3–28–05 Monday Vol. 70 No. 58 Mar. 28, 2005

Pages 15553–15722

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i II Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005

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Contents Federal Register Vol. 70, No. 58

Monday, March 28, 2005

Agency for Healthcare Research and Quality Ports and waterways safety: NOTICES New London, CT; safety and security zones, 15585–15587 Meetings: PROPOSED RULES Citizens’ Health Care Working Group, 15625–15626 Ports and waterways safety: Tanker escort vessels; crash stop criteria, 15609–15611 Agricultural Marketing Service RULES Commerce Department Prunes (dried) produced in— See Industry and Security Bureau California, 15560–15563 See International Trade Administration Spearmint oil produced in— See National Oceanic and Atmospheric Administration Far West, 15557–15560 NOTICES PROPOSED RULES Agency information collection activities; proposals, Pistachios grown in— submissions, and approvals, 15614–15615 California, 15602–15606 Comptroller of the Currency Agricultural Research Service RULES NOTICES Community Reinvestment Act; implementation, 15570– Agency information collection activities; proposals, 15574 submissions, and approvals, 15613–15614 NOTICES Reports and guidance documents; availability, etc.: Agriculture Department Commercial credit exposures; classification; interagency See Agricultural Marketing Service proposal, 15681–15688 See Agricultural Research Service See Animal and Plant Health Inspection Service Copyright Office, Library of Congress NOTICES RULES Agency information collection activities; proposals, Copyright office and procedures: submissions, and approvals, 15613 Copyright claims registration— Grants and cooperative agreements; availability, etc.: Published photographs; group registration, 15587– Rural Development; Renewable Energy Systems and 15590 Energy Efficiency Improvements Program, 15695– 15721 Employment and Training Administration NOTICES Alcohol, Tobacco, Firearms, and Explosives Bureau Adjustment assistance: NOTICES Bayer Pharmaceuticals Corp., 15644 Agency information collection activities; proposals, Black & Decker et al., 15644–15646 submissions, and approvals, 15642 Citation Corp., 15646–15647 Fisher Scientific Co., 15647 Animal and Plant Health Inspection Service Hamilton Sundstrand et al., 15647–15648 RULES Hollister, Inc., 15648 Exportation and importation of animals and animal Johnson Controls, Inc., 15648–15649 products: Jones Apparel Group et al., 15649–15650 Classical swine fever; disease status change— Levi Strauss & Co., 15650–15651 Campeche, Quintana Roo, Sonora, and Yucatan, Mastercraft Fabrics, LLC, 15651 Mexico, 15563–15570 Nokia, 15651 Plant-related quarantine, domestic: Pfaltzgraff Co., 15651–15652 Karnal bunt, 15553–15557 Phoenix Millwork, 15652 Seneca Foods Corp., 15652 Centers for Disease Control and Prevention Shane-Hunter, Inc., 15652 NOTICES Stant Manufacturing, Inc., 15652 Agency information collection activities; proposals, Sussex Zinc Plating, Inc., 15652–15653 submissions, and approvals, 15626–15627 TI Automotive, LLC, 15653 Weyerhaeuser, 15653 Children and Families Administration Wiremold/Legrand, 15653 NOTICES Grants and cooperative agreements; availability, etc.: Privacy Act: Workforce Investment Boards, 15653–15666 Computer matching programs, 15627–15628 Energy Department Coast Guard See Federal Energy Regulatory Commission RULES See Western Area Power Administration Boating safety: NOTICES Numbering of vessels; terms imposed by States Privacy Act: Correction, 15587 Systems of records, 15618–15621

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Environmental Protection Agency Food and Drug Administration RULES RULES Air quality implementation plans; approval and Food additives: promulgation; various States: Irradiation in food production, processing, and handling; Texas, 15592–15594 correction, 15583 Hazardous waste program authorizations: NOTICES South Carolina, 15594–15596 Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 15628–15632 Hazardous waste program authorizations: Human drugs: South Carolina, 15611–15612 Drug products withdrawn from sale for reasons other NOTICES than safety or effectiveness— Air pollution control: ACIPHEX (rabeprazol sodium), 15632–15633 Citizens suits; proposed settlements— Meetings: Environmental Defense and American Lung Combination products and mutually conforming labeling; Association, 15623–15624 cross labeling, 15633–15635 Reports and guidance documents; availability, etc.: Reports and guidance documents; availability, etc.: Puerto Rico; Concentrated Animal Feeding Operations; Centralized institutional review boards process; use in NPDES Permit, 15624 multicenter clinical trials, 15635–15636 Pediatric studies; medical and clinical pharmacology Equal Employment Opportunity Commission reviews; summaries, 15636 NOTICES Meetings; Sunshine Act, 15624–15625 Foreign Assets Control Office Federal Aviation Administration RULES RULES Iranian transactions regulations: Aircraft: Securities brokers and dealers; general licenses Repair stations; training requirements, 15580–15583 applicability, 15583–15584 Airworthiness directives: Airbus, 15577–15580 Health and Human Services Department British Aerospace, 15574–15577 See Agency for Healthcare Research and Quality Class E airspace, 15580 See Centers for Disease Control and Prevention PROPOSED RULES See Children and Families Administration Class E airspace; correction, 15693 See Food and Drug Administration Restricted areas, 15606–15607 See Health Resources and Services Administration NOTICES NOTICES Passenger facility charges; applications, etc.: Meetings: Eugene Airport, Mahlon Sweet Field, OR, 15676 Human Research Protections, Secretary’s Advisory Yellowstone Regional Airport, WY, 15677 Committee, 15625

Federal Deposit Insurance Corporation Health Resources and Services Administration RULES NOTICES Community Reinvestment Act; implementation, 15570– Agency information collection activities; proposals, 15574 submissions, and approvals, 15636–15637 NOTICES Reports and guidance documents; availability, etc.: Homeland Security Department Commercial credit exposures; classification; interagency See Coast Guard proposal, 15681–15688 PROPOSED RULES Privacy Act; implementation: Federal Energy Regulatory Commission Correction, 15602 NOTICES NOTICES Applications, hearings, determinations, etc.: Privacy Act: Paiute Pipeline Co., 15621 Systems of records; correction, 15637 Panhandle Eastern Pipe Line Co., LP, 15621 Texas Eastern Transmission, LP, 15621–15622 Housing and Urban Development Department Federal Reserve System NOTICES Agency information collection activities; proposals, RULES submissions, and approvals, 15637–15639 Community Reinvestment Act; implementation, 15570– 15574 NOTICES Industry and Security Bureau Reports and guidance documents; availability, etc.: PROPOSED RULES Commercial credit exposures; classification; interagency Export administration regulations: proposal, 15681–15688 Deemed export licenses; clarification and revision, 15607–15609 Fish and Wildlife Service NOTICES Interior Department Comprehensive conservation plans; availability, etc.: See Fish and Wildlife Service Long Island National Wildlife Refuge Complex, NY, See Land Management Bureau 15639–15640 See Minerals Management Service

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Internal Revenue Service NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities; proposals, Environmental literacy projects, 15616–15618 submissions, and approvals, 15677–15681 Permits: Endangered and threatened species, 15618 International Trade Administration NOTICES Nuclear Regulatory Commission Antidumping: NOTICES Forged stainless steel flanges from— Agency information collection activities; proposals, India, 15615–15616 submissions, and approvals, 15667–15668 Stainless steel sheet and strip in coils from— Germany, 15616 Securities and Exchange Commission NOTICES Justice Department Agency information collection activities; proposals, See Alcohol, Tobacco, Firearms, and Explosives Bureau submissions, and approvals, 15668 See Justice Programs Office Meetings: NOTICES Smaller Public Companies Advisory Committee, 15669 Pollution control; consent judgments: Self-regulatory organizations; proposed rule changes: McCook, NE, 15642 Chicago Board Options Exchange, Inc., 15669–15671 Options Clearing Corp., 15671–15672 Justice Programs Office Pacific Exchange, Inc., 15672–15675 NOTICES Agency information collection activities; proposals, State Department submissions, and approvals, 15642–15644 NOTICES Meetings: Labor Department Defense Trade Advisory Group, 15675–15676 See Employment and Training Administration

Land Management Bureau Thrift Supervision Office RULES NOTICES Coal leases, exploration licenses, etc.: Community Reinvestment Act; implementation, 15570– Wyoming, 15640 15574 Protraction diagram plat filings: NOTICES Reports and guidance documents; availability, etc.: Montana, 15640–15641 Commercial credit exposures; classification; interagency Library of Congress proposal, 15681–15688 See Copyright Office, Library of Congress Transportation Department Marine Mammal Commission See Federal Aviation Administration NOTICES See National Highway Traffic Safety Administration Meetings: Acoustic Impacts on Marine Mammals Advisory Treasury Department Committee, 15667 See Comptroller of the Currency See Foreign Assets Control Office Minerals Management Service See Internal Revenue Service NOTICES See Thrift Supervision Office Outer Continental Shelf operations: NOTICES Gulf of Mexico OCS— Agency information collection activities; proposals, Oil and gas lease sales, 15642 submissions, and approvals, 15677

National Highway Traffic Safety Administration Veterans Affairs Department RULES RULES Motor vehicle safety standards: Adjudication; pensions, compensation, dependency, etc.: Child restraint systems— Medicare Prescription Drug Discount Card and Improved test dummies, updated test procedures, and Transitional Assistance Program; payment exclusions extended child restraints standards for children up from income and net worth computations, 15590– to 65 pounds; reconsideration petitions, 15596– 15592 15600 NOTICES Agency information collection activities; proposals, National Oceanic and Atmospheric Administration submissions, and approvals, 15688–15692 RULES Fishery conservation and management: Western Area Power Administration Alaska; fisheries of Exclusive Economic Zone— NOTICES Deep-water species; closure to vessels using trawl gear Power rate adjustments: in Gulf of Alaska, 15600–15601 Desert Southwest Customer Service Region, 15622–15623

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Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Separate Parts In This Issue and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Part II LISTSERV electronic mailing list, go to http:// Agriculture Department, 15695–15721 listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change 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.

6 CFR Proposed Rules: 5...... 15602 7 CFR 301...... 15553 985...... 15557 993...... 15560 Proposed Rules: 983...... 15602 9 CFR 94...... 15563 12 CFR 25...... 15570 228...... 15570 345...... 15570 563e...... 15570 14 CFR 39 (2 documents) ...... 15574, 15577 71 (2 documents) ...... 15580 145...... 15580 Proposed Rules: 71...... 15693 73...... 15606 15 CFR Proposed Rules: 734...... 15607 772...... 15607 21 CFR 179...... 15583 31 CFR 560...... 15583 33 CFR 165...... 15585 174...... 15587 Proposed Rules: 168...... 15609 37 CFR 202...... 15587 38 CFR 3...... 15590 40 CFR 52...... 15592 271...... 15594 Proposed Rules: 271...... 15611 49 CFR 571...... 15596 50 CFR 679...... 15600

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Rules and Regulations Federal Register Vol. 70, No. 58

Monday, March 28, 2005

This section of the FEDERAL REGISTER documents in the public docket that are States could have significant contains regulatory documents having general available electronically. Once you have consequences with regard to the export applicability and legal effect, most of which entered EDOCKET, click on the ‘‘View of wheat to international markets. are keyed to and codified in the Code of Open APHIS Dockets’’ link to locate this Upon detection of Karnal bunt in Federal Regulations, which is published under document. Arizona in March of 1996, Federal 50 titles pursuant to 44 U.S.C. 1510. • Postal Mail/Commercial Delivery: quarantine and emergency actions were The Code of Federal Regulations is sold by Please send four copies of your imposed to prevent the interstate spread the Superintendent of Documents. Prices of comment (an original and three copies) of the disease to other wheat producing new books are listed in the first FEDERAL to Docket No. 04–118–1, Regulatory areas in the United States. The REGISTER issue of each week. Analysis and Development, PPD, quarantine continues in effect, although APHIS, Station 3C71, 4700 River Road it has since been modified, both in Unit 118, Riverdale, MD 20737–1238. terms of its physical boundaries and in DEPARTMENT OF AGRICULTURE Please state that your comment refers to terms of its restrictions on the Docket No. 04–118–1. production and movement of regulated Animal and Plant Health Inspection • Federal eRulemaking Portal: Go to articles from regulated areas. The Service http://www.regulations.gov and follow regulations regarding Karnal bunt are set the instructions for locating this docket forth in 7 CFR 301.89–1 through 7 CFR Part 301 and submitting comments. 301.89–16 (referred to below as the [Docket No. 04–118–1] Reading Room: You may read any regulations). comments that we receive on this The regulations in § 301.89–3(e) Karnal Bunt; Regulated Areas docket in our reading room. The reading provide that we will classify a field or room is located in room 1141 of the area as a regulated area when it is: AGENCY: Animal and Plant Health USDA South Building, 14th Street and • A field planted with seed from a lot Inspection Service, USDA. Independence Avenue SW., found to contain a bunted wheat kernel; • ACTION: Interim rule and request for Washington, DC. Normal reading room A distinct definable area that comments. hours are 8 a.m. to 4:30 p.m., Monday contains at least one field that was through Friday, except holidays. To be found during survey to contain a bunted SUMMARY: We are amending the Karnal sure someone is there to help you, wheat kernel. The distinct definable bunt regulations to make changes to the please call (202) 690–2817 before area may include an area where Karnal list of areas or fields regulated because coming. bunt is not known to exist but where of Karnal bunt, a fungal disease of Other Information: You may view intensive surveys are required because wheat. We are adding certain areas in La APHIS documents published in the of the areas’s proximity to a field found Paz, Maricopa, and Pinal Counties, AZ, Federal Register and related during survey to contain a bunted and Riverside County, CA, to the list of kernel; or information on the Internet at http:// • regulated areas either because they were www.aphis.usda.gov/ppd/rad/ A distinct definable area that found during surveys to contain a webrepor.html. contains at least one field that has been bunted wheat kernel, or because they determined to be associated with grain are within the 3-mile-wide buffer zone FOR FURTHER INFORMATION CONTACT: Dr. at a handling facility containing a around fields or areas affected with Vedpal Malik, Agriculturalist, Invasive bunted kernel of a host crop. The Karnal bunt. We are also removing Species and Pest Management, PPQ, distinct definable area may include an certain areas or fields in Maricopa and APHIS, 4700 River Road Unit 134, area where Karnal bunt is not known to Pinal Counties, AZ, and Imperial Riverdale, MD 20737–1236; (301) 734– exist but where intensive surveys are County, CA, from the list of regulated 6774. required because of the area’s proximity areas based on our determination that SUPPLEMENTARY INFORMATION: to the field associated with the bunted kernel at the handling facility. those fields or areas meet our criteria for Background release from regulation. These actions The boundaries of distinct definable are necessary to prevent the spread of Karnal bunt is a fungal disease of areas are determined using the criteria Karnal bunt to noninfected areas of the wheat (Triticum aestivum), durum in paragraphs (b) through (d) of United States and to relieve restrictions wheat (Triticum durum), and triticale § 301.89–3, which provide for the on certain areas that are no longer (Triticum aestivum X Secale cereale), a regulation of less than an entire State, necessary. hybrid of wheat and rye. Karnal bunt is the inclusion of noninfected acreage in caused by the smut fungus Tilletia a regulated area, and the temporary DATES: This interim rule is effective indica (Mitra) Mundkur and is spread designation of nonregulated areas as March 28, 2005. We will consider all primarily through the movement of regulated areas. Paragraph (c) of comments that we receive on or before infected seed. Some countries in the § 301.89–3 states that the Administrator May 27, 2005. international wheat market regulate may include noninfected acreage within ADDRESSES: You may submit comments Karnal bunt as a fungal disease a regulated area due to its proximity to by any of the following methods: requiring quarantine; therefore, without an infestation or inseparability from the • EDOCKET: Go to http:// measures taken by the Animal and Plant infected locality for regulatory purposes, www.epa.gov/feddocket to submit or Health Inspection Service (APHIS), as determined by: view public comments, access the index United States Department of • Projections of the spread of Karnal listing of the contents of the official Agriculture, to prevent its spread, the bunt along the periphery of the public docket, and to access those presence of Karnal bunt in the United infestation;

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• The availability of natural habitats distinct, definable areas in La Paz, Executive Order 12866 and Regulatory and host materials within the Maricopa, and Pinal Counties. In this Flexibility Act noninfected acreage that are suitable for interim rule, we are removing 1,912 This rule has been reviewed under establishment and survival of Karnal acres (77 fields) in Pinal County and Executive Order 12866. For this action, bunt; and 11,520 acres (63 fields) in Maricopa the Office of Management and Budget • The necessity of including County from the list of regulated areas. has waived its review under Executive noninfected acreage within the We are taking this action based upon Order 12866. regulated area in order to establish our determination that the fields or We are removing certain fields in readily identifiable boundaries. areas have met one or more of the Arizona and California from the list of When we include noninfected acreage criteria in § 301.89–3(f) of the regulated areas. The areas to be in a regulated area for one or more of the regulations. deregulated are located in Maricopa and reasons previously listed, the We are also adding new regulated Pinal Counties, AZ, and Imperial and noninfected acreage, along with the rest areas in LaPaz, Maricopa, and Pinal Riverside Counties, CA. These fields are of the acreage in the regulated area, is Counties, AZ, due to the detection of being deregulated based on our intensively surveyed. Negative results bunted wheat kernels there or the determination that they have met the from surveys of the noninfected acreage application of the 3-mile-wide buffer criteria in § 301.89–3(f) for being provide assurance that all infected zone around fields affected with Karnal released from regulation. acreage is within the regulated area. In bunt. These additional areas in La Paz, Additionally, we are adding certain effect, the noninfected acreage serves as Maricopa, and Pinal Counties involve fields in La Paz, Maricopa, and Pinal a buffer zone between fields or areas approximately 278,453 acres (6,343 Counties, AZ, and Riverside County, affected with Karnal bunt and areas fields). CA, to the list of regulated areas. These outside of the regulated area. Under the regulations in § 301.89–3(f), California areas are being added because they were a field known to have been infected found during surveys to contain a The list of regulated areas in bunted wheat kernel, or because they with Karnal bunt, as well as any non- California includes areas in Imperial infected acreage surrounding the field, are within the 3-mile-wide buffer zone and Riverside Counties. In this interim around fields or areas affected with will be released from regulation if: rule, we are removing 3,241 acres (85 • The field is no longer being used for Karnal bunt. fields) in eastern Riverside County, and Deregulating certain areas in Arizona crop production; or 4,470 acres (95 fields) in Imperial • Each year for a period of 5 and California will benefit producers in County. We are taking this action based consecutive years, the field is subjected these areas who wish to produce host upon our determination that the fields to any one of the following management crops in the future. Deregulation will or areas have met one or more of the practices (the practice used may vary allow producers to move wheat grain criteria in § 301.89–3(f). With this from year to year): (1) Planted with a and seed with no restrictions. Prior to action, there are no longer any regulated cultivated non-host crop, (2) tilled once this rule, any wheat, durum wheat, or areas in Imperial County. annually, or (3) planted with a host crop triticale grown in those fields could be that tests negative, through the absence We are also adding new regulated moved into or through a non-regulated of bunted kernels, for Karnal bunt. areas in Riverside County, CA, due to area without restriction only if it first The regulations in § 301.89–3(g) the detection of bunted wheat kernels tested negative for bunted kernels. In describe the boundaries of the regulated there or the application of the 3-mile- addition, any wheat, durum wheat, or areas in Arizona, California, and Texas. wide buffer zone around fields affected triticale grown in those fields could not In this interim rule, we are amending with Karnal bunt. These additional be used as seed within or outside a § 301.89–3(g) by removing certain areas regulated areas in Riverside County regulated area unless it was tested and or fields in Maricopa and Pinal involve approximately 10,262 acres (186 found free of bunted kernels and spores. Counties, AZ, and Imperial County, CA, fields). Thus, deregulation allows for freer from the list of regulated areas, based on Immediate Action movement of grain and seed in those our determination that these fields or areas that are affected by this aspect of areas are eligible for release from Immediate action is necessary to help the interim rule. regulation under the criteria in prevent Karnal bunt from spreading to The impact of this rule on individual § 301.89–3(f). This action relieves noninfected areas of the United States. producers is not likely to be significant. restrictions on fields within those areas This rule will also relieve restrictions on The elimination of restrictions will that are no longer warranted. certain fields or areas that are no longer increase marketing opportunities for We are also adding certain areas in La warranted. Under these circumstances, producers, with impacts on prices those Paz, Maricopa, and Pinal Counties, AZ, the Administrator has determined that producers may set for their wheat, and Riverside County, CA, to the list of prior notice and opportunity for public durum wheat, or triticale. Producers regulated areas either because the fields comment are contrary to the public whose fields are deregulated may enjoy within those areas were found during interest and that there is good cause increased market opportunities for any detection and delineating surveys to under 5 U.S.C. 553 for making this wheat, durum wheat, or triticale they contain a bunted wheat kernel, or action effective less than 30 days after grow in the future (e.g. the availability because the fields within those areas fall publication in the Federal Register. of export markets). They may also within the 3-mile-wide buffer zone We will consider comments we receive a higher commodity price for around fields affected with Karnal bunt. receive during the comment period for their wheat, durum wheat, or triticale, This action is necessary in order to help this interim rule (see DATES above). although any price changes would most prevent the spread of Karnal bunt into After the comment period closes, we likely be small. This is due in part to the noninfected areas of the United States. will publish another document in the perceived notion that wheat produced Federal Register. The document will in a regulated area is of lower quality. Arizona include a discussion of any comments Deregulation may remove this stigma. The list of regulated areas in Arizona we receive and any amendments we are Despite the increased ability to move includes individual fields and other making to the rule. grain and seed, as well as a potential

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increase in the price received for wheat, Additionally, those farmers whose fields Reduction Act of 1995 (44 U.S.C. 3501 the benefits to individual producers are have been removed from the list of et seq.). not likely to be significant. There are regulated areas and plan to grow wheat List of Subjects in 7 CFR Part 301 several reasons for this. First, grain in in the future will also be affected. The regulated areas is tested for Karnal bunt number of producers likely to be Agricultural commodities, Plant at no charge to the producer. Thus, affected by this interim rule is not diseases and pests, Quarantine, removing this testing requirement does expected to be large. Also, it is not Reporting and recordkeeping not translate into a cost savings for expected that the interim rule will have requirements, Transportation. producers, but merely eliminates an a significant impact on the affected I Accordingly, we are amending 7 CFR inconvenience. Second, little to no producers. The reasons for this are part 301 as follows: wheat seed will be grown in the affected presented in the preceding paragraphs. areas of Maricopa and Pinal Counties, Producers affected by the interim rule PART 301—DOMESTIC QUARANTINE AZ, and Imperial and Riverside are likely to be small in size based on NOTICES Counties, CA. In 2003, seed demand the U.S. Small Business Administration I accounted for approximately 5.2 percent 1. The authority citation for part 301 (SBA) standards for wheat farmers, with continues to read as follows: of total domestic wheat production. supporting data from the 2002 Census of Given such a small percentage and the Agriculture (2002 Census), which is the Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, small size of the area in question 2.80, and 371.3. most recent census available. The SBA Section 301.75–15 also issued under Sec. relative to other wheat producing classifies wheat producers with total regions, it is not expected that this 204, Title II, Pub. L. 106–113, 113 Stat. annual sales of not more than $750,000 1501A–293; sections 301.75–15 and 301.75– region will grow a significant amount of as small entities. According to 2002 16 also issued under Sec. 203, Title II, Pub. wheat for seed. Thus, the benefits Census data, there were a total of 7,294 L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 associated with removing restrictions on farms in Arizona in 2002. Of this note). the movement of seed are expected to be number, 91 percent had annual sales in I 2. In § 301.89–3, paragraph (g) is minimal in this area. Finally, as 2002 of less than $500,000, which is amended as follows: mentioned previously, the areas affected well below the SBA’s small entity I a. Under the heading ‘‘Arizona,’’ by by the rule are very small players in the threshold of $750,000 for wheat farms. revising the entry for La Paz County to overall wheat market. In 2003, Maricopa The percentage of farms with annual read as set forth below. and Pinal Counties accounted for only sales of less than $500,000 in California I b. Under the heading ‘‘Arizona,’’ in the 0.07 and 0.14 percent of total U.S. wheat out of a total of 79,631 farms was 90 entry for Maricopa County, by revising production, respectively, while Imperial percent. Therefore, these findings, in paragraphs (1), (2), and (4) to read as set and Riverside Counties accounted for conjunction with those above, forth below. 0.22 percent and 0.05 percent, demonstrate that although most of the I c. Under the heading ‘‘Arizona,’’ by respectively, of total production. entities impacted by the rule are revising the entry for Pinal County to Therefore, deregulation of these areas expected to be small, the impact on read as set forth below. would not influence the price of wheat those entities is not expected to be I d. Under the heading ‘‘California,’’ by to a significant degree if at all. significant. removing the entry for Imperial County Regulation of certain areas in La Paz, Under these circumstances, the and revising the entry for Riverside Maricopa, and Pinal Counties, AZ, and County to read as set forth below. Riverside County, CA, is also unlikely to Administrator of the Animal and Plant have a profound effect on individual Health Inspection Service has § 301.89–3 Regulated areas. producers. In this case, producers will determined that this action will not have a significant economic impact on * * * * * still be allowed to transport and market (g) * * * their grain in non-regulated areas if it a substantial number of small entities. tests negative for bunted kernels. As Executive Order 12372 ARIZONA stated above, this cost is borne by the La Paz County. Beginning at the northeast government and not by individual This program/activity is listed in the corner of sec. 19, T. 8 N., R. 20 W.; then producers, so producers are only Catalog of Federal Domestic Assistance south to the southeast corner of sec. 31, T. affected by the inconvenience of testing. under No. 10.025 and is subject to 7 N., R. 20 W.; then west to the northeast Further, little or no wheat seed is Executive Order 12372, which requires corner of sec. 2, T. 6 N., R. 21 W.; then south expected to be produced in these areas, intergovernmental consultation with to the southeast corner of sec. 2, T. 6 N., R. so the restrictions on seed movement State and local officials. (See 7 CFR part 21 W.; then west to the southwest corner of should be negligible. Finally, although 3015, subpart V.) sec. 2, T. 6 N., R. 21 W.; then south to the southeast corner of sec. 15, T. 6 N., R. 21 W., producers may see a more limited Executive Order 12988 then west to the southwest corner of sec. 13, market for their product and face lower T. 6 N., R. 22 W.; then north to the northwest prices, the influence of this wheat This rule has been reviewed under corner of sec. 24, T. 7 N., R. 22 W.; then east producing area is small. In 2003, the Executive Order 12988, Civil Justice to the northeast corner of sec. 24, T. 7 N., R. counties mentioned above together Reform. This rule: (1) Preempts all State 22 W.; then north to the point of intersection accounted for only 0.3 percent of total and local laws and regulations that are with the Colorado River; then northeast along U.S. wheat production. Thus, any price inconsistent with this rule; (2) has no the Colorado River to its intersection with the changes would be very small. retroactive effect; and (3) does not northern boundary of sec. 16, T. 8 N., R. 21 The Regulatory Flexibility Act require administrative proceedings W.; then east to the northeast corner of sec. requires that agencies consider the before parties may file suit in court 14, T. 8 N., R. 21 W.; then south to the economic impact of rule changes on challenging this rule. southeast corner of sec. 14, T. 8 N., R. 21 W.; then east to the point of beginning. small businesses, organizations, and Paperwork Reduction Act Maricopa County. (1) Beginning at the governmental jurisdictions. Those most southeast corner of sec. 20, T. 1S., R. 2 E.; likely affected by this interim rule are This interim rule contains no then west to the southwest corner of sec. 24, producers whose fields have been added information collection or recordkeeping T. 1 S., R. 1 E.; then north to the northwest to the list of regulated areas. requirements under the Paperwork corner of sec. 24, T. 1 S., R. 1 E.; then west

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to the southwest corner of sec. 14, T. 1 S., 35, T. 1 S., R. 4 E.; then north to the T. 6 S., R. 3 E.; then north to the southeast R. 1 E.; then north to the northwest corner northwest corner of sec. 35, T. 1 S., R. 4 E.; corner of sec. 13, T. 6 S., R. 2 E.; then west of sec. 14, T. 1 S., R.1 E.; then west to the then east to the northeast corner of sec. 33, to the southwest corner of sec. 13, T. 6 S., southwest corner of sec. 9, T. 1 S., R. 1 E.; T. 1 S., R. 5 E.; then north to the northwest R. 2 E.; then north to the southwest corner then north to the northwest corner of sec. 9, corner of sec. 22, T. 1 S., R. 5 E.; then east of sec. 25, T. 5 S., R. 2 E.; then west to the T. 1 S., R. 1 E.; then west to the southwest to the northeast corner of sec. 19, T. 1 S., R. southwest corner of sec. 26, T. 5 S., R. 2 E.; corner of sec. 5, T. 1 S., R. 1 E.; then north 6 E.; then north to the northwest corner of then north to the northwest corner of sec. 35, to the northwest corner of sec. 5, T. 1 S., R. sec. 8, T. 1 S., R. 6 E.; then east to the T. 4 S., R. 2 E.; then east to the northeast 1 E.; then west to the northeast corner of sec. southwest corner of sec. 3, T. 1 S., R. 6 E.; corner of sec. 35, T. 4 S., R. 2 E.; then north 6, T. 1 S., R. 1 W.; then south to the southeast then north to the northwest corner of sec. 3, to the northwest corner of sec. 25, T. 4 S., corner of sec. 7, T. 1 S., R. 1 W.; then west T. 1 S., R. 6 E; then east to the northeast R. 2 E.; then east to the southwest corner of to the northeast corner of sec. 14, T. 1 S., R. corner of sec. 2, T. 1 S., R. 6 E.; then south sec. 20, T. 4 S., R. 3 E.; then north to the 2 W.; then south to the southeast corner of to the southeast corner of sec. 2, T. 1 S., R. northwest corner of sec. 20, T. 4 S., R. 3 E.; sec. 14, T. 1 S., R. 2 W.; then west to the 6 E.; then east to the northeast corner of sec. then east to the northeast corner of sec. 24, northeast corner of sec. 20, T. 1 S., R. 2 W.; 7, T. 1S., R. 7E.; then south to the northwest T. 4 S., R. 3 E.; then south to the northeast then south to the southeast corner of sec. 20, corner of sec. 5, T. 2 S., R. 7 E.; then east to corner of sec. 25, T. 4S., R. 3E.; then east to T. 1 S., R. 2 W.; then west to the northeast the northeast corner of sec. 3, T. 2 S., R. 7 the northeast corner of sec. 28, T. 4 S., R. 4 corner of sec. 29, T. 1 S., R. 3 W.; then south E.; then north to the northwest corner of sec. E.; then south to the northwest corner of sec. to the southeast corner of sec. 29, T. 1 S., R. 35, T. 1 S., R. 7 E.; then east to the northeast 34, T. 4 S., R. 4 E.; then east to the northeast 3 W.; then west to the southwest corner of corner of sec. 36, T. 1 S, R. 7 E. and the corner of sec. 35, T. 4 S., R. 4 E.; then south sec. 26, T. 1 S., R. 5 W.; then north to the Maricopa/Pinal County line; then south along to the northwest corner of sec. 1, T. 5 S., R. northwest corner of sec. 14, T. 1 N., R. 5 W.; the Maricopa/Pinal County line to the point 4 E.; then east to the northeast corner of sec. then east to the southwest corner of sec. 7, of beginning. 1, T. 5 S., R. 4 E.; then south to the southeast T. 1 N., R. 2 W.; then north to the northwest * * * * * corner of sec. 1, T. 5 S., R. 4 E.; then west corner of sec. 7, T. 1 N., R, 2 W.; then east (4) Beginning at the southeast corner of sec. to the northeast corner of sec. 12, T. 5 S., R. to the northeast corner of sec. 7, T. 1 N., R. 36, T. 2 N., R. 5 E.; then west to the 4 E.; then south to the southeast corner of 2 W.; then north to the northwest corner of southwest corner of sec. 31, T. 2 N., R. 5 E.; sec. 24, T. 5 S., R. 4 E.; then west to the sec. 5, T. 1 N., R, 2 W.; then east to the then north to the northwest corner of sec. 7, southwest corner of sec. 24, T. 5 S., R. 4 E.; northeast corner of sec. 5, T. 1 N., R. 2 W.; T. 2 N., R. 5 E.; then east to the northeast then south to the northeast corner of sec. 35, then north to the northwest corner of sec. 28, corner of sec. 12, T. 2 N., R. 5 E.; then south T. 5 S., R. 4 E.; then west to the northwest T. 2 N., R 2 W.; then east to the northeast to the point of beginning. corner of sec. 35, T. 5 S., R. 4 E.; then south corner of sec. 28, T. 2 N., R. 2 W.; then north Pinal County: (1) Beginning at the to the southeast corner of sec. 37, T. 5 S., R. to the northwest corner of sec. 3, T. 3 N., R. intersection of the Maricopa/Pinal County 4 E.; then west to the northwest corner of sec. 2 W.; then east to the northeast corner of sec. line and the northwest corner of sec. 31, T. 50, T. 5 S., R. 4 E.; then south to the 1, T. 3 N., R. 1 W.; then south to the 1 S., R. 8 E.; then east to the northeast corner southeast corner of sec. 49, T. 6 S., R. 4 E.: northwest corner of sec. 19, T. 3 N., R. 1 E.; of sec. 32, T. 1 S., R. 8 E.; then south to the then west to the northeast corner of sec. 5, then east to the northeast corner of sec. 20, northwest corner of sec. 4, T. 2 S., R. 8 E.; T. 6 S., R. 4 E.; then south to the point of T. 3 N., R. 1 E.; then south to the northeast then east to the northeast corner of sec. 4, T. beginning. corner of sec. 29, T. 3 N., R. 1 E.; then east 2 S., R. 8 E., then south to the southeast (3) The following individual fields in Pinal to the northeast corner of sec. 27, 3 N., R. 1 corner of sec. 16, T. 2 S., R. 8 E.; then east County are regulated areas: 309021804, E.; then south to the southeast corner of sec. to the northeast corner of sec. 22, T. 2 S., R. 309042601, 309050104, 309050109, 27, T. 3 N., R. 1 E.; then east to the northeast 8 E.; then south to the southeast corner of 309050122, 309050209. corner of sec. 35, T. 3 N., R. 1 E.; then south sec. 27, T. 2 S., R. 8 E.; then west to the CALIFORNIA to the southeast corner of sec. 35, T. 3N., R. southeast corner of sec. 28, T. 2 S., R. 8 E.; 1E.; then east to the northeast corner of sec. then south to the southeast corner of sec. 4, Riverside County. That portion of Riverside 1, T. 2 N., R. 1 E.; then south to the northeast T. 3 S., R. 8 E.; then west to the northeast County known as the Palo Verde Valley (in corner of sec. 1, T. 1 N., R. 1 E.; then east corner of sec. 8, T. 3 S., R. 8 E.; then south part) bounded by a line drawn as follows: to the northeast corner of sec. 4, T. 1 N., R. to the southeast corner of sec. 8, T. 3 S., R. Beginning at the intersection of Neighbours 2 E.; then south to the northwest corner of 8 E.; then west to the southwest corner of sec. Boulevard and West Hobson Way; then east sec. 15, T. 1 N., R. 2 E.; then east to the 12, T. 3 S., R. 7 E.; then north to the southeast on West Hobson Way to Arrowhead northeast corner of sec. 15, T. 1 N., R. 2 E.; corner of sec. 2, T. 3 S., R. 7 E.; then west Boulevard; then north on Arrowhead then south to the southeast corner of sec. 27, to the northeast corner of sec. 9, T. 3 S., R. Boulevard to West 11th Avenue; then east on T. 1 N., R. 2 E.; then west to the southwest 6 E.; then south to the southeast corner of West 11th Avenue to Defrain Boulevard; then corner of sec. 27, T. 1 N., R. 2 E.; then south sec. 4, T. 4 S., R. 6 E.; then west to the north on Defrain Boulevard to 10th Avenue; to the southwest corner of sec. 34, T. 1 N., southwest corner of sec. 5, T. 4 S., R. 6 E.; then east on 10th Avenue to the southern R. 2 E.; then east to the northeast corner of then north to the northwest corner of sec. 5, boundary line of secs. 23 and 24, T. 6 S., R. sec. 3, T. 1 S., R. 2 E.; then south to the T. 4 S., R. 6 E.; then west to the southwest 23 E.; then east along that boundary line to southeast corner of sec. 3, T. 1 S., R. 2 E.; corner of sec. 34, T. 3 S., R. 5 E.; then north the California/Arizona State line; then south then west to the southwest corner of sec. 3, to the northwest corner of sec. 10, T. 3 S., along the State line to the southern boundary T. 1 S., R. 2 E.; then south to the southeast R. 5 E.; then west to the southwest corner of line of secs. 25, 26, and 27, T. 8 S., R. 22 E.; corner of sec. 16, T. 1 S., R. 2 E.; then west sec. 6, T. 3 S., R. 5 E.; then north to the then west along that boundary line to 36th to the southwest corner of sec. 16, T. 1 S., northwest corner of sec. 6, T. 3 S., R. 5 E. and Avenue; then west on 36th Avenue to R. 2 E.; then south to the point of beginning. the intersection of the Maricopa/Pinal Stephenson Boulevard; then north on (2) Beginning at the intersection of the County line; then east along the Maricopa/ Stephenson Boulevard to 34th Avenue; then Maricopa/Pinal County line and the Pinal County line to the southeast corner of west on 34th Avenue to Keim Boulevard; southeast corner of sec. 36, T. 2 S., R. 7 E.; sec. 36, T. 2 S., R. 7 E.; then north along the then north along an imaginary line to the then west along the Maricopa/Pinal County Maricopa/Pinal County line to the point of intersection of 28th Avenue and Keim line to the southwest corner of sec. 31, T. 2 beginning. Boulevard; then north on Keim Boulevard to S., R. 5 E.; then north to the southeast corner (2) Beginning at the southeast corner of sec. its northernmost point; then from that point of sec. 25, T. 2 S., R. 4 E.; then west to the 5, T. 6 S., R. 4 E.; then west to the southwest northeast along an imaginary line to the southwest corner of sec. 25, T. 2 S., R. 4 E.; corner of sec. 1, T. 6 S., R. 3 E.; then south intersection of Stephenson Boulevard and then north to the southwest corner of sec. 13, to the southeast corner of sec. 14, T. 6 S., R. West 14th Avenue; then east along West 14th T. 2 S., R. 4 E.; then west to the southwest 3 E.; then west to the southwest corner of sec. Avenue to Neighbours Boulevard; then north corner of sec. 15, T. 2 S., R. 4 E.; then north 14, T. 6 S., R. 3 E.; then south to the on Neighbours Boulevard to the point of to the northwest corner of sec. 3, T. 2 S., R. southeast corner of sec. 22, T. 6 S., R. 3 E.; beginning. 4 E., then east to the southwest corner of sec. then west to the southwest corner of sec. 19, * * * * *

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Done in Washington, DC, this 22nd day of inspection in the Office of the Docket United States in any district in which March 2005. Clerk during regular business hours, or the handler is an inhabitant, or has his Elizabeth E. Gaston, can be viewed at: http:// or her principal place of business, has Acting Administrator, Animal and Plant www.ams.usda.gov/fv/moab.html. jurisdiction to review USDA’s ruling on Health Inspection Service. FOR FURTHER INFORMATION CONTACT: the petition, provided an action is filed [FR Doc. 05–6029 Filed 3–25–05; 8:45 am] Susan M. Hiller, Northwest Marketing not later than 20 days after the date of BILLING CODE 3410–34–P Field Office, Marketing Order the entry of the ruling. Administration Branch, Fruit and The initial salable quantity and Vegetable Programs, AMS, USDA, 1220 allotment percentages for Scotch and DEPARTMENT OF AGRICULTURE SW Third Avenue, Suite 385, Portland, Native spearmint oils for the 2004–2005 marketing year were recommended by Agricultural Marketing Service Oregon 97204; Telephone: (503) 326– 2724, Fax: (503) 326–7440; or George the Committee at its October 8, 2003, meeting. The Committee recommended 7 CFR Part 985 Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and salable quantities of 766,880 pounds [Docket No. FV04–985–2 IFR–A2] Vegetable Programs, AMS, USDA, 1400 and 773,474 pounds, and allotment Independence Avenue, SW., STOP percentages of 40 percent and 36 Marketing Order Regulating the 0237, Washington, DC 20250–0237; percent, respectively, for Scotch and Handling of Spearmint Oil Produced in Telephone: (202) 720–2491, Fax: (202) Native spearmint oils. A proposed rule the Far West; Revision of the Salable 720–8938. was published in the Federal Register Quantity and Allotment Percentage for Small businesses may request on January 23, 2004 (69 FR 3272). Class 3 (Native) Spearmint Oil for the information on complying with this Comments on the proposed rule were 2004–2005 Marketing Year regulation by contacting Jay Guerber, solicited from interested persons until AGENCY: Agricultural Marketing Service, Marketing Order Administration February 23, 2004. No comments were USDA. Branch, Fruit and Vegetable Programs, received. Subsequently, a final rule ACTION: Interim final rule with request AMS, USDA, 1400 Independence establishing the salable quantities and for comments. Avenue, SW., STOP 0237, Washington, allotment percentages for Scotch and DC 20250–0237; Telephone: (202) 720– Native spearmint oils for the 2004–2005 SUMMARY: This rule further amends 2491, Fax: (202) 720–8938, or E-mail: marketing year was published in the prior interim final rules that increased [email protected]. Federal Register on March 22, 2004 (69 the quantity of Class 3 (Native) SUPPLEMENTARY INFORMATION: This rule FR 13213). spearmint oil produced in the Far West is issued under Marketing Order No. Pursuant to authority contained in that handlers may purchase from, or 985, as amended (7 CFR part 985), §§ 985.50, 985.51, and 985.52 of the handle for, producers during the 2004– regulating the handling of spearmint oil order, the Committee has made 2005 marketing year. This rule increases produced in the Far West (Washington, unanimous Committee the Native spearmint oil salable quantity Idaho, Oregon, and designated parts of recommendations to increase the by an additional 85,936 pounds from Nevada and Utah), hereinafter referred quantity of Native spearmint oil that 1,267,562 pounds to 1,353,498 pounds, to as the ‘‘order.’’ The order is effective handlers may purchase from, or handle and the allotment percentage by an under the Agricultural Marketing for, producers during the 2004–2005 additional 4 percent from 59 percent to Agreement Act of 1937, as amended (7 marketing year, which ends on May 31, 63 percent. The Spearmint Oil U.S.C. 601–674), hereinafter referred to 2005. An interim final rule was Administrative Committee (Committee), as the ‘‘Act.’’ published in the Federal Register on the agency responsible for local The Department of Agriculture October 21, 2004 (69 FR 61755), which administration of the marketing order (USDA) is issuing this rule in increased the salable quantity from for spearmint oil produced in the Far conformance with Executive Order 773,474 pounds to 1,095,689 pounds, West, unanimously recommended this 12866. and the allotment percentage from 36 rule to avoid extreme fluctuations in This rule has been reviewed under percent to 51 percent. Comments on the supplies and prices and to help Executive Order 12988, Civil Justice interim final rule were solicited from maintain stability in the Far West Reform. This rule is not intended to interested persons until December 20, spearmint oil market. have retroactive effect. This rule will 2004. No comments were received. In DATES: Effective June 1, 2004, through not preempt any State or local laws, addition, an amended interim final rule May 31, 2005; comments received by regulations, or policies, unless they was published in the Federal Register April 25, 2005, will be considered prior present an irreconcilable conflict with on February 23, 2005 (70 FR 8712), to issuance of a final rule. this rule. which further increased the salable ADDRESSES: Interested persons are The Act provides that administrative quantity by 171,873 pounds to invited to submit written comments proceedings must be exhausted before 1,267,562 pounds, and the allotment concerning this rule. Comments must be parties may file suit in court. Under percentage by 8 percent to 59 percent. sent to the Docket Clerk, Marketing section 608c(15)(A) of the Act, any Comments on the amended interim final Order Administration Branch, Fruit and handler subject to an order may file rule are being solicited from interested Vegetable Programs, AMS, USDA, 1400 with USDA a petition stating that the persons through April 25, 2005. Independence Avenue, SW., STOP order, any provision of the order, or any This rule further amends the interim 0237, Washington, DC 20250–0237; Fax: obligation imposed in connection with final rule published on February 23, (202) 720–8938; E-mail: the order is not in accordance with law 2005, and is based on a unanimous [email protected]; or Internet: and request a modification of the order Committee recommendation made at a http://www.regulations.gov. All or to be exempted therefrom. A handler meeting on February 23, 2005, to comments should reference the docket is afforded the opportunity for a hearing increase the salable quantity an number and the date and page number on the petition. After the hearing USDA additional 85,936 pounds from of this issue of the Federal Register and would rule on the petition. The Act 1,267,562 pounds to 1,353,498 pounds, will be made available for public provides that the district court of the and the allotment percentage an

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additional 4 percent from 59 percent to failed to produce all of their 2003–2004 (1) Increase in Allotment Percentage— 63 percent. allotment. 4 percent. This was recommended by The salable quantity is the total (C) Initial 2004–2005 Allotment the Committee on February 23, 2005. quantity of each class of oil that Percentage—36 percent. This was (2) 2004–2005 Allotment Percentage— handlers may purchase from, or handle recommended by the Committee on 63 percent. This figure was derived by for, producers during a marketing year. October 8, 2003. adding the 4 percent to the second The total salable quantity is divided by (D) Initial 2004–2005 Salable revised 2004–2005 allotment percentage the total industry allotment base to Quantity—773,474. This figure is 36 of 59 percent. determine an allotment percentage. percent of 2,148,539 pounds. (3) Calculated 2004–2005 Salable Each producer is allotted a share of the (E) Revised 2004–2005 Salable Quantity—1,353,498 pounds. This salable quantity by applying the Quantity—773,428 pounds. This figure figure is 63 percent of the revised 2004– allotment percentage to the producer’s reflects the salable quantity initially 2005 allotment base of 2,148,410 individual allotment base for the available after the beginning of the pounds. applicable class of spearmint oil. 2004–2005 marketing year due to the (4) Computed Increase in the 2004– Taking into consideration the 129 pound reduction in the industry 2005 Salable Quantity—85,936 pounds. following discussion on adjustments to allotment base to 2,148,410 pounds. This figure is 4 percent of the revised 2004–2005 allotment base of 2,148,410 the Native spearmint oil salable (F) First Revision to the 2004–2005 pounds. quantity, the 2004–2005 marketing year Salable Quantity and Allotment salable quantity of 1,267,562 pounds is In making this recommendation, the Percentage Committee considered all available increased to 1,353,498 pounds. (1) Increase in Allotment Percentage— The original total industry allotment information on price, supply, and 15 percent. The Committee base for Native spearmint oil for the demand. The Committee also recommended a 12 percent increase at 2004–2005 marketing year was considered reports and other its September 13, 2004, meeting and an established at 2,148,539 pounds and information from handlers and additional 3 percent increase at its was revised at the beginning of the producers in attendance at the meeting October 6, 2004, meeting, for a total 2004–2005 marketing year to 2,148,410 and the report given by the Committee increase of 15 percent, which was pounds to reflect a 2003–2004 manager from handlers and producers effective on October 21, 2004. marketing year loss of 129 pounds of who were not in attendance. The 2004– (2) 2004–2005 Allotment Percentage— base due to non-production of some 2005 marketing year began on June 1, 51 percent. This figure was derived by producers’ total annual allotments. 2004. Handlers have reported purchases adding the first revised increase of 15 When the revised total allotment base of of 1,070,801 pounds of Native spearmint percent to the initial 2004–2005 2,148,410 pounds is applied to the oil for the period of June 1, 2004, allotment percentage of 36 percent. originally established allotment through February 15, 2005. This amount (3) Calculated 2004–2005 Salable percentage of 36 percent, the 2004–2005 exceeds the five-year average of 899,979 Quantity—1,095,689 pounds. This marketing year salable quantity of pounds for this period by 170,822 figure is 51 percent of the revised 2004– 773,474 pounds was effectively pounds. On average, handlers indicated 2005 allotment base of 2,148,410 modified to 773,428 pounds. that the estimated total demand for the By increasing the salable quantity and pounds. 2004–2005 marketing year could range allotment percentage, this further (4) Computed Increase in the 2004– from a minimum of 1,269,000 pounds to amended interim final rule makes an 2005 Salable Quantity—322,262 as much as 1,279,000 pounds. This additional amount of Native spearmint pounds. This figure is 15 percent of the amount exceeds the five-year average for oil available by releasing oil from the revised 2004–2005 allotment base of an entire marketing year of 973,456 reserve pool. When applied to each 2,148,410 pounds. pounds by as little as 295,544 pounds individual producer, the 4 percent (G) Second Revision to the 2004–2005 and as much as 305,544 pounds. allotment percentage increase allows Salable Quantity and Allotment Therefore, based on past history, the each producer to take up to an amount Percentage industry may not be able to meet market equal to 4 percent of their allotment (1) Increase in Allotment Percentage— demand without this increase. When the base from their Native spearmint oil 8 percent. The Committee Committee made its initial reserve. This action makes an additional recommended an 8 percent increase at recommendation for the establishment 51,971 pounds of Native spearmint oil its meeting on January 20, 2005, which of the Native spearmint oil salable available to the market. This figure is was effective on February 23, 2005. quantity and allotment percentage for less than the salable quantity increase (2) 2004–2005 Allotment Percentage— the 2004–2005 marketing year, it had because not all producers have enough 59 percent. This figure was derived by anticipated that the year would end native spearmint oil left in their reserves adding the 8 percent to the first revised with an ample available supply. to take full advantage of this release. 2004–2005 allotment percentage of 51 Based on its analysis of available The following table summarizes the percent. information, USDA has determined that Committee recommendation: (3) Calculated 2004–2005 Salable the salable quantity and allotment Quantity—1,267,562 pounds. This percentage for Native spearmint oil for Native Spearmint Oil Recommendation figure is 59 percent of the revised 2004– the 2004–2005 marketing year should be (A) Estimated 2004–2005 Allotment 2005 allotment base of 2,148,410 increased to 1,353,498 pounds and 63 Base—2,148,539 pounds. This is the pounds. percent, respectively. estimate that the original 2004–2005 (4) Computed Increase in the 2004– This amended rule further relaxes the Native spearmint oil salable quantity 2005 Salable Quantity—171,873 regulation of Native spearmint oil and and allotment percentage was based on. pounds. This figure is 8 percent of the will allow for market needs and (B) Revised 2004–2005 Allotment revised 2004–2005 allotment base of improve producer returns. In Base—2,148,410 pounds. This is 129 2,148,410 pounds. conjunction with the issuance of this pounds less than the estimated (H) Third Revision to the 2004–2005 rule, the Committee’s revised marketing allotment base of 2,148,539 pounds. Salable Quantity and Allotment policy statement for the 2004–2005 This is less because some producers Percentage marketing year has been reviewed by

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USDA. The Committee’s marketing producers are defined as those having Federal Register on October 21, 2004 policy statement, a requirement annual receipts of less than $750,000. (69 FR 61755) and amended on whenever the Committee recommends Based on SBA’s definition of small February 23, 2005 (70 FR 8712). implementing volume regulations or entities, the Committee estimates that 2 Specifically, the rule published on recommends revisions to existing of the 8 handlers regulated by the order October 21, 2004, increased the salable volume regulations, meets the intent of could be considered small entities. Most quantity from 773,474 pounds to § 985.50 of the order. During its of the handlers are large corporations 1,095,689 pounds, and the allotment discussion of revising the 2004–2005 involved in the international trading of percentage from 36 percent to 51 salable quantities and allotment essential oils and the products of percent for Native spearmint oil for the percentages, the Committee considered: essential oils. In addition, the 2004–2005 marketing year. The rule that (1) The estimated quantity of salable oil Committee estimates that 15 of the 98 subsequently amended the interim final of each class held by producers and Native spearmint oil producers could be rule was published on February 23, handlers; (2) the estimated demand for classified as small entities under the 2005, and increased the salable quantity each class of oil; (3) prospective SBA definition. Thus, a majority of an additional 171,873 pounds to production of each class of oil; (4) total handlers and producers of Far West 1,267,562 pounds, and the allotment of allotment bases of each class of oil for spearmint oil may not be classified as percentage an additional 8 percent to 59 the current marketing year and the small entities. percent. This rule further amends that estimated total of allotment bases of The Far West spearmint oil industry interim final rule to increase the salable each class for the ensuing marketing is characterized by producers whose quantity an additional 85,936 pounds to year; (5) the quantity of reserve oil, by farming operations generally involve 1,353,498 pounds, and the allotment class, in storage; (6) producer prices of more than one commodity, and whose percentage an additional 4 percent to 63 oil, including prices for each class of oil; income from farming operations is not percent. This rule relaxes the regulation and (7) general market conditions for exclusively dependent on the of Native spearmint oil and will allow each class of oil, including whether the production of spearmint oil. A typical producers to meet market needs and estimated season average price to spearmint oil-producing operation has improve returns. producers is likely to exceed parity. enough acreage for rotation such that An econometric model was used to Conformity with USDA’s ‘‘Guidelines the total acreage required to produce the assess the impact that volume control for Fruit, Vegetable, and Specialty Crop crop is about one-third spearmint and has on the prices producers receive for Marketing Orders’’ has also been two-thirds rotational crops. Thus, the their commodity. Without volume reviewed and confirmed. typical spearmint oil producer has to control, spearmint oil markets would The increase in the Native spearmint have considerably more acreage than is likely be over-supplied, resulting in low oil salable quantity and allotment planted to spearmint during any given producer prices and a large volume of percentage allows for anticipated market season. Crop rotation is an essential oil stored and carried over to the next needs for this class of oil. In cultural practice in the production of crop year. The model estimates how determining anticipated market needs, spearmint oil for weed, insect, and much lower producer prices would consideration by the Committee was disease control. To remain economically likely be in the absence of volume given to historical sales, and changes viable with the added costs associated controls. and trends in production and demand. with spearmint oil production, most The recommended salable spearmint oil-producing farms fall into percentages, upon which 2004–2005 Initial Regulatory Flexibility Analysis the SBA category of large businesses. producer allotments are based, are 40 Pursuant to requirements set forth in Small spearmint oil producers percent for Scotch and 63 percent for the Regulatory Flexibility Act (RFA), the generally are not as extensively Native (a 27 percentage point increase Agricultural Marketing Service (AMS) diversified as larger ones and as such from the original salable percentage of has considered the economic impact of are more at risk to market fluctuations. 36 percent). Without volume controls, this action on small entities. Such small producers generally need to producers would not be limited to these Accordingly, AMS has prepared this market their entire annual crop and do allotment levels, and could produce and initial regulatory flexibility analysis. not have the luxury of having other sell additional spearmint. The The purpose of the RFA is to fit crops to cushion seasons with poor econometric model estimated a $1.30 regulatory actions to the scale of spearmint oil returns. Conversely, large per pound decline in the season average business subject to such actions in order diversified producers have the potential producer price (for both classes of that small businesses will not be unduly to endure one or more seasons of poor spearmint oil) resulting from the higher or disproportionately burdened. spearmint oil markets because income quantities that would be produced and Marketing orders issued pursuant to the from alternate crops could support the marketed if volume controls were not Act, and the rules issued thereunder, are operation for a period of time. Being used (i.e., if the salable percentages were unique in that they are brought about reasonably assured of a stable price and set at 100 percent). A previous price through group action of essentially market provides small producing decline estimate of $1.71 per pound was small entities acting on their own entities with the ability to maintain based on the 2004–2005 salable behalf. Thus, both statutes have small proper cash flow and to meet annual percentages (40 percent for Scotch and entity orientation and compatibility. expenses. Thus, the market and price 36 percent for Native) published in the There are currently 8 handlers of stability provided by the order Federal Register on March 22, 2004 (69 spearmint oil who are subject to potentially benefit the small producer FR 13213). regulation under the marketing order more than such provisions benefit large The 2003 Far West producer price for and 98 producers of Class 3 (Native) producers. Even though a majority of both classes of spearmint oil was $9.50 spearmint oil in the regulated area. handlers and producers of spearmint oil per pound, which is below the average Small agricultural service firms are may not be classified as small entities, of $11.33 for the period of 1980 through defined by the Small Business the volume control feature of this order 2002, based on National Agricultural Administration (SBA) (13 CFR 121.201) has small entity orientation. Statistics Service data. The surplus as those having annual receipts of less This rule further amends an interim situation for the spearmint oil market than $5,000,000, and small agricultural final rule that was published in the that would exist without volume

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controls in 2004–2005 also would likely Guerber at the previously mentioned [Note: This section will not appear in the dampen prospects for improved address in the FOR FURTHER INFORMATION annual Code of Federal Regulations.] producer prices in future years because CONTACT section. § 985.223 Salable quantities and allotment of the buildup in stocks. This rule invites comments on a percentages—2004–2005 marketing year. The use of volume controls allows the revision to the salable quantity and industry to fully supply spearmint oil * * * * * allotment percentage for Native (b) Class 3 (Native) oil—a salable markets while avoiding the negative spearmint oil for the 2004–2005 quantity of 1,353,498 pounds and an consequences of over-supplying these marketing year. Comments must be allotment percentage of 63 percent. markets. The use of volume controls is received by April 25, 2005. This closing believed to have little or no effect on date is deemed appropriate to receive Dated: March 23, 2005. consumer prices of products containing comments in a timely manner and this Kenneth C. Clayton, spearmint oil and will not result in date corresponds to the ending date of Acting Administrator, Agricultural Marketing fewer retail sales of such products. the comment period for the amended Service. Based on projections available at the interim final rule. Any comments [FR Doc. 05–6081 Filed 3–23–05; 3:55 pm] meetings, the Committee considered received will be considered prior to BILLING CODE 3410–02–P alternatives to the 4 percent increase. finalization of this rule. The Committee not only considered After consideration of all relevant leaving the Native spearmint oil salable material presented, including the DEPARTMENT OF AGRICULTURE quantity and allotment percentage Committee’s recommendation, and Agricultural Marketing Service unchanged, but also looked at various other information, it is found that this increases ranging from 3 percent to 5 further amended interim final rule, as 7 CFR Part 993 percent. The Committee reached its hereinafter set forth, will tend to recommendation to again increase the effectuate the declared policy of the Act. [Docket No. FV05–993–1 FR] salable quantity and allotment Pursuant to 5 U.S.C. 553, it is also percentage for Native spearmint oil after found and determined upon good cause Dried Prunes Produced in California; careful consideration of all available that it is impracticable, unnecessary, Increased Assessment Rate information, and believes that the level and contrary to the public interest to recommended will achieve the AGENCY: Agricultural Marketing Service, give preliminary notice prior to putting USDA. objectives sought. Without the increase, this rule into effect and that good cause ACTION: Final rule. the Committee believes the industry exists for not postponing the effective would not be able to meet market needs. date of this rule until 30 days after SUMMARY: This rule increases the This rule will not impose any publication in the Federal Register assessment rate established for the additional reporting or recordkeeping because: (1) This rule increases the Prune Marketing Committee requirements on either small or large quantity of Native spearmint oil that (committee) under Marketing Order No. spearmint oil handlers. As with all may be marketed during the marketing 993 for the 2004–05 and subsequent Federal marketing order programs, year which ends on May 31, 2005; (2) crop years from $4.00 to $6.00 per ton reports and forms are periodically the current quantity of Native spearmint of salable dried prunes. The committee reviewed to reduce information oil may be inadequate to meet demand locally administers the marketing order requirements and duplication by for the remainder of the marketing year, which regulates the handling of dried industry and public sector agencies. thus making the additional oil available prunes grown in California. In addition, USDA has not identified as soon as is practicable is beneficial to Authorization to assess dried prune any relevant Federal rules that both handlers and producers; (3) the handlers enables the committee to incur duplicate, overlap or conflict with this Committee unanimously recommended expenses that are reasonable and rule. this change at a public meeting and Further, the Committee meetings were necessary to administer the program. interested parties had an opportunity to widely publicized throughout the The committee recommended a higher provide input; and (4) this rule provides spearmint oil industry and all interested assessment rate because the 2004–05 an appropriate comment period and any persons were invited to attend the crop is very small, and the higher comments received will be considered meetings and participate in Committee assessment rate is needed to generate prior to finalization of this rule. deliberations. Like all Committee funds to meet program expenses and meetings, the September 13, 2004, List of Subjects in 7 CFR Part 985 provide an adequate financial reserve. The crop year began August 1 and ends October 6, 2004, January 20, 2005, and Marketing agreements, Oils and fats, the February 23, 2005, meetings were July 31. The assessment rate will remain Reporting and recordkeeping in effect indefinitely unless modified, public meetings and all entities, both requirements, Spearmint oil. large and small, were able to express suspended, or terminated. I their views on each of the recommended For the reasons set forth in the EFFECTIVE DATE: March 29, 2005. increases in the 2004–2005 Native preamble, 7 CFR part 985 is amended as FOR FURTHER INFORMATION CONTACT: Toni spearmint oil salable quantity and follows: Sasselli, Program Analyst, or Terry Vawter, Marketing Specialist, California allotment percentage. PART 985—MARKETING ORDER Finally, interested persons are invited Marketing Field Office, Fruit and REGULATING THE HANDLING OF to submit information on the regulatory Vegetable Programs, AMS, USDA, 2202 SPEARMINT OIL PRODUCED IN THE and informational impacts of this action Monterey Street, Suite 102B, Fresno, FAR WEST on small businesses. California 93721; Telephone: (559) 487– A small business guide on complying I 1. The authority citation for 7 CFR part 5901; Fax (559) 487–5906; or George with fruit, vegetable, and specialty crop 985 continues to read as follows: Kelhart, Technical Advisor, Marketing marketing agreements and orders may Order Administration Branch, Fruit and Authority: 7 U.S.C. 601–674. be viewed at: http://www.ams.usda.gov/ Vegetable Programs, AMS, USDA, 1400 fv/moab.html. Any questions about the I 2. In § 985.223, paragraph (b) is revised Independence Avenue SW., STOP 0237, compliance guide should be sent to Jay to read as follows: Washington, DC 20250–0237;

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Telephone: (202) 720–2491, Fax: (202) This rule increases the assessment The following table compares the 720–8938. rate established for the committee for major budget expenditures Small businesses may request the 2004–05 and subsequent crop years recommended by the committee on information on complying with this from $4.00 to $6.00 per ton of salable December 8, 2004, and major budget regulation by contacting Jay Guerber, dried prunes. expenditures in the previously- Marketing Order Administration The California dried prune marketing approved 2004–05 budget. Branch, Fruit and Vegetable Programs, order provides authority for the AMS, USDA, 1400 Independence committee, with the approval of USDA, Budget expense Approved Revised to formulate an annual budget of budget budget Avenue SW., STOP 0237, Washington, categories 2004–05 2004–05 DC 20250–0237; Telephone: (202) 720– expenses and collect assessments from 2491, Fax: (202) 720–8938, or E-mail: handlers to administer the program. The Total Personnel [email protected]. members of the committee are Salaries ...... $181,335 $178,335 producers and handlers of California Total Operating SUPPLEMENTARY INFORMATION: This rule dried prunes. They are familiar with the Expenses ...... 84,931 75,431 is issued under Marketing Agreement committee’s needs and with the costs Reserve for Con- No. 110 and Marketing Order No. 993, for goods and services in their local area tingencies ...... 9,534 29,452 both as amended (7 CFR part 993), and are thus in a position to formulate regulating the handling of dried prunes an appropriate budget and assessment The assessment rate recommended by grown in California, hereinafter referred rate. The assessment rate is formulated the committee was derived by dividing to as the ‘‘order.’’ The marketing and discussed in a public meeting. anticipated expenses by the estimated agreement and order are effective under Thus, all directly affected persons have salable tons of California dried prunes. the Agricultural Marketing Agreement an opportunity to participate and Production of dried prunes for the year Act of 1937, as amended (7 U.S.C. 601– provide input. is estimated to be 47,203 salable tons, 674), hereinafter referred to as the The committee recommended an which should provide $283,218 in ‘‘Act.’’ assessment rate of $4.00 per salable ton assessment income. Income derived The Department of Agriculture of prunes for the 2004–05 and from handler assessments is expected to (USDA) is issuing this rule in subsequent crop years on June 23, 2004. be adequate to cover budgeted expenses. conformance with Executive Order USDA approved that assessment rate The committee is authorized to use 12866. and published it in the Federal Register excess assessment funds from the 2004– on September 28, 2004 (69 FR 55733.) 05 crop year (currently estimated at This rule has been reviewed under That assessment rate was to continue in $29,452) for up to 5 months beyond the Executive Order 12988, Civil Justice effect from crop year to crop year unless end of the crop year to meet 2005–06 Reform. Under the marketing order now modified, suspended, or terminated by crop year expenses. At the end of the 5- in effect, California dried prune USDA upon recommendation and month period, the committee must handlers are subject to assessments. information submitted by the committee refund or credit excess funds to Funds to administer the order are or other information available to USDA. handlers, as prescribed by § 993.81(c). derived from such assessments. It is At the time of the June 23 meeting, the The assessment rate would continue intended that the assessment rate as estimated prune crop was expected to in effect indefinitely unless modified, issued herein will be applicable to all be 68,950 salable tons. suspended, or terminated by USDA assessable dried prunes beginning However, the committee met again on upon recommendation and information August 1, 2004, and continue until December 8, 2004, and unanimously submitted by the committee or other amended, suspended, or terminated. recommended an increased assessment available information. This rule will not preempt any State or rate of $6.00 per ton of salable dried Although this assessment rate will be local laws, regulations, or policies, prunes and an increase in 2004–05 in effect for an indefinite period, the unless they present an irreconcilable expenditures to $283,218. At its June 23, committee will continue to meet prior to conflict with this rule. 2004, meeting, the committee or during each crop year to recommend The Act provides that administrative recommended expenditures totaling a budget of expenses and consider proceedings must be exhausted before $275,800. The assessment rate of $6.00 recommendations for modification of parties may file suit in court. Under per ton is $2.00 higher than the rate the assessment rate. The dates and times section 608c(15)(A) of the Act, any currently in effect, and $4.00 per ton of committee meetings are available handler subject to an order may file more than the assessment rate in effect from the committee or USDA. with USDA a petition stating that the during the 2003–2004 crop year. Committee meetings are open to the order, any provision of the order, or any The committee recommended a public and interested persons may obligation imposed in connection with higher assessment rate because a very express their views at these meetings. the order is not in accordance with law small crop was received by handlers USDA will evaluate committee and request a modification of the order during the crop year. The salable prune recommendations and other available or to be exempted therefrom. Such production this year is expected to be information to determine whether handler is afforded the opportunity for only 47,203 tons, the smallest crop since modification of the assessment rate is a hearing on the petition. After the 1918. The assessment rate of $6.00 per needed. Further rulemaking will be hearing USDA would rule on the ton is expected to provide sufficient undertaken as necessary. The petition. The Act provides that the funds for committee operations this year committee’s 2004–05 budget and those district court of the United States in any and provide an adequate financial for subsequent crop years will be district in which the handler is an reserve. reviewed and, as appropriate, approved inhabitant, or has his or her principal In comparison, the budgeted by USDA. place of business, has jurisdiction to expenditures for the 2003–2004 crop review USDA’s ruling on the petition, year were $322,022 and the assessment Final Regulatory Flexibility Analysis provided an action is filed not later than rate was $2.00 per salable ton of prunes, Pursuant to requirements set forth in 20 days after the date of the entry of the based upon an estimated crop of the Regulatory Flexibility Act (RFA), the ruling. 170,500 salable tons. Agricultural Marketing Service (AMS)

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has considered the economic impact of expenditures in the previously- This rule imposes no additional this rule on small entities. Accordingly, approved 2004–05 budget. reporting or recordkeeping requirements AMS has prepared this final regulatory on either small or large California dried flexibility analysis. Approved Revised prune handlers. As with all Federal Budget expense budget budget The purpose of the RFA is to fit categories 2004–05 2004–05 marketing order programs, reports and regulatory actions to the scale of forms are periodically reviewed to business subject to such actions in order Total Salaries ...... $181,335 $178,331 reduce information requirements and that small businesses will not be unduly Operating Ex- duplication by industry and public or disproportionately burdened. penses ...... 84,931 75,431 sector agencies. Marketing orders issued pursuant to the Reserve for Con- USDA has not identified any relevant Act, and the rules issued thereunder, are tingencies ...... 9,534 29,452 Federal rules that duplicate, overlap, or unique in that they are brought about conflict with this rule. through group action of essentially Prior to arriving at its budget of $283,218, the committee considered A proposed rule concerning this small entities acting on their own action was published in the Federal behalf. Thus, both statutes have small information from various sources, such as the committee’s Executive Register on February 4, 2005 (70 FR entity orientation and compatibility. Subcommittee. An alternative to this 5944). Copies of the proposed rule were There are approximately 1,100 action would be to continue with the also provided to prune handlers. producers of dried prunes in the $4.00 per ton assessment rate. However, Finally, the proposal was made production area and approximately 22 an assessment rate of $4.00 per ton in available through the Internet by USDA handlers subject to regulation under the combination with the estimated crop of and the Office of the Federal Register. A marketing order. The Small Business 47,203 salable tons would not generate 30-day comment period ending on Administration (13 CFR 121.201) sufficient monies to fund all the budget March 7, 2005, was provided for defines small agricultural producers as items for 2004–05 and provide an interested persons to respond to the those whose annual receipts are less adequate financial reserve. The proposal. No comments were received. than $750,000, and small agricultural assessment rate of $6.00 per ton of A small business guide on complying service firms as those whose annual salable dried prunes was determined by with fruit, vegetable, and specialty crop receipts are less than $5,000,000. dividing the total recommended budget marketing agreements and orders may Eight of the 22 handlers (36.4 percent) by the estimated salable dried prunes. be viewed at: http://www.ams.usda.gov/ shipped over $5,000,000 of dried prunes The committee is authorized to use fv/moab/html. Any questions about the and could be considered large handlers excess assessment funds from the 2004– compliance guide should be sent to Jay by the Small Business Administration. 05 crop year (currently estimated at Guerber at the previously mentioned Fourteen of the 22 handlers (63.6 $29,452) for up to 5 months beyond the address in the FOR FURTHER INFORMATION percent) shipped under $5,000,000 of end of the crop year to fund 2005–06 CONTACT section. dried prunes and could be considered crop year expenses. At the end of the 5- After consideration of all relevant small handlers. An estimated 32 month period, the committee must material presented, including the producers, or less than 3 percent of the refund or credit excess funds to information and recommendation 1,100 total producers, would be handlers, as prescribed by § 993.81(c). submitted by the committee and other considered large growers with annual Anticipated assessment income available information, it is hereby found income over $750,000. Therefore, the collected during 2004–05 would be that this rule, as hereinafter set forth, majority of handlers and producers of adequate to cover authorized expenses. will tend to effectuate the declared California dried prunes may be The grower price for the 2004–05 crop policy of the Act. classified as small entities. year is expected to average about $750 Pursuant to 5 U.S.C. 553, it also found This rule increases the assessment per salable ton of dried prunes. Based and determined that good cause exists rate established for the committee and on an estimated 47,203 salable tons of for not postponing the effective date of collected from handlers for the 2004–05 dried prunes, assessment revenue this rule until 30 days after publication and subsequent crop years from $4.00 to during the 2004–05 crop year is in the Federal Register because the $6.00 per ton of salable dried prunes. expected to be less than 1 percent of the 2004–05 crop year began on August 1, The committee unanimously total expected grower revenue. 2004, and the marketing order requires recommended revised 2004–05 This action increases the assessment that the rate of assessment for each crop expenditures of $283,218 and an obligation imposed on handlers. While year apply to all assessable prunes increased assessment rate of $6.00 per assessments impose some additional handled during the crop year. Further, ton of salable dried prunes at the costs on handlers, the costs are minimal the Committee needs sufficient funds to meeting on December 8, 2004. The and uniform on all handlers. Some of pay its expenses which are incurred on recommended expenditures are slightly the additional costs may be passed on a continuous basis. Handlers are aware higher than the committee’s initial to producers. However, these costs are of this rule which was unanimously estimate of $275,800 for 2004–05. The offset by the benefits derived by the recommended at a public meeting. Also, assessment rate of $6.00 per ton is $2.00 operation of the marketing order. In a 30-day comment period was provided higher than the current rate. The addition, the committee’s meeting was for in the proposed rule and no quantity of salable dried prunes for the widely publicized throughout the comments were received. 2004–05 crop year is now estimated at California dried prune industry and all 47,203 salable tons. Thus, the $6.00 rate interested persons were invited to List of Subjects in 7 CFR Part 993 should provide $283,218 in assessment attend the meeting and participate in Marketing agreements, Plums, Prunes, income and be adequate to meet this committee deliberations on all issues. Reporting and recordkeeping year’s expenses. Like all committee meetings, the requirements. The following table compares the December 8, 2004, meeting was a public major budget expenditures meeting and all entities, both large and I For the reasons set forth in the recommended by the committee on small, were able to express views on preamble, 7 CFR part 993 is amended as December 8, 2004 and major budget this issue. follows:

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PART 993—DRIED PRUNES Unit 38, Riverdale, MD 20737–1231; Mexican States; the possibility that PRODUCED IN CALIFORNIA (301) 734–4356. imports of those two commodities, in SUPPLEMENTARY INFORMATION: particular, could transmit not only CSF I 1. The authority citation for 7 CFR part to U.S. herds but other diseases as well; 993 continues to read as follows: Background the conditions under which pork and Authority: 7 U.S.C. 601–674. The Animal and Plant Health pork products would be imported into the United States from the four Mexican I 2. Section 993.347 is revised to read as Inspection Service (APHIS) of the States; the adequacy of controls on the follows: United States Department of Agriculture (USDA) regulates the importation of movement of products from CSF- § 993.347 Assessment rate. animals and animal products into the affected regions into the four Mexican On and after August 1, 2004, an United States to guard against the States; the possibility of commingling of assessment rate of $6.00 per ton is introduction of animal diseases not products originating in the four States established for California dried prunes. currently present or prevalent in this with products imported into those States from surrounding CSF-affected Dated: March 22, 2005. country. The regulations pertaining to the importation and exportation of regions; swine identification and Kenneth C. Clayton, animals and animal products are set traceback in Mexico; and the adequacy Acting Administrator, Agricultural Marketing forth in the Code of Federal Regulations of some aspects of the veterinary Service. (CFR), title 9, chapter I, subchapter D (9 infrastructure in the four Mexican [FR Doc. 05–5984 Filed 3–25–05; 8:45 am] CFR parts 91 through 99). States. BILLING CODE 3410–02–P On September 30, 2002, we published The commenter noted that for a in the Federal Register (67 FR 61293– separate CSF-related rulemaking, APHIS 61300, Docket No. 02–002–1) a proposal conducted a risk analysis that included DEPARTMENT OF AGRICULTURE to amend the regulations in §§ 94.9 and quantitative risk assessments for live 94.10 by adding the Mexican States of swine, swine semen, and pork. (The Animal and Plant Health Inspection rulemaking cited by the commenter Service Campeche, Quintana Roo, Sonora, and Yucatan to the lists of regions involved the recognition of a region in the European Union (EU) consisting of 9 CFR Part 94 considered free of classical swine fever (CSF), thus relieving restrictions on the Austria, Belgium, Greece, the importation into the United States of Netherlands, Portugal, and parts of [Docket No. 02–002–2] Germany and Italy as free of CSF; that pork, pork products, live swine, and rulemaking was completed with the swine semen from these regions. We Classical Swine Fever Status of publication of a final rule in the Federal also proposed to remove references to Mexican States of Campeche, Quintana Register (68 FR 16922–16940, Docket those four States in § 94.15(b) because Roo, Sonora, and Yucatan No. 98–090–5) on April 7, 2003.) The we believed that paragraph, which, commenter stated that risk analyses AGENCY: Animal and Plant Health among other things, governs the conducted for our September 2002 Inspection Service, USDA. transiting through the United States of proposed rule regarding the four ACTION: Final rule. pork and pork products not otherwise Mexican States did not include separate eligible for entry into the United States SUMMARY: We are amending the assessments for live swine and swine under part 94, would no longer apply to semen, even though, in general, there regulations by adding the Mexican those States once they were recognized States of Campeche, Quintana Roo, are higher levels of risk associated with as CSF-free. Finally, we proposed to importing live animals and germ plasm Sonora, and Yucatan to the lists of remove § 94.21, which contained regions considered free of classical than with importing pork and pork provisions for the importation of pork products. The commenter requested an swine fever (CSF). We have conducted and pork products from Sonora and a series of risk evaluations and have explanation of the apparent disparity in Yucatan, because our recognition of the risk determination procedures used determined that these four States have those two Mexican States as free of CSF met our requirements for being in the two rulemakings. meant that those provisions would no In conducting the analyses that recognized as free of this disease. This longer apply. action allows the importation into the provided the basis for our September United States of pork, pork products, Note: Since the proposed rule’s 2002 proposed rule concerning publication, §§ 94.19 through 94.25 have Campeche, Quintana Roo, Sonora, and live swine, and swine semen from these been redesignated as §§ 94.20 through 94.26, regions. In addition, this rule requires Yucatan, we used our standard respectively. Throughout this final rule, we approach, which is described in § 92.2 live swine, pork, and pork products use the current section numbers in part 94. of the regulations, and we found the risk imported into the United States from the Thus, where the proposed rule referred to of CSF transmission to the United States four Mexican States to be certified as § 94.20, this final rule refers to § 94.21. via imports from these four Mexican having originated in one of those States We solicited comments concerning States to be low. Historically, we have or in another region recognized by the our proposal for 60 days ending not conducted separate risk analyses for Animal and Plant Health Inspection November 29, 2002. We received one live swine and swine semen in similar Service as free of CSF and as not having comment by that date. It was from a rulemakings. Our typical approach been commingled, prior to export to the domestic pork producers’ association. when evaluating a region for disease- United States, with animals and animal The commenter opposed the proposal, free status has been to conduct products from regions where CSF exists. raising a number of issues that we will qualitative analyses. Regions that have DATES: Effective Date: April 12, 2005. discuss in the paragraphs that follow. met criteria for disease freedom, such as FOR FURTHER INFORMATION CONTACT: Dr. Areas of concern mentioned by the the four Mexican States covered by this Hatim Gubara, Staff Veterinarian, commenter included APHIS’ risk rulemaking, are typically those that Regionalization Evaluation Services assessment methodology; the conditions have not reported an outbreak of the Staff, National Center for Import and under which live swine and swine relevant disease in many years, do not Export, VS, APHIS, 4700 River Road semen would be imported from the four allow vaccinations that might mask

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disease, and whose products are assessment may conclude at that point. new § 94.24 (as noted, that section has considered to present a relatively low Because we determined the risk values since been redesignated as § 94.25), risk for disease transmission. Regions for release to be small, we did not which contained a certification for which quantitative analyses are conduct exposure or consequence requirement intended to ensure that live conducted, on the other hand, are assessments. swine, as well as pork and pork typically those which a qualitative Noting the higher risk of disease products, imported from Baja California, evaluation suggests might be associated transmission associated with live swine Baja California Sur, Chihuahua, and with a higher level of risk due to the and swine semen relative to that of pork Sinaloa originated in one of those States presence of such risk factors as recent or pork products, the commenter or in another region recognized by disease outbreaks or a continuing requested additional information about APHIS as free of CSF and that, prior to program of vaccination. One such risk the conditions under which live swine export to the United States, such factor that influenced our approach to would be imported into the United animals and animal products have not the EU risk analysis cited by the States from the four Mexican States been commingled with animals and commenter was the presence of CSF in covered by this rulemaking and about animal products from regions where wild boars in the EU. That risk factor the types, locations, biosecurity CSF exists. The risk factors cited in was not known to exist in the four policies, etc., of the semen centers that connection with imports from those four Mexican States. The EU rule was also would have the potential to ship semen CSF-free Mexican States—they much larger in scope than our for use in U.S. swine herds. supplement their pork supplies with September 2002 proposed rule, Though this final rule allows imports fresh (chilled or frozen) pork imported involving various countries within the of live swine and swine semen from from regions designated in §§ 94.9 and EU and regions within EU countries. Campeche, Quintana Roo, Sonora, and 94.10 as being affected by CSF, share a The commenter pointed out that the Yucatan, we do not intend to issue common land border with CSF-affected risk evaluation documentation import permits for live swine and swine regions, or import live swine from CSF- supporting equivalent rulemaking semen from Mexico until we have affected regions under conditions less involving Baja California, Baja resolved several issues related to the restrictive than would be acceptable for California Sur, Chihuahua, and presence of blue eye disease in Mexico importation into the United States—also Sinaloa—a final rule covering the CSF (those issues are discussed in greater apply to Campeche, Quintana Roo, status of those four Mexican States was detail later in this document). We are Sonora, and Yucatan. Therefore, in this published in the Federal Register (68 confident that once the blue eye disease final rule, in addition to adding FR 47835–47842) on August 12, 2003— issue is settled, the regulations will Campeche, Quintana Roo, Sonora, and included probability functions for provide for the safe importation into the Yucatan to the lists in §§ 94.9 and 94.10 commercial and backyard herds, while United States of live swine and swine of regions where CSF is not known to semen from the four Mexican States. the documentation for the September exist, we are also adding those four Live swine may be imported into the 2002 proposed rule did not include Mexican States to the list of regions in United States only in accordance with these mathematical results. § 94.25 to which certification In the rulemaking involving Baja §§ 93.500 through 93.521. These requirements apply to live swine, pork, California, Baja California Sur, sections include, among other things, and pork products. Chihuahua, and Sinaloa, information requirements for import permits, health that lent itself to the type of analysis certification, inspection and cleaning of Swine semen may be imported into cited by the commenter was made conveyances used to transport swine, the United States only in accordance available to us by the Mexican inspection of swine at the port of entry, with §§ 98.30 through 98.36. These Government. We did not require the and quarantine methods and facilities. sections include requirements for the Mexican Government to furnish that Section 93.507, which pertains to port- inspection, unloading, cleaning, and information, however, and do not of-entry inspection, provides that only disinfection of aircraft, other means of routinely require such information. those swine found to be free of conveyance, and shipping containers Generally, our qualitative risk analyses communicable diseases and not to have used to move animal semen into the do not include probability functions. been exposed to communicable diseases United States; import permits; and The commenter also suggested that in the 60 days prior to their importation health certificates and other documents. the risk analyses that provided the basis are eligible for entry. Section 93.510 Part 98 also offers protection against the for the current rulemaking did not requires that all imported swine be commingling of animal semen from accord with the recommendations of the quarantined for a period of not less than disease-free and disease-affected Office International des Epizooties (OIE) 15 days, dating from the arrival of the regions. Paragraph (b) of § 98.31 states for conducting such analyses. OIE swine at the port of entry. For the most that animal semen may not be imported recommends that an import risk part, the regulations in part 93 provide into the United States from any region analysis contain four components: effective prevention against other than that in which it was Release assessment, exposure transmission of CSF to the U.S. swine collected. Paragraph (f) of § 98.35 assessment, consequence assessment, population by means of imports of live requires that all shipping containers and risk estimation. According to the swine. As we noted in the preamble to carrying animal semen for importation commenter, neither our evaluation of our August 2003 final rule covering Baja into the United States must be sealed the three Yucatan Peninsula States nor California, Baja California Sur, with an official seal of the national our evaluation of Sonora contained Chihuahua, and Sinaloa, however, a veterinary service of the region of origin. exposure or consequence assessments. review of the regulations led us to Also, under part 98, import permits for We believe that the risk analyses that determine that we needed to provide semen may be denied because of, among we conducted for the four Mexican more protection against the possible other things, communicable disease States did conform to OIE guidelines. commingling of live swine from certain conditions in the region of origin or in The evaluation we conducted was a CSF-free regions with swine from other a region through which the shipment release assessment. The OIE guidelines regions before the eligible swine are has been or will be transported. Taken state that, if the release assessment exported to the United States. In that together, these and other provisions in demonstrates no significant risk, the risk final rule, we added to 9 CFR part 94 a part 98 make the prospect of CSF

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transmission to U.S. swine herds via the collect information and conduct an incorporate most of the safeguards importation of swine semen from assessment of the risk of introducing against the commingling of pork and Campeche, Quintana Roo, Sonora, and blue eye disease in live swine and swine pork products prior to importation into Yucatan very unlikely. As we noted in semen imported from Mexico. the United States that were contained in the preamble to the August 2003 final The commenter also questioned why § 94.21 into the certification rule, we did not think it necessary to the import conditions we proposed to requirements of § 94.25. Under this final make any changes in the regulations apply to pork and pork products from rule, imports of pork and pork products pertaining to semen. Campeche, Quintana Roo, Sonora, and from Campeche, Quintana Roo, Another concern expressed by the Yucatan differed from the provisions Yucatan, and Sonora will have to meet commenter, who raised the same issue already in place in § 94.21 for the the certification requirements of § 94.25. in connection with the rulemaking importation of those commodities from The commenter also requested more covering Baja California, Baja California Sonora and Yucatan. Among other information regarding the location, Sur, Chihuahua, and Sinaloa, was that things, § 94.21 includes requirements disease status, and surveillance of feral allowing the importation of live swine that pork or pork products from Yucatan swine populations in Mexico. Such and swine semen from Campeche, and Sonora be derived from swine that information would be helpful, according Quintana Roo, Yucatan, and Sonora were born and raised in Sonora or to the commenter, in understanding the could increase the risk of infection of Yucatan and slaughtered in Sonora or risk of CSF transmission across the U.S. swine herds with diseases such as Yucatan at a federally inspected feral-domestic swine interface in pseudorabies, vesicular stomatitis, and slaughter plant that is under the direct Mexico. blue eye disease. supervision of a full-time salaried Populations of feral swine exist in The inspection, permitting, veterinarian of the Government of most Mexican States. There are no certification, and quarantine provisions Mexico; that, if processed, the pork or specific surveillance programs in effect in part 93 allow APHIS to screen pork product was processed in either for these populations; therefore, no imported live swine for pseudorabies Sonora or Yucatan in a federally definitive statements can be made about and to take effective measures to inspected processing plant that is under their health status. We only view feral prevent its spread, including refusal of the direct supervision of a full-time swine as a cause for concern if such entry. Under § 93.507, APHIS may salaried veterinarian of the Government animals are transmitting disease to refuse entry to swine found upon of Mexico; that the pork or pork product swine being raised for slaughter. We inspection at the port of entry to have has not been in contact with pork or have no evidence to suggest that this is a communicable disease or to have been pork products from any State in Mexico happening or that CSF is circulating or exposed to such a disease within 60 other than Sonora or Yucatan or from has ever circulated in feral swine in days of their exportation to the United any other region not recognized as CSF- Mexico. In addition, we do not currently States. Live swine from Mexico are not free; and that the shipment of pork or conduct CSF surveillance in feral swine considered likely to transmit vesicular pork products has not been in any State within the continental United States, stomatitis to U.S. herds, and we do not in Mexico other than Sonora or Yucatan where there is also no evidence to require testing of either live swine or or in any other region not recognized as suggest that CSF is circulating in feral other species from Mexico for that CSF-free en route to the United States, swine. Therefore, in view of our disease. Blue eye disease does provide unless it has been shipped in sealed obligation under the World Trade some cause for concern. Although containers. Since we proposed to Organization-Sanitary and several laboratory tests have been remove § 94.21, the commenter asked Phytosanitary Measures agreement not developed for the detection of that why we thought such mitigations were to impose discriminatory measures on disease, none has been validated or is no longer needed. other countries, we do not think it commercially available in the United Risk evaluations carried out during appropriate to require Mexico to States. Moreover, APHIS does not have the 1990s led APHIS to conclude that conduct CSF surveillance in feral swine. current and complete information on pork and pork products could safely be The commenter noted that the feeding the geographic distribution of blue eye imported into the United States from of CSF-infected meat waste to swine is disease in Mexico. In the absence of Yucatan and Sonora under conditions known to be one of the principal means specific clinical signs, a reliable designed to prevent the commingling of of introducing CSF into previously free laboratory test, and complete such products prior to exportation with areas and that our supporting epidemiological information, specific pork and pork products from documents suggested that the majority mitigation measures for blue eye disease surrounding regions with lower CSF of waste food feeding occurs in of swine are difficult to design. Under status. Consequently, on January 11, backyard farms. According to the § 93.504(a)(3), however, APHIS may 2000, we published in the Federal commenter, while feeding of waste food deny permits for the importation of live Register (65 FR 1529–1537, Docket No. from airlines within CSF eradication swine due to communicable disease 97–079–2) the final rule setting out the zones is not permitted, feeding of other conditions in the region of origin, conditions for imports from those two waste food is unregulated. The among other reasons. Similarly, under Mexican States. Unlike the current commenter requested information on § 98.34(a)(3), APHIS may deny import rulemaking, however, the January 2000 what risk mitigation strategies were permits for animal semen because of final rule did not recognize Yucatan and considered in APHIS’ risk estimation, communicable disease conditions in the Sonora as free of CSF. Generally, import given the potential for interaction region of origin, among other reasons. requirements tend to be less stringent between backyard and feral swine, and We intend to rely on our authority for disease-free than for disease-affected the possibility of unregulated waste under 9 CFR parts 93 and 98 to support regions, so it was to be expected that the food being fed to backyard swine. our decision not to issue any permits for requirements described in our Safeguards are in place in Mexico to the importation of live swine and swine September 2002 proposed rule would prevent the transmission of CSF by semen from any Mexican States until not be as rigorous as those imposed on means of feeding CSF-infected waste the issue of blue eye disease can be Sonora and Yucatan in the earlier meat to swine. In CSF-free Mexican addressed more comprehensively. With rulemaking. Our subsequent review of States and States undergoing that goal in mind, APHIS intends to the regulations, however, led us to eradication, the feeding of table scraps

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to swine is prohibited, in both Safety (SAGARPA), under the control of samples or tissue with virus in such a commercial and backyard operations. the State Livestock Promotion and zone. Backyard swine are fed on their owners’ Protection Committees. The commenter expressed some premises, where wild swine are not There is an adequate system in place concern about a statement in our site given access to the food. In the unlikely in Mexico to ensure that slaughtered visit report for the Yucatan Peninsula event that backyard swine in a CSF-free swine can be traced back to their States that could be interpreted as zone could have access to table scraps, premises of origin. The federally indicating that authorized industry these scraps would include pork from inspected abattoirs (the Spanish associations could set movement control the same free zone or from another zone acronym is TIF) have government rules. with the same health status, since it is veterinarians who inspect the animals The technical guidelines for forbidden to introduce raw pork or raw ante and post mortem. Each lot of movements of swine and pork products pork byproducts from an area in the animals is placed in a pen, and each and byproducts nationwide in Mexico control or eradication phase into a CSF- animal is identified with the pen are contained in NOM–037–ZOO–1995, free zone. number. There is a slaughter schedule National Classical Swine Fever Noting that producers provide that takes the animals pen by pen. In the Campaign, and compliance is significant funding for animal health event that any abnormality is detected compulsory throughout all of Mexico. activities in the four Mexican States, during the inspection, the lot to which Under these guidelines, no industry including laboratory facilities and the animal belongs can be determined association may establish any functions in some States, the commenter from the plant’s records, which include movement control rules, but such questioned whether APHIS could be information concerning the identity of associations may be authorized by assured that these responsibilities the farm of origin. Municipal abattoirs SAGARPA to issue the animal health would be properly carried out when keep logbooks containing information certificates required for animal producers had significant market on the animals’ origins. movements. For an industry association to issue animal health certificates, it downturns that decreased their income Mexico is also able to trace back must have a veterinarian authorized to and their ability to maintain their shipments of live swine and swine do so, must be a member of one of commitments to disease programs. semen to their premises of origin. As we noted in both the risk analyses Mexico’s five national certification Shipments of live swine and swine for the four Mexican States and the bodies, and must meet all applicable semen, whether imported into Mexico proposed rule, for both economic and requirements set forth in NOM–037– from another country or moving within animal health reasons, the swine ZOO–1995. Mexico, must be accompanied by industry in the Yucatan Peninsula and The commenter also discussed some animal health certificates. According to Sonora is committed to producing narrower issues pertaining to the quality hogs and maintaining CSF-free Article 24 of Mexico’s Federal Animal individual States covered by the status. Industry leaders have Health Law, the animal health proposed rule. Areas of concern demonstrated awareness of animal certificate must contain, among other included the veterinary infrastructure of disease control measures necessary to things, information regarding the place the individual States, the disease status ensure the maintenance of a healthy and of origin and specific destination of the of adjacent regions, and movement productive animal industry. The animals, animal products, or other controls. eradication of CSF from the four materials in the shipment. This required The commenter noted that the Mexican States was largely due to the information makes traceback possible documents supporting the current dedication and persistence of the when needed. rulemaking indicated that, within the industry and to its willingness to work Noting that in the site visit report for Federal component of the Mexican with animal health officials to ensure the Yucatan Peninsula, APHIS had animal health infrastructure, 109 that the disease is not reintroduced. recommended that Mexican laboratories veterinarians are currently certified to The commenter also requested obtain a source of CSF-infected, gamma- treat CSF and pseudorabies, yet none of information on the status of a national irradiated (virus inactivated) tissue for them reside in Campeche. The swine identification program in Mexico, use as a positive control for the CSF commenter expressed the concern that on how slaughtered swine are traced fluorescent antibody tissue section test, the lack of such certified veterinarians back to their farms of origin, and on the commenter asked whether this in Campeche could cause delays in the whether traceback of live swine or recommendation had been followed. diagnosis of these diseases. semen importations could be done if It was not possible to carry out the We do not believe that the lack of needed. recommendation to obtain CSF-infected, veterinarians residing in Campeche There is no official national system gamma-irradiated tissue because neither would result in delays in diagnosing for the individual identification of of the two national reference CSF or pseudorabies in that State swine in Mexico, so each farm or State laboratories has performed this process because State and Federal personnel, or regional swine-producers’ union or and it is not required for authorizing working in concert, provide adequate association establishes its own local clinical diagnostic laboratories. The coverage. Under the National registration system among its members. Regional Central Laboratory in Merida, Epidemiological Surveillance System, An official Mexican standard is now Yucatan, is authorized to perform the continuous surveys are conducted of being drafted that will make it possible immunoperoxidase, enzyme-linked both technically advanced and backyard to have a uniform identification system, immunosorbent assay, and swine production facilities for these and which for swine will entail an immunofluorescence test for CSF, other diseases, and followup action is individual identification in the form of however, for which it uses a conjugate taken where necessary. an eartag or tattoo containing prepared by PRONABIVE and a Samples are obtained from both types information about the State of origin monoclonal conjugate prepared by the of facilities by SAGARPA and State and a consecutive number for the University of Iowa. The laboratory does veterinarians, who are supported by the animal assigned by the Federal not use a positive control, since the State Livestock Promotion and Secretariat for Agriculture, Livestock, State of Yucatan is a CSF-free zone, and Protection Committee. In addition, the Rural Development, Fisheries and Food it would be hazardous to have virus official animal health infrastructure in

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the State encompasses the operations of The commenter also requested more 1995, National Campaign against laboratories, slaughterhouses, recent information with regard to the Classical Swine Fever, and in NOM– checkpoints, and quarantine stations, effectiveness of the quarantine line, 007–ZOO–1994, National Campaign and the control of movements of noting that 2,881 seizures of swine were against Aujeszky’s Disease (i.e., animals and animal products. recorded in 1998. pseudorabies). No pork products are Noting that there were six animal The Mexican Government has received into Quintana Roo from health centers located in the State of furnished data on the total number of abroad, so we do not view the absence Campeche but that none was authorized seizures of swine, poultry, and bovine of international port authorities at to diagnose CSF, the commenter asked products and byproducts, as well as Puerto Morelos as problematic. whether the State had received expected products of plant origin, made at this The commenter noted that, of the funding that could result in such quarantine line for the years 2001 and Mexican States from which Quintana authorization. 2002. In 2001, there were 408 seizures, Roo imports pork products and While the funding has not yet and in 2002, 7,488. byproducts, only Sonora and Yucatan materialized, diagnostic support for The commmenter also inquired as to are recognized in this rulemaking as free Campeche is currently available from whether there was any additional of CSF. The commenter requested the Regional Central Laboratory in evidence of CSF outbreaks in the Peta´n information on how SAGARPA would Merida, Yucatan, which is approved to region of Guatemala, which abuts control movements of products into diagnose CSF and provides regional Campeche. Quintana Roo and what guarantees with We have no additional evidence of service for Yucatan, Campeche, and regard to compliance with heat CSF outbreaks in that region. According Quintana Roo. Moreover, since treatment protocols would be provided to information the Mexican Government Campeche is an area that is free of CSF, to APHIS. has received from Guatemala, the Peta´n As we have noted, pork and pork the Exotic Animal Disease Region is free of CSF, and Guatemala products entering Quintana Roo or other Commission’s (EADC’s) high-security conducts epidemiological surveillance CSF-free zones must have been laboratory in Mexico City provides the activities in that region in order to keep produced in and shipped from TIF first level of diagnostic support in it free. CSF is more commonly reported plants. The Mexican Government suspicious cases, while the scheduled in the southern region of Guatemala, regulations are more stringent for annual surveys are channeled to the which is not contiguous to Campeche. products produced in TIF plants located Regional Central Laboratory in Merida. The commenter expressed some of the in CSF-affected zones than for products Both laboratories participate in same concerns about the veterinary produced in plants in CSF-free zones. diagnosing CSF in the State of infrastructure of Quintana Roo as about Only cooked or matured products are Campeche. Campeche, citing the absence of allowed to enter Quintana Roo from The commenter argued that the CSF veterinarians certified to diagnose CSF non-free zones, and these products are status of Campeche’s neighboring and pseudorabies residing in the State subject to various shipping, Mexican States, particularly that of and the consequent possibility that temperature, and recordkeeping Chiapas, should be considered when diagnosis of these diseases could be requirements. Such products may only defining the CSF status in regions delayed. Since the surveillance be transported in sealed vehicles. When contiguous to Campeche. The activities and veterinary infrastructure the shipments of such pork and pork commenter noted that the narrow of Quintana Roo parallel those of products arrive in the destination State, central region of the neighboring Campeche, we do not see delayed the Government-or Ministry-authorized Mexican State of Tabasco separates diagnosis as an issue of particular personnel assigned to the checkpoints at Campeche from Chiapas by only 15 concern for Quintana Roo. the entrance to the State review the kilometers and that new outbreaks of The commenter requested information animal health certificate, certify that the CSF had been reported in either Tabasco on how pork product importation is seal has not been removed, and remove or Chiapas every year from 1996 to controlled at Puerto Morelos and who is the seal and inspect the load to 2001. responsible for the inspection and determine that it corresponds to what is In fact, although evaluation of verification process. The commenter stated in the animal health certificate. adjacent regions is a routine component pointed out that a supporting document In addition to the existing controls of an APHIS review, APHIS solicited furnished by the Government of Mexico placed upon the movement of pork and additional information. In the year 2001, contained a statement that pork and pork products from CSF control or seven outbreaks of CSF were recorded pork products entering Quintana Roo by eradication zones into free zones, as in Chiapas and two in Tabasco. The boat, chiefly bound for Cancun, undergo mentioned earlier, in order to be eligible risks posed by these outbreaks for swine inspection at Puerto Morelos, yet there to enter the United States, pork or pork production in the State of Campeche are are no international port authorities products from Quintana Roo (as well as mitigated, however, by the animal there because Puerto Morelos is not the other three Mexican States in this movement control and inspection considered to be a commercial port. rule) will have to meet the certification activities conducted by SAGARPA, the We view the existing controls on the requirements of § 94.25. These include State Government of Campeche, and the movement of pork and pork products requirements that the pork or pork State Livestock Promotion and into Quintana Roo by boat as adequate products must have been derived from Protection Committees. As we noted in to prevent the introduction of CSF into swine born and raised in a CSF-free the preamble to the September 2002 the State. Quintana Roo imports pork region and slaughtered in such a region proposed rule, animal movement into and pork products produced in and at a federally inspected slaughter plant; the Yucatan Peninsula States is tightly shipped from TIF plants in the Mexican that the pork or pork products have controlled. A regional quarantine line, States of Aguascalientes, Chiapas, never been commingled with pork or known as the ‘‘Peninsula-Tabasco Michoacan, Nuevo Leon, Sonora, pork products that have been in a CSF- Quarantine Line,’’ has 10 inspection Tamaulipas, Yucatan, and the Federal affected region; and that the pork or points that conduct animal health District. These products are subject to pork products have not transited inspection activities and vehicle regulations set down in Mexican through such a region unless moved disinfection. Official Standard NOM–037–ZOO– directly through the region to their

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destination in a sealed means of may be obtained in two ways: Centrally, pork products not otherwise eligible for conveyance with the seal intact upon at SAGARPA’s offices, and at the local entry into the United States under part arrival at the point of destination. We level, through the issuing center. In 94, would no longer apply to those are confident that these certification addition, this information is processed States once we recognized them as CSF- requirements, as well as the existing by each certification body and sent to free. Some of the pork and pork Mexican Government regulations SAGARPA, which is in charge of products produced in those States for regarding the movement of pork and compiling it and can have access to it export, however, may be produced in pork products into CSF-free zones, will if required. plants that are not approved by the Food provide effective protection against Noting that live swine entering the Safety and Inspection Service of the commingling of products prior to their State of Yucatan are registered animals USDA to export products to the United export from Quintana Roo to the United with high genetic value and come States. Such pork and pork products, States. overland from Sonora and Sinaloa, the while ineligible for importation into the The commenter also expressed some commenter requested information on United States under the conditions of concerns about infrastructure and what processes are in place to prevent this final rule, are allowed to transit product movement issues with regard to the introduction of communicable through the United States under current Sonora. The commenter asked whether diseases of swine into the State from § 94.15(b). In order to allow such the diagnostic laboratories operated by infections that may occur as swine products to continue to transit the the group of 174 producers located in shipments move through regions of United States, we have decided not to the State of Sonora are accredited by the Mexico known to be infected by CSF, finalize our proposed changes to Government of Mexico to test for CSF pseudorabies, and other diseases. § 94.15(b). and also inquired about who has Effective controls are in place to Therefore, for the reasons given in the responsibility for reporting diagnostic prevent the infection of swine in transit proposed rule and in this document, we activities to the State. The commenter to Yucatan. Swine entering Yucatan are adopting the proposed rule as a final also claimed that it is unclear how from another Mexican State must come rule, with the changes discussed in this documents are administered in Sonora from a CSF-free State, such as Sonora or document. for inter- and intrastate livestock Sinaloa, in order to be marketed as Effective Date movements. Noting that the document breeding stock in Yucatan. Such entitled ‘‘Characterization of the State of shipments must be accompanied by This is a substantive rule that relieves Sonora for International Recognition as animal health certificates. The vehicles restrictions and, pursuant to the a CSF-Free Zone’’ indicates that health in which the swine are carried must be provisions of 5 U.S.C. 553, may be made certificates for control of animal kept sealed from the point of origin to effective less than 30 days after movements are issued by livestock the destination. If the vehicles that publication in the Federal Register. groups and have the signature of a transported the swine move through a This rule adds the Mexican States of veterinarian, the commenter requested CSF-control zone before returning to Campeche, Quintana Roo, Sonora, and information on where the data regarding their place of origin, they must be Yucatan to the lists of CSF-free regions these movements reside, in case access washed and disinfected with an and allows pork, pork products, live is needed for disease traceback authorized disinfectant. If the swine swine, and swine semen to be imported purposes. have traveled through States or zones of into the United States from those four At present there is one laboratory in inferior health status, they must be kept Mexican States under certain Sonora that is authorized by SAGARPA in isolation for 20 days at their final conditions. We have determined that 15 to conduct CSF diagnostic tests. This destination. During this confinement, days are needed to ensure that APHIS laboratory, called the ‘‘Laboratorio serological tests for CSF are conducted. and Department of Homeland Pecuarius,’’ has personnel trained and Swine imported into Yucatan from Security—Bureau of Customs and authorized by SAGARPA to perform regions outside Mexico must have Border Protection personnel at ports of diagnostic activities according to originated in regions recognized as entry receive official notice of this national and international standards. being CSF-free and must also be isolated change in the regulations. Therefore, the The Laboratorio Pecuarius sends a upon arrival in Yucatan. Administrator of the Animal and Plant monthly electronic report to the In addition to the controls placed Health Inspection Service has National Epidemiological Surveillance upon swine in transit by the Mexican determined that this rule should be System on diagnoses made, including Government, § 94.25 includes, among effective 15 days after publication in the those related to CSF. This report is other things, a requirement that live Federal Register. endorsed by the person in charge of the swine intended for export to the United laboratory, who is an authorized States may not have transited a CSF- Executive Order 12866 and Regulatory veterinarian. In addition, the EADC affected region unless moved directly Flexibility Act follows up on any clinical suspicions of through the region to their destination This rule has been reviewed under CSF and has diagnostic support from in a sealed means of conveyance with Executive Order 12866. The rule has the EADC’s high-security laboratory, the seal intact upon arrival at the point been determined to be not significant for since CSF is classified as an exotic of destination. the purposes of Executive Order 12866 disease for Sonora. and, therefore, has not been reviewed by We view Sonora’s system of Miscellaneous the Office of Management and Budget. document administration for animal As we noted earlier in this document, This rule amends the regulations in 9 movement as adequate to allow in our September 2002 proposed rule, CFR part 94 by adding the Mexican traceback when necessary. Various we had proposed to remove references States of Campeche, Quintana Roo, copies of the animal health certificate to Campeche, Quintana Roo, Sonora, Sonora, and Yucatan to the lists of that must accompany animals in transit and Yucatan that were contained in regions in §§ 94.9 and 94.10 considered are made and kept. One copy is kept by § 94.15(b) of the regulations because we free of CSF and to the list of CSF-free the user, another by the center issuing believed that paragraph, which, among regions in § 94.25 from which live the certificate, and another by other things, governs the transiting swine, pork, and pork products SAGARPA. Access to these documents through the United States of pork and intended for export to the United States

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must be certified as having originated in substantial negative economic effects as volume will be limited and their one of those regions or in another region a result of this rulemaking. This is economic impact small. Hog inventory recognized by APHIS as free of CSF and because the United States is expected to of the four States covered by this as not having been commingled, prior to import only a small amount of those rulemaking amounted to about 5 percent export to the United States, with commodities from the four Mexican of U.S. hog and pig inventory in 2001.1 animals and animal products from States. Moreover, the four States covered by regions where CSF exists. This rule is likely to have a minimal this rulemaking account for only about Based on the assumption that effect on U.S. live swine markets, both 13 percent of Mexico’s live swine Campeche, Quintana Roo, Sonora, and in the short term and in the medium production. In 2001, the State of Sonora Yucatan will not drastically increase term. As noted earlier, we will not begin produced 10 percent of Mexico’s live their levels of production of live swine, issuing import permits for live swine or swine semen, pork, and pork products swine semen from the four Mexican swine, Yucatan 2.3 percent, Quintana over those of the last few years, we do States until our concerns about blue eye Roo 0.7 percent, and Campeche 0.2 not anticipate that U.S. producers of disease are allayed. When such imports percent. Figures for live swine are those commodities will experience any do commence, we expect that their provided in table 1.

TABLE 1.—LIVE HOGS IN FOUR MEXICAN STATES AND MEXICO AS A WHOLE, 2001

State Hogs in commercial farms Hogs in backyard operations All hogs

Campeche ...... 6,612 (in 5 farms) ...... 31,607 (in 137,174 farms) ...... 38,219 Quintana Roo ...... 29,179 (in 38 farms) ...... 137,174 (in 13,450 farms) ...... 166,353 Sonora ...... 2,536,000 (in 174 farms) ...... 200 (unknown farms) ...... 2,536,200 Yucatan ...... 500,000 (in 252 farms) ...... 82,672 (in 8,786 farms) ...... 582,672 Sum of four States ...... 3,071,791 ...... 251,653 ...... 3,323,444 Mexico ...... 25,736,000 (pig crop + beginning stocks) in both commercial and backyard operations Source: Risk Assessments of Importing Pork into the United States from the Mexican States of Campeche, Quintana Roo, Sonora, and Yuca- tan; Risk Analysis Systems, PPD, APHIS, USDA.

This rulemaking is also unlikely to these commodities from Campeche, Between 2000 and 2002, Mexico have a significant effect on U.S. pork Quintana Roo, Sonora, and Yucatan. imported between 130,000 and 325,000 and pork products markets because, as The United States is a net exporter of metric tons and exported between with live swine, the United States is pork, while Mexico, as indicated below 35,000 and 61,000 metric tons. unlikely to import large amounts of in tables 2 and 3, is a net importer.

TABLE 2.—MEXICAN PORK PRODUCTION AND IMPORTS [In metric tons]

2000–2002 Calendar year 2000 2001 2002 average

Production ...... 1,035,000 1,057,000 1,085,000 1,059,000 Imports ...... 130,000 150,000 325,000 201,667

Total supply ...... 1,165,000 1,207,000 1,410,000 1,260,667 Source: USDA, FAS, GAIN Report # MX4014, Mexico, Livestock and Products, Semiannual Reports 2001 and 2004.

TABLE 3.—MEXICAN PORK CONSUMPTION AND EXPORTS [In metric tons]

2000–2002 Calendar year 2000 2001 2002 average

Exports ...... 35,000 40,000 61,000 45,333 Domestic consumption ...... 1,130,000 1,167,000 1,349,000 1,215,333

Total demand ...... 1,165,000 1,207,000 1,410,000 1,260,667 Source: USDA, FAS, GAIN Report # MX4014, Mexico, Livestock and Products, Semiannual Reports 2001 and 2004.

