permit to sport hunted from the Northern Beaufort the Endangered Species Act of 1973, as import the sport-hunted trophy of one Sea polar bear population in Canada for amended (16 U.S.C. 1531 et seq.). male bontebok (Damaliscus pygargus personal use. Written data, comments, or requests for pygargus) culled from a captive herd Applicant: Bruce M. Golberg, White copies of these complete applications maintained under the management Sulphur Springs, MT, PRT–088995. should be submitted to the Director program of the Republic of South Africa, The applicant requests a permit to (address above). for the purpose of enhancement of the Applicant: Merle S. Barnaby, import a polar bear (Ursus maritimus) survival of the species. Caledonia, MI, PRT–086640. sport hunted from the Southern Applicant: Thomas J. Merkley, St. The applicant requests a permit to Beaufort Sea polar bear population in Peter, MN, PRT–088780. import the sport-hunted trophy of one Canada for personal use. The applicant requests a permit to male bontebok (Damaliscus pygargus import the sport-hunted trophy of one Applicant: Armen Avedissian, pygargus) culled from a captive herd male bontebok (Damaliscus pygargus Burbank, CA, PRT–088999. maintained under the management pygargus) culled from a captive herd The applicant requests a permit to program of the Republic of South Africa, maintained under the management import a polar bear (Ursus maritimus) for the purpose of enhancement of the program of the Republic of South Africa, sport hunted from the Lancaster Sound survival of the species. for the purpose of enhancement of the polar bear population in Canada for Applicant: Ray M. Hagio, Hilo, HI, survival of the species. personal use. PRT–088292.

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The applicant requests a permit to Marine Mammals DEPARTMENT OF THE INTERIOR import the sport-hunted trophy of one The public is invited to comment on male bontebok (Damaliscus pygargus the following applications for a permit Fish and Wildlife Service pygargus) culled from a captive herd to conduct certain activities with Issuance of Permits maintained under the management endangered marine mammals and/or program of the Republic of South Africa, marine mammals. The applications AGENCY: Fish and Wildlife Service, for the purpose of enhancement of the were submitted to satisfy requirements Interior. survival of the species. of the Endangered Species Act of 1973, Applicant: Bruce M. Shioji, Hilo, HI, as amended (16 U.S.C. 1531, et seq.) ACTION: Notice of issuance of permits for PRT–088291. and/or the Marine Mammal Protection marine mammals. The applicant requests a permit to Act of 1972, as amended (16 U.S.C. import the sport-hunted trophy of one 1361 et seq.), and the regulations SUMMARY: male bontebok (Damaliscus pygargus The following permits were governing endangered species (50 CFR issued. pygargus) culled from a captive herd part 17) and/or marine mammals (50 maintained under the management CFR part 18). Written data, comments, ADDRESSES: Documents and other program of the Republic of South Africa, or requests for copies of the complete information submitted with these for the purpose of enhancement of the applications or requests for a public applications are available for review, survival of the species. hearing on these applications should be subject to the requirements of the Applicant: Billy W. Moore, Fulton, submitted to the Director (address Privacy Act and Freedom of Information MO, PRT–088294. above). Anyone requesting a hearing Act, by any party who submits a written The applicant requests a permit to should give specific reasons why a import the sport-hunted trophy of one request for a copy of such documents to: hearing would be appropriate. The male bontebok (Damaliscus pygargus U.S. Fish and Wildlife Service, Division holding of such a hearing is at the pygargus) culled from a captive herd of Management Authority, 4401 North discretion of the Director. maintained under the management Fairfax Drive, Room 700, Arlington, Applicant: Steven S. Bruggeman, Virginia 22203; fax 703/358–2281. program of the Republic of South Africa, PRT–088309. for the purpose of enhancement of the The applicant requests a permit to FOR FURTHER INFORMATION CONTACT: survival of the species. import a polar bear (Ursus maritimus) Division of Management Authority, Applicant: Gregg K. Hobbs, sport hunted from the Norwegian Bay telephone 703/358–2104. Westminster, CO, PRT–088299. polar bear population in Canada for SUPPLEMENTARY INFORMATION: Notice is The applicant requests a permit to personal use. import the sport-hunted trophy of one hereby given that on the dates below, as male bontebok (Damaliscus pygargus Dated: June 11, 2004. authorized by the provisions of the pygargus) culled from a captive herd Monica Farris, Marine Mammal Protection Act of 1972, maintained under the management Senior Permit Biologist, Branch of Permits, as amended (16 U.S.C. 1361 et seq.), the program of the Republic of South Africa, Division of Management Authority. Fish and Wildlife Service issued the for the purpose of enhancement of the [FR Doc. 04–14597 Filed 6–25–04; 8:45 am] requested permits subject to certain survival of the species. BILLING CODE 4310–55–P conditions set forth therein.

MARINE MAMMALS

Permit issuance Permit No. Applicant Receipt of application Federal Register notice date

085071 ...... Robert J. Raniolo ...... 69 FR 21858; April 22, 2004 ...... June 7, 2004. 085099 ...... John J.J. Rybinski ...... 69 FR 21858; April 22, 2004 ...... June 14, 2004. 085280 ...... Dennis F. Gaines ...... 69 FR 21857; April 22, 2004 ...... June 14, 2004. 085484 ...... Keith A. Dewitt ...... 69 FR 21857; April 22, 2004 ...... June 7, 2004. 085491 ...... Jimmie L. Benton, Jr...... 69 FR 21857; April 22, 2004 ...... June 14, 2004. 085492 ...... Jimmie L. Benton, Jr...... 69 FR 21857; April 22, 2004 ...... June 14, 2004.

Dated: June 18, 2004. ACTION: Notice of issuance of permits for FOR FURTHER INFORMATION CONTACT: Michael S. Moore, marine mammals. Division of Management Authority, Senior Permit Biologist, Branch of Permits, telephone 703/358–2104. Division of Management Authority. SUMMARY: The following permits were SUPPLEMENTARY INFORMATION: Notice is [FR Doc. 04–14596 Filed 6–25–04; 8:45 am] issued. hereby given that on the dates below, as BILLING CODE 4310–55–P authorized by the provisions of the ADDRESSES: Documents and other Endangered Species Act of 1973, as information submitted with these amended (16 U.S.C. 1531 et seq.), and/ DEPARTMENT OF THE INTERIOR applications are available for review, or the Marine Mammal Protection Act of subject to the requirements of the 1972, as amended (16 U.S.C. 1361 et Fish and Wildlife Service Privacy Act and Freedom of Information seq.), the Fish and Wildlife Service Act, by any party who submits a written issued the requested permits subject to Issuance of Permits request for a copy of such documents to: certain conditions set forth therein. For U.S. Fish and Wildlife Service, Division each permit for an endangered species, AGENCY: Fish and Wildlife Service, of Management Authority, 4401 North the Service found that (1) the Interior. Fairfax Drive, Room 700, Arlington, application was filed in good faith, (2) Virginia 22203; fax 703/358–2281. the granted permit would not operate to

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the disadvantage of the endangered would be consistent with the purposes Endangered Species Act of 1973, as species, and (3) the granted permit and policy set forth in section 2 of the amended.

MARINE MAMMALS

Permit issuance Permit No. Applicant Receipt of application Federal Register notice date

084795 ...... John A. McNeill ...... 69 FR 17440; April 2, 2004 ...... June 4, 2004. 085296 ...... Dale S. Jacobs ...... 69 FR 21857; April 22, 2004 ...... June 4, 2004. 085545 ...... John L. Wathen ...... 69 FR 21857; April 22, 2004 ...... June 2, 2004.

Dated: June 11, 2004. adopted its Legislative Act 9–04 on sale of liquor by CNE as a licensee. This Monica Farris, March 15, 2004. The purpose of this Act enactment will increase the ability of Senior Permit Biologist, Branch of Permits, is to govern the sale, possession and the Cherokee Nation to control the sale, Division of Management Authority. distribution of alcohol on the Cherokee distribution and possession of liquor at [FR Doc. 04–14598 Filed 6–25–04; 8:45 am] Nation. limited and designated areas on tribal BILLING CODE 4310–55–P This notice is published in trust land occupied by CNE. accordance with the authority delegated by the Secretary of the Interior to the Section 4. Application of 18 U.S.C. 1161 DEPARTMENT OF THE INTERIOR Assistant Secretary—Indian Affairs. Federal law requires that any I certify that this Liquor Ordinance, a authorization for the sale of liquor or Bureau of Indian Affairs Legislative Act of the Cherokee Nation, other alcoholic beverages must be in was duly adopted by the Cherokee conformity with the laws of the State Cherokee Nation Sale and Nation Tribal Council on March 15, Consumption of Alcoholic Beverages and approved by an ordinance (law) 2004. duly adopted by the tribe having AGENCY: Bureau of Indian Affairs, David W. Anderson, jurisdiction over such area of Indian Interior. Assistant Secretary—Indian Affairs. country. All acts and transactions under ACTION: Notice. The Cherokee Nation Liquor Control this law of the Cherokee Nation shall be in conformity with federal law and with SUMMARY: This notice publishes the Legislative Act 9–04 reads as follows: the laws of the State of Oklahoma as Cherokee Nation Liquor Control An Act applicable. Legislative Act. The Act regulates and controls the possession, sale and Legislative Act 9–04 Section 5. Effective Date consumption of liquor on the Cherokee A Legislative Act Amending Legislative Nation. The land is located on trust land Act #41–03 ‘‘The Cherokee Nation Limited This Act shall be effective on and this Act allows for the possession Mixed Beverage Sales Act’’, Relating to certification by the Secretary of the and sale of alcoholic beverages on the Cherokee Nation Enterprises, Inc. and Interior and its publication in the Cherokee Nation and will increase the Adding New Language in Section 8: Sales of Federal Register. Liquor and Declaring an Emergency ability of the tribal government to Section 6. Definitions control the Nation’s liquor distribution Be It Enacted By the Cherokee Nation: and possession, and at the same time Section 1. Title and Codification As used in this Act, the following will provide an important source of words shall have the following revenue for the continued operation and This Act shall be known as ‘‘The meanings unless the context clearly strengthening of the tribal government Cherokee Nation Limited Mixed requires otherwise: and the delivery of tribal services. Beverage Sales Act’’ and codified as lllll (Title) lllll (Section) (a) ‘‘Alcohol’’ means the substance EFFECTIVE DATE: This Act is effective on lllll known as ethyl alcohol, hydrated oxide June 28, 2004. of the Cherokee Nation Code Annotated. of ethyl, ethanol, or spirits of wine, from FOR FURTHER INFORMATION CONTACT: whatever source or by whatever process Karen Ketcher, Eastern Oklahoma Section 2. Authority produced. Regional Office, Division of Tribal This legislation is enacted in (b) ‘‘Alcoholic Beverage’’ is Government, P.O. Box 8002, Muskogee, compliance with the Act of August 15, synonymous with the term ‘‘liquor’’ as Oklahoma 74402–8002; Telephone (918) 1953, 67 Stat. 586, codified at 18 U.S.C. defined in this Chapter. 781–4685; or Ralph Gonzales, Office of Section 1161, and by the authority of (c) ‘‘Board of Directors’’ means the Tribal Services, 1951 Constitution the Cherokee Nation Tribal Council Board of Directors of Cherokee Nation Avenue, NW., MS–320–SIB, under Article V, Section 7 of the Enterprises, Inc. Washington, DC 20240; Telephone (202) Constitution of the Cherokee Nation. 513–7629. (d) ‘‘Liquor’’ includes mixed SUPPLEMENTARY INFORMATION: Pursuant Section 3. Purpose beverages and all fermented, spirituous, to the Act of August 15, 1953, Pub. L. This Act authorizes the Board of vinous, or malt liquor or combinations 83–277, 67 Stat. 586, 18 U.S.C. 1161, as Directors of Cherokee Nation thereof, and mixed liquor, a part of interpreted by the Supreme Court in Enterprises, Inc. (CNE), a wholly owned which is fermented, and every liquid or Rice v. Rehner, 463 U.S. 713 (1983), the tribally chartered corporation, to solid or semisolid or other substance, Secretary of the Interior shall certify and establish retail liquor sales at designated patented or not, containing distilled or publish in the Federal Register notice of locations within its hotel, restaurant rectified spirits, potable alcohol, beer, adopted liquor ordinances for the and/or casino operations located on wine, brandy, whiskey, rum, gin, purpose of regulating liquor transactions trust land. The purpose of this Act is to aromatic bitters, and all drinks or in Indian country. The Cherokee Nation regulate and control the possession and drinkable liquids and all preparations or

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mixtures capable of human the retail sale of liquor for alcoholic of 21 years shall be guilty of violating consumption and any liquid, semisolid, beverages, there shall be an excise tax in this Act subjecting him or her to solid, or other substances, which the amount of two percent (2%) of the prosecution for a crime and up to one contains more than one half of one retail sales price. These revenues shall (1) year imprisonment and/or $500.00 percent of alcohol. be used to promote mental health and fine if convicted. (e) ‘‘Sale’’ or ‘‘Sell’’ includes related issues associated with substance Section 7. When requested by the exchange, barter and traffic; and also abuse and shall be reserved for provider of liquor, any person shall be includes the selling or supplying or expenditure as provided for in the required to present official distribution, by any means whatsoever, annual budget by the Cherokee Nation documentation of the bearer’s age, of liquor. Health Service. The Board of Directors signature and photograph. Official (f) ‘‘Tax Commission’’ this term refers shall be entitled to make documentation includes one of the to the Cherokee Nation Tax recommendation as to how these following: Commission. revenues are expended. (1) Driver’s license or identification (g) ‘‘Trust Land’’ means those lands card issued by any state department of Section 10. Rules, Regulations, and which are held in trust by the United motor vehicles; Enforcement States for the Cherokee Nation and not (2) United States Active Duty for any individual Indian. Section 1. Any person who shall sell Military; or offer for sale, distribution or (3) Passport. Section 7. Powers of Enforcement transportation in any manner, liquor in Section 8. Liquor which is possessed, Section 1. The Tax Commission. In violation of this Act, or who shall including for sale, contrary to the terms furtherance of this Act, the Tax operate or shall have liquor for sale in of this Act is declared to be contraband. Commission shall have the power: his possession without a license, shall Any tribal law enforcement officer who (a) To issue licenses and publish and be guilty of a violation of this Act is authorized to enforce this section enforce rules and regulations adopted subjecting him or her to prosecution for shall seize all contraband and preserve by the Tax Commission governing the a crime and up to one (1) year it in accordance with the provisions sale, consumption and possession of imprisonment and/or $500.00 fine if established for the preservation of alcoholic beverages and to establish convicted. impounded property. procedure for conducting hearings Section 2. Any person who buys Section 9. Upon being found in related to licensing. liquor from any person other than a violation of the Act, the party shall (b) To take all necessary steps to properly licensed facility shall be guilty forfeit all right, title and interest in the enforce this Act including the collection of a violation of this Act subjecting him items seized which shall become the of fees, taxes and damages related or her to prosecution for a crime and up property of the Cherokee Nation. thereto. to one (1) year imprisonment and/or $500.00 fine if convicted. Section 11. Severability and Effective Section 8. Sales of Liquor Section 3. No person under the age of Date Section 1. The Tax Commission is 21 years shall consume, acquire or have Section 1. If any provision or authorized to issue liquor licenses to in his possession any liquor or alcoholic application of this Act is determined by CNE. Sales of liquor and alcoholic beverage. No person shall permit any review to be invalid, such determination beverages shall only be made by CNE other person under the age of 21 to shall not be held to render ineffectual pursuant to a license issued by the Tax consume liquor on his premises or any the remaining portions of this Act or to Commission. CNE shall designate to the premises under his control except in render such provisions inapplicable to Tax Commission each location where those situations set out in this section. other persons or circumstances. alcoholic beverages are proposed to be Any person violating this section shall Enacted by the Council of the Cherokee sold and a separate license shall be be guilty of a violation of this Act Nation on the 15th day of March 2004. issued to CNE by the Tax Commission subjecting him or her to prosecution for Joe Grayson, Jr., for each such location; provided that a crime and up to one (1) year President, Council of the Cherokee Nation. licenses shall only be issued for imprisonment and/or $500.00 fine if locations within the Nation’s hotel, convicted. Attest: restaurant or casino operations on trust Section 4. Any person who shall sell Bill John Baker, land. The license issued by the Tax or provide any liquor to any person Secretary, Council of the Cherokee Nation. Commission shall be in addition to any under the age of 21 years shall be guilty Approved and signed by the Principal license required under applicable state of a violation of this Act subjecting him Chief this 22nd day of March 2004. law. or her to prosecution for a crime and up Chad Smith, Section 2. Sale for Personal to one (1) year imprisonment and/or Principal Chief, Cherokee Nation. Consumption. All sales shall be for the $500.00 fine if convicted. Attest: personal use and consumption of the Section 5. Any person who transfers Callie Catcher, in any manner an identification of age purchaser. Resale of any alcoholic Secretary/Treasurer, Cherokee Nation. beverage is prohibited. Any person who to a person under the age of 21 years for Yeas and Nays as Recorded: is not licensed pursuant to this Act who the purpose of permitting such person purchases an alcoholic beverage and to obtain liquor shall be in violation of Audra Smoke-Connor ...... YEA sells it, whether in the original this Act subjecting him or her to Bill John Baker ...... YEA container or not, shall be guilty of a prosecution for a crime and up to one Joe Crittenden ...... ABSENT crime and up to one (1) year (1) year imprisonment and/or $500.00 Jackie Bob Martin ...... YEA Phyllis Yargee ...... YEA imprisonment and/or $500.00 fine if fine if convicted. David W. Thornton, Sr...... YEA convicted. Section 6. Any person who attempts Don Garvin ...... YEA to purchase an alcoholic beverage Section 9. Taxes Linda Hughes-O’Leary ...... ABSENT through the use of false or altered Melvina Shotpouch ...... NAY Section 1. Excise Tax. In lieu of any identification which falsely purports to Meredith A. Frailey ...... YEA otherwise applicable tribal sales tax on show the individual to be over the age John F. Keener ...... NAY

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Cara Cowan ...... YEA recommend actions to correct numerous FOR FURTHER INFORMATION CONTACT: Buel Anglen ...... YEA safety hazards, provide continued safe Superintendent Chas Cartwright at 970– William G. Johnson ...... YEA access for employees and visitors, 374–3001 or e-mail: Charles ‘‘Chuck’’ Hoskin ...... YEA accommodate special needs for [email protected]. accessibility, and if feasible, maintain [FR Doc. 04–14558 Filed 6–25–04; 8:45 am] SUPPLEMENTARY INFORMATION: You may the integrity of the National Historic BILLING CODE 4310–4J–P mail comments to: Superintendent’s Landmark. Office, Dinosaur National Monument, This project poses the possibility of 4545 E. Highway 40, Dinosaur, CO DEPARTMENT OF THE INTERIOR significant adverse impacts on the 81610–9724. You may also hand-deliver Quarry Visitor Center. The probability National Park Service comments to the Superintendent’s of significant adverse impacts on a Office, Dinosaur National Monument, Quarry Visitor Center, Environmental national historic landmark and possible Dinosaur, CO. (Attn: Quarry Visitor Impact Statement, Dinosaur National significant adverse impact on currently Center Environmental Impact Monument, CO and UT undiscovered buried fossil resources Statement). Our practice is to make requires the preparation of an comments, including names and home AGENCY: National Park Service, environmental impact statement and an addresses of respondents, available for Department of the Interior extensive public involvement process public review during regular business ACTION: Notice of Intent to prepare an throughout the project. hours. Individual respondents may environmental impact statement for the The park superintendent will initiate request that we withhold their home Quarry Visitor Center, Dinosaur consultation with congressional address from the record, which we will National Monument. delegations and state and local agencies honor to the extent allowable by law. If on the environmental impact statement. SUMMARY: Pursuant to the National you wish us to withhold your address, Consultation with these agencies will Environmental Policy Act of 1969, 42 you must state this prominently at the continue throughout the planning and U.S.C. 4332, the National Park Service beginning of your comment. We will design process. (NPS) is preparing an environmental make all submissions from impact statement (EIS) for the Quarry Public involvement in the planning organizations or businesses, and from Visitor Center for Dinosaur National process will include newsletters that individuals identifying themselves as Monument. This effort will analyze the inform the public of the project and representatives or officials of impacts of a broad range of design provide opportunities for input; press organizations or businesses, available alternatives to stabilize, rehabilitate, or releases in the local media; open houses for public inspection in their entirety. replace the historic Quarry Visitor to present and solicit input on the Dated: April 29, 2004. design alternatives; a public review Center at Dinosaur National Monument. Michael D. Snyder, Constructed in 1956–57, the Quarry draft of the design document and environmental impact statement and Deputy Director, Intermountain Region, Visitor Center protects and provides National Park Service. public meetings to provide additional visitor access and interpretation of ‘‘the [FR Doc. 04–14546 Filed 6–25–04; 8:45 am] greatest quarry of Jurassic dinosaurs in opportunities to comment on the design BILLING CODE 4312–CR–P the world.’’ The building has been alternatives and the analysis of their designated a National Historic environmental impacts. A public forum Landmark for its relationship to the for comment on the full range of design DEPARTMENT OF THE INTERIOR National Park Service ‘‘Mission 66’’ alternatives will be provided throughout program and as an outstanding example the course of the EIS process. Public National Park Service of Mission 66 ‘‘Park Service Modern’’ involvement is essential for the architectural design. development of creative and sustainable National Capital Memorial Advisory The building has experienced design alternatives for the Quarry Commission; Notice of Public Meeting problems with foundation movements Visitor Center. The director, since its construction. The building Intermountain Region, National Park AGENCY: Department of the Interior, suffers extensive structural distress due Service will approve the environmental National Park Service, National Capital to differential movements between impact statement. Memorial Advisory Commission. foundations elements that bear on A briefing statement has been ACTION: Notice of meeting. moisture sensitive expansive clay strata. prepared that summarizes the specific Attempts to stabilize the building have elements of the design project and the SUMMARY: Notice is hereby given that a been ongoing for 40 years with major EIS. Copies of that information may be meeting of the National Capital projects undertaken in 1967 and during obtained from: Superintendent, Chas Memorial Advisory Commission (the the 1980s. Despite these efforts, the Cartwright, Dinosaur National Commission) will be held on Thursday, building continues to deteriorate and Monument, 4545 E. Highway 40, July 29, 2004, at 1:30 p.m., at the present safety concerns and costly Dinosaur, CO 81610–9724. National Building Museum, Room 312, ongoing maintenance issues. A historic 5th and F Streets, NW., Washington, DC. DATES: The Park Service will accept structures report (HSR) was prepared in The purpose of the meeting will be to comments from the public through July 2003 to evaluate the visitor center’s discuss currently authorized and 28, 2004. existing condition and assess potential proposed memorials in the District of treatments to stabilize the building. ADDRESSES: Information will be Columbia and its environs. In addition This proposed project will analyze a available for public review and to discussing general matters and broad range of design alternatives, comment in the office of the conducting routine business, the including the treatments proposed in Superintendent, Chas Cartwright, Commission will review the status of the HSR, for the stabilization, Dinosaur National Monument, 4545 E. legislative proposals introduced in the rehabilitation, reconstruction, or Highway 40, Dinosaur, CO 81610–9724, 108th Congress to establish memorials replacement of the Quarry Visitor (970) 374–3001 or e-mail: in the District of Columbia and its Center. This project will also [email protected]. environs, as follows:

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Action Items Secretary of Defense was formed. The ICP was comprised of (1) Site Selection Study, Victims of Dated: May 14, 2004. representatives from the Bureau of communism Memorial. Terry R. Carlstrom, Reclamation, the U.S. Fish and Wildlife (2) Legislation currently under Regional Director, National Capital Region. Service, the California Department of consideration by the 108th Congress. [FR Doc. 04–14547 Filed 6–25–04; 8:45 am] Fish and Game, and the Grassland Water District/Grassland Resource BILLING CODE 4310–70–M Informational Items Conservation District. The ICP (1) Status reports on Congressional developed the 1998 Task Force Report, actions taken on bills previously DEPARTMENT OF THE INTERIOR which outlines past, present, and future reviewed by the Commission. wetland planning and management Bureau of Reclamation Other Business issues and a methodology for Refuge Criteria. To continue the work of the Central Valley Project Improvement (1) General matters and routine now disbanded ICP, an Interagency Act, Criteria for Developing Refuge business. Refuge Water Management Team Water Management Plans The meeting will be open to the (IRWMT) was formed to continue public. Any person may file with the AGENCY: Bureau of Reclamation, working on wetland issues such as Commission a written statement Interior. water delivery, including additional concerning the matters to be discussed. ACTION: Notice. work on wetland Refuge Criteria. The Persons who wish to file a written IRWMT is comprised of representatives statement or testify at the meeting or SUMMARY: The ‘‘Criteria for Developing from the Bureau of Reclamation, the who want further information Refuge Water Management Plans’’ U.S. Fish and Wildlife Service, the concerning the meeting may contact Ms. (Refuge Criteria) are now available for California Department of Fish and Nancy Young, Secretary to the public comment. The Refuge Criteria Commission, at (202) 619–7097. provides a common methodology, or Game, and the Grassland Water District/ Grassland Resource Conservation DATES: July 29, 2004, at 1:30 p.m. standard, for efficient use of water by District. The IRWMT used the 1998 ADDRESSES: Room 312, National Federal Wildlife Refuges, State wildlife management areas and resource Task Force Report and Reclamation’s Building Museum, 5th and F Streets, 1999 Conservation and Efficiency NW., Washington, DC 20001. conservation Districts that receive water under provisions of the Central Valley Criteria as the foundation for developing FOR FURTHER INFORMATION CONTACT: Ms. Project Improvement Act (CVPIA). They the water management planning Nancy Young, Secretary to the document the process and format by requirements or criteria included in Commission, 202–619–7097. which Refuge Water Management Plans these Refuge Criteria. The Refuge SUPPLEMENTARY INFORMATION: The should be prepared and submitted to Criteria will also incorporate comments, Commission was established by Pub. L. Reclamation as part of the Refuge/ ideas, and suggestions from Refuge/ 99–652, the Commemorative Works Act District Water Supply Contracts and District managers, biologists, water (40 U.S.C. Chapter 89 et seq.), to advise Memorandum of Agreements. The conservation specialists, engineers, the the Secretary of the Interior (the Refuge Criteria refers to Refuges, CALFED Bay-Delta Program, and other Secretary) and the Administrator, Wildlife Areas and Resource Central Valley stakeholders. General Services Administration, (the Conservation Districts as Refuges. Those Our practice is to make comments, Administrator) on policy and Refuges that entered into water supply procedures for establishment of (and including names and home addresses of contracts with Reclamation, as a result respondents, available for public proposals to establish) commemorative of the CVPIA and subsequent works in the District of Columbia and its review. Individual respondents may Department of the Interior request that we withhold their home environs, as well as such other matters administrative review processes, are address from public disclosure, which as it may deem appropriate concerning required to prepare Refuge Water we will honor to the extent allowable by commemorative works. Management Plans using the Refuge law. There also may be circumstances in The Commission examines each Criteria. memorial proposal for conformance to which we would withhold a the Commemorative Works Act, and DATES: All public comments must be respondent’s identity from public makes recommendations to the received by July 28, 2004. disclosure, as allowable by law. If you Secretary and the Administrator and to ADDRESSES: Please mail comments to wish us to withhold your name and/or Members and Committees of Congress. Leslie Barbre, Bureau of Reclamation, address, you must state this The Commission also serves as a source 2800 Cottage Way, Sacramento, prominently at the beginning of your of information for persons seeking to California 95825, 916–978–5232 (TDD comment. We will make all submissions establish memorials in Washington, DC, 978–5608), or e-mail at from organizations or businesses, and and its environs. [email protected]. from individuals identifying themselves The members of the Commission are FOR FURTHER INFORMATION CONTACT: To as representatives or officials of a follows: be placed on a mailing list for any organizations or businesses, available Director, National Park Service subsequent information, please contact for public disclosure in their entirety. Chairman, National Capital Planning Ms. Barbre at the e-mail address or Public comments for the Refuge Criteria Commission telephone number above. are now being accepted. Architect of the Capitol SUPPLEMENTARY INFORMATION: In Dated: June 21, 2004. Chairman, American Battle Monuments response to the Central Valley Project Commission Improvement Act of 1992 and a 1995 Donna E. Tegelman, Chairman, Commission of Fine Arts Department of the Interior Regional Resources Manager, Mid-Pacific Mayor of the District of Columbia administrative review process, the Region. Administrator, General Services Interagency Coordinated Program for [FR Doc. 04–14529 Filed 6–25–04; 8:45 am] Administration Wetland and Water Use Planning (ICP) BILLING CODE 4310–MN–P

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INTERNATIONAL TRADE reached negative determinations on (5) An identification and discussion of any COMMISSION remand. Ferrosilicon from Brazil, China, probative information in the record Kazakhstan, Russia, Ukraine, and concerning the inquiry concerning [Investigation Nos. 303–TA–23, 731–TA– Venezuela, Inv. Nos. 303–TA–23, 731– ‘‘baseline’’ prices that the CIT contemplates 566–570, and 731–TA–641 (Final) the Commission will conduct. See 2004 (Reconsideration) (Third Remand)] TA–566–570, and 731–TA–631 (Final) Elkem Slip Op. at 32. (Reconsideration) (Remand), USITC Ferrosilicon From Brazil, China, Pub. 3531 (Sept. 2002). On June 18, This submission must be filed with Kazakhstan, Russia, Ukraine, and 2003, the CIT issued an opinion the Commission no later than 14 days Venezuela concerning the Commission’s after publication of this notice in the determinations on remand which Federal Register, shall not contain any AGENCY: International Trade affirmed the Commission in part and new factual information, and shall not Commission. remanded in part for further exceed 25 pages of textual material, ACTION: Notice of remand proceedings. proceedings. Elkem Metals Co. v. United double-spaced and single-sided, on States, 276 F. Supp. 2d 1296 (Ct. Int’l stationery measuring 81⁄2 x 11 inches. SUMMARY: The United States Trade 2003). In September 2003 the The Commission has filed with the International Trade Commission Commission reached negative CIT a motion for reconsideration of (Commission) hereby gives notice of the determinations in the second remand portions of its May 12, 2004 slip court-ordered remand of its proceeding. Ferrosilicon from Brazil, opinion. It has also filed a motion to reconsideration proceedings pertaining China, Kazakhstan, Russia, Ukraine, and stay the CIT’s order requiring a report of to countervailing duty Investigation No. Venezuela, Inv. Nos. 303-TA–23, 731– remand results pending disposition of 303–TA–23 (Final) concerning TA–566–570, and 731–TA–631 (Final) the reconsideration motion. Should the ferrosilicon from Venezuela, and (Reconsideration) (Second Remand), CIT grant either of these motions before antidumping Investigations Nos. 731– USITC Pub. 3627 (Sept. 2003). On May the due date for the submissions TA–566–570 and 731–TA–641 (Final) 12, 2004, the CIT issued an opinion described above, the Commission will concerning ferrosilicon from Brazil, concerning the Commission’s extend the deadline for filing of these China, Kazakhstan, Russia, Ukraine, and determinations on second remand submissions. Should the Venezuela. which remanded the matter for further reconsideration motion be granted, the DATES: Effective Date: June 22, 2004. proceedings. Elkem Metals Co. v. United Commission may, if appropriate, modify FOR FURTHER INFORMATION CONTACT: States, slip op. 04–49 (Ct. Int’l Trade the issues that may be discussed in Christopher J. Cassise, Office of May 12, 2004) (‘‘2004 Elkem Slip Op.’’). these submissions. Investigations, telephone 202–708– Written Submissions All written submissions must conform 5408, or Marc A. Bernstein, Office of with the provisions of section 201.8 of General Counsel, telephone 202–205– The Commission is not reopening the the Commission’s rules; any 3087, U.S. International Trade record in the third remand proceeding submissions that contain business Commission, 500 E Street, SW., for submission of new factual proprietary information (BPI) must also Washington, DC 20436. Hearing- information. Pursuant to the prior conform with the requirements of impaired individuals are advised that decisions of the CIT, its determination sections 201.6, 207.3, and 207.7 of the information on this matter can be will be based on best information Commission’s rules. The Commission’s obtained by contacting the available. See 2004 Elkem Slip Op. at rules do not authorize filing of Commission’s TDD terminal on 202– 12–15. submissions with the Secretary by 205–1810. General information The Commission will, however, facsimile or electronic means, except to concerning the Commission may also be permit the parties to file written the extent permitted by section 201.8 of obtained by accessing its Internet server submissions limited to the following the Commission’s rules, as amended, 67 (http://www.usitc.gov). issues: FR 68036 (Nov. 8, 2002). SUPPLEMENTARY INFORMATION: In accordance with sections 201.16(c) (1) An identification and discussion of any and 207.3 of the Commission’s rules, Background information in the record pertinent to the inquiry concerning the ‘‘ ‘true’ market price’’ each document filed by a party to the In August 1999 the Commission made of ferrosilicon that the CIT directs the investigations must be served on all negative determinations upon Commission to conduct. See Elkem 2004 Slip other parties to the investigations (as reconsideration in its antidumping and Op. at 18. identified by either the public or BPI countervailing duty investigations (2) An identification and discussion of any service list), and a certificate of service concerning ferrosilicon from Brazil, probative information in the record must be timely filed. The Secretary will China, Kazakhstan, Russia, Ukraine, and concerning quarterly fluctuations during the not accept a document for filing without Venezuela. Ferrosilicon from Brazil, original period of investigation in U.S. a certificate of service. demand and apparent consumption. China, Kazakhstan, Russia, Ukraine, and (3) An identification and discussion of any Parties are also advised to consult the Venezuela, Inv. Nos. 303–TA–23, 731– information in the record pertinent to the Commission’s Rules of Practice and TA–566–570, 731–TA–641 (Final) inquiry concerning specific contract Procedure, part 201, subparts A through (Reconsideration), USITC Pub. 3218 language, dates, and provisions that the CIT E (19 CFR part 201), and part 207, (Aug. 1999). The Commission’s directs the Commission to conduct. See 2004 subpart A (19 CFR part 207) for determinations were appealed to the Elkem Slip Op. at 21. provisions of general applicability U.S. Court of International Trade (CIT). (4) A discussion of the information in the concerning written submissions to the On February 21, 2002, the CIT record concerning similarities and Commission. remanded the matter to the Commission differences between prices charged by domestic ferrosilicon producers American Participation in the Proceedings for further proceedings. Elkem Metals Alloys, Elkem, and SKW, on the one hand, Co. v. United States, 193 F. Supp. 2d and other domestic ferrosilicon producers, on Only those persons who were parties 1314 (Ct. Int’l Trade 2002). On remand, the other hand, during the portion of the to the previous reconsideration the Commission conducted further original period of investigation subsequent to proceedings (i.e., persons listed on the proceedings. In September 2002 it July 1, 1991. Commission Secretary’s service list)

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may participate as parties in the third SUPPLEMENTARY INFORMATION: The paperwork and respondent burden, remand proceedings. Commission instituted this investigation conducts a preclearance consultation Authority: This action is taken under the on June 2, 2003, based on a complaint program to provide the general public authority of title VII of the Tariff Act of 1930 filed by Energizer Holdings, Inc. and and Federal agencies with an as amended. Eveready Battery Company, Inc., both of opportunity to comment on proposed St. Louis, Missouri. 68 FR. 32771 (June and/or continuing collections of Issued: June 22, 2004. 2, 2003). The complaint, as information in accordance with the By order of the Commission. supplemented, alleged violations of Paperwork Reduction Act of 1995 [44 Marilyn R. Abbott, section 337 of the Tariff Act of 1930 in U.S.C. 3506(c)(2)(A)]. This program Secretary to the Commission. the importation into the United States, helps to ensure that requested data can [FR Doc. 04–14556 Filed 6–25–04; 8:45 am] the sale for importation, and the sale be provided in the desired format, BILLING CODE 7020–02–P within the United States after reporting burden (time and financial importation of certain zero-mercury- resources) is minimized, collection added alkaline batteries, parts thereof, instruments are clearly understood, and INTERNATIONAL TRADE and products containing same by reason the impact of collection requirements on COMMISSION of infringement of claims 1–12 of U.S. respondents can be properly assessed. Patent No. 5,464,709 (‘‘the ’709 patent’’). DATES: Submit comments on or before [Inv. No. 337–TA–493] The complaint and notice of August 27, 2004. investigation named 26 respondents, ADDRESSES: Send comments to Jack Certain Zero-Mercury-Added Alkaline including respondent Dorcy, and were Batteries, Parts Thereof, and Products Bright, Office of Workforce Security, later amended to include an additional Employment and Training Containing Same; Notice of firm as a respondent. The investigation Commission Decision Not To Review Administration, U.S. Department of was terminated as to claims 8–12 of the Labor, Room S–4516, 200 Constitution an Initial Determination Terminating ’709 patent. Prior to the issuance of the the Investigation as to One Avenue, NW., Washington, DC 20210, subject ID, several other respondents telephone number (202) 693–3214 (this Respondent on the Basis of a had been terminated from the Settlement Agreement and Consent is not a toll-free number) or by e-mail: investigation for various reasons. [email protected]. Order; Issuance of Consent Order On May 20, 2004, complainants and FOR FURTHER INFORMATION CONTACT: respondent Dorcy filed a joint motion Jack AGENCY: International Trade Bright, Office of Workforce Security, Commission. pursuant to Commission rules 210.21(b) and (c) to terminate the investigation as Employment and Training ACTION: Notice. to Dorcy on the basis of a settlement Administration, U.S. Department of agreement and a consent order. The Labor, Room S–4516, 200 Constitution SUMMARY: Notice is hereby given that Avenue, NW., Washington, DC 20210, the U.S. International Trade Commission investigative attorney supported the motion. On June 2, 2004, telephone number (202) 693–3214 (this Commission has determined not to is not a toll-free number) or by e-mail: review the presiding administrative law the ALJ issued the subject ID terminating the investigation as to Dorcy [email protected]. judge’s (‘‘ALJ’s’’) initial determination SUPPLEMENTARY INFORMATION: I. (‘‘ID’’) (Order No. 134) terminating the on the basis of settlement agreement and a consent order. No petitions for review Background: The ETA–5130, Benefit above-captioned investigation as to Appeals Report, contains information respondent Dorcy International, Inc. of the ID were filed. The authority for the Commission’s on the number of unemployment (‘‘Dorcy’’) on the basis of settlement determination is contained in section insurance appeals and the resultant agreement and a consent order. 337 of the Tariff Act of 1930, as decisions classified by program, appeals FOR FURTHER INFORMATION CONTACT: amended (19 U.S.C. 1337), and in level, cases filed and disposed of Wayne Herrington, Esq., Office of the section 210.42 of the Commission’s (workflow), and decisions by level, General Counsel, U.S. International Rules of Practice and Procedure (19 CFR appellant, and issue. The data on this Trade Commission, 500 E Street, SW., 210.42). report are used by the Department of Washington, DC 20436, telephone (202) Labor to monitor the benefit appeals Issued: June 22, 2004. 205–3090. Copies of the ALJ’s ID and all process in the State Workforce Agencies By order of the Commission. other nonconfidential documents filed (SWAs) and to develop any needed in connection with this investigation are Marilyn R. Abbott, plans for remedial action. The data are or will be available for inspection Secretary to the Commission. also needed for workload forecasts and during official business hours (8:45 a.m. [FR Doc. 04–14557 Filed 6–25–04; 8:45 am] to determine administrative funding. If to 5:15 p.m.) in the Office of the BILLING CODE 7020–02–P this information were not available, Secretary, U.S. International Trade developing problems might not be Commission, 500 E Street, SW., discovered early enough to allow for Washington, DC 20436, telephone 202– DEPARTMENT OF LABOR timely solutions and avoidance of time 205–2000. General information consuming and costly corrective action. concerning the Commission may also be Employment and Training II. Desired Focus of Comments: obtained by accessing its Internet server Administration Currently, the Employment and (http://www.usitc.gov). The public Training Administration is soliciting Proposed Information Collection record for this investigation may be comments concerning the proposed Request Submitted for Public viewed on the Commission’s electronic extension collection of the ETA–5130 Comment and Recommendations; docket (EDIS) at http://edis.usitc.gov. Benefit Appeals Report. Comments are ETA–5130 Benefit Appeals Report Hearing-impaired persons are advised requested to: • that information on this matter can be ACTION: Notice. Evaluate whether the proposed obtained by contacting the collection of information is necessary Commission’s TDD terminal on 202– SUMMARY: The Department of Labor, as for the proper performance of the 205–1810. part of its continuing effort to reduce functions of the agency, including

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whether the information will have ACTION: Notice of meeting. should be limited to the subject of safety practical utility; in NASA. • Evaluate the accuracy of the SUMMARY: In accordance with the R. Andrew Falcon, estimate of the burden of the proposed Federal Advisory Committee Act, Public collection of information, including the Law 92–463, as amended, the National Advisory Committee Management Officer. validity of the methodology and Aeronautics and Space Administration [FR Doc. 04–14523 Filed 6–25–04; 8:45 am] assumptions used; announces a forthcoming meeting of the BILLING CODE 7510–01–P • Enhance the quality, utility, and Aerospace Safety Advisory Panel. clarity of the information to be DATES: Thursday, July 29, 2004, 1 p.m. collected; and NATIONAL FOUNDATION ON THE to 3 p.m. eastern time. • Minimize the burden of the ARTS AND THE HUMANITIES collection of information on those who ADDRESSES: National Aeronautics and are to respond, including through the Space Administration Headquarters, 300 Meetings of Humanities Panel use of appropriate automated, E Street, SW., Room 9H40, Washington, AGENCY: The National Endowment for electronic, mechanical, or other DC 20546. the Humanities. technological collection techniques or FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice of meetings. other forms of information technology, Mark D. Erminger, Aerospace Safety e.g., permitting electronic submissions Advisory Panel Executive Director, SUMMARY: Pursuant to the provisions of of responses. Code Q–1, National Aeronautics and the Federal Advisory Committee Act A copy of the proposed information Space Administration, Washington, DC (Pub. L. 92–463, as amended), notice is collection request (ICR) can be obtained 20546, (202) 358–0914. hereby given that the following by contacting the office listed above in meetings of the Humanities Panel will the addressee section of this notice. SUPPLEMENTARY INFORMATION: The be held at the Old Post Office, 1100 Aerospace Safety Advisory Panel will III. Current Actions Pennsylvania Avenue, NW., hold its Quarterly Meeting. This Washington, DC 20506. Type of Review: Extension. discussion is pursuant to carrying out FOR FURTHER INFORMATION CONTACT: its statutory duties for which the Panel Agency: Employment and Training Daniel Schneider, Advisory Committee reviews, identifies, evaluates, and Administration. Management Officer, National Title: Benefit Appeals Report. advises on those program activities, Endowment for the Humanities, OMB Number: 1205–0172. systems, procedures, and management Washington, DC 20506; telephone (202) Agency Number: ETA–5130. activities that can contribute to program 606–8322. Hearing-impaired individuals Recordkeeping: 3-year record risk. Priority is given to those programs are advised that information on this retention. that involve the safety of human flight. matter may be obtained by contacting Affected Public: State governments. The major subjects covered will be: the Endowment’s TDD terminal on (202) Cite/Reference/Form/etc: Social Space Shuttle Program, International 606–8282. Security Act, Section 303(a)(6). Space Station Program, and Cross- Total Respondents: 53. Program Areas. The Aerospace Safety SUPPLEMENTARY INFORMATION: The Frequency: Monthly. Advisory Panel is composed of nine proposed meetings are for the purpose Total Responses: 636. members and one ex-officio member. of panel review, discussion, evaluation and recommendation on applications Average Time per Response: 1 hour. The meeting will be open to the Estimated Total Burden Hours: 636 for financial assistance under the public up to the seating capacity of the National Foundation on the Arts and the hours. room (40). Total Burden Cost (capital/startup): Humanities Act of 1965, as amended, $0. Seating will be on a first-come basis. including discussion of information Total Burden Cost (operating/ Please contact Ms. Susan Burch on (202) given in confidence to the agency by the maintaining): $0. 358–0914 or via e-mail at grant applicants. Because the proposed Comments submitted in response to [email protected] at least 24 hours meetings will consider information that this notice will be summarized and/or in advance to reserve a seat. Visitors is likely to disclose trade secrets and included in the request for Office of will be requested to sign a visitor’s commercial or financial information Management and Budget approval of the register and asked to comply with obtained from a person and privileged information collection request; they will NASA security requirements, including or confidential and/or information of a also become a matter of public record. the presentation of a valid picture ID personal nature the disclosure of which before receiving an access badge. would constitute a clearly unwarranted Dated: June 17, 2004. Foreign Nationals attending this invasion of personal privacy, pursuant Cheryl Atkinson, meeting will also be required to provide to authority granted me by the Administrator, Office of Workforce Security. advance copies of their passports, green Chairman’s Delegation of Authority to [FR Doc. 04–14587 Filed 6–25–04; 8:45 am] cards, or visas. Photographs will only be Close Advisory Committee meetings, BILLING CODE 4510–30–M permitted during the first 10 minutes of dated July 19, 1993, I have determined the meeting. During the first 30 minutes that these meetings will be closed to the of the meeting, members of the public public pursuant to subsections (c) (4), NATIONAL AERONAUTICS AND may make a 5-minute verbal and (6) of section 552b of title 5, United SPACE ADMINISTRATION presentation to the Panel on the subject States Code. of safety in NASA. To do so, please 1. Date: July 7, 2004. [Notice 04–077] contact Ms. Susan Burch on (202) 358– Time: 9 a.m. to 5 p.m. Aerospace Safety Advisory Panel 0914 at least 24 hours in advance. Any Room: 426. Meeting member of the public is permitted to file Program: This meeting will review a written statement with the Panel at the applications for The Teaching of U.S. AGENCY: National Aeronautics and time of the meeting. Verbal History through EDSITEment in Space Administration. presentations and written comments EDSITEMENT, submitted to the

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Division of Education Programs at the Program: This meeting will review 19. Date: July 22, 2004. June 21, 2004, deadline. applications for Asian Studies in Time: 8:30 a.m. to 5 p.m. Fellowships, submitted to the Division 2. Date: July 12, 2004. Room: 315. Time: 8:30 a.m. to 5 p.m. of Research Programs at the May 1, Program: This meeting will review Room: 315. 2004, deadline. applications for American History I in Program: This meeting will review 11. Date: July 19, 2004. Fellowships, submitted to the Division applications for Studies of Science and Time: 8:30 a.m. to 5 p.m. of Research Programs at the May 1, Medicine in Fellowships, submitted to Room: 315. the Division of Research Programs at the Program: This meeting will review 2004, deadline. May 1, 2004, deadline. applications for Anthropology and 20. Date: July 22, 2004. 3. Date: July 13, 2004. Archaeology in Fellowships, submitted Time: 8:30 a.m. to 5 p.m. to the Division of Research Programs at Time: 8:30 a.m. to 5:30 p.m. Room: M–07. Room: 420. the May 1, 2004, deadline. Program: This meeting will review Program: This meeting will review 12. Date: July 19, 2004. applications for American History II in applications for History, submitted to Time: 8:30 a.m. to 5 p.m. Fellowships, submitted to the Division the Office of Challenge Grants at the Room: M–07. May 1, 2004, deadline. Program: This meeting will review of Research Programs at the May 1, 2004, deadline. 4. Date: July 13, 2004. applications for Literary Studies in Time: 8:30 a.m. to 5 p.m. Faculty Research Awards, submitted to 21. Date: July 23, 2004. Room: 315. the Division of Research Programs at the Time: 8:30 a.m. to 5 p.m. Program: This meeting will review May 1, 2004, deadline. Room: 315. applications for Art History and 13. Date: July 20, 2004. Program: This meeting will review Archaeology in Fellowships, submitted Time: 9 a.m. to 5:30 p.m. applications for American Studies II in to the Division of Research Programs at Room: 415. Fellowships, submitted to the Division the May 1, 2004, deadline. Program: This meeting will review of Research Programs at the May 1, applications for Art & Anthropology, 5. Date: July 13, 2004. 2004, deadline. Time: 8:30 a.m. to 5 p.m. submitted to the Office of Challenge Room: 527. Grants at the May 1, 2004, deadline. 22. Date: July 26, 2004. Program: This meeting will review 14. Date: July 20, 2004. Time: 8:30 a.m. to 5 p.m. applications for Art History and Time: 8:30 a.m. to 5 p.m. Room: M–07. Architecture in Fellowships, submitted Room: 315. Program: This meeting will review to the Division of Research Programs at Program: This meeting will review applications for Anthropology in the May 1, 2004, deadline. applications for British Literature I in Fellowships, submitted to the Division 6. Date: July 14, 2004. Fellowships, submitted to the Division of Research Programs at the May 1, Time: 8:30 a.m. to 5 p.m. of Research Programs at the May 1, 2004, deadline. Room: 315. 2004, deadline. Program: This meeting will review 15. Date: July 20, 2004. 23. Date: July 26, 2004. applications for Historical Studies in Time: 8:30 a.m. to 5 p.m. Time: 8:30 a.m. to 5 p.m. Faculty Research Awards, submitted to Room: M–07. Room: 315. the Division of Research Programs at the Program: This meeting will review Program: This meeting will review May 1, 2004, deadline. applications for British Literature II in applications for Germanic and Slavic 7. Date: July 15, 2004. Fellowships, submitted to the Division Studies in Fellowships, submitted to the Time: 8:30 a.m. to 5:30 p.m. of Research Programs at the May 1, Division of Research Programs at the Room: 415. 2004, deadline. May 1, 2004 deadline. Program: This meeting will review 16. Date: July 21, 2004. applications for Research Initiatives, Time: 8:30 a.m. to 5 p.m. 24. Date: July 27, 2004. submitted to the Office of Challenge Room: 315. Time: 8:30 a.m. to 5 p.m. Grants at the May 1, 2004, deadline. Program: This meeting will review Room: 315. 8. Date: July 15, 2004. applications for Latin American Studies Program: This meeting will review Time: 8:30 a.m. to 5 p.m. I in Fellowships, submitted to the applications for American Literature I in Room: 315. Division of Research Programs at the Fellowships, submitted to the Division Program: This meeting will review May 1, 2004, deadline. of Research Programs at the May 1, applications for European History I in 17. Date: July 21, 2004. 2004, deadline. Fellowships, submitted to the Division Time: 8:30 a.m. to 5 p.m. 25. Date: July 27, 2004. of Research Programs at the May 1, Room: M–07. 2004, deadline. Program: This meeting will review Time: 8:30 a.m. to 5 p.m. 9. Date: July 15, 2004. applications for Religious Studies II in Room: M–07. Time: 8:30 a.m. to 5 p.m. Fellowships, submitted to the Division Program: This meeting will review Room: 527. of Research Programs at the May 1, applications for American Literature II Program: This meeting will review 2004, deadline. in Fellowships, submitted to the applications for European History II in 18. Date: July 22, 2004. Division of Research Programs at the Fellowships, submitted to the Division Time: 8:30 a.m. to 5:30 p.m. May 1, 2004, deadline. of Research Programs at the May 1, Room: 415. 2004, deadline. Program: This meeting will review Daniel Schneider, 10. Date: July 16, 2004. applications for Colleges & Universities, Advisory Committee Management Officer. Time: 8:30 a.m. to 5 p.m. submitted to the Office of Challenge [FR Doc. 04–14517 Filed 6–25–04; 8:45 am] Room: 315. Grants at the May 1, 2004, deadline. BILLING CODE 7536–01–P

