7–26–04 Vol. 69 No. 142 Monday July

7–26–04 Monday Vol. 69 No. 142 July 26, 2004

Pages 44457–44574

VerDate jul 14 2003 22:41 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\26JYWS.LOC 26JYWS

1 II Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, www.archives.gov. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register www.gpoaccess.gov/ To subscribe, go to http://listserv.access.gpo.gov and select: nara, available through GPO Access, is issued under the authority Online mailing list archives of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 FEDREGTOC-L U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Join or leave the list the Federal Register is published and includes both text and Then follow the instructions. graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via email at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. What’s NEW! Eastern Time, Monday–Friday, except official holidays. Regulations.gov, the award-winning Federal eRulemaking Portal The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Regulations.gov is the one-stop U.S. Government web site that makes Federal Register, Federal Register Index and List of CFR Sections it easy to participate in the regulatory process. Affected (LSA) subscription; the microfiche edition of the Federal Try this fast and reliable resource to find all rules published in the Register including the Federal Register Index and LSA is $165, Federal Register that are currently open for public comment. Submit plus postage. Six month subscriptions are available for one-half comments to agencies by filling out a simple web form, or use avail- the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of able email addresses and web sites. a single copy of the daily Federal Register, including postage, The Regulations.gov e-democracy initiative is brought to you by is based on the number of pages: $11 for an issue containing NARA, GPO, EPA and their eRulemaking partners. less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues Visit the web site at: http://www.regulations.gov of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, [email protected]. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 69 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.

VerDate jul 14 2003 22:41 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\26JYWS.LOC 26JYWS

2 III

Contents Federal Register Vol. 69, No. 142

Monday, July 26, 2004

Agricultural Marketing Service NOTICES RULES Meetings: Nectarines and peaches grown in— Dependents Education Advisory Council, 44515 California, 44457–44460 Pistachios grown in— Economic Development Administration California, 44460–44461 NOTICES Grants and cooperative agreements; availability, etc.: Agriculture Department National technical assistance, training, research, and See Agricultural Marketing Service evaluation, 44488–44490 See Animal and Plant Health Inspection Service See Forest Service Education Department NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 44484–44485 submissions, and approvals, 44519–44521 Privacy Act: Air Force Department Systems of records, 44521–44524 NOTICES Privacy Act: Energy Department Systems of records, 44515–44519 See Federal Energy Regulatory Commission

Animal and Plant Health Inspection Service Environmental Protection Agency NOTICES RULES Environmental statements; availability, etc.: Air quality implementation plans; approval and Genetically engineered organisms; field test permits— promulgation; various States: ProdiGene, Inc.; confined field of corn plants, 44485– California, 44461–44463 44486 Hazardous waste program authorizations: Reports and guidance documents; availability, etc.: Maryland, 44463–44467 Foreign animal disease status evaluations process, 44487 Superfund program: National oil and hazardous substances contingency Arts and Humanities, National Foundation plan— See National Foundation on the Arts and the Humanities National priorities list update, 44467–44470 PROPOSED RULES Centers for Disease Control and Prevention Hazardous waste program authorizations: NOTICES Maryland, 44481–44482 Agency information collection activities; proposals, Superfund program: submissions, and approvals, 44536–44538 National oil and hazardous substances contingency Children and Families Administration plan— NOTICES National priorities list update, 44482 Agency information collection activities; proposals, NOTICES Superfund; response and remedial actions, proposed submissions, and approvals, 44538–44539 settlements, etc.: Commerce Department Malvern TCE Site, PA, 44533–44534 See Economic Development Administration See Foreign-Trade Zones Board Executive Office of the President See Industry and Security Bureau See Presidential Documents See International Trade Administration See National Institute of Standards and Technology Federal Aviation Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Airworthiness directives: Committee for the Implementation of Textile Agreements BAE Systems (Operations) Ltd., 44474–44476 NOTICES Cotton, wool, and man-made textiles: Federal Communications Commission Macau, 44514–44515 RULES Radio services; special: Copyright Office, Library of Congress Maritime services— NOTICES Automated Maritime Telecommunications System; Cable royalty funds: stations licensing process, 44471–44472 Cable statutory licenses; Phase I or II controversy Radio stations; table of assignments: ascertainment; fees distribution, 44548–44549 Alabama and Tennessee, 44470–44471 PROPOSED RULES Defense Department Digital television stations; table of assignments: See Air Force Department Washington, 44482–44483

VerDate jul<14>2003 22:42 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\26JYCN.SGM 26JYCN IV Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Contents

NOTICES Housing and Urban Development Department Common carrier services: NOTICES Video relay services— Agency information collection activities; proposals, Hands On Video Relay Services, Inc.; waiver petitions submissions, and approvals, 44541–44542 and clarification request, 44534–44535 Federal Deposit Insurance Corporation Indian Affairs Bureau NOTICES PROPOSED RULES Meetings; Sunshine Act, 44535 No Child Left Behind Act; implementation: No Child Left Behind Negotiated Rulemaking Federal Energy Regulatory Commission Committee— NOTICES Bureau-funded school system; correction, 44476 Electric rate and coporate regulation filings, 44525–44527 Electric rate and corporate regulation filings, 44527–44530 Industry and Security Bureau Environmental statements; notice of intent: Northwest Pipeline Corp., 44530–44533 NOTICES Applications, hearings, determinations, etc.: Short supply export controls imposition; petitions: Bridger Valley Electric Association, Inc., 44525 Copper & Brass Fabricators Council, Inc., et al., 44491– New York Independent System Operation, Inc., et al., 44506 44525 Interior Department Federal Highway Administration See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Environmental statements; availability, etc.: See Land Management Bureau Los Angeles County, CA, 44564–44565 See Minerals Management Service See Reclamation Bureau Federal Maritime Commission NOTICES Agreements filed, etc., 44535 Internal Revenue Service PROPOSED RULES Federal Reserve System Estate and gift taxes: NOTICES Qualified interests, 44476–44480 Banks and bank holding companies: NOTICES Formations, acquisitions, and mergers, 44535–44536 Agency information collection activities; proposals, submissions, and approvals, 44565–44568 Fish and Wildlife Service NOTICES Endangered and threatened species: International Trade Administration Recovery plans— NOTICES Red-cockaded woodpecker, 44542–44543 Countervailing duties: Stainless steel plate in coils from— Foreign-Trade Zones Board Italy, 44506 NOTICES Export trade certificates of review, 44506–44507 Applications, hearings, determinations, etc.: Overseas trade missions: Oklahoma— 2004 trade missions— TPI Petroleum, Inc.; oil refinery complex, 44490 Consumer Goods Trade Policy Mission, Beijing, China, 44508–44509 Forest Service Franchising Trade Mission, Dublin, Ireland, 44507– NOTICES 44508 Meetings: Resource Advisory Committee— Labor Department Colville, 44487–44488 Resource Advisory Committees— See Mine Safety and Health Administration Tehama County, 44488 Land Management Bureau Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Alaska Native claims selection: See Children and Families Administration Atxam Corp., 44543–44544 See Health Resources and Services Administration Closure of public lands: New Mexico, 44544 Health Resources and Services Administration Environmental statements; record of decision: NOTICES South Powder River Basin Coal Area, WY, 44544 Meetings: Oil and gas leases: Heritable Disorders and Genetic Diseases in Newborns Wyoming, 44544–44545 and Children Advisory Committee, 44539 Realty actions; sales, leases, etc.: Homeland Security Department Utah, 44545–44546 NOTICES Agency information collection activities; proposals, Library of Congress submissions, and approvals, 44539–44541 See Copyright Office, Library of Congress

VerDate jul<14>2003 22:42 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\26JYCN.SGM 26JYCN Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Contents V

Millennium Challenge Corporation Nuclear Regulatory Commission NOTICES NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Millennium Challenge Account Eligibility; eligible submissions, and approvals, 44552–44553 countries; list, 44549–44551 Meetings: Reactor Safeguards Advisory Committee, 44553–44554 Minerals Management Service Applications, hearings, determinations, etc.: NOTICES Virginia Electric and Power Co., 44553 Outer Continental Shelf operations: Alaska region— Pension Benefit Guaranty Corporation Oil and gas lease sales, 44546 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44554 Mine Safety and Health Administration PROPOSED RULES Presidential Documents Coal mine safety and health: EXECUTIVE ORDERS Underground mines— Committees; establishment, renewal, termination, etc.: Low-and medium-voltage diesel-powered electrical Emergency Preparedness and Individuals with generators, 44480–44481 Disabilities, Intergency Coordinating Council on; establishment (EO 13347), 44571–44574 National Archives and Records Administration NOTICES Reclamation Bureau Agency information collection activities; proposals, NOTICES submissions, and approvals, 44551–44552 Contract negotiations: Committees; establishment, renewal, termination, etc.: Tabulation of water service and repayment; quarterly Presidential Libraries Advisory Committee, 44552 status report, 44546–44548

National Foundation on the Arts and the Humanities Securities and Exchange Commission NOTICES NOTICES Meetings: Public Company Accounting Oversight Board: Combined Arts Advisory Panel, 44552 Public accounting firms; registration system, 44555– 44563 Applications, hearings, determinations, etc.: National Institute of Standards and Technology Universal Display Corp., 44554–44555 NOTICES Information processing standards, Federal: Small Business Administration Data encryption standard; proposed withdrawal, 44509– RULES 44510 HUBZone Program: Reports and guidance documents; availability, etc.: Miscellaneous amendments World Trade Center Disaster; Federal Building and Fire Correction, 44461 Safety Investigation; floor system fire test viewing NOTICES opportunity, 44510–44511 Disaster loan areas: New Jersey, 44563 National Oceanic and Atmospheric Administration RULES State Department Fishery conservation and management: NOTICES Alaska; fisheries of Exclusive Economic Zone— International Traffic in Arms regulations; statutory Gulf of Alaska other rockfish, 44472–44473 debarment, 44563–44564 Gulf of Alaska pelagic shelf rockfish, 44473 Meetings: NOTICES International Communications and Information Policy Endangered and threatened species: Advisory Committee, 44564 Anadromous fish take— Northwest Fisheries Science Center et al.; Pacific Textile Agreements Implementation Committee salmon and steelhead, 44511–44512 See Committee for the Implementation of Textile Fishery conservation and management: Agreements Caribbean, Gulf, and South Atlantic fisheries— Transportation Department Red snapper; meetings, 44512–44513 See Federal Aviation Administration Meetings: See Federal Highway Administration Sea turtle handling and release techniques in Atlantic Ocean, including Gulf of Mexico and Carribean Sea; Treasury Department workshops, 44513 See Internal Revenue Service Permits: Marine mammals, 44514 Veterans Affairs Department NOTICES National Science Foundation Inventions, Government-owned; availability for licensing, NOTICES 44568–44569 Antarctic Conservation Act of 1978; permit applications, Privacy Act: etc., 44552 Systems of records, 44569–44570

VerDate jul<14>2003 22:42 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\26JYCN.SGM 26JYCN VI Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Contents

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:// Executive Office of the President, Presidential Documents, listserv.access.gpo.gov and select Online mailing list 44571–44574 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

VerDate jul<14>2003 22:42 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\26JYCN.SGM 26JYCN Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Contents VII

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.

7 CFR 916...... 44457 917...... 44457 983...... 44460 13 CFR 121...... 44461 14 CFR Proposed Rules: 39...... 44474 25 CFR Proposed Rules: 30...... 44476 37...... 44476 39...... 44476 42...... 44476 44...... 44476 47...... 44476 26 CFR Proposed Rules: 25...... 44476 30 CFR Proposed Rules: 75...... 44480 40 CFR 52...... 44461 271...... 44463 300...... 44467 Proposed Rules: 271...... 44481 300...... 44482 47 CFR 73...... 44470 80...... 44471 Proposed Rules: 73...... 44482 50 CFR 679 (2 documents) ...... 44472, 44473

VerDate jul 14 2003 22:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\26JYLS.LOC 26JYLS 44457

Rules and Regulations Federal Register Vol. 69, No. 142

Monday, July 26, 2004

This section of the FEDERAL REGISTER telephone: (202) 720–2491; Fax: (202) shipments of nectarines and peaches in contains regulatory documents having general 720–8938. bulk bins under the marketing orders. applicability and legal effect, most of which Small businesses may request Under the orders, container and pack are keyed to and codified in the Code of information on complying with this requirements are established for fresh Federal Regulations, which is published under regulation by contacting Jay Guerber, shipments of California nectarines and 50 titles pursuant to 44 U.S.C. 1510. Marketing Order Administration peaches. Such requirements are in effect The Code of Federal Regulations is sold by Branch, Fruit and Vegetable Programs, on a continuing basis. The Nectarine the Superintendent of Documents. Prices of AMS, USDA, 1400 Independence Administrative Committee (NAC) and new books are listed in the first FEDERAL Avenue, SW., STOP 0237, Washington, the Peach Commodity Committee (PCC), REGISTER issue of each week. DC 20250–0237; telephone: (202) 720– which are responsible for local 2491, Fax: (202) 720–8938, or e-mail: administration of the orders, met on [email protected]. February 25, 2004, and unanimously DEPARTMENT OF AGRICULTURE recommended that the handling SUPPLEMENTARY INFORMATION: This rule requirements be further revised for the is issued under Marketing Agreement Agricultural Marketing Service 2004 season, which began in April. The Nos. 124 and 85, and Marketing Order committees unanimously recommended Nos. 916 and 917 (7 CFR parts 916 and 7 CFR Parts 916 and 917 that the minimum net weight for loose- 917) regulating the handling of filled bulk bin containers be reduced [Docket No. FV04–916/917–02 FIR] nectarines and peaches grown in from 400 pounds to 100 pounds, and California, respectively, hereinafter that change continues in effect. Nectarines and Peaches Grown in referred to as the ‘‘orders.’’ The orders California; Revision of Handling The committees meet prior to and are effective under the Agricultural during each season to review the rules Requirements for Fresh Nectarines Marketing Agreement Act of 1937, as and Peaches and regulations effective on a amended (7 U.S.C. 601–674), hereinafter continuing basis for California referred to as the ‘‘Act.’’ AGENCY: Agricultural Marketing Service, nectarines and peaches under the The Department of Agriculture USDA. orders. Committee meetings are open to (USDA) is issuing this rule in ACTION: Final rule. the public and interested persons are conformance with Executive Order encouraged to express their views at 12866. SUMMARY: The Department of these meetings. The committees held This rule has been reviewed under Agriculture (USDA) is adopting as a such meetings on February 25, 2004. Executive Order 12988, Civil Justice final rule, with a change, an interim USDA reviews committee Reform. This rule is not intended to final rule revising the handling recommendations and information, as have retroactive effect. This rule will requirements for California nectarines well as information from other sources, not preempt any State or local laws, and peaches by reducing the minimum and determines whether modification, regulations, or policies, unless they net weight for shipments of nectarines suspension, or termination of the rules present an irreconcilable conflict with and peaches in bulk bins under the and regulations would tend to effectuate this rule. marketing orders. The marketing orders the declared policy of the Act. The Act provides that administrative regulate the handling of nectarines and No official crop estimate was proceedings must be exhausted before peaches grown in California and are available at the time of the committees’ parties may file suit in court. Under administered locally by the Nectarine February 25, 2004, meetings because the section 608c(15)(A) of the Act, any Administrative and Peach Commodity nectarine and peach trees were dormant. handler subject to an order may file Committees (committees). This rule will The committees subsequently with USDA a petition stating that the enable packers to continue shipping recommended a crop estimate at their order, any provision of the order, or any fresh nectarines and peaches meeting meetings on April 28, 2004. The obligation imposed in connection with customers’ needs in the interests of estimates indicate that the 2004 the order is not in accordance with law producers, packers, and consumers of nectarine crop will be approximately and request a modification of the order these fruits. 22,245,000 containers, and the 2004 or to be exempted therefrom. A handler peach crop will be approximately DATES: Effective Date: August 25, 2004. is afforded the opportunity for a hearing 22,601,000 containers. This crop is FOR FURTHER INFORMATION CONTACT: on the petition. After the hearing, USDA similar to the 2003 crop, which totaled Terry Vawter, Marketing Specialist, would rule in the petition. The Act 21,896,300 containers of nectarines and California Marketing Field Office, provides that the district court of the 22,306,300 containers of peaches. Marketing Order Administration United States in any district in which Branch, Fruit and Vegetable Programs, the handler is an inhabitant, or has his Container and Pack Requirements AMS, USDA, 2202 Monterey Street, or her principal place of business, has Sections 916.52 and 917.41 of the suite 102B, Fresno, California, 93721; jurisdiction to review USDA’s ruling on orders authorize establishment of telephone (559) 487–5901, Fax: (559) the petition, provided an action is filed container, pack, and container marking 487–5906; or George Kelhart, Technical not later than 20 days after the date of requirements for shipments of Advisor, Marketing Order the entry of the ruling. nectarines and peaches, respectively. Administration Branch, Fruit and This rule continues in effect the Under §§ 916.350 and 917.442 of the Vegetable Programs, AMS, USDA, 1400 revisions of the handling requirements orders’ rules and regulations, container Independence Avenue, SW., STOP for California nectarines and peaches by markings, net weights, well-filled 0237, Washington, DC 20250–0237; reducing the minimum net weight for requirements, weight-count standards