Economic Impact on Small Entities Roo, Sonora, and Yucatan free of CSF Agricultural operations with $750,000 The Regulatory Flexibility Act are pork producers. or less in annual receipts are considered requires that agencies consider the According to the 1997 Agricultural small entities, according to the Small economic impact of their rules on small Census, there were about 102,106 hog Business Administration (SBA) size entities. The domestic entities most and pig farms in the United States in criteria. likely to be affected by our declaring the that year, of which 93 percent received We do not expect that U.S. hog Mexican States of Campeche, Quintana $750,000 or less in annual revenues. producers, U.S. exporters of live hogs,

1 Agricultural Outlook, Aug. 2002, p.47.

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or U.S. exporters of pork and pork Sinaloa’’ and adding the words agencies’’) are adopting, in final form, products, small or otherwise, will be ‘‘Campeche, Chihuahua, Quintana Roo, without change, the joint interim rule affected significantly by this final rule. Sinaloa, Sonora, and Yucatan’’ in their that was published for comment in the This is because, for the reasons place. Federal Register on July 8, 2004. This discussed above, the amount of live joint final rule conforms our regulations swine, pork, other pork products, and § 94.21 [Removed and Reserved] implementing the Community swine semen imported into the United I 4. Section 94.21 is removed and Reinvestment Act (CRA) to changes in: States from the Mexican States of reserved. the Standards for Defining Metropolitan Sonora, Yucatan, Campeche, and and Micropolitan Statistical Areas § 94.25 [Amended] Quintana Roo is likely to be small. published by the U.S. Office of Under these circumstances, the I 5. In § 94.25, paragraph (a) is amended Management and Budget (OMB) in Administrator of the Animal and Plant by removing the words ‘‘Chihuahua, and December 2000; census tracts Health Inspection Service has Sinaloa’’ and adding the words designated by the U.S. Census Bureau determined that this action will not ‘‘Campeche, Chihuahua, Quintana Roo, (Census); and the Board’s Regulation C, have a significant economic impact on Sinaloa, Sonora, and Yucatan’’ in their which implements the Home Mortgage a substantial number of small entities. place. Disclosure Act (HMDA). The joint final rule also makes a technical correction to Executive Order 12988 Done in Washington, DC, this 22nd day of March 2005. a cross-reference within our CRA This final rule has been reviewed W. Ron DeHaven, regulations. This joint final rule does under Executive Order 12988, Civil Administrator, Animal and Plant Health not make substantive changes to the Justice Reform. This rule: (1) Preempts Inspection Service. requirements of the CRA regulations, all State and local laws and regulations [FR Doc. 05–6028 Filed 3–25–05; 8:45 am] and it is identical to the joint interim that are inconsistent with this rule; (2) BILLING CODE 3410–34–P final rule adopted by the agencies. has no retroactive effect; and (3) does DATES: This joint final rule is effective not require administrative proceedings on March 28, 2005. before parties may file suit in court DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: challenging this rule. OCC: Karen Tucker, National Bank Paperwork Reduction Act Office of the Comptroller of the Examiner, Compliance Policy Division, Currency This final rule contains no new (202) 874–4428; Margaret Hesse, Special Counsel, Community and Consumer information collection or recordkeeping 12 CFR Part 25 requirements under the Paperwork Law Division, (202) 874–5750; or Reduction Act of 1995 (44 U.S.C. 3501 [Docket No. 05–06] Patrick T. Tierney, Attorney, Legislative et seq.). and Regulatory Activities Division, RIN 1557–AC86 (202) 874–5090, Office of the List of Subjects in 9 CFR Part 94 Comptroller of the Currency, 250 E FEDERAL RESERVE SYSTEM Animal diseases, Imports, Livestock, Street, SW., Washington, DC 20219. Board: William T. Coffey, Senior Meat and meat products, Milk, Poultry 12 CFR Part 228 and poultry products, Reporting and Review Examiner, (202) 452–3946; recordkeeping requirements. [Regulation BB; Docket No. R–1205] Catherine M.J. Gates, Oversight Team Leader, (202) 452–3946; Kathleen C. I Accordingly, we are amending 9 CFR FEDERAL DEPOSIT INSURANCE Ryan, Counsel, (202) 452–3667; or Dan part 94 as follows: CORPORATION S. Sokolov, Senior Attorney, (202) 452– 2412, Division of Consumer and PART 94—RINDERPEST, FOOT-AND- 12 CFR Part 345 MOUTH DISEASE, FOWL PEST (FOWL Community Affairs, Board of Governors PLAGUE), EXOTIC NEWCASTLE RIN 3064–AC82 of the Federal Reserve System, 20th DISEASE, AFRICAN SWINE FEVER, Street and Constitution Avenue, NW., CLASSICAL SWINE FEVER, AND DEPARTMENT OF THE TREASURY Washington, DC 20551. BOVINE SPONGIFORM FDIC: Pamela Freeman, Policy ENCEPHALOPATHY: PROHIBITED Office of Thrift Supervision Analyst, (202) 898–6568, Division of AND RESTRICTED IMPORTATIONS Supervision and Consumer Protection; 12 CFR Part 563e Susan van den Toorn, Counsel, (202) I 1. The authority citation for part 94 [No. 2005–06] 898–8707; or Richard M. Schwartz, continues to read as follows: Counsel, (202) 898–7424, Legal RIN 1550–AB91 Authority: 7 U.S.C. 450, 7701–7772, and Division, Federal Deposit Insurance Corporation, 550 17th Street, NW., 8301–8317; 21 U.S.C. 136 and 136a; 31 Community Reinvestment Act U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. Washington, DC 20429. Regulations OTS: Celeste Anderson, Project § 94.9 [Amended] AGENCIES: Office of the Comptroller of Manager, Compliance Policy, (202) 906– I 2. In § 94.9, paragraph (a) is amended the Currency, Treasury (OCC); Board of 7990; or Richard Bennett, Counsel, by removing the words ‘‘Chihuahua, and Governors of the Federal Reserve Regulations and Legislation Division, Sinaloa’’ and adding the words System (Board); Federal Deposit (202) 906–7409, Office of Thrift ‘‘Campeche, Chihuahua, Quintana Roo, Insurance Corporation (FDIC); and Supervision, 1700 G Street, NW., Sinaloa, Sonora, and Yucatan’’ in their Office of Thrift Supervision, Treasury Washington, DC 20552. place. (OTS). SUPPLEMENTARY INFORMATION: § 94.10 [Amended] ACTION: Joint final rule. Introduction I 3. In § 94.10, paragraph (a) is amended SUMMARY: The OCC, Board, FDIC, and On July 8, 2004, the agencies by removing the words ‘‘Chihuahua, and OTS (collectively, ‘‘we’’ or ‘‘the published a joint interim rule with

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request for comment in the Federal OMB no longer uses. The revised 228.12(s), 345.12(s), and 563e.12(r)).3 In Register (69 FR 41181) that amended definition of ‘‘MSA’’ refers only to a related matter, the joint interim rule our regulations implementing the CRA metropolitan statistical areas, as defined changed the agency-prepared annual (12 U.S.C. 2901 et seq.). The joint by OMB (12 CFR 25.12(r), 228.12(r), aggregate disclosure statements to interim rule conformed the agencies’ 345.12(r), and 563e.12(q)). include a statement for the CRA regulations to recent actions of We added a definition of ‘‘nonmetropolitan portion of each state’’ 1 rather than the ‘‘non-MSA portion of OMB, Census, and the Board. Together, ‘‘metropolitan division’’ in the joint each state,’’ which was the language the agencies received nine discrete interim rule because in certain large comments: six from community prior to the change, to ensure consistent MSAs, OMB has delineated organizations, two from financial terminology throughout the regulation. ‘‘metropolitan divisions,’’ which are the institutions, and one from an industry See 12 CFR 25.42(i), 228.42(i), 345.42(i), statistical areas for which the agencies trade organization. and 563e.42(i). have determined that CRA data are to be Some community organizations Summary of Changes Made by the Joint reported, median family income is to be commented that financial institutions Interim Rule and Comments Received calculated, and within which an should be required to designate an Changes Resulting From OMB Revisions institution’s CRA performance is to be assessment area consisting of an entire evaluated (12 CFR 25.12(q), 228.12(q), MSA, rather than having the option to OMB updates its standards for 345.12(q) and 563e.12(p)). designate an assessment area limited to defining statistical areas approximately one or more metropolitan divisions every 10 years. The agencies’ CRA Next, the joint interim rule clarified that an institution may designate an within an MSA. They were concerned regulations use OMB’s standards for that the option to choose a metropolitan defining metropolitan areas for purposes assessment area that includes one or more metropolitan divisions within a division would allow institutions to of CRA data collection and reporting, exclude from their assessment area(s) and for delineating institutions’ large MSA (12 CFR 25.41, 228.41, 345.41, and 563e.41), just as an the urban areas in the Detroit-Livonia- assessment area(s). Under OMB’s 1990 Warren MSA, and in other large MSAs standards, metropolitan areas consisted institution previously could have designated an assessment area that that are divided into metropolitan of: (1) metropolitan statistical areas divisions. As discussed in the (MSAs) and (2) larger consolidated included one or more PMSAs. Although the agencies’ regulations prior to supplementary information section of metropolitan statistical areas (CMSAs). the joint interim rule, OMB’s boundaries These CMSAs consisted of primary publication of the joint interim rule allowed an institution to delineate an cause some census tracts in the Detroit- metropolitan statistical areas (PMSAs). Livonia-Dearborn Metropolitan Division In 2000, OMB adopted new Standards entire CMSA as an assessment area, (which consists only of Wayne County for Defining Metropolitan and examiners evaluated CRA performance and represents the urban center of Micropolitan Statistical Areas, which at the PMSA level using PMSA income Detroit) to change classification from replaced OMB’s 1990 standards. 65 FR data. The joint interim rule’s moderate-to middle-income, while some 82228 (Dec. 27, 2000). The 2000 supplementary information section census tracts in the suburban Warren- standards retain the basic concept of an explained that examiners similarly will Farmington Hills-Troy Metropolitan MSA (an area with at least 50,000 evaluate CRA performance at the Division change classification from population), but divided MSAs having a metropolitan division level in those middle-to moderate-income. 69 FR single core with a population of at least MSAs that are divided into metropolitan 41183 (July 8, 2004). The commenters 2.5 million into ‘‘metropolitan divisions, even if the institution argued that institutions will be divisions.’’ OMB directed all agencies delineates an assessment area of more encouraged by these changes to exercise that conduct statistical activities to than one metropolitan division, an their option to include only the collect and publish data for MSAs using entire MSA, or more than one suburban metropolitan division(s) in the most recent definition of the area.2 contiguous MSA. their assessment area(s). The joint interim rule made several Prior to the adoption of the joint The agencies have carefully changes to the CRA regulations to interim rule, 12 CFR 25.41(e)(4), considered the commenters’ concern. incorporate OMB’s new standards and 228.41(e)(4), 345.41(e)(4), and However, for the following reasons, we definitions. 563e.41(e)(4) stated that an assessment are not adopting the suggested change. The joint interim rule removed the area ‘‘[m]ay not extend substantially The change advocated by the definition of ‘‘CMSA’’ and all references beyond a CMSA boundary * * *.’’ The commenters would represent a to CMSAs because OMB no longer uses joint interim rule changed these significant departure from the CRA that term. As discussed below, where provisions to replace ‘‘CMSA’’ with regulations regarding assessment area the regulations referred to CMSAs, the ‘‘MSA’’ to conform the terminology to delineation, which allow institutions to joint interim rule replaced ‘‘CMSA’’ the new OMB area standards. The delineate assessment areas smaller or with ‘‘MSA.’’ regulations still allow an institution to larger than an entire MSA, if certain The joint interim rule revised the delineate an assessment area consisting conditions are met. Under the 1995 CRA definition of ‘‘MSA’’ to remove the of more than one contiguous MSA. See regulations, an assessment area can be reference to PMSA, another term that 12 CFR 25.41(c)(1), 228.41(c)(1), as small as the census tracts in which 345.41(c)(1), and 563e.41(c)(1). The the institution has its main office, its 1 The joint rulemaking is not related to the agencies’ comprehensive review of the CRA border of such an assessment area, branches, and its deposit-taking ATMs; regulations and the proposed revisions to the however, may not extend substantially regulations that were published for comment on beyond the boundaries of the MSAs in 3 As we noted in the supplementary information February 6, 2004, at 69 FR 5729. the assessment area. section of the joint interim rule, a ‘‘micropolitan 2 See OMB Bulletin No. 03–04 (June 6, 2003), statistical area’’ is a new statistical area, defined by available at http://www.whitehouse.gov/omb/ Finally, the joint interim rule added a OMB in 2000, that is a ‘‘nonmetropolitan area.’’ 69 bulletins/b03–04.html and OMB Bulletin No. 04–03 new definition of ‘‘nonmetropolitan FR at 41184. A micropolitan statistical area is a (Feb. 18, 2004), available at http:// area,’’ which is any area that is not ‘‘core-based statistical area’’ (as is an MSA), and has www.whitehouse.gov/omb/bulletins/fy04/b04– at least one urban cluster that has a population of 03.html. included in an MSA (12 CFR 25.12(s), at least 10,000, but less than 50,000.

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or a political subdivision such as a city, neighborhoods.8 If an institution in with ‘‘CSA’’ (combined statistical area), county, or town; or it could consist of Detroit, or another MSA, changes its another new area standard that OMB a single PMSA, an entire MSA, or a assessment area(s) to exclude urban adopted in 2000. The agencies believe CMSA, if the conditions are met.4 One areas, examiners will look at factors that it may be appropriate for some of the conditions has been, and such as income levels inside and institutions to delineate an assessment continues to be, that the area designated outside an institution’s assessment area, area based on a CSA. The agencies have does not arbitrarily exclude low-or the institution’s size, financial not, however, made the suggested moderate-income geographies or reflect condition, where it lends, and its change to the regulation because a CSA illegal discrimination.5 Further, the business strategy to determine whether is not the direct equivalent of a CMSA regulations allow, and continue to the institution is engaging in redlining.9 under the 1990 standards. A CMSA was allow, institutions to delineate Further, in the service test, examiners an MSA with a population of at least 1 assessment areas smaller than an entire consider branch distribution among million; in contrast, a CSA may be much MSA. An institution can delineate geographies of different income smaller or much larger than a CMSA in assessment areas that are political categories and branch closings, population. For example, a CSA may subdivisions and may even adjust the particularly in low- and moderate- consist of two Micropolitan Statistical boundaries of its assessment areas to income geographies. Examination staffs Areas. The Micropolitan Statistical Area include only the portion of a political at all of the agencies are aware of the is a new statistical unit introduced in subdivision that it reasonably can be new OMB boundaries and the potential the 2000 standards and consists of an expected to serve. An adjustment is impact on income level classifications. area with a population between 10,000 particularly appropriate in the case of The agencies believe that these and 49,999. On the other hand, a CSA an assessment area that otherwise provisions are sufficient to prevent may be quite populous; it may consist would be extremely large, of unusual institutions from inappropriately of three or more MSAs and multiple configuration, or divided by significant redrawing their assessment areas to Micropolitan Statistical Areas. 6 geographic barriers. Requiring exclude urban metropolitan divisions. Therefore, the agencies believe that institutions to delineate assessment Finally, the agencies do not believe whether an assessment area should areas no smaller than an entire MSA that the joint final rule will result in consist of a CSA is best left to each may be unreasonable for institutions wholesale redlining of urban Detroit as institution, considering its size, that have delineated smaller assessment commenters suggested. Data from 2003 business strategy, capacity, and areas based on their institutional size, on the branch locations and assessment constraints, and subject to review by the capacity, and business strategy. area(s) of the 32 institutions in Detroit appropriate Federal financial institution Unusual assessment area concerns, that were deemed ‘‘large’’ for CRA supervisory agency. Further, if an such as those presented by the Detroit- purposes suggest that a substantial institution designates an assessment Livonia-Warren MSA, can be better majority of those institutions would not area that consists of a CSA that includes addressed by examiners on a case-by- exclude the urban metropolitan division an MSA and a Micropolitan Statistical case basis, using the current CRA from their assessment area(s). Area, the examiner must separately regulations and examination Specifically, 20 of the large institutions evaluate performance in the MSA and procedures.7 The CRA regulations in Detroit had at least one branch in the Micropolitan Statistical Area (i.e., continue to prohibit delineating Wayne County. Of the 20 institutions, the nonmetropolitan area) because each assessment areas that reflect illegal 16 had assessment areas that included of these areas has a distinct median discrimination or that arbitrarily Wayne County and the suburban family income. exclude low-or moderate-income counties, and had branches in both Wayne County and the suburban For the reasons set forth above, the 4 See 12 CFR 25.41(c) & (d), 228.41(c) & (d), counties. Three institutions had agencies are adopting as final the 345.41(c) & (d), and 563e.41(c) & (d) in effect prior assessment areas and branches only in provisions conforming our regulations to the changes adopted by the joint interim rule; see to OMB’s statistical area changes as they also Interagency Questions and Answers Regarding Wayne County, and one had assessment Community Reinvestment, 66 FR 36620, 36640–41 areas that included both Wayne County were published in the joint interim rule. (July 12, 2001) (hereinafter Qs and As) (questions and the suburban counties, but had and answers addressing § _.41(c) & (d)). Changes Resulting From Census 5 12 CFR 25.41(e)(2) & (3), 228.41(e)(2) & (3), branches only in Wayne County. Thus, Revisions 345.41(e)(2) & (3), and 563e.41(e)(2) & (3). Redlining those institutions cannot entirely violates the Equal Credit Opportunity Act, 15 U.S.C. exclude the Detroit-Livonia-Dearborn Prior to the joint interim rule, the 1691 et seq., and the Fair Housing Act, 42 U.S.C. Metropolitan Division from their CRA regulations defined the term 3601 et seq. Evidence of discriminatory credit 10 practices adversely affects an agency’s evaluation of assessment area(s). ‘‘geography’’ as ‘‘a census tract or a an institution’s performance under the CRA. 12 CFR One financial institution commenter block numbering area delineated by the 25.28(c), 228.28(c), 345.28(c), and 563e.28(c). suggested that, rather than replacing the United States Bureau of the Census in 6 12 CFR 25.41(d), 228.41(d), 345.41(d), and term ‘‘CMSA’’ with ‘‘MSA’’, the the most recent decennial census.’’ 563e.41(d). See also Qs and As at 66 FR 36641 agencies should have replaced ‘‘CMSA’’ Beginning with Census 2000, the U.S. (question and answer § _.41(d)–1 (Adjustments to Geographic Area(s))). Census Bureau assigned census tracts in 7 As noted in the supplementary information 8 12 CFR 25.41(e)(3), 228.41(e)(3), 345.41(e)(3), all counties, making block numbering section of the joint interim rule, many of the 11 and 563e.41(e)(3). areas unnecessary.11 Therefore, in the 9 MSAs that were subdivided into metropolitan See Qs and As at 66 FR 36641 (particularly joint interim rule, we changed the divisions experienced no or negligible change in questions and answers § _.41(d)–1 (Adjustments to census tract income level classification because of Geographic Area(s)) and § _.41(e)(3)–1 (May Not regulations’ definition of ‘‘geography’’ to the OMB changes, based on Board staff estimates. Arbitrarily Exclude Low-or Moderate-Income omit the term ‘‘block numbering area’’ For example, in the following MSAs, 0 percent to Geographies)). (12 CFR 25.12(k), 228.12(k), 345.12(k), 0.05 percent of census tracts changed from either 10 One additional institution included Wayne and 563e.12(j)). moderate-income to middle-income, or from County in its assessment area and had branches middle-income to moderate-income, as a result of only in the suburban Detroit counties. Eleven OMB’s boundaries: Dallas-Fort Worth-Arlington; institutions had branches and assessment area(s) 11 See, e.g., U.S. Census Bureau, Geographic Los Angeles-Long Beach-Santa Ana; Miami-Ft. only in the suburban counties that make up the Terms and Concepts (definition of ‘‘census tract’’) Lauderdale-Miami Beach; San Francisco-Oakland- Warren-Farmington Hills-Troy Metropolitan available at http://www.census.gov/geo/www/tiger/ Fremont; and Seattle-Tacoma-Bellevue. Division. glossry2.html#CensusTract.

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The agencies did not receive any regulation to address the commenters’ written. For example, some of the comments addressing this change. suggestion. The suggested change would statistical areas referenced in the Accordingly, the agencies are adopting likely increase the data collection and previous regulations no longer exist. the change based on Census revisions reporting burden for financial Effective Date without modification. We are adopting institutions, without increasing the this change as final as it was published effectiveness of CRA examinations. As The Administrative Procedure Act in the joint interim rule. stated in the supplementary information provides that, subject to several to the joint interim rule, the agencies do exceptions, a substantive rule may not Changes Resulting From Revisions to not anticipate that ‘‘double-reported’’ be made effective until 30 days after the Board’s Regulation C loans will be so numerous as to affect publication in the Federal Register. 5 Prior to the joint interim rule, the the typical institution’s CRA rating. In U.S.C. 553(d). However, an agency may CRA regulations defined a ‘‘home the event that an institution reports a make a rule immediately effective upon mortgage loan’’ to mean a ‘‘home significant number or amount of loans publication if the agency finds good improvement loan’’ or a ‘‘home as both home mortgage and small cause for doing so and publishes its purchase loan’’ as defined in the business or farm loans, examiners will findings with the rule. Likewise, section regulations implementing the Home consider that overlap in evaluating the 302 of the Riegle Community Mortgage Disclosure Act (12 CFR part institution’s performance. Development and Regulatory 203). The interagency CRA guidance Accordingly, the agencies are Improvement Act of 1994 (CDRI), Public that we published clarified that this adopting the change based on the Law 103–325, authorizes a banking definition of ‘‘home mortgage loan’’ also Board’s Regulation C revisions without agency to issue a rule to be effective included refinancings of home modification. We are adopting this before the first day of the calendar improvement and home purchase change as it was published in the joint quarter that begins on or after the date loans.12 interim rule. on which the regulations are published The Board substantially revised the Technical Correction in final form if the agency finds good HMDA regulation (Regulation C) in cause for an earlier effective date. 12 2002, effective January 1, 2004.13 The joint interim rule also corrected U.S.C. 4802(b)(1)(B). Revised Regulation C defined the term, an error in the cross-reference found in As described in the supplementary ‘‘refinancing,’’ so that a loan is 12 CFR 25.27(g)(1), 228.27(g)(1), information section of the joint interim reportable as a refinancing if it satisfies 345.27(g)(1), and 563e.27(g)(1). Those rule, the agencies found good cause to and replaces an existing obligation, and provisions, which address the time for dispense with the 30-day delayed both the new and the existing obligation an agency’s decision following receipt effective date pursuant to 5 U.S.C. are secured by a lien on a dwelling. 12 of a completed strategic plan, previously 553(d)(3). The agencies also determined CFR 203.2(k). As a result of the referred the reader to paragraph (d) of 12 that good cause existed to adopt an revisions to Regulation C, we changed CFR 25.27, 228.27, 345.27, or 563e.27, effective date that is before the first day the definition of ‘‘home mortgage loan,’’ respectively, for a description of the of the calendar quarter that begins on or found at 12 CFR 25.12(l), 228.12(l), materials that had to be included with after the date on which the regulation is 345.12(l), and 563e.12(k), to include a strategic plan submission. This published, as would otherwise be refinancings, as well as home purchase information is found instead in required by section 302 of the CDRI (12 loans and home improvement loans, as paragraph (e) of 12 CFR 25.27, 228.27, U.S.C. 4802(b)(1)(B)). The joint interim defined in the Board’s regulations at 12 345.27, or 563e.27. Therefore, we rule became effective upon publication CFR 203.2. corrected the cross-references in 12 CFR because financial institutions must use As we noted in the supplementary 25.27(g)(1), 228.27(g)(1), 345.27(g)(1), the new statistical area standards and information section of the joint interim and 563e.27(g)(1) to refer to paragraph definitions when adjusting assessment rule, because of the change in the (e) of 12 CFR 25.27, 228.27, 345.27, and area delineations and collecting loan Regulation C definition, loans to 563e.27, respectively. data during calendar year 2004 The agencies did not receive any refinance small business or small farm (beginning with loans made as of comments addressing this technical loans, where a dwelling continues to January 1, 2004) for reporting by March correction. Accordingly, the agencies serve as collateral solely through an 1, 2005. The changes adopted in the are adopting the technical correction abundance of caution, will now be joint interim rule merely conformed our that was published in the joint interim reportable as refinancings under CRA regulations to recent changes by rule as final without modification. Regulation C. Those loans will also be OMB, Census, and the Board and reportable for Call Report and Thrift General Comment corrected a cross-reference—they were Financial Report purposes as small A financial industry trade association not substantive. That reasoning also business or small farm loans, resulting commented that inasmuch as the applies to the joint final rule, which is in the potential for ‘‘double counting’’ of changes to the CRA regulations are identical to the joint interim rule. these loans in CRA examinations. See designed to coordinate the CRA rules Accordingly, the agencies conclude that 69 FR 41184–85. with existing regulatory changes, it does it is unnecessary and contrary to public Two community organization not object to the revisions. However, the interest to delay the effective date of this commenters asserted that our CRA commenter pointed out that these types joint final rule. regulations should prohibit such double of changes add to the regulatory burden Regulatory Analysis reporting of small business loans and for the small community bank. The small farm loans secured by residential agencies are aware that many regulatory Paperwork Reduction Act real estate for purposes of CRA. The changes impact regulated entities in There are no information collection agencies are not changing the CRA some manner. However, the changes requirements in this joint final rule. made by the joint interim rule and this 12 See Qs and As at 66 FR 36628 (July 12, 2001) Regulatory Flexibility Act (question and answer §§ _.12(m) & 563e.12(l)–1). joint final rule are necessary because 13 67 FR 7222 (Feb. 15, 2002); 67 FR 30771 (May institutions could not have complied Pursuant to section 605(b) of the 8, 2002). with the regulations as previously Regulatory Flexibility Act (5 U.S.C.

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605(b)), the OCC, Board, FDIC, and OTS OCC Executive Order 13132 is adopted as a joint final rule without hereby certify that this joint final rule Determination change. will not have a significant economic The OCC has determined that this Department of the Treasury impact on a substantial number of small joint final rule does not have any entities. The agencies expect that this Federalism implications, as required by Office of Thrift Supervision joint final rule will not have significant Executive Order 13132. 12 CFR Chapter V secondary or incidental effects on a substantial number of small entities or List of Subjects PART 563e—COMMUNITY create any additional burden on small 12 CFR Part 25 REINVESTMENT entities. This joint final rule merely confirms that the joint interim rule, Community development, Credit, I Accordingly, the joint interim rule which made a technical correction and Investments, National banks, Reporting amending 12 CFR part 563e, which was conformed terminology in the current and recordkeeping requirements. published at 69 FR 41181 on July 8, 2004, CRA regulations to terms and 12 CFR Part 228 is adopted as a joint final rule without definitions already adopted by OMB, change. Banks, Banking, Community Census, and the Board, is final. development, Credit, Investments, Dated: February 14, 2005. Accordingly, a regulatory flexibility Reporting and recordkeeping Julie L. Williams, analysis is not required. requirements. Acting Comptroller of the Currency. OCC and OTS Executive Order 12866 12 CFR Part 345 By order of the Board of Governors of the Determinations Federal Reserve System, March 2, 2005. Banks, Banking, Community Jennifer J. Johnson, The OCC and the OTS have development, Credit, Investments, determined that this joint final rule is Reporting and recordkeeping Secretary of the Board. not a significant regulatory action as requirements. Dated: March 18, 2005. defined in Executive Order 12866. By Order of the Board of Directors of the 12 CFR Part 563e Federal Deposit Insurance Corporation. OCC and OTS Unfunded Mandates Reform Act of 1995 Determinations Community development, Credit, Robert E. Feldman, Investments, Reporting and Executive Secretary. Section 202 of the Unfunded recordkeeping requirements, Savings Dated: February 11, 2005. Mandates Reform Act of 1995 associations. By the Office of Thrift Supervision. (Unfunded Mandates Act) (2 U.S.C. Department of the Treasury James E. Gilleran, 1532) requires that covered agencies Director. prepare a budgetary impact statement Office of the Comptroller of the before promulgating a rule that includes Currency [FR Doc. 05–5983 Filed 3–25–05; 8:45 am] any Federal mandate that may result in BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P; 12 CFR Chapter I 6720–01–P the expenditure by State, local, and tribal governments, in the aggregate, or PART 25—COMMUNITY by the private sector, of $100 million or REINVESTMENT ACT AND DEPARTMENT OF TRANSPORTATION more in any one year. If a budgetary INTERSTATE DEPOSIT PRODUCTION impact statement is required, section REGULATIONS Federal Aviation Administration 205 of the Unfunded Mandates Act also requires covered agencies to identify I Accordingly, the joint interim rule 14 CFR Part 39 and consider a reasonable number of amending 12 CFR part 25, which was regulatory alternatives before published at 69 FR 41181 on July 8, 2004, [Docket No. FAA–2004–19757; Directorate promulgating a rule. The OCC and OTS Identifier 2001–NM–273–AD; Amendment is adopted as a joint final rule without 39–14024; AD 2005–06–04] have determined that this joint final rule change. will not result in expenditures by State, RIN 2120–AA64 local, and tribal governments, or by the Board of Governors of the Federal private sector, of $100 million or more Reserve System Airworthiness Directives; British in any one year. Accordingly, neither 12 CFR Chapter II Aerospace Model BAe 146 and Model agency has prepared a budgetary impact Avro 146–RJ Series Airplanes PART 228—COMMUNITY statement or specifically addressed the AGENCY: Federal Aviation regulatory alternatives considered. REINVESTMENT (REGULATION BB) Administration (FAA), Department of The Treasury and General Government I Accordingly, the joint interim rule Transportation (DOT). Appropriations Act, 1999—Assessment amending 12 CFR part 228, which was ACTION: Final rule. of Impact of Federal Regulation on published at 69 FR 41181 on July 8, 2004, SUMMARY: Families The FAA is superseding an is adopted as a joint final rule without existing airworthiness directive (AD), The FDIC has determined that this change. which applies to certain British joint final rule will not affect family Federal Deposit Insurance Corporation Aerospace Model BAe 146 and Model well-being within the meaning of Avro 146–RJ series airplanes. That AD 12 CFR Chapter III section 654 of the Treasury and General currently requires a one-time Government Appropriations Act, PART 345—COMMUNITY measurement of the thickness of the enacted as part of the Omnibus REINVESTMENT outer links on the side stays of the main Consolidated and Emergency landing gear (MLG), and related Supplemental Appropriations Act of I Accordingly, the joint interim rule investigative and corrective actions as 1999, Public Law 105–277 (5 U.S.C. 601 amending 12 CFR part 345, which was necessary; and provides for replacement note). published at 69 FR 41181 on July 8, 2004, of a thin outer link with a new or

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serviceable part in lieu of certain related Transport Airplane Directorate, 1601 typographical error to eliminate any investigative inspections. This new AD Lind Avenue, SW., Renton, Washington confusion to anyone who reads the requires repetitive inspections for 98055–4056; telephone (425) 227–1175; proposed AD. cracking of the outer links on the MLG fax (425) 227–1149. We agree with the commenter’s side stays, and corrective actions if SUPPLEMENTARY INFORMATION: The FAA concern and acknowledge that the necessary. This new action also expands proposed to amend part 39 of the typographical error did appear in the the applicability, provides for optional Federal Aviation Regulations (14 CFR published versions of the proposed AD. terminating action for the repetitive part 39) with an AD to supersede AD The Secondary Service Information inspections, and reduces the repetitive 99–17–12, amendment 39–11260 (64 FR table is not restated in this AD, so no inspection interval. This AD is 45870, August 23, 1999). The existing change is possible regarding this issue. prompted by new crack findings on AD applies to certain British Aerospace airplanes not subject to the existing AD, Model BAe 146 and Model Avro 146– Changes to This AD and the determination that the profile RJ series airplanes. The proposed AD In order to comply with the service gauge’s slipping over the outer link was published in the Federal Register information citation guidelines of the profile is not a factor in the identified on December 1, 2004 (69 FR 69829), to Office of the Federal Register, we have unsafe condition. We are issuing this require a one-time measurement of the revised Notes 2 and 3 of this AD. In AD to prevent cracking of the outer thickness of the outer links on the side Note 2 we changed the citation from links of the MLG side stays, which stays of the main landing gear (MLG), ‘‘BAE Inspection Service Bulletin could result in failure of a side stay and and related investigative and corrective ISB.32–156’’ to ‘‘BAE Systems consequent collapse of the landing gear. actions as necessary; and provides for (Operations) Limited Inspection Service DATES: This AD becomes effective May replacement of a thin outer link with a Bulletin ISB.32–156, Revision 1, dated 2, 2005. new or serviceable part in lieu of certain July 3, 2001.’’ In Note 3 we made that The incorporation by reference of a related investigative inspections. The same change; revised ‘‘32–162– certain publication listed in the AD is proposed AD also expanded the 70657CD’’ to ‘‘SB.32–162–70657C.D;’’ approved by the Director of the Federal applicability of the existing AD, clarified that Messier-Dowty Repair Register as of May 2, 2005. provided for optional terminating action Scheme 450187952 is included in ADDRESSES: For service information for the repetitive inspections, and Section 32–10–65 of the Messier-Dowty identified in this AD, contact British reduced the repetitive inspection 201105001 and 201105002 Component Aerospace Regional Aircraft American interval. Maintenance Manual, and Section 32– Support, 13850 Mclearen Road, Comments 10–73 of the Messier-Dowty 201299001 Herndon, Virginia 20171. We provided the public the and 201299002 Component Docket: The AD docket contains the opportunity to participate in the Maintenance Manual; and corrected the proposed AD, comments, and any final development of this AD. We have manufacturer name and document disposition. You can examine the AD considered the comment that has been number for SB.32–144. docket on the Internet at http:// submitted on the proposed AD. Conclusion dms.dot.gov, or in person at the Docket Management Facility office between 9 Request To Correct Typographical We have carefully reviewed the a.m. and 5 p.m., Monday through Error in Preamble available data, including the comment Friday, except Federal holidays. The The commenter recommends the that has been submitted, and Docket Management Facility office correction of a typographical error that determined that air safety and the (telephone (800) 647–5227) is located on appears in the Secondary Service public interest require adopting the AD the plaza level of the Nassif Building at Information table in the proposed AD. with the changes described previously. the U.S. Department of Transportation, (That table is included in the Relevant We have determined that these changes 400 Seventh Street, SW., room PL–401, Service Information section of the will neither increase the economic Washington, DC. This docket number is preamble of the proposed AD). The burden on any operator nor increase the FAA–2004–19757; the directorate commenter notes that one of the column scope of the AD. identifier for this docket is 2001–NM– headers references BAE Systems Costs of Compliance 273–AD. (Operations) Limited Inspection Service FOR FURTHER INFORMATION CONTACT: Bulletin ISB.32–1536, but that the The following table provides the Todd Thompson, Aerospace Engineer, correct citation is ISB.32–156. The estimated costs for U.S. operators to International Branch, ANM–116, FAA, commenter suggests correcting the comply with this proposed AD.

ESTIMATED COSTS

Average Number of Action Work hours hourly labor Parts Cost per airplane U.S.-registered Fleet cost rate airplanes

Inspection ...... 1 $65 None ...... $65, per inspection cycle 60 $3,900, per inspection cycle.

Authority for This Rulemaking Aviation Programs, describes in more ‘‘General requirements.’’ Under that detail the scope of the Agency’s section, Congress charges the FAA with Title 49 of the United States Code authority. promoting safe flight of civil aircraft in specifies the FAA’s authority to issue air commerce by prescribing regulations rules on aviation safety. Subtitle I, We are issuing this rulemaking under for practices, methods, and procedures Section 106, describes the authority of the authority described in Subtitle VII, the FAA Administrator. Subtitle VII, Part A, Subpart III, Section 44701, the Administrator finds necessary for

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safety in air commerce. This regulation Affected ADs dated May 29, 2001, as an additional source is within the scope of that authority (b) This AD supersedes AD 99–17–12, of service information for the inspection. because it addresses an unsafe condition amendment 39–11260 (64 FR 45870, August Optional Terminating Action that is likely to exist or develop on 23, 1999). products identified in this rulemaking (g) Relocation of each affected grease Applicability nipple to the upper surface of the outer link action. (c) This AD applies to Model BAe 146 and of the MLG side stays terminates the Regulatory Findings Avro 146–RJ series airplanes, certificated in repetitive inspection requirements of this any category, having any side stay identified AD, if the relocation action is done in We have determined that this AD will in Messier-Dowty Service Bulletin 146–32– accordance with paragraph 2.C. of the not have federalism implications under 147, dated May 29, 2001. Accomplishment Instructions of BAE Executive Order 13132. This AD will Systems (Operations) Limited Inspection Unsafe Condition not have a substantial direct effect on Service Bulletin ISB.32–156, Revision 1, dated July 3, 2001. the States, on the relationship between (d) This AD was prompted by new crack the national government and the States, findings on airplanes not subject to the Note 3: BAE Systems (Operations) Limited existing AD, and the determination that the Inspection Service Bulletin ISB.32–156, or on the distribution of power and profile gauge’s slipping over the outer link Revision 1, dated July 3, 2001; refers to BAE responsibilities among the various profile is not a factor in the identified unsafe Systems (Operations) Limited Modification levels of government. condition. We are issuing this AD to prevent Service Bulletin SB.32–162–70657C.D, dated For the reasons discussed above, I cracking of the outer links of the MLG side September 26, 2001; Messier-Dowty Repair certify that this AD: stays, which could result in failure of a side Scheme 450187952, included in Section 32– 10–65 of the Messier-Dowty 201105001 and (1) Is not a ‘‘significant regulatory stay and consequent collapse of the landing gear. 201105002 Component Maintenance Manual, action’’ under Executive Order 12866; and Section 32–10–73 of the Messier-Dowty (2) Is not a ‘‘significant rule’’ under Compliance 201299001 and 201299002 Component DOT Regulatory Policies and Procedures (e) You are responsible for having the Maintenance Manual; and British Aerospace (44 FR 11034, February 26, 1979); and actions required by this AD performed within Service Bulletin SB.32–144, dated December the compliance times specified, unless the 11, 1996; as additional sources of service (3) Will not have a significant actions have already been done. information for accomplishment of the economic impact, positive or negative, actions associated with the relocation on a substantial number of small entities Inspection specified in paragraph (g) of this AD. under the criteria of the Regulatory (f) At the applicable time specified in Flexibility Act. paragraph (f)(1) or (f)(2) of this AD: Perform Parts Installation We prepared a regulatory evaluation a detailed inspection for cracks of the outer (h) As of the effective date of this AD, no links on the MLG side stays, in accordance person may install on any airplane an MLG of the estimated costs to comply with with the Accomplishment Instructions of side stay having a part number identified in this AD. See the ADDRESSES section for BAE Systems (Operations) Limited paragraph 1.A. of Messier-Dowty Service a location to examine the regulatory Inspection Service Bulletin ISB.32–156, Bulletin 146–32–147, dated May 29, 2001, evaluation. Revision 1, dated July 3, 2001. Repair cracks unless that part has been inspected and all before further flight in accordance with the applicable related investigative and List of Subjects in 14 CFR Part 39 service bulletin. Thereafter, repeat the corrective actions have been performed in Air transportation, Aircraft, Aviation inspection at intervals not to exceed 2,000 accordance with the requirements of this AD. flight cycles, until the actions specified in safety, Incorporation by reference, Alternative Methods of Compliance paragraph (g) of this AD have been done. (AMOCs) Safety. Although the service bulletin specifies to Adoption of the Amendment report certain information to the (i) The Manager, International Branch, manufacturer, this AD does not require a ANM–116, Transport Airplane Directorate, I Accordingly, under the authority report. FAA, has the authority to approve AMOCs for this AD, if requested in accordance with delegated to me by the Administrator, (1) If the number of flight cycles accumulated on the side stay can be the procedures found in 14 CFR 39.19. the FAA amends 14 CFR part 39 as positively determined: Inspect before the Related Information follows: accumulation of 2,000 total flight cycles on the side stay, or within 500 flight cycles after (j) British airworthiness directive 004–05– PART 39—AIRWORTHINESS the effective date of this AD, whichever 2001 also addresses the subject of this AD. DIRECTIVES occurs later. Material Incorporated by Reference (2) If the number of flight cycles I 1. The authority citation for part 39 accumulated on the side stay cannot be (k) You must use BAE Systems continues to read as follows: positively determined: Inspect within 500 (Operations) Limited Inspection Service Bulletin ISB.32–156, Revision 1, dated July 3, Authority: 49 U.S.C. 106(g), 40113, 44701. flight cycles after the effective date of this AD. 2001, to perform the actions that are required § 39.13 [Amended] by this AD, unless the AD specifies Note 1: For the purposes of this AD, a otherwise. The Director of the Federal detailed inspection is: ‘‘An intensive I 2. The FAA amends § 39.13 by Register approves the incorporation by examination of a specific item, installation, reference of this document in accordance removing amendment 39–11260 (64 FR or assembly to detect damage, failure, or 45870, August 23, 1999), and by adding with 5 U.S.C. 552(a) and 1 CFR part 51. For irregularity. Available lighting is normally copies of the service information, contact the following new airworthiness supplemented with a direct source of good British Aerospace Regional Aircraft directive (AD): lighting at an intensity deemed appropriate. American Support, 13850 Mclearen Road, Inspection aids such as mirror, magnifying 2005–06–04 BAE Systems (Operations) Herndon, Virginia 20171. You may view the lenses, etc., may be necessary. Surface Limited (Formerly British Aerospace AD docket at the Docket Management cleaning and elaborate procedures may be Regional Aircraft): Amendment 39– Facility, U.S. Department of Transportation, required.’’ 14024. Docket No. FAA–2004–19757; 400 Seventh Street SW., room PL–401, Nassif Directorate Identifier 2001–NM–273–AD. Note 2: BAE Systems (Operations) Limited Building, Washington, DC. To review copies Inspection Service Bulletin ISB.32–156, of the service information, go to the National Effective Date Revision 1, dated July 3, 2001, refers to Archives and Records Administration (a) This AD becomes effective May 2, 2005. Messier-Dowty Service Bulletin 146–32–147, (NARA). For information on the availability

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of this material at the NARA, call (202) 741– ADDRESSES: Use one of the following airplane lost most of its rudder, which 6030, or go to http://www.archives.gov/ addresses to submit comments on this was made from composite-fiber- _ _ _ _ federal register/code of federal regulations/ AD. reinforced plastic (CFRP). Investigation ibr_locations.html. • DOT Docket Web site: Go to revealed that most of the rudder, Issued in Renton, Washington, on March http://dms.dot.gov and follow the including the front spar portion above 14, 2005. instructions for sending your comments the three servo control actuators was Ali Bahrami, electronically. missing. The cause of this rudder loss is • Manager, Transport Airplane Directorate, Government-wide rulemaking Web under investigation. This condition, if Aircraft Certification Service. site: Go to http://www.regulations.gov not corrected, could result in [FR Doc. 05–5575 Filed 3–25–05; 8:45 am] and follow the instructions for sending detachment of the rudder from the BILLING CODE 4910–13–P your comments electronically. • airplane, which could degrade airplane Mail: Docket Management Facility; handling qualities and result in reduced U.S. Department of Transportation, 400 controllability of the airplane. DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Nassif Building, room PL–401, Washington, DC 20590. Similar Airplane Models Federal Aviation Administration • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on A rudder having the same part 14 CFR Part 39 the plaza level of the Nassif Building, number as that installed on Model A310 400 Seventh Street, SW., Washington, series airplanes also is installed on [Docket No. FAA–2005–20748; Directorate DC, between 9 a.m. and 5 p.m., Monday Model A300–600 series airplanes. Identifier 2005–NM–063–AD; Amendment through Friday, except Federal holidays. Therefore, the latter airplanes are also 39–14031; AD 2005–07–07] For service information identified in subject to the identified unsafe this AD, contact Airbus, 1 Rond Point condition and are included in the RIN 2120–AA64 Maurice Bellonte, 31707 Blagnac Cedex, applicability of the U.S. AD. France. Airworthiness Directives; Airbus Model Further, a rudder having the same You can examine the contents of this A310 Series Airplanes; and Model part number is installed on early AD docket on the Internet at http:// A300 B4–600, B4–600R, and F4–600R versions of Model A330 and A340 series dms.dot.gov, or in person at the Docket Series Airplanes, and Model C4 605R airplanes. However, we have confirmed Management Facility, U.S. Department Variant F Airplanes (Collectively Called that the affected rudder is not installed of Transportation, 400 Seventh Street, A300–600) on any Model A330 series airplanes of SW., room PL–401, on the plaza level of U.S. registry. Additionally, there are no AGENCY: Federal Aviation the Nassif Building, Washington, DC. Model A340 series airplanes on the U.S. Administration (FAA), Department of This docket number is FAA–2005– Register. Transportation (DOT). 20748; the directorate identifier for this Relevant Service Information ACTION: Final rule; request for docket is 2005–NM–063–AD. comments. Examining the Docket Airbus has issued All Operators Telex SUMMARY: The FAA is adopting a new You can examine the AD docket on (AOT) A310A55–2035 (for A310 series airworthiness directive (AD) for certain the Internet at http://dms.dot.gov, or in airplanes) and AOT A300–600 55A6035 Airbus Model A310 series airplanes; person at the Docket Management (for A300–600 series airplanes), both and Model A300 B4–600, B4–600R, and Facility office between 9 a.m. and 5 dated March 16, 2005. The AOTs F4–600R series airplanes, and Model C4 p.m., Monday through Friday, except describe procedures for one-time 605R Variant F airplanes (collectively Federal holidays. The Docket general visual, detailed visual, and tap called A300–600). This AD requires Management Facility office (telephone test inspections for damage in the one-time general visual, detailed, and (800) 647–5227) is located on the plaza structural integrity of the rudder and its tap test inspections for discrepancies in level of the Nassif Building at the DOT attachments. The inspection procedures the structural integrity of the rudder and street address stated in the ADDRESSES include a general visual inspection for its attachments, and corrective actions if section. Comments will be available in damage of the rear spar aft face of the necessary. This AD is prompted by a the AD docket shortly after the DMS vertical stabilizer, including the trailing report that, during cruise, a Model A310 receives them. edge structure; a detailed visual series airplane lost most of its rudder, FOR FURTHER INFORMATION CONTACT: Tim inspection of the rudder hinge arms and which was made from composite-fiber- Backman, Aerospace Engineer, ANM– support fittings, the actuator support reinforced plastic. Investigation 116, International Branch, FAA, fittings and the rudder hinge fittings; revealed that most of the rudder, Transport Airplane Directorate, 1601 and a tap test inspection for damage of including the front spar portion above Lind Avenue, SW., Renton, Washington the rudder side panels of the leading the three servo control actuators was 98055–4056; telephone (425) 227–2797; edge from the bottom to top and the missing. We are issuing this AD to fax (425) 227–1149. forward trailing edge connection from prevent detachment of the rudder from SUPPLEMENTARY INFORMATION: The the bottom up to hinge No. 5 around the the airplane, which could degrade Direction Ge´ne´rale de l’Aviation Civile hoisting points and certain additional airplane handling qualities and result in (DGAC), which is the airworthiness areas. The AOTs also specify contacting reduced controllability of the airplane. authority for France, notified us that an the manufacturer for certain repair DATES: Effective March 28, 2005. unsafe condition may exist on certain conditions and reporting of inspection The incorporation by reference of Airbus Model A310 series airplanes; results. The DGAC mandated the service certain publications listed in the AD is and Model A300 B4–600, B4–600R, and information and issued French approved by the Director of the Federal F4–600R series airplanes, and Model C4 airworthiness directive UF–2005–048, Register as of March 28, 2005. 605R Variant F airplanes (collectively dated March 18, 2005, to ensure the We must receive comments on this called A300–600). The DGAC advises continued airworthiness of these AD by May 27, 2005. that, during cruise, a Model A310 series airplanes in France.

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FAA’s Determination and Requirements layers and debonding between the outer economic, environmental, and energy of This AD CFRP layers and the honeycomb core. aspects of the AD. We will consider all comments received by the closing date Clarification of Certain Sections in These airplane models are and may amend the AD in light of those Airbus A310 and A300–600 Structural manufactured in France and are type comments. certificated for operation in the United Repair Manuals We will post all comments we States under the provisions of section Although the French airworthiness receive, without change, to http:// 21.29 of the Federal Aviation directive and AOTs do not identify the dms.dot.gov, including any personal Regulations (14 CFR 21.29) and the sections in the SRMs that specify information you provide. We will also applicable bilateral airworthiness damage limits for the rudder post a report summarizing each agreement. Pursuant to this bilateral attachments and the rudder side panels, substantive verbal contact with FAA airworthiness agreement, the DGAC has those sections are specified in Note 3 of personnel concerning this AD. Using the kept the FAA informed of the situation this AD. search function of our docket Web site, described above. We have examined the anyone can find and read the comments DGAC’s findings, evaluated all pertinent Clarification of Inspection Terminology/AOT Number in any of our dockets, including the information, and determined that we name of the individual who sent the need to issue an AD for products of this In this AD, the ‘‘detailed visual comment (or signed the comment on type design that are certificated for inspection’’ specified in the AOTs is behalf of an association, business, labor operation in the United States. referred to as a ‘‘detailed inspection.’’ union, etc.). You can review the DOT’s Therefore, we are issuing this AD to We have included the definition for a complete Privacy Act Statement in the prevent detachment of the rudder from detailed inspection in a note in the AD. Federal Register published on April 11, the airplane, which could degrade The French airworthiness directive 2000 (65 FR 19477–78), or you can visit airplane handling qualities and result in identifies the AOT number for A310 http://dms.dot.gov. reduced controllability of the airplane. series airplanes as A310 55A2035; This AD requires accomplishing the however, the number is transposed in Authority for This Rulemaking actions specified in the service the AOT and identified as A310A55– Title 49 of the United States Code information described previously, 2035. This AD will identify the AOT specifies the FAA’s authority to issue except as discussed under ‘‘Differences number as A310A55–2035 to adhere to rules on aviation safety. Subtitle I, Between the AD and the Service the Office of the Federal Register Section 106, describes the authority of Information.’’ The AD also requires guidelines for materials incorporated by the FAA Administrator. Subtitle VII, sending the inspection results to Airbus, reference. Aviation Programs, describes in more regardless of the findings. Interim Action detail the scope of the Agency’s authority. Differences Among the AD, French This is considered to be interim We are issuing this rulemaking under Airworthiness Directive and Service action. The inspection report that is the authority described in Subtitle VII, Information required by this AD will enable the Part A, Subpart III, Section 44701, FAA, DGAC, and the manufacturer to Although the French airworthiness ‘‘General requirements.’’ Under that obtain better insight into the potential directive and the AOTs specify that section, Congress charges the FAA with unsafe condition, and eventually to operators may contact the manufacturer promoting safe flight of civil aircraft in develop final action to address it, if for certain repair conditions, this AD air commerce by prescribing regulations necessary. If final action is identified, requires operators to repair those for practices, methods, and procedures the FAA may consider further conditions per a method approved by the Administrator finds necessary for rulemaking. either the FAA or the DGAC (or its safety in air commerce. This regulation delegated agent). In light of the type of FAA’s Determination of the Effective is within the scope of that authority repair that would be required to address Date because it addresses an unsafe condition that is likely to exist or develop on the unsafe condition, and consistent An unsafe condition exists that with existing bilateral airworthiness products identified in this rulemaking requires the immediate adoption of this action. agreements, we have determined that, AD; therefore, providing notice and for this AD, a repair approved by either opportunity for public comment before Regulatory Findings the FAA or the DGAC (or its delegated the AD is issued is impracticable, and We have determined that this AD will agent) would be acceptable for good cause exists to make this AD not have federalism implications under compliance with this AD. effective upon publication in the Executive Order 13132. This AD will The French airworthiness directive Federal Register. not have a substantial direct effect on and AOTs specify inspecting the rudder Comments Invited the States, on the relationship between attachments and the rudder side panels the national government and the States, for damage and reporting findings to the This AD is a final rule that involves or on the distribution of power and manufacturer, but there is no definition requirements that affect flight safety and responsibilities among the various of the type of damage to inspect for or was not preceded by notice and an levels of government. findings to report. This AD requires opportunity for public comment; For the reasons discussed above, I inspecting for discrepancies in the however, we invite you to submit any certify that the regulation: structural integrity of the rudder and its relevant written data, views, or 1. Is not a ‘‘significant regulatory attachments. For the general visual and arguments regarding this AD. Send your action’’ under Executive Order 12866; detailed inspections, the discrepancies comments to an address listed under 2. Is not a ‘‘significant rule’’ under the to inspect for and report include ADDRESSES. Include ‘‘Docket No. FAA– DOT Regulatory Policies and Procedures corrosion, cracks, abrasion, scratches, 2005–20748; Directorate Identifier (44 FR 11034, February 26, 1979); and and dents. For the tap test, the 2005–NM–063–AD’’ at the beginning of 3. Will not have a significant discrepancies to inspect for and report your comments. We specifically invite economic impact, positive or negative, include delamination in the outer CFRP comments on the overall regulatory, on a substantial number of small entities

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under the criteria of the Regulatory discrepancies in the structural integrity of the Reporting Requirement Flexibility Act. rudder and its attachments, in accordance (i) Within 10 days after accomplishing all We prepared a regulatory evaluation with Airbus All Operators Telex (AOT) the inspections required by paragraph (f) of A310A55–2035 (for A310 series airplanes) of the estimated costs to comply with this AD: Submit Airbus Technical and Airbus AOT A300–600 55A6035 (for this AD. See the ADDRESSES section for Disposition 943.0267/05, Issue A, ‘‘CFRP a location to examine the regulatory A300–600 series airplanes), both dated March 16, 2005. For the one-time general Rudder—Inspection Reporting Sheets’’ with evaluation. visual and detailed inspections, the inspection results (both positive and List of Subjects in 14 CFR Part 39 discrepancies include corrosion, cracks, negative findings) to Airbus Customer abrasion, scratches, and dents. For the tap Service Engineering, Mr. X. Jolivet, SEE83, 1 Air transportation, Aircraft, Aviation test, discrepancies include delamination in Rond Point Maurice Bellonte, 31707 Blagnac safety, Incorporation by reference, the outer CFRP layers and debonding Cedex France; fax (+33) 5 61 93 36 14. Under Safety. between the outer CFRP layers and the the provisions of the Paperwork Reduction Adoption of the Amendment honeycomb core. Act of 1980 (44 U.S.C. 3501 et seq.), the Note 1: For the purposes of this AD, a Office of Management and Budget (OMB) has I Accordingly, under the authority general visual inspection is: ‘‘A visual approved the information collection delegated to me by the Administrator, examination of an interior or exterior area, requirements contained in this AD and has the FAA amends 14 CFR part 39 as installation, or assembly to detect obvious assigned OMB Control Number 2120–0056. follows: damage, failure, or irregularity. This level of Note 4: The reporting sheets referenced in inspection is made from within touching paragraph (j) of this AD will be provided by PART 39—AIRWORTHINESS distance unless otherwise specified. A mirror Airbus, as specified in Section 2., of Airbus DIRECTIVES may be necessary to enhance visual access to AOTs A310A55–2035 and A300–600 all exposed surfaces in the inspection area. 55A6035, both dated March 16, 2005. I 1. The authority citation for part 39 This level of inspection is made under continues to read as follows: normally available lighting conditions such Parts Installation Authority: 49 U.S.C. 106(g), 40113, 44701. as daylight, hangar lighting, flashlight, or droplight and may require removal or (j) As of the effective date of this AD, no § 39.13 [Amended] opening of access panels or doors. Stands, person may install on any airplane a CFRP ladders, or platforms may be required to gain rudder, P/N A55471500 series, unless the I 2. The FAA amends § 39.13 by adding proximity to the area being checked.’’ requirements specified in paragraphs (f), (h) the following new airworthiness and (i) of this AD have been accomplished. directive (AD): Note 2: For the purposes of this AD, a detailed inspection is: ‘‘An intensive Alternative Methods of Compliance 2005–07–07 Airbus: Amendment 39–14031. examination of a specific item, installation, (AMOCs) Docket No. FAA–2005–20748; or assembly to detect damage, failure, or (k) The Manager, International Branch, Directorate Identifier 2005–NM–063–AD. irregularity. Available lighting is normally ANM–116, has the authority to approve supplemented with a direct source of good Effective Date AMOCs for this AD, if requested in lighting at an intensity deemed appropriate. (a) This AD becomes effective March 28, Inspection aids such as mirror, magnifying accordance with the procedures found in 14 2005. lenses, etc., may be necessary. Surface CFR 39.19. Affected ADs cleaning and elaborate procedures may be Related Information required.’’ (b) None. (l) French airworthiness directive UF– Applicability Actions Accomplished Previously 2005–048, dated March 18, 2005, also (c) This AD applies to Airbus Model A310 (g) Inspections accomplished within the addresses the subject of this AD. Series Airplanes; and Model A300 B4–600, last 18 months before the effective date of Material Incorporated by Reference B4–600R, and F4–600R series airplanes, and this AD in accordance with section 4.2.2 of Model C4 605R Variant F airplanes Airbus AOTs A310A55–2035 and A300–600 (m) You must use Airbus All Operators (collectively called A300–600); certificated in 55A6035, both dated March 16, 2005; are Telex A310A55–2035, dated March 16, 2005; any category; equipped with any composite- considered acceptable for compliance with and Airbus All Operators Telex A300–600 fiber-reinforced plastic (CFRP) rudder with the corresponding actions specified in 55A6035, dated March 16, 2005; as part number (P/N) A55471500 series paragraph (f) of this AD, after the inspection applicable; to perform the actions that are installed. results are reported to Airbus as required in required by this AD, unless the AD specifies Unsafe Condition paragraph (i) of this AD. otherwise. The Director of the Federal Register approves the incorporation by (d) This AD was prompted by a report that, Corrective Actions reference of these documents in accordance during cruise, a Model A310 series airplane (h) If any discrepancy of the rudder with 5 U.S.C. 552(a) and 1 CFR part 51. For lost most of its rudder, which was made from attachments that exceeds the limits specified copies of the service information, contact CFRP. The FAA is issuing this AD to prevent in the Airbus A310 or A300–600 Structural detachment of the rudder from the airplane, Repair Manual (SRM), or any discrepancy of Airbus, 1 Rond Point Maurice Bellonte, which could degrade airplane handling the rudder side panels is found during any 31707 Blagnac Cedex, France. To view the qualities and result in reduced controllability inspection required by paragraph (f) of this AD docket go to the Docket Management of the airplane. AD: Before further flight, repair or otherwise Facility, U.S. Department of Transportation, Compliance disposition, in accordance with a method 400 Seventh Street, SW., room PL–401, approved by the Manager, International Nassif Building, Washington, DC. To review (e) You are responsible for having the Branch, ANM–116, FAA, Transport Airplane copies of the service information, go to the actions required by this AD performed within Directorate; or the Direction Ge´ne´rale de the compliance times specified, unless the National Archives and Records l’Aviation Civile (DGAC) (or its delegated actions have already been done. Administration (NARA). For information on agent). the availability of this material at NARA, call One-Time Inspections Note 3: Limits for allowable damage and (202) 741–6030, or go to http:// (f) Within 550 flight hours or 3 months rework for the rudder attachment fittings are www.archives.gov/federal_register/ after the effective date of this AD, whichever specified in Sections 55–40–00, 55–36–42, code_of_federal_regulations/ is first: Perform one-time general visual, 55–30–00, and 55–46–11 of the Airbus A310 ibr_locations.html. detailed, and tap test inspections for and A300–600 SRM.

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Issued in Renton, Washington, on March DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION 23, 2005. Ali Bahrami, Federal Aviation Administration Federal Aviation Administration Manager, Transport Airplane Directorate, Aircraft Certification Service. 14 CFR Part 71 14 CFR Part 145 [FR Doc. 05–6106 Filed 3–25–05; 8:45 am] [Docket No. FAA–1999–5836] BILLING CODE 4910–13–P [Docket No. FAA–2005–20062; Airspace RIN 2120–AI60 Docket No. 05–ACE–4] Repair Stations DEPARTMENT OF TRANSPORTATION Modification of Class E Airspace; Nevada, MO AGENCY: Federal Aviation Federal Aviation Administration Administration (FAA), DOT. AGENCY: Federal Aviation 14 CFR Part 71 ACTION: Final rule; delay of effective Administration (FAA), DOT. date. [Docket No. FAA–2005–20061; Airspace Docket No. 05–ACE–3] ACTION: Direct final rule; confirmation of SUMMARY: The FAA is delaying the effective date. effective date of the final rule requiring Modification of Class E Airspace; each repair station to have an approved Ozark, MO SUMMARY: This document confirms the training program. This action is effective date of the direct final rule necessary because applicable guidance AGENCY: Federal Aviation Administration (FAA), DOT. which revises Class E airspace at material is not yet available to assist Nevada, MO. repair stations in developing their ACTION: Direct final rule; confirmation of programs. The delayed date will give effective date. EFFECTIVE DATE: 0901 UTC, May 12, repair stations sufficient time to develop 2005. SUMMARY: This document confirms the their programs and will give the FAA effective date of the direct final rule FOR FURTHER INFORMATION CONTACT: time to evaluate and approve them. which revises Class E airspace at Ozark, Brenda Mumper, Air Traffic Division, DATES: The effective date of § 145.163 MO. Airspace Branch, ACE–520A, DOT published at 66 FR 41117 (August 6, EFFECTIVE DATE: 0901 UTC, May 12, Regional Headquarters Building, Federal 2001) is delayed until April 6, 2006. The 2005. Aviation Administration, 901 Locust, amendments in this final rule become effective April 6, 2006. FOR FURTHER INFORMATION CONTACT: Kansas City, MO 64106; telephone: Brenda Mumper, Air Traffic Division, (816) 329–2524. FOR FURTHER INFORMATION CONTACT: Mr. Airspace Branch, ACE–520A, DOT Herbert E. Daniel, Aircraft Maintenance SUPPLEMENTARY INFORMATION: The FAA Regional Headquarters Building, Federal Division, General Aviation and Repair published this direct final rule with a Aviation Administration, 901 Locust, Station Branch (AFS–340), Federal request for comments in the Federal Kansas City, MO 64106; telephone: Aviation Administration, 800 (816) 329–2524. Register on February 10, 2005 (70 FR Independence Ave., SW., Washington, 7020). The FAA uses the direct final DC 20591; facsimile (202) 267–5115; e- SUPPLEMENTARY INFORMATION: The FAA rulemaking procedure for a non- mail [email protected] or by published this direct final rule with a telephone at (202) 267–3109; or Mr. Dan request for comments in the Federal controversial rule where the FAA Bachelder, AFS–340, at the address or Register on February 10, 2005 (70 FR believes that there will be no adverse facsimile listed above or e-mail 7021) and the Federal Register public comment. This direct final rule [email protected] or by telephone subsequently published a correction to advised the public that no adverse at (202) 267–7027. the rule on Friday, February 18, 2005 comments were anticipated, and that (70 FR 8432). The FAA uses the direct unless a written adverse comment, or a SUPPLEMENTARY INFORMATION: final rulemaking procedure for a non- written notice of intent to submit such Authority for This Rulemaking controversial rule where the FAA an adverse comment, were received believes that there will be no adverse within the comment period, the The FAA’s authority to issue rules public comment. This direct final rule regulation would become effective on regarding aviation safety is found in advised the public that no adverse May 12, 2005. No adverse comments Title 49 of the United States Code. comments were anticipated, and that were received, and thus this notice Subtitle I, Section 106, describes the authority of the FAA Administrator. unless a written adverse comment, or a confirms that this direct final rule will Subtitle VII, Aviation Programs, written notice of intent to submit such become effective on that date. an adverse comment, were received describes in more detail the scope of the Issued in Kansas City, MO, on March 15, within the comment period, the agency’s authority. 2005. This rulemaking is promulgated regulation would become effective on under the authority described in title 49, May 12, 2005. No adverse comments Anthony D. Roetzel, subtitle VII, part A, subpart III, section were received, and thus this notice Acting Area Director, Western Flight Services 44701, General requirements, and confirms that this direct final rule will Operations. section 44707, Examining and rating air become effective on that date. [FR Doc. 05–5967 Filed 3–25–05; 8:45 am] agencies. Under section 44701, the FAA Issued in Kansas City, MO, on March 15, BILLING CODE 4910–13–M may prescribe regulations and standards 2005. in the interest of safety for inspecting, Anthony D. Roetzel, servicing, and overhauling aircraft, Acting Area Director, Western Flight Services aircraft engines, propellers, and Operations. appliances. It may also prescribe [FR Doc. 05–5966 Filed 3–25–05; 8:45 am] equipment and facilities for, and the BILLING CODE 4910–13–M timing and manner of, inspecting,

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servicing, and overhauling. Under 2042/2003. This regulation also impacts Civil Aviation, it is FAA policy to section 44707, the FAA may examine the domestic United States by requiring comply with International Civil and rate repair stations. all European-registered aircraft to be Aviation Organization (ICAO) Standards This regulation is within the scope of maintained in accordance with annex 2, and Recommended Practices to the section 44701 since it pertains to the part 145. The FAA recognizes that 1,275 maximum extent practicable. The FAA new requirement for repair stations to US-based 14 CFR part 145 repair has reviewed the corresponding ICAO have FAA-approved training programs stations are also approved under EC Standards and Recommended Practices in the interest of enhancing safety. The regulation 2042 and are now required to and has identified no differences with regulation is within the scope of section meet the repair station manual these regulations. 47707 since it will assist repair stations supplement requirements of EC 2042, Good Cause for ‘‘No Notice’’ in developing better training programs hereinafter referred to as European by allowing them to develop those Aviation Safety Agency (EASA) part Sections 553(b)(3)(B) and 553(d)(3) of programs based on FAA-issued 145. This new requirement to transition the Administrative Procedures Act guidance materials. from the former Joint Aviation (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize agencies to The Final Rule Authority (JAA) to EASA part 145 will require many US-based repair stations dispense with certain notice procedures On July 30, 2001, the FAA issued a to revise their current JAA supplements for rules when they find ‘‘good cause’’ final rule to update and revise repair to the EASA part 145 supplement to do so. Under section 553(b)(3)(B), the station regulations (66 FR 41088, August requirements. Concurrently with its requirements of notice and opportunity 6, 2001). In that rulemaking action, the review and evaluation of the U.S.- for comment do not apply when the FAA established a new requirement that certificated repair stations’ training agency for good cause finds that those each repair station have an employee programs, the FAA also must allot procedures are ‘‘impracticable, training program approved by the FAA resources to review and accept these unnecessary, or contrary to the public that consists of initial and recurrent EASA part 145 manual supplement interest.’’ The FAA finds that notice and training. In the preamble to the final revisions. In light of these developments public comment on this final rule are rule, the FAA stated, ‘‘Before the and the United States’ international impracticable. For the APA, effective date of the final rule, the FAA agreements, as well as FAA ‘‘impracticable’’ means that, if notice will issue advisory material regarding international obligations, the FAA finds and comment procedures were the required training program.’’ The that implementing the § 145.163 followed, they would defeat the purpose effective date for the new training training program and EASA supplement of the rule. As explained previously, the requirements was set two years after the to repair station manuals by April 6, purpose of this final rule is to extend effective date of the revised rule for 2005 would impose a significant burden the effective date for the repair station repair stations to provide repair stations on the repair station industry as well as training requirements from April 6, time to develop their programs. The the FAA. 2005, to April 6, 2006. Coordinating and new training requirements are Delaying the effective date of 14 CFR issuing rulemaking documents will take scheduled to become effective on April 145.163 for 12 months will have the time under current procedures. We 6, 2005. ancillary benefit of reducing the burden cannot issue a notice, receive On December 22, 2004, the FAA on the 1,275 U.S.-based repair stations comments, and issue a final rule before published a Notice of Availability of that must meet the EASA part 145 the current effective date. Repair draft Advisory Circular AC 145–RSTP. manual supplement requirements. They stations will also need adequate time This document would provide guidance will have additional time in which to before the effective date to develop their to repair stations for their training develop both those revisions and the training programs following guidance to programs. In response to multiple training programs required by § 145.163. be provided by the FAA. Therefore, any comments from industry associations, Similarly, the extension will provide delay in issuing this final rule would the FAA has extended the comment additional time for the FAA to review subject repair stations to confusion and period to March 22, 2005 (70 FR 3243; them. the expense of trying to establish January 21, 2005). The extended In summary, the FAA is delaying the training programs hurriedly without comment period will enable repair effective date of 14 CFR 145.163 for 12 final guidance from the FAA. Therefore, station operators to submit meaningful months because: it is ‘‘impracticable’’ to provide notice comments on whether the guidance 1. We have extended the comment and opportunity to comment. material is useful in developing training period on the proposed guidance Good Cause for Immediate Adoption programs that comply with § 145.163. material and, therefore, have not yet In accordance with 5 U.S.C. When the comment period closes, the issued the final guidance, and FAA will review the comments. We 2. We want to adhere as closely as 553(b)(3)(B), FAA finds good cause for expect commenters will have possible to a transition period between issuing this rule without prior notice meaningful suggestions for improving the time the guidance is issued and the and comment. Seeking public comment the guidance. We also expect that some effective date of the rule. The additional is impracticable, unnecessary, and commenters will call attention to new time will enable repair stations to use contrary to the public interest. This training technologies that would benefit that guidance material when it becomes delay of effective date will give repair a training program. The FAA will need available in developing their programs. stations sufficient time to use FAA time to consider the comments and to guidance material in preparing to incorporate meaningful changes into AC Paperwork Reduction Act operate under the amended regulations 145–RSTP that will benefit these There are no new requirements for for repair stations. Given the imminence smaller entities in the development of information collection associated with of the effective date, seeking prior their training programs. this amendment. public comments on this temporary Further, due to recent events in the delay would have been impracticable, as European Union, the European International Compatibility well as contrary to the public interest in Commission (EC) has passed and In keeping with U.S. obligations the orderly promulgation and implemented commission regulation under the Convention on International implementation of this rule.

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Economic Evaluation, Regulatory Regulatory Flexibility Act Title II of the Act requires each Federal Flexibility Determination, Trade Impact The Regulatory Flexibility Act (RFA) agency to prepare a written statement Assessment, and Unfunded Mandates of 1980, 5 U.S.C. 601–612, establishes assessing the effects of any Federal Assessment ‘‘as a principle of regulatory issuance mandate in a proposed or final agency rule that may result in a $100 million or Changes to Federal regulations must that agencies shall endeavor, consistent more expenditure (adjusted annually for undergo several economic analyses. with the objective of the rule and of First, Executive Order 12866 directs applicable statutes, to fit regulatory and inflation) in any one year by State, local, each Federal agency to propose or adopt informational requirements to the scale and tribal governments, in the aggregate, a regulation only if the agency makes a of the business, organizations, and or by the private sector; such a mandate reasoned determination that the benefits governmental jurisdictions subject to is deemed to be a ‘‘significant regulatory of the intended regulation justify its the regulation.’’ To achieve that action.’’ The FAA currently uses an costs. Second, the Regulatory Flexibility principle, the RFA requires agencies to inflation-adjusted value of $120.7 Act of 1980 requires agencies to analyze solicit and consider flexible regulatory million in lieu of $100 million. the economic impact of regulatory proposals to explain the rationale for This final rule does not contain such changes on small entities. Third, the their actions. The RFA covers a wide- a mandate. Therefore, the requirements Trade Agreements Act (19 U.S.C. 2531– range of small entities, including small of Title II of the Unfunded Mandates 2533) bans agencies from setting businesses, not-for-profit organizations, Reform Act of 1995 do not apply. standards that create unnecessary and small governmental jurisdictions. obstacles to the foreign commerce of the Agencies must perform a review to Executive Order 13132, Federalism determine whether a proposed or final United States. In developing U.S. The FAA has analyzed this final rule rule will have a significant economic standards, the Trade Act requires under the principles and criteria of impact on a substantial number of small agencies to consider international Executive Order 13132, Federalism. We entities. If the agency determines that it standards. Where suitable, the Trade determined that this action will not Act directs agencies to use those will, the agency must prepare a regulatory flexibility analysis as have a substantial direct effect on the international standards as the basis of States, or the relationship between the U.S. standards. Fourth, the Unfunded described in the RFA. However, if an agency determines that national Government and the States, or Mandates Reform Act of 1995 requires on the distribution of power and agencies to prepare a written assessment a proposed or final rule is not expected responsibilities among the various of the costs, benefits, and other effects to have a significant economic impact levels of government. Therefore, we of proposed or final rules. This on a substantial number of small have determined that this final rule does requirement applies only to rules that entities, section 605(b) of the RFA not have federalism implications. include a Federal mandate on State, provides that the head of the agency local, or tribal governments, likely to may so certify and a regulatory Environmental Analysis result in a total expenditure of $100 flexibility analysis is not required. The million or more in any one year certification must include a statement FAA Order 1050.1E identifies FAA (adjusted for inflation). In conducting providing the factual basis for this actions that are categorically excluded these analyses, the FAA determines that determination, and the reasoning should from preparation of an environmental this rule: be clear. assessment or environmental impact (1) Has benefits which justify its costs This final rule merely delays the statement under the National and is not a ‘‘significant regulatory effective date for § 145.163. Its economic Environmental Policy Act in the action’’ as defined in the Executive impact is minimal. Therefore, we certify absence of extraordinary circumstances. Order and as defined in DOT’s that this action will not have a The FAA has determined this proposed Regulatory Policies and Procedures; significant economic impact on a rulemaking action qualifies for the substantial number of small entities. (2) Will not have a significant impact categorical exclusion identified in paragraph 312(d) and involves no on a substantial number of small Trade Impact Assessment extraordinary circumstances. entities; The Trade Agreement Act of 1979 (3) Has minimal effects on prohibits Federal agencies from Regulations That Significantly Affect international trade; and establishing any standards or engaging Energy Supply, Distribution, or Use (4) Does not impose an unfunded in related activities that create The FAA has analyzed this final rule mandate on State, local, or tribal unnecessary obstacles to the foreign under Executive Order 13211, Actions governments or on the private sector. commerce of the United States. Concerning Regulations that Legitimate domestic objectives, such as Economic Summary Significantly Affect Energy Supply, safety, are not considered unnecessary Distribution, or Use (66 FR 28355, May This rule delays the effective date for obstacles. The statute also requires 18, 2001). We have determined that it is repair stations to establish their training consideration of international standards not a ‘‘significant energy action’’ under programs in accordance with § 145.163. and, where appropriate, that they be the the executive order because it is not a This action is necessary because basis for U.S. standards. The FAA has ‘‘significant regulatory action’’ under applicable guidance material is not yet assessed the potential effect of this final Executive Order 12866, and it is not available to assist repair stations in rule and determined that it has only a developing their programs. The domestic impact. likely to have a significant adverse effect extended date will give repair stations on the supply, distribution, or use of sufficient time to develop their Unfunded Mandates Reform Act energy. programs and will give the FAA time to The Unfunded Mandates Reform Act List of Subjects in 14 CFR Part 145 evaluate and approve them.There will of 1995 (the Act), is intended, among also be a decrease in overall paperwork other things, to curb the practice of Air carriers, Air transportation, and costs if this rule has the extended imposing unfunded Federal mandates Aircraft, Aviation safety, Recordkeeping effective date. on State, local, and tribal governments. and reporting requirements, Safety.

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The Amendment DATES: Effective December 23, 2004. Department of the Treasury, Washington, DC 20220 (not toll free I FOR FURTHER INFORMATION CONTACT: For the reasons set forth above, the numbers). Federal Aviation Administration is Celeste Johnston, Center for Food Safety delaying the effective date of 14 CFR and Applied Nutrition (HFS–265), Food SUPPLEMENTARY INFORMATION: and Drug Administration, 5100 Paint 145.163 and amending part 145 as Electronic and Facsimile Availability follows: Branch Pkwy., College Park, MD 20740– 3835, 301–436–1282. This file is available for download PART 145—REPAIR STATIONS SUPPLEMENTARY INFORMATION: In FR Doc. without charge in ASCII and Adobe 04–28043, appearing on page 76844 in Acrobat readable (*.PDF) formats at I 1. The authority citation for part 145 is the Federal Register of Thursday, GPO Access. GPO Access supports revised to read as follows: December 23, 2004, the following HTTP, FTP, and Telnet at Authority: 49 U.S.C. 106(g), 40113, 44701– corrections are made: fedbbs.access.gpo.gov. It may also be 44702, 44707, 44709, 44717. 1. On page 76844, in the second accessed by modem dialup at 202/512– column, under ‘‘I. Introduction,’’ the 1387 followed by typing ‘‘/GO/FAC.’’ I 2. Revise § 145.163(a) introductory text second sentence is corrected to read: Paper copies of this document can be to read as follows: ‘‘Since the publication of the notice, obtained by calling the Government § 145.163 Training requirements. IBA Guardion, a division of IBA Printing Office at 202/512–1530. This (a) A certificated repair station must responsible for this petition, has been document and additional information have an employee training program sold to PPM Ventures, which concerning the programs of the Office of approved by the FAA that consists of subsequently changed the name of this Foreign Assets Control are available for initial and recurrent training. For division to Sterigenics International, downloading from the Office’s Internet purposes of meeting the requirements of Inc., 2015 Spring Rd., suite 650, Oak Home Page: http://www.treas.gov/ofac, this paragraph, beginning April 6, Brook, IL 60523.’’ or via FTP at ofacftp.treas.gov. 2006— 2. On page 76846, in the third Facsimiles of information are available column, under ‘‘VIII. References,’’ the through the Office’s 24-hour fax-on- * * * * * citation for reference 2 is corrected to demand service: call 202/622–0077 Issued in Washington, DC, on March 17, read ‘‘Gregoire, O., Cleland, M. R., using a fax machine, fax modem, or 2005. Mittendorfer, J., et al., ‘‘Radiological (within the United States) a touch-tone Marion C. Blakey, Safety of Food Irradiation With High telephone. Administrator. Energy X-Rays: Theoretical Expectations Background [FR Doc. 05–5856 Filed 3–22–05; 3:29 pm] and Experimental Evidence,’’ Radiation BILLING CODE 4910–13–P Physics and Chemistry, vol. 67, pp. 169– The Iranian Transactions Regulations, 183, 2003.’’ 31 CFR part 560 (the ‘‘ITR’’), implement Dated: March 18, 2005. a series of Executive orders, beginning DEPARTMENT OF HEALTH AND Leslye M. Fraser, with Executive Order 12957, issued on March 15, 1995. In that order, the HUMAN SERVICES Director, Office of Regulations and Policy, Center for Food Safety and Applied Nutrition. President declared a national emergency pursuant to IEEPA to deal with the Food and Drug Administration [FR Doc. 05–6024 Filed 3–25–05; 8:45 am] unusual and extraordinary threat to the BILLING CODE 4160–01–S 21 CFR Part 179 national security, foreign policy, and economy of the United States [Docket No. 2003F–0088] constituted by the actions and policies DEPARTMENT OF THE TREASURY Irradiation in the Production, of the Government of Iran, including its Processing, and Handling of Food; Office of Foreign Assets Control support for international terrorism, its Correction efforts to undermine the Middle East 31 CFR Part 560 peace process and its efforts to acquire AGENCY: Food and Drug Administration, weapons of mass destruction and the HHS. Iranian Transactions Regulations means to deliver them. To deal with this ACTION: Final rule; correction. threat, Executive Order 12957 imposed AGENCY: Office of Foreign Assets prohibitions on certain transactions SUMMARY: The Food and Drug Control, Treasury. with respect to the development of Administration (FDA) is correcting a ACTION: Final rule. Iranian petroleum resources. On May 6, final rule that appeared in the Federal 1995, the President issued Executive Register of December 23, 2004 (69 FR SUMMARY: The Office of Foreign Assets Order 12959 imposing comprehensive 76844). The document amended the Control (‘‘OFAC’’) of the U.S. trade sanctions to further respond to food additive regulations by establishing Department of the Treasury is revising this threat, and on August 19, 1997, the a new maximum permitted energy level the Iranian Transactions Regulations to President issued Executive Order 13059 of x rays for treating food of 7.5 million clarify the applicability of certain consolidating and clarifying the electron volts provided the x rays are general licenses to brokers and dealers previous orders. generated from machine sources that in securities. The Treasury Department’s Office of use tantalum or gold as the target DATES: Effective Date: March 28, 2005. Foreign Assets Control (‘‘OFAC’’) is material, with no change in the FOR FURTHER INFORMATION CONTACT: amending the ITR to include definitions maximum permitted dose levels or uses Chief of Policy Planning and Program relating to registered brokers and dealers currently permitted by FDA’s food Management, tel. 202/622–4855, Chief in securities and to clarify the additive regulations. The document was of Licensing, tel.: 202/622–2480, Chief application to such brokers and dealers published with two errors in the of Compliance, tel. 202/622–2490, or of general licenses relating to funds preamble section. This document Chief Counsel, tel.: 202/622–2410, transfers to and from Iran and to the corrects those errors. Office of Foreign Assets Control, operation of Iranian accounts. To this

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end, OFAC is adding a new provision at Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, § 560.517 Exportation of services: Iranian 31 CFR 560.321 to establish a regulatory 2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b); accounts at United States depository definition of the term United States 50 U.S.C. 1601–1651, 1701–1706; Pub. L. institutions or United States registered 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); brokers or dealers in securities. registered broker or dealer in securities Pub. L. 106–387, 114 Stat. 1549; E.O. 12613, and amending § 560.320 of the ITR to 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. * * * * * clarify that the term Iranian accounts 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. (b) United States registered brokers or includes accounts of persons located in 332; E.O. 12959, 60 FR 24757, 3 CFR, 1995, dealers in securities are prohibited from Iran or of the Government of Iran Comp., 356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217. performing services with respect to maintained on the books of a United Iranian accounts, as defined in States registered broker or dealer in § 560.320, at the instruction of the securities. Section 560.516 of the ITR is Subpart C—General Definitions Government of Iran or persons located being amended to clarify that United I 2. Revise § 560.320 to read as follows: States registered brokers or dealers in in Iran, except that United States securities are authorized to process § 560.320 Iranian accounts. registered brokers or dealers in certain transfers of funds to or from Iran. The term Iranian accounts means securities are authorized to provide and Section 560.517 of the ITR is being accounts of persons located in Iran or of be compensated for services and amended to clarify that United States the Government of Iran maintained on incidental transactions with respect to: registered brokers or dealers in the books of either a United States (1) The limited maintenance of an securities are within the scope of the depository institution or a United States Iranian account, including only the general license authorizing the registered broker or dealer in securities. payment into such account of interest, exportation of certain Iranian account- I 3. Add a new § 560.321 to subpart C to cash dividends, and stock dividends; related services to Iran. A corresponding read as follows: the debiting of service charges; and the technical change to § 560.532 of the ITR execution of stock splits and dividend is also included. § 560.321 United States registered broker reinvestment plans; and or dealer in securities. Public Participation The term United States registered (2) At the request of the account party, Because the amendment of the ITR broker or dealer in securities means any the closing of Iranian accounts through involves a foreign affairs function, the U.S. citizen, permanent resident alien, the one-time liquidation of all assets in provisions of Executive Order 12866 or entity organized under the laws of the the account at fair market value and the and the Administrative Procedure Act (5 United States or of any jurisdiction lump sum transfer only to the account U.S.C. 553) (the ‘‘APA’’) requiring within the United States, including its party of all proceeds derived therefrom notice of proposed rulemaking, foreign branches, or any agency, office and all remaining funds in the account. opportunity for public participation, or branch of a foreign entity located in (c) Specific licenses may be issued and delay in effective date, are the United States, that: with respect to the operation of Iranian (a) Is a ‘‘broker’’ or ‘‘dealer’’ in inapplicable. Because no notice of accounts that constitute accounts of: proposed rulemaking is required for this securities within the meanings set forth rule, the Regulatory Flexibility Act (5 in the Securities Exchange Act of 1934; (1) Foreign government missions and U.S.C. 601–612) does not apply. (b) Holds or clears customer accounts; their personnel in Iran; or and (2) Missions of the Government of Paperwork Reduction Act (c) Is registered with the Securities Iran in the United States. The collections of information related and Exchange Commission under the to 31 CFR parts 31 CFR parts 560 are Securities Exchange Act of 1934. I 6. Revise the last sentence of paragraph contained in 31 CFR part 501 (the (d) of § 560.532 to read as follows: ‘‘Reporting, Procedures and Penalties Subpart E—Licenses, Authorizations, Regulations’’). Pursuant to the and Statements of Licensing Policy § 560.532 Payment for and financing of Paperwork Reduction Act of 1995 (44 export and reexport of commercial I 4. Amend § 560.516 by redesignating commodities, medicine, and medical U.S.C. 3507), those collections of paragraphs (b) through (d) as paragraphs devices. information have been approved by the (c) through (e), respectively, and adding * * * * * Office of Management and Budget under a new paragraph (b) to read as follows: control number 1505–0164. An agency (d) * * * See § 560.516(c). may not conduct or sponsor, and a § 560.516 Payment and United States * * * * * person is not required to respond to, a dollar clearing transactions involving Iran. collection of information unless the * * * * * Dated: February 9, 2005. collection of information displays a (b) United States registered brokers or Robert W. Werner, valid control number. dealers in securities are authorized to Director, Office of Foreign Assets Control. process transfers of funds to or from Approved: February 18, 2005. List of Subjects in 31 CFR Part 560 Iran, or for the direct or indirect benefit Juan C. Zarate, Administrative practice and of persons in Iran or the Government of procedure, Banks, banking, Brokers, Iran, if the transfer is covered in full by Assistant Secretary (Terrorist Financing). Securities, Iran. any of the conditions set forth in [FR Doc. 05–6046 Filed 3–23–05; 3:08 pm] I For the reasons set forth in the paragraphs (a)(2) through (4) of this BILLING CODE 4810–25–P Preamble, 31 CFR part 560 is amended section and does not involve the as follows: debiting or crediting of an Iranian account. PART 560—IRANIAN TRANSACTIONS * * * * * REGULATIONS I 5. Amend § 560.517 by revising the I 1. The authority citation for part 560 section heading and paragraph (b) and continues to read as follows: adding paragraph (c) to read as follows:

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DEPARTMENT OF HOMELAND In accordance with 5 U.S.C. (d)(3), the Discussion of Comments and Changes SECURITY Coast Guard finds good cause for No comments were received in making this rule effective less than 30 response to the NPRM, and no changes Coast Guard days after publication in the Federal have been made to the final rule. Register. Final plans for this exercise 33 CFR Part 165 were not finalized with sufficient time Discussion of Rule [CGD01–05–011] to publish an NPRM and Final Rule in This rule creates safety and security accordance with the publication zones surrounding Fort Trumbull State RIN 1625–AA00, AA87 requirements of 5 U.S.C. 553. However, Park and Ocean Beach in New London, Safety and Security Zones; TOPOFF 3, the Coast Guard wished to provide the Connecticut. The safety and security New London, CT public with the opportunity to comment zones established herein are effective on this rulemaking. By doing so, the from April 2, 2005 through April 10, AGENCY: Coast Guard, DHS. timeframe for the publication of the 2005. This effective period covers the ACTION: Temporary final rulemaking. final rule has been reduced to less than scheduled exercise dates from April 4 30 days. The delay inherent in through April 10, 2005, and provides for SUMMARY: The Coast Guard is publication of this final rule 30 days in an additional period leading up to the establishing safety and security zones advance of its effective date is contrary exercise to provide for monitoring and around waterfront areas in New London, to the public interest and impracticable, searching of the area being utilized for Connecticut during the Congressionally- as immediate action is needed to protect the exercise. mandated third Top Officials exercise. participants in this exercise, scheduled The safety and security zone These zones are necessary to provide for for April 4–10, 2005. The Coast Guard surrounding Fort Trumbull State Park the safety and security of participants in Group, Marine Safety Office Long Island encompass the waters of the Thames the exercise, the surrounding shore and Sound will make this Final Rule widely River approximately 100-yards from maritime communities from potential available to the maritime community Fort Trumbull State Park and the Parks sabotage or subversive acts aimed at this and general public through notification piers. The Fort Trumbull Safety and large scale, high profile exercise. These in the Local Notice to Mariners, marine Security Zone includes all waters of the temporary safety and security zones safety information bulletins and through Thames River bounded as follows: prohibit persons or vessels from local waterways users groups. beginning at the end of the New entering unless authorized by the England Seafood pier at approximate Captain of the Port, Long Island Sound Background and Purpose position 41°20′49.7″ N, 072°05′41.6″ W, or designated representative. The third Top Officials (TOPOFF) thence running in an easterly direction DATES: This rule is effective from 12:01 ° ′ ″ ° ′ ″ exercise, will take place from April 4 to position 41 20 50.9 N, 072 05 36.5 a.m. on April 2, 2005 until 11:59 p.m. W, thence in a southeasterly direction to on April 10, 2005. through April 10, 2005. TOPOFF 3 is ° ′ ″ ° ′ ″ the third of the Congressionally- position 41 20 43.1 N, 072 05 19.7 W, ADDRESSES: You may mail comments ° ′ ″ mandated weapons of mass destruction then south to position 41 20 34.9 N, and related material to Waterways ° ′ ″ (WMD) national exercise series. 072 05 19.6 W, thence southwesterly to Management Division, Coast Guard TOPOFF 3 will use a series of exercise a point on the western shore of the Group/Marine Safety Office Long Island ° ′ ″ activities of increasing complexity, and Thames River at position, 41 20 26.6 N, Sound, 120 Woodward Avenue, New ° ′ ″ will simulate a terrorist WMD campaign 072 05 38.9 W, thence northerly along Haven, CT 06512. Coast Guard Group/ with simulated attacks occurring in the the western shore of the Thames River Marine Safety Office Long Island Sound to a position on the shore of the Thames maintains the public docket for this States of Connecticut and New Jersey. ° ′ ″ Additional TOPOFF activities will be River at position 41 20 29.3 N, rulemaking. Comments and material 072°05′39.7″ W, thence along the shore conducted within the United Kingdom received from the public, as well as of the Thames River to the point of as part of a partnership to strengthen documents indicated in this preamble as beginning. security in both nations. The specific being available in the docket, will The safety and security zone scenarios for the exercise are still being become part of this docket and will be surrounding Ocean Beach encompass developed. In New London, available for inspection or copying at the waters of Long Island Sound Connecticut, these activities will take Group/Marine Safety Office Long Island approximately 100-yards off of Ocean place mainly in the vicinity of Fort Sound, New Haven, CT, between 9 a.m. Beach. The Ocean Beach Safety and Trumbull State Park. Additional and 3 p.m., Monday through Friday, Security Zone includes all waters of except Federal holidays. activities associated with this exercise Long Island Sound bounded by lines as will take place in the vicinity of Ocean FOR FURTHER INFORMATION CONTACT: follows: beginning at a position on the Beach in New London. Lieutenant A. Logman, Chief, shore of New London Connecticut at Waterways Management Division, Coast There will be approximately 800 position 41°18′31.4″ N, 072°05′39.6″ W, Guard Group/Marine Safety Office Long participants in TOPOFF 3, from various thence running southeasterly to position Island Sound at (203) 468–4429. federal, state and local agencies. 41°18′29.3″ N, 072°05′36.9″ W, thence SUPPLEMENTARY INFORMATION: Numerous high-level public officials running position southwesterly to will participate. Participants will be position 41°18′11.8″ N, 072°06′2.8″ W, Regulatory History transported to Fort Trumbull via land thence running northwesterly to On February 18, 2005, we published and water transportation. Due to the position 41°18′14.5″ N, 072°06′6.1″ W, a notice of proposed rulemaking high visibility and high profile of the thence running northeasterly along the (NPRM) entitled ‘‘Safety and Security participants, safety and security zones shore to the point of beginning. Zones; TOPOFF 3, New London, CT.’’ are warranted to safeguard participants Entry into these zones is prohibited Federal Register (69 FR 8309). No and the surrounding community from unless authorized by the Captain of the comments were received on the sabotage or other subversive acts, Port, Long Island Sound. Any violation proposed rule. No public hearing was accidents or other hazards of a similar of the safety and security zones requested, and none was held. nature. described herein is punishable by,

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among others, civil and criminal dominant in their fields, and Taking of Private Property penalties, in rem liability against the governmental jurisdictions with This rule will not effect a taking of offending vessel, and license sanctions. populations of less than 50,000. private property or otherwise have The Coast Guard certifies under 5 Regulatory Evaluation taking implications under Executive U.S.C. 605(b) that this rule will not have Order 12630, Governmental Actions and This rule is not a ‘‘significant a significant economic impact on a Interference with Constitutionally regulatory action’’ under section 3(f) of substantial number of small entities. Protected Property Rights. Executive Order 12866, Regulatory This rule may affect the following Planning and Review, and does not entities, some of which may be small Civil Justice Reform require an assessment of potential costs entities: commercial vessels wishing to This rule meets applicable standards and benefits under section 6(a)(3) of that transit, fish or anchor in the portions of in sections 3(a) and 3(b)(2) of Executive Order. The Office of Management and the Thames River or Long Island Sound Order 12988, Civil Justice Reform, to Budget has not reviewed it under that covered by this rule. For the reasons minimize litigation, eliminate Order. It is not ‘‘significant’’ under the outlined in the Regulatory Evaluation ambiguity, and reduce burden. regulatory policies and procedures of section above, this rule will not have a the Department of Homeland Security significant impact on a substantial Protection of Children (DHS). We expect the economic impact number of small entities. The Coast Guard has analyzed this of this rule to be so minimal that a full under Executive Order 13045, Regulatory Evaluation under the Assistance for Small Entities Protection of Children from regulatory policies and procedures of Under section 213(a) of the Small Environmental Health Risks and Safety DHS is unnecessary. This regulation Business Regulatory Enforcement Risks. This rule is not an economically may have some impact on the public, Fairness Act of 1996 (Public Law 104– significant rule and would not create an but the potential impact will be 121), we offered to assist small entities environmental risk to health or risk to minimized for the following reasons: in understanding the rule so that they safety that might disproportionately vessels may transit in all areas of the could better evaluate its effects on them affect children. Thames River and Long Island Sound and participate in the rulemaking Indian Tribal Governments other than those areas covered by the process. safety and security zones established Small businesses may send comments This rule does not have tribal herein. Vessels wishing to transit to Fort on the actions of Federal employees implications under Executive Order Trumbull Marina may request who enforce, or otherwise determine 13175, Consultation and Coordination permission to transit through the Fort compliance with, Federal regulations to with Indian Tribal Governments, Trumbull and Ocean Beach Safety and the Small Business and Agriculture because it will not have a substantial Security Zones from the Captain of the Regulatory Enforcement Ombudsman direct effect on one or more Indian Port, Long Island Sound or their on- and the Regional Small Business tribes, on the relationship between the scene representatives. Commercial Regulatory Fairness Boards. The Federal Government and Indian tribes, fishing vessels wishing to operate in the Ombudsman evaluates these actions or on the distribution of power and zones may request permission to enter annually and rates each agency’s responsibilities between the Federal the zones in advance of their effective responsiveness to small business. If you Government and Indian tribes. dates from the COTP, Long Island wish to comment on actions by Energy Effects Sound. Usage of Ocean Beach for employees of the Coast Guard, call 1– swimming in April is extremely 888–REG–FAIR (1–888–734–3247). We have analyzed this rule under minimal; persons wishing to use Ocean Executive Order 13211, Actions Beach for swimming can utilize other Collection of Information Concerning Regulations That beaches in the New London area. This rule calls for no new collection Significantly Affect Energy Supply, Moreover, there is no anticipated of information under the Paperwork Distribution, or Use. We have economic impact arising from the Reduction Act of 1995 (44 U.S.C. 3501– determined that it is not a ‘‘significant closure of the waters off of Ocean Beach 3520). energy action’’ under that Order because to swimming. Additionally, there will it is not a ‘‘significant regulatory action’’ be extensive advanced notifications Federalism under Executive Order 12866 and is not made to the maritime community via The Coast Guard has analyzed this likely to have a significant adverse effect the Local Notice to Mariners, marine rule under Executive Order 13132, on the supply, distribution, or use of information broadcasts and local area Federalism, and has determined that energy. It has not been designated by the maritime committees. The safety and this rule does not have implications for Administrator of the Office of security zones have been narrowly federalism under that Order. Information and Regulatory Affairs as a tailored to impose the least impact on significant energy action. Therefore, it Unfunded Mandates Reform Act maritime interests yet provide the level does not require a Statement of Energy of safety and protection deemed The Unfunded Mandates Reform Act Effects under Executive Order 13211. necessary for this high visibility event. of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of Technical Standards Small Entities their discretionary regulatory actions. In The National Technology Transfer Under the Regulatory Flexibility Act particular, the Act addresses actions and Advancement Act (NTTAA) (15 (5 U.S.C. 601–612), the Coast Guard that may result in the expenditure by a U.S.C. 272 note) directs agencies to use considered whether this rule will have State, local, or tribal government, in the voluntary consensus standards in their a significant economic impact on a aggregate, or by the private sector of regulatory activities unless the agency substantial number of small entities. $100,000,000 or more in any one year. provides Congress, through the Office of The term ‘‘small entities’’ comprises Though this rule will not result in such Management and Budget, with an small businesses, not-for-profit an expenditure, we do discuss the explanation of why using these organizations that are independently effects of this rule elsewhere in this standards would be inconsistent with owned and operated and are not preamble. applicable law or otherwise impractical.

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Voluntary consensus standards are to a position on the shore of the Thames rule expands the number of conditions technical standards (e.g., specifications River at position 41°20′29.3″ N, that a State may require in order for of materials, performance, design, or 072°05′39.7″ W, thence along the shore owners to obtain vessel numbering operation; test methods; sampling of the Thames River to the point of certificates in that State. The preamble procedures; and related management beginning. to the final rule contains an error in the systems practices) that are developed or (2) Ocean Beach Safety and Security regulatory evaluation. adopted by voluntary consensus Zone. The following area is a safety and DATES: Effective April 18, 2005. standards bodies. security zone: All waters of Long Island FOR FURTHER INFORMATION CONTACT: This rule does not use technical Sound off of New London, Connecticut Audrey Pickup, Office of Boating Safety, standards. Therefore, we did not in an area bounded as follows: at Coast Guard Headquarters, telephone consider the use of voluntary consensus beginning at a position on the shore of 202–267–0872. standards. New London Connecticut at position SUPPLEMENTARY INFORMATION: In rule FR 41°18′31.4″ N, 072°05′39.6″ W, thence Environment Doc. 04–28227 published in the Federal running southeasterly to position Register of March 18, 2005 (70 FR The Coast Guard has considered the ° ′ ″ ° ′ ″ 41 18 29.3 N, 072 05 36.9 W, thence 13104), correct the two paragraphs that environmental impact of this rule and running position southwesterly to appear on page 13104 under the heading concluded that, under figure 2–1, ° ′ ″ ° ′ ″ position 41 18 11.8 N, 072 06 2.8 W, ‘‘Regulatory Evaluation’’ to read: paragraph (34)(g) of Commandant thence running northwesterly to ‘‘This final rule is not a ‘significant ° ′ ″ ° ′ ″ Instruction M16475.1D, this rule is position 41 18 14.5 N, 072 06 6.1 W, regulatory action’ under section 3(f) of categorically excluded from further thence running northeasterly along the Executive Order 12866, Regulatory environmental documentation. A shore to the point of beginning. Planning and Review, and does not ‘‘Categorical Exclusion Determination’’ (b) Effective date. This rule is effective require an assessment of potential costs is available in the docket where from 12:01 a.m. on April 2, 2005 until and benefits under section 6(a)(3) of that indicated under ADDRESSES. 11:59 p.m. on April 10, 2005. Order. The Office of Management and (c) Regulations. (1) In accordance with List of Subjects in 33 CFR Part 165 Budget (OMB) has not reviewed it under the general regulations in 165.23 and that Order. Harbors, Marine safety, Navigation 165.33 of this part, entry into or ‘‘We expect the economic impact of (water), Reporting and recordkeeping movement within these zones is this rule to be so minimal that a full requirements, Security measures, prohibited unless authorized by the Regulatory Evaluation is unnecessary.’’ Waterways. Captain of the Port (COTP), Long Island Dated: March 22, 2005. I For the reasons discussed in the Sound. preamble, the Coast Guard amends 33 (2) All persons and vessels shall Steve Venckus, CFR part 165 as follows: comply with the instructions of the Chief, Regulations and Administrative Law, COTP, or the designated on-scene U.S. United States Coast Guard, DHS. PART 165—REGULATED NAVIGATION Coast Guard representative. On-scene [FR Doc. 05–5968 Filed 3–25–05; 8:45 am] AREAS AND LIMITED ACCESS AREAS Coast Guard patrol personnel include BILLING CODE 4910–15–P I commissioned, warrant, and petty 1. The authority citation for part 165 officers of the Coast Guard on board continues to read as follows: Coast Guard, Coast Guard Auxiliary, LIBRARY OF CONGRESS Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. and local, state, and federal law Chapter 701; 50 U.S.C. 191, 195; 33 CFR enforcement vessels. Copyright Office 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Dated: March 22, 2005. 107–295, 116 Stat. 2064; Department of 37 CFR Part 202 Homeland Security Delegation No. 0170.1. Peter J. Boynton, I 2. From 12:01 a.m. on April 2, 2005 to Captain, U.S. Coast Guard, Captain of the [Docket No. RM 2005–3] Port, Long Island Sound. 11:59 p.m. on April 10, 2005 add Registration of Claims to Copyright, [FR Doc. 05–6143 Filed 3–24–05; 12:37 pm] temporary § 165.T01–011 to read as Group Registration of Published follows: BILLING CODE 4910–15–P Photographs § 165.T01–011 Security and Safety Zone; AGENCY: Copyright Office, Library of TOPOFF 3, New London, CT. DEPARTMENT OF HOMELAND Congress. (a) Locations. (1) Fort Trumbull Safety SECURITY ACTION: Final regulations. and Security Zone. The following area is a safety and security zone: All waters Coast Guard SUMMARY: The Copyright Office of the of the Thames River in an area bounded Library of Congress is amending its final as follows: beginning at the end of the 33 CFR Part 174 regulations concerning group New England Seafood pier at [USCG–2003–15708] registration of published photographs to approximate position 41°20′49.7″ N, limit to 750 the number of photographs 072°05′41.6″ W, thence running in an RIN 1625–AA75 that may be identified on continuation easterly direction to position sheets submitted with a single Terms Imposed by States on 40°20′50.9″ N, 072°05′36.5″ W, thence application form and filing fee. The Numbering of Vessels in a southeasterly direction to position regulation continues to place no limit 41°20′43.1″ N, 072°05′19.7″ W, then AGENCY: Coast Guard, DHS. on the number of photographs that may ° ′ ″ south to position 41 20 34.9 N, ACTION: Final rule; correction. be included in a single group 072°05′19.6″ W, thence southwesterly to registration when the applicant elects a point on the western shore of the SUMMARY: The Coast Guard is correcting not to use continuation sheets and Thames River at position, 41°20′26.6″ N, the preamble to a final rule that instead identifies the date of publication 072°05′38.9″ W, thence northerly along appeared in the Federal Register of for each photograph on the deposited the western shore of the Thames River March 18, 2005 (70 FR 13102). The final image and the applicant meets the other

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regulatory requirements for group calendar year, give the range of dates $30.00 per group, is seriously out of registration of published photographs. within that period on the application for balance. The regulation also clarifies that the registration at space 3b, and identify To relate recent empirical evidence, date of publication for each photograph each photograph on a continuation one recent claim consisted of a may be identified in a text file on the sheet noting thereon its date of staggering total of 1,776 continuation CD–ROM or DVD that contains the publication.1 sheets. The Office required three hours photographic images or on a list that During the rulemaking process for for initial processing of the claim, accompanies the deposit and provides group registration of photographs, the including stamping, examining, the publication date for each image. Office proposed a rule that would limit labeling, scanning and packaging the DATES: Effective March 28, 2005. the number of photographs that could claim for imaging. The next step to FOR FURTHER INFORMATION CONTACT: be registered in a group to no more than process the claim, producing the image David O. Carson, General Counsel, or 500. 65 FR 26162, 26166 (May 5, 2000). for the registration record, required four Charlotte Douglass, Principal Legal In response to the request for comments, and one-half hours to complete and Advisor, P.O. Box 70400, Washington, many depositors asserted that the used 1777 registration number bar code DC 20024–0400, Telephone (202) 707– number of photographs should not be so labels. To print the 1777 page certificate 8380. Telefax: (202) 707–8366. limited. 66 FR 37143, 37145 (July 17, took an additional one and one-half hours during which no other printing SUPPLEMENTARY INFORMATION: The 2001). One commenter stated that some could be accomplished on that copyright law permits a claim to photographers took more than 500 equipment. Then, the certificate had to copyright to be registered in the images in one or two days. Another commenter noted that she produced be packaged and mailed, at an Copyright Office at any time during the inordinate expenditure of three and one- subsistence of the copyright, when an thousands of images per quarter. Id. In response, the Office issued a final rule half reams of certificate paper, postage application form is accompanied by the and packaging costs. Altogether, at the appropriate deposit of a copyrightable that did not limit the number of photographs that could be submitted end stage of the registration process, this work and a filing fee. 17 U.S.C. 408(a). single registration required more than with one group photograph claim. The Section 408(b) generally requires the 12 hours to complete. Making matters Office stated that: deposit of two complete copies or worse, the Office currently has on hand phonorecords of a published work, but In light of the comments from 15 additional claims of this kind, at it authorizes the Register of Copyrights photographers observing that the proposed various stages in registration processing. by regulation to reduce the number 500-photo limit is too low, the Office has Each of these claims is accompanied by reexamined its reasons for proposing such a deposited for particular classes. 17 continuation sheets ranging from U.S.C. 408(c)(1). The Register may also limit. The Office has concluded that the administrative burdens of processing a group approximately 1090 to 2423 in number. ameliorate the requirement for The Office production structure for individual registrations where a group registration of a large number of photos in excess of 500 would be acceptable. Therefore, registration of claims simply does not of separately published related works is the final rule contains no limitation on the accommodate such a time frame for a sought to be registered together. Id. The number of photographs that may be included single registration—group or legislative history of the 1976 Copyright in a group. otherwise—in a system which registered Act offers ‘‘a group of photographs by 66 FR 37148. nearly 661,500 claims in fiscal year one photographer’’ as a possibly 2004. appropriate grouping. H.R. Rep. No. On the basis of this assumed technical At the time the final rule on group 1476, 94th Cong., 2d Sess. 154 (1976). capability of the Office system to handle registration of photographs was In 2001, after notice, public comment, a large number of photos, the Office did announced in 2001, the Copyright and careful consideration, the Office not contemplate that it would receive Office did not predict that the amount established a regulation permitting continuation sheets listing nearly 15,000 of staff time, equipment usage, and group registration of published photographs, nor did it contemplate that production materials that would be photographs. 37 CFR 202.3(b)(9). 66 FR the production of such certificates required to produce certificates with a 37142 (July 17, 2001). That rule would be as disruptive as it has been to large number of continuation sheets permitted an unlimited number of Office operations. Recent experience would prove so impracticable as to photographs that were taken by the with the end-stage processing of undermine the Office’s productivity. In same person and published within the continuation sheets of a group of view of recent claims that the Office has same calendar year, and for which the photographs that include more than 750 received, including three claims of copyrights are owned by the same photographs listed on more than 50 2068, 2118 and 2423 pages respectively, person or entity, to be registered with continuation sheets has proved as well as other claims that it anticipates one application and fee. An applicant administratively burdensome. Whatever receiving should this registration may choose from three options to the technical capability of Office pattern take hold, the Office has register such a group: The applicant equipment might be to produce determined that it must now limit to 50 may either (1) submit a group of certificates with an unlimited number of the number of continuation sheets that photographs published within three continuation sheets, the practical reality may accompany a group registration for months before receipt in the Copyright of doing so requires an excessive published photographs. The amended Office and give the range of dates within amount of staff, time, equipment, and regulation allows for 750 photos to be that period on the application for materials. As a consequence, the cost listed on the continuation sheets that registration at space 3b; (2) submit a effectiveness of making these group are part of the application and made group of photographs published within registrations, at the current filing fee of part of the certificate of registration, and a calendar year, give the range of dates permits the applicant to submit within that period on the application for 1 The regulation encouraged applicants to use the additional claims in groups of 750 or registration at space 3b, and identify latter option because the registration certificate, of fewer photographs with additional filing which the continuation sheets are a part, serves as with each deposited image the date of prima facie evidence of the date of publication of fees for registration where the its publication; or (3) submit a group of a work when it is registered within five years of first continuation sheet option is preferred. photographs published within a publication. Applicants may continue to submit

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applications for group registration of notice and public procedure are relationship to the fee charged. If the photographs without any limitation on impracticable, unnecessary, or contrary Office were to devote a disproportionate the number of photographs if they select to the public interest.’’ 5 U.S.C. amount of time to register such large one of the options that does not involve 552(b)(B). It is impracticable to conduct group claims, its ability to provide use of continuation sheets. prepublication notice and comment timely and cost effective service to the At some future time, the Office may where compliance with the normal APA public at large would be negatively be able to resume group registration for procedures would jeopardize the affected. On the other hand, from an photographs with an unlimited number agency’s assigned missions. See S. Rep. applicant’s point of view, the number of continuation sheets. When the No. 752, 79th Cong., 1st Sess. 14 (1945); limit is only being placed on Office’s business processing systems S. Doc. No. 248, 79th Cong., 2d Sess. registrations made under one group have been re-engineered, new 140, 148, 157 (1946). Although the option. The other options will remain information technology systems will be Office provides a host of other services, open for an unlimited number of employed to accomplish much of the a primary duty of the Copyright Office photographs with one application form processing of claims digitally and it may is to register claims to copyright. 17 and one filing fee, currently $30.00. at that time be possible to liberalize the U.S.C. 701(b); 410(a). Prompt Section 553 of the Administrative current restriction. registration is central to the mission of Procedure Act also provides for a notice The Office is also clarifying that when the Office because it meets the needs of of not less than 30 days before the an applicant for group registration of applicants, obtains new works for effective date of a regulation, except as photographs elects not to use Library of Congress collections, and otherwise provided by the agency for continuation sheets to identify dates of promotes creativity by effectively good cause found and published with publication, the option that permits the administering the national registry. the rule. 5 U.S.C. 553(d)(3). The reasons dates of publication to be identified ‘‘on Providing notice and comment for for expedited rulemaking here are to the deposited image’’ does not require this rulemaking would be impracticable ease an immediate administrative that the date of publication appear on because it has become apparent that burden and to forestall the likelihood of the deposited image itself. In order to providing such notice and awaiting and even further administrative hardship. make this clear, § 202.3(b)(9)(iv) is being evaluating comments would have The Office has only recently begun to amended to state that the date of potentially serious adverse impacts on receive applications for group publication may be provided in any of the Office’s ability to comply with its registrations of photographs containing four different ways: Either (1) on each statutory duties. At an increasing rate, hundreds of continuation sheets, but deposited image, (2) in a text file on the the Office is receiving group photograph recent experience indicates that such CD–ROM or DVD that contains the claims with escalating numbers of applications will continue to be deposited photographic images, (3) on a continuation sheets. As noted above, received, perhaps at an increasing pace. list that accompanies the deposit and three recent claims have involved The Office cannot take the risk of provides the publication date for each applications containing as many as 2423 becoming inundated with a last-minute image, or (4) on the continuation sheet pages. The Office cannot consistently rush of large continuation-sheet provided by the Copyright Office. process thousands of continuation submissions to take advantage of the A notice and comment period is sheets with one claim and provide final days of the present rule. The normally required prior to promulgation registration services for the volume of amendment’s immediate effective date of a regulation. Administrative claims it is charged with managing each will preclude the submission of an Procedure Act, 5 U.S.C. 553(b). The year. Further delay would aggravate the overwhelming number of late claims, Office has already conducted notice and threat that this pattern will continue to which would further exacerbate the comment on this issue and has given uncontrollable proportions, thus negative effect such registrations have this issue consideration in promulgating indicating that notice and comment on the Copyright Office’s processing its final rule (See Notice of Proposed would in fact be counterproductive. If operations. Rulemaking, Registration of Claims to the Office provided prior notice and As part of the ‘‘good cause’’ Copyright, Group Registration of comment for its rule limiting the calibration of the APA’s section Photographs, 65 FR at 26165 (May 5, number of photographs identified on 553(d)(3), the necessity for immediate 2000); Final Regulation, Registration of continuation sheets as part of a group implementation must be balanced Claims to Copyright, Group Registration claim, the delay would exacerbate the against the necessity for affected of Photographs, 66 FR at 37148 (July 17, present difficulties by permitting persons to have a reasonable time to 2001).) That rule concluded that the continued large submissions and prepare for the effective date of the new administrative burden of processing a perhaps even encouraging a flurry of rule. To date, it appears that the group registration of a large number of such submissions in order to take exceptionally large continuation sheet photos in excess of 500 would be advantage of the existing rules before claims are being submitted by only one acceptable based on a projection of what the amendment’s effective date, entity. The Office is directly notifying such processing would involve. 66 FR jeopardizing even more the Office’s that entity of this amendment to the 37148. As detailed above, however, ability to fulfill its responsibility under group registration regulation which has actual experience has proved otherwise. the copyright law. been necessitated due to problems Based on recent experience, the Office Specifically, pre-publication notice caused by registration in this manner. has determined that currently it is and comment would harm the Office’s For registration materials that have been administratively unfeasible to continue registration processing function for the received by the Copyright Office before to accept applications for group reason that the continued submission of the effective date of this amendment but registrations of photographs with more claims in this manner could affect the are still being processed, the rules than 50 continuation sheets. pendency of overall registrations. The issued in 2001 will continue to apply, The APA waives the requirement for time between filing for registration and although in particular cases, the Office notice and comment when ‘‘the agency receiving a registration certificate may may request that the applicant for good cause finds (and incorporates increase, and the Office’s expense in resubmits separate applications, each the finding and a brief statement of processing these extremely large group with no more than 50 continuation reasons therefor in the rules issued) that registrations would have no reasonable sheets. In such cases, no additional fees

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will be assessed and the effective date space 3b of the application. If the amendment is necessary to conform the of registration will be the date the group photographs in a group were not all regulations to statutory provisions. of photographs was originally submitted published on the same date, the range DATES: Effective date: March 28, 2005. in conformity with then current of dates of publication (e.g., February regulations. With respect to any 15–September 15, 2004) must be FOR FURTHER INFORMATION CONTACT: applications including more than 50 provided in space 3b of the application, Maya Ferrandino, Consultant (211A), continuation sheets that are received by and the date of publication of each Compensation and Pension Service, the Office on or after the effective date photograph within the group must be Policy and Regulations Staff, Veterans of this amendment, the applicant will be identified either: Benefits Administration, 810 Vermont given the option of obtaining a (A) On each deposited image; Avenue, NW., Washington, DC 20420, registration certificate that does not (B) In a text file on the CD–ROM or (202) 273–7232. include the continuation sheets, with DVD that contains the deposited SUPPLEMENTARY INFORMATION: All the continuation sheets being included photographic images; income is countable when VA with the deposit to identify the dates of (C) On a list that accompanies the determines entitlement to income-based publication of the photographic images deposit and provides the publication benefits unless specifically excluded by as permitted under § 202.3(b)(9)(iv). date for each image; or law. Section 101 of the Medicare This amendment is therefore issued as (D) On a special continuation sheet Prescription Drug, Improvement, and a final rule effective on the date it is provided by the Copyright Office. Dates Modernization Act of 2003 (MMA), published in the Federal Register. of publication must be provided in a way that clearly identifies the date of Public Law 108–173, added section Regulatory Flexibility Act publication for each individual 1860D–31 to the Social Security Act (42 The Copyright Office, though located photograph in the group. U.S.C. 1395w–141), creating a Medicare in the Library of Congress and part of (v) If the applicant chooses to identify prescription drug discount card and the legislative branch, is not an the date of publication for each transitional assistance program. This ‘‘agency’’ subject to the Regulatory photograph in the group on a program allows Medicare beneficiaries Flexibility Act, 5 U.S.C. 601–612. continuation sheet, the application may to pool their purchasing power to secure Nevertheless, the Register of Copyrights include no more than 50 continuation substantial discounts on their has considered the effect of a proposed sheets identifying no more than 750 medicines. Medicare beneficiaries at or amendment on small businesses. This photographs. For these purposes, the below 135 percent of the federal poverty amendment continues to offer applicant must use the special level can qualify for $600 in additional photographers, who usually constitute continuation sheet for registration of a assistance for the remainder of 2004 and small businesses, the ability to register group of photographs made available by another $600 in 2005. The drug their copyrights in large groups for a the Copyright Office. discounts and $600 in transitional modest fee while it ensures that the * * * * * assistance became available on June 1, 2004. Copyright Office can process those Dated: March 18, 2005. A provision of the MMA clarifies the registrations in an efficient manner and Marybeth Peters, at a reasonable cost. potential interaction between the drug Register of Copyrights. discount card and transitional List of Subjects in 37 CFR Part 202 Approved by: assistance and VA’s pension and Claims, Copyright. James H. Billington, parents dependency and indemnity The Librarian of Congress. Final Regulation compensation benefits by stating that, [FR Doc. 05–6059 Filed 3–25–05; 8:45 am] ‘‘[t]he availability of negotiated prices or I For the reasons set forth in the BILLING CODE 1410–30–P transitional assistance under this preamble, the Copyright Office amends Section shall not be treated as benefits 37 CFR part 202 as follows: or otherwise taken into account in DEPARTMENT OF VETERANS determining an individual’s eligibility PART 202—REGISTRATION OF AFFAIRS for, or the amount of benefits under, any CLAIMS TO COPYRIGHT other Federal program.’’ Section 1860D– I 1. The authority citation for part 202 38 CFR Part 3 31(g)(6) of the Social Security Act. continues to read as follows: RIN 2900–AM14 Therefore, the transitional assistance program and any savings associated Authority: 17 U.S.C. 408, 702. Exclusions From Income and Net with the prescription drug discount card I 2. Section 202.3 is amended as follows: Worth Computations are not income or net worth for VA I (a) By revising paragraph (b)(9)(iv); purposes. This document amends 38 I (b) By redesignating paragraphs AGENCY: Department of Veterans Affairs. CFR 3.261, 3.262, 3.263, 3.272, and (b)(9)(v) through (ix) as paragraphs (vi) ACTION: Final rule. 3.275 to reflect this statutory change. through (x); and This final rule merely restates I SUMMARY: This document amends the (c) By adding a new paragraph statutory provisions. Accordingly, there (b)(9)(v). Department of Veterans Affairs (VA) adjudication regulations to exclude from is a basis for dispensing with prior The additions and revisions to § 202.3 notice and comment and the delayed read as follows: income and net worth computations in the pension and parents’ dependency effective date provisions of 5 U.S.C. 552 § 202.3 Registration of copyright. and indemnity compensation programs and 553. * * * * * benefits or payments received pursuant Paperwork Reduction Act (b) * * * to the Medicare Prescription Drug (9) * * * Discount Card and Transitional This document contains no provisions (iv) If the photographs in a group were Assistance Program in the Medicare constituting a collection of information all published on the same date, the date Prescription Drug, Improvement, and under the Paperwork Reduction Act (44 of publication must be identified in Modernization Act of 2003. This U.S.C. 3501–3521).