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NUCLEAR REGULATORY White Flint North, 11555 Rockville sbpr2004.pdf, and on the Small COMMISSION Pike, Room O–1 F21, Rockville, MD Business Administration’s Web site for 20852. OMB clearance requests are business laws, http:// Agency Information Collection available at the NRC worldwide Web www.businesslaw.gov. Activities: Submission for the Office of site: http://www.nrc.gov/public-involve/ FOR FURTHER INFORMATION CONTACT: Jack Management and Budget (OMB) doc-comment/omb/index.html. The Koller, Office of E-Government and Review; Comment Request document will be available on the NRC Information Technology, Office of home page site for 60 days after the AGENCY: U.S. Nuclear Regulatory Management and Budget, e-mail: signature date of this notice. Commission (NRC). [email protected], Telephone: (202) Comments and questions should be 395–4599. ACTION: Notice of the OMB review of directed to the OMB reviewer listed SUPPLEMENTARY INFORMATION: information collection and solicitation below by July 28, 2004. Comments Under the of public comment. received after this date will be SBPRA (44 U.S.C. 3520) Congress considered if it is practical to do so, but directed the Director of OMB to convene SUMMARY: The NRC has recently assurance of consideration cannot be a Task Force to study the feasibility of submitted to OMB for review the given to comments received after this streamlining requirements with respect following proposal for the collection of date. OMB Desk Officer, Office of to small business concerns regarding information under the provisions of the Information and Regulatory Affairs collection of information and Paperwork Reduction Act of 1995 (44 (3150–0104), NEOB–10202, Office of strengthening dissemination of U.S.C. Chapter 35). The NRC hereby Management and Budget, Washington, information (44 U.S.C. 3520, Pub. L. informs potential respondents that an DC 20503. 107–198). More specifically, this Task agency may not conduct or sponsor, and Comments can also be submitted by Force is charged with examining five that a person is not required to respond telephone at (202) 395–3087. tasks designed to reduce the information to, a collection of information unless it The NRC Clearance Officer is Brenda collection burden placed by government displays a currently valid OMB control Jo. Shelton, 301–415–7233. on small businesses. These tasks are as number. follows: 1. Type of submission, new, revision, Dated at Rockville, Maryland, this 22nd 1. Examine the feasibility and day of June, 2004. or extension: Extension. desirability of requiring the 2. The title of the information For the Nuclear Regulatory Commission. consolidation of information collection collection: NRC Forms 366, 366A, and Brenda Jo. Shelton, requirements within and across Federal 366B, ‘‘Licensee Event Report.’’ NRC Clearance Officer, Office of the Chief agencies and programs, and identify 3. The form number if applicable: Information Officer. ways of doing so. NRC Forms 366, 366A, and 366B. [FR Doc. 04–14559 Filed 6–25–04; 8:45 am] 2. Examine the feasibility and benefits 4. How often the collection is BILLING CODE 7590–01–P to small businesses of having OMB required: On occasion, as defined publish a list of data collections reactor events are reportable on organized in a manner by which they occurrence. OFFICE OF MANAGEMENT AND can more easily identify requirements 5. Who will be required or asked to BUDGET with which they are expected to report: Holders of operating licenses for comply. commercial nuclear power plants. Final Report of the Small Business 3. Examine the savings and develop 6. An estimate of the number of Paperwork Relief Task Force recommendations for implementing annual responses: 400. electronic submissions of information to AGENCY: Office of Management and 7. The estimated number of annual Budget, Executive Office of the the Federal government with immediate respondents: 104. President. feedback to the submitter. 8. An estimate of the total number of 4. Make recommendations to improve ACTION: hours needed annually to complete the Notice. the electronic dissemination of requirement or request: 20,000 information collected under Federal (Reporting: 20,000 Hours ÷ 400 Authority: The Small Business Paperwork requirements. responses = 50 hrs per response). Relief Act (44 U.S.C. 3520). 5. Recommend a plan to develop an 9. An indication of whether Section SUMMARY: The Office of Management is interactive Government-wide Internet 3507(d), Public Law 104–13 applies: N/ publishing the Final Report of the Small program to identify applicable A. Business Paperwork Relief Task Force. collections and facilitate compliance. 10. Abstract: With NRC Forms 366, The Small Business Paperwork Relief While carrying out its work, the Task 366A, and 366B, the NRC collects Task Force recommends options Force is to consider opportunities for reports of the types of reactor events and regarding the improvement of the the coordination of Federal and State problems that are believed to be electronic dissemination of information reporting requirements, and significant and useful to the NRC in its collected under Federal requirements coordination among individuals who efforts to identify and resolve threats to and identifies a plan to develop an have been designated as the small public safety. They are designed to interactive Government-wide Internet business ‘‘point of contact’’ for their provide the information necessary for program to identify applicable agencies. engineering studies of operational collections and facilitate compliance. A This report, which addresses the final anomalies and trends and patterns Draft Report was released for public two issues, is required no later than two analysis of operational occurrences. The comment May 5, 2003 and the response years after enactment, or June 28, 2004. same information can be used for other to comments is included in Appendix 7 Both reports must be submitted to the analytic procedures that will aid in of the Final Report. Director of OMB, the Small Business identifying accident precursors. The Final Report of the Small and Agriculture Regulatory Enforcement A copy of the final supporting Business Paperwork Relief Task Force is Ombudsman, and the Senate statement may be viewed free of charge posted on OMB’s Web site, http:// Committees on Governmental Affairs at the NRC Public Document Room, One www.whitehouse.gov/omb/inforeg/ and Small Business and

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Entrepreneurship, and the House compliance assistance resources concerning information on, and advice Committees on Government Reform and available to small businesses’’ and a list about, compliance’’ with regulatory Small Business. of the points of contacts in agencies ‘‘to statutes (Section 213). In other words, The Director of OMB appointed Dr. act as a liaison between the agency and Federal regulatory agencies are to John D. Graham, Administrator of the small business concerns’’ with respect develop small entity compliance guides Office of Information and Regulatory to the collection of information and the and to answer inquiries, and provide Affairs, and Ms. Karen S. Evans, control of paperwork. advice, about regulatory compliance Administrator for E-Government and FOR FURTHER INFORMATION CONTACT: issues. Information Technology, to co-chair the Keith B. Belton, Office of Information In addition, SBREFA created within Task Force. and Regulatory Affairs, Office of the Small Business Administration the The Act specifies the following Management and Budget, E-mail: office of the ‘‘Small Business and agencies to be represented on the [email protected], Telephone: (202) Agriculture Enforcement Ombudsman’’ SBPRA Task Force: Department of Labor 395–4815. Inquiries may be submitted (Section 222). The SBA Ombudsman’s (including the Bureau of Labor by facsimile to (202) 395–7285. responsibilities involve working ‘‘with Statistics, and the Occupational Safety each agency with regulatory authority SUPPLEMENTARY INFORMATION: and Health Administration); over small businesses to ensure that Environmental Protection Agency; A. Background small business concerns [involving the Department of Transportation; Office of agency’s implementation and The Small Business Paperwork Relief Advocacy of the Small Business enforcement of those regulatory Act of 2002 (Pub. L. 107–198) requires Administration; Internal Revenue authorities] are provided with a means OMB to ‘‘publish in the Federal Service; Department of Health and to comment on the enforcement Register and make available on the Human Services (including the Centers activity’’ conducted by each agency. In Internet (in consultation with the Small for Medicare and Medicaid Services); other words, the SBA Ombudsman is to Business Administration) ‘‘a list of the Department of Agriculture; Department monitor, and report annually to compliance assistance resources of Interior; the General Services Congress, on the enforcement practices available to small businesses’’ (44 U.S.C. Administration; and two other of Federal regulatory agencies. 3504(c)(6)). In addition, under another participants to be selected by the SBREFA was followed by the Small provision of this Act, ‘‘each agency Director of OMB (who are the Business Paperwork Relief Act of 2002 shall, with respect to the collection of Department of Commerce and (Pub. L. 107–198) (SBPRA). As information and the control of additional representatives from the described above, this law requires OMB paperwork, establish 1 point of contact Small Business Administration). to publish ‘‘a list of the compliance in the agency to act as a liaison between The Small Business Paperwork Relief assistance resources available to small the agency and small business Task Force solicited public comments business.’’ OMB is also publishing the concerns’’ (44 U.S.C. 3506(I)(1)). on the Draft Report from May 5, 2003 to points of contacts in agencies who are Working in cooperation with the June 4, 2003. All comments received by ‘‘to act as a liaison between the agency Small Business and Agriculture OMB were considered and resulted in and small business concerns’’ with Enforcement Ombudsman (SBA modifications to the final report. A respect to the collection of information Ombudsman) in the Small Business summary of the public comments with and the control of paperwork. Administration, OMB has, with the responses of the Task Force is attached In addition, this statute directed the active assistance and support of the SBA in Appendix 7 of the Final Report. Director of OMB to convene and have a Ombudsman, assembled a list of the representative chair a Task Force ‘‘to John D. Graham, compliance assistance resources study the feasibility of streamlining Administrator, Office of Information and available to small businesses. Because it requirements with respect to small Regulatory Affairs. may be helpful to the public to have the business concerns regarding collection Karen S. Evans, list of agency contacts together with the of information and strengthening Administrator, E-Government and list of compliance assistance resources, dissemination of information’’ (44 Information Technology. OMB is publishing these lists together. U.S.C. 3520). The Small Business [FR Doc. 04–14658 Filed 6–25–04; 8:45 am] These lists are also available today on Paperwork Relief Task Force has been BILLING CODE 3110–01–P OMB’s Web site at http:// developing recommendations to www.whitehouse.gov/omb/inforeg/ improve and more closely link the infocoll.html. The SBA Ombudsman has existing assistance resources through OFFICE OF MANAGEMENT AND created a link to this information on the the use of information technology. More BUDGET SBA Ombudsman’s Web site at http:// specifically, the Small Business www.sba.gov/ombudsman. Paperwork Relief Task Force is charged Compliance Assistance Resources and B. Legislative Initiatives with examining five ways to reduce the Points of Contact Available to Small information collection burden placed by Businesses The publication of these lists is part government on small business concerns. of a more comprehensive effort to assist AGENCY: Office of Management and They are: small businesses. The context for this Budget, Executive Office of the 1. Examine the feasibility and initiative began several years ago with President. desirability of requiring the enactment of the ‘‘Small Business consolidation of information collection ACTION: Notice. Regulatory Enforcement Fairness Act of requirements within and across Federal 1996’’ (Pub. L. 104–121, Title II) agencies and programs, and identify Authority: The Small Business Paperwork (SBREFA). Among other provisions, ways of doing so. Relief Act (44 U.S.C. 3520). SBREFA calls on agencies to ‘‘publish 2. Examine the feasibility and benefits SUMMARY: In accordance with the Small one or more guides to assist small to small businesses of having OMB Business Paperwork Relief Act of 2002, entities in complying’’ with certain publish a list of data collections the Office of Management and Budget regulations (Section 212), and ‘‘to organized in a manner by which they (OMB) is publishing a ‘‘list of the answer inquiries by small entities can more easily identify requirements

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with which they are expected to resources through the use of information products is available from the FSIS comply. technology. Technical Service Center (402–221– 7400; Fax: 402–221–7438; e-mail 3. Examine the savings and develop Donald R. Arbuckle, recommendations for implementing [email protected]. Deputy Administrator, Office of Information FSIS also operates an extensive small electronic submissions of information to and Regulatory Affairs. the Federal government with immediate establishment outreach program, feedback to the submitter. Compliance Assistance Summaries and featuring FSIS-sponsored workshops Points of Contact and programs, educational material 4. Make recommendations to improve development and distribution, HACCP the electronic dissemination of Agriculture and food-safety training and training information collected under Federal Food Safety Inspection Service (FSIS) sessions for FSIS consumer safety requirements. officers (http://www.fsis.usda.gov/ 5. Recommend a plan to develop an FSIS offers compliance assistance to Science/small_very_small_plant interactive Government-wide Internet small meat, poultry, and egg product _outreach/index.asp). FSIS consumer program to identify applicable plants. The FSIS publishes supporting safety officers are a highly qualified collections and facilitate compliance. documentation and guidance materials corps of individuals with the special SBPRA requires OMB to publish a for federally inspected establishments to mission of helping small establishments report on the first three topics by June use in designing and implementing resolve problems arising in their 28, 2003. This report can be found on sanitation standard operating implementation of HACCP systems. the OMB Web site at http:// procedures and hazard analysis and FSIS operates a special food safety www.whitehouse.gov/omb/inforeg/ critical control point (HACCP) food outreach program for Native American infocoll.html. On May 5, 2004, OMB safety systems. FSIS provides technical communities; it includes training for published in the Federal Register its guidance on many subjects of operators of small meat plants. Draft Report of the Small Business regulation, including requirements for Through the FSIS network of State Paperwork Relief Task Force. As plant sanitation, the use of food cooperators, seminars and training required, this draft report discussed the ingredients and food irradiation sources, classes on HACCP and food safety are final two topics listed above. The final and the control of pathogens. Also, to held around the country for operators of Report of the Small Business Paperwork help meet the challenges our Nation has food producing establishments. The Relief Task Force is available on OMB’s faced since September 11, 2001, FSIS Outreach Program also distributes Web site at http://www.whitehouse.gov/ has published security guidelines for multi-media training materials in CD– omb/inforeg/infocoll.html. food producing establishments. Many ROM and video as well as printed FSIS publications are available in formats. SBREFA and SBPRA are closely languages besides English. Web related. SBREFA focuses on helping Another useful information source on addresses for these publications are: regulatory compliance is an e-mail small businesses understand how to • Sanitation Compliance Guide: comply with Federal regulations. service by the FSIS Washington office http://www.fsis.usda.gov/OPPDE/rdad/ and directly accessible on the FSIS Web SBPRA focuses on helping small FRPubs/SanitationCover.htm. businesses understand how to comply • site. This service, FSIS Regulations Hazard Analysis and Critical ([email protected]) gives with Federal collections of Control Point (HACCP) Systems and information—that is, filling out forms, information on laws, regulations, and Pathogen Reduction: http://www.fsis. policies governing FSIS inspection reporting information, and keeping usda.gov/Science/Hazard_Analysis_& certain records. These two types of _ _ programs and affecting establishments Pathogen Reduction/ index.asp. regulated by FSIS. requirements are related because, as the • Draft of FSIS Microbiological Task Force report noted, agencies Hazard Identification Guide for Meat Animal and Plant Health Inspection generally collect information, or require And Poultry Components of Products Service (APHIS) those regulated to keep records, as part Produced by Very Small Plants: http:// APHIS has made compliance of regulatory provisions. The www.fsis.usda.gov/OA/haccp/ hidguide. assistance resources available to small information-related provisions are htm. business entities in several formats. All designed to help the agency ensure • Advice on Controlling Listeria work extremely well in that APHIS has compliance with the rule. Monocytogenes in Small and Very not received complaints or negative The close functional linkage between Small Meat and Poultry Plants: http:// comments regarding insufficient compliance with Federal regulations www.fsis.usda.gov/OPPDE/Nis/ information or difficulty gaining access. and with Federal reporting and Outreach/Listeria.htm. The listing of resources we submitted recordkeeping requirements suggests it • Federal Register Publications and included four Web addresses: is important to coordinate these Supporting Documents: http://www.fsis. • www.aphis.usda.gov/lpa/pubs—At legislative initiatives designed to assist usda.gov/OPPDE/rdad/publications. this site, small entities will find small businesses. It is also the reason htm. publications and other materials to help that the development, in particular, of • FSIS Security Guidelines for Food explain APHIS programs such as press the list of compliance assistance Processors and Distributors: http://www. releases, frequently asked question, resources available to small businesses fsis.usda.gov/Food_Security_& publications, industry alerts, technical should be viewed in the context of the _Emergency_Preparedness/ Security reports and stakeholder announcements. recommendations being developed by _Guidelines/index.asp. • www.aphis.usda.gov/lpa/video— the Small Business Paperwork Relief Besides its publications, FSIS offers a This Web page provides access to videos Task Force. The list of compliance telephone service, FSIS HACCP Hotline about several APHIS programs. With assistance resources describes what is (1–800–233–3935), to help proper equipment, the videos can be now available at the Federal agencies. establishments solve problems arising viewed from a computer. There is also The Task Force has developed from HACCP plan development and contact information to obtain copies. recommendations to improve and more implementation. Assistance on general • On-Site Evaluations/Assistance— closely link the existing assistance matters involving meat, poultry, and egg For on-site assistance, the telephone

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number for each Regional Office is information at: improvement over the current listed to request inspections, assistance, [email protected] or send a application because we have eliminated etc. request to: [email protected]. unnecessary and duplicative questions, • www.aphis.usda.gov/ies—This is Online/e-mail service—Wide range of the questions are easier to understand the Web site of the SBREFA Contact. It information about GIPSA and its and it takes less time for a storeowner contains program information and programs: Information regarding to complete the form. You can find more contact information. Comments, GIPSA’s programs and services can be information about our work with complaints, and/or suggestions can be found in the GIPSA Strategic Plan and retailers and publications we offer on sent by on line mail service to on the Agency’s Web site at: http:// the FNS Web site at www.fns.usda.gov/ [email protected]. www.usda.gov/gipsa. fsp/retailers/. The Food Stamp • Toll Free Telephone—Comments, Onsite Evaluations/Assistance— regulations that relate to retailers can be complaints, and/or suggestions can be Process Verification Program for Grain found in the Code of Federal made without charge by calling 1–866– Handlers: GIPSA is considering Regulations at 7 CFR parts 278 and 279 5Call IES. proposing a new process verification (a link to an electronic version is also program to meet the market’s rapidly Grain Inspection, Packers and available on the general FSP Web site evolving needs. In this program, GIPSA Stockyards Administration (GIPSA) referenced above). would apply internationally recognized Small Business Compliance Publications—Regulation, Rules, quality management standards to verify Assistance for Farmers’ Markets/ Technical and Administrative, the quality process used rather than Retailers in the WIC/FNMP Programs. Directives, Annual Reports: The Grain testing actual grain itself. The process Under the Child Nutrition Act Inspection, Packers and Stockyards verification designation verifies the provisions for the WIC and FMNP Administration posts current FGIS process, not the final product. The Programs, State agencies are responsible directives on the GIPSA Web site at: process verification program would give for the authorization, training, http://www.usda.gov/gipsa/pubs/ industry participants independent monitoring, and corrective action of pubs.htm or http://www.usda.gov/gipsa/ verification of their quality processes small businesses such as retailers, reference-library/directives.htm. The and standards, and a way to capture farmers, and farmers’ markets. FNS has publications are in PDF format, so they values not easily identified by may be printed directly from the Web. traditional inspection and testing. For issued regulations establishing Seminars, classes—Technical more information, contact John Sharpe guidelines and parameters for State Training (e.g., Grain Inspection): at: [email protected] or agency administration of these GIPSA’s Technical Services Division telephone: (202) 720–0228. activities. Although some uniformity is (TSD) provides extensive training imposed by these regulations, there are throughout the official inspection Food and Nutrition Service (FNS) also considerable areas of State system to ensure uniform, accurate The Food and Nutrition Service discretion, so that many of the rules will results are provided at all locations. administers family feeding programs not be the same from one State to the TSD also offers customized industry such as the School Lunch and Breakfast next. For example, State agencies must education services to facilitate the Programs, the Special Supplemental accept applications from retailers for commercial marketing of grain. Topics Nutrition Program for Women, Infants WIC authorization at least once every include the visual grading of any grain, and Children (WIC), the Farmers’ three years, but may do so much more rice, bean, pea, or lentil and objective, Market Nutrition Program (FMNP) and frequently, and each State has its own non-visual quality tests such as protein, the Food Stamp Program (FSP). The application form. For another example, oil, and mycotoxins. Contact Larry Agency administers most of these States are required to allow only certain McDonald for more information at: programs through State agencies and, types and amounts of food to be [email protected]. therefore, has very little direct transacted for WIC food instruments, Telephone service—information about interaction with small businesses. but the precise brand, package size, and GIPSA: Responding to customers’ needs However, a few of our programs (or maximum allowed price will vary from is GIPSA’s main priority. GIPSA parts of them) do relate to small State to State. The FNS Web site (http:/ designed its programs to concentrate on business in some way. This summary /fns.usda.gov/wic) includes the WIC/ customers’ needs. If customers have pertains only to those parts of FNS. FMNP regulations (7 CFR Parts 246 and comments on GIPSA Customer Service Small Business Compliance 248) and also a list of the WIC and Standards or want information on any Assistance for Retailers in the Food FMNP State agency addresses, GIPSA programs, contact: USDA, Stamp Program. FNS is continuing to telephone numbers, and Web sites. GIPSA, STOP 3601, 1400 Independence carry out its compliance assistance Agricultural Marketing Service (AMS) Avenue, SW., Washington, DC 20250– efforts to retailers in the Food Stamp 3601 or telephone: (202) 720–0219. Program. Staff have attended The Agricultural Marketing Service CD ROM’s/Videos/E-Learning conferences, presented workshops and (AMS) has a number of compliance Courses—Technical Information (e.g., held face-to-face meetings with retailers assistance programs to help small Procedures for Inspection Grain): GIPSA to provide technical assistance and entities to comply with program offers various educational materials listen to their concerns. With regards to regulations. They range from created for the U.S. grain industry. They new initiatives, FNS has created a bi- publications to seminars to e-mail include multimedia CD’s and several annual publication (mailer) that is sent assistance to CD–ROMs and videos. The brochures/handouts. Single copies of to all retailers that participate in the issues they discuss include information CDs are available free by mail and the Program. The mailer provides updates on the Perishable Agricultural brochures/handouts are available in on current policy and any changes to Commodities Act, marketing orders, the PDF format for online viewing and/or Program rules and offers tips for National Organic Program, grading download. All materials are public retailers on best practices. Secondly, programs, and science & technology domain and may be freely duplicated FNS will begin using a simplified programs, among others. All this and distributed in their original form. application for new retailers in Fall assistance and contact information can Contact Roger Friedrich for more 2004. The simplified application is an be accessed by clicking the appropriate

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program’s link on the AMS Web site inquiries by small entities, when • BIS Web site: http:// http://www.ams.usda.gov. appropriate, in the interest of www.bxa.doc.gov/index.htm. administering statutes and regulations. • BIS Export Enforcement Hotline: 1– Rural Utilities Service (RUS) NOAA answers tens of thousands of 800–424–2980. The Rural Utilities Service (RUS) is a inquiries from small entities annually. • Office of Export Enforcement financing agency, not a regulating Inquiries are received via telephone, Intelligence: (202) 482–1208. authority. RUS does not have mail and electronic mail; during public • Exporter Counseling Division: (202) enforcement policies. Its policy on hearings, town hall meetings and 482–4811. minimum compliance requirements as a workshops held by NOAA throughout The Office of Antiboycott Compliance condition for financing is to work with the year; and in day-to-day interactions (OAC) within BIS advises small the individual applicant/borrower to small entities have with NOAA. NOAA businesses on compliance with the ensure compliance. RUS does not distributes compliance guides to all antiboycott regulations through its impose penalties or engage in those to whom a rule will apply and to telephone advice line. Callers can seek enforcement activities. Assistance with others who have expressed interest. It compliance advice before engaging in its programs can be obtained at our Web makes them available at sites where transactions. The OAC also offers site at http://www.usda.gov/rus/. This affected parties are likely to see them. counseling to small businesses to assist site contains information on all of our The guides may take different forms to them in solving their boycott problems programs and complete contact best serve the needs of the parties legally. Antiboycott Advice Line: (202) information by subject matter and affected by a particular rule. 482–2381. geographic location. If needed, a RUS • NOAA Toll-Free Enforcement Patent & Trademark Office field representative can come to your Hotline: 1–800–853–1964. location to provide assistance. • NOAA Office for Law Enforcement: U.S. Patent and Trademark Office Department of Agriculture Single http://www.nmfs.noaa.gov/ole/ (USPTO) Office of Procurement awards Point of Contact: Jacquelyn Chandler, index.html. and administers a wide variety of Office of Budget and Program Analysis, • NOAA Law Enforcement Contacts: contracts and simplified purchases for U.S. Department of Agriculture, 1400 http://www.nmfs.noaa.gov/ole/ the acquisition of goods and services Independence Avenue, SW., Rm. 147–E, contacts.html. required throughout the agency. Our site Washington, DC 20250, Telephone: NOAA program offices often prepare includes helpful links such as current 202–720–1516, E-mail: ‘‘plain English’’ summaries of new USPTO contracts, upcoming [email protected]. regulations and distribute them by fax to opportunities, office staff listing, helpful the regulated communities and the information for small businesses, Commerce press. For complex regulations, information on our new Performance The Department of Commerce question/answer sheets of the most Based Organization (PBO) procedures understands a vibrant small business frequently asked questions are often and other related topics. sector is critical to creating new jobs in published in the fishery trade journals The USPTO Office of Procurement a dynamic and growing economy, so it that are most often read by the affected continually strives to remain on the is mindful of its responsibilities under fishermen. Information about NOAA’s leading edge of procurement reform and the Small Business Regulatory regulations and compliance guidance is current technology. It is our goal to Enforcement Fairness Act (SBREFA). often posted on NOAA Web pages and identify and utilize new innovative The Commerce Department provides on electronic bulletin boards. techniques to develop a partnership substantial regulatory enforcement Additionally, small entities may with industry. compliance assistance through a variety contact specific program offices A major goal at the United States of media. responsible for the regulations at issue. Patent & Trademark Office, Office of Within the Commerce Department, Program offices hold informational Procurement is to promote and give two agencies regulate the activities of workshops to explain new regulations consideration to small business small businesses. The National Oceanic and answer questions from the industry concerns. Requirements over the micro and Atmospheric Administration concerning compliance. Fishermen, purchase amount of $2,500 are (NOAA) regulate small businesses under who make up much of the regulated identified early in the acquisition several natural resource protection community, often speak with NOAA’s process to allow for consideration for statutes that NOAA enforces, including individual fishery plan coordinators for small, small disadvantaged, woman- the Marine Mammal Protection Act, the guidance in response to specific factual owned and minority-owned businesses. Endangered Species Act, and the situations described by the fishermen. http://www.uspto.gov/web/offices/ac/ Magnuson-Stevens Fishery In permitted fisheries, letters explaining comp/proc/ipa/ipamain.htm. Conservation and Management Act. The regulatory changes, and providing the The Office of Procurement continues Bureau of Industry and Security (BIS), name of a person to contact for to promote Electronic Commerce (EC) formerly the Bureau of Export additional information and guidance, and utilize innovative technologies to Administration (BXA), regulates small may be sent to each permit holder. streamline procurement processes. Our businesses under the Export NMFS also has public affairs positions EC effort, known as the Internet-Based Administration Regulations, which set in its regional offices that specialize in Purchasing Application (IPA), has been the criteria for authorizing exports of community outreach. in use for over a year now. The IPA dual-use items—commercial items with BIS similarly provides exporters a continues to grow and is a successful potential military or weapons wide range of compliance assistance. tool in conducting simplified proliferation applications. These include compliance guides in the acquisitions over the Internet. NOAA has a comprehensive program forms of instructional brochures, fact For more information please contact: providing regulatory compliance sheets and guidance posted on the BIS Susan K. Brown, Records Officer (PRA guidance and assistance to small Web site. BIS also educates small Clearance Desk), U.S. Patent and entities, which comprise much of businesses through seminars, meetings, Trademark Office, Office of the Chief NOAA’s regulated community. It has workshops and, when requested, one- Information Officer, Suite 310, 2231 long been NOAA’s practice to answer on-one counseling. Crystal Drive, Washington, DC 20231,

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Telephone: (703) 308–7400, E-Mail: administers the DOD Procurement Washington, DC 20202; Telephone: [email protected]. Technical Assistance Program (PTAP). (202) 708–9820. Muriel A. Brown, Small Business PTAP Centers are a local resource that • Student loan issues: Liaison, U.S. Patent and Trademark can provide assistance to business firms www.ombudsman.ed.gov, U.S. Office Office of Procurement, Box 6, in marketing products and services to Department of Education, FSA Washington, DC 20231, Telephone: the Federal, State and local Ombudsman, 830 First St., NE, 4th (703) 305–8370, E-mail: governments. A list of PTAP Centers can Floor, Washington, DC 20202–5144; [email protected]. be found at http://www.dla.mil/db/ Telephone: 1–877–557–2575; Fax: (202) Department of Commerce Single Point procurem.htm. 275–0549. of Contact: Tom Pyke, Office of the The DOD Regional Councils for Small Education Department Single Point of Chief Information Officer, U.S. Business Education and Advocacy are a Contact: John Tressler, U.S. Department Department of Commerce, 14th St. & nationwide network of small business of Education, Office of the Chief Constitution Ave., NW., Washington, specialists organized to promote the Information Officer, 400 Maryland Ave. DC 20230. Telephone (202) 482–4797. National Small Business Programs of the SW., Washington, DC 20202. Telephone: (202) 245–6589. E-mail: Defense United States. Council objectives include promoting the exchange of ideas [email protected]. It is the Department of Defense (DOD) and experiences, and general Energy policy that a fair proportion of DOD information among small business total purchases, contracts, subcontracts, specialists and the contracting The Office of Small & Disadvantaged and other agreements for property and community; developing closer Business Utilization (OSDBU) and the services be placed with small business relationships and better communication Office of the Ombudsman handle small concerns, service-disabled veteran- among Government entities and the business compliance at the U.S. owned small business concerns, small business community; and staying Department of Energy (DOE). And, each qualified historically underutilized abreast of statutes, policies, regulations, site facility and DOE contractor has a business zone (HUBZone) small directives, trends, and technology small business manager dedicated to business concerns, small disadvantaged affecting the Small Business Program. small business compliance. (http:// business concerns, women-owned small There are eight Regional Councils smallbusiness.doe.gov). business concerns, and Historically sponsored by the DOD Office of Small The OSDBU oversees small business Black Colleges and Universities and and Disadvantaged Business Utilization programs department-wide, setting minority institutions. (SADBU) governed by individual by- policies and procedures to ensure small The Director of the Office of Small laws. Further information can be found business compliance in DOE contract and Disadvantaged Business Utilization at http://www.acq.osd.mil/sadbu/ awards. The OSDBU also maintains a (SADBU) is the principal proponent programs/regional/index.htm. Web site with a clearinghouse of small within the Office of the Secretary of Information on DOD’s initiatives and business information, as well as small Defense for executing national and DOD programs is available on SADBU’s Web business policies and regulations and policy as mandated by the Congress and site http://www.acq.osd.mil/sadbu/ information on resources available to the President. The Director acts as index.htm. Contact information and small businesses both at DOE and at ombudsman and coordinator with the links to DOD Component SADBU other agencies/departments. The functional activity concerned in Offices can be found at http:// OSDBU has an extensive outreach/ responding to complaints and resolving www.acq.osd.mil/sadbu/links/ marketing program, including problems encountered by small business sadbu.htm. advertising in various publications and firms performing under DOD contracts. Department of Defense Single Point of participation in various small business The Washington Headquarters Contact: Robert L. Cushing, Jr., conferences. Services, Directorate for Information Department of Defense, Washington DOE maintains a number of Operations and Reports (WHS/DIOR), Headquarters Services, Executive partnerships with many Federal serves as the central repository for Services and Communications agencies such as the Small Business statistical information for the Directorate, 1225 South Clark Street, Administration and the Office of Department of Defense. General Suite 504, Arlington, VA 22202–4326. Federal Contract Compliance to promote procurement data, including Telephone: (703) 604–6269. E-mail: small business compliance. The OSDBU subcontract information, is located on [email protected]. has a ‘‘Small Business Council’’ the WHS/DIOR Web site at http:// composed of representatives of major www.dior.whs.mil/peidhome/ Education trade associations, small and minority peidhome.htm. Specifically, SADBU • Online information centers on business chambers, women and veteran utilizes the standard tabulation (ST) 28 grants and contracts, financial aid, groups to ensure information/feedback report, titled ‘‘Contract Awards by FSC education research and statistics, to/from the small business community and Purchasing Office,’’ as a key education policy (including legislation, relative to small business compliance. document to assist small business regulations and guidance), and The Office of the Ombudsman concerns in identifying contracting education programs: www.ed.gov. provides small business access to an activities with contracting potential. • Online subscriptions to Department impartial review of their issues in The ST 28 matches the dollar of Education newsletters: www.ed.gov. dealing with the DOE and its obligations and contract actions under • Department of Education programs contractors. The Office gives small each specific Federal Supply Class or and initiatives: 1–800–USA–LEARN (1– business guidance and referral services Service Codes and details the 800–872–5327). to the correct entity within DOE and contracting activities that made awards • Student aid: 1–800–4FED–AID (1– serves as a voice for the small business by name, city, and State. The ST 28 can 800–433–3243). within DOE. be found at http://www.dior.whs.mil/ • Matters affecting small businesses: Department of Energy Single Point of peidhome/procstat/procstat.htm. U.S. Department of Education, Office of Contact: Theresa Speake, Director, The Defense Logistics Agency, on Small and Disadvantaged Business Office of Small & Disadvantaged behalf of the Secretary of Defense, Utilization, 400 Maryland Ave., SW., Business Utilization, U.S. Department of

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Energy, 1000 Independence Ave., SW., together an array of useful regulatory • Center for Drug Evaluation and Washington, DC 20585. Telephone: and compliance information. For Research Guidance Documents: http:// (202) 586–8383. E-mail: example, the Center for Devices and www.fda.gov/cder/guidance/index.htm. [email protected]. Radiological Health has created a • Center for Devices and Radiological ‘‘Device Advice’’ Web page, a self- Health Guidance Documents for Health and Human Services service interactive site for obtaining Industry: http://www.fda.gov/cdrh/ Located in HHS’s Office of the information about medical devices. The guidance.html. Secretary, the Department’s Office of human pharmaceutical program has • Center for Food Safety and Applied Small and Disadvantaged Business created a comparable Web page, ‘‘A Nutrition Food and Cosmetic Guidance Utilization (OSDBU) fosters the use of Small Business Assistance’’. Documents: http://www.cfsan.fda.gov/ small and disadvantaged businesses as FDA’s Small Business Representatives ∼dms/guidance.html. • Federal contractors. To accomplish this (SBR’s) are a significant resource for the Office of Regulatory Affairs task, the OSDBU develops and small business community. Each of Inspection References: http:// _ implements outreach programs aimed at FDA’s five regional offices is assigned www.fda.gov/ora/inspect ref/ heightening the awareness of small an SBR to provide small business default.htm. business community to the contracting educational outreach and training. Web Assistance. The following small opportunities available across the FDA regional offices represent business and industry-assistance Department. another significant informational homepages also bring together an array Outreach efforts include activities resource for the small business of useful regulatory and compliance such as sponsoring small business fairs community. The regional offices answer information: and procurement conferences as well as • Center for Drug Evaluation and thousands of questions, conduct scores participating in trade group seminars, Research (CDER) Small Business of training programs, and organize many conventions, and other forums, which Assistance: http://www.fda.gov/cder/ ‘‘grassroots’’ meeting to educate the promote the utilization of small and about/smallbiz/default.htm—This site regulated industry, especially small disadvantaged businesses as contractors. provides a listing of various programs, businesses, about emerging regulatory The OSDBU Web page, www.HHS.gov/ laws, regulations, and organizations that topics of interest. osdbu, presents important resources to pertain to the drug development and In addition, FDA’s public affairs aid contractors in doing business with approval process. This site is specialists (PAS’s), who are assigned to the Department. OSBDU’s Director is specifically geared to small businesses; many of the agency’s field offices, are Ms. Debbie Ridgeley. Ms. Ridgeley may however, general information relating to able to respond to questions about be contacted by telephone at (202) 690– both small and large businesses is also FDA’s programs, policies, and 7300, or by E-mail at: available here (i.e., guidance procedures. [email protected]. documents, CDER calendar, etc. * * *) Finally, FDA has appointed • Information on Devices: http:// Food and Drug Association (FDA) ombudsmen in the Office of the www.fda.gov/cdrh/devadvice/—This is FDA provides a wealth of written and Commissioner, the Center for Drug an interactive, self-service site. It electronic information to assist small Evaluation and Research, the Center for contains information on ‘‘How to business compliance with FDA Biologics Evaluation and Research, the Market Your Device’’ as well as an regulatory requirements. FDA has Center for Veterinary Medicine, and the overview of the regulations, guidance published hundreds of guidelines to Center for Devices and Radiological documents, consumer information, and assist regulated industry, including Health. These officials not only provide more. small business, in complying with the compliance assistance, but also help • Veterinary Products: http:// laws and regulations that FDA regulated companies explore available www.fda.gov/cvm/faqs/faqs.html—This administers. These guidelines cover options in resolving disputes with the site answers ‘‘Frequently Asked virtually all areas that FDA regulates, agency. Questions’’ about veterinary products. It from new drug and medical device Technical guides. FDA has issued includes links to sites that provide premarket review, to product import hundreds of guides to assist information and requirements for topics and export issues, to issues that relate manufacturers in meeting premarket such as ‘‘New Animal Drug Approval’’ to the manufacture of foods, drugs, approval and other regulatory and ‘‘Marketing a Pet Food Product,’’ as devices, and biological products. requirements. Among these guidelines a well as others. FDA has also published and made number of guidelines expressly directed • Center for Biologic Evaluation and widely available guidelines that the to the concerns and needs of small Research (CBER): http://www.fda.gov/ agency has developed for its own businesses. CBER/manufacturer.htm—This Web site enforcement and compliance staff. Inspectional guides. FDA has made from the Center for Biologic Evaluation These guidelines describe the general publicly available the agency’s manuals and Research explains the standards for compliance action and set and written procedures governing the manufacturer’s assistance program, forth the procedures to be followed in conduct of inspectional and which provides assistance and training conducting investigational and investigational activities to companies, both large and small, enforcement activities. Essentially all of Policy guides. FDA has issued many regarding CBER policies and these written materials are available guidelines to help regulated industry procedures. This site also contains links through FDA’s many Web sites. FDA understand the laws, policies, and to other sites that may be of values to has also prepared ‘‘plain language’’ regulations that FDA administers. Many the small business owner. versions of some of the more technical of these documents are issued in ‘‘plain • Office of Regulatory Affairs documents to assist small businesses language’’ versions to assist small Information on Small Business: http:// and others in understanding FDA’s businesses and others in understanding www.fda.gov/ora/fed_state/ expectations. FDA’s expectations. small_business/default.htm. FDA has created a number of small All of the above-cited guidance • Office of Regulatory Affairs Small business and industry assistance materials may be accessed through the Business Guide to FDA: http:// ‘‘homepages’’ on its Web sites that bring following Web sites: www.fda.gov/ora/fed_state/

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Small_Business/sb_guide/default.htm. Southwest Region (AR, CO, IA, KS, MO, disadvantaged, HUBZones, and women- This site is from the FDA’s Office of NE, NM, OK, TX, UT, WY): David owned businesses. This Office Regulatory Affairs. It offers links to a Arvelo, 40 N. Central Expy., Suite maintains company profiles and number of useful sites such as ‘‘What to 900, Dallas, TX 75204. Telephone: capability statements for all types of do when marketing a new product,’’ (214) 253–4952. Assistant: Sue services. Inquiries should be directed to ‘‘recalling a product,’’ ‘‘undergoing an Thomason, telephone: (214) 253– Sharon McKinney, on (410) 786–5162, FDA inspection,’’ etc. * * * It also 4951. Fax: (214) 253–4970. E-mail: or e-mail may be sent to: provides an introduction to the Federal [email protected]. [email protected]. Register, information on obtaining FDA Pacific Region (AK, AZ, CA, HI, ID, MT, Grant Opportunities. While CMS’s documents, frequently call numbers, NV, OR, WA): Marcia Madrigal, Program Offices are concerned with the and much more information. Oakland Federal Building, 1301 Clay scientific, technical and programmatic • Center for Food Safety and Applied Street, Suite 1180–N, Oakland, CA topics, the Acquisition and Grants Nutrition Guide to Starting a Food 94612–5217. Telephone: (510) 637– Group/Research Contracts and Grants Business: http://www.cfsan.fda.gov/ 3980. Fax: (510) 637–3977. E-mail: Division is primarily charged with the ∼ comm/foodbiz.html—Advice on [email protected]. business management and policy ‘‘Starting a Food Business’’ which may Ombudsman. FDA’s Ombudsman aspects of CMS’s discretionary grant and be of interest for the (potential) small Offices provide compliance assistance cooperative agreement activities. business owner. This site provides links and assistance in informal dispute Currently, CMS conducts a myriad of to Federal and State regulatory agencies, resolution. There are also ombudsmen R&D programs including (but not import & export information, as well as offices in most of the program offices. limited to) the following: Real Choice several other helpful sites. Contacts are as follows: Systems Change Grants, Medicaid Small Business and Industry Office of the Commissioner: Laurie Infrastructure Grants, State Health Assistance Offices. Each major FDA Lenkel, Office of the Ombudsman, Insurance Assistance Program, component has its own industry Food and Drug Administration, 5600 Historically Black Colleges and assistance office. Staff in these offices Fishers Lane, Room 4B–44, HF–7, Universities, and Hispanic Health provide program-specific information Rockville, MD 2085. Telephone: (301) Initiatives. For additional information, and compliance assistance, through the 827–3390. Fax: (301) 480–8039. E- please contact Judy Norris on (410) 786– contact points indicated below: mail: [email protected]. 5130 or e-mail to: [email protected]. CDER Small Business Assistance Drug Center for Biologics Evaluation and Regulatory Burden. The CMS liaison Information Branch. Telephone (301) Research: Sherry Lard Whiteford, with the Small Business CBER Ombudsman (HFM–4), Center 827–4573, [email protected]. Administration’s Office of the National CBER Division of Manufacturers for Biologics Evaluation and Research, Ombudsman is the Office of Strategic Assistance and Training. Telephone 1401 Rockville Pike, Suite 200N, Operations and Regulatory Affairs (301) 827–2000, or [email protected]. Rockville, MD 20852–1448. Telephone: (OSORA). CDRH Division of Small Manufacturers, (301) 827–0379. E-mail: OSORA is the Agency’s focal point for International and Consumer [email protected]. Assistance. Telephone: 1–800–638– Center for Drug Evaluation and assessing and reducing the burden of 2041, or [email protected]. Research: CDER Ombudsman (HFD–1) Federal paperwork on small businesses CVM communications staff. Telephone: 5600 Fishers Lane, Room 9–74, in accordance with the Small Business (301) 827–3806, or [email protected]. Rockvillle, MD 20857. Telephone: Paperwork Relief Act of 2002 (SBPRA). CFSAN industry activities staff. (301) 594–5443 or (301) 827–4312. E- OSORA is responsible for responding Telephone: (301) 436–1730, or mail: [email protected]. to small entity concerns on regulatory [email protected]. Center for Devices and Radiological burden, coordinating the development The Small Business Representatives Health: Les Weinstein, CDRH of department-wide non-retaliation identified below in each of FDA’s five Ombudsman, Office of the Center policy with the Department of Health regional offices provide small Director, Center for Devices and and Human Services, and participating businesses with personalized Radiological Health, U.S. Food and in Regulatory Enforcement Fairness educational outreach and compliance Drug Administration, 9200 Corporate hearings and meetings when issues assistance: Blvd. (HFZ–5), Rockville, MD 20850. relate to the CMS mission. Northeast Region (CT, MA, ME, NH, NY, Telephone: (301) 827–7991. Fax: (301) OSORA has established the following RI, VT): Marilyn Corretto, 158–15 827–2565. E-mail: resources as contacts for small Liberty Avenue, Jamaica, NY 11433– [email protected]. businesses experiencing problems 1034. Telephone: (718) 662–5618. Center for Veterinary Medicine: Marcia pertaining to the regulatory burden Fax: (718) 662–5434. E-mail: K. Larkins, D.V.M, FDA Center for aspect of doing business: Phone: (410) [email protected]. Veterinary Medicine, Ombudsman, 786–1002. E-mail: Central Region (DC, DE, IL, IN, KY, MD, 7519 Standish Place HFV–7, [email protected]. MI, MN, ND, NJ, OH, PA, SD, VA, WI, Rockville, MD 20855. Telephone: Web site. In addition, CMS provides WV): Marie T. Falcone, U.S. (301) 827–4535. Fax: (301) 827–3957. on its all-purpose Web site Customhouse, 2nd and Chestnut Sts., E-Mail: [email protected]. www.cms.hhs.gov extensive amounts of Room 900, Philadelphia, PA 19106. information about the agency’s Telephone: (215) 597–2120 ext. 4003. Center for Medicare and Medicaid programs, organized in terms of the kind Fax: (215) 597–5798. E-mail: Services (CMS) of health-service provider affected, e.g., [email protected]. Small Business Office. CMS has a full hospitals, nursing homes home health Southeast Region (AL, FL, GA, LA, MS, time Small and Disadvantaged Business agencies, or durable medical equipment NC, PR, SC, TN, VI): Food and Drug Utilization Specialist (SDBUS) located suppliers. This information is not Administration, 60 Eighth St., NE., in its Acquisition and Grants Group. currently differentiated in terms of the Atlanta, GA 30309. Telephone: (404) The SDBUS is the Agency’s focal point size of these providers’ business 253–1217. Fax: (404) 253–1207. E- for ensuring that all reasonable action is entities, but CMS is planning to take mail: [email protected]. taken to increase awards to small, small steps in the near future to earmark the

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information in terms of its applicability principals of private companies, to opportunities, which are also to small businesses. include small and large firms, as well as announced via the Web, the Federal nonprofits and universities; Register, FedBizOpps, and through National Institutes of Health (NIH) • Responding to inquiries and ‘‘The HRSA Preview,’’ give further The NIH Small Business Office (SBO) requests for advice from small, indications of potential acquisitions serves as an advocate for small business disadvantaged, woman, veteran, service- needs. The HRSA Preview may be through various program activities and disabled and HUBZone-owned obtained through the HRSA web site or outreach efforts. These efforts are businesses; and assisting small business by calling 1–877–HRSA–123. intended to maximize prime and in their marketing and business Contractors may also find fertile subcontract acquisition opportunities at development efforts and activities. opportunities for sub-contracting with the NIH for small businesses owned by Health Resources and Services HRSA grantees. the disadvantaged, women, veterans, Department of Health and Human Administration service-disabled veterans, and Services Single Point of Contact: Debbie Historically Underutilized Business The Health Resources and Services Ridgely, Director, Office of Small and Zone (HUBZone) concerns. Inquires Administration (HRSA) exists primarily Disadvantaged Business Utilization, should be sent to Diana Mukitarian, to expand access to health care for Room 360–G Humphrey Building, Chief, (301) 496–9639, medically underserved individuals and Washington, DC 20201. Telephone: [email protected]. families across the nation through (202) 260–0040. E-mail: The Small Business Program is community-based networks of primary [email protected]. located in the NIH’s Office of and preventive health care services. Homeland Security Acquisition Management and Policy, HRSA has become known as ‘‘The whose URL is: http://oa.od.nih.gov/ ‘Access’ Agency’’ for its services to Office of Small and Disadvantaged oamp/index.html. Among other things, Americans who lack health insurance; Business Utilization (OSDBU). The the Small Business Program at the NIH 62 million Americans in rural Department of Homeland Security’s is responsible for: communities; 78 million racial and (DHS) Office of Small Business and • Developing and maintaining ethnic minorities; over 800,000 Disadvantaged Business Utilization acquisition review procedures and Americans with HIV/AIDS; and about (OSDBU) assists, counsels, and advises guidelines for requests for contracts, 80,000 U.S. residents awaiting organ small businesses of all types (small subcontracting plans and operations as transplants. businesses, small disadvantaged contract activities. Such reviews result HRSA Contracting Office and Small business, women-owned small in recommendations to contracting Business Representative. The HRSA businesses, veteran owned small officers regarding the method of contracting office, the Contracts businesses, service disabled veteran acquisition to be pursued and the Operations Branch, is currently part of owned small businesses, and small acceptability of proposed subcontracting the Division of Grants and Procurement businesses located in historically plans and prime contractors’ small Management. The current Small underutilized business zones) on business programs; Business Representative, Ms. Debora procedures for contracting with DHS. • Conducting surveillance of contract, Pitts, is available to assist small The point of contact for this small simplified acquisition and satellite businesses in navigating the field of business program is Kevin Boshears; he small business program activity, and HRSA acquisitions. Ms. Pitts may be may be reached at (202) 772–9792 and conducting studies of specific problem contacted at (301) 443–3789. [email protected]. areas to ensure effective small business Key Contact Persons in HRSA Office of the Private Sector. The program performance and compliance Contracts. HRSA ‘‘HCA’’ (Head of Office of the Private Sector has an e- with applicable laws and regulations; Contracting Activities) is Dr. Albert F. mail address where small business • Ensuring the development and Marra, who may be reached at (301) inquiries could be made, namely presentation of management data to 443–1433. The HRSA Chief of the [email protected]. The Office will, provide continuing visibility of program Contracts Operations Branch is Mr. pursuant to the Homeland Security Act, activity and to evaluate program Steve Zangwill, who may be contacted have the capability to advise the accomplishments against agency socio- at (301) 443–5097. Mr. Zangwill is Secretary regarding the impact on the economic goals; assisted by Mr. Frank Murphy, who private sector, including small business, • Representing the NIH at Federal, leads the negotiated contract team, at of proposed regulations concerning State, local government and (301) 443–5165, and Ms. Bonnie Garcia, homeland security. For now, an congressional small business who heads the simplified acquisitions individual and phone number that can conferences and fairs. Serving as a guest team at (301) 443–5116. The main office be used as an entry point to the Office and expert speaker at various Federal, number is (301) 443–1433. would be Ms. Elizabeth Callaway at State, local government and All contracting opportunities at HRSA (202) 282–8484 and Congressional small business are announced publicly via the World [email protected]. conferences and fairs; Wide Web using the government’s new Department of Homeland Security • Serving as a liaison between the FedBizOpps program at the following Single Point of Contact: Ms. Elizabeth NIH program and contract staff and the Web site: www.fedbizopps.gov. Callaway, U.S. Department of Homeland contractor community; Contractors and vendors are urged to Security, Attn: Private Sector Office, • Delivering industry assistance by visit that site, as well as the larger HRSA Washington, DC 20528. Telephone: maintaining a program designed to Web site at www.hrsa.gov to keep (202) 282–8484. E-mail: locate capable small, disadvantaged, abreast of contracting needs as well as [email protected]. woman, veteran, service-disabled and programmatic changes and HUBZone-owned small business developments. Another vehicle open to Bureau of Citizenship & Immigration concerns for current and future interested potential contractors is to Services (INS) acquisitions; study the grants funding opportunities The paperwork requirement imposed • Representing the NIH to industry by available to various agencies and by the Bureau of Citizenship and interfacing with CEOs and other organizations. These grants Immigration Services is the Form I–9.