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44458 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

for various sizes of nectarines and use of bulk bins appears to be in its Industry Information peaches, and standard containers for infancy, the committees appreciate that nectarines and peaches, respectively, such shipments could constitute a new There are approximately 250 are specified. Included in the container trend, and that relaxing the current California nectarine and peach packers and pack requirements are minimum minimum net weight for those subject to regulation under the orders net weight requirements for several containers provides yet another regulating nectarines and peaches containers, such as the bulk bin. marketing opportunity for handlers. grown in California, and about 1,800 Previously, the minimum net weight Moreover, the reduced minimum net producers of these fruits in California. for bulk bin containers was 400 pounds. weight will provide another container The Small Business Administration [13 At the request of a handler, the option for handlers and safeguard the CFR 121.201] defines small agricultural committees unanimously recommended fruit in the container from damage. service firms as those whose annual that the minimum net weight be However, the committees disagreed receipts are less than $5,000,000. The reduced to 100 pounds for bulk bin with the subcommittee’s Small Business Administration also containers of loose-filled nectarines and recommendation that the change should defines small agricultural producers as peaches. be in place for the 2004 season only, those having annual receipts of less than The committees’ recommendations and did not believe it necessary to $750,000. A majority of these packers resulted from a recommendation by the review the use of these containers at the Tree Fruit Quality Subcommittee. At the and producers may be classified as end of the 2004 season. subcommittee meeting on February 4, small entities. 2004, a handler requested that the For the reasons stated above, the The committees’ staff has estimated current minimum net weight be committees recommended that the that there are less than 20 handlers in reviewed and possibly modified. The minimum net weight for loose-filled the industry who could be defined as handler noted that he had increased bulk bin containers of nectarines and other than small entities. In the 2003 shipments of bulk peaches during the peaches be decreased from 400 pounds season, the average handler price 2003 season, but found the minimum to 100 pounds. That change continues received was $7.00 per container or net weight of 400 pounds too restrictive in effect. container equivalent of nectarines or because the weight of the fruit in the bin Nectarines: For the reasons stated peaches. A handler would have to ship damages the contents, especially the above, the revision of paragraph (a)(9) of at least 714,286 containers to have peaches at the bottom of the bin. The § 916.350 continues in effect to modify annual receipts of $5,000,000. Given handler suggested that a minimum the minimum net weight of bulk bin data on shipments maintained by the weight of 200 pounds might serve the containers of loose-filled nectarines committees’ staff and the average industry better by ensuring the safe from 400 pounds to 100 pounds. The handler price received during the 2003 arrival of the fruit. required container markings shall be The subcommittee discussed season, the committees’ staff estimates placed on one outside end of the shipments of nectarines and peaches in that small handlers represent container in plain sight and in plain bulk bins, and reviewed the historical approximately 94 percent of all the significance of the minimum net weight letters. handlers within the industry. of 400 pounds. The subcommittee Peaches: For the reasons stated above, The committees’ staff has also determined that the net weight was set the revision of paragraph (a)(10) of estimated that less than 20 percent of in 1976 when there were few, if any, § 917.442 continues in effect to modify the producers in the industry could be bulk bin shipments. the minimum net weight of bulk bin defined as other than small entities. In The subcommittee also deliberated containers of loose-filled peaches from the 2003 season, the average producer the relative value of different minimum 400 pounds to 100 pounds. The price received was $4.00 per container weights; e.g. 125 pounds, 200 pounds, required container markings shall be or container equivalent for nectarines or 100 pounds. They determined that placed on one outside end of the and peaches. A producer would have to since the weight constituted a minimum container in plain sight and in plain produce at least 187,500 containers of net weight rather than maximum net letters. weight, it was prudent to use a weight nectarines and peaches to have annual that was lighter than the previously Final Regulatory Flexibility Analysis receipts of $750,000. Given data maintained by the committees’ staff and established minimum net weight, but Pursuant to requirements set forth in still heavy enough to constitute a bulk the average producer price received the Regulatory Flexibility Act (RFA), the during the 2003 season, the committees’ shipment. Because it would be difficult Agricultural Marketing Service (AMS) for a handler to pack a 100-pound box staff estimates that small producers has considered the economic impact of for anything other than a bulk bin represent more than 80 percent of the this action on small entities. shipment, the 100 minimum net weight producers within the industry. Accordingly, AMS has prepared this was determined to be the optimum net final regulatory flexibility analysis. With an average producer price of weight and was unanimously $4.00 per container or container The purpose of the RFA is to fit recommended. The subcommittee equivalent, and a combined packout of further unanimously recommended that regulatory actions to the scale of business subject to such actions in order nectarines and peaches of 44,202,600 the 100-pound minimum net weight be containers, the value of the 2003 in place for the 2004 season only, with that small businesses will not be unduly packout value (total estimated grower a review of the success of the or disproportionately burdened. revenue) is estimated to be modification at the end of the season. Marketing orders issued pursuant to the The committees discussed the Tree Act, and rules issued thereunder, are $176,810,400. Dividing this total Fruit Quality subcommittee’s unique in that they are brought about estimated grower revenue figure by the recommendation at the February 25, through group action of essentially estimated number of producers (1,800) 2004, meetings and reviewed the small entities acting on their own yields an estimated average revenue per current industry practices regarding behalf. Thus, both statutes have small producer of approximately $98,228 from shipping in bulk bin containers. While entity orientation and compatibility. the sales of nectarines and peaches.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44459

Discussion of the Change in Minimum containers without the requirement for periodically reviewed to reduce Net Weight a trial during the 2004 season or an information requirements and Under §§ 916.52 and 917.41 of the industry review at the end of the season. duplication by industry and public The committees make orders, pack and container requirements sector agencies. In addition, USDA has recommendations regarding all the are established for fresh shipments of not identified any relevant Federal rules revisions in handling requirements after California nectarines and peaches, that duplicate, overlap, or conflict with considering all available information, respectively. Such requirements are in this rule. including recommendations by various In addition, the committees’ meetings effect on a continuing basis. The NAC subcommittees, comments of persons at are widely publicized throughout the and PCC met on February 25, 2004, and subcommittee and committee meetings, nectarine and peach industry and all unanimously recommended that the and comments received by committee interested parties are encouraged to minimum net weight for loose-filled staff. Such subcommittees include the attend and participate in committee bulk bin containers be reduced from 400 Tree Fruit Quality and Research deliberations on all issues. These to 100 pounds. This recommendation Subcommittees, and the Executive meetings are held annually during the was presented to the committees by the Committee. fall, late winter, and early spring. Like Tree Fruit Quality Subcommittee after a At the meetings, the impact of and all committee meetings, the February thorough discussion at their February 4, alternatives to these recommendations 25, 2004, meetings were public 2004, meeting. A handler requested that are deliberated. These subcommittees, meetings, and all entities, large and the subcommittee review the current like the committees themselves, small, were encouraged to express views minimum net weight of bulk bin frequently consist of individual on these issues. These regulations were containers used for loose-filled producers and packers with many years’ also reviewed and thoroughly discussed shipments of nectarines and peaches. experience in the industry, who are at a subcommittee meeting held on The subcommittee discussed the familiar with industry practices and February 4, 2004. historical significance of the current trends. Like all committee meetings, An interim final rule concerning this minimum net weight of 400 pounds and subcommittee meetings are open to the action was published in the Federal deliberated the relative value of public and comments are widely Register on April 14, 2004. Copies of the recommending various lighter net solicited. In the case of the Tree Fruit rule were provided to interested parties weights, as well. They determined that Quality Subcommittee, many growers through the committees’ Web site and the optimum net weight for bulk bin and handlers who are affected by the through the Internet by USDA and the containers was 100 pounds. Until issues discussed by the subcommittee Office of the Federal Register. That rule recently, they noted, there were few, if attend and actively participate in the provided for a 60-day comment period any, shipments of nectarines and public deliberations. In fact, if a specific which ended June 14, 2004. One peaches in bulk bins. However, changes producer or handler is known to have comment was received. in the industry, improvements in an interest in one or more topics to be The commenter stated that the containers, shipments of increasingly discussed, committee staff specifically revisions to the handling requirements more mature fruit, and the demands of invites him or her to the meetings to for nectarines and peaches grown in their retail customers have apparently participate in the debate and provide California as presented in the interim improved the prospects for such information not already available to staff final rule will allow handlers to better shipments. and the subcommittee, including serve their buyers. In considering possible alternatives to information which may refute the staff’s He also asked that an exception for this action, the subcommittee discussed findings. This recommendation, in fact, blush or red color for U.S. No. 1 varying minimum net weights, and the resulted from a request made by a nectarines currently permitted under types and sizes of bulk bin containers handler who was specifically invited by the marketing order handling currently available to the industry. staff to take his concerns to the Tree regulations be removed. According to While other alternatives were not Fruit Quality Subcommittee. the comment, recent revisions to rejected out of hand, the subcommittee In addition, minutes of all § 51.3147 of the U.S. Standards for reasoned that decreasing the current subcommittee and committee meetings Grades of Nectarines (69 FR 9189, 400-pound minimum net weight to 100 are distributed to committee members February 27, 2004) have eliminated the pounds was a prudent option since the and others who have requested them, color requirement for U.S. No. 1 weight of the container constituted a thereby increasing the availability of nectarines, making the exception in the minimum net weight, rather than a information within the industry. The nectarine marketing order regulations maximum net weight. Such a weight staff has surveyed committee members obsolete. For that reason, the exception afforded increased protection of the fruit and others in the industry to determine in paragraph (a)(1) of § 916.356 will be in the bin while providing increased each person’s preference in receiving removed. flexibility for handlers who might want committee communications. Each A small business guide on complying to experiment with varying weights, as person was given the opportunity to with fruit, vegetable, and specialty crop their customers demanded. If a handler specify how he or she would like marketing agreements and orders may had customer requests for 125 pounds, meeting agendas and other committee be viewed at the following Web site: that option would be available under communications to be delivered: http://www.ams.usda.gov/fv/moab.html. the recommendations. If another facsimile, electronic mail, and/or mailed Any questions about the compliance handler had a request for 250 pounds, hard copy. The staff is also preparing to guide should be sent to Jay Guerber at that option would also be available. make meeting minutes available on the the previously mentioned address in the The committees agreed with the Tree committees’ Web site, as well, where FOR FURTHER INFORMATION CONTACT Fruit Quality Subcommittee’s meeting agendas are currently available. section. recommendation, except for establishing This rule does not impose any After consideration of all relevant a trial period during the 2004 season. additional reporting and recordkeeping matters presented, the information and The committees voted unanimously to requirements on either small or large recommendations submitted by the establish the revised minimum net packers. As with all Federal marketing committees, and other information, it is weight of 100 pounds for bulk bin order programs, reports and forms are found that finalizing the interim final