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Regulatory Flexibility Act (adjusted annually for inflation) in any PART 3—ADJUDICATION Because no notice of proposed given year. This rule would have no rulemaking was required in connection such effect on State, local, or tribal Subpart A—Pension, Compensation, with the adoption of this final rule, no governments, or the private sector. and Dependency and Indemnity Compensation regulatory flexibility analysis is required Catalog of Federal Domestic Assistance under the Regulatory Flexibility Act (5 Numbers U.S.C. 601–612). Even so, the Secretary I 1. The authority citation for part 3, hereby certifies that this regulatory The Catalog of Federal Domestic subpart A continues to read as follows: amendment will not have a significant Assistance program numbers for this Authority: 38 U.S.C. 501(a), unless economic impact on a substantial proposal are 64.104, 64.105, and 64.110. otherwise noted. number of small entities as they are List of Subjects in 38 CFR Part 3 defined in the Regulatory Flexibility I 2. In § 3.261, paragraph (a) is amended Act. Administrative practice and by adding entry (42) at the end of the procedure, Claims, Disability benefits, table to read as follows: Unfunded Mandates Health care, Pensions, Veterans, The Unfunded Mandates Reform Act Vietnam. § 3.261 Character of income; exclusions and estates. of 1995 requires, at 2 U.S.C. 1532, that Approved: February 10, 2005. agencies prepare an assessment of Gordon H. Mansfield, * * * * * anticipated costs and benefits before (a) * * * developing any rule that may result in Deputy Secretary of Veterans Affairs. an expenditure by State, local, or tribal I For the reasons set forth in the governments, in the aggregate, or by the preamble, 38 CFR part 3 is amended as private sector, of $100 million or more follows:

Pension; old-law Pension; section Dependency (par- Dependency and (veterans, surviving 306 (veterans, sur- Income ents) indemnity com- spouses and chil- viving spouses and See– pensation (parents) dren) children)

******* (42) Income received under the Excluded ...... Excluded ...... Excluded ...... Excluded ...... § 3.262 (aa) Medicare prescription drug dis- count card and transitional as- sistance program (42 U.S.C. 1395w–141(g)(6)).

I 3. Section 3.262 is amended by: § 3.263 Corpus of estate; net worth. (Authority: 38 U.S.C. 1833(c)) I a. Adding paragraph (aa) immediately * * * * * * * * * * following the first authority citation at (f) * * * (w) Medicare Prescription Drug the end of paragraph (z); and (Authority: Sec. 105, Pub. L. 100–383; 102 Discount Card and Transitional I b. Removing the second authority Stat. 905; Sec. 6. Pub. L. 102–371; 106 Stat. Assistance Program. The payments citation at the end of the section. 1167, 1168) received under the Medicare The addition reads as follows: * * * * * transitional assistance program and any § 3.262 Evaluation of income. (i) Medicare Prescription Drug savings associated with the Medicare Discount Card and Transitional * * * * * prescription drug discount card. Assistance Program. There shall be (aa) Medicare Prescription Drug (Authority: 42 U.S.C. 1395w–141(g)(6)) excluded from the corpus of estate or Discount Card and Transitional net worth of a claimant payments I 6. Section 3.275 is amended by: Assistance Program. For purposes of old received under the Medicare I a. Revising the authority citation for law pension, section 306 pension, and transitional assistance program and any paragraph (i). parents’ dependency and indemnity savings associated with the Medicare I b. Adding paragraph (k) immediately compensation, the payments received prescription drug discount card. following the first authority citation at under the Medicare transitional the end of paragraph (j). assistance program and any savings (Authority: 42 U.S.C. 1395w–141(g)(6)) I c. Removing the second authority associated with the Medicare I 5. Section 3.272 is amended by: citation at the end of the section. prescription drug discount card will not I a. Revising the authority citation at the The revision and addition read as be considered income. end of paragraph (u). follows: (Authority: 42 U.S.C. 1395w–141(g)(6)) I b. Adding paragraph (w) immediately § 3.275 Criteria for evaluating net worth. following the first authority citation at I 4. Section 3.263 is amended by: the end of paragraph (v). * * * * * I a. Adding an authority citation at the I c. Removing the second authority (i) * * * end of paragraph (f). citation at the end of the section. (Authority: 38 U.S.C. 1833(c)) I b. Adding paragraph (i) immediately The revision and addition read as following the first authority citation at follows: * * * * * the end of paragraph (h). (k) Medicare Prescription Drug I c. Removing the second authority § 3.272 Exclusions from income. Discount Card and Transitional citation at the end of section. * * * * * Assistance Program. There shall be The additions read as follows: (u) * * * excluded from the corpus of estate or

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net worth of a claimant payments holidays. Contact the person listed in by 9% in the DFW nonattainment area received under the Medicare the FOR FURTHER INFORMATION CONTACT for the years 1997–1999. We received no transitional assistance program and any paragraph below to make an new information that would change the savings associated with the Medicare appointment. If possible, please make approvability of the ROP target prescription drug discount card. the appointment at least two working calculations and none of the credits (Authority: 42 U.S.C. 1395w–141(g)(6)) days in advance of your visit. There will relied upon for meeting the ROP targets be a 15 cent per page fee for making have changed since our proposal date. [FR Doc. 05–5973 Filed 3–25–05; 8:45 am] photocopies of documents. On the day Therefore, this plan meets the BILLING CODE 8320–01–P of the visit, please check in at the EPA Reasonable Further Progress Region 6 reception area at 1445 Ross requirements of the Act (section Avenue, Suite 700, Dallas, Texas. 182(c)(2)). The MVEBs associated with ENVIRONMENTAL PROTECTION Copies of any State submittals and the 9% plan have been found to meet AGENCY EPA’s technical support document are the adequacy criteria, effective January also available for public inspection at 27, 2000, and are consistent with the 40 CFR Part 52 the State Air Agency listed below ROP plan. Therefore, they too are [TX–107–1–7496; FRL–7890–1] during official business hours by approvable. The adjustments to the 1990 appointment: base year emissions inventory improved Approval and Promulgation of Texas Commission on Environmental the inventory through improvements in Implementation Plans; Texas; Post Quality, Office of Air Quality, 12124 methodology implemented subsequent 1996 Rate-of-Progress Plan, Park 35 Circle, Austin, Texas 78753. to the submission of the original Adjustments to the 1990 Base Year FOR FURTHER INFORMATION CONTACT: inventory. Emissions Inventory, and Motor Herbert R. Sherrow, Jr., Air Planning Please refer to 66 FR 4764, January 18, Vehicle Emissions Budgets for the Section (6PD–L), Environmental 2001, and its technical support Dallas/Fort Worth Ozone Protection Agency, Region 6, 1445 Ross document for details on the 9% Plan, Nonattainment Area Avenue, Suite 700, Dallas, Texas 75202– the adjusted 1990 emissions inventory, and the MVEBs. AGENCY: Environmental Protection 2733, telephone (214) 665–7237; fax Agency (EPA). number 214–665–7263; e-mail address III. What Comments Were Received ACTION: Final rule. [email protected]. During the Public Comment Period, SUPPLEMENTARY INFORMATION: January 18, 2001, to March 19, 2001? SUMMARY: EPA is approving a State Throughout this document wherever Implementation Plan (SIP) revision for We did not receive any comments on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the State of Texas. This revision the 9% Plan, the MVEBs, or the the EPA. includes the Post 1996 Rate-of-Progress adjustments to the 1990 base year (ROP) plan, adjustments to the 1990 Outline emissions inventory. base year emissions inventory, and ROP I. What Action Is EPA Taking? IV. Final Action Motor Vehicle Emissions Budgets for II. What Is the Background for This Action? EPA is approving the Post 1996 Rate III. What Comments Were Received During the Dallas/Fort Worth (DFW) ozone of Progress plan, the adjustments to the nonattainment area. This plan shows the Public Comment Period, January 18, 2001, to March 19, 2001? 1990 base year emissions inventory, and planned emission reductions required the Motor Vehicle Emissions Budgets by the Clean Air Act (Act) from 1996 to IV. Final Action V. Statutory and Executive Order Reviews submitted by Texas on October 25, 1999 to improve air quality in the 1999, for the DFW ozone nonattainment Dallas/Fort Worth Area. The reductions I. What Action Is EPA Taking? area. The VOC MVEB for the ROP plan are from the 1990 base year emissions EPA is approving the Post 1996 Rate is 147.22 tons per day and the NOX inventory. The adjustments to the 1990 of Progress (ROP) plan, the adjustments MVEB is 284.14 tons per day. base year emissions inventory improve to the 1990 base year emissions V. Statutory and Executive Order that inventory. The Motor Vehicle inventory, and the Motor Vehicle Reviews Emissions Budgets are used for Emissions Budgets (MVEB) for the DFW determining conformity of ozone nonattainment area, submitted by Under Executive Order 12866 (58 FR transportation projects to the SIP. This Texas on October 25, 1999 and found 51735, October 4, 1993), this action is action satisfies the Act’s requirements complete on January 6, 2000. not a ‘‘significant regulatory action’’ and for a serious ozone nonattainment area’s therefore is not subject to review by the Post 1996 Rate-of-Progress requirements II. What Is the Background for This Office of Management and Budget. For and approves the Motor Vehicle Action? this reason, this action is also not Emissions Budgets under the Rate-of- We proposed approval of these SIP subject to Executive Order 13211, Progress Plan. elements on January 28, 2001. We ‘‘Actions Concerning Regulations That DATES: This rule is effective on April 27, waited to take final action until the Significantly Affect Energy Supply, 2005. issue on the appropriate use of the Distribution, or Use’’ (66 FR 28355, May ADDRESSES: Copies of the documents MOBILE5 on-road mobile emission 22, 2001). This action merely approves relevant to this action are in the official model was determined in Sierra Club v. state law as meeting Federal file which is available at the Air EPA, 356 F.3d 296 (DC Cir. 2004). The requirements and imposes no additional Planning Section (6PD–L), Court found that the use of MOBILE5 requirements beyond those imposed by Environmental Protection Agency, 1445 was acceptable even if a more recent state law. Accordingly, the Ross Avenue, Suite 700, Dallas, Texas version was available because MOBILE5 Administrator certifies that this rule 75202–2733. The file will be made was the best available version at the will not have a significant economic available by appointment for public time the plan was prepared. impact on a substantial number of small inspection in the Region 6 FOIA Review The Post 1996 ROP plan (9% plan) entities under the Regulatory Flexibility Room between the hours of 8:30 a.m. was designed to reduce ozone forming Act (5 U.S.C. 601 et seq.). Because this and 4:30 p.m. weekdays except for legal emissions from the baseline emissions rule approves pre-existing requirements

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under state law and does not impose absence of a prior existing requirement Filing a petition for reconsideration by any additional enforceable duty beyond for the State to use voluntary consensus the Administrator of this final rule does that required by state law, it does not standards (VCS), EPA has no authority not affect the finality of this rule for the contain any unfunded mandate or to disapprove a SIP submission for purposes of judicial review nor does it significantly or uniquely affect small failure to use VCS. It would thus be extend the time within which a petition governments, as described in the inconsistent with applicable law for for judicial review may be filed, and Unfunded Mandates Reform Act of 1995 EPA, when it reviews a SIP submission, shall not postpone the effectiveness of (Pub. L. 104–4). to use VCS in place of a SIP submission such rule or action. This action may not This rule also does not have tribal that otherwise satisfies the provisions of be challenged later in proceedings to implications because it will not have a the Clean Air Act. Thus, the enforce its requirements. (See section substantial direct effect on one or more requirements of section 12(d) of the 307(b)(2).) Indian tribes, on the relationship National Technology Transfer and between the Federal Government and Advancement Act of 1995 (15 U.S.C. List of Subjects in 40 CFR Part 52 Indian tribes, or on the distribution of 272 note) do not apply. This rule does Environmental protection, Air power and responsibilities between the not impose an information collection pollution control, Hydrocarbons, Federal Government and Indian tribes, burden under the provisions of the Intergovernmental relations, Nitrogen as specified by Executive Order 13175 Paperwork Reduction Act of 1995 (44 oxides, Ozone, Reporting and (65 FR 67249, November 9, 2000). This U.S.C. 3501 et seq.). recordkeeping requirements, Volatile action also does not have federalism The Congressional Review Act, 5 organic compounds. implications because it does not have U.S.C. 801 et seq., as added by the Small substantial direct effects on the States, Business Regulatory Enforcement Dated: March 8, 2005. on the relationship between the national Fairness Act of 1996, generally provides Richard E. Greene, government and the States, or on the that before a rule may take effect, the Regional Administrator, Region 6. distribution of power and agency promulgating the rule must I 40 CFR part 52 is amended as follows: responsibilities among the various submit a rule report, which includes a levels of government, as specified in copy of the rule, to each House of the PART 52—[AMENDED] Executive Order 13132 (64 FR 43255, Congress and to the Comptroller General August 10, 1999). This action merely of the United States. EPA will submit a I 1. The authority citation for part 52 approves a state rule implementing a report containing this rule and other continues to read as follows: Federal standard, and does not alter the required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq. relationship or the distribution of power the U.S. House of Representatives, and and responsibilities established in the the Comptroller General of the United Subpart SS—Texas Clean Air Act. This rule also is not States prior to publication of the rule in subject to Executive Order 13045 the Federal Register. A major rule I 2. In § 52.2270, the table in paragraph ‘‘Protection of Children from cannot take effect until 60 days after it (e) entitled ‘‘EPA approved Environmental Health Risks and Safety is published in the Federal Register. nonregulatory provisions and quasi- Risks’’ (62 FR 19885, April 23, 1997), This action is not a ‘‘major rule’’ as regulatory measures’’ is amended by because it is not economically defined by 5 U.S.C. 804(2). adding two new entries to the end of the significant. Under section 307(b)(1) of the Clean table to read as follows: In reviewing SIP submissions, EPA’s Air Act, petitions for judicial review of role is to approve state choices, this action must be filed in the United § 52.2270 Identification of plan. provided that they meet the criteria of States Court of Appeals for the * * * * * the Clean Air Act. In this context, in the appropriate circuit by May 27, 2005. (e) * * *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP

State ap- Name of SIP provision Applicable geographic proval/sub- EPA approval date Comments or nonattainment area mittal date

******* Approval of the Post-1996 Rate-of-Progress Dallas-Fort Worth ...... 10/25/1999 3/28/05, [Insert FR page Plan and Motor Vehicle Emission Budgets. number where docu- ment begins] Adjustments to the 1990 base year emissions Dallas-Fort Worth ...... 10/25/1999 3/28/05, [Insert FR page inventory. number where docu- ment begins]

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[FR Doc. 05–6042 Filed 3–25–05; 8:45 am] addresses: South Carolina Department including issuing permits, until the BILLING CODE 6560–50–P of Health and Environmental Control, State is granted authorization to do so. 2600 Bull Street, Columbia, South C. What Is the Effect of Today’s Carolina 29201, (803) 896–4174; and Authorization Decision? ENVIRONMENTAL PROTECTION EPA Region 4, Atlanta Federal Center, AGENCY Library, 61 Forsyth Street, SW., Atlanta, The effect of this decision is that a Georgia 30303; (404) 562–8190, John facility in South Carolina subject to 40 CFR Part 271 Wright, Librarian. RCRA will now have to comply with the [FRL–7889–8] authorized State requirements instead of FOR FURTHER INFORMATION CONTACT: the equivalent Federal requirements in South Carolina: Final Authorization of Thornell Cheeks, South Carolina order to comply with RCRA. South State Hazardous Waste Management Authorizations Coordinator, RCRA Carolina has enforcement Program Revision Programs Branch, Waste Management responsibilities under its State Division, U.S. Environmental Protection hazardous waste program for violations AGENCY: Environmental Protection Agency, Atlanta Federal Center, 61 of such program, but EPA retains its Agency (EPA). Forsyth Street, SW., Atlanta, GA, authority under RCRA sections 3007, ACTION: Immediate final rule. 30303–3104; (404) 562–8479. 3008, 3013, and 7003, which include, SUMMARY: SUPPLEMENTARY INFORMATION: among others, authority to: South Carolina has applied to • EPA for Final authorization of the Do inspections, and require A. Why Are Revisions to State monitoring, tests, analyses or reports; changes to its hazardous waste program Programs Necessary? • under the Resource Conservation and Enforce RCRA requirements and suspend or revoke permits; Recovery Act (RCRA). EPA has States which have received final • determined that these changes satisfy all authorization from EPA under RCRA Take enforcement actions regardless requirements needed to qualify for Final section 3006(b), 42 U.S.C. 6926(b), must of whether the State has taken its own authorization, and is authorizing the maintain a hazardous waste program actions. This action does not impose State’s changes through this immediate that is equivalent to, consistent with, additional requirements on the final action. EPA is publishing this rule and no less stringent than the Federal regulated community because the to authorize the changes without a prior program. As the Federal program regulations for which South Carolina is proposal because we believe this action changes, States must change their being authorized by today’s action are is not controversial and do not expect programs and ask EPA to authorize the already effective, and are not changed comments that oppose it. Unless we get changes. Changes to State programs may by today’s action. written comments which oppose this be necessary when Federal or State authorization during the comment statutory or regulatory authority is D. Why Wasn’t There a Proposed Rule period, the decision to authorize South modified or when certain other changes Before Today’s Rule? Carolina’s changes to their hazardous occur. Most commonly, States must EPA did not publish a proposal before waste program will take effect. If we get change their programs because of today’s rule because we view this as a comments that oppose this action, we changes to EPA’s regulations in 40 Code routine program change and do not will publish a document in the Federal of Federal Regulations (CFR) parts 124, expect comments that oppose this Register withdrawing this rule before it 260 through 266, 268, 270, 273 and 279. approval. We are providing an takes effect and a separate document in opportunity for public comment now. In the proposed rules section of this B. What Decisions Have We Made in addition to this rule, in the proposed Federal Register will serve as a proposal This Rule? rules section of today’s Federal Register to authorize the changes. We conclude that South Carolina’s we are publishing a separate document DATES: This Final authorization will applications to revise its authorized that proposes to authorize the State become effective on May 27, 2005, program meets all of the statutory and program changes. unless EPA receives adverse written regulatory requirements established by comment by April 27, 2005. If EPA RCRA. Therefore, we grant South E. What Happens If EPA Receives receives such comment, it will publish Carolina Final authorization to operate Comments That Oppose This Action? a timely withdrawal of this immediate its hazardous waste program with the If EPA receives comments that oppose final rule in the Federal Register and changes described in the authorization this authorization, we will withdraw inform the public that this authorization applications. South Carolina has this rule by publishing a document in will not take effect. responsibility for permitting Treatment, the Federal Register before the rule ADDRESSES: Send written comments to Storage, and Disposal Facilities (TSDFs) becomes effective. EPA will base any Thornell Cheeks, South Carolina within its borders (except in Indian further decision on the authorization of Authorizations Coordinator, RCRA Country) and for carrying out the the State program changes on the Programs Branch, Waste Management aspects of the RCRA program described proposal mentioned in the previous Division, U.S. Environmental Protection in its revised program application, paragraph. We will then address all Agency, Atlanta Federal Center, 61 subject to the limitations of the public comments in a later final rule. Forsyth Street, SW., Atlanta, GA, Hazardous and Solid Waste You may not have another opportunity 30303–3104; (404) 562–8479. The Amendments of 1984 (HSWA). New to comment. If you want to comment on application can be viewed electronically Federal requirements and prohibitions this authorization, you must do so at at http://www.regulation.gov. Electronic imposed by Federal regulations that this time. comments on the application can be EPA promulgates under the authority of If we receive comments that oppose made from this site. You may also e- HSWA take effect in authorized States only the authorization of a particular mail your comments to before they are authorized for the change to the State hazardous waste [email protected]. You can view requirements. Thus, EPA will program, we will withdraw that part of and copy South Carolina’s applications implement those requirements and this rule but the authorization of the from 9 a.m. to 4 p.m. at the following prohibitions in South Carolina, program changes that the comments do

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not oppose will become effective on the 29, 1994, effective January 30, 1995 (59 action became effective June 25, 2004. date specified above. The Federal FR 60901), April 26, 1996, effective June South Carolina Statues at sections 44– Register withdrawal document will 25, 1996 (61 FR 18502), October 4, 2000, 56–1 through 840 and sections 44–96– specify which part of the authorization effective December 4, 2000 (65 FR 10 through 470 allow the South Carolina will become effective, and which part is 59135) and August 21, 2001, effective Department of Health and being withdrawn. October 22, 2001 (66 FR 43798). Environmental Control to administer the F. What Has South Carolina Previously G. What Changes Are We Authorizing rules governing hazardous waste Been Authorized for? With Today’s Action? management. We now make an South Carolina initially received Final On November 11, 2004 South immediate final decision, subject to authorization on November 8, 1985, Carolina submitted a final complete receipt of written comments that oppose effective November 22, 1985 (50 FR program revision application, seeking this action, that South Carolina’s 46437) to implement the RCRA authorization of their changes in hazardous waste program revisions hazardous waste management program. accordance with 40 CFR 271.21. South satisfy all of the requirements necessary We granted authorization for changes to Carolina’s provisions consists of to qualify for Final authorization. their program on September 8, 1988, provisions promulgated July 1, 2002, Therefore, we grant South Carolina effective November 7, 1988 (53 FR through June 30, 2003, otherwise known Final authorization for the following 34758), February 10, 1993, effective as RCRA XIII. The rule adoption for the program changes: April 12, 1993 (58 FR 7865), November provisions of RCRA XIII covered in this

Federal requirements Federal Register Analogous state authority

Zinc Fertilizer Rule, Check- 67 FR 48393–48415; July SCHWM R.61–79.261.4. list 200, RCRA XIII, 24, 2002. SCHWM R.61–79.261.4(a)(20). HSWA/Non-HSWA. SCHWM R.61–79.261.4(a)(20)(i). SCHWM R.61–79.261.4(a)(20)(ii). SCHWM R.61–79.261.4(a)(20)(ii)(A). SCHWM R.61–79.261.4(a)(20)(ii)(B). SCHWM R.61–79.261.4(a)(20)(ii)(B)(1). SCHWM R.61–79.261.4(a)(20)(ii)(B)(2). SCHWM R.61–79.261.4(a)(20)(ii)(B)(3). SCHWM R.61–79.261.4(a)(20)(ii)(C). SCHWM R.61–79.261.4(a)(20)(ii)(D). SCHWM R.61–79.261.4(a)(20)(ii)(D)(1). SCHWM R.61–79.261.4(a)(20)(ii)(D)(2). SCHWM R.61–79.261.4(a)(20)(ii)(D)(3). SCHWM R.61–79.261.4(a)(20)(iii). SCHWM R.61–79.261.4(a)(20)(iii)(B). SCHWM R.61–79.261.4(a)(20)(iii)(C). SCHWM R.61–79.261.4(a)(20)(iii)(D). SCHWM R.61–79.261.4(a)(20)(iv). SCHWM R.61–79.261.4(a)(20)(v). SCHWM R.61–79.261.4(a)(21). SCHWM R.61–79.261.4(a)(21)(i). SCHWM R.61–79.261.4(a)(21) (i)(A). SCHWM R.61–79.261.4(a)(21)(i)(B). SCHWM R.61–79.261.4(a)(21)(ii). SCHWM R.61–79.261.4(a)(21)(iii). SCHWM R.61–79.261.4(a)(21)(iii)(A). SCHWM R.61–79.261.4(a)(21)(iii)(B). SCHWM R.61–79.261.4(a)(21)(iii)(C). SCHWM R.61–79.261.4(a)(21)(iii)(D). SCHWM R.61–79.261.4(a)(21)(iii)(E). SCHWM R.61–79.261.4(a)(21)(iii)(F). SCHWM R.61–79.266.20. SCHWM R.61–79.266.20(d). SCHWM R.61–79.266.20(d)(1). SCHWM R.61–79.266.20(d)(2). SCHWM R.61–79.268.40. Treatment Variance for Ra- 67 FR 62618–62624; Oc- SCHWM R.61–79.268.40/Table. dioactivity, Checklist 201, tober 7, 2002. RCRA XIII, HSWA Provi- sion. Hazardous Air Pollutant 67 FR 77687–77692; De- SCHWM R.61–79.270.19(e). Standards for cember 19, 2002. SCHWM R.61–79.270.22 (intro). Combuster—Corrections SCHWM R.61–79.270.62 (intro). 2, Checklist 202, RCRA SCHWM R.61–79.270.66 (intro). XIII, HSWA Provision.

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H. Where Are the Revised State Rules under State law and does not impose executive order. This rule does not Different From the Federal Rules? any additional enforceable duty beyond impose an information collection There are no State requirements that that required by State law, it does not burden under the provisions of the are more stringent or broader in scope contain any unfunded mandate or Paperwork Reduction Act of 1995 (44 than the Federal requirements. significantly or uniquely affect small U.S.C. 3501 et seq.). governments, as described in the The Congressional Review Act, 5 I. Who Handles Permits After the Unfunded Mandates Reform Act of 1995 U.S.C. 801 et seq., as added by the Small Authorization Takes Effect? (Public Law 104–4). For the same Business Regulatory Enforcement South Carolina will issue permits for reason, this action also does not Fairness Act of 1996, generally provides all the provisions for which it is significantly or uniquely affect the that before a rule may take effect, the authorized and will administer the communities of Tribal governments, as agency promulgating the rule must permits it issues. EPA will continue to specified by Executive Order 13175 (65 submit a rule report, which includes a administer any RCRA hazardous waste FR 67249, November 9, 2000). This copy of the rule, to each House of the permits or portions of permits which we action will not have substantial direct Congress and to the Comptroller General issued prior to the effective date of this effects on the States, on the relationship of the United States. EPA will submit a authorization. We will not issue any between the national government and report containing this document and more new permits or new portions of the States, or on the distribution of other required information to the U.S. permits for the provisions listed in the power and responsibilities among the Senate, the U.S. House of Table above after the effective date of various levels of government, as Representatives, and the Comptroller this authorization. EPA will continue to specified in Executive Order 13132 (64 General of the United States prior to implement and issue permits for HSWA FR 43255, August 10, 1999), because it publication in the Federal Register. A requirements for which South Carolina merely authorizes State requirements as major rule cannot take effect until 60 is not yet authorized. part of the State RCRA hazardous waste days after it is published in the Federal Register. This action is not a ‘‘major J. How Does Today’s Action Affect program without altering the rule’’ as defined by 5 U.S.C. 804(2). This Indian Country (18 U.S.C. 115) in South relationship or the distribution of power action will be effective May 27, 2005. Carolina? and responsibilities established by RCRA. This action also is not subject to List of Subjects in 40 CFR Part 271 South Carolina is not authorized to Executive Order 13045 (62 FR 19885, carry out its hazardous waste program April 23, 1997), because it is not Environmental protection, in Indian country within the State, economically significant and it does not Administrative practice and procedure, which includes the Catawba Indian make decisions based on environmental Confidential business information, Nation. Therefore, this action has no health or safety risks. This rule is not Hazardous material transportation, effect on Indian country. EPA will subject to Executive Order 13211, Hazardous waste, Indians-lands, continue to implement and administer ‘‘Actions Concerning Regulations That Intergovernmental relations, Penalties, the RCRA program in these lands. Significantly Affect Energy Supply, Reporting and recordkeeping K. What Is Codification and Is EPA Distribution, or Use’’ (66 FR 28355, May requirements. Codifying South Carolina’s Hazardous 22, 2001) because it is not a significant Authority: This action is issued under the Waste Program as Authorized in This regulatory action under Executive Order authority of sections 2002(a), 3006 and Rule? 12866. 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Codification is the process of placing Under RCRA section 3006(b), EPA the State’s statutes and regulations that grants a State’s application for Dated: March 17, 2005. comprise the State’s authorized authorization as long as the State meets A. Stanley Meiburg, hazardous waste program into the Code the criteria required by RCRA. It would Deputy Regional Administrator, Region 4. of Federal Regulations. We do this by thus be inconsistent with applicable law [FR Doc. 05–6040 Filed 3–25–05; 8:45 am] referencing the authorized State rules in for EPA, when it reviews a State BILLING CODE 6560–50–P 40 CFR part 272. We reserve the authorization application, to require the amendment of 40 CFR part 272, subpart use of any particular voluntary PP for this authorization of South consensus standard in place of another DEPARTMENT OF TRANSPORTATION Carolina’s program changes until a later standard that otherwise satisfies the date. requirements of RCRA. Thus, the National Highway Traffic Safety requirements of section 12(d) of the Administration L. Administrative Requirements National Technology Transfer and The Office of Management and Budget Advancement Act of 1995 (15 U.S.C. 49 CFR Part 571 has exempted this action from the 272 ) do not apply. As required by [Docket No. NHTSA–03–15351] requirements of Executive Order 12866 Section 3 of Executive Order 12988 (61 (58 FR 51735, October 4, 1993), and FR 4729, February 7, 1996), in issuing RIN 2127–AJ40 therefore this action is not subject to this rule, EPA has taken the necessary review by OMB. This action authorizes steps to eliminate drafting errors and Federal Motor Vehicle Safety State requirements for the purpose of ambiguity, minimize potential litigation, Standards; Child Restraint Systems RCRA section 3006 and imposes no and provide a clear legal standard for AGENCY: National Highway Traffic additional requirements beyond those affected conduct. EPA has complied Safety Administration (NHTSA), imposed by State law. Accordingly, I with Executive Order 12630 (53 FR Department of Transportation. certify that this action will not have a 8859, March 15, 1988) by examining the ACTION: Final rule, response to petitions significant economic impact on a takings implications of the rule in for reconsideration. substantial number of small entities accordance with the ‘‘Attorney under the Regulatory Flexibility Act (5 General’s Supplemental Guidelines for SUMMARY: This document responds to U.S.C. 601 et seq.). Because this action the Evaluation of Risk and Avoidance of petitions for reconsideration of a June authorizes pre-existing requirements Unanticipated Takings’ issued under the 24, 2003 final rule that incorporated

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improved test dummies and updated children weighing up to 30 kilograms provided a lower limit for the curve, procedures into Federal Motor Vehicle (kg) (65 pounds (lb)).1 The final rule and thus gave a tolerance band, or Safety Standard No. 213 and extended fulfilled a mandate in Section 14 of the corridor, for the acceleration of the sled the standard to child restraints Transportation Recall Enhancement, (TP–213–04, September 1, 1997; Section recommended for use by children Accountability and Documentation Act D.3.3). Prior to the TREAD Act weighing up to 30 kilograms (65 (the TREAD Act) (November 1, 2000, rulemaking, the corridor was about 3 to pounds). That final rule responded to Pub. L. 106–414, 114 Stat. 1800) that 4 g’s wide. To ensure that the Section 14 of the Transportation Recall NHTSA initiate a rulemaking for the acceleration of the sled was within the Enhancement, Accountability and purpose of improving the safety of child relatively narrow 3 to 4 g wide corridor, Documentation Act of 2000. NHTSA restraints. compliance tests were typically received petitions for reconsideration of As part of its response to the TREAD conducted at a DV of approximately 28.5 different aspects of the final rule from Act, NHTSA revised FMVSS No. 213 to mph. Ford and from Denton ATD. This update the test devices and procedures Changes to the Pulse. The TREAD Act document denies Ford’s petition and used in dynamically evaluating child directed NHTSA to initiate a rulemaking grants Denton’s. restraints for compliance with the to consider, among other matters, DATES: The amendments made in this standard. The final rule updated the seat whether FMVSS No. 213’s dynamic test rule are effective April 27, 2005. If you assembly on which child restraints are reflects the designs of modern-day wish to petition for reconsideration of tested to make the seat assembly more passenger motor vehicles. As part of its this rule, your petition must be received representative of those in today’s response to the Act, NHTSA analyzed by May 12, 2005. vehicles. The final rule changed the seat the crash pulses of over 150 vehicles bottom and the seat back cushion tested under FMVSS No. 208 and the ADDRESSES: If you wish to petition for angles, the spacing between the anchors agency’s frontal New Car Assessment reconsideration of this rule, you should of the lap belt, and, to replicate a rear Program (NCAP). Average crash pulses refer in your petition to the docket seating position, changed the seat back from tests of cars, sport utility vehicles number of this document and submit from a flexible seat back to a fixed one. (SUVs), trucks, and vans were obtained your petition to: Administrator, Room The agency also assessed and validated and then filtered. The peak velocity, 5220, National Highway Traffic Safety the reasonableness of the sled pulse. peak g, and duration of the crash pulse Administration, 400 Seventh Street, Sled pulse. In Standard No. 213’s were recorded. NHTSA determined in SW., Washington, DC 20590. dynamic sled test, a child restraint is that rulemaking that the crash pulse The petition will be placed in the tested with a crash test dummy on a used in FMVSS No. 213 was very docket. Anyone is able to search the representative vehicle bench seat (seat similar to the pulse of light trucks, SUVs electronic form of all documents assembly). The seat assembly, child and small school buses in acceleration received into any of our dockets by the restraint and test dummy are accelerated onset rate and peak magnitude. Because name of the individual submitting the in a manner simulating a vehicle crash. these vehicles were regularly used to comment (or signing the comment, if The child restraint must manage the transport children in child restraints, submitted on behalf of an association, force from the simulated crash so that the agency decided that a crash pulse business, labor union, etc.). You may the forces imparted to the dummy are that was not less than the severity of the review DOT’s complete Privacy Act kept within tolerable limits. The pulses generated by those vehicles was Statement in the Federal Register severity of the crash pulse is a function reasonable for FMVSS No. 213. Such a published on April 11, 2000 (Volume of its onset rate, peak acceleration, time pulse would better ensure (in contrast to 65, Number 70; Pages 19477–78), or you of peak g occurrence, and its duration. a less stringent pulse) that child may visit http://dms.dot.gov. FMVSS No. 213 has a relatively restraints will not structurally degrade FOR FURTHER INFORMATION CONTACT: For severe crash pulse, in that the sled is in a crash, will adequately restrain child non-legal issues, you may call Mike accelerated relatively quickly to an occupants and will limit to tolerable Huntley of the NHTSA Office of acceleration of approximately 24 g’s (24 levels the forces to a child’s head and Crashworthiness Standards, at 202–366– times the force of gravity) and maintains torso, regardless of the vehicle in which 0029. the 24 g level for a relatively long time the restraint is used. For legal issues, you may call Deirdre period (37 to 42 milliseconds) before Accordingly, the agency did not Fujita of the NHTSA Office of Chief returning to zero acceleration. A significantly revise the existing pulse Counsel, at 202–366–2992. dynamic test condition of FMVSS No. but instead adjusted it. The final rule You may send mail to both of these 213’s 48 kilometers per hour (kph) (30 adopted a trapezoidal-shaped corridor officials at the National Highway Traffic miles per hour) sled test is that the to define the upper and lower limits of Safety Administration, 400 Seventh St., acceleration of the test platform must be the pulse. The corridor was about 6 g’s SW., Washington, DC 20590. within a curve 2 depicted in the wide, which is 2 to 3 g’s wider than the SUPPLEMENTARY INFORMATION: standard (S6.1.1(b)(1)). The sled pulse formerly specified in FMVSS No. acceleration can not exceed the upper 213. Those changes achieved several Background limit of the curve. The laboratory test goals. Use of a trapezoidal shape to On June 24, 2003 (68 FR 37620; procedure (TP) for FMVSS No. 213 also define the maximum and minimum Docket NHTSA–15351), NHTSA corridors of the sled pulse made the published a final rule that made a 1 NHTSA published a technical amendment to the pulse similar in shape to those used in number of revisions to Federal Motor rule at 69 FR 42595, July 16, 2004 (Docket No. FMVSS No. 208, ‘‘Occupant crash Vehicle Safety Standard (FMVSS) No. 18075) which added cross-references to 49 CFR part protection,’’ and in ECE Regulation 44. 572 subpart S, ‘‘Hybrid III Six-Year-Old Weighted 213, ‘‘Child Restraint Systems,’’ Child Test Dummy.’’ The wider corridor enabled NHTSA to including amendments that 2 The curve depicted in Figure 2, S6.1.1(b)(1), test child restraints closer to 48 kph (30 incorporated improved child restraint applies to child restraints manufactured before mph) while maintaining the peak g test dummies and updated procedures August 1, 2005. Figure 2A, S6.1.1(b)(1), applies to acceleration of the standard’s pulse. The child restraints manufactured on or after August 1, used to test child restraints, and that 2005. Figure 2A and related amendments were wider corridor also made it easier for extended the application of the standard adopted into FMVSS No. 213 by the TREAD Act testing facilities to produce pulses that to restraints recommended for use by final rule. were within the limits of the corridor,

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which meant that more facilities could test laboratories to reproduce the sled tests if a narrower corridor were participate in FMVSS No. 213 testing. pulse, and achieve a V closer to 30 mph specified. The new pulse corridor The existing pulse was also extended than previously achievable. Some adopted by the final rule enables more from 80 ms to about 90 ms in duration. elements of the acceleration-time profile laboratories to participate in objective This change made the pulse more could be increased within the new compliance testing of child restraints representative of the crash pulses of corridor and to that extent, pulses of than before. today’s vehicles (including light trucks, increased average acceleration could fit Ford believes that the new corridor SUVs and small school buses), which the corridor. Nonetheless, regardless of allows a pulse that has an average are longer in duration than the existing the values of the individual components deceleration about 10% higher than the FMVSS No. 213 pulse. of the acceleration-time profile, the current pulse, and that this outcome is Ford Petition. Ford petitioned for values must be such that the pulses contrary to the agency’s intent not to reconsideration of the changes to the produced fit within the constraints of increase the severity of the current pulse sled test pulse specification. http:// the corridor. The corridor thus defines used to test child restraints. The dmses.dot.gov/docimages/pdf87/ and limits the severity of the pulse. petitioner states that the agency said in 251702_web.pdf Ford stated that the Yet, Ford is concerned that the new the preamble to the final rule that ‘‘the new pulse corridor would allow corridor allows test facilities to use pulse should not be made more severe increased average acceleration of the pulses that vary more in severity (based at this time.’’ 68 FR at 37640. The issue pulse, which Ford thought was contrary on average acceleration over the under consideration in the TREAD Act to the agency’s intent. Ford stated that duration of the pulse) than before. Ford final rule was whether the already broadening the pulse corridors from 3 g states that pulses that have a DV of 30 demanding FMVSS No. 213 24 g pulse to 6 g allows a 30 mph DV by increasing mph can potentially vary 25% in pulse should be made more severe than the average acceleration instead of severity, and that a corridor that allows pulses of today’s light trucks, SUVs and increasing pulse duration. Ford also a potential 25% variation in pulse small school buses. The agency decided stated that the difference between the severity is not sufficiently objective. The against such an increase because most and least severe 30 mph DV pulses petitioner suggests two approaches that ‘‘[i]ncreasing the severity could allowed by the corridor is about 25%. the agency could take to increase ‘‘the necessitate the redesign of many child The petitioner stated that a pulse velocity change of the pulse without restraints and could increase costs of the corridor that allows a potential 25% allowing a higher acceleration.’’ restraints to manufacturers, without a variation in pulse severity is not The most and least severe pulses that proportionate safety benefit.’’ Id. The sufficiently objective. Ford believed that the petitioner uses to illustrate the 25% agency recognized in the TREAD Act the agency intended to change the variation in average acceleration cannot final rule that the new pulse corridor corridor to test restraints at a higher be achieved by existing test sleds. That will improve the effectiveness of the velocity, i.e., closer to 30 mph, and that is, present day test equipment cannot standard’s sled test by enabling NHTSA NHTSA did not intend to specify a produce a pulse that is so severe as the to test child restraints closer to 30 mph pulse with a higher average theoretical pulse produced by Ford for than under the former pulse. The agency deceleration. Ford suggested a pulse illustration, nor as benign. As such, the acknowledged that child restraint tests corridor that the petitioner believed theoretical extreme severity difference run closer to 30 mph are more stringent would increase the velocity change of that Ford identifies does not exist in the than tests conducted under the former the pulse without allowing a higher real world. pulse, and that that was an intended acceleration. To the extent that some difference in outcome of the rule. Response: The broadening of the severity exists, we do not agree that the It is true that child restraints must FMVSS No. 213 pulse corridor does not test is not objective. FMVSS No. 213 meet the performance requirements of necessarily increase the average (S6.1.1(b)(1)) specifies that the tests for FMVSS No. 213 when tested to a pulse acceleration of a particular pulse testing add-on child restraints ‘‘are at a contained anywhere within the corridor. meeting the corridor. The agency does velocity change of 48 km/h with the However, the increase in the width of not consider average acceleration over acceleration of the test platform entirely the pulse corridor is not likely to affect the duration of a pulse as a single within the curve shown in Figure 2 (for the ability of child restraints to pass indicator of the severity of that pulse. child restraints manufactured before performance criteria. Agency tests have We consider the severity of a crash August 1, 2005) or in Figure 2A (for shown that child restraints are currently pulse to depend on the entire child restraints manufactured on or after manufactured with a wide compliance acceleration-time profile, including August 1, 2005). * * *’’ The standard margin when tested to the FMVSS No. onset rate, peak g, peak g time of clearly defines the trapezoidal-shaped 213 pulse. See 68 FR at 37634, Figures occurrence, and pulse duration. The corridor that delineates the upper and 1, 2 and 3. Thus, as a practical matter pulse formerly specified in the standard lower boundaries of the pulse. Anyone the new corridor is unlikely to fits entirely within the trapezoidal conducting the test is able to determine necessitate redesign of the restraints. corridor. Thus, for that pulse, the whether the pulse used fell within the Ford suggested two preferred pulse broadening of the corridor resulted in corridor. Use of identical pulses will corridors that petitioner believed would no increase in average acceleration. result in similar test results. The allow most sled tests to achieve a full 30 It is true that, with a broadened compliance of a child restraint will mph DV, but would limit pulse severity corridor, there is more flexibility given continue to be based on objective to about the same average acceleration for the different elements of the testing. level specified by the former pulse acceleration-time profile (onset rate, Objectivity in testing and evaluating corridor. The first widens the existing peak g, peak g time of occurrence, and child restraints was not only achieved FMVSS No. 213 pulse corridor after 65 pulse duration) to be individually by the final rule, it was also balanced ms. The second pulse corridor uses the increased or decreased to fine-tune the with the need to increase flexibility and trapezoidal pulse of the final rule, but fitting of the pulse within the practicability in conducting the test. has a peak acceleration at 22 g, instead constraints of the corridor. That was one Fewer pulses would fit a narrower of 25 g (between 9 and 56 ms). of the goals of the broadening of the corridor, but fewer test laboratories NHTSA believes that neither of the corridor: to allow greater flexibility to would be able to conduct compliance suggested corridors satisfies the goals of

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the rulemaking. The first suggestion to 300 ms effective duration of the test.’’ reference into that regulation, specify does not generally change the 2–3 g Ford stated that head injury criterion that the combined weight of the width of the pulse formerly specified in (HIC) and neck readings can be driven dummy’s shirt and pants be no more FMVSS No. 213 which many test upwards during the rebound phase of a than .25 kg (.55 lb) (49 CFR 572.144(c)). laboratories found difficult or HYGE sled test in tests of built-in seats. However, Denton stated, S9.1(e) of impossible to work with.3 The second Ford states that freestanding seat backs FMVSS No. 213 erroneously specifies pulse also maintains a 3 g width will bend forward during sled that the 3-year-old dummy’s shirt and between its upper and lower boundaries acceleration then rebound, pulling the pants each have a mass of .090 kg. The for most of the pulse and thus would dummy rearward, and may spring petitioner also believed that the create the same type of practical forward again after rebounding due to specification of the mass of the 6-year- difficulties that test labs had in meeting the braking of the sled. Ford maintains old dummy’s clothing is confusing (as the former FMVSS No. 213 pulse. In that the rebounding dummy in the built- specified in both S9.1(e) and (f)) and addition, the second suggested pulse is in child restraint can hit the seat back should be clarified. unacceptable because it does not fit the as it moves forward because of the sled The petition as to the clothing is previous FMVSS No. 213 pulse. It has braking, and can drive the HIC reading granted. This document amends S9.1(e) a peak acceleration that is lower than higher. Thus, Ford believes that the to make it consistent with the dummy the FMVSS No. 213 pulse (at 14, 20, and resulting dummy readings can be highly regulation and PADI. This final rule is 28 ms) and thus would reduce the dependent on sled braking after the also clarifying the clothing severity of the existing FMVSS No. 213 initial acceleration pulse. specifications for the Hybrid III 6-year- Response: NHTSA does not agree that crash pulse. Reducing the severity of the old dummy (correcting S9.1(e) to there is a need to specify expressly the pulse is contrary to the agency’s intent remove reference to that dummy and time during which the velocity change in amending the standard in this revising S9.1(f)). The agency does not should occur to account for the braking TREAD Act rulemaking. believe that these corrections will affect characteristics of the sled. We believe For the reasons explained above, the performance of the dummy or child that by specifying that there be a Ford’s request for reconsideration of the restraint in any way. sled pulse is denied. velocity change of 48 km/h and that the Ford on Braking: A second issue velocity change be achieved with the Shoes: Denton stated that there is an raised by Ford related to testing built-in acceleration of the test platform entirely inconsistency between the child restraint systems on a sled. (Built- within the curve shown in the standard, specifications in 49 CFR part 572 and in child restraints are tested either on a the test pulse is objectively stated. FMVSS No. 213 regarding the size and sled or by crash testing the specific Testing laboratories can alter the various weight of the shoes worn by the Hybrid vehicle in which the built-in restraint is components of the sled pulse, including III 3- and Hybrid III 6-year-old installed.) Ford stated that the test pulse braking characteristics, as long as the dummies. specification is not objectively stated for pulse has a velocity change of 48 km/ The PADI for the 3-year-old dummy sled tests of built-in seats because the h and the acceleration is entirely within (which is incorporated by reference into agency has not specified the period of the corridor. Further, the agency is not part 572) specifies a size 8 shoe, and time during which the velocity change aware of instances where a specific further specifies that each shoe must should occur. The petitioner stated: We braking profile between 90–300 ms weigh .21 +/¥0.05 kg (.47 +/¥.10 lb). believe that NHTSA intended that the influences dummy readings in FMVSS In contrast, FMVSS No. 213 specifies a DV specified in S6.1.1.1(b)(1) is the No. 213 sled tests. NHTSA maintains size 7M shoe size, and a total mass of velocity change prior to the sled that if the acceleration pulse remains .453 kg for the shoes for this dummy. D acceleration dropping to zero, rather within the corridor, at V = 30 mph, the Denton stated that the drawings and than the DV during the 90 ms maximum specification of a braking profile is the PADI for the Hybrid III 6-year-old unnecessary because the effect of pulse duration or the DV during the 200 dummy (which are incorporated by braking is minimal with respect to reference into 49 CFR part 572, Subpart 3 dummy readings—regardless of the type The suggested pulse also does not allow a small N) specify canvas oxford, size 13M deviance at time zero, which some sleds need to of dynamic test. For the aforementioned shoes and that each shoe weighs .38 +/ generate a pulse that fits within the corridor of the reasons, the petition for reconsideration ¥.05 kg (.83 +/¥.10 lb). The petitioner standard. See 67 FR at 21812–21813, NPRM for the is denied. TREAD Act discussing grant of petition for stated that in contrast, FMVSS No. 213 rulemaking from Transportation Research Center, 1 Denton Petition (S9.1(f)) specifies a size 12 ⁄2M canvas Inc. oxford with a total mass of .453 kg (1.00 Ford believes that test labs are able to meet a Denton ATD (Denton) petitioned narrow corridor because they can meet the corridor NHTSA to reconsider (correct) the lb). Denton stated that it can not find of FMVSS No. 208, which specifies a sled pulse that specification of the mass of the clothing shoes that meet the FMVSS No. 213 has a peak g variation of only 2.2 g. NHTSA notes worn by the Hybrid III 3-year-old weight specification in the specified that the 2.2 g spread between the upper and lower style. Denton suggested that the agency bounds of the FMVSS No. 208 corridor is only dummy incorporated into FMVSS No. maintained for a relatively short period of time, 213 by the TREAD Act final rule, and reconsider FMVSS No. 213’s between 55 and 70 ms, while the FMVSS No. 213 the specification for the shoes of the specification of shoe size and weight. pulse specifies that the peak acceleration must be maintained from about 13 to 47 ms. That is, it is Hybrid III 3- and 6-year-old dummies. Denton’s petition as to the shoes is easier to control the pulse for a shorter period (as The specifications are set forth by the also granted. The agency is amending in the FMVSS No. 208 pulse) than for a longer final rule in S9.1(e) and (f) of FMVSS S9.1(e) of the standard to specify that period (as in the FMVSS No. 213 pulse). Further, No. 213 for the Hybrid III 3- and Hybrid the shoes for the Hybrid III 3-year-old the acceleration onset rate specified in FMVSS No. 208 is much broader (longer in duration and III 6-year-old dummies, respectively. dummy are size 8 canvas oxford style ‘‘wider’’) than that specified in FMVSS No. 213, Clothing: The petitioner stated that sneakers weighing not more than 0.26 which allows test labs much greater flexibility in both the agency’s regulation (49 CFR kg each. The agency is amending S9.1(f) developing an acceleration curve that fits entirely Subpart P) specifying the Hybrid III 3- to specify that the shoes for the Hybrid within the curve. Therefore, the practicability of test labs of meeting the FMVSS No. 208 pulse does year-old dummy and the Procedure for III 6-year-old dummy are children’s size not show practicability of meeting the FMVSS No. Assembly, Disassembly and Inspection 13M canvas oxford style sneakers 213 pulse. (PADI) manual, incorporated by weighing not more than 0.43 kg each.

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The agency does not believe that these The rule will not have any substantial specified in those subparts, except that changes will affect the performance effects on the States, or on the current the shoes are children’s size 13 M measured under FMVSS No. 213. Federal-State relationship, or on the canvas oxford style sneakers weighing current distribution of power and not more than 0.43 kg each. Effective Date responsibilities among the various local * * * * * The amendments on the dummies’ officials. clothing and shoes are effective in 30 Issued on March 22, 2005. days. An effective date less than 180 National Environmental Policy Act Jeffrey W. Runge, days after date of publication of this rule NHTSA has analyzed this rulemaking Administrator. is in the public interest because these action for the purposes of the National [FR Doc. 05–5962 Filed 3–25–05; 8:45 am] amendments correct and clarify the Environmental Policy Act. The agency BILLING CODE 4910–59–P specifications for the clothing and has determined that implementation of shoes. Further, there is good cause for this action will not have any significant the effective date because FMVSS No. impact on the quality of the human DEPARTMENT OF COMMERCE 213 specifies that the agency will use environment. the Hybrid III dummies in the National Oceanic and Atmospheric Executive Order 12988 (Civil Justice standard’s compliance tests of child Administration restraints manufactured on or after Reform) August 1, 2005. This rule will not have any retroactive 50 CFR Part 679 effect. A petition for reconsideration or Rulemaking Analyses and Notices other administrative proceeding will not [Docket No. 041126333–5040–02; I.D. Executive Order 12866 (Federal be a prerequisite to an action seeking 032205C] Regulation) and DOT Regulatory judicial review of this rule. This rule Fisheries of the Economic Exclusive Policies and Procedures will not preempt the states from Zone Off Alaska; Deep-Water Species This rulemaking document was not adopting laws or regulations on the Fishery by Vessels Using Trawl Gear in reviewed under E.O. 12866, ‘‘Regulatory same subject, except that it will preempt the Gulf of Alaska Planning and Review.’’ The agency has a state regulation that is in actual considered the impact of this conflict with the Federal regulation or AGENCY: National Marine Fisheries rulemaking action under the makes compliance with the Federal Service (NMFS), National Oceanic and Department of Transportation’s regulation impossible or interferes with Atmospheric Administration (NOAA), regulatory policies and procedures, and the implementation of the Federal Commerce. has determined that it is not statute. ACTION: Closure. ‘‘significant’’ under them. This List of Subjects in 49 CFR Part 571 document amends FMVSS No. 213 to SUMMARY: NMFS is prohibiting directed correct the specification for the clothing Imports, Incorporation by reference, fishing for species that comprise the and shoes worn by the new 3- and 6- Motor vehicle safety, Reporting and deep-water species fishery by vessels year old child test dummies. The recordkeeping requirements, Tires. using trawl gear in the Gulf of Alaska correction does not affect the (GOA). This action is necessary because PART 571—FEDERAL MOTOR the first seasonal apportionment of the performance of the dummies or the VEHICLE SAFETY STANDARDS performance of child restraints. There 2005 Pacific halibut bycatch allowance are no cost or benefit changes associated I 1. The authority citation for part 571 specified for the deep-water species with this final rule. continues to read as follows: fishery in the GOA has been reached. DATES: Effective 1200 hrs, Alaska local Regulatory Flexibility Act Authority: 49 U.S.C. 322, 30111, 30115, time (A.l.t.), March 23, 2005, through The Regulatory Flexibility Act of 1980 30166 and 30177; delegation of authority at 49 CFR 1.50. 1200 hrs, A.l.t., April 1, 2005. (Public Law 96–354), as amended, FOR FURTHER INFORMATION CONTACT: Josh requires agencies to evaluate the I 2. S9.1(e) and (f) of § 571.213 are Keaton, 907–586–7228. potential effects of their proposed and revised as set forth below. final rules on small businesses, small SUPPLEMENTARY INFORMATION: NMFS organizations and small governmental § 571.213 Standard No. 213, Child restraint manages the groundfish fishery in the systems. jurisdictions. I hereby certify that this GOA exclusive economic zone rule will not have a significant * * * * * according to the Fishery Management economic impact on a substantial S9.1 Type of clothing. Plan for Groundfish of the Gulf of number of small entities. This final rule * * * * * Alaska (FMP) prepared by the North simply corrects an inconsistency in the (e) Hybrid III 3-year-old dummy (49 Pacific Fishery Management Council specification of clothing and shoes worn CFR Part 572, Subpart P). When used in under authority of the Magnuson- by the test dummies. It does not reduce testing under this standard, the dummy Stevens Fishery Conservation and or impose any new obligations or specified in 49 CFR Part 572, Subpart P, Management Act. Regulations governing requirements. is clothed as specified in that subpart, fishing by U.S. vessels in accordance except that the shoes are children’s size with the FMP appear at subpart H of 50 Executive Order 13132 (Federalism) 8 canvas oxford style sneakers weighing CFR part 600 and 50 CFR part 679. NHTSA has analyzed this rule in not more than 0.26 kg each. The first seasonal apportionment of accordance with the principles and (f) Hybrid III 6-year-old dummy (49 the 2005 Pacific halibut bycatch criteria contained in E.O. 13132, and CFR Part 572, Subpart N) and Hybrid III allowance specified for the deep-water has determined that it does not have 6-year-old weighted dummy (49 CFR species fishery in the GOA is 100 metric sufficient federalism implications to Part 572, Subpart S). When used in tons as established by the 2005 and warrant consultation with State and testing under this standard, the 2006 harvest specifications for local officials or the preparation of a dummies specified in 49 CFR Part 572, groundfish of the GOA (70 FR 8958, federalism summary impact statement. Subpart N and Subpart S, are clothed as February 24, 2005), for the period 1200

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hrs, A.l.t., January 20, 2005, through § 679.20(e) and (f) apply at any time species fishery by vessels using trawl 1200 hrs, A.l.t., April 1, 2005. during a trip. gear in the GOA. In accordance with § 679.21(d)(7)(i), Classification The AA also finds good cause to the Administrator, Alaska Region, waive the 30-day delay in the effective NMFS, has determined that the first This action responds to the best date of this action under 5 U.S.C. seasonal apportionment of the 2005 available information recently obtained 553(d)(3). This finding is based upon Pacific halibut bycatch allowance from the fishery. The Assistant the reasons provided above for waiver of specified for the trawl deep-water prior notice and opportunity for public species fishery in the GOA has been Administrator for Fisheries, NOAA comment. reached. Consequently, NMFS is (AA), finds good cause to waive the prohibiting directed fishing for the requirement to provide prior notice and This action is required by § 679.21 deep-water species fishery by vessels opportunity for public comment and is exempt from review under using trawl gear in the GOA. The pursuant to the authority set forth at 5 Executive Order 12866. species and species groups that U.S.C. 553(b)(B) as such requirement is Authority: 16 U.S.C. 1801 et seq. comprise the deep-water species fishery impracticable and contrary to the public Dated: March 22, 2005. are all rockfish of the genera Sebastes interest. This requirement is and Sebastolobus, deep-water flatfish, impracticable and contrary to the public Alan D. Risenhoover, rex sole, arrowtooth flounder, and interest as it would prevent NMFS from Acting Director, Office of Sustainable sablefish. responding to the most recent fisheries Fisheries, National Marine Fisheries Service. After the effective date of this closure data in a timely fashion and would [FR Doc. 05–6049 Filed 3–23–05; 2:33 pm] the maximum retainable amounts at delay the closure of the deep-water BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 58

Monday, March 28, 2005

This section of the FEDERAL REGISTER Correction of Publication ADDRESSES: Interested persons are contains notices to the public of the proposed Accordingly, the publication on invited to submit written comments issuance of rules and regulations. The concerning this proposal. Comments purpose of these notices is to give interested March 22, 2005 (70 FR 14477), is corrected as follows: must be sent to the Docket Clerk, persons an opportunity to participate in the Marketing Order Administration rule making prior to the adoption of the final 1. On page 14427, in the heading, rules. third line, the new DHS docket number Branch, Fruit and Vegetable Programs, should read: ‘‘DHS Docket Number AMS, USDA, 1400 Independence DHS–2005–0016.’’ Avenue SW., STOP 0237, Washington, DEPARTMENT OF HOMELAND DC 20250–0237; Fax: (202) 720–8938, or Mary Kate Whalen, SECURITY E-mail: [email protected], or Deputy Associate General Counsel for Internet: http://www.regulations.gov. All Office of the Secretary Regulations, Office of the General Counsel, comments should reference the docket U.S. Department of Homeland Security. number and the date and page number 6 CFR Part 5 [FR Doc. 05–6052 Filed 3–23–05; 4:33 pm] of this issue of the Federal Register and BILLING CODE 4410–10–P will be made available for public [DHS–2005–0016] inspection in the Office of the Docket Privacy Act of 1974; Implementation of Clerk during regular business hours, or DEPARTMENT OF AGRICULTURE Exemptions; Correction can be viewed at: http:// www.ams.usda.gov/fv/moab.html. Agricultural Marketing Service AGENCY: Office of the Secretary, DHS. FOR FURTHER INFORMATION CONTACT: Rose ACTION: Proposed rule; correction. Aguayo, California Marketing Field 7 CFR Part 983 Office, Marketing Order Administration SUMMARY: The Department of Homeland [Docket No. FV05–983–1 PR] Branch, Fruit and Vegetable Programs, Security (DHS) is correcting a notice of AMS, USDA, 2202 Monterey Street, proposed rulemaking that was Pistachios Grown in California; Suite 102B, Fresno, California 93721; published in the Federal Register on Establishment of Reporting Telephone: (559) 487–5901, Fax: (559) March 22, 2005, at 70 FR 14427 which Requirements; Notice of Request for 487–5906; or George Kelhart, Technical gives notice that DHS is concurrently New Information Collection Advisor, Marketing Order establishing a new system of records Administration Branch, Fruit and pursuant to the Privacy Act of 1974 for AGENCY: Agricultural Marketing Service, USDA. Vegetable Programs, AMS, USDA, 1400 the Bureau of Immigration and Customs Independence Avenue SW., STOP 0237, ACTION: Proposed rule. Enforcement, Student and Exchange Washington, DC 20250–0237; Visitor Program. In that proposed SUMMARY: This rule invites comments Telephone: (202) 720–2491, Fax: (202) rulemaking, the Department proposes to on the establishment of reporting 720–8938. exempt portions of this system of requirements authorized under the Small businesses may request records from one or more provisions of California pistachio marketing order information on complying with this the Privacy Act because of criminal, (order). The order regulates the handling regulation by contacting Jay Guerber, civil and administrative enforcement of pistachios grown in California and is Marketing Order Administration requirements. In the Heading of the administered locally by the Branch, Fruit and Vegetable Programs, proposed rulemaking, DHS Administrative Committee for AMS, USDA, 1400 Independence inadvertently mislabeled the DHS Pistachios (committee). These Avenue SW., STOP 0237, Washington, docket number associated with the additional reporting requirements DC 20250–0237; Telephone: (202) 720– rulemaking. DHS would like to would enable the committee to collect 2491, Fax: (202) 720–8938, or E-mail: announce that the DHS docket number information on: Pistachios failing to [email protected]. for submitting comments via to this meet quality and aflatoxin requirements; SUPPLEMENTARY INFORMATION: This notice is DHS–2005–0016. Directions for failing pistachios that are reworked or proposal is issued under Marketing submitting comments using this method disposed of in accordance with Order No. 983 (7 CFR part 983), are outlined within 70 FR 14427. applicable requirements; handlers regulating the handling of pistachios DATES: This correction is issued as of applying for exemptions; transfers of grown in California, hereinafter referred March 28, 2005. uninspected pistachios between to as the ‘‘order.’’ The order is effective FOR FURTHER INFORMATION CONTACT: Jeff regulated handlers; and inventories and under the Agricultural Marketing Ament, Department of Homeland shipments of pistachios. This document Agreement Act of 1937, as amended (7 Security Regulatory Coordinator, also announces the Agricultural U.S.C. 601–674), hereinafter referred to Department of Homeland Security, Marketing Service’s (AMS) intention to as the ‘‘Act.’’ Washington, DC 20528, (202) 205–8088. request approval from the Office of The Department of Agriculture SUPPLEMENTARY INFORMATION: Management and Budget (OMB) of a (USDA) is issuing this rule in new information collection. conformance with Executive Order Need for Correction DATES: Comments must be received by 12866. As published in the Federal Register May 27, 2005. Pursuant to the This proposal has been reviewed on March 22, 2005 (70 FR 14427), the Paperwork Reduction Act, comments on under Executive Order 12988, Civil document contains an error that is in the information collection burden must Justice Reform. This rule is not intended need of correction. be received by May 27, 2005. to have retroactive effect. This proposal

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will not preempt any State or local laws, Section 983.70 of the pistachio order purposes. Further, the information regulations, or policies, unless they exempts handlers who handle 1,000 collection does not duplicate that present an irreconcilable conflict with pounds or less of dried weight collected by any other Federal agency. this rule. pistachios (dried to 5 percent moisture) The committee estimates that this The Act provides that administrative from all aflatoxin and minimum quality action would impact no more than 20 proceedings must be exhausted before requirements. handlers of pistachios, and further parties may file suit in court. Under Under these authorities, the estimates that, on average, a handler section 608c(15)(A) of the Act, any committee, at its November 3, 2004, would expend no more than an average handler subject to an order may file meeting unanimously recommended of 11.8 minutes in completing each with USDA a petition stating that the establishing a new subpart ‘‘Rules and form. The total estimated annual burden order, any provision of the order, or any Regulations,’’ and a new section entitled for all six forms is estimated to be 92.4 obligation imposed in connection with ‘‘§ 983.147—Reports’’ to delineate and hours. the order is not in accordance with law define six new forms, ACP–2 through The committee believes that these and request a modification of the order ACP–7. The committee further clarified forms are easy to prepare and file, and or to be exempted therefrom. A handler this recommendation at its December place as small a reporting burden as is afforded the opportunity for a hearing 15, 2004, meeting. possible on handlers. These forms and on the petition. After the hearing USDA Detailed information on the burdens their respective burdens were discussed would rule on the petition. The Act created by these new forms is discussed at public meetings at which all affected provides that the district court of the later in this document. entities were encouraged to comment on United States in any district in which The recommended forms, ACP–2 the effect of requiring these forms to be through ACP–7, would be used by the the handler is an inhabitant, or has his completed and filed by pistachio committee to track pistachios that fail to or her principal place of business, has handlers. The Committee vote was meet minimum quality and maximum jurisdiction to review USDA’s ruling on unanimous, with 8 in favor and none aflatoxin requirements (ACP–2); track the petition, provided an action is filed opposed or abstaining. lots which have been reworked or not later than 20 days after the date of disposed of in accordance with Initial Regulatory Flexibility Analysis the entry of the ruling. marketing order requirements (ACP–3); Pursuant to requirements set forth in This proposal invites comments on identify handlers who handle 1,000 the Regulatory Flexibility Act (RFA), establishing reporting requirements dried pounds or less of pistachios per AMS has considered the economic authorized under the California production year (September 1–August impact of this action on small entities. pistachio order. The additional 31) (ACP–4) and properly apply Accordingly, AMS has prepared this reporting requirements would enable marketing order exemptions; identify initial regulatory flexibility analysis. the committee to collect information on: handlers who handle less than The purpose of the RFA is to fit (1) Pistachios failing to meet quality and 1,000,000 pounds of assessed weight regulatory actions to the scale of aflatoxin requirements; (2) failing pistachios per marketing year business subject to such actions in order pistachios that are reworked or disposed (September 1–August 31) (ACP–5) and that small businesses would not be under the marketing order; (3) handlers properly apply marketing order unduly or disproportionately burdened. applying for exemptions; (4) transfers of exemptions; track uninspected Marketing orders issued pursuant to the uninspected pistachios between pistachios that are transferred between Act, and the rules issued thereunder, are regulated handlers; and (5) inventories regulated handlers (ACP–6); and track unique in that they are brought about and shipments of pistachios. In monthly shipments and handler through group action of essentially accordance with the Paperwork inventories (ACP–7). small entities acting on their own Reduction Act of 1995 (44 U.S.C. The majority of the forms behalf. Thus, both statutes have small Chapter 35), this notice also announces recommended by the committee (ACP– entity orientation and compatibility. AMS’s intention to request approval 2 through APC–6) are new reporting There are approximately 20 handlers from OMB for a new information requirements, and do not duplicate of California pistachios subject to collection. The information collected information collected by any other regulation under the order and would facilitate administration of the Federal agency. One form, ACP–7 is approximately 741 producers in the marketing order. similar to a report required by the production area. Small agricultural Sections 983.38, 983.39, and 983.40 of California Pistachio Commission producers are defined by the Small the pistachio order specify maximum (commission), a program overseen by Business Administration (13 CFR aflatoxin requirements, minimum the State of California, under which 121.201) as those having annual receipts quality requirements, and failed lot California pistachio research and less than $750,000, and small rework and disposition procedures, promotion activities are implemented. agricultural service firms are defined as respectively. Because the commission is prohibited those whose annual receipts are less Sections 983.41 of the pistachio order from sharing confidential handler than $5,000,000. Eight of the 20 provides exemptions for certain information, the committee handlers subject to regulation have aflatoxin and quality testing recommended the ACP–7 be annual pistachio receipts of at least requirements for handlers who handle implemented for committee use to $5,000,000. In addition, 722 producers less than 1,000,000 pounds of assessed provide information necessary to have annual receipts less than $750,000. weight pistachios per marketing year administer the order. Because shipment Thus, the majority of handlers and (September 1–August 31). and inventory data is already compiled producers of California pistachios may Section 983.47 of the pistachio order by handlers for the commission, be classified as small entities. There are provides authority to require handlers to handlers may attach the commission an estimated eight USDA approved furnish such reports and information on report to the committee form to meet testing laboratories that may participate such forms as are needed to enable this new reporting requirement. Thus, in this program. At least half are handler USDA and the committee to perform handlers would not be duplicating their in-house operations and already their functions and enforce order efforts and both agencies would receive included in the estimated respondents. provisions. necessary data for respective program Other testing laboratories are

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government agencies. One other existing a report required by the commission, a that duplicate, overlap, or conflict with laboratory is part of the Dried Fruit program overseen by the State of this rule. A detailed discussion of the Association of California. We do not California, under which California six new forms follows. have specific information but believe pistachio research and promotion Paperwork Reduction Act that this association would be activities are implemented. considered a small entity. The committee debated the overall In accordance with the Paperwork This proposal invites comments on merits of the forms at its meetings, Reduction Act of 1995 (44 U.S.C. establishing reporting requirements deliberating over the value of the Chapter 35), AMS announces its authorized under the California information to be collected relative to intention to request an approval of a pistachio order. These additional the burden which each form would new information collection for the reporting requirements would enable impose on the regulated handlers. In the marketing order regulating pistachios the committee to collect information on: end, the committee concluded that the grown in California. (1) Pistachios failing to meet quality and information that would be collected is Title: Pistachios Grown in California; aflatoxin requirements; (2) failing necessary to properly administer the Marketing Order No. 983. pistachios that are reworked or disposed marketing order. It further concluded OMB Number: 0581–New. of in marketing order requirements; (3) that the burden was relatively small Type of Request: New collection. handlers applying for exemptions; (4) compared to the benefits that would be Abstract: These information transfers of uninspected pistachios accrued by the committee and industry collection requirements are essential to between regulated handlers; and (5) from the information obtained. carry out the intent of the Act, to inventories and shipments of pistachios. The committee discussed alternatives provide the respondents the type of In accordance with the Paperwork to establishing these reporting service they request, and to administer Reduction Act of 1995 (44 U.S.C. requirements including not adopting the California pistachio marketing order Chapter 35), this notice also announces ACP–4, as it was believed that this program which has been operating since AMS’s intention to request approval information might be obtained by staff 2004. from OMB for this new information during compliance audits. Upon On November 3, 2004, the Committee collection. The information collected reviewing the auditing procedure, unanimously recommended the would facilitate proper implementation committee members determined that establishment of a new subpart—‘‘Rules of the marketing order. utilization of the ACP–4 would be a and Regulations,’’ and a new section, Sections 983.38, 983.39, and 983.40 of more feasible means of obtaining ‘‘§ 983.147—Reports.’’ The Committee the pistachio order provide maximum information on identifying exempt further clarified this recommendation at aflatoxin requirements, and minimum handlers. Thus, the committee its December 15, 2004, meeting. Section quality requirements, and failed lot unanimously recommended all six 983.147 would require handlers and rework and disposition procedures, forms for implementation. It believes certain USDA approved testing respectively. that the information to be provided on laboratories to file up to six forms. Sections 983.41 of the pistachio order each of the recommended forms would These forms would enable the provides exemptions for certain be important to the administration of committee to obtain information on: aflatoxin and quality testing the order and would enhance committee Pistachios failing to meet quality and requirements for handlers who handle operations. aflatoxin requirements; pistachios that less than 1,000,000 pounds of assessed Further, the committee’s meetings are reworked and disposed of in weight pistachios per marketing year were widely publicized throughout the marketing channels; transfers of (September 1–August 31). pistachio industry and all interested uninspected pistachios between Section 983.47 of the pistachio order persons were encouraged to attend the regulated handlers; shipments and provides authority for the committee to meetings and participate in the inventories of pistachios and related require handlers to furnish such reports committee’s deliberations. Like all information, and identify handlers and information on such forms as are committee meetings, the November 3 eligible for marketing order exemptions. needed to enable the Secretary of and December 15, 2004, meetings were Approximately half of the handlers (8 of Agriculture and the committee to public meetings and entities of all sizes 20 estimated handlers and the Dried perform their functions and enforce were invited to express their views on Fruit Association of California) have the order provisions. these issues. capability to file reports electronically. Section 983.70 of the pistachio order Finally, interested persons are invited There are an estimated eight testing exempts handlers who handle 1,000 to submit information on the regulatory laboratories. At least half are handler in- pounds or less of dried weight and informational impacts of this action house operations which are included in pistachios (dried to 5 percent moisture) on small businesses. the estimated respondents. Other testing from all aflatoxin and minimum quality A small business guide on complying laboratories are government agencies. requirements. with fruit, vegetable, and specialty crop OMB does not require government Under these authorities, the marketing agreements and orders may agencies to be reported as respondents committee, at its November 3, 2004, be viewed at: http://www.ams.usda.gov/ for the purposes of the Paperwork meeting, unanimously recommended fv/moab.html. Any questions about the Reduction Act. One other existing establishing a new subpart ‘‘Rules and compliance guide should be sent to Jay laboratory is part of the Dried Fruit Regulations,’’ and a new section entitled Guerber at the previously mentioned Association of California, which is ‘‘§ 983.147—Reports’’ to delineate and address in the FOR FURTHER INFORMATION included as part of the estimate of define six new forms, ACP–2 through CONTACT section. respondents. ACP–7. The committee further clarified As with all Federal marketing order The information collected would be this recommendation at its December programs, reports and forms are used only by authorized representatives 15, 2004, meeting. periodically reviewed to reduce of the USDA, including AMS, Fruit and The majority of the reports information requirements and Vegetable Program regional and recommended by the committee are new duplication by industry and public headquarters staff, and authorized reporting requirements (ACP–2 through sector agencies. In addition, USDA has committee employees. Authorized APC–6). One form, ACP–7 is similar to not identified any relevant Federal rules committee employees are the primary

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users of the information and AMS is the Estimated Number of Responses per ACP–7 Monthly Report of Inventory/ secondary user. Such information Respondent: 5. Shipments would be kept confidential in Estimated Total Annual Burden on Handlers would use this form to accordance with the Act and order. Respondents: 20 hours. report their monthly inventory and Total Annual Estimated Burden ACP–4 FMO Exempt Handler domestic shipments of pistachios. Estimate of Burden: Public reporting The total burden for the proposed Notification Report Form burden for this collection of information information collection under the order Handlers would use this form to is estimated to average 12 minutes per is as follows: notify the committee that they handled response. Estimate of Total Burden per 1,000 pounds or less of dried pistachios Respondents: Persons who handle Response: Public reporting burden for during any marketing year (September 1 California pistachios. this collection of information is to August 31). Dried pistachios are those Estimated Number of Respondents: estimated to average less than 11.8 pistachios which have been dried to 20. minutes. approximately 5 percent moisture. Estimated Number of Responses per Estimated Number of Respondents: 20 Estimate of Burden: Public reporting Respondent: 12. (handlers and one laboratory). burden for this collection of information Estimated Total Annual Burden on Estimated Number of Responses per is estimated to average 6 minutes per Respondents: 48 hours. Respondent: 23.6 responses per handler response. Comments: Comments are invited on: per form. Respondents: Persons who handle (1) Whether this collection of Estimated Total Annual Burden on California pistachios. information is necessary for the proper Respondents: 92.4 hours. Estimated Number of Respondents: performance of the functions of the 10. Estimated Annual Burden for Each agency, including whether the Estimated Number of Responses per Form information would have practical Respondent: 1. For each new form, the proposed Estimated Total Annual Burden on utility; (2) the accuracy of the agency’s request for approval of the new Respondents: 1 hour. estimate of the burden of the proposed information collection under the order collection of information, including the is as follows: ACP–5 Minimal Testing Report Form validity of the methodology and Handlers who handle less than assumptions used; (3) ways to enhance ACP–2 Failed Lot Notification Form 1,000,000 pounds of assessed weight the quality, utility, and clarity of the Handlers would use this form to pistachios in a production year information to be collected; and (4) notify the committee of the failure of a (September 1–August 31) would use this ways to minimize the burden of the lot of pistachios to pass minimum size/ form to apply for committee approval to collection of information on those who quality requirements under the order. operate under the order’s minimal are to respond, including the use of USDA certified aflatoxin laboratories quantities provisions. appropriate automated, electronic, would use this form to notify the Estimate of Burden: Public reporting mechanical, or other technological committee of the failure of a lot of burden for this collection of information collection techniques or other forms of pistachios that exceeds the maximum is estimated to average 6 minutes per information technology. aflatoxin requirements under the order. response. Comments should reference OMB No. Estimate of Burden: Public reporting Respondents: Persons who handle 0581–New and the Marketing Order for burden for this collection of information less than 1,000,000 pounds of assessed Pistachios Grown in California, and be is estimated to average 12 minutes per weight California pistachios in the sent to the USDA in care of the Docket response. production year. Clerk at the previously-mentioned Respondents: Persons who handle Estimated Number of Respondents: address. All comments timely received California pistachios and testing 10. will be available for public inspection laboratory(s). Estimated Number of Responses per during regular business hours at the Estimated Number of Respondents: Respondent: 1. same address. 20. Estimated Total Annual Burden on All responses to this notice will be Estimated Number of Responses per Respondents: 1 hour. summarized and included in the request Respondent: 5. for OMB approval. All comments ACP–6 Inter-Handler Transfer Report Estimated Total Annual Burden on received will become a matter of public Respondents: 20 hours. Handlers would use this form to record and will be available for public notify the committee that they had inspection during regular business ACP–3 Failed Lot Disposition and transferred uninspected pistachios hours at the same address or at http:// Rework Report Form within the production area to another www.ams.usda.gov/fv/moab.html. Once Handlers would use this form to handler within the production area. the Web site page is opened, click on notify the committee of the disposition Estimate of Burden: Public reporting ‘‘pistachios’’ and find the docket or reworking of failed lots. This would burden for this collection of information number of this rule. Any comments enable the committee to verify that is estimated to average 12 minutes per received regarding this rule will be failed lots were disposed of in response. found in the ‘‘Comments’’ link. If no accordance with the marketing order. Respondents: Persons who transfer or comments have been received in Estimate of Burden: Public reporting receive uninspected California response to a rule, there will be no burden for this collection of information pistachios within the production area. ‘‘Comments’’ link available. is estimated to average 12 minutes per Estimated Number of Respondents: In summary, this proposal would response. 12. establish reporting requirements Respondents: Persons who handle Estimated Number of Responses per authorized under the California California pistachios. Respondent: 1. pistachio order. These additional Estimated Number of Respondents: Estimated Total Annual Burden on reporting requirements would enable 20. Respondents: 2.4 hours. the committee to collect information on:

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(1) Pistachios failing to meet quality and office within 10 days of disposition of DEPARTMENT OF TRANSPORTATION aflatoxin requirements; (2) failing the lot. Federal Aviation Administration pistachios that are reworked or disposed (c) ACP–4, Federal marketing order of in accordance with marketing order exempt handler notification. Each 14 CFR Part 73 requirements; (3) handlers applying for handler who handles 1,000 pounds or exemptions; (4) transfers of uninspected less of dried weight pistachios in a [Docket No. FAA–2005–20616; Airspace pistachios between regulated handlers; production year shall complete and Docket No. 05–ANM–04] and (5) inventories and shipments of pistachios. Additionally, it would allow furnish this report to the committee no RIN 2120–AA66 the Committee to obtain accurate later than November 15 of each information for preparation of the production year. Proposed Amendment to Restricted annual marketing policy statement, as (d) ACP–5, minimal testing form. Each Area 2211 Blair Lakes; AK required under the order. Any handler who handles less than AGENCY: Federal Aviation comments received will be considered 1,000,000 pounds of dried weight Administration (FAA), DOT. prior to finalization of this rule. pistachios in a production year and who Another form, ACP 1, was not ACTION: Notice of proposed rulemaking would like to request an exemption (NPRM). included with this approval request under the minimal quantities provisions because that form was part of a previous (Section 983.41) of the order shall SUMMARY: This action proposes to raise request, published in the Federal furnish this report to the committee the ceiling of Restricted Area 2211 (R– Register on December 10, 2004 (69 FR office no later than August 1 of each 2211), Blair Lakes, AK, from the current 71749). This form would be included in production year. 18,000 feet above mean sea level (MSL) the order at § 983.253, at such time that to Flight Level (FL) 310. The expanded it is approved. (e) ACP–6, inter-handler transfer. Each handler who transfers uninspected airspace is required to fulfill United List of Subjects in 7 CFR Part 983 pistachios to another handler within the States Air Force (USAF) training requirements. The current restricted Pistachios, Marketing agreements and production area shall complete the airspace at Blair Lakes is too small to orders, Reporting and recordkeeping ACP–6 and sign Part A. The transferring allow aircrew training in high altitude requirements. handler shall forward the original ACP– weapons delivery tactics. Specifically, For the reasons set forth in the 6 and one copy to the handler who the training requirements call for preamble, 7 CFR part 983 is proposed to receives the uninspected pistachios. The practicing the release of weapons from be amended as follows: transferring handler shall furnish one higher altitudes than are currently copy of ACP–6 to the committee within available within the existing restricted PART 983—PISTACHIOS GROWN IN 30 days of the transfer. The handler CALIFORNIA airspace. receiving the uninspected pistachios DATES: Comments must be received on 1. The authority citation for 7 CFR (receiving handler) shall sign Part B of or before May 12, 2005. part 983 continues to read as follows: the original ACP–6 and shall file it with ADDRESSES: Send comments on this Authority: 7 U.S.C. 601–674. the committee within 30 days of the transfer. proposal to the Docket Management 2. In part 983, a new subpart titled System, U.S. Department of ‘‘Subpart—Rules and Regulations’’ (f) ACP–7, monthly report of Transportation, Room Plaza 401, 400 consisting of § 983.147 is added to read inventory/shipments. Each handler of Seventh Street, SW., Washington, DC as follows: pistachios shall file this report with the 20590–0001. You must identify FAA committee by the 10th day of each Docket No. FAA–2005–20616 and Subpart—Rules and Regulations month for the previous month’s Airspace Docket No. 05–ANM–04, at the § 983.147 Reports. inventory and shipment information. beginning of your comments. You may (a) ACP–2, failed lot notification. Each (g) Exemptions. Handlers, who handle also submit comments through the handler shall notify the Administrative 1,000 pounds or less of dried pistachios Internet at http://dms.dot.gov. Committee for Pistachios (committee) of during any marketing year, are exempt FOR FURTHER INFORMATION CONTACT: Ken all lots which fail to meet the order’s from filing all forms with the exception McElroy, Airspace and Rules, Office of minimum quality requirements by of the ACP–4. System Operations and Safety, Federal Aviation Administration, 800 completing sections A and B of this (h) Records. Each handler shall Independence Avenue, SW., form. Handlers shall furnish this report maintain all records of pistachios Washington, DC 20591; telephone: (202) to the committee no later than 10 days received, held, shipped, and disposed of 267–8783. after test completion. Each USDA for at least 3 years following each crop SUPPLEMENTARY INFORMATION: approved aflatoxin testing laboratory year to show compliance with the shall complete section C of this report marketing order provisions. Comments Invited and forward this report and the failing aflatoxin test results to the committee Dated: March 23, 2005. Interested parties are invited to and to the handler within 10 days of the Kenneth C. Clayton, participate in this proposed rulemaking test failure. Acting Administrator, Agricultural Marketing by submitting such written data, views, (b) ACP–3, failed lot disposition and Service. or arguments, as they may desire. rework report. Each handler who [FR Doc. 05–6082 Filed 3–23–05; 3:56 pm] Comments that provide the factual basis reworks a failing lot of pistachios shall supporting the views and suggestions complete this report and shall forward BILLING CODE 3410–02–P presented are particularly helpful in it to the committee no later than 10 days developing reasoned regulatory after the rework is completed. If rework decisions on the proposal. Comments is not selected as a remedy, the handler are specifically invited on the overall shall submit the form to the committee regulatory, aeronautical, economic,

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environmental, and energy-related 18,000 feet MSL. The USAF has Authority: 49 U.S.C. 106(g), 40103, 40113, aspects of the proposal. proposed raising the ceiling of the area 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Communications should identify both because the existing restricted airspace 1963 Comp., p. 389. docket numbers (FAA Docket No. FAA– is too small to permit essential aircrew § 73.22 [Amended] 2005–20616 and Airspace Docket No. training in the tactics used in recent 2. Section 73.22 is amended as 05–ANM–04) and be submitted in real-world engagements. The current follows: triplicate to the Docket Management 18,000-foot MSL upper limit of the area System (see ADDRESSES section for is not sufficient to satisfy high altitude * * * * * address and phone number). You may weapons release training requirements. R–2211 Blair Lakes, AK [Amended] also submit comments through the The Proposal Boundaries. Beginning at lat. 64°29′58″ N., Internet at http://dms.dot.gov. long. 147°44′09″ W.; to lat. 64°19′58″ N., Commenters wishing the FAA to The FAA is proposing to amend Title long. 147°19′09″ W.; to lat. 64°13′28″ N., acknowledge receipt of their comments 14 Code of Federal Regulations (14 CFR) long. 147°32′08″ W.; to lat. 64°22′28″ N., on this action must submit with those part 73 (part 73) to modify R–2211 by long. 147°58′09″ W.; to the point of comments a self-addressed, stamped raising the ceiling from 18,000 feet MSL beginning. postcard on which the following to FL 310. The current restricted Time of designation. 0800 to 1800, local statement is made: ‘‘Comments to FAA airspace at Blair Lakes is too small to Monday through Friday, other times by Docket No. FAA–2005–20616 and allow aircrew training in high altitude NOTAM. Designated altitude. Surface to FL310. Airspace Docket No. 05–ANM–04.’’ The weapons delivery tactics. The purpose postcard will be date/time stamped and Controlling agency. FAA, Fairbanks of the proposed expansion of R–2211 is Approach Control. returned to the commenter. to accommodate high altitude, high Using agency. U.S. Air Force, 354th Fighter All communications received on or angle weapons delivery training to Wing, Eielson AFB, AK. before the specified closing date for fulfill USAF training requirements. comments will be considered before * * * * * The FAA has determined that this taking action on the proposed rule. The Issued in Washington, DC, March 22, 2005. proposed regulation only involves an proposal contained in this action may Edith V. Parish, established body of technical be changed in light of comments regulations for which frequent and Acting Manager, Airspace and Rules. received. All comments submitted will routine amendments are necessary to [FR Doc. 05–5965 Filed 3–25–05; 8:45 am] be available for examination in the keep them operationally current. BILLING CODE 4910–13–P public docket both before and after the Therefore, this proposed regulation: (1) closing date for comments. A report Is not a ‘‘significant regulatory action’’ summarizing each substantive public under Executive Order 12866; (2) is not DEPARTMENT OF COMMERCE contact with FAA personnel concerned a ‘‘significant rule’’ under Department of with this rulemaking will be filed in the Transportation (DOT) Regulatory Bureau of Industry and Security docket. Policies and Procedures (44 FR 11034; Availability of NPRM’s February 26, 1979); and (3) does not 15 CFR Parts 734 and 772 An electronic copy of this document warrant preparation of a regulatory [Docket No. 050316075–5075–01] evaluation as the anticipated impact is may be downloaded through the RIN 0694–AD29 Internet at http://dms.dot.gov. Recently so minimal. Since this is a routine published rulemaking documents can matter that will only affect air traffic Revision and Clarification of Deemed also be accessed through the FAA’s Web procedures and air navigation, it is Export Related Regulatory page at http://www.faa.gov or the certified that this proposed rule, when Requirements Federal Register’s Web page at http:// promulgated, will not have a significant www.gpoaccess.gov/fr/index.html. economic impact on a substantial AGENCY: Bureau of Industry and You may review the public docket number of small entities under the Security, Commerce. containing the proposal, any comments criteria of the Regulatory Flexibility Act. ACTION: Advance notice of proposed received, and any final disposition in Environmental Review rulemaking. person in the Dockets Office (see SUMMARY: The Bureau of Industry and ADDRESSES section for address and This proposal will be subject to the phone number) between 9 a.m. and 5 appropriate environmental analysis in Security (BIS) is reviewing the p.m., Monday through Friday, except accordance with FAA Order 1050.1D, recommendations contained in the U.S. Federal holidays. An informal docket Policies and Procedures for Considering Department of Commerce Office of may also be examined during normal Environmental Impacts, prior to any Inspector General Report entitled business hours at the office of the FAA final regulatory action. ‘‘Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Regional Air Traffic Division, Federal List of Subjects in 14 CFR Part 73 Aviation Administration, 1601 Lind Foreign Nationals in the U.S.’’ (Final Inspection Report No. IPE–16176– Avenue, #14, SW., Renton, WA 98055. Airspace, Navigation (air). Persons interested in being placed on March 2004). Certain of these a mailing list for future NPRM’s should The Proposed Amendment recommendations would require contact the FAA’s Office of Rulemaking, regulatory changes that would affect In consideration of the foregoing, the existing requirements and policies for (202) 267–9677, for a copy of Advisory Federal Aviation Administration Circular No. 11–2A, Notice of Proposed deemed export licenses. BIS is seeking proposes to amend 14 CFR part 73 as comments on how these revisions Rulemaking Distribution System, which follows: describes the application procedure. would affect industry, the academic PART 73—SPECIAL USE AIRSPACE community, and U.S. government Background agencies involved in research. The existing R–2211, at Blair Lakes, 1. The authority citation for part 73 DATES: Comments must be received by AK, extends from the surface up to continues to read as follows: May 27, 2005.

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ADDRESSES: You may submit comments, refurbish equipment exported from the For example, transfer of technology to identified by RIN 0694–AD29, by any of United States in order to permit the end- an Iranian who has established the following methods: user the full range of uses for an permanent residency or citizenship in • Federal eRulemaking Portal: http:// exported item, the same ‘‘use’’ Canada would be treated, for export www.regulations.gov. Follow the definition did not seem to apply to licensing purposes under the existing instructions for submitting comments. deemed exports (i.e., to foreign guidelines, as a deemed export to a • E-mail: [email protected]. Include nationals ‘‘using’’ the equipment in the Canadian foreign national. This policy ‘‘RIN 0694–AD29’’ in the subject line of United States). The OIG concluded that is described in the deemed export the message. it would be unlikely that one individual guidance provided on the BIS Web site • Fax: (202) 482–3355. would have the responsibility or at: http://www.bis.doc.gov/ • Mail or Hand Delivery/Courier: U.S. capability of accomplishing all of the DeemedExports/ Department of Commerce, Bureau of enumerated tasks that together DeemedExportsFAQs.html. Industry and Security, Regulatory Policy constitute ‘‘use’’ in most situations. In The OIG recommended that BIS Division, 14th & Pennsylvania Avenue, addition, the OIG also noted that two of amend its policy to require U.S. NW., Room 2705, Washington, DC the four multilateral control regimes organizations to apply for a deemed 20230, ATTN: RIN 0694–AD29. defined the term ‘‘use’’ either with an export license for employees or visitors FOR FURTHER INFORMATION CONTACT: Alex ‘‘or,’’ or without any conjunction (i.e., a who are foreign nationals and have Lopes, Director, Deemed Exports and bullet point list of the activities). access to dual-use controlled technology Electronics Division, Bureau of Industry The OIG further concluded that this if they were born in a country where the and Security, telephone: (202) 482– difference in interpretation is critical in technology transfer in question would 4875, or e-mail: [email protected]. determining how to implement and require an export license, regardless of Copies of the referenced OIG Report are enforce the deemed export provisions in their most recent citizenship or available at http://www.oig.doc.gov/oig/ the EAR. The OIG reported that U.S. permanent residency. academic and federal research reports/2004/BIS-IPE–16176–03– Clarification of Supplemental institutions generally use the 2004.pdf. Questions and Answers on Government fundamental research exemption under Sponsored Research and Fundamental SUPPLEMENTARY INFORMATION: the EAR for most of the research they Research Background conduct. However, when equipment is used by foreign nationals at a U.S. The OIG reviewed the questions and In its report, the Office of Inspector university or federal research facility, answers in Supplement No. 1 to part General (OIG) concluded that existing the OIG concluded that it is most likely 734 of the EAR. OIG noted that whereas BIS policies under the Export accompanied by some transmittal of use the questions and answers did not cover Administration Regulations (EAR) could or other information or instruction all scenarios, the intent was to help enable foreign nationals from countries constituting ‘‘technology.’’ According to potential license applicants understand and entities of concern to access the OIG, many of the academic and how BIS applies the EAR to specific otherwise controlled technology. federal officials the OIG met with had facts. The OIG reported that it Adopting the OIG’s recommendations to not contemplated the transfer of considered two of the answers provided address these concerns would entail technology associated with the ‘‘use’’ of may be inaccurate or unclear. regulatory or other administrative action equipment as a deemed export; others Answer to Question A(4) that would clarify the definition of contended that the transfer of ‘‘use’’ ‘‘use’’ technology subject to the EAR, technology related to equipment in Question A(4) from Supplement No. 1 base the requirement for a deemed furtherance of fundamental research is to part 734, which falls under the export license on a foreign national’s exempt under the regulations. The OIG ‘‘publication of technology’’ category, country of birth, and modify regulatory suggested that BIS revise the definition discusses whether ‘‘prepublication guidance on licensing of technology to of ‘‘use’’ in § 772.1 of the EAR to replace clearance’’ by a government sponsor (in foreign nationals working with the word ‘‘and’’ with the word ‘‘or,’’ as this case the Department of Energy) government-sponsored research and follows: would void the exemption in the EAR research conducted in universities. ‘‘Use’’. (All categories and General for material to be published and trigger the deemed export rule. See § 734.7. Definition of ‘‘Use’’ Technology Technology Note)—Means all aspects of ‘‘use,’’ such as: operation, installation (Published Information and Software). The OIG stated that confusion existed (including on-site installation) The answer states, ‘‘no * * * the over the definition and implementation maintenance (checking), repair, transaction is not subject to the EAR.’’ of controls associated with the ‘‘use’’ of overhaul, or refurbishing. The OIG stated that, according to equipment by foreign nationals in the § 734.11 of the EAR, if research is United States. In § 772.1 of the EAR, the Use of Foreign National’s Country of funded by the U.S. government and term ‘‘use’’ is defined as: ‘‘Operation, Birth as Criterion for Deemed Export national security controls are in place to installation (including on-site License Requirement protect any resulting information, the installation), maintenance (checking), Current BIS deemed export license research is subject to the EAR. repair, overhaul, and refurbishing.’’ The requirements are based on a foreign In its comments on the OIG report, OIG expressed concern about the national’s most recent citizenship or BIS concurred with the OIG that the presence of the word ‘‘and’’ in the permanent residency. The OIG answer to Question A(4) requires definition being interpreted to mean expressed concern that this policy clarification. BIS stated that it proposed that all of the activities enumerated in allows foreign nationals originally from to modify in the answer to Question the definition must be present in order countries of concern to obtain access to A(4) to state, by reference to Question to constitute ‘‘use.’’ controlled dual-use technology without A(2) in this Supplement, that, if the The OIG concluded that whereas, scrutiny if they maintain current government sponsor reviewer imposed under the ‘‘use’’ definition, BIS grants citizenship or permanent resident status restrictions on publication of the approval for foreign entities to operate, in a country to which the export of the research, then the technology would install, maintain, repair, overhaul, and technology would not require a license. continue to be subject to the EAR.

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Answer to Question D(1) will consider all comments received the crash stop requirements in our Question D(1), which falls under the before the close of the comment period tanker escort rules. ‘‘research, correspondence, and in developing a final rule. Comments DATES: Comments and related material informal scientific exchanges’’ category, received after the end of the comment must reach the Docket Management discusses whether a license would be period will be considered if possible, Facility on or before June 27, 2005. required for a foreign graduate student but their consideration cannot be ADDRESSES: You may submit comments to ‘‘work’’ in a laboratory. The answer assured. BIS will not accept public identified by Coast Guard docket provided in the supplement states, ‘‘not comments accompanied by a request number USCG–2003–14734 to the if the research on which the foreign that a part or all of the material be Docket Management Facility at the U.S. student is working qualifies as treated confidentially because of its Department of Transportation. To avoid ‘fundamental research’ ***’’ business proprietary nature or for any duplication, please use only one of the However, because allowing scientists, other reason. BIS will return such following methods: engineers, or students to work in a comments and materials to the persons (1) Web Site: http://dms.dot.gov. laboratory may necessitate their ‘‘use’’ submitting the comments and will not (2) Mail: Docket Management Facility, of equipment, the OIG stated that this consider them in the development of the U.S. Department of Transportation, 400 answer may lead a potential license final rule. All public comments on this Seventh Street, SW., Washington, DC applicant to assume that ‘‘use’’ of proposed rule must be in writing 20590–0001. equipment is covered under the (including fax or e-mail) and will be a (3) Fax: (202) 493–2251. fundamental research exemption. matter of public record, available for (4) Delivery: Room PL–401 on the In its comments on the OIG report, public inspection and copying. The Plaza level of the Nassif Building, 400 BIS agreed that the answer to question Office of Administration, Bureau of Seventh Street, SW., Washington, DC, D(1) requires clarification. BIS proposes Industry and Security, U.S. Department between 9 a.m. and 5 p.m., Monday to revise the answer for D(1) to qualify of Commerce, displays these public through Friday, except Federal holidays. the statement that no license is required, comments on BIS’s Freedom of The telephone number is (202) 366– by stating that, whereas no license is Information Act (FOIA) Web site at 9329. required for the transfer of technology to http://www.bis.doc.gov/foia. This office (5) Federal eRulemaking Portal: conduct ‘‘fundamental research,’’ a does not maintain a separate public http://www.regulations.gov. license may be required if, in inspection facility. If you have technical FOR FURTHER INFORMATION CONTACT: If conducting fundamental research, the difficulties accessing this Web site, you have questions on this proposed foreign graduate student needs access to please call BIS’s Office of rule, call Lieutenant Sam Stevens, G– technology to ‘‘use’’ equipment if the Administration at (202) 482–0637 for MSE–1, telephone (202) 267–0173, e- export of the equipment to the student assistance. mail: [email protected]. If you would require a license under the EAR. List of Subjects have questions on viewing or submitting Request for Comments material to the docket, call Ms. Andrea 15 CFR Part 734 M. Jenkins, Program Manager, Docket The Department of Commerce is Operations, telephone (202) 366–0271. interested in evaluating the impact that Administrative practice and the changes recommended by the OIG procedure, Exports, Inventions and SUPPLEMENTARY INFORMATION: patents, Research, Science and would have on U.S. industry, academic Public Participation and Request for technology. institutions, U.S. government agencies, Comments and holders of export controlled 15 CFR Part 772 technology. We encourage you to participate in To ensure public participation in the Exports. this rulemaking by submitting review process, BIS is soliciting Dated: March 23, 2005. comments and related materials. All comments received will be posted, comments for 60 days on this proposal. Matthew S. Borman, BIS is particularly interested in views without change, to http://dms.dot.gov Deputy Assistant Secretary for Export and will include any personal on the impact the proposal will have on Administration. technology developers and information you have provided. We [FR Doc. 05–6057 Filed 3–25–05; 8:45 am] have an agreement with the Department manufacturers, academic institutions, BILLING CODE 3510–33–P and U.S. government research facilities. of Transportation (DOT) to use the BIS is interested in receiving specific Docket Management Facility. Please see information regarding the impact of the DOT’s ‘‘Privacy Act’’ paragraph below. DEPARTMENT OF HOMELAND regulations, e.g., data on the number of Submitting comments: If you submit a SECURITY foreign nationals in the United States comment, please include your name and address, identify the docket number for who will face licensing requirements if Coast Guard the OIG’s recommendations were this rulemaking (USCG–2003–14734), indicate the specific section of this adopted, and impact of compliance with 33 CFR Part 168 the new licensing requirements—cost, document to which each comment resources, procedures. BIS is also [USCG–2003–14734] applies, and give the reason for each comment. You may submit your interested in receiving any alternative RIN 1625–AA65 (Formerly RIN 2115–AE10) suggestions regarding the concerns comments and material by electronic raised by the OIG. Escort Vessels for Certain Tankers— means, mail, fax, or delivery to the Parties submitting comments are Crash Stop Criteria Docket Management Facility at the asked to be as specific as possible. BIS address under ADDRESSES; but please encourages interested persons who wish AGENCY: Coast Guard, DHS. submit your comments and material by to comment to do so at the earliest ACTION: Notice of proposed rulemaking. only one means. If you submit them by possible date. mail or delivery, submit them in an The period for submission of SUMMARY: The Coast Guard proposes to unbound format, no larger than 81⁄2 by comments will close May 27, 2005, BIS make permanent the 1994 suspension of 11 inches, suitable for copying and

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electronic filing. If you submit them by respect to the crash stop provision, and 168.50(b)(2) should be permanently mail and would like to know that they it remains suspended today. removed from our regulations. The reached the Facility, please enclose a As long as the crash stop provision’s remainder of part 168 would not be stamped, self-addressed postcard or suspension remains in effect, we must affected by this removal. envelope. We will consider all continue to report the CGD 91–202 comments and material received during rulemaking on the Uniform Regulatory Regulatory Evaluation Agenda of the United States, the Federal the comment period. We may change This proposed rule is not a Government’s official list of ongoing this proposed rule in view of them. ‘‘significant regulatory action’’ under Viewing comments and documents: regulatory projects. CGD 91–202 appears To view comments, as well as in the most recent edition of the Agenda section 3(f) of Executive Order 12866, documents mentioned in this preamble at 69 FR 73240 (Dec. 13, 2004). Twice Regulatory Planning and Review, and as being available in the docket, go to each year, the Coast Guard spends does not require an assessment of http://dms.dot.gov at any time and valuable administrative time potential costs and benefits under conduct a simple search using the maintaining its Uniform Regulatory section 6(a)(3) of that Order. The Office docket number. You may also visit the Agenda reports, whether or not a of Management and Budget has not Docket Management Facility in room reported project is active. reviewed it under that Order. The PL–401 on the Plaza level of the Nassif For the reasons given under ‘‘Removal proposed rulemaking will allow us to Building, 400 Seventh Street SW., of Crash Stop Provision,’’ the Coast finalize the status quo and close out Washington, DC, between 9 a.m. and 5 Guard maintains the position it first CGD 91–202. adopted in 1994, that the crash stop p.m., Monday through Friday, except Small Entities Federal holidays. provision should not be implemented. Privacy Act: Anyone can search the Therefore, it is the Coast Guard position Under the Regulatory Flexibility Act electronic form of all comments that the crash stop provision’s 1994 (5 U.S.C. 601–612), we have considered received into any of our dockets by the suspension should be made permanent, whether this proposed rule would have name of the individual submitting the thereby allowing us to complete the a significant economic impact on a comment (or signing the comment, if CGD 91–202 rulemaking. substantial number of small entities. submitted on behalf of an association, Since 1998, the Coast Guard has used The term ‘‘small entities’’ comprises the Department of Transportation’s business, labor union, etc.). You may small businesses, not-for-profit Docket Management System (DMS) to review the Department of organizations that are independently make its rulemaking documents widely Transportation’s Privacy Act Statement owned and operated and are not in the Federal Register published on available to the public. DMS assigns dominant in their fields, and April 11, 2000 (65 FR 19477), or you unique docket numbers to each governmental jurisdictions with may visit http://dms.dot.gov. rulemaking, and the format of those docket numbers is not compatible with populations of less than 50,000. Public Meeting the Coast Guard’s pre-1998 conventions The application and impact of this We do not now plan to hold a public for numbering dockets. Therefore, if we proposed rulemaking is limited. First, meeting. But you may submit a request are ever to complete CGD 91–202 in a the escort vessel regulations only apply for one to the Docket Management way that makes our actions visible to to laden single hull tankers of 5,000 Facility at the address under ADDRESSES the public through DMS, we must gross tons or more operating on Prince explaining why one would be complete it under a new, DMS- William Sound or Puget Sound. We beneficial. If we determine that one compatible docket number. For that estimate the number of these tankers is would aid this rulemaking, we will hold reason, we opened the current 18. This figure will diminish over time one at a time and place announced by rulemaking under DMS docket number as these single hull tankers are phased a later notice in the Federal Register. USCG–2003–14734. In essence, when out of service, as required by OPA 90. we complete USCG–2003–14734, we Background Second, small entities typically do not will also complete CGD 91–202. own or operate vessels of this size. This rulemaking addresses These vessels are normally owned and ‘‘unfinished business’’ from 1994. In Removal of Crash Stop Provision operated by larger corporations, 1994, we published the final rule We received two public comments in including subsidiaries of major oil entitled Escort Vessels for Certain response to our 1994 notice suspending companies. As the proposed rulemaking Tankers under docket number CGD 91– 33 CFR 168.50(b)(2). We have placed would finalize the status quo, we do not 202, which adopted 33 CFR part 168 (57 both comments in the docket for USCG– believe that we would be imposing any FR 30058, Aug. 19, 1994). The rule drew 2003–14734. One comment supported new burden on small entities. on a study to determine the capabilities the suspension. The other forwarded a of escort vessels to control disabled copy of a technical evaluation of 33 CFR Therefore, the Coast Guard certifies tankers. The study was published in two 165.50(b), but did not address the crash under 5 U.S.C. 605(b) that this proposed parts (59 FR 1411, Jan. 10, 1994; 60 FR stop criteria at all. In 1995, the final rule would not have a significant 6345, Feb. 1, 1995). Preliminary data for results of the study of escort vessel economic impact on a substantial the second study became available after capabilities showed that the crash stop number of small entities. If you think publication of the final rule, but before criteria were not an effective that your business, organization, or the rule took effect. This preliminary performance characteristic for disabled governmental jurisdiction qualifies as a data indicated that it might be tankers. Subsequently, we noted a small entity and that this rule would dangerous to implement the final rule’s significant increase in tractor tug have a significant economic impact on crash stop provision, 33 CFR availability in the waters to which part it, please submit a comment to the 168.50(b)(2). Therefore, on November 1, 168 applies, which allows for more Docket Management Facility at the 1994 (59 FR 54519), we suspended the effective response and action when a address under ADDRESSES. In your crash stop provision before it could take tanker becomes disabled. Taken comment, explain why you think it effect with the other provisions of part together, these factors persuade us that qualifies and how and to what degree 168. No further action was taken with the crash stop provision of 33 CFR this rule would economically affect it.