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Completion of this one-page form by trade community about the laws and action, and make sure that mistakes are employers helps to insure a legal regulations that apply to importing and not repeated. You may comment, ask workforce within the United States and exporting. Customs officers at the ports questions, or file a complaint about does not present a significant burden for of entry, the Strategic Trade Centers, Coast Guard policies or actions by businesses. The Bureau has instituted field operations offices and at contacting your local Coast Guard office, electronic filing of some applications Headquarters daily receive and respond or you can also contact the Small and provides application status on line. to requests for information from the Business Administration Office of the These improvements have been a boost public. National Ombudsman at 888–REG–FAIR to many businesses, providing a speedy • CBP Web site: http://www.cbp.gov/ (734–3247), fax: (202) 481–5719, e-mail: mechanism for filling critical positions xp/cgov/toolbox/ports/. [email protected]. with foreign experts or semi-skilled The CBP Web site lists all ports of Small businesses generally are workers with temporary and permanent entry with their addresses and independently owned and operated and foreign workers. Many employers make telephone numbers. CBP has are not dominant in their field. If you use of the Bureau’s petitions and incorporated a Customer Service Center need help determining whether or not applications for approval to hire alien that responds to inquiries via a toll free your business qualifies as a ‘‘small temporary workers. number (1–877–Customs). The Office of business’’, contact the SBA’s Office of Live voice assistance, Employer Trade Relations (OTR) is designated as the National Ombudsman using the Hotline (800) 357–2099 is available for the point of contact within CBP for information given in the preceding employers and Live voice assistance for small businesses and may be reached at paragraph. general questions (800) 357–5283. (202) 927–1440 or via e-mail at Coast Guard single point of contact: Information for e-filing can be found at [email protected]. This office was Steve Venckus, Chief, Office of www.bcis.gov. Employer Assistance revamped in 2002 to ensure effective, Regulations and Administrative Law Resources can be found at www.bcis.gov extensive communication between CBP (G–LRA), 2100 2d Street, SW., (Room under the title ‘‘Information for and all facets of the trade community. 1417), Washington, DC 20593–0001. Employers’’, Office of Business Liaison. Any small entity seeking general Phone: (202) 267–1534. Fax: (202) 267– Requests for speakers and questions can information about importing procedures 6234. E-mail: [email protected]. be faxed to (202) 305–2523. or wanting to comment on their Housing and Urban Development DHS Point of Contact for Small interaction with CBP may contact OTR Business Compliance Assistance: Felicia for assistance. The Office of Small and A. Colvin, Supervisory Information Contact Information. Customs and Disadvantaged Business Utilization Specialist, Office of Business Liaison, Border Protection, Office of Trade OSDBU has many tools available for Bureau of Citizenship and Immigration Relations, 1300 Pennsylvania Avenue small businesses. Through the Services. Telephone: (202) 305–2461. NW., Room 4.2A, Washington, DC establishment of the Information 20229. Telephone: (202) 927–1440. Fax: Technology (IT) training HUD has Bureau of Customs and Border provided a learning tool for small Protection (CBP) (202) 927–1696. E-mail: [email protected]. businesses to understand all aspects of The newly formed Bureau of Customs HUD’s IT opportunities. Introducing and Border Protection (CBP) has been Coast Guard this training program has enabled HUD working under the trade concept of The Coast Guard encourages small to form partnerships with small ‘‘informed compliance’’ since the entities to participate in the businesses and identify qualified passage of the Customs Modernization development of Coast Guard companies to seek IT opportunities Act (1993). This law mandated CBP to regulations. Our Web site offers help in within the agency. develop a proactive strategy to advise understanding and complying with HUD sponsors Marketing and importers of their responsibilities under those regulations. Use the following Outreach business fairs and focuses the law. To fulfill this mandate, CBP has links to access help in these areas: both on direct HUD contracting implemented several measures for • Small Entity Regulatory Assistance: opportunities and contracting providing guidance on laws governing http://www.uscg.mil/hq/g-m/regs/ opportunities created by HUD assisted international trade for all importers and sbrefa.html. projects including Community exporters, including small businesses. • Marine Safety, Security and Development Block Grant recipients and Small businesses can avail themselves Environmental Protection regulations: Public Housing authorities. HUD of this information using the following http://www.uscg.mil/hq/g-m/regs/ outreach sessions include HUD program means: CBP Web Site (downloadable); reghome.html. offices and prime contractors who offer local and national trade meetings/ • Boating Safety regulations: http:// sub-contracting opportunities to small, seminars; weekly publications of the www.uscgboating.org/. small disadvantaged and women-owned Customs Bulletin; binding rulings The Coast Guard proudly maintains businesses. HUD has attended program; other informed compliance the following policy: If you question or approximately 50 outreach conferences brochures and pamphlets; and direct lodge a complaint regarding a Coast including procurement fairs, trade contact with CBP personnel. Guard policy or action, to us or to shows, marketplace presentations There are over 300 ports of entry anyone else, or if you seek outside help throughout the country with a strong where we enforce numerous laws for in dealing with a Coast Guard policy or emphasis on the utilization of small CBP and other government agencies action, the Coast Guard will not retaliate businesses. while serving as America’s frontline for against you in any fashion. The Coast HUD’s contracting home page is border security. As the agency’s primary Guard wants you to be able to comment, linked to the OSDBU home page in responsibility, CBP has twin goals of question, or lodge a complaint about our HUD’s Web site. The contracting home improving security and facilitating policies or actions without fear that we page contains notices of HUD legitimate trade and travel, which are will retaliate or try to discourage future procurement opportunities and allows not mutually exclusive. In its role to questions or complaints. If you think the interested parties to download a file facilitate trade, CBP has always Coast Guard has broken this promise, containing solicitations. A special provided compliance assistance to the we will investigate, take appropriate OSDBU page contains Small Business

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tips, the Forecast of Contracting establishment of subcontracting policies • Small Business Resource Guide: Opportunities, a Small Business that have resulted in an increase in www.hud.gov:80/offices/osdbu/ Resource Guide and notification of contract dollars to small businesses. The resource/guide.cfm. outreach activities. HUD Procurement System (HPS) • Small Business Tips: www.hud.gov: HUD also has the HUD Procurement effectively tracks all contracting and 80/offices/osdbu/tips.cfm. System (HPS), an integrated commercial subcontracting dollars awarded to small • Forecast of Contracting and customized software program that businesses. HUD has established a Opportunities: www.hud.gov/offices/ automates procurement operations subcontracting goal of up to 40% of the cpo/4cast.cfm. department-wide. This system includes total value of each contract and Seminars and Classes: a rapid query of contracting information subsequent extensions, modifications • Outreach Calendar/Small Business that enables all companies to submit and options. Contractors that are unable Training: www.hud.gov/groups/ bids or proposals for upcoming to meet the established goal must smallbusiness.cfm. contracting opportunities and the provide the rational for the proposed Web based compliance: identification of HUBZones for level of subcontracting. In accordance • participation in contracting and sub- with the Federal Acquisition Regulation Brent Pick is HUD’s Webmaster and contracting opportunities. Additionally, (FAR) at Part 19.702 and HUD’s own updates all contract compliance issues it provides HUD with a system to Federal acquisition regulation (HUDAR) on the Web. (303) 672–5281 ext. 1821 _ monitor and evaluate its actual at 2452.219–70, solicitations exceeding Brent [email protected]. achievements in regard to participation $500,000 that include HUDAR provision Telephone Service: of small businesses in HUD activities. 2452.219–70, shall provide the • (202) 708–1428, Office of Small and HUD sponsors Marketing and maximum practicable subcontracting Disadvantaged Business Utilization Outreach business fairs and focuses opportunities to small, small HUD Headquarters, Room 3130. both on direct HUD contracting disadvantaged and women-owned Future Activities: opportunities and indirect contracting businesses. Prior to award, each contract opportunities created by HUD assisted • CD-Roms/Video. shall be evaluated on specific • Online/E-mail Service. projects including, Community subcontracting goals and commitments Development Block Grant recipients and to small businesses. These pioneering On-Site Evaluation/Assistance: • public housing authorities. During these subcontracting policies also include Office of Small and Disadvantaged events, program offices and prime subcontracting plans for General Business Utilization, A. Jo Baylor, contractors who offer sub-contracting Services Administration schedule buys. Director: HUD—Headquarters 451 7th opportunities to small, small There is a concentrated effort to conduct Street, SW., Room 3130, Washington, _ disadvantaged and women owned outreach with small businesses across DC 20410; E-mail: a.jo [email protected]. businesses are urged to attend. Last the nation. Housing and Urban Development year, HUD attended approximately 50 HUD OSDBU continuously performs Single Point of Contact: A. Jo Baylor, outreach conferences including at a level of professional excellence to Director, Office of Small and procurement fairs, trade shows and serve our customers. HUD consistently Disadvantaged Business Utilization, marketplace presentations throughout formulates and implements written HUD Headquarters 451 7th Street, SW., the country. The OSDBU Business policies supporting small businesses Room 3130, Washington, DC 20410. Utilization Development Specials and includes references to small Telephone: (202) 708–1428. E-mail: (BUDS), have regular one-on-one businesses in standard operating [email protected]. meetings with small businesses. The procedures. HUD has designated a Director holds ‘‘Thursday Open House’’ Interior sessions for all small, small senior executive as the Director of the Bureau of Land Management disadvantaged and Women Owned OSBDU who is responsible for Small Businesses (WOSBs). These implementing small business policy Submit Permits and Reports meetings give small businesses the initiatives. Furthermore, HUD maintains Electronically: https:// opportunity to meet personally with the an effective system to provide www.wispermits.org/. Director and the specialized BUDS acknowledgement of procurement How to File a Mining Claim: http:// advocate within the OSDBU. The personnel that utilize 8(a) small www.blm.gov/nhp/pubs/brochures/ aforementioned efforts are in addition to businesses. HUD places a high priority minerals/index.htm#Q3. the daily counseling and one-on-one on direct communications and outreach Minerals Management Service. meetings held with these businesses at efforts; we utilize newsletters, facilitate • ‘‘Dear Payor’’ Letters, Notices to the HUD headquarters and field offices. trade show and marketplace Lessees, Small Refiner Program: http:// The OSDBU has increased its staff to presentations and conduct business www.mrm.mms.gov/RIKweb/Small include a Contract Specialist, an assistance and training seminars. HUD Refiners.htm. Information Technology Specialist, a is one of the most innovative Electronic Payment Information: Small Business Policy Specialist and a governmental agencies and is constantly http://www.mrm.mms.gov/ Research Analyst. HUD has retrofitting its employment with the ReportingServices/PDFDocs/fedwire. implemented innovative projects and latest technologies to enhance service to pdf. tools utilizing the latest technologies small businesses. HUD constantly Regulations governing collecting, that have and will continue to have a employs proactive strategies to increase accounting for and distributing revenues positive effect on the participation of opportunities for these businesses to associated with mineral production WOSBs in departmental contracting serve as prime contractors and from leased Federal and Indian lands: activities. There are IT outreach sessions subcontractors. HUD has achieved http://www.mrm.mms.gov/Laws_R_D/ held regularly with IT small businesses phenomenal success in requiring prime FRNotices/FRHome.htm. to inform them of new procurement contractors to establish measurable Regulations governing leasing and opportunities at HUD. programs to increase subcontracting operations on the Federal offshore: New Methodologies that challenge opportunities. http://www.mms.gov/offshore/ conventional procedures include the Publications: Regulations.htm.

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Workshops to explain more complex veteran-owned businesses as contractors The ATF provides various regulations: Available at various and subcontractors. Our various bureaus publications to our industry members as locations around the country. spend approximately two billion dollars well as the general public. Some of the Training on how to report royalty a year in the private sector. Currently, publications available either on ATF revenue and related information: more than 42 percent of those dollars go Web site or in hard copy, include Available at various locations around to small businesses, with 10 to 15 manuals which provide ATF’s the country. percent going to minority-owned firms regulatory requirements in a plain and 3 to 5 percent going to woman- language format; informational Bureau of Reclamation owned companies. brochures to help raise awareness of Statute, regulations, Reclamation The OSDBU Director and the Deputy possible criminal activity (i.e., Reform Act (RRA) Fact Sheets, RRA Attorney General are committed to Reporting theft of Explosives and forms & instructions, and Status of encouraging and assisting well-qualified Firearms, Arson incidents); and Irrigation Districts List: http://www. and skillful small, minority, and industry newsletters for all businesses usbr.gov/rra/. woman-owned businesses seeking regulated by ATF. Publications, Explanations of the most common contracts with the Department of brochures and forms are produced in Reclamation Reform Act questions and Justice. The acquisition function in the quantities of 115,000 each for firearms issues in plain English: www.usbr.gov/ Justice Department has been assigned to and 12,000 for explosives, for rra and at the Reclamation District each of our bureaus’ contracting staffs, distribution to the licensees, permittees, offices in all irrigation districts. most of which are located in the and to trade and research organizations Fish and Wildlife Service metropolitan Washington, DC area. We and the press. have prepared several avenues to assist ATF hosts/participates in national, General Compliance Guidance: small and disadvantaged businesses in international, as well as regional/local http://pdm.fws.gov/sba/sbindex.html. getting better acquainted with the conferences and meetings. In addition, Compliance Guidance for Wildlife requirements and procurement practices ATF personnel are often invited by Import and Export License Holders: of the bureaus. associations to attend their national http://www.le.fws.gov/ Information on DOJ’s initiatives and conferences to give presentations on PublicBulletin.htm. activities is available on the DOJ Small topics of interest to association Non-Retaliation Policy: http:// Business Web site: http:// members, and/or set up an exhibit policy.fws.gov/do142.html. www.usdoj.gov/jmd/osdbu. This site booth. The ATF exhibit booth provides Outreach Presentations for the links to the Small Business home page, yet another venue through which Import/Export Community: http:// which provides extensive small industry members that attend these www.le.fws.gov/inspectors.htm. business assistance information meetings, may ask questions or concerns Courses on Conservation, including registration for the monthly regarding ATF policy or regulations. Grantwriting, Conservation vendors outreach sessions which ATF personnel have also been asked Partnerships, Developing and Working provides the opportunity for one-on-one by industry associations as well as with Friends Groups, and Other Topics: meetings with small business specialist regulatory associations/agencies to http://training.fws.gov/. and contracting officers. participate on various panels. Recent Assistance for Importers and topics on which the ATF has provided Exporters, Taxidermists, Guides and Seminars/Conferences/Outreach Sessions: http://www.usdoj.gov/jmd/ our expertise include but are not limited Outfitters: http://www.le.fws.gov/ to, Safe Explosives Act, Shot Show inspectors.htm. osdbu/index.html. OSDBU Contact: Ramona Johnson- University, Annual Importers FWS Publications Online: http:// Conference. library.fws.gov/pubs3.html. Glover, Acting Director, OSDBU, 1331 Penn Ave. NW., National Place Bld., There are a number of application Office of Surface Mining Suite 1010, Washington, DC 20530. forms and reports required by ATF, some of which are now available on Applicant Violator System: http:// Telephone: (202) 616–0521 or 1–800– 345–3712. Fax: (202) 616–1717. E-Mail: ATF’s Web site www.atf.gov. www.avs.osmre.gov/. ATF Contact: Mary Jo Hughes, Chief, [email protected]. Small Operator Assistance Program: FEA Services Division, Office of http://www.osm.gov/soap.htm. Bureau of Alcohol, Tobacco, Firearms Firearms, Explosives and Arson, Bureau Copies of OSM Forms: http:// and Explosives (ATF) of Alcohol, Tobacco, Firearms and www.osm.gov/forms.htm. Publications of benefit or interest to Explosives, 650 Massachusetts Avenue, Policies and Guidance: http:// NW., Washington, DC 20226. www.osm.gov/policy.htm. ATF industry members and the general public (i.e., firearms and explosives Telephone: (202) 927–8045. Fax: (202) Department of the Interior Single 927–7488. Point of Contact: John Strylowski, U.S. regulations, newsletters, rulings, press Department of the Interior, MS 7229 releases, statistics and State & local Civil Rights Division (CRT) MIB, Washington, DC 20240. training courses, Federal law and CRT—Disability Rights Section (DRS). Telephone: (202) 208–3071. Fax: (202) regulations, State laws and published Information: 219–2100. E-Mail: ordinances, and Federal Register • Home Page: www.usdoj.gov/crt/ [email protected]. notices.) ada/adahom1.htm. • Theft/losses of explosives materials: • Business Page: Justice 1–888–ATF–2662. http://www.usdoj.gov/crt/ada/ Office of Small and Disadvantaged • Toll free for reports of gun related business.htm. Business Utilization (OSDBU). The crimes and after hours theft/losses: 1– The home page provides information Office of Small and Disadvantaged 800–ATF–GUNS. about the toll-free ADA Information Business Utilization (OSDBU) strives to • Toll free for theft/losses of firearms: Line, the Department’s ADA improve and increase the Department’s 1–800–800–3855. enforcement activities, the ADA performance in utilizing small, small • ATF Firearms and Explosives technical assistance program, disadvantage, small woman-owned and Compliance Web Site: www.atf.gov. certification of State and local building

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codes, proposed changes in ADA millions of businesses. Requests for early interventions minimize the impact regulations and requirements, and the speakers and training should be placed of statutory enforcement on small ADA mediation program. The home through the ADA Information Line: businesses. Voice: 1–800–255–7688 or page also provides direct access to ADA 800–514–0301 (voice); 800–514–0383 (202) 616–5525; TDD: 1–800–237–2515. regulations and technical assistance (TTY). During 2003, the Department The OSC processed over 18,580 calls to materials, Freedom of Information Act fulfilled 60 training, speaking, and its employer and employee hotlines in materials, links to the Department’s exhibit engagements. FY 2003. press releases, and links to the other ADA Mediation Program. The OSC Training Materials. OSC also Federal agencies’ Internet home pages Department’s ADA Mediation Program provides employers, where necessary, that contain ADA information. ADA. facilitates compliance by entities, with training materials for their staff, The Web site received over one million including small businesses, using a including booklets, posters and visitors during FY 2003. voluntary alternative dispute resolution educational videotapes, on how to ADA Guide for Small Business: http:/ approach. Carried out through a ensure that they do not engage in /www.usdoj.gov/crt/ada/smbusgd.pdf. partnership between the Federal discriminatory behavior. The employer ADA Information Line. DRS operates government and the private sector, more hotline number is distributed with all of a toll-free ADA Information Line to than 450 professional mediators are OSC’s outreach materials for employers. provide information to the public about available nationwide to mediate ADA Voice: 1–800–255–8155; TDD: 1–800– the requirements of the ADA and to cases. In FY 2003, 188 complaints with 362–2735; E-mail Address: distribute technical assistance businesses were resolved successfully [email protected] Download Brochures publications to the public. Automated through the ADA Mediation Program. and Booklets: http://www.usdoj.gov/crt/ service is available 24 hours a day, To date in FY 2004, the Department has osc/htm/outreach.htm Based on FY seven days a week. During business referred an additional 144 cases to the 2003 levels, the OSC expects to hours, members of the public can mediation program. disseminate over 100,000 copies of its consult with Department staff for CRT—Office of Special Counsel for brochures and booklets free of charge assistance in applying ADA Unfair Immigration Related during FY 2004. requirements to their own specific Employment Practices (OSC). OSC’s Compliance Assistance Education. situation. The ADA Information Line Internet site has helpful information OSC takes part in numerous employer numbers are (800) 514–0301 (voice); specifically designed for businesses as training sessions throughout the (800) 514–0383 (TTY). During FY 2003, well as workers. The site describes the country, providing employers guidance the Information Line received 120,000 legal obligations of employers to comply on how they can comply with the calls. with the anti-discrimination provision antidiscrimination provisions of the ADA Fax on Demand. The ADA of the Immigration and Nationality Act immigration laws. OSC attorneys also Information Line Fax Delivery Service (INA) and provides other information to conduct outreach seminars across the allows the public to obtain free ADA assist compliance (such as brochures, country that are organized by OSC information by fax 24 hours a day, seven booklets, frequently asked questions, grantees and specifically designed to days a week. By calling the ADA and legal references). In FY 2003, the address issues of concern to employers. Information Line, callers can select from OSC Web site had more than 386,000 OSC routinely provides compliance among 32 different ADA technical new and recurring page visitors. The assistance training and other guidance assistance publications and receive the site is at http://www.usdoj.gov/crt/osc. to employers that OSC determined information, usually within minutes, In April, OSC published a newsletter, committed unlawful discrimination to directly on their fax machines or ‘‘OSC Update,’’ which provides an ensure that such violations do not recur. computer fax/modems. ADA update of OSC’s outreach and Voice: 1–800–255–8155; TDD: 1–800– Information Line: 800–514–0301 (voice); enforcement activities, and highlights 362–2735; E-mail Address: 800–514–0383 (TTY). OSC’s informal resolution program. [email protected]. In FY 2003, OSC ADA publications. DRS produces a OSC Employer Hotline. OSC has a officials conducted 83 such range of technical assistance documents, national toll-free telephone line solely presentations. including an ADA Guide for Small for the use of employers who wish to OSC Grants. In addition to the direct Businesses that has been published consult with OSC staff members about outreach activities of its own staff, OSC jointly with the Small Business their compliance concerns. The provides grants to employer associations Administration. ADA. During FY 2003, telephone line is staffed by OSC (such as chambers of commerce) and the Department developed 41 new attorneys and Equal Opportunity other entities to allow those technical assistance materials, including Specialists who promptly address organizations to conduct further five publications on specific topics of employers’ questions, providing compliance assistance among their interest to businesses that can be immediate guidance. OSC staff often members and constituents. In FY 2003, printed and distributed directly from advise employers on how to avoid OSC’s grantees presented information the Web addressing the issues of service discrimination in the workplace, about INA compliance at hundreds of animals, restriping parking lots, minimizing any future liability. Voice: events that were attended by thousands refueling assistance at gas pumps, 1–800–255–8155; TDD: 1–800–362– of employers and workers and communicating with people who are 2735. distributed thousands of copies of OSC’s deaf or hard of hearing in hospital OSC Job Applicant or Employee brochures and booklets. There are 11 settings, and communicating with Hotline. Based on information received OSC grantees operating across the people who are deaf or hard of hearing from individuals calling this line, and country in FY 2004. Grants totaled in hotels, motels, and other places of OSC’s prompt investigation of these almost $675,000. Press Statement: transient lodging. cases, OSC often is able to bring early, http://www.usdoj.gov/crt/osc/press/ ADA training. DRS provides ADA efficient, cost-effective resolutions to 30814grantees.pdf. training at meetings nationwide; and employment disputes that might OSC Assistance to SBA’s Small conducts outreach to broad and targeted otherwise result in the filing of charges, Business Development Centers. To audiences that have included mayors, the accumulation of potential back pay improve its outreach and service to the local Chambers of Commerce, and awards, or litigation expenses. These small business community, OSC

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contacted the SBA’s Office of Small include registrant manuals which Control Program personnel located at Business Development Centers (OSBDC) provide DEA’s regulatory requirements DEA Headquarters and local field offices and the Association of Small Business in a plain language format; the SBREFA may be viewed at the following Web Development Centers (ASBDC) and Advisory Notice; informational address: http:// offered to provide training and brochures to help raise awareness of www.deadiversion.usdoj.gov/ information materials, assistance with possible criminal activity (i.e., a offices_n_dirs/index.html. training events, and technical guidance Pharmacist’s Guide to Prescription Summary of DOJ Contact Information to the SBDC networks across the county. Fraud, Recognizing the Drug Abuser, There are more than 1,000 SBDC centers Drug Addiction in Healthcare DRS address and phone number: and subcenters that provide low-cost Professionals, and Stimulant Abuse by Disability Rights Section, Civil Rights counseling and training to small School Age Children); industry Division, and P.O. Box 66738, businesses. The SBDCs are generally newsletters; press releases; and program Washington, DC 20035–6738. receptive to providing INA compliance reports. www.DEAdiversion.usdoj.gov/ Telephone: (202) 307–0663. Fax: (202) information to their small business pubs/index.html. 307–1198. clients, and OSC expects to cultivate For those small businesses that do not ADA Information Line. 800–514–0301 this partnership in 2004 and future have access to the Internet, the DEA (voice). 800–514–0383 (TTY) years. OSC will soon roll out a small provides contact telephone numbers for Drug Enforcement Administration business resource page on its Web site. Diversion Headquarters and field Contact (for regulatory and enforcement OSC address and phone numbers: personnel as well as the SBA matters: Patricia Good, Chief, Liaison Office of Special Counsel for Ombudsman in the back of hard bound and Policy Section, Office of Diversion Immigration Related Unfair copies of the registrant manuals. Control, Drug Enforcement Employment Practices, Civil Rights Requests for information or reports Administration, Washington, DC 20537. Division Department of Justice, Post should be mailed to: Drug Enforcement Telephone: (202) 307–7297. Fax: (202) Office Box 27728, Washington, DC Administration, Office of Diversion 307–8570. 20038–7728. Telephone: 202–616–5594. Control, Washington, DC 20537 Justice Department contacts for OSC Employer Hotline: Voice: 1–800– Small Business Regulatory Fairness Department-wide matters (such as the 255–8155. TDD: 1–800–362–2735. Advisory: www.DEAdiversion.usdoj. Ombudsman’s Reports to Congress) and Civil Rights Division, General Point of gov/pubs/fair_adviz.htm. This notice other issues of general agency concern: Contact: David K. Flynn, Chief, advises DEA registrants to contact DEA Kevin R. Jones, Deputy Assistant Appellate Section, P.O. Box 66078, Field Offices if they have any questions Attorney General, Office of Legal Policy, Washington, DC 20035–6078. regarding DEA’s regulations and Department of Justice, Main Building, Telephone: 202–514–2195. Fax: 202– policies. If they are a small business, Room 7238, 950 Pennsylvania Avenue, 524–8490. Please note that Mr. Flynn is they may contact the SBA’s Office of the NW., Washington, DC 20530. not assigned either to the Disability Ombudsman to comment on DEA’s Telephone: (202) 514–4604. Fax: (202) Rights Section (DRS) or to the Office of enforcement actions. This Advisory is 514–9112. E-mail: Special Counsel (OSC). General small also included in all revised and new [email protected]. business inquiries for information or for manuals. Robert Hinchman, Senior Counsel, assistance concerning compliance with Office of Legal Policy, Department of matters within the areas of Seminars/Classes: Justice, Main Building, Room 7236, 950 responsibility of DRS or OSC should be • Chemical training for importers/ Pennsylvania Avenue, NW., directed to the addresses and phone exporters: www.DEAdiversion.usdoj. Washington, DC 20530. Telephone: numbers in the respective sections. gov/mtgs/dea_mtgs.html. • Pharmaceutical Training Seminars (202) 514–8059. Fax: (202) 514–9112. E- Drug Enforcement Administration for importers/exporters and mail: [email protected]. DEA’s Office of Diversion Control manufacturers: www.DEAdiversion. Justice Department contact for general (OD) is the internal office that has usdoj.gov/mtgs/dea_mtgs.html, www. public affairs inquiries: Mark Corallo, oversight over and works with small DEAdiversion.usdoj.gov/quotas/index. Director, Office of Public Affairs, Main businesses. As such, OD and Diversion html. Building, Room 1248, 950 Pennsylvania Avenue, NW., Washington, DC 20530. field personnel continuously review Web-Based Compliance: Telephone: (202) 514–2007. Fax: (202) ways in which the DEA can ensure • A wide variety of online forms: small businesses have access to SBREFA 513–5331. E-mail: http://www.DEAdiversion.usdoj.gov/ [email protected]. material as well as improve upon online_forms.htm. current outreach initiatives. Justice Department contact for small OD Web Site. The Office of Diversion Onsite Evaluation/ Assistance: and disadvantaged business utilization: Control’s Web site (http://www. • List of local field offices: Ramona Johnson-Glover, Acting DEAdiversion.usdoj.gov) contains www.DEAdiversion.usdoj.gov/ Director, OSDBU, 1331 Penn Ave. NW., information specifically relating to offices_n_dirs/index.html. National Place Bld., Suite 1010, DEA’s Diversion Program. Between Meetings/Conferences. DEA hosts Washington, DC 20530. Telephone: January 1 and October 31, 2003, DEA’s national as well as regional/local (202) 616–0521. Fax: (202) 616–1717. E- entire Diversion Control Program Web conferences and meetings. In addition, mail: site was visited 1,047,968 (an average of Diversion personnel are often invited by [email protected]. 4,463 visits per day). Below are some of associations to attend their national Justice Department single point of the Web pages that were visited and the conferences to give presentations on contact. Brenda Dyer, Policy and number of times they were viewed topics of interest to association Planning Staff, Justice Management Publications. DEA provides various members, and/or set up an exhibit Division, Patrick Henry Building, Room publications to its registrant population booth. www.DEAdiversion.usdoj.gov/ 1600, Washington, DC 20530. as well as the general public. Some of mtgs/dea_mtgs.html. Telephone (202) 616–1167. Fax: (202) the publications available either on Toll Free Telephone Numbers. 514–1590. E-mail: Diversion’s Web site or in a hard copy, Contact information for Diversion [email protected].

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Labor regulations in plain language, targets Office of Federal Contract Compliance The U.S. Department of Labor (DOL) employers needing introductory Programs (OFCCP) administers three recognizes its obligation to respond to information to develop wage, benefit, equal employment opportunity the ever-increasing complexities of safety and health, and programs that apply to Federal employment laws and the difficulties nondiscrimination policies for their contractors and subcontractors: businesses face in understanding them. businesses. It is available for free in Executive Order 11246, as amended; Secretary of Labor Elaine L. Chao print and online, in both English and Section 503 of the Rehabilitation Act of launched the Compliance Assistance Spanish. A complimentary copy can be 1973, as amended; and the Vietnam Era Initiative to help America’s employers obtained by calling 1–866–4–USA–DOL Veterans’ Readjustment Assistance Act and employees better understand how or by visiting www.dol.gov/asp/ of 1974, as amended, 38 U.S.C. 4212. to comply with the federal employment programs/guide.htm. These laws prohibit Federal contractors E-Mail Response Service. DOL’s laws and regulations it administers. and subcontractors from discriminating coordinated e-mail response service DOL believes compliance assistance is in employment decisions on the basis of allows employers and employees to ask the most effective way to protect the race, color, religion, sex, national origin, questions about employment and wages, health benefits, retirement disability, or protected veteran status. regulatory issues electronically. By security, safety, and health of America’s These laws also require Federal choosing from a list of topics or internal workforce by preventing employment contractors and subcontractors to take DOL agencies under the ‘‘Contact Us’’ law violations. affirmative action to ensure equal section of the DOL Web site DOL has developed the following employment opportunity. OFCCP also (www.dol.gov), users are ensured that tools and resources to ensure that shares responsibility with the U.S. their question will go to the appropriate employers and workers have access to Equal Employment Opportunity office and that they will receive an clear and accurate information and Commission (EEOC) in enforcing Title I answer in a timely manner. assistance—when and where they need of the Americans with Disabilities Act. Compliance Assistance Information OFCCP delivers compliance it, and in the format that suits them best. Inventory. More than 300 publications Department of Labor Web Site. The assistance through its Web site, are included in this comprehensive list most widely used compliance assistance interactive elaws Advisors, e-mail, toll- of DOL compliance assistance resources. tool is the DOL Web site, which features free telephone service, workshops and This database of publications can be centralized compliance assistance seminars. accessed from www.dol.gov/compliance. • OFCCP on the Web: www.dol.gov/ information at www.dol.gov/ (To be available in May, 2004.) esa/ofccp. compliance. The public can use this site SBREFA Toll-Free Help Line. Under • OFCCP Contact Information: http:// to access a wide range of information the Small Business Regulatory www.dol.gov/esa/contacts/ofccp/ and resources about DOL’s rules and Enforcement Fairness Act of 1996, small ofcpkeyp.htm. regulations any time, day or night. businesses may contact DOL’s Office of • Telephone Number: 1–202–693– These Web pages are gateways to DOL Small Business Programs (OSBP) 0101. agencies’ compliance assistance directly with their inquiries or Retirement and Health Benefits. The information. complaints about regulatory fairness by Employee Benefits Security elaws Advisors. The elaws Advisors calling 1–888–9–SBREFA (1–888–972– Administration (EBSA) assists (Employment Laws Assistance for 7332). employers and employee benefit plan Workers and Small Businesses) are Wage and Hour Issues. The practitioners in understanding and interactive e-tools that provide Employment Standards Administration, complying with the requirements of the information on DOL’s Federal Wage & Hour Division (WHD) enforces Employee Retirement Income Security employment laws. Available at the minimum wage, overtime, and child Act (ERISA) as it applies to www.dol.gov/elaws, each elaws Advisor labor provisions of the Fair Labor administering retirement and health mimics the interaction an individual Standards Act (FLSA), the Family and benefit plans. EBSA promotes voluntary would have with a DOL employment Medical Leave Act (FMLA), the Migrant compliance through its Voluntary law expert by generating answers based and Seasonal Agricultural Worker Fiduciary Correction Program and on the user’s responses to a set of Protection Act (MSPA), employment Delinquent Filer Voluntary Compliance questions. The FirstStep Employment standards and worker protections Program and through strategic alliances Law Advisor—one of the newest elaws provided in several non-immigrant with professional organizations and Advisors—helps employers simply and worker programs of the Immigration and federal, state and local governments. quickly determine which of DOL’s Nationality Act, and the prevailing wage EBSA provides compliance assistance major employment laws apply to their requirements of the Davis-Bacon Act through its Web site, publications, business or organization and provides (DBA), the Service Contract Act (SCA) interactive elaws Advisors, toll-free easy-to-access information about how to and related statutes. telephone service as well as responding comply with each law’s requirements. WHD delivers compliance assistance to electronic inquiries, sponsoring Toll-Free Help Line. The DOL toll-free through its Web site, interactive elaws seminars, and actively conducting help line is 1–866–4–USA–DOL (1–866– Advisors (FLSA, FMLA), toll-free phone outreach nationwide. 487–2365); (TTY: 1–877–889–5627). service, e-mail, printed materials, • EBSA on the Web: http:// DOL’s Toll-Free Help Line provides workshops and presentations. www.dol.gov/ebsa/. timely and accurate responses to • WHD on the Web: • EBSA Contact Information for customer inquiries, and fulfills print www.wagehour.dol.gov. Electronic Inquiries: and publication requests. The Help Line • WHD Contact Information: www.askebsa.dol.gov. offers live operator assistance in English www.dol.gov/esa/contacts/whd/ • Telephone Number: 1–866–444– and Spanish, with additional service in america2.htm. 3272. more than 140 languages. • Telephone Number: 1–866– Employment Law Guide. The 4USWAGE (1–866–487–9243). Occupational Safety and Health Employment Law Guide, which Federal Contract Compliance. The The Occupational Safety and Health describes DOL’s major statutes and Employment Standards Administration, Administration (OSHA) works to save

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lives, prevent injuries and protect the • MSHA Contact Information: reports. It features a powerful data health and safety of America’s workers. www.msha.gov/contactmsha/ search system that can produce lists Nearly every worker in the U.S. comes contactmsha.htm. tailored to users’ needs. OLMS recently under OSHA’s jurisdiction as defined by • Telephone Number: 1–202–693– expanded the site to let users view and the Occupational Safety and Health Act 9400. print reports by employers and labor of 1970 (exceptions include miners, Veterans’ Employment and Training relations consultants. transportation workers, many public • OLMS on the Web: employees, and the self-employed). The Veterans’ Employment and www.olms.dol.gov. Training Service (VETS) helps veterans, • OSHA delivers compliance assistance OLMS Contact Information: Reservists and National Guard members through its Web site, printed www.dol.gov/esa/contacts/olms/ effectively prepare for and secure compliance guides, toll-free telephone lmskeyp.htm. employment, and protects their • service, e-mail, and online electronic Telephone: 1–202–693–0123 (union employment rights. VETS provides assistance tools such as eTools and member rights); 1–202–693–0126 employment services and training Safety and Health Topics pages. Free (transit employee protections). assistance to eligible veterans, including Department of Labor Single Point of workplace consultations are available in homeless veterans, through grants to Contact: Under the Small Business every state to small businesses that need States, local governments and non-profit Paperwork Relief Act of 2002, the assistance in establishing safety and organizations. VETS also administers Department of Labor has established a health programs and identifying and the Uniformed Services Employment single point of contact in the agency to correcting workplace hazards. A and Reemployment Rights Act act as a liaison between the agency and network of OSHA Compliance (USERRA) and provides information small business concerns: Barbara Assistance Specialists in local offices about veterans’ rights under the Bingham, Director, Office of Compliance provides tailored information and Veterans Employment Opportunities Assistance Policy, Office of the training to employers and employees. Act (VEOA) and the Federal Contractor Assistant Secretary for Policy, U.S. OSHA has a number of cooperative Program, which requires Federal Department of Labor, 200 Constitution programs that help recognize and build contractors and subcontractors to take Avenue, NW., Rm. S2312, Washington, on successful practices in occupational affirmative action to hire and promote DC 20210. Telephone: (202) 693–5080. safety and health, including the qualified veterans including special Alliance Program, Safety and Health State disabled veterans. Achievement Recognition Program VETS delivers compliance assistance • Compliance Assistance Resources: (SHARP), Strategic Partnership Program, through its Web site, printed materials, www.state.gov/m/a/sdbu. and Voluntary Protection Programs e-mail, and interactive online elaws • Compliance assistance: http:// (VPP). Advisors. www.state.gov/m/a/sdbu/c9124.htm. • OSHA on the Web: www.osha.gov. • VETS on the Web: www.dol.gov/ The Office of Small and • Telephone: 1–800–321–OSHA (1– vets. Disadvantaged Business Utilization 800–321–6742). • VETS Contact Information: (OSDBU) Web page links to a number of • www.dol.gov/vets/aboutvets/contacts/ Federal agencies: www.osdbu.gov. OSHA Contact Information: • www.osha.gov/html/oshdir.html. main.htm. Publications: A Guide to Doing • Telephone Number: 1–202–693– Business with State Department. Mine Safety and Health 4700. Forecast of Contract Opportunities and others are available electronically on the The Mine Safety and Health Labor-Management Standards Web page. Administration (MSHA) works to The Employment Standards • Workshops: State/OSDBU presents protect the health and safety of workers Administration, Office of Labor- a number of workshops throughout the in America’s mines by working Management Standards (OLMS) year as part of its outreach efforts. These cooperatively with industry, labor, and administers and enforces most of the workshops include ‘‘in reach’’ to our other federal and state agencies. Labor-Management Reporting and State Department customers and cover MSHA’s responsibilities are outlined in Disclosure Act (LMRDA) of 1959. OLMS topics related to the Small Business the Federal Mine Safety and Health Act also administers provisions of the Civil Program. State/OSDBU staff members of 1977, commonly called the Mine Act, Service Reform Act of 1978 and the are often invited to participate on which applies to all mining and mineral Foreign Service Act of 1980 relating to workshops or panels hosted by small processing operations in the U.S. standards of conduct for Federal business trade associations, Chambers of regardless of size, number of employees employee unions. OLMS also Commerce or other groups representing or method of extraction. administers employee protection the interests of small business. MSHA delivers compliance assistance provisions in the Federal mass transit • Training Sessions: We sponsor to mine operators and workers through law. OLMS now administers Executive training sessions for State Department its Web site and by direct contact of Order 13201 in conjunction with the employees. Examples: Small Business agency enforcement, technical support, Office of Federal Contract Compliance Program training module at Foreign and education and training field Programs. EO 13201 requires Federal Service Institute’s GSO Course. personnel. MSHA established its Small contractors to post notices informing Participation in regional GSO Mine Office to address the safety and their employees of certain rights related Conferences hosted by State’s Office of health needs of small mines specifically to union membership and payment of Logistics Management. (e.g., New Delhi, and to enable small mines to comply union dues or fees. India and Gaborone, Botswana in 2002). with safety and health laws as readily as OLMS delivers compliance assistance Also participate in State Department medium-or large-sized mines. The Small through its Web site, publications, e- events designed for private industry Mine Office focuses exclusively on mail, workshops and other group such as Bureau of Overseas Buildings compliance assistance and conducts no presentations. An OLMS Web site— Operation’s Industry Day. State hosts an enforcement activities. www.union-reports.dol.gov—lets users annual Prime Contractor training • MSHA on the Web: www.msha.gov. view and print union annual financial session. The morning is a refresher for

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large primes on regulations and www.dot.gov/ost/dapc/ Federal Railroad Administration _ reporting requirements governing prog guidance.html. Web-based Compliance: subcontracting. The afternoon session is Online purchases and payments: www.fra.dot.gov. for networking between large primes www.Diy.dot.gov. Telephone Service: (202) 493–6395 and ‘‘hot prospect’’ small businesses. Publications: The Transportation Link (Office of Policy & Program • Small Business Fairs: State/OSDBU Newsletter; Marketing Information Development). hosts an annual Small Business Fair, Package, Fax on Demand Catalog. Federal Transit Administration which features ‘‘common usage’’ items Telephone 1–800–532–1169. http:// typically purchased using the osdbuweb.dot.gov. Web-based Compliance: government credit card or GSA www.fta.dot.gov. schedule. In November 2002, we hosted Federal Highway Administration Telephone Service: 1–800–527–8279 a Veteran-owned Small Business Web-based Compliance: (National Transit Resource Center). Conference. We are also co-hosts of www.fhwa.dot.gov. Publications: www.fta.dot.gov/library. quarterly Information Technology Publications: Citizens Guide to Federal Motor Carrier Safety Expositions, for which the Bureau of Transportation Decisionmaking; Administration Information Resource Management takes National Dialogue on Operations; An the lead. We co-sponsor with other Web-based Compliance: Overview of Transportation and www.fmcsa.dot.gov and www.1–888-dot- Federal OSDBUs an annual conference Environmental Justice; Transportation each April, at Show Place Arena in saft.com. Conformity, A Basic Guide for State and Telephone Service: 1–800–832–5660 Upper Marlboro, Maryland. This year’s Local Officials, Revised 2000; A Guide (Information Line), 1–800–368–7328 event, held on April 23rd, attracted over to Metropolitan Planning Under ISTEA, (Consumer complaint hotline), (202) 1500 participants from all over the How the Pieces Fit Together; Federal 366–9805 (Licensing Information), (202) country. State/OSDBU also supports Size Regulations for Commercial Motor 385–2423 (Insurance Information). Small Business Fairs hosted by other Vehicles; and Bridge Formula Weights Federal agencies, by small business (all the above are available at the Web National Highway Traffic Safety trade associations, or by members of site). Administration Congress. During FY 2002 to date, we Web-based compliance: have participated in over 30 such Federal Aviation Administration www.nhtsa.dot.gov. events. Web-based Compliance: www.faa.gov/ Telephone Service: 1–800–DASH–2– State Department Single Point of avr/arm/sbrefa.htm. DOT (1–800–327–4236). Contact: Gregory K.O. Davis, Telephone: E-mail Service: 9-AWA- Publications: http:// (202) 312–9607. Regulatory Coordinator [email protected]. www.nhtsa.dot.gov/people/outreach/ Fax: (202) 312–9603. A/RPS/DIR, 1800 media/catalog/Index.cfm (Online Telephone Service: 1–888–551–1594 G Street, NW., Suite 2400, SA–22, publications library). or 1–800–255–1111 (Safety Hotline). Washington, DC 20522–2201. Internet: Maritime Administration http://www.state.gov/m/a/dir/ and On-site Assistance: Charlene Brown, http://foia.state.gov/famdir/fam/ 800 Independence Ave., SW., Room Web-based Compliance: fam.asp. 808, Washington, DC 20591. www.marad.dot.gov. Bureau of Transportation Statistics Telephone Service: (202) 366–4610 Transportation (Cargo Preference Program), (202) 366– Web-based Compliance: Office of Web-based Compliance: www.bts.gov/ 8888 (Intermodal Development), (202) Small & Disadvantaged Business mcs/desc.html; http:// 366–8887 (Environmental Activities), Utilization, http://osdbuweb.dot.gov. www.fmcsa.dot.gov/factsfigs/ (202) 366–1931 (Maritech Program), Drug and Alcohol Policy and dashome.htm (See Table of Contents (202) 366–5744 (Maritime Loan Compliance: www.dot.gov/ost/dapc. Financial and Operating Statistics); and Guarantee), (202) 366–1931 (National Telephone: Small Business Customer http://www.bts.gov/oai/sources (Office Maritime Resource and Education Service Center, 1–800–532–1169. of Airline Information). Center), (202) 366–4610 (Ocean Freight Office of Drug Enforcement and E-mail Service: [email protected]. Differential), (202) 366–2324 (Operating Program Compliance (DEPC): 1–800– Telephone Service: 1–800–853–1351 Differential Subsidy), (202) 366–2625 225–3784 (fax on demand service). (General Information), and 1–202–366– (Ship Operation Cooperative Program), (202) 366–2400 (War Risk Insurance Seminars/Classes: Transportation 4888 (public data from air carrier Program), and (202) 366–5821 (Vessel Marketplace Conferences, http:// reports). Publications: Worksheet for Transfer Program). osdbuweb.dot.gov. Publications: www.marad.dot.gov/ Calculating Carrier Classification (Motor Breath Alcohol Technician Training publications (online library). and Screening, Test Technician Carriers of Passengers); Worksheet for Training Manuals: Transportation Safety Calculating Carrier Classification (Motor Research and Special Programs Institute, Telephone (405) 949–0036, Carriers of Property); Information Sheet Administration x323. Marti Bludworth, DTI–100, 4400 for Form QFR and many others available Web-based Compliance: Will Rogers Parkway, Suite 205, through the Web site. www.rspa.dot.gov; http:// Oklahoma City, OK 73108. On-site Assistance: Bureau of hazmat.dot.gov; and http://ops.dot.gov. Online/e-mail Service News by E- Transportation Statistics, 400 7th Street, Telephone Service: (202) 366–4595 mail: http://osdbuweb.dot.gov. SW., Room 3103, Washington, DC, (Office of Pipeline Safety), 1–800–HMR– Central Docket Management System: L’Enfant Plaza Metrorail Station (7th 4922 or (202) 366–4488 (Hazardous http://dms.dot.gov. and D Street exit). Materials Information Center), (202) Office of Aviation Analysis: http:// Reports Reference Facility (public 366–4900 (Office of Hazardous ostpxweb.dot.gov/aviation/index.html. data from air carrier reports): 400 7th Materials Initiatives and Training), (202) Drug and Alcohol Policy and Street, SW., Room 4201, Washington, 366–4484 (Hazardous Materials Incident Compliance Program Guidance Material: DC. Reports).

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Fax Service: 1–800–467–4922 after our Monthly Vendor Outreach employed and 7 million corporations (Hazardous Materials fax on demand) Session). and partnerships with assets of $10 and 202–366–4566 (Office of Pipeline • In Treasury’s capacity as Chair of million or less. While many face the Safety fax). the OSDBU Directors Interagency same tax issues as large corporations, E-mail Service: [email protected], Council outreach committee, we have they often do not have tax professionals [email protected], taken the lead on the government-wide on staff. Tax compliance issues often [email protected], Annual OSDBU Directors Procurement stem from a lack of understanding of tax [email protected], Conference held in April of each year. law requirements, inadequate [email protected]. This event is also posted on our Web accounting practices and resources and Seminars/Classes: Transportation site. cash flow problems. Safety Institute (Compliance Inspection • We have also focused our efforts in The approximately 33 million self- Comprehensive Operator Qualification, targeted outreach on a nationwide basis, employed and supplemental income OPS); Risk Management Conference/ such as trade fair participation, seminar earners are similar to wage and Public Meeting Proceedings (Hazmat presentations, panel program investment taxpayers, but their tax and OPS) www.tsi.dot.gov. discussions on specific topics, and one- issues are often more complex. They Publications: Pipeline Risk on-one counseling. have substantially higher incomes and Management Newsletter, Oil Pollution • The OSBD has built a solid file twice the number of forms and Act Newsletter, and Hazmat Safety relationship with a variety of small schedules, requiring more time to Alerts. business trade associations. On April prepare taxes, a greater reliance on paid Department of Transportation Single 12, 2000, Treasury entered into an tax preparers and more IRS expertise. Point of Contact: Steven B. Lott, historic Memorandum of Understanding i. Headquarters Manager, Strategic Integration, IT with 17 small, minority, and women- Taxpayer Education and Program Management, U.S. Department owned small business trade associations Communication’s (TEC) mission is to of Transportation, 400 Seventh Street, to increase the ability of small minority support and accomplish the goals of the SW., Washington, DC 20590. Telephone: and women-owned small businesses to Strategic Plan. We increase filing, (202) 366–1314. Fax: (202) 366–7373. compete for Treasury procurements in reporting, and paying compliance by http://cio.ost.dot.gov/contact/ industries reflecting under- providing small business and self- index.html. representation while maintaining employed individuals with top quality participation in industries with pre-filing services. TEC’s activities align Treasury successful utilization. with compliance goals and approaches Office of Small Business • A list of the Top 25 Treasury set by other parts of the organization. Development. Our Office of Small purchases is published, listed by The field and headquarters staffs support compliance-focused pre-filing Business Development (http:// industry classification over a five year activities through direct dealings with www.treas.gov/sba) has a robust small period to provide an opportunity for small businesses and self-employed business program to ensure both small ‘‘targeted outreach’’. individuals and through third party business prime and subcontracting • Treasury implemented a mentor- relationships with key internal and opportunities. The following examples, prote´ge´ pilot program. We are the only external stakeholders. TEC works to initiatives, and partnerships agency in which prote´ge´s may be small develop and maintain partnerships with demonstrate Treasury’s commitment: businesses of all types—SB, SDB, WOSB, HUBZSB, SDVOSB, and VOSB. key stakeholders. The relationships are Outreach Efforts: leveraged to assist in the delivery of • Maintain a vigorous small business Internal Revenue Service targeted messages to specific audiences procurement Web site (http:// I. Compliance Assistance Resources on specific compliance issues resulting www.treas.gov/sba). in communications that reach a much • (Paperwork Relief Act Report). Treasury’s annual forecast of The IRS Compliance Assistance larger taxpayer population. contract opportunities and small Resources are those that help taxpayers TEC focuses on burden reduction business subcontracting opportunities comply with the Federal tax law. We are initiatives and promotes electronic directory are posted on the small making every effort to inform, assist and filing and payment options to SB/SE business Web site, and we make hard educate taxpayers. taxpayers. The services TEC provides copies available upon request and at all II. Points of Contact for IRS. assist in promoting compliance among of the small business outreach events Single point of contact for small businesses and self-employed we attend. Compliance Assistance Resources IRS taxpayers through non-enforcement • Our highly successful Treasury Web site: http://www.irs.gov/businesses/ methods and help taxpayers understand Monthly Vendor Outreach Session index.html. their tax obligations in a manner that program allows small businesses to Single point of contact for Paperwork leads to voluntary compliance. meet with Treasury bureau small Relief Act of 2002. Michael Chesman Æ Partnership Outreach designs, business specialists. We also include Director Office of Taxpayer Burden develops and delivers educational special guests representing other Reduction. Phone: (202) 283–7673. E- products and services focused on Federal agencies or prime contractors to mail: [email protected]. customer needs, and leverage discuss procurement opportunities on a partnerships with major stakeholders pre-arranged 15-minute basis in one Compliance Assistance Program through negotiated agreements to assist central location. Our schedule is Description in the delivery of these products and published a year in advance to allow a. The Small Business/Self-Employed services. The primary focus is on small business to plan their marketing (SB/SE) operating division is structured proactively identifying emerging trends, efforts. to best serve taxpayers whose needs are common errors, and common areas of • Treasury’s outreach efforts also more complex than wage and non-compliance, and developing include two Treasury IT Program investment taxpayers. This division products, services and programs to Manager Vendor Outreach Session serves about 40 million small address these issues and encourage events each year (this event is modeled businesses, including 33 million self- compliance.