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44460 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

rule, with a change, as published in the scoreable blemishes as determined Marketing Order Administration Federal Register (69 FR 19753, April 14, when applying the U.S. Standards for Branch, Fruit and Vegetable Programs, 2004) will tend to effectuate the Grades of Nectarines; and that such AMS, USDA, 1400 Independence declared policy of the Act. nectarines are mature and are: Avenue SW., STOP 0237, Washington, List of Subjects * * * * * DC 20250–0237; telephone: (202) 720– Dated: July 21, 2004. 2491, Fax: (202) 720–8938, or E-mail: 7 CFR Part 916 A.J. Yates, [email protected]. Marketing agreements, Nectarines, Administrator, Agricultural Marketing SUPPLEMENTARY INFORMATION: This Reporting and recordkeeping Service. requirements. document delays the effective date from [FR Doc. 04–16940 Filed 7–23–04; 8:45 am] August 1, 2004, to February 1, 2005, for 7 CFR Part 917 BILLING CODE 3410–02–P aflatoxin, size and quality provisions Marketing agreements, Peaches, Pears, established under Marketing Order No. Reporting and recordkeeping DEPARTMENT OF AGRICULTURE 983 (order) (69 FR 17844, April 5, 2004). requirements. The order, which became effective in Agriculture Marketing Service April 2004, regulates the handling of PART 916—NECTARINES GROWN IN pistachios produced in California. CALIFORNIA 7 CFR Part 983 Sections 983.38 through 983.46 of the order establish maximum aflatoxin [Docket No. FV02–983–1 FR] PART 917—FRESH PEARS AND along with minimum size and quality PEACHES GROWN IN CALIFORNIA Pistachios Grown in California; Delay requirements for California pistachios, I Accordingly, the interim final rule of the Effective Date for Aflatoxin, Size and were scheduled to become effective amending 7 CFR parts 916 and 917, and Quality Requirements on August 1, 2004. The delay was which was published at 69 FR 19753 on requested by members of the California AGENCY: Agriculture Marketing Service, pistachio industry. Postponing the April 14, 2004, is adopted as a final rule USDA. with the following change to 7 CFR part effective date of the aflatoxin, size and ACTION: Final rule; delay of effective 916: quality requirements will provide date. I 1. The authority citation for 7 CFR pistachio handlers with preparation parts 916 and 917 continues to read as SUMMARY: This document delays the time needed to comply with these follows: effective date for aflatoxin, size and requirements. For example, additional Authority: 7 U.S.C. 601–674. quality requirements established under time is needed for handlers to arrange Marketing Order No. 983 (order). The for accredited laboratories to test their I 2. In § 916.356, paragraph (a)(1), the order regulates the handling of pistachios and certify that they meet the introductory text is revised to read as pistachios produced in California. order’s aflatoxin requirements. follows: Sections 983.38 through 983.46 of the In addition, administrative rules and § 916.356 California Nectarine Grade and order establish maximum aflatoxin regulations needed to implement the Size Regulation. along with minimum size and quality program (for example, handler reporting (a) * * * requirements for California pistachios. requirements) have not been The delayed effective date was (1) Any lot or package or container of established. These should be considered requested by members of the California any variety of nectarines unless such and recommended by the committee pistachio industry. Postponing the nectarines meet the requirements of U.S. established to locally administer the effective date of the regulations will No. 1 grade: Provided, That nectarines 2 order. The committee is in the process inches in diameter or smaller, shall not provide pistachio handlers with preparation time needed to meet the of being appointed by the Department. have fairly light-colored, fairly smooth Postponing the effective date of the scars which exceed an aggregate area of aflatoxin, size and quality requirements order’s regulatory provisions would a circle 3⁄8 inch in diameter, and of the order. allow the new committee time to nectarines larger than 2 inches in DATES: The effective date for §§ 983.38 diameter shall not have fairly light- through 983.46 is delayed from August become established and actively colored, fairly smooth scars which 1, 2004, to February 1, 2005. participate in implementing the order. exceed an aggregate area of a circle 1⁄2 FOR FURTHER INFORMATION CONTACT: Thus, the effective date of §§ 983.38 inch in diameter: Provided further, That Melissa Schmaedick, Marketing through 983.46 should be delayed until an additional tolerance of 25 percent Specialist, Marketing Order February 1, 2005. A 6-month delay shall be permitted for fruit that is not Administration Branch, Fruit and should provide adequate time for well formed but not badly misshapen: Vegetable Programs, AMS, USDA, PO pistachio handlers to prepare to meet Provided further, That during the period Box 1035, Moab, Utah 84532; telephone: the aflatoxin, size and quality April 1 through October 31, 2004, any (435) 259–7988, Fax: (435) 259–4945; or requirements. It should also allow handler may handle nectarines if such Rose Aguayo, Marketing Specialist, sufficient time for an administrative nectarines meet ‘‘CA Utility’’ quality California Marketing Field Office, committee to be appointed and requirements. The term ‘‘CA Utility’’ Marketing Order Administration recommend any implementing rules and means that not more than 40 percent of Branch, Fruit and Vegetable Programs, regulations deemed necessary. the nectarines in any container meet or AMS, USDA, 2202 Monterey Street, exceed the requirements of the U.S. No. suite 102B, Fresno, California 93721; List of Subjects in 7 CFR Part 983 1 grade, except that when more than 30 telephone: (559) 487–5901, Fax: (559) Marketing agreements, Pistachios, percent of the nectarines in any 487–5906. container meet or exceed the Small businesses may request Reporting and recordkeeping requirements of the U.S. No. 1 grade, the information on complying with this requirements. additional 10 percent shall have non- regulation by contacting Jay Guerber, Authority: 7 U.S.C. 601–674.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44461

Dated: July 21, 2004. I Accordingly, 13 CFR part 121 is ACTION: Final rule. A.J. Yates, corrected by making the following Administrator, Agricultural Marketing correcting amendment: SUMMARY: EPA is finalizing approval of Service. revisions to the South Coast Air Quality [FR Doc. 04–16941 Filed 7–23–04; 8:45 am] PART 121—SMALL BUSINESS SIZE Management District portion of the REGULATIONS BILLING CODE 3410–02–P California State Implementation Plan (SIP). These revisions were proposed in I 1. The authority section for part 121 the Federal Register on May 21, 2004, continues to read as follows: SMALL BUSINESS ADMINISTRATION and concern oxides of nitrogen (NOX) Authority: 15 U.S.C. 632(a), 634(b)(6), and oxides of sulfur (SOX) emissions 636(b), 637(a), 644(c) and 662(5); Sec. 304, from facilities emitting 4 tons or more 13 CFR Part 121 Pub. L., 103–403, 108 Stat. 4175, 4188; Pub. per year of NOX and/or SOX in the year [Docket No. 04–11579] L. 105–135 sec 601 et seq., 111 Stat. 2592; Pub. L. 106–24, 113 Stat. 39. 1990 or any subsequent year. We are RIN 3245–AE66 approving local rules that regulate these I 2. Amend § 121.1001 by revising emission sources under the Clean Air Small Business Size Regulations; paragraphs (b)(7) and (8) and removing Act as amended in 1990 (CAA or the Correction the paragraph (b)(7) published at 69 FR Act). 29411, May 24, 2004, to read as follows: AGENCY: U.S. Small Business EFFECTIVE DATE: This rule is effective on Administration. § 121.1001 Who may initiate a size protest August 25, 2004. or request a formal size determination? ACTION: Final rule; correcting ADDRESSES: You can inspect copies of amendments. * * * * * the administrative record for this action (b) * * * at EPA’s Region IX office during normal SUMMARY: This document contains a (7) In connection with initial or correction to the final rule that appeared business hours by appointment. You continued eligibility for the Small can inspect copies of the submitted SIP in the Federal Register of May 24, 2004 Disadvantaged Business (SDB) program, (69 FR 29411). The final rule amended revisions by appointment at the the following may request a formal size following locations: the regulations that governed the determination: Historically Underutilized Business (i) The applicant or SDB concern; or Environmental Protection Agency, Zone (HUBZone) Program. The (ii) The Assistant Administrator of the Region IX, 75 Hawthorne Street, San corrected provision concerns who may Division of Program Certification and Francisco, CA 94105–3901. initiate a size protest or initiate a size Eligibility or the Associate Air and Radiation Docket and determination. Administrator for 8(a)BD. Information Center, U.S. DATES: Effective June 23, 2004. (8) In connection with initial or Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: continued eligibility for the HUBZone Room B–102, 1301 Constitution Michael P. McHale, Associate program, the following may request a Avenue, NW., (Mail Code 6102T), Administrator for the HUBZone formal size determination: Washington, DC 20460. Program, (202) 205–8885 or by e-mail, at (i) The applicant or qualified California Air Resources Board, [email protected]. HUBZone business concern; or Stationary Source Division, Rule (ii) The Associate Administrator for SUPPLEMENTARY INFORMATION: The final Evaluation Section, 1001 ‘‘I’’ Street, the HUBZone program, or designee. rule that is the subject of this correction Sacramento, CA 95814. amends the regulations that governed * * * * * South Coast Air Quality Management the Historically Underutilized Business Dated: June 24, 2004. District, 21865 E. Copley Dr., Zone (HUBZone) Program published on Allegra F. McCullough, Diamond Bar, CA 91765–4182. May 24, 2004 (69 FR 29411). This Associate Deputy Administrator for A copy of the rule may also be document corrects the numbering of a Government Contracting and Business available via the Internet at http:// section of the final regulation. Development. www.arb.ca.gov/drdb/drdbltxt.htm. Confusion was caused by another [FR Doc. 04–16883 Filed 7–23–04; 8:45 am] Please be advised that this is not an EPA amendment to the relevant section by a BILLING CODE 8025–01–P Web site and may not contain the same final rule amending certain definitions version of the rule that was submitted and making procedural and technical to EPA. amendments to several SBA programs ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: published on May 21, 2004 (69 FR AGENCY Thomas C. Canaday, EPA Region IX, 29192). The rule revised is (415) 947–4121, [email protected]. § 121.1001(b)(7–8). Who may initiate a 40 CFR Part 52 size protest or request a formal size SUPPLEMENTARY INFORMATION: [CA302–0463; FRL–7788–5] determination? Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. List of Subjects in 13 CFR Part 121 Revisions to the California State Implementation Plan, South Coast Air I. Proposed Action Government procurement, Quality Management District Government property, Grant programs— On May 21, 2004 (69 FR 29250), EPA business, Load programs—business, AGENCY: Environmental Protection proposed to approve the following rules Small businesses. Agency (EPA). into the California SIP.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44462 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

TABLE 1.—SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted

SCAQMD ...... 2007 Trading Requirements...... 12/05/03 02/20/04 SCAQMD ...... 2011 Requirements for Monitoring, Reporting, and Recordkeeping 12/05/03 02/20/04 for Oxides of Sulfur (SOX) Emissions. SCAQMD ...... 2012 Requirements for Monitoring, Reporting, and Recordkeeping 12/05/03 02/20/04 for Oxides of Nitrogen (NOX) Emissions.

We proposed to approve these rules between the Federal Government and of the United States. EPA will submit a because we determined that they Indian tribes, or on the distribution of report containing this rule and other complied with the relevant CAA power and responsibilities between the required information to the U.S. Senate, requirements. Our proposed action Federal Government and Indian tribes, the U.S. House of Representatives, and contains more information on the rules as specified by Executive Order 13175 the Comptroller General of the United and our evaluation. (65 FR 67249, November 9, 2000). This States prior to publication of the rule in action also does not have federalism the Federal Register. A major rule II. Public Comments and EPA implications because it does not have cannot take effect until 60 days after it Responses substantial direct effects on the States, is published in the Federal Register. EPA’s proposed action provided a 30- on the relationship between the national This action is not a ‘‘major rule’’ as day public comment period. During this government and the States, or on the defined by 5 U.S.C. section 804(2). period we received no comments on our distribution of power and Under section 307(b)(1) of the Clean proposed action. responsibilities among the various Air Act, petitions for judicial review of levels of government, as specified in III. EPA Action this action must be filed in the United Executive Order 13132 (64 FR 43255, States Court of Appeals for the No comments were submitted that August 10, 1999). This action merely appropriate circuit by September 24, change our assessment that the approves a State rule implementing a 2004. Filing a petition for submitted rules comply with the Federal standard, and does not alter the reconsideration by the Administrator of relevant CAA requirements. Therefore, relationship or the distribution of power this final rule does not affect the finality as authorized in section 110(k)(3) of the and responsibilities established in the of this rule for the purposes of judicial Act, EPA is fully approving these rules Clean Air Act. This rule also is not review nor does it extend the time into the California SIP. subject to Executive Order 13045 within which a petition for judicial ‘‘Protection of Children from IV. Statutory and Executive Order review may be filed, and shall not Environmental Health Risks and Safety Reviews postpone the effectiveness of such rule Risks’’ (62 FR 19885, April 23, 1997), or action. This action may not be Under Executive Order 12866 (58 FR because it is not economically challenged later in proceedings to 51735, October 4, 1993), this action is significant. enforce its requirements. (See section not a ‘‘significant regulatory action’’ and In reviewing SIP submissions, EPA’s 307(b)(2).) therefore is not subject to review by the role is to approve state choices, Office of Management and Budget. For provided that they meet the criteria of List of Subjects in 40 CFR Part 52 this reason, this action is also not the Clean Air Act. In this context, in the Environmental protection, Air subject to Executive Order 13211, absence of a prior existing requirement pollution control, Incorporation by ‘‘Actions Concerning Regulations That for the State to use voluntary consensus reference, Intergovernmental relations, Significantly Affect Energy Supply, standards (VCS), EPA has no authority Nitrogen dioxide, Ozone, Reporting and Distribution, or Use’’ (66 FR 28355, May to disapprove a SIP submission for recordkeeping requirements. 22, 2001). This action merely approves failure to use VCS. It would thus be State law as meeting Federal inconsistent with applicable law for Dated: July 6, 2004. requirements and imposes no additional EPA, when it reviews a SIP submission, Alexis Strauss, requirements beyond those imposed by to use VCS in place of a SIP submission Acting Regional Administrator, Region IX. State law. Accordingly, the that otherwise satisfies the provisions of I Part 52, Chapter I, Title 40 of the Code Administrator certifies that this rule the Clean Air Act. Thus, the of Federal Regulations is amended as will not have a significant economic requirements of section 12(d) of the follows: impact on a substantial number of small National Technology Transfer and entities under the Regulatory Flexibility Advancement Act of 1995 (15 U.S.C. PART 52—[AMENDED] Act (5 U.S.C. 601 et seq.). Because this 272 note) do not apply. This rule does rule approves pre-existing requirements not impose an information collection I 1. The authority citation for part 52 under State law and does not impose burden under the provisions of the continues to read as follows: any additional enforceable duty beyond Paperwork Reduction Act of 1995 (44 Authority: 42 U.S.C. 7401 et seq. that required by State law, it does not U.S.C. 3501 et seq.). contain any unfunded mandate or The Congressional Review Act, 5 Subpart F—California significantly or uniquely affect small U.S.C. 801 et seq., as added by the Small governments, as described in the Business Regulatory Enforcement I 2. Section 52.220 is amended by Unfunded Mandates Reform Act of 1995 Fairness Act of 1996, generally provides adding paragraph (c)(329) to read as (Public Law 104–4). that before a rule may take effect, the follows: This rule also does not have tribal agency promulgating the rule must implications because it will not have a submit a rule report, which includes a § 52.220 Identification of plan. substantial direct effect on one or more copy of the rule, to each House of the * * * * * Indian tribes, on the relationship Congress and to the Comptroller General (c) * * *