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Assistance for Small Entities eliminate ambiguity, and reduce Environment burden. Under section 213(a) of the Small We have analyzed this proposed rule Business Regulatory Enforcement Protection of Children under Commandant Instruction M16475.lD, which guides the Coast Fairness Act of 1996 (Public Law 104– We have analyzed this proposed rule Guard in complying with the National 121), we want to assist small entities in under Executive Order 13045, Environmental Policy Act of 1969 understanding this proposed rule so that Protection of Children from (NEPA) (42 U.S.C. 4321–4370f), and they can better evaluate its effects on Environmental Health Risks and Safety have made a preliminary determination them and participate in the rulemaking. Risks. This proposed rule is not an that there are no factors in this case that If the rule would affect your small economically significant rule and would would limit the use of a categorical business, organization, or governmental not create an environmental risk to exclusion under section 2.B.2 of the jurisdiction and you have questions health or risk to safety that might Instruction. This proposed rule concerning its provisions or options for disproportionately affect children. compliance, please consult Lieutenant concerns regulations in aid of Sam Stevens, G–MSE–1, telephone (202) Indian Tribal Governments navigation and therefore we believe it 267–0173, e-mail: This proposed rule does not have should be categorically excluded, under [email protected]. The Coast tribal implications under Executive Figure 2–1, paragraph (34)(i) of the Guard will not retaliate against small Order 13175, Consultation and Instruction. A preliminary entities that question or complain about Coordination with Indian Tribal ‘‘Environmental Analysis Check List’’ is this rule or any policy or action of the Governments, because it would not have available in the docket where indicated Coast Guard. a substantial direct effect on one or under the ‘‘Public Participation and Request for Comments’’ section of this Collection of Information more Indian tribes, on the relationship between the Federal Government and preamble. Comments on this section This proposed rule would call for no Indian tribes, or on the distribution of will be considered before we make the new collection of information under the power and responsibilities between the final decision on whether this rule Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. should be categorically excluded from U.S.C. 3501–3520). further environmental review. Energy Effects Federalism List of Subjects in 33 CFR Part 168 We have analyzed this proposed rule A rule has implications for federalism under Executive Order 13211, Actions Marine safety, Navigation (water), under Executive Order 13132, Concerning Regulations That Reporting and recordkeeping Federalism, if it has a substantial direct Significantly Affect Energy Supply, requirements, Waterways. effect on State or local governments and Distribution, or Use. We have For the reasons discussed in the would either preempt State law or determined that it is not a ‘‘significant preamble, the Coast Guard proposes to impose a substantial direct cost of energy action’’ under that order because remove 33 CFR 168.50(b)(2). compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ PART 168—ESCORT REQUIREMENTS this proposed rule under that Order and under Executive Order 12866 and is not FOR CERTAIN TANKERS have determined that it does not have likely to have a significant adverse effect implications for federalism. on the supply, distribution, or use of 1. The authority citation for part 168 Unfunded Mandates Reform Act energy. The Administrator of the Office is revised to read as follows: of Information and Regulatory Affairs Authority: Section 4116(c), Pub. L. 101– The Unfunded Mandates Reform Act has not designated it as a significant 380, 104 Stat. 520 (46 U.S.C. 3703 note); of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not Department of Homeland Security Delegation Federal agencies to assess the effects of require a Statement of Energy Effects No. 170.1, para. 2(82). their discretionary regulatory actions. In under Executive Order 13211. particular, the Act addresses actions § 168.50 [Amended] that may result in the expenditure by a Technical Standards 2. In § 168.50, remove and reserve State, local, or tribal government, in the The National Technology Transfer paragraph (b)(2). aggregate, or by the private sector of and Advancement Act (NTTAA) (15 Dated: January 18, 2005. $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use T. H. Gilmour, This proposed rule would not result in voluntary consensus standards in their Rear Admiral, U.S. Coast Guard, Assistant Unfunded Mandates because it does not regulatory activities unless the agency Commandant for Marine Safety, Security and require regulatory actions that result in provides Congress, through the Office of Environmental Protection. such expenditures. Management and Budget, with an [FR Doc. 05–5970 Filed 3–25–05; 8:45 am] explanation of why using these Taking of Private Property BILLING CODE 4910–15–P standards would be inconsistent with This proposed rule would not effect a applicable law or otherwise impractical. taking of private property or otherwise Voluntary consensus standards are ENVIRONMENTAL PROTECTION have taking implications under technical standards (e.g., specifications AGENCY Executive Order 12630, Governmental of materials, performance, design, or Actions and Interference with operation; test methods; sampling 40 CFR Part 271 Constitutionally Protected Property procedures; and related management Rights. systems practices) that are developed or [FRL–7889–7] adopted by voluntary consensus Civil Justice Reform South Carolina: Final Authorization of standards bodies. State Hazardous Waste Management This proposed rule meets applicable This proposed rule does not use Program Revisions standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did Executive Order 12988, Civil Justice not consider the use of voluntary AGENCY: Environmental Protection Reform, to minimize litigation, consensus standards. Agency (EPA).

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ACTION: Proposed rule. comments that oppose this action, we Region 4 Library, Atlanta Federal will withdraw the immediate final rule Center, Library, 61 Forsyth Street, SW., SUMMARY: South Carolina has applied to and it will not take effect. We will then Atlanta, Georgia 30303; (404) 562–8190; EPA for Final authorization of the respond to public comments in a later or South Carolina Department of Health changes to its hazardous waste program final rule based on this proposal. You and Environmental Control, 2600 Bull under the Resource Conservation and may not have another opportunity for Street, Columbia, South Carolina 29201, Recovery Act (RCRA). EPA proposes to comment. If you want to comment on (803) 896–4174. grant final authorization to South this action, you must do so at this time. FOR FURTHER INFORMATION CONTACT: Carolina. In the ‘‘Rules and DATES: Send your written comments by Thornell Cheeks, South Carolina Regulations’’ section of this Federal April 27, 2005. Authorization Coordinator, RCRA Register, EPA is authorizing the changes ADDRESSES: Send written comments to Programs Branch, Waste Management by an immediate final rule. EPA did not Thornell Cheeks, South Carolina Division, U.S. Environmental Protection make a proposal prior to the immediate Authorization Coordinator, RCRA Agency, 61 Forsyth Street, SW., Atlanta, final rule because we believe this action Programs Branch, Waste Management GA 30303–3104; (404) 562–8479. is not controversial and do not expect Division, U.S. Environmental Protection SUPPLEMENTARY INFORMATION: For comments that oppose it. We have Agency, Atlanta Federal Center, 61 additional information, please see the explained the reasons for this Forsyth Street, SW., Atlanta, GA 30303– immediate final rule published in the authorization in the preamble to the 3104; (404) 562–8479. You may also e- ‘‘Rules and Regulations’’ section of this immediate final rule. Unless we get mail your comments to Federal Register. written comments which oppose this [email protected] or submit authorization during the comment your comments at http:// Dated: March 17, 2005. period, the immediate final rule will www.regulation.gov. You can examine A. Stanley Meiburg, become effective on the date it copies of the materials submitted by Deputy Regional Administrator, Region 4. establishes, and we will not take further South Carolina during normal business [FR Doc. 05–6041 Filed 3–25–05; 8:45 am] action on this proposal. If we get hours at the following locations: EPA BILLING CODE 6560–50–P

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Notices Federal Register Vol. 70, No. 58

Monday, March 28, 2005

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Agricultural Research Service public. Notices of hearings and investigations, committee meetings, agency decisions and Farm Service Agency Notice of Intent To Seek Approval To rulings, delegations of authority, filing of Collect Information petitions and applications and agency Title: Volunteer Program. AGENCY: USDA, Agricultural Research statements of organization and functions are OMB Control Number: 0560–0232. examples of documents appearing in this Service, National Agricultural Library. section. Summary of Collection: Section 1526 ACTION: Notice and request for of the Food and Agriculture Act of 1981 comments. (7 U.S.C. 2272) permits the Secretary of DEPARTMENT OF AGRICULTURE Agriculture to establish a program to use SUMMARY: In accordance with the volunteers to perform a wide range of Paperwork Reduction Act of 1995 (Pub. Submission for OMB Review; activities to carry out the programs of or L. 104–13) and Office of Management Comment Request supported by the Department of and Budget (OMB) regulations at 5 CFR March 22, 2005. Agriculture. While serving as a Farm part 1320 (60 FR 44978, August 29, The Department of Agriculture has and Foreign Agriculture Service (FFAS) 1995), this notice announces the submitted the following information volunteer each individual is subject to National Agricultural Library’s intent to collection requirement(s) to OMB for the same responsibilities and guidelines request approval for new information collection relating to the information review and clearance under the for conduct to which Federal employees needs of Library customers and Paperwork Reduction Act of 1995, are expected to adhere. These programs Public Law 104–13. Comments potential customers, and customers’ will provide a valuable service to the satisfaction with current Library regarding (a) whether the collection of agencies while allowing the participants information is necessary for the proper services. This voluntary survey gives to receive training, supervision and current and potential customers the performance of the functions of the work experience. agency, including whether the opportunity to provide feedback that information will have practical utility; Need and Use of the Information: will assist Library staff in revising (b) the accuracy of the agency’s estimate Applicants accepted for the Volunteer current services or creating new ones to of burden including the validity of the Programs will complete the ‘‘Service meet customers’ information needs methodology and assumptions used; (c) Agreement and Attendance Record’’. more effectively. ways to enhance the quality, utility and The programs will be used by FFAS in DATES: Comments on this notice must be clarity of the information to be Washington, DC, State, Local and received by June 1, 2005 to be assured collected; (d) ways to minimize the Regional Offices. The Agency will use of consideration. burden of the collection of information the recording information to respond to ADDRESSES: Address all comments on those who are to respond, including the Department of Agriculture and the concerning this notice to Mary Ann through the use of appropriate Office of Personnel Management request Leonard, Special Projects Coordinator, automated, electronic, mechanical, or for information on agency volunteers. If Information Research Services Branch, other technological collection the information were not collected for National Agricultural Library, 10301 techniques or other forms of information each volunteer, the Farm Service Baltimore Avenue, Beltsville, MD, technology should be addressed to: Desk Agency would be unable to document 20705–2351, telephone (301) 504–6500 Officer for Agriculture, Office of service performed without or fax (301) 504–6409. Submit electronic Information and Regulatory Affairs, compensation by persons in the comments to [email protected]. Office of Management and Budget program. SUPPLEMENTARY INFORMATION: (OMB), Title: National Agricultural Library [email protected] or Description of Respondents: Information Needs Assessment. fax (202) 395–5806 and to Departmental Individuals or households; Federal OMB Number: PRA#. Clearance Office, USDA, OCIO, Mail Government. Expiration Date: Three years from Stop 7602, Washington, DC 20250– Number of Respondents: 60. date of approval. 7602. Comments regarding these Type of Request: New data collection information collections are best assured Frequency of Responses: Reporting: from customers and potential customers of having their full effect if received Annually. of the National Agricultural Library. within 30 days of this notification. Total Burden Hours: 30. Abstract: Executive Order 12862 seeks Copies of the submission(s) may be to establish high quality customer Ruth Brown, obtained by calling (202) 720–8681. service standards within all federal An agency may not conduct or Departmental Information Collection agencies that provide significant sponsor a collection of information Clearance Officer. services directly to the public. The unless the collection of information [FR Doc. 05–6027 Filed 3–25–05; 8:45 am] National Agricultural Library (NAL) is displays a currently valid OMB control BILLING CODE 3410–05–M one such agency, mandated by the Farm number and the agency informs Bill of 1990 to serve as the primary potential persons who are to respond to agricultural resource of the United the collection of information that such States. In that role, NAL is called upon persons are not required to respond to to provide agricultural information and

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information products to a variety of (OMB) approval. All comments will In conjunction with the results of customers, including the Federal become a matter of public record. cognitive tests and focus groups, the Government, public and private Dated: March 11, 2005. 2003 National Census Test, and the organizations, and individuals, within Edward B. Knipling, 2004 Census Test, results from the 2005 the United States and internationally. NCT and the 2006 Census Test will help Therefore, in compliance with Administrator for Agricultural Research Service. us develop the optimal questionnaire Executive Order 12862, it seeks to issue and mailing strategy for the 2010 [FR Doc. 05–6026 Filed 3–25–05; 8:45 am] a survey to identify the customers it Census. Although the 2005 NCT does already serves, as well as those it should BILLING CODE 3410–03–P not include a nonresponse followup be serving; to determine the kind and (field) component, it will include a quality of services they want; and to telephone coverage followup assess their level of satisfaction with DEPARTMENT OF COMMERCE component. existing services. The results of this Affected Public: Individuals or survey will then be used to evaluate Submission for OMB Review; households. institutional performance, reform Comment Request Frequency: One time. management practices, and reallocate DOC has submitted to the Office of Respondent’s Obligation: Mandatory. resources to services in line with Management and Budget (OMB) for Legal Authority: Title 13, U.S.C., customer needs and expectations. If the clearance the following proposal for Sections 141 and 193. information is not collected, NAL will collection of information under the OMB Desk Officer: Susan Schechter, be hindered from advancing its mandate provisions of the Paperwork Reduction (202) 395–5103. to provide accurate, timely and easily Act (44 U.S.C. chapter 35). Copies of the above information accessible agricultural information to its Agency: U.S. Census Bureau. collection proposal can be obtained by customers. Title: 2005 National Census Test. calling or writing Diana Hynek, The entire information collection Form Number(s): Too numerous to list Departmental Paperwork Clearance process will be conducted here. Officer, (202) 482–0266, Department of electronically. NAL will store its Agency Approval Number: None. Commerce, room 6625, 14th and customer survey on a Web server. It will Type of Request: New collection. Constitution Avenue, NW., Washington, then invite customers and potential Burden: 70,000 hours. DC 20230 (or via the Internet at customers to take the survey via a Number of Respondents: 420,000. [email protected]). broadly distributed email invitation. Written comments and Avg Hours Per Response: 10 minutes. This invitation will include a link to the recommendations for the proposed Needs and Uses: The U.S. Census survey, where customers will answer information collection should be sent Bureau requests authorization from the the questions using pull-down menus, within 30 days of publication of this Office of Management and Budget checkboxes, or radio buttons. notice to Susan Schechter, OMB Desk (OMB) to conduct the 2005 National Estimate of Burden: Public reporting Officer either by fax (202–395–7245) or Census Test (NCT). burden for this collection of information e-mail ([email protected]). is estimated to average 15 minutes per Census 2000 was an operational and Dated: March 22, 2005. respondent. data quality success. However, that Respondents: Individuals or success was achieved at great Madeleine Clayton, households; Business or other for-profit operational risk and great expense. In Management Analyst, Office of the Chief institutions; Not-for-profit institutions; response to the lessons learned from Information Officer. Farms; Federal Government; State, local Census 2000, and in striving to better [FR Doc. 05–5987 Filed 3–25–05; 8:45 am] or tribal governments. meet our Nation’s ever-expanding needs BILLING CODE 3510–07–P Estimated Number of Respondents: for social, demographic, and geographic 5,000. information, the U.S. Department of Estimated Total Annual Burden on Commerce and the Census Bureau have DEPARTMENT OF COMMERCE Respondents: 1,250 hours. developed a multi-year effort to Comments: Comments are invited on completely modernize and re-engineer Submission for OMB Review; (a) whether the proposed collection of the 2010 Census of Population and Comment Request information is necessary for the proper Housing. DOC has submitted to the Office of performance for the functions of the In order to meet our constitutional Management and Budget (OMB) for agency, including whether the and legislative mandates, we must clearance the following proposal for information will have practical utility; implement a re-engineered 2010 Census collection of information under the (b) the accuracy of the agency’s estimate that is cost-effective; improves coverage; provisions of the Paperwork Reduction of the burden of the proposed collection and reduces operational risk. Achieving Act (44 U.S.C. chapter 35). of information, including the validity of this strategic goal requires an iterative Agency: U.S. Census Bureau. the methodology and the assumptions series of tests to provide an opportunity Title: Monthly Wholesale Trade used; (c) ways to enhance the quality, to evaluate new or improved question Survey. utility, and clarity of the information to wording, methodology, technology, and Form Number(s): SM–42(00). be collected; and (d) ways to minimize questionnaire design. The 2005 NCT, Agency Approval Number: 0607– the burden of the collection of which is part of the test cycle leading up 0190. information on those who respond, to the 2010 Census, is one of a series of Type of Request: Extension of a including the use of appropriate tests that has been planned to allow us currently approved collection. automated, electronic, mechanical, or to finalize content, methodology, and Burden: 5,600 hours. other technology. Comments should be operational procedures in time to Number of Respondents: 4,000. sent to the address in the preamble. All conduct a Dress Rehearsal in 2008. Avg Hours Per Response: 7 minutes. responses to this notice will be The 2005 NCT is a mailout/mailback Needs and Uses: The U.S. Census summarized and included in the request test designed to evaluate variations of Bureau requests a three-year extension for Office of Management and Budget questionnaire content and methodology. of the current OMB approval of the

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Monthly Wholesale Trade Survey methods of inventory valuation, and Operations, Office 7, Import (MWTS). The MWTS canvasses firms inventories/sales ratios. Administration, International Trade primarily engaged in merchant The BEA is the primary Federal user Administration, U.S. Department of wholesale trade, except manufacturing of data collected in the MWTS. The BEA Commerce, 14th Street and Constitution sales branches and offices, that are uses this information to prepare the Avenue, NW, Washington DC 20230; located in the United States. This survey national income and product accounts telephone: (202) 482–2924 or (202) 482– provides the only continuous measures (NIPA), input-output accounts (I–O), 0649, respectively. of monthly wholesale sales, end-of- and gross domestic product (GDP) by month inventories, method of inventory industry. Background valuation, and inventories/sales ratios. The Bureau of Labor Statistics (BLS) On August 31, 2004, the Department The sales and inventory estimates uses the data as input to its Producer produced from the MWTS provide Price Indexes and in developing of Commerce (the Department) received current trends of economic activity by productivity measurements. Private a timely request from Hilton Forge to kind of business for the United States. businesses use the wholesale sales and conduct a new shipper review of the Also, the estimates compiled from this inventory data in computing business antidumping duty order on certain survey provide valuable information for activity indexes. Other government forged stainless steel flanges from India, economic policy decisions by the agencies and businesses use this sold in, or exported to the United States. government and are widely used by information for market research, On October 6, 2004, the Department private businesses, trade organizations, product development, and business published a notice of initiation of this professional associations, and other planning to gauge the current trends of new shipper review, covering the period business research and analysis the economy. of February 1, 2004 through July 31, organizations. Affected Public: Business or other for- 2004 (69 FR 59897). The preliminary profit. The estimates produced by the MWTS results are currently due no later than Frequency: Monthly. are critical to the accurate measurement Respondent’s Obligation: Voluntary. March 29, 2005. of total economic activity of the United Legal Authority: Title 13 U.S.C. States. The estimates of sales made by Extension of Time Limits for Section 182. Preliminary Results wholesale locations represent only OMB Desk Officer: Susan Schechter, merchant wholesalers, except (202) 395–5103. Section 751(a)(2)(B)(iv) of the Tariff manufacturing sales branches and Copies of the above information Act of 1930, as amended (the Tariff Act), offices, who take title to goods bought collection proposal can be obtained by requires the Department to complete the for resale to other companies. calling or writing Diana Hynek, preliminary results of a new shipper Wholesalers normally sell to industrial Departmental Paperwork Clearance review within 180 days after the date on distributors, retail operations, Officer, (202) 482–0266, Department of which the new shipper review was cooperatives, and other businesses. The Commerce, room 6625, 14th and initiated. However, if it is not sales estimates include sales made on Constitution Avenue, NW., Washington, practicable to complete the review credit as well as on a cash basis, but DC 20230 (or via the Internet at within these time periods because the exclude receipts from sales taxes and [email protected]). interest charges from credit sales. Written comments and review is extraordinarily complicated, The estimates of merchandise recommendations for the proposed section 751(a)(2)(B)(iv) of the Tariff Act inventories represent all merchandise information collection should be sent allows the Department to extend the owned and held in wholesale locations, within 30 days of publication of this time limit for the preliminary results to warehouses, and offices, as well as notice to Susan Schechter, OMB Desk a maximum of 300 days after the date goods owned by wholesalers but held by Officer either by fax (202–395–7245) or of initiation of a new shipper review. others for sale on consignment, in third- e-mail [email protected]. We are extending the deadline for the party warehouses, or in transit for Dated: March 22, 2005. preliminary results of this review an distribution to wholesale establishments Madeleine Clayton, additional 120 days, as a result of the or their customers. The estimates of complicated issues in this review. In Management Analyst, Office of the Chief merchandise inventories exclude Information Officer. order to accurately complete our fixtures and supplies not for resale, as [FR Doc. 05–5988 Filed 3–25–05; 8:45 am] analysis, we need to gather additional well as merchandise held on BILLING CODE 3510–07–P information from Hilton concerning its consignment which are owned by U.S. and home market selling activities. others. Inventories are an important Additionally, we need to gather component in the Bureau of Economic DEPARTMENT OF COMMERCE information concerning the role, if any, Analysis’ (BEA) calculation of the that related parties may have played in investment portion of the Gross International Trade Administration Hilton’s manufacture and sale of Domestic Product (GDP). [A–553–809] flanges. This makes it impracticable to We publish wholesale sales and complete the preliminary results of this inventory estimates based on the North Forged Stainless Steel Flanges From review within the originally anticipated American Industry Classification India: Extension of Time Limit for time limit. Accordingly, the Department System (NAICS) which has been widely Preliminary Results of Antidumping is extending the time limit for adopted throughout both the public and Duty New Shipper Review completion of the preliminary results of private sectors. this new shipper review until no later The Census Bureau tabulates the AGENCY: Import Administration, collected data to provide, with International Trade Administration, than July 27, 2005, which is 300 days measurable reliability, statistics on U.S. Department of Commerce. after the date of initiation. We intend to merchant wholesale, except EFFECTIVE DATE: March 28, 2005. issue the final results no later than 90 manufacturing sales branches and FOR FURTHER INFORMATION CONTACT: Fred days after publication of the preliminary offices, sales, end-of-month inventories, Baker or Robert James, AD/CVD results notice.

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Dated: March 21, 2005. within the statutory time limit, because data systems at informal education Barbara E. Tillman, of the complicated issues in this review, venues. These ‘‘Science on a Sphere’’ Acting Deputy Assistant Secretary for Import including the reporting of home market installations will be funded by way of Administration. downstream sales and the reporting of one- to three-year cooperative [FR Doc. E5–1368 Filed 3–25–05; 8:45 am] physical product characteristics. agreements. It is anticipated that final BILLING CODE 3510–DS–S Analysis of these issues requires recommendations for funding under this additional time and makes it announcement will be made in mid impracticable to complete the Calendar Year 2005, and that projects DEPARTMENT OF COMMERCE preliminary results of this review within funded under this announcement will the originally anticipated time limit. have a start date no earlier than International Trade Administration Accordingly, the Department is September 30, 2005. (A–428–825) extending the time limit for completion DATES: The deadline for receipt of of the preliminary results of this proposals is 5 p.m. EDT on May 12, Stainless Steel Sheet and Strip in Coils administrative review until no later than 2005. From Germany: Extension of Time August 1, 2005, which is the next ADDRESSES: Applications should be business day after 365 days from the last Limit for Preliminary Results of submitted through the following day of the anniversary month. We Antidumping Duty Administrative website: (http://www.grants.gov). The intend to issue the final results no later Review full text of the funding opportunity than 120 days after publication of the announcement for this OESD program AGENCY: Import Administration, preliminary results notice. International Trade Administration, can be accessed via the same website. If Department of Commerce. March 22, 2005. an applicant does not have Internet EFFECTIVE DATE: March 28, 2005. Barbara E. Tillman, access, hard copies of full proposals Acting Deputy Assistant Secretary for Import should be sent to Sarah Schoedinger, FOR FURTHER INFORMATION CONTACT: Administration. Deborah Scott, Tyler Weinhold, or DOC/NOAA, Office of Education and [FR Doc. E5–1367 Filed 3–25–05; 8:45 am] Sustainable Development, 14th and Robert James, AD/CVD Operations, Constitution Avenue NW, HCHB 6863, Office 7, Import Administration, BILLING CODE 3510–DS–S Washington, DC 20230. Application kits International Trade Administration, may be requested from Sarah U.S. Department of Commerce, 14th DEPARTMENT OF COMMERCE Schoedinger at 202–482–2893 or Beth Street and Constitution Avenue, NW, Day at 301–713–2431 x 148. This Washington DC 20230; telephone: (202) National Oceanic and Atmospheric announcement will also be available at 482–2657, (202) 482–1121, or (202) 482– Administration the NOAA Web site: http:// 0649, respectively. [Docket No. 050317077–5077–01; I.D. www.ofa.noaa.gov/%7Eamd/ Background 032205A] SOLINDEX.HTML or by contacting the On July 30, 2004, the Department of program officials identified in FOR Environmental Literacy Grants Commerce (the Department) received FURTHER INFORMATION CONTACT. timely requests to conduct an AGENCY: Office of Education and FOR FURTHER INFORMATION CONTACT: administrative review of the Sustainable Development (OESD), Sarah Schoedinger at antidumping duty order on stainless Office of the Undersecretary of [email protected], telephone steel sheet and strip in coils from Commerce for Oceans and Atmosphere 202–482–2893, or Beth Day at Germany. On August 30, 2004, the (USEC), National Oceanic and [email protected], telephone 301– Department published a notice of Atmospheric Administration (NOAA), 713–2431 x 148. initiation of this administrative review, Department of Commerce (DOC) SUPPLEMENTARY INFORMATION: This covering the period of July 1, 2003 ACTION: Notice and request for notice announces that OESD is through June 30, 2004. (69 FR 52857). proposals. soliciting 1- to 3–year proposals for The preliminary results are currently environmental literacy projects. Funded due no later than April 2, 2005. SUMMARY: This notice announces that projects will further NOAA’s education OESD is soliciting 1- to 3–year goals articulated in the NOAA Extension of Time Limits for proposals for environmental literacy Education Plan http:// Preliminary Results projects. Funded projects will further www.oesd.noaa.gov/ Section 751(a)(3)(A) of the Tariff Act NOAA’s education goals articulated in NOAAlEdlPlan.pdf. Funding is of 1930, as amended (the Act), requires the NOAA Education Plan http:// available to encourage the development the Department to complete the www.oesd.noaa.gov/ of partnerships and to support existing, preliminary results of an administrative NOAAlEdlPlan.pdf. Funding is or foster growth of new, environmental review within 245 days after the last day available to encourage the development literacy projects. This program has two of the anniversary month of an order for of partnerships and to support existing, funding priorities for FY05: (1) which a review is requested. However, or foster growth of new, environmental Partnerships that promote systemic if it is not practicable to complete the literacy projects. This program has two change in NOAA-related science review within these time periods funding priorities for FY05: (1) education, and (2) innovative because the review is extraordinarily Partnerships that promote systemic presentation of NOAA science and earth complicated, section 751(a)(2)(B)(iv) of change in NOAA-related science observing data through educational data the Act allows the Department to extend education, and (2) Innovative visualizations and other educational the time limit for the preliminary results presentation of NOAA science and earth tools. Within priority two, NOAA has to a maximum of 365 days after the last observing data through educational data committed to funding the installation of day of the anniversary month of an visualizations and other educational up to four ‘‘Science on a Sphere’’ (SOS) order for which a review is requested. tools. Within priority two, NOAA has data systems at informal education The Department has determined it is committed to funding the installation of venues. These ‘‘Science on a Sphere’’ not practicable to complete this review up to four ‘‘Science on a Sphere’’ (SOS) installations will be funded by way of

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one- to three-year cooperative incurs any costs prior to receiving an hereby given notice that funding for the agreements. It is anticipated that final award agreement signed by an Fiscal Year 2005 program is contingent recommendations for funding under this authorized NOAA official, the applicant upon the availability of Fiscal Year 2005 announcement will be made in mid- would do so solely at one’s own risk of appropriations. calendar year 2005, and that projects such costs not being included under the National Environmental Policy Act funded under this announcement will award. have a start date no earlier than (NEPA) Eligibility September 30, 2005. A detailed NOAA must analyze the potential description for each program priority is Eligible applicants are institutions of environmental impacts, as required by in the full funding opportunity higher education, other nonprofits, NEPA, for applicant projects or announcement that can be accessed via commercial organizations, and state, proposals which are seeking NOAA the Grants.gov website, the NOAA web local and Indian tribal governments. Federal assistance. Detailed information site at http://www.ofa.noaa.gov/ Federal agencies or institutions are not on NOAA compliance with NEPA can %7Eamd/SOLINDEX.HTML, or by eligible to receive Federal assistance be found at the following Web site: contacting the program officials under this announcement, but may be http://www.nepa.noaa.gov including identified in FOR FURTHER INFORMATION project partners. NOAA Administrative Order 216 6 for CONTACT. Among those eligible applicants are K NEPA at http://www.nepa.noaa.gov/ through 12 public and independent Electronic Access NAO216l6lTOC.pdf, and the Council on schools and school systems, and science Environmental Quality implementation The full text of the full funding centers and museums. regulations at http://ceq.eh.doe.gov/ opportunity announcement for this The Department of Commerce/ nepa/regs/ceq/toclceq.htm. OESD program can be accessed via the National Oceanic and Atmospheric Consequently, as part of an applicant’s Grants.gov FIND Web site. This Administration (DOC/NOAA) is package under the description of their announcement will also be available at strongly committed to increasing the program activities, applicants are the NOAA Web site: http:// participation of Historically Black required to provide detailed information www.ofa.noaa.gov/%7Eamd/ Colleges and Universities, Hispanic- on the activities to be conducted, SOLINDEX.HTML or by contacting the serving institutions, Tribal colleges and locations, sites, species, and habitat to FOR program officials identified under universities, and institutions that work be affected, possible construction FURTHER INFORMATION CONTACT. This in underserved communities. Proposals activities, and any environmental Federal Register notice is available are encouraged that involve any of the concerns that may exist (e.g., the use through the NOAA home page at: above institutions. and disposal of hazardous or toxic http://www.noaa.gov/. chemicals, introduction of non- Statutory Authority: 15 U.S.C. 1540 Cost Sharing Requirements indigenous species, impacts to CFDA: 11.469, Congressionally There are no cost-sharing Identified Awards and Projects endangered and threatened species, requirements. aquaculture projects, and impacts to Funding Availability Evaluation and Selection Procedures coral reef systems). In addition to NOAA announces the availability of NOAA published its agency-wide providing specific information that will approximately $2,500,000 of Federal solicitation entitled ’’Omnibus Notice serve as the basis for any required financial assistance in FY 2005 for Announcing the Availability of Grant impact analysis, applicants may also be Environmental Literacy projects. Funds for Fiscal Year 2005’’ for projects requested to assist NOAA in drafting an Approximately 5 to 10 awards in the for Fiscal Year 2005 in the Federal environmental assessment, if NOAA form of grants or cooperative agreements Register on June 30, 2004 (69 FR 39417). determines an assessment is required. with a regional to national focus will be The evaluation criteria and selection Applicants will also be required to made. Projects of 1 to 3 years in procedures for projects contained in that cooperate with NOAA in identifying duration will be considered. The total omnibus notice are applicable to this and implementing feasible measures to budget for any single project shall not solicitation. Copies of the notice are reduce or avoid any identified adverse exceed $500,000 and must have a available on the Internet at: http:// environmental impacts of their minimum annual budget of $100,000, www.ofa.noaa.gov%7Eamd/ proposal. The failure to do so shall be except for ‘‘Science on a Sphere’’ SOLINDEX.HTML. Further details on grounds for the denial of an application. installations, which can have total evaluation and selection criteria can be The Department of Commerce Pre- project budgets of no less than $10,000. found in the full funding opportunity award Notification Requirements for Of the approximately $2,500,000 of announcement. Grants and Cooperative Agreements Federal financial assistance available in FY 2005, no more than $280,000 is Intergovernmental Review The Department of Commerce Pre- available for the four ‘‘Science on a Applications under this program are Award Notification Requirements for Sphere’’ installations. Applications with not subject to Executive Order 12372, Grants and Cooperative Agreements project budgets of less than $100,000 or ‘‘Intergovernmental Review of Federal contained in the Federal Register notice more than $500,000 will not be programs.’’ of December 30, 2004 (69 FR 78389), are considered for review, except for applicable to this solicitation. Limitation of Liability ‘‘Science on a Sphere’’ installations, Paperwork Reduction Act which can have total project budgets of In no event will NOAA or the no less than $10,000. Department of Commerce be responsible This document contains collection-of- There is no guarantee that sufficient for proposal preparation costs if this information requirements subject to the funds will be available to make awards program is cancelled because of other Paperwork Reduction Act (PRA). The for all qualified projects. Publication of agency priorities. Publication of this use of Standard Forms 424, 424A, 424B, this notice does not oblige NOAA to announcement does not oblige NOAA to and SF LLL, and CD 346 has been award any specific project or to obligate award any specific project or to obligate approved by the Office of Management any available funds. If an applicant any available funds. Applicants are and Budget (OMB) under the respective

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control numbers 0348–0043, 0348–0044, turtles for purposes of scientific Issuance of this permit, as required by 0348–0040, 0348–0046, and 0605–0001. research. the ESA, was based on a finding that Notwithstanding any other provision ADDRESSES: The permit and related such permit (1) was applied for in good of law, no person is required to, nor documents are available for review faith, (2) will not operate to the shall a person be subject to a penalty for upon written request or by appointment disadvantage of such endangered or failure to comply with, a collection of in the following offices: threatened species, and (3) is consistent information subject to the requirements Permits, Conservation and Education with the purposes and policies set forth of the PRA unless that collection of Division, Office of Protected Resources, in section 2 of the ESA. information displays a currently valid NMFS, 1315 East-West Highway, Room Dated: March 21, 2005. OMB control number. 13705, Silver Spring, MD 20910; phone Stephen L. Leathery, Executive Order 12866 (301)713–2289; fax (301)427–2521; and Chief, Permits, Conservation and Education Pacific Islands Region, NMFS, 1601 Division, Office of Protected Resources, This notice has been determined to be Kapiolani Blvd., Rm 1110, Honolulu, HI not significant for purposes of Executive National Marine Fisheries Service. 96814-4700; phone (808)973–2935; fax [FR Doc. 05–6050 Filed 3–25–05; 8:45 am] Order 12866. (808)973–2941. BILLING CODE 3510–22–S Executive Order 13132 (Federalism) FOR FURTHER INFORMATION CONTACT: It has been determined that this notice Patrick Opay or Ruth Johnson, does not contain policies with (301)713–2289. DEPARTMENT OF ENERGY Federalism implications as that term is SUPPLEMENTARY INFORMATION: On defined in Executive Order 13132. November 30, 2004, notice was Privacy Act of 1974; Notice of published in the Federal Register (69 Amendment to an Existing System of Administrative Procedure Act/ FR 69585) that a request for a scientific Records Regulatory Flexibility Act research permit to take green, AGENCY: Department of Energy. Prior notice and an opportunity for leatherback, loggerhead, olive ridley, public comment are not required by the and hawksbill sea turtles had been ACTION: Notice. submitted by the above-named Administrative Procedure Act or any SUMMARY: As required by the Privacy organization. The requested permit has other law for rules concerning public Act of 1974, 5 U.S.C. 552a, and the been issued under the authority of the property, loans, grants, benefits, and Office of Management and Budget Endangered Species Act of 1973, as contracts (5 U.S.C. 553(a)(2)). Because (OMB) Circular A–130, the Department amended (ESA; 16 U.S.C. 1531 et seq.) notice and opportunity for comment are of Energy (DOE) is publishing a notice and the regulations governing the not required pursuant to 5 U.S.C. 553 or of a proposed amendment to an existing taking, importing, and exporting of any other law, the analytical system of records and the deletion of a endangered and threatened species (50 requirements for the Regulatory system that will no longer be CFR parts 222–226). Flexibility Act (5 U.S.C. 601 et seq.) are maintained. DOE has acquired a new inapplicable. Therefore, a regulatory Researchers have been issued a 5-year permit to annually measure, financial system that requires new flexibility analysis has not been hardware and software. This notice prepared. photograph, tissue sample, flipper tag and release, or salvage (if dead) 7 green, proposes to combine DOE–18 Dated: March 22, 2005. 34 leatherback, 21 loggerhead, and 42 ‘‘Accounts Payable Financial System’’ Helen Hurcombe, olive ridley sea turtles that have been and DOE–19 ‘‘Accounts Receivable Director, NOAA Aquisitions and Grants, U.S. captured in the Hawaii longline fishery. Financial System’’ into a single system Department of Commerce. The hard-shelled species would also of records, eliminate DOE–19 ‘‘Accounts [FR Doc. 05–6054 Filed 3–25–05; 8:45 am] have a pop-up satellite tag (PSAT) Receivable Financial System’’ from the Department’s inventory of systems of BILLING CODE 3510–KA–S attached to their shell. An additional 6 (combined total of all species) records, rename DOE–18 to ‘‘Financial hawksbill, olive ridley, loggerhead, and Accounting System,’’ expand the DEPARTMENT OF COMMERCE green sea turtles captured in the categories of records maintained in the American Samoa longline fishery would system, and establish a new routine use National Oceanic and Atmospheric provision for DOE–18. Administration be measured, photographed, tissue sampled, flipper tagged, PSAT tagged DATES: The proposed amendment to an [I.D. 021005A] and released, or salvaged (if dead). One existing system of records will become leatherback captured in the American effective without further notice, on May Endangered Species; File No. 1514 Samoa longline fishery would also be 12, 2005, unless in advance of that date, DOE receives adverse comments and AGENCY: National Marine Fisheries measured, photographed, tissue determines that this amendment should Service (NMFS), National Oceanic and sampled, flipper tagged, and released, or not become effective on that date. Atmospheric Administration (NOAA), salvaged (if dead). Coverage for the Commerce. incidental capture of turtles in these ADDRESSES: Written comments should be directed to the following address: ACTION: Issuance of permit. fisheries would be provided under the incidental take statement of the U.S. Department of Energy, Abel Lopez, SUMMARY: Notice is hereby given that February 23, 2004 Biological Opinion Director, Freedom of Information Act the NMFS Pacific Islands Regional for the Western Pelagics Fishery and Privacy Act Group, ME–74, 1000 Office (PIRO), 1601 Kapiolani Blvd., Ste. Management Plan. The proposed Independence Avenue, SW., 1110, Honolulu, HI 96814, has been research would provide data on the at Washington, DC 20585. issued a permit to take green (Chelonia sea distribution and movement patterns FOR FURTHER INFORMATION CONTACT: Abel mydas), leatherback (Dermochelys of sea turtles. It would also investigate Lopez, Director, Freedom of Information coriacea), loggerhead (Caretta caretta), the post-release behavior and mortality Act and Privacy Act Group, ME–74, U.S. olive ridley (Lepidochelys olivacea), and of hard-shelled turtles that have been Department of Energy, 1000 hawksbill (Eretmochelys imbricata) sea hooked or entangled by longline gear. Independence Avenue, SW.,

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Washington, DC 20585, 202–586–5955; paying creditors who provide products U.S. Department of Energy, Naval Wendy L. Miller, Director, Capital and services to DOE. Petroleum and Oil Shale Reserves, 907 Accounting Operations Division, Office DOE is submitting the report required N. Poplar, Suite 150, Casper, WY 82601 of Financial Management, ME–14.2, by OMB Circular A–130 concurrently U.S. Department of Energy, Naval U.S. Department of Energy, 1000 with the publication of this notice. The Petroleum Reserves in California, 1601 Independence Avenue, SW., text of this notice contains the New Stine Road, Suite 240, Bakersfield, Washington, DC 20585–1290, (301) 903– information required by the Privacy Act, CA 93309 5858; and Isiah Smith, Deputy Assistant 5 U.S.C. 552a(e)(4). U.S. Department of Energy, NNSA General Counsel for Administrative Issued in Washington, DC on March 22, Service Center Nevada, P.O. Box 98518, Litigation and Information Law, GC–77, 2005. Las Vegas, NV 89193–8518 U.S. Department of Energy, 1000 James T. Campbell, U.S. Department of Energy, Oak Ridge Independence Avenue, SW., Deputy Director, Office of Management, Operations Office, P.O. Box 2001, Oak Washington, DC 20585, (202) 586–8618. Budget and Evaluation/Deputy Chief Ridge, TN 37831 SUPPLEMENTARY INFORMATION: DOE has Financial Officer. U.S. Department of Energy, Office of acquired a new financial system, DOE–18 Scientific & Technical Information, P.O. Integrated Management Navigation Box 62, Oak Ridge, TN 37831 System (I–MANAGE) Standard SYSTEM NAME: U.S. Department of Energy, Ohio Accounting and Reporting System Financial Accounting System. Field Office, P.O. Box 3020, (STARS), that requires new hardware Miamisburg, OH 45343 and software. I–MANAGE STARS will SECURITY CLASSIFICATION: U.S. Department of Energy, provide DOE with a modern, Unclassified. Philadelphia Regional Support Office, comprehensive and responsive financial 1880 John F. Kennedy Boulevard, Suite SYSTEM LOCATION(S): management system that will 501, Philadelphia, PA 19103–7483 electronically integrate financial U.S. Department of Energy, U.S. Department of Energy, Pittsburgh accounting, financial reporting, cost Headquarters, 19901 Germantown Rd., Naval Reactors Office, P.O. Box 109, accounting, and performance Germantown, MD, 20874 West Mifflin, PA 15122–0109 measurement. I–MANAGE STARS will U.S. Department of Energy, U.S. Department of Energy, Richland provide critical strategic support for the Headquarters, 1000 Independence Operations Office, P.O. Box 550, DOE mission as the solution for Avenue, SW., Washington, DC 20585 Richland, WA 99352 financial, operational, and reporting U.S. Department of Energy, National requirements to enhance accountability Nuclear Security Administration U.S. Department of Energy, Rocky and improve decision-making. The (NNSA) Service Center Albuquerque, Flats Field Office, 10808 Highway 93, system will maintain the financial P.O. Box 5400, Albuquerque, NM Unit A, Golden, CO 80403–8200 information that is currently collected 87185–5400 U.S. Department of Energy, Savannah and maintained in two DOE systems of U.S. Department of Energy, Atlanta River Operations Office, P.O. Aiken, SC records, DOE–18 ‘‘Accounts Payable Regional Support Office, 730 Peachtree, 29801 Financial System’’ and DOE–19 NE, Suite 876, Atlanta, GA 30308 U.S. Department of Energy, Seattle ‘‘Accounts Receivable Financial U.S. Department of Energy, Regional Support Office, 800 Fifth System.’’ Bonneville Power Administration, P.O. Avenue, Suite 3950, Seattle, WA 98104 This notice proposes to amend DOE– Box 3621, Portland, OR 97208 U.S. Department of Energy, 18 ‘‘Accounts Payable Financial U.S. Department of Energy, Boston Schenectady Naval Reactors Office, P.O. System’’ by expanding the categories of Regional Support Office, One Congress Box 1069, Schenectady, NY 12301 records maintained in the system and Street, Room 1101, Boston, MA 021144– U.S. Department of Energy, consolidating the information 2021 Southeastern Power Administration, maintained in DOE–19 ‘‘Accounts U.S. Department of Energy, Carlsbad 1166 Athens Tech Road, Elberton, GA Receivable Financial System’’ into the Field Office, P.O. Box 3090, Carlsbad, 30635–4578 amended DOE–18. This notice also NM 88221 U.S. Department of Energy, proposes to change the name of DOE– U.S. Department of Energy, Chicago Southwestern Power Administration, 18 ‘‘Accounts Payable Financial Operations Office, 9800 South Cass Williams Tower One, One West Third System’’ to DOE–18 ‘‘Financial Avenue, Argonne, IL 60439 Street, Tulsa, OK 74103U.S. Department Accounting System,’’ and establish a U.S. Department of Energy, Golden of Energy, Strategic Petroleum Reserve new routine use provision. Since the Field Office, 1617 Cole Boulevard, Project Office, 900 Commerce Road East, records maintained in DOE–19 will be Golden, CO 80401 New Orleans, LA 70123 incorporated into the amended DOE–18, U.S. Department of Energy, Idaho U.S. Department of Energy, Western DOE will delete DOE–19 ‘‘Accounts Operations Office, 850 Energy Drive, Area Power Administration, P.O. Box Receivable Financial System’’ from its Idaho Falls, ID 83401 3402, Golden, CO 80401 inventory of systems of records. U.S. Department of Energy, National U.S. Department of Energy, Office of The categories of records section is Energy Technology Laboratory Repository Development, P.O. Box being amended to include employment (Morgantown), P.O. Box 880, 364629, North Las Vegas, NV 89036– information and date of birth and Morgantown, WV 26507–0880 8629 gender of the employee, contractor, and U.S. Department of Energy, National vendor. Energy Technology Laboratory CATEGORIES OF INDIVIDUALS COVERED BY THE In addition, this notice also proposes (Pittsburgh), 626 Cochrans Mill Road, SYSTEM: to add a new routine use to allow Pittsburgh, PA 15236–0940 Employees, former employees, current disclosure of information maintained in U.S. Department of Energy, National and former contractor employees, the system of records to the Department Petroleum Technology Office, William vendors, and others who are either due of the Treasury. These amendments are Center Tower One, 1 West Third Street, money from or owe money to the necessary to provide procedures for Suite 1400, Tulsa, OK 74103 Department of Energy (DOE).

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CATEGORIES OF RECORDS IN THE SYSTEM: representing the Department in the Collections Act of 1966, 31 U.S.C. Name, address, telephone number, investigation, settlement or litigation, 3701(a)(3), in accordance with 31 U.S.C. date of birth, employment date, gender, and to individuals assisting in such 3711(f). tax payer identification number; amount representation; (2) others involved in 10. A record from this system may be owed and services or goods received; the investigation, settlement, and disclosed as a routine use to DOE amounts due; underpayments, litigation, and their representatives and contractors in performance of their overpayments, and/or other accounting individuals assisting those contracts and their officers and information; invoice number; servicing representatives; and (3) witness, employees who have a need for the bank name and address; account potential witness, or their record in the performance of their number; amount and status of claim; representatives and assistants, and any duties. Those individuals provided and history of claim, including other person who possesses information information under this routine use are collection actions taken. pertaining to the matter, when it is subject to the same limitations necessary to obtain information or applicable to DOE officers and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: testimony relevant to the matter. employees under the Privacy Act. 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 4. A record from this system may be 11. A record from this system of et seq.; the GAO Policy and Procedures disclosed as a routine use to other records may be disclosed as a routine Manual; Statement of Federal Financial Federal agencies, consumer reporting use to a Member of Congress submitting Accounting Standards published by the agencies for acquiring credit a request involving the constituent Government Accountability Office and information, and collection agencies to when the constituent has requested the Office of Management and Budget; aid in the collection of outstanding assistance from the member concerning Debt Collection Improvement Act of debts owed to the Federal Government. the subject matter of the record. The 1996, 31 U.S.C. 3512; 5 U.S.C. 5701–09; 5. A record from this system may be member of Congress must provide a Federal Property Management disclosed as a routine use to Defense copy of the constituent’s request for Regulations 101–107; Treasury Manpower Data Center, Department of assistance. Financial Manual; Executive Order Defense, the United States Postal POLICIES AND PRACTICES FOR STORING, 12009; and Executive Order 9397. Service, and other Federal, State, or local agencies to identify and locate, RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): through computer matching, individuals DISPOSING OF RECORDS IN THE SYSTEM: The records are maintained and used indebted to DOE who are receiving STORAGE: by the DOE to substantiate obligations Federal salaries or benefit payments. Records may be stored as paper and payments to individuals for goods Information from the match will be used records, electronic media, and magnetic and services received by the agency and to collect the debts by voluntary tapes. to record and manage the Department’s repayment, by administrative offset, or accounts payable and receivable. by salary offset procedures. RETRIEVABILITY: 6. A record from this system may be Records may be retrieved by name, ROUTINE USES OF RECORDS MAINTAINED IN THE disclosed as a routine use to the Internal taxpayer identification number, SYSTEM, INCLUDING CATEGORIES OF USERS AND Revenue Service (1) to collect the debt voucher, invoice, or payment reports. THE PURPOSES OF SUCH USES: by offset against the debtor’s tax refunds SAFEGUARDS: 1. A record from this system may be under the Federal Tax Refund Offset disclosed as a routine use to the Program, and (2) to obtain the mailing Paper records are maintained in appropriate local, State or Federal address of a taxpayer to collect a debt locked cabinets and desks. Electronic agency when that record alone or in owed to the DOE. Subsequent disclosure records are controlled through conjunction with other information, by DOE to a consumer reporting agency established DOE computer center indicates a violation or potential is limited to the purpose of obtaining a procedures (personnel screening and violation of law, whether civil, criminal, commercial credit report on the physical security), and they are or regulatory in nature, and whether particular taxpayer. The mailing address password protected. Access is limited to arising by general statute or particular information will not be used for any those whose official duties require program thereto. other DOE purpose or disclosed by DOE access to the records. 2. A record from this system may be to another Federal, State, or local agency RETENTION AND DISPOSAL: disclosed as a routine use to a Federal that seeks to locate the same individual agency to facilitate the requesting Records retention and disposal for its own debt collection purpose. authorities are contained in the National agency’s decision concerning the hiring 7. A record from this system may be or retention of an employee, the Archives and Records Administration disclosed as a routine use to the (NARA) General Records Schedule and issuance of a security clearance, the Department of the Treasury for the reporting of an investigation of an DOE record schedules that have been purpose of administrative offset and approved by NARA. employee, the letting of a contract, or debt recovery under section 31001 the issuance of a license, grant, or other (m)(1) of the Debt Collection SYSTEM MANAGER(S) AND ADDRESS: benefit, to the extent that the Improvement Act of 1996 (Pub. L. 104– Headquarters: Director, Office of information is relevant and necessary to 134). Management, Budget and Evaluation/ the requesting agency’s decision on the 8. A record from this system may be Chief Financial Officer, U.S. Department matter. The Department must deem disclosed as a routine use to the of Energy, 1000 Independence Avenue, such disclosure to be compatible with Department of the Treasury for the SW., Washington, DC 20585. the purpose for which the Department purpose of paying creditors for services collected the information. or goods provided to the Department. NOTIFICATION PROCEDURES: 3. A record from this system may be 9. A record from this system may be In accordance with the DOE disclosed as a routine use for the disclosed as a routine use to a regulation implementing the Privacy purpose of an investigation, settlement ‘‘consumer reporting agency’’ as defined Act, at Title 10, Code of Federal of claims, or the preparation and by the Fair Credit Reporting Act, 15 Regulations, Part 1008, a request by an conduct of litigation to a (1) person U.S.C. 1681a(f), or the Federal Claims individual to determine if a system of

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records contains information about him/ Section 154.210 of the Commission’s filing a protest must serve a copy of that her should be directed to the Director, regulations (18 CFR 154.210). Anyone document on all the parties to the Headquarters Freedom of Information filing a protest must serve a copy of that proceeding. Act and Privacy Act Group, U.S. document on all the parties to the The Commission encourages Department of Energy. The request proceeding. electronic submission of protests in lieu should include the requester’s complete The Commission encourages of paper using the ‘‘eFiling’’ link at name, time period for which records are electronic submission of protests in lieu http://www.ferc.gov. Persons unable to sought, and the office location(s) where of paper using the ‘‘eFiling’’ link at file electronically should submit an the requester believes the records are http://www.ferc.gov. Persons unable to original and 14 copies of the protest to located. file electronically should submit an the Federal Energy Regulatory original and 14 copies of the protest to Commission, 888 First Street, NE., RECORDS ACCESS PROCEDURES: the Federal Energy Regulatory Washington, DC 20426. Same as Notification Procedures Commission, 888 First Street, NE., This filing is accessible on-line at above. Records are generally kept at Washington, DC 20426. http://www.ferc.gov, using the locations where the work is performed. This filing is accessible on-line at ‘‘eLibrary’’ link and is available for In accordance with the DOE Privacy Act http://www.ferc.gov, using the review in the Commission’s Public regulation, proper identification is ‘‘eLibrary’’ link and is available for Reference Room in Washington, DC. required before a request is processed. review in the Commission’s Public There is an ‘‘eSubscription’’ link on the CONTESTING RECORD PROCEDURES: Reference Room in Washington, DC. Web site that enables subscribers to Same as Notification Procedures There is an ‘‘eSubscription’’ link on the receive e-mail notification when a above. Web site that enables subscribers to document is added to a subscribed receive e-mail notification when a docket(s). For assistance with any FERC RECORD SOURCE CATEGORIES: document is added to a subscribed Online service, please e-mail Subject individual, contracting docket(s). For assistance with any FERC [email protected], or call officer, and accounting records. Online service, please e-mail (866) 208–3676 (toll free). For TTY, call [email protected], or call (202) 502–8659. SYSTEM EXEMPT FROM CERTAIN PROVISIONS OF (866) 208–3676 (toll free). For TTY, call THE ACT: (202) 502–8659. Magalie R. Salas, None. Secretary. [FR Doc. 05–6036 Filed 3–28–05; 8:45 am] Magalie R. Salas, [FR Doc. E5–1340 Filed 3–25–05; 8:45 am] BILLING CODE 6450–01–P Secretary. BILLING CODE 6717–01–P [FR Doc. E5–1339 Filed 3–25–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Commission Federal Energy Regulatory [Docket No. RP05–163–001] [Docket Nos. RP99–480–016 and RP04–254– Commission 001] Paiute Pipeline Company; Notice of [Docket No. RP05–176–001] Compliance Filing Texas Eastern Transmission, LP; Panhandle Eastern Pipe Line Notice of Compliance Filing March 21, 2005. Company, LP; Notice of Compliance Take notice that on March 15, 2005, Filing March 21, 2005. Paiute Pipeline Company (Paiute) Take notice that on March 7, 2005, tendered for filing as part of its FERC March 21, 2005. Texas Eastern Transmission, LP (Texas Gas Tariff, Second Revised Volume No. Take notice that on March 16, 2005, Eastern) submitted a compliance filing 1–A, Sub Thirteenth Revised Sheet No. Panhandle Eastern Pipe Line Company, pursuant to Texas Eastern Transmission, 10, to become effective March 1, 2005. LP (Panhandle) submitted a compliance LP, 110 FERC ¶ 61,171 (2005), issued on Paiute states that the purpose of its filing pursuant to the Commission’s February 18, 2005 in Docket Nos. RP99– filing is to comply with the Letter Order issued March 2, 2005 in 480–015 and RP04–254–000. Commission’s Order issued on February Docket No. RP05–176–000. Texas Eastern states that copies of the 28, 2005 in Docket No. RP05–163–000. Panhandle states that copies of the filing were served on parties on the Paiute states that copies of its filing filing were served on parties on the official service lists in the captioned have been served upon all of its official service list in the above- proceedings. customers and interested state captioned proceeding. Any person desiring to protest this regulatory commissions, as well as upon Any person desiring to protest this filing must file in accordance with Rule all parties to this proceeding. filing must file in accordance with Rule 211 of the Commission’s Rules of Any person desiring to protest this 211 of the Commission’s Rules of Practice and Procedure (18 CFR filing must file in accordance with Rule Practice and Procedure (18 CFR 385.211). Protests to this filing will be 211 of the Commission’s Rules of 385.211). Protests to this filing will be considered by the Commission in Practice and Procedure (18 CFR considered by the Commission in determining the appropriate action to be 385.211). Protests to this filing will be determining the appropriate action to be taken, but will not serve to make considered by the Commission in taken, but will not serve to make protestants parties to the proceeding. determining the appropriate action to be protestants parties to the proceeding. Such protests must be filed on or before taken, but will not serve to make Such protests must be filed in the date as indicated below. Anyone protestants parties to the proceeding. accordance with the provisions of filing a protest must serve a copy of that Such protests must be filed in Section 154.210 of the Commission’s document on all the parties to the accordance with the provisions of regulations (18 CFR 154.210). Anyone proceeding.

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The Commission encourages SUPPLEMENTARY INFORMATION: Under the Transmission and Ancillary Services electronic submission of protests in lieu Department of Energy (DOE) Rates through March 31, 2006. of paper using the ‘‘eFiling’’ link at Organization Act, the Secretary has the Dated: March 14, 2005. authority to confirm, approve and place http://www.ferc.gov. Persons unable to Samuel W. Bodman, file electronically should submit an into effect power and transmission rates Secretary. original and 14 copies of the protest to for the Western Area Power the Federal Energy Regulatory Administration (Western). Existing rates Order Confirming and Approving an Commission, 888 First Street, NE., are normally extended by the Deputy Extension of the Desert Southwest Washington, DC 20426. Secretary under Delegation Order Nos. Customer Service Region Network This filing is accessible online at 00–037.00, approved December 6, 2001, Integration Transmission and Ancillary http://www.ferc.gov, using the and 00–001.00A, approved September Services Rates ‘‘eLibrary’’ link and is available for 17, 2002. As the nominee for Deputy review in the Commission’s Public Secretary has not yet been confirmed by These service rate methodologies Reference Room in Washington, DC. the Senate, I have extended the rates were established following section 302 There is an ‘‘eSubscription’’ link on the through March 31, 2006. of the Department of Energy (DOE) web site that enables subscribers to Pursuant to applicable Delegation Organization Act, (42 U.S.C. 7152). This receive e-mail notification when a Orders and existing DOE procedures for Act transferred to and vested in the document is added to a subscribed public participation in power and Secretary of Energy (Secretary) the docket(s). For assistance with any FERC transmission rate adjustments in 10 CFR power marketing functions of the Online service, please e-mail part 903, Western’s rate methodology for Secretary of the Department of the [email protected], or call network integration transmission and Interior and the Bureau of Reclamation (866) 208–3676 (toll free). For TTY, call ancillary services was submitted to the under the Reclamation Act of 1902 (ch. (202) 502–8659. Federal Energy Regulatory Commission 1093, 32 Stat. 388), as amended and supplemented by subsequent Protest Date: 5 p.m. eastern time on (Commission) for confirmation and enactments, particularly section 9(c) of March 28, 2005. approval on May 3, 1999, as supplemented on May 21, 1999. On the Reclamation Project Act of 1939 (43 Magalie R. Salas, January 20, 2000, in Docket No. EF99– U.S.C. 485h(c)), and other Acts that Secretary. 5041–000, at 90 FERC 62,032, the specifically apply to the project system [FR Doc. E5–1337 Filed 3–25–05; 8:45 am] Commission issued an order confirming, involved. BILLING CODE 6717–01–P approving, and placing in effect on a Under the Department of Energy final basis Western’s rate schedules for Organization Act, the Secretary has the transmission and ancillary services from authority to confirm, approve and place DEPARTMENT OF ENERGY Western’s Desert Southwest Customer into effect power and transmission rates Service Region. Rate Order No. WAPA– for the Western Area Power Western Area Power Administration 84 was approved for a 5-year period, Administration (Western). beginning April 1, 1999, and ending Desert Southwest Customer Service March 31, 2004. On March 22, 2004, the Background Region-Rate Order No. WAPA–121 Deputy Secretary of Energy extended The existing rate, Rate Order No. AGENCY: Western Area Power the rates until March 31, 2005, under WAPA–84, was approved for 5 years, Administration, DOE. Rate Order No. WAPA–112. beginning April 1, 1999, and ending Western has entered into a public ACTION: Notice of order extending March 31, 2004. On March 22, 2004, the process proposing a MSTR for cost Deputy Secretary of Energy extended network integration transmission and recovery purposes for the P–DP, the the rates under 10 CFR 903.23(b) until ancillary services rates. Intertie, and the Central Arizona Project. March 31, 2005, under Rate Order No. That process has been extended to SUMMARY: This action is to extend the WAPA–112. evaluate comments received during the existing Rate Schedules PD–NTS1, INT– comment period. The rate order for Discussion NTS1, DSW–SD1, DSW–RS1, DSW– network transmission and ancillary FR1, DSW–EI1, DSW–SPR1, and DSW– services must be able to accommodate Western has entered into a public SUR1 for the Desert Southwest the modifications in the MSTR. Western process proposing an MSTR for cost Customer Service Region (DSW) believes that the additional time recovery purposes for the P–DP, the network integration transmission afforded by extending the rate for Intertie, and the Central Arizona Project. services (NTS) for the Parker-Davis network integration transmission and That process has been extended to Project (P–DP) and the Pacific ancillary services will allow Western to evaluate comments received during the Northwest-Pacific Southwest Intertie design these rates to ensure cost comment period. The rate order for Project (Intertie) and ancillary services recovery regardless of the transmission network transmission and ancillary for the Western Area Lower Colorado rate methodology which the public services must be able to accommodate control area through March 31, 2006. process yields. the modifications in the MSTR. Western The additional time is needed to Western’s existing formulary network believes that the additional time accommodate the extension of the integration transmission and ancillary afforded by extending the rate for Multi-System Transmission Rate service schedules, which are network integration transmission and (MSTR) Public Process. recalculated annually, would ancillary services will allow Western to FOR FURTHER INFORMATION CONTACT: Mr. sufficiently recover project expenses develop these rates to facilitate cost Jack Murray, Rates Team Lead, Desert (including interest) and capital recovery. Southwest Customer Service Region, requirements through March 31, 2006. Therefore, time requirements make it Western Area Power Administration, Following review of Western’s necessary to extend the current rates. P.O. Box 6457, Phoenix, AZ 85005– proposal within the DOE, I approve Rate Upon its approval, Rate Order No. 6457, (602) 605–2442, e-mail Order No. WAPA–121, which extends WAPA–112 will be extended under Rate [email protected]. the existing Network Integration Order No. WAPA–121.

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Order holidays. Comments on a disk or CD– withdrawn, the terms of the decree will In view of the above, I hereby extend ROM should be formatted in be affirmed. Wordperfect or ASCII file, avoiding the for a period effective from April 1, 2005, II. Additional Information About and ending March 31, 2006, the existing use of special characters and any form of encryption, and may be mailed to the Commenting on the Proposed Consent Ancillary Rate Schedules DSW–SD1, decree. DSW–RS1, DSW–FR1, DSW–EI1, DSW– mailing address above. SPR1, DSW–SUR1, and the existing FOR FURTHER INFORMATION CONTACT: A. How Can I Get a Copy of the Consent network integration transmission rate Geoffrey L. Wilcox, Air and Radiation Decree? schedules PD–NTS1, and INT–NTS1. Law Office (2344A), Office of General Counsel, U.S. Environmental Protection EPA has established an official public Dated: March 14, 2005. Agency, 1200 Pennsylvania Ave., NW., docket for this action under Docket ID Samuel W. Bodman, Washington, DC 20460. Telephone: No. OGC–2005–0004 which contains a Secretary. (202) 564–5601. copy of the consent decree. The official [FR Doc. 05–6035 Filed 3–25–05; 8:45 am] SUPPLEMENTARY INFORMATION: public docket is available for public BILLING CODE 6450–01–P viewing at the Office of Environmental I. Additional Information About the Information (OEI) Docket in the EPA Proposed Consent Decree Docket Center, EPA West, Room B102, ENVIRONMENTAL PROTECTION The proposed consent decree 1301 Constitution Ave., NW., AGENCY establishes a deadline of March 15, 2005 Washington, DC. The EPA Docket [FRL–7889–6] for the signature of a notice of EPA’s Center Public Reading Room is open determination pursuant to CAA section from 8:30 a.m. to 4:30 p.m., Monday Proposed Consent Decree, Clean Air 110(k)(1)(B) as to whether each state has through Friday, excluding legal Act Citizen Suit submitted the SIP revisions required by holidays. The telephone number for the CAA section 110(a)(2)(D)(i) for the Public Reading Room is (202) 566–1744, AGENCY: Environmental Protection implementation, maintenance, and Agency (EPA). and the telephone number for the OEI enforcement of the 1997 NAAQS that Docket is (202) 566–1752. ACTION: Notice of proposed consent meet the minimum criteria promulgated decree; request for public comment. by EPA pursuant to CAA section An electronic version of the public 110(k)(1)(A). docket is available through EPA’s SUMMARY: In accordance with section The proposed consent decree electronic public docket and comment 113(g) of the Clean Air Act, as amended establishes a deadline of December 15, system, EPA Dockets. You may use EPA (‘‘Act’’ or ‘‘CAA’’), 42 U.S.C. 7413(g), 2007, with respect to SIPs for the 8-hour Dockets at http://www.epa.gov/edocket/ notice is hereby given of a proposed ozone NAAQS, and October 5, 2008, to submit or view public comments, consent decree, to address a lawsuit with respect to SIPs for the PM–2.5 access the index listing of the contents filed by Environmental Defense and NAAQS, for the signature of a notice of of the official public docket, and to American Lung Association (jointly EPA’s determination pursuant to CAA access those documents in the public referred to as the ‘‘Plaintiffs’’): section 110(k)(1)(B) as to whether each docket that are available electronically. Environmental Defense and American state has submitted the remaining SIP Once in the system, select ‘‘search,’’ Lung Association v. Johnson, No. revisions required by CAA section 1:05CV00493 (D.D.C.). On March 10, then key in the appropriate docket 110(a)(2) for the implementation, identification number. 2005, the Plaintiffs filed a complaint to maintenance, and enforcement of the compel EPA to make a determination as 1997 NAAQS that meet the minimum It is important to note that EPA’s to whether each state has submitted criteria promulgated by EPA pursuant to policy is that public comments, whether state implementation plans (‘‘SIPs’’) CAA section 110(k)(1)(A). The foregoing submitted electronically or in paper, required by section 110(a) of the CAA obligation excludes any determinations will be made available for public for the national ambient air quality regarding state submissions required by viewing in EPA’s electronic public standards for fine particles (‘‘PM–2.5 section 110(a)(2)(C) to the extent that docket as EPA receives them and NAAQS’’) and for ozone (‘‘8-hour ozone subsection refers to a permit program as without change, unless the comment NAAQS’’) (jointly referred to as the required in Part D of Title I of the CAA contains copyrighted material, CBI, or ‘‘1997 NAAQS’’). and to section 110(a)(2)(I). other information whose disclosure is DATES: Written comments on the For a period of thirty (30) days restricted by statute. Information proposed consent decree must be following the date of publication of this claimed as CBI and other information received by April 27, 2005. notice, the Agency will receive written whose disclosure is restricted by statute ADDRESSES: Submit your comments, comments relating to the proposed is not included in the official public identified by docket ID number OGC– consent decree from persons who were docket or in EPA’s electronic public 2005–0004, online at http:// not named as parties or interveners to docket. EPA’s policy is that copyrighted www.epa.gov/edocket (EPA’s preferred the litigation in question. EPA or the material, including copyrighted material method); by e-mail to Department of Justice may withdraw or contained in a public comment, will not [email protected]; mailed to EPA withhold consent to the proposed be placed in EPA’s electronic public Docket Center, Environmental consent decree if the comments disclose docket but will be available only in Protection Agency, Mailcode: 2822T, facts or considerations that indicate that printed, paper form in the official public 1200 Pennsylvania Ave., NW., such consent is inappropriate, docket. Although not all docket Washington, DC 20460–0001; or by improper, inadequate, or inconsistent materials may be available hand delivery or courier to EPA Docket with the requirements of the Act. Unless electronically, you may still access any Center, EPA West, Room B102, 1301 EPA or the Department of Justice of the publicly available docket Constitution Ave., NW., Washington, determines, based on any comment DC, between 8:30 a.m. and 4:30 p.m., which may be submitted, that consent to materials through the EPA Docket Monday through Friday, excluding legal the consent decree should be Center.

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B. How and To Whom Do I Submit ENVIRONMENTAL PROTECTION receiving comments from reviewers of Comments? AGENCY the draft NPDES Permit for Concentrated Animal Feeding [FRL–7887–9] You may submit comments as Operations for Puerto Rico, and will provided in the ADDRESSES section. Notice of Availability: Draft NPDES carefully consider this input as it Please ensure that your comments are Permit for Concentrated Animal prepares a final permit. submitted within the specified comment Feeding Operations for Puerto Rico DATES: Written comments should be period. Comments received after the submitted by April 30, 2005, to the close of the comment period will be AGENCY: Environmental Protection address below. Agency (EPA). marked ‘‘late.’’ EPA is not required to ADDRESSES: Address all comments to consider these late comments. ACTION: Notice of availability of draft Karen O’Brien, U.S. EPA Region 2, 290 If you submit an electronic comment, permit. Broadway, 24th Floor, New York, New EPA recommends that you include your SUMMARY: Today’s notice makes York 10007. Submit electronic name, mailing address, and an e-mail available for public comment the draft comments to [email protected]. address or other contact information in NPDES Permit for Concentrated Animal FOR FURTHER INFORMATION CONTACT: the body of your comment and with any Feeding Operations for Puerto Rico for Karen O’Brien, (212) 637–3717 or Jeff disk or CD–ROM you submit. This public review and comment. This draft Gratz, (212) 637–3873. ensures that you can be identified as the permit is being published to meet one SUPPLEMENTARY INFORMATION: Copies of submitter of the comment and allows of EPA’s key action items in the the draft NPDES Permit for EPA to contact you in case EPA cannot Concentrated Animal Feeding Concentrated Animal Feeding read your comment due to technical Operations Regulations—to issue Operations for Puerto Rico may be difficulties or needs further information NPDES permits to reduce risk to water obtained on the Internet at: http:// on the substance of your comment. Any quality and human health from animal www.epa.gov/owm. If you do not have identifying or contact information feeding operations by December 2006. Internet access, you may obtain a paper provided in the body of a comment will Please note that this Draft Permit for copy of the draft guidance by calling the CAFOs in Puerto Rico has been sent to be included as part of the comment that EPA Region 2 at (212) 637–3717. The Public Notice in both an English and a is placed in the official public docket, draft permit is also available in Spanish Newspaper in Puerto Rico for a electronic format. and made available in EPA’s electronic period of 60 days. public docket. If EPA cannot read your The Concentrated Animal Feeding Dated: March 10, 2005. comment due to technical difficulties Operation (CAFO) General Permit is a Kevin Bricke, and cannot contact you for clarification, single permit which covers all CAFOs Deputy Director, Division of Environmental EPA may not be able to consider your that apply for coverage in the Planning and Protection, Region II. comment. Commonwealth of Puerto Rico. [FR Doc. 05–6038 Filed 3–25–05; 8:45 am] Your use of EPA’s electronic public Consequently, those CAFOs which are BILLING CODE 6560–50–P docket to submit comments to EPA covered by the General Permit will have electronically is EPA’s preferred method identical permit language and for receiving comments. The electronic requirements. Unique facility-specific EQUAL EMPLOYMENT OPPORTUNITY public docket system is an ‘‘anonymous requirements will be similarly COMMISSION referenced in the permit. The facility- access’’ system, which means EPA will Sunshine Act; Meetings not know your identity, e-mail address, specific requirements are found in the Puerto Rico Environmental Quality or other contact information unless you DATE AND TIME: Thursday, March 24, Board’s regulations for Animal Feeding provide it in the body of your comment. 2005, 1 p.m. Eastern Time. Operations and detailed in an In contrast to EPA’s electronic public Agricultural Waste Management Plan PLACE: Clarence M. Mitchell, Jr. docket, EPA’s electronic mail (e-mail) (AWMP). The AWMP is a requirement Conference Room on the Ninth Floor of system is not an ‘‘anonymous access’’ for all CAFOs. For Puerto Rico the the EEOC Office Building, 1801 ‘‘L’’ system. If you send an e-mail comment AWMP is synonymous with a Residuals Street, NW., Washington, DC 20507. directly to the Docket without going Management System. STATUS: The meeting will be open to the through EPA’s electronic public docket, Only Animal Feeding Operations public. your e-mail address is automatically (AFOs) which meet the definition of a MATTERS TO BE CONSIDERED: captured and included as part of the CAFO are eligible to apply for coverage Open Season comment that is placed in the official under the General Permit. AFOs which public docket, and made available in do not meet the definition are not 1. Announcement of Notation Votes, EPA’s electronic public docket. eligible to be covered under the General and 2. Spring 2005 Regulatory Agenda Dated: March 18, 2005. Permit. To determine if your operation is a CAFO, see 40 CFR 122.23 (4) and Note: In accordance with the Sunshine Act, Richard B. Ossias, (6) as well as Part VII of the Definitions this meeting will be open to public Acting Associate General Counsel, Air and section of the General Permit. In observation of the Commission’s Radiation Law Office, Office of General addition, facilities can be designated as deliberations and voting. (In addition to Counsel. CAFOs on a case by case basis. publishing notices on EEOC Commission [FR Doc. 05–6039 Filed 3–25–05; 8:45 am] EPA believes that comments from a meetings in the Federal Register, the Commission also provides a recorded BILLING CODE 6560–50–P wide range of interested stakeholders is important to produce a final permit that announcement a full week in advance on future Commission sessions.) will help EPA achieve the goal of reducing risk to water quality and Please telephone (202) 663–7100 human health from animal feeding (voice) and (202) 663–4074 (TTY) at any operations. EPA is interested in time for information on these meetings.

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Contact Person for More Information: current research environment, and the SUMMARY: In accordance with section Stephen Llewellyn, Acting Executive Subcommittee on Research involving 10(a) of the Federal Advisory Committee Officer on (202) 663–4070. Children, which is assessing the HHS Act, this notice announces the first Dated: March 23, 2005. regulations and policies for research meeting of the Citizens’ Health Care Working Group mandated by section Stephen Llewellyn, involving children. The subcommittees were established by SACHRP at its 1014 of the Medicare Modernization Acting Executive Officer, Executive Act. Secretariat. October 4–5, 2004, meeting and at its inaugural meeting on July 22, 2003, [FR Doc. 05–6093 Filed 3–23–05; 4:12 pm] DATES: The meeting will be held on respectively. In addition, the Committee BILLING CODE 6750–06–M Monday, April 11, 2005 from 8:30 a.m. will receive the final report from the to 5 p.m. and Tuesday, April 12, 2005 Subpart C Subcommittee which from 8:30 a.m. to 3:30 p.m. addressed issues related to HHS ADDRESSES: The meeting will be held at DEPARTMENT OF HEALTH AND regulations and policies for research HUMAN SERVICES the Agency for Healthcare Research and involving prisoners. Quality, 540 Gaither Road, Rockville, Meeting of the Secretary’s Advisory On April 19, 2005, the Committee will Maryland 20850. The meeting is open to Committee on Human Research receive presentations and participate in the public. discussions on the following topics: Protections FOR FURTHER INFORMATION CONTACT: investigator education; human research Larry T. Patton, AHRQ Liaison to the AGENCY: Office of the Secretary, protection program accreditation Citizens’ Health Care Working Group, at Department of Health and Human standards for investigator education; the (202) 260–7251 or [email protected]. Services. role of the institutional official in a If sign language interpretation or other ACTION: Notice. human research protection program; reasonable accommodation for a and incentives and disincentives for IRB disability is needed, please contact Mr. SUMMARY: Pursuant to Section 10(a) of monitoring and audit programs. Donald L. Inniss, Director, Office of the Federal Advisory Committee Act, as Public attendance at the meeting is Equal Employment Opportunity amended (5 U.S.C. Appendix 2), notice limited to space available. Individuals Program, Program Support Center, on is hereby given that the Secretary’s who plan to attend the meeting and (301) 443–1144 no later than April 1, Advisory Committee on Human need special assistance, such as sign 2005. Agenda, roster, and minutes are Research Protections (SACHRP) will language interpretation or other available from Larry T. Patton, AHRQ hold its seventh meeting. The meeting reasonable accommodations, should Liaison to the Citizens’ Health Care will be open to the public. notify the designated contact persons. Working group, at (202) 260–7251 or DATES: The meeting will be held on Members of the public will have the [email protected]. Monday, April 18, 2005, from 8:30 a.m. opportunity to provide comments on SUPPLEMENTARY INFORMATION: Section to 5 p.m. and on Tuesday, April 19, both days of the meeting. Public 1014 of Pub. L. 108–173, the Medicare 2005 from 8:30 a.m. until 4:30 p.m. comment will be limited to five minutes Modernization Act (42 U.S.C. 299 note) ADDRESSES: The Radisson Hotel Old per speaker. Any members of the public directs the Secretary of the Department Town Alexandria, 901 North Fairfax who wish to have printed material of Health and Human Services (DHHS), Street, Alexandria, Virginia 22314. distributed to SACHRP members for this acting through the Agency for scheduled meeting should submit FOR FURTHER INFORMATION CONTACT: Healthcare Research and Quality, to materials to the Executive Director, Bernard Schwetz, D.V.M., Ph.D., establish a Citizens’ Health Care SACHRP, prior to the close of business Director, Office for Human Research Working Group (Working Group). The on Wednesday, April 13, 2005. Protections (OHRP), or Catherine statute charges the Working Group to: Information about SACHRP and the Slatinshek, Executive Director, (1) Identify options for changing our draft meeting agenda will be posted on Secretary’s Advisory Committee on health care system so that every the SACHRP Web site at http:// Human Research Protections; American has the ability to obtain www.hhs.gov/ohrp/sachrp. Department of Health and Human quality, affordable health care coverage; Services, 1101 Wootton Parkway, Suite Dated: March 22, 2005. (2) provide for a nationwide public 200; Rockville, MD 20852; (301) 496– Bernard A. Schwetz, debate about improving the health care 7005; fax: (301) 496–0527; e-mail Director, Office for Human Research system; and (3) submit their address: [email protected]. Protections, Executive Secretary, Secretary’s recommendations to the President and SUPPLEMENTARY INFORMATION: Under the Advisory Committee on Human Research the Congress. authority of 42 U.S.C. 217a, Section 222 Protection. The Citizens’ Health Care Working of the Public Health Service Act, as [FR Doc. 05–6021 Filed 3–25–05; 8:45 am] Group is composed of 15 members: the amended, SACHRP was established to BILLING CODE 4150–36–P Secretary of DHHS is designated as a provide expert advice and member by the statute and the recommendations to the Secretary of Comptroller General of the U.S. Health and Human Services (HHS) and DEPARTMENT OF HEALTH AND Government Accountability Office the Assistant Secretary for Health on HUMAN SERVICES (GAO) is directed to appoint the issues and topics pertaining to or remaining 14 members. The Comptroller associated with the protection of human Agency for Healthcare Research and General announced the 14 appointments research subjects. Quality on February 28, 2005. A list of the On April 18, 2005, SACHRP will Meeting of the Citizens’ Health Care Working group members is available on receive and discuss preliminary reports the GAO Web site (http://www.gao.gov.). from its two subcommittees, the Subpart Working Group Agenda A Subcommittee, which is evaluating AGENCY: Agency for Healthcare Research the application of HHS regulations for and Quality (AHRQ). On April 11 and April 12, 2005, the the protection of human subjects at meeting will begin at 8:30 a.m., with the ACTION: Notice of public meeting. subpart A of 45 CFR part 46 in the call to order by the Working group

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Chair. This first meeting of the Working comments to Seleda Perryman, CDC civilian injuries. In line with Healthy group will address organizational Assistant Reports Clearance Officer, People 2010 objectives, NCIPC works to issues; a review of its statutory charge, 1600 Clifton Road, MS–D74, Atlanta, reduce and eliminate non-fatal and fatal review of applicable Federal regulations GA 30333 or send an e-mail to injuries from residential fires. In order governing its work, the development of [email protected]. to develop effective fire-related injury additional policies to govern its Comments are invited on: (a) Whether prevention programs, a better operations, and the establishment of the the proposed collection of information understanding of human behavior in format, location, and schedule for their is necessary for the proper performance fires is needed. initial meetings. The official agenda will of the functions of the agency, including The design of this study will be a be available on AHRA’s Web site at whether the information shall have matched-pair, case-control study. Cases http://www.ahrq.gov no later than April practical utility; (b) the accuracy of the will be defined as individuals who were 1, 2005. agency’s estimate of the burden of the injured in a residential fire and controls Dated: March 24, 2005. proposed collection of information; (c) will be individuals who were involved Carolyn M. Clancy, ways to enhance the quality, utility, and in a residential fire, but were not clarity of the information to be injured. Fire incidents involving a Director. collected; and (d) ways to minimize the fatality will be excluded from this [FR Doc. 05–6176 Filed 3–24–05; 1:58 pm] burden of the collection of information study. Local fire departments BILLING CODE 4160–90–M on respondents, including through the throughout the United States will use of automated collection techniques submit fire incident reports to study DEPARTMENT OF HEALTH AND or other forms of information personnel, who will select incidents HUMAN SERVICES technology. Written comments should based on geographical location. Further be received within 60 days of this screening for eligibility will be done Centers for Disease Control and notice. using a brief telephone interview. For Prevention Proposed Project: Human Behavior in those selected, interviewers will Fire Study—New—National Center for conduct in-depth, computer-assisted [60Day–05BS] Injury Prevention and Control (NCIPC), face-to-face interviews with participants. The sequence of events Proposed Data Collections Submitted Centers for Disease Control and surrounding the fire and the behaviors for Public Comment and Prevention (CDC). of interviewees will be ascertained Recommendations Background and Brief Description: This project will characterize the using the Behavioral Sequence In compliance with the requirement behaviors of individuals who were Interview Technique. In addition, of section 3506(c)(2)(A) of the involved in a residential fire, and information on the nature of injuries Paperwork Reduction Act of 1995 for determine which behaviors are sustained; characteristics of the fire and opportunity for public comment on associated with injuries sustained in the home structure; other occupants proposed data collection projects, the fire incident. Behaviors related to fire present; previous fire experiences; Centers for Disease Control and escape planning and practice, smoke safety training; and demographics on Prevention (CDC) will publish periodic alarm installation and maintenance, the persons interviewed will be summaries of proposed projects. To physical and visual access to escape collected. The only cost to the request more information on the routes, etc., will be studied. In the respondents is the time involved to proposed projects or to obtain a copy of United States each year, there are complete the screening and/or face-to- the data collection plans and approximately 400,000 residential fires, face interviews. instruments, call 404–371–5983 or send with 14,000 non-fatal and 3,000 fatal Estimate of Annualized Burden Table:

Number of Average Number of responses burden per Total Respondents respondents per response burden respondent (in hours) (in hours)

Adults—Screened ...... 1,250 1 15/60 313 Adults—Cases and Controls ...... 1,000 1 1 1,000

Total ...... 1,313

Dated: March 21, 2005. DEPARTMENT OF HEALTH AND proposed data collection projects, the Betsey Dunaway, HUMAN SERVICES Centers for Disease Control and Acting Reports Clearance Officer, Centers for Prevention (CDC) will publish periodic Disease Control and Prevention. Centers for Disease Control and summaries of proposed projects. To Prevention [FR Doc. 05–6031 Filed 3–25–05; 8:45 am] request more information on the proposed projects or to obtain a copy of BILLING CODE 4163–18–P [60Day–05BQ] the data collection plans and instruments, call 404–371–5983 or send Proposed Data Collections Submitted comments to Seleda Perryman, CDC for Public Comment and Assistant Reports Clearance Officer, Recommendations 1600 Clifton Road, MS–D74, Atlanta, In compliance with the requirement GA 30333 or send an e-mail to of section 3506(c)(2)(A) of the [email protected]. Paperwork Reduction Act of 1995 for Comments are invited on: (a) Whether opportunity for public comment on the proposed collection of information

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is necessary for the proper performance Centers for Disease Control and The participants for this study will of the functions of the agency, including Prevention (CDC). include key informants in five whether the information shall have Background and Brief Description: categories: Community leaders, DETS practical utility; (b) the accuracy of the This study is part of a larger evaluation Advisory Board members, DETS agency’s estimate of the burden of the of the multi-year Diabetes Education in Curriculum Subcommittee members, proposed collection of information; (c) Tribal Schools (DETS) project to community teachers, and community ways to enhance the quality, utility, and develop and pilot test a science based parents. Potential participants will be clarity of the information to be diabetes prevention curriculum for identified by DETS Subcommittee collected; and (d) ways to minimize the members and invited to participate in Native American school children. As burden of the collection of information this research activity. These individuals part of the overall evaluation (before the on respondents, including through the will be invited to participate because curriculum is pilot tested), it will be use of automated collection techniques they are already involved in the project important to understand the community or other forms of information and are familiar with the curriculum. context and identify implementation technology. Written comments should A maximum of 18 individuals from be received within 60 days of this issues. Through a series of qualitative each category will be interviewed for a notice. interviews with key informants, the study will obtain information about: (1) total of 90 participants. All participants Proposed Project The community’s experience with will be adults, both male and female, Understanding the Community diabetes; (2) community readiness to over the age of 18. It is expected that Context of the Diabetes Education in adopt the DETS curriculum; (3) the approximately 75% of participants will Tribal Schools Project—New—National connection between the DETS project be Native American and 25% will be Center for Chronic Disease Prevention and the community; and (4) the best fit non-Native American. There is no cost and Health Promotion/Division of between the curriculum and community to respondents other than their time. Diabetes Translation (NCCDPHP/DDT), schools. Estimate of Annualized Burden Table:

Number of Number of responses Avg. burden Total burden Respondent respondents per per response hours respondent (in hours)

Community Leaders/Elders ...... 18 1 45/60 13.5 Parents ...... 18 1 45/60 13.5 Teachers ...... 18 1 45/60 13.5 DETS Curriculum Subcommittee Members ...... 18 1 45/60 13.5 DETS Advisory Board Members ...... 18 1 45/60 13.5

Totals: ...... 90 ...... 67.5

Dated: March 21, 2005. continued eligibility for Public available for public inspection at this Betsey Dunaway, Assistance. The match will utilize address. Acting Reports Clearance Officer, Centers for National Directory of New Hire (NDNH) Disease Control and Prevention. records and IMA records. The purpose FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–6032 Filed 3–25–05; 8:45 am] of the computer matching program is to Director, Office of Federal Systems, Office of Child Support Enforcement, BILLING CODE 4163–18–P exchange personal data for purposes of identifying individuals who are Aerospace Building, 370 L’Enfant employed and also are receiving Promenade, SW., Washington, DC DEPARTMENT OF HEALTH AND payments pursuant to the Temporary 20047. Telephone Number (202) 401– HUMAN SERVICES Assistance for Needy Families (TANF) 9271. Administration for Children and benefit program administered by IMA. SUPPLEMENTARY INFORMATION: Pub. L. Families DATES: OCSE will file a report of the 100–503, the Computer Matching and subject OCSE matching program with Privacy Protection Act of 1988, Privacy Act of 1974, as Amended; the Committee on Homeland Security amended the Privacy Act (5 U.S.C. 552a) Computer Matching Program and Governmental Affairs of the Senate by adding certain protections for AGENCY: Office of Child Support and the Committee on Government individuals applying for and receiving Enforcement (OCSE), ACF, DHHS. Reform of the House of Representatives, Federal benefits. The law regulates the use of computer matching by Federal ACTION: Notice of a computer matching and the Office of Information and agencies when records in a system of program. Regulatory Affairs, Office of Management and Budget (OMB). The records are matched with other Federal, SUMMARY: In compliance with the matching program will be effective as state and local government records. Privacy Act of 1974, as amended by indicated below. The amendments require Federal Pub. L. 100–503, the Computer agencies involved in computer matching ADDRESSES: Interested parties may Matching and Privacy Protection Act of programs to: 1988, we are publishing a notice of a comment on this notice by writing to computer matching program that OCSE the Director, Office of Federal Systems, 1. Negotiate written agreements with will conduct on behalf of itself and the Office of Child Support Enforcement, source agencies; District of Columbia Department of Aerospace Building, 370 L’Enfant 2. Provide notification to applicants Human Services, Income Maintenance Promenade, SW., Washington, DC and beneficiaries that their records are Administration (IMA) for verification of 20047. All comments received will be subject to matching;

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3. Verify match findings before Insurance information. The matches DATES: Submit written or electronic reducing, suspending, or terminating an will be furnished by OCSE to IMA. comments on the collection of individual’s benefits or payments; 1. The electronic files provided by information by May 27, 2005. 4. Furnish detailed reports to IMA will contain data elements of the ADDRESSES: Submit electronic Congress and OMB; and client’s name and SSN. comments on the collection of 5. Establish a Data Integrity Board that 2. OCSE will match the SSN on the information to: http://www.fda.gov/ must approve matching agreements. IMA file by computer against the NDNH dockets/ecomments. Submit written This Computer Match meets the database. Matching records, based on comments on the collection of requirements of Pub. L. 100–503. SSNs, will produce data elements of the information to the Division of Dockets Dated: March 22, 2005. individual’s name; SSN; employer, and Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. David H. Siegel, current work or home address, etc. 1061, Rockville, MD 20852. All Acting Commissioner, Office of Child Support E. Inclusive Dates of the Matching comments should be identified with the Enforcement. Program docket number found in brackets in the Notice of Computer Matching Program The effective date of the matching heading of this document. agreement and date when matching may FOR FURTHER INFORMATION CONTACT: A. Participating Agencies actually begin shall be at the expiration Karen Nelson, Office of Management OCSE and IMA. of the 40-day review period for OMB Programs (HFA–250), Food and Drug and Congress, or 30 days after Administration, 5600 Fishers Lane, B. Purpose of the Match publication of the matching notice in Rockville, MD 20857, 301–827–1482. To exchange personal data for the Federal Register, whichever date is SUPPLEMENTARY INFORMATION: Under the purposes of identifying individuals who later. By agreement between DHHS and PRA (44 U.S.C. 3501–3520), Federal are employed and also are receiving IMA, the matching program will be in agencies must obtain approval from the payments pursuant to TANF benefit effect for 18 months from the effective Office of Management and Budget programs being administered by the date, with an option to renew for 12 (OMB) for each collection of IMA and to verify continuing eligibility additional months, unless one of the information they conduct or sponsor. for TANF benefits. parties to the agreement advises the ‘‘Collection of information’’ is defined OCSE will match public assistance other by written request to terminate or in 44 U.S.C. 3502(3) and 5 CFR records, obtained from IMA, to the modify the agreement. 1320.3(c) and includes agency requests NDNH. After matching has been [FR Doc. 05–6056 Filed 3–25–05; 8:45 am] or requirements that members of the conducted, OCSE will provide matched BILLING CODE 4184–01–M public submit reports, keep records, or data to IMA which will use this provide information to a third party. information to verify the continued Section 3506(c)(2)(A) of the PRA (44 eligibility of individuals to receive DEPARTMENT OF HEALTH AND U.S.C. 3506(c)(2)(A)) requires Federal public assistance benefits and, if HUMAN SERVICES agencies to provide a 60-day notice in ineligible, to take such action, as may be the Federal Register concerning each authorized by law and regulation. Under Food and Drug Administration proposed collection of information, the matching program, IMA will obtain including each proposed extension of an data provided by OCSE. [Docket No. 2005N–0100] existing collection of information, C. Authority for Conducting the Match before submitting the collection to OMB Agency Information Collection for approval. To comply with this The authority for conducting the Activities; Proposed Collection; requirement, FDA is publishing notice matching program is contained in Comment Request; Current Good of the proposed collection of section 453(j)(3) of the Social Security Manufacturing Practice Regulations for information set forth in this document. Act (42 U.S.C. 653(j)(3)). Finished Pharmaceuticals With respect to the following D. Records To Be Matched collection of information, FDA invites AGENCY: Food and Drug Administration, comments on these topics: (1) Whether The system of records maintained by HHS. the proposed collection of information the ACF under the Privacy Act of 1974, ACTION: Notice. is necessary for the proper performance as amended, 5 U.S.C. 552a, from which of FDA’s functions, including whether records will be disclosed for the SUMMARY: The Food and Drug the information will have practical purpose of this computer match, is the Administration (FDA) is announcing an utility; (2) the accuracy of FDA’s Location and Collection System of opportunity for public comment on the estimate of the burden of the proposed Records, DHHS/OCSE No. 09–90–0074, proposed collection of certain collection of information, including the last published in the Federal Register at information by the agency. Under the validity of the methodology and 69 FR 31392 on June 3, 2004. The match Paperwork Reduction Act of 1995 (the assumptions used; (3) ways to enhance is a routine use under this system of PRA), Federal agencies are required to the quality, utility, and clarity of the records. publish notice in the Federal Register information to be collected; and (4) OCSE, as the source agency, will concerning each proposed collection of ways to minimize the burden of the collect from IMA electronic files information, including each proposed collection of information on containing the names and other extension of an existing collection of respondents, including through the use personal identifying data of eligible information, and to allow 60 days for of automated collection techniques, public assistance beneficiaries. Upon public comment in response to the when appropriate, and other forms of receipt of the electronic files of IMA notice. This notice solicits comments on information technology. beneficiaries, OCSE will perform a the information collection provisions of CGMP Regulations for Finished computer match against the NDNH. The FDA’s current good manufacturing Pharmaceuticals—21 CFR Parts 210 NDNH database consists of Quarterly practice (CGMP) regulations for finished and 211 (OMB Control Number 0910– Wage, New Hire, and Unemployment pharmaceuticals. 0139)—Extension

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Under section 501(a)(2)(B) of the or in part, provided that the shipment received. This code must be Federal Food, Drug, and Cosmetic Act requirements of this part are met.’’ To used in recording the disposition of (the act) (21 U.S.C. 351(a)(2)(B)), a drug the extent this electronic option is used, each lot. Each lot must be appropriately is adulterated if the methods used in, or the burden of maintaining paper records identified as to its status. the facilities or controls used for, its should be substantially reduced, as • Section 211.100(b)—Written manufacture, processing, packing, or should any review of such records. production and process control holding do not conform to, or are not In order to facilitate improvements procedures must be followed in the operated or administered in conformity and corrective actions, records must be execution of the various production and with, CGMPs to ensure that such drug maintained so that data can be used for process control functions and must be meets the requirements of the act as to evaluating, at least annually, the quality documented at the time of performance. safety, and has the identity and strength, standards of each drug product to Any deviation from the written and meets the quality and purity determine the need for changes in drug procedures must be recorded and characteristics, which it purports or is product specifications or manufacturing justified. represented to possess. or control procedures (§ 211.180(e)). • Section 211.105(b)—Major FDA has the authority under section Written procedures for these evaluations equipment must be identified by a 701(a) of the act (21 U.S.C. 371(a)) to are to be established and include distinctive identification number or issue regulations for the efficient provisions for a review of a code that must be recorded in the batch enforcement of the act regarding CGMP representative number of batches and, production record to show the specific procedures for manufacturing, where applicable, records associated equipment used in the manufacture of processing, and holding drugs and drug with the batch; provisions for a review each batch of a drug product. In cases products. The CGMP regulations help of complaints, recalls, returned or where only one of a particular type of ensure that drug products meet the salvaged drug products; and equipment exists in a manufacturing statutory requirements for safety and investigations conducted under facility, the name of the equipment may have their purported or represented § 211.192 for each drug product. be used in lieu of a distinctive identity, strength, quality, and purity The specific recordkeeping identification number or code. characteristics. The information requirements provided in table 1 of this • Section 211.122(c)—Records must collection requirements in the CGMP document are as follows: be maintained for each shipment regulations provide FDA with the • Section 211.34—Consultants received of each different labeling and necessary information to perform its advising on the manufacture, packaging material indicating receipt, duty to protect public health and safety. processing, packing, or holding of drug examination, or testing. CGMP requirements establish products must have sufficient • Section 211.130(e)—Inspection of accountability in the manufacturing and education, training, and experience to packaging and labeling facilities must be processing of drug products, provide for advise on the subject for which they are made immediately before use to assure meaningful FDA inspections, and retained. Records must be maintained that all drug products have been enable manufacturers to improve the stating the name, address, and removed from previous operations. quality of drug products over time. The qualifications of any consultants and the Inspection must also be made to assure CGMP recordkeeping requirements also type of service they provide. that packaging and labeling materials serve preventive and remedial purposes, • Section 211.67(c)—Records must be not suitable for subsequent operations and provide crucial information if it is kept of maintenance, cleaning, have been removed. Results of necessary to recall a drug product. sanitizing, and inspection as specified inspection must be documented in the The general requirements for in §§ 211.180 and 211.182. batch production records. recordkeeping under part 211 (21 CFR • Section 211.68—Appropriate • Section 211.132(c)—Certain retail part 211) are set forth in § 211.180. Any controls must be exercised over packages of OTC drug products must production, control, or distribution computer or related systems to assure bear a statement that is prominently record associated with a batch and that changes in master production and placed so consumers are alerted to the required to be maintained in control records or other records are specific tamper-evident feature of the compliance with part 211 must be instituted only by authorized personnel. package. The labeling statement is retained for at least 1 year after the • Section 211.68(a)—Records must be required to be so placed that it will be expiration date of the batch and, for maintained of calibration checks, unaffected if the tamper-resistant feature certain over-the-counter (OTC) drugs, 3 inspections, and computer or related of the package is breached or missing. years after distribution of the batch system programs for automatic, If the tamper-evident feature chosen is (§ 211.180(a)). Records for all mechanical, and electronic equipment. one that uses an identifying components, drug product containers, • Section 211.68(b)—All appropriate characteristic, that characteristic is closures, and labeling are required to be controls must be exercised over all required to be referred to in the labeling maintained for at least 1 year after the computers or related systems and statement. expiration date and 3 years for certain control data systems to assure that • Section 211.132(d)—A request for OTC products (§ 211.180(b)). changes in master production and an exemption from packaging and All part 211 records must be readily controls records or other records are labeling requirements by a manufacturer available for authorized inspections instituted only by authorized persons. or packer is required to be submitted in during the retention period • Section 211.72—Filters for liquid the form of a citizen petition under 21 (§ 211.180(c)), and such records may be filtration used in the manufacture, CFR 10.30. retained either as original records or as processing, or packing of injectable drug • Section 211.137—Requirements true copies (§ 211.180(d)). In addition, products intended for human use must regarding product expiration dating and 21 CFR 11.2(a) provides that ‘‘for not release fibers into such products. compliance with 21 CFR 201.17 are set records required to be maintained but • Section 211.80(d)—Each container forth. not submitted to the agency, persons or grouping of containers for • Section 211.160(a)—The may use electronic records in lieu of components or drug product containers establishment of any specifications, paper records or electronic signatures in or closures must be identified with a standards, sampling plans, test lieu of traditional signatures, in whole distinctive code for each lot in each procedures, or other laboratory control

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mechanisms, including any change in • Section 211. 186—Specifies master • Section 211.100(a)—Production and such specifications, standards, sampling production and control records process control; plans, test procedures, or other requirements. • Section 211.110(a)—Sampling and laboratory control mechanism, must be • Section 211.188—Specifies batch testing of in-process materials and drug drafted by the appropriate production and control records products; organizational unit and reviewed and requirement. • Section 211.113(a)—Prevention of approved by the quality control unit. • Section 211.192—Specifies the objectionable microorganisms in drug These requirements must be followed information that must be maintained on products not required to be sterile; and documented at the time of the investigation of discrepancies found • Section 211.113(b)—Prevention of performance. Any deviation from the in the review of all drug product microbiological contamination of drug written specifications, standards, production and control records by the products purporting to be sterile, sampling plans, test procedures, or quality control staff. including validation of any sterilization other laboratory control mechanisms • Section 211.194—Explains and process; • must be recorded and justified. describes laboratory records that must Section 211.115(a)—System for • Section 211.165(e)—The accuracy, be retained. reprocessing batches that do not sensitivity, specificity, and • Section 211.196—Specifies the conform to standards or specifications, reproducibility of test methods information that must be included in to insure that reprocessed batches employed by a firm must be established records on the distribution of the drug. conform with all established standards, and documented. Such validation and • specifications, and characteristics; Section 211.198—Specifies and • documentation may be accomplished in describes the handling of all complaint Section 211.122(a)—Receipt, accordance with § 211.194(a)(2). files received by the applicant. identification, storage, handling, • Section 211.166(c)—Homeopathic • Section 211.204—Specifies that sampling, examination, and/or testing of drug product requirements are set forth. records be maintained of returned and labeling and packaging materials; • Section 211.173—Animals used in • Section 211.125(f)—Control testing components, in-process salvaged drug products and describes the procedures involved. procedures for the issuance of labeling; materials, or drug products for • Section 211.130—Packaging and Written procedures, referred to here compliance with established label operations, prevention of mixup as standard operating procedures specifications must be maintained and and cross contamination, identification (SOPs), are required for many part 211 controlled in a manner that assures their and handling of filed drug product records. The current SOP requirements suitability for their intended use. They containers that are set aside and held in were initially provided in a final rule must be identified, and adequate unlabeled condition, and identification published in the Federal Register of records must be maintained showing the of the drug product with a lot or control September 29, 1978 (43 FR 45014), and history of their use. number that permits determination of are now an integral and familiar part of • Section 211.180(e)—Written the history of the manufacture and the drug manufacturing process. The records required by part 211 must be control of the batch; major information collection impact of maintained so that data can be used for • Section 211.142—Warehousing; evaluating, at least annually, the quality SOPs results from their creation. • Section 211.150—Distribution of standards of each drug product to Thereafter, SOPs need to be periodically drug products; determine the need for changes in drug updated. A combined estimate for • Section 211.160—Laboratory product specifications or manufacturing routine maintenance of SOPs is controls; or control procedures. Written provided in table 1 of this document. • Section 211.165(c)—Testing and procedures must be established and The 25 SOP provisions under part 211 release for distribution; followed for such evaluations and must in the combined maintenance estimate • Section 211.166(a)—Stability include provisions for a representative include: testing; • number of batches, whether approved or Section 211.22(d)—Responsibilities • Section 211.167—Special testing unapproved or rejected, and a review of and procedures of the quality control requirements; complaints, recalls, returned or salvaged unit; • Section 211.180(f)—Notification of • drug products, and investigations Section 211.56(b)—Sanitation responsible officials of investigations, conducted under § 211.192 for each procedures; recalls, reports of inspectional • drug product. Section 211.56(c)—Use of suitable observations, and any regulatory actions • Section 211.180(f)—Procedures rodenticides, insecticides, fungicides, relating to good manufacturing practice; must be established to assure that the fumigating agents, and cleaning and • Section 211.198(a)—Written and responsible officials of the firm, if they sanitizing agents; oral complaint procedures, including are not personally involved in or • Section 211.67(b)—Cleaning and quality control unit review of any immediately aware of such actions, are maintenance of equipment; complaint involving specifications notified in writing of any investigations • Section 211.68(a)—Proper failures, and serious and unexpected conducted under § 211.198, § 211.204, performance of automatic, mechanical, adverse drug experiences; or § 211.208, any recalls, reports of and electronic equipment; • Section 211.204—Holding, testing, inspectional observations issued, or any • Section 211.80(a)—Receipt, and reprocessing of returned drug regulatory actions relating to good identification, storage, handling, products; and manufacturing practices brought by sampling, testing, and approval or • Section 211.208—Drug product FDA. rejection of components and drug salvaging. • Section 211.182—Specifies product containers or closures; Although most of the CGMP requirements for equipment cleaning • Section 211.94(d)—Standards or provisions covered in this document records and the use log. specifications, methods of testing, and were created many years ago, there will • Section 211.184—Specifies methods of cleaning, sterilizing, and be some existing firms expanding into requirements for component, drug processing to remove pyrogenic new manufacturing areas and startup product container, closure, and labeling properties for drug product containers firms that will need to create SOPs. As records. and closures; provided in table 1 of this document,

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FDA is assuming that approximately recordkeeping requirements, and (2) The May 3, 1996, proposed rule 100 firms will have to create up to 25 data provided to FDA to prepare an revising part 211 CGMP requirements SOPs for a total of 2,500 records, and economic analysis of the potential would require additional SOPs. Cost the agency estimates that it will take 20 economic impact of the May 3, 1996, estimates for those additional SOPs hours per recordkeeper to create 25 new proposed rule entitled ‘‘Current Good were included in the proposed rule, but SOPs, for a total of 50,000 hours. Manufacturing Practice: Proposed are not included here. Any comments The burden estimates for the Amendment of Certain Requirements for on those estimates will be evaluated in recordkeeping requirements in table 1 of Finished Pharmaceuticals’’ (61 FR any final rule based on that proposal. this document are based on the 20104). Annual SOP maintenance is following factors: (1) FDA’s institutional estimated to involve 1 hour annually FDA estimates the burden of this experience regarding creation and per SOP, totaling 25 hours annually per collection of information as follows: review of such procedures and similar recordkeeper.

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Recordkeeper Total Hours

SOP Maintenance (See list of 25 SOPs in the SUPPLEMENTARY INFORMATION section of this document) 4,184 1 4,184 25 104,600

New startup SOPs 100 25 2,500 20 50,000

211.34 4,184 .25 1,046 .5 523

211.67(c) 4,184 50 209,200 .25 52,300

211.68 4,184 2 8,368 1 8,368

211.68(a) 4,184 10 41,840 .5 20,920

211.68(b) 4,184 5 20,920 .25 5,230

211.72 4,184 .25 1,046 1 1,046

211.80(d) 4,184 .25 1,046 .1 105

211.100(b) 4,184 3 12,552 2 25,104

211.105(b) 4,184 .25 1,046 .25 262

211.122(c) 4,184 50 209,200 .25 52,300

211.130(e) 4,184 50 209,200 .25 52,300

211.132(c) 1,698 20 33,960 .5 16,980

211.132(d) 1,698 .2 340 .5 170

211.137 4,184 5 20,920 .5 10,460

211.160(a) 4,184 2 8,368 1 8,368

211.165(e) 4,184 1 4,184 1 4,184

211.166(c) 4,184 2 8,368 .5 4,184

211.173 1,077 1 1,077 .25 269

211.180(e) 4,184 .2 837 .25 209

211.180(f) 4,184 .2 837 1 837

211.182 4,184 2 8,368 .25 2,092

211.184 4,184 3 12,552 .5 6,276

211.186 4,184 10 41,840 2 83,680

211.188 4,184 25 104,600 2 209,200

211.192 4,184 2 8,368 1 8,368

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TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Recordkeeper Total Hours

211.194 4,184 25 104,600 .5 52,300

211.196 4,184 25 104,600 .25 26,150

211.198 4,184 5 20,920 1 20,920

211.204 4,184 10 41,840 .5 20,920

Total 848,625 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: March 21, 2005. which is typically a version of the drug CFR 10.30, requesting that the agency Jeffrey Shuren, that was previously approved. Sponsors determine whether ACIPHEX delayed- Assistant Commisssioner for Policy. of ANDAs do not have to repeat the release tablets, 10 mg, were withdrawn [FR Doc. 05–5976 Filed 3–25–05; 8:45 am] extensive clinical testing otherwise from sale for reasons of safety or BILLING CODE 4160–01–S necessary to gain approval of a new effectiveness. drug application (NDA). The only The agency has determined that clinical data required in an ANDA are Eisai’s ACIPHEX delayed-release tablets, DEPARTMENT OF HEALTH AND data to show that the drug that is the 10 mg, were not withdrawn from sale HUMAN SERVICES subject of the ANDA is bioequivalent to for reasons of safety or effectiveness. the listed drug. ACIPHEX delayed-release tablets, 10 Food and Drug Administration The 1984 amendments include what mg, were approved on May 29, 2002, is now section 505(j)(7) of the Federal [Docket No. 2004P–0285] and Eisai has never commercially Food, Drug, and Cosmetic Act (21 U.S.C. marketed the 10-mg dose. In previous 355(j)(7)), which requires FDA to Determination That ACIPHEX instances (see the Federal Register of publish a list of all approved drugs. (Rabeprazole Sodium) Delayed- December 30, 2002 (67 FR 79640 at FDA publishes this list as part of the Release Tablets, 10 Milligrams, Were 79641) (addressing a relisting request for ‘‘Approved Drug Products With Not Withdrawn From Sale for Reasons Diazepam Autoinjector)), FDA has Therapeutic Equivalence Evaluations,’’ of Safety or Effectiveness concluded that, for purposes of which is generally known as the §§ 314.161 and 314.162, never AGENCY: Food and Drug Administration, ‘‘Orange Book.’’ Under FDA regulations, marketing an approved drug product is HHS. drugs are withdrawn from the list if the equivalent to withdrawing the drug ACTION: Notice. agency withdraws or suspends approval from sale. There is no indication that of the drug’s NDA or ANDA for reasons SUMMARY: The Food and Drug Eisai’s decision not to market ACIPHEX of safety or effectiveness, or if FDA Administration (FDA) has determined delayed-release tablets, 10 mg, determines that the listed drug was that ACIPHEX (rabeprazole sodium) commercially is a function of safety or withdrawn from sale for reasons of delayed-release tablets, 10 milligrams effectiveness concerns, and the safety or effectiveness (§ 314.162 (21 (mg), were not withdrawn from sale for petitioner has identified no data or other reasons of safety or effectiveness. This CFR 314.162)). Under § 314.161(a)(1) (21 CFR information suggesting that ACIPHEX determination will allow FDA to 314.161(a)(1)), the agency must delayed-release tablets, 10 mg, pose a approve abbreviated new drug determine whether a listed drug was safety risk. FDA’s independent applications (ANDAs) for rabeprazole withdrawn from sale for reasons of evaluation of relevant information has sodium delayed-release tablets, 10 mg. safety or effectiveness before an ANDA uncovered nothing that would indicate FOR FURTHER INFORMATION CONTACT: that refers to that listed drug may be that this product was withdrawn for Elizabeth Sadove, Center for Drug approved. FDA may not approve an reasons of safety or effectiveness. Evaluation and Research (HFD–7), Food ANDA that does not refer to a listed After considering the citizen petition and Drug Administration, 5600 Fishers drug. and reviewing agency records, FDA Lane, Rockville, MD 20857, 301–594– ACIPHEX delayed-release tablets are determines that for the reasons outlined 2041. the subject of approved NDA 20–973 previously, ACIPHEX delayed-release SUPPLEMENTARY INFORMATION: In 1984, held by Eisai, Inc. (Eisai). ACIPHEX tablets, 10 mg, were not withdrawn from Congress enacted the Drug Price (rabeprazole sodium) delayed-release sale for reasons of safety or Competition and Patent Term tablets are a proton pump inhibitor effectiveness. Accordingly, the agency Restoration Act of 1984 (Public Law 98– indicated for the healing of erosive or will continue to list ACIPHEX 417) (the 1984 amendments), which ulcerative gastroesophageal reflux (rabeprazole sodium) delayed-release authorized the approval of duplicate disease (GERD), maintenance of healing tablets, 10 mg, in the ‘‘Discontinued versions of drug products approved of erosive GERD, healing of duodenal Drug Product List’’ section of the Orange under an ANDA procedure. ANDA ulcers, and treatment of pathological Book. The ‘‘Discontinued Drug Product sponsors must, with certain exceptions, hypersecretory conditions, including List’’ delineates, among other items, show that the drug for which they are Zollinger-Ellison Syndrome. Lachman drug products that have been seeking approval contains the same Consultant Services, Inc., submitted a discontinued from marketing for reasons active ingredient in the same strength citizen petition dated July 6, 2004 other than safety or effectiveness. and dosage form as the ‘‘listed drug,’’ (Docket No. 2004P–0285/CP1), under 21 ANDAs that refer to ACIPHEX delayed-

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release tablets, 10 mg, may be approved MD 20852. Submit electronic comments currently approved labeling to include by the agency. to http://www.fda.gov/dockets/ directions for using the two products Dated: March 17, 2005. ecomments. together. When sponsors work together to develop mutually conforming Jeffrey Shuren, FOR FURTHER INFORMATION CONTACT: For information about the public labeling, they usually have an ongoing Assistant Commissioner for Policy. relationship that enables them to resolve [FR Doc. 05–5975 Filed 3–25–05; 8:45 am] meeting contact: Suzanne O’Shea, Office of Combination Products, scientific or legal issues that may arise BILLING CODE 4160–01–S Food and Drug Administration as a result of the two products being the (HFG–3), suite 200, 15800 Crabbs responsibility of two independent Branch Way, Rockville, MD 20855, sponsors. For this reason, FDA DEPARTMENT OF HEALTH AND encourages sponsors to work together as HUMAN SERVICES 301–427–1934, FAX: 301–427– 1935, e-mail: [email protected]. much as possible when bringing to Food and Drug Administration To register to speak at the public market independently developed, meeting contact: Amanda Carmody, manufactured, and distributed products [Docket No. 2005N–0098] Drug Information Association, P.O. that are intended to be used together. Box 827192, Philadelphia, PA On occasion, however, the two Food and Drug Administration/Drug 19182–7192, e-mail: sponsors do not work together, and the Information Association Cross [email protected], or sponsor of a new product unilaterally Labeling; Public Meeting; Combination 215–442–6176. develops a product intended to be used Products and Mutually Conforming SUPPLEMENTARY INFORMATION: with an already approved or cleared Labeling product. The sponsor of the new I. Background AGENCY: Food and Drug Administration, product is frequently willing to develop HHS. An increasing number of combined data demonstrating the safe and effective use of both products used ACTION: Notice of public meeting; uses for drugs and devices, drugs and together. When the new product is request for comments. biological products, or devices and biological products are being developed intended to be used with the approved SUMMARY: The Food and Drug where the two products are product in a way that is significantly Administration (FDA), in cooperation independently approved, manufactured, different from ways described in the with the Drug Information Association and distributed. In some cases, when current labeling of the approved product (DIA), is announcing a public meeting to one product is already approved for a (e.g., for a different indication, route of solicit views and provide an interactive particular indication, route of administration or dose), refusal by the forum for discussion of stakeholders’ administration or dose, another sponsor sponsor of the approved product to perspectives about, and experiences may develop a separate product to be submit a supplement2 may preclude with, the legal and public health issues used with the approved product for an mutually conforming labeling. In some that arise when sponsors seek to indication, route of administration or cases, when the two sponsors do not develop or market a product of one type dose different from the one specified in work together, requiring that the two (device, drug, or biological product) that the current labeling of the approved products have mutually conforming would be labeled for use with an product. Frequently, the sponsors of the labeling could prevent the development already approved product of a different two products work together to develop of new products. FDA is concerned that type, and the approved product’s safety and effectiveness data and to valuable products may not be labeling would not be changed. The bring the two products to market with developed, manufactured, or distributed input received at the meeting and mutually conforming labeling, i.e., because of sponsor concerns about comments made to the docket after the labeling for each product that provides mutually conforming labeling. meeting will be considered in directions for using that product with Therefore, FDA is considering developing draft guidance on this topic. the other sponsor’s product. In such whether the agency should review and approve or clear drug-device, biologic- DATES: The public meeting will be held cases, the two products are considered device, or drug-biologic products, on May 10, 2005, from 8:30 a.m. to 5 a combination product under § 3.2(e)(3) where: p.m. Attendees must register to attend. (21 CFR 3.2(e)(3)), which states that a • One sponsor’s new product is Submit written or electronic requests to combination product includes: intended for use with another sponsor’s speak at the public meeting by April 26, A drug, device, or biological product approved or cleared product; 2005. Submit written or electronic packaged separately that according to its investigational plan or proposed labeling is • The approved or cleared product comments by July 8, 2005. intended for use only with an approved would be used in a way that is ADDRESSES: The public meeting will be individually specified drug, device, or significantly different from the use held at the Bethesda North Marriott biological product where both are required to described in its current labeling, e.g., a Hotel & Conference Center, 5701 achieve the intended use, indication, or effect different indication, route of and where upon approval of the proposed Marinelli Rd., North Bethesda, MD. A administration, or dose; copy of the meeting’s program and product the labeling of the approved product • would need to be changed, e.g., to reflect a Data are available to demonstrate registration information is available on change in intended use, dosage form, the safe and effective use of the two the Internet athttp://www.diahome.org/ strength, route of administration, or products together; Content/Events/05028.pdf, by significant changed in dose* * *. • There is no cooperation, ongoing contacting the Drug Information In order for the two products to have relationship, or right of reference Association, P.O. Box 827192, mutually conforming labeling of the between the sponsors of the two Philadelphia, PA 19182–7192, or 215– type contemplated by § 3.2(e)(3), the products; and 442–6100. sponsor of the approved product • The sponsor of the new product Submit written comments to the ordinarily must submit a supplement to asks FDA to review the new product for Division of Dockets Management (HFA– its marketing application1 to amend the use with the approved product under 305, Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, 1 In some cases, a new 510(k) might be required. 2 Or in some cases, a new 510(k).