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Æ Business Marketing Services plans 0 To suggest improvements to IRS a client service to help the smallest and and execute the promotion and Procedures—1–888–912–1227. newest businesses: distribution of all traditional SB/SE 0 Taxpayer Advocate Service » Partner organizations organize, products and services to TEC Hotline—1–877–777–4778. market and staff live workshops using employees, key stakeholders, and c. Taxpayers who need more IRS materials or their own. IRS just targeted taxpayer audiences in order to information than is provided by released Spanish language versions of satisfy external customer needs and Customer Account Service may go to the the Student Workbook and the internal organizational objectives. Help Web site at http://www.irs.gov/ Instructor Guide. » Business Marketing Services is also help/index.html. Partnership organizations link to focused on developing strategies for d. Finding addresses to file Internal IRS’ on-line small business workshop increasing usage of electronic products Revenue Service tax forms has just products and market them to their and implementing them effectively for become easier for taxpayers and tax members. An online Spanish language not only the small business community practitioners. On August 22, 2003, the version of the classroom materials is nearly complete. but also the more uniquely emerging IRS launched a ‘‘Where to File’’ Web » self-employed taxpayer segment. site on the Internet. With only a few Partner organizations distribute Æ The Office of Taxpayer Burden keystrokes, taxpayers and practitioners Pub. 3700, A Virtual Small Business Reduction provides direction and now have access to the proper mailing workshop CD–ROM (September 2003) leadership for burden reduction efforts address to ensure that business returns and Pub. 3693, Introduction to Federal Taxes for Small Business—Self by focusing on six major areas: are received and processed in a timely Employed: Getting Your Business Off to 0 Informing and educating customers manner. See the Where to File— a Successful Start CD–ROM (Sept 2001) about their tax responsibilities. Business Forms and Filing Addresses at to their members and/or let them know 0 Simplifying forms, publications http://www.irs.gov/file/article/ how to order it. Pub. 3700 has Spanish and communications. 0,,id=111453,00.html. and Mandarin closed captions. 0 Streamlining internal policies, e. Web sites/Internet processes and procedures (including 0 Online Small Business Tax 0 http://www.irs.gov—IRS Web site. Workshops. IRS has an interactive audit plans). 0 http://www.irs.gov/smallbiz—IRS 0 Promoting less burdensome online Small Business Tax Workshop Small Business Web site. that includes all of the materials used in rulings, regulations and law. 0 http://www.irs.gov/smallbiz—The 0 the classroom workshops taught by IRS Assisting in the development of a SB/SE Internet site has had 12,200,283 burden reduction measurement partner organizations. There are also visits from January 2002 to February streaming video workshops in the methodology. 2004. 0 Partnering with internal and Online Classroom at http://www.irs.gov/ 0 http://www.irs.gov/newsroom/ external stakeholders to more effectively smallbiz. index.html—News. and efficiently identify and address 0 Tax Talk Today. Tax Talk Today is 0 http://www.irs.gov/taxpros/ burden reduction initiatives. a monthly program about current tax Æ Field Organization content/0,,id=103728,00.html—Plain issues and policies sponsored in part by A geographically dispersed field staff Language Regulations. the IRS. It provides unbiased insight 0 provides top quality compliance Tax Centers on Partners’ Web and information about current tax and focused pre-filing service to small site—IRS has developed a number of business issues critical to tax business and self-employed individuals partnerships by establishing a Tax professionals. All of the programs directly and through third party Center Web site on the partner’s sites. feature a panel discussion, Questions relationships with key internal and Tax Centers have a comprehensive set of and Answers from viewers, current tax external stakeholders. These services links customized to the partners needs news stories, and tax teasers. The format assist small business and self-employed and organized by topic to various parts allows viewers to ask questions via e- taxpayers by helping them to of irs.gov. For example see: Tax Center mail, fax or telephone. Web site: understand their tax obligations in a Web site—http://www.sba.gov/bi/ http://www.taxtalktoday.tv/. manner which leads to filing, payment, irstaxcenter.doc. 0 Interactive Video Conference and reporting compliance. f. Training/Workshops/Seminars Television (IVT) IRS produces and IRS Area Distribution Centers (ADCs) 0 Practitioner Institutes. Practitioner directs live Interactive Video Television serve as distribution points for tax Institutes serve as part of an overall (IVT) instructional and informational products. Tax products can be ordered practitioner education curriculum, training via IRS Satellite that reaches free of charge from the ADCs at 1–800– which includes Tax Talk Today, the 135 IRS offices nationwide. IRS 829–2437. Nationwide Tax Forum, local liaison welcomes external stakeholder b. IRS provides live telephone meetings, etc. They provide a much- participation in IVTs. Last June assistance through Customer Account needed venue for delivering the IRS representatives from the U.S. Chamber Service. message to approximately 25,000 direct of Commerce and Government Affairs 0 Tax Assistance—1–800–829–1040. participants, which prepare countless for the National Association of 0 Forms, Form Instructions and tax returns for the public each year. The Convenience Stores participated in the Publications—1–800–829–3676. Tax Practitioner Institutes have been ‘‘What’s In It For Me’’ IVT. 0 Small Business and Specialty ongoing for as many as 60 years in some g. Products Developed Specifically for Taxes—1–800–829–4933. parts of the country. Over the years the Small Business. The role of the SB/SE 0 Compliance Assistance Products— institutes have evolved into forums that TEC division is to address compliance 1–800–829–2765. deal with a large variety of income tax through education and marketing to our 0 Tax Refund Hotline—1–800–829– issues of interest to the entire tax Small Business and Self-Employed 1954. practitioner community. taxpayers. We develop educational 0 Recorded Tax Information (Tele- 0 Small Business Tax Workshop products and services focused on Tax) 24 hour service—1–800–829–4477. Student/Instructor Materials IRS has customer needs to provide top quality 0 Assistance for the Hearing adopted three models for small business pre-filing services to help taxpayers and Impaired—1–800–829–4059. tax workshops our partners can offer as stakeholders understand and comply

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with the tax laws. Products can be to deal with it effectively, should it medium for new growth in the bartering ordered online or by calling 1–800–829– occur. Section 1203 of RRA’98 provides exchange industry. There were only 3676. Web site: http://www.irs.gov/ for the mandatory termination of IRS $682 million dollars reported to the businesses/small/article/ employees under various specific Service on Form 1099B’s for 2001. IRS 0,,id=101169,00.html. instances of misconduct and provides a has: h. Forums number of key taxpayer safeguards. This » Mailed notices to over 600 0 Payroll/Practitioner Forums serves as a strong deterrent to any bartering exchanges nationwide. The Payroll/Practitioner Forums are employee who might consider taking » Established partnerships with the an extension of the bi-monthly National retaliatory action. Web site: http:// International Reciprocal Trade Public Liaison (NPL) meetings. The www.irs.gov/businesses/small/ Associations to develop outreach efforts Forums provide an opportunity for the index.html. to inform their members of filing subject matter experts (SMEs) and k. TAS—Overall and Systemic requirements. payroll/practitioner representatives to Advocacy. Taxpayer Advocate Service » Updated Web sites to include ‘‘work through’’ the issues raised from (TAS) is an independent organization information on filing requirements for suggested topics on the agenda. that helps taxpayers resolve problems bartering exchanges. 0 Small Business Forums. Small with the IRS and recommend changes Information Reporting Requirements Business Forums are held with external that will prevent tax problems. for Bartering Exchange can be found at small business groups and associations. The Taxpayer Advocate Service Office http://www.irs.gov/businesses/small/ The primary focus of these meetings is of Systemic Advocacy provides article/0,,id=118385,00.html. to provide an avenue for an open oversight and direction for identifying, Demand Reduction—The Demand exchange of information with external and analyzing systemic, procedural and Reduction Program seeks to lower the stakeholders. The forums also give them operations problems. This office number of calls generated during the an opportunity to share feedback announced on March 13, 2003 the filing season by identifying high volume concerns on behalf of their small development of a new internet-based topics through the analysis of frequently business members. Monthly schedule: program for submitting systemic asked questions and current emerging http://www.irs.gov/businesses/small/ problems and suggestions to improve issues. In this pilot, IRS is testing article/0,,id=106266,00.html. tax administration. On November 24, whether targeted outreach/educational 0 IRS Nationwide Tax Forums. One 2003, TAS launched a new Web-based products and outreach initiatives of the Service’s largest and most application, part of the Systemic focused on high-volume, topic-specific effective outreach programs to the tax Advocacy Management System (SAMS), issues will reduce the number of calls professional community is the IRS to streamline the process of submitting generated in these areas. To date, the Nationwide Tax Forums. During July, issues that affect multiple taxpayers. demand reduction program has August, and September, the IRS will Office of Systemic Advocacy Web identified 13 topics as being of present six tax forums nationwide, site: http://www.irs.gov/advocate/ sufficient national impact to generate which will include seminars, a trade index.html. headliner articles. In addition, this show, and an awards banquet. These Web-Based Application: http:// program has also generated a reference forums are designed to help tax www.irs.gov/advocate/article/ guide identifying the specific types and professionals obtain valuable 0,,id=117703,00.html. filing requirements for the various information to improve their business. IV. Fiscal 2004 Compliance corporate returns and related schedules. Web site: http://www.irs.gov/taxpros/ Assistance Resources This guide is slated for both ‘‘internal article/0,,id=97192,00.html. EFTPS Express Enrollment Web site— use’’, by our assistors and ‘‘external i. Tax Assistance Centers are your Offers some taxpayers new, quicker use’’ by practitioners to reduce the one-stop resource for face-to-face tax access to an electronic payment system. number of ‘‘What form do I use?’’ help. These sites provide assistance in The EFTPS Express Enrollment Web site questions in the ‘‘Partnership and the preparation of returns as well as can be found at http://www.irs.gov/ Corporation’’ category. resolution of less complex accounts and businesses/small/article/ Issue Resolution Tracking System compliance issues for taxpayers that 0,,id=120110,00.html. (IRTS)—The IRS is proactive in require face-to-face assistance. The site Penalty Rebate for Enrolling in EFTPS responding to stakeholder concerns location and hours of operation are Web site—Allows paper coupon users through the use of the Issue Resolution available at Web site: http:// who were assessed a Form 941 deposit Tracking System. This Web-based data www.irs.gov/localcontacts/index.html. penalty the opportunity to receive a base assists IRS in monitoring the IRS also offers free income tax one-time penalty refund. The Penalty resolution of issues identified by assistance for low income, disabled, Rebate for Enrolling in EFTPS Web site stakeholders such as small businesses, elderly and non-English speaking can be found at http://www.irs.gov/ trade associations, government agencies taxpayers through the Volunteer Income businesses/small/article/ and government institutions, and Tax Assistance program (VITA) and Tax 0,,id=120305,00.html. payroll and practitioner groups. In Counseling for the Elderly program Reporting Agents (RAF) Web site— addition to responding to issues we will (TCE). A free tax preparation site can be Assists employers in making required be able to detect stakeholder identified located by calling Customer Account tax deposits and tax information filings issues and track trends both locally and Services at 1–800–829–1040. to the Federal Government and to State nationally. j. Non-retaliation Policy. The IRS has and local governments. The Reporting Global Diversity Group (GDG)— a zero tolerance policy for retaliation Agents (RAF) Web site can be found at Global Diversity Group (GDG) is a and has had a written non-retaliation http://www.irs.gov/businesses/small/ consulting firm that provides access to policy in place since 1998. On July 22, article/0,,id=108689,00.html. much needed information designed to 1999, President Clinton signed into law Bartering Web site—Bartering occurs assist minority entrepreneurs and the landmark ‘‘IRS Restructuring and when goods or services are exchanged women business owners with the Reform Act (RRA) of 1998.’’ The IRS has without exchanging money. Bartering growth of their companies. A GDG taken a number of steps to prevent revenue was estimated at 7.78 billion in Business Exchange ‘‘Tour for Success’’ retaliation and has put policies in place 2001. The Internet has provided a annual event is held in various locations

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throughout the country and provides associations, State and local authorities Purchase From People Who Are Blind exhibitors, workshops and interaction and others to provide tax information or Severely Disabled, 1421 Jefferson between corporations, professionals, and education services to small business Davis Highway, Jefferson Plaza 2, entrepreneurs, educators as well as customers. Suite10800, Arlington, VA 22202–3259. government organizations. IRS Treasury Single Point of Contact: Phone: (703) 603–7740. Fax: (703) 603– established a partnership with GDG that Jackie Barber, Acting Director, Office of 0655. E-Mail: [email protected]. Small Business Development, U.S. focuses on IRS’’ interaction with the Commodity Futures Trading Department of the Treasury, 1500 small business community. IRS Commission participated in GDG Business Exchange Pennsylvania Avenue, NW., Mail Code: 2003 ‘‘Tour for Success’’ that covered 10 1450 G St, Washington, DC 20220. The Commodity Exchange Act (CEA) cities and over 4000 participants. GDG Telephone: (202) 622–8213. Fax: (202) establishes a regulatory scheme for the is currently preparing to launch their 622–4963. E-mail: commodity futures and options industry revised Web site that will include a [email protected]. that generally depends on industry self- comprehensive ‘‘Tax Center’’ linking regulation with federal oversight by the Veterans Affairs visitors to important small business Commodity Futures Trading information on the IRS Web site. Consistent with SBREFA, compliance Commission (CFTC). The National V. New in FY 2004 assistance is funneled through the two Futures Association (NFA) and other Small Business Products Web sites above to register complaints self-regulatory organizations (SROs) » Publication 4143 and Publication or ask for assistance. Most other VA conduct routine compliance reviews in 4143A, Learning the Art of Doing offices will ensure that appropriate the futures industry. The NFA is Business, a curriculum for cosmetology certifications are published in VA responsible for most of the compliance students and instructor guide, teaches regulations that they do not affect small reviews of retail sales practices in the the Federal tax responsibilities specific business entities. Small businesses can industry and in this regard, it has a to cosmetology. comment on VA regulations during the program for the voluntary review of » Publication 4161, The Art of Doing informal rulemaking process, after they promotional materials. NFA’s Internet Business, Brochure. are published as proposed rules in the website includes a ‘‘Contact NFA’’ » Publication 4297, Industry Issue Federal Register. section providing telephone numbers Resolution Program, Brochure, covers • Office of Small and Disadvantaged for its general Information Center and what types of issues are appropriate for Business Utilization: http://www.va.gov/ specific compliance contact personnel the program how to submit an issue to osdbu. (www.nfa.futures.org/contact/ the IRS. • Center for Veterans Enterprise: indexContact.asp), as well as various » Publication 4261, Do You Have a http://www.vetbiz.gov. published compliance information Foreign Bank Account? Addresses tax Veterans Affairs Single Point of (www.nfa.futures.org/compliance/ compliance for those taxpayers who Contact: Ramsey Alexander, Jr., Senior publications.asp). have a foreign bank account. Procurement Analyst, OSDBU (00SB), The CFTC provides compliance Small Business Products Printed in Department of Veterans Affairs, 810 guidance to small businesses through Spanish Vermont Avenue, NW., Washington, DC several methods. The CFTC’s Internet » Publication 1518, IRS Tax 20420. Telephone: 202–565–8133. Toll Web site includes a ‘‘Law & Regulation’’ Calendar. Free: 800–949–8156. E-mail: section (www.cftc.gov/cftc/ » Publication 3995, Recognizing [email protected]. cftclawreg.htm) providing general Illegal Tax Schemes. information concerning the » Publication 4035, Home Based Agency for International Development requirements of the CEA, CFTC Orders, Business Tax Avoidance Schemes. U.S. Agency for International and staff exemptive, no-action and » Publications 1066 and 1066B, Development (USAID) Single Point of interpretive letters. This section links to Small Business Tax Workshop: Student Contact: Marilyn S. Marton, Director, a ‘‘Compliance’’ page (www.cftc.gov/tm/ Workbook and Supplemental Guide. Office of Small & Disadvantaged, tmcompliance.htm) that contains » Publication 3992, Consumer Tax Business Utilization (OSDBU), U.S. guidance to assist firms and individuals Video, Reporting Tip Income on TRAC. Agency for International Development. who conduct commodity futures and VI. Summary 1300 Pennsylvania Avenue, NW., options business with customers in IRS assists the small business Washington, DC 20523–7800. complying with the CEA provisions and community by providing small business Telephone: (202) 712–1500. Fax: (202) CFTC Regulations applicable to their and self-employed individuals with top 216–3056. E-Mail: [email protected]. activities. Informal guidance also is quality services. The services IRS available through the ‘‘Publications’’ provides assist in promoting compliance Appraisal Subcommittee of Federal section of the CFTC Web site among small businesses and self- Financial Institutions Examination (www.cftc.gov/cftc/cftcreports.htm), employed taxpayers through non- Council which contains ‘‘CFTC Backgrounders’’ enforcement methods and help Appraisal Subcommittee Single Point and other brochures providing taxpayers understand their tax of Contact: Ben Henson, Appraisal information of use to small businesses. obligations in a manner that leads to Subcommittee of FFIEC, 2000 K St NW., Staff members in the CFTC’s various voluntary compliance. Suite 310, Washington, DC 20006. divisions offer informal assistance and IRS maintains a ‘‘customer first’’ focus Telephone: (202) 872–7520. Fax: (202) guidance in response to telephone through routinely soliciting information 872–7501. E-mail: [email protected]. inquiries and e-mail messages submitted concerning the needs and characteristics through the CFTC Web site (homepage: of its small business customers and Committee for Purchase of the Blind/ http://www.cftc.gov/). These include: implementing programs based on the Severely Disabled • The Division of Clearing and information received. Committee for Purchase for the Blind Intermediary Oversight ((202) 418– Additionally, IRS partners with other and Severely Disabled Single Point of 5430)—inquiries concerning rules Federal agencies, financial institutions, Contact: Patrick Rowe, Deputy governing protection of customer funds, tax preparers, community groups, trade Executive Director, Committee for trading and sales practice issues,

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registration and disclosure issues, and National and Community Service, Office • Auto Recyclers http:// financial requirements. of the General Council Rm. 8200, 1201 www.ecarcenter.org • The Division of Market Oversight NY Ave. NW., Washington DC 20525, • Auto Service Industry http:// ((202) 418–5260)—Inquiries concerning Telephone: (202) 606–5000 ext. 265. www.ccar-greenlink.org market and product design, market Fax: (202) 565–2796. E-mail: • Chemicals http:// surveillance, position reporting, and [email protected]. www.chemalliance.org/ trade practice issues. • Construction Industry http:// • The Office of General Counsel Environmental Protection Agency www.cicacenter.org ((202) 418–5120)—assigns an ‘‘Attorney EPA currently has over 100 • Local Government http:// of the Day’’ to answer telephone initiatives, activities, and services www.lgean.org/ inquiries about the CEA and CFTC directed at small business needs. EPA • Metal Finishing http:// Regulations. efforts include a toll-free hotline; www.nmfrc.org/ • The Division of Enforcement— newsletters; Web sites; e-mail listserv; • Paints and Coatings http:// provides notice to small businesses information alerts on emerging www.paintcenter.org/ about their right to comment on CFTC regulatory issues; industry sector • Printed Wiring Boards http:// actions pursuant to the Small Business specific guides directed at providing www.pwbrc.org/ information on specific industry • Printing http://www.pneac.org/ Regulatory and Enforcement Fairness • Act (SBREFA) whenever it makes a processes, Federal regulatory Transportation http:// requirements, compliance history and www.transource.org/ request to provide information • voluntarily or pursuant to subpoena or pollution prevention information; U.S./Mexico Border http:// the inspection provisions of the CEA. expert systems; voluntary programs; and www.bordercenter.org The CFTC and its staff are committed to training programs. EPA also manages a National ensuring that small businesses are EPA’s Small Business Ombudsman Compliance Assistance Clearinghouse provided a non-retaliatory environment (SBO) provides a ‘‘gateway’’ and as a guide to compliance information on in which to exercise their right to dedicated support for small businesses the Internet. This site gives comment. to reach EPA compliance assistance comprehensive links to EPA The CFTC has a small business liaison resources offered by EPA, the States, environmental compliance assistance located in the Office of External Affairs. and other sources. The SBO answers materials, as well as materials from all When the agency receives inquiries technical and regulatory questions on a 50 states and other organizations. The related to small business, such as toll-free hotline, provides more than 350 Clearinghouse contains many features communications from the office of the free EPA publications, develops allowing small businesses to interact National Ombudsman, they are compliance assistance tools, and gives directly with EPA and improve forwarded to the liaison. The liaison direct access to regulatory assistance on communication and collaboration also works with the Ombudsman to a comprehensive Web site. It publishes among compliance assistance providers. provide information and resolve any the SBO newsletter twice a year to EPA’s Small Business Compliance issues or complaints received by the report important EPA activities and give Policy promotes environmental Ombudsman’s office. timely alerts to small businesses and compliance among small businesses by Commodity Futures Trading interested service providers on EPA providing incentives to discover, Commission Single Point of Contact: actions. The SBO acts as the focal point disclose, and make good faith efforts to Gabrielle A. Sudik, Attorney, Office of and provides multi-level support and correct violations. Software is also General Counsel, Three Lafayette coordination for an extensive national available to assist in certain reporting Centre, 1155 21st Street, NW., network of small business assistance requirements. The ‘‘Toxics Release Washington, DC 20581. Telephone: programs, and works with small Inventory—Made Easy’’ (TRI-ME) (202) 418–5171. E-mail: businesses, service providers, and state software guides users through the entire [email protected]. and regional officials to address small Toxics Release Inventory reporting business needs. process from start to finish. Consumer Product Safety Commission The Small Business Gateway is a Web EPA is also distributing a newsletter CPSC information can be found at site that links to EPA’s assistance for compliance assistance providers. http://www.cpsc.gov/businfo/businfo. programs for small business. http:// Entitled Compass, each addition of the html, or by calling 1–800–638–CPSC. www.epa.gov/smallbusiness/. newsletter focuses on a theme or topic • CPSC offers publications, Web EPA also partners with industry of interest to the compliance assistance based compliance and on-line/e-mail representatives and others on sector- provider community. The newsletter service, including, but not limited to A specific Compliance Assistance Centers. also has a calendar of upcoming events Small Business Guide to the U.S. CPSC The centers support the agriculture, and a ‘‘hot news’’ section to highlight http://www.cpsc.gov/businfo/smbusgde. automotive recycling, automotive important information such as new html. service and repair, chemical policies, guidance, tools, events or Consumer Product Safety Commission manufacturing, construction, local reports related to EPA’s compliance Single Point of Contact: Thomas W. government issues, metal finishing, assistance program. The primary Murr, Jr., Deputy Executive Director, paints and coatings, printed-wiring- audience for this newsletter is U.S. Consumer Product Safety board manufacturing, printing, compliance assistance providers but Commission, 4330 East West Highway, transportation, and border compliance other environmental assistance Bethesda, MD 20814. Telephone: (301) sectors by providing tools such as providers as well the regulated 504–7907. E-mail: [email protected]. checklists, plain language guides, and community-including small businesses- technical information to help small will find it useful. EPA plans to publish Corporation for National and businesses understand their regulatory the newsletter three times a year. Community Service requirements. Information on EPA’s initiatives and Corporation for National and Compliance Assistance Centers: activities is available on the EPA Small Community Service Single Point of • Agriculture http://www.epa.gov/ Business Ombudsman Web site http:// Contact: Bill Hudson, Corporation for agriculture/ www.epa.gov/sbo. This site links to the

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Small Business Environmental Home Bank, 811 Vermont Avenue, NW., A list of outreach coordinators and page http://www.smallbiz- Washington, DC 20571. Telephone: contact information can be found at enviroweb.org/, which provides (202) 565–3782 www.eeoc.gov/outreach/ extensive small business assistance coordinators.html. Equal Employment Opportunity information. EPA National Asbestos & Commission Fee-Based Training and Technical Small Business hotline for inquires on Assistance environmental regulations may be Small Business Initiative reached via a toll free number (1–800– EEOC has developed a Small Business EEOC presents a wide variety of fee- 368–5888). Initiative (SBI) to improve customer based training and technical assistance Environmental Protection Agency service and expand outreach, education, programs throughout the country geared Single Point of Contact: Karen V. and technical assistance to the small to employers in the private sector, Brown, Director, Small Business business community. The SBI aims to including small businesses, as well as Division, EPA Small Business promote voluntary compliance by Federal, State and local government Ombudsman (SBPRA Point of Contact), building a more cooperative and agencies. Training and technical 1200 Pennsylvania Avenue NW., MC collaborative relationship with the small assistance available includes: 1807T, Washington, DC 20460. and mid-sized business community and Technical Assistance Program Telephone: (202) 566–2816. Fax: (202) to address EEO concerns expressed by Seminars (TAPS). Seminars emphasize 566–0954. E-mail: [email protected] small business owners. The main how to prevent EEO problems from components of the SBI include: developing and how to resolve Export-Import Bank Small Business Liaisons. Every EEOC discrimination complaints effectively The Export-Import Bank of the United District office has a Small Business when they do arise. Real-life case States (Ex-Im Bank) is the official export Liaison available to employers who studies and examples often are used to credit agency of the United States. Ex- have questions about the laws enforced show how equal employment Im Bank’s mission is to assist in by EEOC or about compliance with requirements apply to specific financing the export of U.S. goods and those laws in specific workplace employment practices. Updates on services to international markets. Ex-Im situations. Information on contacting important legal developments, Bank enables U.S. companies—large Small Business Liaisons can be found at Commission policy and procedures and and small—to turn export opportunities www.eeoc.gov/employers/ vital information about EEOC’s latest into real sales that help to maintain and contacteeoc.html. initiatives and alternative dispute create U.S. jobs and contribute to a Small Business Web Page. resolution program are discussed. stronger national economy. www.eeoc.gov/employers/ Specialized topics will differ by seminar Ex-Im Bank does not compete with smallbusinesses.html—While the and may include in-depth sessions on private sector lenders but provides information on this page applies to all issues such as: Sexual and racial export financing products that fill gaps employers, it has been specifically harassment; complex ADA issues, in trade financing. We assume credit designed for small businesses which including the ADA’s relation to other and country risks that the private sector may not have a human resources workplace laws; and religious and is unable or unwilling to accept. We department or a specialized EEO staff. national origin discrimination. also help to level the playing field for The page is designed to make it easier Whenever practicable, small group U.S. exporters by matching the for small businesses to comply with the breakouts, question and answer periods, financing that other governments anti-discrimination laws and help them interactive formats and informal provide to their exporters. in their dealings with the EEOC. discussions are used in the seminars, Ex-Im Bank provides working capital No-Cost Outreach and Education which enable participants to receive guarantees (pre-export financing); Programs answers to specific EEO questions. export credit insurance (post-export Customer Specific Training Programs. financing); and loan guarantees and EEOC’s outreach and education EEOC staff provide specialized training direct loans (buyer financing). No programs provide information about the on various employment discrimination transaction is too large or too small. On employment discrimination laws topics for employers at their work site average, 85% of our transactions enforced by EEOC and the EEOC charge/ or at an organization’s meeting or directly benefit U.S. small businesses. complaint process. EEOC training events. With nearly 70 years of experience, representatives are available at no cost Training Products. EEOC has Ex-Im Bank has supported more than to make presentations and participate in developed training course materials on $400 billion of U.S. exports, primarily to meetings with employers and their Workplace Harassment Issues: How to developing markets worldwide. representative groups. For example, Identify, Prevent and Eliminate • Export-Import Bank Mission EEOC hosts regular meetings with Workplace Harassment, which are Statement: http://www.exim.gov/about/ employers and employer groups, such available for employers who want to mission.html as stakeholder advisory councils to get deliver their own training. Additional • Pre-Export Financing To Help U.S. feedback on legal and operational training courses on the Americans with Exporters Maximize Borrowing issues; provides speakers and trainers Disabilities Act and other topics are Potential: http://www.exim.gov/ for conferences, seminars, workshops under development and will be products/work_cap.html and classroom presentations and for available in the future. Information on • Increase Your Export Sales While regular scheduled meetings of Training Contacts can be found at Minimizing Risks: http://www.exim.gov/ organizations, professional associations, www.eeotraining.eeoc.gov. products/insurance/index.html etc; distributes information materials on • Special Initiatives for Underserved EEO laws and represent the Commission Publications Small Businesses: http://www.exim.gov/ at events, such as job fairs, conventions EEOC fact sheets, information products/special/underserved.html and conferences; and participates in materials and brochures and other Export-Import Bank Single Point of media presentations—including radio publications are available at no cost. Contact: Sam Zytcer, Director of the and TV interviews, as well as cyber- They can be ordered by calling 1–800– Small Business Office, Export-Import chats. 669–3362 (voice) or 1–800–800–3302

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(TTY) or through the Internet at they relate to both employees and job Commission’s rules, orders and www.eeoc.gov/publications.html. applicants. Information on the authorizations, and the Office of Training and Technical Assistance workshops is available at www.eeoc.gov/ Communications Business Materials available for direct purchase— initiatives/nfi/index.html. A copy of the Opportunities (OCBO), which provides A seven volume set of resource manuals Primer is available at www.eeoc.gov/ advice to the Commission on issues and provides a comprehensive and ada/adahandbook.html. policies concerning telecommunications invaluable EEO library on employment Guidance Letters opportunities for small, minority, and discrimination issues. Each volume women-owned communications contains training exercises, practical EEOC’s Office of Legal Counsel issues businesses. In addition, the FCC guidance and copies of EEOC’s most approximately 90 significant guidance Consumer Center, within the Consumer important policy interpretations, letters a year explaining the and Governmental Affairs Bureau, including information concerning recent employment discrimination statutes to provides a wealth of consumer important Supreme Court decisions employers and other stakeholders. information and other service. affecting Federal EEO law. The volumes Equal Employment Opportunity E-Mail, Small Entity Contact Point: are compiled and written by legal Commission Single Point of Contact: [email protected] Laura Hinton, National Outreach experts and training professionals from Telephone Service: the EEOC, the Federal agency Coordinator, Office of Field Programs, • Office of Communications Business responsible for enforcing and EEOC, 1801 L Street, NW., Washington, Opportunities (OCBO): 202–418–0990 interpreting the country’s various DC 20507. Telephone: 202–663–4811. E- • mail: [email protected] Enforcement Bureau: 202–418–7450 Federal employment discrimination • FCC Consumer Center, Toll-Free laws. The entire series is updated Federal Communications Commission Telephone Service: 1–888-CALL–FCC annually to reflect changes in law, court The Federal Communications (1–888–225–5322) decisions and new EEOC guidance. • These materials are useful for Commission (FCC) is an independent TTY, FCC Consumer Center, Toll- employers, human resource/EEO U.S. government agency, directly Free Telephone Service: 1–888–TELL– professionals, attorneys, labor responsible to Congress. The FCC was FCC (1–888–835–5322) representatives and others interested in established by the Communications Act Online Service: • EEO matters in the private, Federal and of 1934 and is charged with regulating FCC Homepage and News Location: State and local government sectors. interstate and international http://www.fcc.gov • These manuals can be ordered through communications by radio, television, Office of Communications Business www.eeotraining.eeoc.gov. wire, satellite and cable. The FCC’s Opportunities (OCBO): http:// jurisdiction covers the 50 States, the www.fcc.gov/ocbo/ Web Page District of Columbia, and U.S. • Enforcement Bureau: http:// • EEOC’s Web page—www.eeoc.gov— possessions. www.fcc.gov/eb/ (this site includes the provides easy-to-use information on The FCC is directed by five resource, ‘‘How to File Complaints’’) federal laws prohibiting job Commissioners appointed by the • Consumer and Governmental discrimination, including a question President and confirmed by the Senate Affairs Bureau: http://www.fcc.gov/cgb/ and answer format. The site also for 5-year terms, except when filling an provides copies of news/press releases, unexpired term. The President • Consumer Alerts and Factsheets— laws enforced by EEOC, regulations, and designates one of the Commissioners to Directory: http://www.fcc.gov/cgb/ policy guidance issued by EEOC, as well serve as Chairperson. Only three information_directory.html as information on outreach, training and Commissioners may be members of the • Current Major Initiatives: http:// technical assistance and publications. same political party. None of them can www.fcc.gov/initiatives.html • The site provides links to other have a financial interest in any Federal Communications Commission Federal labor law enforcement agencies Commission-related business. Single Point of Contact: Carolyn and other Federal agencies which may The Commission staff is organized by Fleming Williams, Director, Office of have information/resources useful to function. There are six operating Communications Business employers. Bureaus and ten Staff Offices. The Opportunities, U.S. Federal • EEOC has also worked with many Bureaus’ responsibilities include: Communications Commission, 445 12th Federal agencies, such as the Small Processing applications for licenses and Street, S.W., Telephone: 202–418–0990. Business Administration, Office of the other filings; analyzing complaints; Fax: 202–418–0235. E-mail: National Ombudsman, to ensure EEOC’s conducting investigations; developing [email protected]. and implementing regulatory programs; Web page is available as a link. Federal Deposit Insurance Corporation and taking part in hearings. The Offices New Freedom Initiative provide support services. Even though The FDIC provides compliance EEOC is working closely with small the Bureaus and Offices have their guidance to small banks on the range of business organizations and disability individual functions, they regularly join supervisory and regulatory issues to groups to conduct a series of free forces and share expertise in addressing strengthen banks’ own compliance outreach and education events for small Commission issues. The six operating expertise and to enable banks to businesses as part of President Bush’s Bureaus are: Consumer and structure their own operations in New Freedom Initiative. EEOC expects Governmental Affairs, Enforcement, compliance with the law. Within the to continue putting on these events International, Media, Wireless banking industry, a longstanding throughout fiscal years 2003 and 2004. Telecommunications, and Wireline custom has developed in which EEOC has also produced The Americans Competition. individual institutions contact FDIC with Disabilities Act: A Primer for Small Concerning FCC small entity examiners for guidance on questions Business, which is a practical, reader- enforcement and compliance issues, the and concerns, both to prevent non- friendly handbook for the small primary sources for information are the compliance and to promptly and business person outlining the Enforcement Bureau, which enforces the appropriately correct any problems that employment provisions of the ADA as Communications Act as well as the might exist.

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Compliance assistance products and In the case of problem institutions, a • Quarterly Banking Profile—Bank services provided by the FDIC include more formal program to correct performance, trends and data tables a variety of venues and provides a broad deficiencies identified at the • FDIC Consumer News—Banking range of information (in both web-based examination is put in place. Between and financial information for consumers and print versions) that addresses the examinations, the FDIC has a Banker • Failed Bank Cost Analysis mission, activities, and administrative Outreach Program where senior FDIC • FDIC/OTS Summary of Deposit actions of the FDIC, and provides access staff contact and meet with bank • Trust Assets of Financial to manuals, guidelines, and regulations, management to discuss new Institutions as well as to policy research, data, and technologies, product innovations, and On-Line Data Queries: analysis of emerging issues in banking recent statutory changes. • Institution Directory and the economy. The FDIC maintains a structured • Statistics on Depository Institutions • The FDIC maintains a toll-free compliance educational program in its • Call & Thrift Financial Reports hotline and an Internet site for bankers Directors’ Colleges and in FDIC • Electronic Deposit Insurance and consumers to contact the FDIC if sponsored symposiums, roundtables, Estimator they have a problem or concern. and conferences. In 2003 and 2004, the • • The FDIC provides a compliance CRA Statute and Tools FDIC held outreach roundtable • RESPA Escrow Program assistance web site at http:// discussions on Consumer Debt, the Guides for Bankers and Consumers: www.fdic.gov. The FDIC web site Corporate Credit Cycle, and the • includes information on examinations, Commercial Real Estate Cycle and a Pocket Guide for Directors • deposit insurance, laws and regulatory symposium on Tapping the Unbanked Financial Institution Employees reporting, reports and statistics, forms Market and Protecting the Financial Guide to Deposit Insurance • and publications, and consumer and Sector. Compliance assistance is also International Directory of Deposit community affairs. Several of the FDIC Insurers provided when bankers meet with • sites are of particular interest to small senior FDIC officials at state banker Mortgage Loan Pre-qualifications: banks. FDICconnect is the secure Applications or Not? association meetings and industry • internet channel for FDIC-insured gatherings. Side by Side: A Guide to Fair institutions to conduct business and The FDIC provides a number of Lending • exchange information with FDIC. The compliance assistance publications and Uninsured Investment Products: A Director’s Corner includes items of Pocket Guide other regulatory information: • interest to bank directors such as Supervisory Information: FDIC Guide to Real Estate Sales • Interagency Policy Statements, • Financial Institution Letters— Privacy Choices • Supervisory Guidance, and Financial supervisory guidance on regulations and Symbol of Confidence • Institution Letters. The Office of the policies Your Insured Deposit; Your Ombudsman site provides assistance to • FDIC Law, Regulations, Related Investments • FDIC-supervised and insured banks, Acts Consumer Facts and Investments serving as a bridge to the Corporation. • FDIC Enforcement Decisions and Information for Contractors: • The FDIC has a compliance Orders • FDIC Acquisitions Policy Manual assistance employee available for each • Merger Decisions • of its regulated institutions. At the Information for Prospective Outside Regional and Territory Office levels Examination Manuals: Counsel • • there are case managers, field Manual of Examination Polices Office of Executive Secretary • examiners, and other senior staff Compliance Examination Manual Contractor Ethics Decisions, 1996– • assigned to a specific bank as the single FFIEC Information Technology Present point of contact for that institution. The Examination Handbook Office of the Ombudsman: • supervised institution and the FDIC Information Technology http://www.fdic.gov/regulations/ point of contact exchange numerous Examination Procedures • resources/ombudsman/index.html telephone calls and other direct E-Banking Examination Procedures Federal Deposit Insurance • Trust Examination Manual communication both to give guidance • Corporation Single Point of Contact: and to respond to informational Guide to the Interagency Country Carol L. Middlebrook, Ombudsman Exposure Review Committee Process requests. In addition, there are Subject • Specialist, 550 Seventeenth Street, NW., Matter Experts available at the Regional Guidelines for Payday Lending PA–1730–2126, Washington, DC 20429. and Washington Offices to answer Monthly, Quarterly, and Annual Telephone: 202–942–3807. Fax: 202– questions in more technical areas such Publications: 942–3041. E-mail: as Information Systems, Capital • FDIC Annual Report—summary of [email protected] Markets, Accounting, Trust and other operations and initiatives for the year subject areas. • Letter to Stakeholders—Chairman’s Federal Energy Regulatory Commission • The agency provides compliance report on FDIC’s priorities Federal Energy Regulatory assistance education. Perhaps the most • FYI—An electronic newsletter that Commission Single Point of Contact: extensive educational activities occur highlights analyses in the areas of risk Kimberly F. Fernandez, Office of during the examination process. • FDIC Banking Review—Academic External Affairs, Federal Energy Examiners review a bank’s procedures, research on banking and supervision Regulatory Commission, 888 First practices, policies, and records to • Working Paper Series—Academic Street, NE., Washington, DC 20426. determine compliance with laws, research on banking and finance Telephone: 202–502–8302. E-mail: regulations, and supervisory policies. • FDIC Outlook—Economic and [email protected] The vast majority of banks are well run Banking Risk Analysis from national and compliance information customized and regional perspectives Federal Housing Finance Board to the individual bank’s activities is • FDIC State Profiles— Federal Housing Finance Board Single provided to bank management and Macroeconomic and banking conditions Point of Contact: Janice Kaye, Federal employees to assist in future activities. in each state Housing Finance Board, Office of

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General Counsel, 1777 F Street, NW., Publications available for order (on- explaining statutory and regulatory Washington, DC. Phone: 202–408–2505. line order form and information): requirements and to answering E-mail: [email protected] Federal Reserve Board, 20th and C attendees’ questions. Where the topics Streets, NW., Publications Services, M/ are of particular interest to small Federal Maritime Commission S127, Washington, DC 20551. business, these speeches may involve Federal Maritime Commission Single Telephone: 202–452–3245. Fax: 202– appearances before groups representing Point of Contact: Jane E. Gregory, 728–5886. small-business interests. Other sources Executive Assistant, Executive www.federalreserve.gov/pubs/order.htm of information include full texts of FTC- Director’s Office, Federal Maritime News and Events administered statutes and rules, Commission, 800 N. Capitol Street, advisory opinions issued by the NW., Washington, DC 20573. General News and Events, including: Commission or its staff, texts of Telephone: 202–523–5800. Fax: 202– Testimonies and speeches; press speeches and testimony, and 523–5827. E-mail: [email protected] releases; and services (e-mail information on enforcement actions. notification for press releases and other The FTC also produces and Federal Mediation and Conciliation unscheduled postings; personal digital disseminates numerous print and Service assistant wireless service for press broadcast materials that, while directed Federal Mediation and Conciliation releases; and e-mail notification for to consumers, can benefit small Service Single Point of Contact: Dan testimony and speeches): businesses by identifying the practices Funkhouser, Chief Information Officer, www.federalreserve.gov/newsevents.htm that generate consumer protection Federal Mediation and Conciliation General Federal Reserve Public issues between businesses and their Service, 2100 K St NW., Washington, website: www.federalreserve.gov customers and explaining how they DC 20427. Telephone: 202–606–5477. E- Federal Reserve Board Single Point of should be handled. These materials and mail: [email protected] Contact: Cindy Ayouch, Chief, Financial information are readily available to Reports section, 20th and C Streets, small businesses through a variety of Federal Reserve Board NW., M/S 41, Washington, DC 20551. sources, including (1) through the FTC’s Procurement (Companies wishing to Telephone: 202–452–3829. Fax: 202– website www.ftc.gov, and from links at conduct business with the Board): 728–5856. E-mail: www.business.gov, www.firstgov.gov, Carlos Gutierrez, Small Business [email protected]. and www.sba.gov/yourgovt/federal.html, Procurement Liaison, 20th and C Federal Trade Commission and (2) directly from the FTC, Room H– Streets, NW., M/S 128, Washington, DC 130, 600 Pennsylvania Ave. NW., The FTC offers a broad array of 20551. Telephone: 202–452–2458. E- Washington, DC 20580, or call (toll-free) resources to aid small businesses in mail: [email protected] 877–FTC–HELP. understanding their obligations under FTC Compliance Guides are available General Financial Information for Small the laws and regulations administered at http://www.ftc.gov/ftc/businessinfo/ Businesses by the Commission. The FTC offers consumer.htm, and include, among General Community Development general information in a variety of forms others: information: www.federalreserve.gov/ to address issues and questions that • Frequently Asked Advertising community.htm small businesses frequently encounter. Questions: A Guide for Small Business A Guide to Business Credit for Such guidance usually will satisfy the http://www.ftc.gov/bcp/conline/pubs/ Women, Minorities, and Small needs of small businesses for guidance buspubs/ad-faqs.htm Businesses:www.federalreserve.gov/ as to their obligations. For example, the • Complying with the Telemarketing community.htm FTC issues many types of publications Sales Rule, http://www.ftc.gov/bcp/ designed to explain how small conline/pubs/buspubs/ Federal Reserve Regulatory Reporting businesses and others can conduct their tsrcomp.htm#privacy Forms affairs in compliance with the laws and • How to Comply with the Privacy of Current Reporting Forms: regulations administered by the FTC. Consumer Financial Information Rule of www.federalreserve.gov/boarddocs/ These include materials specifically the Gramm-Leach-Blilely Act, A Guide reportforms/default.cfm directed to businesses, such as (1) for Small Businesses from the Federal compliance guides explaining the Trade Commission http://www.ftc.gov/ Reporting Forms Under Review requirements of specific FTC rules in a bcp/conline/pubs/buspubs/glblong.htm www.federalreserve.gov/boarddocs/ non-technical manner; (2) industry • How to Comply With The reportforms/review.cfm guides addressing common compliance Children’s Online Privacy Protection issues under the Federal Trade Rule http://www.ftc.gov/bcp/conline/ Banking and Regulatory Information Commission Act, as applied to pubs/buspubs/coppa.htm General Banking and Regulatory particular industries or particular Where the sources of general information: www.federalreserve.gov/ practices; (3) guidelines and policy information are insufficient to provide banknreg.htm statements explaining the application of the needed guidance or assistance, an Regulations (PDF files): antitrust laws to particular practices or FTC staff member may provide specific, www.federalreserve.gov/regulations/ industries. These materials frequently informal advice or arrange for a more default.htm contain specific examples and formal response. Small businesses may Supervision & Regulation Letters (SR illustrative fact patterns that show how make inquiries of the Commission by Letters): www.federalreserve.gov/ the agency would apply the law to a various means. Inquiries can be boarddocs/srletters/ particular set of facts. The FTC holds informal and the business need not even public workshops, conferences and identify itself. The FTC also has Federal Reserve Board Publications other forums to discuss specific topics, procedures for providing, where Department which often include compliance appropriate, either a staff advisory Publications available free-of-charge concerns. Also, FTC staff members and opinion or, in specified circumstances, on-line: www.federalreserve.gov/ Commissioners frequently give speeches a Commission advisory opinion. It is publications.htm and conduct programs geared to generally most effective to discuss the

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issue with a staff person before deciding activities. Our objective is not only to $47 million in contracts and whether to seek a formal advisory ensure that small businesses are subcontracts have been awarded to opinion. integrated seamlessly into the aerospace participants. Inquiries regarding consumer industrial base of the country, but that As NASA’s premier initiative, the protection issues: FTC, Room H–130, they can contribute to the performance Mentor-Prote´ge´ Program is designed to 600 Pennsylvania Ave. NW., of NASA missions. NASA supports a encourage prime contractors to assist Washington, DC 20580. Telephone: non-retaliation policy against small disadvantaged companies in expanding (toll-free) 1–877–FTC–HELP (1–877– businesses as stated in NASA Policy their technical capabilities where such 382–4357). Directive 5101.32 for the Ombudsman firms are underrepresented in the Inquiries regarding competition program. market. Prime contractors receive a issues: Office of Policy and Evaluation, Small businesses seeking work with variety of incentives during the source Bureau of Competition, Federal Trade NASA are directed to our website selection process, plus award fee Commission, Washington, DC 20580. http://osdbu.nasa.gov. Activities in increments during the period of the Telephone (202) 326–3300. Fax (202) support of small businesses are listed contract, if performed successfully. To 326–2884. with information on how to get involved spur small businesses to actively pursue Federal Trade Commission Single in obtaining contracts and subcontracts. opportunities for commercializing Point of Contact: Donald Clark, The Request for Proposals open for bid can NASA technology, the OSDBU, in Office of the Secretary, Federal Trade be reviewed on the Internet at http:// conjunction with the Minority Owned Commission, 600 Pennsylvania Ave. procurement.nasa.gov. Business Technology Transfer NW., Washington, DC 20580. To get the highest return on Consortium (MBTTC) puts on seminars Telephone: 202–326–2514. Fax: 202– investment, the NASA OSDBU has throughout the year. Companies learn 326–2496. designed, implemented, and facilitated about the NASA Commercialization Businesses may also contact any of user-friendly programs and initiatives. Technology Network, how to identify the FTC’s regional offices. This ensures the full integration of technologies and work with researchers capable and high-quality small and scientists, how to apply for General Services Administration businesses into the competitive base of licensing agreements, and how to find General Services Administration contractors from which NASA regularly financing sources. Single Point of Contact: Mr. Felipe purchases products and services. In ‘‘Socioeconomic Procurement as a Mendoza, Associate Administrator, addition, the OSDBU has an outreach Business Imperative’’ is a one-day Office of Small Business Utilization, effort to communicate with its target course given four times a year at General Services Administration, 1800 F small business constituents, as well as different NASA Centers to a cross- Street, NW., Room 6029, Washington, an in-reach program to educate NASA section of the Agency’s technical, DC 20405. Telephone: 202–501–0864. technical, procurement, and procurement, and administrative administrative personnel about personnel. The course emphasizes the Institute of Museum and Library programs and policies. The OSDBU also value-added benefit of utilizing diverse Services disseminates information about its small businesses (in addition to being in Institute of Museum and Library programs through conferences, forums, compliance with laws and regulations Services Single Point of Contact: training and development programs, that require it). On its own initiative, Rebecca W. Danvers, Ph.D., Director of counseling, promotional materials, and NASA has established a one percent Research and Technology, Institute of the Internet. A free three-day course goal as a percent of total contract value Museum and Library Services, 1100 called Training and Development for awarded yearly to Historically Black Pennsylvania Avenue NW., Room 223, Small Businesses in Advanced Colleges and Universities and other Washington, DC 20506. Phone: 202– Technologies (TADSBAT) acquaints minority educational institutions. 606–2478. Fax: 202–606–0395. E-mail: companies with the NASA culture. This NASA is promoting the integration of [email protected]. course is held four times a year at this underutilized national resource. different locations nationally. In To enhance the competitive advantage Merit Systems Protection Board addition, two forums were developed to of small businesses in the national and Merit Systems Protection Board seek high-technology firms capable of world marketplace NASA has promoted Single Point of Contact: Richard A. Dorr, participating in the Agency’s most the international quality management Merit Systems Protection Board, 1615 M complex programs. The Aerospace standard, ISO 9000. Since 1996, NASA Street NW., Suite 500, Washington, DC Technology Small Disadvantaged Forum has conducted seminars at major small 20036. Telephone: 202–653–6772 is conducted twice a year at two of the business conferences on how to get ext.1113. Fax: 202–653–7821. E-mail: aeronautics Field Centers where three to certified. The NASA OSDBU staff [email protected]. five high-tech SDBs are selected to give became the first Federal headquarters presentations to senior level technical office to become certified. The OSDBU National Aeronautics and Space managers. From the forum’s inception wants to ensure that small businesses Administration in 1993 through FY 2001, more than $85 are aware of the fundamentals of an The Office of Small and million have been awarded to some of effective teaming agreement with large Disadvantaged Business Utilization the presenters. A similar format is used prime contractors. Seminars are taught (OSDBU) promotes the utilization of for the Semi-annual Science Forums for by the Assistant Administrator for Small small, disadvantaged and women- Small Businesses. The Science Forums Business and are designed to enable owned businesses in compliance with create a ‘‘high-level marketing small businesses to understand the legal Federal laws, regulations, and policies. opportunity’’ for selected small structure of written teaming agreements, We assist such firms in obtaining businesses to present their capabilities as well as the factors to consider when contracts and subcontracts with NASA to earth science personnel at the choosing a potential teaming partner. and its prime contractors. The OSDBU Goddard Space Flight Center and to The NASA Minority Business Resource also facilitates the participation of small space science personnel at The Jet Advisory Committee (MBRAC) was businesses in NASA’s technology Propulsion Laboratory. Since the organized to include executive members transfer and commercialization inception of this program in 1997, over from disadvantaged companies who