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44463

(329) Amended regulations for the authorization, or portions thereof, will Electronic files should avoid the use of following APCDs were submitted on not take effect as scheduled. special characters, any form of February 20, 2004, by the Governor’s ADDRESSES: Submit your comments, encryption, and be free of any defects or Designee. identified by FRL–7791–3 by one of the viruses. (i) Incorporation by reference. following methods: FOR FURTHER INFORMATION CONTACT: (A) South Coast Air Quality 1. Federal eRulemaking Portal: Carol Johnson, Mailcode 3WC21, RCRA Management District. http://www.regulations.gov. Follow the (1) Rules 2007, 2011 including State Programs Branch, U.S. EPA Region on-line instructions for submitting III, 1650 Arch Street, Philadelphia, PA protocol for Rule 2011, and 2012 comments. including protocol for Rule 2012 19103–2029, Phone number: (215) 814– 2. E-mail: 3378. amended on December 5, 2003. [email protected]. * * * * * 3. Mail: Carol Johnson, Mailcode SUPPLEMENTARY INFORMATION: 3WC21, RCRA State Programs Branch, [FR Doc. 04–16942 Filed 7–23–04; 8:45 am] A. Why are Revisions to State Programs U.S. EPA Region III, 1650 Arch Street, BILLING CODE 6560–50–P Necessary? Philadelphia, PA 19103–2029. 4. Hand Delivery: At the previously- States that have received final ENVIRONMENTAL PROTECTION listed EPA Region III address. Such authorization from EPA under RCRA AGENCY deliveries are only accepted during the section 3006(b), 42 U.S.C. 6926(b), must normal hours of operation, and special maintain a hazardous waste program 40 CFR Part 271 arrangements should be made for that is equivalent to, consistent with, deliveries of boxed information. [FRL–7791–3] and no less stringent than the Federal You may inspect and copy Maryland’s program. As the Federal program Maryland: Final Authorization of State application from 8:30 a.m. to 4:30 p.m., changes to become more stringent or Hazardous Waste Management Monday through Friday at the following broader in scope, States must change Program Revisions addresses: Maryland Department of the their programs and apply to EPA to Environment, Waste Management authorize the changes. Authorization of AGENCY: Environmental Protection Administration, Hazardous Waste changes to State programs may be Agency (EPA). Program, 1800 Washington Blvd., Suite necessary when Federal or State ACTION: Immediate final rule. 645, Baltimore, Maryland 21230–1719, statutory or regulatory authority is Phone number: (410) 537–3345, Attn: modified or when certain other changes SUMMARY: Maryland has applied to EPA Ed Hammerberg, and the EPA Region III, occur. Most commonly, States must for final authorization of changes to its Library, 2nd Floor, 1650 Arch Street, hazardous waste program under the revise their programs because of Philadelphia, PA 19103–2029, Phone changes to EPA’s regulations in 40 Code Resource Conservation and Recovery number: (215) 814–5254. Act (RCRA). EPA has determined that of Federal Regulations (CFR) parts 124, Instructions: Direct your comments to 260 through 266, 268, 270, 273 and 279. these changes satisfy all requirements FRL–7791–3. EPA’s policy is that all needed to qualify for final authorization comments received will be included in B. What Decisions Have We Made in and is authorizing Maryland’s changes the public docket without change, This Rule? through this immediate final action. including any personal information EPA is publishing this rule to authorize provided, unless the comment includes EPA concludes that Maryland’s the changes without a prior proposal information claimed to be Confidential application to revise its authorized because we believe this action is not Business Information (CBI) or other program meets all of the statutory and controversial and do not expect information whose disclosure is regulatory requirements established by comments that oppose it. Unless we restricted by statute. Do not submit RCRA. Therefore, we grant Maryland receive written comments which oppose information that you consider to be CBI final authorization to operate its this authorization during the comment or otherwise protected through hazardous waste program with the period, the decision to authorize regulations.gov or e-mail. The federal changes described in its application for Maryland’s changes to its hazardous regulations.gov Web site is an program revisions, subject to the waste program will take effect. If we ‘‘anonymous access’’ system, which procedures described in section E, receive comments that oppose this means EPA will not know your identity below. Maryland has responsibility for action, or portions thereof, we will or contact information unless you permitting treatment, storage, and publish a document in the Federal provide it in the body of your comment. disposal facilities (TSDFs) within its Register withdrawing the relevant If you send an e-mail comment directly borders and for carrying out the aspects portions of this rule before they take to EPA without going through of the RCRA program described in its effect and a separate document in the regulations.gov, your e-mail address application, subject to the limitations of proposed rules section of this Federal will be automatically captured and the Hazardous and Solid Waste Register will serve as a proposal to included as part of the comment that is Amendments of 1984 (HSWA). New authorize changes to Maryland’s placed in the public docket and made Federal requirements and prohibitions program that were the subject of adverse available on the Internet. If you submit imposed by Federal regulations that comments. an electronic comment, EPA EPA promulgates under the authority of DATES: This Final authorization will recommends that you include your HSWA take effect in authorized States become effective on September 24, name and other contact information in before they are authorized for the 2004, unless EPA receives adverse the body of your comment and with any requirements. Thus, EPA will written comment by August 25, 2004. If disk or CD–ROM you submit. If EPA implement those HSWA requirements EPA receives any such comment, it will cannot read your comment due to and prohibitions for which Maryland publish a timely withdrawal of this technical difficulties and cannot contact has not been authorized, including immediate final rule in the Federal you for clarification, EPA may not be issuing HSWA permits, until the State is Register and inform the public that this able to consider your comment. granted authorization to do so.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44464 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

C. What Is the Effect of Today’s E. What Happens if EPA Receives application, seeking authorization of Authorization Decision? Comments That Oppose This Action? additional changes to its program in This decision serves to authorize If EPA receives comments that oppose accordance with 40 CFR 271.21. revisions to Maryland’s authorized this authorization, or portions thereof, Maryland’s revision application hazardous waste program. This action we will withdraw this rule, or portions includes various regulations that are does not impose additional thereof, by publishing a document in equivalent to, and no less stringent than, requirements on the regulated the Federal Register before the rule changes to the Federal hazardous waste community because the regulations for would become effective. EPA will base program, as published in the Federal which Maryland is being authorized by any further decision on the Register through June 1, 2001. We now today’s action are already effective and authorization of Maryland’s program make an immediate final decision, are not changed by today’s action. changes on the proposal mentioned in subject to receipt of written comments Maryland has enforcement the previous section. We will then that oppose this action, that Maryland’s responsibilities under its state address all public comments in a later hazardous waste program revision hazardous waste program for violations final rule. You may not have another satisfies all of the requirements of its program, but EPA retains its opportunity to comment. If you want to necessary to qualify for final authority under RCRA sections 3007, comment on this authorization, you authorization. Therefore, EPA grants 3008, 3013, and 7003, which include, must do so at this time. Maryland final authorization for the among others, authority to: If we receive comments that oppose • Perform inspections, and require the authorization of a particular change following program changes: monitoring, tests, analyses or reports; to the State’s hazardous waste program, 1. Program Revision Changes for Federal • Enforce RCRA requirements and we will withdraw that part of this rule, Rules suspend or revoke permits; and but the authorization of the program • Take enforcement actions regardless changes that the comments do not Maryland seeks authority to of whether Maryland has taken its own oppose will become effective on the administer the Federal requirements actions. date specified above. The Federal that are listed in Tables 1–A and 1–B D. Why Wasn’t There a Proposed Rule Register withdrawal document will below. Tables 1–A and 1–B identify Before Today’s Rule? specify which part of the authorization Maryland’s analogs that are being will become effective, and which part is recognized as equivalent or more EPA did not publish a proposal before being withdrawn. today’s rule because we view this as a stringent to the appropriate Federal routine program change and do not F. What Has Maryland Previously Been requirements. The regulatory references expect comments that oppose this Authorized for? are to Title 26, Subtitle 13 of the Code approval. We are providing an Initially Maryland received final of Maryland Regulations (COMAR), opportunity for public comment now. In authorization effective February 11, Chapters 01 through 07, and Chapter 10, addition to this rule, in the proposed 1985 (50 FR 3511; January 25, 1985) to as amended effective November 1, 2002. rules section of today’s Federal Register implement its base hazardous waste The State’s statutory authority for its we are publishing a separate document management program. EPA granted hazardous waste program is based on that proposes to authorize Maryland’s authorization for changes to Maryland’s the Environment Article, Title 7, program changes. If EPA receives regulatory program on June 1, 2001, Subtitle 2 of the Annotated Code of comments that oppose this effective July 31, 2001 (66 FR 29712). Maryland (1996 Repl. Vol., 1999 Cumul. authorization, or portions thereof, that Supp.). Maryland has made no changes G. What Changes Are We Authorizing document will serve as a proposal to to its hazardous waste statutes since With Today’s Action? authorize the changes to Maryland’s 1999. program that were the subject of adverse On May 27, 2004, Maryland comment. submitted a program revision

TABLE 1–A.—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of Federal requirement Federal Register date and page Analogous state authority (revision checklists 1)

Wood Preserving Listings (Revision Checklists 12/6/90, 55 FR 50450; 7/1/91, 56 FR 30192; COMAR 26.13.01.03B (16–1); 82, 92, 120, 167F). 12/24/92, 57 FR 61492; 5/26/98, 63 FR 26.13.02.04A(9), .04C, .16A, .16C, .22, .23 28556. and .24; 26.13.03.05E(1)(b), (e), and (l); 26.13.05.10A(1), .10A(5) and .17–1 through .17–4; 26.13.06.18A and .26; 26.13.07.02– 11. Liquids in Landfills II (Revision Checklist 118) .. 11/18/92, 57 FR 54452 ...... COMAR 23.13.05.14N(1); 26.13.06.22F(1), .22F(3)(c) and .22F(3)(d). (More stringent provisions: 26.13.05.14N(1); 26.13.06.22F(1)).

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44465

TABLE 1–A.—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued

Description of Federal requirement Federal Register date and page Analogous state authority (revision checklists 1)

Universal Waste Rules (Revision Checklists 5/11/95, 60 FR 25492; 12/24/98, 63 FR COMAR 26.13.01.03A; 26.13.01.03B(4–1), 142A–E, 176). 71225. (12–1), (16–2), (24–2), (29), (46–1), (56), (62–1), (72–2), (80–1), (89–1), (89–2), (89– 3), (89–4); 26.13.01.04A(1) and .04J; 26.13.02.05A(2), .05D(2)(f)(ii) and .05D(2)(g); 26.13.02.06A(3)(a)(ii)–(iv); 26.13.02.07–1; 26.13.03.01B, .01B–1, .01C through .01F, .02B; 26.13.05.01A(3)(k); 26.13.06.01A(4)(j); 26.13.07.01A; 26.13.10.04, .06 through .14, .17A (except A(2)(e) and A(2)(f)), .17B, .17C, .17D, .18 (except C(2)), .19, .20 (except .20D and .20(E)), .21, .22 (except (G)(1)), .23, .24 (except .24B(4)) and .25. [Note: Maryland’s regulations addressing lamps and PCB-containing lamps are not part of the State’s universal waste requirements being authorized.] Removal of Legally Obsolete Rules (Revision 6/29/95, 60 FR 33912 ...... The Federal final rule removed obsolete lan- Checklist 144). guage from the Code of Federal Regula- tions. Maryland did not adopt the Federal rule because Maryland’s regulations did not include the obsolete Federal language. Liquids in Landfills III (Revision Checklist 145) 7/11/95, 60 FR 35703 ...... COMAR 26.13.05.14N(1). (More stringent provision: 26.13.05.14N(1)). Conditionally Exempt Small Quantity Generator 7/1/96, 61 FR 34252 ...... COMAR 26.13.02.05D(2). (More stringent pro- Disposal Options Under Subtitle D (Revision vision: 26.13.02.05D(2)(c)). Checklist 153). 1 A Revision Checklist is a document that addresses the specific changes made to the Federal regulations by one or more related final rules published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in documenting specific State analogs to the Federal regulations. For more information see EPA’s RCRA State Authorization Web page at http:// www.epa.gov/epaoswer/hazwaste/state.

In addition to the provisions listed in 168), and the subsequent revisions (MACT) as specified by the Clean Air Table 1–A, Maryland is seeking published on September 30, 1999 (64 FR Act, as well as technical corrections to authorization for the provisions listed in 52828) and July 10, 2000 (65 FR 42292). the June 19, 1998 comparable/syngas Table 1–B. These provisions relate to Note that the 1999 and 2000 Federal fuel requirements. Maryland has not the comparable/syngas fuel rules address the standards that reflect adopted, and is not seeking requirements published on June 19, the performance of Maximum authorization for, the MACT standards. 1998 (63 FR 33782; Revision Checklist Achievable Control Technologies

TABLE 1–B.—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of Federal requirement (revision checklists) Federal Register date and page Analogous state authority

Hazardous Waste Combustors Revised 6/19/98, 63 FR 33782 ...... COMAR 26.13.02.04A(13); 26.13.02.19–1, 19–2A (except Standards (Revision Checklist 168). (2)(d)), .19–2B through .19–2G, .19–3, .19–4 and .19–5; 26.13.07.13–2A(10)(e); 26.13.07.23C(3)(h). (More stringent provisions: 26.13.02.19–2C(2), 26.13.02.19–5B(3). In addition, Maryland has not adopted an analog to 40 CFR 270.42(j)(2)). 40 CFR 260.10 ‘‘Dioxins and furans (D/ 9/30/99, 64 FR 52828 COMAR 26.13.01.03B(13–1), 26.13.02.19–1B/Table 1 and F)’’ [definition];. 26.13.07.13–2A(10)(e). 40 CFR 261.38, Table 1—[detection and detection limit values for comparable fuel specification]; 40 CFR 270.42, Item L(9) [permit modification requirement addressing technology changes needed to meet standards under 40 CFR Part 63, Subpart EEE.] (From Revision Checklist 182) 40 CFR 261.38(c)(2)(iv) [revision for gas 7/10/00; 65 FR 42292 ...... COMAR 26.13.02.19–2A(2)(d). turbines] (From Revision Checklist 188).

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44466 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

2. State-Initiated Changes changes are related to either (1) the Federal hazardous waste regulations, or adoption of a provision that makes (3) correction of typographical errors. Maryland’s program revision internal clarification and conforming EPA grants Maryland final authorization application includes State-initiated changes to the State’s regulations, (2) for the State provisions listed in Table changes that are not directly related to adoption of a provision that makes the 2. These requirements are analogous to any of the Revision Checklists in Tables State’s regulations, which had been the indicated Federal RCRA regulations 1–A and 1–B. All the State-initiated more stringent, now equivalent to the found at 40 CFR as of July 1, 2001.

TABLE 2.—EQUIVALENT STATE-INITIATED CHANGES

State citation Federal RCRA citation

26.13.02.05D(2)(c)(iv)* ...... No direct Federal analog/Related to 261.5(g)(3)(i). 26.13.06.01A(4)(k) ...... 265.1(c)(13). 26.13.10.03A ...... 266.70(a). 26.13.10.04C ...... 266.80. * Note: In accordance with its solid waste regulations at COMAR 26.04.07.03B(5), Maryland prohibits the acceptance of hazardous waste at a solid waste facility unless the facility is specifically authorized by a valid permit issued under COMAR 26.13.07.