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one drug, device, or biological product from Company A. The drug product Company B is aware of formulation marketing application, depending on labeling would make no mention of changes? Is it possible to identify in the regulatory identity of the new device B, the new indication, or that the advance the characteristics of product A product. drug product can be delivered by the that should be monitored? In this situation, the sponsor of the new route of administration. 7. If mutually conforming labeling is approved product would not submit a not always required, what process III. Proposed Issues supplement to its marketing application, should FDA follow in order to or in some cases a new 510(k), to permit The core issue is whether FDA should determine when it is required and when the inclusion of directions for using the consider reviewing and possibly it is not required? When is the best time approved product together with the new approving or clearing a new product in the review process to make this product. If the new product were to be (such as product B in the hypothetical) determination? approved or cleared, the labeling of the labeled for use in conjunction with an 8. Other public health issues; how can new product would provide directions approved product (such as product A in they be resolved? the hypothetical) when there is no for using the two products together, but B. Legal Issues the labeling of the approved product supplement for the combined use to the would not mention the new product or marketing application for the approved 1. Why do manufacturers of the two the use of the two products together. In product,4 and the labeling of the products sometimes not cooperate in other words, the two products would approved product would not mention bringing the new product to market? Are not be cross labeled and would not have the new product, or the use of the two there any steps FDA can take to increase mutually conforming labeling. products together. FDA has identified the likelihood of cooperation between the following issues as being relevant to the two manufacturers? II. Hypothetical Situation the core issue. Persons wishing to speak 2. How can FDA ensure that its The following hypothetical is a at the public meeting may address the approval of Company B’s product does concrete example of the type of following issues or other relevant issues. not improperly rely upon Company A’s proprietary information? situation that may be of most interest at A. Public Health Issues the public meeting: 3. How might approval of Company Company A3 is currently marketing 1. What are the product development B’s product affect the legal adequacy of an approved drug product for implications of mutually conforming the labeling for Company A’s product? intramuscular injection. Company B labeling? Are products not developed 4. What effect, if any, should the develops a device to deliver Company because of a perception that mutually exclusivity of Company A’s product A’s approved drug product for a conforming labeling will be, or might have on whether FDA approves different indication, to be delivered by be, required? Company B’s product without mutually a different method. No change in 2. How important is it that drug and conforming labeling? Should the formulation to the drug product is device labeling be consistent with existence of generic versions of needed. respect to intended use, dose, dosage Company A’s product affect whether Company B approached Company A form, strength and route of FDA approves Company B’s product? to see if Company A would submit a administration for the safe and effective 5. Would any other regulatory tools, supplemental new drug application to use of the drug and device together? such as conditions of approval on include the new indication and route of 3. Should the decision whether Product B, be useful in ensuring the administration in the drug product mutually conforming labeling is needed appropriate degree of FDA oversight of labeling, but Company A refused. for the safe and effective use of the the products used together? 6. Do the legal issues that arise in the Company A also refused to provide a products together be made on a case by absence of mutually conforming right of reference to data in its case basis? If so, what factors should labeling exist independently of application. FDA consider in determining whether § 3.2(e)(3), or can some of these issues Because Company B has been unable mutually conforming labeling is be addressed by revisions or to obtain the cooperation of Company A, necessary? 4. To what degree should labeling clarifications to this part of the Company B approaches FDA and asks conform? Does the labeling of the two definition of a combination product? whether FDA would consider approving products need to be identical? 7. Other legal issues; how can they be a device application stating that the Consistent? Not contradictory? Is resolved? device is intended to be used with drug conformity more important for some product A delivered by the new route of IV. Goals of the Public Meeting parts of the labeling than others? administration for the new indication. 5. Under what circumstances can The purpose of this public meeting is Company B is willing to conduct all adequate instructions for use be to provide an interactive forum for necessary studies to demonstrate that conveyed in one product’s label? For discussion of FDA and industry drug product A is safe and effective example, should FDA policy take into perspectives about, and experiences when delivered by the new route of account the possibility that the labeling with, the legal and public health issues administration by device B for the new for a re-usable device might be lost over that arise when sponsors seek to indication. time? develop or market a product of one type The end user would obtain the device 6. How should FDA policy take into (device, drug, or biological product) that from Company B and the drug product account the possibility that the product would be labeled for use with an for which no supplemental marketing approved product of a different type and 3 Companies A and B could be drug, device, or biological product companies. The two products application was submitted (i.e., the the approved product’s labeling would that will be used together could be a drug and a approved product) might be not be changed. device, a drug and a biological product, or a reformulated or redesigned? Is it The public meeting will be divided biological product and a device. For the sake of possible for Company B to sufficiently into two sections. Public health issues convenience only, this hypothetical refers to Company A as the manufacturer of an already monitor product A to ensure that will be discussed in one session; legal approved drug, and Company B as the sponsor of issues will be discussed in the other a device to be used with drug product A. 4 Or in some cases, a new 510(k). session. Each session will begin with

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formal presentations from members of DEPARTMENT OF HEALTH AND 20852–1448, 301–827–6210, 301– industry and FDA. Following the formal HUMAN SERVICES 827–7975; or presentations, time will be allotted to Dave Lepay, Good Clinical Practice hear from members of the public who Food and Drug Administration Program, Office of Science and have pre-registered as speakers. After [Docket No. 2005D–0103] Health Coordination (HF–34), the pre-registered speakers, there will be Office of the Commissioner, 5600 a moderated discussion open to all Draft Guidance for Industry on Using a Fishers Lane, Rockville, MD 20857, members of the audience. Centralized Institutional Review 301–827–3340. Boards Process in Multicenter Clinical SUPPLEMENTARY INFORMATION: FDA is FDA is considering issuing draft Trials; Availability announcing the availability of a draft guidance on this issue and believes it is guidance for industry entitled ‘‘Using a important to receive input from all AGENCY: Food and Drug Administration, Centralized IRB Review Process in interested parties through a public HHS. Multicenter Clinical Trials.’’ The draft meeting. ACTION: Notice. guidance is intended to assist sponsors, V. Speakers institutions, IRBs, and clinical SUMMARY: The Food and Drug investigators involved in multicenter Members of the public who would Administration (FDA) is announcing the clinical research in meeting the availability of a draft guidance for like to make a short statement requirements of 21 CFR part 56 by industry entitled ‘‘Using a Centralized (approximately 5 minutes) should facilitating the use of a centralized IRB IRB Process in Multicenter Clinical register with DIA (see ADDRESSES) by review process. The draft guidance: (1) Trials.’’ The draft guidance is intended Describes the roles of the participants in April 26, 2005. Requests to speak to assist sponsors, institutions, should include the speaker’s name and a centralized IRB review process; (2) institutional review boards (IRBs), and offers guidance on how a centralized affiliation, and should identify the clinical investigators involved in IRB review process might address local appropriate panel (public health or legal multicenter clinical research in meeting aspects of IRB review; (3) makes issues). DIA will notify persons who the requirements of FDA’s regulations recommendations about documenting register by April 26, 2005, of the by facilitating the use of a centralized agreements between a central IRB and approximate time of their turn to speak. IRB review process. the IRBs at institutions involved in the Speakers will be scheduled in the order DATES: Submit written or electronic centralized IRB review process DIA receives the requests. comments on the draft guidance by May concerning their respective If you need special accommodations 27, 2005. General comments on agency responsibilities; and (4) makes due to a disability, please contact, at guidance documents are welcome at any recommendations concerning written least 7 days in advance: Amanda time. procedures for implementing a Carmody, Drug Information Association, ADDRESSES: Submit written requests for centralized review process. Finally, the at [email protected] or single copies of the guidance to the draft guidance discusses using a central 215–442–6176. Division of Drug Information (HFD– IRB at clinical trial sites not already 240), Center for Drug Evaluation and affiliated with an IRB. VI. Request for Comments and Research, Food and Drug This draft guidance applies to clinical Transcripts Administration, 5600 Fishers Lane, investigations conducted under 21 CFR part 312 (investigational new drug Regardless of attendance at the Rockville, MD 20857; or the Office of Communication, Training and application or IND regulations). meeting, interested persons may submit This level 1 draft guidance is being Manufacturers Assistance (HFM–40), to the Division of Dockets Management issued consistent with FDA’s good Center for Biologics Evaluation and (see ADDRESSES) written or electronic guidance practices regulation (21 CFR Research, Food and Drug comments on the topics presented in 10.115). The draft guidance represents Administration, 1401 Rockville Pike, this document. The agency welcomes the agency’s current thinking on this Rockville, MD 20852–1448. Send one topic. It does not create or confer any comments before and after the meeting. self-addressed adhesive label to assist Two paper copies of mailed comments rights for or on any person and does not that office in processing your requests. operate to bind FDA or the public. An are to be submitted, except that Submit written comments on the draft individuals may submit one paper copy. alternative approach may be used if guidance to the Division of Dockets such approach satisfies the Comments are to be identified with the Management (HFA–305), Food and Drug docket number found in brackets in the requirements of the applicable statutes Administration, 5630 Fishers Lane, rm. and regulations. heading of this document. Received 1061, Rockville, MD 20852. Submit comments are available for public electronic comments to http:// II. Comments examination in the Division of Dockets www.fda.gov/dockets/ecomments. See Interested persons may submit to the Management between 9 a.m. and 4 p.m., the SUPPLEMENTARY INFORMATION section Division of Dockets Management (see Monday through Friday. Comments and for electronic access to the draft ADDRESSES) written or electronic a transcript of the public meeting will guidance document. comments on the draft guidance. Two be made available on the Office of FOR FURTHER INFORMATION CONTACT: copies of any mailed comments are to be Combination Products Web site at Nancy Stanisic, Center for Drug submitted, except that individuals may www.fda.gov/oc/combination. Evaluation and Research (HFD–1), submit one paper copy. Comments are Dated: March 21, 2005. Food and Drug Administration, to be identified with the docket number 5600 Fishers Lane, Rockville, MD found in brackets in the heading of this Jeffrey Shuren, 20857, 301–827–1660; or document. The draft guidance and Assistant Commissioner for Policy. Steve Ripley, Center for Biologics received comments are available for [FR Doc. 05–5978 Filed 3–25–05; 8:45 am] Evaluation and Research (HFM–17), public examination in the Dockets BILLING CODE 4160–01–S Food and Drug Administration, Management Branch between 9 a.m. and 1401 Rockville Pike, Rockville, MD 4 p.m., Monday through Friday.

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III. Electronic Access ADDRESSES: Submit written requests for FDA to make available to the public a Persons with access to the Internet single copies of the summaries to the summary of the medical and clinical may obtain the draft guidance at Division of Drug Information (HFD– pharmacology reviews of pediatric http://www.fda.gov/cder/guidance/ 240), Center for Drug Evaluation and studies conducted for the supplement index.htm, http://www.fda.gov/cber/ Research, Food and Drug (21 U.S.C. 355a(m)(1)). The summaries guidelines.htm, or http://www.fda.gov/ Administration, 5600 Fishers Lane, are to be made available not later than ohrms/dockets/default.htm. Rockville, MD 20857. Please specify by 180 days after the report on the product name which summary or pediatric study is submitted to FDA (21 Dated: March 17, 2005. summaries you are requesting. Send one U.S.C. 355a(m)(1)). Consistent with this Jeffrey Shuren, self-addressed adhesive label to assist provision of the BPCA, FDA has posted Assistant Commissioner for Policy. that office in processing your requests. on the Internet (http://www.fda.gov/ [FR Doc. 05–5977 Filed 3–25–05; 8:45 am] See the SUPPLEMENTARY INFORMATION cder/pediatric/index.htm) summaries of BILLING CODE 4160–01–S section for electronic access to the medical and clinical pharmacology summaries. reviews of pediatric studies submitted FOR FURTHER INFORMATION CONTACT: in supplements for PARAPLATIN DEPARTMENT OF HEALTH AND (carboplatin), TRUSOPT (dorzolamide), HUMAN SERVICES Grace Carmouze, Center for Drug Evaluation and Research (HFD–960), CAMPTOSAR (irinotecan), PREVACID (lansoprazole), TAMIFLU (oseltamivir), Food and Drug Administration Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, VIOXX (rofecoxib), FERRLECIT (sodium Summaries of Medical and Clinical 301–594–7337, e-mail: ferric gluconate), IMITREX Pharmacology Reviews of Pediatric [email protected]. (sumatriptan), DETROL and DETROL LA (tolterodine). Copies are also Studies; Availability SUPPLEMENTARY INFORMATION: available by mail (see ADDRESSES). AGENCY: Food and Drug Administration, I. Background In addition, the agency is also HHS. announcing the availability of FDA is announcing the availability of ACTION: Notice. summaries of medical and clinical summaries of medical and clinical pharmacology reviews of pediatric pharmacology reviews of pediatric SUMMARY: The Food and Drug studies for the following studies. As discussed in greater detail in Administration (FDA) is announcing the antidepressants: CELAXA (citalopram), the following paragraphs, section 9 of availability of summaries of medical REMERON (mirtazapine), SERZONE the BPCA (Public Law 107–109) and clinical pharmacology reviews of (nefazodone), PAXIL (paroxetine), and requires the disclosure of certain pediatric studies submitted in ZOLOFT (sertraline). Section 9 of the summaries of pediatric study reviews. supplements for PARAPLATIN BPCA does not require the disclosure of (carboplatin), TRUSOPT (dorzolamide), In addition, based on the sponsors’ these summaries. However, due to the CAMPTOSAR (irinotecan), PREVACID consent, FDA is making available public’s interest in these studies, FDA (lansoprazole), TAMIFLU (oseltamivir), summaries of medical and clinical asked the sponsors to consent to the VIOXX (rofecoxib), FERRLECIT (sodium pharmacology reviews for pediatric public disclosure of the summaries of ferric gluconate), IMITREX studies of antidepressants submitted in the medical and clinical pharmacology (sumatriptan), DETROL and DETROL response to a written request. reviews. Based on the sponsors’ LA (tolterodine). These summaries are The summaries of medical and consent, FDA is making the reviews being made available consistent with clinical pharmacology reviews of publicly available on the Internet the Best Pharmaceuticals for Children pediatric studies conducted for (http://www.fda.gov/cder/pediatric/ Act (the BPCA). For all pediatric PARAPLATIN (carboplatin), TRUSOPT supplements submitted under the (dorzolamide), CAMPTOSAR index.htm) and by mail (see ADDRESSES). BPCA, the BPCA requires FDA to make (irinotecan), PREVACID (lansoprazole), II. Electronic Access available to the public a summary of the TAMIFLU (oseltamivir), VIOXX Persons with access to the Internet medical and clinical pharmacology (rofecoxib), FERRLECIT (sodium ferric may obtain the document at http:// reviews of the pediatric studies gluconate), IMITREX (sumatriptan), www.fda.gov/cder/pediatric/index.htm. conducted for the supplement. DETROL and DETROL LA (tolterodine) In addition, the agency is also are being made available consistent with Dated: March 18, 2005. announcing the availability of section 9 of the BPCA. Enacted on Jeffrey Shuren, summaries of medical and clinical January 4, 2002, the BPCA reauthorizes, Assistant Commissioner for Policy. pharmacology reviews of pediatric with certain important changes, the [FR Doc. 05–5974 Filed 3–25–05; 8:45 am] studies for the following pediatric exclusivity program described BILLING CODE 4160–01–S antidepressants: CELAXA (citalopram), in section 505A of the Federal Food, REMERON (mirtazapine), SERZONE Drug, and Cosmetic Act (the act) (21 (nefazodone), PAXIL (paroxetine), and U.S.C. 355a). Section 505A of the act DEPARTMENT OF HEALTH AND ZOLOFT (sertraline). Studies for these permits certain applications to obtain 6 HUMAN SERVICES drugs were submitted before the BPCA months of marketing exclusivity if, in was implemented. Therefore, they are accordance with the requirements of the Health Resources and Services not subject to its requirements. statute, the sponsor submits requested Administration However, due to the public’s interest in information relating to the use of the Agency Information Collection these pediatric studies, FDA asked the drug in the pediatric population. Activities: Submission for OMB sponsors to consent to the public One of the provisions the BPCA Review; Comment Request disclosure of a summary of the medical added to the pediatric exclusivity and clinical pharmacology reviews for program pertains to the dissemination of Periodically, the Health Resources these studies. Based on sponsors’ pediatric information. Specifically, for and Services Administration (HRSA) consent, FDA is making the summaries all pediatric supplements submitted publishes abstracts of information publicly available. under the BPCA, the BPCA requires collection requests under review by the

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Office of Management and Budget Section 194 of the Health Insurance The sponsoring free clinic entity must (OMB), in compliance with the Portability and Accountability Act submit an application to the Health Paperwork Reduction Act of 1995 (44 (HIPAA), amending Section 224 of the Resources and Services Administration U.S.C. Chapter 35). To request a copy of Public Health Service Act. Individuals (HRSA). This application will require the clearance requests submitted to eligible to participate in this program information about the sponsoring free OMB for review, call the HRSA Reports are health care practitioners clinic’s credentialing system, risk Clearance Office on (301)–443–1129. volunteering at free clinics who meet management practices, and quality The following request has been specific eligibility requirements. If an assurance system in order to ensure the submitted to the Office of Management individual meets all the requirements of Government is not exposed to undue and Budget for review under the this program they can be ‘‘deemed’’ to liability resulting from the medical Paperwork Reduction Act of 1995: be a Federal employee. This deemed malpractice coverage of non-qualified health care professionals. Attached to Proposed Project: Free Clinic—FTCA status is specifically to provide the application will be a listing of Deeming Application (OMB No. 0915– immunity from medical malpractice specific health care providers for whom 0293, Extension) lawsuits as a result of the performance the sponsoring free clinic is requesting Congress legislated FTCA medical of medical, surgical, dental, or related deemed status. malpractice protection for free clinic activities within the scope of the Estimates of annualized reporting volunteer health professionals through volunteer’s work at the free clinic. burden are as follows:

Responses Type of form Number of per Total Hours per Total burden respondents respondent responses response hours

FTCA Deeming Application ...... 150 1 150 16 2,400

Total ...... 150 ...... 150 ...... 2,400

Written comments and Information System. In the Heading of DEPARTMENT OF HOUSING AND recommendations concerning the the notice, DHS inadvertently URBAN DEVELOPMENT proposed information collection should mislabeled the DHS docket number be sent within 30 days of this notice to: associated with the notice. DHS would [Docket No. FR–4975–N–07] John Kraemer, Health Resources and like to announce that the DHS docket Notice of Proposed Information Services Administration, Human number for submitting comments to this Collection: Comment Request Resources and Housing Branch, Office notice is DHS–2005–0015. Directions for of Management and Budget, New submitting comments using this method AGENCY: Office of the Assistant Executive Office Building, Room 10235, are outlined within 70 FR 14477. Secretary for Housing-Federal Housing Washington, DC 20503. Commissioner, HUD. DATES: This correction is effective Dated: March 21, 2005. March 28, 2005. ACTION: Notice. Tina M. Cheatham, FOR FURTHER INFORMATION CONTACT: Jeff SUMMARY: The proposed information Director, Division of Policy Review and collection requirement described below Coordination. Ament, Department of Homeland Security Regulatory Coordinator, will be submitted to the Office of [FR Doc. 05–5972 Filed 3–25–05; 8:45 am] Department of Homeland Security, Management and Budget (OMB) for BILLING CODE 4165–15–P Washington, DC 20528, (202) 205–8088. review, as required by the Paperwork Reduction Act. The Department is SUPPLEMENTARY INFORMATION: soliciting public comments on the DEPARTMENT OF HOMELAND Need for Correction subject proposal. SECURITY DATES: Comments Due Date: May 27, As published in the Federal Register 2005. Office of the Secretary on March 22, 2005 (70 FR 14477), the [DHS–2005–0015] notice contains an error that is in need ADDRESSES: Interested persons are of correction. invited to submit comments regarding Privacy Act of 1974; System of this proposal. Comments should refer to Records; Correction Correction of Publication the proposal by name and/or OMB Control Number and should be sent to: Accordingly, the publication on AGENCY: Office of the Secretary, DHS. Wayne Eddins, Reports Management March 22, 2005 (70 FR 14477), is ACTION: Notice; correction. Officer, Department of Housing and corrected as follows: SUMMARY: The Department of Homeland Urban Development, 451 7th Street, 1. On page 14477, in the heading, SW., L’Enfant Plaza Building, Room Security (DHS) is correcting a notice third line, the new DHS docket number that was published in the Federal 8001, Washington, DC 20410 or should read: ‘‘DHS Docket Number [email protected]. Register on March 22, 2005, at 70 FR DHS–2005–0015’’ 14477 which gives notice that the FOR FURTHER INFORMATION CONTACT: Bureau of Immigration and Customs Mary Kate Whalen, Beverly J. Miller, Director, Office of Enforcement (ICE) proposes to add a Deputy Associate General Counsel for Asset Management, Department of new system of records to the Regulations, Office of the General Counsel, Housing and Urban Development, 451 Department’s inventory of record U.S. Department of Homeland Security. 7th Street SW., Washington, DC 20410, systems. The system of records is the [FR Doc. 05–6051 Filed 3–23–05; 4:33 pm] telephone (202) 708–3730 (this is not a Student and Exchange Visitor BILLING CODE 4410–10–P toll free number) for copies of the

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proposed forms and other available respondents is 33,036 generating Executive Office Building, Washington, information. approximately 33,036 annual responses, DC 20503; fax: 202–395–6974. SUPPLEMENTARY INFORMATION: The the frequency of response is annually; FOR FURTHER INFORMATION CONTACT: Department is submitting the proposed and the estimated time to gather and Wayne Eddins, Reports Management information collection to OMB for prepare the necessary documents is 10 Officer, AYO, Department of Housing review, as required by the Paperwork hours per submission. and Urban Development, 451 Seventh Reduction Act of 1995 (44 U.S.C. Status of the proposed information Street, SW, Washington, DC 20410; e- Chapter 35, as amended). collection: Currently approved. mail [email protected]; or This Notice is soliciting comments Authority: The Paperwork Reduction Act Lillian Deitzer at from members of the public and affected of 1995, 44 U.S.C., Chapter 35, as amended. [email protected] or agencies concerning the proposed Dated: March 22, 2005. telephone (202) 708–2374. This is not a collection of information to: (1) Evaluate Frank L. Davis, toll-free number. Copies of available whether the proposed collection is documents submitted to OMB may be necessary for the proper performance of General Deputy Assistant Secretary for Housing-Deputy Federal Housing obtained from Mr. Eddins or Ms. Deitzer the functions of the agency, including Commissioner. and at HUD’s Web site at http:// whether the information will have [FR Doc. 05–6062 Filed 3–25–05; 8:45 am] www5.hud.gov:63001/po/i/icbts/ practical utility; (2) Evaluate the collectionsearch.cfm. accuracy of the agency’s estimate of the BILLING CODE 4210–72–M SUPPLEMENTARY INFORMATION: This burden of the proposed collection of notice informs the public that the information; (3) Enhance the quality, DEPARTMENT OF HOUSING AND Department of Housing and Urban utility, and clarity of the information to URBAN DEVELOPMENT Development has submitted to OMB a be collected; and (4) Minimize the request for approval of the information burden of the collection of information collection described below. This notice on those who are to respond; including [Docket No. FR–4971–N–16] is soliciting comments from members of the use of appropriate automated Notice of Submission of Proposed the public and affecting agencies collection techniques or other forms of Information Collection to OMB; concerning the proposed collection of information technology, e.g., permitting Mortgagor’s Certificate of Actual Cost information to: (1) Evaluate whether the electronic submission of responses. proposed collection of information is This Notice also lists the following AGENCY: Office of the Chief Information necessary for the proper performance of information: Officer, HUD. the functions of the agency, including Title of Proposal: Management ACTION: Notice. Review of Multifamily Housing Projects. whether the information will have practical utility; (2) Evaluate the OMB Control Number, if applicable: SUMMARY: The proposed information accuracy of the agency’s estimate of the 2502–0178. collection requirement described below burden of the proposed collection of Description of the need for the has been submitted to the Office of information; (3) Enhance the quality, information and proposed use: HUD Management and Budget (OMB) for utility, and clarity of the information to staff, mortgagees, and Contract review, as required by the Paperwork be collected; and (4) Minimize the Administrators gather and record Reduction Act. The Department is burden of the collection of information information during on-site reviews of soliciting public comments on the on those who are to respond; including project operations. The information subject proposal. through the use of appropriate gathered is used to evaluate the quality This is a request for continued OMB automated collection techniques or of management, determine causes of approval to collect the subject other forms of information technology, problems, and devise corrective actions information. The Mortgagor’s Certificate e.g., permitting electronic submission of to safeguard the Department’s financial of Actual Cost is submitted by the responses. interests and ensure that tenants are mortgagor to certify actual costs of provided with decent, safe, and sanitary development in order to make an This notice also lists the following housing. This information collection informed determination of mortgage information: consolidates the information collection insurance acceptability and to prevent Title of Proposal: Mortgagor’s approved under OMB Control Number windfall profits. Its use provides a base Certificate of Actual Cost. 2502–0259, Management Review Report for evaluating housing programs, labor Approval Number: 2502–0112 for Unsubsidized Multifamily Housing costs, and physical improvements in Form Numbers: HUD–92330 Programs, which expires August 31, connection with the construction of Description of the Need for the 2006. multifamily housing. Information and its Proposed Use: The Agency form numbers, if applicable: Mortgagor’s Certificate of Actual Cost is DATES: Comments Due Date: April 27, HUD–9834. submitted by the mortgagor to certify Estimation of the total numbers of 2005. actual costs of development in order to hours needed to prepare the ADDRESSES: Interested persons are make an informed determination of information, collection including invited to submit comments regarding mortgage insurance acceptability and to number of respondents, frequency of this proposal. Comments should refer to prevent windfall profits. Its use response, and hours of response: The the proposal by name and/or OMB provides a base for evaluation housing estimated total number of burden hours approval Number (2502–0112) and programs, labor costs, and physical needed to prepare the information should be sent to: HUD Desk Officer, improvements in connection with the collection is 330,360; the number of Office of Management and Budget, New construction of multifamily housing.

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

Reporting Burden ...... 500 1 8 4,000

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Total Estimated Burden Hours: 4,000. Act Compliance Officer, AYO, collection is 0.75 hours per applicant. Status: Extension of a currently Department of Housing and Urban The estimated number of respondents is approved collection. Development, 451 Seventh Street, SW., 277. The frequency of response is once Authority: Section 3507 of the Paperwork Washington, DC 20410; e-mail per annum. The total public burden is Reduction Act of 1995, 44 U.S.C. 35, as [email protected]; telephone estimated to be 208 hours. amended. (202) 708–2374. This is not a toll-free Status: Proposed new collection. Dated: March 21, 2005. number. Copies of documentation Authority: The Paperwork Reduction Act Wayne Eddins, submitted to OMB may be obtained of 1995, 44 U.S.C. Chapter 35, as amended. from Mr. Eddins. Departmental Paperwork Reduction Act Dated: March 22, 2005. Officer, Office of the Chief Information SUPPLEMENTARY INFORMATION: This Wayne Eddins, Officer. Notice informs the public that the U.S. Departmental Paperwork Reduction Act [FR Doc. E5–1333 Filed 3–25–05; 8:45 am] Department of Housing and Urban Officer, Office of the Chief Information BILLING CODE 4210–27–P Development (HUD) has submitted to Officer. OMB, for emergency processing, a [FR Doc. E5–1372 Filed 3–25–05; 8:45 am] proposed information collection BILLING CODE 4210–72–P DEPARTMENT OF HOUSING AND requirement as described below. This URBAN DEVELOPMENT Notice is soliciting comments from members of the public and affecting [Docket No. FR–4971-N–17] DEPARTMENT OF THE INTERIOR agencies concerning the proposed Notice of Submission of Proposed collection of information to: (1) Evaluate Fish and Wildlife Service Information Collection to OMB; whether the proposed collection of Emergency Comment Request; Grant information is necessary for the proper Notice of Intent To Prepare a Application for Public Housing performance of the functions of the Comprehensive Conservation Plan and Environmental Assessment for the Graduation Incentive Bonus agency, including whether the information will have practical utility; Long Island National Wildlife Refuge AGENCY: Office of Chief Information (2) evaluate the accuracy of the agency’s Complex Officer, HUD. estimate of the burden of the proposed AGENCY: U.S. Fish and Wildlife Service, ACTION: Notice of proposed information collection of information; (3) enhance Department of the Interior. collection. the quality, utility, and clarity of the ACTION: Notice of intent. information to be collected; and (4) SUMMARY: The proposed information minimize the burden of the collection of SUMMARY: This notice advises the public collection requirement described below information on those who are to that the U.S. Fish and Wildlife Service has been submitted to the Office of respond; including through the use of (Service) intends to prepare a Management and Budget (OMB) for appropriate automated collection Comprehensive Conservation Plan emergency review and approval, as techniques or other forms of information (CCP) and Environmental Assessment required by the Paperwork Reduction technology, e.g., permitting electronic (EA) pursuant to the National Act. The Department is soliciting public submission of responses. Environmental Policy Act and its comments on the subject proposal. This notice also lists the following This is a request for a new implementing regulations, for the Long information: information collection that will be used Island National Wildlife Refuge (NWR) Title Of Proposal: Public Housing to select awardees for the Graduation Complex refuges located in the State of Graduation Incentive Bonus. Incentive Bonus program grants that New York. The Long Island NWR Description Of Information Collection: will be part of the 2005 Notice of Complex is a diverse group of eight This is a new information collection for Funding Availability. refuges totaling over 6,200 acres, and Congress has authorized this selecting applicants for the Public contains most of the habitat types found Graduation Incentive Bonus funding as Housing Graduation Incentive Bonus on Long Island which are important to a set aside from the 2005 Public program grants, which will be part of migratory birds and other wildlife. Housing Operating Fund allocation. the 2005 Notice of Funding Availability These refuges include Amagansett, Funds can be used for any and all (NOFA). Conscience Point, Lido Beach, Morton, operating expenses approved under Congress has authorized this Oyster Bay, Seatuck, Target Rock, and section 9 of the United States Housing Graduation Incentive Bonus funding as Wertheim NWRs. The refuges are in Act of 1937 and 24 CFR part 990. a set aside from the 2005 Public Suffolk and Nassau Counties, New York. Housing Operating Fund allocation. This notice also advises the public that DATES: Comments Due Date: April 27, Funds can be used for any and all the Service is withdrawing a previous 2005. operating expenses approved under notice, published on May 30, 2000, ADDRESSES: Interested persons are section 9 of the United States Housing stating that an Environmental Impact invited to submit comments regarding Act of 1937 and 24 CFR part 990. Statement (EIS) would be developed for this proposal. Comments must be OMB Control Number: To be assigned. the refuge complex. Comments already received within seven (30) days from Agency Form Numbers: Standard received under the previous notice will the date of this notice. Comments grant application form SF 424. be considered during preparation of the should refer to the proposal by name Members of Affected Public: Public subject CCP/EA. and should be sent to: HUD Desk Housing Authorities (PHAs). The Service is furnishing this notice Officer, Office of Management and Estimation of the Total Numbers of in compliance with the National Regulatory Affairs, Office of Hours Needed to Prepare the Wildlife Refuge System Administration Management and Budget, New Information Collection Including Act of 1966, as amended (16 U.S.C. Executive Office Building, Washington, Number of Respondents, Frequency of 668dd et seq.): (1) To advise other DC 20503. Responses, and Hours of Response: An agencies and the public of our FOR FURTHER INFORMATION CONTACT: estimation of the total number of hours intentions, and (2) to obtain suggestions Wayne Eddins, Paperwork Reduction needed to prepare the information and information on the scope of issues

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to include in the environmental enhance the quality of the human exploration program is to delineate the documents. environment. cropline for the Wyodak-Anderson coal DATES: Please provide any comments on Review of this project will be seam and to obtain coal structure and the subject CCP/EA by April 15, 2005. conducted in accordance with the quality data. The Service will notify the public of requirements of the National ADDRESSES: Copies of the exploration subsequent meetings on development of Environmental Policy Act of 1969, as plan are available for review during the proposed CCP/EA via Federal amended (42 U.S.C. 4321 et seq.), NEPA normal business hours in the following Register notice and other means, Regulations (40 CFR 1500–1508), other offices (serialized under number including special mailings, newspaper appropriate Federal laws and WYW162491): Bureau of Land articles, and Web site announcements. regulations, and Service policies and Management, Wyoming State Office, Inquire at the address below for future procedures for compliance with those 5353 Yellowstone Road, P.O. Box 1828, dates of planning activity. regulations. Concurrent with the CCP Cheyenne, WY 82003; and Bureau of process, the Service will conduct a ADDRESSES: Comments and requests for Land Management, Casper Field Office, wilderness review and incorporate a more information may be addressed to 2987 Prospector Drive, Casper, WY Refuge Manager, Long Island National summary of the review into the CCP, as 82604. well as include compatibility Wildlife Refuge Complex, P.O. Box 21, SUPPLEMENTARY INFORMATION: determinations for all applicable refuge The Shirley, New York 11976, 631–286– proposed exploration program is fully 0485. uses. We estimate that the Draft CCP/EA will be available in the summer 2005. described and will be conducted SUPPLEMENTARY INFORMATION: By Federal pursuant to an exploration plan to be law, all lands within the National Dated: March 3, 2005. approved by the Bureau of Land Wildlife Refuge System are to be Richard O. Bennett, Management. This notice of invitation managed in accordance with an Deputy Regional Director, U.S. Fish and will be published in The News-Record approved CCP. The CCP guides Wildlife Service, Hadley, Massachusetts. of Gillette, WY, once each week for two management decisions and identifies [FR Doc. 05–6033 Filed 3–25–05; 8:45 am] consecutive weeks beginning the week refuge goals, long-range objectives, and BILLING CODE 4310–55–P of March 28, 2005, and in the Federal strategies for achieving refuge purposes. Register. Any party electing to Public input into this planning process participate in this exploration program is essential. The CCP will provide other DEPARTMENT OF THE INTERIOR must send written notice to both the Bureau of Land Management and agencies and the public with a clear Bureau of Land Management understanding of the desired conditions Powder River Coal Company no later for the refuges and how the Service will [WY–920–09–1320–EL, WYW162491] than thirty days after publication of this implement management strategies. invitation in the Federal Register. The Public input into this planning process Coal Lease Exploration License, WY written notice should be sent to the is essential. AGENCY: Bureau of Land Management, following addresses: Powder River Coal The Service began soliciting Interior. Company, Attn: Karen Lohkamp, Caller information from the public in 2000 via ACTION: Notice of invitation for coal Box 3034, Gillette, WY 82717–3034, and open houses, meetings, and written exploration license. the Bureau of Land Management, comments. Special mailings, newspaper Wyoming State Office, Branch of Solid articles, and Web site announcements SUMMARY: Pursuant to section 2(b) of the Minerals, Attn: Julie Weaver, P.O. Box helped to inform the public in the Mineral Leasing Act of 1920, as 1828, Cheyenne, WY 82003. general area near each refuge of the time amended by Section 4 of the Federal The foregoing is published in the and place of opportunities for input to Coal Leasing Amendments Act of 1976, Federal Register pursuant to 43 CFR the CCP. 90 Stat. 1083, 30 U.S.C. 201(b), and to 3410.2–1(c)(1). The refuge complex has recently the regulations adopted as 43 CFR 3410, Dated: February 1, 2005. completed two EAs independent of the all interested parties are hereby invited Phillip C. Perlewitz, CCP process; one EA specifically to participate with Powder River Coal addressed the issue of deer hunting at Acting Deputy State Director, Minerals and Company on a pro rata cost sharing Lands. Wertheim NWR, and another EA basis in its program for the exploration [FR Doc. 05–5455 Filed 3–25–05; 8:45 am] addressed development of a of coal deposits owned by the United headquarters and visitor center at States of America in the following- BILLING CODE 4310–22–P Wertheim NWR. The Service has described lands in Campbell County, determined that, at this time, an EA is WY: DEPARTMENT OF THE INTERIOR a more appropriate document than an T. 41 N., R. 69 W., 6th P.M., Wyoming EIS to accompany the CCP. Sec. 5: Lots 8, 9, and 16; Bureau of Land Management The need to prepare an EIS is a matter T. 42 N., R. 69 W., 6th P.M., Wyoming [MT–962–05–1420–BJ] of professional judgment requiring Sec. 18: Lot 13 (S1⁄2); consideration of all issues in question. Sec. 19: Lots 6 (S1⁄2), 7, 9, 11 (NW1⁄4), 12, If the EA determines that the CCP will 15; Montana: Filing of Plats of Amended 1 1 Protraction Diagrams constitute a major Federal action Sec. 29: Lots 4 (W ⁄2), 5, 12, 13, 14 (SW ⁄4); Sec. 30: Lots 5 through 7; significantly affecting the quality of the AGENCY: Bureau of Land Management, Sec. 32: Lots 3 (W1⁄2), 4, 5 (N1⁄2). human environment, an EIS will then be Montana State Office, Interior. Containing 693.9025 acres, more or less. prepared. The primary purpose of an ACTION: Notice of filing of plats of EIS is to ensure that a full and fair All of the coal in the above-described amended protraction diagrams. discussion of all significant land consists of unleased Federal coal environmental impacts occurs and to within the Powder River Basin Known SUMMARY: The Bureau of Land inform decision makers and the public Coal Leasing Area and the Powder River Management (BLM) will file the plats of of the reasonable alternatives that would Basin Known Recoverable Coal the amended protraction diagrams of the avoid or minimize adverse impacts or Resources Area. The purpose of the lands described below in the BLM

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Montana State Office, Billings, Montana, Townships 6, 7, 8, and 9 South, Ranges 13, Meridian, Montana, was accepted September (30) days from the date of publication in 14, 15, and 16 East, Principal Meridian, 16, 2004. the Federal Register. Montana, was accepted September 16, 2004. The plat, representing the Amended The plat, representing Amended Protraction Diagram 8 Index of unsurveyed FOR FURTHER INFORMATION CONTACT: Protraction Diagram 7 of unsurveyed Townships 7, 8, and 9 South, Ranges 17, 18, Steven G. Schey, Acting Chief, Branch Township 6 South, Range 13 East, Principal 19, and 20 East, Principal Meridian, of Cadastral Survey, Bureau of Land Meridian, Montana, was accepted September Montana, was accepted September 16, 2004. Management, 5001 Southgate Drive, 16, 2004. The plat, representing Amended P.O. Box 36800, Billings, Montana, The plat, representing Amended Protraction Diagram 8 of unsurveyed 59107–6800, telephone (406) 896–5009. Protraction Diagram 7 of unsurveyed Township 7 South, Range 17 East, Principal Township 6 South, Range 14 East, Principal SUPPLEMENTARY INFORMATION: The Meridian, Montana, was accepted September Meridian, Montana, was accepted September 16, 2004. amended protraction diagrams were 16, 2004. prepared at the request of the U.S. The plat, representing Amended The plat, representing Amended Protraction Diagram 8 of unsurveyed Forest Service and are necessary to Protraction Diagram 7 of unsurveyed Township 7 South, Range 18 East, Principal accommodate Revision of Primary Base Township 6 South, Range 15 East, Principal Meridian, Montana, was accepted September Meridian, Montana, was accepted September Quadrangle Maps for the Geometronics 16, 2004. Service Center. 16, 2004. The plat, representing Amended The plat, representing Amended The lands for the prepared amended Protraction Diagram 8 of unsurveyed protraction diagrams are: Protraction Diagram 7 of unsurveyed Township 6 South, Range 16 East, Principal Township 8 South, Range 17 East, Principal Meridian, Montana, was accepted September Principal Meridian, Montana Meridian, Montana, was accepted September 16, 2004. 16, 2004. Tps. 3, 4, 5, 6, 7, 8, and 9 S., Rs. 13, 14, 15, The plat, representing Amended The plat, representing Amended 16, 18, 19, and 20 E. Protraction Diagram 7 of unsurveyed Protraction Diagram 8 of unsurveyed The plat, representing the Amended Township 7 South, Range 13 East, Principal Township 8 South, Range 18 East, Principal Protraction Diagram 6 Index of unsurveyed Meridian, Montana, was accepted September Meridian, Montana, was accepted September Townships 3, 4, and 5 South, Ranges 13, 14, 16, 2004. 16, 2004. 15, and 16 East, Principal Meridian, The plat, representing Amended The plat, representing Amended Montana, was accepted September 15, 2004. Protraction Diagram 7 of unsurveyed Protraction Diagram 8 of unsurveyed The plat, representing Amended Township 7 South, Range 14 East, Principal Township 9 South, Range 17 East, Principal Protraction Diagram 6 of unsurveyed Meridian, Montana, was accepted September Meridian, Montana, was accepted September Township 3 South, Range 13 East, Principal 16, 2004. 16, 2004. Meridian, Montana, was accepted September The plat, representing Amended The plat, representing Amended 15, 2004. Protraction Diagram 7 of unsurveyed Protraction Diagram 8 of unsurveyed The plat, representing Amended Township 7 South, Range 15 East, Principal Township 9 South, Range 18 East, Principal Protraction Diagram 6 of unsurveyed Meridian, Montana, was accepted September Meridian, Montana, was accepted September Township 3 South, Range 14 East, Principal 16, 2004. 16, 2004. Meridian, Montana, was accepted September The plat, representing Amended The plat, representing Amended 15, 2004. Protraction Diagram 7 of unsurveyed Protraction Diagram 8 of unsurveyed The plat, representing Amended Township 7 South, Range 16 East, Principal Protraction Diagram 6 of unsurveyed Township 9 South, Range 19 East, Principal Meridian, Montana, was accepted September Township 3 South, Range 15 East, Principal Meridian, Montana, was accepted September 16, 2004. Meridian, Montana, was accepted September 16, 2004. The plat, representing Amended 15, 2004. The plat, representing Amended The plat, representing Amended Protraction Diagram 7 of unsurveyed Protraction Diagram 8 of unsurveyed Protraction Diagram 6 of unsurveyed Township 8 South, Range 13 East, Principal Township 9 South, Range 20 East, Principal Township 4 South, Range 13 East, Principal Meridian, Montana, was accepted September Meridian, Montana, was accepted September Meridian, Montana, was accepted September 16, 2004. 16, 2004. 15, 2004. The plat, representing Amended The plat, representing Amended Protraction Diagram 7 of unsurveyed We will place copies of the plats of Protraction Diagram 6 of unsurveyed Township 8 South, Range 14 East, Principal the amended protraction diagrams we Township 4 South, Range 14 East, Principal Meridian, Montana, was accepted September described in the open files. They will be Meridian, Montana, was accepted September 16, 2004. available to the public as a matter of The plat, representing Amended 15, 2004. information. The plat, representing Amended Protraction Diagram 7 of unsurveyed Protraction Diagram 6 of unsurveyed Township 8 South, Range 15 East, Principal If BLM receives a protest against these Township 5 South, Range 13 East, Principal Meridian, Montana, was accepted September amended protraction diagrams, as Meridian, Montana, was accepted September 16, 2004. shown on these plats, prior to the date 15, 2004. The plat, representing Amended of the official filings, we will stay the The plat, representing Amended Protraction Diagram 7 of unsurveyed filings pending our consideration of the Township 8 South, Range 16 East, Principal Protraction Diagram 6 of unsurveyed protest. Township 5 South, Range 14 East, Principal Meridian, Montana, was accepted September Meridian, Montana, was accepted September 16, 2004. We will not officially file these plats 15, 2004. The plat, representing Amended of the amended protraction diagrams The plat, representing Amended Protraction Diagram 7 of unsurveyed until the day after we have accepted or Protraction Diagram 6 of unsurveyed Township 9 South, Range 13 East, Principal dismissed all protests and they have Township 5 South, Range 15 East, Principal Meridian, Montana, was accepted September become final, including decisions or Meridian, Montana, was accepted September 16, 2004. 15, 2004. The plat, representing Amended appeals. The plat, representing Amended Protraction Diagram 7 of unsurveyed Dated: March 21, 2005. Protraction Diagram 6 of unsurveyed Township 9 South, Range 14 East, Principal Steven G. Schey, Township 5 South, Range 16 East, Principal Meridian, Montana, was accepted September Acting Chief, Branch of Cadastral Survey, Meridian, Montana, was accepted September 16, 2004. Division of Resources. 15, 2004. The plat, representing Amended The plat, representing the Amended Protraction Diagram 7 of unsurveyed [FR Doc. 05–6034 Filed 3–25–05; 8:45 am] Protraction Diagram 7 Index of unsurveyed Township 9 South, Range 16 East, Principal BILLING CODE 4310–$$–P

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DEPARTMENT OF THE INTERIOR lodged with the United States District page reproduction cost) payable to the Court for the District of Nebraska. U.S. Treasury. Minerals Management Service In this action the United States sought Catherine R. McCabe, Notice of Availability of the Proposed civil penalties and injunctive relief Deputy Chief, Environmental Enforcement Notice of Sale for Outer Continental arising from the City of McCook’s failure Section, Environment and Natural Resources Shelf (OCS) Oil and Gas Lease Sale to comply with Clean Water Act (CWA), Division. 196 in the Western Gulf of Mexico the Safe Drinking Water Act (SDWA), [FR Doc. 05–5979 Filed 3–25–05; 8:45 am] (GOM) and its National Pollution Discharge BILLING CODE 4410–15–M Elimination System permit issued under AGENCY: Minerals Management Service the CWA. Under the Consent Decree, (MMS), Interior. the City will comply with the SDWA DEPARTMENT OF JUSTICE ACTION: Notice of availability of the and its maximum contaminant levels proposed Notice of Sale for proposed Bureau of Alcohol, Tobacco, Firearms (MCLs) for nitrates, uranium, and for and Explosives Sale 196. arsenic when that MCL comes into SUMMARY: The MMS announces the effect in 2006 in its drinking water Agency Information Collection availability of the proposed Notice of supply. It will agree to pay a civil Activities: Proposed Collection; Sale for proposed Sale 196 in the penalty of $136,000, of which $131,000 Comments Requested; Clarification Central GOM OCS. This Notice is will go to EPA and $5000 to the State. published pursuant to 30 CFR 256.29(c) ($5000 is the maximum penalty the ACTION: 30-day notice of information as a matter of information to the public. State can impose by statute). The City collection under review: Investigator With regard to oil and gas leasing on the also agrees to comply with the CWA and integrity questionnaire. the terms of its NPDES Permit and OCS, the Secretary of the Interior, The Department of Justice published pursuant to section 19 of the OCS Lands perform injunctive relief including, a 30-Day Notice of Information Act, provides the affected States the among other things, continuous Collection Under Review on February opportunity to review the proposed monitoring and to pay a total civil 22, 2005, on page 8635; the comment Notice. The proposed Notice sets forth penalty to EPA and the State of $89,000. date expires on March 24, 2005. A the proposed terms and conditions of The Department of Justice will receive second notice was published in the the sale, including minimum bids, for a period of thirty (30) days from the Federal Register on March 1, 2005, on royalty rates, and rentals. date of this publication comments page 9979, in error. That notice is DATES: Comments on the size, timing, or relating to the Consent Decree. withdrawn. The correct comment location of proposed Sale 196 are due Comments should be addressed to the expiration date for the 30-day notice is from the affected States within 60 days Assistant Attorney General, March 24, 2005. following their receipt of the proposed Environment and Natural Resources Dated: March 23, 2005. Notice. The final Notice of Sale will be Division, P.O. Box 7611, U.S. published in the Federal Register at Brenda E. Dyer, Department of Justice, Washington, DC least 30 days prior to the date of bid Department Clearance Officer, Department of 20044–7611, and should refer to United opening. Bid opening is currently Justice. scheduled for August 17, 2005. States and the State of Nebraska v. City [FR Doc. 05–6099 Filed 3–24–05; 10:28 am] of McCook, Nebraska, D.J. Ref. 90–5–1– BILLING CODE 4410–FY–P SUPPLEMENTARY INFORMATION: The 1–08273. proposed Notice of Sale for Sale 196 and The Consent Decree may be examined a ‘‘Proposed Sale Notice Package’’ DEPARTMENT OF JUSTICE containing information essential to at the Office of the United States potential bidders may be obtained from Attorney, District of Nebraska at 1620 Office of Justice Programs the Public Information Unit, Gulf of Dodge Street, Suite 1400, Omaha, NE Mexico Region, Minerals Management 68102 and at U.S. EPA Region 7, 901 N. Agency Information Collection Service, 1201 Elmwood Park Boulevard, 5th Street, Kansas City, Kansas 66101. Activities: Proposed Collection; New Orleans, Louisiana 70123–2394. During the comment period, the consent Comments Requested Telephone: (504) 736–2519. decree may be examined on the ACTION: 30–Day Notice of Information Dated: March 18, 2005. following Department of Justice Web site, http://www.usdoj.gov/enrd/ Collection Under Review: National R. M. ‘‘Johnnie’’ Burton, Judicial Reporting Program (NJRP). Director, Minerals Management Service. open.html. A copy of the Consent [FR Doc. 05–6048 Filed 3–25–05; 8:45 am] Decree may also be obtained by mail The Department of Justice (DOJ), from the Consent Decree Library, P.O. BILLING CODE 4310–MR–P Office of Justice Programs (OJP) has Box 7611, U.S. Department of Justice, submitted the following information Washington, DC 20044–7611, or by collection request to the Office of faxing or e-mailing a request to Tonia Management and Budget (OMB) for DEPARTMENT OF JUSTICE Fleetwood ([email protected]), review and approval in accordance with fax no. (202) 514–0097, phone Notice of Lodging of Consent Decree the Paperwork Reduction Act of 1995. Under the Clean Water Act confirmation number (202) 514–1547. In The proposed information collection is requesting a copy from the Consent published to obtain comments from the In accordance with Departmental Decree Library, please enclose a check public and affected agencies. This policy, 28 CFR § 50.7, notice is hereby in the amount of $11.00 (25 cents per proposed information collection was given that on March 2, 2005 a proposed previously published in the Federal Consent Decree in United States and the Register Volume 69, Number 243, page State of Nebraska v. City of McCook, 76012 on December 20, 2004, allowing Nebraska, Case No. 8:05CV93 was for a 60 day comment period.

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The purpose of this notice is to allow courts. The NJRP enables the Bureau of Management and Budget (OMB) for for an additional 30 days for public Justice Statistics, Federal, State, and review and approval in accordance with comment until April 27, 2005. This local correctional administrators, as the Paperwork Reduction Act of 1995. process is conducted in accordance with well as, legislators, researchers, and The proposed information collection is 5 CFR 1320.10. planners to track changes in the published to obtain comments from the Written comments and/or suggestions numbers and types of offenses and public and affected agencies. This regarding the items contained in this sentences felons convicted in state proposed information collection was notice, especially the estimated public courts receive. The NJRP also tracks previously published in the Federal burden and associated response time, changes in the demographics, Register Volume 70, Number 1, page should be directed to the Office of conviction type, number of charges, 123 on January 3, 2005, allowing for a Management and Budget, Office of sentence length, and time between 60 day comment period. Information and Regulatory Affairs, arrest, conviction and sentencing of The purpose of this notice is to allow Attention Department of Justice Desk felons convicted in state courts. for an additional 30 days for public Officer, Washington, D.C. 20503. (5) An estimate of the total number of comment until April 27, 2005. This Additionally, comments may be respondents and the amount of time process is conducted in accordance with submitted to OMB via facsimile to (202) estimated for an average respondent to 5 CFR 1320.10. 395–5806. Written comments and respond/reply: This survey will collect Written comments and/or suggestions suggestions from the public and affected data for approximately 450,772 felons, regarding the items contained in this agencies concerning the proposed from 300 responding jurisdictions, at notice, especially the estimated public collection of information are two-year intervals. The annual burden burden and associated response time, encouraged. Your comments should on the respondents is based on the should be directed to the Office of address one or more of the following number of hours involved in either Management and Budget, Office of four points: providing an automated data file or Information and Regulatory Affairs, • Evaluate whether the proposed printout from an existing data base, or Attention Department of Justice Desk collection of information is necessary manually transferring the information Officer, Washington, DC 20503. for the proper performance of the from court records to the NJRP–1 form. Additionally, comments may be functions of the agency, including The public reporting burden for this submitted to OMB via facsimile to (202) whether the information will have collection of information is estimated to 395–5806. Written comments and practical utility; average 8.013 hours per respondent. suggestions from the public and affected • Evaluate the accuracy of the (6) An estimate of the total public agencies concerning the proposed agencies estimate of the burden of the burden (in hours) associated with the collection of information are proposed collection of information, collection: The burden hours have been encouraged. Your comments should including the validity of the estimated based on the following address one or more of the following methodology and assumptions used; calculations: 300 Respondents × 8.013 four points: • Enhance the quality, utility, and Hours = 2,404. Therefore, the total —Evaluate whether the proposed clarity of the information to be estimated burden hours associated with collected; and collection of information is necessary this collection are 2,404. for the proper performance of the • Minimize the burden of the If additional information is required functions of the agency, including collection of information on those who contact: Brenda E. Dyer, Department whether the information will have are to respond, including through the Clearance Officer, United States practical utility; use of appropriate automated, Department of Justice, Justice —Evaluate the accuracy of the agencies electronic, mechanical, or other Management Division, Policy and estimate of the burden of the technological collection techniques or Planning Staff, Patrick Henry Building, proposed collection of information, other forms of information technology, Suite 1600, 601 D Street NW., including the validity of the e.g., permitting electronic submission of Washington, DC 20530. responses. methodology and assumptions used; Dated: March 22, 2005. —Enhance the quality, utility, and Overview of This Information Brenda E. Dyer, clarity of the information to be Collection Department Clearance Officer, Department of collected; and (1) Type of Information Collection: Justice. —Minimize the burden of the collection Extension of a currently approved [FR Doc. 05–6019 Filed 3–25–05; 8:45 am] of information on those who are to collection. BILLING CODE 4410–18–P respond, including through the use of (2) Title of the Form/Collection: appropriate automated, electronic, National Judicial Reporting Programs mechanical, or other technological (NJRP). DEPARTMENT OF JUSTICE collection techniques or other forms (3) Agency form number, if any, and of information technology, e.g., the applicable component of the Office of Justice Programs permitting electronic submission of Department sponsoring the collection: responses. Agency Information Collection Form Number: NJRP–1. Bureau of Activities: Proposed Collection; Overview of This Information Justice Statistics, Office of Justice Comments Requested Collection Programs, Department of Justice. (4) Affected public who will be asked ACTION: 30-day notice of information (1) Type of Information Collection: or required to respond, as well as a brief collection under review: categorical Extension of a currently approved abstract: Primary: State Court assistance progress report. collection. Authorities. The National Judicial (2) Title of the Form/Collection: Reporting Program (NJRP) is the only The Department of Justice (DOJ), Categorical Assistance Progress Report. collection effort that provides an ability Office of Justice Programs (OJP) has (3) Agency form number, if any, and to maintain important statistics on submitted the following information the applicable component of the felons convicted and sentenced in state collection request to the Office of Department sponsoring the collection:

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Form Number: OJP FORM 4587/1. DEPARTMENT OF LABOR The amended notice applicable to Office of Justice Programs. TA–W–53,129 is hereby issued as Employment and Training (4) Affected public who will be asked follows: Administration or required to respond, as well as a brief ‘‘All workers of Bayer Pharmaceuticals abstract: Primary: State, local or tribal Corporation, Pharmaceutical Division, West government. Other: Federal government, [TA–W–53,129] Haven, Connecticut (TA–W–53,129), including employees of Bayer individuals or households, not-for-profit Bayer Pharmaceuticals Corporation Pharmaceuticals Corporation, Pharmaceutical institutions. The Uniform Pharmaceutical Division, West Haven, Division, West Haven, Connecticut, located Administrative Requirements for Grants CT; Including Employees of Bayer in the following states: Delaware (TA–W– and Cooperative Agreements—28 CFR Pharmaceuticals Corporation, 53,129QQ), Iowa (TA–W–53,129RR), Maine part 66, and OMB Circular A–100— Pharmaceutical Division, West Haven, (TA–W–53,129SS), Nebraska (TA–W– 53,129TT), Vermont (TA–W–53,129UU) and authorizes the Department of Justice to CT, Located in the Following States: collect information from grantees to District of Columbia (TA–W–53,129VV), who TA–W–53,129QQ Delaware, TA–W– became totally or partially separated from report on project activities and 53,129RR Iowa, TA–W–53,129SS employment on or after October 1, 2002, accomplishments. Grantees that are Maine, TA–W–53,129TT Nebraska, TA– through October 24, 2005, are eligible to recipients of a discretionary grant, as W–53,129UU Vermont, TA–W–53,129VV apply for adjustment assistance under well as some formula grants, are District Of Columbia Section 223 of the Trade Act of 1974.’’ required by OJP to report project Amended Notice of Certification Signed at Washington, DC this 14th day of activities and accomplishments by March 2005. Regarding Eligibility To Apply for submitting Categorical Assistance Worker Adjustment Assistance Richard Church, Progress Reports. These reports are Certifying Officer, Division of Trade expected to include details regarding In accordance with Section 223 of the Adjustment Assistance. the stage of project development and Trade Act of 1974 (19 U.S.C. 2273) the [FR Doc. E5–1355 Filed 3–25–05; 8:45 am] data regarding accomplishments to date. Department of Labor issued a Notice of BILLING CODE 4510–30–P Certification Regarding Eligibility to (5) An estimate of the total number of Apply for Worker Adjustment respondents and the amount of time Assistance on October 24, 2003, DEPARTMENT OF LABOR estimated for an average respondent to applicable to workers of Bayer respond/reply: It is estimated that 10, Pharmaceuticals Corporation, Employment and Training 366 respondents will take Pharmaceutical Division, West Haven, Administration approximately two hours to complete Connecticut. The notice was published each semi-annual submission of the in the Federal Register on November 28, Investigations Regarding Certifications Categorical Assistance Progress Report 2003 (68 FR 66878). The certification of Eligibility To Apply for Worker for a total of four hours annually per was amended on February 1, 2005 to Adjustment Assistance grantee. include workers of the West Haven, Petitions have been filed with the (6) An estimate of the total public Connecticut facility of the subject firm Secretary of Labor under Section 221(a) burden (in hours) associated with the located in many states throughout the of the Trade Act of 1974 (‘‘the Act’’) and collection: There are an estimated United States. The notice was published are identified in the Appendix to this 44,164 total annual burden hours in the Federal Register on February 22, notice. Upon receipt of these petitions, associated with this collection. 2005 (70 FR 8636–8637). the Director of the Division of Trade At the request of the State agency, the Adjustment Assistance, Employment If additional information is required Department reviewed the certification contact: Brenda E. Dyer, Department and Training Administration, has for workers of the subject firm. New instituted investigations pursuant to Clearance Officer, United States information shows that workers were Section 221(a) of the Act. Department of Justice, Justice separated involving employees of the The purpose of each of the Management Division, Policy and West Haven, Connecticut facility of investigations is to determine whether Planning Staff, Patrick Henry Building, Bayer Pharmaceuticals Corporation, the workers are eligible to apply for Suite 1600, 601 D Street, NW., Pharmaceutical Division located in the adjustment assistance under Title II, Washington, DC 20530. above mentioned states. These Chapter 2, of the Act. The investigations Dated: March 22, 2005. employees provided sales support will further relate, as appropriate, to the services for the production of Brenda E. Dyer, determination of the date on which total pharmaceutical products at the West or partial separations began or Department Clearance Officer, Department of Haven, Connecticut location of the Justice. threatened to begin and the subdivision subject firm. of the firm involved. [FR Doc. 05–6020 Filed 3–25–05; 8:45 am] Based on these findings, the The petitioners or any other persons BILLING CODE 4410–18–P Department is amending this showing a substantial interest in the certification to include employees of the subject matter of the investigations may West Haven, Connecticut facility of request a public hearing, provided such Bayer Pharmaceuticals Corporation, request is filed in writing with the Pharmaceutical Division, located in the Director, Division of Trade Adjustment above mentioned states. Assistance, at the address shown below, The intent of the Department’s not later than April 7, 2005. certification is to include all workers of Interested persons are invited to Bayer Pharmaceuticals Corporation, submit written comments regarding the Pharmaceutical Division, West Haven, subject matter of the investigations to Connecticut, who were adversely the Director, Division of Trade affected by increased imports. Adjustment Assistance, at the address

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shown below, not later than April 7, Adjustment Assistance, Employment Signed at Washington, DC this 11th day of 2005. and Training Administration, U.S. March 2005. The petitions filed in this case are Department of Labor, Room C–5311, 200 Timothy Sullivan, available for inspection at the Office of Constitution Avenue, NW., Washington, Director, Division of Trade Adjustment the Director, Division of Trade DC 20210. Assistance.

APPENDIX [Petitions instituted between 02/14/2005 and 02/25/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

56,566 ...... Black and Decker (Comp) ...... Jackson, TN ...... 02/14/2005 02/11/2005 56,567 ...... Kellwood Company—KMRO (Comp) ...... Rutherford, TN ...... 02/14/2005 02/10/2005 56,568 ...... Cleyn and Tinker International, Inc. (Comp) ... Malone, NY ...... 02/14/2005 02/07/2005 56,569 ...... Wickers Sportswear, Inc. (Comp) ...... Selmer, TN ...... 02/14/2005 02/07/2005 56,570 ...... Penn Mould Industries, Inc. (USWA) ...... Washington, PA ...... 02/14/2005 02/10/2005 56,571 ...... Graham Packaging Plastic Products, Inc. La Mirada, CA ...... 02/14/2005 02/10/2005 (State). 56,572 ...... Hickory Finishing, Inc. (Comp) ...... Hickory, NC ...... 02/14/2005 02/12/2005 56,573 ...... Charleston Hosiery, Inc. (Comp) ...... Biscoe, NC ...... 02/14/2005 02/14/2005 56,574 ...... Skillsoft (NPW) ...... Nashua, NH ...... 02/14/2005 01/31/2005 56,575 ...... Elger Industries, Inc. (Wkrs) ...... Verona, MS ...... 02/14/2005 02/04/2005 56,576 ...... Danaher Tool Group (Comp) ...... Springfield, MA ...... 02/15/2005 02/14/2005 56,577 ...... Becton Dickinson and Company (Comp) ...... Seneca, SC ...... 02/15/2005 02/15/2005 56,578 ...... GE Security (State) ...... Arden Hills, MN ...... 02/15/2005 02/14/2005 56,579 ...... Bulklift (UNITE) ...... Carpentersville, IL ...... 02/15/2005 02/01/2005 56,580 ...... Milliken & Company (Comp) ...... Blacksburg, SC ...... 02/15/2005 02/11/2005 56,581 ...... General Aluminum Manufacturing Company Cedarburg, WI ...... 02/16/2005 02/15/2005 (GMP). 56,582 ...... TI Automotive (Comp) ...... Normal, IL ...... 02/16/2005 02/15/2005 56,583 ...... Agilent Technologies (State) ...... Loveland, CO ...... 02/16/2005 02/14/2005 56,584 ...... Valeo Electrical Systems, Inc. (IUECWA) ...... Rochester, NY ...... 02/16/2005 01/24/2005 56,585 ...... Latronics, Inc. (USWA) ...... Latrobe, PA ...... 02/16/2005 02/10/2005 56,586 ...... Lawson-Hemphill Sales, Inc. (Comp) ...... Spartanburg, SC ...... 02/16/2005 01/24/2005 56,587 ...... Jeanerette Sugar Co., Inc. (State) ...... Jeanerette, LA ...... 02/16/2005 02/15/2005 56,588 ...... Guy Brown (State) ...... Chatsworth, CA ...... 02/16/2005 01/31/2005 56,589 ...... Nokia (State) ...... Fort Worth, TX ...... 02/17/2005 02/16/2005 56,590 ...... Maple Mountain Associates (State) ...... Milford, NH ...... 02/17/2005 02/16/2005 56,591 ...... Sun Micro Systems, Inc. (State) ...... Burlington, MA ...... 02/17/2005 02/17/2005 56,592 ...... North East Graphics (Wkrs) ...... Waymart, PA ...... 02/17/2005 02/08/2005 56,593 ...... Geneva Manufacturing Corp. (Wkrs) ...... Geneva, IN ...... 02/17/2005 02/07/2005 56,594 ...... DuPont Photomasks, Inc. (Comp) ...... Kokomo, IN ...... 02/17/2005 02/16/2005 56,595 ...... Gardall Safe Corp. (USWA) ...... Syracuse, NY ...... 02/17/2005 02/07/2005 56,596 ...... Duro Textiles, LLC (Comp) ...... Fall River, MA ...... 02/17/2005 01/31/2005 56,597 ...... Fairey Finishing (UNITE) ...... Durham, NC ...... 02/18/2005 02/07/2005 56,598 ...... Electrolux Home Products (Comp) ...... Greenville, MI ...... 02/18/2005 02/14/2005 56,599 ...... Dorby Frocks, Ltd. (Wkrs) ...... New York, NY ...... 02/18/2005 01/26/2005 56,600 ...... Tango Pacific (State) ...... Portland, OR ...... 02/18/2005 02/17/2005 56,601 ...... Fort Howard Steel (IBB) ...... Green Bay, WI ...... 02/18/2005 02/16/2005 56,602 ...... Jetter Knitting, Inc. (Comp) ...... Fort Payne, AL ...... 02/18/2005 02/16/2005 56,603 ...... ATK—Ordnance Systems (UAW) ...... Janesville, WI ...... 02/18/2005 02/17/2005 56,604 ...... Toshiba America Consumer Products, LLC Lebanon, TN ...... 02/18/2005 02/17/2005 (IBEW). 56,605 ...... Pennsylvania Veneer Corp. (Comp) ...... Clearfield, PA ...... 02/18/2005 02/14/2005 56,606 ...... Solo Cup Company (IBEW) ...... Springfield, MO ...... 02/18/2005 02/15/2005 56,607 ...... Superior Uniform Group, Inc. (Comp) ...... Lexington, MS ...... 02/18/2005 02/16/2005 56,608 ...... Eaton Corporation (Comp) ...... Three Rivers, MI ...... 02/22/2005 02/18/2005 56,609 ...... Celanese Acetate, LLC (Comp) ...... Rock Hill, SC ...... 02/22/2005 02/18/2005 56,610 ...... Silgan Containers (Wkrs) ...... Oconomowoc, WI ...... 02/22/2005 02/18/2005 56,611 ...... Global Accessories, Inc. (Comp) ...... Phoenix, AZ ...... 02/22/2005 02/17/2005 56,612 ...... A.O. Smith Electrical Products Company McMinnville, TN ...... 02/22/2005 02/08/2005 (Comp). 56,613 ...... Valtex, LLC (Comp) ...... Scottsboro, AL ...... 02/22/2005 02/18/2005 56,614 ...... White Knight Engineered Products, Inc. Childersburg, AL ...... 02/22/2005 02/07/2005 (Comp). 56,615 ...... Detroit Stoker Company (State) ...... Monroe, MI ...... 02/22/2005 02/14/2005 56,616 ...... R.J. Reynolds Tobacco Company (Comp) ..... Richmond, VA ...... 02/22/2005 02/17/2005 56,617 ...... Synalloy Corporation (State) ...... Spartanburg, SC ...... 02/22/2005 02/18/2005 56,618 ...... Staubli Corporation (Comp) ...... Duncan, SC ...... 02/22/2005 02/17/2005 56,619 ...... Springs Industries (Comp) ...... Griffin, GA ...... 02/22/2005 02/18/2005 56,620 ...... Springs Industries (Comp) ...... Hartwell, GA ...... 02/22/2005 02/18/2005 56,621 ...... Triumph Engineered Solutions, Inc. (IAMAW) Brookfield, WI ...... 02/23/2005 02/18/2005 56,622 ...... Inland (Wkrs) ...... Raleigh, NC ...... 02/23/2005 02/16/2005 56,623 ...... Sussex Zinc Plating, Inc. (State) ...... Sussex, WI ...... 02/23/2005 02/21/2005

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APPENDIX—Continued [Petitions instituted between 02/14/2005 and 02/25/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

56,624 ...... General Motors Corp. (Comp) ...... Pontiac, MI ...... 02/23/2005 02/15/2005 56,625 ...... Longwear Hosiery Mill, Inc. (Comp) ...... Hillebran, NC ...... 02/23/2005 02/21/2005 56,626 ...... Tee Jays Manufacturing Co., Inc. (Comp) ...... Florence, AL ...... 02/23/2005 02/21/2005 56,627 ...... Codet Newport Corp. (Wkrs) ...... Colebrook, NH ...... 02/23/2005 02/18/2005 56,628 ...... Vishay Dale Electronics, Inc. (State) ...... Norfolk, NE ...... 02/24/2005 02/22/2005 56,629 ...... Datex—Ohmeda, Inc. (Comp) ...... Louisville, CO ...... 02/24/2005 02/21/2005 56,630 ...... Sherwood Harsco Gas Service (USWA) ...... Washington, PA ...... 02/24/2005 02/22/2005 56,631 ...... Collins and Aikman (USWA) ...... Canton, OH ...... 02/25/2005 02/22/2005 56,632 ...... Celestica (Comp) ...... Mt. Pleasant, IA ...... 02/25/2005 02/22/2005 56,633 ...... Syracuse China (Wkrs) ...... Syracuse, NY ...... 02/25/2005 02/08/2005 56,634 ...... Kopin Corporation (Comp) ...... Taunton, MA ...... 02/25/2005 02/16/2005 56,635 ...... Green Acre Creation, Inc. (Comp) ...... Long Island City, NY ...... 02/25/2005 02/08/2005 56,636 ...... M.J. Soffee Co. (Comp) ...... Bladenboro, NC ...... 02/25/2005 02/09/2005 56,637 ...... Oneida Ltd. (Comp) ...... Sherrill, NY ...... 02/25/2005 02/21/2005 56,638 ...... Valspar (Wkrs) ...... Galax, VA ...... 02/25/2005 02/17/2005 56,639 ...... Prism Technology and Assemblies, LLC Meadville, PA ...... 02/25/2005 02/10/2005 (Comp). 56,640 ...... ATS (Automation Tooling Systems) (State) .... McAllen, TX ...... 02/25/2005 02/23/2005 56,641 ...... Stant Manufacturing, Inc. (UAW) ...... Connersville, IN ...... 02/25/2005 02/01/2005 56,642 ...... Turtle Fur Company (Comp) ...... Morrisville, VT ...... 02/25/2005 02/16/2005 56,643 ...... America Online, Inc. (Wkrs) ...... Oklahoma City, OK ...... 02/25/2005 02/16/2005 56,644 ...... Truth Hardware (GMP) ...... West Hazleton, PA ...... 02/25/2005 02/22/2005 56,645 ...... Zodiac American Pools (Wkrs) ...... Midway, GA ...... 02/25/2005 02/02/2005 56,646 ...... Wheatland Tube Company (USWA) ...... Warren, OH ...... 02/25/2005 02/04/2005 56,647 ...... Stillwater Forest Products (Comp) ...... Kalispell, MT ...... 02/25/2005 02/23/2005

[FR Doc. E5–1359 Filed 3–25–05; 8:45 am] published in the Federal Register on A careful review of the documents BILLING CODE 4510–30–P January 7, 2004 (69 FR 940). reveals that both the worker group and By letter dated February 5, 2004, the the circumstance of the workers’ union representative requested separations in TA–W–53,753 and TA– DEPARTMENT OF LABOR administrative review of the W–51,871 are the same. Both petitions Department’s action regarding the were filed on behalf of the same worker Employment and Training subject worker group. Administration group, 226 employees of Citation By letter dated March 17, 2004, the Corporation in Camden, Tennessee and [TA–W–53,753] Department dismissed the request for the same circumstance, the closing of reconsideration. The Dismissal of the plant on December 12, 2002. Citation Corporation, Camden, TN; Application for Reconsideration was Notice of Negative Determination on Since the same worker group and issued on March 30, 2004 and published circumstance causing the workers’ Reconsideration on Remand in the Federal Register on April 6, 2004 separation had been investigated and a (69 FR 18107). The United States Court of final decision denying certification had International Trade (USCIT) granted the On May 12, 2004, the Plaintiff applied been issued in TA–W–51,871, the Secretary of Labor’s motion for a to the USCIT for judicial review, termination of the investigation of TA– asserting that the Department’s voluntary remand in Former Employees W–53,753 was proper in order to determination regarding petitioners TA– of Citation Corporation v. Elaine Chao, preserve administrative resources. W–51,871 and TA–W–53,753 were in U.S. Secretary of Labor, Court No. 04– Petitioners had an opportunity to timely 00198, on February 7, 2005. The error. seek judicial review of TA–W–51,871 Department of Labor (Department) Petitioners have sixty days from the and failed to do so. It would be requested the remand to clarify the basis date the Department’s determination is inappropriate for petitioners to evade for its denial of the Trade Adjustment published in the Federal Register to file Assistance (TAA) petition dated for judicial review. The determination the consequences of their failure timely December 9, 2003, filed by the regarding TA–W–51,871 was published seek judicial review by merely filing an Tennessee AFL–CIO on behalf of in the Federal Register on July 3, 2003 identical petition. workers of the subject firm. (68 FR 39976). The period to seek Conclusion The Department terminated the judicial review of TA–W–51,871 investigation of TA–W–53,753 because expired on September 1, 2003. Because After reconsideration on remand, I no new information or change in the Plaintiff did not file an appeal with affirm the original notice of negative circumstance was evident which would the USCIT until May 12, 2004, the determination of eligibility to apply for have resulted in the reversal of a determination regarding TA–W–51,871 adjustment assistance for workers and previous negative determination is final and not subject to judicial former workers of Citation Corporation, applicable to the same worker group review. Therefore, the issue before the Camden, Tennessee. (TA–W–51,871, denied on June 16, USCIT is whether the Department’s 2003). The Notice of Termination was decision to terminate the investigation issued on December 11, 2003 and for TA–W–53,753 was in error.

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Signed at Washington, DC, this 9th day of Signed in Washington, DC, this 8th day of determination of the date on which total March 2005. March, 2005. or partial separations began or Elliott S. Kushner, Richard Church, threatened to begin and the subdivision Certifying Officer, Division of Trade Certifying Officer, Division of Trade of the firm involved. Adjustment Assistance. Adjustment Assistance. The petitioners or any other persons [FR Doc. E5–1345 Filed 3–25–05; 8:45 am] [FR Doc. E5–1349 Filed 3–25–05; 8:45 am] showing a substantial interest in the BILLING CODE 4510–30–P BILLING CODE 4510–30–P subject matter of the investigations may request a public hearing, provided such request is filed in writing with the DEPARTMENT OF LABOR DEPARTMENT OF LABOR Director, Division of Trade Adjustment Employment and Training Employment and Training Assistance, at the address shown below, Administration Administration not later than April 7, 2005. [TA–W–56,449] Interested persons are invited to Investigations Regarding Certifications submit written comments regarding the Fisher Scientific Company, A Division of Eligibility To Apply for Worker subject matter of the investigations to of Fisher Scientific International, Inc., Adjustment Assistance the Director, Division of Trade Adjustment Assistance, at the address Laboratory Equipment Division, Petitions have been filed with the Indiana, PA; Notice of Termination of shown below, not later than April 7, Secretary of Labor under Section 221(a) 2005. Investigation of the Trade Act of 1974 (‘‘the Act’’) and Pursuant to section 221 of the Trade are identified in the Appendix to this The petitions filed in this case are Act of 1974, as amended, an notice. Upon receipt of these petitions, available for inspection at the Office of investigation was initiated on February the Director of the Division of Trade the Director, Division of Trade 1, 2005, in response to a petition filed Adjustment Assistance, Employment Adjustment Assistance, Employment by a company official on behalf of and Training Administration, has and Training Administration, U.S. workers at Fisher Scientific Company, a instituted investigations pursuant to Department of Labor, Room C–5311, 200 division of Fisher Scientific Section 221(a) of the Act. Constitution Avenue, NW., Washington, International, Inc., Laboratory The purpose of each of the DC 20210. Equipment Division, Indiana, investigations is to determine whether Signed at Washington, DC, this 15th day of Pennsylvania. the workers are eligible to apply for March, 2005. The petitioner has requested that the adjustment assistance under Title II, Timothy Sullivan, petition be withdrawn. Consequently, Chapter 2, of the Act. The investigations Director, Division of Trade Adjustment the investigation has been terminated. will further relate, as appropriate, to the Assistance.

APPENDIX [Petitions instituted between 02/28/2005 and 03/04/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

56,648 ...... Hamilton Sundstrand (Comp) ...... Grand Junction, CO ...... 02/28/2005 02/22/2005 56,649 ...... Seneca Foods Corp. (Wkrs) ...... Dayton, WA ...... 02/28/2005 02/22/2005 56,650 ...... Barnes Supply Co., Inc. (Comp) ...... Collinsville, VA ...... 02/28/2005 02/24/2005 56,651 ...... Profile Metal Forming (Comp) ...... Tullahoma, TN ...... 02/28/2005 02/24/2005 56,652 ...... Vishay Sprague (Comp) ...... Sanford, ME ...... 02/28/2005 02/25/2005 56,653 ...... Mercury Marine—Brunswick (Wkrs) ...... Fond du Lac, WI ...... 02/28/2005 02/25/2005 56,654 ...... ECC Corporation (Wkrs) ...... Jefferson, MA ...... 02/28/2005 02/17/2005 56,655 ...... BASF Corporation Agricultural Products Beaumont, TX ...... 02/28/2005 02/02/2005 (Comp). 56,656 ...... ICS Cutting Tools (Comp) ...... Casco, WI ...... 03/01/2005 02/14/2005 56,657 ...... Vernay Laboratories, Inc. (IUECWA) ...... Yellow Springs, OH ...... 03/01/2005 02/14/2005 56,658 ...... Pacific Coast Feather Co. (Wkrs) ...... Henderson, NC ...... 03/01/2005 02/21/2005 56,659 ...... Healthco International, LLC (Comp) ...... Dixville Notch, NH ...... 03/01/2005 02/28/2005 56,660 ...... GE Security (Comp) ...... Gladewater, TX ...... 03/02/2005 02/28/2005 56,661 ...... Johnston Textiles, Inc. (Wkrs) ...... Valley, AL ...... 03/02/2005 03/01/2005 56,662 ...... Olsonite Corporation (Comp) ...... Newnan, GA ...... 03/02/2005 02/17/2005 56,663 ...... Sohnen Enterprises, Inc. (State) ...... Santa Fe Spring, CA ...... 03/02/2005 02/18/2005 56,664 ...... Osram Sylvania (Comp) ...... Bangor, ME ...... 03/02/2005 02/17/2005 56,665 ...... Casual Lamps (State) ...... Gardena, CA ...... 03/02/2005 02/25/2005 56,666 ...... Aim Nationalease (Comp) ...... Old Fort, NC ...... 03/02/2005 02/14/2005 56,667 ...... Industrial Distribution Group (Comp) ...... West Jefferson, NC ...... 03/03/2005 03/03/2005 56,668 ...... Agrium U.S., Inc. (Comp) ...... Kenai, AK ...... 03/03/2005 03/02/2005 56,669 ...... Positive Systems, Inc. (Comp) ...... Whitefish, MT ...... 03/03/2005 03/02/2005 56,670 ...... Carolina Mills, Inc. (NC) ...... Maiden, NC ...... 03/03/2005 02/14/2005 56,671 ...... TSI Logistics (Wkrs) ...... Stockbridge, GA ...... 03/03/2005 03/02/2005 56,672 ...... Golden Northwest Aluminum (USWA) ...... Goldendale, WA ...... 03/03/2005 03/01/2005 56,673 ...... Keystone Weaving Mills, Inc. (Comp) ...... York, PA ...... 03/03/2005 03/01/2005 56,674 ...... CTS Wireless Componets (Wkrs) ...... Albuquerque, NM ...... 03/03/2005 02/28/2005 56,675 ...... Continental Tire North America (Wkrs) ...... Akron, OH ...... 03/03/2005 02/02/2005 56,676 ...... Regent Meg Co. (Wkrs) ...... San Francisco, CA ...... 03/03/2005 03/01/2005 56,677 ...... Wyeth Pharmaceutical (Wkrs) ...... Westchester, PA ...... 03/03/2005 03/02/2005 56,678 ...... Honeywell International, Inc. (Comp) ...... Lynn Haven, FL ...... 03/03/2005 02/28/2005

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APPENDIX—Continued [Petitions instituted between 02/28/2005 and 03/04/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

56,679 ...... Beverly Enterprise (Wkrs) ...... Fort Smith, AR ...... 03/03/2005 03/02/2005 56,680 ...... Industrial Metal Products (State) ...... Lansing, MI ...... 03/04/2005 02/24/2005 56,681 ...... Lobdell-Emery/Oxford Automotive (Wkrs) ...... Greencastle, IN ...... 03/04/2005 03/03/2005 56,682 ...... American Express (Wkrs) ...... Phoenix, AZ ...... 03/04/2005 03/03/2005 56,683 ...... Intel (Wkrs) ...... Hillsboro, OR ...... 03/04/2005 03/03/2005 56,684 ...... Roaring and Cumberland Mfg., Inc. (Comp) ... Sparta, TN ...... 03/04/2005 03/01/2005 56,685 ...... Global Textile Robotics, LLC (Wkrs) ...... Greenville, SC ...... 03/04/2005 03/01/2005 56,686 ...... McDade Apparel, LLC (Wkrs) ...... Warrenton, NC ...... 03/04/2005 03/03/2005 56,687 ...... KL-Arrow, Inc. (Comp) ...... Asheboro, NC ...... 03/04/2005 03/02/2005 56,688 ...... Lands’ End (Wkrs) ...... Dodgeville, WI ...... 03/04/2005 03/03/2005

[FR Doc. E5–1363 Filed 3–25–05; 8:45 am] ‘‘Requests for Certification under the provisions of the Act, I make the BILLING CODE 4510–30–P Alternative Trade Adjustment following certification: Assistance (ATAA) Program for Certain All workers at Hollister, Inc., Kirksville Worker Groups Covered by Certified Manufacturing, Kirksville, Missouri, who DEPARTMENT OF LABOR TAA Petitions’’ (TEGL 2–03, Change 2). became totally or partially separated from 70 FR 8829–02, February 23, 2005. The employment on or after January 7, 2003 Employment and Training Department’s new TEGL concerning the through February 11, 2006, are eligible to Administration filing of requests for group ATAA apply for adjustment assistance under [TA–W–53,997] certification provides that worker Section 223 of the Trade Act of 1974, and are groups whose petitions were still in also eligible to apply for alternative trade Hollister, Inc., Kirksville process at the time of implementation of adjustment assistance under Section 246 of Manufacturing, Kirksville, MO; Notice the ATAA program on August 6, 2003 the Trade Act of 1974. of Determination of Alternative Trade and certified worker groups who filed Signed at Washington, DC, this 10th day of Adjustment Assistance on Remand petitions which did not include an March, 2005. The U.S. Court of International Trade option to apply for ATAA may request group ATAA certification after the filing Elliott S. Kushner, (USCIT) granted the Secretary of Labor’s Certifying Officer, Division of Trade motion for a voluntary remand for of a TAA petition. The Department construes the Adjustment Assistance. further investigation in Former [FR Doc. E5–1346 Filed 3–25–05; 8:45 am] Employees of Hollister, Inc. v. Elaine Plaintiff’s letters as timely requests for Chao, U.S. Secretary of Labor, No. 04– group ATAA certification under TEGL BILLING CODE 4510–30–P 00262, on February 1, 2005. 2–03, Change 2. Accordingly, the The workers of Hollister, Inc., Department has conducted an DEPARTMENT OF LABOR Kirksville Manufacturing, Kirksville, investigation to determine the workers’ Missouri (‘‘Hollister’’) were certified as eligibility to apply for ATAA certification. Employment and Training eligible to apply for Trade Adjustment Administration Assistance (TAA) on February 11, 2004. The group eligibility certification The Notice of determination was criteria for the ATAA program under published in the Federal Register on Section 246 the Trade Act of 1974 (19 [TA–W–56,497] March 12, 2004 (69 FR 11890). U.S.C. 2813), as amended, established By letter dated March 19, 2004, the that the Department must determine Johnson Controls, Inc., Wamsutta United Automotive Workers, Local 710, whether a significant number of workers Plant, Anderson, SC; Notice of requested that Alternative Trade in the workers’ firm are 50 years of age Termination of Investigation Adjustment Assistance (ATAA) be or older, whether the workers in the Pursuant to section 221 of the Trade included in the TAA petition. The workers’ firm possess skills that are not Act of 1974, an investigation was request was dismissed because the easily transferable, and whether the initiated on February 4, 2005 in application for ATAA was not filed with competitive conditions within the response to a petition filed by a the TAA petition, as required by the workers’ industry are adverse. company official on behalf of workers at Secretary’s interpretation of Section 246 The remand investigation revealed Johnson Controls, Inc., Wamsutta Plant, of the Trade Act, Training and that at least five percent of the Anderson, South Carolina. Johnson Employment Guidance Letter No. 2–03 workforce at the subject firm is at least Controls is an on site leased worker (August 6, 2003). 69 FR 60904, October fifty years of age, the workers possess company for Springs Industries 13, 2004. skills that are not easily transferable, On June 28, 2004, the Plaintiff and competitive conditions within the Wamsutta Plant, Anderson, South appealed to the USCIT, asserting that industry are adverse. Carolina. the workers were not provided the The petitioning group of workers is Conclusion assistance and opportunity to request covered by an active certification, (TA– ATAA because the requirements for After careful review of the facts, I W–56,295A) which expires on February applying for ATAA were ambiguous. conclude that the requirements of 16, 2007. Consequently, further On October 29, 2004, the Department Section 246 of the Trade Act of 1974, as investigation in this case would serve issued Training and Employment amended, have been met for workers at no purpose; therefore the investigation Guidance Letter No. 2–03, Change 2, the subject firm. In accordance with the under this petition has been terminated.

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Signed in Washington, DC, this 8th day of the Director of the Division of Trade Assistance, at the address shown below, March, 2005. Adjustment Assistance, Employment not later than April 7, 2005. Richard Church, and Training Administration, has Interested persons are invited to Certifying Officer, Division of Trade instituted investigations pursuant to submit written comments regarding the Adjustment Assistance. Section 221(a) of the Act. subject matter of the investigations to [FR Doc. E5–1350 Filed 3–25–05; 8:45 am] the Director, Division of Trade The purpose of each of the BILLING CODE 4510–30–P Adjustment Assistance, at the address investigations is to determine whether shown below, not later than April 7, the workers are eligible to apply for 2005. DEPARTMENT OF LABOR adjustment assistance under Title II, The petitions filed in this case are Chapter 2, of the Act. The investigations available for inspection at the Office of Employment and Training will further relate, as appropriate, to the the Director, Division of Trade Administration determination of the date on which total Adjustment Assistance, Employment or partial separations began or and Training Administration, U.S. Investigations Regarding Certifications threatened to begin and the subdivision Department of Labor, Room C–5311, 200 of Eligibility To Apply for Worker of the firm involved. Constitution Avenue, NW., Washington, Adjustment Assistance The petitioners or any other persons DC 20210. Petitions have been filed with the showing a substantial interest in the Signed at Washington, DC, this 18th day of Secretary of Labor under Section 221(a) subject matter of the investigations may March 2005. of the Trade Act of 1974 (‘‘the Act’’) and request a public hearing, provided such Timothy Sullivan, are identified in the Appendix to this request is filed in writing with the Director, Division of Trade Adjustment notice. Upon receipt of these petitions, Director, Division of Trade Adjustment Assistance.

APPENDIX [Petitions Instituted Between 03/07/2005 and 03/11/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

56,689 ...... Jones Apparel Group (Wkrs) ...... Rural Hall, NC ...... 03/07/2005 03/04/2005 56,690 ...... Qualex, Inc. (Wkrs) ...... Durham, NC ...... 03/07/2005 02/28/2005 56,691 ...... Worldtex, Inc. (Comp) ...... Hickory, NC ...... 03/07/2005 02/28/2005 56,692 ...... Wiremold/Legrand (Comp) ...... Philadelphia, PA ...... 03/07/2005 03/04/2005 56,693 ...... United Plywood Industries (Comp) ...... Mockville, NC ...... 03/07/2005 02/25/2005 56,694 ...... Colortronic, Inc. (State) ...... Runnemede, NJ ...... 03/07/2005 03/04/2005 56,695 ...... Tyco Electronics-Tyco Printed CircuitGrp ...... Stafford, CT ...... 03/07/2005 03/04/2005 56,696 ...... Hewlett-Packard Company ...... Corvallis, OR ...... 03/08/2005 03/07/2005 56,697 ...... B Machine Products, Inc. (Comp) ...... Parkersburg, WV ...... 03/08/2005 02/24/2005 56,698 ...... Domtar Inc. (PACE) ...... Baileyville, ME ...... 03/08/2005 03/04/2005 56,699 ...... Bartech Technical Services (Wkrs) ...... Warren, OH ...... 03/08/2005 02/09/2005 56,700 ...... CIBC World Markets (Wkrs) ...... Atlanta, GA ...... 03/08/2005 02/28/2005 56,701 ...... Twigs and Ivy Boutique (Wkrs) ...... Potosi, MO ...... 03/08/2005 02/10/2005 56,702 ...... Fairbanks Morse Engine (USWA) ...... Beloit, WI ...... 03/08/2005 03/07/2005 56,703 ...... Top Flight, Inc. (Comp) ...... Chattanooga, TN ...... 03/08/2005 03/04/2005 56,704 ...... Lockheed Martin Aeronautics (Wkrs) ...... Fort Worth, TX ...... 03/08/2005 03/07/2005 56,705 ...... Marlatex Corporation (Comp) ...... Belmont, NC ...... 03/08/2005 03/07/2005 56,706 ...... Plus Mark (Wkrs) ...... Franklin, TN ...... 03/08/2005 02/25/2005 56,707 ...... Kopin Corporation (Comp) ...... Taunton, MA ...... 03/10/2005 03/08/2005 56,708 ...... AVX Corporation (Comp) ...... Raleigh, NC ...... 03/10/2005 03/08/2005 56,709 ...... American Identity (Comp) ...... Marcus, IA ...... 03/10/2005 03/08/2005 56,710 ...... Laidlaw (State) ...... Dundalk, MD ...... 03/10/2005 03/08/2005 56,711 ...... Jacobs Chuck Manufacturing (Wkrs) ...... Clemson, SC ...... 03/10/2005 02/24/2005 56,712 Dallco Industries, Inc. (Comp) ...... York, PA ...... 03/10/2005 02/21/2005 56,713 ...... Seagate (State) ...... Bloomington, MN ...... 03/10/2005 03/08/2005 56,714 ...... Briess Malt and Ingredients (UAW) ...... Waterloo, WI ...... 03/10/2005 03/09/2005 56,715 ...... International Paper (Wkrs) ...... Eighty Four, PA ...... 03/10/2005 02/17/2005 56,716 ...... Northern Steel Castings (Wkrs) ...... Kenosha, WI ...... 03/10/2005 03/07/2005 56,717 ...... Victor Insulators (Wkrs) ...... Victor, NY ...... 03/10/2005 02/23/2005 56,718 ...... I.H. Apparel Group, LLC (Wkrs) ...... New York, NY ...... 03/10/2005 02/23/2005 56,719 ...... Donegal Industries (UNITE) ...... Mount Joy, PA ...... 03/10/2005 02/22/2005 56,720 ...... Automatic Welding (Wkrs) ...... Ashland, OH ...... 03/10/2005 02/17/2005 56,721 ...... New Campaign, Inc. (Wkrs) ...... Norfolk, VA ...... 03/10/2005 02/28/2005 56,722 ...... Allied Mold and Die Company (Wkrs) ...... Fontana, CA ...... 03/10/2005 02/22/2005 56,723 ...... Brookwood Furniture (Comp) ...... Bruce, MS ...... 03/10/2005 03/08/2005 56,724 ...... American Pad and Paper, LLC (Comp) ...... Westfield, MA ...... 03/10/2005 03/08/2005 56,725 ...... Bridgeport Metal Goods, Inc. (Comp) ...... Hinsdale, NH ...... 03/10/2005 03/08/2005 56,726 ...... Bob Timberlake, Inc. (Comp) ...... Lexington, NC ...... 03/10/2005 03/09/2005 56,727 ...... Stinson Seafood (Comp) ...... Bath, ME ...... 03/10/2005 03/04/2005 56,728 ...... Alcon Packaging (Comp) ...... Bethlehem, PA ...... 03/10/2005 03/09/2005 56,729 ...... Agilent Technologies (State) ...... Ft. Collins, CO ...... 03/10/2005 02/23/2005 56,730 ...... Heritage Sportswear, LLC (Comp) ...... Marion, SC ...... 03/10/2005 03/08/2005 56,731 ...... Creo Americas, Inc. (State) ...... Woodland Hills, CA ...... 03/10/2005 03/09/2005 56,732 ...... Eaton (Comp) ...... Everett, WA ...... 03/10/2005 03/09/2005

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APPENDIX—Continued [Petitions Instituted Between 03/07/2005 and 03/11/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

56,733 ...... Cadiac Care, Inc. (State) ...... Cottonwood, AZ ...... 03/10/2005 02/17/2005 56,734 ...... Penn Fishing Tackle Mfg. Co. (Comp) ...... Hegins, PA ...... 03/10/2005 03/07/2005 56,735 ...... Beltone Electronic Corporation (State) ...... Chicago, IL ...... 03/10/2005 02/21/2005 56,736 ...... Ardmore Blouses, Inc. (Wkrs) ...... Pen Argyl, PA ...... 03/10/2005 02/24/2005 56,737 ...... Karibe, Inc. (Comp) ...... West Pittston, PA ...... 03/10/2005 03/09/2005 56,738 ...... Radisys Corporation (Comp) ...... Hillsboro, OR ...... 03/11/2005 03/10/2005 56,739 ...... Flexaust Appliance, Inc. (Comp) ...... El Paso, TX ...... 03/11/2005 02/10/2005 56,740 ...... Mohawk Valley Textile Printing (Wkrs) ...... Schenectady, NY ...... 03/11/2005 02/28/2005 56,741 ...... Maxtor Corporation (Comp) ...... Milpitas, CA ...... 03/11/2005 03/08/2005 56,742 ...... Salvavida USA, Inc. (Comp) ...... Folly Beach, SC ...... 03/11/2005 02/28/2005 56,743 ...... Ranstad (State) ...... Gardena, CA ...... 03/11/2005 03/01/2005 56,744 ...... ACS (Wkrs) ...... Florence, SC ...... 03/11/2005 03/09/2005 56,745 ...... Trane—Industrial Sheet Metal (Comp) ...... Rockingham, NC ...... 03/11/2005 03/01/2005 56,746 ...... Tama Manufacturing Co., Inc. (Comp) ...... Allentown, PA ...... 03/11/2005 03/08/2005 56,747 ...... Compx (Wkrs) ...... Mauldin, SC ...... 03/11/2005 03/09/2005 56,748 ...... Amdocs, Inc. (Wkrs) ...... Anaheim, CA ...... 03/11/2005 02/18/2005 56,749 ...... Hansen International, Inc. (Wkrs) ...... Lexington, SC ...... 03/11/2005 03/10/2005 56,750 ...... Finishing Touch Hosiery (Comp) ...... Fyffe, AL ...... 03/11/2005 03/08/2005 56,751 ...... Hitach Global Storage Technologies, Inc...... San Jose, CA ...... 03/11/2005 03/10/2005 56,752 ...... Team Manufacturing, Inc. (State) ...... Rancho Dominque, CA ...... 03/11/2005 03/09/2005

[FR Doc. E5–1364 Filed 3–25–05; 8:45 am] questions to the subject company (1) A significant number or proportion of BILLING CODE 4510–30–P whether the subject workers supported the workers in such workers’ firm, or an any domestic production facility was appropriate subdivision of the firm, have responded in the negative, the become totally or partially separated, or are DEPARTMENT OF LABOR threatened to become totally or partially Department affirmed the initial separated; and determination. On September 17, 2004, Employment and Training (2)(A)(i) The sales or production, or both, the Department denied the petitioner’s of such firm or subdivision have decreased Administration request for reconsideration because no absolutely; [TA–W–55,175] production occurred at Levi Strauss and (ii) Imports of articles like or directly Company, Powell, Tennessee during the competitive with articles produced by such Levi Strauss and Company, Knoxville, twelve-month period prior to the firm or subdivision have increased; and TN; Notice of Revised Determination petition date (April 15, 2004). The (iii) The increase in imports described in on Remand clause (ii) contributed importantly to such Department’s Notice was published in workers’ separation or threat of separation The United States Court of the Federal Register on October 8, 2004 and to the decline in the sales or production International Trade (USCIT) granted the (69 FR 60430). of such firm or subdivision; or By letter dated November 10, 2004, Department’s motion for voluntary (B)(i) There has been a shift in production the petitioner filed an appeal with the remand for further investigation in by such workers’ firm or subdivision to a USCIT, alleging that the subject worker foreign country of articles like or directly Former Employees of Levi Strauss and group supported a TAA-certified facility competitive with articles which are produced Company v. U.S. Secretary of Labor by such firm or subdivision; and (Court No. 04–00580). during the twelve-month period prior to the petition date of April 15, 2004: Levi (ii)(I) The country to which the workers’ The Department’s denial of the initial firm has shifted production of the articles is petition for Trade Adjustment Strauss and Company, San Antonio, a party to a free trade agreement with the Assistance (TAA) and Alternative Trade Texas (TA–W–41,377E). United States; Adjustment Assistance (ATAA) was In order to investigate the petitioner’s (II) The country to which the workers’ firm issued on July 27, 2004. The Notice of new allegation, the Department filed a has shifted production of the articles is a negative determination was published motion for voluntary remand. In an beneficiary country under the Andean Trade Order issued on January 20, 2005, the Preference Act, African Growth and in the Federal Register on August 10, Opportunity Act, or the Caribbean Basin 2004 (69 FR 48530). The denial was USCIT granted the Department’s motion. Economic Recovery Act; or based on the finding that the subject (III) There has been or is likely to be an worker group did not produce an article The Department conducted a remand investigation in order to determine increase in imports of articles that are like or within the meaning of Section 222(a)(2) directly competitive with articles which are of the Act and did not support whether the subject worker group met or were produced by such firm or production of an article by Levi Straus the criteria set forth in the Trade Act of subdivision. and Company, Knoxville, Tennessee or 1974 for TAA certification as primarily- During the remand investigation, the an appropriate subdivision of Levi affected workers. Section 222(a) of the Department raised additional questions Straus and Company. Trade Act (19 U.S.C. 2272(a)) provides: and obtained detailed supplemental By letter dated August 27, 2004, the A group of workers (including workers in responses from the company. In petitioner requested administrative any agricultural firm or subdivision of an particular, the new information agricultural firm) shall be certified by the reconsideration, contending that the Secretary as eligible to apply for adjustment provided by two managers who worked workers supported a qualifying assistance under this part pursuant to a at the subject facility and confirmed by production facility: Levi Straus, Powell, petition filed under section 2271 of this title the director of human resources located Tennessee. Because the Department’s if the Secretary determines that— in Weston, Florida who is familiar with

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the Knoxville, Tennessee operations, Department of Labor issued a The petitioner has requested that the revealed that the subject worker group Certification of Eligibility to Apply for petition be withdrawn. Consequently, was engaged in activities which Worker Adjustment Assistance on the investigation has been terminated. supported domestic subject company January 28, 2005, applicable to workers Signed at Washington, DC this 7th day of production, including the San Antonio, of Mastercraft fabrics LLC, Eagle March, 2005. Texas facility. Mountain Finishing, Cramerton, North Linda G. Poole, The Department also investigated Carolina. The notice was published in whether Levi Strauss, San Antonio, Certifying Officer, Division of Trade the Federal Register on March 9, 2005 Adjustment Assistance. Texas was TAA-certifiable during the (70 FR 11705). [FR Doc. E5–1360 Filed 3–25–05; 8:45 am] relevant period. The investigation At the request of the company, the revealed that the San Antonio, Texas Department reviewed the certification BILLING CODE 4510–30–P facility closed in January 2004 and that for workers of the subject firm. The increased company imports during the workers are engaged in the production DEPARTMENT OF LABOR relevant period contributed importantly of finished fabric. to the plant’s closure and the worker New information shows that Joan Employment and Training group’s separations. Fabrics Corporation is the parent firm of Administration The Department has determined that Mastercraft Fabrics LLC, Eagle all criteria regarding ATAA for the Mountain Finishing. [TA–W–56,418A] subject worker group have been met. A Workers separated from employment significant number or proportion of the at the subject firm had their wages Pfaltzgraff Company, Pfaltzgraff worker group are age fifty years or over, reported under a separate Distribution Center Including On-Site the workers possess skills that are not unemployment insurance (UI) tax Leased Workers From Manpower, Inc. easily transferable and competitive account for Joan Fabrics Corporation. and Adecco York, PA; Amended conditions within the garment industry Accordingly, the Department is Certification Regarding Eligibility To are adverse. amending the certification to properly Apply for Worker Adjustment Assistance and Alternative Trade Conclusion reflect this matter. The intent of the Department’s Adjustment Assistance After careful review of the facts certification is to include all workers of In accordance with section 223 of the generated during the remand Mastercraft Fabrics LLC, Eagle Trade Act of 1974 (19 U.S.C. 2273) the investigation, I determine that increased Mountain Finishing, Cramerton, North Department of Labor issued a imports of articles like or directly Carolina who were adversely affected by Certification of Eligibility to Apply for competitive with those produced at the a shift in production of finished fabric Worker Adjustment Assistance and subject firm contributed importantly to to Mexico. Negative Determination Regarding the total or partial separation of workers The amended notice applicable to Eligibility to Apply for Alternative at the subject facility. In accordance TA–W–56,339 is hereby issued as Trade Adjustment Assistance on with the provisions of the Act, I make follows: the following certification: February 22, 2005, applicable to ‘‘All workers of Mastercraft Fabrics LLC, workers of Pfaltzgraff Company, All workers of Levi Strauss and Company, Joan Fabrics Corporation, Eagle Mountain Knoxville, Tennessee, who became totally or Pfaltzgraff Distribution Center, Finishing, Cramerton, North Carolina, who including on-site leased workers from partially separated from employment on or became totally or partially separated from after April 15, 2003, through two years from employment on or after January 12, 2004, Manpower, Inc. and Adecco, York, the issuance of this revised determination, through January 28, 2007, are eligible to Pennsylvania. The notice was published are eligible to apply for Trade Adjustment apply for adjustment assistance under in the Federal Register on March 9, Assistance under section 223 of the Trade Section 223 of the Trade Act of 1974.’’ 2005 (70 FR 11704). Act of 1974, and are also eligible to apply for Alternative Trade Adjustment Assistance Signed at Washington, DC this 14th day of At the request of the State agency, the under Section 246 of the Trade Act of 1974. March 2005. Department reviewed the certification Richard Church, for workers of the subject firm. The Signed at Washington, DC, this 21st day of workers provide packing and shipping March, 2005. Certifying Officer, Division of Trade services in direct support of the Elliott S. Kushner, Adjustment Assistance. production of ceramic dinnerware [FR Doc. E5–1357 Filed 3–25–05; 8:45 am] Certifying Officer, Division of Trade produced at the Thomasville, Adjustment Assistance. BILLING CODE 4510–30–P Pennsylvania (TA–W–56,418) location [FR Doc. E5–1347 Filed 3–25–05; 8:45 am] of the subject firm. BILLING CODE 4510–30–P DEPARTMENT OF LABOR New findings show that there was a previous certification,TA–W–41,917, DEPARTMENT OF LABOR Employment and Training issued on September 30, 2002, for Administration workers of Pfaltzgraff Company, York, Pennsylvania who were engaged in Employment and Training [TA–W–56,589] Administration employment related to the production of ceramic dinnerware. That certification [TA–W–56,339] Nokia, Fort Worth, TX; Notice of Termination of Investigation expired September 30, 2004. To avoid Mastercraft Fabrics, LLC, Joan Fabrics an overlap in worker group coverage, Corporation, Eagle Mountain Finishing Pursuant to Section 221 of the Trade the certification is being amended to Cramerton, NC; Amended Certification Act of 1974, as amended, an change the impact date from January 27, Regarding Eligibility To Apply for investigation was initiated on February 2004 to October 1, 2004, for workers of Worker Adjustment Assistance 17, 2005 in response to a petition filed the subject firm. by a state agency representative on The amended notice applicable to In accordance with section 223 of the behalf of workers at Nokia, Ft. Worth, TA–W–56,418 is hereby issued as Trade Act of 1974 (19 U.S.C. 2273) the Texas. follows:

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‘‘All workers of Pfaltzgraff Company, Signed in Washington, DC, this 9th day of DEPARTMENT OF LABOR Pfaltzgraff Distribution Center, including on- March, 2005. site leased workers from Manpower, Inc., and Linda G. Poole, Employment and Training Adecco, York Pennsylvania (TA–W– Administration 56,418A), who became totally or partially Certifying Officer, Division of Trade separated from employment on or after Adjustment Assistance. [TA–W–56,641] October 1, 2004, through February 22, 2007, [FR Doc. E5–1353 Filed 3–25–05; 8:45 am] are eligible to apply for adjustment assistance BILLING CODE 4510–30–P Stant Manufacturing, Inc., under Section 223 of the Trade Act of 1974, Connersville, IN; Notice of Termination and are also eligible to apply for alternative of Investigation trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Signed at Washington, DC this 15th day of Act of 1974, as amended, an Employment and Training investigation was initiated on February March 2005. Administration Richard Church, 25, 2005 in response to a petition filed Certifying Officer, Division of Trade by the United Automobile, Aerospace & [TA–W–56,274] Adjustment Assistance. Agricultural Implement Workers of [FR Doc. E5–1358 Filed 3–25–05; 8:45 am] America International Union, Local Shane-Hunter, Inc., San Francisco, CA; 1904, on behalf of workers at Stant BILLING CODE 4510–30–P Notice of Affirmative Determination Manufacturing, Inc., Connersville, Regarding Application for Indiana. DEPARTMENT OF LABOR Reconsideration The petition is a copy of the petition instituted on February 8, 2005 (TA–W– Employment and Training By letter dated March 3, 2005, 56,532). On February 28, 2005, the Administration petitioners requested administrative Department issued a certification of reconsideration of the Department’s eligibility for workers of Stant [TA–W–56,557] Notice of Negative Determination Manufacturing, Inc., Connorsville, Phoenix Millwork, A Division of Baker Regarding Eligibility to Apply for Indiana, to apply for trade adjustment McMillen Co., Beaumont, TX; Notice of Worker Adjustment Assistance, assistance and alternative trade Termination of Investigation applicable to workers of the subject adjustment assistance. firm. The Department’s determination Further investigation in this case Pursuant to section 221 of the Trade was signed on February 2, 2005 and would serve no purpose. Consequently, Act of 1974, as amended, an published in the Federal Register on the investigation under this petition has investigation was initiated on February March 9, 2005 (70 FR 11703). been terminated. 11, 2005, in response to a petition filed The petitioner asserts that the subject Signed at Washington, DC, this 2nd day of by a state agency representative on March 2005. firm shifted garment production abroad behalf of workers at Phoenix Millwork, Linda G. Poole, and is increasing reliance upon imports. a division of Baker McMillen Co., Certifying Officer, Division of Trade Beaumont, Texas. The Department has carefully Adjustment Assistance. The petitioner has requested that the reviewed the petitioner’s request for [FR Doc. E5–1362 Filed 3–25–05; 8:45 am] petition be withdrawn. Consequently, reconsideration and has determined that BILLING CODE 4510–30–P the investigation has been terminated. the Department will conduct further Signed in Washington, DC, this 8th day of investigation based on new information March, 2005. provided by the petitioner and the DEPARTMENT OF LABOR Richard Church, company official. Certifying Officer, Division of Trade Employment and Training Adjustment Assistance. Conclusion Administration [FR Doc. E5–1351 Filed 3–25–05; 8:45 am] After careful review of the [TA–W–56,623] BILLING CODE 4510–30–P application, I conclude that the claim is of sufficient weight to justify Sussex Zinc Plating, Inc., Sussex, WI; Notice of Termination of Investigation DEPARTMENT OF LABOR reconsideration of the Department of Labor’s prior decision. The application Pursuant to Section 221 of the Trade Employment and Training is, therefore, granted. Act of 1974, an investigation was Administration Signed at Washington, DC, this 15th day of initiated on February 23, 2005 in March 2005. response to a petition filed by a [TA–W–56,649] company official on behalf of workers at Elliott S. Kushner, Sussex Zinc Plating, Inc., Sussex, Seneca Foods Corp., Dayton, WA; Certifying Officer, Division ofTrade Notice of Termination of Investigation Wisconsin. Adjustment Assistance. The petition regarding the Pursuant to section 221 of the Trade [FR Doc. E5–1356 Filed 3–25–05; 8:45 am] investigation has been deemed invalid. Act of 1974, as amended, an BILLING CODE 4510–30–P In order to establish a valid worker investigation was initiated on February group, there must be at least three full- 28, 2005, in response to a worker time workers employed at some point petition filed on behalf of workers at during the period under investigation. Seneca Foods Corp., Dayton, Workers of the group subject to this Washington. investigation did not meet the threshold The petitioner has requested that the or employment. petition be withdrawn. Consequently, Consequently, the investigation has the investigation has been terminated. been terminated.