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could advise the Administrator on how businesses is NARA’s Office of the Labor Relations Board, Division of to increase small business involvement Federal Register (see http:// Operations-Management, 1099 14th in NASA and remove regulatory www.archives.gov/federal_register/ Street, NW., Room 10204, Washington, obstacles to that end. Recommendations index.html). That office provides ready DC 20570. Telephone: 202–273–0057. have been made and implemented in access to the official text of Federal The following actions have been taken the areas of procurement source criteria, laws, Presidential documents, to provide compliance assistance to all contract fee structure, contracting goals, administrative regulations and notices, NLRB ‘‘customers’’: and the review of subcontracting plans. and descriptions of Federal • NLRB strives to improve services to The NASA Prime Contractor Roundtable organizations, programs and activities. members of the public with limited was designed to facilitate an exchange National Archives and Records English proficiency. These between NASA and its prime Administration Single Point of Contact: improvements would assist small contractors, mainly on how to increase Nancy Allard, Policy and businesses owned or managed by non- the use of small businesses in their Communications Staff, Office of the English speakers. Recent improvements respective subcontracting programs. Archivist, NARA. Telephone: 301–837– include adding a folder to its web site NASA’s Assistant Administrator for 1477. Fax: 301–837–0319. E-mail: that explains the NLRB’s function and Small Business is a board member of the [email protected]. services in Spanish. World Association of Small and • NLRB continually seeks to improve Medium Enterprises, an affiliated National Commission on Libraries & the public information officer program organization to the United Nations. Information Science in its field offices to ensure that the Through this association, NASA is able National Commission on Libraries public is assisted properly with to advise American small businesses on and Information Science Single Point of questions about their rights under the the advantages of competing in the Contact: Madeleine C. McCain, Director National Labor Relations Act (NLRA). world marketplace. of Operations, U.S. National NLRB information officers have National Aeronautics and Space Commission on Libraries and responded to over 150,000 inquires Administration Single Point of Contact: Information Science. Telephone: (202) annually. Most direct individuals to Ms. Patricia L. Dunnington, Chief 606–9200. E-mail: [email protected]. other agencies or provide explanations Information Officer, National Web site: www.nclis.gov. about the individual’s rights under the Aeronautics and Space Administration NLRA. The services provided under our (NASA), 300 E Street, SW., Washington, National Credit Union Administration public information officer program DC 20546. Telephone: (202) 358–3261. Point of Contact: Neil McNamara, assists small businesses by discouraging Fax: (202) 358–3063. E-mail: National Credit Union Administration, the filing of frivolous charges. Recently, [email protected]. 1775 Duke St., Alexandria, VA 22314– the NLRB made available to the public 3428. Telephone: (703) 518–6440. a toll-free telephone number that will National Archives & Records connect the caller directly to the NLRB’s Administration Telephone: (703) 518–6570. Other points of contact are accessible through office that is closest to caller’s residence The National Archives and Records the NCUA website at www.ncua.gov and or office. Information provided through Administration (NARA) ensures, for by telephone at (703) 518–6300. the toll-free telephone number is also citizens and Federal officials, ready available in Spanish. access to essential evidence that National Endowment for the Arts • NLRB web site contains a statement documents the rights of American National Endowment for the Arts of its Standards of Service, providing citizens, the actions of Federal officials, Single Point of Contact: William clear explanations about what parties to and the national experience. It Hummel, 1100 Pennsylvania Ave. Rm. NLRB proceedings can expect after establishes policies and procedures for 618, Washington, DC 20506. Telephone: charges and petitions are filed. Our web managing U.S. Government records and 202–682–5417. E-mail: site provides for a procedure for the assists Federal agencies in documenting [email protected]. public to comment on how our services their activities, administering records can be improved. (www.nlrb.gov) In management programs, scheduling National Endowment for the Humanities addition, the web site now makes records, and retiring noncurrent records. National Endowment for the available to members of the public, NARA accessions, arranges, describes, Humanities Single Point of Contact: including small businesses, electronic preserves, and provides access to the Susan G. Daisey, Director, Office of copies of case handling manuals, the essential documentation of the three Grant Management, National Board’s Rules and Procedures, and branches of Government; manages the Endowment for the Humanities, 1100 recently issued Board decisions and Presidential Libraries system; and Pennsylvania Avenue, NW., Room 311, other memoranda. publishes the laws, regulations, and Washington, DC 20506. Telephone: • NLRB has implemented new Presidential and other public 202–606–8494. Fax: 202–606–8633. E- procedures on its web site that enhance documents. It also assists the mail: [email protected]. the ability of parties to its proceedings Information Security Oversight Office, to communicate with the Agency which manages Federal classification National Indian Gaming Commission through e-mail and submit certain and declassification policies, and the National Indian Gaming Commission documents electronically. National Historical Publications and Single Point of Contact: Penny Coleman, • NLRB field offices are continually Records Commission, which makes Acting General Counsel, NIGC, 1441 L encouraged to expand their outreach grants nationwide to help nonprofit Street NW., Suite 9100, Washington, DC programs by speaking to business organizations identify, preserve, and 20005. Telephone: 202–632–7003. Fax: groups and labor organizations about provide access to materials that 202–632–7066. Web site: www.nigc.gov our procedures, and participating in document American history. labor-management conferences where See www.archives.gov for information National Labor Relations Board changes in the current case law are on the National Archives and Records National Labor Relations Board Single explained and discussed. Many small Administration’s programs and Point of Contact: Hugo Voogd, Deputy to businesses take advantage of these activities. One resource for small the Assistant General Counsel, National conferences so that they can learn how

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to stay in compliance with the National 20415. Telephone: (202) 606–4591. E- addresses issues raised by businesses Labor Relations Act. mail: [email protected] that sponsor defined benefit pension plans, the vast majority of which are National Mediation Board Overseas Private Investment small businesses. The RegFair Corporation National Mediation Board Single Representative is also PBGC’s Problem Point of Contact: Denise M. Vines, General Information, Small Business Resolution Officer for plan practitioners, Supervisory Finance & Administration Hotline: 1–800–CALL–SBC; (1–800– and can be reached via a toll-free Specialist, Washington, DC 20572. 225–5722), Local Area Telephone: 202– number (1–800–736–2444, ext. 4163) or Telephone: 202–692–5010. E-mail: 336–8700, Fax: 202–336–8701, E-mail: e-mail ([email protected]). [email protected]. [email protected]. Overseas Private Investment Ask an Attorney National Science Foundation Corporation Single Point of Contact: An attorney in PBGC’s Office of the National Science Foundation Single Mitchell Strauss, Small and Medium General Counsel is available by Point of Contact: Donald Senich, Enterprise Department, Overseas Private telephone or e-mail for informal advice Director, Office of Small and Investment Corporation, 1100 New York on legal issues pertaining to Disadvantaged Business Utilization Ave NW., Washington, DC 20527. compliance, enforcement, and other Research and Development, 4201 Phone: 202–408–6300. Fax: 202–408– matters of concern. The General Inquiry Wilson Blvd, Rm. 527, Arlington, VA 9866. E-mail: [email protected] Attorney can be reached via a toll-free 22230. Telephone: 703–292–7082. Fax: Peace Corps number (1–800–736–2444, ext. 4020) or 703–292–9055. E-mail: [email protected] e-mail ([email protected]). The Peace Corps, as a small Federal National Transportation Safety Board Agency, relies on and contracts with PBGC’s Web site National Transportation Safety Board small businesses for a majority of our The PBC web site (www.pbgc.gov) products and services. The Office of Single Point of Contact: Deborah Bruce, includes: Contracts maintains a list of submitted PhD, National Transportation Safety • The Small Business Guide to the contractors to match against our posted Board, Safety Studies and Statistical PBGC. This easy-to-read synopsis of all contracting requirements. The list is Analysis Division, 490 L’Enfant Plaza of a small plan sponsor’s obligations maintained for one year after East, SW., Washington, DC 20594. under ERISA and our regulations makes submission. An agency database is Telephone: 202–314–6511. E-mail: it much easier for the small business maintained for overseas contractors. To [email protected] owner to understand and comply with enroll in this database, visit our web the program requirements. The booklet Nuclear Regulatory Commission site. also contains phone numbers and other Many short-term training contractors Nuclear Regulatory Commission information on where to go for help. Single Point of Contact: Brenda Shelton, are needed for overseas services. • Contracting opportunities available are Frequently Asked Questions. Chief, NRC Records Mgmt Branch, • PBGC forms and instructions. OCIO, U.S. Nuclear Regulatory posted on our web site. Visit our web • site at www.peacecorps.gov under the Fact sheets on PBGC programs. Commission, Washington, DC 20555– • Opinion Letters. The General 0001. Telephone: 301–415–7233. Fax: heading About the Peace Corps, click on Management, and then click on Counsel issues formal opinions on legal 301–415–6434. E-mail: [email protected]. issues under Title IV of the Employee web site: http://www.nrc.gov/ Contracting Opportunities. On this web page, click on learn more to see overseas Retirement Income Security Act Compliance Assistance Information training services needed and to find (ERISA). • The Blue Book sets forth various Mauricio Vera ([email protected]) information about being added to our questions of general interest to (Telephone: 301–415–7160) is the point database. Contracts for over $25,000 are practitioners posed by representatives of of contact for small business inquiries posted on FedBizOpps. the Enrolled Actuaries Program pertaining to contracting opportunities Any questions or for further Committee, and provides answers from with NRC. Detailed information on the information, contact Ms. Judy Dawes. PBGC staff. small business program can be found at Ms.Dawes will provide assistance and • PBGC’s Annual Report provides http://www.nrc.gov/who-we-are/small- explanations in complying with Peace financial information and describes its business.html. Corps regulatory procedures and Michael Lesar ([email protected]) is the requirements for contracting. customer service, enforcement and point of contact to provide assistance to Peace Corps Single Point of Contact: compliance activities. small entities that have questions Judy Dawes, Peace Corps, Office of Note: All resources and publications regarding compliance with NRC Contracts, Deputy Director, 1111 20th available on PBGC’s website can also be regulations and/or the impact of NRC Street, NW., Room 4444, Washington, obtained by calling our Customer Service rulemakings on small entities. DC 20526. Telephone: 202–692–1624. Center (1–800–736–2444). Information on NRC’s policy and Fax: 202–692–1621. Toll Free: 800–424– Outreach procedures in this area can be found at 8580. E-mail: [email protected] http://www.nrc.gov/what-we-do/ Website: www.peacecorps.gov PBGC’s outreach efforts include: • regulatory/rulemaking/flexibility- Pension Benefit Guaranty Corporation Meetings and conferences. PBGC act.html. representatives participate in meetings Customer Service Center and conferences with pension Office of Personnel Management A toll free number (1–800–736–2444) practitioners to address issues of mutual Office of Personnel Management dedicated to pension plan concern and to get their feedback. Single Point of Contact: Tina B. administrators and plan professionals. • Focus groups. We conduct periodic McGuire, Chief, Contracting Group, focus groups to help determine ways in CCFAS, United States Office of Office of the RegFair Representative which we can better serve our Personnel Management, 1900 E Street, This office functions independently of customers; for example, with members NW., Room 1342, Washington, DC enforcement and compliance activities, of the American Society of Pension

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Actuaries (ASPA), a group which serves held and subject to registration with the Guidance http://www.sec.gov/divisions/ primarily small businesses. SEC. The SEC’s Office of Small Business marketreg/bdnetcapital.htm • Surveys. Surveys are conducted Policy, telephone number (202–942– • Staff analyses of securities laws and regularly to continuously receive 2950), should generally be the first point regulations as applied to particular feedback from our pension practitioners, of contact for any small business that legal, regulatory, or accounting issues: the majority of whom deal with the seeks compliance assistance from the Staff Interpretations http://www.sec.gov/ pension plans of small businesses. Securities and Exchange Commission. interps.shtml. This office is the primary resource for Alternative Dispute Resolution (ADR) Seminars and Classes small business issuers of securities. Policy Small regulated entities may wish to • Annual meeting to explore means to Under PBGC’s ADR policy, PBGC contact the appropriate Division or improve capital formation for small examines the suitability of using ADR to other office directly (Market Regulation business: Annual Government-Business resolve issues that would otherwise be for broker-dealers and transfer agents; Forum on Small Business Capital resolved by adversarial administrative Investment Management for investment Formation http://www.sec.gov/info/ or judicial processes. In appropriate companies and investment advisers; the smallbus/sbforum.shtml disputes, PBGC uses ADR in a good Office of Chief Accountant for Web-Based Compliance faith effort to achieve consensual accountants). resolution of issues in controversy, Members of the public seeking • Small Cap and Private Companies: including compliance and enforcement compliance assistance for Securities and http://www.sec.gov/info/smallbus/ matters. Exchange Commission regulation may qasbsec.htm Pension Benefit Guaranty Corporation contact SEC staff by mail, e-mail, or • Investment Adviser Registration: Single Point of Contact: Diane Morstein, telephone. IARD http://www.sec.gov/divisions/ Customer Service Center, Practitioner investment/iaregulation.shtml Sources of SEC Information Problem Resolution Officer. Toll Free: • Registration and disclosure • 1–800–736–2444 ext 4136. Organization and functions of the documents required to be and The public can fully resolve most SEC: The Investor’s Advocate: http:// voluntarily filed electronically: issues by calling PBGC Customer www.sec.gov/about/whatwedo.shtml EDGAR—electronic filing of SEC • Service Center staff, at 1–800–736–2444. Brief review of governing federal disclosure documents http:// regulations: The Laws That Govern the Railroad Retirement Board www.sec.gov/edgar.shtml Securities Industry http://www.sec.gov/ The Railroad Retirement Board’s about/laws.shtml Telephone Service • primary function is to administer SEC regulation of small business • Office of Small Business Policy: comprehensive retirement-survivor and capital formation and smaller public 202–942–2950 unemployment-sickness benefit companies: Q & A: Small Business and • Division of Enforcement: 202–942– programs for the nation’s railroad the SEC http://www.sec.gov/info/ 4530 workers and their families under the smallbus/qasbsec.html • Toll-Free Consumer Information: 1– • SEC regulation of securities brokers Railroad Retirement and Railroad 800–SEC–0330 Unemployment Insurance Acts. In and dealers: Compliance Guide to the • Small and minority business connection with the retirement program, Regulation of Brokers and Dealers procurement: (202) 942–4990 the RRB has administrative http://www.sec.gov/divisions/ • Public company disclosure responsibilities under the Social marketreg/bdguide.htm • requirements: 202–942–2825 Security Act for certain benefit Regulations and Forms for Small • payments and railroad workers’ Securities Issuers that issue securities Office of Interpretations and Medicare coverage. subject to SEC regulation: Regulations Guidance for Market Regulation: 202– and Forms Applicable to Small 942–0069 Railroad Retirement Board Single • Point of Contact: Ronald J. Hodapp, Businesses http://www.sec.gov/info/ Regulation of Investment Chief, Information Resources smallbus.shtml Companies and Investment Advisers: Management, Railroad Retirement • Regulations and forms for registered 202–942–0659 Board, Telephone: 312–751–3366. E- investment advisers: Investment Online/e-mail Service Adviser Regulation http://www.sec.gov/ mail: [email protected] Web site: • www.rrb.gov. divisions/investment/iard/iastuff.shtml Inquiries about federal • SEC forms and instructions for requirements for securities registration Securities and Exchange Commission registered investment advisers: and corporate disclosure: Congress created the Securities and Investment Adviser Forms http:// [email protected] • Exchange Commission in 1934 to www.sec.gov/divisions/investment/iard/ Inquiries about applicability of protect investors, and to maintain fair, iastuff.shtml securities laws to small business: honest, and efficient national securities • Procedures for obtaining accounting [email protected] markets. The Commission provides or auditing advice from the SEC’s Chief • Inquiries about the conduct of extensive compliance assistance to the Accountant’s Office: Guidance on federally-regulated securities markets: public. Small businesses subject to SEC Consulting with the Office of the Chief [email protected] regulation include: Accountant http://www.sec.gov/info/ • Inquiries about federal regulation of • Issuers of securities, accountants.shtml investment advisers: [email protected] • Investment companies and • Descriptions of most commonly • Inquiries about federal regulation of investment advisers, used SEC forms: http://www.sec.gov/ investment companies: [email protected] • Broker-dealers, and info/edgar/forms.htm Contacts • Transfer agents. • SEC regulations for recordkeeping Other businesses affected by SEC and capital requirements for securities • Homepage: http://www.sec.gov regulation include auditors of brokers and dealers: Broker-Dealer Net • News: http://www.sec.gov/ companies whose stocks are publicly Capital and Books and Records news.shtml

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• Regulatory: http://www.sec.gov/ Social Security beneficiaries, businesses www.socialsecurity.gov/bso/ about/laws.shtml; http://www.sec.gov/ that seek contracts with SSA and bsowelcome.htm. BSO is a suite of rules.shtml schools. There are four primary avenues business services including Registration • Small Business: http:// of access to these services with Services, Employer Services (Submit a www.sec.gov/info/smallbus.shtml significant overlaps among them. Wage File, W–2 Online, View Status, • E-mail: [email protected] View Notices and View Errors) and the Toll-Free Telephone Service • Phone Number: (202) 942–2950 Social Security Number Verification Securities and Exchange Commission • Employers may use the toll-free Service. The W–2 Online portion of the Single Point of Contact: Gerald Laporte, access number (800 772–1213) to verify website is designed specifically for Chief, Office of Small Business Policy, that they have the correct Social small businesses. The site allows Division of Corporation Finance, Security number (SSN) for an employee. employers to complete up to 20 W–2 Securities and Exchange Commission, This verification prevents the often forms on their computer screens. The 450 5th Street NW., Room 3501, difficult job of correcting wage reports service automatically computes the W– Washington, DC 20549–0310. made under an incorrect SSN. Up to five 2 data for them, and the report is Telephone: 202–942–2950. Fax: 202– SSNs may be verified with one call if transmitted to SSA electronically. 942–9516. E-mail: [email protected]. the employer can furnish his or her Employers can also print copies for their address and employer identification employees and for their records. Selective Service System number (EIN). If employers need to Multiple sets of 20 W–2s can be Selective Service System Single Point verify more than 5 SSNs, but less than submitted. of Contact: Calvin Montgomery, 1515 50, the teleservice representative will In 2003, almost 200,000 W–2s for Wilson Blvd., Arlington, VA 22209. advise the employer to contact the 2002 were submitted to SSA via W–2 Telephone: 703–605–4038. E-mail: nearest SSA Field Office (FO) and will Online that would have otherwise been [email protected]. provide the FO’s telephone number and submitted on paper forms. The address. There is a procedure for employer must be a registered BSO user Small Business Administration verifying more than 50 SSNs, but we do to use these services, but registration is Small businesses wanting access to not expect that to be an issue with small free. Businesses needing personalized SBA programs should call SBA’s businesses. assistance with wage reporting can Answer Desk toll-free or e-mail • New employers wishing to apply follow a link, http:// [email protected]. In many cases, the for an EIN may also call 800–772–1213 www.socialsecurity.gov/employer/ SBA information technician receiving a and request that application form SS–4, wage_reporting_specialists.htm, to find call will directly answer the question. If Application for Employer Identification a current list of Employer Services a matter needs attention from a Number, be sent to them along with the Liaison Officers in each region who are particular program specialist in the Internal Revenue Service (IRS) available to discuss specific wage caller’s immediate area of the country, publication, Instructions for Form SS–4. reporting issues by phone. The Social the SBA Answer Desk can put the caller • SSA maintains the SSA Employer Security personnel can help callers with in touch with a specific individual in an Reporting Service Center at 800 772– all questions about how to submit W– SBA District Office or program office. 6270 or online at http:// 2s to SSA. The telephone numbers are SBA Answer Desk: 6302 Fairview www.socialsecurity.gov/employer/. It not toll-free. Road, Suite 300, Charlotte, North can also be reached online from the SSA • SSA’s Office of Acquisition and Carolina 28210. Answer Desk TTY: employer portal page. The Center can Grants (OAG) maintains a website, (704) 344–6640. 1–800–UASK–SBA (1– provide detailed information on the best www.socialsecurity.gov/oag, which 800–827–5722). TTY Directory [Text] or way for an employer to report wages. An contains acquisition information to [PDF]. Send e-mails to: employer calling the main SSA 800 assist small businesses interested in [email protected]. number and wanting more in-depth doing business with SSA. SSA’s policies Other good ways to access compliance information about reporting wages, etc., make doing business with the Agency information about SBA programs are will be referred to this number or easy for small businesses. All contracts going to the SBA website’s frequently website. are offered on an ‘‘open bid’’ basis, asked questions about SBA programs at • Organizational Representative which means the bidding contractor http://app1.sba.gov/faqs/ or to SBA’s Payees include governmental or non- does not have to be on any specific list main webpage http://www.sba.gov/. profit social service agencies that of approved contractors. Some contracts Small Business Administration Single manage benefits for beneficiaries who are reserved for award to small Point of Contact: Ms. Jacqueline K. are not able to manage benefits on their businesses only. White, Chief , Administrative own and who have no friends or • SSA maintains a website, Information Branch, U.S. Small relatives suitable or willing to be www.socialsecurity.gov/payee, Business Administration, 409 3rd Street, payees. Organizational representative dedicated to Representative Payee SW., MC5101, Washington, DC 20416– payees who must deal with the many requirements and responsibilities. This 0005. Telephone: 202–205–7044. Fax: issues that arise with beneficiaries who is significant, because many 202–481–2916. E-mail: cannot manage their own benefits, beneficiaries who need a payee have no [email protected]. including changes in address or family or friends willing to serve in this circumstances, non-receipt of check, capacity. As a result, many small social Social Security Administration work issues and many other issues, can service organizations serve as payees. The majority of the services listed interact with SSA primarily by calling This website makes it easy for small below are offered as a part of the Social the main 800 number. businesses to apply and be approved as Security Administration’s (SSA) service an organizational payee. Training to the business community in general, Online Services materials for payees are available at the not specifically to small businesses. • The SSA website, http:// website, including a written lesson, a These services are directed primarily to www.socialsecurity.gov, contains a link PowerPoint presentation and a video. employers, businesses or organizations that directs businesses to the Business The written material and the that serve as representative payees to Services Online (BSO) website, http:// PowerPoint program can be downloaded

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from the website, and the video can be • SSA holds The National Payroll 20423–0001. Telephone: 202–565–1727. ordered. Interested parties can request Reporting Forum on an annual basis at E-mail: [email protected]. the material, including the video, on a its Baltimore headquarters. This forum Tennessee Valley Authority compact disk. was established in 1990 so that Federal • SSA must verify the full time agencies and the business community Business Incubation Program attendance of certain students by asking could gather, identify, discuss and school officials to complete a form resolve common wage and tax reporting Over the years, TVA has provided certifying that the student/beneficiary is issues. This forum has had a significant capital to help communities establish in full time attendance at the school. effect on the accuracy of the wage data business incubators to support new and School officials can access a dedicated submitted to SSA. The forum also expanding enterprises. The TVA website, http://www.socialsecurity.gov/ provides the business community an Business Incubation Network includes schoolofficials/, which explains the opportunity to have a voice in 24 operational sites across the Valley verification process, why the initiatives that will ultimately affect the where tenants share services, information is needed and what is way it does business. The forum is equipment, and building space. TVA expected of them. The site also has a attended by many small companies from provides technical and financial ‘‘Frequently Asked Questions’’ page for the surrounding states as well as by assistance to members of the TVA- school officials and also a page, http:// national payroll organizations and supported network and also maintains www.socialsecurity.gov/schoolofficials/ service bureaus. The Agency is holding the Business Incubator Tenant Loan _ faqs students.htm, for students. School the 2004 conference on May 20, 2004 at Fund, a revolving fund that helps officials and students are able to SSA headquarters in Baltimore. tenants meet short-term needs for cash download the form if they lose the form • SSA’s Office of Small and flow and operating capital. they received from SSA. Disadvantaged Business Utilization Online Business Resource Center Publications assists small businesses by scheduling one-on-one meetings and participating TVA’s Web-based center serves as an • SSA publishes a quarterly in various procurement trade shows and information gateway to valuable public newsletter in conjunction with the IRS conferences. and private resources on called the ‘‘SSA–IRS Reporter.’’ This Social Security Administration Single entrepreneurship, financial and newsletter is mailed by IRS along with Point of Contact: Elizabeth A. Davidson, technical assistance, industrial Form 941, Employer’s Quarterly Federal SSA Reports Clearance Officer, 1338 organizations, and business services. Tax Return. It contains up-to-date wage Annex Building, 6401 Security Topics range from setting up a business and tax reporting information. While it Boulevard, Woodlawn, MD 21235. plan to finding capital, paying taxes, is mailed to all employers, surveys show Telephone: 410–965–0454. Fax: 410– and marketing. The site provides access that it is predominately read by small 965–6400. E-Mail: to the programs and services offered by business owners. • [email protected]. TVA, other Tennessee Valley The Employer’s Guide to Filing organizations, and nationwide Timely and Accurate W–2 Wage Reports Surface Transportation Board resources. Visit the Online Business is available both in hard copy and on The Surface Transportation Board Resource Center at www.tva.com/ the SSA website at http:// (STB) is an independent adjudicatory econdev/obr. www.socialsecurity.gov/employer/ body administratively housed within pub.htm. This pamphlet (SSA Pub. No. Minority Business Development the Department of Transportation. STB 16–004) explains an employer’s Program is responsible for the economic responsibilities, how to file, where to regulation of interstate surface TVA supports the growth and file, how to avoid common reporting transportation, primarily railroads, expansion of minority and socially and errors, how to correct them, finding within the United States. STB’s mission economically disadvantaged businesses help, etc. • The publication, A Guide for is to ensure that competitive, efficient with diverse packages of technical, Farmers, Growers and Crew Leaders and safe transportation services are capital, and managerial assistance. A (SSA Publication No. 05 10025), provided to meet the needs of shippers, key feature of the program is the provides information on Social receivers and consumers. In furtherance Minority Business Development Loan Security’s benefit package and how to of its mission, STB provides a number Fund (MBDLF), a revolving fund that report income to SSA. This guide is of services that small businesses might provides for loans ranging from $50,000 available on SSA’s website at http:// find useful: to $500,000. Through the MBDLF and • General Information: 202–565–1500 the Valley Coalition, a partnership www.socialsecurity.gov/employer/ • pub.htm. Procurement: 202–565–1701 between TVA and regional banks, TVA • Public Services: 202–565–1592 promotes job creation and stimulates Outreach (how to participate in agency capital investment in the Valley. • SSA participates in a number of proceedings) Small and Minority Business Mentoring IRS-related events. Staff attend six tax • Library/publications: 202–565– seminars a year presented by IRS. SSA 1668 Small and minority businesses that staffs a booth at these public seminars • Rail Consumer Assistance (toll provide services to TVA receive support and also provides a 11⁄2-hour workshop free): 866–254–1792 through TVA’s mentoring program, on employer reporting. A number of • Home page: www.stb.dot.gov which helps these firms grow and small businesses attend these • Publications: Overview— enhance their business operations. workshops. SSA staff make Abandonments and Alternatives to Assistance includes matching suppliers presentations at eight payroll reporting Abandonments; So You Want to Start a with business opportunities, identifying conferences each year in different parts Small Railroad key business contacts, encouraging joint of the country. These conferences are Surface Transportation Board Single ventures and alliances, and linking TVA attended primarily by larger businesses, Point of Contact: Anne K. Quinlan, 1925 procurement needs with manufacturers but they are open to any business. K Street, NW., Ste. 894, Washington, DC and businesses in the Tennessee Valley.

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Partners In addition, the Board participates in decision about Civil Service or Federal TVA’s economic development a wide range of training programs and Employees retirement, Federal or programs are delivered in partnership conferences throughout the country Retired Federal Employees Health with public and private organizations. every year. Information on upcoming Benefits requests to enroll or change Some of our partners are: events is available from the Board and enrollment, or Federal Employees’ • Distributors of TVA power is posted on its Web site at http:// Group Life Insurance coverage. This • Chambers of commerce and local www.access-board.gov/ form lists the procedures and time economic development authorities research&training/Training.htm. The periods required for requesting • TVA-supported business incubators Board also publishes a host of guidance reconsideration. • State departments of economic and materials on its design requirements and Comments are particularly invited on: community development other aspects of accessible design. Board whether this information is necessary • The U.S. Small Business publications are available in a variety of for the proper performance of functions Administration accessible formats. Copies of all Board of the Office of Personnel Management, • The U.S. Department of publications are available free from the and whether it will have practical Commerce’s Minority Business Board, including through its Web site at utility; whether our estimate of the Development Agency http://www.access-board.gov/indexes/ public burden of this collection of • Small business development pubsindex.htm. information is accurate, and based on U.S. Access Board Single Point of centers valid assumptions and methodology; Contact: Elizabeth Stewart, Deputy • U.S. Department of Agriculture and ways in which we can minimize the General Counsel, U.S. Access Board, Rural Development burden of the collection of information 1331 F Street NW., Suite 1000, • The Valley Coalition, a public/ on those who are to respond, through Washington, DC 20004. Telephone: private lending and business assistance the use of appropriate technological (202) 272–0042. TTY: (202) 272–0082. partnership between TVA and techniques or other forms of information Fax: (202) 272–0081. E-mail: participating Valley financial technology. [email protected]. institutions. Approximately 3,100 annuitants and Small Business Assistance Web site: U.S. International Trade Commission survivors request reconsideration http://www.tva.com/econdev/ annually. We estimate it takes U.S. International Trade Commission approximately 45 minutes to apply. The smallbiz.htm Single Point of Contact: John Greer, 500 Tennessee Valley Authority Single annual burden is 2,325 hours. E St. SW., Washington DC 20436. For copies of this proposal, contact Point of Contact: Philip S. McMullan, Telephone: 202–205–3141. Fax: 202– Mary Beth Smith-Toomey on (202) 606– Project Manager, Business Growth and 205–2139. E-mail: [email protected]. 8358, FAX (202) 418–3251 or via E-mail Innovation, TVA. Telephone: 615–232– to [email protected]. Please include a 6227. Fax: 615–232–6189. E-mail: U.S. Trade Representative mailing address with your request. [email protected] Web site: U.S. Trade Representative Single DATES: www.tva.com/econdev/obr Point of Contact: Gregory M. Walters, Comments on this proposal should be received within 60 calendar Morris K. Udall Foundation Director of Small Business Affairs, Office of the U.S. Trade Representative, days from the date of this publication. Morris K. Udall Foundation Single 600 17th Street, NW., Washington, DC ADDRESSES: Send or deliver comments Point of Contact: Ellen Wheeler, Deputy 20508. Telephone: (202) 395–6120. Fax: to—Ronald W. Melton, Chief, Operation Executive Director and General Counsel, (202) 395–3692. E-Mail: Support Group, Center for Retirement Morris K. Udall Foundation, 130 S. [email protected]. and Insurance Services, U.S. Office of Scott Avenue, Tucson, AZ 85701. Personnel Management, 1900 E Street, Telephone: 520–670–5529. Fax: 520– [FR Doc. 04–14659 Filed 6–25–04; 8:45 am] NW., Room 3349A, Washington, DC 670–5530. E-mail: [email protected] BILLING CODE 3110–01–P 20415–3540. For Information Regarding U.S. Access Board Administrative Coordination, Contact: The U.S. Access Board (Board) OFFICE OF PERSONNEL Cyrus S. Benson, Team Leader, develops and maintains accessibility MANAGEMENT Publications Team, RIS Support guidelines and standards for the built Services/Support Group, (202) 606– environment, transportation vehicles, Proposed Collection; Comment 0623. Request for Review of a Revised electronic and information technology Office of Personnel Management. and telecommunications. These design Information Collection: RI 38–47 Kay Coles James, requirements are used to enforce several AGENCY: Office of Personnel Director. different laws, including the Americans Management. [FR Doc. 04–14579 Filed 6–25–04; 8:45 am] with Disabilities Act. A key part of the ACTION: Notice. Board’s mission is providing technical BILLING CODE 6325–38–U assistance on the design requirements it SUMMARY: In accordance with the develops and maintains. Information Paperwork Reduction Act of 1995 (Pub. about any of the Board’s guidelines or L. 104–13, May 22, 1995), this notice OFFICE OF PERSONNEL standards or accessible design can be announces that the Office of Personnel MANAGEMENT obtained through the Board’s toll free Management (OPM) intends to submit to Proposed Collection; Comment numbers at 800–872–2253 (v) and 800– the Office of Management and Budget a Request for Review of an Existing 993–2822 (TTY); through fax at 202– request for review of a revised Information Collection: Court Orders 272–0081; mail addressed to U.S. information collection. Information and Affecting Retirement Benefits, 5 CFR Access Board 1331 F St. NW., Ste. 1000, Instructions on Your Reconsideration 838.221, 838.421, and 838.721 Washington, DC 20004; e-mail to Rights, RI 38–47, outlines the [email protected] or from the Board’s procedures required to request AGENCY: Office of Personnel Web site http://www.access-board.gov. reconsideration of an initial OPM Management.

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ACTION: Notice. SECURITIES AND EXCHANGE of information; (c) ways to enhance the COMMISSION quality, utility and clarity of the SUMMARY: In accordance with the information to be collected; and (d) Paperwork Reduction Act of 1995 Proposed Collection; Comment ways to minimize the burden of the (Public Law 104–13, May 22, 1995), this Request collection of information on notice announces that the Office of Upon Written Request, Copies Available respondents, including through the use Personnel Management (OPM) has From: Securities and Exchange of automated collection techniques or submitted to the Office of Management Commission, Office of Filings and other forms of information technology. and Budget a request for review of an Information Services, Washington, DC Consideration will be given to existing information collection. The 20549 comments and suggestions submitted in writing within 60 days of this regulations describe how former Extension: publication. spouses give us written notice of a court Form BD–N/Rule 15b11–1, SEC File No. Please direct your written comments order requiring us to pay benefits to the 270–498, OMB Control No. 3235–0556. to R. Corey Booth, Director/Chief former spouse. Specific information is Notice is hereby given that, pursuant Information Officer, Office of needed before OPM can make court- to the Paperwork Reduction Act of 1995 Information Technology, Securities and ordered benefit payments. (44 U.S.C. 3501 et seq.), the Securities Exchange Commission, 450 Fifth Street, Comments are particularly invited on: and Exchange Commission NW., Washington, DC 20549. Whether this collection of information (‘‘Commission’’) is soliciting comments on the collection of information Dated: June 21, 2004. is necessary for the proper performance Margaret H. McFarland, of functions of the Office of Personnel summarized below. The Commission plans to submit this existing collection Deputy Secretary. Management, and whether it will have of information to the Office of [FR Doc. 04–14583 Filed 6–25–04; 8:45 am] practical utility; whether our estimate of Management and Budget for extension BILLING CODE 8010–01–U the public burden of this collection of and approval. information is accurate, and based on Rule 15b11–1 and Form BD–N (17 valid assumptions and methodology; CFR 249.501b) serve as the form of SECURITIES AND EXCHANGE and ways in which we can minimize the notice for futures commission COMMISSION burden of the collection of information merchants and introducing brokers that on those who are to respond, through register as broker-dealers by notice [Release No. 34–49889; File No. SR–Amex– 2004–34] the use of appropriate technological pursuant to Section 15(b)(11)(A) of the techniques or other forms of information Exchange Act. Specifically, the form Self-Regulatory Organizations; Notice technology. requires a broker-dealer registering by of Filing and Order Granting Approximately 19,000 former spouses notice to indicate whether it is filing a Accelerated Approval of Proposed notice registration to conduct a apply for benefits based on court orders Rule Change by American Stock securities business in security futures annually. We estimated it takes Exchange LLC Relating to the products and if so, that it satisfies the approximately 30 minutes to collect the Handling of Principal Acting as Agent statutory conditions for notice Orders information. The annual burden is 9,500 registration. hours. The total annual burden imposed by June 17, 2004. For copies of this proposal, contact Rule 15b11–1 and Form BD–N is Pursuant to section 19(b)(1) of the Mary Beth Smith-Toomey on (202) 606– approximately 36 hours, based on Securities Exchange Act of 1934 8358, fax (202) 418–3251 or via e-mail approximately 79 responses (65 initial (‘‘Act’’) 1, and Rule 19b–4 2 thereunder, to [email protected]. Please include a filings + 14 amendments). Each initial notice is hereby given that on May 13, mailing address with your request. filing requires approximately 30 2004, the American Stock Exchange LLC minutes to complete and each (‘‘Amex’’ or ‘‘Exchange’’) filed with the DATES: Comments on this proposal amendment requires approximately 15 Securities and Exchange Commission should be received within 60 calendar minutes to complete. There is no annual (‘‘SEC’’ or ‘‘Commission’’) the proposed days from the date of this publication. cost burden. rule change as described in Items I and ADDRESSES: Send or deliver comments The Commission will use the II, below, which Items have been to—Ronald W. Melton, Chief, information collected pursuant to Rule prepared by the Amex. The Commission 15b11–1 to elicit basic identification Operations Support Group, Center for is publishing this notice to solicit information as well as information that Retirement and Insurance Services,U.S. comments on the proposed rule change will allow the Commission to ensure Office of Personnel Management, 1900 E from interested persons and to grant that the futures commission merchants Street, NW., Room 3349A, Washington, accelerated approval to the proposed and introducing brokers meet the rule change. DC 20415–3540. statutory conditions to register by notice I. Self-Regulatory Organization’s FOR FURTHER INFORMATION CONTACT: pursuant to Section 15(b)(11) of the Statement of the Terms of Substance of Cyrus S. Benson, Team Leader, Exchange Act. This information will the Proposed Rule Change Publications Team, RIS Support assist the Commission in fulfilling its Services/Support Group, (202) 606– regulatory obligations. The Exchange proposes to amend the 0623. Written comments are invited on: (a) requirements regarding the handling of Whether the proposed collection of Principal Acting as Agent Order (‘‘P/A Office of Personnel Management. information is necessary for the proper Orders’’) pursuant to the options Kay Coles James, performance of the functions of the intermarket linkage (the ‘‘Linkage’’). The Director. agency, including whether the text of the proposed rule change is [FR Doc. 04–14581 Filed 6–25–04; 8:45 am] information shall have practical utility; 1 BILLING CODE 6325–38–P (b) the accuracy of the agency’s estimate 15 U.S.C. 78s(b)(1). of the burden of the proposed collection 2 17 CFR 240.19b–4.

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available at the Office of the Secretary, the entire remaining size of the C. Self-Regulatory Organization’s the Amex and at the Commission. underlying customer order or 100 Statement on Comments on the Proposed Rule Change Received From II. Self-Regulatory Organization’s contracts. Members, Participants or Others Statement of the Purpose of, and The proposed rule change addresses Statutory Basis for, the Proposed Rule the handling of orders if the specialist No written comments were solicited Change chooses the second alternative, the or received with respect to the proposed In its filing with the Commission, the sending of multiple P/A Orders. As rule change. Exchange included statements currently drafted, the Linkage Plan and III. Solicitation of Comments concerning the purpose of and basis for Rule do not recognize the possibility the proposed rule change and discussed that an exchange’s disseminated Interested persons are invited to any comments it received on the quotation may be for less than either the submit written data, views, and proposed rule change. The text of these remaining size of the customer order or arguments concerning the foregoing, statements may be examined at the 100 contracts. Thus, the proposed rule including whether the proposed rule change is consistent with the Act. places specified in Item III below. The change specifies that a specialist Comments may be submitted by any of Exchange has prepared summaries, set sending a second P/A Order may limit the following methods: forth in sections A, B, and C below, of such order to the lesser of: (1) The the most significant aspects of such remaining size of the customer order; (2) Electronic Comments statements. 100 contracts; or (3) the size of the • Use the Commission’s Internet A. Self-Regulatory Organization’s receiving exchange’s disseminated comment form (http://www.sec.gov/ Statement of the Purpose of, and the quotation. rules/sro.shtml); or Statutory Basis for, the Proposed Rule In addition, there is a practical issue • Change Send an e-mail to rule- if multiple exchanges are displaying the [email protected]. Please include File 1. Purpose same bid or offer. In that case, the Number SR–Amex–2004–34 on the The purpose of this proposed rule Linkage Plan is unclear as to whether a subject line. change is to implement proposed Joint specialist must send the entire order to Paper Comments Amendment No. 10 to the Plan for the one exchange or can send orders to Purpose of Creating and Operating an multiple exchanges, as long as they are • Send paper comments in triplicate Intermarket Options Linkage (the for the size of the entire order or 100 to Jonathan G. Katz, Secretary, ‘‘Linkage Plan’’).3 Joint Amendment No. contracts, in the aggregate. This Securities and Exchange Commission, 10 to the Linkage Plan, together with proposed rule change clarifies Amex 450 Fifth Street, NW., Washington, DC this proposed rule change, proposes to Rule 941 to specify that a specialist may 20549–0609. clarify the manner in which an Amex send P/A Orders to multiple exchanges, All submissions should refer to File member may send P/A Orders that are as long as all such orders, in the Number SR–Amex–2004–34. This file larger than the Firm Customer Quote aggregate, are for the lesser of the entire number should be included on the Size (‘‘FCQS’’). A P/A Order is an order remaining size or 100 contracts. subject line if e-mail is used. To help the for the account of an Amex specialist (or However, as is the case when only one Commission process and review your specialist equivalent on another options exchange is at the NBBO, a specialist comments more efficiently, please use exchange) reflecting the terms of an may limit the size of any single only one method. The Commission will unexecuted customer order for which additional order to the size of the post all comments on the Commission’s the Amex specialist is acting as agent. receiving exchange’s disseminated Internet Web site (http://www.sec.gov/ The FCQS is the minimum size for quotation. rules/sro.shtml). Copies of the which an exchange must provide an submission, all subsequent 2. Statutory Basis execution in its automatic execution amendments, all written statements system for a P/A Order, if the The proposed rule change is with respect to the proposed rule exchange’s automatic execution system 4 change that are filed with the is available. consistent with section 6(b) of the Act in general and furthers the objectives of Commission, and all written Currently, Linkage Plan section communications relating to the 7(a)(ii)(B) and Amex Rule 941 (the section 6(b)(5) 5 in particular in that it is designed to prevent fraudulent and proposed rule change between the ‘‘Rule’’) provide an Amex specialist Commission and any person, other than manipulative acts and practices, with two ways to handle P/A Orders those that may be withheld from the promote just and equitable principles of that are larger than the FCQS. The public in accordance with the trade, remove impediments to and specialist may send a P/A Order provisions of 5 U.S.C. 552, will be (representing the entire public customer perfect the mechanisms of a free and available for inspection and copying in order) larger than the FCQS for manual open market and a national market the Commission’s Public Reference processing at the receiving exchange. system, and, in general, protect Section, 450 Fifth Street, NW., Alternatively, the specialist may send investors and the public interest. Washington, DC 20549. Copies of such an initial P/A Order for up to the FCQS filing also will be available for to be executed in the automatic B. Self-Regulatory Organization’s Statement on Burden on Competition inspection and copying at the principal execution system of the receiving offices of the Amex. All comments exchange, if available. If the specialist The proposed rule change will impose received will be posted without change; then seeks to send another P/A Order, no burden on competition. the Commission does not edit personal it must send an order for the lesser of identifying information from submissions. You should submit only 3 See Securities Exchange Act Release No. 49689 (May 12, 2004), 69 FR 28953 (May 19, 2004) (File information that you wish to make No. 4–429) (Notice of Filing of Joint Amendment 4 15 U.S.C. 78f(b). available publicly. All submissions No. 10 to the Linkage Plan). 5 15 U.S.C. 78f(b)(5). should refer to File Number SR–Amex–

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2004–34 and should be submitted on or For the Commission, by the Division of summaries, set forth in Sections A, B, before July 19, 2004. Market Regulation, pursuant to delegated and C below, of the most significant authority.11 aspects of such statements. IV. Commission’s Findings and Order Margaret H. McFarland, A. Self-Regulatory Organization’s Granting Accelerated Approval of Deputy Secretary. Proposed Rule Change Statement of the Purpose of, and [FR Doc. 04–14585 Filed 6–25–04; 8:45 am] Statutory Basis for, the Proposed Rule The Commission finds that the BILLING CODE 8010–01–P Change proposed rule change, as amended, is 1. Purpose consistent with the requirements of the SECURITIES AND EXCHANGE On June 19, 2001, the Commission Act and the rules and regulations COMMISSION thereunder applicable to a national approved the Exchange’s proposal to securities exchange.6 In particular, the [Release No. 34–49892; File No. SR–Amex– permit the automatic execution of orders for Exchange Traded Funds Commission finds that the proposed 2004–46] (‘‘ETFs’’) on a six-month pilot program rule change is consistent with the Self-Regulatory Organizations; basis.3 On December 20, 2001, June 17, requirements of section 6(b)(5) of the American Stock Exchange LLC; Notice 2002, December 30, 2002, July 17, 2003, 7 Act which requires, among other of Filing and Immediate Effectiveness and December 5, 2003, the Exchange things, that the rules of an exchange be of Proposed Rule Change Relating to extended the pilot for consecutive terms designed to promote just and equitable an Extension of Automatic Execution of six months.4 The Exchange now seeks principles of trade, to remove for Exchange Traded Funds to extend the pilot until the impediments to and perfect the implementation of the new technology mechanism of a free and open market, June 18, 2004. embodied in SR-Amex 2004–04 or and to protect investors and the public Pursuant to Section 19(b)(1) of the another six months, whichever is interest. The Commission believes that Securities Exchange Act of 1934 sooner. 1 2 the proposed rule change should clarify (‘‘Act’’), and Rule 19b–4 thereunder, Since 1986, the Exchange has had an the specialist’s obligations in handling notice is hereby given that on June 7, automatic order execution feature P/A Orders, which should facilitate the 2004, the American Stock Exchange LLC (‘‘Auto-Ex’’) for eligible orders in listed (‘‘Amex’’ or ‘‘Exchange’’) filed with the efficient handling of P/A Orders through options. The Chicago Board Options Securities and Exchange Commission the Linkage. Exchange, Inc., the Philadelphia Stock (‘‘Commission’’) the proposed rule Exchange, Inc., and the Pacific Stock The Commission finds good cause for change as described in Items I, II and III Exchange, Inc. established similar approving the proposed rule change below, which the Amex has prepared. automatic option order execution prior to the thirtieth day after the date The Commission is publishing this features at about the same time as the of publication of the notice thereof in notice to solicit comments from Amex, and the newest options the Federal Register. As noted above, interested persons on the proposed rule exchange, the International Stock the proposed rule change incorporates change. Exchange, Inc., also features automatic changes into the Amex Rules that I. Self-Regulatory Organization’s order execution. Auto-Ex, accordingly, correspond to changes made to the Statement of the Terms of Substance of has been a standard feature of the Linkage Plan through Joint Amendment the Proposed Rule Change options markets for a number of years. No. 10, which was published for In 1993, the Amex commenced comment on May 19, 2004.8 The The Amex seeks an extension of trading Standard and Poor’s Depositary   Commission received no comments on Amex Rule 128A to continue its pilot Receipts (‘‘SPDRs ’’), the first of the program for the automatic execution of the substance of that Amendment. The Exchange’s increasingly popular ETFs. orders for Exchange Traded Funds until Commission believes that no new issues ETFs are individual securities that the implementation of the new of regulatory concerns are being raised represent a fractional, undivided technology embodied in SR–Amex interest in a portfolio of securities. by Amex’s proposed rule change. The 2004–04 or six months, whichever is Currently, more than 100 ETFs are listed Commission believes, therefore, that sooner. on the Amex. Like options, ETFs are a granting accelerated approval of the The text of the proposed rule change derivative security. Their price is a proposed rule change is appropriate and is available at the Office of the function of the value of the portfolio of consistent with sections 6 and 19(b) of Secretary, the Amex and at the securities underlying the ETF. Thus, as the Act.9 Commission. is the case with options, the Exchange V. Conclusion II. Self-Regulatory Organization’s is not the price discovery market for Statement of the Purpose of, and ETFs; the price discovery market is the It is therefore ordered, pursuant to Statutory Basis for, the Proposed Rule market or markets where the underlying 10 section 19(b)(2) of the Act, that the Change securities trade. proposed rule change (SR–Amex–2004– The Exchange is now proposing to 34) is approved on an accelerated basis. In its filing with the Commission, the extend its current Auto-Ex technology Amex included statements concerning the purpose of and basis for its proposal 3 See, Securities Exchange Act Release No. 34– 44449 (June 19, 2001), 66 FR 33724 (June 25, 2001), 6 In approving this proposed rule change, the and discussed any comments it had received regarding the proposal. The approving File No. SR–Amex–2001–29. Commission has considered the proposed rule’s 4 See, Securities Exchange Act Release Nos. impact on efficiency, competition, and capital text of these statements may be 45176, 66 FR 67582 (December 31, 2001); 46085, 67 formation. 15 U.S.C. 78c(f). examined at the places specified in Item FR 42836 (June 25, 2002); 47105, 68 FR 592 7 15 U.S.C. 78f(b)(5). IV below. The Amex has prepared (January 6, 2003); and 48126, 68 FR 41189 (July 10, 8 See Securities Exchange Act Release No. 49689 2003) (notices of filing and immediate effectiveness of File Nos. SR–Amex–2001–105, SR–Amex–2002– (May 12, 2004), 69 FR 28953. 11 17 CFR 200.30–3(a)(12). 42, SR–Amex–2002–99, and SR–Amex–2003–61, 9 15 U.S.C. 78f and 78s(b). 1 15 U.S.C. 78s(b)(1). 48964, 68 FR 75664 (December 31, 2003) SR– 10 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. Amex–2003–107, respectively).

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for an additional six months to ETFs electronic order book.5 Using the variation that may be adjusted security listed under Amex Rules 1002, 1002A, example above, if the Amex bid were to security. The Committee will and 1202. This will provide investors 90, and an away ITS market were determine, upon the request of a that send eligible orders to the Exchange bidding 90.01, an incoming sell order specialist, the minimum and maximum with faster executions than they would be automatically executed on the spreads at which Auto-Ex will be otherwise would receive. Many Amex at 90.02. (Recall that Auto-Ex in unavailable. investors desire rapid executions in the example is programmed to execute Auto-Ex will be unavailable with trading securities that are priced the order at the Amex bid plus two derivatively since the value of the ticks.) Continuing the example, if the respect to incoming sell orders when the underlying instruments may fluctuate away market were bidding 90.02, an Amex bid is for 100 shares. Auto-Ex will during order processing. The Amex, incoming sell order would be similarly be unavailable with respect to moreover, will incorporate a price automatically executed on the Amex at incoming buy orders when the Amex improvement algorithm into Auto-Ex for 90.02 (matching the away market). If the offer is for 100 shares. Orders that are ETFs. This will provide investors with away market were bidding 90.03, the otherwise Auto-Ex eligible orders also better execution prices on their orders. incoming sell order would not be will be routed to the specialist and will The price improvement algorithm works automatically executed. Instead, it not be automatically executed in in the following manner. would be routed to the specialist for situations where the specialist in When the Amex establishes the electronic processing through the conjunction with a Floor Governor or National Best Bid or Offer (‘‘NBBO’’), electronic order book. two Floor Officials determines that Auto-Ex will be programmed to execute The amount of price improvement quotes are not reliable and the Exchange eligible incoming ETF orders at the will be determined by the Auto-Ex is experiencing communications or Amex Published Quote (‘‘APQ’’) plus a Enhancements Committee systems problems, ‘‘fast markets,’’ or programmable number of trading (‘‘Committee’’) upon the request of a delays in the dissemination of quotes. increments with respect to the Amex specialist and may differ among ETFs. Members and member organizations bid, and less a programmable number of The Committee consists of the will be notified when the Exchange has trading increments in the case of the Exchange’s four Floor Governors and determined that quotes are not reliable Amex offer. For example, if the Amex the Chairmen (or their designees) of the prior to disengaging Auto-Ex. Published Quote were 90.10 to 90.20, Specialists Association, Options Market and the APQ constituted the NBBO, Makers Association and the Floor Specialists and Registered Options incoming sell orders might be Brokers Association. The Exchange Traders that sign-on to the system will automatically executed at 90.12 (the anticipates that the amount of price be automatically allocated the contra Amex bid plus two ticks) and incoming improvement will vary among securities side of Auto-Ex trades for ETFs. Due to buy orders might be executed at 90.18 based upon factors such as the width of the automatic price improvement (the Amex offer less two ticks). If the the spread, the volatility of the feature, the specialist and Registered Amex did not constitute the NBBO, underlying basket of securities, and Options Traders that sign onto Auto-Ex Auto-Ex would execute eligible orders liquidity of available hedging vehicles. for ETFs will be deemed to be on parity unless a trade through would result The amount of price improvement may for purposes of allocating the contra from an away ITS participant market. If be adjusted intra-day. Auto-Ex for ETFs side of ETF Auto-Ex trades. The a trade through would result, the order with price improvement will be Exchange proposes to use the following would be routed to the specialist for unavailable when the spread is at a methodology for the allocation of the electronic processing through the Amex specified minimum and maximum contra side to Auto-Ex ETF trades.

Approximate number of Approximate number of trades allocated to trades allocated to the ROTs signed on to Number of ROTs signed on to Auto-Ex in a crowd specialist throughout the Auto-Ex throughout the day (‘‘Target Ratio’’) day (‘‘Target Ratio’’) (percent) (percent)

1 ...... 60 40 2–4 ...... 40 60 5–7 ...... 30 70 8–15 ...... 25 75 16 or more ...... 20 80

At the start of each trading day, the have signed-on to the system so that the determining target ratios and allocating sequence in which trades will be specialist and the crowd achieve their trades within Auto-Ex. allocated to the specialist and ‘‘target ratios’’ over the course of a Round lot orders delivered to the post Registered Options Traders signed-on to trading session. If an Auto-Ex eligible electronically for 2,000 shares or less are Auto-Ex will be randomly determined. order is greater than 100 shares, Auto- eligible for Auto-Ex for ETFs. Orders for Auto-Ex trades then will be Ex will divide the trade into lots of 100 an account in which a market maker in automatically allocated in sequence on shares each. Each lot will be considered ETFs registered as such on another a rotating basis to the specialist and to a separate trade for purposes of market has an interest are ineligible for the Registered Options Traders that Auto-Ex for ETFs. If orders for such

5 Once an order that is Auto-Ex eligible is sent to Ex or is executed by the specialist because Auto- order is for the account of a broker-dealer or for the the Exchange, the person that initiated the order has Ex is unavailable. If the order is routed to the account of a customer. This information is in the no control over its execution. This is the case specialist for handling because Auto-Ex is Exchange’s order processing systems and is regardless of whether the order is executed by Auto- unavailable, the specialist does not know if the unavailable to the specialist.