H. Where Are the Revised Maryland addressed by the final rule published on will continue to administer any RCRA Rules Different From the Federal Rules? November 18, 1992 (55 FR 54452, as hazardous waste permits or portions of amended on July 11, 1995 (60 FR permits that we issued prior to the 1. Maryland Requirements That Are 35703). The Federal provisions allow effective date of this authorization until Broader in Scope Than the Federal liquid wastes to be placed in landfills if the timing and process for effective Program the owner or operator complies with transfer to the State are mutually agreed The Maryland hazardous waste certain requirements. Per COMAR upon. Until such time as formal transfer program contains certain provisions that sections 26.13.05.14.N(1) and of EPA permit responsibility to the State are beyond the scope of the Federal 26.13.06.22F(1), Maryland does not occurs and EPA terminates its permit, program. These broader in scope allow bulk or non-containerized liquid EPA and the State agree to coordinate provisions are not part of the program waste or waste containing free liquids to the administration of permits in order to being authorized by today’s action. EPA be disposed in landfills. maintain consistency. We will not issue cannot enforce requirements that are (b) Maryland’s provision at COMAR any more new permits or new portions broader in scope, although compliance section 26.13.02.19–2C(2) is more of permits for the provisions listed in with such provisions is required by stringent than the Federal requirement Tables 1–A, 1–B and 2 above after the Maryland law. Examples of broader in at 40 CFR 261.38(c)(1)(ii) because in effective date of this authorization. EPA scope provisions of Maryland’s program addition to the Federal requirement that will continue to implement and issue include, but are not limited to, the a burner provide public notice in a permits for HSWA requirements for following: major newspaper prior to burning an which Maryland is not yet authorized. Maryland’s regulations at COMAR excluded comparable/syngas fuel, section 26.13.10 include PCB-containing J. How Does Today’s Action Affect Maryland also requires burners to lamp ballasts as a universal waste. The Indian Country (18 U.S.C. 115) in submit a copy of the public notice to the requirements for PCB-containing lamp Maryland? Secretary. ballasts go beyond the scope of the Maryland is not seeking authority to (c) Maryland’s provision at COMAR Federal program because PCB’s are not operate the program on Indian lands, section 26.13.02.19–5B(3) is more a Federal hazardous waste and thus are since there are no Federally-recognized stringent than the Federal requirements not part of the program being authorized Indian Lands in the State. by today’s action. EPA cannot enforce at 40 CFR 261.38(c)(11) because these requirements that are broader in Maryland requires records and waste K. What Is Codification and Is EPA scope, although compliance with these analysis plans to be maintained as long Codifying Maryland’s Hazardous Waste provisions is required by Maryland law. as the Department has an enforcement Program as Authorized in This Rule? case, unlike the Federal program where Codification is the process of placing 2. Maryland Requirements That Are records must be maintained for a period the State’s statutes and regulations that More Stringent Than the Federal of three years. comprise the State’s authorized Program (d) Maryland has not adopted an hazardous waste program into the Code Maryland’s hazardous waste program analog to 40 CFR 270.42(j)(2), which of Federal Regulations. We do this by contains several provisions that are provides for automatic approval of referencing the authorized State rules in more stringent than the RCRA program permit modification requests in the 40 CFR part 272. We reserve the as codified in the July 1, 2001 edition event the Director does not approve or amendment of 40 CFR part 272, subpart of Title 40 of the Code of Federal deny a request within 90 days of receipt. V, for this authorization of Maryland’s Regulations (CFR). More stringent Therefore, Maryland’s program is more program changes until a later date. provisions are part of a Federally- stringent than the Federal program in authorized program and are, therefore, this regard. L. Statutory and Executive Order Federally-enforceable. The specific Reviews I. Who Handles Permits After the more stringent provisions in Maryland’s This rule only authorizes hazardous Authorization Takes Effect? program are noted in section G. 1 and waste requirements pursuant to RCRA include, but are not limited to, the After authorization, Maryland will section 3006 and imposes no following: issue permits covering all the provisions requirements other than those imposed (a) Maryland’s regulations are more for which it is authorized and will by State law (see Supplementary stringent than the Federal requirements administer the permits it issues. EPA Information, section A. Why are

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44467

Revisions to State Programs Necessary?). 8. Executive Order 13211: Actions That ACTION: Direct final notice of deletion of Therefore, this rule complies with Significantly Affect Energy Supply, the Mid-America Tanning Co. site from applicable executive orders and Distribution, or Use the National Priorities List (NPL). statutory provisions as follows. This rule is not subject to Executive SUMMARY: The EPA, Region VII, is 1. Executive Order 12866: Regulatory Order 13211 because it is not a publishing a direct final notice of Planning Review significant regulatory action as defined deletion of the Mid-America Tanning in Executive Order 12866. Co. site (site), located near Sergeant The Office of Management and Budget 9. National Technology Transfer Bluff, Iowa, from the NPL. has exempted this rule from its review Advancement Act The NPL, promulgated pursuant to under Executive Order 12866. section 105 of the Comprehensive EPA approves State programs as long Environmental Response, 2. Paperwork Reduction Act as they meet criteria required by RCRA, Compensation, and Liability Act so it would be inconsistent with (CERCLA) of 1980, as amended, is This rule does not impose an applicable law for EPA, in its review of information collection burden under the a State program, to require the use of Appendix B of 40 CFR part 300, which Paperwork Reduction Act. any particular voluntary consensus is the National Oil and Hazardous Substances Pollution Contingency Plan 3. Regulatory Flexibility Act standard in place of another standard that meets the requirements of RCRA. (NCP). This direct final deletion is being After considering the economic Thus, section 12(d) of the National published by EPA with the concurrence impacts of today’s rule on small entities Technology Transfer and Advance Act of the state of Iowa, through the Iowa under the Regulatory Flexibility Act, I does not apply to this rule. Department of Natural Resources (IDNR) because EPA has determined that all certify that this rule will not have a 10. Congressional Review Act significant economic impact on a appropriate response actions under substantial number of small entities. EPA will submit a report containing CERCLA have been completed and, this rule and other information required therefore, further remedial action 4. Unfunded Mandates Reform Act by the Congressional Review Act (5 pursuant to CERCLA is not appropriate. U.S.C. 801 et seq.) to the U.S. Senate, DATES: This direct final deletion will be Because this rule approves pre- the U.S. House of Representatives, and effective September 24, 2004 unless existing requirements under state law the Comptroller General of the United EPA receives adverse comments by and does not impose any additional States prior to publication in the August 25, 2004. If adverse comments enforceable duty beyond that required Federal Register. A major rule cannot are received, EPA will publish a timely by state law, it does not contain any take effect until 60 days after it is withdrawal of the direct final deletion unfunded mandate or significantly or published in the Federal Register. This in the Federal Register informing the uniquely affect small governments, as action is not a ‘‘major rule’’ as defined public that the deletion will not take described in the Unfunded Mandates by 5 U.S.C. 804(2). This action will be effect. Reform Act. effective on September 24, 2004. ADDRESSES: Comments may be mailed to 5. Executive Order 13132: Federalism List of Subjects in 40 CFR Part 271 Bob Stewart, Remedial Project Manager, Environmental protection, U.S. Environmental Protection Agency, Executive Order 13132 does not apply Superfund Division, 901 North 5th to this rule because it will not have Administrative practice and procedure, Confidential business information, Street, Kansas City, KS 66101. federalism implications (i.e., substantial Information Repositories: Hazardous waste, Hazardous waste direct effects on the States, on the Comprehensive information on the site transportation, Indians-lands, relationship between the national is available for viewing in the Deletion Intergovernmental relations, Penalties, government and the States, or on the Docket at the information repositories distribution of power and Reporting and recordkeeping requirements. located at: U.S. EPA Region VII, responsibilities among the various Superfund Division Records Center, 901 levels of government). Authority: This action is issued under the North 5th Street, Kansas City, KS 66101; authority of sections 2002(a), 3006 and and the IDNR, Henry A. Wallace 6. Executive Order 13175: Consultation 7004(b) of the Solid Waste Disposal Act, as and Coordination With Indian Tribal amended, 42 U.S.C. 6912(a), 6926, 6974(b). Building, 900 East Grand, Des Moines, IA 50319. Governments Dated: July 12, 2004. FOR FURTHER INFORMATION CONTACT: Bob Executive Order 13175 does not apply Donald S. Welsh, Stewart, Remedial Project Manager, U.S. to this rule because it will not have Regional Administrator, Region III. EPA, Superfund Division, 901 North 5th tribal implications (i.e., substantial [FR Doc. 04–16944 Filed 7–23–04; 8:45 am] Street, Kansas City, KS 66101, fax (913) direct effects on one or more Indian BILLING CODE 6560–50–P 551–9654, or 1–800–223–0425. tribes, on the relationship between the SUPPLEMENTARY INFORMATION: Federal Government and Indian tribes, or on the distribution of power and ENVIRONMENTAL PROTECTION Table of Contents responsibilities between the Federal AGENCY I. Introduction Government and Indian tribes). II. NPL Deletion Criteria 40 CFR Part 300 III. Deletion Procedures IV. Basis for Site Deletion 7. Executive Order 13045: Protection of [FRL–7790–3] Children From Environmental Health & V. Deletion Action Safety Risks National Oil and Hazardous I. Introduction Substances Pollution Contingency This rule is not subject to Executive Plan; National Priorities List The EPA, Region VII, is publishing Order 13045 because it is not this direct final notice of deletion of the economically significant and it is not AGENCY: Environmental Protection Mid-America Tanning Co. Superfund based on health or safety risks. Agency (EPA). site from the NPL.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44468 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

The EPA identifies sites that appear to exposure, CERCLA section 121(c), 42 should future conditions warrant such present a significant risk to public U.S.C. 9621(c) requires that a actions. health or the environment and subsequent review of the site be IV. Basis for Intended Site Deletion maintains the NPL as the list of those conducted at least every five years after sites. As described in the § 300.425(e)(3) the initiation of the remedial action at The following information provides of the NCP, sites deleted from the NPL the deleted site to ensure that the EPA’s rationale for deleting the site from remain eligible for remedial actions if remedy remains protective of public the NPL. conditions at a deleted site warrant such health and the environment. If new Site Location action. information becomes available which Because EPA considers this action to indicates a need for further action, EPA The Mid-America Tanning Co. site is be noncontroversial and routine, EPA is may initiate remedial actions. Whenever located in Woodbury County, Iowa, and taking it without prior publication of a there is a significant release from a site is a 98.7-acre site which lies near the notice of intent to delete. This action deleted from the NPL, the site shall be Missouri River in the Port Neal will be effective September 24, 2004 restored to the NPL without the Industrial District four miles south of unless EPA receives adverse comments application of the hazard ranking the town of Sergeant Bluff. by August 25, 2004 on this document. system. Site History If adverse comments are received within the 30-day public comment period on III. Deletion Procedures The Mid-America Tanning Co. facility was a leather tannery which operated this document, EPA will publish a The following procedures apply to from 1970 to 1989. In 1973, the plant timely withdrawal of this direct final deletion of the site. began using a chrome tanning process. deletion before the effective date of the (1) The EPA consulted with the State Process wastewater containing debris, deletion and the deletion will not take of Iowa on the deletion of the site from chromium, and other chemicals was effect. The EPA will, as appropriate, the NPL prior to developing this direct discharged to onsite surface prepare a response to comments and final notice of deletion. impoundments. Chromium continue with the deletion process on (2) The State of Iowa concurred with the basis of the notice of intent to delete contaminated sludge accumulated at the deletion of the site from the NPL. bottom of the surface impoundments and the comments already received. (3) Concurrently with the publication There will be no additional opportunity and was disposed of on site in trenches of this direct final notice of deletion, a and in surface soil. When the facility to comment. notice of the availability of the parallel Section II of this document explains ceased operations in 1989, there was an notice of intent to delete published estimated 5,000 gallons of chromium the criteria for deleting sites from the today in the ‘‘Proposed Rules’’ section NPL. Section III discusses procedures tanning solution on site along with 525 of the Federal Register is being gallons of sulfuric acid used in the that EPA is using for this action. Section published in a major local newspaper of IV discusses the Mid-America Tanning tanning process. general circulation at or near the site The site was proposed to the NPL in Superfund site and demonstrates how it and is being distributed to appropriate meets the deletion criteria. Section V June 1988 and became final in March Federal, State, and local government 1989 (54 FR 13296). The site posed a states EPA’s action to delete the site officials and other interested parties; the from the NPL unless adverse comments threat to the public health through newspaper notice announces the 30-day direct contact and through potential are received during the comment public comment period concerning the period. migration of chromium into the notice of intent to delete the site from surrounding groundwater that is the II. NPL Deletion Criteria the NPL. primary drinking water source for Section 300.425(e) of the NCP (4) The EPA placed copies of approximately 850 individuals who live provides that releases may be deleted documents supporting the deletion in in the surrounding three-mile radius of from the NPL where no further response the Deletion Docket at the site the site. This determination was made is appropriate. In making a information repositories identified based on evidence of repeated determination to delete a site from the above. discharges of chromium at the site and NPL, EPA shall consider, in (5) If adverse comments are received groundwater samples in exceedance of consultation with the State, whether any within the 30-day public comment drinking water standards. of the following criteria have been met: period on this document, EPA will publish a timely notice of withdrawal of Remedial Investigation and Feasibility i. Responsible parties or other persons Study (RI/FS) have implemented all appropriate this direct final notice of deletion before response actions required. its effective date and will prepare a In December 1989, the EPA issued an ii. All appropriate Fund-financed response to comments and continue administrative order to the owner and (Hazardous Substance Superfund with the deletion process on the basis of operator of the MAT facility, the U.S. Response Trust Fund) response under the notice of intent to delete and the Tanning Co. (UST), requiring UST to CERCLA has been implemented, and no comments already received. perform an investigation and removal further response action by responsible Deletion of a site from the NPL does action at the site to determine the nature parties is appropriate. not itself create, alter, or revoke any and extent of the contamination iii. The remedial investigation has individual’s rights or obligations. problem. Having previously filed shown that the release poses no Deletion of the site from the NPL does bankruptcy, the company failed to significant threat to public health or the not in any way alter EPA’s right to take comply with the order. Because of environment and, therefore, the taking enforcement actions, as appropriate. imminent health threats, EPA initiated a of remedial measures is not appropriate. The NPL is designed primarily for removal action in 1990. The EPA Even if a site is deleted from the NPL, informational purposes and to assist removal action was directed toward where hazardous substances, pollutants, EPA management. Section 300.425(e)(3) immediate site stabilization measures or contaminants remain at the deleted of the NCP states that the deletion of a and included excavation and site above levels that allow for site from the NPL does not preclude stockpiling of contaminated sludge from unlimited use and unrestricted eligibility for future response actions, the onsite burial trench, containment