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Signed in Washington, DC, this 4th day of DEPARTMENT OF LABOR project to encourage the formation of March 2005. long-term contractual and non- Elliott S. Kushner, Employment and Training contractual partnerships with FBCOs Certifying Officer, Division of Trade Administration that meet an unmet community need Adjustment Assistance. [TA–W–56,692] related to hard-to-serve populations [FR Doc. E5–1361 Filed 3–25–05; 8:45 am] (e.g., ex-offenders, limited-English, welfare-to work, etc.). BILLING CODE 4510–30–P Wiremold/Legrand, Brooks Electronics, Philadelphia, PA; Notice of This investment supports and Termination of Investigation complements the President’s High- Growth Job Training Initiative. The DEPARTMENT OF LABOR Pursuant to section 221 of the Trade foundation of this initiative is the Act of 1974, as amended, an Employment and Training creation of partnerships to work investigation was initiated on March 7, Administration collaboratively in the development of 2005, in response to a worker petition solutions to the human resource filed by a company official on behalf of challenges facing our growth industries, [TA–W–56,582] workers at Wiremold/Legrand, Brooks while developing maximum access for Electronics, Philadelphia, Pennsylvania. American workers to gain the TI Automotive, LLC, Normal, IL; Notice The petitioner has requested that the competencies they need to obtain good of Termination of Investigation petition be withdrawn. Consequently, jobs. These partnerships include the further investigation would serve no public workforce system, business and Pursuant to section 221 of the Trade purpose and the investigation has been industry, education and training Act of 1974, as amended, an terminated. providers and economic development investigation was initiated on February principals. ETA is investing in 16, 2005, in response to a petition filed Signed in Washington, DC, this 9th day of March, 2005. demonstration projects in twelve high by a company official on behalf of Elliott S. Kushner, growth/high demand sectors that workers at TI Automotive, LLC, Normal, include advanced manufacturing, Illinois. Certifying Officer, Division of Trade Adjustment Assistance. automotive services, biotechnology, The petitioner has requested that the [FR Doc. E5–1354 Filed 3–25–05; 8:45 am] construction, energy, financial services, geospatial technology, healthcare, petition be withdrawn. Consequently, BILLING CODE 4510–30–P the investigation has been terminated. hospitality, information technology (IT) & IT business-related services, retail, Signed in Washington, DC this 9th day of DEPARTMENT OF LABOR and transportation. This solicitation is March, 2005. designed to extend the partnership Elliott S. Kushner Employment and Training invitation to FBCOs through the direct Certifying Officer, Division of Trade Administration involvement of our nation’s Workforce Adjustment Assistance. Investment Boards. [FR Doc. E5–1352 Filed 3–25–05; 8:45 am] Workforce Investment Act—Grants for This grant also complements ETA’s BILLING CODE 4510–30–P Workforce Investment Boards ongoing sectoral employment research and evaluations—i.e., identifying Announcement Type: New: Notice of workforce needs and opportunities solicitation for grant applications. DEPARTMENT OF LABOR within a local or regional industry or Funding Opportunity Number: SGA/ cross-industry occupational group while DFA PY 04–04. Employment and Training retaining a focus on economic Catalog of Federal Domestic Administration performance and competitiveness. Assistance (CFDA) Number: 17.257. FBCOs can discharge a significant Key Dates: Deadline for Application community role in assisting Boards by [TA–W–56,392] Receipt: May 4, 2005. bringing new entrants to the job market SUMMARY: The U.S. Department of Labor Weyerhaeuser, Sweet Home, OR; that can be trained and equipped to (USDOL), Employment and Training Notice of Termination of Investigation meet emerging and evolving industry Administration (ETA), announces the needs. Each applicant Board will availability up to $5 million for grants Pursuant to section 221 of the Trade identify up to three businesses or to eligible Workforce Investment Boards Act of 1974, as amended, an industry sectors to collaborate with the (WIBs) that have demonstrated investigation was initiated on January Board and FBCOs within the local One- successfully the ability to form working Stop system to provide jobs for qualified 25, 2005, in response to a worker partnerships with grassroots faith-based employees from the identified petition filed by a company official on and community organizations (FBCOs). geographic areas. behalf of workers at Weyerhaeuser, Grassroots FBCOs may include faith- DATES: The closing date for receipt of Sweet Home, Oregon. based and community organizations, applications under this announcement The petitioner has requested that the minority-led or immigrant-led non- is May 4, 2005. Applications must be petition be withdrawn. Consequently, profit or community development received at the address below no later the investigation has been terminated. organizations and/or other small non- than 5 p.m. (eastern time). Application profit organizations. Signed in Washington, DC, this 11th day of and submission information is This grant will build upon successful March, 2005. explained in detail in section IV of this ETA grants from program years (PY) SGA. Elliott S. Kushner, 2001 to 2004 that focused on the use of Authorities: These grants are made Certifying Officer, Division of Trade intermediaries and WIBs to build under the following authorities: Adjustment Assistance. partnerships between FBCOs and local • The Workforce Investment Act of [FR Doc. E5–1348 Filed 3–25–05; 8:45 am] One-Stop systems. The WIB will 1998 (WIA or the Act) (Pub. L. 105–220, BILLING CODE 4510–30–P develop and implement an 18-month 29 U.S.C. 2801 et seq.)

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• The WIA Final Rule, 20 CFR parts Challenges of Universal Access Through area(s)/census tract(s) to serve, 652, 660–671 (65 FR 49294) (August 11, Faith-Based and Community demonstrate that area’s need, conduct 2000); Partnerships, which highlights outreach and create/maintain a resource • Executive Order 13198; ‘‘Rallying strategies by 2002 state and directory of grassroots FBCOs in the Armies of Compassion’’ intermediary grantees to help job targeted area (this may involve • Training and Employment seekers access services through increasing existing resource directory), Guidance Letter 17–01 (‘‘Incorporating grassroots FBCO’s. CFBCI also has and subaward 70 percent of the funding and Utilizing Grassroots, Community- created Empowering New Partnerships: to grassroots, non-profit FBCOs. Based Organizations Including Faith- Faith-Based and Community Initiatives Through this grant investment of $5 Based Organizations in Workforce in the Workforce System, which million, the Department intends to help Investment Activities and Programs’’) provides an overview of basic strategies approximately 2,000 people obtain or • Executive Order 13279; ‘‘Equal for engaging grassroots organizations in advance in employment. Protection of the Laws for Faith-Based the workforce system. and Community Organizations.’’ Through TLC–TAP, CFBCI and ETA II. Award Information SUPPLEMENTARY INFORMATION: are creating a peer-to-peer learning 1. Funding Availability and Period of network, publishing tool kits and other I. Funding Opportunity Description Performance resource materials, and hosting national 1. Overview of ETA and CFBCI conference calls on topics related to the ETA has identified $5 million from Initiatives initiative. For more resources, please the FY 2005 appropriation for One Stop/ visit the CFBCI Web site, http:// America’s Labor Market Information DOL CFBCI works to remove System. ETA expects to award administrative and regulatory barriers www.dol.gov/cfbci as well as the TLC– TAP Web site, http://www.dol-tlc.org. approximately 10 to 20 grants based on that would prevent FBCOs from the rating of applications and other competing equally for federal dollars. In 2. Project Objectives factors, which may include urban/rural addition, CFBCI develops innovative The grantee(s) will implement, in and geographical balance. The grant programs to foster partnerships between partnership with USDOL, a project that amount for each WIB is expected to DOL-funded programs and FBCOs. will: range between $300,000 and $500,000. CFBCI educates organizations about • Serve a targeted area(s)/census The period of performance will be 18 local opportunities to collaborate with tract(s) that has a high poverty rate. The months from the date of execution by the workforce development system and grantee may focus on a specific the Department. about opportunities to participate in population within that area (e.g. ex- national grant programs. CFBCI also 2. Anticipated Announcement and offenders, youth, people with Award Dates works with local government officials disabilities, people who are victims of and administrators to integrate FBCOs violent and domestic crime, people with Announcement of this award is into the strategic planning and service limited English proficiency, homeless expected to occur by July 1, 2005. delivery processes of local Workforce veterans, etc.); III. Eligibility Information Investment Boards. • Serve targeted industries and Since 2001, CFBCI has worked with employers by helping them find 1. Eligible Applicants ETA to provide $29.6 million in grants employees in the targeted area(s) or to assist states, intermediary Workforce Investment Boards (WIB) increase wages and job responsibilities from all geographic areas are eligible to organizations, workforce investment for employees from the targeted area(s); boards, and grassroots groups in • apply for these funds including: Build relationships among the One- • creating partnerships between FBCOs Stop Career Center staff, WIB, The state Workforce Investment and the One-Stop Career Center System. businesses, and grassroots FBCOs Board (in states that contain only one In addition to grants, CFBCI has within the targeted area and community WIB); • undertaken technical assistance at large in order to increase referrals and A local Workforce Investment activities that are designed to help the effectiveness of referrals among Board; or • FBCOs access and partner with the $15 organizations; Consortia of local (including rural) billion state and local workforce • Help targeted individuals prepare Workforce Investment Boards. development system. Begun in for, sustain or advance in employment 2. Cost Sharing or Matching Memphis, Tennessee, and Milwaukee, by funding grassroots FBCOs in the Wisconsin, the Touching Lives and targeted area(s) and increasing their This solicitation does not require Communities Pilot Program provided collaboration with the One-Stop Career grantees to share costs or provide in-depth technical assistance to local Center system; matching funds. alliances of FBCOs, elected officials and • Build the performance and 3. Other Eligibility Requirements workforce development boards to administrative capabilities of FBCOs to remove barriers and foster partnerships deliver programs, administer funding, Veterans Priority: In addition, this at the local level. The report on this collect performance data, and identify program is subject to the provisions of effort, Experiences from the Field: potential One-Stop Career Center the ‘‘Jobs for Veterans Act’’, Pub. L. Fostering Workforce Development contracting opportunities; and 107–288, which provides priority of Partnerships with Faith-Based and • Measurably increase the services to veterans and in some cases Community Organizations, serves as the performance of One-Stop Career Centers their spouses in all Department of Labor basis for a nation-wide effort to with the targeted population through funded job training programs. Please encourage partnerships between FBCOs developing sustainable relationships note that, to obtain priority of service, and Workforce Investment Boards called with FBCOs. a veteran or spouse must meet the the Touching Lives and Communities In order to accomplish this, WIBs program’s eligibility requirements. The Technical Assistance Program (TLC– must obtain commitments from up to directive providing policy guidance on TAP). Additionally, CFBCI produced three businesses/business associations, veterans’ priority is available at Bridging the Gap: Meeting the use statistical data to identify a specific http://www.doleta.gov/programs/VETs/.

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IV. Application and Submission • A timeline for the tasks and than 5 p.m. at the place of mailing or Information activities beginning July 1, 2005. electronic submission one working day The attachments will not count prior to the date specified for receipt of 1. Address To Request Application against the allowable maximum page applications. It is highly recommended Package totals. No cost data or reference to prices that online submissions be completed This SGA contains all of the should be included in the Technical one working day prior to the date information and forms needed to apply Proposal. specified for receipt of applications to for grant funding. 3. Submission Dates and Times ensure that the applicant still has the option to submit by U.S. Postal Service 2. Content and Form of Application The closing date for receipt of Express Mail in the event of any Submission applications under this announcement electronic submission problems. ‘‘Post Applicants must submit an original is May 4, 2005. Applications must be marked’’ means a printed, stamped or signed application and three hard received at the address below no later otherwise placed impression (exclusive copies. The proposal consists of two (2) than 5 p.m. (eastern time). Applications of a postage meter machine impression) separate and distinct parts, Part I and II. sent by e-mail, telegram, or facsimile that is readily identifiable, without Both parts must be included in a (fax) will not be accepted. Applications further action, as having been supplied complete application. Applications that that do not meet the conditions set forth or affixed on the date of mailing by an fail to adhere to the instructions in this in this notice will not be honored. No employee of the U.S. Postal Service. section will be considered non- exceptions to the mailing and delivery Therefore, applicants should request the responsive and will not be considered. requirements set forth in this notice will postal clerk to place a legible hand Part I of the proposal is the Financial be granted. cancellation ‘‘bull’s eye’’ postmark on Mailed applications must be Proposal and must include the both the receipt and the package. addressed to the U.S. Department of following two items: Failure to adhere to the above Labor, Employment and Training • instructions will be a basis for a The Standard Form (SF) 424, Administration, Division of Federal ‘‘Application for Federal Assistance’’ Assistance, Attention: Eric Luetkenhaus, determination of nonresponsiveness. (Appendix A) (available at http:// Reference SGA/DFA PY04–04, 200 4. Funding Restrictions www.whitehouse.gov/omb/grants/ Constitution Avenue, NW., Room N– The WIB must award at least 70 sf424.pdf.) Upon confirmation of an 4438, Washington, DC 20210. percent of the funding through award, the individual signing the SF– Applicants are advised that mail 424 on behalf of the applicant shall delivery in the Washington area may be subawards to eligible grassroots FBCOs. represent the responsible entity. All delayed due to mail decontamination For purposes of this announcement, applications for Federal grant and procedures. Hand delivered proposals eligible grassroots FBCOs must be non- funding opportunities are required to profits, which: will be received at the above address. • have a Dun and Bradstreet (DUNS) All overnight mail will be considered to Have social services as a major part number. See OMB Notice of Final Policy be hand-delivered and must be received of their mission; • Issuance, 68 FR 38402 (June 27, 2003). at the designated place by the specified Are headquartered in the local Applicants must supply their DUNS closing date. community to which they provide these number in item #5 of the SF–424 (Rev. Applicants may apply online at services; 9–2003). The DUNS number is easy to http://www.grants.gov. Any application • (a) have a social services budget of obtain and there is no charge. To obtain received after the deadline will not be $350,000 or less, or (b) have six or fewer a DUNS number, access http:// accepted. For applicants submitting full-time equivalent employees. www.dunandbradstreet.com or call 1– electronic applications via Grants.gov, it With its remaining 30 percent of grant 866–705–5711. is strongly recommended that you funds, the WIB may choose also to • The Budget Information Form SF immediately initiate and complete the contract with a non-profit intermediary 424A (Appendix B) (available ‘‘Get Started’’ steps to register with organization or hire staff members from at http://www.whitehouse.gov/omb/ Grants.gov at http://www.grants.gov/ the targeted community who will be grants/sf424a.pdf.) In addition to GetStarted. These steps will probably able to help the WIB conduct outreach preparing the Budget Information form, take multiple days to complete which to grassroots organizations and provide the applicant must provide a concise should be factored into your plans for technical assistance to the subawardees. narrative explanation to support the electronic application submission in Neutral, non-religious criteria that request. order to avoid facing unexpected delays neither favor nor disfavor religion will Part II of the application is the that could result in the rejection of your be employed in the selection of grant Technical Proposal, which demonstrates application. recipients and must be employed by the applicant’s capabilities to plan and Late Applications: Any application grantees in the selection of sub- implement a demonstration project in received after the exact date and time recipients. accordance with the provisions of this specified for receipt at the office Additionally, the government is solicitation. The Technical Proposal is designated in this notice will not be prohibited from providing direct limited to ten (10) double-spaced single- considered, unless it is received before financial assistance for inherently sided, 8.5 inch x 11 inch pages with 12 awards are made and it (a) was sent by religious activity*. Therefore, as a point text font and one-inch margins. U.S. Postal Service registered or general rule, subawards may not be used The only attachments permitted will certified mail not later than the fifth for religious instruction, worship, be the following. calendar day before the date specified prayer, proselytizing or other inherently • Commitments from the identified for receipt of applications (e.g., an religious activities and participation in businesses or business associations. application required to be received by such activities must be voluntary. (If, • A letter of endorsement from the the 20th of the month must be post however, an organization receives state workforce agency and from an marked by the 15th of that month) or (b) financial assistance as a result of the elected official who has appointment was sent by U.S. Postal Service Express choice of a beneficiary, such as through authority for the WIB. Mail or Online to addressee not later a voucher, the organization may

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integrate religion throughout its Limited English Proficiency, homeless be used for training individuals for the program.) veterans and other hard-to-serve specified businesses/occupations. • *In this context, the term financial populations. Describe how responsibilities for assistance that is provided directly by a The WIB must award at least 70 grant program will be structured government entity or an intermediate percent of total funds through including responsibilities of WIB staff, organization, as opposed to financial subawards to grassroots FBCOs that can One-Stop Career Center staff and new assistance that an organization receives as the help the WIB meet the unmet hires from the intermediary organization result of the genuine and independent community need. The WIB may work or representatives from the targeted private choice of a beneficiary. In other with non-profit intermediary community. Include a description of contexts, the term ‘direct’ financial assistance organizations and/or hire staff that has who will be responsible for providing may be used to refer to financial assistance strong relationships with grassroots technical assistance to the subawardees that an organization receives directly from FBCOs from the remaining 30 percent of the Federal government (also known as and who will be responsible for ‘‘discretionary’’ assistance), as opposed to its grant funds. The proposal’s narrative maintaining relationships with the must demonstrate the following. subawardees. assistance that it receives from a State or • Local government (also known as ‘‘indirect’’ Define target area(s) (census tract(s)) • Submit a timeline for the tasks and or ‘‘block’’ grant assistance). The term and explain why this area needs the activities beginning July 1, 2005. ‘‘direct’’ has the former meaning throughout services provided through the grant. Scoring of this criterion will be based this SGA. • Describe strategy for conducting on the following. outreach to FBCOs and documenting • Administrative Costs. The primary The applicant has clearly defined existing FBCO programs, key use of the grant funds should be used to an area(s) and demonstrated the need of organizations, and services in the support the actual project. Therefore, targeted populations/ in targeted area. (5 identified area(s) that help hard-to-serve applicants receiving grant funds under Points) individuals prepare for and sustain • this solicitation may not use more than The businesses engaged through employment. Include plans for creating 10 percent of the amount of the grant for this grant will provide career ladders for a resource directory and/or maintaining administrative costs associated with the individuals to be served and the letters non-financial partnerships non- project. Administrative costs are defined of commitment are attached. (5 Points) subawardee FBCOs. If applicable, • The applicant has demonstrated at 20 CFR 667.220. include how your WIB will work with that the WIB/One-Stop Career Center 5. Other Submission Requirements intermediary organizations that have will create effective partnerships with Withdrawal of Applications. existing networks of grassroots FBCOs FBCOs in targeted areas. The applicant and/or how the WIB will hire staff Applications may be withdrawn by has demonstrated that it will effectively familiar with that neighborhood. written notice or telegram (including conduct outreach, build relationships, • Identify up to three businesses or mailgram) received at any time before collect performance data, and provide business sectors to collaborate with the technical assistance to both funded and an award is made. Applications may be WIB, One-Stop Career Center System, withdrawn in person by the applicant or non-funded grassroots organizations, FBCOs, and other partners; provide jobs including faith-based organizations, by an authorized representative thereof, with long-term career opportunities; and if the representative’s identify is made congregations, minority or immigrant- hire qualified employees from the led community development known and the representative signs a identified disadvantaged area(s). The receipt for the proposal. organizations, and other non-profits. To proposal must include letters of receive any of the points for this part of V. Application Review Information commitment from those businesses as the criterion, an applicant must attachments. Businesses may include 1. Rating Criteria demonstrate that 70 percent of its grant corporations or small-medium sized award will be used for subawards to This section identifies what should be businesses, which are independently grassroots FBCOs. (25 Points) included in the technical proposal owned and operated and not dominant • The methodology for subawards is narrative and describes the criteria that in their field of operation. achievable within the first two quarters • will be used to evaluate the proposals. Describe the methodology to be of the grant. (5 Points) used for competitively selecting • A. Technical Approach (Description of The timeline and narrative grassroots FBCO subawardees within the Proposed Plan and Activities of WIB demonstrate that the service delivery the first two quarters of the grant period. and Its Subawardees)—50 Points strategy (services being subawarded) Include plans for how the WIB will train and relationships between the FBCOs This section of the narrative provides those eligible organizations to apply for and the Workforce system is an the applicant’s strategy for creating new a subaward and ensure that those appropriate and achievable way to sustainable, financial and non-financial organizations understand the transition people from the targeted relationships with grassroots FBCOs and Establishment clause and other area(s) into employment. (10 Points) other partners that help individuals in guidelines for using federal dollars and targeted area(s) transition to industries/ implementing programs. B. Past Performance—10 Points careers that are in demand locally and • Describe the resources and services This section of the narrative must can offer strong career opportunities. the WIB will solicit from the describe how the WIB has demonstrated This section of the narrative must subawardees to help individuals successfully in the past and the ability describe the specific needs of the prepare for, enter, and advance in to form working partnerships with population in the targeted area(s) that employment. Resources and services FBCOs and other partners. The narrative the WIB and grassroots FBCO can include satellite One-Stop locations must include the following. partnerships will address. This in the FBCO facility, life skills, • Describe any current relationships, population may include: low-income mentoring, adult literacy, employability formal (through MOUs) and informal, working individuals, individuals skill training, on-the-job training, with FBCOs. Describe interactions with transitioning from public assistance, incumbent worker training, and FBCOs both in terms of financial individuals with disabilities, victims of customized training. Description may (training and placement) and non- crime, ex-offenders, individuals with include if applicable how the FBCO will financial (shared spaces and referrals).

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• Describe relevant history of the WIB the targeted community and seems to be success, and effectively track and report in working with small organizations. grounded in a long-term commitment by outputs, outcomes and demographics is Include past experience in developing the WIB to build relationships with achievable and measurable. (12 Points) technical assistance and developing FBCOs. (6 Points) 2. Review and Selection Process other organizations’ capabilities for D. Evaluation and Technical A technical review panel will make a social service delivery, competing for Assistance—30 Points grants, managing grants, and conducting careful evaluation of applications information campaigns. The narrative must define specifically against the rating criteria. The review • Identify any current barriers that how the WIB will determine the grant’s panel recommendations are advisory. exist that have prevented financial success based on USDOL guidelines. The ETA Grant Officer will fully partnerships and non-financial The narrative must include how the consider the panel recommendations partnership between grassroots FBCOs WIB plans to contribute proportionately and take into account geographic in targeted area and the One-Stop to the broad goals of the grant balance to ensure the most system or the Workforce Investment investment of helping 2,000 individuals advantageous award of these funds to Board. Please describe what actions will obtain or advance employment accomplish the system-building be taken to address or remove those (approximately 200 individuals per purposes outlined in this SGA. The barriers in order to allow for sustainable WIB). The narrative must include the grant officer may consider any partnerships. In the program plan, following. information that comes to his or her • describe the strategy for including Define the measurable outcomes attention. The grant officer reserves the FBCOs in leadership and strategic and other goals for both the WIB and its right to award without negotiations. planning roles in the WIB during and subawardees in executing the proposed Should a grant be awarded without after the life of the grant. tasks and activities. In addition to any negotiations, the award will be based on • Describe the recent history of the goals the WIB defines, the WIB must the applicant’s signature which WIB in working with specific businesses include goals for how many individuals constitutes a binding offer. will be served; how many will enter or business sectors to provide VI. Award Administration Information employment opportunities for qualified employment; be retained over a six individuals. month period; and have an increase in 1. Award Notices Scoring of this criterion will be based wages through this grant investment. All award notifications will be posted on the following. WIB is free to develop additional goals on the USDOL–ETA homepage at • The Department will evaluate the as appropriate to the project. http://www.doleta.gov narrative based upon the WIB’s ability • Describe the methodology for how to identify and plan to address barriers the WIB will train the subawardees to 2. Administrative and National Policy to partnership as well as the record of track and report outputs, outcomes and Requirements achievement/commitment in bridging demographics for those assisted under All grantees, including faith-based any gaps with non-traditional grassroots the subawards and what responsibilities organizations will be subject to all partners independent of grant money. for tracking will be shared by the One- applicable Federal laws (including (10 Points) Stop Career Centers. provisions in appropriations law), • Define how the WIB will provide regulations, and the applicable Office of C. Sustainability—10 Points technical assistance and demonstrate Management and Budget (OMB) The narrative must describe how the how it will determine its overall success Circulars. The applicants selected under WIB will address issues of sustainability in improving the posture of the the SGA will be subject to the following past the life of the DOL grant. subawardees in increasing their administrative standards and • Describe how the project will be performance and administrative provisions, if applicable. integrated with other WIB initiatives capabilities to remain active in local a. Workforce Investment Boards—20 and how the WIB will demonstrate workforce development and compete for Code of Federal Regulations (CFR) Part plans for sustainability after the DOL future funding opportunities. 667.220 (Administrative Costs). funding ends. Description can include Scoring of this criterion will be based b. Non-Profit Organizations—Office of commitments of other resources either on the following. Management and Budget (OMB) • within the WIB (e.g., through training The number of individuals the WIB Circulars A–122 (Cost Principles) and dollars, WIB staff committed to the plans to serve is appropriate and 29 CFR Part 95 (Administrative project, in-kind support, outreach plans, achievable within the grant period and Requirements). surplus computer hardware and represents an effective use of this c. Educational Institutions—OMB software, etc.) or through an outside financial investment. The narrative Circulars A–21 (Cost Principles) and 29 source (e.g., private partners, describes how the WIB’s efforts will CFR Part 95 (Administrative foundation, etc). contribute to the overall goal of helping Requirements). • Describe efforts, if any, to encourage 2,000 individuals obtain or advance in d. State and Local Governments— the leveraging of state funds to support employment through this investment. OMB Circulars A–87 (Cost Principles) the project. The number the WIB is transitioning/ and 29 CFR Part 97 (Administrative • Describe, if any, WIB plans to helping advance into employment Requirements). supplement this grant funding with should be proportional to the amount of e. Profit Making Commercial Firms— funds from other grant allocations. money requested. (10 Points) Federal Acquisition Regulation (FAR)— Scoring of this criterion will be based • The WIB’s ability to demonstrate 48 CFR Part 31 (Cost Principles), and 29 on the following. that its technical assistance will ensure CFR Part 95 (Administrative • Based on the level of current that the subawardees have an increased Requirements). commitments to FBCOs or FBCO-related performance, administrative capacity f. All entities must comply with 29 projects. (4 Points) and ability to compete for additional CFR Parts 93 and 98, and, where • The ability for the applicant to funding opportunities. (8 Points). applicable, 29 CFR Parts 96 and 99. demonstrate that the project has the • The methodology for working with g. In accordance with Section 18 of potential to have a long-term impact on the subawardees to ensure program the Lobbying Disclosure Act of 1995,

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Pub. L. 104–65 (2 U.S.C. 1611) non- • The number of One-Stop Career may be of assistance to applicants. The profit entities incorporated under Center clients referred to the Web page for the Department’s Center Internal Revenue Code section 501(c)(4) subawardee. for Faith-Based & Community Initiatives that engage in lobbying activities will • Number of subawardee participants (http://www.dol.gov/cfbci) is a valuable not be eligible for the receipt of Federal referred to the One-Stop. source of background on this initiative. • funds and grants. The total number of volunteer hours Training and Employment Notice Note: Except as specifically provided in committed to the grant program. (T.E.N.) 15–03 (wdr.doleta.gov/ • Number of participants placed in this Notice, USDOL–ETA’s acceptance of a directives/attach/TEN15–03.html) post-secondary education or advanced proposal and an award of Federal funds to includes information about promising training. sponsor any program(s) does not provide a practices for engaging faith-based and waiver of any grant requirements and/or • Number of participants placed in a procedures. For example, the OMB Circulars job. community organizations in the require that an entity’s procurement • Average hourly wages at the time of workforce system based on successful procedures must ensure that all procurement job placement. grantees from PY 2002. America’s transactions are conducted, as much as • Of the participants placed in a job Service Locator (http:// practical, to provide open and free since the beginning of the grant, how www.servicelocator.org) provides a competition. If a proposal identifies a directory of our nation’s One-Stop specific entity to provide services, the many were continuously employed for 6 USDOL–ETA’s award does not provide the months. Career Centers. The DOL Employment justification or basis to sole-source the • Of the participants placed in a job and Training Administration has a Web procurement, i.e., avoid competition, unless since the beginning of the grant, how page (http://www.doleta.gov/regions), the activity is regarded as the primary work many were re-employed in the last 6 which contains contact information for of an official partner to the application. months. the State and local Workforce • List other goals submitted with the Investment boards. Applicants are 3. Reporting Requirements grant application or additional goals encouraged to review ‘‘Understanding The grantee is required to provide the developed for the program. • the Department of Labor Solicitation for reports and documents listed below: List demographic Information. Grant Applications and How to Write an Quarterly Financial Reports. A VII. Agency Contacts Effective Proposal’’ (www/dol.gov/cfbci/ Quarterly Financial Status Report (SF– Any questions regarding this SGA sgabrochure.htm). For a basic 269) is required until such time as all understanding of the grants process and funds have been expended or the period should be faxed to Eric Luetkenhaus, basic responsibilities of receiving of availability has expired. Quarterly Grant Officer, Division of Federal Federal grant support, please see reports are due 30 days after the end of Assistance, fax number (202) 693–2705. each calendar year quarter. Grantee (This is not a toll-free number.) You ‘‘Guidance for Faith-Based and must use ETA’s On-line Electronic must specifically address your fax to the Community Organizations on Partnering Reporting System. attention of Eric Luetkenhaus and with the Federal Government’’ (http:// Progress Reports. The grantee must should include SGA/DFA PY–04–04, a www.fbci.gov). submit a quarterly financial and contact name, fax and phone number. Signed at Washington, DC, this 22nd day narrative progress report to the Federal FOR FURTHER INFORMATION CONTACT: Eric of March, 2005. Project Officer within 30 days following Luetkenhaus, Grant Officer, Division of Eric D. Luetkenhaus, each quarter. Copies are to be submitted Federal Assistance, on (202) 693–3109. electronically providing a detailed Grant Officer, Employment and Training (This is not a toll-free number.) This Administration. account of activities undertaken during announcement is also being made that quarter. Reports must include the available on the USDOL–ETA Web site Appendix A: SF–424 Application for following information for the WIB and at http://www.doleta.gov/sga/sga.cfm Federal Assistance their subawardees. and http://www.grants.gov. Appendix B: SF–424A Budget Information • The number of participants served Form per quarter (new and active), noting the VIII. Other Information Appendix C: OMB Survey N. 1890–0014: specific services the grantee is providing The Department of Labor maintains a Survey on Ensuring Equal in this project. number of Web-based resources that Opportunity for Applicants

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[FR Doc. 05–6022 Filed 3–25–05; 8:45 am] BILLING CODE 4510–30–P

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MARINE MAMMAL COMMISSION Management and Mitigation; (3) draft 5. The number of annual respondents: reports and recommendations from .33 (1 respondent every 3 years). Committee Management; Notice of working groups on animal welfare 6. The number of hours needed Public Meeting; Advisory Committee ethics and research ethics issues; (4) annually to complete the requirement or on Acoustic Impacts on Marine criteria for developing research request: 8,711. Mammals priorities; (5) the development of a 7. Abstract: 10 CFR part 100, ‘‘Reactor report chapter on international efforts to Site Criteria,’’ establishes approval AGENCY: Marine Mammal Commission. reduce the impacts of anthropogenic requirements for proposed sites for the ACTION: Notice of advisory committee sound on marine mammals; (6) the purpose of constructing and operating meeting. development of the structure and stationary power and testing reactors pursuant to the provisions of 10 CFR SUMMARY: The Marine Mammal content of the Advisory Committee’s parts 50 or 52. These reactors are Commission (Commission) will hold the final report, including required to be sited, designed, fifth meeting of its Advisory Committee recommendations; and (7) the process constructed, and maintained to on Acoustic Impacts on Marine for endorsement of the final report. The withstand geologic hazards, such as Mammals (Committee) 19 to 21 April, agenda also includes two public faulting, seismic hazards, and the 2005 in Silver Spring, Maryland. comment sessions. Guidelines for making public comments, background maximum credible earthquake, to DATES: The Committee will meet documents, and the meeting agenda, protect the health and safety of the Tuesday, April 19, 2005, from 9 a.m. to including the specific times of public public and the environment. Non- 6 p.m.; Wednesday, April 20, from 8:30 comment periods, will be posted on the seismic siting criteria must also be a.m. to 5:15 p.m.; and Thursday, April Commission’s Web site prior to the evaluated. Non-seismic siting criteria 21, from 8:30 a.m. to 5 p.m. This meeting. Written comments may be include such factors as population meeting is open to the public. These submitted at the meeting. density, the proximity of man-related times and the agenda topics described hazards, and site atmospheric Dated: March 23, 2004. below are subject to change. Please refer dispersion characteristics. NRC uses the to the Commission’s Web site David Cottingham, information required by 10 CFR part 100 (www.mmc.gov) for the most up-to-date Executive Director. to evaluate whether natural phenomena meeting information. The Committee’s [FR Doc. 05–6053 Filed 3–25–05; 8:45 am] and potential man-made hazards will be sixth public meeting is tentatively BILLING CODE 6820–31–M appropriately accounted for in the scheduled for 19–21 July 2005 in the design of nuclear power and test Washington, DC metropolitan area. reactors. Further information on that meeting NUCLEAR REGULATORY Submit, by May 27, 2005, comments will be published in the Federal COMMISSION that address the following questions: Register and posted on the 1. Is the proposed collection of Commission’s Web site. Agency Information Collection information necessary for the NRC to ADDRESSES: The 19–21 April meeting Activities: Proposed Collection; properly perform its functions? Does the will be held at the Hilton Washington Comment Request information have practical utility? 2. Is the burden estimate accurate? DC/Silver Spring Hotel, 8727 Colesville AGENCY: U.S. Nuclear Regulatory 3. Is there a way to enhance the Road, Silver Spring, Maryland 20910, Commission (NRC). phone 301–589–5200, fax 301–588– quality, utility, and clarity of the ACTION: Notice of pending NRC action to 1841, http:// information to be collected? submit an information collection www.silverspring.hilton.com. 4. How can the burden of the request to OMB and solicitation of information collection be minimized, FOR FURTHER INFORMATION CONTACT: Erin public comment. including the use of automated Vos, Sound Project Manager, Marine collection techniques or other forms of Mammal Commission, 4340 East-West SUMMARY: The NRC is preparing a submittal to OMB for review of information technology? Hwy., Rm. 905, Bethesda, MD 20814, e- A copy of the draft supporting continued approval of information mail: [email protected], tel.: 301–504– statement may be viewed free of charge collections under the provisions of the 0087, fax: 301–504–0099; or visit the at the NRC Public Document Room, One Paperwork Reduction Act of 1995 (44 Commission’s Web site at http:// White Flint North, 11555 Rockville www.mmc.gov. U.S.C. Chapter 35). Information pertaining to the Pike, Room O–1 F21, Rockville, MD SUPPLEMENTARY INFORMATION: This requirement to be submitted: 20852. OMB clearance requests are meeting is to be held pursuant to the 1. The title of the information available at the NRC worldwide Web directive in the Omnibus collection: 10 CFR part 100, ‘‘Reactor site: http://www.nrc.gov/public-involve/ Appropriations Act of 2003 (Pub. L. Site Criteria.’’ doc-comment/omb/index.html. The 108–7) that the Commission convene a 2. Current OMB approval number: document will be available on the NRC conference or series of conferences to 3150–0093. home page site for 60 days after the ‘‘share findings, survey acoustic ‘threats’ 3. How often the collection is signature date of this notice. to marine mammals, and develop means required: As necessary in order for NRC Comments and questions about the of reducing those threats while to assess the adequacy of proposed information collection requirements maintaining the oceans as a global seismic design bases and the design may be directed to the NRC Clearance highway of international commerce.’’ bases for other geological hazards for Officer, Brenda Jo. Shelton (T–5 F53), The meeting agenda includes nuclear power and test reactors U.S. Nuclear Regulatory Commission, presentations and discussions related to constructed and licensed in accordance Washington, DC 20555–0001, by (1) The final draft report of the with 10 CFR parts 50 and 52 and the telephone at 301–415–7233, or by Subcommittee on Synthesis of Current Atomic Energy Act of 1954, as amended. Internet electronic mail to Knowledge and the development of 4. Who is required or asked to report: [email protected]. research recommendations; (2) a draft Applicants and licensees for nuclear Dated in Rockville, Maryland, this 22nd report from the Subcommittee on power and test reactors. day of March, 2005.

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For the Nuclear Regulatory Commission. investment objectives, risks, charges and The Commission estimates that Brenda Jo. Shelton, expenses, and other information 56,936 responses are filed annually NRC Clearance Officer, Office of Information described in the fund’s prospectus or pursuant to rule 482 by 4,384 Services. accompanying profile (if applicable), investment companies offering 37,500 [FR Doc. E5–1344 Filed 3–25–05; 8:45 am] and highlighting the availability of the portfolios. Respondents consist of all BILLING CODE 7590–01–P fund’s prospectus. In addition, rule 482 the investment companies that take advertisements that include advantage of the safe harbor offered by performance data of open-end funds or the rule for their advertisements. The SECURITIES AND EXCHANGE insurance company separate accounts burden associated with rule 482 is COMMISSION offering variable annuity contracts are presently estimated to be 5.16 hours per required to include certain standardized response. The hourly burden is Proposed Collection; Comment performance information, information therefore approximately 293,790 hours Request about any sales loads or other (56,936 responses times 5.16 hours per nonrecurring fees, and a legend warning response). Upon Written Request, Copies Available that past performance does not From: Securities and Exchange guarantee future results. Such funds The estimate of average burden hours Commission, Office of Filings and including performance information in is made solely for the purposes of the Information Services, Washington, DC rule 482 advertisements are also Paperwork Reduction Act, and is not 20549. required to make available to investors derived from a comprehensive or even Extension: Rule 482, SEC File No. 270–508, month-end performance figures via Web a representative survey or study of the OMB Control No. 3235–0565. site disclosure or by a toll-free costs of Commission rules and forms. Notice is hereby given that pursuant telephone number, and to disclose the Cost burden is the cost of services to the Paperwork Reduction Act of 1995 availability of the month-end purchased to comply with rule 482, (44 U.S.C. 3501 et seq.) the Securities performance data in the advertisement. such as for the services of computer The rule also sets forth requirements and Exchange Commission (the programmers, outside counsel, financial regarding the prominence of certain ‘‘Commission’’) is soliciting comments printers, and advertising agencies. The on the collection of information disclosures, requirements regarding Commission attributes no cost burden to summarized below. The Commission advertisements that make tax rule 482. plans to submit this existing collection representations, requirements regarding of information to the Office of advertisements used prior to the Written comments are invited on: (a) Management and Budget (‘‘OMB’’) for effectiveness of the fund’s registration Whether the proposed collection of extension and approval. statement, requirements regarding the information is necessary for the proper Like most issuers of securities, when timeliness of performance data, and performance of the functions of the an investment company 1 (‘‘fund’’) offers certain required disclosures by money agency, including whether the its shares to the public, its promotional market funds. information will have practical utility; efforts become subject to the advertising Rule 482 advertisements must be filed (b) the accuracy of the agency’s estimate restrictions of the Securities Act of with the Commission or, in the of the burden of the collection of 1933, as amended (the ‘‘Securities alternative, with NASD Regulation, Inc. information; (c) ways to enhance the Act’’). In recognition of the particular (‘‘NASDR’’).3 This information quality, utility, and clarity of the problems faced by funds that collection differs from many other information collected; and (d) ways to continually offer securities and wish to federal information collections that are minimize the burden of the collection of advertise their securities, the primarily for the use and benefit of the information on respondents, including Commission has previously adopted collecting agency. through the use of automated collection advertising safe harbor rules. The most As discussed above, rule 482 contains techniques or other forms of information important of these is rule 482 under the requirements that are intended to technology. Consideration will be given Securities Act, which, under certain encourage the provision to investors of to comments and suggestions submitted circumstances, permits funds to information that is balanced and in writing within 60 days of this advertise investment performance data, informative, particularly in the area of publication. as well as other information. Rule 482 investment performance. The advertisements are deemed to be Commission is concerned that in the Please direct your written comments ‘‘prospectuses’’ under section 10(b) of absence of such provisions fund to R. Corey Booth, Director/Chief the Securities Act.2 investors may be misled by deceptive Information Officer, Office of Rule 482 contains certain rule 482 performance advertisements Information Technology, Securities and requirements regarding the disclosure and may rely on less-than-adequate Exchange Commission, 450 5th Street, that funds are required to provide in information when determining in which NW., Washington, DC 20549. qualifying advertisements. These funds they should invest their money. Dated: March 22, 2005. requirements are intended to encourage As a result, the Commission believes it the provision to investors of information is beneficial for funds to provide Margaret H. McFarland, that is balanced and informative, investors with balanced information in Deputy Secretary. particularly in the area of investment fund advertisements in order to allow [FR Doc. E5–1366 Filed 3–25–05; 8:45 am] performance. For example, a fund is investors to make better-informed BILLING CODE 8010–01–P required to include disclosure advising decisions. investors to consider the fund’s 3 See Rule 24b–3 under the Investment Company 1 ‘‘Investment company’’ refers to both Act [17 CFR 270.24b–3], which provides that any investment companies registered under the sales material, including rule 482 advertisements, Investment Company Act of 1940, as amended, and shall be deemed filed with the Commission for business development companies. purposes of Section 24(b) of the Investment 2 15 U.S.C. 77j(b). Company Act upon filing with the NASDR.

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SECURITIES AND EXCHANGE (202) 942–2908, Office of Small proposed rule change as described in COMMISSION Business Policy, Division of Corporation Items I and II below, which Items have Finance, Securities and Exchange been prepared primarily by the CBOE. [Release Nos. 33–8560; 34–51417, File No. 265–23] Commission, 450 Fifth Street, NW., Pursuant to Section 19(b)(3)(A)(iii) of Washington, DC 20549–0310. the Act 3 and Rule 19b–4(f)(6) Advisory Committee on Smaller Public SUPPLEMENTARY INFORMATION: In thereunder,4 CBOE has designated this Companies accordance with Section 10(a) of the proposal as non-controversial, which Federal Advisory Committee Act, 5 renders the proposed rule change AGENCY: Securities and Exchange U.S.C.-App. 1, § 10(a), and the effective immediately upon filing. The Commission. regulations thereunder, Gerald J. Commission is publishing this notice to ACTION: Notice of first meeting of SEC Laporte, Designated Federal Officer of solicit comments on the proposed rule Advisory Committee on Smaller Public the Committee, has ordered publication change from interested persons. Companies. of this notice that the Advisory I. Self-Regulatory Organization’s Committee will hold its first meeting on SUMMARY: Statement of the Terms of Substance of The Securities and Exchange April 12, 2005, in the William O. the Proposed Rule Change Commission Advisory Committee on Douglas Room at the Commission’s Smaller Public Companies will hold its headquarters, 450 Fifth Street, NW., CBOE proposes to extend, until first meeting on Tuesday, April 12, Washington, DC, beginning at 9:30 a.m. 2005, in the William O. Douglas Room February 7, 2006, a pilot program The purpose of this meeting is to permitting an interpretation to CBOE of the Commission’s headquarters, 450 discuss general organizational matters, a Fifth Street, NW., Washington, DC, Rule 12.3, Margin Requirements, Committee Agenda and a timetable for relating to margin requirements for beginning at 9:30 a.m. The meeting will the Committee’s work. The agenda for be open to the public and webcast on certain complex option spreads. The the meeting includes consideration of text of the proposed rule change is the Commission’s Web site at http:// publishing a release in the Federal www.sec.gov. The public is invited to available at the Office of the Secretary, Register soliciting public comment on CBOE and at the Commission. submit written statements to the the Committee Agenda, which sets forth Committee. the proposed topics for consideration by II. Self-Regulatory Organization’s DATES: Written statements should be the Committee over its entire term. Statement of the Purpose of, and received on or before April 8, 2005. Members of the public are not expected Statutory Basis for, the Proposed Rule ADDRESSES: Written statements may be to be permitted to speak or orally Change address the Committee at this meeting, submitted by any of the following In its filing with the Commission, but are expected to be able to do so at methods: CBOE included statements concerning some future meetings in accordance the purpose of and basis for the Electronic Statements with guidelines to be adopted and proposed rule change and discussed any • Use the Commission’s Internet published. comments it received on the proposed submission form (http://www.sec.gov/ Dated: March 23, 2005. rule change. The text of these statements info/smbus/acspc.shtml; or Jonathan G. Katz, may be examined at the places specified • Send an e-mail message to rule- Secretary. in Item IV below. CBOE has prepared [email protected]. Please include File summaries, set forth in Sections A, B, Number 265–23 on the subject line; or [FR Doc. 05–6100 Filed 3–23–05; 4:59 pm] BILLING CODE 8010–01–P and C below, of the most significant Paper Statements aspects of such statements.5 • Send paper statements in triplicate SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s to Jonathan G. Katz, Secretary, COMMISSION Statement of the Purpose of, and Securities and Exchange Commission, Statutory Basis for, the Proposed Rule 450 Fifth Street, NW., Washington, DC [Release No. 34–51407; File No. SR–CBOE– Change 20549–0609. 2005–16] All submissions should refer to File 1. Purpose No. 265–23. This file number should be Self-Regulatory Organizations; Notice On August 8, 2003, the Commission included on the subject line if e-mail is of Filing and Immediate Effectiveness approved on a one-year pilot basis used. To help us process and review of Proposed Rule Change by the (‘‘Pilot’’) a CBOE Regulatory Circular your statement more efficiently, please Chicago Board Options Exchange, setting forth an interpretation of CBOE’s use only one method. The Commission Incorporated To Extend a Pilot current margin requirements for certain will post all statements on the Program Relating to Margin complex option spreads.6 CBOE Commission’s Web site (http:// Requirements for Certain Complex subsequently submitted two additional www.sec.gov./info/smbus/acspc.shtml). Options Spreads filings relating to the Pilot—one to Statements are also available for public March 22, 2005. extend the Pilot for an additional six inspection and copying in the Pursuant to Section 19(b)(1) of the months,7 which was effective upon Commission’s Public Reference Room, Securities Exchange Act of 1934 450 Fifth Street, NW., Washington, DC 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, 3 20549. All statements received will be 15 U.S.C. 78s(b)(3)(A)(iii). notice is hereby given that on February 4 17 CFR 240.19b–4(f)(6). posted without change; we do not edit 7, 2005, the Chicago Board Options 5 The Commission has modified parts of these personal identifying information from Exchange, Incorporated (‘‘CBOE’’) filed statements. submissions. You should submit only with the Securities and Exchange 6 See Securities Exchange Act Release No. 48306 information that you wish to make Commission (‘‘Commission’’) the (August 8, 2003), 68 FR 48974 (approving SR– available publicly. CBOE–2003–24). Regulatory Circular RG03–66 was issued by CBOE following the Commission’s FOR FURTHER INFORMATION CONTACT: 1 15 U.S.C. 78s(b)(1). approval of SR–CBOE–2003–24. Kevin M. O’Neill, Special Counsel, at 2 17 CFR 240.19b–4. 7 See SR–CBOE–2004–56.

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filing with the Commission,8 and III. Date of Effectiveness of the or otherwise in the furtherance of the another proposing permanent Proposed Rule Change and Timing for purposes of the Act.15 implementation of the margin Commission Action IV. Solicitation of Comments requirements covered by the Pilot.9 In The foregoing proposed rule change this filing, CBOE has requested an has become effective upon filing on Interested persons are invited to additional extension of the Pilot, until February 7, 2005, pursuant to Section submit written data, views, and February 7, 2006, or until such time as 19(b)(3)(A) 10 of the Act and Rule 19b– arguments concerning the foregoing, the Commission has approved CBOE’s 4(f)(6) 11 thereunder because the including whether the proposed rule request for permanent implementation proposal: (1) Does not significantly change is consistent with the Act. of the margin requirements on certain affect the protection of investors or the Comments may be submitted by any of complex option spreads, whichever public interest; (2) does not impose any the following methods: occurs sooner. significant burden on competition; and (3) does not become operative for 30 Electronic Comments CBOE is proposing an extension of the days from the date of filing, or such • Use the Commission’s Internet Pilot so that it may continue in effect shorter time as the Commission may comment form (http://www.sec.gov/ while the Commission considers designate if consistent with the CBOE’s proposal for permanent protection of investors and the public rules/sro.shtml); or implementation. As such, CBOE interest; provided that the self- • Send an e-mail to rule- proposes to reissue the Regulatory regulatory organization has given the [email protected]. Please include File Circular with the new Pilot expiration Commission written notice of its intent Number SR–CBOE–2005–16 on the date. CBOE has received no negative to file the proposed rule change at least subject line. comments concerning Regulatory five business days prior to the filing Paper Comments Circulars RG03–66 or RG04–90 since date of the proposed rule change.12 they were issued, nor is CBOE aware of A proposed rule change filed under • Send paper comments in triplicate any negative consequences resulting Rule 19b–4(f)(6) normally does not to Jonathan G. Katz, Secretary, from the application of the margin become operative prior to 30 days after Securities and Exchange Commission, requirements permitted by the the date of filing. However, pursuant to 13 450 Fifth Street, NW., Washington, DC Regulatory Circulars. Rule 19b–4(f)(6)(iii), the Commission 20549–0609. may designate a shorter time if such 2. Statutory Basis action is consistent with the protection All submissions should refer to File of investors and the public interest. Number SR–CBOE–2005–16. This file CBOE represented that the proposed CBOE has requested that the number should be included on the Regulatory Circular clarifies that CBOE’s Commission waive the 30-day operative subject line if e-mail is used. To help the current margin rules extend to complex waiting period to permit CBOE to Commission process and review your option spreads, thereby allowing continue the Pilot without interruption comments more efficiently, please use investors to more efficiently implement while the Commission determines only one method. The Commission will these strategies. As such, CBOE believes whether to approve permanent post all comments on the Commission’s that the proposed Regulatory Circular implementation of the subject margin Internet Web site (http://www.sec.gov/ interpretation of CBOE Rule 12.3 is requirements. rules/sro.shtml). Copies of the consistent with and furthers the The Commission, consistent with the submission, all subsequent objectives of Section 6(b)(5) of the Act, protection of investors and the public amendments, all written statements in that it is designed to perfect the interest, has waived the 30-day with respect to the proposed rule mechanisms of a free and open market requirement that the proposed rule change that are filed with the and to protect investors and the public change not become operative for 30 days Commission, and all written interest. after the date it was filed.14 The communications relating to the Commission believes that granting proposed rule change between the B. Self-Regulatory Organization’s immediate effectiveness to the proposed Commission and any person, other than Statement on Burden on Competition rule change is appropriate because it those that may be withheld from the will allow the Pilot to continue without public in accordance with the CBOE does not believe that the interruption after it would otherwise provisions of 5 U.S.C. 552, will be proposed rule change will impose any have expired on February 7, 2005. At available for inspection and copying in burden on competition that is not any time within 60 days of the filing of the Commission’s Public Reference necessary or appropriate in furtherance the proposed rule change, the Section, 450 Fifth Street, NW., of the purposes of the Act. Commission may summarily abrogate Washington, DC 20549. Copies of such C. Self-Regulatory Organization’s such rule change if it appears to the filing also will be available for Statement on Comments on the Commission that such action is inspection and copying at the principal Proposed Rule Change Received From necessary or appropriate in the public office of the CBOE. All comments Members, Participants, or Others interest, for the protection of investors, received will be posted without change; the Commission does not edit personal CBOE neither solicited nor received 10 15 U.S.C. 78s(b)(3)(A). identifying information from written comments with respect to the 11 17 CFR 240.19b–4(f)(6). submissions. You should submit only 12 As required under Rule 19b–4(f)(6)(iii), the proposed rule change. CBOE provided the Commission with written notice information that you wish to make of its intent to file the proposed rule change at least available publicly. All submissions 8 See Securities Exchange Act Release No. 50164 five business days prior to the filing date. should refer to File Number SR–CBOE– (August 6, 2004), 69 FR 50405 (August 16, 2004) 13 17 CFR 240.19b–4(f)(6)(iii). 2005–16 and should be submitted on or (approving SR–CBOE–2004–56). Regulatory 14 For the purposes only of accelerating the before April 18, 2005. Circular RG03–66 was reissued as Regulatory operative date of this proposal, the Commission has Circular RG04–90. considered the proposed rules impact on efficiency, 9 See SR–CBOE–2004–53. competition, and capital formation. 15 U.S.C. 78c(f). 15 15 U.S.C. 78s(b)(3)(C).

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For the Commission, by the Division of daily money differences and claims to OCC. Any amounts withheld will be Market Regulation, pursuant to delegated between clearing members.3 These used to reduce the unpaid obligation. authority.16 money differences may result from such In drafting a paying clearing member’s Margaret H. McFarland, things as, among other things, transfers bank account or in making payment to Deputy Secretary. of accounts and commission billing for a collecting clearing member in [FR Doc. E5–1365 Filed 3–25–05; 8:45 am] trade execution. Clearing members connection with money-only settlement BILLING CODE 8010–01–P presently settle these differences transactions, OCC may combine through invoices and checks sent multiple transactions for which the through the U.S. mail or by messenger clearing member is obligated to make SECURITIES AND EXCHANGE deliveries. However, clearing members payment or is entitled to receive COMMISSION have advised OCC that items sent by payments. However, OCC will neither [Release No. 34–51390; File No. SR–OCC– either of these means are frequently lost, net money-only settlement amounts 2005–02] misdelivered, or delayed and ultimately payable by a clearing member with any are written off as uncollectible. amounts payable to the clearing member In response to these requests, OCC has Self-Regulatory Organizations; The by OCC with respect to any account determined to add a money-only Options Clearing Corporation; Notice maintained by the clearing member with settlement service that would be of Filing and Immediate Effectiveness OCC nor will OCC net money-only available for clearing member use of a Proposed Rule Change Relating to settlement amounts payable to a the Establishment of a Money-Only through OCC’s ENCORE system. This clearing member with amounts payable Settlement Service service, which will only be available for by the clearing member to OCC. Money- money differences arising from only settlement amounts will appear as March 17, 2005. transactions cleared by OCC, will be Pursuant to Section 19(b)(1) of the governed by proposed new Rule 504.4 a separate line item on a settlement Securities Exchange Act of 1934 report made available to clearing Clearing members desiring to settle an 6 (‘‘Act’’),1 notice is hereby given that on open money item with another clearing members on each business day. March 2, 2005, The Options Clearing member will initiate an instruction on The money differences to be Corporation (‘‘OCC’’) filed with the any business day through the ENCORE processed through the money-only Securities and Exchange Commission system. OCC will specify a time by settlement system are between clearing (‘‘Commission’’) the proposed rule which instructions will have to be members, and OCC will accordingly change as described in Items I, II, and approved. If the clearing member only act as agent for each clearing III below, which items have been receiving the instruction does not member in facilitating their settlement. prepared primarily by OCC. The approve it by the deadline, the OCC will not guarantee money-only Commission is publishing this notice to instruction will be deemed null and settlements and will not be obligated to solicit comments on the proposed rule void and will be deleted from the make a money-only settlement payment change from interested persons. system. If the instruction is approved,5 unless it has collected the amount of the I. Self-Regulatory Organization’s OCC, as agent, would draft a paying payment from the paying clearing Statement of the Terms of Substance of clearing member’s designated bank member. If a clearing member is the Proposed Rule Change account at a time to be specified by suspended by OCC pursuant to Chapter OCC. OCC will similarly specify a time XI of the Rules, any pending The proposed rule change establishes by which OCC, as agent, will pay to the instructions of such clearing member a money-only settlement service for collecting clearing member the amount will be deemed null and void to the OCC clearing members. specified in the instruction. Initially, extent that the suspended clearing II. Self-Regulatory Organization’s OCC intends to effect money-only member is a paying clearing member.7 Statement of the Purpose of, and settlement on the business day after an OCC does not believe that the money- Statutory Basis for, the Proposed Rule instruction is approved. In the future, only settlement service will adversely Change however, OCC may effect money-only affect its capacity to settle transactions In its filing with the Commission, settlement on the same business day in cleared securities because its cash OCC included statements concerning that an instruction is approved. OCC settlement system has more than the purpose of and basis for the will notify its clearing members before sufficient capacity to handle the proposed rule change and discussed any implementing a change with respect to anticipated daily volume of money-only comments it received on the proposed settlement times. settlements. OCC will withhold money-only rule change. The text of these statements OCC believes that the proposed rule settlement amounts owed to any may be examined at the places specified change is consistent with Section 17A of clearing member if the clearing member in Item IV below. OCC has prepared the Act because money-only settlement has any unsatisfied payment obligation summaries, set forth in sections (A), (B), service will provide a more efficient and (C) below, of the most significant means for clearing members to settle 3 In making their request, clearing members 2 aspects of such statements. advised OCC that other securities clearing agencies, money differences relating to including The Depository Trust Company (‘‘DTC’’) transactions or positions in cleared (A) Self-Regulatory Organization’s and National Securities Clearing Corporation contracts, thereby improving the Statement of the Purpose of, and (‘‘NSCC’’), offer a comparable service to their likelihood that these amounts will be Statutory Basis for, the Proposed Rule participants. See DTC Rule 9(A), Transactions in collected by clearing members. The Change Securities and Money Payments and NSCC Rule 41, Funds Only Settlement Service. proposed rule change is not inconsistent Clearing members have asked OCC to 4 Proposed Rule 504 is based on Rule 503 with the existing rules of OCC, provide a facility that effects transfers of pursuant to which OCC, as agent, effects premium settlements between banks or depositories and clearing members with respect to their escrow 6 This report is made available to Clearing 16 17 CFR 200.30–3(a)(12). depository receipt activity under Rule 613. Members via OCC’s on-line report inquiry service. 1 15 U.S.C. 78s(b)(1). 5 Approval of an instruction by a clearing member 7 OCC’s determination not to guarantee money- 2 The Commission has modified parts of these will be detailed in an audit trail created and only settlement items is consistent with NSCC Rule statements. maintained by OCC. 41, Section 10.

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including any other rules proposed to be number should be included on the notice is hereby given that on January amended. subject line if e-mail is used. To help the 31, 2005, the Pacific Exchange, Inc. Commission process and review your (‘‘PCX’’ or ‘‘Exchange’’) filed with the (B) Self-Regulatory Organization’s comments more efficiently, please use Securities and Exchange Commission Statement on Burden on Competition only one method. The Commission will (‘‘Commission’’) the proposed rule OCC does not believe that the post all comments on the Commission’s change as described in Items I and II proposed rule change would impose any Internet Web site (http://www.sec.gov/ below, which Items have been prepared burden on competition. rules/sro.shtml). Copies of the by the Exchange. On February 28, 2005, (C) Self-Regulatory Organization’s submission, all subsequent the Exchange filed Amendment No. 1 to Statement on Comments on the amendments, all written statements the proposal. The Commission is Proposed Rule Change Received From with respect to the proposed rule publishing this notice to solicit Members, Participants, or Others change that are filed with the comments on the proposed rule change, Commission, and all written as amended, from interested persons Written comments were not and are communications relating to the and is approving the proposed rule not intended to be solicited with respect proposed rule change between the change, as amended, on an accelerated to the proposed rule change, and none Commission and any person, other than basis. have been received. those that may be withheld from the I. Self-Regulatory Organization’s III. Date of Effectiveness of the public in accordance with the Statement of the Terms of Substance of Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be the Proposed Rule Change Commission Action available for inspection and copying in The foregoing rule change has become the Commission’s Public Reference The PCX proposes to amend PCX effective pursuant to Section Section, 450 Fifth Street, NW., Rules 2.4, 2.17 and 2.23 to support the 19(b)(3)(A)(iii) of the Act 8 and Rule Washington, DC 20549. Copies of such implementation of an electronic 19b–4(f)(6) 9 thereunder because it filing also will be available for registration process. The text of the effects a change that (i) does not inspection and copying at the principal proposed rule change is available on the significantly affect the protection of office of OCC and on OCC’s Web site at PCX’s Web site http:// investors or the public interest, (ii) does http://www.optionsclearing.com. All www.pacificex.com, at the PCX’s Office not impose any significant burden on comments received will be posted of the Secretary, and at the competition, and (iii) by its terms, does without change; the Commission does Commission’s Public Reference Room. not become operative for 30 days after not edit personal identifying II. Self-Regulatory Organization’s the filing. At any time within 60 days information from submissions. You Statement of the Purpose of, and of the filing of the proposed rule change, should submit only information that Statutory Basis for, the Proposed Rule the Commission may summarily you wish to make available publicly. All Change abrogate the rule change if it appears to submissions should refer to File the Commission that such action is Number SR–OCC–2005–02 and should In its filing with the Commission, the necessary or appropriate in the public be submitted on or before April 18, Exchange included statements interest, for the protection of investors, 2005. concerning the purpose of, and basis for, or otherwise in furtherance of the the proposed rule change and discussed For the Commission, by the Division of any comments it received on the purposes of the Act. Market Regulation, pursuant to delegated authority.10 proposed rule change. The text of these IV. Solicitation of Comments statements may be examined at the Interested persons are invited to Margaret H. McFarland, places specified in Item III below. The submit written data, views, and Deputy Secretary. Exchange has prepared summaries, set arguments concerning the foregoing, [FR Doc. E5–1336 Filed 3–25–05; 8:45 am] forth in sections A, B, and C below, of including whether the proposed rule BILLING CODE 8010–01–P the most significant aspects of such change is consistent with the Act. statements. Comments may be submitted by any of A. Self-Regulatory Organization’s the following methods: SECURITIES AND EXCHANGE COMMISSION Statement of the Purpose of, and Electronic comments Statutory Basis for, the Proposed Rule • [Release No. 34–51398; File No. SR–PCX– Change Use the Commission’s Internet 2005–10] comment form (http://www.sec.gov/ 1. Purpose rules/sro.shtml) or Self-Regulatory Organizations; Pacific The current PCX procedures require • Send an e-mail to rule- Exchange, Inc.; Notice of Filing and Option Trading Permit (‘‘OTP’’) [email protected]. Please include File Order Granting Accelerated Approval applicants to submit the Uniform Number SR–OCC–2005–02 on the of Proposed Rule Change and Application for Securities Industry subject line. Amendment No. 1 Thereto Requiring Registration or Transfer (‘‘Form U4’’) to Paper comments Electronic Filing of Form U4 and Form the Exchange when they are requesting • U5 by OTP Holders and OTP Firms approval to become an OTP Holder or Send paper comments in triplicate Through the CRD to Jonathan G. Katz, Secretary, OTP Firm and the Uniform Termination Securities and Exchange Commission, March 18, 2005. Notice for Securities Industry 450 Fifth Street, NW., Washington, DC Pursuant to Section 19(b)(1) of the Registration (‘‘Form U5’’) when they 3 20549–0609. Securities Exchange Act of 1934 wish to terminate an OTP. These forms All submissions should refer to File (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Number SR–OCC–2005–02. This file 3 In Amendment No. 1 the Exchange stated that these requirements are contained in the current 10 17 CFR 200.30–3(a)(12). PCX Rules. The word ‘‘Rules’’ is replaced by the 8 15 U.S.C. 78s(b)(3)(A)(iii). 1 15 U.S.C. 78s(b)(1). word ‘‘procedures’’ pursuant to the telephone 9 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. conversation between Steven Matlin, Senior

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are currently submitted to the proposed rule change would require any • Send an e-mail to rule- Exchange’s Shareholder and person seeking to become an OTP [email protected]. Please include File Registration Services (‘‘SRS’’) Holder or OTP Firm or any individual Number SR–PCX–2005–10 on the department. who requires registration pursuant to subject line. The Exchange is now proposing to PCX Rule 2.23 to electronically file a Paper Comments require all current OTP Holders and Form U4 with Web CRD. The Exchange OTP Firms and new applicants to use believes that automating the review of • Send paper comments in triplicate the National Association of Securities registration applications and to Jonathan G. Katz, Secretary, Dealers, Inc. (‘‘NASD’’) Central termination notices by transmitting all Securities and Exchange Commission, Registration Depository (‘‘CRD’’) as the Forms U4 and U5 filings to Web CRD 450 Fifth Street, NW., Washington, DC mechanism for submitting required will enable the Exchange to perform 20549–0609. Forms U4 and U5 filings to the more efficiently its regulatory All submissions should refer to File Exchange. As a result of this change, all responsibilities with respect to OTP Number SR–PCX–2005–10. This file persons that currently submit paper Holders and OTP Firms and, thereby, number should be included on the Forms U4 and U5 filings to the will ultimately enhance investor subject line if e-mail is used. To help the Exchange would be required to submit protection. Commission process and review your these forms electronically through Web comments more efficiently, please use CRD. The CRD is a Web based system 2. Statutory Basis only one method. The Commission will that provides broker-dealers and their The Exchange believes that the post all comments on the Commission’s associated persons with ‘‘one stop proposed rule change, as amended, is Internet Web site (http://www.sec.gov/ filing’’ with the Commission, NASD, consistent with Section 6(b) of the Act 5 rules/sro.shtml). Copies of the and other self-regulatory organizations in general, and furthers the objectives of submission, all subsequent and regulators. The CRD is operated by Section 6(b)(5) of the Act 6 in particular, amendments, all written statements NASD and is used by participating in that it is designed to prevent with respect to the proposed rule regulators in connection with registering fraudulent and manipulative acts and change that are filed with the and licensing broker-dealers and their practices, to promote just and equitable Commission, and all written associated persons. principles of trade, to foster cooperation communications relating to the As a result of moving from a manual and coordination with persons engaged proposed rule change between the application process to a fully electronic in facilitating transactions in securities, Commission and any person, other than application process, the Exchange is and to remove impediments to, and those that may be withheld from the proposing to reduce the time period, in perfect the mechanism of, a free and public in accordance with the which OTP Holders must file open market and a national market provisions of 5 U.S.C. 552, will be amendments to their applications, from system. available for inspection and copying in fifteen business days to ten business the Commission’s Public Reference B. Self-Regulatory Organization’s days. The Exchange feels that the switch Room. Copies of such filing also will be Statement on Burden on Competition from a manual application process to a available for inspection and copying at fully electronic application justifies The Exchange does not believe that the principal office of the PCX. All such a reduction in time and therefore the proposed rule change, as amended, comments received will be posted will not place any additional burden on will impose any burden on competition without change; the Commission does the applicant. The Exchange has also that is not necessary or appropriate in not edit personal identifying proposed certain technical changes to furtherance of the purposes of the Act. information from submissions. You the rule text that are necessary to adopt should submit only information that the rules associated with an electronic C. Self-Regulatory Organization’s you wish to make available publicly. All filing process. Statement on Comments on the submissions should refer to File The Exchange is also proposing to Proposed Rule Change Received From Number SR–PCX–2005–10 and should require any OTP Holder that terminates Members, Participants, or Others its OTP to electronically file within ten be submitted on or before April 18, Written comments on the proposed business days of such termination Form 2005. rule change were neither solicited nor U5 with the CRD. In addition, any received. IV. Commission’s Findings and Order amendments to the Form U5 must be Granting Accelerated Approval of filed within ten business days of the III. Solicitation of Comments Proposed Rule Change occurrence causing the amendment. Interested persons are invited to The Commission finds that the This proposed rule is necessary to fully submit written data, views, and proposed rule change, as amended, is automate the registration/termination arguments concerning the foregoing, consistent with the requirements of the process. Act and the rules and regulations The Exchange anticipates that during including whether the proposed rule thereunder applicable to a national the period between April 18, 2005, and change, as amended, is consistent with securities exchange.7 May 13, 2005, OTP Holders and OTP the Act. Comments may be submitted by In particular, the Firms will submit an updated Form U4 any of the following methods: Commission finds that the proposed rule change is consistent with Section to Web CRD for all individuals who are Electronic Comments 8 employees of OTP Holders and OTP 6(b)(5) of the Act, which requires, • Use the Commission’s Internet Firms who have not previously among other things, that the Exchange’s comment form (http://www.sec.gov/ rules promote just and equitable submitted a Form U4 to Web CRD.4 The rules/sro.shtml); or principles of trade and facilitate Counsel, PCX, and Kathy England, Assistant transactions in securities, and, in Director, Elizabeth Badawy, Accountant, and submitted Form U4 to Web CRD if they work for Natasha Cowen, Attorney, Division of Market dual PCX/NASD member firms and their job 7 In approving this proposal, the Commission has Regulation, Commission, on March 15, 2005. responsibilities require registration with NASD. considered its impact on efficiency, competition, 4 A number of individuals that are employees of 5 15 U.S.C. 78f(b). and capital formation. See 15 U.S.C. 78c(f). OTP Holders and OTP Firms already have 6 15 U.S.C. 78f(b)(5). 8 15 U.S.C. 78f(b)(5).

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general, protect investors and the public (‘‘Act’’)1 and Rule 19b–4 thereunder,2 submitted to the Exchange’s interest. notice is hereby given that on January Shareholder and Registration Services The Exchange has requested that the 31, 2005, the Pacific Exchange, Inc. (‘‘SRS’’) department. Commission approve the proposed rule (‘‘PCX’’ or ‘‘Exchange’’) filed with the The Exchange is now proposing to change, as amended, on an accelerated Securities and Exchange Commission require all current ETP Holders and new basis. The Commission finds good (‘‘Commission’’) the proposed rule applicants to use the National cause, pursuant to Section 19(b)(2) of change as described in Items I and II Association of Securities Dealers, Inc. the Act,9 for approving the proposed below, which Items have been prepared (‘‘NASD’’) Central Registration rule change, as amended, prior to the by the Exchange. On February 28, 2005, Depository (‘‘CRD’’) as the mechanism thirtieth day after the date of the Exchange filed Amendment No. 1, for submitting required Forms U4 and publication of notice in the Federal and on March 16, 2005, the Exchange U5 filings to the Exchange. As a result Register. The Commission has filed Amendment No. 2 to the proposal. of this change, all ETP Holders that previously approved a substantially The Commission is publishing this currently submit paper Forms U4 and similar proposed rule change submitted notice to solicit comments on the U5 filings to the Exchange would be by the American Stock Exchange LLC to proposed rule change, as amended, from required to submit these forms provide for the processing of the Forms interested persons and is approving the electronically through Web CRD. The U4 and U5 through Web CRD10 and proposed rule change, as amended, on CRD is a Web based system that does not believe that the proposed rule an accelerated basis. provides broker-dealers and their associated persons with ‘‘one stop change raises novel regulatory issues. Self-Regulatory Organization’s The proposed rule change, as amended, filing’’ with the Commission, NASD, Statement of the Terms of Substance of and other self-regulatory organizations promotes uniformity of registration in the Proposed Rule Change the industry. Accordingly, the and regulators. The CRD is operated by Commission finds that there is good The PCX, through its wholly owned NASD and is used by participating cause, consistent with Section 6(b)(5) of subsidiary PCX Equities, Inc. (‘‘PCXE’’) regulators in connection with registering the Act,11 to approve the proposed rule proposes to amend PCXE Rules 2.3, 2.16 and licensing broker-dealers and their change, as amended, on an accelerated and 2.21 to support the implementation associated persons. basis. of an electronic registration process. The As a result of moving from a manual text of the proposed rule change is application process to a fully electronic V. Conclusion available on the PCX’s Web site http:// application process, the Exchange is It is therefore ordered, pursuant to www.pacificex.com, at the PCX’s Office proposing to reduce the time period, in Section 19(b)(2) of the Act, that the of the Secretary, and at the which ETP Holders must file proposed rule change, as amended, (SR– Commission’s Public Reference Room. amendments to their applications, from fifteen business days to ten business PCX–2005–10) is hereby approved on an II. Self-Regulatory Organization’s days. The Exchange feels that the switch accelerated basis.12 Statement of the Purpose of, and from a manual application process to a Statutory Basis for, the Proposed Rule For the Commission, by the Division of fully electronic application justifies Market Regulation, pursuant to delegated Change 13 such a reduction in time and therefore authority. In its filing with the Commission, the will not place any additional burden on Margaret H. McFarland, Exchange included statements the applicant. The Exchange has also Deputy Secretary. concerning the purpose of, and basis for, proposed certain technical changes to [FR Doc. E5–1334 Filed 3–25–05; 8:45 am] the proposed rule change and discussed the rule text that are necessary to adopt BILLING CODE 8010–01–P any comments it received on the the rules associated with an electronic proposed rule change. The text of these filing process. statements may be examined at the The Exchange is also proposing to SECURITIES AND EXCHANGE places specified in Item III below. The require ETP Holders to electronically COMMISSION Exchange has prepared summaries, set file within ten (10) business days of forth in sections A, B, and C below, of such termination Form U5 with the CRD [Release No. 34–51399; File No. SR–PCX– the most significant aspects of such when any person associated with an 2005–11] statements. ETP Holder terminates his association A. Self-Regulatory Organization’s with such ETP Holder. In addition, any Self-Regulatory Organizations; Pacific Statement of the Purpose of, and amendments to the Form U5 must be Exchange, Inc.; Notice of Filing and Statutory Basis for, the Proposed Rule filed within ten business days of the Order Granting Accelerated Approval Change occurrence causing the amendment. of Proposed Rule Change and This proposed rule is necessary to fully Amendments No. 1 and 2 Thereto 1. Purpose automate the registration/termination Requiring Electronic Filing of Form U4 The current PCX procedures require process. and Form U5 by ETP Holders Through Equities Trading Permit (‘‘ETP’’) The Exchange anticipates that during the CRD applicants to submit the Uniform the period between April 18, 2005, and May 13, 2005, ETP Holders will submit March 18, 2005 Application for Securities Industry Registration or Transfer (‘‘Form U4’’) to an updated Form U4 to Web CRD for all Pursuant to Section 19(b)(1) of the the Exchange when they are requesting individuals who are employees of ETP Securities Exchange Act of 1934 approval to become an ETP Holder and Holders who have not previously the Uniform Termination Notice for submitted a Form U4 to Web CRD.3 The 9 15 U.S.C. 78s(b)(2). Securities Industry Registration (‘‘Form proposed rule change would require any 10 See Securities Exchange Act Release No. 48067 (June 19, 2003), 68 FR 39601 (July 2, 2003) (SR– U5’’) when they wish to withdraw from the Exchange. These forms are currently 3 A number of individuals that are employees of Amex–2003–48). ETP Holders already have submitted Form U4 to 11 15 U.S.C. 78s(b)(5). Web CRD if they work for dual PCXE/NASD 12 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). member firms and their job responsibilities require 13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. registration with NASD.

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person seeking to become an ETP Paper Comments basis. The Commission finds good Holder or any individual employed by • Send paper comments in triplicate cause, pursuant to Section 19(b)(2) of 8 an ETP Holder to electronically file a to Jonathan G. Katz, Secretary, the Act, for approving the proposed Form U4 with Web CRD. The Exchange Securities and Exchange Commission, rule change, as amended, prior to the believes that automating the review of 450 Fifth Street, NW., Washington, DC thirtieth day after the date of registration applications and 20549–0609. publication of notice in the Federal termination notices by transmitting all All submissions should refer to File Register. The Commission has Forms U4 and U5 filings to Web CRD Number SR–PCX–2005–11. This file previously approved a substantially will enable the Exchange to perform number should be included on the similar proposed rule change submitted more efficiently its regulatory subject line if e-mail is used. To help the by the American Stock Exchange LLC to responsibilities with respect to ETP Commission process and review your provide for the processing of the Forms 9 Holders and, thereby, will ultimately comments more efficiently, please use U4 and U5 through Web CRD and does enhance investor protection. only one method. The Commission will not believe that the proposed rule change raises novel regulatory issues. 2. Statutory Basis post all comments on the Commission’s Internet Web site (http://www.sec.gov/ The proposed rule change, as amended, The Exchange believes that the rules/sro.shtml). Copies of the promotes uniformity of registration in proposed rule change, as amended, is submission, all subsequent the industry. Accordingly, the consistent with Section 6(b) of the Act4 amendments, all written statements Commission finds that there is good in general, and furthers the objectives of with respect to the proposed rule cause, consistent with Section 6(b)(5) of Section 6(b)(5) of the Act5 in particular, change that are filed with the the Act,10 to approve the proposed rule in that it is designed to prevent Commission, and all written change, as amended, on an accelerated fraudulent and manipulative acts and communications relating to the basis. practices, to promote just and equitable proposed rule change between the V. Conclusion principles of trade, to foster cooperation Commission and any person, other than and coordination with persons engaged those that may be withheld from the It is therefore ordered, pursuant to in facilitating transactions in securities, public in accordance with the Section 19(b)(2) of the Act, that the and to remove impediments to, and provisions of 5 U.S.C. 552, will be proposed rule change, as amended, (SR– perfect the mechanism of, a free and available for inspection and copying in PCX–2005–11) is hereby approved on an 11 open market and a national market the Commission’s Public Reference accelerated basis. system. Room. Copies of such filing also will be For the Commission, by the Division of available for inspection and copying at Market Regulation, pursuant to delegated B. Self-Regulatory Organization’s 12 the principal office of the PCX. All authority. Statement on Burden on Competition comments received will be posted Margaret H. McFarland, The Exchange does not believe that without change; the Commission does Deputy Secretary. the proposed rule change, as amended, not edit personal identifying [FR Doc. E5–1335 Filed 3–25–05; 8:45 am] will impose any burden on competition information from submissions. You BILLING CODE 8010–01–P that is not necessary or appropriate in should submit only information that furtherance of the purposes of the Act. you wish to make available publicly. All submissions should refer to File DEPARTMENT OF STATE C. Self-Regulatory Organization’s Number SR–PCX–2005–11 and should Statement on Comments on the be submitted on or before April 18, [Public Notice 5019] Proposed Rule Change Received From 2005. Members, Participants, or Others Defense Trade Advisory Group; Notice IV. Commission’s Findings and Order of Open Meeting Written comments on the proposed Granting Accelerated Approval of rule change were neither solicited nor Proposed Rule Change AGENCY: Department of State. ACTION: Notice. received. The Commission finds that the III. Solicitation of Comments proposed rule change, as amended, is The Defense Trade Advisory Group consistent with the requirements of the (DTAG) will meet in open session from Interested persons are invited to Act and the rules and regulations 9 a.m. to 12 noon on Tuesday, May 3, submit written data, views, and thereunder applicable to a national 2005, in Room 1912 at the U.S. arguments concerning the foregoing, securities exchange.6 In particular, the Department of State, Harry S. Truman including whether the proposed rule Commission finds that the proposed Building, 2201 C Street NW., change is consistent with the Act. rule change is consistent with Section Washington, DC. Entry and registration Comments may be submitted by any of 6(b)(5) of the Act,7 which requires, will begin at 8:15. Please use the the following methods: among other things, that the Exchange’s building entrance located at 23rd Street, Electronic Comments rules promote just and equitable NW., Washington, DC between C & D principles of trade and facilitate Streets. The membership of this • Use the Commission’s Internet transactions in securities, and, in advisory committee consists of private comment form (http://www.sec.gov/ general, protect investors and the public sector defense trade specialists, rules/sro.shtml); or interest. appointed by the Assistant Secretary of • Send an e-mail to rule- The Exchange has requested that the [email protected]. Please include File Commission approve the proposed rule 8 15 U.S.C. 78s(b)(2). Number SR–PCX–2005–11 on the change, as amended, on an accelerated 9 See Securities Exchange Act Release No. 48067 (June 19, 2003), 68 FR 39601 (July 2, 2003) (SR– subject line. 6 In approving this proposal, the Commission has Amex–2003–48). considered its impact on efficiency, competition, 10 15 U.S.C. 78s(b)(5). 4 15 U.S.C. 78F(B). and capital formation. See 15 U.S.C. 78c(f). 11 15 U.S.C. 78s(b)(2). 5 15 U.S.C. 78F(B)(5). 7 15 U.S.C. 78f(b)(5). 12 17 CFR 200.30–3(a)(12).

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State for Political-Military Affairs, who DEPARTMENT OF TRANSPORTATION in whole or in part, no later than June advise the Department on policies, 28, 2005. Federal Aviation Administration regulations, and technical issues The following is a brief overview of affecting defense trade. The purpose of Notice of Intent To Rule on Application the application. the meeting will be to review progress (05–07–C–00–EUG) To Impose and Use Level of the proposed PFC: $4.50. of the working groups and to discuss the Revenue From a Passenger Facility current defense trade issues and topics Proposed charge effective date: Charge (PFC) at Eugene Airport, September 1, 2007. for further study. Mahlon Sweet Field, Submitted by the Although public seating will be City of Eugene, Eugene Airport, Proposed charge expiration date: limited due to the size of the conference Mahlon Sweet Field, Eugene, OR August 1, 2011. room, members of the public may attend Total requested for use approval: AGENCY: Federal Aviation this open session as seating capacity $4,337,364. Administration (FAA), DOT. allows, and will be permitted to Brief description of proposed project: participate in the discussion in ACTION: Notice of intent to rule on application. Terminal Bond Retirement—Revenue accordance with the Chairman’s Bond Backed; Terminal Bond instructions. Members of the public SUMMARY: The FAA proposes to rule and Retirement—Airport Reserve Backed. may, if they wish, submit a brief invites public comment on the statement to the committee in writing. Class or classes of air carrier which application to impose and use PFC the public agency has requested not be As access to the Department of State revenue at Eugene Airport, Mahlon required to collect PFC’s: Operations by facilities is controlled, persons wishing Sweet Field under the provisions of 49 Air Taxi/Commercial Operators to attend the meeting must notify the U.S.C. 40117 and part 158 of the Federal utilizing aircraft having a maximum Aviation Regulations (14 part CFR 158). DTAG Executive Secretariat by COB seating capacity of less than twenty Monday, April 25, 2005. If notified after DATES: Comments must be received on passengers when enplaning revenue this date, the DTAG Secretariat cannot or before April 27, 2005. passengers in a limited, irregular/non- guarantee that State’s Bureau of ADDRESSES: Comments on this scheduled, or special service manner. Diplomatic Security can complete the application may be mailed or delivered Also exempted are operations by Air necessary processing required to attend in triplicate to the FAA at the following Taxi/Commercial Operators, without the May 3rd plenary. address: J. Wade Bryant, Manager; regard to seating capacity, for revenue Each non-member observer or DTAG Seattle Airports District Office, SEA– passengers transported for student member needing building access that ADO; Federal Aviation Administration; instruction, non-stop sightseeing flights wishes to attend this plenary session 1601 Lind Avenue, SW., Suite 250; that begin and end at Eugene Airport should provide his/her name, company Renton, WA 98055–4056. and are conducted within a 25 mile In addition, one copy of any or organizational affiliation, phone radius of the same airport, fire fighting comments submitted to the FAA must number, date of birth, social security charters, ferry or training flights, air be mailed or delivered to Robert P. number, and citizenship to the DTAG ambulance/medivac flights, and aerial Noble, Airport Manager, at the following Secretariat, contact person Mary address: 28855 Lockheed Drive, Eugene, photography or survey flights. Sweeney via e-mail at OR 97402. Any person may inspect the [email protected]. DTAG members Air Carriers and foreign air carriers application in person at the FAA office planning to attend the plenary session may submit copies of written comments listed above under FOR FURTHER should notify the DTAG Secretariat, previously provided to Eugene Airport, INFORMATION CONTACT and at the FAA contact person Mary Sweeney via e-mail Mahlon Sweet Field, under § 158.23 of Regional Airports Office located at: at [email protected]. A list will be part 158. Federal Aviation Administration, made up for Diplomatic Security and FOR FURTHER INFORMATION CONTACT: Ms. Northwest Mountain Region, Airports the Reception Desk at the C Street Suzanne Lee-Pang, 425–227–2654, 1601 Division, ANM–600, 1601 Lind Avenue Entrance. Attendees must present a Lind Avenue SW., Suite 250, Renton, SW., Suite 315, Renton, WA 98055– driver’s license with photo, a passport, Washington 98055–4056. The 4056. a U.S. Government ID, or other valid application may be reviewed in person photo ID for entry. In addition, any person may, upon at this same location. request, inspect the application, notice FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The FAA and other documents germane to the Mary F. Sweeney, DTAG Secretariat, proposes to rule and invites public application in person at the Eugene U.S. Department of State, Office of comment on the application 05–07–C– Airport—Mahlon Sweet Field Airport. Defense Trade Controls Management 00–EUG to impose and use PFC revenue Issued in Renton, Washington on March (PM/DTCM), Room 1200, SA–1, at Eugene Airport, Mahlon Sweet Field, 21, 2005. Washington, DC 20522–0112, (202) 663– under the provisions of 49 U.S.C. 40117 2865, FAX (202) 663–261–8199. and part 158 of the Federal Aviation David A. Field, Regulations (14 CFR part 158). Manager, Planning, Programming and Dated: March 22, 2005. On March 21, 2005, the FAA Capacity Branch, Northwest Mountain Michael T. Dixon, determined that the application to Region. Executive Secretary, Defense Trade Advisory impose and use the revenue from a PFC [FR Doc. 05–5964 Filed 3–25–05; 8:45 am] Group, Department of State. submitted by City of Eugene, Eugene BILLING CODE 4910–13–M [FR Doc. 05–6055 Filed 3–25–05; 8:45 am] Airport—Mahlon Sweet Field, Eugene, BILLING CODE 4710–25–P Oregon, was substantially complete within the requirements of section 158.25 of part 158. The FAA will approve or disapprove the application,

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DEPARTMENT OF TRANSPORTATION within the requirements of § 158.25 of Pennsylvania Avenue, NW., part 158. The FAA will approve or Washington, DC 20220. Federal Aviation Administration disapprove the application, in whole or DATES: Written comments should be in part, no later than June 22, 2005. received on or before April 27, 2005 to Notice of Intent To Rule on Application The following is a brief overview of be assured of consideration. (#05–04–C–00–COD) To Impose and the application. Use the Revenue From a Passenger Level of the proposed PFC: $4.50. Financial Crimes Enforcement Network Facility Charge (PFC) at Yellowstone Proposed charge effective date: July 1, (FinCEN) Regional Airport, Submitted By the 2005. OMB Number: 1506–0009. Joint Powers Board, Yellowstone Proposed charge expiration date: Form Number: TD F 90–22.1. Regional Airport, Cody, WY September 1, 2006. Type of Review: Extension. Title: Financial Record-keeping and AGENCY: Federal Aviation Total requested for use approval: Administration (FAA), DOT. $220,000.00. Reporting and Report of Foreign Bank Brief description of proposed projects: and Financial Accounts. ACTION: Notice of intent to rule on Terminal area study (Phase I), Description: The Bank Secrecy Act application. environmental assessment of midfield authorizes Treasury to require financial SUMMARY: The FAA proposes to rule and terminal, passenger facility charge institutions and individuals to keep invites public comment on the consulting services. records and file reports that the application to impose and use PFC Class or classes of air carriers which Treasury determines have a high degree revenue at Yellowstone Regional the public agency has requested not be of usefulness in criminal, tax, or Airport under the provisions of 49 required to collect PFC’s: Non- regulatory matters, or to protect against U.S.C. 40117 and part 158 of the Federal scheduled on-demand air carriers filing international terrorism. Aviation Regulations (14 CFR part 158). FAA Form 1800–31. Respondents: Business or other for- Any person may inspect the profit, Individuals or households, Not- DATES: Comments must be received on for-profit Institutions. or before April 27, 2005. application in person at the FAA office listed above under FOR FURTHER Estimated Number of Respondents/ ADDRESSES: Comments on this INFORMATION CONTACT and at the FAA Recordkeepers: 13,000,000. application may be mailed or delivered Regional Airports Office located at: Estimated Burden Hours Per in triplicate to the FAA at the following Federal Aviation Administration, Respondent/Recordkeeper: Varies. address: Craig A. Sparks, Manager; Northwest Mountain Region, Airports Frequency of Response: On Occasion. Denver Airports District Office, DEN– Division, ANM–600, 1601 Lind Avenue Estimated Total Reporting/ ADO; Federal Aviation Administration; SW., Suite 315, Renton, WA 98055– Recordkeeping Burden: 10,942,392 26805 E. 68th Avenue, Suite 224; 4056. hours. Denver, CO 80249–6361. In addition, any person may, upon Clearance Officer: Steve Rudzinski, In addition, one copy of any request, inspect the application, notice Financial Crimes Enforcement Network, comments submitted to the FAA must and other documents germane to the 2070 Chain Bridge Road, Suite 200, be mailed or delivered to Mr. Michael application in person at the Yellowstone Vienna, VA 22182, (703) 905–3845. L. Becker, Airport Manager, at the Regional Airport. OMB Reviewer: Joseph F. Lackey, Jr., following address: Yellowstone Office of Management and Budget, Regional Airport, 3001 Duggleby Drive, Issued in Renton, Washington on March Room 10235, New Executive Office Cody, WY 82414. 21, 2005. Building, Washington, DC 20503, (202) Air carriers and foreign air carriers David A. Field, 395–7316. may submit copies of written comments Manager, Planning, Programming and Christopher L. Davis, previously provided to Yellowstone Capacity Branch, Northwest Mountain Regional Airport, under section 158.23 Region. Treasury PRA Assistant. of part 158. [FR Doc. 05–5963 Filed 3–25–05; 8:45 am] [FR Doc. 05–6047 Filed 3–25–05; 8:45 am] BILLING CODE 4810–02–P FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 4910–13–M Chris Schaffer, (303) 342–1258; Denver Airports District Office, DEN–ADO; DEPARTMENT OF THE TREASURY Federal Aviation Administration; 26805 DEPARTMENT OF THE TREASURY 68th Avenue, Suite 224; Denver, CO Internal Revenue Service 80249–6361. The application may be Submission for OMB Review; reviewed in person at this same Comment Request Proposed Collection; Comment location. March 22, 2005. Request for Forms 1042, 1042–S, and 1042–T SUPPLEMENTARY INFORMATION: The FAA The Department of Treasury has proposes to rule and invites public submitted the following public AGENCY: Internal Revenue Service (IRS), comment on the application (#05–04–C– information collection requirement(s) to Treasury. 00–COD) to impose and use PFC OMB for review and clearance under the ACTION: Notice and request for revenue at Yellowstone Regional Paperwork Reduction Act of 1995, comments. Airport, under the provisions of 49 Public Law 104–13. Copies of the U.S.C. 40117 and part 158 of the Federal submission(s) may be obtained by SUMMARY: The Department of the Aviation Regulations (14 CFR part 158). calling the Treasury Bureau Clearance Treasury, as part of its continuing effort On March 21, 2005, the FAA Officer listed. Comments regarding this to reduce paperwork and respondent determined that the application to information collection should be burden, invites the general public and impose and use the revenue from a PFC addressed to the OMB reviewer listed other Federal agencies to take this submitted by the Joint Powers Board, and to the Treasury Department opportunity to comment on proposed Yellowstone Regional Airport, Cody, Clearance Officer, Department of the and/or continuing information Wyoming, was substantially complete Treasury, Room 11000, 1750 collections, as required by the

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Paperwork Reduction Act of 1995, The following paragraph applies to all Public Law 104–13(44 U.S.C. Public Law 104–13 (44 U.S.C. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is 3506(c)(2)(A)). Currently, the IRS is by this notice: soliciting comments concerning an soliciting comments concerning Form An agency may not conduct or sponsor, existing final regulation, CO–49–88 (TD 1042, Annual Withholding Tax Return and a person is not required to respond to, 8546), Limitations on Corporate Net for U.S. Source Income of Foreign a collection of information unless the Operating Loss (§ 1.382–6). Persons, Form 1042–S, Foreign Person’s collection of information displays a valid DATES: Written comments should be U.S. Source Income Subject to OMB control number. received on or before May 27, 2005, to Withholding, and Form 1042–T, Annual Books or records relating to a collection be assured of consideration. Summary and Transmittal of Forms of information must be retained as long ADDRESSES: Direct all written comments 1042–S. as their contents may become material to Glenn Kirkland, Internal Revenue DATES: Written comments should be in the administration of any internal Service, room 6512, 1111 Constitution received on or before May 27, 2005 to revenue law. Generally, tax returns and Avenue NW., Washington, DC 20224. be assured of consideration. tax return information are confidential, FOR FURTHER INFORMATION CONTACT: ADDRESSES: Direct all written comments as required by 26 U.S.C. 6103. Requests for additional information or to Glenn Kirkland, Internal Revenue Request for Comments: Comments copies of the regulations should be Service, room 6516, 1111 Constitution submitted in response to this notice will directed to Larnice Mack at Internal Avenue, NW., Washington, DC 20224. be summarized and/or included in the Revenue Service, room 6512, 1111 request for OMB approval. All Constitution Avenue, NW., Washington, FOR FURTHER INFORMATION CONTACT: comments will become a matter of DC 20224, or at (202) 622–3179, or Requests for additional information or public record. Comments are invited on: copies of the form and instructions through the internet at (a) Whether the collection of ([email protected]). should be directed to Allan Hopkins, at information is necessary for the proper SUPPLEMENTARY INFORMATION: (202) 622–6665, or at Internal Revenue performance of the functions of the Title: Limitations on Corporate Net Service, room 6516, 1111 Constitution agency, including whether the Operating Loss. Avenue NW., Washington, DC 20224, or information shall have practical utility; OMB Number: 1545–1381. through the Internet at (b) the accuracy of the agency’s estimate [email protected]. Regulation Project Number: CO–49– of the burden of the collection of 88. SUPPLEMENTARY INFORMATION: information; (c) ways to enhance the Abstract: This regulation provides Title: Form 1042, Annual quality, utility, and clarity of the rules for the allocation of a loss Withholding Tax Return for U.S. Source information to be collected; (d) ways to corporation’s taxable income or net Income of Foreign Persons, Form 1042– minimize the burden of the collection of operating loss between the periods S, Foreign Person’s U.S. Source Income information on respondents, including before and after ownership change Subject to Withholding, and Form through the use of automated collection under section 382 of the Internal 1042–T, Annual Summary and techniques or other forms of information Revenue Code, including an election to Transmittal of Forms 1042–T. technology; and (e) estimates of capital make the allocation based on a closing OMB Number: 1545–0096. or start-up costs and costs of operation, of the books as of the change date. Form Numbers: 1042, 1042–S, and maintenance, and purchase of services Current Actions: There is no change to 1042–T. to provide information. this existing regulation. Abstract: Form 1042 is used by Approved: March 21, 2005. Type of Review: Extension of withholding agents to report tax Glenn Kirkland, currently approved collection. withheld at source on payment of IRS Reports Clearance Officer. Affected Public: Business or other for- certain income paid to nonresident alien [FR Doc. E5–1369 Filed 3–25–05; 8:45 am] profit organizations. Estimated Number of Respondents: individuals, foreign partnerships, or BILLING CODE 4830–01–P foreign corporations. The IRS uses this 2,000. information to verify that the correct Estimated Time Per Respondent: 0.1 amount of tax has been withheld and DEPARTMENT OF THE TREASURY hours. paid to the United States. Form 1042– Estimated Total Annual Burden S is used to report certain income and Internal Revenue Service Hours: 200. The following paragraph applies to all tax withheld information to nonresident [CO–49–88] alien payees and beneficial owners. of the collections of information covered Form 1042–T is used by withholding Proposed Collection; Comment by this notice: An agency may not conduct or agents to transmit Forms 1042–S to the Request for Regulation Project IRS. sponsor, and a person is not required to AGENCY: respond to, a collection of information Current Actions: There are no changes Internal Revenue Service (IRS), unless the collection of information being made to these forms at this time. Treasury. displays a valid OMB control number. Type of Review: Extension of a ACTION: Notice and request for comments. Books or records relating to a currently approved collection. collection of information must be Affected Public: Business or other for SUMMARY: The Department of the retained as long as their contents may profit organizations and individuals or Treasury, as part of its continuing effort become material in the administration households. to reduce paperwork and respondent of any internal revenue law. Generally, Estimated Number of Respondents: burden, invites the general public and tax returns and tax return information 22,000. other Federal agencies to take this are confidential, as required by 26 Estimated Time Per Respondent: 48 opportunity to comment on proposed U.S.C. 6103. hours, 2 minutes. and/or continuing information Request For Comments: Comments Estimated Total Annual Burden collections, as required by the submitted in response to this notice will Hours: 1,056,940. Paperwork Reduction Act of 1995, be summarized and/or included in the

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request for OMB approval. All Service, room 6516, 1111 Constitution or start-up costs and costs of operation, comments will become a matter of Avenue, NW., Washington, DC 20224, maintenance, and purchase of services public record. Comments are invited on: or through the internet, at to provide information. (a) Whether the collection of [email protected]. Approved: March 21, 2005. information is necessary for the proper SUPPLEMENTARY INFORMATION: Glenn Kirkland, performance of the functions of the Title: Instructions for Requesting IRS Reports Clearance Officer. agency, including whether the Rulings and Determination Letters. information shall have practical utility; [FR Doc. E5–1371 Filed 3–25–05; 8:45 am] OMB Number: 1545–0819. BILLING CODE 4830–01–P (b) the accuracy of the agency’s estimate Regulation Project Number: 26 CFR of the burden of the collection of 601.201. information; (c) ways to enhance the Abstract: The IRS issues rulings DEPARTMENT OF THE TREASURY quality, utility, and clarity of the letters and determination letters to information to be collected; (d) ways to taxpayers interpreting and applying the Internal Revenue Service minimize the burden of the collection of tax laws to a specific set of facts. The information on respondents, including procedural regulations set forth the Proposed Collection; Comment through the use of automated collection instructions for requesting ruling and Request for Revenue Procedure 2002– techniques or other forms of information determination letters. 16 technology; and (e) estimates of capital Current Actions: There is no change to AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, the collection of information in this Treasury. maintenance, and purchase of services existing regulation. to provide information. Type of Review: Extension of a ACTION: Notice and request for Approved: March 18, 2005. currently approved collection. comments. Glenn Kirkland, Affected Public: All taxpayers. SUMMARY: Estimated Number of Respondents: The Department of the IRS Reports Clearance Officer. Treasury, as part of its continuing effort [FR Doc. E5–1370 Filed 3–25–05; 8:45 am] 271,914. Estimated Time Per Respondent: The to reduce paperwork and respondent BILLING CODE 4830–01–P estimated annual burden per respondent burden, invites the general public and various from 15 minutes to 1 hour, other Federal agencies to take this opportunity to comment on proposed DEPARTMENT OF THE TREASURY depending on individual circumstances, with an estimated of 55 minutes. and/or continuing information collections, as required by the Internal Revenue Service Estimated Total Annual Burden Hours: 248,496. Paperwork Reduction Act of 1995, [Regulation Section 601.201] The following paragraph applies to all Public Law 104–13 (44 U.S.C. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Proposed Collection; Comment soliciting comments concerning Request for Regulation Project by this notice: An agency may not conduct or Revenue Procedure 2002–16, Optional AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to Election to Make Monthly Section 706 Treasury. respond to, a collection of information Allocations. ACTION: Notice and request for unless the collection of information DATES: Written comments should be comments. displays a valid OMB control number. received on or before May 27, 2005, to Books or records relating to a collection be assured of consideration. SUMMARY: The Department of the of information must be retained as long ADDRESSES: Direct all written comments Treasury, as part of its continuing effort as their contents may become material to Glenn Kirkland, Internal Revenue to reduce paperwork and respondent in the administration of any internal Service, room 6516, 1111 Constitution burden, invites the general public and revenue law. Generally, tax returns and Avenue, NW., Washington, DC 20224. other Federal agencies to take this tax return information are confidential, FOR FURTHER INFORMATION CONTACT: opportunity to comment on proposed as required by 26 U.S.C. 6103. and/or continuing information Requests for additional information or Request For Comments: Comments copies of the regulations should be collections, as required by the submitted in response to this notice will Paperwork Reduction Act of 1995, directed to Larnice Mack at Internal be summarized and/or included in the Revenue Service, room 6512, 1111 Public Law 104–13 (44 U.S.C. request for OMB approval. All 3506(c)(2)(A)). Currently, the IRS is Constitution Avenue, NW., Washington, comments will become a matter of DC 20224, or at (202) 622–3179, or soliciting comments concerning an public record. Comments are invited on: existing regulation, 26 CFR 601.201, through the Internet at (a) Whether the collection of [email protected]. Instructions for Requesting Rulings and information is necessary for the proper Determination Letters. performance of the functions of the SUPPLEMENTARY INFORMATION: DATES: Written comments should be agency, including whether the Title: Optional Election to Make received on or before May 27, 2005 to information shall have practical utility; Monthly Section 706 Allocations. be assured of consideration. (b) the accuracy of the agency’s estimate OMB Number: 1545–1768. ADDRESSES: Direct all written comments of the burden of the collection of Revenue Procedure Number: Revenue to Glenn Kirkland, Internal Revenue information; (c) ways to enhance the Procedure 2002–16. Service, room 6516, 1111 Constitution quality, utility, and clarity of the Abstract: Revenue Procedure 2002–16 Avenue NW., Washington, DC 20224. information to be collected; (d) ways to allows certain partnerships with money FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of market fund partners to make an Requests for additional information or information on respondents, including optional election to close the copies of the information collection through the use of automated collection partnership’s books on a monthly basis should be directed to Allan Hopkins, at techniques or other forms of information with respect to the money market fund (202) 622–6665, or at Internal Revenue technology; and (e) estimates of capital partners.

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Current Actions: There are no changes ACTION: Notice and request for respond to, a collection of information being made to the revenue procedure at comments. unless the collection of information this time. displays a valid OMB control number. Type of Review: Extension of a SUMMARY: The Department of the Books or records relating to a collection currently approved collection. Treasury, as part of its continuing effort of information must be retained as long Affected Public: Business or other for- to reduce paperwork and respondent as their contents may become material profit organizations. burden, invites the general public and in the administration of any internal Estimated Number of Respondents/ other Federal agencies to take this revenue law. Generally, tax returns and Recordkeepers: 1,000. opportunity to comment on proposed tax return information are confidential, Estimated Time Per Respondent/ and/or continuing information as required by 26 U.S.C. 6103. Recordkeeper: 12 hours. collections, as required by the Estimated Total Annual Reporting/ Paperwork Reduction Act of 1995, Request For Comments: Comments Recordkeeping Hours: 12,000. Public Law 104–13 (44 U.S.C. submitted in response to this notice will The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is be summarized and/or included in the the collections of information covered soliciting comments concerning an request for OMB approval. All by this notice: existing final regulation, REG–209484– comments will become a matter of An agency may not conduct or 87 (TD 8814), Federal Insurance public record. Comments are invited on: sponsor, and a person is not required to Contributions Act (FICA) Taxation of (a) Whether the collection of respond to, a collection of information Amounts Under Employee Benefit Plans information is necessary for the proper unless the collection of information (§ 31.3121(v)(2)-1). performance of the functions of the displays a valid OMB control number. DATES: Written comments should be agency, including whether the Books or records relating to a collection received on or before May 27, 2005, to information shall have practical utility; of information must be retained as long be assured of consideration. (b) the accuracy of the agency’s estimate as their contents may become material ADDRESSES: Direct all written comments of the burden of the collection of in the administration of any internal to Glenn Kirkland, Internal Revenue information; (c) ways to enhance the revenue law. Generally, tax returns and Service, room 6512, 1111 Constitution quality, utility, and clarity of the tax return information are confidential, Avenue, NW., Washington, DC 20224. information to be collected; (d) ways to as required by 26 U.S.C. 6103. minimize the burden of the collection of FOR FURTHER INFORMATION CONTACT: Request For Comments: Comments information on respondents, including Requests for additional information or submitted in response to this notice will through the use of automated collection copies of the regulations should be be summarized and/or included in the techniques or other forms of information directed to Larnice Mack at Internal request for OMB approval. All technology; and (e) estimates of capital Revenue Service, room 6512, 1111 comments will become a matter of or start-up costs and costs of operation, Constitution Avenue, NW., Washington, public record. Comments are invited on: maintenance, and purchase of services DC 20224, or at (202)622–3179, or (a) Whether the collection of to provide information. through the Internet at information is necessary for the proper Approved: March 18, 2005. performance of the functions of the [email protected]. agency, including whether the SUPPLEMENTARY INFORMATION: Glenn Kirkland, information shall have practical utility; Title: Federal Insurance Contributions IRS Reports Clearance Officer. (b) the accuracy of the agency’s estimate Act (FICA) Taxation of Amounts Under [FR Doc. E5–1375 Filed 3–25–05; 8:45 am] of the burden of the collection of Employee Benefits Plan. BILLING CODE 4830–01–P information; (c) ways to enhance the OMB Number: 1545–1643. quality, utility, and clarity of the Regulation Project Number: REG– information to be collected; (d) ways to 209484–87. DEPARTMENT OF THE TREASURY minimize the burden of the collection of Abstract: This regulation provides information on respondents, including guidance as to when amounts deferred Internal Revenue Service through the use of automated collection under or paid from a nonqualified deferred compensation plan are taken Proposed Collection; Comment techniques or other forms of information Request for Form 3115 technology; and (e) estimates of capital into account as wages for purposes of or start-up costs and costs of operation, the employment taxes imposed by the Federal Insurance Compensation Act AGENCY: Internal Revenue Service (IRS), maintenance, and purchase of services Treasury. to provide information. (FICA). Current Actions: There is no change to ACTION: Approved: March 16, 2005. Notice and request for this existing regulation. comments. Glenn Kirkland, Type of Review: Extension of IRS Reports Clearance Officer. currently approved collection. Affected Public: Business or other for- SUMMARY: The Department of the [FR Doc. E5–1374 Filed 3–25–05; 8:45 am] Treasury, as part of its continuing effort BILLING CODE 4830–01–P profit organizations and not-for-profit institutions. to reduce paperwork and respondent Estimated Number of Respondents: burden, invites the general public and DEPARTMENT OF THE TREASURY 2,500. other Federal agencies to take this Estimated Time Per Respondent: 5 opportunity to comment on proposed Internal Revenue Service hours. and/or continuing information Estimated Total Annual Burden collections, as required by the [REG–209484–87] Hours: 12,500. Paperwork Reduction Act of 1995, Proposed Collection; Comment The following paragraph applies to all Public Law 104–13 (44 U.S.C. Request for Regulation Project of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is by this notice: soliciting comments concerning Form AGENCY: Internal Revenue Service (IRS), An agency may not conduct or 3115, Application for Change in Treasury. sponsor, and a person is not required to Accounting Method.