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market makers were eligible for Auto-Ex and a national market system, and, in The Commission believes that with price improvement, Amex general, to protect investors and the waiving the five-day notice and the 30- specialists and Registered Options public interest; and is not designed to day operative delay is consistent with Traders would be unable to make permit unfair discrimination between the protection of investors and the markets with the proposed liquidity for customers, issuers, brokers and dealers. public interest 12 because it will allow other investors. (Orders for Amex The Amex believes that the proposed the Amex to continue to the pilot Registered Traders are ineligible for rule change will allow the Auto-Ex for without interruption. For these reasons, Auto-Ex for ETFs pursuant to ETFs pilot program to continue for an the Commission designates the Commentaries .04 and .05 to Amex Rule additional six months. The Amex proposed rule change as effective and 111 and Amex Rule 950(c).) further believes that the proposal will operative on June 7, 2004. At any time The specialist may request the facilitate the comparison and settlement within 60 days of the filing of such Exchange to increase the maximum size of trades since Auto-Ex transactions proposed rule change, the Commission of Auto-Ex eligible orders. Such result in ‘‘locked-in’’ trades. may summarily abrogate such proposed requests will be reviewed by the rule change if it appears to the Committee, which will approve, B. Self-Regulatory Organization’s Commission that such action is disapprove or conditionally approve Statement on Burden on Competition necessary or appropriate in the public such requests. The Committee will The Amex does not believe that the interest, for the protection of investors, balance the interests of investors, the proposed rule change will impose any or otherwise in furtherance of the specialist, Registered Options Traders in burden on competition. purposes of the Act. the crowd, and the Exchange in determining whether to grant a request C. Self-Regulatory Organization’s IV. Solicitation of Comments to increase the size of Auto-Ex eligible Statement on Comments on the Interested persons are invited to orders. The Committee also will Proposed Rule Change Received From submit written data, views, and consider requests from the specialist or Members, Participants or Others arguments concerning the foregoing, Registered Options Traders to reduce The Amex neither solicited nor including whether the proposed rule the size of Auto-Ex eligible orders, received written comments with respect change is consistent with the Act. balancing the same interests that it to the proposed rule change. Comments may be submitted by any of would consider in reviewing a request the following methods: III. Date of Effectiveness of the to increase the size of Auto-Ex eligible Electronic Comments orders. The Committee, however, may Proposed Rule Change and Timing for • not reduce the size of Auto-Ex eligible Commission Action Use the Commission’s Internet orders below 2,000 shares. In the event Because the foregoing proposed rule comment form (http://www.sec.gov/ rules/sro.shtml); or of system problems or unusual market change does not: • conditions, a Floor Governor may (i) Significantly affect the protection Send an e-mail to rule- reduce the size of Auto-Ex eligible of investors or the public interest; [email protected]. Please include File orders below 2,000 shares or increase (ii) Impose any significant burden on Number SR–Amex–2004–46 on the the size of Auto-Ex eligible orders up to competition; and subject line. 5,000 shares. Any such change will be (iii) Become operative for 30 days Paper Comments from the date on which it was filed, or temporary and will only last until the • Send paper comments in triplicate such shorter time as the Commission end of the unusual market condition or to Jonathan G. Katz, Secretary, the correction of the system problem. may designate, it has become effective Securities and Exchange Commission, Members and member organizations pursuant to Section 19(b)(3)(A) of the 8 9 450 Fifth Street, NW., Washington, DC will be notified when the size of Auto- Act and Rule 19b–4(f)(6) thereunder. 20549–0609. Ex eligible orders is adjusted due to At any time within 60 days of the filing All submissions should refer to File system problems or unusual market of the proposed rule change, the Number SR–Amex–2004–46. This file conditions. Commission may summarily abrogate number should be included on the The Chairman and Vice Chairman of such rule change if it appears to the subject line if e-mail is used. To help the the Exchange, acting jointly, will Commission that such action is Commission process and review your determine which ETFs are Auto-Ex necessary or appropriate in the public comments more efficiently, please use eligible. interest, for the protection of investors, only one method. The Commission will or otherwise in furtherance of the 2. Statutory Basis post all comments on the Commission’s purposes of the Act. Internet Web site (http://www.sec.gov/ The Amex believes the proposed rule A proposed rule change filed under rules/sro.shtml). Copies of the change is consistent with Section 6(b) of 10 Rule 19b–4(f)(6) normally does not submission, all subsequent the Act,6 in general, and with Section become operative prior to 30 days after amendments, all written statements 6(b)(5) 7 in particular, in that it is the date of filing. However, pursuant to with respect to the proposed rule designed to prevent fraudulent and Rule 19b–4(f)(6)(iii), the Commission change that are filed with the manipulative acts and practices, to may designate a shorter time if such Commission, and all written promote just and equitable principles of action is consistent with the protection communications relating to the trade, to foster cooperation and of investors and the public interest. The proposed rule change between the coordination with persons engaged in Amex has requested that the Commission and any person, other than regulating, clearing, settling, processing Commission waive both the five-day those that may be withheld from the information with respect to and notice and the 30-day operative delay public in accordance with the facilitating transactions in securities, to 11 specified in Rule 19b–4(f)(6)(iii). provisions of 5 U.S.C. 552, will be remove impediments to and perfect the mechanism of a free and open market 8 15 U.S.C. 78s(b)(3)(A). 12 For purposes of waiving the operative date of 9 17 CFR 240.19b–4(f)(6). this proposal, the Commission has considered the 6 15 U.S.C. 78f(b). 10 17 CFR 240 19b–4(f)(6). proposed rule’s impact on efficiency, competition, 7 15 U.S.C. 78f(b)(5). 11 17 CFR 240 19b–4(f)(6)(iii). and capital formation. 15 U.S.C 78c(f).

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available for inspection and copying in The text of the proposed rule change is chooses the second alternative, the the Commission’s Public Reference available at the Office of the Secretary, sending of multiple P/A Orders. As Section, 450 Fifth Street, NW., ISE, and at the Commission. currently drafted, the Linkage Plan and Washington, DC 20549. Copies of such II. Self-Regulatory Organization’s ISE Rule do not recognize the possibility filing also will be available for Statement of the Purpose of, and that an exchange’s disseminated inspection and copying at the principal Statutory Basis for, the Proposed Rule quotation may be for less than either the office of the Amex. All comments Change remaining size of the customer order or received will be posted without change; 100 contracts. Thus, this proposal In its filing with the Commission, the the Commission does not edit personal specifies that a PMM sending a second Exchange included statements identifying information from P/A Order may limit such order to the concerning the purpose of, and basis for, submissions. You should submit only lesser of: (1) The remaining size of the the proposed rule change and discussed information that you wish to make customer order; (2) 100 contracts; or (3) available publicly. All submissions any comments it received on the proposed rule change. The text of these the size of the receiving exchange’s should refer to File Number SR–Amex– disseminated quotation. 2004–46 and should be submitted on or statements may be examined at the before July 19, 2004. places specified in Item IV below. The In addition, there is a practical issue if multiple exchanges are displaying the For the Commission, by the Division of Exchange has prepared summaries, set Market Regulation, pursuant to delegated forth in sections A, B and C below, of same bid or offer. In that case, the authority.13 the most significant aspects of such Linkage Plan is unclear as to whether a Margaret H. McFarland, statements. PMM must send the entire order to one exchange or can send orders to multiple Deputy Secretary. A. Self-Regulatory Organization’s exchanges, as long as they are for the [FR Doc. 04–14586 Filed 6–25–04; 8:45 am] Statement of the Purpose of, and size of the entire order, or 100 contracts, BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule Change in the aggregate. This proposed rule change clarifies the ISE Rule to specify SECURITIES AND EXCHANGE 1. Purpose that a PMM may send P/A Orders to COMMISSION The purpose of this proposed rule multiple exchanges, as long as all such orders, in the aggregate, are for the [Release No. 34–49888; File No. SR–ISE– change is to implement proposed Joint 2004–06] Amendment No. 10 to the Plan for the lesser of the entire remaining size or 100 Purpose of Creating and Operating an contracts. However, as is the case when Self-Regulatory Organizations; Notice Intermarket Option Linkage (‘‘Linkage only one exchange is at the NBBO, a of Filing and Order Granting Plan’’).3 That amendment, together with PMM may limit the size of any single Accelerated Approval of Proposed this proposed rule change, will clarify additional order to the size of the Rule Change by International the manner in which an ISE Member receiving market’s disseminated Securities Exchange, Inc., Relating to may send P/A Orders that are larger quotation. Handling of Principal Acting as Agent than the Firm Customer Quote Size Orders Under Linkage (‘‘FCQS’’). A P/A Order is an order for 2. Basis the account of an ISE Primary Market The basis under the Act for this June 17, 2004. Maker (‘‘PMM’’) or a specialist or Pursuant to Section 19(b)(1) of the proposed rule change is the requirement specialist equivalent on another under Section 6(b)(5) of the Act 4 that an Securities Exchange Act of 1934 (the exchange for its own account reflecting 1 2 exchange have rules that are designed to ‘‘Act’’), and Rule 19b–4 thereunder, the terms of an unexecuted customer notice is hereby given that on March 4, prevent fraudulent and manipulative order for which the PMM has acts and practices, to promote just and 2004, the International Securities responsibility. The FCQS is the Exchange, Inc. (the ‘‘Exchange’’ or the equitable principles of trade, to foster minimum size for which an exchange cooperation and coordination with ‘‘ISE’’) filed with the Securities and must provide an execution in its persons engaged in regulating, clearing, Exchange Commission (‘‘Commission’’) automatic execution system for a P/A settling, processing information with the proposed rule change as described Order, if the exchange’s auto-ex system respect to, and facilitating transaction in in Items I and II below, which items is available. have been prepared by the self- Currently, Linkage Plan Section securities, to remove impediments to regulatory organization. The 7(a)(ii)(B) and ISE Rule 1901 (‘‘ISE and perfect the mechanism for a free Commission is publishing this notice to Rule’’) provide a PMM with two ways and open market and a national market solicit comments on the proposed rule to handle such orders. First, the PMM system, and, in general, to protect change from interested persons and to may send a P/A Order larger than the investors and the public interest. In grant accelerated approval to the FCQS for manual processing at the particular, the Exchange believes that proposed rule change. receiving exchange. Second, the PMM the proposed rule change will enhance the national market system for options I. Self-Regulatory Organization’s may send an initial P/A Order for up to Statement of the Terms of Substance of the FCQS. If the PMM then seeks to by improving the way all exchanges the Proposed Rule Change send another P/A Order, it must send an handle P/A Orders. order for the lesser of the entire The ISE is proposing to amend the B. Self-Regulatory Organization’s remaining size of the underlying requirements regarding how our Statement on Burden on Competition customer order or 100 contracts. Members handle Principal Acting as This proposed rule change addresses The proposed rule change does not Agent Orders (‘‘P/A Orders’’) pursuant the handling of orders if the PMM to the intermarket linkage (‘‘Linkage’’). impose any burden on competition that is not necessary or appropriate in 3 See Securities Exchange Act Release No. 49689 13 furtherance of the purposes of the Act. 17 CFR 200.30–3(a)(12). (May 12, 2004), 69 FR 28953 (May 19, 2004) (File 1 15 U.S.C. 78s(b)(1). No. 4–429) (Notice of Filing of Joint Amendment 2 17 CFR 240.19b–4. No. 10 to the Linkage Plan). 4 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s should refer to File Number SR–ISE– For the Commission, by the Division of Statement on Comments on the 2004–06 and should be submitted on or Market Regulation, pursuant to delegated 10 Proposed Rule Change Received From before July 19, 2004. authority. Members, Participants or Others Margaret H. McFarland, IV. Commission’s Findings and Order Deputy Secretary. The Exchange has not solicited, and Granting Accelerated Approval of does not intend to solicit, comments on [FR Doc. 04–14584 Filed 6–25–04; 8:45 am] Proposed Rule Change this proposed rule change. The BILLING CODE 8010–01–P Exchange has not received any The Commission finds that the unsolicited written comments from proposed rule change is consistent with members or other interested parties. SECURITIES AND EXCHANGE the requirements of the Act and the COMMISSION III. Solicitation of Comments rules and regulations thereunder [Release No. 34–49890; File No. SR–PCX– Interested persons are invited to applicable to a national securities 5 2004–33] submit written data, views, and exchange. In particular, the arguments concerning the foregoing, Commission finds that the proposed Self-Regulatory Organizations; Notice including whether the proposed rule rule change is consistent with the of Filing and Order Granting change is consistent with the Act. requirements of Section 6(b)(5) of the Accelerated Approval of Proposed Comments may be submitted by any of Act 6 which requires, among other Rule Change by the Pacific Exchange, the following methods: things, that the rules of an exchange be Inc. Relating to How Members Handle designed to promote just and equitable Electronic Comments Principal Acting as Agent Orders principles of trade, to remove Pursuant to Intermarket Linkage • Use the Commission’s Internet impediments to and perfect the comment form (http://www.sec.gov/ mechanism of a free and open market, June 17, 2004. rules/sro.shtml); or Pursuant to Section 19(b)(1) of the • and to protect investors and the public Send an e-mail to rule- interest. The Commission believes that Securities Exchange Act of 1934 [email protected]. Please include File 1 2 the proposed rule change should clarify (‘‘Act’’) and Rule 19b–4 thereunder, Number SR–ISE–2004–06 on the subject notice is hereby given that on April 15, the PMM’s obligations in the handling line. 2004, the Pacific Exchange, Inc. (‘‘PCX’’ P/A Orders, which should facilitate the or ‘‘Exchange’’) filed with the Securities Paper Comments efficient handling of P/A Orders through and Exchange Commission • Send paper comments in triplicate the Linkage. (‘‘Commission’’ or ‘‘SEC’’) the proposed to Jonathan G. Katz, Secretary, The Commission finds good cause for rule change as described in Items I and Securities and Exchange Commission, approving the proposed rule change II below, which Items have been 450 Fifth Street, NW, Washington, DC prior to the thirtieth day after the date prepared by the self-regulatory 20549–0609. of publication of the notice thereof in organization. The Commission is All submissions should refer to File the Federal Register. As noted above, publishing this notice to solicit Number SR–ISE–2004–06. This file the proposed rule change incorporates comments on the proposed rule change number should be included on the from interested persons and to grant subject line if e-mail is used. To help the changes into the ISE Rules that correspond to changes made to the accelerated approval to the proposed Commission process and review your rule change. comments more efficiently, please use Linkage Plan through Joint Amendment only one method. The Commission will No. 10, which was published for I. Self-Regulatory Organization’s post all comments on the Commission’s comment on May 19, 2004.7 The Statement of the Terms of Substance of Internet Web site (http://www.sec.gov/ Commission received no comments on the Proposed Rule Change the substance of that Amendment. The rules/sro.shtml). Copies of the The Exchange is proposing to amend submission, all subsequent Commission believes that no new issues the requirements regarding how our amendments, all written statements of regulatory concern are being raised by Members handle Principal Acting as with respect to the proposed rule ISE’s proposed rule change. The Agent Orders (‘‘P/A Orders’’) pursuant change that are filed with the Commission believes, therefore, that to the intermarket linkage (‘‘Linkage’’). Commission, and all written granting accelerated approval of the The text of the proposed rule change is communications relating to the proposed rule change is appropriate and available at the Office of the Secretary, proposed rule change between the consistent with Sections 6 and 19(b) of PCX, and at the Commission. Commission and any person, other than the Act.8 those that may be withheld from the II. Self-Regulatory Organization’s public in accordance with the V. Conclusion Statement of the Purpose of, and provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule It is therefore ordered, pursuant to available for inspection and copying in Change section 19(b)(2) of the Act,9 that the the Commission’s Public Reference In its filing with the Commission, the Section, 450 Fifth Street, NW, proposed rule change (SR–ISE–2004–06) is approved on an accelerated basis. Exchange included statements Washington, DC 20549. Copies of such concerning the purpose of and basis for filing also will be available for the proposed rule change and discussed inspection and copying at the principal 5 In approving this proposed rule change, the any comments it received on the offices of the ISE. All comments Commission has considered the proposed rule’s proposed rule change. The text of these received will be posted without change; impact on efficiency, competition, and capital statements may be examined at the the Commission does not edit personal formation. 15 U.S.C. 78c(f). places specified in Item IV below. The identifying information from 6 15 U.S.C. 78f(b)(5). submissions. You should submit only 7 See note 3, supra. 10 17 CFR 200.30–3(a)(12). information that you wish to make 8 15 U.S.C. 78f and 78s(b). 1 15 U.S.C. 78s(b)(1). available publicly. All submissions 9 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4.

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self-regulatory organization has same bid or offer. In that case, the Number SR–PCX–2004–33 on the prepared summaries, set forth in Linkage Plan is unclear as to whether a subject line. Sections A, B and C below, of the most LMM must send the entire order to one Paper Comments significant aspects of such statements. exchange or can send orders to multiple exchanges, so long as they are for the • Send paper comments in triplicate A. Self-Regulatory Organization’s size of the entire order, or 100 contracts, to Jonathan G. Katz, Secretary, Statement of the Purpose of, and in the aggregate. This proposed rule Securities and Exchange Commission, Statutory Basis for, the Proposed Rule change clarifies the PCX Rule to specify 450 Fifth Street, NW., Washington, DC Change that a LMM may send P/A Orders to 20549–0609. 1. Purpose multiple exchanges, as long as all such All submissions should refer to File Number SR–PCX–2004–33. This file The purpose of this rule change is to orders, in the aggregate, are for the lesser of the entire remaining size or 100 number should be included on the implement Joint Amendment No. 10 to subject line if e-mail is used. To help the the Plan for the Purpose of Creating and contracts. However, as is the case when only one exchange is at the NBBO, a Commission process and review your Operating an Intermarket Option comments more efficiently, please use Linkage (‘‘Linkage Plan’’).3 That LMM may limit the size of any single additional order to the size of the only one method. The Commission will amendment, together with this proposed post all comments on the Commission’s rule change, will clarify the manner in receiving market’s disseminated quotation. Internet Web site (http://www.sec.gov/ which a PCX Member may send P/A rules/sro.shtml). Copies of the Orders that are larger than the Firm 2. Basis submission, all subsequent Customer Quote Size (‘‘FCQS’’). A P/A The Exchange believes that the amendments, all written statements Order is an order for the account of a proposed rule change is consistent with with respect to the proposed rule PCX Lead Market Maker (‘‘LMM’’) or a Section 6(b) of the Act 4 in general, and change that are filed with the specialist or specialist equivalent furthers the objectives of Section 6(b)(5) Commission, and all written account on another exchange for its own of the Act 5 in particular, because it is communications relating to the account reflecting the terms of an designed to prevent fraudulent and proposed rule change between the unexecuted customer order for which manipulative acts and practices, to Commission and any person, other than the LMM has responsibility. The FCQS promote just and equitable principles of those that may be withheld from the is the minimum size for which an change, to foster cooperation and public in accordance with the exchange must provide an execution in coordination with persons engaged in provisions of 5 U.S.C. 552, will be its automatic execution system for a facilitating transactions in securities, available for inspection and copying in P/A Order, if the exchange’s auto-ex and to remove impediments to and the Commission’s Public Reference system is available. perfect the mechanism of a free and Section, 450 Fifth Street, NW., Currently, Linkage Plan Section open market and a national market Washington, DC 20549. Copies of such 7(a)(ii)(B) and PCX Rule 6.93 (‘‘PCX system. filing also will be available for Rule’’) provide a LMM with two ways inspection and copying at the principal to handle such orders. First, the LMM B. Self-Regulatory Organization’s offices of the PCX. All comments may send a P/A Order larger than the Statement on Burden on Competition received will be posted without change; FCQS for manual processing at the The Exchange does not believe that the Commission does not edit personal receiving exchange. Second, the LMM the proposed rule change will impose identifying information from may send an initial P/A Order for up to any burden on competition that is not submissions. You should submit only the FCQS. If the LMM then seeks to necessary or appropriate in furtherance information that you wish to make send another P/A Order, it must send an of the purposes of the Act. available publicly. All submissions order for the lesser of the entire should refer to File Number SR–PCX– remaining size of the underlying C. Self-Regulatory Organization’s Statement on Comments on the 2004–33 and should be submitted on or customer order or 100 contracts. before July 19, 2004. This proposed rule change addresses Proposed Rule Change Received From the handling of orders if the LMM Members, Participants, or Others IV. Commission’s Findings and Order chooses the second alternative, the Written comments on the proposed Granting Accelerated Approval of sending of multiple P/A Orders. As rule change were neither solicited nor Proposed Rule Change currently drafted, the Linkage Plan and received. The Commission finds that the the PCX Rule do not recognize the III. Solicitation of Comments proposed rule change is consistent with possibility that an exchange’s the requirements of the Act and the disseminated quotation may be for less Interested persons are invited to rules and regulations thereunder than either the remaining size of the submit written data, views, and applicable to a national securities customer order or 100 contracts. Thus, arguments concerning the foregoing, exchange.6 In particular, the the proposed rule change specifies that including whether the proposed rule Commission finds that the proposed a LMM sending a second P/A Order may change is consistent with the Act. rule change is consistent with the limit such order to the lesser of: (1) The Comments may be submitted by any of requirements of Section 6(b)(5) of the remaining size of the customer order; (2) the following methods: Act 7 which requires, among other 100 contracts; or (3) the size of the Electronic Comments things, that the rules of an exchange be receiving exchange’s disseminated • designed to promote just and equitable quotation. Use the Commission’s Internet principles of trade, to remove In addition, there is a practical issue comment form (http://www.sec.gov/ impediments to and perfect the if multiple exchanges are displaying the rules/sro.shtml); or • Send an e-mail to rule- 6 In approving this proposed rule change, the 3 See Securities Exchange Act Release No. 49689 [email protected]. Please include File Commission has considered the proposed rule’s (May 12, 2004), 69 FR 28953 (May 19, 2004) (File impact on efficiency, competition, and capital No. 4–429) (Notice of Filing of Joint Amendment 4 15 U.S.C. 78f(b). formation. 15 U.S.C. 78c(f). No. 10 to the Linkage Plan). 5 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78f(b)(5).

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mechanism of a free and open market, notice is hereby given that on April 23, A. Self-Regulatory Organization’s and to protect investors and the public 2004, the Philadelphia Stock Exchange, Statement of the Purpose of, and interest. The Commission believes that Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with Statutory Basis for, the Proposed Rule the proposed rule change should clarify the Securities and Exchange Change the LLM’s obligations in handling P/A Commission (‘‘SEC’’ or ‘‘Commission’’) 1. Purpose Orders, which should facilitate the the proposed rule change as described The purpose of the proposed rule efficient handling of P/A Orders through in Items I and II, below, which Items change is to clarify the manner in which the Linkage. have been prepared by the Phlx. The The Commission finds good cause for an Exchange member may send P/A Commission is publishing this notice to Orders that are larger than the FCQS. approving the proposed rule change solicit comments on the proposed rule prior to the thirtieth day after the date Currently, under Linkage Plan Section change from interested persons and to of publication of the notice thereof in 7(a)(ii)(B) and Exchange Rule 1084, a grant accelerated approval to the the Federal Register. As noted above, specialist may send a P/A Order through the proposed rule change incorporates proposed rule change. Linkage in one of two ways when the P/ changes into the PCX Rules that I. Self-Regulatory Organization’s A Order is larger than the FCQS. First, correspond to changes made to the Statement of the Terms of Substance of a specialist may send a P/A Order larger than the FCQS for manual processing at Linkage Plan through Joint Amendment the Proposed Rule Change No. 10, which was published for the receiving exchange. Second, the comment on May 19, 2004.8 The The Exchange proposes to amend specialist may send an initial P/A Order Commission received no comments on Phlx Rule 1084(c), Operation of the for up to the FCQS. If the receiving the substance of that Amendment. The Linkage, to clarify the manner in which exchange executes the P/A Order and Commission believes that no new issues the Exchange may send a Principal continues to disseminate the same price of regulatory concern are being raised by Acting as Agent Order (‘‘P/A Order’’) 3 at the National Best Bid or Offer (‘‘NBBO’’) for 15 seconds after reporting PCX’s proposed rule change. The that is larger than the Firm Customer the execution of the initial P/A Order, Commission believes, therefore, that Quote Size (‘‘FCQS’’) 4 under the Plan the specialist may send an additional P/ granting accelerated approval of the for the Purpose of Creating and proposed rule change is appropriate and A Order to the same Participant Operating an Options Intermarket Exchange for the lesser of the entire consistent with Sections 6 and 19(b) of Linkage (the ‘‘Linkage Plan’’). The text the Act.9 remaining size of the customer order or of the proposed rule change is available 100 contracts. V. Conclusion at the Office of the Secretary, Phlx, and The proposed rule change addresses It is therefore ordered, pursuant to at the Commission. the handling of orders when the 10 specialist chooses the second Section 19(b)(2) of the Act, that the II. Self-Regulatory Organization’s alternative, i.e., to send multiple P/A proposed rule change (SR–PCX–2004– Statement of the Purpose of, and 33) is approved on an accelerated basis. Orders. The current Linkage Plan and Statutory Basis for, the Proposed Rule Exchange rules do not account for the For the Commission, by the Division of Change possibility that an exchange’s Market Regulation, pursuant to delegated authority.11 In its filing with the Commission, the disseminated quotation may be for less than either the remaining size of the Margaret H. McFarland, Phlx included statements concerning customer order or 100 contracts. In the purpose of and basis for the Deputy Secretary. order to properly address that proposed rule change and discussed any [FR Doc. 04–14540 Filed 6–25–04; 8:45 am] possibility, the proposed amendment to BILLING CODE 8010–01–P comments it received on the proposed Phlx Rule 1084(c)(2)(ii) would specify rule change. The text of these statements that a specialist sending a second P/A may be examined at the places specified order may limit the size of such an order SECURITIES AND EXCHANGE in Item IV below. The Phlx has prepared to the lesser of: (1) The size of the COMMISSION summaries, set forth in sections A, B, receiving exchange’s disseminated [Release No. 34–49891; File No. SR–Phlx– and C below, of the most significant quotation; (2) 100 contracts; or (3) the 2004–26] aspects of such statements. entire remaining size of the customer order. Self-Regulatory Organizations; Notice The proposal also addresses how of Filing and Order Granting 3 A Principal Acting as Agent (‘‘P/A’’) Order is an multiple P/A orders are handled when Accelerated Approval of Proposed order for the principal account of a specialist (or more than one exchange is Rule Change by the Philadelphia Stock equivalent entity on another Participant Exchange disseminating the same bid or offer at Exchange, Inc. Relating to Sending that is authorized to represent Public Customer the NBBO. Currently, the Linkage Plan Multiple Principal Acting as Agent orders), reflecting the terms of a related unexecuted and exchange rules are not definitive as Orders That Are Larger Than the Firm Public Customer order for which the specialist is to whether, in the case of multiple P/A acting as agent. See Phlx Rule 1083(k). Customer Quote Size orders, the specialist must send the 4 ‘‘Firm Customer Quote Size’’ means the lesser of (a) the number of option contracts that the entire order to one exchange or may June 17, 2004. send orders to multiple exchanges that Pursuant to Section 19(b)(1) of the Participant Exchange sending a P/A Order are disseminating the same bid or offer Securities Exchange Act of 1934 guarantees it will automatically execute at its disseminated price in a series of an Eligible Option at the NBBO. The proposed rule change (‘‘Act’’) 1, and Rule 19b–4 2 thereunder, Class for Public Customer orders entered directly would permit a specialist to send P/A for execution in that market; or (b) the number of orders to multiple exchanges, provided 8 See note 3, supra. option contracts that the Participant Exchange that all such orders are for the lesser of 9 15 U.S.C. 78f and 78s(b). receiving a P/A Order guarantees it will 10 15 U.S.C. 78s(b)(2). automatically execute at its disseminated price in the entire remaining size or 100 11 17 CFR 200.30–3(a)(12). a series of an Eligible Option Class for Public contracts in the aggregate. A specialist 1 15 U.S.C. 78s(b)(1). Customer orders entered directly for execution in may, nonetheless, limit the size of any 2 17 CFR 240.19b–4. that market. See Phlx Rule 1083(g). single additional P/A order to the size

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of the receiving exchange’s • Send an e-mail to rule- designed to promote just and equitable disseminated quotation. [email protected]. Please include File principles of trade, to remove The proposed rule change also Number SR–Phlx–2004–26 on the impediments to and perfect the includes administrative provisions subject line. mechanism of a free and open market, relating to the time period within which and to protect investors and the public Paper Comments a receiving exchange must inform the interest. The Commission believes that specialist of the amount of the order • Send paper comments in triplicate the proposed rule change should clarify executed and the amount, if any, that to Jonathan G. Katz, Secretary, the specialist’s obligations in handling was canceled, and the time period for Securities and Exchange Commission, P/A Orders, which should facilitate the which a sending exchange must wait 450 Fifth Street, NW., Washington, DC efficient handling of P/A Orders through while the receiving exchange continues 20549–0609. the Linkage. to disseminate the same price at the All submissions should refer to File The Commission finds good cause for NBBO before sending a second P/A Number SR–Phlx–2004–26. This file approving the proposed rule change order. Currently, the applicable time number should be included on the prior to the thirtieth day after the date period for each such circumstance is 15 subject line if e-mail is used. To help the of publication of the notice thereof in seconds. The proposed rule change Commission process and review your the Federal Register. As noted above, contemplates that the Options Linkage comments more efficiently, please use the proposed rule change incorporates Authority could determine different only one method. The Commission will changes into the Phlx Rules that applicable time periods for both post all comments on the Commission’s correspond to changes made to the circumstances, and that any change to Internet Web site (http://www.sec.gov/ Linkage Plan through Joint Amendment such time periods must be approved by rules/sro.shtml). Copies of the No. 10, which was published for the Commission before becoming submission, all subsequent comment on May 19, 2004.9 The effective. amendments, all written statements Commission received no comments on 2. Statutory Basis with respect to the proposed rule the substance of that Amendment. The Commission believes that no new issues The Exchange believes that its change that are filed with the of regulatory concern are being raised by proposal is consistent with section 6(b) Commission, and all written Phlx’s proposed rule change. The of the Act 5 in general, and furthers the communications relating to the Commission believes, therefore, that objectives of Section 6(b)(5) of the Act 6 proposed rule change between the granting accelerated approval of the in particular, in that it is designed to Commission and any person, other than proposed rule change is appropriate and perfect the mechanisms of a free and those that may be withheld from the consistent with Sections 6 and 19(b) of open market and the national market public in accordance with the the Act.10 system, protect investors and the public provisions of 5 U.S.C. 552, will be interest and promote just and equitable available for inspection and copying in V. Conclusion the Commission’s Public Reference principles of trade, by permitting It is therefore ordered, pursuant to Exchange specialists to send multiple P/ Section, 450 Fifth Street, NW., Section 19(b)(2) of the Act,11 that the A Orders to multiple exchanges for a Washington, DC 20549. Copies of such proposed rule change (SR–Phlx–2004– number of contracts equal to the filing also will be available for 26) is approved on an accelerated basis. receiving exchange’s disseminated size. inspection and copying at the principal offices of the Phlx. All comments For the Commission, by the Division of B. Self-Regulatory Organization’s received will be posted without change; Market Regulation, pursuant to delegated Statement on Burden on Competition the Commission does not edit personal authority.12 The Exchange does not believe that identifying information from Margaret H. McFarland, the proposed rule change will impose submissions. You should submit only Deputy Secretary. any inappropriate burden on information that you wish to make [FR Doc. 04–14539 Filed 6–25–04; 8:45 am] competition. available publicly. All submissions BILLING CODE 8010–01–P should refer to File Number SR–Phlx– C. Self-Regulatory Organization’s 2004–26 and should be submitted on or Statement on Comments on the before July 19, 2004. Proposed Rule Change Received From UNITED STATES SENTENCING Members, Participants, or Others IV. Commission’s Findings and Order COMMISSION No written comments were either Granting Accelerated Approval of Proposed Rule Change Sentencing Guidelines for United solicited or received. States Courts III. Solicitation of Comments The Commission finds that the proposed rule change is consistent with AGENCY: United States Sentencing Interested persons are invited to the requirements of the Act and the Commission. submit written data, views, and rules and regulations thereunder ACTION: Notice of proposed priorities; arguments concerning the foregoing, applicable to a national securities request for public comment. including whether the proposed rule exchange.7 In particular, the change is consistent with the Act. Commission finds that the proposed SUMMARY: As part of its statutory Comments may be submitted by any of rule change is consistent with the authority and responsibility to analyze the following methods: requirements of Section 6(b)(5) of the sentencing issues, including operation Electronic Comments Act 8 which requires, among other of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its • Use the Commission’s Internet things, that the rules of an exchange be

comment form (http://www.sec.gov/ 9 7 In approving this proposed rule change, the See Securities Exchange Act Release No. 49689 rules/sro.shtml); or Commission has considered the proposed rule’s (May 12, 2004), 69 FR 28953. impact on efficiency, competition, and capital 10 15 U.S.C. 78f and 78s(b). 5 15 U.S.C. 78f(b). formation. 15 U.S.C. 78c(f). 11 15 U.S.C. 78s(b)(2). 6 15 U.S.C. 78f(b)(5). 8 15 U.S.C. 78f(b)(5). 12 17 CFR 200.30–3(a)(12).

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Rules of Practice and Procedure, the (C) assessment of the criminal history Procedure regarding retroactivity, public Commission is seeking comment on rules for related cases; and (D) access to Commission materials, and possible priority policy issues for the consideration of other application issues access to nonpublic Commission amendment cycle ending May 1, 2005. relating to simplifying the operation of meetings. DATES: Public comment should be chapter four. The Commission hereby gives notice received on or before August 5, 2004. (5) Continued review of data that it is seeking comment on these ADDRESSES: Send comments to: United regarding the incidence of downward tentative priorities and on any other States Sentencing Commission, One departures and fast-track programs, in issues that interested persons believe Columbus Circle, NE., Suite 2–500, view of the PROTECT Act. the Commission should address during (6) Continuation of its work with South Lobby, Washington, DC 20002– the amendment cycle ending May 1, Congress and other interested parties on 8002, Attention: Public Affairs-Priorities 2005, including short- and long-term cocaine sentencing policy in view of the Comment. research issues. To the extent Commission’s 2002 report to Congress, FOR FURTHER INFORMATION CONTACT: practicable, comments submitted on Cocaine and Federal Sentencing Policy. such issues should include the Michael Courlander, Public Affairs (7) A general review of the firearms Officer, Telephone: (202) 502–4590. following: (1) A statement of the issue, guidelines in chapter two, part K including scope and manner of study, SUPPLEMENTARY INFORMATION: The (Offenses Involving Public Safety), particular problem areas and possible United States Sentencing Commission is including an assessment of non- solutions, and any other matters an independent agency in the judicial MANPADS destructive devices. relevant to a proposed priority; (2) branch of the United States (8) Consideration of policy statements citations to applicable sentencing Government. The Commission pertaining to compassionate release guidelines, statutes, case law, and promulgates sentencing guidelines and programs. constitutional provisions; and (3) a policy statements for Federal sentencing (9) A general review of, and possible direct and concise statement of why the courts pursuant to 28 U.S.C. 994(a). The amendments pertaining to, hazardous Commission should make the issue a Commission also periodically reviews materials, and possibly other priority. and revises previously promulgated environmental offenses under chapter guidelines pursuant to 28 U.S.C. 994(o) two, part Q (Offenses Involving the Authority: 28 U.S.C. 994(a), (o); USSC and submits guideline amendments to Environment). Rules of Practice and Procedure 5.2. (10) Continued monitoring of, and/or the Congress not later than the first day John R. Steer, of May each year pursuant to 28 U.S.C. possible amendments pertaining to, Vice Chair. 994(p). section 5 of the CAN–SPAM Act, Public For the amendment cycle ending May Law 108–187. [FR Doc. 04–14592 Filed 6–25–04; 8:45 am] 1, 2005, and possibly continuing into (11) Other miscellaneous and limited BILLING CODE 2210–40–P the amendment cycle ending May 1, issues pertaining to the operation of the 2006, the Commission has identified the sentencing guidelines, including (A) following tentative priorities: resolution of a number of circuit DEPARTMENT OF STATE conflicts, including the circuit conflict (1) Implementation of crime [Public Notice 4752] legislation enacted during the second regarding the definition of ‘‘felony’’, as session of the 108th Congress incorporated into § 2K2.6 (Possessing, Bureau of Educational and Cultural warranting a Commission response. Purchasing, or Owning Body Armor by Affairs Request for Grant Proposals: (2) Continuation of its policy work Violent Felons) effective November 1, Eurasian Undergraduate Exchange regarding immigration offenses, 2004; (B) continuation of policy work Program specifically, offenses under §§ 2L1.1 regarding offenses involving gamma- (Smuggling, Transporting, or Harboring butyrolactone (GBL), a precursor for SUMMARY: The Office of Academic an Unlawful Alien), and 2L1.2 gamma-hydroxybutyric acid (GHB), Exchange Programs of the Bureau of (Unlawfully Entering or Remaining in sentenced under § 2D1.11 (Unlawfully Educational and Cultural Affairs the United States), and chapter two, part Distributing, Importing, Exporting or announces an open competition for the L, subpart 2 (Naturalization and Possessing a Listed Chemical; Attempt Eurasian Undergraduate Exchange Passports), which also may involve the or Conspiracy); (C) simulated controlled Program (formerly the FREEDOM formation of an ad hoc advisory group substances; (D) structural issues Support Act Undergraduate Program). on immigration offenses. regarding the Sentencing Table in Public and private non-profit (3) Continuation of its work on the chapter five, part A, particularly ‘‘cliff- organizations meeting the provisions ‘‘15 Year Study,’’ which is composed of like’’ effects occurring between levels 42 described in IRS regulation 26 CFR a number of projects geared toward and 43, and a possible adjustment to the 1.501(c)(3) may submit proposals to analyzing the guidelines in light of the offense level computation when the administer the recruitment, selection, goals of sentencing reform described in offense level exceeds level 43; (E) placement, monitoring, evaluation, the Sentencing Reform Act. commentary regarding the appropriate follow-on, and alumni activities for the (4) Continuation of its multi-year starting point for departures under FY 2005 Eurasian Undergraduate research, policy work, and possible § 5K1.1 (Substantial Assistance), Exchange Program. Organizations with guideline amendments relating to particularly in cases in which the less than four years of experience in chapter four (Criminal History and government has moved for relief from conducting international exchange Criminal Livelihood), which may imposition of an otherwise applicable programs are not eligible for this include (A) assessment of the mandatory minimum term of competition. calculation of criminal history points for imprisonment; and (F) commentary to Overview: The Eurasian first time offenders and offenders who § 3C1.1 (Obstructing or Impeding the Undergraduate Exchange Program are in the highest criminal history Administration of Justice) regarding provides scholarships for one-year, non- categories; (B) assessment of the encryption; and degree study at U.S. institutions of criminal history rules for the inclusion (12) Amendments to the higher education to outstanding or exclusion of certain prior offenses; Commission’s Rules of Practice and students from Eurasia (Armenia,

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Azerbaijan, Belarus, Georgia, two additional fiscal years, before may be accessed via the Internet and Kazakhstan, Krygyzstan, Moldova, openly competing it again. delivery people who are identifiable by Russia, Tajikistan, Turkmenistan, Announcement Title and Number: All commonly recognized uniforms and Ukraine and Uzbekistan). Scholarships correspondence with the Bureau delivery vehicles. Proposals shipped on are available in the fields of agriculture, concerning this RFGP should reference or before the above deadline but American studies, business, computer the above title and number ECA/A/E/ received at the Bureau more than seven science, economics, education, EUR–05–04. days after the deadline will be ineligible environmental management, FOR FURTHER INFORMATION CONTACT: The for further consideration under this international relations, journalism and Office of Academic Exchange Programs, competition. Proposals shipped after the mass communication, political science, ECA/A/E/EUR, Room 246, U.S. established deadlines are ineligible for and sociology. Applicant organizations Department of State, SA–44, 301 4th consideration under this competition. It should propose other appropriate fields Street, SW., Washington, DC 20547, is each applicant’s responsibility to of study. Scholarships are granted to phone: 202–205–7494; fax: 202–260– ensure that each package is marked with students who have completed at least 7985, [email protected] to request a a legible tracking number and to one year of study at an accredited Solicitation Package. The Solicitation monitor/confirm delivery to the Bureau university in their home countries. Package contains detailed award via the Internet. Delivery of proposal Eurasian Undergraduate Exchange criteria, required application forms, packages may not be made via local Program participants will be enrolled in specific budget instructions, and courier service or in person for this one-year, non-degree programs at both standard guidelines for proposal competition. Faxed documents will not four-year colleges and universities, and preparation. Please specify Bureau be accepted at any time. Only proposals community colleges. Students will Program Manager Lucy Jilka on all other submitted as stated above will be enhance their academic education with inquiries and correspondence. considered. participation in community service and Please read the complete Federal Applicants must follow all Register announcement before sending an internship during the academic year. instructions in the Solicitation Package. inquiries or submitting proposals. Once Interested organizations should read the The original and eight (8) copies of the the RFGP deadline has passed, Bureau entire Federal Register announcement application should be sent to: U.S. staff may not discuss this competition for all information prior to preparing a Department of State, SA–44, Bureau of with applicants until the proposal proposal. Educational and Cultural Affairs, Ref.: review process has been completed. Budget Guidelines: Awards will begin To Download a Solicitation Package ECA/A/E/EUR–05–04, Program on or about October 1, 2004, and will be via Internet: The entire Solicitation Management, ECA/EX/PM, Room 534, approximately two years in duration. Package may be downloaded from the 301 4th Street, SW., Washington, DC Applicants must submit a Bureau’s Web site at http:// 20547. comprehensive budget for the entire exchanges.state.gov/education/RFGPs. Along with the Project Title, all program. The level of funding for FY Please read all information before applicants must also enter the above 2005 is uncertain, but is anticipated to downloading. Reference Number in Box 11 on the SF– be approximately $5,000,000. Based on 424 contained in the mandatory this figure, applicant organizations New OMB Requirement Proposal Submission Instruction (PSI) should submit a budget funding AN OMB policy directive published document. approximately 170 participants. The in the Federal Register on Friday, June Applicants must also submit the Bureau anticipates awarding one grant 27, 2003, requires that all organizations ‘‘Executive Summary’’ and ‘‘Proposal under this competition. Applicant applying for Federal grants or Narrative’’ sections of the proposal in organizations are encouraged, through cooperative agreements must provide a text (.txt) format on a PC-formatted disk. cost sharing and other methods, to Dun and Bradstreet (D&B) Data The Bureau will provide these files provide for as many scholarships as Universal Numbering System (DUNS) electronically to the Public Affairs possible based on approximated number when applying for all Federal Sections at the U.S. Embassies for funding. There must be a summary grants or cooperative agreements on or review. budget as well as breakdowns reflecting after October 1, 2003. The complete both administrative and program Diversity, Freedom and Democracy OMB policy directive can be referenced Guidelines budgets. Applicants may provide at http://www.whitehouse.gov/omb/ separate sub-budgets for each program fedreg/062703_grant_identifier.pdf. Pursuant to the Bureau’s authorizing component, phase, location, or activity Please also visit the Bureau Web site at legislation, programs must maintain a to provide clarification. Please refer to http://exchanges.state.gov/education/ non-political character and should be the Solicitation Package for complete rfgps/menu.htm for additional balanced and representative of the budget guidelines and formatting information on how to comply with this diversity of American political, social, instructions. The Bureau grant new directive. and cultural life. ‘‘Diversity’’ should be guidelines state that organizations with Shipment and Deadline for Proposals: interpreted in the broadest sense and less than four years experience in Important note: The deadline for this encompass differences including, but conducting international exchange competition is July 30, 2004. In light of not limited to ethnicity, race, gender, programs are limited to $60,000 in recent events and heightened security religion, geographic location, socio- Bureau funding. It is anticipated that the measures, proposal submissions must be economic status, and physical grant or grants awarded under this sent via a nationally recognized challenges. Applicants are strongly competition will well exceed $60,000. overnight delivery service (i.e., DHL, encouraged to adhere to the Therefore, organizations with less than Federal Express, UPS, Airborne Express, advancement of this principle both in four years experience per above, are not or U.S. Postal Service Express Overnight program administration and in program eligible under this competition. Mail, etc.) and be shipped no later than content. Please refer to the review Pending successful implementation of the above deadline. The delivery criteria under the ‘‘Support for this program and the availability of services used by applicants must have Diversity’’ section for specific funds in subsequent fiscal years, it is the in-place, centralized shipping suggestions on incorporating diversity Bureau’s intent to renew this grant for identification and tracking systems that into the total

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proposal. Public Law 104–319 provides reviewed by the Office of the Legal 9. Project evaluation: Proposals that ‘‘in carrying out programs of Adviser or by other Department should include a plan to evaluate the educational and cultural exchange in elements. Final funding decisions are at activity’s success, both as the activities countries whose people do not fully the discretion of the Department of unfold and at the end of the program. A enjoy freedom and democracy,’’ the State’s Assistant Secretary for draft survey questionnaire or other Bureau ‘‘shall take appropriate steps to Educational and Cultural Affairs. Final technique plus description of a provide opportunities for participation technical authority for assistance methodology to use to link outcomes to in such programs to human rights and awards cooperative agreements resides original project objectives is democracy leaders of such countries.’’ with the Bureau’s Grants Officer. recommended. Successful applicants Public Law 106—113 requires that the will be expected to submit intermediate Review Criteria governments of the countries described reports after each project component is above do not have inappropriate Technically eligible applications will concluded or quarterly, whichever is influence in the selection process. be competitively reviewed according to less frequent. Proposals should reflect advancement of the criteria stated below. These criteria 10. Cost-effectiveness: The overhead these goals in their program contents, to are not rank ordered and all carry equal and administrative components of the the full extent deemed feasible. weight in the proposal evaluation: proposal, including salaries and 1. Quality of the program idea: honoraria, should be kept as low as Adherence to All Regulations Proposals should exhibit originality, Governing the J Visa possible. All other items should be substance, precision, and relevance to necessary and appropriate. The Bureau of Educational and the Bureau’s mission. 11. Cost-sharing: Proposals should Cultural Affairs is placing renewed 2. Program planning: Detailed agenda maximize cost-sharing through other emphasis on the secure and proper and relevant work plan should private sector support as well as administration of Exchange Visitor (J demonstrate substantive undertakings institutional direct funding visa) Programs and adherence by and logistical capacity. Agenda and plan contributions. grantees and sponsors to all regulations should adhere to the program overview governing the J visa. Therefore, and guidelines described above. Authority: Overall grant making proposals should demonstrate the 3. Ability to achieve program authority for this program is contained applicant’s capacity to meet all objectives: Objectives should be in the Mutual Educational and Cultural requirements governing the reasonable, feasible, and flexible. Exchange Act of 1961, Public Law 87– administration of Exchange Visitor Proposals should clearly demonstrate 256, as amended, also known as the Programs as set forth in 22 CFR part 62, how the institution will meet the Fulbright-Hays Act. The purpose of the including the oversight of Responsible program’s objectives and plan. Act is ‘‘to enable the Government of the Officers and Alternate Responsible 4. Multiplier effect/impact: Proposed United States to increase mutual Officers, screening and selection of programs should strengthen long-term understanding between the people of program participants, provision of pre- mutual understanding, including the United States and the people of arrival information and orientation to maximum sharing of information and other countries * * *; to strengthen the participants, monitoring of participants, establishment of long-term institutional ties which unite us with other nations proper maintenance and security of and individual linkages. by demonstrating the educational and forms, record-keeping, reporting and 5. Support of diversity: Proposals cultural interests, developments, and other requirements. should demonstrate substantive support achievements of the people of the The Grantee will be responsible for of the Bureau’s policy on diversity. United States and other nations * * * issuing DS–2019 forms to participants Achievable and relevant features should and thus to assist in the development of in this program. be cited in both program administration friendly, sympathetic and peaceful A copy of the complete regulations (selection of participants, program relations between the United States and governing the administration of venue and program evaluation) and the other countries of the world.’’ The Exchange Visitor (J) programs is program content (orientation and wrap- funding authority for the program above available at http://exchanges.state.gov up sessions, program meetings, resource is provided through FREEDOM Support or from: United States Department of materials and follow-up activities). Act legislation. State, Office of Exchange Coordination 6. Institutional capacity: Proposed Notice and Designation, ECA/EC/ECD—SA–44, personnel and institutional resources Room 734, 301 4th Street, SW., should be adequate and appropriate to The terms and conditions published Washington, DC 20547. Telephone: achieve the program or project’s goals. in this RFGP are binding and may not (202) 401–9810. Fax: (202) 401–9809. 7. Institution’s record/ability: be modified by any Bureau Proposals should demonstrate an representative. Explanatory information Review Process institutional record of successful provided by the Bureau that contradicts The Bureau will acknowledge receipt exchange programs, including published language will not be binding. of all proposals and will review them responsible fiscal management and full Issuance of the RFGP does not for technical eligibility. Proposals will compliance with all reporting constitute an award commitment on the be deemed ineligible if they do not fully requirements for past Bureau grants as part of the Government. The Bureau adhere to the guidelines stated herein determined by Bureau Grant Staff. The reserves the right to reduce, revise, or and in the Solicitation Package. All Bureau will consider the past increase proposal budgets in accordance eligible proposals will be reviewed by performance of prior recipients and the with the needs of the program and the the program office, as well as the Public demonstrated potential of new availability of funds. Awards made will Affairs Sections overseas, where applicants. be subject to periodic reporting and appropriate. Eligible proposals will be 8. Follow-on activities: Proposals evaluation requirements. subject to compliance with Federal and should provide a plan for continued Notification Bureau regulations and guidelines and follow-on activity ensuring that Bureau forwarded to Bureau grant panels for supported programs are not isolated Final awards cannot be made until advisory review. Proposals may also be events. funds have been appropriated by

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Congress, allocated and committed board to provide assistance in find the most economical approach to through internal Bureau procedures. identifying and framing policy issues gathering the data and are encouraged to Dated: June 22, 2004. that may need to be addressed by explore electronic data collection. policymakers. Applicants should also seek ways of C. Miller Crouch, making the information available within Program Information Principal Deputy Assistant Secretary for the academic year that it is collected. Educational and Cultural Affairs, Department Overview: The State Department’s Data collected should be published of State. Bureau of Educational and Cultural annually for public consumption. [FR Doc. 04–14599 Filed 6–25–04; 8:45 am] Affairs, with its mandate under the Applicants are also encouraged to BILLING CODE 4710–05–P Fulbright-Hays Act to promote mutual include information about their capacity understanding through international to carry out electronic surveys and educational exchange, has supported a report on findings at the request of the DEPARTMENT OF STATE survey of foreign students in the United Bureau that would focus on one or more [Public Notice 4751] States since 1974 in order to gain an critical issues that may arise during the accurate and up-to-date picture of period in which census data is being Bureau of Educational and Cultural international educational exchange gathered. Affairs Request for Grant Proposals: activity in the United States. Recent To provide for a more detailed Survey of International Educational reports have expanded on the original analysis and cross tabulation of the Exchange Activity in the United States survey’s parameters to include foreign characteristics of foreign students (Foreign Students and Scholars in the scholars and U.S. students studying studying in the United States, U.S. and U.S. Students Studying overseas. individual student profile data should Abroad) Proposals to conduct this project also be collected. This individual should describe plans for a statistical student profile data should be provided Summary: The Educational survey that would offer a detailed and to the Bureau in a format that is Information and Resources Branch, comprehensive picture of the number country-specific and should show the Office of Global Educational Programs, and academic characteristics (major number of students from a specific Bureau of Educational and Cultural fields of study or program, level of country attending selected institutions Affairs (the Bureau) announces an open study, etc.) of non-immigrant foreign of higher education in each state of the competition for a survey of International nationals (that is, excluding permanent U.S. Educational Exchange Activity in the residents and refugees) affiliated with The Bureau seeks a clear presentation United States. Public and private non- (i.e., enrolled at, employed by, etc.) and rigorous analysis of the data profit organizations meeting the American institutions of higher collected that will draw conclusions provisions described in Internal learning, as well the number of U.S. about trends in foreign student Revenue Code section 26 U.S.C. students studying abroad. Topics that enrollments, numbers of foreign 501(c)(3) may submit proposals to should be covered in the survey include scholars on U.S. campuses and conduct a statistical survey (census) of the number of foreign students and American students studying abroad that foreign nationals affiliated with scholars, their gender and countries of can be used to guide policy discussions institutions of higher learning in the origin. Information about students’ for both government and academia. United States. The survey, which academic level (undergraduate, The grantee must establish an should be conducted in the most graduate, post-doctorate), fields of advisory board on the annual survey to economical way possible, should study, primary source of financial provide assistance in identifying and identify the number of foreign students support, financial contributions they framing policy issues to be addressed; and scholars studying, conducting make while in the United States, and the board should meet at least once a research, or teaching at all accredited location of study should be included. year. Board members would likely be universities and colleges in the United Proposals may request Bureau drawn from a broad range of educational States during the 2004/2005 academic funding of a publication, Web site, associations and organizations such as year (fall 2004 through spring 2005). It database, newsletter, or another medium NAFSA: Association of International must also provide detailed individual that is presented as a viable vehicle for Educators, the American Association of student profile data, country-specific making this data widely available in a Collegiate Registrars and Admissions aggregate data that enumerate the timely manner and in a clear and Officers and the Council of Graduate numbers of foreign students and concise format. The Bureau reserves the Schools, among others, and would be scholars from a given country affiliated right to reproduce, publish or otherwise expected to provide perspectives on with individual U.S. institutions. use any work developed under this topics that are related to the Finally, as an indicator of U.S. grant for U.S. Government purposes. internationalization of higher education. institutional support for international Pending successful implementation of Scholarly analyses of survey data educational exchange, the report should this program and the availability of addressing pertinent policy issues also include data about the number of funds in subsequent fiscal years, it is should be included in the final report, American students studying abroad in ECA’s intent to renew this grant for two which will be read by policymakers in credit-bearing programs of all types additional fiscal years before the next government, academia, and business, as (year-long, semester, short-term and competition. Future support will be well as practitioners in international summer). Proposals should describe the contingent upon accurate data educational exchange. The report methodology that will be used to collect collection, quality of presentation of should also include a narrative on the the data, whether by survey, in that data, and prompt publication of the mechanics and uses of data analysis, collaboration with the Department of census. highlighting how conclusions can be Homeland Security or some Guidelines: Proposals should include drawn from the data collected, some of combination thereof, and how the a precise description of the the limitations of that analysis, and how material will be analyzed and presented methodology to be used to obtain the the data can benefit the educational to the public. The proposal must also data called for in this solicitation. institutions supplying it, for example, as include plans to establish an advisory Applicants are reminded of the need to a campus advocacy or recruiting tool.