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44469

and treatment of chromium tanning for 19 analytes. The assessment showed reduce in concentration as a result of solutions, containment and that the groundwater flow direction was the removal and remedial actions at the neutralization of sulfuric acids, and consistent with that previously site. The results of the 1997 sampling cursory decontamination of the determined and also found that upward confirmed that expectation and buildings. hydraulic gradients were present. These indicated that no contaminants are In conjunction with the removal upward gradients are important because present in the groundwater at levels of activities, EPA conducted an they prevent downward contaminant concern. investigation into the nature and extent migration and help limit migration at The ecological assessment in the 1991 of the contamination at the site. During the site. Metals detected in groundwater ROD concluded that only minimal EPA’s investigation of the site in 1991, samples including arsenic, barium, and impacts from site contaminants would 18 wells located in shallow, chromium, were well below Maximum be expected, and that a response action intermediate, and deep water-bearing Contaminant Levels (MCL); the highest based on human health risks would also zones were sampled. The data obtained chromium levels were less than 10 reduce this minimal threat to the from the wells indicated that the percent of the MCL. Lead, aluminum, environment. Based on the lack of any direction of groundwater flow at the site and arsenic were below Iowa Aquatic substantial concentrations of is west to southwest toward the Standards as well. A ROD was issued in contaminants in the groundwater and Missouri River. The results of analysis September 2000 following a public on the remedial actions planned at the of the groundwater samples indicated notice period and public meeting, site, EPA decided that a threat to the the presence of chromium, lead, arsenic, which determined that no further action surface environment does not exist. and barium in the groundwater. The was necessary for the groundwater at Therefore, further actions taken solely to extent of contaminated soil was the site. protect surface environmental receptors determined from borings. Wastes and were found to be unnecessary. liquids in the impoundments, treatment Characterization of Risk units, sludge disposal areas, and Oxbow A baseline risk assessment was Response Actions Lake were also sampled. prepared by the EPA for the site. A Following the initial removal action human health baseline risk assessment Record of Decision Findings performed by EPA in 1990, site was prepared and was described in conditions deteriorated due to In September 1991, EPA decided on a the1991 ROD. For groundwater, the risk vandalism and areas of the site were re- cleanup plan which was explained in a assessment assumed that residents contaminated. In 1994, EPA issued an ‘‘Record of Decision’’ (ROD). The would use the groundwater as a Administrative Order to Foxley Cattle cleanup plan included onsite drinking water source. The EPA Company, a Potentially Responsible stabilization of contaminated wastes believed that future uses of the site will Party (PRP), to perform a second followed by installation of a soil cap be industrial only; we, however, removal action to address re- and continued monitoring of the evaluated contaminant levels in the contamination concerns, address the groundwater. The ROD stated that the groundwater against drinking water hydrogen sulfide problem and provide groundwater at the site will be standards for residential consumption for site security. The removal action addressed as a separate operable unit as a conservative first step. performed by Foxley was completed in and recommended further monitoring of The primary contaminant of concern 1995 and consisted of decontaminating the groundwater. Subsequently, the EPA at the site was chromium. This chemical buildings, removal and disposal of determined that the sludge in the may pose adverse health effects at high drummed wastes, and securing the site surface impoundment was emitting concentrations or exposures, and is buildings and man-holes. hydrogen sulfide gas and that the considered to be a probable human The EPA implemented remedial implementation of the stabilization carcinogen in the hexavalent form if design efforts which included the component of the cleanup plan would inhaled. Hexavalent chromium has not following work: likely result in the release of this gas at been found in site groundwater. The concentrations which would pose a volatilization of chromium dissolved in —Excavation and relocation of onsite threat to public health and the groundwater should not occur during contaminated soil, sediment, and environment. In response to the new typical residential use. Trivalent sludge materials; data regarding the hydrogen sulfide chromium, the form found at the site, is —Coverage of those materials with emissions, the EPA modified the much less toxic. multi-media landfill cap structures; cleanup plan for the site in an amended To ensure protection of human health, —Treatment of free wastewaters located ROD dated July 1996. The modified the risk assessment assumed that no in several site impoundments; plan included dewatering the action was taken on the groundwater at —Installation of floating geosynthetic impoundment areas; treating and the site to remove the contamination, covers on existing site lagoons; discharging the impoundment waters; and the highest exposure reasonably —Decontamination by steam cleaning of excavating contaminated soils and expected to occur at the site was selected site facilities; combining them with the contaminated evaluated. Additionally, the EPA —Decontamination of selected impoundment sludge; capping the assumed that a future resident drills a buildings; impoundment soil/sludge; and new well within the area of the —Transfer of wastewaters from and to decontaminating various cement groundwater contamination and then selected surface impoundments and structures and a portion of one building. drinks and bathes with contaminated installation of chain link fencing. A further assessment of the groundwater. Even under residential This work was carried out and a final groundwater at the site was completed conditions, the highest concentration of inspection was conducted on May 19, in December 1997 in accordance with chromium in the groundwater would 2000. On August 1, 2000, a Remedial the sampling plan approved by EPA. not pose adverse health effects. Action (RA) Report was completed, Twenty-one monitoring wells were In its 1991 ROD, the EPA concluded demonstrating successful completion of sampled, obtaining water from both that the only other contaminant in the construction activities. The site will shallow and deep water-bearing zones at groundwater at levels of concern was remain suitable for industrial and the site. These samples were analyzed manganese, and that it would naturally commercial uses. Institutional controls

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44470 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

have been placed on the site through the Community Involvement Dated: June 21, 2004. State of Iowa’s Registry of Hazardous James B. Gulliford, Waste or Hazardous Substance Disposal Public participation activities have Regional Administrator, Region VII. Sites, which prevents changes in land been satisfied as required in CERCLA I For the reasons set out in this ownership or use without State section 113(k), 42 U.S.C. 9613(k), and document, 40 CFR part 300 is amended approval. In addition, a notice has been CERCLA section 117, 42 U.S.C. 9617. as follows: placed on the deed. Mailing lists were developed, fact sheets mailed out, and public notices placed in PART 300—[AMENDED] Cleanup Standards newspapers in July 1991, May 1996, and Soil cleanup standards were set in the July 2000 to support the proposed plans. I 1. The authority citation for part 300 ROD at 2000 milligrams per kilogram Public meetings were held on July 30, continues to read as follows: (mg/kg) total chromium. This standard 1991, and July 24, 2000; opportunity for Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. was met and exceeded in the site a hearing was provided in May 1996 but 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, excavation work. The site work was none was requested. In addition, a 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, considered to be completed when the public notice for the Five-Year Review 3 CFR, 1987 Comp., p.193. groundwater monitoring revealed no was placed in June 2003. Documents in Appendix B—[Amended] exceedance of MCLs, or State action the Deletion Docket which EPA relied levels, for CERCLA contaminants of on for recommendation of the deletion I 2. Table 1 of Appendix B to part 300 concern. All facets of the ROD and from the NPL are available to the public is amended by removing the site, ‘‘Mid- amended ROD have been met as well. in the information repositories. A public America Tanning Co., Sergeant Bluff, Because wastes remain at the site in two notice for this action will also be IA.’’ published in the Sergeant Bluff capped landfills and in the covered [FR Doc. 04–16726 Filed 7–23–04; 8:45 am] impoundments, some residual risks Advocate. BILLING CODE 6560–50–P remain at the site that require continued V. Deletion Action operation and maintenance activities, institutional controls, and five-year The EPA, with concurrence of the FEDERAL COMMUNICATIONS reviews. State of Iowa, has determined that all COMMISSION Operations and Maintenance appropriate responses under CERCLA have been completed, and that no 47 CFR Part 73 The State of Iowa has provided in the further response actions, under State Superfund Contract with EPA an [DA 04–1736; MB Docket No. 03–244, RM– CERCLA, are necessary. The State 10825] adequate assurance to assume concurrence letter dated May 11, 2004, responsibility for operation and states that IDNR concurs with the Radio Broadcasting Services; New maintenance activities, including proposed removal of the site from the Market, Alabama and Tullahoma, TN institutional controls. The state is NPL. It notes that such removal will not conducting operation and maintenance disqualify the site for Superfund funds AGENCY: Federal Communications activities pursuant to the Surveillance if additional remedial work is deemed Commission. and Maintenance Plan that was necessary in the future. The EPA agrees ACTION: Final rule. approved by EPA on September 12, with the State comment; therefore, EPA SUMMARY: The Audio Division, at the 2000. Operation and maintenance of the is deleting the site from the NPL. landfill caps, floating covers, and fences request of Tennessee Valley Radio, Inc., Because EPA considers this action to is required and will continue after site licensee of FM Station WHRP, be noncontroversial and routine, EPA is deletion, since waste was left in place Tullahoma, Tennessee, deletes as part of the final source control taking it without prior publication. This Tullahoma, Tennessee, Channel 227C1, remedy. The Plan, dated September action will be effective September 24, from the FM Table of Allotments, and 1998 and revised by technical 2004 unless EPA receives adverse allots Channel 227C2 at New Market, memorandum of June 19, 2000, lists the comments by August 25, 2004. If Tennessee, as the community’s first activities to be performed, including adverse comments are received within local FM service, and modifies the inspections every six months to ensure the 30-day public comment period, EPA license of FM Station WHRP to specify erosion control, floating cover will publish a timely withdrawal of this operation on Channel 227C2 at New maintenance, mowing, and fence direct final notice of deletion before the Market. Previously, the Audio Division maintenance. Institutional controls will effective date of the deletion and it will granted Station WHRP a license to also be maintained. No major problems not take effect and, EPA will prepare a specify operation on Channel 227C1 in have been encountered. response to comments and continue lieu of Channel 227C. See BLH– with the deletion process on the basis of 19890717KC Channel 227C2 can be Five-Year Review the notice of intent to delete and the allotted to New Market, Alabama, in A statutory Five-Year Review Report comments already received. There will compliance with the Commission’s was completed on July 11, 2003, be no additional opportunity to minimum distance separation pursuant to CERCLA 121 (c) and to comment. requirements with a site restriction of 5.2 km (3.2 miles) south of New Market. § 300.430(f)(4)(ii) of the NCP. The report List of Subjects in 40 CFR Part 300 concluded that the remedy is protective The coordinates for Channel 227C2 at of human health and the environment, Environmental protection, Air New Market, Alabama, are 34–51–48 all threats at the site have been pollution control, Chemicals, Hazardous North Latitude and 86–25–38 West addressed, and contaminants of concern waste, Hazardous substances, Longitude. in the groundwater have been shown to Intergovernmental relations, Penalties, DATES: Effective August 23, 2004. be below drinking water standards. Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: Another five-year review report is requirements, Superfund, Water Deborah Dupont, Media Bureau, (202) scheduled for 2008. pollution control, Water supply. 418–2180.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44471

SUPPLEMENTARY INFORMATION: This is a SUMMARY: This document contains I 2. Revise paragraphs (a)(2) and (a)(3) of synopsis of the Commission’s Report corrections to the final regulations § 80.385 to read as follows: and Order, MB Docket No. 03–244, which were published in the Federal adopted June 23, 2004, and released Register of Thursday, July 25, 2002 (67 § 80.385 Frequencies for automated systems. June 25, 2004. FR 48560). The regulations related to The full text of this Commission licensing of Automated Maritime * * * * * decision is available for inspection and Telecommunication System stations. (a) * * * (2) The following carrier frequencies copying during normal business hours DATES: Effective July 26, 2004. are available for assignment to public in the FCC Information Center, Portals FOR FURTHER INFORMATION CONTACT: coast stations for public correspondence II, 445 12th Street, SW., Room CY– Scot communications with ship stations and A257, Washington, DC 20554. The Stone, Public Safety and Critical units on land. AMTS operations must complete text of this decision also may Infrastructure Division at (202) 418– not cause harmful interference to the be purchased from the Commission’s 0680. U.S. Navy SPASUR system which duplicating contractor, Best Copy and SUPPLEMENTARY INFORMATION: operates in the band 216.880–217.080 Printing, Inc., 445 12th Street, SW., Background MHz. Room CY–B402, Washington, DC, 20554, (800) 378–3160, or via the The final regulations determined that Carrier frequency (MHz) company’s Web site, http:// unassigned Automated Maritime Channel www.bcpiweb.com. The Commission Telecommunications System spectrum No. Ship Coast trans- Group will send a copy of this Report and would be made available for licensing transmit 13 mit 2 Order in a report to be sent to Congress throughout the United States by ten 101 ...... 216.0125 D and the General Accounting Office Automated Maritime 102 ...... 216.0375 pursuant to the Congressional Review Telecommunications System Areas 103 ...... 216.0625 Act, see U.S.C. 801(a)(1)(A). (AMTSAs). Each AMTSA consists of 104 ...... 216.0875 one or more of the 174 Economic Areas 105 ...... 216.1125 List of Subjects in 47 CFR part 73 (EAs) or EA-like areas in International 106 ...... 216.1375 Radio, Radio broadcasting. Telecommunication Region 2—i.e., the 107 ...... 216.1625 108 ...... 216.1875 I Part 73 of title 47 of the Code of Federal 172 EAs specified by the Department of Commerce and the Commission-created 109 ...... 216.2125 Regulations is amended as follows: 110 ...... 216.2375 EA-like areas for Puerto Rico and the 111 ...... 216.2625 PART 73—RADIO BROADCAST United States Virgin Islands (EA 174) 112 ...... 216.2875 SERVICES and the Gulf of Mexico (EA 176). 113 ...... 216.3125 However, § 80.385(a)(3) of the 114 ...... 216.3375 I 1. The authority citation for Part 73 Commission’s Rules did not include a 115 ...... 216.3625 continues to read as follows: reference to the perimeter of EA 176. 116 ...... 216.3875 Authority: 47 U.S.C. 154, 303, 334 and 336. 117 ...... 216.4125 Need for Correction 118 ...... 216.4375 § 73.202 [Amended] As published, § 80.385(a)(3) does not 119 ...... 216.4625 120 ...... 216.4875 I 2. Section 73.202(b), the Table of FM refer to the perimeter of EA 176, which 121 ...... 216.5125 C Allotments under Alabama, is amended may prove to be misleading and needs 122 ...... 216.5375 by adding New Market, Channel 227C2. to be clarified. In addition, the second 123 ...... 216.5625 I 3. Section 73.202(b), the Table of FM column of the table in § 80.385(a)(2), as 124 ...... 216.5875 Allotments under Tennessee, is published in the Federal Register was 125 ...... 216.6125 amended by removing Tullahoma, misaligned, beginning with Channel 126 ...... 216.6375 149, and needs to be corrected. 127 ...... 216.6625 Channel 227C. 128 ...... 216.6875 Federal Communications Commission. List of Subjects in 47 CFR Part 80 129 ...... 216.7125 John A. Karousos, 130 ...... 216.7375 Communications equipment, Radio, 131 ...... 216.7625 Assistant Chief, Audio Division, Media Reporting and recordkeeping Bureau. 132 ...... 216.7875 requirements. 133 ...... 216.8125 [FR Doc. 04–16890 Filed 7–23–04; 8:45 am] Federal Communications Commission. 134 ...... 216.8375 BILLING CODE 6712–01–P 135 ...... 216.8625 William F. Caton, 136 ...... 216.8875 Deputy Secretary. 137 ...... 216.9125 FEDERAL COMMUNICATIONS I Accordingly, 47 CFR part 80 is 138 ...... 216.9375 COMMISSION 139 ...... 216.9625 corrected by making the following 140 ...... 216.9875 47 CFR Part 80 correcting amendments. 141 ...... 219.0125 217.0125 B 142 ...... 219.0375 217.0375 [PR Docket No. 92–257; RM–9664; DA 04– PART 80—MARITIME SERVICES 143 ...... 219.0625 217.0625 1608] I 144 ...... 219.0875 217.0875 1. The authority citation for part 80 145 ...... 219.1125 217.1125 Amendment of the Commission’s continues to read as follows: 146 ...... 219.1375 217.1375 Rules Concerning Maritime Authority: Secs. 4, 303, 307(e), 309, and 147 ...... 219.1625 217.1625 Communications 332, 48 Stat. 1066, 1082, as amended; 47 148 ...... 219.1875 217.1875 U.S.C. 154, 303, 307(e), 309, and 332, unless 149 ...... 219.2125 217.2125 AGENCY: Federal Communications otherwise noted. Interpret or apply 48 Stat. 150 ...... 219.2375 217.2375 Commission. 1064–1068, 1081–1105, as amended; 47 151 ...... 219.2625 217.2625 152 ...... 219.2875 217.2875 ACTION: Correcting amendments. U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 4726, 12 UST 2377. 153 ...... 219.3125 217.3125

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44472 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations