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DATES: Written comments should be of the burden of the collection of would not modify the interagency received on or before May 27, 2005, to information; (c) ways to enhance the classification of retail credit as stated in be assured of consideration. quality, utility, and clarity of the the ‘‘Uniform Retail Credit ADDRESSES: Direct all written comments information to be collected; (d) ways to Classification and Account Management to Glenn Kirkland, Internal Revenue minimize the burden of the collection of Policy Statement,’’ issued in February Service, room 6516, 1111 Constitution information on respondents, including 2000. However, by creating a new Avenue, NW., Washington, DC 20224. through the use of automated collection treatment for commercial loan FOR FURTHER INFORMATION CONTACT: techniques or other forms of information exposures, the proposed framework Requests for additional information or technology; and (e) estimates of capital would modify Part I of the ‘‘Revised copies of the form and instructions or start-up costs and costs of operation, Uniform Agreement on the should be directed to Allan Hopkins, at maintenance, and purchase of services Classification of Assets and Appraisal of (202) 622–6665, or at Internal Revenue to provide information. Securities Held by Banks and Thrifts’ Service, room 6516, 1111 Constitution Approved: March 18, 2005. issued in June 2004. Avenue, NW., Washington, DC 20224, Glenn Kirkland, This proposal is intended to enhance the methodology used to systematically or through the Internet, at IRS Reports Clearance Officer. [email protected]. assess the level of credit risk posed by [FR Doc. E5–1376 Filed 3–25–05; 8:45 am] individual commercial extensions of SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P credit and the level of an institution’s Title: Application for Change in aggregate commercial credit risk. Accounting Method. DATES: OMB Number: 1545–0152. DEPARTMENT OF THE TREASURY Comments must be received by Form Number: 3115. June 30, 2005. Abstract: Form 3115 is used by Office of the Comptroller of the ADDRESSES: Interested parties are taxpayers who wish to change their Currency invited to submit written comments to method of computing their taxable [Docket No. 05–08] any or all of the agencies. All comments income. The form is used by the IRS to will be shared among the agencies. determine if electing taxpayers have met Office of Thrift Supervision Comments should be directed to: the requirements and are able to change OCC: You should include OCC and [No. 2005–14] to the method requested. Docket Number 05–08 in your comment. You may submit comments by any of Current Actions: There are no changes FEDERAL RESERVE SYSTEM being made to the form at this time. the following methods: Type of Review: Extension of a [Docket No. OP–1227] • Federal eRulemaking Portal: http:// currently approved collection. www.regulations.gov. Follow the Affected Public: Business or other for- FEDERAL DEPOSIT INSURANCE instructions for submitting comments. profit organizations, individuals, not- CORPORATION • OCC Web Site: http:// www.occ.treas.gov. Click on ‘‘Contact for-profit organizations, and farms. Interagency Proposal on the the OCC,’’ scroll down and click on Estimated Number of Respondents: Classification of Commercial Credit ‘‘Comments on Proposed Regulations.’’ 25,000. Exposures Estimated Time Per Respondent: 53 • E-mail address: hrs., 33 min. AGENCIES: Office of the Comptroller of [email protected]. Estimated Total Annual Burden the Currency, Treasury, (OCC); Board of • Fax: (202) 874–4448. Hours: 1,388,850. Governors of the Federal Reserve • Mail: Office of the Comptroller of The following paragraph applies to all System (Board); Federal Deposit the Currency, 250 E Street, SW., Mail of the collections of information covered Insurance Corporation (FDIC); and Stop 1–5, Washington, DC 20219. by this notice: Office of Thrift Supervision, Treasury, • Hand Delivery/Courier: 250 E An agency may not conduct or (OTS). Street, SW., Attn: Public Information sponsor, and a person is not required to ACTION: Joint notice and request for Room, Mail Stop 1–5, Washington, DC respond to, a collection of information comment. 20219. unless the collection of information Instructions: All submissions received displays a valid OMB control number. SUMMARY: The OCC, Board, FDIC, and must include the agency name (OCC) Books or records relating to a collection OTS (the agencies) request comment on and docket number or Regulatory of information must be retained as long their proposal to revise the classification Information Number (RIN) for this as their contents may become material system for commercial credit exposures. notice of proposed rulemaking. In in the administration of any internal The proposal will replace the current general, OCC will enter all comments revenue law. Generally, tax returns and commercial loan classification system received into the docket without tax return information are confidential, categories ‘‘special mention,’’ change, including any business or as required by 26 U.S.C. 6103. ‘‘substandard,’’ and ‘‘doubtful’’ with a personal information that you provide. Request for Comments: Comments two-dimensional based framework. The You may review comments and other submitted in response to this notice will proposed framework would be used by related materials by any of the following be summarized and/or included in the institutions and supervisors for the methods: request for OMB approval. All uniform classification of commercial • Viewing Comments Personally: You comments will become a matter of and industrial loans; leases; receivables; may personally inspect and photocopy public record. Comments are invited on: mortgages; and other extensions of comments at the OCC’s Public (a) Whether the collection of credit made for business purposes by Information Room, 250 E Street, SW., information is necessary for the proper federally insured depository institutions Washington, DC. You can make an performance of the functions of the and their subsidiaries (institutions), appointment to inspect comments by agency, including whether the based on an assessment of borrower calling (202) 874–5043. information shall have practical utility; creditworthiness and estimated loss • Viewing Comments Electronically: (b) the accuracy of the agency’s estimate severity. The proposed framework You may request e-mail or CD–ROM

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copies of comments that the OCC has • E-mail: Corporation, 550 17th Street. NW., received by contacting the OCC’s Public [email protected]. Please Washington, DC 20429. Information Room at include No. 2005–14 in the subject line OTS: William J. Magrini, Senior [email protected]. of the message, and include your name Project Manager, (202) 906–5744, • Docket: You may also request and telephone number in the message. Supervision Policy, Office of Thrift available background documents and • Fax: (202) 906–6518. Supervision, 1700 G Street, NW., project summaries using the methods • Mail: Regulation Comments, Chief Washington, DC 20552. described above. Counsel’s Office, Office of Thrift SUPPLEMENTARY INFORMATION: Board: You may submit comments, Supervision, 1700 G Street, NW., identified by Docket Number OP–1227, Washington, DC 20552, Attention: No. Background Information by any of the following methods: 2005–14. The Uniform Agreement on the • Agency Web Site: http:// • Hand Delivery/Courier: Guard’s Classification of Assets and Appraisal of www.federalreserve.gov. Follow the Desk, East Lobby Entrance, 1700 G Securities Held by Banks (current instructions for submitting comments Street, NW., from 9 a.m. to 4 p.m. on classification system 1) was originally on the http://www.federalreserve.gov/ business days, Attention: Regulation issued in 1938. The current generalinfo/foia/ProposedRegs.cfm. • Comments, Chief Counsel’s Office, classification system was revised in Federal eRulemaking Portal: http:// Attention: No. 2005–14. 1949, again in 1979,2 and most recently www.regulations.gov. Follow the Instructions: All submissions received in 2004. Separately in 1993, the instructions for submitting comments. must include the agency name and agencies adopted a common definition • E-mail: document number or Regulatory of the special mention rating. The [email protected]. current classification system is used by Include docket number in the subject Information Number (RIN) for this line of the message. notice. All comments received will be both regulators and institutions to • FAX: 202–452–3819 or 202–452– posted without change to http:// measure the level of credit risk in 3102. www.ots.treas.gov/ commercial loan portfolios, benchmark • Mail: Jennifer J. Johnson, Secretary, pagehtml.cfm?catNumber=67&an=1, credit risk across institutions, assess the Board of Governors of the Federal including any personal information adequacy of an institution’s capital and Reserve System, 20th Street and provided. allowance for loan and lease losses Constitution Avenue, NW., Washington, Docket: For access to the docket to (ALLL), and evaluate an institution’s DC 20551. read background documents or ability to accurately identify and All public comments are available comments received, go to http:// evaluate the level of credit risk posed by from the Board’s Web site at http:// www.ots.treas.gov/ commercial exposures. www.federalreserve.gov/generalinfo/ pagehtml.cfm?catNumber=67&an=1. In The current classification system foia/ProposedRegs.cfm as submitted, addition, you may inspect comments at focuses primarily on borrower except as necessary for technical the Public Reading Room, 1700 G Street, weaknesses and the possibility of loss reasons. Accordingly, your comments NW., by appointment. To make an without specifying how factors that will not be edited to remove any appointment for access, call (202) 906– mitigate the loss, such as collateral and identifying or contact information. 5922, send an e-mail to guarantees, should be considered in the Public comments may also be viewed [email protected], or send a electronically or in paper in Room MP– facsimile transmission to (202) 906– 1 The supervisory categories currently used by the 500 of the Board’s Martin Building (20th 7755. (Prior notice identifying the agencies are: Special Mention: A ‘‘special mention’’ asset has and C Streets, N.W.) between 9 a.m. and materials you will be requesting will potential weaknesses that deserve management’s 5 p.m. on weekdays. assist us in serving you.) We schedule close attention. If left uncorrected, these potential FDIC: You may submit comments by appointments on business days between weaknesses may result in deterioration of the any of the following methods: 10 a.m. and 4 p.m. In most cases, repayment prospects for the asset or in the • Agency Web Site: http:// institution’s credit position at some future date. appointments will be available the next Special mention assets are not adversely classified www.fdic.gov/regulations/laws/federal/ business day following the date we and do not expose an institution to sufficient risk propose.html. Follow instructions for receive a request. to warrant adverse classification. submitting comments on the Agency FOR FURTHER INFORMATION CONTACT: Substandard: A ‘‘substandard’’ asset is inadequately protected by the current sound worth Web site. OCC: Daniel Bailey, National Bank • E-mail: [email protected]. and paying capacity of the obligor or by the • Mail: Robert E. Feldman, Executive Examiner, Credit Risk Division, (202) collateral pledged, if any. Assets so classified must have a well-defined weakness, or weaknesses that Secretary, Attention: Comments, Federal 874–5170, Office of the Comptroller of the Currency, 250 E Street, SW., jeopardize the liquidation of the debt. They are Deposit Insurance Corporation, 550 17th characterized by the distinct possibility that the Street, NW., Washington, DC 20429. Washington, DC 20219. institution will sustain some loss if the deficiencies • Hand Delivery/Courier: Guard Board: Robert Walker, Senior are not corrected. station at the rear of the 550 17th Street Supervisory Financial Analyst, Credit Doubtful: An asset classified ‘‘doubtful’’ has all Risk, (202) 452–3429, Division of the weaknesses inherent in one classified Building (located on F Street) on substandard with the added characteristic that the business days between 7 a.m. and 5 p.m. Banking Supervision and Regulation, weaknesses make collection or liquidation in full, Instructions: All comments received Board of Governors of the Federal on the basis of currently known facts, conditions, will be posted without change to Reserve System. For the hearing and values, highly questionable and improbable. http://www.fdic.gov/regulations/laws/ impaired only, Telecommunication Loss: An asset classified ‘‘loss’’ is considered Device for the Deaf (TDD), (202) 263– uncollectible, and of such little value that its federal/propose.html including any continuance on the books is not warranted. This personal information provided. 4869, Board of Governors of the Federal classification does not mean that the asset has OTS: You may submit comments, Reserve System, 20th and C Streets absolutely no recovery or salvage value, but rather identified by No. 2005–14, by any of the NW., Washington, DC 20551. it is not practical or desirable to defer writing off following methods: FDIC: Kenyon Kilber, Senior this basically worthless asset event though partial • recovery may be affected in the future. Federal eRulemaking Portal: http:// Examination Specialist, (202) 898–8935, 2 The Federal Home Loan Bank Board, the www.regulations.gov. Follow the Division of Supervision and Consumer predecessor of the OTS, adopted the Uniform instructions for submitting comments. Protection, Federal Deposit Insurance Agreement in 1987.

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rating assignment. This has led to institutions of all sizes will be able to those asset quality benchmarks are differing applications of the current apply the approach. defined. classification system by institutions and The proposed framework aligns the Borrower Ratings the agencies. determination of a facility’s accrual Under the current classification status, partial charge-off and ALL Marginal system, rating differences between an treatment with the rating assignment A ‘‘marginal’’ borrower exhibits institution and its supervisor commonly process. The current framework does material negative financial trends due to arise when, despite a borrower’s well- not provide a link between these company-specific or systemic defined credit weaknesses, risk important determinations and a conditions. If these potential mitigants such as collateral and the facility’s assignment to a supervisory weaknesses are not mitigated, they facility’s structure reduce the category. The proposed framework threaten the borrower’s capacity to meet institution’s risk of incurring a loss. The leverages off many determinations and its debt obligations. Marginal borrowers current classification system does not estimates management must already still demonstrate sufficient financial adequately address how, when rating an make to comply with generally accepted flexibility to react to and positively asset, to reconcile the risk of the accounting principles (GAAP). As a address the root cause of the adverse borrower’s default with the estimated result, financial institutions should financial trends without significant loss severity of the particular facility. As benefit from a more efficient assessment deviations from their current business a result, the system dictates that process and improved clarity. strategy. Their potential weaknesses transactions with significantly different This proposed framework, if adopted, deserve institution management’s close levels of expected loss receive the same would apply to all regulated financial attention and warrant enhanced rating. This limits the effectiveness of institutions and their operating monitoring. the current classification system in subsidiaries supervised by the agencies. A marginal borrower exhibits measuring an institution’s credit risk Institutions will be provided transition potential weaknesses, which may, if not exposure. time to become familiar with the checked or corrected, negatively affect To address these limitations, the proposal and to implement the the borrower’s financial capacity and agencies are proposing a two- framework for their commercial loan threaten its ability to fulfill its debt dimensional rating framework portfolios. In addition, the agencies will obligations. (proposed framework) that considers a need to review the existing The existence of adverse economic or borrower’s capacity to meet its debt classification guidance for specialized market conditions that are likely to obligations separately from the facility lending activities, such as commercial affect the borrower’s future financial characteristics that influence loss real estate lending, to reflect the capacity may support a ‘‘marginal’’ severity. By differentiating between proposed rating framework. The text of borrower rating. An adverse trend in the these two factors, a more precise the proposed framework statement borrower’s operations or balance sheet, measure of an institution’s level of follows below. which has not reached a point where credit risk is achieved. Uniform Agreement on the default is likely, may warrant a The proposal includes three borrower Classification of Commercial Credit ‘‘marginal’’ borrower rating. The rating rating categories, ‘‘marginal,’’ ‘‘weak’’ Exposures should also be used for borrowers that and ‘‘default.’’ Facility ratings would be have made significant progress in required only for those borrowers rated This agreement applies to the resolving their financial weaknesses but default (i.e. borrowers with a facility assessment of all commercial credit still exhibit characteristics inconsistent placed on nonaccrual or fully or exposures both on and off an with a ‘‘pass’’ rating. partially charged off). Typically, this is institution’s balance sheet. An a very small proportion of all institution’s management is encouraged Weak commercial exposures. For borrowers to differentiate borrowers and facilities A ‘‘weak’’ borrower does not possess not rated default, institutions would beyond the requirements of this the current sound worth and payment have the option of assigning the facility framework by developing its own risk capacity of a creditworthy borrower. ratings as discussed in the proposed rating system. Institutions may Borrowers rated weak exhibit well- framework. incorporate this framework into their defined credit weaknesses that The agencies believe that this internal risk rating systems or, jeopardize their continued performance. flexibility will allow institutions with alternatively, they may map their The weaknesses are of a severity that the both one-dimensional and two- internal rating system into the distinct possibility of the borrower dimensional internal risk rating systems supervisory framework. Note that this defaulting exists. to adopt the proposed framework. framework does not apply to Borrowers included in this category Under the current classification system, commercial credit exposures in the form are those with weaknesses that are institutions with two-dimensional of securities. beyond the requirements of routine internal credit rating systems have The framework is built upon two lender oversight. These weaknesses encountered problems translating their distinct ratings: affect the ability of the borrower to internal ratings into the supervisory • Borrower 3 rating—rates the fulfill its obligations. Weak borrowers categories. borrower’s capacity to meet financial exhibit adverse trends in their The agencies also propose to adopt obligations. operations or balance sheets of a common definitions for the ‘‘criticized’’ • Facility rating—rates a facility’s severity that makes it questionable that and ‘‘classified’’ asset quality estimated loss severity. they will be able to fulfill their benchmarks. When combined, these two ratings obligations, thus making default likely. In this proposed framework, the determine whether the exposure will be Illustrative adverse conditions that may agencies have sought to minimize a ‘‘criticized’’ or ‘‘classified’’ asset, as warrant a borrower rating of ‘‘weak’’ complexity and supervisory burden. include an insufficient level of cash The agencies believe that the proposed 3 Borrower means any obligor or counterparty in flow compared to debt service needs; a framework attains these goals and that a credit exposure, both on and off the balance sheet. highly leveraged balance sheet; a loss of

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access to the capital markets; adverse below (see ‘‘Treatment of Asset-Based Loss severity Loss severity estimate industry and/or economic conditions category Lending Activities.’’) that the borrower is poorly positioned to Moderate Loss Severity withstand; or a substantial deterioration Remote Risk of 0%. Loss. in the borrower’s operating margins. A The ‘‘moderate loss severity’’ rating Low ...... <=5% of recorded invest- only applies to exposures to borrowers ‘‘weak’’ rating is inappropriate for any 6 ment . rated default. Loss severity is estimated borrower that meets the conditions Moderate ...... >5% and <=30% of re- to be greater than 5 percent and at most described in the definition of a corded investment. 30 percent of the institution’s recorded ‘‘default’’ rating. High ...... >30% of recorded invest- ment. investment. Recovery in full is not Default likely. 6 Recorded investment means the exposure amount reported on the financial institution’s High Loss Severity A borrower is rated ‘‘default’’ when balance sheet per the Call Report or Thrift Fi- one or more of the institution’s nancial Report instructions. The ‘‘high loss severity’’ rating only material 4 credit exposures to the applies to exposures to borrowers rated Remote Risk of Loss borrower satisfies one of the following default. Loss severity is estimated to be conditions: Management has the option to expand greater than 30 percent of the the use of the ‘‘remote risk of loss’’ institution’s recorded investment. (1) the supervisory reporting facility rating to borrowers rated Recovery in full is not likely. definition of non-accrual,5 or ‘‘marginal’’ and ‘‘weak.’’ Facilities or Loss (2) the institution has made a full or portions of facilities that represent a partial charge-off or write-down for remote risk of loss include those Assets rated ‘‘loss’’ are considered credit-related reasons or determined secured by cash, marketable securities, uncollectible and of such little value that an exposure is impaired for credit- commodities, or livestock. In the event that their continuance on the related reasons. of the borrower’s contractual default, institution’s balance sheet is not warranted. This rating does not mean Borrowers rated ‘‘default’’ may be management must be capable of liquidating the collateral and applying that the asset has absolutely no recovery upgraded if they have met their or salvage value (it may indeed have contractual debt service requirements the funds against the facility’s balance. The balance reflected in this category some fractional future value), but rather for six consecutive months and their that it is not practical or desirable to financial condition supports should be adequately margined to reflect fluctuations in the collateral’s defer writing off this basically worthless management’s assessment that they will market price. asset. recover their recorded book value(s) in Loans for the purpose of financing Portions of facilities rated ‘‘low loss full. production expenses associated with severity’’ and ‘‘moderate loss severity’’ Facility Ratings agricultural crops may be rated ‘‘remote must be rated loss when they satisfy this risk of loss’’ if management can definition. Entire facilities or portions Facilities to borrowers with a rating of demonstrate that the loan will be self- thereof rated ‘‘high loss severity’’ must default must be further differentiated liquidating at the end of the production be rated loss if they satisfy the based upon their estimated loss severity. cycle. That is, based upon current definition. Balances rated loss are The framework contains additional estimates of yields and market prices for charged off and netted from the facility’s applications of facility ratings; however, the crops securing the loan, the balance and the institution’s loss institutions may choose not to utilize borrower should be expected to yield severity estimate must be updated to them. An institution can estimate how sufficient cash from the sale to repay the reflect the uncertainty in collecting the severe losses may be for either loan in full. remaining recorded investment. A loss rating for an exposure does not individual loans or pooled loans Facilities guaranteed by the U.S. imply that the institution has no (provided the pooled transactions have government or a government-sponsored prospects to recover the amount charged similar risk characteristics), mirroring entity (GSE) that have a high investment off. However, institutions should not the institution’s allowance for loan and grade external rating might be included in this category. If the guaranty is maintain an asset or a portion thereof on lease losses (ALLL) methodologies. their balance sheet if realizing its value Institutions may use their ALLL conditional, the ‘‘remote risk of loss’’ rating should be used only when the would require long-term litigation or impairment analysis as a basis for their other lengthy recovery efforts. A facility loss severity estimates. institution can satisfy the conditions and qualify for payment under the terms should be partially rated ‘‘loss’’ if there The four facility ratings are: of the guaranty. is a remote prospect of collecting a Asset-based lending facilities may be portion of the facility’s balance. When 4 The materiality of credit exposures is measured rated ‘‘remote risk of loss’’ only if the collectibility of the loan becomes relative to the institution’s overall exposure to the certain criteria are met, as described highly questionable, it should be borrower. Charge-offs and write-downs on material charged off or written down to a balance credit exposures include credit-related write-downs below (see ‘‘Treatment of Asset-Based on securities of distressed borrowers for other than Lending Activities.’’) equal to a conservative estimate of its temporary impairment, as well as material write- net realizable value under a realistic downs on exposures to distressed borrowers that Low Loss Severity workout strategy. When access to the are sold or transferred to held-for-sale, the trading The ‘‘low loss severity’’ rating applies collateral is impeded, regardless of the account, or other reporting categories. to exposures to borrowers rated default. 5 An asset should be reported as being in collateral’s value, the institution’s nonaccrual status if (1) it is being maintained on a Loss severity is estimated to be 5 management should carefully consider cash basis because of deterioration in the financial percent or less of the institution’s whether the facility should remain a condition of the borrower, (2) payment in full of recorded investment. Asset-based bankable asset. Furthermore, principal and interest is not expected, or (3) lending facilities to Weak borrowers principal or interest has been in default for a period institutions need to recognize losses in of 90 days or more unless the asset is both well may be rated ‘‘low loss severity’’ only if the period in which the asset is secured and in the process of collection. certain criteria are met, as described identified as uncollectible.

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Treatment of Asset-Based Lending —Active lender management and default and the facility is included in Facilities credit administration can minimize the institution’s classified assets. Loss severity estimates must relate to Institutions with asset-based lending loss through disbursement practices the institution’s recorded investment, (ABL) activities can utilize the following and collateral controls. net of prior charge-offs, borrower facility ratings for qualifying exposures; The institution’s ABL controls and payments, application of collateral however, this treatment is not required. capabilities are the same as those proceeds, or any other funds attributable Some ABL facilities, including some described in the ‘‘remote risk of loss’’ to the facility. debtor-in-possession (DIP) loans, may be description above. This category simply lengthens the period it would likely take Each loss severity estimate for included in the ‘‘remote risk of loss’’ borrowers rated default must reflect the category if they are well-secured by the institution to liquidate the collateral from 90 days to 180 days and increases institution’s estimate of the asset’s net highly liquid collateral and the realizable value or its estimate of institution exercises strong controls over the loss severity estimate from full recovery of the exposure to 5 percent or projected future cash flows and the the collateral and the facility. ABL uncertainty of their timing and amount. facilities secured by accounts receivable less. Commercial Credit Risk Benchmarks: For this purpose, financial institutions or other collateral that readily generates may use their impairment analysis for sufficient cash to repay the loan may be Criticized Assets = All loans to borrowers rated marginal, excluding determining the adequacy of their included in this category. In addition, ALLL. Facilities may be analyzed the institution must have dominion over those facilities, or portions thereof, rated ‘‘remote risk of loss’’ individually or in a pool with similar the cash generated from the conversion facilities. plus of collateral, prudent advance rates, The ‘‘default’’ borrower rating in no strong monitoring controls, such as ABL transactions to borrowers rated way implies that the borrower has frequent borrowing base audits, and the weak, if they satisfy the ‘‘low loss triggered an event of default as specified expertise to liquidate sufficient severity’’ definition. in the loan agreement(s). The rating collateral to repay the loan. Facilities Classified Assets = All loans to indicates only that management has that do not possess these characteristics borrowers rated default, excluding those placed one or more of the borrower’s are excluded from the category. facilities, or portions thereof, rated facilities on non-accrual or recognized a ABL facilities and the lending ‘‘remote risk of loss’’ full or partial charge-off. Legal institution must meet certain plus determinations and collection strategies characteristics for the exposure to be All loans to borrowers rated weak, are the responsibility of management. If rated ‘‘remote risk of loss.’’ excluding those facilities, or portions a borrower is rated default, it does not • Convertibility thereof, rated ‘‘remote risk of loss’’ and imply that the lender must take any —Institution is able to liquidate the ABL transactions rated ‘‘low loss particular action to collect from the collateral within 90 days of the severity.’’ borrower. borrower’s contractual default. When calculating a financial When management recognizes a —Collateral is readily convertible to institution’s criticized and classified partial charge-off, the loss severity cash. assets, the institution’s recorded estimate and facility rating should be • Coverage investment plus any undrawn updated. For example, after a facility is —Loan is substantially over- commitment that is reported on the partly charged off, its loss severity may collateralized such that full institution’s Call Report or Thrift improve and warrant a better rating. recovery of the exposure is Financial Report is included in the total, Estimating loss severity for many expected. excluding any balances rated ‘‘remote exposures to defaulted borrowers is —Collateral has been valued within risk of loss.’’ In the cases of lines of difficult. If borrowers have filed for 60 days. credit with borrowing bases or any other bankruptcy protection, there is normally • Control contractual restrictions that prevent the significant uncertainty regarding their —Collateral is under the institution’s borrower from drawing on the entire intent and ability to reorganize, to sell control. committed amount, only the amount assets, to sell divisions, or, if it comes —Active lender management and outstanding and available under the to that, to liquidate the firm. In addition, credit administration can mitigate facility is included—not the full amount there is considerable uncertainty all loss through disbursement of the commitment. However, the lower regarding the timing and amount of cash practices and collateral controls. amount should be used only if it is flows that these various strategies will For ABL facilities whose borrower is management’s intent and practice to produce for creditors. As a result, the rated weak, management may assign the exert the institution’s contractual rights loss severity estimates for facilities to ‘‘low loss severity’’ rating if the to limit its exposure. borrowers rated default should be conditions set forth below are satisfied: conservative and based upon the most Framework Principles • Convertibility probable outcome given current —Institution is able to liquidate The borrower ratings should be circumstances and the institution’s loss collateral within 180 days of the utilized for both improving and experience on similar assets. The borrower’s contractual default. deteriorating borrowers. Management financial institution should be able to —Substantial amount of the collateral should refresh ratings with adequate credibly support recovery rates on is self-liquidating or marketable. frequency to avoid significant jumps facilities in excess of the underlying • Coverage across their internal rating scale. collateral’s net realizable value. —Loss severity is estimated to be 5 When a facility is unconditionally Supervisors will focus on estimates percent or less. guaranteed, the guarantor’s rating can be where institution management has —Collateral has been valued within substituted for that of the borrower to estimated recovery rates in excess of a 60 days. determine whether a facility should be loan’s collateral value. Market prices for • Control criticized or classified. If the guarantor a borrower’s similar exposures are one —Collateral is under the institution’s does not perform its obligations under indication of a claim’s intrinsic value. control. the guarantee, the guarantor is rated However, distressed debt prices may not

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be a realistic indication of value if framework, institutions have the option borrowers with an aggregate exposure trading volume is low compared to the to disregard the ‘‘remote risk of loss’’ below a specified threshold. Examiners magnitude of the institution’s exposure. category for loans partially secured by will evaluate the appropriateness of the Split facility ratings should be used collateral that qualify for the treatment. alternative rating approach and only when part of the facility meets the In that case, the institution would aggregate exposure threshold by criteria for the ‘‘remote risk of loss’’ reflect the loss characteristics of the considering factors such as the size of category. When a portion of a facility is loan in its entirety when estimating the the institution, the risk profile of the rated ‘‘remote risk of loss,’’ loan’s loss severity and slot the loan in subject exposures, and management’s management’s loss severity estimate one of the three remaining facility portfolio management capabilities. should only reflect the risk associated ratings. The following chart summarizes the with the remaining portion of the Because individually rating every structure of the proposed framework: facility. borrower would be labor-intensive and BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P; 6720–01–P To eliminate the need for split facility costly, institutions may use an ratings and further simplify the alternative rating approach for Chart 1—Framework Overview

Appendix A. Application of Framework 5 percent of sales. Modest inventory levels Borrower Rating: The borrower has shown consist of products to fill specific orders. material negative financial trends; however, The following examples highlight how Situation: The borrower is a distributor of it appears that there is sufficient financial certain loan facilities should be rated under health care products. Consolidation of health the ‘‘Uniform Agreement on the Assessment flexibility to positively address the cause of care providers in the firm’s market area has of Commercial Credit Risk.’’ the concerns without significant deviation had a negative effect on its revenues, from its original business plan. Accordingly, Example 1. Marginal Borrower Rating profitability, and cash flow. The borrower’s the borrower is rated marginal. Credit Facility: $100 line of credit for balance sheet exhibits moderate leverage and The loan is included in criticized assets. working capital, $50 outstanding liquidity. The firm is currently operating at Source of Repayment: break-even. The firm has developed a new Example 2. Weak Borrower Rating Primary: Cash flow from conversion of relationship with a hospital chain that Credit Facility: $100 line of credit for operates in adjacent markets to the firm’s assets working capital purposes, $100 outstanding. traditional trade area. The new client is Secondary: Security interest in all Borrowing base equal to 70 percent of eligible corporate assets expected to increase sales by 10 percent in accounts receivable. Collateral: Accounts receivable with a net the coming fiscal year. If this expectation book value of $70 from large hospitals, materializes, the borrower should return to Sources of Repayment: nursing care facilities, and other health care profitability. Line utilization has increased Primary: Cash flow from conversion of providers. Receivables turn slowly, 120–150 over the last fiscal year; however, the assets days, but with a low level of uncollectible remaining availability should provide Secondary: Security interest in all accounts. No customer concentrations exceed sufficient liquidity during this slow period. unencumbered corporate assets

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Situation: The borrower is a regional truck of the property and proceeds from the 25 percent loss severity. The mortgage on the transportation firm. A sustained increase in government guarantee, $90, is also Central Avenue property is rated ‘‘low loss fuel prices over the last six months led to considered ‘‘remote risk of loss.’’ The severity’’ (<=5%) because management’s operating losses. The borrower has been remaining $10 balance is rated loss due to the estimate is a 5 percent loss severity. unable to increase prices to offset the higher collateral shortfall and the unlikely prospects Both facilities are included in classified fuel prices. of collecting additional amounts. assets. The borrower’s interest payments have The line of credit and the portion of the been running 15 to 30 days late over the last mortgage supported by the government Example 5. Loss Recognition several months. Net cash flow from guarantee are included in pass assets. Credit Facility: $100 term loan operations is breakeven, but sufficient to Source of Repayment: meet lease payments on its truck fleet. The Example 4. Rating Assignments for Multiple Primary: Cash flow from business borrower leases all of its trucks from the Loans to a Single Borrower Secondary: Security interest in collateral manufacturer’s leasing company. The line Credit Facilities: $100 mortgage for Collateral: The institution has a blanket was recently fully drawn to pay registration permanent financing of an office building lien on all business assets with an estimated fees and insurance premiums for the fleet. located at One Main Street. value of $60. The borrower is moderately leveraged and $100 mortgage for permanent financing of Situation: The borrower is seriously has minimal levels of liquid assets. Borrower an office building located at One Central delinquent on its loan payments and has continues to maintain its customer base and Avenue. filed for bankruptcy protection. Because the generate new business, but pricing pressures Sources of Repayment: borrower’s business prospects are poor, are forcing it to run unprofitably. Primary: Rental income liquidation of collateral is the only means by The most recent borrowing base certificate Secondary:Sale of real estate which the institution will receive repayment. indicates the borrower is in compliance with Collateral: Each loan is secured by a Management estimates net realizable value the advance rate. perfected first mortgage on the financed ranges between $50 and $60. As a result, Borrower and property. The values of the Main Street and management charges off $40 and places the Facility rating: The borrower’s unprofitable Central Avenue properties are $85 and $110, loan on nonaccrual. Management also assigns operations and lack of liquidity constitute respectively. a 10 percent loss severity estimate to the well-defined credit weaknesses. As a result, Situation: The borrower is a real estate remaining balance, which is equal to its the borrower is rated weak. holding company for the two commercial impairment estimate for a pool of similar The loan is included in classified assets. office buildings. The Main Street building is facilities and borrowers. not performing well and is generating Borrower and Facility Rating: Since the Example 3. Remote Risk of Loss Facility insufficient cash flow to maintain the borrower’s facility was placed on nonaccrual Rating building, renovate vacant space for new and partially charged off, the borrower is Credit Facilities: $100 line of credit to fund tenants, and service the debt. The borrower rated default. seasonal fluctuations in cash flow is more than 90 days delinquent on the After recognizing a loss in the amount of $100 mortgage for the acquisition of building’s mortgage. Because the building’s $40, the facility’s remaining balance is rated farmland rents have declined and its vacancy rate has ‘‘moderate loss severity’’ (>5% and <30%) Sources of Repayment: increased, the fair market value of the because management’s analysis indicates Primary: Cash flow from operations troubled property has declined to $85 from impairment of 10 percent of the loan balance. Secondary: Security interest in collateral $120 at the time of loan origination. Market The loan is included in classified assets. Collateral: The line of credit is secured by conditions do not favor better performance of livestock and crops with a market value of the Main Street property in the short run. As Example 6. Asset-Backed Loan $110. The mortgage is secured by a lien on a result, management has placed the loan on Credit Facility: $100 revolving credit acreage valued at $75. A U.S. government nonaccrual. facility, $50 outstanding with $20 available agency guarantee was obtained on the The Central Avenue property is performing under the borrowing base mortgage loan. The guarantee covers 75% of adequately, but is not generating sufficient Sources of Repayment: any principal deficiency the institution excess cash flow to meet the debt service Primary: Conversion of accounts receivable suffers on the mortgage. requirements of the first loan. The property Secondary: Liquidation of collateral Situation: Borrower’s financial information is currently estimated to be worth $110. Collateral: Accounts receivable from reflects the negative effect of low commodity Since the loan’s primary source of repayment companies with investment grade external prices and a reduction in the value of the remains adequate to service the debt, the ratings. livestock. The borrower does not have credit remains on accrual basis. Situation: The borrower manufactures adequate sources of liquidity to remain According to institution management’s patio furniture. Because the prices of operating. Both loans have been placed on estimates, foreclosing on the troubled Main aluminum and other raw materials have nonaccrual since they are delinquent in Street building and selling it would realize increased, the borrower’s profit margin has excess of 90 days. Institution management $75, net of brokerage fees and other selling compressed significantly. As a result, the has completed a recent inspection of the expenses. However, the institution is borrower’s financial condition exhibits well- livestock and crops securing their loan. The exploring other workout strategies exclusive defined credit weaknesses. borrower has placed its operations up for of foreclosure. These strategies may mitigate Despite the borrower’s financial weakness, sale, including all of the collateral securing the amount of loss to the institution. To be the financial institution is well-positioned to both loans. The farmland is under contract conservative, the institution bases its loss recover its loan balance and interest. The with a purchase price of $75. Management severity estimate on the foreclosure scenario. institution controls all cash receipts of the expects to realize after selling expenses $100 If the Central Avenue building continues to company through a lock-box and applies from the sale of livestock and crops and $70 generate sufficient cash flow to service the excess funds daily against the loan balance. from the sale of the farmland. As a result, loan and maintains its fair market value, the The institution also controls the borrower’s management expects to collect approximately institution does not expect to incur any loss cash disbursements. The facility has a $20 (75% of $30) under the government on the second loan. Therefore, management borrowing base that allows the borrower to guarantee. Management estimates that the assigns a 5 percent loss severity estimate to draw 70 percent of eligible receivables. mortgage has impairment of $10 based on the the facility, which is equal to its impairment Eligibility is based on restrictive fair value of the collateral and the guarantee. estimate for a pool of similar facilities and requirements designed to exclude low- Borrower and Facility rating: The borrower borrowers. quality or disputed receivables. Management is rated default because the loans are on Borrower and Facility Ratings: The monitors adherence to the requirements by nonaccrual. borrower is rated default because the one conducting periodic on-site audits of the Because the line of credit is adequately mortgage is on non-accrual. borrower’s accounts receivable. Management collateralized by marketable collateral, the The mortgage on the Main Street property estimates that the facility is not impaired facility is rated ‘‘remote risk of loss.’’ The is rated ‘‘moderate loss severity’’ (>5% and because the collateral is liquid and has ample portion of the mortgage supported by the sale <=30%) because management’s estimate is a coverage, the account receivables

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counterparties are highly creditworthy, and addition, the agencies also are asking for information by the agency. Under the the institution’s management not only has comment on a number of issues affecting the Paperwork Reduction Act (PRA) of tight controls on the loan but also has a policy and will consider the answers before 1995, Federal agencies are required to favorable track record of managing similar developing the final policy statement. In publish notice in the Federal Register loans. In the event of the borrower’s particular, your comments are needed on the contractual default, the institution’s following issues: concerning each proposed collection of management believes that it would recover 1. The agencies intend to implement this information, including each proposed sufficient cash to repay the loan within 60 framework for all sizes of institutions. Could extension of a currently approved days. your institution implement the approach? collection, and allow 60 days for public Borrower and Facility Rating: The borrower 2. If not, please provide the reasons. comment in response to the notice. This is rated weak due to its well-defined credit 3. What types of implementation expenses notice solicits comments on information weaknesses. would financial institutions likely incur? The needed to process beneficiaries claims The facility is rated ‘‘remote risk of loss’’ agencies welcome financial data supporting for payment of insurance proceeds. because of institutional management’s the estimated cost of implementing the expertise; the facility’s strong controls and framework. DATES: Written comments and high quality; and the collateral’s liquidity 4. Which provisions of this proposal, if recommendations on the proposed and ample coverage. any, are likely to generate significant training collection of information should be The facility is included in pass assets. and systems programming costs? received on or before May 27, 2005. 5. Are the examples clear and the resultant Example 7. Debtor-in-Possession ADDRESSES: Submit written comments ratings reasonable? on the collection of information to Credit Facility: $100 debtor-in-possession 6. Would additional parts of the framework (DIP) facility, $70 outstanding with $10 benefit from illustrative examples? Nancy J. Kessinger, Veterans Benefits available 7. Is the proposed treatment of guarantors Administration (20M35), Department of $100 term loan reasonable? Veterans Affairs, 810 Vermont Avenue, Sources of Repayment: Please provide any other information that NW., Washington, DC 20420 or e-mail: Primary: Cash flow from operations the agencies should consider in determining [email protected]. Please refer to Secondary: Liquidation of collateral the final policy statement, including the ‘‘OMB Control No. 2900–0060’’ in any Collateral: The DIP facility is secured by optimal implementation date for the correspondence. receivables from several investment grade proposed changes. companies and underwritten with a Dated: March 17, 2005. FOR FURTHER INFORMATION CONTACT: conservative advance rate to protect against Nancy J. Kessinger at (202) 273–7079 or Julie L. Williams, dilution risk. FAX (202) 275–5947. The term loan is secured by equipment. Acting Comptroller of the Currency. SUPPLEMENTARY INFORMATION: Situation: The borrower has filed for Under the Board of Governors of the Federal Reserve PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Chapter 11 bankruptcy protection because System, March 21, 2005. 3501–3521), Federal agencies must the recall of one of the company’s products Jennifer J. Johnson, has precipitated a substantial decline in obtain approval from the Office of sales. The product liability litigation resulted Secretary of the Board. Management and Budget (OMB) for each in substantial legal expenses and settlements. Federal Deposit Insurance Corporation. collection of information they conduct Because collecting the term loan in full is By order of the Board of Directors. or sponsor. This request for comment is very unlikely, the financial institution’s Dated at Washington, DC, this 18th day of being made pursuant to Section management placed the term loan on 3506(c)(2)(A) of the PRA. nonaccrual prior to the borrower’s March, 2005. bankruptcy filing. Management estimates the Robert E. Feldman, With respect to the following institution will collect 70 percent to 80 Executive Secretary. collection of information, VBA invites comments on: (1) Whether the proposed percent on their secured claim under the Dated: March 18, 2005. borrower’s bankruptcy reorganization plan. collection of information is necessary Based on this estimate, management charges By the Office of Thrift Supervision. for the proper performance of VBA’s off $20 and estimates impairment of $10 for James E. Gilleran, functions, including whether the the remaining balance. The DIP facility Director. information will have practical utility; repaid the pre-petition asset-based line of [FR Doc. 05–5982 Filed 3–25–05; 8:45 am] (2) the accuracy of VBA’s estimate of the credit. Management has expertise in asset- burden of the proposed collection of based lending and strong controls over the BILLING CODE 4810–33–C; 6210–01–C; 6714–01–C; activity. 6720–01–C information; (3) ways to enhance the Borrower and Facility Rating: The borrower quality, utility, and clarity of the is rated default since one of its facilities was information to be collected; and (4) placed on nonaccrual. DEPARTMENT OF VETERANS ways to minimize the burden of the The DIP facility is rated ‘‘remote risk of AFFAIRS collection of information on loss’’ not only because it is secured by high- respondents, including through the use quality receivables with ample coverage, but [OMB Control No. 2900–0060] of automated collection techniques or also because the financial institution’s the use of other forms of information Proposed Information Collection management has performed frequent technology. borrowing-base audits and has strong Activity: Proposed Collection; Titles: controls over cash disbursements and Comment Request collections. The term loan is rated ‘‘moderate a. Claim for One Sum Payment loss severity’’ (>5% and <=30%) because AGENCY: Veterans Benefits (Government Life Insurance), VA Form management’s impairment estimate for the Administration, Department of Veterans 29–4125. remaining loan balance falls within this Affairs. b. Claim for Monthly Payments range. ACTION: Notice. (National Service Life Insurance), VA The DIP facility is included in pass assets. Form 29–4125a. The term loan is included in classified SUMMARY: The Veterans Benefits c. Claim for Monthly Payments assets. Administration (VBA), Department of (United States Government Life Request for Comment Veterans Affairs (VA), is announcing an Insurance, (USGLI)), VA Form 29– The agencies request comments on all opportunity for public comment on the 4125k. aspects of the proposed policy statement. In proposed collection of certain OMB Control Number: 2900–0060.

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Type of Review: Extension of a notice solicits comments for information the cost of completing the improvement currently approved collection. needed to allow veteran purchasers to into an escrow account held by a third Abstract: Beneficiaries of deceased gain occupancy of a property prior to party. The funds can only be used to veterans must complete VA Form 29– completion of exterior onsite complete the postponed improvements 4125 to apply for proceeds of the improvements. and are released when the veteran’s Government Insurance DATES: Written comments and improvements are completed. The policies. If the beneficiary desires recommendations on the proposed information collected on VA Form 26– monthly installment in lieu of one lump collection of information should be 1849 documents a legal agreement payment he or she must complete VA received on or before May 27, 2005. between parties other than VA when Forms 29–4125a and 29–4125k. VA uses appropriate funds must be set aside for the information to determine the ADDRESSES: Submit written comments completion of certain exterior onsite claimant’s eligibility for payment of on the collection of information to improvements. insurance proceeds and to process Nancy J. Kessinger, Veterans Benefits Affected Public: Individuals or monthly installment payments. Administration (20M35), Department of households and Business or other for- Affected Public: Individuals or Veterans Affairs, 810 Vermont Avenue, profit. households. NW., Washington, DC 20420 or e-mail: Estimated Annual Burden: 625 hours. Estimated Annual Burden: 8,787 [email protected]. Please refer to Estimated Average Burden Per hours. ‘‘OMB Control No. 2900–0320’’ in any Respondent: 30 minutes. a. VA Form 29–4125—8,200 hours. correspondence. Frequency of Response: On occasion. b. VA Form 29–4125a—462 hours. FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: c. VA Form 4125k—125 hours. Nancy J. Kessinger at (202) 273–7079 or 1,250. Estimated Average Burden Per FAX (202) 275–5947. Dated: March 17, 2005. Respondent: SUPPLEMENTARY INFORMATION: Under the By direction of the Secretary. a. VA Form 29–4125—6 minutes. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Martin Hill, b. VA Form 29–4125a—15 minutes. 3501–3521), Federal agencies must c. VA Form 4125k—15 minutes. Management Analyst, Records Management obtain approval from the Office of Service. Frequency of Response: On occasion. Management and Budget (OMB) for each Estimated Number of Respondents: [FR Doc. E5–1326 Filed 3–25–05; 8:45 am] collection of information they conduct BILLING CODE 8320–01–P 84,350. or sponsor. This request for comment is a. VA Form 29–4125—82,000. being made pursuant to Section b. VA Form 29–4125a—1,850. 3506(c)(2)(A) of the PRA. c. VA Form 4125k—500. DEPARTMENT OF VETERANS With respect to the following AFFAIRS Dated: March 17, 2005. collection of information, VBA invites [OMB Control No. 2900–0324] By direction of the Secretary. comments on: (1) Whether the proposed Martin Hill, collection of information is necessary Proposed Information Collection Management Analyst, Records Management for the proper performance of VBA’s Activity: Proposed Collection; Service. functions, including whether the Comment Request [FR Doc. E5–1322 Filed 3–25–05; 8:45 am] information will have practical utility; (2) the accuracy of VBA’s estimate of the AGENCY: Veterans Benefits BILLING CODE 8320–01–P burden of the proposed collection of Administration, Department of Veterans information; (3) ways to enhance the Affairs. DEPARTMENT OF VETERANS quality, utility, and clarity of the ACTION: Notice. AFFAIRS information to be collected; and (4) ways to minimize the burden of the SUMMARY: The Veterans Benefits [OMB Control No. 2900–0320] collection of information on Administration (VBA), Department of respondents, including through the use Veterans Affairs (VA), is announcing an Proposed Information Collection of automated collection techniques or opportunity for public comment on the Activity: Proposed Collection; the use of other forms of information proposed collection of certain Comment Request technology. information by the agency. Under the AGENCY: Veterans Benefits Title: Escrow Agreement for Paperwork Reduction Act (PRA) of Administration, Department of Veterans Postponed Exterior Onsite 1995, Federal agencies are required to Affairs. Improvements, VA Form 26–1849. publish notice in the Federal Register concerning each proposed collection of ACTION: Notice. OMB Control Number: 2900–0320. Type of Review: Extension of a information, including each proposed SUMMARY: The Veterans Benefits currently approved collection. extension of a currently approved Administration (VBA), Department of Abstract: VA Form 26–1849 is collection, and allow 60 days for public Veterans Affairs (VA), is announcing an provided as a service to veterans, comment in response to the notice. This opportunity for public comment on the builders/sellers, and escrow agents in notice solicits comments on information proposed collection of certain situations involving onsite escrows. The needed to determine a veteran’s information by the agency. Under the escrow allows the veteran to occupy the eligibility or reinstatement for Paperwork Reduction Act (PRA) of property when specific exterior onsite Government Life insurance. 1995, Federal agencies are required to improvement may have to be postponed DATES: Written comments and publish notice in the Federal Register due to unforeseen circumstances such recommendations on the proposed concerning each proposed collection of as adverse weather or other specified collection of information should be information, including each proposed unavoidable conditions. For these received on or before May 27, 2005. extension of a currently approved situations, VA developed escrow ADDRESSES: Submit written comments collection, and allow 60 days for public procedures whereby a builder/seller on the collection of information to comment in response to the notice. This deposits at least one and one-half times Nancy J. Kessinger, Veterans Benefits

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Administration (20M35), Department of a. VA Form 29–8146—220. required to file the application with VA Veterans Affairs, 810 Vermont Avenue, b. VA Form 29–8158—1,000. General Counsel to establish initial NW., Washington, DC 20420 or e-mail: c. VA Form 29–8160—220. eligibility for accreditation. The [email protected]. Please refer to Dated: March 17, 2005. information requested is necessary to ‘‘OMB Control No. 2900–0324’’ in any establish the statutory and regulatory correspondence. By direction of the Secretary. eligibility requirements, e.g., good Martin Hill, FOR FURTHER INFORMATION CONTACT: character and reputation which includes Management Analyst, Records Management basic identifying information, Nancy J. Kessinger at (202) 273–7079 or Service. FAX (202) 275–5947. information concerning past [FR Doc. E5–1327 Filed 3–25–05; 8:45 am] representation, military service, SUPPLEMENTARY INFORMATION: Under the BILLING CODE 8320–01–P employment, criminal activity and PRA of 1995 (Pub. L. 104–13; 44 U.S.C. mental health of the applicant. VA uses 3501–3520), Federal agencies must the information to determine the obtain approval from the Office of DEPARTMENT OF VETERANS applicant’s eligibility for accreditation Management and Budget (OMB) for each AFFAIRS as a claims agent. collection of information they conduct An agency may not conduct or or sponsor. This request for comment is [OMB Control No. 2900–0605] sponsor, and a person is not required to being made pursuant to Section respond to a collection of information 3506(c)(2)(A) of the PRA. Agency Information Collection With respect to the following Activities Under OMB Review unless it displays a currently valid OMB collection of information, VBA invites control number. The Federal Register AGENCY: Office of General Counsel, Notice with a 60-day comment period comments on: (1) Whether the proposed Department of Veterans Affairs. collection of information is necessary soliciting comments on this collection ACTION: Notice. for the proper performance of VBA’s of information was published on December 23, 2004, at page 76976. functions, including whether the SUMMARY: In compliance with the information will have practical utility; Affected Public: Individuals or Paperwork Reduction Act (PRA) of 1995 households. (2) the accuracy of VBA’s estimate of the (44 U.S.C. 3501–3521), this notice burden of the proposed collection of Estimated Annual Burden: 15 hours. announces that the Office of General Estimated Average Burden Per information; (3) ways to enhance the Counsel (OGC), Department of Veterans quality, utility, and clarity of the Respondent: 45 minutes. Affairs, has submitted the collection of Frequency of Response: On occasion. information to be collected; and (4) information abstracted below to the ways to minimize the burden of the Estimated Number of Respondents: Office of Management and Budget 20. collection of information on (OMB) for review and comment. The respondents, including through the use PRA submission describes the nature of Dated: March 17, 2005. of automated collection techniques or the information collection and its By direction of the Secretary. the use of other forms of information expected cost and burden; it includes Martin Hill, technology. the actual data collection instrument. Management Analyst, Records Management Titles: DATES: Service. a. Supplemental Physical Comments must be submitted on Examination Report, VA Form 29–8146. or before April 27, 2005. [FR Doc. E5–1328 Filed 3–25–05; 8:45 am] b. Attending Physician’s Statement, FOR FURTHER INFORMATION OR A COPY OF BILLING CODE 8320–01–P VA Form 29–8158. THE SUBMISSION CONTACT: Denise c. Supplemental Physical McLamb, Records Management Service Examination Report (Diabetes— (005E3), Department of Veterans Affairs, DEPARTMENT OF VETERANS Physician’s Report), VA Form 29–8160. 810 Vermont Avenue, NW., AFFAIRS OMB Control Number: 2900–0324. Washington, DC 20420, (202) 273–8030, Type of Review: Extension of a FAX (202) 273–5981 or e-mail: [OMB Control No. 2900–0114] currently approved collection. [email protected]. Please Abstract: The forms are used to obtain refer to ‘‘OMB Control No. 2900–0605.’’ Agency Information Collection information regarding the physical and/ Send comments and Activities Under OMB Review or mental condition of a veteran who recommendations concerning any AGENCY: Veterans Benefits has submitted an application for aspect of the information collection to Administration, Department of Veterans Government Life Insurance or VA’s OMB Desk Officer, OMB Human Affairs. reinstatement of eligibility for such Resources and Housing Branch, New ACTION: Notice. insurance. Executive Office Building, Room 10235, Affected Public: Individuals or Washington, DC 20503, (202) 395–7316. SUMMARY: In compliance with the households. Please refer to ‘‘OMB Control No. 2900– Paperwork Reduction Act (PRA) of 1995 Estimated Annual Burden: 1,080 0605’’ in any correspondence. (44 U.S.C. 3501–21), this notice hours. SUPPLEMENTARY INFORMATION: announces that the Veterans Benefits a. VA Form 29–8146—750 hours. b. VA Form 29–8158—165 hours. Title: Application for Accreditation as Administration (VBA), Department of c. VA Form 29–8160—165 hours. a Claims Agent, VA Form 21a. Veterans Affairs, has submitted the Estimated Average Burden Per OMB Control Number: 2900–0605. collection of information abstracted Respondent: Type of Review: Extension of a below to the Office of Management and a. VA Form 29–8146—45 minutes. currently approved collection. Budget (OMB) for review and comment. b. VA Form 29–8158—45 minutes. Abstract: Applicants seeking The PRA submission describes the c. VA Form 29–8160—45 minutes. accreditation as claims agents to nature of the information collection and Frequency of Response: On occasion. represent benefits claimants before its expected cost and burden and Estimated Number of Respondents: Department of Veterans Affairs must includes the actual data collection 1,440. complete VA Form 21a. The applicant is instrument.

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DATES: Comments must be submitted on soliciting comments on this collection a. Statement in Support of Claim for or before April 27, 2005. of information was published on Service Connection for Post-Traumatic FOR FURTHER INFORMATION CONTACT: December 1, 2004 at page 69992. Stress Disorder (PTSD), VA Form 21– Denise McLamb, Records Management Affected Public: Individuals or 0781. Service (005E3), Department of Veterans households. b. Statement in Support of Claim for Affairs, 810 Vermont Avenue, NW., or e- Estimated Annual Burden: 2,708 Service Connection for Post-Traumatic mail [email protected]. hours. Stress Disorder (PTSD) Secondary to Please refer to ‘‘OMB Control No. 2900– Estimated Average Burden Per Personal Assault, VA Form 21–0781a. 0114.’’ Send comments and Respondent: 25 minutes. OMB Control Number: 2900–NEW. recommendations concerning any Frequency of Response: One-time. Type of Review: New collection. aspect of the information collection to Estimated Number of Respondents: Abstract: Veterans seeking VA’s OMB Desk Officer, OMB Human 6,500. compensation for post-traumatic stress Resources and Housing Branch, New Dated: March 17, 2005. disorder and need VA’s assistance in Executive Office Building, Room 10235, obtaining evidence from military By direction of the Secretary. Washington, DC 20503, (202) 395–7316. records and other sources to Please refer to ‘‘OMB Control No. 2900– Martin Hill, substantiate their claims of in-service 0114’’ in any correspondence. Management Analyst, Records Management stressors must complete VA Forms 21– Service. 0781 and 21–0791a. If the veteran did SUPPLEMENTARY INFORMATION: Under the [FR Doc. E5–1329 Filed 3–25–05; 8:45 am] not serve in combat or was not a PRA of 1995 (Pub. L. 104–13; 44 U.S.C. BILLING CODE 8320–01–P prisoner of war and is claiming 3501–3521), Federal agencies must compensation for post-traumatic stress obtain approval from the Office of disorder due to in-service stressors, he Management and Budget (OMB) for each DEPARTMENT OF VETERANS or she must provide credible supporting collection of information they conduct AFFAIRS evidence that the claimed in-service or sponsor. This request for comment is stressor occurred. being made pursuant to Section [OMB Control No. 2900–NEW] An agency may not conduct or 3506(c)(2)(A) of the PRA. sponsor, and a person is not required to With respect to the following Agency Information Collection respond to a collection of information collection of information, VBA invites Activities Under OMB Review unless it displays a currently valid OMB comments on: (1) Whether the proposed AGENCY: Veterans Benefits control number. The Federal Register collection of information is necessary Administration, Department of Veterans Notice with a 60-day comment period for the proper performance of VBA’s Affairs soliciting comments on this collection functions, including whether the ACTION: of information was published on information will have practical utility; Notice. December 1, 2004 at pages 69990–6991. (2) the accuracy of VBA’s estimate of the SUMMARY: In compliance with the Affected Public: Individuals or burden of the proposed collection of Paperwork Reduction Act (PRA) of 1995 households. information; (3) ways to enhance the (44 U.S.C. 3501–3521), this notice Estimated Annual Burden: 17,780 quality, utility, and clarity of the announces that the Veterans Benefits hours. information to be collected; and (4) Administration (VBA), Department of Estimated Average Burden Per ways to minimize the burden of the Veterans Affairs, has submitted the Respondent: 70 minutes. collection of information on collection of information abstracted Frequency of Response: One-time. respondents, including through the use below to the Office of Management and Estimated Number of Respondents: of automated collection techniques or Budget (OMB) for review and comment. 15,240. the use of other forms of information The PRA submission describes the Dated: March 17, 2005. technology. nature of the information collection and Title: Statement of Marital its expected cost and burden; it includes By direction of the Secretary. Relationship, VA Form 21–4170. the actual data collection instrument. Martin Hill, OMB Control Number: 2900–0114. DATES: Management Analyst, Records Management Type of Review: Revision of a Comments must be submitted on or before April 27, 2005. Service. currently approved collection. [FR Doc. E5–1330 Filed 3–25–05; 8:45 am] Abstract: Persons claiming to be FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P common law widows/widowers of Denise McLamb, Records Management deceased veterans and veterans and Service (005E3), Department of Veterans their claimed common law spouses Affairs, 810 Vermont Avenue, NW., DEPARTMENT OF VETERANS complete VA Form 21–4170 to establish Washington, DC 20420, (202) 273–8030, AFFAIRS marital status. VA uses the information FAX (202) 273–5981 or e-mail collected to determine whether the [email protected]. Please [OMB Control No. 2900–0601] common law marriage was valid under refer to ‘‘OMB Control No. 2900–NEW.’’ Agency Information Collection the law of the place where the parties Send comments and recommendations Activities Under OMB Review resided at the time of the marriage or concerning any aspect of the under the law of the place where the information collection to VA’s OMB AGENCY: Veterans Benefits parties resided when the right to Desk Officer, OMB Human Resources Administration, Department of Veterans benefits accrued. and Housing Branch, New Executive Affairs. Office Building, Room 10235, An agency may not conduct or ACTION: Notice. sponsor, and a person is not required to Washington, DC 20503, (202) 395–7316. respond to a collection of information Please refer to ‘‘OMB Control No. 2900– SUMMARY: In compliance with the unless it displays a currently valid OMB NEW’’ in any correspondence Paperwork Reduction Act (PRA) of 1995 control number. The Federal Register SUPPLEMENTARY INFORMATION: (44 U.S.C. 3501–3521), this notice Notice with a 60-day comment period Titles: announces that the Veterans Benefits

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Administration (VBA), Department of Estimated Average Burden Per McLamb, Records Management Service Veterans Affairs, has submitted the Respondent: 30 minutes. (005E3), Department of Veterans Affairs, collection of information abstracted Frequency of Response: On occasion. 810 Vermont Avenue, NW., below to the Office of Management and Estimated Number of Respondents: Washington, DC 20420, (202) 273–8030, Budget (OMB) for review and comment. 78. FAX (202) 273–5981 or e-mail: The PRA submission describes the Send comments and [email protected]. Please nature of the information collection and recommendations concerning any refer to ‘‘OMB Control No. 2900–0129.’’ its expected cost and burden; it includes aspect of the information collection to Send comments and the actual data collection instrument. VA’s Desk Officer, OMB Human recommendations concerning any Resources and Housing Branch, New DATES: Comments must be submitted on aspect of the information collection to Executive Office Building, Room 10235, or before April 27, 2005. VA’s OMB Desk Officer, OMB Human For Further Information or a Copy of Washington, DC 20503, (202) 395–7316. Resources and Housing Branch, New Please refer to ‘‘OMB Control No. 2900– the Submission Contact: Denise Executive Office Building, Room 10235, 0601’’ in any correspondence. McLamb, Records Management Service Washington, DC 20503 (202) 395–7316. (005E3), Department of Veterans Affairs, Dated: March 16, 2005. Please refer to ‘‘OMB Control No. 2900– 810 Vermont Avenue, NW., By direction of the Secretary. 0129’’ in any correspondence. Washington, DC 20420, (202) 273–8030 Martin Hill, SUPPLEMENTARY INFORMATION: or FAX (202) 273–5981. Please refer to Management Analyst, Records Management Title: Supplemental Disability Report, ‘‘OMB Control No. 2900–0601.’’ Service. VA Form Letter 29–30a. SUPPLEMENTARY INFORMATION: [FR Doc. E5–1331 Filed 3–25–05; 8:45 am] OMB Control Number: 2900–0129. Title: Loan Guaranty: Requirements BILLING CODE 8320–01–P Type of Review: Extension of a for Interest Rate Reduction Refinancing currently approved collection. Loans. OMB Control Number: 2900–0601. DEPARTMENT OF VETERANS Abstract: VA Form Letter 29–30a is Type of Review: Extension of a AFFAIRS used by the insured to provide currently approved collection. additional information required to [OMB Control No. 2900–0129] Abstract: A veteran may refinance an process a claim for disability insurance benefits. outstanding VA guaranteed, insured, or Agency Information Collection An agency may not conduct or direct loan with a new loan at a lower Activities Under OMB Review interest rate provided that the veteran sponsor, and a person is not required to still owns the property used as security AGENCY: Veterans Benefits respond to a collection of information for the loan. The new loan will be Administration, Department of Veterans unless it displays a currently valid OMB guaranteed only if VA approves it in Affairs. control number. The Federal Register advance after determining that the ACTION: Notice. Notice with a 60-day comment period borrower, through the lender, has soliciting comments on this collection SUMMARY: provided reasons for the loan In compliance with the of information was published on deficiency, and has provided Paperwork Reduction Act (PRA) of 1995 November 12, 2004, at page 65505. information to establish that the cause (44 U.S.C. 3501–21), this notice Affected Public: Individuals or announces that the Veterans Benefits of the delinquency has been corrected, households. Administration (VBA), Department of and qualifies for the loan under the Estimated Annual Burden: 548 hours. Veterans Affairs, has submitted the credit standard provisions. Estimated Average Burden Per collection of information abstracted An agency may not conduct or Respondent: 5 minutes. below to the Office of Management and sponsor, and a person is not required to Budget (OMB) for review and comment. Frequency of Response: On occasion. respond to a collection of information The PRA submission describes the Estimated Number of Respondents: unless it displays a currently valid OMB nature of the information collection and 6,570. control number. The Federal Register its expected cost and burden and Notice with a 60-day comment period Dated: March 16, 2005. includes the actual data collection soliciting comments on this collection By direction of the Secretary. instrument. of information was published on Martin Hill, January 11, 2005, at page 1935. DATES: Comments must be submitted on Management Analyst, Records Management Affected Public: Business or other for or before April 27, 2005. Service. profit. FOR FURTHER INFORMATION OR A COPY OF [FR Doc. E5–1332 Filed 3–25–05; 8:45 am] Estimated Annual Burden: 39 hours. THE SUBMISSION CONTACT: Denise BILLING CODE 8320–01–P

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Corrections Federal Register Vol. 70, No. 58

Monday, March 28, 2005

This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION Wednesday, March 23, 2005, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Federal Aviation Administration §71.1 [Corrected] and Notice documents. These corrections are On page 14603, in the first column prepared by the Office of the Federal 14 CFR Part 71 under the heading ACE NE E5 Register. Agency prepared corrections are Valentine, NE, the surface area issued as signed documents and appear in [Docket No. FAA–2005–20572; Airspace the appropriate document categories Docket No. 05–ACE–9] description should read as follows: elsewhere in the issue. Valentine, Miller Field, NE ° ° Proposed Establishment of Class E2 (Lat. 42 51’28’’ N., long. 100 32’51’’ W.) Airspace; and Modification of Class E5 Valentine NDB (Lat. 42°51’42’’ N., long. 100°32’59’’ W.) Airspace; Valentine, NE [FR Doc. C5–5763 Filed 3–25–05; 8:45 am] Correction BILLING CODE 1505–01–D In proposed rule document 05–5763 beginning on page 14601 in the issue of

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Part II

Department of Agriculture Rural Development; Notice of Funds Availability (NOFA) Inviting Applications for the Renewable Energy Systems and Energy Efficiency Improvements Grant Program; Notice

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DEPARTMENT OF AGRICULTURE Arizona 1303 SW First American Place, Suite 100 Alan Watt, USDA Rural Development Topeka, KS 66604–4040 Rural Development; Notice of Funds 230 N. First Avenue, Suite 206 (785) 271–2744 Availability (NOFA) Inviting Phoenix, AZ 85003–1706 Kentucky Applications for the Renewable Energy (602) 280–8769 Dewayne Easter, USDA Rural Development Systems and Energy Efficiency Arkansas 771 Corporate Drive, Suite 200 Improvements Grant Program Shirley Tucker, USDA Rural Development Lexington, KY 40503 AGENCY: Rural Development, USDA. 700 West Capitol Avenue, Room 3416 (859) 224–7435 Little Rock, AR 72201–3225 ACTION: Notice. (501) 301–3280 Louisiana Kevin Boone, USDA Rural Development SUMMARY: Rural Development California 3727 Government Street announces the availability of up to Joseph Choperena, USDA Rural Development Alexandria, LA 71302 $22.8 million in competitive grant funds 430 G Street, #4169 (318) 473–7960 for fiscal year (FY) 2005 to purchase Davis, CA 95616–4169 renewable energy systems and make (530) 792–5826 Maine energy improvements for agricultural Colorado Valarie Flanders, USDA Rural Development producers and rural small businesses. 967 Illinois Avenue, Suite 4 Linda Sundine, USDA Rural Development Of the $22.8 million, $11.4 million will P.O. Box 405 655 Parfet Street, Room E–100 Bangor, ME 04402–0405 be set aside through August 31, 2005, Lakewood, CO 80215 (207) 990–9168 for guaranteed loans. These funds will (720) 544–2929 be administered under a final rule to be Massachusetts/Rhode Island/Connecticut Delaware-Maryland published in the Federal Register later James Waters, USDA Rural Development Sharon Colburn, USDA Rural Development this fiscal year. Any guaranteed loan 451 West Street, Suite 2 funds not obligated by August 31, 2005, 4607 South Dupont Hwy. P.O. Box 400 Amherst, MA 01002–2999 will be made available for competitive Camden, DE 19934–0400 (413) 253–4303 grants under this notice. (302) 697–4324 In order to be eligible for grant funds, Michigan the agricultural producer or rural small Florida/Virgin Islands Rick Vanderbeek, USDA Rural Development business must demonstrate financial Joe Mueller, USDA Rural Development 3001 Coolidge Road, Suite 200 need. The grant request must not exceed 4440 NW. 25th Place East Lansing, MI 48823 (517) 324–5218 25 percent of the eligible project costs. P.O. Box 147010 Gainesville, FL 32614–7010 Minnesota DATES: Applications must be completed (352) 338–3482 and submitted to the appropriate United Lisa Noty, USDA Rural Development States Department of Agriculture Georgia 1408 21st Avenue, Suite 3 (USDA) State Rural Development Office J. Craig Scroggs, USDA Rural Development Austin, MN 55912 postmarked no later than 90 days after 333 Phillips Drive (507) 437–8247 ext. 150 McDonough, GA 30253 the date of the published notice. (678) 583–0866 Mississippi Applications postmarked after that date Hawaii G. Gary Jones, USDA Rural Development will be returned to the applicant with Federal Building, Suite 831 no action. Tim O’Connell, USDA Rural Development 100 West Capitol Street ADDRESSES: Submit proposals to the Federal Building, Room 311 Jackson, MS 39269 USDA State Rural Development Office 154 Waianuenue Avenue (601) 965–5457 Hilo, HI 96720 where your project is located or, in the (808) 933–8313 Missouri case of a rural small business, where you are headquartered. A list of the Idaho D Clark Thomas, USDA Rural Development 601 Business Loop 70 West Brian Buch, USDA Rural Development Energy Coordinators and State Rural Parkade Center, Suite 235 Development Office addresses and 725 Jensen Grove Drive, Suite 1 Blackfoot, ID 83221 Columbia, MO 65203 telephone numbers follow. For further (573) 876–0995 information about this solicitation, (208) 785–5840, Ext. 118 please contact the applicable State Illinois Montana Office. This document is available on Patrick Lydic, USDA Rural Development John Guthmiller, USDA Rural Development our Web site at http:// 2118 West Park Court, Suite A 900 Technology Blvd., Unit 1, Suite B www.rurdev.usda.gov/rbs/farmbill/ Champaign, IL 61821 P.O. Box 850 index.html. (217) 403–6211 Bozeman, MT 59771 (406) 585–2540 USDA State Rural Development Offices Indiana Nebraska Alabama Jerry Hay, USDA Rural Development 2411 N. 1250 W. Cliff Kumm, USDA Rural Development Mary Ann Clayton, USDA Rural Deputy, IN 47230 201 North, 25 Street Development (812) 873–1100 Beatrice, NE 68310 Sterling Center, Suite 601 (402) 223–3125 4121 Carmichael Road Iowa Nevada Montgomery, AL 36106–3683 Teresa Bomhoff, USDA Rural Development (334) 279–3615 873 Federal Building Dan Johnson, USDA Rural Development 210 Walnut Street 555 West Silver Street, Suite 101 Alaska Des Moines, IA 50309 Elko, NV 89801 Dean Stewart, USDA Rural Development (515) 284–4447 (775) 738–8468, Ext. 112 800 West Evergreen, Suite 201 Palmer, AK 99645–6539 Kansas New Hampshire (907) 761–7722 F. Martin Fee, USDA Rural Development See Vermont

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New Jersey Federal Building, Room 210 Paperwork Reduction Act Michael Kelsey, USDA Rural Development 200 4th Street, SW. Huron, SD 57350 The paperwork burden has been 5th Floor North, Suite 500 cleared by the Office of Management 8000 Midlantic Drive (605) 352–1142 and Budget (OMB) under OMB Control Mt. Laurel, NJ 08054 Tennessee (856) 787–7700, Ext. 7751 Number 0570–0044. Will Dodson, USDA Rural Development New Mexico 3322 West End Avenue, Suite 300 Background Eric Vigil, USDA Rural Development Nashville, TN 37203–1084 This solicitation is issued pursuant to 6200 Jefferson Street, NE. (615) 783–1350 enactment of the Farm Security and Room 255 Texas Rural Investment Act of 2002 (2002 Albuquerque, NM 87109 Act), which established the Renewable (505) 761–4952 Pat Liles, USDA Rural Development Energy Systems and Energy Efficiency Federal Building, Suite 102 New York 101 South Main Street Improvements Program under Title IX, Scott Collins, USDA Rural Development Temple, TX 76501 Section 9006. The 2002 Act requires the The Galleries of Syracuse, Suite 357 (254) 742–9780 Secretary of Agriculture to create a 441 South Salina Street program to make direct loans, loan Syracuse, NY 13202–2541 Utah guarantees, and grants to agricultural (315) 477–6409 Richard Carrig, USDA Rural Development producers and rural small businesses to North Carolina Wallace F. Bennett Federal Building purchase renewable energy systems and 125 South State Street, Room 4311 H. Rossie Bullock, USDA Rural Development make energy efficiency improvements. P. O. Box 7426 Salt Lake City, UT 84138 The program is designed to help Lumberton, NC 28359–7426 (801) 524–4328 agricultural producers and rural small (910) 739–3349 Vermont/New Hampshire businesses reduce energy costs and North Dakota Lyn Millhiser, USDA Rural Development consumption and help meet the nation’s critical energy needs. The 2002 Act also Dale Van Eckhout, USDA Rural Development City Center, 3rd Floor Federal Building, Room 208 89 Main Street mandates the maximum percentage 220 East Rosser Avenue Montpelier, VT 05602 Rural Development will provide in P.O. Box 1737 (802) 828–6069 funding for these types of projects. The Bismarck, ND 58502–1737 Rural Development grant will not Virginia (701) 530–2065 exceed 25 percent of the eligible project Laurette Tucker, USDA Rural Development Ohio cost and will be made only to those who Culpeper Building, Suite 238 demonstrate financial need. Due to the Randy Monhemius, USDA Rural 1606 Santa Rosa Road time constraints for implementing this Development Richmond, VA 23229 Federal Building, Room 507 (804) 287–1594 program, Rural Development is issuing 200 North High Street only the grant program for FY 2005 at Columbus, OH 43215–2418 Washington this time. (614) 255–2424 Chris Cassidy, USDA Rural Development Definitions Aapplicable to This NOFA 1835 Black Lake Blvd. SW Oklahoma Suite B Agency. Rural Development or Jody Harris, USDA Rural Development Olympia, WA 98512 successor Agency assigned by the 100 USDA, Suite 108 (360) 704–7707 Secretary of Agriculture to administer Stillwater, OK 74074–2654 (405) 742–1036 West Virginia the program. Agricultural producer. An individual Oregon Cheryl Wolfe, USDA Rural Development or entity directly engaged in the 75 High Street, Room 320 Don Hollis, USDA Rural Development Morgantown, WV 26505–7500 production of agricultural products, 1229 SE Third Street, Suite A (304) 284–4882 including crops (including farming); Pendleton, OR 97801–4198 livestock (including ranching); forestry (541) 278–8049, Ext. 129 Wisconsin products; hydroponics; nursery stock; or Pennsylvania Mark Brodziski, USDA Rural Development aquaculture, whereby 50 percent or J. Gregory Greco, USDA Rural Development 4949 Kirschling Court greater of their gross income is derived One Credit Union Place, Suite 330 Stevens Point, WI 54481 from the operations. Harrisburg, PA 17110–2996 (715) 345–7615, Ext. 131 Annual receipts. The total income or (717) 237–2289 Wyoming gross income (sole proprietorship) plus cost of goods sold. Puerto Rico Milton Geiger, USDA Rural Development 1949 Sugarland Dr. Suite 118 Biogas. Biomass converted to gaseous Luis Garcia, USDA Rural Development fuels. IBM Building Sheridan, WY 82801–5749 654 Munoz Rivera Avenue, Suite 601 (307) 672–5820 ext. 4 Biomass. Any organic material that is Hato Rey, PR 00918–6106 available on a renewable or recurring SUPPLEMENTARY INFORMATION: (787) 766–5091, ext. 251 basis including agricultural crops; trees Programs Affected grown for energy production; wood South Carolina waste and wood residues; plants, R. Gregg White, USDA Rural Development This program is listed in the Catalog including aquatic plants and grasses; Strom Thurmond Federal Building of Federal Domestic Assistance under fibers; animal waste and other waste 1835 Assembly Street, Room 1007 Number 10.755. This program is subject materials; and fats, oils, and greases, Columbia, SC 29201 (803) 765–5881 to the provisions of the Executive Order including recycled fats, oils, and 12372, which requires greases. It does not include paper that South Dakota intergovernmental consultation with is commonly recycled or unsegregated Gary Korzan, USDA Rural Development State and local officials. solid waste.

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Capacity. The load that a power and transportation of electricity program. These funds will be generation unit or other electrical produced by the grantee or borrower to administered under a final rule apparatus or heating unit is rated by the another party. Other services required implementing the Section 9006 manufacturer to be able to meet or by the applicant from the utility are program, which is expected to be supply. covered under separate arrangements. promulgated in FY 2005. Any Commercially available. Systems that Pre-commercial technology. guaranteed loan funds not obligated by have a proven operating history and an Technology that has emerged through August 31, 2005, will be made available established design, installation, the research and development process for competitive grants under this notice. equipment, and service industry. and has technical and economic Rural Development grant funds may Demonstrated financial need. The potential for application in commercial be used to pay up to 25 percent of the demonstration by an applicant that the energy markets but is not yet eligible project cost. Applications for applicant is unable to finance the commercially available. renewable energy systems must be for a project from its own resources or other Renewable energy. Energy derived minimum grant request of $2,500 but no funding sources without grant from a wind, solar, biomass, or more than $500,000. Applications for assistance. geothermal source; or hydrogen derived energy efficiency improvements must be Eligible project cost. The total project from biomass or water using wind, for a minimum grant request of $2,500 cost that is eligible to be paid with grant solar, biomass or geothermal energy but no more than $250,000. The actual funds. sources. number of grants funded will depend on Energy audit. A written report by an Renewable energy system. A process the quality of proposals received and independent, qualified entity or that produces energy from a renewable the amount of funding requested. These individual that documents current energy source. limits are consistent with energy energy usage, recommended Rural. Any area other than a city or efficiency improvement projects and improvements and costs, energy savings town that has a population of greater alternative energy systems, which the from these improvements, dollars saved than 50,000 inhabitants and the Department has determined are per year, and the weighted-average urbanized area contiguous and adjacent appropriate for agricultural producers payback period in years. to such a city or town. and rural small businesses. Grant Energy efficiency improvement. Small business. An entity is limitations were based on historical data Improvements to a facility or process considered a small business in supplied from Department of Energy, that reduce energy consumption. accordance with the Small Business Environmental Protection Agency, and Financial feasibility. The ability of the Administration (SBA) small business Rural Utilities Service on renewable business to achieve the projected size standards by North American energy systems and from an energy income and cashflow. The concept Industry Classification System (NAICS) efficiency state program for energy includes assessments of the cost- found in title 13 CFR part 121. A private efficiency improvements. accounting system, the availability of entity including a sole proprietorship, short-term credit for seasonal business, partnership, corporation, cooperative Applicant Eligibility and the adequacy of raw materials and (including a cooperative qualified under To receive a grant under this notice, supplies, where necessary. section 501(c)(12) of the Internal an applicant must meet each of the Grant close-out. When all required Revenue Code) and an electric utility criteria, as applicable, as set forth in work is completed, administrative including a Tribal or Governmental paragraphs (a) through (f). actions relating to the completion of Electric Utility that provides service to (a) The applicant or borrower must be work and expenditures of funds have rural consumers on a cost-of-service an agricultural producer or rural small been accomplished, and the Agency basis without support from public funds business. accepts final expenditure information. or subsidy from the Government (b) Individuals must be citizens of the In-kind contributions. Applicant or authority establishing the district. These United States (U.S.) or reside in the U.S. third-party real or personal property or entities must operate independent of after being legally admitted for services benefiting the federally assisted direct Government control. Public or permanent residence. project or program that are contributed private nonprofit is excluded, except as (c) Entities must be at least 51 percent by the applicant or a third party. The provided above. A very small business owned, directly or indirectly, by identifiable value of goods and services is a business with fewer than 15 individuals who are either citizens of must directly benefit the project. employees and less than $1 million in the U.S. or reside in the U.S. after being Interconnection agreement. The terms annual receipts. legally admitted for permanent and conditions governing the State. Any of the 50 States, the residence. interconnection and parallel operation Commonwealth of Puerto Rico, the (d) If the applicant or borrower, or an of the grantee’s or borrower’s electric Virgin Islands of the United States, owner has an outstanding judgment generation equipment and the utility’s Guam, American Samoa, the obtained by the U.S. in a Federal Court electric power system. Other services Commonwealth of the Northern Mariana (other than in the United States Tax required by the applicant from the Islands, the Republic of Palau, the Court), is delinquent in the payment of utility are covered under separate Federated States of Micronesia, and the Federal income taxes, or is delinquent arrangements. Republic of the Marshall Islands. on a Federal debt, the applicant or Matching funds. The funds needed to Total project cost. The sum of all costs borrower is not eligible to receive a pay for the portion of the eligible project associated with a completed, grant until the judgment is paid in full costs not funded by the Agency through operational project. or otherwise satisfied, or the a grant under this program. delinquency is resolved. Other waste materials. Inorganic or Grant Amounts (e) In the case of an applicant or organic materials that are used as inputs The amount of funds available for this borrower that is applying as a rural for energy production or are by-products program in FY 2005 is approximately small business, the business of the energy production process. $22.8 million. Of the $22.8 million, headquarters must be in a rural area and Power purchase arrangement. The $11.4 million will be set aside through the project to be funded also must be in terms and conditions governing the sale August 31, 2005, for a guaranteed loan a rural area.

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(f) The applicant must have audit will provide more energy savings must contain the following information demonstrated financial need. than improving an existing facility. on the agricultural producer or small Adverse actions made on applications Only costs identified in the energy audit business seeking funds under this are appealable pursuant to 7 CFR part for energy efficiency projects are program: 11. allowed. (i) Business/farm/ranch operation. (A) (2) The applicant must provide at A description of the ownership, Project Eligibility least 75 percent of eligible project costs including a list of individuals and/or For a project to be eligible to receive to complete the project. Applicant in- entities with ownership interest, names a grant under this notice, the proposed kind and other Federal grant awards of any corporate parents, affiliates, and project must meet each of the criteria, as cannot be used to meet the 75 percent subsidiaries, as well as a description of applicable, in paragraphs (a) through (f). match requirements. However, the the relationship, including products, (a) The project must be for the Agency will allow third-party, in-kind between these entities. purchase of a renewable energy system contributions to be used in meeting the (B) A description of the operation. or to make energy efficiency matching requirement. Third-party, in- (ii) Management. The resume of key improvements. kind contributions will be limited to 10 managers focusing on relevant business (b) The project must be for a pre- percent of the 75 percent match experience. If a third-party operator is commercial or commercially available requirement of the grantee. The Agency used to monitor and manage the project, and replicable technology, not for will advise if the third-party, in-kind provide a discussion on the benefits and research and development. contributions are acceptable in burdens of such monitoring and (c) The project must be technically accordance with 7 CFR part 3015. management, as well as the feasible. (b) The maximum amount of grant qualifications of the third party. (d) The project must be located in a assistance to one individual or entity for (iii) Financial information. (A) rural area. applications for Renewable Energy Explanation of demonstrated financial (e) The applicant must be the owner Systems and Energy Efficiency need. of the system and control the operation Improvements will not exceed $750,000. (B) For rural small businesses, a and maintenance of the proposed (c) Applications for renewable energy current balance sheet and income project. A qualified third-party operator systems must be for a minimum grant statement prepared in accordance with may be used to manage the operation request of $2,500 but no more than generally accepted accounting and/or for maintenance of the proposed $500,000. principles (GAAP) and dated within 90 project. (d) Applications for energy efficiency days of the application. Agricultural (f) All projects must be based on improvements must be for a minimum producers must present financial satisfactory sources of revenues in an grant request of $2,500 but no more than information in the format that is amount sufficient to provide for the $250,000. generally required by commercial operation and maintenance of the agriculture lenders. Financial Application and Documentation system or project. information is required on the total (g) The total input from a (a) Application. Separate applications operations of the agricultural producer/ nonrenewable energy source for must be submitted for Renewable small business and its parent, necessary and incidental requirements Energy System and Energy Efficiency subsidiary, or affiliates at other of the energy system will be determined Improvement projects. For each type of locations. by the technical reviewers. project, two complete copies of the (C) Rural small businesses must application must be submitted. provide sufficient information to Grant Funding (1) Table of Contents. The first item in determine total annual receipts of the (a) The amount of grant funds that each application will be a detailed Table business and any parent, subsidiary, or will be made available to an eligible of Contents in the order presented affiliates at other locations. Voluntarily project under this notice will not exceed below. Include page numbers for each providing tax returns is one means of 25 percent of eligible project costs. component of the proposal. Begin satisfying this requirement. Information (1) The only eligible project costs are pagination immediately following the provided must be sufficient for the those costs associated with the items Table of Contents. Agency to make a determination of total identified in paragraphs (a)(1)(i) through (2) Project Summary. A summary of income and cost of goods sold by the (ix). The items must be an integral and the project proposal, not to exceed one business. necessary part of the total project: page, must include the following: Title (D) If available, historical financial (i) Post-application purchase and of the project, a detailed description of statements prepared in accordance with installation of equipment, except the project including its purpose and GAAP for the past 3 years, including agricultural tillage equipment and need, goals and tasks to be income statements and balance sheets. If vehicles; accomplished, names of the individuals agricultural producers are unable to (ii) Post-application construction or responsible for conducting and present this information in accordance project improvements, except completing the tasks, and the expected with GAAP, they may instead present residential; timeframes for completing all tasks, financial information for the past 3 (iii) Energy audits or assessments; including an operational date. The years in the format that is generally (iv) Permit fees; applicant must also clearly state required by commercial agriculture (v) Professional service fees, except whether the application is for the lenders. for application preparation; purchase of a renewable energy system (E) Pro forma balance sheet at startup (vi) Feasibility studies; or to make energy efficiency of the agricultural producer’s/small (vii) Business plans; improvements. business’ business that reflects the use (viii) Retrofitting; and (3) Eligibility. Each applicant must of the loan proceeds or grant award; and (ix) Construction of a new facility describe how it meets the eligibility 3 additional years, indicating the only when the facility is used for the requirements. necessary startup capital, operating same purpose, is approximately the (4) Agricultural producer/small capital, and short-term credit; and same size, and based on the energy business information. All applications projected cashflow and income

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statements for 3 years supported by a (7) Exhibit A–1, (Certification for funds to be obligated by September 30, list of assumptions showing the basis for Contracts, Grants and Loans) of RD 2005, grant funds will not be awarded. the projections. Instruction 1940–Q required by Section (c) Feasibility study for renewable (F) For agricultural producers, 319 of Public Law 101–121 if the grant energy systems. Each application for a identify the gross market value of your exceeds $100,000 or Exhibit A–2, renewable energy system project, except agricultural products for the calendar (Statement of Loan Guarantees) of RD for requests of $50,000 or less, must year preceding the year in which you Instruction 1940–Q required by Section include a project-specific feasibility submit your application. 319 of Public Law 101–121 if the study prepared by a qualified (iv) Production information for guaranteed loan exceeds $150,000. independent consultant. The feasibility renewable energy system projects. (A) (8) If the applicant has made or agreed study must include an analysis of the Provide a statement as to whether the to make payment using funds other than market, financial, economic, technical, technology to be employed by the Federal appropriated funds to influence and management feasibility of the facility is commercially or pre- or attempt to influence a decision in proposed project. The feasibility study commercially available and replicable. connection with the application, Form must also include an opinion and a Provide information to support this SF–LLL, ‘‘Disclosure of Lobbying recommendation by the independent position. Activities,’’ must be completed. consultant. (B) Describe the availability of (9) AD–1047, ‘‘Certification Regarding (d) Technical requirements reports. materials, labor, and equipment for the Debarment, Suspension, and Other The technical report must demonstrate facility. Responsibility Matters—Primary that the project design, procurement, (v) Business market information for Covered Transactions.’’ installation, startup, operation and renewable energy system projects. (10) Form RD 400–1, ‘‘Equal maintenance of the Renewable Energy (A) Demand. Identify the demand Opportunity Agreement.’’ System or Energy Efficiency (past, present, and future) for the (11) Form RD 400–4, ‘‘Assurance Improvement will operate or perform as product and/or service and who will Agreement.’’ specified over its design life in a reliable buy the product and/or service. (12) If the project involves and a cost effective manner. The (B) Supply. Identify the supply (past, interconnection to an electric utility, a technical report must also identify all present, and future) of the product and/ copy of a letter of intent to purchase necessary project agreements, or service and your competitors. power, a power purchase agreement, a demonstrate that those agreements will (C) Market niche. Given the trends in copy of a letter of intent for an be in place, and that necessary project demand and supply, describe how the interconnection agreement, or an equipment and services are available business will be able to sell enough of interconnection agreement will be over the design life. its product/service to be profitable. All technical information provided required from your utility company or (vi) A Dun and Bradstreet Universal must follow the format specified in other purchaser for renewable energy Numbering System (DUNS) number. paragraphs (d)(1) through (10). The systems. (b) Forms, certifications, and technical reports will provide the basis (13) If applicable, intergovernmental agreements. Each application submitted for the technical merit score and project consultation comments in accordance must contain, as applicable, the items eligibility determination as required by with Executive Order 12372. identified in paragraphs (b)(1) through this notice. Supporting information may (14) Applicants and borrowers must (15) of this section. be submitted in other formats. provide a certification indicating (1) Form SF–424, ‘‘Application for Preliminary design drawings and whether or not there is a known Federal Assistance.’’ process flow charts should be included relationship or association with an (2) Form SF–424C, ‘‘Budget as exhibits. A discussion of each topic Agency employee. Information—Construction Programs.’’ identified in paragraphs (d)(1) through (15) Environmental review. All Each cost classification category listed (10) is not necessary if the topic is not applicants must complete Form RD on the form must be filled out if it applicable to the specific project. 1940–20, ‘‘Request for Environmental applies to your project. Any cost Questions identified in the Agency’s Information.’’ All applicants will be category item not listed on the form that technical review of the project must be responsible for providing all applies to your project can be put under answered to the Agency’s satisfaction information necessary for the Agency to the miscellaneous category. Attach a before the application will be approved. do a National Environmental Policy Act separate sheet if you are using the The applicant must submit the original (NEPA) review and analysis in miscellaneous category and list each technical requirements report, plus one accordance with 7 CFR part 1940, miscellaneous cost by not allowable and copy to the State Rural Development subpart G. Any additional allowable costs in the same format as on Office. Projects requesting more than environmental information required Form SF–424C. All project costs must $50,000 require the services of a will be conveyed to the applicant after be categorized as either allowable or not professional engineer (PE). Depending a preliminary review of the grant allowable. on the level of engineering required for application by the State Rural (3) Form SF–424D, ‘‘Assurances— the specific project or if necessary to Development Office. Any applicable Construction Programs.’’ ensure public safety, the services of a PE analyses and studies required as part of (4) AD–1049, ‘‘Certification Regarding may be required for smaller projects. Drug-Free Workplace Requirements.’’ completing the NEPA analysis (i.e., Below are the requirements for the (5) AD–1048, ‘‘Certification Regarding Historical and Cultural Resource, technical reports for specific Debarment, Suspension, Ineligibility Biological Assessments, etc.) will be the technologies. It is only necessary to read and Voluntary Exclusion—Lower Tiered responsibility of the applicant. The the one that fits your proposed project. Covered Transactions.’’ applicant should strive to achieve The 10 technology areas are: (6) A copy of a bank statement or a positive community support, select • Biomass, bio-energy; copy of the confirmed funding good sites, and mitigate environmental • Biomass, anaerobic digesters; commitment from the funding source. impacts resulting from his/her proposal. • Geothermal, electric generation; Matching funds must be included on If an environmental review cannot be • Geothermal, direct use; Forms SF–424 and SF–424C. completed in sufficient time for grant • Hydrogen;

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• Solar, small; contractor qualifications for permits (i.e. wetland fill, endangered • Solar, large; engineering, designing, and installing species, air quality, NPDES, etc.) • Wind, small; biomass energy systems including any (iii) Resource assessment. The • Wind, large; and relevant certifications by recognized applicant must provide adequate and • Energy efficiency improvements. organizations or bodies. Provide a list of appropriate evidence of the availability (1) Biomass, bioenergy. The technical the same or similar projects designed, of the renewable resource required for requirements specified in paragraphs installed, or supplied and currently the system to operate as designed. (d)(1)(i) through (x) apply to renewable operating and with references if Indicate the type, quantity, quality, and energy projects that produce fuel, available; and seasonality of the biomass resource thermal energy, or electric power from (D) Describe the system operator’s including harvest and storage, where a biomass source, including wood, qualifications and experience for applicable. Where applicable, also agricultural residue excluding animal servicing, operating, and maintaining indicate shipping or receiving method wastes, or other energy crops considered biomass renewable energy equipment or and required infrastructure for shipping. biomass or bioenergy projects. The projects. Provide a list of the same or For proposed projects with an major components of bioenergy systems similar projects designed, installed, or established resource, provide a will vary significantly depending on the supplied and currently operating and summary of the resource. type of feedstock, product, type of with references if available. (iv) Design and engineering. The process, and size of the process, but in (ii) Agreements and permits. The applicant must provide authoritative general includes components around applicant must identify all necessary evidence that the system will be which the balance of the system is agreements and permits required for the designed and engineered so as to meet designed. project and the status and schedule for its intended purpose and need, ensure (i) Qualifications of project team. The securing those agreements and permits, public safety, mitigate any adverse biomass project team will vary including the items specified in environmental impacts, and comply according to the complexity and scale of paragraphs (d)(1)(ii)(A) through (G). with applicable laws, regulations, the project. For engineered systems, the agreements, permits, codes, and (A) Biomass systems must be installed project team should consist of a system standards. Projects shall be engineered in accordance with applicable local, designer, a project manager, an by a qualified entity. Systems must be State, and national codes and equipment supplier, a project engineer, engineered as a complete, integrated regulations. Identify zoning and code a construction contractor or system system with matched components. The issues, and required permits and the installer, and a system operator and engineering must be comprehensive schedule for meeting those requirements maintainer. One individual or entity including site selection, system and and securing those permits. may serve more than one role. component selection, and system The project team must have (B) Identify licenses where required monitoring equipment. Systems must be demonstrated expertise in similar and the schedule for obtaining those constructed by a qualified entity. biomass systems development, licenses. (A) The application must include a engineering, installation, and (C) Identify land use agreements concise but complete description of the maintenance. The applicant must required for the project and the biomass project including location of provide authoritative evidence that schedule for securing the agreements the project, resource characteristics, project team service providers have the and the term of those agreements. system specifications, electric power necessary professional credentials or (D) Identify any permits or agreements system interconnection, and monitoring relevant experience to perform the required for solid, liquid, and gaseous equipment. Identify possible vendors required services. The applicant must emissions or effluents and the schedule and models of major system also provide authoritative evidence that for securing those permits and components. Describe the expected vendors of proprietary components can agreements. electric power, fuel production, or provide necessary equipment and spare (E) Identify available component thermal energy production of the parts for the system to operate over its warranties for the specific project proposed system as rated and as design life. The application must: location and size. expected in actual field conditions. For (A) Discuss the proposed project (F) Systems interconnected to the systems with a capacity more than 20 delivery method. Such methods include electric power system will need tons per day of biomass, address a design, bid, build where a separate arrangements to interconnect with the performance on a monthly and annual engineering firm may design the project utility. Identify utility system basis. For small projects such as a and prepare a request for bids and the interconnection requirements, power commercial biomass furnace or successful bidder constructs the project purchase arrangements, or licenses pelletizer of up to 5 tons daily capacity, at the applicant’s risk, and a design where required and the schedule for proven, commercially available devices build method, often referred to as turn meeting those requirements and need not be addressed in detail. key, where the applicant establishes the obtaining those agreements. This is Describe the uses of or the market for specifications for the project and required even if the system is installed electricity, heat, or fuel produced by the secures the services of a developer who on the customer side of the utility system. Discuss the impact of reduced will design and build the project at the meter. For systems planning to utilize a or interrupted biomass availability on developer’s risk; local net metering program, describe the the system process. (B) Discuss the biomass system applicable local net metering program. (B) The application must include a equipment manufacturers of major (G) Describe all potential description of the siting criteria used in components being considered in terms environmental impacts resulting from selecting the project site and the reason of the length of time in business and the siting issues, construction, and for elimination of other site alternatives number of units installed at the capacity operation of the proposed project. considered and address issues such as and scale being considered; Identify other site or design alternatives site access, foundations, backup (C) Discuss the project manager, that were considered in your planning equipment when applicable, and equipment supplier, system designer, process. Identify all environmental environmental issues with emphasis on project engineer, and construction compliance issues such as required land use, air quality, water quality,

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noise pollution, soil degradation, and the conditions required for startup The project team must have wildlife, habitat fragmentation, and shakedown for each equipment demonstrated commercial-scale aesthetics, odor, and other construction item individually and for the system as expertise in anaerobic digester systems and installation issues applicable to this a whole. development, engineering, installation, type of technology. Identify any unique (ix) Operations and maintenance. The and maintenance as related to the construction and installation issues. applicant must identify the operations organic materials and operating mode of (C) Sites must be controlled by the and maintenance requirements of the the system. The applicant must provide agricultural producer or small business system necessary for the system to authoritative evidence that project team for the proposed project life or for the operate as designed over the design life. service providers have the necessary financing term of any associated Federal The applicant must: professional credentials or relevant loans or loan guarantees. (A) Provide information regarding experience to perform the required (v) Project development schedule. The available system and component services. The applicant must also applicant must identify each significant warranties and availability of spare provide authoritative evidence that task, its beginning and end, and its parts; vendors of proprietary components can relationship to the time needed to (B) Have a biomass input capacity provide necessary equipment and spare initiate and carry the project through exceeding 10 tons of biomass per day for parts for the system to operate over its startup and shakedown. Provide a systems. design life. The applicant must: detailed description of the project (1) Describe the routine operations (A) Discuss the proposed project timeline including resource assessment, and maintenance requirements of the delivery method. Such methods include system and site design, permits and proposed system, including a design, bid, build where a separate agreements, equipment procurement, maintenance schedule for the engineering firm may design the project and system installation from excavation mechanical, piping, and electrical and prepare a request for bids and the through startup and shakedown. systems and system monitoring and successful bidder constructs the project (vi) Financial feasibility. The control requirements. Provide at the applicant’s risk, and a design applicant must provide a study that information that supports expected build method, often referred to as turn describes costs and revenues of the design life of the system and timing of key, where the applicant establishes the proposed project to demonstrate the major component replacement or specifications for the project and financial performance of the project. rebuilds; and secures the services of a developer who Provide a detailed analysis and (2) Discuss the costs and labor will design and build the project at the description of project costs including associated with operations and developer’s risk; project management, resource maintenance of system and plans for in assessment, project design, project or outsourcing. Describe opportunities (B) Discuss the anaerobic digester permitting, land agreements, equipment, for technology transfer for long term system equipment manufacturers of site preparation, system installation, project operations and maintenance by major components being considered in startup and shakedown, warranties, a local entity or owner/operator; and terms of the length of time in business insurance, financing, professional (C) Provide and discuss the risk and the number of units installed at the services, and operations and management plan for handling large, capacity and scale being considered; maintenance costs. Provide a detailed unanticipated failures or major (C) Discuss the project manager, analysis and description of annual components. Include in the discussion, equipment supplier, system designer, project revenues and expenses. Provide costs and labor associated with project engineer, and construction a detailed description of applicable operations and maintenance of system contractor qualifications for investment, productivity, tax, loan, and and plans for insourcing or outsourcing. engineering, designing, and installing grant incentives. (x) Decommissioning. When anaerobic digester systems including (vii) Equipment procurement. The uninstalling or removing the project, any relevant certifications by recognized applicant must demonstrate that describe the decommissioning process. organizations or bodies. Provide a list of equipment required by the system is Describe any issues, environmental the same or similar projects designed, available and can be procured and compliance requirements, and costs for installed, or supplied and currently delivered within the proposed project removal and disposal of the system. operating consistent with the substrate development schedule. Biomass systems (2) Biomass, Anaerobic digester. The material and with references if may be constructed of components technical requirements specified in available; and manufactured in more than one paragraphs (d)(2)(i) through (x) apply to (D) For regional or centralized location. Provide a description of any renewable energy projects, called digester plants, describe the system unique equipment procurement issues anaerobic digester projects, that use operator’s qualifications and experience such as scheduling and timing of animal waste and other organic for servicing, operating, and component manufacture and delivery, substrates to produce thermal or maintaining similar projects. Farm scale ordering, warranties, shipping, electrical energy via anaerobic systems may not require operator receiving, and on-site storage or digestion. The major components of an experience as the developer is typically inventory. Procurement must be made anaerobic digester system include the required to provide operational training in accordance with the requirements of digester, the gas handling and during system startup and shakedown. 7 CFR part 3015. transmission systems, and the gas use Provide a list of the same or similar (viii) Equipment installation. The system. projects designed, installed, or supplied applicant must fully describe the (i) Qualifications of project team. The and currently operating consistent with management of and plan for site anaerobic digester project team should the substrate material and with development and system installation, consist of a system designer, a project references if available. provide details regarding the scheduling manager, an equipment supplier, a (ii) Agreements and permits. The of major installation equipment needed project engineer, a construction applicant must identify all necessary for project construction, and provide a contractor, and a system operator or agreements and permits required for the description of the startup and maintainer. One individual or entity project and the status and schedule for shakedown specification and process may serve more than one role. securing those agreements and permits,

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including the items specified in biodegradability studies to produce gas excavation through startup and paragraphs (d)(2)(ii)(A) through (G). production estimates for the project on shakedown, and operator training. (A) Anaerobic digester systems must daily, monthly, and seasonal bases. (vi) Financial feasibility. The be installed in accordance with (iv) Design and engineering. The applicant must provide a study that applicable local, State, and national applicant must provide authoritative describes costs and revenues of the codes and regulations. Anaerobic evidence that the system will be proposed project to demonstrate the digesters must also be designed and designed and engineered so as to meet financial performance of the project. constructed in accordance with USDA its intended purpose and need, will Provide a detailed analysis and anaerobic digester standards. Identify ensure public safety, mitigate any description of project costs including zoning and code issues, and required adverse environmental impacts, and project management, feedstock permits and the schedule for meeting will comply with applicable laws, assessment, project design, project those requirements and securing those regulations, agreements, permits, codes, permitting, land agreements, equipment, permits. and standards. Projects shall be site preparation, system installation, (B) Identify licenses where required engineered by a qualified entity. startup and shakedown, warranties, and the schedule for obtaining those Systems must be engineered as a insurance, financing, professional licenses. complete, integrated system with services, training and operations, and (C) For regional or centralized digester matched components. The engineering maintenance costs of both the digester plants, identify feedstock access must be comprehensive including site and the gas use systems. Provide a agreements required for the project and selection, digester component selection, detailed analysis and description of the schedule for securing those gas handling component selection, and annual project revenues and expenses. agreements and the term of those gas use component selection. Systems Provide a detailed description of agreements. must be constructed by a qualified applicable investment, productivity, tax, (D) Identify any permits or agreements entity. loan, and grant incentives. required for transport and ultimate (vii) Equipment procurement. The (A) The application must include a waste disposal and the schedule for applicant must demonstrate that concise but complete description of the securing those agreements and permits. equipment required by the system is anaerobic digester project including (E) Identify available component available and can be procured and location of the project, farm description, warranties for the specific project delivered within the proposed project feedstock characteristics, a step-by-step location and size. development schedule. Anaerobic flowchart of unit operations, electric (F) Systems interconnected to the digester systems may be constructed of power system interconnection electric power system will need components manufactured in more than equipment, and any required arrangements to interconnect with the one location. Provide a description of monitoring equipment. Identify possible utility. Identify utility system any unique equipment procurement interconnection requirements, power vendors and models of major system issues such as scheduling and timing of purchase arrangements, or licenses components. Provide the expected component manufacture and delivery, where required and the schedule for system energy production, heat ordering, warranties, shipping, meeting those requirements and balances, material balances as part of receiving, and on-site storage or obtaining those agreements. This is the unit operations flowchart. inventory. Procurement must be made required even if the system is installed (B) The application must include a in accordance with the requirements of on the customer side of the utility description of the siting criteria used in 7 CFR part 3015. meter. For systems planning to utilize a selecting the project site and the reason (viii) Equipment installation. The local net metering program, describe the for elimination of other site alternatives applicant must fully describe the applicable local net metering program. considered and address issues such as management of and plan for site (G) Describe all potential site access, foundations, backup development and system installation, environmental impacts resulting from equipment when applicable, and provide details regarding the scheduling siting issues, construction and operation environmental issues with emphasis on of major installation equipment needed of the proposed project. Identify other land use, air quality, water quality, for project construction, and provide a site or design alternatives that were noise pollution, soil degradation, description of the startup and considered in your planning process. wildlife, habitat fragmentation, shakedown specification and process Identify all environmental compliance aesthetics, odor, and other construction and the conditions required for startup issues such as required permits (i.e., and installation issues applicable to this and shakedown for each equipment wetland fill, endangered species, air type of technology. Identify any unique item individually and for the system as quality, NPDES, etc.) construction and installation issues. a whole. (iii) Resource assessment. The (C) Sites must be controlled by the (ix) Operations and maintenance. The applicant must provide adequate and agricultural producer or small business applicant must identify the operations appropriate evidence of the availability for the proposed project life or for the and maintenance requirements of the of the renewable resource required for financing term of any associated Federal system necessary for the system to the system to operate as designed. loans or loan guarantees. operate as designed over the design life. Indicate the substrates used as digester (v) Project development schedule. The The applicant must: inputs including animal wastes, food applicant must identify each significant (A) Ensure that systems must have at processing wastes, or other organic task, its beginning and end, and its least a 3-year warranty for equipment wastes in terms of type, quantity, relationship to the time needed to and a 10-year warranty on design. seasonality, and frequency of collection. initiate and carry the project through Provide information regarding system Describe any special handling of startup and shakedown. Provide a warranties and availability of spare feedstock that may be necessary. detailed description of the project parts; Describe the process for determining the timeline including feedstock (B) Describe the routine operations feedstock resource. Provide either assessment, system and site design, and maintenance requirements of the tabular values or laboratory analysis of permits and agreements, equipment proposed project, including representative samples that include procurement, system installation from maintenance for the digester, the gas

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handling equipment, and the gas use and prepare a request for bids and the where required and the schedule for systems. Describe any maintenance successful bidder constructs the project meeting those requirements and requirements for system monitoring and at the applicant’s risk, and a design obtaining those agreements. control equipment; build method, often referred to as turn (F) Describe all potential (C) Provide information that supports key, where the applicant establishes the environmental impacts resulting from expected design life of the system and specifications for the project and siting issues, construction and operation the timing of major component secures the services of a developer who of the proposed project. Identify other replacement or rebuilds; will design and build the project at the site or design alternatives that were (D) Provide and discuss the risk developer’s risk; considered in your planning process. management plan for handling large, (B) Discuss the geothermal plant Identify all environmental compliance unanticipated failures of major equipment manufacturers of major issues such as required permits (i.e., components. Include in the discussion, components being considered in terms wetland fill, endangered species, Air costs and labor associated with of the length of time in business and the Quality, State Water Quality operations and maintenance of system number of units installed at the capacity Certification, etc.) and plans for insourcing or outsourcing; and scale being considered; (iii) Resource assessment. The and (C) Discuss the project manager, applicant must provide adequate and (E) Describe opportunities for equipment supplier, system designer, appropriate evidence of the availability technology transfer for long-term project project engineer, and construction of the renewable resource required for operations and maintenance by a local contractor qualifications for the system to operate as designed. entity or owner/operator. engineering, designing, and installing Indicate the quality of the geothermal (x) Decommissioning. When geothermal electric generation systems resource including temperature, flow, uninstalling or removing the project, including any relevant certifications by and sustainability and what conversion describe the decommissioning process. recognized organizations or bodies. system is to be installed. Describe any Describe any issues, environmental Provide a list of the same or similar special handling of cooled geothermal compliance requirements, and costs for projects designed, installed, or supplied waters that may be necessary. Describe removal and disposal of the system. and currently operating and with the process for determining the (3) Geothermal, electric generation. references if available; and geothermal resource including The technical requirements specified in (D) Describe system operator’s measurement setup for the collection of paragraphs (d)(3)(i) through (x) apply to qualifications and experience for the geothermal resource data. For geothermal projects that produce servicing, operating, and maintaining proposed projects with an established electric power from the thermal electric generating geothermal projects. resource, provide a summary of the potential of a geothermal source. The Provide a list of the same or similar resource and the specifications of the major components of an electric projects designed, installed, or supplied measurement setup. generating geothermal system include and currently operating and with (iv) Design and engineering. The the production well, the separator or references if available. applicant must provide authoritative heat exchanger, the turbine, the (ii) Agreements and permits. The evidence that the system will be generator, condenser, and the balance of applicant must identify all necessary designed and engineered so as to meet station elements including the field agreements and permits required for the its intended purpose and need, will piping, roads, fencing and grading, plant project and the status and schedule for ensure public safety, mitigate any buildings, transformers and other securing those agreements and permits, adverse environmental impacts, and electrical infrastructure such as including the items specified in will comply with applicable laws, interconnection equipment. paragraphs (d)(3)(ii)(A) through (F). regulations, agreements, permits, codes, (i) Qualifications of project team. The (A) Electric generating geothermal and standards. Projects shall be electric generating geothermal plant systems must be installed in accordance engineered by a qualified entity. project team should consist of a system with applicable local, State, and Systems must be engineered as a designer, a project manager, an national codes and regulations. Identify complete, integrated system with equipment supplier, a project engineer, zoning and code issues, and required matched components. The engineering a construction contractor, and a system permits and the schedule for meeting must be comprehensive including site operator and maintainer. One individual those requirements and securing those selection, system and component or entity may serve more than one role. permits. selection, conversion system component The project team must have (B) Identify any permits or agreements and selection, design of the local demonstrated expertise in geothermal required for well construction and for collection grid, interconnection electric generation systems disposal or re-injection of cooled equipment selection, and system development, engineering, installation, geothermal waters and the schedule for monitoring equipment. Systems must be and maintenance. The applicant must securing those agreements and permits. constructed by a qualified entity. provide authoritative evidence that (C) Identify land use or access to the (A) The application must include a project team service providers have the resource agreements required for the concise but complete description of the necessary professional credentials or project and the schedule for securing geothermal project including location of relevant experience to perform the the agreements and the term of those the project, resource characteristics, required services. The applicant must agreements. thermal system specifications, electric also provide authoritative evidence that (D) Identify available component power system interconnection vendors of proprietary components can warranties for the specific project equipment and project monitoring provide necessary equipment and spare location and size. equipment. Identify possible vendors parts for the system to operate over its (E) Systems interconnected to the and models of major system design life. The applicant must: electric power system will need components. Provide the expected (A) Discuss the proposed project arrangements to interconnect with the system energy production on a monthly delivery method. Such methods include utility. Identify utility system and annual basis. a design, bid, build where a separate interconnection requirements, power (B) The application must include a engineering firm may design the project purchase arrangements, or licenses description of the siting criteria used in

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selecting the project site and the reason receiving, and on-site storage or of-use heat exchangers and control for elimination of other site alternatives inventory. Procurement must be made systems. considered and address issues such as in accordance with the requirements of (i) Qualifications of project team. The site access, foundations, backup 7 CFR part 3015. geothermal project team should consist equipment when applicable, proximity (viii) Equipment installation. The of a system designer, a project manager, to the electrical grid, environmental applicant must fully describe the an equipment supplier, a project issues with emphasis on land use, air management of and plan for site engineer, a construction contractor, and quality, water quality, noise pollution, development and system installation, a system operator and maintainer. One soil degradation, wildlife, habitat provide details regarding the scheduling individual or entity may serve more fragmentation, aesthetics, odor, and of major installation equipment needed than one role. other construction, and installation for project construction, and provide a The project team must have issues applicable to this type of description of the startup and demonstrated expertise in geothermal technology. Identify any unique shakedown specification and process heating systems development, construction and installation issues. and the conditions required for startup engineering, installation, and (C) Sites must be controlled by the or shakedown for each equipment item maintenance. The applicant must agricultural producer or small business individually and for the system as a provide authoritative evidence that for the proposed project life or for the whole. project team service providers have the financing term of any associated Federal (ix) Operations and maintenance. The necessary professional credentials or loans or loan guarantees. applicant must identify the operations relevant experience to perform the (v) Project development schedule. The and maintenance requirements of the required services. The applicant must applicant must identify each significant system necessary for the system to also provide authoritative evidence that task, its beginning and end, and its operate as designed over the design life. vendors of proprietary components can relationship to the time needed to The applicant must: provide necessary equipment and spare parts for the system to operate over its initiate and carry the project through (A) ensure that systems must have at startup and shakedown. Provide a design life. The applicant must: least a 3-year warranty for equipment. detailed description of the project (A) Discuss the proposed project Provide information regarding turbine timeline including resource assessment, delivery method. Such method include warranties and availability of spare system and site design, permits and a design, bid, build where a separate parts; agreements, equipment procurement, engineering firm may design the project (B) describe the routine operations and system installation from excavation and prepare a request for bids and the and maintenance requirements of the through startup and shakedown. successful bidder constructs the project (vi) Financial feasibility. The proposed project, including at the applicant’s risk, and a design applicant must provide a study that maintenance for the mechanical and build method, often referred to as turn describes costs and revenues of the electrical systems and system key, where the applicant establishes the proposed project to demonstrate the monitoring and control requirements; specifications for the project and financial performance of the project. (C) provide information that supports secures the services of a developer who Provide a detailed analysis and expected design life of the system and will design and build the project at the description of project costs including timing of major component replacement developer’s risk; project management, resource or rebuilds; (B) Discuss the geothermal system assessment, project design, project (D) provide and discuss the risk equipment manufacturers of major permitting, land agreements, equipment, management plan for handling large, components being considered in terms site preparation, system installation, unanticipated failures of major of the length of time in business and the startup and shakedown, warranties, components such as the turbine. Include number of units installed at the capacity insurance, financing, professional in the discussion, costs and labor and scale being considered; services, and operations and associated with operations and (C) Discuss the project manager, maintenance costs. Provide a detailed maintenance of system and plans for equipment supplier, system designer, analysis and description of annual insourcing or outsourcing; and project engineer, and construction project revenues including electricity (E) Describe opportunities for contractor qualifications for sales, production tax credits, revenues technology transfer for long term project engineering, designing, and installing from green tags, and any other operations and maintenance by a local direct use geothermal systems including production incentive programs entity or owner/operator. any relevant certifications by recognized throughout the life of the project. (x) Decommissioning. When organizations or bodies. Provide a list of Provide a detailed description of uninstalling or removing the project, the same or similar projects designed, applicable investment incentives, describe the decommissioning process. installed, or supplied and currently productivity incentives, loans, and Describe any issues, any environmental operating and with references if grants. compliance requirements, and costs for available; and (vii) Equipment procurement. The removal and disposal of the system. (D) Describe system operator’s applicant must demonstrate that (4) Geothermal, direct use. The qualifications and experience for equipment required by the system is technical requirements specified in servicing, operating, and maintaining available and can be procured and paragraphs (d)(4)(i) through (x) apply to direct use generating geothermal delivered within the proposed project geothermal projects that directly use projects. Provide a list of the same or development schedule. Geothermal thermal energy from a geothermal similar projects designed, installed, or systems may be constructed of source. The major components of a supplied and currently operating and components manufactured in more than direct use geothermal system include with references if available. one location. Provide a description of the production well, the heat exchanger, (ii) Agreements and permits. The any unique equipment procurement pumps, and the balance of station applicant must identify all necessary issues such as scheduling and timing of elements including the field piping, re- agreements and permits required for the component manufacture and delivery, injection wells or other disposal project and the status and schedule for ordering, warranties, shipping, equipment as required, and final point- securing those agreements and permits,

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including the items specified in matched components. The engineering (vii) Equipment procurement. The paragraphs (d)(4)(ii)(A) through (F). must be comprehensive including site applicant must demonstrate that (A) Direct use geothermal systems selection, system and component equipment required by the system is must be installed in accordance with selection, thermal system component available and can be procured and applicable local, State, and national selection, and system monitoring delivered within the proposed project codes and regulations. Identify zoning equipment. Systems must be development schedule. Geothermal and code issues, and required permits constructed by a qualified entity. systems may be constructed of and the schedule for meeting those (A) The application must include a components manufactured in more than requirements and securing those concise but complete description of the one location. Provide a description of permits. geothermal project including location of any unique equipment procurement (B) Identify licenses where required the project, resource characteristics, issues such as scheduling and timing of and the schedule for obtaining those thermal system specifications, and component manufacture and delivery, licenses. monitoring equipment. Identify possible ordering, warranties, shipping, (C) Identify land use or access to the vendors and models of major system receiving, and on-site storage or resource agreements required for the components. Provide the expected inventory. Procurement must be made project and the schedule for securing system energy production on a monthly in accordance with the requirements of the agreements and the term of those and annual basis. 7 CFR part 3015. agreements. (B) The application must include a (viii) Equipment installation. The (D) Identify any permits or agreements description of the siting criteria used in applicant must fully describe the required for well construction and for selecting the project site and the reason management of and plan for site disposal or re-injection of cooled for elimination of other site alternatives development and system installation, geothermal waters and the schedule for considered and address issues such as, provide details regarding the scheduling securing those permits and agreements. site access, foundations, thermal backup of major installation equipment needed (E) Identify available component equipment, and environmental issues for project construction, and provide a warranties for the specific project with emphasis on land use, air quality, description of the startup and location and size. water quality, noise pollution, soil shakedown specification and process (F) Describe all potential degradation, wildlife, habitat and the conditions required for startup environmental impacts resulting from fragmentation, aesthetics, odor, and and shakedown for each equipment siting issues, construction, and other construction, and installation item individually and for the system as operation of the proposed project. issues applicable to this type of a whole. Identify other site or design alternatives technology. Identify any unique (ix) Operations and maintenance. The that were considered in your planning construction and installation issues. applicant must identify the operations process. Identify all environmental (C) Sites must be controlled by the and maintenance requirements of the compliance issues such as required agricultural producer or small business system necessary for the system to permits (i.e. wetland fill, endangered for the proposed project life or for the operate as designed over the design life. species, Air Quality, State Water Quality financing term of any associated Federal The applicant must: Certification, etc.). loans or loan guarantees. (A) Ensure that systems must have at (iii) Resource assessment. The (v) Project development schedule. The least a 3-year warranty for equipment. applicant must provide adequate and applicant must identify each significant Provide information regarding system appropriate evidence of the availability task, its beginning and end, and its warranties and availability of spare of the renewable resource required for relationship to the time needed to parts; the system to operate as designed. initiate and carry the project through (B) Describe the routine operations Indicate the quality of the geothermal startup and shakedown. Provide a and maintenance requirements of the resource including temperature, flow, detailed description of the project proposed project, including and sustainability and what direct use timeline including resource assessment, maintenance for the mechanical and system is to be installed. Describe any system and site design, permits and electrical systems and system special handling of cooled geothermal agreements, equipment procurement, monitoring and control requirements; waters that may be necessary. Describe and system installation from excavation (C) Provide information that supports the process for determining the through startup and shakedown. expected design life of the system and geothermal resource including (vi) Financial feasibility. The timing of major component replacement measurement setup for the collection of applicant must provide a study that or rebuilds; the geothermal resource data. For describes costs and revenues of the (D) Provide and discuss the risk proposed projects with an established proposed project to demonstrate the management plan for handling large, resource, provide a summary of the financial performance of the project. unanticipated failures of major resource and the specifications of the Provide a detailed analysis and components. Include in the discussion, measurement setup. description of project costs including costs and labor associated with (iv) Design and engineering. The project management, resource operations and maintenance of system applicant must provide authoritative assessment, project design, project and plans for insourcing or outsourcing; evidence that the system will be permitting, land agreements, equipment, and designed and engineered so as to meet site preparation, system installation, (E) Describe opportunities for its intended purpose and need, will startup and shakedown, warranties, technology transfer for long-term project ensure public safety, mitigate any insurance, financing, professional operations and maintenance by a local adverse environmental impacts, and services, and operations and entity or owner/operator. comply with applicable laws, maintenance costs. Provide a detailed (x) Decommissioning. When regulations, agreements, permits, codes, analysis and description of annual uninstalling or removing the project, and standards. Projects shall be project revenues and expenses. Provide describe the decommissioning process. engineered by a qualified entity. a detailed description of applicable Describe any issues, environmental Systems must be engineered as a investment, productivity, tax, loan, and compliance requirements, and costs for complete, integrated system with grant incentives. removal and disposal of the system.