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Applicants should include with the Applicants must submit a fedreg/062703_grant_identifier.pdf. proposal a complete list of proposed comprehensive budget for the entire Please also visit the ECA Web site at chapter headings and sample analyses. program. Awards may not exceed http://exchanges.state.gov/education/ The Bureau welcomes innovative $190,000. There must be a summary rfgps/menu.htm for additional approaches to the presentation of budget as well as breakdown reflecting information on how to comply with this material, including possible breakdowns both administrative and program new directive. budgets. Applicants may provide for minority-serving institutions such as Shipment and Deadline for Proposals: separate sub-budgets for each program Historically Black Colleges and Important note: The deadline for this component, phase, location, or activity Universities and the Hispanic competition is July 30, 2004. In light of Association of Colleges and to provide clarification. recent events and heightened security Universities. The Bureau also Allowable costs for the program measures, proposal submissions must be encourages applicants to consider include the following: sent via a nationally recognized including comment on other topics of (1) Salaries and fringe benefits; travel overnight delivery service (i.e., DHL, current interest in the final report, such and per diem; Federal Express, UPS, Airborne Express, as: (2) Other direct costs, inclusive of or U.S. Postal Service Express Overnight (1) How the international exchange rent, utilities, etc.; population is affected by U.S. visa (3) Overhead expenses and auditing Mail, etc.) and be shipped no later than policies; costs. the above deadline. The delivery Please refer to the Solicitation (2) How student flows to the U.S. may services used by applicants must have Package for complete budget guidelines have been affected by efforts of other in-place, centralized shipping and formatting instructions. identification and tracking systems that countries to attract foreign students, by Announcement Title and Number: All the expansion of the European Union may be accessed via the Internet and communications with the Bureau delivery people who are identifiable by and its efforts to build an academic concerning this RFGP should refer to market via the Bologna Agreement, etc. commonly recognized uniforms and the announcement’s title and reference delivery vehicles. Proposals shipped on (3) How political and economic trends number ECA/A/S/A 05–01. in other countries are reflected in or before the above deadline but FOR FURTHER INFORMATION CONTACT: The student flows to the U.S.; received at ECA more than seven days Office of Global Educational Programs, (4) How economic trends in the U.S., after the deadline will be ineligible for Educational Information and Resource including the rise in tuition levels and further consideration under this Branch, U.S. Department of State, 301 the cost of living, may have affected competition. Proposals shipped after the 4th Street, SW., (SA–44), Washington, student flows to the U.S.; established deadlines are ineligible for DC 20547, tel: (202) 619–5549, fax: (202) (5) As an element of global trade, how consideration under this competition. It 401–1433, e-mail: [email protected] to is each applicant’s responsibility to international student flows may have request a Solicitation Package. The commercial significance for the ensure that each package is marked with Solicitation Package contains detailed a legible tracking number and to development of foreign markets for U.S. award criteria, required application education and training; monitor/confirm delivery to ECA via the forms, specific budget instructions, and Internet. Delivery of proposal packages (6) The impact of international standard guidelines for proposal students and scholars on U.S. academic may not be made via local courier preparation. Please specify Bureau service or in person for this institutions and departments; Program Officer Ann Prince on all other (7) Demonstrated benefits of study competition. Faxed documents will not inquiries and correspondence. be accepted at any time. Only proposals abroad; for example, as seen by Please read the complete Federal submitted as stated above will be employers; Register announcement before sending considered. (8) U.S. institutions’ activities to inquiries or submitting proposals. Once educate foreign students in their home the RFGP deadline has passed, Bureau Applicants must follow all countries, through, for example, staff may not discuss this competition instructions in the Solicitation Package. overseas campuses or distance with applicants until the proposal The original and 10 copies of the education programs to complement the review process has been completed. application should be sent to: U.S. data now collected on education of To Download a Solicitation Package Department of State, SA–44, Bureau of foreign students in the United States. via Internet: The entire Solicitation Educational and Cultural Affairs, Ref.: (9) The numbers of foreign students Package may be downloaded from the ECA/A/S/A–05–01, Program studying in intensive English language Bureau’s Web site at: http:// Management, ECA/EX/PM, Room 534, programs in the United States. exchanges.state.gov/education/RFGPs. 301 4th Street, SW., Washington, DC The grant should begin on or about Please read all information before 20547. October 1, 2004, and run through downloading. September 30, 2005. Along with the Project Title, all Budget Guidelines: Grants awarded to New OMB Requirement applicants must also enter the above eligible organizations with less than AN OMB policy directive published Reference Number in Box 11 on the SF– four years experience in conducting in the Federal Register on Friday, June 424 contained in the mandatory international exchange programs will be 27, 2003, requires that all organizations Proposal Submission Instruction (PSI) limited to $60,000. The Bureau applying for Federal grants or document. anticipates awarding one grant in the cooperative agreements must provide a Applicants must also submit the amount of $190,000 to support program Dun and Bradstreet (D&B) Data ‘‘Executive Summary’’ and ‘‘Proposal and administrative costs required to Universal Numbering System (DUNS) Narrative’’ sections of the proposal in implement this program. The Bureau number when applying for all Federal text (.txt) format on a PC-formatted disk. encourages applicants to provide grants or cooperative agreements on or The Bureau will provide these files maximum levels of cost-sharing and after October 1, 2003. The complete electronically to the Public Affairs funding from private sources in support OMB policy directive can be referenced Section at the U.S. embassy for its of its programs. at http://www.whitehouse.gov/omb/ review.

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Diversity, Freedom and Democracy or from: United States Department of Bureau will consider the past Guidelines State, Office of Exchange Coordination performance of prior recipients and the Pursuant to the Bureau’s authorizing and Designation, ECA/EC/ECD—SA–44, demonstrated potential of new legislation, programs must maintain a Room 734, 301 4th Street, SW., applicants. non-political character and should be Washington, DC 20547. Telephone: (7) Project Evaluation: Proposals balanced and representative of the (202) 401–9810. Fax: (202) 401–9809. should include a plan to evaluate the activity’s success, both as the activities diversity of American political, social, Review Process unfold and at the end of the program. A and cultural life. ‘‘Diversity’’ should be The Bureau will acknowledge receipt interpreted in the broadest sense and draft survey questionnaire or other of all proposals and will review them technique plus description of a encompass differences including, but for technical eligibility. Proposals will not limited to ethnicity, race, gender, methodology to use to link outcomes to be deemed ineligible if they do not fully original project objectives are religion, geographic location, socio- adhere to the guidelines stated herein economic status, and disabilities. recommended. Successful applicants and in the Solicitation Package. All will be expected to submit intermediate Applicants are strongly encouraged to eligible proposals will be reviewed by adhere to the advancement of this reports after each project component is the program office, as well as the Public concluded or quarterly, whichever is principle both in program Diplomacy section overseas, where administration and in program content. less frequent. appropriate. Eligible proposals will be (8) Cost-Effectiveness: The overhead Please refer to the review criteria under subject to compliance with Federal and the ‘‘Support for Diversity’’ section for and administrative components of the Bureau regulations and guidelines and proposal, including salaries and specific suggestions on incorporating forwarded to Bureau grant panels for diversity into the total proposal. Public honoraria, should be kept as low as advisory review. Proposals may also be possible. All other items should be Law 104–319 provides that ‘‘in carrying reviewed by the Office of the Legal out programs of educational and necessary and appropriate. Adviser or by other Department (9) Cost-sharing: Proposals should cultural exchange in countries whose elements. Final funding decisions are at people do not fully enjoy freedom and maximize cost-sharing through other the discretion of the Department of private sector support as well as democracy,’’ the Bureau ‘‘shall take State’s Assistant Secretary for appropriate steps to provide institutional direct funding Educational and Cultural Affairs. Final contributions. opportunities for participation in such technical authority for assistance programs to human rights and Authority: Overall grant making awards resides with the Bureau’s Grants authority for this program is contained democracy leaders of such countries.’’ Officer. Public Law 106–113 requires that the in the Mutual Educational and Cultural governments of the countries described Review Criteria Exchange Act of 1961, Public Law 87– above do not have inappropriate Technically eligible applications will 256, as amended, also known as the influence in the selection process. be competitively reviewed according to Fulbright-Hays Act. The purpose of the Proposals should reflect advancement of the criteria stated below. These criteria Act is ‘‘to enable the Government of the these goals in their program contents, to are not rank ordered and all carry equal United States to increase mutual the full extent deemed feasible. weight in the proposal evaluation: understanding between the people of (1) Quality of the Program Idea: the United States and the people of Adherence to All Regulations other countries * * *; to strengthen the Governing the J Visa Proposals should exhibit originality, substance, precision, and relevance to ties which unite us with other nations The Bureau of Educational and the Bureau’s mission. by demonstrating the educational and Cultural Affairs is placing renewed (2) Program Planning: Detailed agenda cultural interests, developments, and emphasis on the secure and proper and relevant work plan should achievements of the people of the administration of Exchange Visitor (J demonstrate substantive undertakings United States and other nations * * * visa) Programs and adherence by and logistical capacity. Agenda and plan and thus to assist in the development of grantees and sponsors to all regulations should adhere to the program overview friendly, sympathetic and peaceful governing the J visa. Therefore, and guidelines described above. relations between the United States and proposals should demonstrate the (3) Ability to Achieve Program the other countries of the world.’’ The applicant’s capacity to meet all Objectives: Objectives should be funding authority for the program above requirements governing the reasonable, feasible, and flexible. is provided through legislation. administration of Exchange Visitor Proposals should clearly demonstrate Notice Programs as set forth in 22 CFR part 62, how the institution will meet the including the oversight of Responsible program’s objectives and plan. The terms and conditions published Officers and Alternate Responsible (4) Support of Diversity: Proposals in this RFGP are binding and may not Officers, screening and selection of should demonstrate substantive support be modified by any Bureau program participants, provision of pre- of the Bureau’s policy on diversity. representative. arrival information and orientation to (5) Institutional Capacity: Proposed Explanatory information provided by participants, monitoring of participants, personnel and institutional resources the Bureau that contradicts published proper maintenance and security of should be adequate and appropriate to language will not be binding. Issuance forms, record-keeping, reporting and achieve the program or project’s goals. of the RFGP does not constitute an other requirements. (6) Institution’s Record/Ability: award commitment on the part of the If applicable, the Grantee will be Proposals should demonstrate an Government. The Bureau reserves the responsible for issuing DS–2019 forms institutional record of successful data right to reduce, revise, or increase to participants in this program. collection and statistical analysis, as proposal budgets in accordance with the A copy of the complete regulations well as responsible fiscal management needs of the program and the governing the administration of and full compliance with all reporting availability of funds. Awards made will Exchange Visitor (J) programs is requirements for past Bureau grants as be subject to periodic reporting and available at http://exchanges.state.gov determined by Bureau Grant Staff. The evaluation requirements.

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Notification http://www.airweb.faa.gov/AC within a approximately 654 acres of airport land Final awards cannot be made until few days. located approximately 15 miles from the Comments Invited: We invite funds have been appropriated by Strother Field Airport/Industrial Park interested parties to submit comments Congress, allocated and committed under the provisions of Section 125 of on the proposed AC. Commenters must through internal Bureau procedures. the Wendell H. Ford Aviation identify AC 23.1311–1B and submit Investment Reform Act for the 21st Dated: June 22, 2004. comments to the address specified Century (AIR 21). C. Miller Crouch, above. The FAA will consider all DATES: Comments must be received on Principal Deputy Assistant Secretary, Bureau communications received on or before or before July 28, 2004. of Educational and Cultural Affairs, the closing date for comments before ADDRESSES: Comments on this Department of State. issuing the final AC. The proposed AC application may be mailed or delivered [FR Doc. 04–14600 Filed 6–25–04; 8:45 am] and comments received may be to the FAA at the following address: BILLING CODE 4710–05–P inspected at the Standards Office (ACE– Federal Aviation Administration, 110), 901 Locust, Room 301, Kansas Central Region, Airports Division, ACE– City, Missouri, between the hours of 610C, 901 Locust, Kansas City, Missouri DEPARTMENT OF TRANSPORTATION 8:30 and 4:00 p.m. weekdays, except 64106–2325. In addition, one copy of Federal holidays, by making an any comments submitted to the FAA Federal Aviation Administration appointment in advance with the person must be mailed or delivered to Mr. listed under FOR FURTHER INFORMATION Advisory Circular 23.1311–1B, Jerald Hooley, Chairman, Strother Field CONTACT. Commission, at the following address: Installation of Electronic Displays in Background: AC 23.1311–1B, Part 23 Airplanes Strother Field Airport/Industrial Park, ‘‘Installation of Electronic Displays in P.O. Box 747, Winfield, Kansas 67156. Part 23 Airplanes,’’ will replace AC AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Mrs. 23.1311–1A, ‘‘Installation of Electronic Administration (FAA), DOT. Nicoletta S. Oliver, Airports Compliance Display Instrument Systems in Part 23 ACTION: Specialist, Federal Aviation Notice of availability of Airplanes,’’ dated March 12, 1999. Administration, Central Region, proposed advisory circular (AC) and Amendment 23–41, effective Airports Division, ACE–610C, 901 request for comments. November 26, 1990, established Locust, Kansas City, Missouri 64106– airworthiness standards under § 23.1311 SUMMARY: This notice announces the 2325. The request to release property for installing electronic display availability of and requests comments may be reviewed in person at this same instrument systems in normal, utility, on a proposed AC. Proposed AC location. 23.1311–1B provides information and acrobatic, and commuter category airplanes. When the first electronic SUPPLEMENTARY INFORMATION: The FAA guidance concerning an acceptable invites public comment on the request means, but not the only means, of displays were developed, they replaced conventional electromechanical to release property owned by the Cities compliance with Title 14 of the Code of of Winfield and Arkansas City, Federal Regulations (14 CFR), part 23, components. Later designs provided more extensive information integration. Winfield, Kansas, under the provisions applicable to the installation of of AIR21. electronic displays in part 23 airplanes. Amendment 23–49, effective March 11, 1996, harmonized 14 CFR, part 23, with On April 8, 2004, the FAA This AC contains over twenty updates determined that the request to release since the last issuance. Two of the major the Joint Aviation Requirements. The most recent revision to § 23.1311 property owned by the Cities of revisions are new sections: field-of-view Winfield and Arkansas City, Winfield, and color for weather displays. removed redundant requirements and clarified what secondary instruments Kansas, submitted by the Strother Field DATES: Comments must be received on are required. Commission met the procedural or before August 27, 2004. requirements of the Federal Aviation Issued in Kansas City, Missouri on June 16, ADDRESSES: Send all comments on the Regulations, Part 155. 2004. proposed AC to: Federal Aviation The FAA will approve or disapprove Administration, Small Airplane William J. Timberlake, the request, in whole or in part, no later Directorate, Aircraft Certification Acting Manager, Small Airplane Directorate, than July 30, 2004. Service, Regulations and Policy (ACE– Aircraft Certification Service. The following is a brief overview of 111), 901 Locust Street, Kansas City, [FR Doc. 04–14632 Filed 6–25–04; 8:45 am] the request. Missouri 64106. Electronic comments BILLING CODE 4910–13–P The Strother Field Commission may be sent to the individual named requests the release of approximately under FOR FURTHER INFORMATION 654 acres of airport property on the DEPARTMENT OF TRANSPORTATION CONTACT. West Auxiliary Site, which was acquired through the Surplus Property FOR FURTHER INFORMATION CONTACT: Mr. Federal Aviation Administration Act of 1944. This land is located nearly Ervin Dvorak ([email protected]), 15 miles from the airport and was used Notice of Intent To Rule on Request To Standards Office, Small Airplane by the Army during World War II as an Release Airport Property Owned by the Directorate, Aircraft Certification auxiliary land site, but is currently not Cities of Winfield and Arkansas City, Service, Kansas City, Missouri 64106, being used for aeronautical purposes. Winfield, Kansas telephone (816) 329–4123, fax (816) Because of this property’s distance from 329–4090. AGENCY: Federal Aviation the actual location of the airport/ SUPPLEMENTARY INFORMATION: Any Administration, (FAA), DOT. industrial park, staff is not able to person may obtain a copy of this ACTION: Notice of Request to Release regularly patrol or inspect this property. proposed AC by contacting the person Airport Property. The release of the property will allow named above under FOR FURTHER for the sale of the land to generate INFORMATION CONTACT. A copy of the AC SUMMARY: The FAA proposes to rule and revenue for use at the Strother Field will also be available on the Internet at invites public comment on the release of Airport/Industrial Park. The Strother

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Field Commission has current oil and Federal Aviation Administration SUMMARY: Under the provisions of Title gas leases, which have produced income Southern Region, Atlanta Airports 49, U.S.C. Section 47153(c), notice is for the airport and the Commission will District Office, Campus Building, 1701 being given that the FAA is considering retain these leases. College Ave., Suite 2–260, College Park, a request from the Warren County Office Any person may inspect the request GA 30337–2747. 404–305–7152, Fax: of County Executive/Warren County in person at the FAA office listed above –7155. Airport Commission to waive the under FOR FURTHER INFORMATION requirement that a 0.40-acre parcel of SUPPLEMENTARY INFORMATION: The FAA CONTACT. federally obligated property, located at is reviewing a request by the City of In addition, any person may inspect Warren County Memorial Airport, be Thomasville to release 10.5 acres the request, notice and other documents used for aeronautical purposes. located at Thomasville Municipal germane to the request in person at the DATES: Comments must be received on Strother Field Airport/Industrial Park. Airport on the south side of Lawhorn Road west of its intersection with or before July 28, 2004. Issued in Kansas City, Missouri, on April Centennial Road in Lot 218 on the 13th ADDRESSES: Comments on this notice 8, 2004. Land District of Thomas County, may be mailed or delivered in triplicate George A. Hendon, Georgia. Property is currently shown on to the FAA at the following address: Manager, Airports Division Central Region. the approved Airport Layout Plan as Memphis Airports District Office, 2862 [FR Doc. 04–14520 Filed 6–25–04; 8:45 am] aeronautical land; however the property Business Park Drive, Bldg. G, Memphis, BILLING CODE 4910–13–M is currently not being used for TN 38118–1555. aeronautical purposes and will not have In addition, one copy of any an impact to aviation related work. comments submitted to the FAA must DEPARTMENT OF TRANSPORTATION Thomas County will continue to retain be mailed or delivered to Kenneth the property for use by the County Oaks Rogers, Warren County Executive, at the Federal Aviation Administration Public Golf Course. The avigation following address: Warren County Courthouse, Suite 1, 201 Locust Street, Public Notice for a Change in Use of easement will continue to be in effect McMinnville, TN 37110. Aeronautical Property at Thomasville for the Thomasville Municipal Airport. Municipal Airport, Thomasville, GA Property was acquired through the FOR FURTHER INFORMATION CONTACT: Thomasville Army Training Air Base Peggy S. Kelley, Program Manager, AGENCY: Federal Aviation and released by the Department of Memphis Airports District Office, 2862 Administration (FAA), DOT. Defense in 1970. This surplus property Business Park Drive, Building G, ACTION: Request for public comment. is owned by the City of Thomasville and Memphis, TN 38118–1555, (901) 322– Thomas County. Sponsor’s proposed 8186. The application may be reviewed SUMMARY: Section 125 of the Wendell H. sale of property is for the reorientation in person at this same location. Ford Aviation Investment and Reform of the driving range of the County Oaks SUPPLEMENTARY INFORMATION: The FAA Act for the 21st Century (AIR–21) Public Golf Course away from its is reviewing a request by Warren County requires the FAA to provide an current location paralleled to Route 122. Office of County Executive/ Warren opportunity for public notice and The disposition of the sale profit will County Airport Commission to release a comment prior to the ‘‘waiver’’or enter into the Thomasville Municipal small strip of land, approximately 20 ‘‘modification’’ of a sponsor’s Federal Airport Enterprise Fund at fair market feet wide and 870 feet long, containing obligation to use certain airport land for value $2000 per acre. (Almand & 0.40 acres of federally obligated aeronautical purposes. Company Appraisal Consultants, property at Warren County Memorial The Federal Aviation Administration Valdosta, GA.) Airport. The property will be exchanged is requesting public comment on the Documents reflecting the Sponsor’s for an adjacent tract that is in the Object city of Thomasville’s request to change request are available for inspection at Free Area for Runway 05/23. The land a portion (10.5 acres) of airport property the Airport Manager’s office and the to be released is along a portion of the from aeronautical use to non- FAA Airport District Office. existing property line on the northwest aeronautical use. side of the airfield. Release and The subject property is located Issued in Atlanta, Georgia on June 15, exchange of the property will allow the adjacent to the County Oaks Public Golf 2004. airport owner to meet current Federal Course located on Lawhorn Road in Scott L. Seritt, Aviation design standards for Runway Land Lots 218 of the 13th Land District Manager, Atlanta Airports District Office, 05/23 and construct a security fence to of Thomas County, Georgia. Southern Region. [FR Doc. 04–14634 Filed 6–25–04; 8:45 am] enhance the security of the airfield. DATES: Comments must be received on Any person may inspect the request BILLING CODE 4910–13–M or before July 28, 2004. in person at the FAA office listed above ADDRESSES: Documents are available for under FOR FURTHER INFORMATION review at the Airport Manager’s office DEPARTMENT OF TRANSPORTATION CONTACT. and the FAA Airport District Office at In addition, any person may, upon the following addresses below: Federal Aviation Administration request, inspect the request, notice and Mr. John F. Wood, Airport Operations other documents germane to the request Engineer, Thomasville Municipal Notice of Opportunity for Public in person at the Warren County Airport, 111 Victoria Place, Comment on Federally Obligated Regional Airport Authority. Property Release at Warren County Thomasville, GA 31792. Issued in Memphis, Tennessee on June 18, Atlanta Airport District Office, 1701 Memorial Airport, McMinnville, 2004. Tennessee College Ave., Suite 2–260, Columbia LaVerne F. Reid, Ave., Suite 2–260, College Park, GA AGENCY: Federal Aviation Manager, Memphis Airports District Office, 30337–2747. Administration (FAA), DOT. Southern Region. FOR FURTHER INFORMATION CONTACT: [FR Doc. 04–14521 Filed 6–25–04; 8:45 am] ACTION: Notice. Phillip Cannon, Program Manager, BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION Issued in Burlington, Massachusetts, on Public Agency: Central West Virginia June 16, 2004. Regional Airport Authority, Charleston, Federal Aviation Administration William C. Yuknewicz, West Virginia. Acting Manager, Air Traffic Organization, Application Number: 04–09–C–00– RIN 2120–AA64 FAA, New England Region. CRW. Draft Environmental Assessment for [FR Doc. 04–14635 Filed 6–25–04; 8:45 am] Application Type: Impose and use a Rerouting Regional Jet and Turboprop BILLING CODE 4910–13–M PFC. Aircraft PFC Level: $4.50. Total PFC Revenue Approved in this AGENCY: Federal Aviation DEPARTMENT OF TRANSPORTATION Decision: $6,426,159. Administration, DOT. Earliest Charge Effective Date; Federal Aviation Administration ACTION: Notice of Availability of a Draft February 1, 2006. Estimated Charge Expiration Date: Environmental Assessment. Notice of Passenger Facility Charge March 1, 2011. (PFC) Approvals and Disapprovals SUMMARY: The Federal Aviation Classes of Air Carriers Not Required Administration (FAA) is making AGENCY: Federal Aviation To Collect PFC’S: available for comment a Draft Administration (FAA), DOT. (1) Charter operators for hire to the Environmental Assessment (EA) general public under Part 135: (2) ACTION: Monthly Notice of PFC regarding the proposed rerouting of Approvals and Disapprovals. In May charter operators for hire to the general regional jet and turboprop aircraft 2004, there was one application public under Part 121; (3) non-signatory within airspace controlled by the new approved. This notice also includes and non-scheduled air carriers. Boston Consolidated TRACON. The information on one application, Determination: Approved. Based on FAA is preparing the EA to comply with approved in April 2004, inadvertently information contained in the public Environmental Quality Regulations, 40 left off the April 2004 notice. agency’s application, the FAA has CFR parts 1500–1508, and FAA Order Additionally, one approved amendment determined that each proposed class 1050.1E, Policies and Procedures for to a previously approved application is accounts for less than 1 percent of the Considering Environmental Impacts. listed. total annual emplacements at Yeager DATES: Comments must be received on Airport. or before July 29, 2004. SUMMARY: The FAA publishes a monthly Brief Description of Projects Approved ADDRESSES: Send all comments on to notice, as appropriate, of PFC approvals for Collection and Use: Ms. Terry Flieger, Environmental and disapprovals under the provisions Runway 5 safety area improvements. Specialist, Federal Aviation of the Aviation Safety and Capacity Runway 23 safety area improvements. Administration, Air Traffic Expansion Act of 1990 (Title IX of the Airport drainage. Organization, 12 New England Omnibus Budget Reconciliation Act of Acquire loading bridges for gates A, B Executive Park, Burlington MA 01803. 1990) (Pub. L. 101–508) and Part 158 of and C4. FOR FURTHER INFORMATION CONTACT: Ms. the Federal Aviation Regulations (14 Acquire security vehicle. Terry Flieger, Environmental Specialist, CFR Part 158). This notice is published Main terminal building emergency Air Traffic Organization, at the above pursuant to paragraph d of § 158.29. generator. Main terminal building fire suppression address, telephone: 781–238–7524, fax: PFC Applications Approved 781–238–7585, or Mr. Christopher system. DePaolo, Air Traffic Control Specialist, Public Agency: Scotts Bluff County Main terminal building expansion at Air Traffic Organization, at the above Airport Authority, Scottsbluff, gate 10. address, telephone: 781–238–7533, fax: . Acquire loading bridge for gate 10. 781–238–7585. Application Number: 04–02–C–00– Runway 15/33 seal coat. BFF. General aviation apron seal coat. SUPPLEMENTARY INFORMATION: The FAA Application Type: Impose and use a Environmental assessment for runway 5 is making available the Draft PFC. protection zone land acquisition and Environmental Assessment (EA) for the PFC Level: $4.50. obstruction removal. proposed rerouting of regional jet (RJ) Total PFC Revenue Approved in This Acquire snow removal equipment (two and turboprop (TP) aircraft approaching plows with spreaders). Boston-Logan (BOS) from the east. The Decision: $112,700. Earliest Charge Effective Date: July 1, Acquire snow removal equipment proposal will route these aircraft along (broom). an existing TP route approaching BOS 2004. from the north. A Draft Environmental Estimated Charge Expiration Date: Brief Description of Projects Approved Assessment has been prepared and is April 1, 2007. for Collection: now available for public review and Class of Air Carriers Not Required To Runway 5 obstruction removal. comment. An electronic version of the Collect PFC’S: None. Runway 5 protection zone land document can be found on the following Brief Description of Project Approved acquisition. Internet address: www.faa.gov/ For Collection and Use: Construct new Rehabilitate taxiways A and B. programs/en/ane/noise under the terminal. Decision Date: May 17, 2004. heading Public Notices. The FAA will Decision Date: April 27, 2004. FOR FURTHER INFORMATION CONTACT: carefully review all comments received FOR FURTHER INFORMATION CONTACT: Larry F. Clark, Beckley Airports District by the date published in the DATES Lorna K. Sandridge, Central Region Office, (304) 252–6216. section of this notice. Airport Division, (816) 329–2641. Amendment to PFC Approvals:

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Amend- Original ap- Amended Original Amended ment ap- proved net approved estimated estimated Amendment No., city, state proved PFC rev- net PFC charge charge date enue revenue exp. date exp. date

01–03–C–02–LIT Little Rock, AR ...... 05/14/04 $15,986,750 $18,850,300 04/01/15 08/01/05

Issued in Washington, DC on June 18, between South Station and Boylston agencies through meetings and 2004. Station. An alignment for this phase, correspondence, and after hearing from JoAnn Horne, extending from South Station along the general public. Interested Manager, Financial Analysis and Passenger Essex Street, Avenue de Lafayette, and individuals, organizations, and agencies Facility Charge Branch. Avery/Tremont Streets to Boylston are invited to comment on the [FR Doc. 04–14522 Filed 6–25–04; 8:45 am] Station terminating in a loop alternatives to be evaluated and related BILLING CODE 4910–13–M underneath the Boston Common Central issues of concern. Written comments on Burying Ground, was reviewed and the alternatives and potential impacts to approved as part of the 1993 South be considered should be sent to Andrew DEPARTMENT OF TRANSPORTATION Boston Piers/Fort Point Channel Transit Brennan at the MBTA. Project Final Environmental Impact II. Alternatives Federal Transit Administration Statement/Final Environmental Impact A preferred alternative for the core Preparation of Supplemental Report (FEIS/FEIR). The FTA issued its tunnel segment has been selected. This Environmental Impact Statement on Record of Decision (ROD) for the Full core tunnel segment connects to the the Silver Line Phase III, Boston, MA Build Alternative of the South Boston Piers Transitway Project (which was existing Silver Line Phase II tunnel in AGENCY: Federal Transit Administration intended to be built in two phases) on Atlantic Avenue, near South Station. (FTA), DOT. May 12, 1994. The initial phase of the The tunnel extends down Essex and ACTION: Notice of intent to prepare a Transitway project (now Phase II of the Boylston Street to a turnaround loop Supplemental Environmental Impact Silver Line) is currently under under the intersection of Charles and Statement (SEIS). construction between South Station and Boylston Streets. Two new underground the South Boston waterfront. This SEIS Silver Line stations at Chinatown and SUMMARY: The Federal Transit will evaluate the alignment Boylston Street will be provided. The Administration (FTA) and the modifications from South Station core tunnel segment is substantially Massachusetts Bay Transportation (where it will connect to the Phase II similar to the project that was reviewed Authority (MBTA) intend to prepare a tunnel) to Boylston Station and the in the prior 1993 FEIS/FEIR, for which Supplemental Environmental Impact alternative tunnel alignment and portal the FTA issued a ROD, and the Statement (SEIS) in accordance with the locations for the connection to Phase I Massachusetts Executive Office of National Environmental Policy Act of the Silver Line, which is currently Environmental Affairs (EOEA) issued a (NEPA) and a Supplemental providing service on Washington Street. Certificate of Adequacy. Environmental Impact Report (SEIR) in DATES: A Public Hearing will be held The preferred portal location and accordance with the Massachusetts Wednesday, July 14, 2004 at 7 p.m. at tunnel alignment connecting the core Environmental Policy Act (MEPA) for the Renaissance School at 250 Stuart tunnel segment to the portal have not Phase III of the Silver Line. The Silver Street, Boston, Massachusetts. Written been selected at this point. The public Line is comprised of two formerly Comments on the scope of the SEIS comment process will provide input separate MBTA bus rapid transit (BRT) should be sent to Mr. Andrew Brennan into the analysis of alternatives, projects: the South Boston Piers no later than Friday, July 30, 2004. See following which a preferred portal Transitway (now Silver Line Phase II), ADDRESSES below. location and tunnel alignment providing service from downtown alternative will be selected through the ADDRESSES: Written comments should Boston to the South Boston Waterfront SEIS process. The FTA and the MBTA be sent to Mr. Andrew Brennan, area and Logan International Airport, propose that the following alternatives Director of Environmental Affairs, and the Washington Street Replacement be considered in the SEIS: Transit Service (now Silver Line Phase Massachusetts Bay Transportation I), extending from Dudley Square to Authority, 10 Park Plaza, Room 6720, Alternative 1: No-Action downtown Boston. Phase III will Boston, MA 02116. Phone No. 617–222– This Alternative assumes existing connect Silver Line Phases I and II and 3126. conditions within the Silver Line Phase will run from South Station to FOR FURTHER INFORMATION CONTACT: III corridor, and that Silver Line Phase Washington Street along Essex and Donna Laidley, Federal Transit I and Phase II would operate as Boylston Streets. Two new Silver Line Administration, Region 1, 55 Broadway, independent services. This alternative Stations are proposed: at Boylston Kendall Square, Cambridge, MA 02142, further assumes no transit investment in Station (connecting to the MBTA Green Phone No. 617–494–2484. Project the corridor, and therefore avoids any Line) and Chinatown Station Information can also be found on the impacts or benefits associated with the (connecting to the MBTA Orange Line). MBTA’s Web site at Build Alternatives. It serves as the Alternative alignments for the tunnel www.allaboutsilverline.com. NEPA baseline against which the extension to the portal connection to SUPPLEMENTARY INFORMATION: transportation, environmental and Washington Street will be evaluated in community impacts of the other the SEIS. I. Public Comment alternatives are compared. The No Phase III of the Silver Line FTA and MBTA will establish the Action Alternative further consists of incorporates what had originally been scope of the SEIS for Silver Line Phase the transportation network contained in the second phase of the South Boston III after consulting with Federal, State, the Regional Transportation Plan for the Piers Transitway, a tunnel connection and local resource and regulatory year 2025.

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Alternative 2: Transportation System Other Alternatives 771) will be addressed to the maximum Management (TSM) The Silver Line Phase III project will extent practicable during the NEPA This alternative includes increased serve the Washington Street corridor as process. In addition, the MBTA seeks Frequency of Existing Service. Under far as Dudley Station, and will also 5309 New Starts funding for the project this option revenue service on Phases I provide parallel service to the Back Bay, and will therefore be subject all the and II would be increased to a level providing a connection from both areas requirements contained in the FTA New consistent with that proposed for Phase to the South Boston waterfront and Starts regulation (49 CFR part 611). III operation. Headways for both Phases Logan Airport. Throughout the Issued on: June 21, 2004. would be decreased and connections development of the project, individuals Richard H. Doyle, between Phases I and II would be made and stakeholders have raised the Regional Administrator. via transfer to and from the Red Line at concept of shifting the portal to a [FR Doc. 04–14637 Filed 6–25–04; 8:45 am] location closer to the Back Bay, making Downtown Crossing Station (to access BILLING CODE 4910–57–P the waterfront and Logan Airport) or this connection more direct. Under such South Station (to access destinations an alignment, the MBTA would still along Washington Street). For the connect to Phase I service in DEPARTMENT OF TRANSPORTATION purpose of the FTA’s Section 5309 New Washington Street, but via a portal in Starts evaluation process, this TSM the Columbus Avenue area, as opposed Research and Special Programs alternative serves as the baseline for to a portal on Washington Street. The Administration quantifying the transportation benefits FTA and MBTA are interested in of the build alternatives. receiving public comment on the Office of Hazardous Materials Safety; viability and feasibility of such an Notice of Application for Exemptions Alternatives 3 Through 5 alternative, and whether it would be AGENCY: appropriate for detailed impact analysis Research and Special Programs The MBTA has developed a set of Administration, DOT. portal location and portal route in the SEIS. ACTION: List of applications for alignment alternatives that respond both III. Public Involvement exemption. to the concerns of various stakeholders A comprehensive public involvement within the project area and to program has been developed. The SUMMARY: In accordance with the engineering and operational criteria. program includes: Outreach to local procedures governing the application Each of these alternatives has in officials and community and civic for, and the processing of, exemptions common the core tunnel segment from groups, a public hearing to identify from the Department of Transportation’s South Station to the turnaround loop at issues of concern among all interested Hazardous Material Regulations (49 CFR Charles Street that follows an alignment parties, and development of a project Part 107, Subpart B), notice is hereby on Essex and Boylston Streets. This core Web site www.allaboutsilverline.com. given that the Office of Hazardous tunnel segment configuration provides Materials Safety has received the the option of the following alternative IV. Probable Effects and Potential application described herein. Each alignments to a portal. Impacts for Analysis mode of transportation for which a Alternative 3: Tremont Street/NEMC The FTA and MBTA will evaluate particular exemption is requested is Portal environmental, social, and economic indicated by a number in the ‘‘Nature of impacts of alternatives analyzed in the Application’’ portion of the table below This Alternative consists of a tunnel SEIS. The likely impact areas to be as follows: 1—Motor vehicle, 2—Rail extending from the core tunnel segment addressed include: Noise and vibration; freight, 3—Cargo vessel, 4—Cargo on a Tremont Street alignment to a land use; visual/aesthetic values; aircraft only, 5—Passenger-carrying portal located between the New England cultural and historical resources; water aircraft. Medical Center (NEMC) garage and the quality, natural resources, air quality; Doubletree Hotel (the NEMC Portal)with DATES: Comments must be received by traffic and parking; hazardous materials; on or before July 28, 2004. a ramp providing access to Washington utilities; energy use and conservation; ADDRESS COMMENTS TO: Street. public safety and security; and Record Center, community impacts. The SEIS will Research and Special Programs Alternative 4: Charles Street/NEMC Administration, U.S. Department of Portal evaluate environmental justice issues as well as secondary, cumulative, and Transportation, Washington, DC 20590. This Alternative consists of a tunnel construction-related impacts. The need Comments should refer to the extending south from the core tunnel for right-of-way acquisitions and application number and be submitted in segment along a Charles Street relocations will also be evaluated. triplicate. If Confirmation of receipt of alignment, and turning east crossing Measures to avoid, minimize, and comments is desired, include a self- under Elliot Norton Park and Tremont mitigate adverse impacts will be addressed stamped postcard showing Street to the NEMC Portal and ramp to developed and evaluated. the exemption number. Washington Street. FOR FURTHER INFORMATION CONTACT: V. FTA Procedures Copies of the applications are available Alternative 5: Charles Street/Elliot In accordance with FTA policy, all for inspection in the Records Center, Norton Park Portal Federal laws, regulations, and executive Nassif Building, 400 7th Street, SW., This Alternative consists of a tunnel orders affecting project development, Washington, DC, or at http:// extending south from the core tunnel including but not limited to the dms.dot.gov. segment along a Charles Street regulations of the Council on This notice of receipt of applications alignment to a portal located within Environmental Quality and FTA’s for modification of exemption is Elliot Norton Park, with a ramp to regulations implementing NEPA (40 published in accordance with Part 107 Tremont Street. CFR parts 1500–1508, and 23 CFR part of the Federal hazardous materials

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transportation law (49 U.S.C. 5117(b); Issued in Washington, DC, on June 23, 49 CFR 1.53(b)). 2004. R. Ryan Posten, Exemptions Program Officer, Office of Hazardous Materials Safety Exemptions & Approvals.

NEW EXEMPTIONS FOR JUNE 2004

Application No. Docket No. Application Regulation(s) affected Nature of exemption thereof

13580–N ...... Carleton Technologies 49 CFR 178.65 ...... To authorize the manufacture, marking, sale and Inc., Orchard Park, NY. use of non-DOT specification pressure vessels for use in transporting certain compressed gases. (Modes 1, 2, 4.) 13581–N ...... Bengal Products Inc., 49 CFR 173.306(a)(3) ..... To authorize the transportation in commerce of cer- Baton Rouge, LA. tain aerosols in packagings manufactured under DOT–E 12573 as consumer commodity ORM–D. (Modes 1, 2, 3, 4.) 13582–N ...... Linde Gas LLC (Linde), 49 CFR 173.301(j) ...... To authorize the transportation in commerce of cer- Independence, OH. tain cylinders manufactured to a foreign specifica- tion for use in transporting certain Zone A toxics. (Modes 1, 3.) 13583–N ...... Structural Composites In- 49 CFR 178.35 ...... To authorize the manufacture, marking, sale and dustries (SCI), Pomona, use of non-DOT specification DOT–CFFC stand- CA. ard cylinders for use in transporting certain com- pressed gases. 13584–N ...... Degussa Corporation, 49 CFR 177.848 ...... To authorize the transportation in commerce of cer- Parsippany, NJ. tain hazardous materials to be transported to- gether in the same transport vehicle. (Mode 1.) 1385–N ...... Texaco Ovonic Hydrogen 49 CFR 173.301(a)(1) ..... To authorize the transportation in commerce of non- Systems, L.L.C., Roch- DOT specification cylinders for use in transporting ester Hills, MI. hydrogen in a metal hydride storage system. (Mode 1.)

[FR Doc. 04–14639 Filed 6–25–04; 8:45 am] application described herein. This Comments should refer to the BILLING CODE 4909–60–M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If Confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are FOR FURTHER INFORMATION CONTACT: Administration not repeated here. Request of modifications of exemptions (e.g. to Copies of the applications are available Office of Hazardous Materials Safety; provide for additional hazardous for inspection in the Records Center, Notice of Applications for Modification materials, packaging design changes, Nassif Building, 400 7th Street, SW., of Exemption additional mode of transportation, etc.) Washington, DC or at http:// dms.dot.gov. AGENCY: Research and Special Programs are described in footnotes to the Administration, DOT. application number. Application This notice of receipt of applications numbers with the suffix ‘‘M’’ denote a for modification of exemption is ACTION: List of applications for modification request. These published in accordance with Part 107 modification of exemption. applications have been separated from of the Federal hazardous materials SUMMARY: In accordance with the the new application for exemption to transportation law (49 U.S.C. 5117(b); procedures governing the application facilitate processing. 49 CFR 1.53(b)). for, and the processing of, exemptions DATES: Comments must be received on Issued in Washington, DC, on June 23, from the Department of Transportation’s or before July 13, 2004. 2004. Hazardous Material Regulations (49 CFR ADDRESS COMMENTS TO: Record Center, R. Ryan Posten, Part 107, Subpart B), notice is hereby Research and Special Programs Exemptions Program Officer, Office of given that the Office of Hazardous Administration, U.S. Department of Hazardous Materials Exemptions & Materials Safety has received the Transportation, Washington, DC 20590. Approvals.

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MODIFICATION EXEMPTIONS

Regulation(s) af- Modification Application No. Docket No. Applicant fected of exemption Nature of exemption thereof

7765–M ...... Carleton Tech- 49 CFR 7765 To modify the exemption to authorize the nologies Inc., Or- 173.302(a)(4); use of an additional non-DOT specifica- chard Park, NY. 175.3. tion pressure vessel reservoir assembly for the transportation of Division 2.2 ma- terials. 10981–M ...... Austin Powder Com- 49 CFR 172.101; 10981 To modify the exemption to authorize an pany, Cleveland, 173.62; 176.83. additional loading operation location for OH. the transportation of Division 1.5D mate- rials in DOT Specification IM 102 port- able tanks. 11241–M ...... Rohm and Haas Co., 49 CFR 179.13; Part 11241 To modify the exemption to authorize in- Philadelphia, PA. 107, Subpart B, creasing the maximum gross weight on Appendix B, Para- rail to 286,000 pounds for DOT Speci- graph 2; fication 105J300W tank cars transporting 172.203(a); Class 3 materials. 173.31(c)(1). 11537–M ...... American Develop- 49 CFR 177.834(h) .. 11537 To modify the exemption to authorize addi- ment Corporation, tional Class 8 materials in UN Standard Vanceboro, NC. UN31H2 or UN31HA1 Intermediate Bulk Containers (IBCs) to be unloaded while on a motor vehicle. 11579–M ...... Dyno Nobel, Inc., 49 CFR 11579 To modify the exemption to authorize the Salt Lake City, UT. 177.848(e)(2); transportation of additional Division 1.4, 177.848(g)(3). 1.5, 5.1, & Combustible materials and the use of several DOT Specification and non-DOT specification bulk packagings. 11667–M ...... Weldship Corpora- 49 CFR 173.302a(b); 11667 To modify the exemption to authorize rail tion, Bethlehem, 180.205 & 180.209. freight as an additional mode of transpor- PA. tation for transporting Division 2.1, 2.2 and 2.3 materials in DOT Specification 3AA, 3AAX and 3T cylinders. 12184–M ...... RSPA–98–4886 Weldship Corpora- 49 CFR 173.302a(b); 12184 To modify the exemption to authorize rail tion, Bethlehem, 180.205 & 180.209. freight as an additional mode of transpor- PA. tation for transporting Division 2.1, 2.2 and 2.3 materials in DOT Specification 3A and 3AA cylinders. 12574–M ...... RSPA–00–8318 Weldship Corpora- 49 CFR 173.302a(b); 12574 To modify the exemption to authorize rail tion, Bethlehem, 180.205 & 180.209. freight as an additional mode of transpor- PA. tation for transporting Division 2.2 mate- rials in manifolded and framed non-DOT specification seamless steel cylinders. 13057–M ...... RSPA–02– MINTEQ Inter- 49 CFR 172 Sub- 13057 To modify the exemption to authorize the 12819. national, Inc., Eas- parts D, E and F; use of wooden spools to coil and ship ton, PA. 173.24(c) Subparts core-filled steel tubing, with an inner core E and F of Part containing various hazardous materials, 173. that is securely affixed on a wooden pal- let. 13083–M ...... RSPA–02– Rockwood Pigments 49 CFR 172.101 (SP 13083 To reissue the exemption originally issued 12994. NA, Inc., St. Louis, IB6 or IP2). on an emergency basis for the transpor- MO. tation of a Division 4.2 material in UN13H2 or UN13H3 Intermediate Bulk Containers (IBCs). 13441–M ...... RSPA–04– Eastman Kodak 49 CFR 13441 To modify the exemption to increase the 17052. Company, Roch- 173.6(a)(1)(ii), weekly/yearly number of bulk shipments ester, NY. 173.6(d). transporting Class 8 & 9 Division 2.1 & 2.2 materials and increase the maximum bulk roll-off packaging weight to 39,000 pounds.

[FR Doc. 04–14640 Filed 6–25–04; 8:45 am] DEPARTMENT OF TRANSPORTATION ACTION: Notice of decision. BILLING CODE 4909–60–M Surface Transportation Board SUMMARY: On June 22, 2004, the Board served a decision to update its [STB Ex Parte No. 558 (Sub–No. 7)] computation of the railroad industry’s Railroad Cost-of-Capital—2003 cost-of-capital for 2003. The composite after-tax cost-of-capital rate for 2003 is AGENCY: Surface Transportation Board, found to be 9.4%, based on a current DoT. cost-of-debt of 5.0%; a cost of common

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equity capital of 12.7%; and a capital SUMMARY: The Veterans Benefits have access to VA’s benefit records structure mix comprised of 42.8% debt Administration (VBA), Department of complete VA Form 20–0344. These and 57.2% common equity. The cost-of- Veterans Affairs (VA), is announcing an individuals are required to provide capital finding made in this proceeding opportunity for public comment on the personal identifying information for will be used in a variety of Board proposed collection of certain themselves and any veteran relatives, in proceedings. information by the agency. Under the order for VA to identify and protect Paperwork Reduction Act (PRA) of DATES: Effective Date: This action is those benefit records. VA uses the 1995, Federal agencies are required to effective June 28, 2004. information to determine which benefit publish notice in the Federal Register records require special handling to FOR FURTHER INFORMATION CONTACT: concerning each proposed collection of guard against fraud, conflict of interest, Leonard J. Blistein, (202) 565–1529. information, including each proposed improper influence etc. by VA and non- (Federal Information Relay Service new collection and allow 60 days for VA employees. (FIRS) for the hearing impaired: 1 (800) public comment in response to the Affected Public: Individuals or 877–8339). notice. This notice solicits comments on households. SUPPLEMENTARY INFORMATION: The cost- information needed to identify and Estimated Annual Burden: 5,834 of-capital finding in this decision may properly protect certain VA benefit hours. be used for a variety of regulatory records. Estimated Average Burden Per purposes. The Board’s decision is Respondent: 25 minutes. DATES: Written comments and Frequency of Response: Annually. posted on the Board’s Web site, recommendations on the proposed www.stb.dot.gov. In addition, copies of Estimated Number of Respondents: collection of information should be 14,000. the decision may be purchased from received on or before August 27, 2004. ASAP Document Solutions by calling Dated: June 21, 2004. ADDRESSES: Submit written comments 301–577–2600 or by e-mailing By direction of the Secretary. [email protected]. on the collection of information to Nancy J. Kessinger, Veterans Benefits Loise Russell, Environmental and Energy Administration (20M35), Department of Director, Records Management Service. Considerations Veterans Affairs, 810 Vermont Avenue, [FR Doc. 04–14577 Filed 6–25–04; 8:45 am] This action will not significantly NW., Washington, DC 20420 or e-mail BILLING CODE 8320–01–P affect either the quality of the human [email protected]. Please refer to ‘‘OMB Control No. 2900–NEW’’ in any environment or the conservation of DEPARTMENT OF VETERANS energy resources. correspondence. FOR FURTHER INFORMATION CONTACT: AFFAIRS Regulatory Flexibility Analysis Nancy J. Kessinger at (202) 273–7079 or Office of Research and Development Pursuant to 5 U.S.C. 605(b), we FAX (202) 275–5947. conclude that our action in this SUPPLEMENTARY INFORMATION: Under the Government Owned Invention proceeding will not have a significant PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Available for Licensing economic impact on a substantial 3501—3521), Federal agencies must number of small entities. The purpose obtain approval from the Office of AGENCY: Office of Research and and effect of this action are to update Management and Budget (OMB) for each Development, Veterans Affairs. the annual railroad industry cost-of- collection of information they conduct ACTION: Notice of Government Owned capital finding by the Board. No new or sponsor. This request for comment is Invention Available for Licensing. reporting or other regulatory being made pursuant to Section SUMMARY: The invention listed below is requirements are imposed, directly or 3506(c)(2)(A) of the PRA. owned by the U.S. Government as indirectly, on small entities. With respect to the following represented by the Department of Authority: 49 U.S.C. 10704(a). collection of information, VBA invites comments on: (1) Whether the proposed Veterans Affairs, and is available for Decided: June 22, 2004. collection of information is necessary licensing in accordance with 35 U.S.C. By the Board, Chairman Nober, Vice for the proper performance of VBA’s 207 and 37 CFR part 404 and/or CRADA Chairman Mulvey, and Commissioner functions, including whether the Collaboration under 15 U.S.C. 3710a to Buttrey. information will have practical utility; achieve expeditious commercialization Vernon A. Williams, (2) the accuracy of VBA’s estimate of the of results of federally funded research Secretary. burden of the proposed collection of and development. Foreign patents are [FR Doc. 04–14590 Filed 6–25–04; 8:45 am] information; (3) ways to enhance the filed on selected inventions to extend market coverage for U.S. companies and BILLING CODE 4915–01–P quality, utility, and clarity of the information to be collected; and (4) may also be available for licensing. ways to minimize the burden of the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS collection of information on Technical and licensing information on AFFAIRS respondents, including through the use the invention may be obtained by of automated collection techniques or writing to: Robert W. Potts, Department [OMB Control No. 2900–NEW] the use of other forms of information of Veterans Affairs, Director Technology Transfer Program, Office of Research Proposed Information Collection technology. Title: Annual Certification of Veteran and Development , 810 Vermont Activity: Proposed Collection; Avenue NW., Washington, DC 20420; Comment Request Status and Veteran-Relatives, VA Form 20–0344. fax: 202–254–0473; e-mail at AGENCY: Veterans Benefits OMB Control Number: 2900–NEW. [email protected]. Any request Administration, Department of Veterans Type of Review: New collection. for information should include the Affairs. Abstract: VBA employees, non-VBA Number and Title for the relevant employees in VBA space and Veteran invention as indicated below. Issued ACTION: Notice. Service Organization employees who patents may be obtained from the

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Commissioner of Patents, U.S. Patent Provisional Patent Application No. 60/ Dated: June 21, 2004. and Trademark Office, Washington, DC 545,532 ‘‘Method of Ameliorating or Anthony J. Principi, 20231. Abrogating the Effects of a Secretary, Department of Veterans Affairs. Neurodegenerative Disorder, such as SUPPLEMENTARY INFORMATION: The [FR Doc. 04–14578 Filed 6–25–04; 8:45 am] Huntington’s Disease, by Sodium BILLING CODE 8320–01–P invention available for licensing is: U.S. Butyrate Chemotherapy.’’