Carrier frequency (MHz) areas/. The Group A and B frequency 2004 total allowable catch (TAC) in this Channel pairs listed in the table in paragraph area has been reached. No. Ship Coast trans- Group (a)(2) of this section are available for DATES: Effective 1200 hrs, Alaska local transmit 13 mit 2 assignment to a single licensee in each time (A.l.t.), July 22, 2004, until 2400 154 ...... 219.3375 217.3375 of the AMTSAs listed in the table in this hrs, A.l.t., December 31, 2004. 155 ...... 219.3625 217.3625 paragraph. In addition to the listed EAs FOR FURTHER INFORMATION CONTACT: Josh 156 ...... 219.3875 217.3875 listed in the table in this paragraph, Keaton, 907–586–7228. 157 ...... 219.4125 217.4125 each AMTSA also includes the adjacent SUPPLEMENTARY INFORMATION: NMFS 158 ...... 219.4375 217.4375 waters under the jurisdiction of the manages the groundfish fishery in the 159 ...... 219.4625 217.4625 United States. 160 ...... 219.4875 217.4875 GOA exclusive economic zone 161 ...... 219.5125 217.5125 A according to the Fishery Management AREAS S 162 ...... 219.5375 217.5375 AMTS (AMTSA ) Plan for the Groundfish Fishery of the 163 ...... 219.5625 217.5625 Gulf of Alaska (FMP) prepared by the AMTSAs EAs 164 ...... 219.5875 217.5875 North Pacific Fishery Management 165 ...... 219.6125 217.6125 1 (Northern Atlantic) .. 1–5, 10 9, 11–23, 25, Council under authority of the 166 ...... 219.6375 217.6375 Magnuson-Stevens Fishery 167 ...... 219.6625 217.6625 42, 46 168 ...... 219.6875 217.6875 2 (Mid-Atlantic) ...... 24, 26–34, 37, 38, Conservation and Management Act. 169 ...... 219.7125 217.7125 40, 41, 174 Regulations governing fishing by U.S. 170 ...... 219.7375 217.7375 3 (Southern Atlantic) 35, 36, 39, 43–45, vessels in accordance with the FMP 171 ...... 219.7625 217.7625 47–53, 67–107, appear at subpart H of 50 CFR part 600 172 ...... 219.7875 217.7875 113, 116–120, and at 50 CFR part 679. 173 ...... 219.8125 217.8125 122– 125, 127, The 2004 TAC of ‘‘other rockfish’’ in 174 ...... 219.8375 217.8375 130–134, 176 6–8, 54–66, 108, 109 the Western Regulatory Area of the GOA 175 ...... 219.8625 217.8625 was established as 40 metric tons (mt) 176 ...... 219.8875 217.8875 4 (Mississippi River) .. 160–165 147, 166– 170 by the final 2004 harvest specifications 177 ...... 219.9125 217.9125 for groundfish in the GOA (69 FR 9261, 178 ...... 219.9375 217.9375 5 (Great Lakes) ...... 172 179 ...... 219.9625 217.9625 6 (Southern Pacific) ... 171 110–112, 114– February 27, 2004). 180 ...... 219.9875 217.9875 115, 121, 126, 128, In accordance with § 679.20(d)(2), the 129, 135–146, Administrator, Alaska Region, NMFS, 1 Ship transmit frequencies in Groups C and 148–159 has determined that the ‘‘other rockfish’’ D are not authorized for AMTS use. 7 (Northern Pacific) 2 Coast station operation on frequencies in TAC in the Western Regulatory Area of 8 (Hawaii) the GOA has been reached. Therefore, Groups C and D are not currently assignable 9 (Alaska) and are shared on a secondary basis with the 10 (Mountain) NMFS is requiring that further catches Low Power Radio Service in part 95 of this of ‘‘other rockfish’’ in the Western chapter. Frequencies in the band 216.750– 217.000 MHz band are available for low power * * * * * Regulatory Area of the GOA be treated as prohibited species in accordance point-to-point network control communications [FR Doc. 04–16892 Filed 7–23–04; 8:45 am] by AMTS coast stations under the Low Power with § 679.21(b). Radio Service (LPRS). LPRS operations are BILLING CODE 6712–01–P subject to the conditions that no harmful inter- Classification ference is caused to the United States Navy’s SPASUR radar system (216.88–217.08 MHz) This action responds to the best or to TV reception within the Grade B contour DEPARTMENT OF COMMERCE available information recently obtained of any TV channel 13 station or within the 68 from the fishery. The Assistant dBu predicted contour of any low power TV or National Oceanic and Atmospheric Administrator for Fisheries, NOAA, TV translator station operating on channel 13. Administration 3 Ship transmit frequencies in Groups A and (AA), finds good cause to waive the B are permitted to provide mobile-to-mobile requirement to provide prior notice and communications where the written consent of 50 CFR Part 679 opportunity for public comment all affected licensees is obtained. [Docket No. 031125292–4061–02; I.D. pursuant to the authority set forth at 5 (3) As listed in the table in this 072104A] U.S.C. 553(b)(B) as such a requirement paragraph, AMTS Areas (AMTSAs) are is impracticable and contrary to the based on, and composed of one or more Fisheries of the Exclusive Economic public interest. This requirement is of, the U.S Department of Commerce’s Zone Off Alaska; ‘‘Other Rockfish’’ in impracticable and contrary to the public 172 Economic Areas (EAs). See 60 FR the Western Regulatory Area of the interest as it would prevent NMFS from 13114 (March 10, 1995). In addition, the Gulf of Alaska responding to the most recent fisheries Commission shall treat Puerto Rico, the AGENCY: National Marine Fisheries data in a timely fashion and would United States Virgin Islands, and the Service (NMFS), National Oceanic and delay the prohibition of retention of Gulf of Mexico as EA-like areas. The Atmospheric Administration (NOAA), ‘‘other rockfish’’ in the Western Gulf of Mexico EA extends from 12 Commerce. Regulatory Area of the GOA. The AA also finds good cause to nautical miles off the United States Gulf ACTION: Prohibition of retention. coast outward into the Gulf. See waive the 30–day delay in the effective § 27.6(a)(2) of this chapter and 62 FR SUMMARY: NMFS is prohibiting retention date of this action under 5 U.S.C. 9636. Maps of the EAs and AMTSAs are of ‘‘other rockfish’’ in the Western 553(d)(3). This finding is based upon available for public inspection and Regulatory Area of the Gulf of Alaska the reasons provided above for waiver of copying at the Federal Communications (GOA). NMFS is requiring that catch of prior notice and opportunity for public Commission, Reference Center, 445 12th ‘‘other rockfish’’ in this area be treated comment. Street, SW., Room CY A257, in the same manner as prohibited This action is required by § 679.20 Washington, DC 20554. These maps and species and discarded at sea with a and is exempt from review under data are also available on the FCC Web minimum of injury. This action is Executive Order 12866. site at www.fcc.gov/oet/info/maps/ necessary because the ‘‘other rockfish’’ Authority: 16 U.S.C. 1801 et seq.

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Rules and Regulations 44473

Dated: July 21, 2004. SUPPLEMENTARY INFORMATION: NMFS Classification Alan D. Risenhoover, manages the groundfish fishery in the Acting Director, Office of Sustainable GOA exclusive economic zone This action responds to the best Fisheries, National Marine Fisheries Service. according to the Fishery Management available information recently obtained [FR Doc. 04–16950 Filed 7–21–04; 3:07 pm] Plan for Groundfish of the Gulf of from the fishery. The Assistant BILLING CODE 3510–22–S Alaska (FMP) prepared by the North Administrator for Fisheries, NOAA, Pacific Fishery Management Council (AA), finds good cause to waive the under authority of the Magnuson- requirement to provide prior notice and DEPARTMENT OF COMMERCE Stevens Fishery Conservation and opportunity for public comment Management Act. Regulations governing pursuant to the authority set forth at 5 National Oceanic and Atmospheric fishing by U.S. vessels in accordance U.S.C. 553(b)(B) as such a requirement Administration with the FMP appear at subpart H of 50 is impracticable and contrary to the CFR part 600 and at 50 CFR part 679. public interest. This requirement is 50 CFR Part 679 impracticable and contrary to the public The 2004 TAC specified for pelagic [Docket No. 031125292–4061–02; I.D. interest as it would prevent NMFS from shelf rockfish in the West Yakutat 072004C] responding to the most recent fisheries District of the GOA is 210 metric tons data in a timely fashion and would Fisheries of the Exclusive Economic (mt) as established by the 2004 harvest delay the closure of the directed fishery Zone Off Alaska; Pelagic Shelf specifications for groundfish of the GOA for pelagic shelf rockfish in the West Rockfish in the West Yakutat District of (69 FR 9261, February 27, 2004). Yakutat District of the GOA. the Gulf of Alaska In accordance with § 679.20(d)(1)(i), The AA also finds good cause to AGENCY: National Marine Fisheries the Administrator, Alaska Region, waive the 30–day delay in the effective Service (NMFS), National Oceanic and NMFS (Regional Administrator), has date of this action under 5 U.S.C. Atmospheric Administration (NOAA), determined that the 2004 TAC for 553(d)(3). This finding is based upon Commerce. pelagic shelf rockfish in the West the reasons provided above for waiver of ACTION: Closure. Yakutat District will soon be reached. prior notice and opportunity for public Therefore, the Regional Administrator is comment. SUMMARY: NMFS is prohibiting directed establishing a directed fishing fishing for pelagic shelf rockfish in the allowance of 200 mt, and is setting aside This action is required by § 679.20 West Yakutat District of the Gulf of the remaining 10 mt as bycatch to and is exempt from review under Alaska (GOA). This action is necessary support other anticipated groundfish Executive Order 12866. to prevent exceeding the 2004 total fisheries. In accordance with Authority: 16 U.S.C. 1801 et seq. allowable catch (TAC) of pelagic shelf § 679.20(d)(1)(iii), the Regional Dated: July 20, 2004. rockfish in this area. Administrator finds that this directed DATES: Effective 1200 hrs, Alaska local fishing allowance has been reached. Alan D. Risenhoover time (A.l.t.), July 21, 2004, through 2400 Consequently, NMFS is prohibiting Acting Director, Office of Sustainable hrs, A.l.t., December 31, 2004. directed fishing for pelagic shelf Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Josh rockfish in the West Yakutat District of [FR Doc. 04–16952 Filed 7–21–04; 3:07 pm] Keaton, 907–586–2778. the GOA. BILLING CODE 3510–22–S

VerDate jul<14>2003 14:32 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 44474

Proposed Rules Federal Register Vol. 69, No. 142

Monday, July 26, 2004

This section of the FEDERAL REGISTER • Hand Delivery: Room PL–401 on information you provide. We will also contains notices to the public of the proposed the plaza level of the Nassif Building, post a report summarizing each issuance of rules and regulations. The 400 Seventh Street, SW., Washington, substantive verbal contact with FAA purpose of these notices is to give interested DC, between 9 a.m. and 5 p.m., Monday personnel concerning this proposed AD. persons an opportunity to participate in the through Friday, except Federal holidays. rule making prior to the adoption of the final Using the search function of our docket rules. For service information identified in Web site, anyone can find and read the this proposed AD, contact British comments in any of our dockets, Aerospace Regional Aircraft American including the name of the individual DEPARTMENT OF TRANSPORTATION Support, 13850 Mclearen Road, who sent the comment (or signed the Herndon, Virginia 20171. comment on behalf of an association, Federal Aviation Administration You can examine the contents of this business, labor union, etc.). You can AD docket on the Internet at http:// review the DOT’s complete Privacy Act 14 CFR Part 39 dms.dot.gov, or at the Docket Statement in the Federal Register Management Facility, U.S. Department published on April 11, 2000 (65 FR [Docket No. FAA–2004–18678; Directorate of Transportation, 400 Seventh Street, 19477–78), or you may visit http:// Identifier 2001–NM–312–AD] SW., room PL–401, on the plaza level of dms.dot.gov. the Nassif Building, Washington, DC. RIN 2120–AA64 We are reviewing the writing style we FOR FURTHER INFORMATION CONTACT: currently use in regulatory documents. Airworthiness Directives; All BAE Todd Thompson, Aerospace Engineer; We are interested in your comments on Systems (Operations) Limited Model International Branch, ANM–116, FAA, whether the style of this document is BAe 146 and Avro 146–RJ Series Transport Airplane Directorate, 1601 clear, and your suggestions to improve Airplanes Lind Avenue, SW., Renton, Washington the clarity of our communications that 98055–4056; telephone (425) 227–1175; AGENCY: affect you. You can get more Federal Aviation fax (425) 227–1149. Administration (FAA), DOT. information about plain language at SUPPLEMENTARY INFORMATION: http://www.faa.gov/language and http:// ACTION: Notice of proposed rulemaking www.plainlanguage.gov. (NPRM). Docket Management System (DMS) The FAA has implemented new Examining the Docket SUMMARY: The FAA proposes to adopt a procedures for maintaining AD dockets new airworthiness directive (AD) for all You can examine the AD docket in electronically. As of May 17, 2004, new BAE Systems (Operations) Limited person at the Docket Management AD actions are posted on DMS and Model BAe 146 and Avro 146–RJ series Facility office between 9 a.m. and 5 assigned a docket number. We track airplanes. This proposed AD would p.m., Monday through Friday, except each action and assign a corresponding require repetitive detailed inspections of Federal holidays. The Docket directorate identifier. The DMS AD the rear fuselage upper skin to detect Management Facility office (telephone docket number is in the form ‘‘Docket cracking due to fatigue, and repair if (800) 647–5227) is located on the plaza No. FAA–2004–99999.’’ The Transport necessary. This proposed AD is level of the Nassif Building at the DOT Airplane Directorate identifier is in the prompted by evidence of cracking due street address stated in the ADDRESSES form ‘‘Directorate Identifier 2004–NM– to fatigue along the edges of certain 999–AD.’’ Each DMS AD docket also section. Comments will be available in chemi-etched pockets in the rear lists the directorate identifier (‘‘Old the AD docket shortly after the DMS fuselage upper skin. We are proposing Docket Number’’) as a cross-reference receives them. this AD to prevent a possible sudden for searching purposes. loss of cabin pressure and consequent Discussion injury to passengers and flightcrew. Comments Invited The Civil Aviation Authority (CAA), DATES: We must receive comments on We invite you to submit any written which is the airworthiness authority for this proposed AD by August 25, 2004. relevant data, views, or arguments the United Kingdom, notified us that an ADDRESSES: Use one of the following regarding this proposed AD. Send your unsafe condition may exist on all BAE addresses to submit comments on this comments to an address listed under Systems (Operations) Limited Model proposed AD. ADDRESSES. Include ‘‘Docket No. FAA– BAe 146 and Avro 146–RJ series • DOT Docket Web site: Go to 2004–18678; Directorate Identifier airplanes. The CAA advises that http://dms.dot.gov and follow the 2001–NM–312–AD’’ at the beginning of operators have reported evidence of instructions for sending your comments your comments. We specifically invite cracking due to fatigue along the edges electronically. comments on the overall regulatory, of the chemi-etched pockets in the rear • Government-wide rulemaking Web economic, environmental, and energy fuselage upper skin adjacent to the lap site: Go to http://www.regulations.gov aspects of the proposed AD. We will joint at stringer 2 between frames 34 and and follow the instructions for sending consider all comments submitted by the 35, and adjacent to the lap joint at your comments electronically. closing date and may amend the stringer 10 between frames 38 and 37. • Mail: Docket Management Facility, proposed AD in light of those This condition, if not corrected, could U.S. Department of Transportation, 400 comments. result in joining of those cracks and lead Seventh Street, SW., Nassif Building, We will post all comments we to possible sudden loss of cabin room PL–401, Washington, DC 20590. receive, without change, to http:// pressure with consequent injury to • By fax: (202) 493–2251. dms.dot.gov, including any personal passengers and flightcrew.