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(5) Hydrogen. The technical operating and with references if Indicate the type, quantity, quality, and requirements specified in paragraphs available; and seasonality of the biomass resource. For (d)(5)(i) through (x) apply to renewable (D) Describe the system operator’s solar, wind, or geothermal sources of energy projects that produce hydrogen qualifications and experience for energy used to generate hydrogen, and renewable energy projects that use servicing, operating, and maintaining indicate the local renewable resource mechanical or electric power or thermal hydrogen system equipment or projects. where the hydrogen system is to be energy from a renewable resource using Provide a list of the same or similar installed. Local resource maps may be hydrogen as an energy transport projects designed, installed, or supplied used as an acceptable preliminary medium. The major components of and currently operating and with source of renewable resource data. For hydrogen systems include reformers, references if available. proposed projects with an established electrolyzers, hydrogen compression (ii) Agreements and permits. The renewable resource, provide a summary and storage components, and fuel cells. applicant must identify all necessary of the resource. (i) Qualifications of project team. The agreements and permits required for the (iv) Design and engineering. The hydrogen project team will vary project and the status and schedule for applicant must provide authoritative according to the complexity and scale of securing those agreements and permits, evidence that the system will be the project. For engineered systems, the including the items specified in designed and engineered so as to meet project team should consist of a system paragraphs (d)(5)(ii)(A) through (G). its intended purpose and need, will designer, a project manager, an (A) Hydrogen systems must be ensure public safety, mitigate any equipment supplier, a project engineer, installed in accordance with applicable adverse environmental impacts, and a construction contractor or system local, State, and national codes and will comply with applicable laws, installer, and a system operator and regulations. Identify zoning and regulations, agreements, permits, codes, maintainer. One individual or entity building code issues, and required and standards. Projects shall be may serve more than one role. permits and the schedule for meeting engineered by a qualified entity. The project team must have those requirements and securing those Systems must be engineered as a demonstrated expertise in similar permits. complete, integrated system with hydrogen systems development, (B) Identify licenses where required matched components. The engineering engineering, installation, and and the schedule for obtaining those must be comprehensive including site maintenance. The applicant must licenses. selection, system and component (C) Identify land use agreements provide authoritative evidence that selection, and system monitoring required for the project and the project team service providers have the equipment. Systems must be schedule for securing the agreements necessary professional credentials or constructed by a qualified entity. and the term of those agreements. relevant experience to perform the (D) Identify any permits or agreements (A) The application must include a required services. The applicant must required for solid, liquid, and gaseous concise but complete description of the also provide authoritative evidence that emissions or effluents and the schedule hydrogen project including location of vendors of proprietary components can for securing those permits and the project, resource characteristics, provide necessary equipment and spare agreements. system specifications, electric power parts for the system to operate over its (E) Identify available component system interconnection equipment, and design life. The applicant must: warranties for the specific project monitoring equipment. Identify possible (A) Discuss the proposed project location and size. vendors and models of major system delivery method. Such methods include (F) Systems interconnected to the components. Describe the expected a design, bid, build where a separate electric power system will need electric power, fuel production, or engineering firm may design the project arrangements to interconnect with the thermal energy production of the and prepare a request for bids and the utility. Identify utility system proposed system. Address performance successful bidder constructs the project interconnection requirements, power on a monthly and annual basis. Describe at the applicant’s risk, and a design purchase arrangements, or licenses the uses of or the market for electricity, build method, often referred to as turn where required and the schedule for heat, or fuel produced by the system. key, where the applicant establishes the meeting those requirements and Discuss the impact of reduced or specifications for the project and obtaining those agreements. This is interrupted resource availability on the secures the services of a developer who required even if the system is installed system process. will design and build the project at the on the customer side of the utility (B) The application must include a developer’s risk; meter. For systems planning to utilize a description of the siting criteria used in (B) Discuss the hydrogen system local net metering program, provide a selecting the project site and the reason equipment manufacturers of major description of the applicable local net for elimination of other site alternatives components for the hydrogen system metering program. considered and address issues such as being considered in terms of the length (G) Describe all potential site access, foundations, backup of time in the business and the number environmental impacts resulting from equipment when applicable, and any of units installed at the capacity and siting issues, construction and operation environmental issues and safety scale being considered; of the proposed project. Identify other concerns with emphasis on land use, air (C) Discuss the project manager, site or design alternatives that were quality, water quality, aesthetics, odor, equipment supplier, system designer, considered in your planning process. safety hazards, and other construction project engineer, and construction Identify all environmental compliance and installation issues applicable to this contractor qualifications for issues such as required permits (Air type of technology. Identify any unique engineering, designing, and installing Quality, etc.) construction and installation issues. hydrogen systems including any (iii) Resource assessment. The (C) Sites must be controlled by the relevant certifications by recognized applicant must provide adequate and agricultural producer or small business organizations or bodies. Provide a list of appropriate evidence of the availability for the proposed project life or for the the same or similar projects designed, of the renewable resource required for financing term of any associated Federal installed, or supplied and currently the system to operate as designed. loans or loan guarantees.

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(v) Project development schedule. The (A) Provide information regarding individual or entity may serve more applicant must identify each significant system warranties and availability of than one role. task, its beginning and end, and its spare parts; The applicant must provide relationship to the time needed to (B) Describe the routine operations authoritative evidence that project team initiate and carry the project through and maintenance requirements of the service providers have the necessary startup and shakedown. Provide a proposed project, including professional credentials or relevant detailed description of the project maintenance of the reformer, experience to perform the required timeline including resource assessment, electrolyzer, or fuel cell as appropriate, services. The applicant must also system and site design, permits and and other mechanical, piping, and provide authoritative evidence that agreements, equipment procurement, electrical systems and system vendors of proprietary components can and system installation from excavation monitoring and control requirements; provide necessary equipment and spare through startup and shakedown. (C) Provide information that supports parts for the system to operate over its (vi) Financial feasibility. The expected design life of the system and design life. The applicant must: applicant must provide a study that timing of major component replacement (A) Discuss the qualifications of the describes costs and revenues of the or rebuilds; suppliers of major components being proposed project to demonstrate the (D) Provide and discuss the risk considered; financial performance of the project. management plan for handling large, (B) Describe the knowledge, skills, Provide a detailed analysis and unanticipated failures of major and abilities needed to service, operate, description of project costs including components. Include in the discussion, and maintain the system for the project management, resource costs and labor associated with proposed application; and assessment, project design and operations and maintenance of system (C) Discuss the project manager, engineering, project permitting, land and plans for insourcing or outsourcing; system designer, and system installer agreements, equipment, site and qualifications for engineering, preparation, system installation, startup (E) Describe opportunities for designing, and installing small solar and shakedown, warranties, insurance, technology transfer for long term project systems including any relevant financing, professional services, and operations and maintenance by a local certifications by recognized operations and maintenance costs. entity or owner/operator. organizations or bodies. Provide a list of Provide a detailed analysis and (x) Decommissioning. When the same or similar systems designed or description of annual project revenues uninstalling or removing the project, installed by the design and installation and expenses. Provide a detailed describe the decommissioning process. team and currently operating and with description of applicable investment, Describe any issues, any environmental references if available. productivity, tax, loan, and grant compliance requirements, and costs for (ii) Agreements and permits. The incentives. removal and disposal of the system. applicant must identify all necessary (vii) Equipment procurement. The (6) Solar, small. The technical agreements and permits required for the applicant must demonstrate that requirements specified in paragraphs project and the status and schedule for equipment required by the system is (d)(6)(i) through (x) of this section apply securing those agreements and permits, available and can be procured and to small solar electric projects and small including the items specified in delivered within the proposed project solar thermal projects. Small solar paragraphs (d)(6)(ii)(A) through (D). development schedule. Hydrogen electric projects are those for which the (A) Small solar systems must be systems may be constructed of rated power of the system is 10kW or installed in accordance with local, State, components manufactured in more than smaller. The major components of a and national building and electrical one location. Provide a description of small solar electric system are the solar codes and regulations. Identify zoning, any unique equipment procurement panels, the support structure, the building and electrical code issues, and issues, such as scheduling and timing of foundation, the power conditioning required permits and the schedule for component manufacture and delivery, equipment, the interconnection meeting those requirements and ordering, warranties, shipping and equipment, surface or submersible water securing those permits. receiving, and on-site storage or pumps, energy storage equipment and (B) Identify available component inventory. Procurement must be made supporting documentation including warranties for the specific project in accordance with the requirements of operations and maintenance manuals. location and size. 7 CFR part 3015. Small solar electric projects are either (C) Small solar electric systems (viii) Equipment installation. The stand-alone (off grid) or interconnected interconnected to the electric power applicant must fully describe the to the grid at less than 600 volts (on system will need arrangements to management of and plan for site grid). Small solar thermal projects are interconnect with the utility. Identify development and system installation, those for which the rated storage utility system interconnection provide details regarding the scheduling volume of the system is 240 gallons or requirements, power purchase of major installation equipment needed smaller. The major components of a arrangements, or licenses where for project construction, and provide a small solar thermal system are the solar required and the schedule for meeting description of the startup and collector(s), the support structure, the those requirements and obtaining those shakedown specification and process foundation, the circulation pump(s) and agreements. This is required even if the and the conditions required for startup piping, heat exchanger (if required), system is installed on the customer side and shakedown for each equipment energy storage equipment and support. of the utility meter. For systems item individually and for the system as (i) Qualifications of project team. The planning to utilize a local net metering a whole. small solar project team should consist program, describe the applicable local (ix) Operations and maintenance. The of a system designer, a project manager net metering program. applicant must identify the operations or general contractor, an equipment (D) Describe all potential and maintenance requirements of the supplier of major components, a system environmental impacts resulting from system necessary for the system to installer, a system maintainer, and, in siting issues, construction and operation operate as designed over the design life. some cases, the owner of the application of the proposed project. Identify other The applicant must: or load served by the system. One site or design alternatives that were

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considered in your planning process. wildlife, habitat fragmentation, shakedown specification and process Identify all environmental compliance aesthetics, and other construction, and and the conditions required for startup issues such as required permits (i.e. installation issues, and whether special and shakedown for each equipment wetland fill, endangered species, water circumstances exist applicable to this item individually and for the system as quality, hazard materials handling, etc.) type of technology. a whole. (iii) Resource assessment. The (C) Sites and application load must be (ix) Operations and maintenance. The applicant must provide adequate and controlled by the agricultural producer applicant must identify the operations appropriate evidence of the availability or small business for the proposed and maintenance requirements of the of the renewable resource required for project life or for the financing term of system necessary for the system to the system to operate as designed. any associated Federal loans or loan operate as designed over the design life. Describe the local solar resource where guarantees. The applicant must: the solar system is to be installed. (v) Project development schedule. The (A) Ensure that systems must have at Acceptable sources of solar resource applicant must identify each significant least a 5-year warranty for equipment. data include state solar maps and task, its beginning and end, and its Provide information regarding system nearby weather station data. Incorporate relationship to the time needed to warranty and availability of spare parts; information from state solar resource initiate and carry the project through (B) Describe the routine operations maps when possible. Indicate the source startup and shakedown. Provide a and maintenance requirements of the of the solar data and assumptions made detailed description of the project proposed system, including when applying nearby solar data to the timeline including system and site maintenance schedules for the site. design, permits and agreements, mechanical and electrical and software (iv) Design and engineering. The equipment procurement, and system systems; applicant must provide authoritative installation from excavation through (C) For owner maintained portions of evidence that the system will be startup and shakedown. the system, describe any unique designed and engineered so as to meet (vi) Financial feasibility. The knowledge, skills, or abilities needed for its intended purpose and need, ensure applicant must provide a study that service operations or maintenance; and public safety, mitigate any adverse describes costs and revenues of the (D) Provide information regarding environmental impacts, and comply proposed project to demonstrate the with applicable laws, regulations, financial performance of the project. expected system design life and timing agreements, permits, codes, and Provide a detailed analysis and of major component replacement or standards. For small solar electric description of project costs including rebuilds. Include in the discussion, systems, the engineering must be design, permitting, equipment, site costs and labor associated with comprehensive, including solar preparation, system installation, system operations and maintenance of system collector design and selection, support startup and shakedown, warranties, and plans for insourcing or outsourcing. structure design and selection, power insurance, financing, professional (x) Decommissioning. When conditioning design and selection, services, and operations and uninstalling or removing the project, surface or submersible water pumps and maintenance costs. Provide a detailed describe the decommissioning process. energy storage requirements as description of applicable investment, Describe any issues, any environmental applicable, and selection of cabling, productivity, tax, loan, and grant compliance requirements, such as disconnects and interconnection incentives. Provide a detailed proper disposal or recycling procedures equipment. For small solar thermal description of historic or expected to reduce potential impact from systems, the engineering must be energy use and expected energy offsets hazardous chemicals and costs for comprehensive, including solar or sales on a monthly and annual basis. removal and disposal of the system. collector design and selection, support (vii) Equipment procurement. The (7) Solar, large. The technical structure design and selection, pump applicant must demonstrate that requirements specified in paragraphs and piping design and selection, and equipment required by the system is (d)(7)(i) through (x) apply to large solar energy storage design and selection. available and can be procured and electric projects and large solar thermal (A) The application must include a delivered within the proposed project projects. Large solar electric systems are concise but complete description of the development schedule. Small solar those for which the rated power of the small solar system including location of systems may be constructed of system is larger than 10kW. The major the project and proposed equipment components manufactured in more than components of a large solar electric specifications. Identify possible vendors one location. Provide a description of system are the solar panels, the support and models of major system any unique equipment procurement structure, the foundation, the power components. Provide the expected issues such as scheduling and timing of conditioning equipment, the system energy production based on component manufacture and delivery, interconnection equipment, surface or available solar resource data on a ordering, warranties, shipping, submersible water pumps and energy monthly (when possible) and annual receiving, and on-site storage or storage equipment and supporting basis and how the energy produced by inventory. Provide a detailed documentation including operations the system will be used. description of equipment certification. and maintenance manuals. Large solar (B) The application must include a Procurement must be made in electric systems are either stand-alone description of the siting criteria used in accordance with the requirements of 7 (off grid) or interconnected to the grid selecting the project site and the reason CFR part 3015. (on grid.) Large solar thermal systems for elimination of other site alternatives (viii) Equipment installation. The are those for which the rated storage considered and address issues such as applicant must fully describe the volume of the system is greater than 240 solar access, site access, foundations, management of and plan for site gallons. The major components of a backup equipment when applicable, development and system installation, large solar thermal system are the solar orientation, proximity to the load or the provide details regarding the scheduling collector(s), the support structure, the electrical grid, unique safety concerns, of major installation equipment needed foundation, the circulation pump(s) and and environmental issues with for project construction, and provide a piping, heat exchanger (if required), emphasis on land use, water quality, description of the startup and energy storage equipment and

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supporting documentation including building and electrical code issues, and a professional engineer must be operations and maintenance manuals. required permits and the schedule for provided. (i) Qualifications of project team. The meeting those requirements and (B) For large solar thermal systems, large solar project team should consist securing those permits. the engineering must be comprehensive, of an equipment supplier of major (B) Identify available component including solar collector design and components, a project manager, general warranties for the specific project selection, support structure design and contractor, a system engineer, a system location and size. selection, pump and piping design and installer, and system maintainer. One (C) Large solar electric systems selection, and energy storage design and individual or entity may serve more interconnected to the electric power selection. Provide a complete set of than one role. system will need arrangements to engineering drawings, stamped by a The applicant must provide interconnect with the utility. Identify professional engineer. authoritative evidence that project team utility system interconnection (C) For either type of system, provide service providers have the necessary requirements, power purchase a concise but complete description of professional credentials or relevant arrangements, or licenses where the large solar system including location experience to perform the required required and the schedule for meeting of the project and proposed equipment services. The applicant must also those requirements and obtaining those and system specifications. Identify provide authoritative evidence that agreements. This is required even if the possible vendors and models of major vendors of proprietary components can system is installed on the customer side system components. Provide the provide necessary equipment and spare of the utility meter. For systems expected system energy production parts for the system to operate over its planning to utilize a local net metering based on available solar resource data design life. The applicant must: program, describe the applicable local on a monthly (when possible) and (A) Discuss the proposed project net metering program. annual basis and how the energy delivery method. Such methods include (D) Describe all potential produced by the system will be used. a design, bid, build where a separate environmental impacts resulting from (D) For either type of system, provide engineering firm may design the project siting issues, construction and operation a description of the project site and and prepare a request for bids and the of the proposed project. Identify other address issues such as solar access, successful bidder constructs the project site or design alternatives that were orientation, proximity to the load or the at the applicant’s risk, and a design considered in your planning process. electrical grid, environmental concerns build method, often referred to as turn Identify all environmental compliance such as land use, water quality, wildlife, key, where the applicant establishes the issues such as required permits (i.e. habitat fragmentation, aesthetics, unique specifications for the project and wetland fill, endangered species, water safety concerns, construction, and secures the services of a developer who quality, hazard materials handling, etc.) installation issues and whether special will design and build the project at the (iii) Resource assessment. The circumstances exist. developer’s risk; (B) Discuss the qualifications of the applicant must provide adequate and (E) Sites must be controlled by the suppliers of major components being appropriate evidence of the availability agricultural producer or small business considered; of the renewable resource required for for the proposed project life or for the (C) Discuss the project manager, the system to operate as designed. financing term of any associated federal general contractor, system engineer, and Describe the local solar resource where loans or loan guarantees. system installer qualifications for the solar system is to be installed. (v) Project development schedule. The engineering, designing, and installing Acceptable sources of solar resource applicant must identify each significant large solar systems including any data include state solar maps and task, its beginning and end, and its relevant certifications by recognized nearby weather station data. Incorporate relationship to the time needed to organizations or bodies. Provide a list of information from state solar resource initiate and carry the project through the same or similar systems designed or maps when possible. Indicate the source startup and shakedown. Provide a installed by the design, engineering, and of the solar data and assumptions made detailed description of the project installation team and currently when applying nearby solar data to the timeline including system and site operating and with references if site. design, permits and agreements, available; and (iv) Design and engineering. The equipment procurement, and system (D) Describe the system operator’s applicant must provide authoritative installation from excavation through qualifications and experience for evidence that the system will be startup and shakedown. servicing, operating, and maintaining designed and engineered so as to meet (vi) Financial feasibility. The the system for the proposed application. its intended purpose and need, ensure applicant must provide a study that Provide a list of the same or similar public safety, mitigate any adverse describes costs and revenues of the systems designed or installed by the environmental impacts, and comply proposed project to demonstrate the design, engineering, and installation with applicable laws, regulations, financial performance of the project. team and currently operating and with agreements, permits, codes, and Provide a detailed analysis and references if available. standards. description of project costs including (ii) Agreements and permits. The (A) For large solar electric systems, design and engineering, permitting, applicant must identify all necessary the engineering must be comprehensive, equipment, site preparation, system agreements and permits required for the including solar collector design and installation, system startup and project and the status and schedule for selection, support structure design and shakedown, warranties, insurance, securing those agreements and permits, selection, power conditioning design financing, professional services, and including the items specified in and selection, surface or submersible operations and maintenance costs. paragraphs (d)(7)(ii)(A) through (D). water pumps and energy storage Provide a detailed description of (A) Large solar systems must be requirements as applicable, and applicable investment, productivity, tax, installed in accordance with local, State, selection of cabling, disconnects and loan, and grant incentives. Provide a and national building and electrical interconnection equipment. A complete detailed description of historic or codes and regulations. Identify zoning, set of engineering drawings, stamped by expected energy use and expected

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energy offsets or sales on a monthly and contamination and costs for removal (A) Small wind systems must be annual basis. and disposal of the system. installed in accordance with applicable (vii) Equipment procurement. The (8) Wind, small. The technical local, State, and national building and applicant must demonstrate that requirements specified in paragraphs electrical codes and regulations. Identify equipment required by the system is (d)(8)(i) through (x) apply to wind zoning, building and electrical code available and can be procured and energy systems for which the rated issues, and required permits and the delivered within the proposed project power of the wind turbine is 100kW or schedule for meeting those requirements development schedule. Large solar smaller and with a generator hub height and securing those permits. systems may be constructed of of 120 ft or less. Such systems are (B) Identify available component components manufactured in more than considered small wind systems. The warranties for the specific project one location. Provide a description of major components of a small wind location and size. any unique equipment procurement system are the wind turbine, the tower, (C) Small wind systems issues such as scheduling and timing of the foundation, the inverter, the interconnected to the electric power component manufacture and delivery, interconnection equipment and energy system will need arrangements to ordering, warranties, shipping, storage when applicable. A small wind interconnect with the utility. Identify receiving, and on-site storage or system is either stand-alone or utility system interconnection inventory. Provide a detailed connected to the local electrical system requirements, power purchase description of equipment certification. at less than 600 volts. arrangements, or licenses where Procurement must be made in (i) Qualifications of project team. The required and the schedule for meeting accordance with the requirements of 7 small wind project team should consist those requirements and obtaining those CFR part 3015. of a system designer, a project manager agreements. This is required even if the (viii) Equipment installation. The or general contractor, an equipment system is installed on the customer side applicant must fully describe the supplier of major components, a system of the utility meter. For systems management of and plan for site installer, a system maintainer, and, in planning to utilize a local net metering development and system installation, some cases, the owner of the application program, describe the applicable local net metering program. provide details regarding the scheduling or load served by the system. One (D) Describe all potential of major installation equipment, individual or entity may serve more including cranes and other devices, environmental impacts resulting from than one role. siting issues, construction and operation needed for project construction, and The applicant must provide provide a description of the startup and of the proposed project. Identify other authoritative evidence that project team site or design alternatives that were shakedown specification and process service providers have the necessary and the conditions required for startup considered in your planning process. professional credentials or relevant Identify all environmental compliance and shakedown for each equipment experience to perform the required item individually and for the system as issues such as required permits (i.e. services. The applicant must also wetland fill, endangered species, etc.) a whole. provide authoritative evidence that (ix) Operations and maintenance. The (iii) Resource assessment. The vendors of proprietary components can applicant must identify the operations applicant must provide adequate and provide necessary equipment and spare and maintenance requirements of the appropriate evidence of the availability parts for the system to operate over its system necessary for the system to of the renewable resource required for design life. The applicant must: operate as designed over the design life. the system to operate as designed. (A) Discuss the small wind turbine The applicant must: Indicate the local wind resource where (A) Ensure that systems must have at manufacturers and other equipment the small wind turbine is to be installed. least a 5-year warranty for equipment. suppliers of major components being Acceptable sources of wind resource Provide information regarding system considered in terms of the length of time data include state wind maps and warranty and availability of spare parts; in business and the number of units nearby weather station data. Incorporate (B) Describe the routine operations installed at the capacity and scale being information from state wind resource and maintenance requirements of the considered; maps when possible. Indicate the source proposed system, including (B) Describe the knowledge, skills, of the wind data and the conditions of maintenance schedules for the and abilities needed to service, operate, the wind monitoring when collected at mechanical and electrical and software and maintain the system for the the site or assumptions made when systems; proposed application; and applying nearby wind data to the site. (C) For owner maintained portions of (C) Discuss the project manager, (iv) Design and engineering. The the system, describe any unique system designer, and system installer applicant must provide authoritative knowledge, skills, or abilities needed for qualifications for engineering, evidence that the system will be service operations or maintenance; and designing, and installing small wind designed and engineered so as to meet (D) Provide information regarding systems including any relevant its intended purpose and need, ensure expected system design life and timing certifications by recognized public safety, mitigate any adverse of major component replacement or organizations or bodies. Provide a list of environmental impacts, and comply rebuilds. Include in the discussion, the same or similar systems designed, with applicable laws, regulations, costs and labor associated with installed, or supplied and currently agreements, permits, codes, and operations and maintenance of system operating and with references if standards. Small wind systems must be and plans for insourcing or outsourcing. available. engineered by either the wind turbine (x) Decommissioning. When (ii) Agreements and permits. The manufacturer or other qualified party. uninstalling or removing the project, applicant must identify all necessary Systems must be offered as a complete, describe the decommissioning process. agreements and permits required for the integrated system with matched Describe any issues, any environmental project and the status and schedule for components. The engineering must be compliance requirements such as proper securing those agreements and permits, comprehensive including turbine design disposal or recycling procedures to including the items specified in and selection, tower design and reduce potential hazardous chemical paragraphs (d)(8)(ii)(A) through (D). selection, specification of guy wire

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anchors and tower foundation, inverter/ proposed project to demonstrate the design life of the system and timing of controller design and selection, energy financial performance of the project. major component replacement or storage requirements as applicable, and Provide a detailed analysis and rebuilds. Include in the discussion, selection of cabling, disconnects and description of project costs including costs and labor associated with interconnection equipment, as well as design, permitting, equipment, site operations and maintenance of system the engineering data needed to match preparation, system installation, system and plans for in or outsourcing; and the wind system output to the startup and shakedown, warranties, (D) For owner maintained portions of application load, if applicable. insurance, financing, professional the system, describe any unique (A) The application must include a services, and operations and knowledge, skills, or abilities needed for concise but complete description of the maintenance costs. Provide a detailed service operations or maintenance. small wind system including location of description of applicable investment, (x) Decommissioning. When the project, proposed turbine productivity, tax, loan, and grant uninstalling or removing the project, specifications, tower height and type of incentives. Provide a detailed describe the decommissioning process. tower, type of energy storage and description of historic or expected Describe any issues, any environmental location of storage if applicable, energy use and expected energy offsets compliance requirements, and costs for proposed inverter manufacturer and or sales on a monthly and annual basis. removal and disposal of the system. model, electric power system (vii) Equipment procurement. The (9) Wind, large. The technical interconnection equipment, and applicant must demonstrate that requirements specified in paragraphs application load and load equipment required by the system is (d)(9)(i) through (x) apply to wind interconnection equipment as available and can be procured and energy systems for which the rated applicable. Identify possible vendors delivered within the proposed project power of the individual wind turbine(s) and models of major system development schedule. Small wind is larger than 100kW. Such systems are components. Provide the expected systems may be constructed of considered large wind systems. The system energy production based on components manufactured in more than major components of a large wind available wind resource data on a one location. Provide a description of system are the wind turbine rotor, the monthly (when possible) and annual any unique equipment procurement gearbox, the generator, the tower, the basis and how the energy produced by issues such as scheduling and timing of power electronics, the local collection the system will be used. component manufacture and delivery, grid, and the interconnection (B) The application must include a ordering, warranties, shipping, equipment. description of the siting criteria used in receiving, and on-site storage or (i) Qualifications of project team. The selecting the project site and address inventory. Provide a detailed large wind project team should consist issues such as site access, foundations, description of equipment certification. of a project manager, a meteorologist, an backup equipment when applicable, Procurement must be made in equipment supplier, a project engineer, access to the wind resource, proximity accordance with the requirements of 7 a primary or general contractor, to the electrical gird or application load, CFR part 3015. construction contractor, and a system and environmental issues with (viii) Equipment installation. The operator and maintainer and in some emphasis on land use, noise pollution, applicant must fully describe the cases the owner of the application or soil degradation, wildlife including management of and plan for site load served by the system. One migratory birds and bats, habitat development and system installation, individual or entity may serve more fragmentation, aesthetics, and other provide details regarding the scheduling than one role. construction and installation issues and of major installation equipment, The applicant must provide whether special circumstances such as including cranes and other devices, authoritative evidence that project team proximity to airports exist when needed for project construction, and service providers have the necessary applicable to this type of technology. provide a description of the startup and professional credentials or relevant Provide a 360-degree panoramic shakedown specification and process experience to perform the required photograph of the proposed site and the conditions required for startup services. The applicant must also including indication of prevailing winds and shakedown for each equipment provide authoritative evidence that when possible. item individually and for the system as vendors of proprietary components can (C) Sites and application loads must a whole. provide necessary equipment and spare be controlled by the agricultural (ix) Operations and maintenance. The parts for the system to operate over its producer or small business for the applicant must identify the operations design life. The applicant must: proposed project life or for the financing and maintenance requirements of the (A) Discuss the proposed project term of any associated Federal loans or system necessary for the system to delivery method. Such methods include loan guarantees. operate as designed over the design life. a design, bid, build where a separate (v) Project development schedule. The The applicant must: engineering firm may design the project applicant must identify each significant (A) Ensure that systems must have at and prepare a request for bids and the task, its beginning and end, and its least a 5-year warranty for equipment successful bidder constructs the project relationship to the time needed to and a commitment from the supplier to at the applicant’s risk, and a design initiate and carry the project through have spare parts available. Provide build method, often referred to as turn startup and shakedown. Provide a information regarding system warranty key, where the applicant establishes the detailed description of the project and availability of spare parts; specifications for the project and timeline including system and site (B) Describe the routine operations secures the services of a developer who design, permits and agreements, and maintenance requirements of the will design and build the project at the equipment procurement, and system proposed system, including developers risk; installation from excavation through maintenance schedules for the (B) Discuss the large wind turbine startup and shakedown. mechanical and electrical and software manufacturers and other equipment (vi) Financial feasibility. The systems; suppliers of major components being applicant must provide a study that (C) Provide historical or engineering considered in terms of the length of time describes costs and revenues of the information that supports expected in business and the number of units

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installed at the capacity and scale being the system to operate as designed. (B) The application must include a considered; Indicate the local wind resource where description of the siting criteria used in (C) Discuss the project manager, the wind turbine is to be installed. Wind selecting the project site and address equipment supplier, project engineer, resource maps may be used as an issues such as site access, foundations, and construction contractor acceptable preliminary source of wind backup equipment when applicable, qualifications for engineering, resource data. Projects greater than proximity to the electrical grid or designing, and installing large wind 500kW must obtain wind data from the application load, and environmental systems including any relevant proposed project site. For such projects, issues with emphasis on land use, noise certifications by recognized describe the proposed measurement pollution, soil degradation, wildlife organizations or bodies. Provide a list of setup for the collection of the wind including migratory birds and bats, the same or similar projects designed, resource data. For proposed projects habitat fragmentation, aesthetics, and installed, or supplied and currently with an established wind resource, other construction, and installation operating and with references if provide a summary of the wind resource issues and whether special available; and the specifications of the circumstances such as proximity to (D) Discuss the qualifications of the measurement setup. Large wind systems airports exist. meteorologist, including references; and larger than 500kW in size will typically (C) Sites must be controlled by the (E) Describe system operator’s require at least 1 year of on-site agricultural producer or small business qualifications and experience for monitoring. If less than 1 year of data is for the proposed project life or for the servicing, operating, and maintaining used, the qualified meteorological financing term of any associated federal the system for the proposed application. consultant must provide a detailed loans or loan guarantees. Provide a list of the same or similar analysis of correlation between the site (v) Project development schedule. The projects designed, installed, or supplied data and a nearby long-term applicant must identify each significant and currently operating and with measurement site. task, its beginning and end, and its relationship to the time needed to references if available. (iv) Design and engineering. The initiate and carry the project through (ii) Agreements and permits. The applicant must provide authoritative startup and shakedown. Provide a applicant must identify all necessary evidence that the system will be detailed description of the project agreements and permits required for the designed and engineered so as to meet timeline including resource assessment, project and the status and schedule for its intended purpose and need, ensure system and site design, permits and securing those agreements and permits, public safety, mitigate any adverse agreements, equipment procurement, including the items specified in environmental impacts, and comply and system installation from excavation paragraphs (d)(9)(ii)(A) through (E). with applicable laws, regulations, (A) Large wind systems must be through startup and shakedown. agreements, permits, codes, and installed in accordance with local, State, (vi) Financial feasibility. The standards. Large wind systems must be and national building and electrical applicant must provide a study that engineered by a qualified entity. codes and regulations. Identify zoning, describes costs and revenues of the Systems must be engineered as a building and electrical code issues, and proposed renewable energy system(s) to complete, integrated system with required permits and the schedule for demonstrate the financial performance matched components. The engineering meeting those requirements and of the renewable energy system(s). must be comprehensive including site securing those permits. Provide a detailed analysis and (B) Identify land use agreements selection, turbine selection, tower description of project costs including required for the project and the selection, tower foundation, design of project management, resource schedule for securing the agreements the local collection grid, assessment, project design, project and the term of those agreements. interconnection equipment selection, permitting, land agreements, equipment, (C) Identify available component and system monitoring equipment. For site preparation, system installation, warranties for the specific project stand alone, non-grid applications, startup and shakedown, warranties, location and size. engineering information must be insurance, financing, professional (D) Large wind systems provided that demonstrates appropriate services, and operations and interconnected to the electric power matching of wind turbine and load. maintenance costs. Provide a detailed system will need arrangements to (A) The application must include a description of applicable investment, interconnect with the utility. Identify concise but complete description of the productivity, tax, loan, and grant utility system interconnection large wind project including location of incentives. Provide a detailed analysis requirements, power purchase the project, proposed turbine and description of annual project arrangements, or licenses where specifications, tower height and type of revenues including electricity sales, required and the schedule for meeting tower, the collection grid, production tax credits, revenues from those requirements and obtaining those interconnection equipment, and green tags, and any other production agreements. monitoring equipment. Identify possible incentive programs throughout the life (E) Describe all potential vendors and models of major system of the project. Provide a description of environmental impacts resulting from components. Provide the expected planned contingency fees or reserve siting issues, construction and operation system energy production based on funds to be used for unexpected large of the proposed project. Identify other available wind resource data on a component replacement or repairs and site or design alternatives that were monthly and annual basis. For wind for low productivity periods. considered in your planning process. projects larger than 500kW in size, (vii) Equipment procurement. The Identify all environmental compliance provide the expected system energy applicant must demonstrate that issues such as required permits (i.e. production over the life of the project equipment required by the system is wetland fill, endangered species, etc.) including a discussion on inter-annual available and can be procured and (iii) Resource assessment. The variation using a comparison of the on- delivered within the proposed project applicant must provide adequate and site monitoring data with long-term development schedule. Large wind appropriate evidence of the availability meteorological data from a nearby turbines may be constructed of of the renewable resource required for monitored site. components manufactured in more than

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one location. Provide a description of (10) Energy efficiency. The technical (C) Describe all potential any unique equipment procurement requirements specified in paragraphs environmental impacts resulting from issues such as scheduling and timing of (d)(10)(i) through (ix) apply to projects siting issues, construction and operation component manufacture and delivery, that involve improvements to a facility, of the proposed project. Identify other ordering, warranties, shipping, building or process resulting in reduced site or design alternatives that were receiving, and on-site storage or energy consumption or reduced amount considered in your planning process. inventory. Provide a detailed of energy required per unit of Identify all environmental compliance description of equipment certification. production are regarded as energy issues such as required permits (i.e. Procurement must be made in efficiency projects. Projects in excess of wetland fill, endangered species, air accordance with the requirements of 7 $50,000 require a full energy audit. The quality, State Water Quality CFR part 3015. system engineering for such projects Certification, NPDES, etc.) (viii) Equipment installation. The must be performed by a qualified entity (iii) Energy assessment. The applicant applicant must fully describe the certified Professional Engineer. must provide adequate and appropriate management of and plan for site (i) Qualifications of project team. The evidence of energy savings expected development and system installation, energy efficiency project team is when the system is operated as provide details regarding the scheduling expected to consist of an energy auditor, designed. of major installation equipment, a project manager, an equipment (A) The application must include including cranes or other devices, supplier of major components, a project information on baseline energy usage needed for project construction, and engineer, and a construction contractor (preferably including energy bills for at provide a description of the startup and or system installer. One individual or least 1 year), expected energy savings shakedown specification and process entity may serve more than one role. based on manufacturers specifications and the conditions required for startup The applicant must provide or other estimates, estimated dollars and shakedown for each equipment authoritative evidence that project team saved per year, and payback period in item individually and for the system as service providers have the necessary years (total investment cost equal to a whole. professional credentials or relevant cumulative total dollars of energy (ix) Operations and maintenance. The experience to perform the required savings). Calculation of energy savings applicant must identify the operations services. The applicant must also should follow accepted methodology and maintenance requirements of the provide authoritative evidence that and practices. System interactions system necessary for the system to vendors of proprietary components can should be considered and discussed. operate as designed over the design life. provide necessary equipment and spare (B) For energy efficiency The applicant must: parts for the system to operate over its improvement projects in excess of (A) Ensure that systems must have at design life. The applicant must: $50,000, an energy audit is required. An least a 3-year warranty for equipment. (A) Discuss the qualifications of the energy audit is a written report by an Provide information regarding turbine various project team members including independent, qualified entity that warranties and availability of spare any relevant certifications by recognized documents current energy usage, parts; organizations or bodies; recommended potential improvements (B) Describe the routine operations (B) Describe qualifications or and their costs, energy savings from and maintenance requirements of the experience of the team as related to these improvements, dollars saved per proposed project, including installation, service, operation and year, and simple payback period in maintenance schedules for the maintenance of the project; years (total costs divided by annual mechanical and electrical systems and (C) Provide a list of the same or dollars of energy savings). The system monitoring and control similarly engineered projects designed, methodology of the energy audit must requirements; installed, or supplied by the team or by meet professional and industry (C) Provide information that supports team members and currently operating. standards. The energy audit must cover expected design life of the system and Provide references if available; and the following: timing of major component replacement (D) Discuss the manufacturers of (1) Situation report. Provide a or rebuilds; major energy efficiency equipment narrative description of the facility or (D) Provide and discuss the risk being considered including length of process, its energy system(s) and usage, management plan for handling large, time in business. and activity profile. Also include price unanticipated failures of major (ii) Agreements and permits. The per unit of energy (electricity, natural components such as the turbine gearbox applicant must identify all necessary gas, propane, fuel oil, renewable energy, or rotor. Include in the discussion, costs agreements and permits required for the etc.) paid by the customer on the date and labor associated with operations energy efficiency improvement(s) and of the audit. Any energy conversion and maintenance of system and plans the status and schedule for securing should be based on use rather than for insourcing or outsourcing; those agreements and permits, including source. (E) Describe opportunities for the items specified in paragraphs (2) Potential improvements. List technology transfer for long term project (d)(10)(ii)(A) through (C). specific information on all potential operations and maintenance by a local (A) Energy efficiency improvements energy-saving opportunities and their entity or owner/operator; and must be installed in accordance with costs. (F) For owner maintained portions of local, State, and national building and (3) Technical analysis. Give the system, describe any unique electrical codes and regulations. Identify consideration to the interactions among knowledge, skills, or abilities needed for building code, electrical code, and the potential improvements and other service operations or maintenance. zoning issues and required permits, and energy systems: (x) Decommissioning. When the schedule for meeting those (i) Estimate the annual energy and uninstalling or removing the project, requirements and securing those energy costs savings expected from each describe the decommissioning process. permits. improvement identified in the potential Describe any issues, any environmental (B) Identify available component project. compliance requirements, and costs for warranties for the specific project (ii) Calculate all direct and attendant removal and disposal of the system. location and size. indirect costs of each improvement.

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(iii) Rank potential improvements effluents, pollutants, or other by- the effects of energy efficiency measures by cost-effectiveness. products. improvements on system power quality. (4) Potential improvement (C) Identify possible suppliers and (ix) Operations and maintenance. The description. Provide a narrative model of major pieces of equipment. applicant must identify the operations summary of the potential improvement (v) Project development schedule. The and maintenance requirements of the and its ability to provide needed applicant must identify each significant energy efficiency improvement(s) benefits, including a discussion of non- task, its beginning and end, and its necessary for the energy efficiency energy benefits such as project relationship to the time needed to improvement(s) to operate as designed reliability and durability. initiate and carry the project through over the design life. The applicant must: (i) Provide preliminary specifications startup and shakedown. Provide a (A) Provide information regarding for critical components. detailed description of the project component warranties and the (ii) Provide preliminary drawings of timeline including energy audit (if availability of spare parts; project layout, including any related applicable), system and site design, (B) Describe the routine operations structural changes. permits and agreements, equipment and maintenance requirements of the (iii) Document baseline data procurement, and system installation proposed project, including compared to projected consumption, from site preparation through startup maintenance schedules for the together with any explanatory notes. and shakedown. mechanical and electrical systems and When appropriate, show before-and- (vi) Financial feasibility. Provide a system monitoring and control after data in terms of consumption per detailed description of project costs requirements; unit of production, time or area. Include including any design, permitting, (C) Provide information that supports at least 1 year’s bills for those energy equipment, materials, site preparation, expected design life of the system and sources/fuel types affected by this installation, warranties, insurance, timing of major component replacement project. Also submit utility rate financing, professional services, and or rebuilds; schedules, if appropriate. operations and maintenance costs. (iv) Identify significant changes in Referencing information developed in (D) Provide and discuss the risk future related operations and section (iii) Energy Assessment in this management plan for handling large, maintenance costs. subsection, provide a detailed unanticipated failures of major (v) Describe explicitly how outcomes description of monthly and annual components. Include in the discussion, will be measured. energy and cost savings associated with costs and labor associated with (iv) Design and engineering. The the project. Provide a detailed operations and maintenance of system applicant must provide authoritative description of applicable investment, and plans for insourcing or outsourcing; evidence that the energy efficiency productivity, tax, loan, or grant and improvement(s) will be designed and incentives. (E) For owner maintained portions of engineered so as to meet its intended (vii) Equipment procurement. The the system, describe any unique purpose and need, ensure public safety, applicant must demonstrate that knowledge, skills, or abilities needed for mitigate any adverse environmental equipment required for the energy service operations or maintenance. impacts, and comply with applicable efficiency improvement(s) is available (x) Decommissioning. When laws, regulations, agreements, permits, and can be procured and delivered uninstalling or removing the project, codes, and standards. within the proposed project describe the decommissioning process. (A) Energy efficiency improvement development schedule. Energy Describe any issues, any environmental projects in excess of $50,000 must be efficiency improvements may be compliance requirements, and costs for engineered by a qualified entity. constructed of components removal and disposal of the system. Systems must be engineered as a manufactured in more than one Evaluation of Grant Applications complete, integrated system with location. Provide a description of any matched components. unique equipment procurement issues (a) General review. The Agency will (B) For all energy efficiency such as scheduling and timing of evaluate each application and make a improvement projects, identify and component manufacture and delivery, determination whether the applicant is itemize major energy efficiency ordering, warranties, shipping, eligible, the proposed grant is for an improvements including associated receiving, and on-site storage or eligible project, and the proposed grant project costs. Specifically delineate inventory. Provide a detailed complies with all applicable statutes which costs of the project are directly description of equipment certification. and regulations. associated with energy efficiency Procurement must be made in (b) Ineligible or incomplete improvements. Describe the accordance with the requirements of 7 applications. If the applicant is components, materials or systems to be CFR part 3015. ineligible or the application is installed and how they improve the (viii) Equipment installation. The incomplete, the Agency will inform the energy efficiency of the process or applicant must fully describe the applicant in writing of the decision, facility being modified. Discuss passive management of and plan for installation reasons therefore, and any appeal rights, improvements that reduce energy loads, of the energy efficiency improvement(s), and no further evaluation of the such as improving the thermal identify specific issues associated with application will occur. efficiency of a storage facility, and installation, provide details regarding (c) Technical eligibility determination. active improvements that directly the scheduling of major installation The Agency’s determination of a reduce energy consumption, such as equipment needed for project project’s technical eligibility will be replacing existing energy consuming discussion, and provide a description of based on the information provided by equipment with high efficiency the startup and shakedown specification the applicant and on other sources of equipment, as separate topics. Discuss and process and the conditions required information, such as recognized any anticipated synergy between active for startup and shakedown for each industry experts in the applicable and passive improvements or other equipment item individually and for the technology field, as necessary, to energy systems. Include in the system as a whole. Include in this determine technical eligibility of the discussion any change in on-site discussion any unique concerns, such as proposed project.

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(d) Evaluation criteria. Agency paragraph if documentation is provided (iii) Energy or Resource Assessment personnel will score and fund each that a bona fide standard exists, what (10 percent of 35 points). application based on the evaluation that standard is, that the proposed (iv) Design and Engineering (30 criteria specified in this section. These project exceeds the standard, and by percent of 35 points). criteria must be individually addressed how much the standard is exceeded. (v) Project Development Schedule (5 in narrative form on a separate sheet of (A) If the purpose of the above system percent of 35 points). paper. is to exceed applicable standards by (vi) Financial Feasibility (20 percent (1) Quantity of energy replaced, more than 5 percent, 2 points will be of 35 points). produced, or saved. Points may only be awarded. (vii) Equipment Procurement (5 awarded for only one of the following (B) If the purpose of the above system percent of 35 points). three categories: is to exceed applicable standards by (viii) Equipment Installation (5 (i) Energy replacement. If the more than 10 percent, 5 points will be percent of 35 points). proposed renewable energy system is awarded. (ix) Operations and Maintenance (5 intended primarily for self use by the (ii) Environmental Goals. If the percent of 35 points). agricultural producer or rural small purpose of the proposed system (x) Decommissioning (5 percent of 35 business and will provide energy contributes to the environmental goals points). replacement of greater than 0 but equal and objectives of other Federal, State, or (5) Readiness. If the agricultural to or less than 25 percent, 5 points will local programs, 5 points will be producer or rural small business has be awarded; greater than 25 percent, but awarded. Points will only be awarded written commitments from the source equal to or less than 50 percent, 10 for this paragraph if the applicant is able confirming commitment of 100 percent points will be awarded; or greater than to provide documentation from an 50 percent, 15 points will be awarded. of the matching funds by the application appropriate authority supporting this deadline, 15 points will be awarded. If The energy replacement should be claim. determined by dividing the estimated the agricultural producer or small rural (3) Commercial availability. If the quantity of renewable energy to be business has written commitments from proposed system or improvement is generated over a 12-month period by the the source confirming commitment of currently commercially available and estimated quantity of energy consumed 75 percent of the matching funds by the replicable, 5 points will be awarded. If over the same 12-month period by application deadline, 10 points will be the proposed system or improvement is applicable agricultural or rural small awarded. If the agricultural producer or commercially available and replicable business process(es). The estimated small business has written quantities of energy must be converted and is also provided with a 5-year or commitments from the source to either BTUs, Watts, or similar energy longer warranty providing the purchaser confirming commitment of 50 percent of equivalents to facilitate scoring. If the protection against system degradation or the matching funds by the application estimated energy produced equals more breakdown or component breakdown, deadline, 5 points will be awarded. the 150 percent of the energy 10 points will be awarded. (6) Small agricultural producer/ Very requirements of the applicable (4) Technical Merit Score. Each Small Business. If the applicant is an process(es), the project will be scored as subparagraph within this paragraph will agricultural producer producing an energy generation project. be scored according to the following: If agricultural products with a gross (ii) Energy savings. If the estimated the description has no significant market value of less than $1 million in energy expected to be saved by the weaknesses and exceeds the the preceding year, 5 points will be installation of the energy efficiency requirements of the subparagraph, 100 awarded. If the applicant is an improvements will be 35 percent or percent of the total possible score for the agricultural producer producing greater, 15 points will be awarded; 30 subparagraph will be awarded. If the agricultural products with a gross and up to but not including 35 percent, description has one or more significant market value of less than $600,000 in 10 points will be awarded; or 20 and up strengths, and meets the requirements of the preceding year, 10 points will be to but not including 30 percent, 5 points the subparagraph, 80 percent of the awarded. If the applicant is an will be awarded. Energy savings will be points will be awarded. If the agricultural producer producing determined by the projections in an description meets the basic agricultural products with a gross energy assessment or audit. Projects requirements of this paragraph but also market value of less than $200,000 in with total eligible project costs equal to has several weaknesses, 60 percent of the preceding year or is a Very Small or less than $50,000 that opt to obtain the points will be awarded. If the Business, 15 points will be awarded. a professional energy audit will be description is lacking in one or more (7) Previous grantees and borrowers. If awarded an additional 5 points. critical aspects, key issues have not an applicant has not been awarded a (iii) Energy generation. If the been addressed, but the description grant under this program within the proposed renewable energy system is demonstrates some merit or strengths, previous 2 years 10 points will be intended primarily for production of 40 percent of the points will be awarded. energy for sale, 10 points will be awarded. If the description has serious (8) Return on Investment. If the awarded. deficiencies, internal inconsistencies or proposed project will return the cost of (2) Environmental benefits. Points is missing information, 20 percent of the the investment in less than 4 years, 5 may only be awarded in only one of the points will be awarded. If the points will be awarded; 4–7 years, 2 following two categories. description has no merit in this area, 0 points will be awarded; or 8–11 years, (i) Health and Sanitary Standards: If percent of the points will be awarded. 1 point will be awarded. the purpose of the proposed system is The score for each subparagraph will to upgrade an existing facility or be weighted as a percentage of the total Insurance Requirements construct a new facility required to technical merit score of 35 points. Insurance is required to protect the exceed applicable health or sanitary (i) Qualifications of the project team interest of the recipient of funds under standards where the system is installed, (10 percent of 35 points). this notice and the Agency. The environmental points will be awarded. (ii) Agreements and Permits (5 coverage must be maintained for the life Points will only be awarded for this percent of 35 points). of the grant unless this requirement is

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waived or modified by the Agency in (c) National Environmental Policy Act The Agency intends to promulgate a writing. In addition: (NEPA). Each applicant must prepare final regulation implementing the (a) Worker compensation insurance is Form RD 1940–20. The State Rural Section 9006 energy program later in FY required in accordance with State law; Development Office will review the 2005. If the Agency promulgates such a (b) National flood insurance is information provided and advise the final regulation, the applicant may, by required in accordance with 7 CFR part applicant of the specific and necessary written notice to the Agency, elect to 1806, subpart B; and environmental review and analysis to be comply with the subsequent (c) Business interruption insurance completed for compliance with NEPA construction planning and performing will be required. pursuant to 7 CFR part 1940, subpart G. development requirements in such final A site visit by the Agency will be Laws That Contain Other Compliance regulation in lieu of the requirements of scheduled, if necessary, to determine Requirements 7 CFR part 1924, subpart A. the scope of the review. The applicant The applicant must comply with all will be notified of all specific Grantee Requirements applicable laws, regulations, Executive compliance requirements, such as the (a) Letter of Conditions, which is Orders, and other generally applicable publication of public notices. All prepared by the Agency, establishes requirements, including those contained required environmental analysis and conditions that must be understood and in 7 CFR part 3015 and such other compliance will be completed prior to agreed to by the applicant before any statutory provision as are specifically grant obligation. The taking of any obligation of funds can occur. The contained herein. actions or incurring any obligations applicant must sign Letter of Intent to (a) Equal employment opportunity. during the time of application or For all construction contracts and grants Meet Conditions and Form 1940–1, application review and processing that ‘‘Request for Obligation of Funds,’’ if in excess of $10,000, the contractor would either limit the range of must comply with Executive Order they accept the conditions of the grant. alternatives to be considered or that These forms will be enclosed with the 11246 as amended by Executive Order would have an adverse effect on the 11375, and as supplemented by Letter of Conditions. The grant will be environment, such as the initiation of obligated when the Agency receives an applicable Department of Labor construction, will result in project regulations (41 CFR part 60). The executed Letter of Intent and Request for ineligibility. Obligation of Funds from the applicant applicant and borrower are responsible (d) Executive Order 12898. When for ensuring that the contractor agreeing to all provisions in the Letter grant and loans (direct or guaranteed) of Conditions. complies with these requirements. are proposed, the Agency will conduct (b) Civil rights compliance. Recipients a Civil Rights Impact Analysis in regard (b) The grantee must sign a Grant of direct loans and grants must comply to environmental justice utilizing Form Agreement (which is published at the with Title VI of the Civil Rights Act of RD 2006–38, ‘‘Civil Rights Impact end of the NOFA) and abide by all 1964 and Section 504 of the Analysis Certification.’’ This must be requirements contained in the Grant Rehabilitation Act of 1973. This may done prior to loan approval, obligation Agreement or any other Federal statutes include collection and maintenance of of funds, including issuance of a Letter or regulations governing this program. data on the race, sex, and national origin of Conditions, whichever occurs first. Failure to follow the requirements may on the recipient’s membership/ result in termination of the grant and ownership and employees. These data Construction Planning and Performing adoption of other remedies provided for should be available to conduct Development in the Grant Agreement. compliance reviews in accordance with The requirements of 7 CFR part 1924, Servicing Grants 7 CFR part 1901, subpart E, section subpart A, apply for construction of 1901.204. Initial reviews will be renewable Energy Systems and Energy Grants will be serviced in accordance conducted after Form RD 400–4, is Efficiency Improvement projects as with 7 CFR part 1951, subpart E and the signed and one post award compliance applicable. Grant Agreement. review within 90 days after grant funds Recipients of grants are not have been disbursed. The Agency authorized to construct the facility, Dated: March 17, 2005. should be contacted to provide further project, or improvement in total, or in Gilbert Gonzalez, guidance on collection of information part, or utilize their own personnel and/ Acting Under Secretary, Rural Development. and compliance with Civil Rights laws. or equipment. BILLING CODE 3410–XY–P

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BILLING CODE 3410–XY–C

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General Grantee Certifications Civil Rights Compliance Reviews, which will (2) If the real property is no longer to be This GRANT AGREEMENT is a contract for be conducted prior to grant closing and 3 used as provided above, disposition receipt of grant funds under the Renewable years later, unless the final disbursement of instructions of the Grantor shall be requested Energy/Energy Efficiency program (Title IX, grant funds has occurred prior to that date. and followed. Those instructions will provide for one of the following alternatives: Section 9006 of Pub. L. 107–171) between the (4) Financial Management Systems Grantee and the United States of America a. The Grantee may be directed to sell the A. Grantee will provide a Financial acting through Rural Development, property, and the Grantor shall have a right Management System in accordance with 7 Department of Agriculture (Grantor). All to an amount computed by multiplying the CFR part 3015, including but not limited to: references herein to ‘‘Project’’ refer to Federal (Grantor) share of the property times (1) Records that identify adequately the installation of a renewable energy system or the proceeds from sale (after deducting actual source and application of funds for grant- energy efficiency improvement at the and reasonable selling and fix-up expenses, supported activities. Those records shall location identified in Block 9. Should actual if any, from the sale proceeds). Proper sales contain information pertaining to grant project costs be lower than projected in the procedures shall be followed which provide awards and authorizations, obligations, agreement (see Block 5), the final amount of for competition to the extent practicable and unobligated balances, assets, liabilities, grant will be adjusted to remain at the result in the highest possible return. outlays, and income; percentage (identified in Block 7) of the final b. The Grantee shall have the opportunity (2) Effective control over and Eligible Project Cost. of retaining title. If title is retained, Grantor accountability for all funds, property, and shall have the right to an amount computed (1) Assurance Agreement other assets. Grantees shall adequately by multiplying the market value of the Grantee assures the Grantor that Grantee is safeguard all such assets and ensure that they property by the Federal share of the property. in compliance with and will comply in the are used solely for authorized purposes; c. The Grantee may be directed to transfer course of the Agreement with all applicable (3) Accounting records prepared in title to the property to the Federal laws, regulations, Executive Orders, and accordance with generally accepted Government provided that, in such cases, the other generally applicable requirements, accounting principles (GAAP) and supported Grantee shall be entitled to compensation by source documentation; and including those contained in 7 CFR part computed by applying the Grantee’s (4) Grantee tracking of fund usage and 3015, ‘‘Uniform Federal Assistance percentage of participation in the cost of the records that show matching funds and grant Regulations,’’ which are incorporated into program or project to the current fair market funds are used in equal proportions. The this agreement by reference, and such other value of the property. grantee will provide verifiable statutory provisions as are specifically Disposition requirements for real property documentation regarding matching funds contained herein. shall expire 20 years from the date of final usage, i.e., bank statements or copies of Grantee and Grantor agree to all of the grant disbursement. This Grant Agreement funding obligations from the matching terms and provisions of any policy or covers the real property described in Block source. regulations promulgated under Title IX, 10. B. Grantee will retain financial records, Grantee will abide by the requirements of Section 9006 of the Farm Security and Rural supporting documents, statistical records, 7 CFR part 3015 pertaining to equipment, Investment Act of 2002 as amended. Any and all other records pertinent to the grant which is acquired wholly or in part with application submitted by the Grantee for this for a period of at least 3 years after final grant grant funds. grant, including any attachments or disbursement, except that the records shall B. Disposition requirements for equipment amendments, are incorporated and included be retained beyond the 3-year period if audit will expire at the end of each item’s useful as part of this Agreement. Any changes to findings have not been resolved. The Grantor life (which is based on a straight-line, non- these documents or this Agreement must be and the Comptroller General of the United accelerated method). This Grant Agreement approved in writing by the Grantor. States, or any of their duly authorized covers the equipment described in Block 11. The Grantor may terminate the grant in representatives, shall have access to any Grantee agrees not to encumber, transfer, or whole, or in part, at any time before the date books, documents, papers, and records of the of completion, whenever it is determined Grantee which are pertinent to the grant for dispose of the property or any part thereof, that the Grantee has failed to comply with the purpose of making audits, examinations, acquired wholly or in part with Grantor the conditions of this Agreement. excerpts, and transcripts. funds, without the written consent of the Grantor. (2) Use of Grant Funds (5) Procurement and Construction C. If required by Grantor, record liens or Grantee will use grant funds and leveraged A. Grantee will comply with the applicable other appropriate notices of record to funds only for the purposes and activities procurement requirements of 7 CFR part indicate that personal or real property has specified in the application approved by the 3015 regarding standards of conduct, open been acquired or improved with Federal Grantor including the approved budget. and free competition, access to contractor grant funds, and that use and disposition Budget and approved use of funds are as records, and equal employment opportunity conditions apply to the property as provided further described in the Grantor Letter of requirements. by 7 CFR part 3015. Conditions and amendments or supplements B. Grantee will, for construction contracts (7) Reporting thereto. Any uses not provided for in the in excess of $100,000, provide performance approved budget must be approved in and payment bonds for 100 percent of the A. Grantee will after grant approval writing by the Grantor. The proposed contract price. through project construction: Renewable Energy System or Energy (1) Provide periodic reports as required by Efficiency Improvements shall be (6) Acquired Property the Grantor. A financial status report and a constructed/installed in accordance with any A. Grantee will in accordance with 7 CFR project performance report will be required energy audit recommendations or part 3015, hold title to all real property on a quarterly basis (due 30 working days engineering or other technical reports identified as part of the project costs, after end of the quarter. For the purposes of provided by the Grantee and approved by the including improvements to land, structures this grant, quarters end on March 31, June 30, Grantor. or things attached to them. Movable September 30, and December 31). The machinery and other kinds of equipment are financial status report must show how grant (3) Civil Rights Compliance not real property (see Item 2 below). In funds and leveraged funds have been used to Grantee will comply with Executive Order addition: date and project the funds needed and their 12898, Title VI of the Civil Rights Act of (1) Approval may be requested from purposes for the next quarter. A final report 1964, and Section 504 of the Rehabilitation Grantor to transfer title to an eligible third may serve as the last quarterly report. Act of 1973. This shall include collection and party for continued use for originally Grantees shall constantly monitor maintenance of data on the race, sex, authorized purposes. If approval is given, the performance to ensure that time schedules disability, faith based (if applicable) and terms of the transfer shall provide that the are being met and projected goals by time national origin of Grantee’s membership/ transferee must assume all the rights and periods are being accomplished. The project ownership and employees. This data must be obligations of the transferor, including the performance reports shall include the available to the Grantor in its conduct of terms of this Grant Agreement; and following:

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a. A comparison of actual in BTUs, kilowatt-hours, or similar energy C. Payment shall be made by electronic accomplishments to the objectives for that equivalents. funds transfer. period. ii. Environmental Benefits. If applicable, D. Standard Form 271, ‘‘Outlay Report and b. Reasons why established objectives were Grantee to provide documentation that Request for Reimbursement for Construction not met, if applicable. identified health and/or sanitation problem Programs,’’ or other format prescribed by c. Reasons for any problems, delays, or has been solved. Grantor shall be used to request Grant adverse conditions which will affect iii. Return on Investment. Grantee to reimbursements. attainment of overall program objectives, provide the annual income and/or energy E. For renewable energy projects, grant prevent meeting time schedules or objectives, savings of the renewable energy system. funds will be disbursed in accordance with or preclude the attainment of particular iv. Summary of the cost of operating and the above through 90 percent of grant objectives during established time periods. maintaining the facility. disbursement. The final 10 percent of grant This disclosure shall be accomplished by a v. Description of any maintenance or funds will be held by the Grantor until statement of the action taken or planned to operational problems associated with the construction of the project is completed, resolve the situation. facility. operational, and has met or exceeded the test d. Objectives and timetables established for vi. Recommendations for development of run requirements as set out in the grant the next reporting period. future similar projects. award requirements. (2) Final project development report which b. Energy Efficiency Improvement Project includes a detailed project funding and Report. Commencing the first full calendar (9) Post-Disbursement Requirements expense summary; summary of facility year following the year in which project Grantee will own, operate, and provide for installation/construction process including construction was completed and continuing continued maintenance of the project. recommendations for development of similar for 2 full years. Grantee will report the actual In witness whereof, Grantee has this day projects by future applicants to the program. amount of energy saved due to the energy authorized and caused this Agreement to be (3) For the year(s) in which grant funds are efficiency improvements. signed in its name and its corporate seal to received, Grantee will provide an annual (8) Grant Disbursement be hereunto affixed and attested by its duly financial statement to Grantor. authorized officers thereunto, and the B. Grantee will after project construction: Grantee will disburse grant funds as Grantor has caused this Agreement to be duly 1. Allow Grantor access to the project and scheduled. Unless required by funding executed in its behalf by: its performance information during its useful partners to be provided on a pro rata basis lllllllllllllllllllll life; and with other funding sources, grant funds will Name: 2. Provide periodic reports as required by be disbursed after all other funding sources Title: Grantor and permit periodic inspection of the have been expended. lllllllllllllllllllll project by a representative of the Grantor. A. Requests for reimbursement may be Grantee reports will include but not be submitted monthly or more frequently if Date limited to the following: authorized to do so by the Grantor. United States of America Rural Development a. Purchase of Renewable Energy System Ordinarily, payment will be made within 30 By: lllllllllllllllllll Project Report. Commencing the first full days after receipt of a proper request for Name: calendar year following the year in which reimbursement. Title: project construction was completed and B. Grantee shall not request reimbursement lllllllllllllllllllll continuing for 3 full years, a report detailing for the Federal share of amounts withheld Date the following will be provided: from contractors to ensure satisfactory i. Quantity of Energy Produced. Grantee to completion of work until after it makes those [FR Doc. 05–5793 Filed 3–25–05; 8:45 am] report the actual amount of energy produced payments. BILLING CODE 3410–XY–P

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Reader Aids Federal Register Vol. 70, No. 58 Monday, March 28, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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 985...... 14969, 15557 Executive orders and proclamations 741–6000 987...... 11117 Proclamations: The United States Government Manual 741–6000 993...... 15560 7871...... 10483 1131...... 9846 Other Services 7872...... 10857 1160...... 11535, 14974 Electronic and on-line services (voice) 741–6020 7873...... 11531 1469...... 15201 Privacy Act Compilation 741–6064 7874...... 11533 1924...... 10862 7875...... 14965 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders: 56...... 9883 11926 (Amended by 70...... 9883 ELECTRONIC RESEARCH EO 13373)...... 12579 319...... 11886 World Wide Web 12293 (Amended by 800...... 13411 13374) ...... 12961 927...... 11155 Full text of the daily Federal Register, CFR and other publications 12957 (See Notice of is located at: http://www.gpoaccess.gov/nara/index.html 983...... 15602 March 10, 2005)...... 12581 1033...... 10337 Federal Register information and research tools, including Public 12959 (See Notice of 1466...... 14578 Inspection List, indexes, and links to GPO Access are located at: March 10, 2005)...... 12581 http://www.archives.gov/federallregister/ 13059 (See Notice of 8 CFR E-mail March 10, 2005)...... 12581 Proposed Rules: 13286 (See EO FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 214...... 11585 13373) ...... 12579 an open e-mail service that provides subscribers with a digital 13288 (See Notice of form of the Federal Register Table of Contents. The digital form 9 CFR March 2, 2005)...... 10859 of the Federal Register Table of Contents includes HTML and 94...... 12112, 15563 13325 (Revoked by PDF links to the full text of each document. 95...... 12112 13374) ...... 12961 121...... 13242 To join or leave, go to http://listserv.access.gpo.gov and select 13373...... 12579 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13374...... 12961 Proposed Rules: 113...... 12813, 12814 (or change settings); then follow the instructions. Administrative Orders: 301...... 15017 PENS (Public Law Electronic Notification Service) is an e-mail Memorandums: 303...... 15017 service that notifies subscribers of recently enacted laws. Memorandum of 317...... 15017 February 18, 2005 ...... 11109 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 318...... 15017 Memorandum of March and select Join or leave the list (or change settings); then follow 319...... 15017 14, 2005 ...... 14967 the instructions. 320...... 15017 Notices: FEDREGTOC-L and PENS are mailing lists only. We cannot 325...... 15017 Notice of March 2, respond to specific inquiries. 331...... 15017 2005 ...... 10859 381...... 12420, 15017 Reference questions. Send questions and comments about the Notice of March 10, 417...... 15017 Federal Register system to: [email protected] 2005 ...... 12581 430...... 15017 The Federal Register staff cannot interpret specific documents or Presidential regulations. Determinations: 10 CFR No 2005–21 of February 15, 2005 ...... 10313 300...... 15164, 15169 FEDERAL REGISTER PAGES AND DATE, MARCH Proposed Rules: 9843–10020...... 1 5 CFR 50...... 10901 10021–10312...... 2 630...... 13343 727...... 12974 10313–10484...... 3 2634...... 12111 11 CFR 10485–10860...... 4 2635...... 12111 10861–11108...... 7 Ch. XIV ...... 11535, 12583 100...... 13089 11109–11530...... 8 Proposed Rules: 104...... 13089 11531–11826...... 9 213...... 12812 300...... 12787 11827–12110...... 10 12111–12400...... 11 6 CFR 12 CFR 12401–12582...... 14 Proposed Rules: 25...... 15570 12585–12786...... 15 5...... 14427, 15602 208...... 11827 12787–12960...... 16 225...... 11827 12961–13088...... 17 7 CFR 228...... 15570 13089–13342...... 18 301 ...... 10315, 10861, 11111, 345...... 15570 13343–14384...... 21 15553 509...... 10021 14385–14522...... 22 331...... 13242 563e...... 10023, 15570 14523–14966...... 23 925...... 11112 622...... 12583 14967–15198...... 24 955...... 11114 Proposed Rules: 15199–15552...... 25 959...... 15199 25...... 12148 15553–15722...... 28 983...... 9843 210...... 10509

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228...... 12148 17 CFR 11121, 12439, 12793, 13100, 334...... 15247 229...... 10509 210...... 11528 14394, 14395, 14494, 15227 402...... 15029 Ch. III ...... 13413 301...... 10885, 12140 228...... 11528 34 CFR 345...... 12148 229...... 11528 602...... 10319 712...... 14579 240...... 11528 Proposed Rules: 225...... 14999 1731...... 15018 249...... 11528 1 ...... 10062, 10349, 11903 606...... 13371 31...... 12164 13 CFR 270...... 13328 607...... 13371 301...... 10572, 12166 Proposed Rules: 611...... 13371 125...... 14523 637...... 13371 150...... 12621 27 CFR 14 CFR 239...... 10521 648...... 13371 Proposed Rules: 656...... 13371 13...... 13345 240...... 10521 274...... 10521 9...... 11174, 11178 657...... 13371 23...... 11838, 11841 658...... 13371 39 .....9848, 9851, 9853, 10030, 18 CFR 28 CFR 660...... 13371 10032, 10034, 10035, 10485, 28...... 10886 661...... 13371 11536, 11844, 11846, 11848, 381...... 14393 67...... 12141 662...... 13371 12113, 12115, 12117, 12119, 19 CFR 83...... 12141 663...... 13371 12120, 12124, 12125, 12401, 664...... 13371 12402, 12404, 12406, 12408, 10...... 10868 29 CFR 669...... 13371 12410, 12790, 12791, 12963, 12...... 11539 1915...... 13370 13074, 13092, 13094, 13345, 24...... 10868 36 CFR 13347, 13349, 13353, 13356, 162...... 10868 4000...... 11540 13359, 13362, 13365, 13368, 163...... 10868 4010...... 11540 242...... 13377 15228, 15574, 15577 178...... 10868 4022...... 12585 Proposed Rules: 71 ...... 10318, 10862, 11850, 191...... 10868 4044...... 12585 7...... 12988 11851, 11852, 11853, 11854, 360...... 12133 Proposed Rules: 1195...... 14435 11855, 11857, 12127, 12128, 2200...... 10574 37 CFR 12129, 12130, 12412, 12414, 20 CFR 2204...... 10574 13240, 13370, 14529, 14976, 404 ...... 11863, 14977, 15227 2520...... 12046 1...... 10488 15580 422...... 14977 2550...... 12046 102...... 10488 97...... 12131, 13095 1002...... 12106 2578...... 12046 104...... 10488 121...... 15194 Proposed Rules: 4000...... 11592 150...... 10488 145...... 15580 418...... 10558 4007...... 11592 202...... 15587 158...... 14928 498...... 14603 4044...... 12429 Proposed Rules: 1214...... 12966 655...... 11592 270...... 12631 1310...... 10037 30 CFR Proposed Rules: 21 CFR 206...... 11869 38 CFR 39 ...... 10337, 10339, 10342, 1...... 14978 906...... 14986 3...... 15590 10344, 10513, 10517, 11165, 25...... 14978 917...... 11121 11166, 11168, 11170, 11172, 26...... 14978 Proposed Rules: 39 CFR 11585, 11588, 12421, 12612, 99...... 14978 250 ...... 12626, 14607, 15246 111...... 14534 12614, 12616, 12618, 12815, 101...... 12414 256...... 12626 12816, 12819, 12978, 12981, 179...... 15583 816...... 13076 40 CFR 12982, 12986, 14428, 14430, 184...... 14530 817...... 13076 52 ...... 11123, 11125, 11552, 14432, 14580, 14585, 14587, 201...... 14978 11553, 11879, 11882, 12416, 14589, 14592, 14594, 14597, 31 CFR 203...... 14978 12587, 13105, 15592 14599, 15019 206...... 14978 315...... 14940 61...... 13396 71 ...... 10346, 10917, 11886, 310...... 14978 316...... 14940 62 ...... 9872, 10490, 10891, 12161, 12162, 12423, 12428, 312...... 14978 351...... 14940 12591 12619, 14601, 15022, 15693 314...... 14978 353...... 14940 63...... 13108 73...... 15606 510...... 11120, 13098 359...... 14940 81...... 11553, 11882 93...... 15520 520...... 13098 360...... 14940 122...... 11560 413...... 9885 573...... 13099 363...... 14940 180 ...... 11563, 11572, 14535, 415...... 9885 600...... 14978 560...... 15583 417...... 9885 14546, 14551 601...... 14978 228...... 10041 15 CFR 606...... 14978 32 CFR 260...... 10776 607...... 14978 700...... 10864 199...... 12798 261...... 10776 610...... 14978 730...... 14385 725...... 12966 262...... 10776 640...... 14978 263...... 10776 738...... 14387 33 CFR 740...... 11858, 14387 660...... 14978 264...... 10776 742...... 14387 680...... 14978 100...... 10887, 10889 265...... 10776 744...... 10865, 11858 807...... 14978 117...... 12805, 13101 271 ...... 10776, 12416, 12593, 764...... 14387 822...... 14978 165 ...... 11546, 11549, 12416, 12973, 14556, 15594 772...... 11858 862...... 11865, 11867 15585 272...... 11132 774...... 11858, 14387 866...... 14532 166...... 11551 Proposed Rules: 902 ...... 9856, 10174, 13097 Proposed Rules: 174...... 13102, 15587 51...... 9897 Proposed Rules: 864...... 11887 334...... 15228 52 ...... 11179, 11913, 12632, 734...... 15607 1310...... 9889 401...... 12967 13124, 13125, 13425, 14616 772...... 15607 Proposed Rules: 62 ...... 9901, 10581, 10918 25 CFR Ch. I ...... 11912 63...... 13127, 15250 16 CFR 15...... 11804 100...... 13122 70...... 15250 801...... 11502 Proposed Rules: 110...... 9892 71...... 15250 802...... 11502 542...... 11893 117...... 9895, 10349 78...... 9897 803...... 11502 147...... 14612, 14614 81...... 13425 Proposed Rules: 26 CFR 165...... 11595, 11598 97...... 9897 320...... 12823 1 ...9869, 10037, 10319, 10488, 168...... 15609 152...... 12276

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158...... 12276 Proposed Rules: 5...... 14950 222...... 13117 180...... 14618 67...... 10582, 10583 6...... 11739 229...... 13117 194...... 11913 8...... 11737 234...... 11052 45 CFR 228...... 12632 13...... 11740, 14950 236...... 11052 271 ...... 12435, 12634, 13127, 1611...... 10327 15...... 14950 571...... 14420, 15596 14623, 15611 Proposed Rules: 16...... 11737 1540...... 9877 19...... 11740, 14950 372...... 10919 1801...... 12436 Proposed Rules: 721...... 9902 25...... 11742 46 CFR 28...... 11763 23...... 14520 107...... 11768 41 CFR 401...... 12083, 13574 30...... 11743 31...... 11763 171...... 11768 105...... 14559 502...... 10328 172...... 11768 302-17 ...... 12598, 14560 503...... 10328 36...... 11737 173...... 11768 515...... 10328 42...... 11763, 14950 178...... 11768 42 CFR 520...... 10328 44 ...... 11761, 11762, 14950 180...... 11768 72...... 13294 530...... 10328 52 ...... 11740, 11743, 11761, 222...... 15274 73...... 13294 535...... 10328 11763 400...... 13397 540...... 10328 53...... 14950 229...... 15274 401...... 11420 550...... 10328 207...... 14572 541...... 10066 209...... 14573 403...... 13397, 15229 555...... 10328 544...... 12635 219...... 14574 405...... 11420 560...... 10328 571...... 11184, 11186 234...... 14574 411...... 13397 572...... 11189 237...... 14576 416...... 15229 47 CFR 242...... 14574 417...... 13397, 13401 Ch. I ...... 12601 252...... 14574 50 CFR 418...... 15229 54...... 10057 Ch. 3 ...... 11583 17 ...... 10493, 11140, 15239 422...... 13401 64 ...... 9875, 10894, 12605, Proposed Rules: 423...... 13397 14567, 14568 100...... 13377 Ch. 2 ...... 14623 460...... 15229 622...... 9879, 13117 73 ...... 9876, 10895, 10896, 207...... 14623 482...... 15229 12807, 13116, 14570, 14571 635...... 10896, 12142 215...... 14624 648 ...... 11584, 12808, 13402, 483...... 15229 76...... 14412, 14572 225...... 14625, 14628 485...... 15229 90...... 15005 13406 243...... 14629 660...... 13118 1003...... 13294 Proposed Rules: 546...... 12167, 13005 Proposed Rules: Ch. I...... 12828, 15030 679 ...9856, 9880, 9881, 10174, 252...... 14625, 14628 10507, 10508, 11884, 12143, 405...... 15264 15...... 13139 552...... 12167, 13005 413...... 15265 22...... 11916 12808, 12809, 12810, 12811, 904...... 12974 13119, 13120, 14577, 14756, 414...... 10746 64...... 10930 952...... 12974 441...... 15265 73 ...... 10351, 10352, 12832, 15010, 15600 482...... 15264, 15266 12833, 12834, 13001, 13002, 49 CFR 680...... 10174 486...... 15265 13003, 13004, 13139, 15044, 23...... 14495 Proposed Rules: 488...... 15264 15045, 15046, 15047 190...... 11135 17...... 15052 498...... 15265 76...... 11314, 15048 191...... 11135 223...... 13151 90...... 13143 192...... 10332, 11135 224...... 13151 43 CFR 193...... 11135 622 ...... 10931, 10933, 11600, 4...... 11804 48 CFR 194...... 11135 13152 1600...... 14561 Ch. 1...... 11736, 11764, 14950, 195...... 10332, 11135 635 ...... 11190, 11922, 14630 14962 198...... 11135 648 ...... 10585, 12168, 12639, 44 CFR 2...... 11737 199...... 11135 13156 64...... 12600 4...... 14950 209...... 11052 679...... 15063

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REMINDERS Fiduciary responsibility; Classification services to Smaller Learning The items in this list were automatic rollover safe growers; 2004 user fees; Communities Program; editorially compiled as an aid harbor; published 9-28-04 Open for comments until Open for comments to Federal Register users. LABOR DEPARTMENT further notice; published until further notice; 5-28-04 [FR 04-12138] published 2-25-05 [FR Inclusion or exclusion from Employment and Training E5-00767] this list has no legal Administration AGRICULTURE significance. Aliens: DEPARTMENT ENERGY DEPARTMENT Labor certification for Animal and Plant Health Meetings: Inspection Service RULES GOING INTO permanent employment in Environmental Management Site-Specific Advisory EFFECT MARCH 28, 2005 U.S.; new system Exportation and importation of implementation; published animals and animal Board— 12-27-04 products: Oak Ridge Reservation, AGRICULTURE Highly pathogenic avian TN; Open for comments DEPARTMENT LIBRARY OF CONGRESS influenza; list of affected until further notice; Copyright Office, Library of Animal and Plant Health regions— published 11-19-04 [FR Inspection Service Congress Malaysia; comments due 04-25693] Plant-related quarantine, Copyright claims registration: by 4-4-05; published 2- ENERGY DEPARTMENT domestic: Photographs; group 1-05 [FR 05-01796] Energy Efficiency and Karnal bunt; published 3-28- registration; published 3- Renewable Energy Office 05 28-05 COMMERCE DEPARTMENT National Oceanic and Commercial and industrial AGRICULTURE NATIONAL CREDIT UNION Atmospheric Administration equipment; energy efficiency DEPARTMENT ADMINISTRATION Fishery conservation and program: Commodity Credit Credit unions: management: Test procedures and Corporation Organization and Northeastern United States efficiency standards— Loan and purchase programs: operations— fisheries— Commercial packaged Crop Disaster Programs; Loans and lines of credit Monkfish; comments due boilers; Open for published 3-29-05 to members; published by 4-4-05; published 3- comments until further ENVIRONMENTAL 2-24-05 18-05 [FR 05-05348] notice; published 10-21- PROTECTION AGENCY 04 [FR 04-17730] TRANSPORTATION International fisheries Air quality implementation DEPARTMENT regulations: ENERGY DEPARTMENT plans; approval and Federal Aviation Federal Energy Regulatory promulgation; various Atlantic highly migratory Administration Commission States: species— Airworthiness directives: Electric rate and corporate South Carolina; published 1- Bluefin tuna, bigeye tuna, Airbus; published 3-28-05 regulation filings: 26-05 and swordfish; Hazardous waste program TREASURY DEPARTMENT comments due by 4-7- Virginia Electric & Power authorizations: Comptroller of the Currency 05; published 3-8-05 Co. et al.; Open for comments until further Community Reinvestment Act; [FR 05-04477] Georgia; published 1-27-05 notice; published 10-1-03 implementation; published 3- COMMERCE DEPARTMENT FEDERAL DEPOSIT [FR 03-24818] INSURANCE CORPORATION 28-05 Patent and Trademark Office ENVIRONMENTAL TREASURY DEPARTMENT Patent cases: Community Reinvestment Act; PROTECTION AGENCY implementation; published 3- Foreign Assets Control Patent Cooperation Treaty Air programs; approval and 28-05 Office applications entering the promulgation; State plans national stage; fees; FEDERAL RESERVE Iranian transactions for designated facilities and comments due by 4-4-05; SYSTEM regulations: pollutants: Community Reinvestment Act; Securities brokers and published 2-1-05 [FR 05- 01850] Pennsylvania; comments implementation; published 3- dealers; general licenses due by 4-4-05; published 28-05 applicability; published 3- COURT SERVICES AND 3-4-05 [FR 05-04270] 28-05 OFFENDER SUPERVISION FEDERAL TRADE Tennessee; comments due AGENCY FOR THE COMMISSION TREASURY DEPARTMENT by 4-6-05; published 3-7- DISTRICT OF COLUMBIA Controlling the Assault of Non- Thrift Supervision Office 05 [FR 05-04336] Semi-annual agenda; Open for Solicited Pornography and Air quality implementation Community Reinvestment Act; comments until further Marketing Act of 2003: plans; approval and implementation; published 3- notice; published 12-22-03 Definitions, implementation, 28-05 promulgation; various and reporting [FR 03-25121] VETERANS AFFAIRS States: requirements; published 1- DEFENSE DEPARTMENT DEPARTMENT California; comments due by 19-05 Acquisition regulations: Medical benefits: 4-7-05; published 3-8-05 HEALTH AND HUMAN Extraordinary contractual [FR 05-04340] SERVICES DEPARTMENT Exclusions from income and actions; comments due by net worth computations; Washington; comments due Centers for Medicare & 4-8-05; published 2-7-05 published 3-28-05 by 4-7-05; published 3-8- Medicaid Services [FR 05-02173] 05 [FR 05-04470] Medicare: Pilot Mentor-Protege Environmental statements; Durable medical equipment COMMENTS DUE NEXT Program; Open for availability, etc.: regional carrier service WEEK comments until further Coastal nonpoint pollution areas and related matters; notice; published 12-15-04 control program— [FR 04-27351] published 2-25-05 AGRICULTURE Minnesota and Texas; LABOR DEPARTMENT DEPARTMENT EDUCATION DEPARTMENT Open for comments Employee Benefits Security Agricultural Marketing Grants and cooperative until further notice; Administration Service agreements; availability, etc.: published 10-16-03 [FR Employee Retirement Income Cotton classing, testing and Vocational and adult 03-26087] Security Act: standards: education— Water pollution control:

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National Pollutant Discharge Satellite Home Viewer HOMELAND SECURITY excepted occupations; Elimination System— Extension and DEPARTMENT post-adjudication audits; Concentrated animal Reauthorization Act; Coast Guard comments due by 4-8-05; feeding operations in Communications Act Anchorage regulations: published 3-9-05 [FR 05- Section 340; 04534] New Mexico and Maryland; Open for implementation; Oklahoma; general comments until further NATIONAL ARCHIVES AND comments due by 4-8- permit for discharges; notice; published 1-14-04 RECORDS ADMINISTRATION 05; published 3-8-05 Open for comments [FR 04-00749] NARA facilities: until further notice; [FR 05-03847] Ports and waterways safety: Locations and hours; published 12-7-04 [FR HEALTH AND HUMAN comments due by 4-8-05; 04-26817] SERVICES DEPARTMENT Alaska; high capacity passenger vessels published 2-7-05 [FR 05- Water pollution; effluent Centers for Medicare & protection; regulated 02256] guidelines for point source Medicaid Services navigation area and NUCLEAR REGULATORY categories: Medicare: security zones; comments COMMISSION Meat and poultry products Electronic Prescription Drug due by 4-8-05; published Environmental statements; processing facilities; Open Program; voluntary 3-9-05 [FR 05-04598] availability, etc.: for comments until further Medicare prescription drug Fifth Coast Guard District Fort Wayne State notice; published 9-8-04 benefit; comments due by waters; safety and Developmental Center; [FR 04-12017] 4-5-05; published 2-4-05 security zones; comments Open for comments until Transportation equipment [FR 05-01773] due by 4-8-05; published further notice; published cleaning operations; Organ procurement 3-9-05 [FR 05-04602] 5-10-04 [FR 04-10516] correction; comments due organizations; conditions HOMELAND SECURITY by 4-4-05; published 2-1- OCCUPATIONAL SAFETY for coverage; comments DEPARTMENT 05 [FR 05-01861] due by 4-5-05; published AND HEALTH REVIEW Nonimmigrant classes: COMMISSION Water programs: 2-4-05 [FR 05-01695] Aliens— Practice and procedure: Federal Insecticide, Organ transplant centers; Fungicide, and hospital participation H-2B Program; one-step Practice before Commission; Rodenticide Act; conditions; approval application process for procedural rules; implementation— requirements; comments U.S. employers seeking revisions; comments due workers to perform by 4-4-05; published 3-4- Pesticides applied to U.S. due by 4-5-05; published temporary labor or 05 [FR 05-04257] waters; statement and 2-4-05 [FR 05-01696] services; comments due guidance; comments HEALTH AND HUMAN SECURITIES AND by 4-8-05; published 3- due by 4-4-05; SERVICES DEPARTMENT EXCHANGE COMMISSION 9-05 [FR 05-04514] published 2-1-05 [FR Food and Drug Securities: 05-01868] Administration HOUSING AND URBAN Mutual funds and other DEVELOPMENT Human drugs: securities; point of sale FEDERAL DEPARTMENT COMMUNICATIONS Orally administered drug disclosure and transaction Federal Housing Enterprise COMMISSION products; symptoms confirmation requirements; Oversight Office Committees; establishment, associated with comments due by 4-4-05; renewal, termination, etc.: overindulgence in food Safety and soundness: published 3-4-05 [FR 05- Mortgage fraud reporting; 04215] Technological Advisory and drink, relief (OTC); comments due by 4-4-05; Council; Open for tentative final monograph; SMALL BUSINESS published 3-24-05 [FR 05- comments until further comments due by 4-5-05; ADMINISTRATION 05776] notice; published 3-18-05 published 1-5-05 [FR 05- Disaster loan areas: [FR 05-05403] 00154] INTERIOR DEPARTMENT Maine; Open for comments Common carrier services: Reports and guidance Fish and Wildlife Service until further notice; documents; availability, etc.: Federal-State Joint Board Endangered and threatened published 2-17-04 [FR 04- on Universal Service— Evaluating safety of species permit applications 03374] antimicrobial new animal Rural health care support Recovery plans— Small business size standards: drugs with regard to their mechanism; comments Paiute cutthroat trout; Size standards for most microbiological effects on due by 4-8-05; Open for comments industries and SBA bacteria of human health published 2-7-05 [FR until further notice; programs; restructuring; concern; Open for 05-02268] published 9-10-04 [FR comments due by 4-3-05; comments until further Interconnection— 04-20517] published 1-19-05 [FR 05- notice; published 10-27-03 01035] Incumbent local exchange [FR 03-27113] Endangered and threatened species: STATE DEPARTMENT carriers unbounding Medical devices— Salt Creek tiger beetle; Passports: obligations; local Dental noble metal alloys comments due by 4-4-05; competition provisions; and base metal alloys; Electronic passport; published 2-1-05 [FR 05- wireline services Class II special definitions, validity, 01669] offering advanced controls; Open for replacement, and telecommunications comments until further Scimitar-horned oryx, addax, expedited processing; capability; Open for notice; published 8-23- and dama gazelle; comments due by 4-4-05; comments until further 04 [FR 04-19179] comments due by 4-4-05; published 2-18-05 [FR 05- notice; published 12-29- published 2-1-05 [FR 05- 03080] 04 [FR 04-28531] HEALTH AND HUMAN 01698] SERVICES DEPARTMENT OFFICE OF UNITED STATES Radio stations; table of LABOR DEPARTMENT TRADE REPRESENTATIVE assignments: Supplemental standards of ethical conduct and financial Employment and Training Trade Representative, Office Pennsylvania; comments disclosure requirements for Administration of United States due by 4-4-05; published department employees; Aliens; temporary employment Generalized System of 3-3-05 [FR 05-04113] comments due by 4-4-05; in U.S.: Preferences: Television broadcasting: published 2-3-05 [FR 05- H-2B petitions in all 2003 Annual Product Cable television systems— 02029] occupations other than Review, 2002 Annual

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Country Practices Review, Empresa Brasileria de 4-05; published 2-2-05 S. 686/P.L. 109–3 and previously deferred Aeronautica, S.A.; [FR 05-01875] product decisions; comments due by 4-7-05; For the relief of the parents of petitions disposition; Open published 3-8-05 [FR 05- Theresa Marie Schiavo. (Mar. for comments until further 04409] LIST OF PUBLIC LAWS 21, 2005; 119 Stat. 15) notice; published 7-6-04 Kelly Aerospace Power This is a continuing list of [FR 04-15361] Systems; comments due Last List January 23, 2005 public bills from the current TRANSPORTATION by 4-7-05; published 3-9- session of Congress which DEPARTMENT 05 [FR 05-04556] have become Federal laws. It Navigation of foreign civil McDonnell Douglas; may be used in conjunction aircraft within the United comments due by 4-5-05; with ‘‘PLUS’’ (Public Laws States; policy determination published 2-4-05 [FR 05- Public Laws Electronic Update Service) on 202–741– request; comments due by 01931] Notification Service 6043. This list is also 4-8-05; published 2-7-05 Rolls-Royce plc; comments (PENS) [FR 05-02035] available online at http:// due by 4-4-05; published www.archives.gov/ TRANSPORTATION 2-2-05 [FR 05-01799] DEPARTMENT federal—register/public—laws/ TREASURY DEPARTMENT public—laws.html. Federal Aviation Internal Revenue Service PENS is a free electronic mail Administration The text of laws is not Employment taxes and notification service of newly Airworthiness directives: published in the Federal collection of income taxes at enacted public laws. To Air Tractor, Inc.; comments Register but may be ordered source: subscribe, go to http:// due by 4-5-05; published in ‘‘slip law’’ (individual Flat rate supplemental wage 2-9-05 [FR 05-02507] pamphlet) form from the listserv.gsa.gov/archives/ withholding; comments Airbus; comments due by 4- Superintendent of Documents, publaws-l.html due by 4-5-05; published 4-05; published 3-3-05 U.S. Government Printing 1-5-05 [FR 05-00071] [FR 05-04078] Office, Washington, DC 20402 Note: This service is strictly Boeing; Open for comments TREASURY DEPARTMENT (phone, 202–512–1808). The for E-mail notification of new until further notice; Alcohol and Tobacco Tax text will also be made laws. The text of laws is not and Trade Bureau published 8-16-04 [FR 04- available on the Internet from available through this service. Alcohol; viticultural area 18641] GPO Access at http:// PENS cannot respond to Bombardier; comments due designations: www.gpoaccess.gov/plaws/ specific inquiries sent to this by 4-7-05; published 3-8- Covelo, Mendocino County, index.html. Some laws may 05 [FR 05-04407] CA; comments due by 4- not yet be available. address.

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CFR CHECKLIST Title Stock Number Price Revision Date *900–End ...... (869–056–00038–3) ...... 50.00 Jan. 1, 2005 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–052–00038–8) ...... 55.00 Jan. 1, 2004 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. *1–59 ...... (869–056–00040–5) ...... 63.00 Jan. 1, 2005 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–052–00040–0) ...... 61.00 Jan. 1, 2004 week and which is now available for sale at the Government Printing 140–199 ...... (869–056–00042–1) ...... 30.00 Jan. 1, 2005 Office. *200–1199 ...... (869–056–00043–0) ...... 50.00 Jan. 1, 2005 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–052–00043–4) ...... 45.00 Jan. 1, 2004 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. *0–299 ...... (869–056–00045–6) ...... 40.00 Jan. 1, 2005 The CFR is available free on-line through the Government Printing 300–799 ...... (869–052–00045–1) ...... 60.00 Jan. 1, 2004 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–052–00046–9) ...... 42.00 Jan. 1, 2004 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–052–00047–7) ...... 50.00 Jan. 1, 2004 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–056–00049–9) ...... 60.00 Jan. 1, 2005 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–052–00050–7) ...... 50.00 Apr. 1, 2004 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–052–00051–5) ...... 58.00 Apr. 1, 2004 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–052–00052–3) ...... 62.00 Apr. 1, 2004 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–052–00053–1) ...... 62.00 Apr. 1, 2004 charge orders to (202) 512-2250. 400–End ...... (869–052–00054–0) ...... 26.00 Apr. 1, 2004 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–052–00055–8) ...... 61.00 Apr. 1, 2004 1 ...... (869–056–00001–4) ...... 5.00 Jan. 1, 2005 141–199 ...... (869–052–00056–6) ...... 58.00 Apr. 1, 2004 2 ...... (869–056–00002–2) ...... 5.00 Jan. 1, 2005 200–End ...... (869–052–00057–4) ...... 31.00 Apr. 1, 2004 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–052–00058–2) ...... 50.00 Apr. 1, 2004 101) ...... (869–052–00002–7) ...... 35.00 1 Jan. 1, 2004 400–499 ...... (869–052–00059–1) ...... 64.00 Apr. 1, 2004 4 ...... (869–056–00004–9) ...... 10.00 4Jan. 1, 2005 500–End ...... (869–052–00060–9) ...... 63.00 Apr. 1, 2004 5 Parts: 21 Parts: *1–699 ...... (869–056–00005–7) ...... 60.00 Jan. 1, 2005 1–99 ...... (869–052–00061–2) ...... 42.00 Apr. 1, 2004 700–1199 ...... (869–056–00006–5) ...... 50.00 Jan. 1, 2005 100–169 ...... (869–052–00062–1) ...... 49.00 Apr. 1, 2004 *1200–End ...... (869–056–00007–3) ...... 61.00 Jan. 1, 2005 170–199 ...... (869–052–00063–9) ...... 50.00 Apr. 1, 2004 200–299 ...... (869–052–00064–7) ...... 17.00 Apr. 1, 2004 6 ...... (869–056–00008–1) ...... 10.50 Jan. 1, 2005 300–499 ...... (869–052–00065–5) ...... 31.00 Apr. 1, 2004 7 Parts: 500–599 ...... (869–052–00066–3) ...... 47.00 Apr. 1, 2004 1–26 ...... (869–056–00009–0) ...... 44.00 Jan. 1, 2005 600–799 ...... (869–052–00067–1) ...... 15.00 Apr. 1, 2004 *27–52 ...... (869–056–00010–3) ...... 49.00 Jan. 1, 2005 800–1299 ...... (869–052–00068–0) ...... 58.00 Apr. 1, 2004 53–209 ...... (869–052–00010–8) ...... 37.00 Jan. 1, 2004 1300–End ...... (869–052–00069–8) ...... 24.00 Apr. 1, 2004 *210–299 ...... (869–056–00012–0) ...... 62.00 Jan. 1, 2005 22 Parts: *300–399 ...... (869–056–00013–8) ...... 46.00 Jan. 1, 2005 1–299 ...... (869–052–00070–1) ...... 63.00 Apr. 1, 2004 *400–699 ...... (869–056–00014–6) ...... 42.00 Jan. 1, 2005 300–End ...... (869–052–00071–0) ...... 45.00 Apr. 1, 2004 *700–899 ...... (869–056–00015–4) ...... 43.00 Jan. 1, 2005 900–999 ...... (869–052–00015–9) ...... 60.00 Jan. 1, 2004 23 ...... (869–052–00072–8) ...... 45.00 Apr. 1, 2004 1000–1199 ...... (869–056–00017–1) ...... 22.00 Jan. 1, 2005 24 Parts: 1200–1599 ...... (869–052–00017–5) ...... 61.00 Jan. 1, 2004 0–199 ...... (869–052–00073–6) ...... 60.00 Apr. 1, 2004 *1600–1899 ...... (869–056–00019–7) ...... 64.00 Jan. 1, 2005 200–499 ...... (869–052–00074–4) ...... 50.00 Apr. 1, 2004 *1900–1939 ...... (869–056–00020–1) ...... 31.00 Jan. 1, 2005 500–699 ...... (869–052–00075–2) ...... 30.00 Apr. 1, 2004 *1940–1949 ...... (869–056–00021–9) ...... 50.00 Jan. 1, 2005 700–1699 ...... (869–052–00076–1) ...... 61.00 Apr. 1, 2004 1950–1999 ...... (869–056–00022–7) ...... 46.00 Jan. 1, 2005 1700–End ...... (869–052–00077–9) ...... 30.00 Apr. 1, 2004 *2000–End ...... (869–056–00023–5) ...... 50.00 Jan. 1, 2005 25 ...... (869–052–00078–7) ...... 63.00 Apr. 1, 2004 8 ...... (869–052–00023–0) ...... 63.00 Jan. 1, 2004 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–052–00079–5) ...... 49.00 Apr. 1, 2004 1–199 ...... (869–052–00024–8) ...... 61.00 Jan. 1, 2004 §§ 1.61–1.169 ...... (869–052–00080–9) ...... 63.00 Apr. 1, 2004 *200–End ...... (869–056–00026–0) ...... 58.00 Jan. 1, 2005 §§ 1.170–1.300 ...... (869–052–00081–7) ...... 60.00 Apr. 1, 2004 10 Parts: §§ 1.301–1.400 ...... (869–052–00082–5) ...... 46.00 Apr. 1, 2004 *1–50 ...... (869–056–00027–8) ...... 61.00 Jan. 1, 2005 §§ 1.401–1.440 ...... (869–052–00083–3) ...... 62.00 Apr. 1, 2004 51–199 ...... (869–052–00027–2) ...... 58.00 Jan. 1, 2004 §§ 1.441–1.500 ...... (869–052–00084–1) ...... 57.00 Apr. 1, 2004 *200–499 ...... (869–056–00029–4) ...... 46.00 Jan. 1, 2005 §§ 1.501–1.640 ...... (869–052–00085–0) ...... 49.00 Apr. 1, 2004 *500–End ...... (869–056–00030–8) ...... 62.00 Jan. 1, 2005 §§ 1.641–1.850 ...... (869–052–00086–8) ...... 60.00 Apr. 1, 2004 §§ 1.851–1.907 ...... (869–052–00087–6) ...... 61.00 Apr. 1, 2004 11 ...... (869–052–00030–2) 41.00 Feb. 3, 2004 §§ 1.908–1.1000 ...... (869–052–00088–4) ...... 60.00 Apr. 1, 2004 12 Parts: §§ 1.1001–1.1400 ...... (869–052–00089–2) ...... 61.00 Apr. 1, 2004 1–199 ...... (869–052–00031–1) ...... 34.00 Jan. 1, 2004 §§ 1.1401–1.1503–2A .... (869–052–00090–6) ...... 55.00 Apr. 1, 2004 200–219 ...... (869–052–00032–9) ...... 37.00 Jan. 1, 2004 §§ 1.1551–End ...... (869–052–00091–4) ...... 55.00 Apr. 1, 2004 220–299 ...... (869–052–00033–7) ...... 61.00 Jan. 1, 2004 2–29 ...... (869–052–00092–2) ...... 60.00 Apr. 1, 2004 300–499 ...... (869–052–00034–5) ...... 47.00 Jan. 1, 2004 30–39 ...... (869–052–00093–1) ...... 41.00 Apr. 1, 2004 *500–599 ...... (869–056–00036–7) ...... 39.00 Jan. 1, 2005 40–49 ...... (869–052–00094–9) ...... 28.00 Apr. 1, 2004 600–899 ...... (869–056–00037–5) ...... 56.00 Jan. 1, 2005 50–299 ...... (869–052–00095–7) ...... 41.00 Apr. 1, 2004

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–052–00096–5) ...... 61.00 Apr. 1, 2004 63 (63.8980–End) ...... (869–052–00149–0) ...... 35.00 July 1, 2004 500–599 ...... (869–052–00097–3) ...... 12.00 5Apr. 1, 2004 64–71 ...... (869–052–00150–3) ...... 29.00 July 1, 2004 600–End ...... (869–052–00098–1) ...... 17.00 Apr. 1, 2004 72–80 ...... (869–052–00151–1) ...... 62.00 July 1, 2004 27 Parts: 81–85 ...... (869–052–00152–0) ...... 60.00 July 1, 2004 1–199 ...... (869–052–00099–0) ...... 64.00 Apr. 1, 2004 86 (86.1–86.599–99) ...... (869–052–00153–8) ...... 58.00 July 1, 2004 200–End ...... (869–052–00100–7) ...... 21.00 Apr. 1, 2004 86 (86.600–1–End) ...... (869–052–00154–6) ...... 50.00 July 1, 2004 87–99 ...... (869–052–00155–4) ...... 60.00 July 1, 2004 28 Parts: ...... 100–135 ...... (869–052–00156–2) ...... 45.00 July 1, 2004 0–42 ...... (869–052–00101–5) ...... 61.00 July 1, 2004 136–149 ...... (869–052–00157–1) ...... 61.00 July 1, 2004 43–End ...... (869–052–00102–3) ...... 60.00 July 1, 2004 150–189 ...... (869–052–00158–9) ...... 50.00 July 1, 2004 29 Parts: 190–259 ...... (869–052–00159–7) ...... 39.00 July 1, 2004 0–99 ...... (869–052–00103–1) ...... 50.00 July 1, 2004 260–265 ...... (869–052–00160–1) ...... 50.00 July 1, 2004 100–499 ...... (869–052–00104–0) ...... 23.00 July 1, 2004 266–299 ...... (869–052–00161–9) ...... 50.00 July 1, 2004 500–899 ...... (869–052–00105–8) ...... 61.00 July 1, 2004 300–399 ...... (869–052–00162–7) ...... 42.00 July 1, 2004 900–1899 ...... (869–052–00106–6) ...... 36.00 July 1, 2004 400–424 ...... (869–052–00163–5) ...... 56.00 8July 1, 2004 1900–1910 (§§ 1900 to 425–699 ...... (869–052–00164–3) ...... 61.00 July 1, 2004 1910.999) ...... (869–052–00107–4) ...... 61.00 July 1, 2004 700–789 ...... (869–052–00165–1) ...... 61.00 July 1, 2004 1910 (§§ 1910.1000 to 790–End ...... (869–052–00166–0) ...... 61.00 July 1, 2004 end) ...... (869–052–00108–2) ...... 46.00 8July 1, 2004 41 Chapters: 1911–1925 ...... (869–052–00109–1) ...... 30.00 July 1, 2004 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1926 ...... (869–052–00110–4) ...... 50.00 July 1, 2004 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1927–End ...... (869–052–00111–2) ...... 62.00 July 1, 2004 3–6 ...... 14.00 3 July 1, 1984 30 Parts: 7 ...... 6.00 3 July 1, 1984 1–199 ...... (869–052–00112–1) ...... 57.00 July 1, 2004 8 ...... 4.50 3 July 1, 1984 200–699 ...... (869–052–00113–9) ...... 50.00 July 1, 2004 9 ...... 13.00 3 July 1, 1984 700–End ...... (869–052–00114–7) ...... 58.00 July 1, 2004 10–17 ...... 9.50 3 July 1, 1984 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 0–199 ...... (869–052–00115–5) ...... 41.00 July 1, 2004 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 200–End ...... (869–052–00116–3) ...... 65.00 July 1, 2004 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–052–00167–8) ...... 24.00 July 1, 2004 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–052–00168–6) ...... 21.00 July 1, 2004 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–052–00169–4) ...... 56.00 July 1, 2004 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–052–00170–8) ...... 24.00 July 1, 2004 1–190 ...... (869–052–00117–1) ...... 61.00 July 1, 2004 42 Parts: 191–399 ...... (869–052–00118–0) ...... 63.00 July 1, 2004 400–629 ...... (869–052–00119–8) ...... 50.00 8July 1, 2004 1–399 ...... (869–052–00171–6) ...... 61.00 Oct. 1, 2004 630–699 ...... (869–052–00120–1) ...... 37.00 7July 1, 2004 400–429 ...... (869–052–00172–4) ...... 63.00 Oct. 1, 2004 700–799 ...... (869–052–00121–0) ...... 46.00 July 1, 2004 430–End ...... (869–052–00173–2) ...... 64.00 Oct. 1, 2004 800–End ...... (869–052–00122–8) ...... 47.00 July 1, 2004 43 Parts: 33 Parts: 1–999 ...... (869–052–00174–1) ...... 56.00 Oct. 1, 2004 1–124 ...... (869–052–00123–6) ...... 57.00 July 1, 2004 1000–end ...... (869–052–00175–9) ...... 62.00 Oct. 1, 2004 125–199 ...... (869–052–00124–4) ...... 61.00 July 1, 2004 44 ...... (869–052–00176–7) ...... 50.00 Oct. 1, 2004 200–End ...... (869–052–00125–2) ...... 57.00 July 1, 2004 45 Parts: 34 Parts: 1–199 ...... (869–052–00177–5) ...... 60.00 Oct. 1, 2004 1–299 ...... (869–052–00126–1) ...... 50.00 July 1, 2004 200–499 ...... (869–052–00178–3) ...... 34.00 Oct. 1, 2004 300–399 ...... (869–052–00127–9) ...... 40.00 July 1, 2004 500–1199 ...... (869–052–00179–1) ...... 56.00 Oct. 1, 2004 400–End ...... (869–052–00128–7) ...... 61.00 July 1, 2004 1200–End ...... (869–052–00180–5) ...... 61.00 Oct. 1, 2004 35 ...... (869–052–00129–5) ...... 10.00 6July 1, 2004 46 Parts: 36 Parts 1–40 ...... (869–052–00181–3) ...... 46.00 Oct. 1, 2004 1–199 ...... (869–052–00130–9) ...... 37.00 July 1, 2004 41–69 ...... (869–052–00182–1) ...... 39.00 Oct. 1, 2004 200–299 ...... (869–052–00131–7) ...... 37.00 July 1, 2004 70–89 ...... (869–052–00183–0) ...... 14.00 Oct. 1, 2004 300–End ...... (869–052–00132–5) ...... 61.00 July 1, 2004 90–139 ...... (869–052–00184–8) ...... 44.00 Oct. 1, 2004 140–155 ...... (869–052–00185–6) ...... 25.00 Oct. 1, 2004 37 ...... (869–052–00133–3) ...... 58.00 July 1, 2004 156–165 ...... (869–052–00186–4) ...... 34.00 Oct. 1, 2004 38 Parts: 166–199 ...... (869–052–00187–2) ...... 46.00 Oct. 1, 2004 0–17 ...... (869–052–00134–1) ...... 60.00 July 1, 2004 200–499 ...... (869–052–00188–1) ...... 40.00 Oct. 1, 2004 18–End ...... (869–052–00135–0) ...... 62.00 July 1, 2004 500–End ...... (869–052–00189–9) ...... 25.00 Oct. 1, 2004 39 ...... (869–052–00136–8) ...... 42.00 July 1, 2004 47 Parts: 0–19 ...... (869–052–00190–2) ...... 61.00 Oct. 1, 2004 40 Parts: 20–39 ...... (869–052–00191–1) ...... 46.00 Oct. 1, 2004 1–49 ...... (869–052–00137–6) ...... 60.00 July 1, 2004 40–69 ...... (869–052–00192–9) ...... 40.00 Oct. 1, 2004 50–51 ...... (869–052–00138–4) ...... 45.00 July 1, 2004 70–79 ...... (869–052–00193–8) ...... 63.00 Oct. 1, 2004 52 (52.01–52.1018) ...... (869–052–00139–2) ...... 60.00 July 1, 2004 80–End ...... (869–052–00194–5) ...... 61.00 Oct. 1, 2004 52 (52.1019–End) ...... (869–052–00140–6) ...... 61.00 July 1, 2004 53–59 ...... (869–052–00141–4) ...... 31.00 July 1, 2004 48 Chapters: 60 (60.1–End) ...... (869–052–00142–2) ...... 58.00 July 1, 2004 1 (Parts 1–51) ...... (869–052–00195–3) ...... 63.00 Oct. 1, 2004 60 (Apps) ...... (869–052–00143–1) ...... 57.00 July 1, 2004 1 (Parts 52–99) ...... (869–052–00196–1) ...... 49.00 Oct. 1, 2004 61–62 ...... (869–052–00144–9) ...... 45.00 July 1, 2004 2 (Parts 201–299) ...... (869–052–00197–0) ...... 50.00 Oct. 1, 2004 63 (63.1–63.599) ...... (869–052–00145–7) ...... 58.00 July 1, 2004 3–6 ...... (869–052–00198–8) ...... 34.00 Oct. 1, 2004 63 (63.600–63.1199) ...... (869–052–00146–5) ...... 50.00 July 1, 2004 7–14 ...... (869–052–00199–6) ...... 56.00 Oct. 1, 2004 63 (63.1200–63.1439) .... (869–052–00147–3) ...... 50.00 July 1, 2004 15–28 ...... (869–052–00200–3) ...... 47.00 Oct. 1, 2004 63 (63.1440–63.8830) .... (869–052–00148–1) ...... 64.00 July 1, 2004 29–End ...... (869–052–00201–1) ...... 47.00 Oct. 1, 2004

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Title Stock Number Price Revision Date 49 Parts: 1–99 ...... (869–052–00202–0) ...... 60.00 Oct. 1, 2004 100–185 ...... (869–052–00203–8) ...... 63.00 Oct. 1, 2004 186–199 ...... (869–052–00204–6) ...... 23.00 Oct. 1, 2004 200–399 ...... (869–052–00205–4) ...... 64.00 Oct. 1, 2004 400–599 ...... (869–052–00206–2) ...... 64.00 Oct. 1, 2004 600–999 ...... (869–052–00207–1) ...... 19.00 Oct. 1, 2004 1000–1199 ...... (869–052–00208–9) ...... 28.00 Oct. 1, 2004 1200–End ...... (869–052–00209–7) ...... 34.00 Oct. 1, 2004 50 Parts: 1–16 ...... (869–052–00210–1) ...... 11.00 Oct. 1, 2004 17.1–17.95 ...... (869–052–00211–9) ...... 64.00 Oct. 1, 2004 17.96–17.99(h) ...... (869–052–00212–7) ...... 61.00 Oct. 1, 2004 17.99(i)–end and 17.100–end ...... (869–052–00213–5) ...... 47.00 Oct. 1, 2004 18–199 ...... (869–052–00214–3) ...... 50.00 Oct. 1, 2004 200–599 ...... (869–052–00215–1) ...... 45.00 Oct. 1, 2004 600–End ...... (869–052–00216–0) ...... 62.00 Oct. 1, 2004 CFR Index and Findings Aids ...... (869–052–00049–3) ...... 62.00 Jan. 1, 2004 Complete 2005 CFR set ...... 1,342.00 2005 Microfiche CFR Edition: Subscription (mailed as issued) ...... 325.00 2005 Individual copies ...... 4.00 2005 Complete set (one-time mailing) ...... 325.00 2004 Complete set (one-time mailing) ...... 298.00 2003 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2004, through January 1, 2005. The CFR volume issued as of January 1, 2004 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2004. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2004. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2004. The CFR volume issued as of July 1, 2002 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2003, through July 1, 2004. The CFR volume issued as of July 1, 2003 should be retained.

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