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Corrections Federal Register Vol. 69, No. 123

Monday, June 28, 2004

This section of the FEDERAL REGISTER NUCLEAR REGULATORY DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously COMMISSION published Presidential, Rule, Proposed Rule, Federal Aviation Administration and Notice documents. These corrections are [NUREG–1600] prepared by the Office of the Federal 14 CFR Part 71 Register. Agency prepared corrections are issued as signed documents and appear in NRC Enforcement Policy [Docket No. FAA–2004–18010; Airspace the appropriate document categories Docket No. 04–ACE–39] elsewhere in the issue. Correction Modification of Class E Airspace; In notice document 04–13523 Broken Bow, NE beginning on page 33684 in the issue of ADVISORY COUNCIL ON HISTORIC Wednesday, June 16, 2004, make the Correction PRESERVATION following corrections: In rule document 04–13836 beginning 36 CFR Ch. VIII 1. On page 33684, in the third on page 34060 in the issue of Friday, column, in the third full paragraph, in June 18, 2004, make the following Unified Agenda of Federal Regulatory the second line ‘‘20 CFR’’ should read corrections: and Deregulatory Actions ‘‘10 CFR’’. 1. On page 34061, in the first column, under the Comments Invited heading, in Correction 2. On the same page, in the same column, in the same paragraph, in the the fourth line from the bottom, ‘‘Docket In proposed rule document 04–12485 fifth line, ‘‘20 CFR’’ should read ‘‘10 No. FAA–2004–1800’’ should read, ‘‘Docket No. FAA–2004–18010’’. appearing on page 38134 in the issue of CFR’’. Monday, June 28, 2004, make the [FR Doc. C4–13523 Filed 6–25–04; 8:45 am] §71.1 [Corrected] following correction: BILLING CODE 1505–01–D 2. On the same page, in §71.1, in the In the third column, in the file line, third column, in the second line, ‘‘79– the Federal Register document number mile radius’’ should read, ‘‘7.9–mile ‘‘04–12435’’ should read, ‘‘04–12485.’’ radius’’. [FR Doc. C4–12485 Filed 6–25–04; 8:45 am] [FR Doc. C4–13836 Filed 6–25–04; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D

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Reader Aids Federal Register Vol. 69, No. 123 Monday, June 28, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. Presidential Documents 3 CFR 930...... 34549 996...... 31725 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 1033...... 34554 7792...... 32239 1124...... 34912 Other Services 7793...... 32241 1280...... 31731 Electronic and on-line services (voice) 741–6020 7794...... 32243 1469...... 34502 Privacy Act Compilation 741–6064 7795...... 32427 1792...... 35229 Public Laws Update Service (numbers, dates, etc.) 741–6043 7796...... 33831 1910...... 30997 TTY for the deaf-and-hard-of-hearing 741–6086 7797...... 35227 1941...... 30997 7798...... 35503 1965...... 30997 ELECTRONIC RESEARCH Executive Orders: 4290...... 32200 World Wide Web 11582 (See EO Proposed Rules: 13343) ...... 32245 56...... 31039 Full text of the daily Federal Register, CFR and other publications 13159 (see Notice of 319...... 33584 is located at: http://www.gpoaccess.gov/nara/index.html June 16, 2004)...... 34047 929...... 31537 Federal Register information and research tools, including Public 13219 (see Notice of 981...... 33584 Inspection List, indexes, and links to GPO Access are located at: June 24, 2004)...... 36005 1030...... 34963 http://www.archives.gov/federallregister/ 13304 (see Notice of 1464...... 34615 June 24, 2004)...... 36005 E-mail 1486...... 34616 13342...... 31509 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13343...... 32245 8 CFR an open e-mail service that provides subscribers with a digital Administrative Orders: 103...... 35229 form of the Federal Register Table of Contents. The digital form Memorandums: 274a...... 34913 of the Federal Register Table of Contents includes HTML and Memorandum of June 1274a...... 34913 PDF links to the full text of each document. 3, 2004...... 32235, 32833 9 CFR To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of June Online mailing list archives, FEDREGTOC-L, Join or leave the list 14, 2004 ...... 34043 1...... 31513 (orchange settings); then follow the instructions. Notices: 319...... 34913 PENS (Public Law Electronic Notification Service) is an e-mail Notice of June 15, Proposed Rules: service that notifies subscribers of recently enacted laws. 2004 ...... 34045 2...... 31537 Notice of June 16, 3...... 31537 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2004 ...... 34047 and select Join or leave the list (or change settings); then follow Notice of June 24, 10 CFR the instructions. 2004 ...... 36005 2...... 32836 FEDREGTOC-L and PENS are mailing lists only. We cannot Presidential 50...... 33536 respond to specific inquiries. Determinations: 12 CFR Reference questions. Send questions and comments about the No. 2004–31 of May 32...... 32435 Federal Register system to: [email protected] 25, 2004 ...... 31511 No. 2004–32 of June 222...... 33281 The Federal Register staff cannot interpret specific documents or 3, 2004 ...... 32429 229...... 35505 regulations. No. 2004–33 of June Proposed Rules: 3, 2004 ...... 32431 30...... 31913 FEDERAL REGISTER PAGES AND DATE, JUNE No. 2004–34 of June 41...... 31913 3, 2004 ...... 32433 202...... 35541 30815–30996...... 1 No. 2004–35 of June 205...... 35541 30997–31286...... 2 3, 2004 ...... 34049 208...... 31913 31287–31510...... 3 210...... 34086 31511–31720...... 4 5 CFR 211...... 31913 31721–31866...... 7 110...... 33535 213...... 35541 31867–32246...... 8 230...... 33271, 34911 222...... 31913 32247–32434...... 9 301...... 33271, 34911 225...... 31913 32435–32834...... 10 316...... 33271, 34911 226...... 35541 32835–33270...... 14 337...... 33271, 34911 230...... 31760, 35541 33271–33534...... 15 410...... 33271, 34911 261a...... 31767 33535–33832...... 16 575...... 33536 327...... 31922 33833–34042...... 17 831...... 33277 334...... 31913 34043–34250...... 18 842...... 33277 364...... 31913 34251–34548...... 21 890...... 31721 568...... 31913 34549–34910...... 22 930...... 32835 570...... 31913 34911–35228...... 23 571...... 31913 35229–35502...... 24 7 CFR 611...... 31541 35503–36006...... 25 2...... 34251 612...... 31541 36007–37162...... 28 301 ...... 30815, 31722, 31723 614...... 31541

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615...... 31541 274...... 33262 291...... 34262 164...... 34064, 34923 620...... 31541, 32905 403...... 33258 570...... 32774 165 ...... 30828, 30831, 30833, 621...... 32905 Proposed Rules: 598...... 34262 31294, 31737, 32448, 33304, 650...... 32905 150...... 33874 891...... 34262 34072, 34276, 34278, 34280, 651...... 32905 228...... 35982 982...... 34262 34573, 34575, 34576, 34926, 652...... 32905 229...... 35982 983...... 34262 34928, 34930, 35247, 35249, 653...... 32905 232...... 34860 1000...... 34020 35250, 36012, 36014 654...... 32905 240 ...... 32784, 34860, 35982 Proposed Rules: 169...... 34923 655...... 32905 249...... 34860 954...... 34544 174...... 34923 181...... 33858, 34923 14 CFR 990...... 31055 18 CFR 1003...... 34544 183...... 34923 25 ...... 32849, 32851, 32853, 1b...... 32436 326...... 35515 33551, 33553 4...... 32436 26 CFR 334...... 35518 36...... 31226 11...... 32436 1 ...... 33288, 33571, 33840, Proposed Rules: 39 ...... 30999, 31000, 31002, 12...... 32436 35513 117...... 34099, 34100 31287, 31514, 31518, 31519, 33...... 32436 Proposed Rules: 165...... 36032 31520, 31867, 31870, 31872, 34...... 32436 1 ...... 34322, 34323, 35543, 31874, 31876, 32247, 32249, 35...... 32436 35544 34 CFR 32250, 32251, 32855, 32857, 36...... 32436 74...... 31708 33285, 33555, 33557, 33558, 141...... 32440, 34568 27 CFR 75...... 31708 33561, 33833, 33834, 33836, 154...... 32436 4...... 33572 76...... 31708 33837, 34051, 34257, 34258, 157...... 32436 5...... 33572 80...... 31708 34556, 34557, 34559, 34560, 260...... 32440 7...... 33572 Proposed Rules: 34563, 35235, 35237, 35239, 292...... 32436 200...... 35462 35243, 35506, 35508, 35511, 300...... 32436 28 CFR 36007 357...... 32440 522...... 34063 36 CFR 71 ...... 30818, 30819, 31291, 365...... 32436 7...... 32871, 35519 31865, 32252, 32253, 32254, Proposed Rules: 375...... 32436 242...... 33307, 36016 32255, 32257, 32258, 32859, 75...... 35547 385...... 32436 1253...... 32876 32860, 32861, 32862, 33565, 388...... 32436 29 CFR 33566, 34053, 34054, 34055, Proposed Rules: 1910...... 31880 13...... 31778 34056, 34057, 34058, 34059, 19 CFR 34060, 34061, 34916, 36007, 1926...... 31880 24...... 35229 37 CFR 36164 2590...... 34920 4022...... 33302 1...... 34283, 35428 73...... 32258, 34425 20 CFR 91...... 31518 4044...... 33302 10...... 35428 97 ...... 30820, 33287, 36008 321...... 32259 Proposed Rules: 11...... 35428 121...... 31522 404...... 32260 1910...... 31927 201...... 34578 139...... 31522 Proposed Rules: 1926...... 31777, 34098 38 CFR Proposed Rules: 345...... 32927 2200...... 33878 39 ...... 31045, 31047, 31049, 3...... 31882 21 CFR 30 CFR 31051, 31053, 31325, 31327, 4...... 32449, 34585 31658, 32285, 32287, 32922, 1...... 31660 915...... 30821 17...... 33575, 34074 32924, 33587, 33590, 33592, 10...... 31660 920...... 33848 20...... 31523 33595, 33597, 33599, 33872, 16...... 31660 948...... 33851 61...... 31883 110...... 32863 Proposed Rules: 34091, 34094, 34096, 34312, 39 CFR 34966, 34969, 34971, 34974, 510...... 31878 75...... 35992 35273 520 ...... 31733, 31878, 32272, 250...... 34625 211...... 36018 71 ...... 32288, 32289, 32290, 522 ...... 31734, 31878, 33839, 265...... 34932 32291, 32293, 32294, 32295, 35512 31 CFR 266...... 34932 36030 558...... 31879 515...... 33768 601...... 36018 73...... 32296, 36031 868...... 34917 Proposed Rules: 158...... 32298 870...... 34917 32 CFR 111...... 33341 882...... 34917 18...... 31291 15 CFR 1301...... 34568 57...... 32662 40 CFR 270...... 33567 Proposed Rules: 50...... 35526 738...... 36009 1...... 30842 33 CFR 51...... 35526 740...... 34565 2...... 33602 4...... 34923 52 ...... 31498, 31739, 31889, 742...... 36009 3...... 35277 19...... 34923 31891, 31893, 32273, 32277, 746...... 34565 201...... 31773 67...... 30826 32450, 32454, 33860, 33862, 772...... 36009 202...... 31773 84...... 34923 34285, 34935, 35253, 36023 774...... 36009 205...... 31773 100 ...... 31293, 31294, 32273 61...... 33865 902...... 35194 208...... 31773 101...... 33574, 34923 63 ...... 31008, 31742, 33474 Proposed Rules: 209...... 31773 104...... 33574, 34923 70...... 31498, 34301 801...... 31771 211...... 31773 110...... 32444 71...... 31498 226...... 31773 117 ...... 30826, 30827, 31005, 81 ...... 34076, 34080, 34935, 16 CFR 312...... 32467 31735, 32446, 33854, 34568, 35526 610...... 35468 34570, 34571, 35244, 35245, 82...... 34024 698...... 35468 23 CFR 36011 141...... 31008 Proposed Rules: Proposed Rules: 118...... 34923 180 ...... 31013, 31297, 32281, 680...... 33324 650...... 34314 127...... 34923 32457, 33576, 33578, 34937, 140...... 34923 34945 17 CFR 24 CFR 147...... 33856 282...... 33309, 33312 200...... 34428, 34472 35...... 34262 151...... 32864 300...... 31022, 35256 239...... 33262 200...... 34262 154...... 34923 Proposed Rules: 240...... 34428, 34472 203...... 33524 161...... 34923 51...... 32684

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52 ...... 30845, 30847, 31056, 67...... 31028, 34588 22...... 34239 574...... 31306 31778, 31780, 31782, 31930, Proposed Rules: 25...... 34239, 34241 575...... 31306 32311, 32475, 32476, 32928, 67...... 31070 31...... 34241, 34242 577...... 34954 34323, 34976, 35278, 36035 36...... 30835 597...... 31306 55...... 34981 45 CFR 37...... 34226 1507...... 35536 63...... 31783 61...... 33866 38...... 34231 Proposed Rules: 70...... 33343 52 ...... 34226, 34228, 34229, 171...... 34724 72...... 32684 46 CFR 34239 172...... 34724 73...... 32684 10...... 32465 53 ...... 30835, 34231, 34244 173...... 34724 74...... 32684 12...... 32465 206...... 31907 175...... 34724 77...... 32684 15...... 32465 212...... 35532 176...... 34724 219...... 31909 78...... 32684 25...... 34064 178...... 34724 225...... 31910 82...... 34034 27...... 34064 180...... 34724 227...... 31911 86...... 32804, 34326 221...... 34309 192...... 35279 96...... 32684 310...... 31897 237...... 35532 239...... 35533 195...... 35279 112...... 34014 315...... 34309 242...... 31912 227...... 35146 141...... 31068 355...... 34309 252 ...... 31910, 31911, 35533, 229...... 35146 261...... 35554 555...... 36038 282...... 33343, 33344 47 CFR 35535 1827...... 35270 563...... 32932 300...... 35279 0...... 33580 1828...... 35270 567...... 36038 1620...... 33879 2...... 31904, 32877 1829...... 35270 568...... 36038 25 ...... 31301, 31745, 34950 41 CFR 1830...... 35270 571 ...... 31330, 32954, 34633, 36...... 34590 1831...... 35270 36038 101-37...... 34302 54...... 34590, 34601 1832...... 35270 573...... 36038 301-10...... 34302 61...... 35258 1833...... 35270 578...... 32963 301-70...... 34302 64...... 34950 1834...... 35271 588...... 32954 303-3...... 34302 73 ...... 31904, 32282, 32283, 1835...... 35271 594...... 32312 34602, 34603, 34950, 35531 1836...... 35271 42 CFR 74...... 31904, 33869 1837...... 35271 50 CFR 405...... 35527 76...... 34950 1839...... 35271 409...... 35529 87...... 32877 1841...... 35271 17...... 31460, 31523 411...... 35529 90...... 31904 100...... 33307, 36016 Proposed Rules: 412...... 34585 95...... 32877 204...... 35564 216...... 31321 414...... 35527 101...... 31745 212...... 31939 222...... 32898 Proposed Rules: Proposed Rules: 219...... 35566 223...... 31035, 32898 403...... 35920 2...... 33698 225...... 31939, 35567 300...... 31531 405...... 35716 15...... 34103 236...... 35568 600...... 31531 412...... 35920 25...... 33698 252...... 31939, 35564 622...... 33315 413...... 35716, 35920 36...... 34629 509...... 34248 635 ...... 30837, 33321, 34960 417...... 35716 54...... 31930, 34629 648 ...... 30839, 30840, 32900, 418...... 35920 73 ...... 30853, 30854, 30855, 49 CFR 33580, 35194 460...... 35920 30856, 30857, 33698, 34112, 171...... 34604 660...... 31751, 31758 480...... 35920 34113, 34114, 34115, 34116, 172...... 34604 679 ...... 32283, 32284, 32901, 482...... 35920 34632, 34986, 35560, 35561, 173...... 34604 33581, 34613 483...... 35920 35562, 35563, 35564 178...... 34604 Proposed Rules: 484...... 31248 76...... 34986 191...... 32886 17 ...... 31073, 31552, 31569, 485...... 35920 192...... 32886, 36024 32966, 35768 489...... 35920 48 CFR 195...... 32886 18...... 31582 Ch. 1...... 34224, 34244 199...... 32886 20...... 32418 43 CFR 1...... 30835 393...... 31302 21...... 31074 Proposed Rules: 2...... 34226, 34228 541...... 34612 223...... 33102 4100...... 34425 4...... 34226 542...... 34612 224...... 30857, 33102 8 ...... 34229, 34231, 34244 543...... 34612 300...... 35569 44 CFR 9...... 34230 567...... 31306 648...... 34335 64...... 31022 11...... 34244 571...... 31034, 31306 660 ...... 34116, 34988, 35570 65 ...... 31024, 31026, 34585 12...... 34226 573...... 34954 679...... 31085

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REMINDERS TRANSPORTATION Food labeling— additional consumer The items in this list were DEPARTMENT Uniform compliance dates; products and commercial editorially compiled as an aid Federal Aviation comments due by 7-6- and industrial equipment; to Federal Register users. Administration 04; published 5-4-04 meeting; comments due Inclusion or exclusion from Airworthiness directives: [FR 04-09931] by 7-9-04; published 4-30- 04 [FR 04-09830] this list has no legal Lycoming Engines; AGRICULTURE significance. published 6-28-04 DEPARTMENT ENERGY DEPARTMENT Standard instrument approach Rural Business-Cooperative Federal Energy Regulatory procedures; published 6-28- Service Commission RULES GOING INTO 04 Electric rate and corporate Rural Business Investment EFFECT JUNE 28, 2004 regulation filings: TRANSPORTATION Program; administrative DEPARTMENT provisions; comments due Virginia Electric & Power COMMERCE DEPARTMENT Federal Railroad by 7-8-04; published 6-8-04 Co. et al.; Open for Industry and Security Administration [FR 04-12731] comments until further Bureau Railroad safety enforcement notice; published 10-1-03 AGRICULTURE [FR 03-24818] Export administration procedures: DEPARTMENT regulations: Hazardous materials ENVIRONMENTAL Rural Utilities Service PROTECTION AGENCY NATO member countries; transportation laws and regulations violation; civil Rural Business Investment Air pollutants, hazardous; regional stability and Program; administrative crime control licensing monetary penalties; national emission standards: inflation adjustment; provisions; comments due Hazardous waste requirements; published 6- by 7-8-04; published 6-8-04 28-04 published 5-28-04 combustors; comments Railroad safety laws and [FR 04-12731] due by 7-6-04; published COMMERCE DEPARTMENT regulations violation; civil RUS Telecommunications 4-20-04 [FR 04-07858] National Oceanic and monetary penalties; inflation Borrowers; accounting Air programs; State authority Atmospheric Administration adjustment; published 5-28- requirements; comments delegations: Fishery conservation and 04 due by 7-9-04; published 5- Nevada; comments due by management: 10-04 [FR 04-10512] 7-7-04; published 6-7-04 Caribbean, Gulf, and South COMMENTS DUE NEXT COMMERCE DEPARTMENT [FR 04-12773] Atlantic fisheries— WEEK National Oceanic and Air quality implementation Dolphin and wahoo; Atmospheric Administration plans: published 5-27-04 AGRICULTURE Fishery conservation and Preparation, adoption, and ENVIRONMENTAL DEPARTMENT management: submittal— PROTECTION AGENCY Agricultural Marketing Northeastern United States Regional haze standards; Air quality implementation Service fisheries— best available retrofit technology plans; approval and Cotton classing, testing and Multispecies fishery; determinations; promulgation; various standards: comments due by 7-6- implementation States: Classification services to 04; published 6-21-04 guidelines; comments growers; 2004 user fees; [FR 04-13941] Illinois; published 6-28-04 due by 7-6-04; Open for comments until West Virginia; published 4- West Coast States and published 5-5-04 [FR further notice; published 28-04 Western Pacific 04-09863] 5-28-04 [FR 04-12138] HEALTH AND HUMAN fisheries— Air quality implementation AGRICULTURE SERVICES DEPARTMENT Pacific Coast groundfish; plans; approval and DEPARTMENT comments due by 7-7- promulgation; various Centers for Medicare & Animal and Plant Health Medicaid Services 04; published 6-7-04 States: Inspection Service [FR 04-12707] Medicaid: California; comments due by Livestock and poultry disease COURT SERVICES AND 7-7-04; published 6-7-04 Audiologists; provider control: OFFENDER SUPERVISION [FR 04-12767] qualifications; published 5- Highly pathogenic avian AGENCY FOR THE 28-04 Idaho; comments due by 7- influenza; additional DISTRICT OF COLUMBIA 7-04; published 6-7-04 restrictions; comments HEALTH AND HUMAN Semi-annual agenda; Open for [FR 04-12700] due by 7-9-04; published SERVICES DEPARTMENT comments until further Virginia; comments due by 5-10-04 [FR 04-10524] Food and Drug notice; published 12-22-03 7-7-04; published 6-7-04 Administration Plant-related quarantine, [FR 03-25121] [FR 04-12775] domestic: Animal drugs, feeds, and DEFENSE DEPARTMENT Environmental statements; related products: Karnal bunt; comments due availability, etc.: by 7-6-04; published 5-5- Federal Acquisition Regulation Liquid medicated and free- Coastal nonpoint pollution 04 [FR 04-10195] (FAR): choice medicated animal control program— Service-Disabled Veteran- feed; requirements; AGRICULTURE Owned Small Business Minnesota and Texas; published 5-27-04 DEPARTMENT Open for comments Farm Service Agency Concerns Procurement HOMELAND SECURITY Program; comments due until further notice; Program regulations: DEPARTMENT by 7-6-04; published 5-5- published 10-16-03 [FR Guaranteed farm ownership Coast Guard 04 [FR 04-09752] 03-26087] and operating loan Pesticides; tolerances in food, Ports and waterways safety: requirements; comments ENERGY DEPARTMENT animal feeds, and raw San Francisco Bay, et al., due by 7-6-04; published Energy Efficiency and agricultural commodities: CA; regulated navigation 5-4-04 [FR 04-10068] Renewable Energy Office Harpin protein; comments area; published 5-27-04 AGRICULTURE Consumer products; energy due by 7-6-04; published POSTAL SERVICE DEPARTMENT conservation program: 5-5-04 [FR 04-10212] Purchasing Manual; Food Safety and Inspection Appliance standards Water pollution; effluent establishment; published 6- Service program; possible guidelines for point source 28-04 Meat and poultry inspection: expansion to include categories:

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Meat and poultry products drugs with regard to their Manufacture and distribution; session of Congress which processing facilities; Open microbiological effects on authorization; comments have become Federal laws. It for comments until further bacteria of human health due by 7-9-04; published may be used in conjunction notice; published 12-30-99 concern; Open for 5-10-04 [FR 04-10497] with ‘‘PLUS’’ (Public Laws [FR 04-12017] comments until further SECURITIES AND Update Service) on 202–741– Water programs: notice; published 10-27-03 EXCHANGE COMMISSION 6043. This list is also Oil pollution prevention and [FR 03-27113] Investment advisers: available online at http:// www.archives.gov/ response; non- HOMELAND SECURITY Thrift institutions deemed federal register/public laws/ transportation-related DEPARTMENT not to be investment — — public laws.html. onshore and offshore Coast Guard advisers; comments due — facilities; comments due Anchorage regulations: by 7-9-04; published 5-7- The text of laws is not by 7-7-04; published 6-17- Maryland; Open for 04 [FR 04-10392] 04 [FR 04-13684] published in the Federal comments until further SMALL BUSINESS Register but may be ordered FEDERAL notice; published 1-14-04 ADMINISTRATION in ‘‘slip law’’ (individual COMMUNICATIONS [FR 04-00749] Disaster loan areas: pamphlet) form from the COMMISSION Deepwater ports: Maine; Open for comments Superintendent of Documents, Common carrier services: Regulations; revision; until further notice; U.S. Government Printing N11 codes and other comments due by 7-5-04; published 2-17-04 [FR 04- Office, Washington, DC 20402 abbreviated dialing published 1-6-04 [FR 03- 03374] (phone, 202–512–1808). The arrangements; use; 32204] Government contracting text will also be made comments due by 7-8-04; Drawbridge operations: programs: available on the Internet from published 6-8-04 [FR 04- Massachusetts; comments Service-disabled veteran- GPO Access at http:// 12830] due by 7-8-04; published owned small business www.gpoaccess.gov/plaws/ Digital television stations; table 6-18-04 [FR 04-13819] concerns; comments due index.html. Some laws may not yet be available. of assignments: Maritime security: by 7-6-04; published 5-5- Connecticut; comments due International voyage for 04 [FR 04-09727] H.R. 1086/P.L. 108–237 by 7-6-04; published 6-1- security regulations; TRANSPORTATION 04 [FR 04-12278] interpretation; comments DEPARTMENT To encourage the Montana; comments due by due by 7-6-04; published Federal Aviation development and promulgation 7-6-04; published 6-1-04 4-6-04 [FR 04-07792] Administration of voluntary consensus [FR 04-12277] INTERIOR DEPARTMENT Airworthiness directives: standards by providing relief FEDERAL RESERVE National Park Service Boeing; comments due by under the antitrust laws to standards development SYSTEM Special regulations: 7-6-04; published 5-7-04 organizations with respect to Privacy Act; implementation; Bighorn Canyon National [FR 04-10240] comments due by 7-7-04; DG Flugzeugbau GmbH; conduct engaged in for the Recreation Area, MT and purpose of developing published 6-7-04 [FR 04- WY; personal watercraft comments due by 7-9-04; 12727] published 5-20-04 [FR 04- voluntary consensus use; comments due by 7- standards, and for other GENERAL SERVICES 11371] 6-04; published 5-5-04 purposes. (June 22, 2004; 118 ADMINISTRATION Hamilton Sundstrand Power [FR 04-10140] Stat. 661) Federal Acquisition Regulation NATIONAL AERONAUTICS Systems; comments due (FAR): AND SPACE by 7-6-04; published 5-7- S. 1233/P.L. 108–238 04 [FR 04-10430] Service-Disabled Veteran- ADMINISTRATION National Great Black Owned Small Business Federal Acquisition Regulation Rolls-Royce Corp.; comments due by 7-6-04; Americans Commemoration Concerns Procurement (FAR): Act of 2004 (June 22, 2004; Program; comments due published 5-7-04 [FR 04- Service-Disabled Veteran- 10385] 118 Stat. 670) by 7-6-04; published 5-5- Owned Small Business 04 [FR 04-09752] Concerns Procurement TRANSPORTATION Last List June 17, 2004 HEALTH AND HUMAN Program; comments due DEPARTMENT SERVICES DEPARTMENT by 7-6-04; published 5-5- National Highway Traffic Food and Drug 04 [FR 04-09752] Safety Administration Public Laws Electronic Administration NUCLEAR REGULATORY Motor vehicle safety Notification Service Food for human consumption: COMMISSION standards: (PENS) Food labeling— Environmental statements; Occupant crash protection; availability, etc.: comments due by 7-5-04; Dietary guidance; published 4-6-04 [FR 04- Fort Wayne State comments due by 7-6- 07795] 04; published 5-4-04 Developmental Center; PENS is a free electronic mail [FR 04-10126] Open for comments until TREASURY DEPARTMENT notification service of newly enacted public laws. To Product jurisdiction: further notice; published Terrorism Risk Insurance 5-10-04 [FR 04-10516] Program: subscribe, go to http:// Mode of action and primary listserv.gsa.gov/archives/ PENSION BENEFIT Litigation management; mode of action of publaws-l.html combination products; GUARANTY CORPORATION comments due by 7-6-04; definitions; comments due Penalties assessment and published 5-6-04 [FR 04- 10205] Note: This service is strictly by 7-6-04; published 5-7- relief; participant notices; for E-mail notification of new 04 [FR 04-10447] policy statement; comments laws. The text of laws is not Reports and guidance due by 7-6-04; published 5- LIST OF PUBLIC LAWS available through this service. documents; availability, etc.: 7-04 [FR 04-10407] PENS cannot respond to Evaluating safety of POSTAL SERVICE This is a continuing list of specific inquiries sent to this antimicrobial new animal Postage meters: public bills from the current address.

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CFR CHECKLIST Title Stock Number Price Revision Date 13 ...... (869–052–00038–8) ...... 55.00 Jan. 1, 2004 This checklist, prepared by the Office of the Federal Register, is 14 Parts: published weekly. It is arranged in the order of CFR titles, stock 1–59 ...... (869–052–00039–6) ...... 63.00 Jan. 1, 2004 numbers, prices, and revision dates. 60–139 ...... (869–052–00040–0) ...... 61.00 Jan. 1, 2004 An asterisk (*) precedes each entry that has been issued since last 140–199 ...... (869–052–00041–8) ...... 30.00 Jan. 1, 2004 week and which is now available for sale at the Government Printing 200–1199 ...... (869–052–00042–6) ...... 50.00 Jan. 1, 2004 Office. 1200–End ...... (869–052–00043–4) ...... 45.00 Jan. 1, 2004 A checklist of current CFR volumes comprising a complete CFR set, 15 Parts: also appears in the latest issue of the LSA (List of CFR Sections 0–299 ...... (869–052–00044–2) ...... 40.00 Jan. 1, 2004 Affected), which is revised monthly. 300–799 ...... (869–052–00045–1) ...... 60.00 Jan. 1, 2004 800–End ...... (869–052–00046–9) ...... 42.00 Jan. 1, 2004 The CFR is available free on-line through the Government Printing Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 16 Parts: index.html. For information about GPO Access call the GPO User 0–999 ...... (869–052–00047–7) ...... 50.00 Jan. 1, 2004 Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 1000–End ...... (869–052–00048–5) ...... 60.00 Jan. 1, 2004 The annual rate for subscription to all revised paper volumes is 17 Parts: $1195.00 domestic, $298.75 additional for foreign mailing. 1–199 ...... (869–050–00049–1) ...... 50.00 Apr. 1, 2003 Mail orders to the Superintendent of Documents, Attn: New Orders, 200–239 ...... (869–050–00050–4) ...... 58.00 Apr. 1, 2003 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 240–End ...... (869–050–00051–2) ...... 62.00 Apr. 1, 2003 accompanied by remittance (check, money order, GPO Deposit 18 Parts: Account, VISA, Master Card, or Discover). Charge orders may be 1–399 ...... (869–050–00052–1) ...... 62.00 Apr. 1, 2003 telephoned to the GPO Order Desk, Monday through Friday, at (202) 400–End ...... (869–052–00054–0) ...... 26.00 Apr. 1, 2004 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders to (202) 512-2250. 19 Parts: 1–140 ...... (869–050–00054–7) ...... 60.00 Apr. 1, 2003 Title Stock Number Price Revision Date 141–199 ...... (869–050–00055–5) ...... 58.00 Apr. 1, 2003 1, 2 (2 Reserved) ...... (869–052–00001–9) ...... 9.00 4Jan. 1, 2004 200–End ...... (869–050–00056–3) ...... 30.00 Apr. 1, 2003 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–050–00057–1) ...... 50.00 Apr. 1, 2003 101) ...... (869–052–00002–7) ...... 35.00 1 Jan. 1, 2004 400–499 ...... (869–050–00058–0) ...... 63.00 Apr. 1, 2003 4 ...... (869–052–00003–5) ...... 10.00 Jan. 1, 2004 500–End ...... (869–050–00059–8) ...... 63.00 Apr. 1, 2003 5 Parts: 21 Parts: 1–699 ...... (869–052–00004–3) ...... 60.00 Jan. 1, 2004 1–99 ...... (869–052–00061–2) ...... 42.00 Apr. 1, 2004 700–1199 ...... (869–052–00005–1) ...... 50.00 Jan. 1, 2004 100–169 ...... (869–050–00061–0) ...... 47.00 Apr. 1, 2003 1200–End ...... (869–052–00006–0) ...... 61.00 Jan. 1, 2004 170–199 ...... (869–050–00062–8) ...... 50.00 Apr. 1, 2003 200–299 ...... (869–052–00064–7) ...... 17.00 Apr. 1, 2004 6 ...... (869–052–00007–8) ...... 10.50 Jan. 1, 2004 300–499 ...... (869–050–00064–4) ...... 29.00 Apr. 1, 2003 7 Parts: 500–599 ...... (869–052–00066–3) ...... 47.00 Apr. 1, 2004 1–26 ...... (869–052–00008–6) ...... 44.00 Jan. 1, 2004 600–799 ...... (869–052–00067–1) ...... 15.00 Apr. 1, 2004 27–52 ...... (869–052–00009–4) ...... 49.00 Jan. 1, 2004 800–1299 ...... (869–050–00067–9) ...... 58.00 Apr. 1, 2003 53–209 ...... (869–052–00010–8) ...... 37.00 Jan. 1, 2004 1300–End ...... (869–052–00069–8) ...... 24.00 Apr. 1, 2004 210–299 ...... (869–052–00011–6) ...... 62.00 Jan. 1, 2004 22 Parts: 300–399 ...... (869–052–00012–4) ...... 46.00 Jan. 1, 2004 1–299 ...... (869–050–00069–5) ...... 62.00 Apr. 1, 2003 400–699 ...... (869–052–00013–2) ...... 42.00 Jan. 1, 2004 300–End ...... (869–050–00070–9) ...... 44.00 Apr. 1, 2003 700–899 ...... (869–052–00014–1) ...... 43.00 Jan. 1, 2004 900–999 ...... (869–052–00015–9) ...... 60.00 Jan. 1, 2004 23 ...... (869–050–00071–7) ...... 44.00 Apr. 1, 2003 1000–1199 ...... (869–052–00016–7) ...... 22.00 Jan. 1, 2004 24 Parts: 1200–1599 ...... (869–052–00017–5) ...... 61.00 Jan. 1, 2004 0–199 ...... (869–050–00072–5) ...... 58.00 Apr. 1, 2003 1600–1899 ...... (869–052–00018–3) ...... 64.00 Jan. 1, 2004 200–499 ...... (869–050–00073–3) ...... 50.00 Apr. 1, 2003 1900–1939 ...... (869–052–00019–1) ...... 31.00 Jan. 1, 2004 500–699 ...... (869–052–00075–2) ...... 30.00 Apr. 1, 2004 1940–1949 ...... (869–052–00020–5) ...... 50.00 Jan. 1, 2004 700–1699 ...... (869–050–00075–0) ...... 61.00 Apr. 1, 2003 1950–1999 ...... (869–052–00021–3) ...... 46.00 Jan. 1, 2004 1700–End ...... (869–050–00076–8) ...... 30.00 Apr. 1, 2003 2000–End ...... (869–052–00022–1) ...... 50.00 Jan. 1, 2004 25 ...... (869–050–00077–6) ...... 63.00 Apr. 1, 2003 8 ...... (869–052–00023–0) ...... 63.00 Jan. 1, 2004 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–050–00078–4) ...... 49.00 Apr. 1, 2003 1–199 ...... (869–052–00024–8) ...... 61.00 Jan. 1, 2004 §§ 1.61–1.169 ...... (869–050–00079–2) ...... 63.00 Apr. 1, 2003 200–End ...... (869–052–00025–6) ...... 58.00 Jan. 1, 2004 §§ 1.170–1.300 ...... (869–050–00080–6) ...... 57.00 Apr. 1, 2003 10 Parts: §§ 1.301–1.400 ...... (869–050–00081–4) ...... 46.00 Apr. 1, 2003 1–50 ...... (869–052–00026–4) ...... 61.00 Jan. 1, 2004 §§ 1.401–1.440 ...... (869–052–00083–3) ...... 62.00 Apr. 1, 2004 51–199 ...... (869–052–00027–2) ...... 58.00 Jan. 1, 2004 §§ 1.441–1.500 ...... (869–050–00083–1) ...... 50.00 Apr. 1, 2003 200–499 ...... (869–052–00028–1) ...... 46.00 Jan. 1, 2004 §§ 1.501–1.640 ...... (869–050–00084–9) ...... 49.00 Apr. 1, 2003 500–End ...... (869–052–00029–9) ...... 62.00 Jan. 1, 2004 §§ 1.641–1.850 ...... (869–050–00085–7) ...... 60.00 Apr. 1, 2003 §§ 1.851–1.907 ...... (869–050–00086–5) ...... 60.00 Apr. 1, 2003 11 ...... (869–052–00030–2) 41.00 Feb. 3, 2004 §§ 1.908–1.1000 ...... (869–052–00088–4) ...... 60.00 Apr. 1, 2004 12 Parts: §§ 1.1001–1.1400 ...... (869–050–00088–1) ...... 61.00 Apr. 1, 2003 1–199 ...... (869–052–00031–1) ...... 34.00 Jan. 1, 2004 §§ 1.1401–1.1503–2A .... (869–050–00089–0) ...... 50.00 Apr. 1, 2003 200–219 ...... (869–052–00032–9) ...... 37.00 Jan. 1, 2004 §§ 1.1551–End ...... (869–052–00091–4) ...... 55.00 Apr. 1, 2004 220–299 ...... (869–052–00033–7) ...... 61.00 Jan. 1, 2004 2–29 ...... (869–050–00091–1) ...... 60.00 Apr. 1, 2003 300–499 ...... (869–052–00034–5) ...... 47.00 Jan. 1, 2004 30–39 ...... (869–050–00092–0) ...... 41.00 Apr. 1, 2003 500–599 ...... (869–052–00035–3) ...... 39.00 Jan. 1, 2004 40–49 ...... (869–052–00094–9) ...... 28.00 Apr. 1, 2004 600–899 ...... (869–052–00036–1) ...... 56.00 Jan. 1, 2004 50–299 ...... (869–050–00094–6) ...... 41.00 Apr. 1, 2003 900–End ...... (869–052–00037–0) ...... 50.00 Jan. 1, 2004 300–499 ...... (869–050–00095–4) ...... 61.00 Apr. 1, 2003

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–050–00096–2) ...... 12.00 5Apr. 1, 2003 72–80 ...... (869–050–00149–7) ...... 61.00 July 1, 2003 600–End ...... (869–050–00097–1) ...... 17.00 Apr. 1, 2003 81–85 ...... (869–050–00150–1) ...... 50.00 July 1, 2003 27 Parts: 86 (86.1–86.599–99) ...... (869–050–00151–9) ...... 57.00 July 1, 2003 86 (86.600–1–End) ...... 1–199 ...... (869–050–00098–9) ...... 63.00 Apr. 1, 2003 (869–050–00152–7) 50.00 July 1, 2003 ...... (869–050–00153–5) ...... 60.00 July 1, 2003 200–End ...... (869–050–00099–7) ...... 25.00 Apr. 1, 2003 87–99 100–135 ...... (869–050–00154–3) ...... 43.00 July 1, 2003 28 Parts: ...... 136–149 ...... (869–150–00155–1) ...... 61.00 July 1, 2003 0–42 ...... (869–050–00100–4) ...... 61.00 July 1, 2003 150–189 ...... (869–050–00156–0) ...... 49.00 July 1, 2003 43–End ...... (869–050–00101–2) ...... 58.00 July 1, 2003 190–259 ...... (869–050–00157–8) ...... 39.00 July 1, 2003 29 Parts: 260–265 ...... (869–050–00158–6) ...... 50.00 July 1, 2003 0–99 ...... (869–050–00102–1) ...... 50.00 July 1, 2003 266–299 ...... (869–050–00159–4) ...... 50.00 July 1, 2003 100–499 ...... (869–050–00103–9) ...... 22.00 July 1, 2003 300–399 ...... (869–050–00160–8) ...... 42.00 July 1, 2003 500–899 ...... (869–050–00104–7) ...... 61.00 July 1, 2003 400–424 ...... (869–050–00161–6) ...... 56.00 July 1, 2003 900–1899 ...... (869–050–00105–5) ...... 35.00 July 1, 2003 425–699 ...... (869–050–00162–4) ...... 61.00 July 1, 2003 1900–1910 (§§ 1900 to 700–789 ...... (869–050–00163–2) ...... 61.00 July 1, 2003 1910.999) ...... (869–050–00106–3) ...... 61.00 July 1, 2003 790–End ...... (869–050–00164–1) ...... 58.00 July 1, 2003 1910 (§§ 1910.1000 to 41 Chapters: end) ...... (869–050–00107–1) ...... 46.00 July 1, 2003 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–050–00108–0) ...... 30.00 July 1, 2003 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1926 ...... (869–050–00109–8) ...... 50.00 July 1, 2003 3–6 ...... 14.00 3 July 1, 1984 1927–End ...... (869–050–00110–1) ...... 62.00 July 1, 2003 7 ...... 6.00 3 July 1, 1984 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–050–00111–0) ...... 57.00 July 1, 2003 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–050–00112–8) ...... 50.00 July 1, 2003 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–050–00113–6) ...... 57.00 July 1, 2003 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 0–199 ...... (869–050–00114–4) ...... 40.00 July 1, 2003 19–100 ...... 13.00 3 July 1, 1984 200–End ...... (869–050–00115–2) ...... 64.00 July 1, 2003 1–100 ...... (869–050–00165–9) ...... 23.00 7July 1, 2003 32 Parts: 101 ...... (869–050–00166–7) ...... 24.00 July 1, 2003 1–39, Vol. I ...... 15.00 2 July 1, 1984 102–200 ...... (869–050–00167–5) ...... 50.00 July 1, 2003 1–39, Vol. II ...... 19.00 2 July 1, 1984 201–End ...... (869–050–00168–3) ...... 22.00 July 1, 2003 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–050–00116–1) ...... 60.00 July 1, 2003 1–399 ...... (869–050–00169–1) ...... 60.00 Oct. 1, 2003 191–399 ...... (869–050–00117–9) ...... 63.00 July 1, 2003 400–429 ...... (869–050–00170–5) ...... 62.00 Oct. 1, 2003 400–629 ...... (869–050–00118–7) ...... 50.00 July 1, 2003 430–End ...... (869–050–00171–3) ...... 64.00 Oct. 1, 2003 630–699 ...... (869–050–00119–5) ...... 37.00 7July 1, 2003 700–799 ...... (869–050–00120–9) ...... 46.00 July 1, 2003 43 Parts: 800–End ...... (869–050–00121–7) ...... 47.00 July 1, 2003 1–999 ...... (869–050–00172–1) ...... 55.00 Oct. 1, 2003 1000–end ...... (869–050–00173–0) ...... 62.00 Oct. 1, 2003 33 Parts: 1–124 ...... (869–050–00122–5) ...... 55.00 July 1, 2003 44 ...... (869–050–00174–8) ...... 50.00 Oct. 1, 2003 125–199 ...... (869–050–00123–3) ...... 61.00 July 1, 2003 45 Parts: 200–End ...... (869–050–00124–1) ...... 50.00 July 1, 2003 1–199 ...... (869–050–00175–6) ...... 60.00 Oct. 1, 2003 34 Parts: 200–499 ...... (869–050–00176–4) ...... 33.00 Oct. 1, 2003 1–299 ...... (869–050–00125–0) ...... 49.00 July 1, 2003 500–1199 ...... (869–050–00177–2) ...... 50.00 Oct. 1, 2003 300–399 ...... (869–050–00126–8) ...... 43.00 7July 1, 2003 1200–End ...... (869–050–00178–1) ...... 60.00 Oct. 1, 2003 400–End ...... (869–050–00127–6) ...... 61.00 July 1, 2003 46 Parts: 35 ...... (869–050–00128–4) ...... 10.00 6July 1, 2003 1–40 ...... (869–050–00179–9) ...... 46.00 Oct. 1, 2003 41–69 ...... (869–050–00180–2) ...... 39.00 Oct. 1, 2003 36 Parts 70–89 ...... (869–050–00181–1) ...... 14.00 Oct. 1, 2003 1–199 ...... (869–050–00129–2) ...... 37.00 July 1, 2003 90–139 ...... (869–050–00182–9) ...... 44.00 Oct. 1, 2003 200–299 ...... (869–050–00130–6) ...... 37.00 July 1, 2003 140–155 ...... (869–050–00183–7) ...... 25.00 Oct. 1, 2003 300–End ...... (869–050–00131–4) ...... 61.00 July 1, 2003 156–165 ...... (869–050–00184–5) ...... 34.00 Oct. 1, 2003 37 ...... (869–050–00132–2) ...... 50.00 July 1, 2003 166–199 ...... (869–050–00185–3) ...... 46.00 Oct. 1, 2003 200–499 ...... (869–050–00186–1) ...... 39.00 Oct. 1, 2003 38 Parts: 500–End ...... (869–050–00187–0) ...... 25.00 Oct. 1, 2003 0–17 ...... (869–050–00133–1) ...... 58.00 July 1, 2003 18–End ...... (869–050–00134–9) ...... 62.00 July 1, 2003 47 Parts: 0–19 ...... (869–050–00188–8) ...... 61.00 Oct. 1, 2003 39 ...... (869–050–00135–7) ...... 41.00 July 1, 2003 20–39 ...... (869–050–00189–6) ...... 45.00 Oct. 1, 2003 40 Parts: 40–69 ...... (869–050–00190–0) ...... 39.00 Oct. 1, 2003 1–49 ...... (869–050–00136–5) ...... 60.00 July 1, 2003 70–79 ...... (869–050–00191–8) ...... 61.00 Oct. 1, 2003 50–51 ...... (869–050–00137–3) ...... 44.00 July 1, 2003 80–End ...... (869–050–00192–6) ...... 61.00 Oct. 1, 2003 52 (52.01–52.1018) ...... (869–050–00138–1) ...... 58.00 July 1, 2003 48 Chapters: 52 (52.1019–End) ...... (869–050–00139–0) ...... 61.00 July 1, 2003 1 (Parts 1–51) ...... (869–050–00193–4) ...... 63.00 Oct. 1, 2003 53–59 ...... (869–050–00140–3) ...... 31.00 July 1, 2003 1 (Parts 52–99) ...... (869–050–00194–2) ...... 50.00 Oct. 1, 2003 60 (60.1–End) ...... (869–050–00141–1) ...... 58.00 July 1, 2003 2 (Parts 201–299) ...... (869–050–00195–1) ...... 55.00 Oct. 1, 2003 60 (Apps) ...... (869–050–00142–0) ...... 51.00 8July 1, 2003 3–6 ...... (869–050–00196–9) ...... 33.00 Oct. 1, 2003 61–62 ...... (869–050–00143–8) ...... 43.00 July 1, 2003 7–14 ...... (869–050–00197–7) ...... 61.00 Oct. 1, 2003 63 (63.1–63.599) ...... (869–050–00144–6) ...... 58.00 July 1, 2003 15–28 ...... (869–050–00198–5) ...... 57.00 Oct. 1, 2003 63 (63.600–63.1199) ...... (869–050–00145–4) ...... 50.00 July 1, 2003 29–End ...... (869–050–00199–3) ...... 38.00 9Oct. 1, 2003 63 (63.1200–63.1439) .... (869–050–00146–2) ...... 50.00 July 1, 2003 63 (63.1440–End) ...... (869–050–00147–1) ...... 64.00 July 1, 2003 49 Parts: 64–71 ...... (869–050–00148–9) ...... 29.00 July 1, 2003 1–99 ...... (869–050–00200–1) ...... 60.00 Oct. 1, 2003

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Title Stock Number Price Revision Date 100–185 ...... (869–050–00201–9) ...... 63.00 Oct. 1, 2003 186–199 ...... (869–050–00202–7) ...... 20.00 Oct. 1, 2003 200–399 ...... (869–050–00203–5) ...... 64.00 Oct. 1, 2003 400–599 ...... (869–050–00204–3) ...... 63.00 Oct. 1, 2003 600–999 ...... (869–050–00205–1) ...... 22.00 Oct. 1, 2003 1000–1199 ...... (869–050–00206–0) ...... 26.00 Oct. 1, 2003 1200–End ...... (869–048–00207–8) ...... 33.00 Oct. 1, 2003 50 Parts: 1–16 ...... (869–050–00208–6) ...... 11.00 Oct. 1, 2003 17.1–17.95 ...... (869–050–00209–4) ...... 62.00 Oct. 1, 2003 17.96–17.99(h) ...... (869–050–00210–8) ...... 61.00 Oct. 1, 2003 17.99(i)–end ...... (869–050–00211–6) ...... 50.00 Oct. 1, 2003 18–199 ...... (869–050–00212–4) ...... 42.00 Oct. 1, 2003 200–599 ...... (869–050–00213–2) ...... 44.00 Oct. 1, 2003 600–End ...... (869–050–00214–1) ...... 61.00 Oct. 1, 2003 CFR Index and Findings Aids ...... (869–052–00049–3) ...... 62.00 Jan. 1, 2004 Complete 2004 CFR set ...... 1,342.00 2004 Microfiche CFR Edition: Subscription (mailed as issued) ...... 325.00 2004 Individual copies ...... 2.00 2004 Complete set (one-time mailing) ...... 298.00 2003 Complete set (one-time mailing) ...... 298.00 2002 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2003, through January 1, 2004. The CFR volume issued as of January 1, 2002 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2003. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2003. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2003. The CFR volume issued as of July 1, 2002 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2003. The CFR volume issued as of July 1, 2001 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2003. The CFR volume issued as of October 1, 2001 should be retained.

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