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules 44475

Relevant Service Information be acceptable for compliance with this Comments Due Date BAE Systems (Operations) Limited proposed AD. (a) The Federal Aviation Administration has issued Inspection Service Bulletin must receive comments on this AD action by Cost Impact August 25, 2004. ISB.53–164, dated July 10, 2001. The ISB describes procedures for repetitive This proposed AD would affect about Affected ADs detailed inspections to detect cracking 55 airplanes of U.S. registry. The (b) None. proposed actions would take about 4 of certain upper skin panels of the rear Applicability fuselage, and repair if necessary. work hours per airplane, at an average Accomplishing the actions specified in labor rate of $65 per work hour. Based (c) This AD applies to all BAE Systems (Operations) Limited Model BAe 146 and the service information is intended to on these figures, the estimated cost of the proposed AD for U.S. operators is Avro 146–RJ series airplanes, certificated in adequately address the unsafe any category. condition. The CAA approved the $14,300, or $260 per airplane, per service information. inspection cycle. Unsafe Condition Regulatory Findings (d) This AD was prompted by evidence of FAA’s Determination and Requirements cracking due to fatigue along the edges of of the Proposed AD We have determined that this certain chemi-etched pockets in the rear These airplane models are proposed AD would not have federalism fuselage upper skin. We are issuing this AD to prevent a possible sudden loss of cabin manufactured in the United Kingdom implications under Executive Order 13132. This proposed AD would not pressure and consequent injury to passengers and are type certificated for operation in and flightcrew. the United States under the provisions have a substantial direct effect on the of section 21.29 of the Federal Aviation States, on the relationship between the Compliance Regulations (14 CFR 21.29) and the national Government and the States, or (e) You are responsible for having the applicable bilateral airworthiness on the distribution of power and actions required by this AD performed within agreement. Pursuant to this bilateral responsibilities among the various the compliance times specified, unless the actions have already been done. airworthiness agreement, the CAA has levels of government. kept the FAA informed of the situation For the reasons discussed above, I Inspection and Repair described above. We have examined the certify that the proposed regulation: (f) Within the applicable compliance times CAA’s findings, evaluated all pertinent 1. Is not a ‘‘significant regulatory specified in paragraph (f)(1) or (f)(2) of this information, and determined that AD action’’ under Executive Order 12866; AD, perform a detailed inspection of the rear action is necessary for products of this 2. Is not a ‘‘significant rule’’ under the fuselage upper skin to detect cracking, in type design that are certificated for DOT Regulatory Policies and Procedures accordance with the Accomplishment Instructions of BAE Systems (Operations) operation in the United States. (44 FR 11034, February 26, 1979); and Limited Inspection Service Bulletin ISB.53– Therefore, we are proposing this AD, 3. Will not have a significant 164, dated July 10, 2001. which would require repetitive detailed economic impact, positive or negative, inspections of the rear fuselage upper Note 1: For the purposes of this AD, a on a substantial number of small entities detailed inspection is: ‘‘An intensive visual skin to detect cracking due to fatigue, under the criteria of the Regulatory examination of a specific structural area, and related corrective actions if Flexibility Act. system, installation, or assembly to detect necessary. The proposed AD would We prepared a regulatory evaluation damage, failure, or irregularity. Available require you to use the service of the estimated costs to comply with lighting is normally supplemented with a information described previously to this proposed AD. See the ADDRESSES direct source of good lighting at intensity perform these actions, except as section for a location to examine the deemed appropriate by the inspector. Inspection aids such as mirror, magnifying discussed under ‘‘Differences Between regulatory evaluation. the Proposed AD and Referenced lenses, etc., may be used. Surface cleaning List of Subjects in 14 CFR Part 39 and elaborate access procedures may be Service Bulletin.’’ required.’’ Air transportation, Aircraft, Aviation Difference Between Proposed Rule and (1) For Model Avro 146–RJ series airplanes: Referenced Service Bulletin safety, Safety. Inspect before the accumulation of 10,000 The Proposed Amendment total landings, or within 2,000 landings after Operators should note that, although the effective date of this AD, whichever is the referenced service bulletin describes Accordingly, under the authority later. procedures for submitting Appendix 1 delegated to me by the Administrator, (i) For areas where no crack is found, of the service bulletin with inspection the FAA proposes to amend 14 CFR part repeat the inspection at intervals not to results to the manufacturer, this 39 as follows: exceed 4,000 landings. proposed AD would not require that (ii) For areas where any crack is found, action. We do not need this information PART 39—AIRWORTHINESS before further flight, perform repairs in from operators. DIRECTIVES accordance with a method approved by the The service bulletin specifies that you Manager, International Branch, ANM–116, 1. The authority citation for part 39 Transport Airplane Directorate, FAA; or the may contact the manufacturer for Civil Aviation Authority (CAA) (or its instructions on how to repair certain continues to read as follows: delegated agent). No further inspection of any conditions, but this proposed AD would Authority: 49 U.S.C. 106(g), 40113, 44701. repaired area is required by this AD. require you to repair those conditions (2) For Model BAe 146 series airplanes: using a method that we or the CAA (or § 39.13 [Amended] Inspect before the accumulation of 16,000 its delegated agent) approve. In light of 2. The FAA amends § 39.13 by adding total landings, or within 4,000 landings after the type of repair that would be required the following new airworthiness the effective date of this AD, whichever is to address the unsafe condition, and directive (AD): later. (i) For areas where no crack is found, consistent with existing bilateral BAE Systems (Operations) Limited repeat the inspection at intervals not to airworthiness agreements, we have (Formerly British Aerospace Regional exceed 8,000 landings. determined that, for this proposed AD, Aircraft): Docket No. FAA–2004–18678; (ii) For areas where any crack is found, a repair we or the CAA approve would Directorate Identifier 2001–NM–312–AD. before further flight, perform repairs in

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 44476 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules

accordance with a method approved by the Dated: July 21, 2004. Revenue Building, 1111 Constitution Manager, International Branch, ANM–116; or Theresa Rosier, Avenue, NW., Washington, DC. the CAA (or its delegated agent). No further Counselor to the Assistant Secretary—Indian FOR FURTHER INFORMATION CONTACT: inspection of any repaired area is required by Affairs. Concerning the proposed regulations, this AD. [FR Doc. 04–17071 Filed 7–23–04; 8:45 am] Juli Ro Kim, (202) 622–3090; concerning No Reporting Requirement BILLING CODE 4310–6W–P submissions of comments, the hearing, (g) Although the referenced service bulletin and/or to be placed on the building specifies to submit Appendix 1 of the service access list to attend the hearing, Guy bulletin with certain information to the DEPARTMENT OF THE TREASURY Traynor, (202) 622–7180 (not toll-free manufacturer, this AD does not require that numbers). action. Internal Revenue Service Alternative Methods of Compliance SUPPLEMENTARY INFORMATION: (AMOCs) 26 CFR Part 25 Background (h) The Manager, ANM–116, FAA, has the [REG–163679–02] authority to approve AMOCs for this AD, if Section 2702 provides special rules RIN 1545–BB72 requested in accordance with the procedures for valuing gifts in trust when the donor found in 14 CFR 39.19. Qualified Interests or an applicable family member retains Related Information an interest in the trust. If the retained AGENCY: Internal Revenue Service (IRS), (i) None. interest is not a qualified interest, the Treasury. retained interest is valued at zero, and Issued in Renton, Washington, on July 19, ACTION: Notice of proposed rulemaking the amount of the gift is the entire value 2004. and notice of public hearing. of the transferred property. If the Kalene C. Yanamura, retained interest is a qualified interest, SUMMARY: Acting Manager, Transport Airplane These proposed regulations the retained interest is valued under amend the regulations under the gift tax Directorate, Aircraft Certification Service. section 7520 using prescribed actuarial special valuation rules to provide that a [FR Doc. 04–16917 Filed 7–23–04; 8:45 am] tables and interest rates, and the amount unitrust amount or annuity payable for BILLING CODE 4910–13–P of the gift is the value of the transferred a specified term of years to the grantor, property reduced by the value of the or to the grantor’s estate if the grantor dies prior to the expiration of the term, retained interest. Under section 2702(b), a qualified interest is: (1) An interest DEPARTMENT OF THE INTERIOR is a qualified interest for the specified term. The proposed regulations also that consists of a right to receive fixed amounts payable not less frequently Bureau of Indian Affairs clarify that the exception treating a spouse’s revocable successor interest as than annually (a qualified annuity interest); (2) an interest that consists of 25 CFR Parts 30, 37, 39, 42, 44, and 47 a retained qualified interest applies only if the spouse’s annuity or unitrust a right to receive amounts that are payable at least annually and are a fixed RIN 1076–AE49 interest, standing alone, would constitute a qualified interest that meets percentage of the net fair market value of the trust assets determined annually Implementation of the No Child Left the requirements of § 25.2702–3(d)(3), (a qualified unitrust interest); and (3) a Behind Act of 2001 but for the grantor’s revocation power. This document also provides a notice of right to receive a noncontingent remainder interest if all other interests AGENCY: Bureau of Indian Affairs, a public hearing on these proposed Interior. regulations. in the trust are qualified annuity or unitrust interests (a qualified remainder DATES: Written and electronic comments ACTION: Proposed rule; reopening of interest). Under § 25.2702–3(d)(3) of the must be received by October 21, 2004. comment period; correction. Gift Tax Regulations, the qualified Outlines of topics to be discussed at the annuity or unitrust interest must be public hearing scheduled for October SUMMARY: This document corrects the payable, ‘‘for the life of the term holder, 28, 2004, must be received by October heading of a document that reopened for a specified term of years, or for the 7, 2004. the comment period for a proposed rule shorter (but not longer) of those published in the Federal Register of ADDRESSES: Send submissions to: periods.’’ Under § 25.2702–2(a)(5) the Wednesday, July 21, 2004, at 69 FR CC:PA:LPD:PR (REG–163679–02), room retention of a power to revoke a 43547. This document corrects the title 5203, Internal Revenue Service, P.O. qualified annuity interest (or unitrust to read as set forth above. Box 7604, Ben Franklin Station, interest) of the transferor’s spouse is Washington, DC 20044. Submissions treated as the retention of a qualified FOR FURTHER INFORMATION CONTACT: may be hand delivered Monday through annuity interest (or unitrust interest). Catherine Freels, Designated Federal Friday between the hours of 8 a.m. and Official, P.O. Box 1430, Albuquerque, 4 p.m. to: CC:PA:LPD:PR (REG–163679– These qualified interest requirements NM 87103–1430; phone: (505) 248– 02), Courier’s Desk, Internal Revenue were the subject of litigation in two 7240; e-mail: [email protected]. Service, 1111 Constitution Avenue, cases (described more fully below) Correction NW., Washington, DC. Alternatively, before the United States Tax Court and, taxpayers may submit electronic on appeal in one case, the Ninth Circuit The document published Wednesday comments directly to the IRS Internet Court of Appeals. These proposed July 21, 2004, was incorrectly titled, site at http://www.irs.gov/regs or via the regulations are being issued to clarify ‘‘Home-living Programs and School Federal eRulemaking Portal at http:// the existing regulations with respect to Closure and Consolidation.’’ The title is www.regulations.gov (indicate IRS and the issues raised in the cases and to corrected to read ‘‘Implementation of REG–163679–02). The public hearing revise an example in the regulations that the No Child Left Behind Act of 2001’’. will be held in the auditorium, Internal the Tax Court held to be invalid.

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules 44477

Walton v. Commissioner expiration of 10 years, the income of the be payable ‘‘for the life of the term In Walton v. Commissioner, 115 T.C. trust is payable to A’s spouse for 10 holder, for a specified term of years, or 589 (2000), the Tax Court considered a years, if living. Upon expiration of the for the shorter (but not longer) of those situation similar to that presented in spouse’s interest, the trust terminates periods.’’ The Tax Court, following its Example 5 of § 25.2702–3(e). In this and the trust corpus is payable to A’s opinion in Cook, distinguished the example, A transfers property to an child. A retains the right to revoke the Schott GRAT from § 25.2702–2(d)(1), irrevocable trust, retaining the right to spouse’s interest. Because A has made a Example 7, because, in the Court’s view, completed gift of the remainder interest, receive a unitrust amount for 10 years. in Example 7, the spouse or the estate the transfer of property to the trust is If A dies within the 10-year term, the of the spouse would receive the annuity not incomplete as to all interests in the unitrust amount is to be paid to A’s regardless of whether the spouse was property and section 2702 applies. A’s estate for the balance of the term. The living at the end of the grantor’s initial power to revoke the spouse’s term example concludes that A’s interest is a 10-year term. Thus, the court viewed the interest is treated as a retained interest qualified unitrust interest to the extent spouse’s interest in Example 7 as a for purposes of section 2702. The of the right to receive the unitrust noncontingent interest for a fixed term example concludes that, because neither amount for 10 years or until A’s prior of years. In contrast, the Schott spousal one of the interests retained by A (that death. The example also concludes, interest would pass to the spouse only is, A’s income interest and the spouse’s however, that the unitrust amount if the grantor died within the term of the revocable income interest) is a qualified trust and the spouse was living when payable to A’s estate if A dies within the interest, the amount of the gift is the fair term of the trust is not a qualified the grantor died. market value of the property transferred However, on appeal, the Ninth Circuit interest. to the trust. In Example 6 of § 25.2702–3(e), the concluded that the Schott spousal In Example 7 of § 25.2702–2(d)(1), the interest was a qualified interest. The facts are the same as in Example 5, facts are the same as in Example 6, except that, if A dies within the 10-year Ninth Circuit distinguished Cook except that both the term interest because the revocable spousal interest term, the unitrust amount will be paid retained by A and the interest to A’s estate for an additional 35 years. in Cook was also contingent upon the transferred to A’s spouse (subject to A’s grantor and the spouse being married to The example concludes that the result is right of revocation) are qualified annuity the same as in Example 5; that is, A’s each other at the grantor’s death, which or unitrust interests. The example could not be accounted for by an interest is a qualified unitrust interest to concludes that the amount of the gift is the extent of the right to receive the annuity table. Further, the Ninth Circuit the fair market value of the property rejected the Commissioner’s contention unitrust amount for 10 years or until A’s transferred to the trust reduced by the prior death. that a spousal interest contingent on the value of both A’s qualified interest and death of the grantor lacks the fixed term In Walton, the grantor established a the qualified interest transferred to A’s grantor retained annuity trust (GRAT), required by the regulations. Rather, the spouse (subject to A’s power to revoke). court stated that every annuity given to pursuant to which the grantor was to In Schott v. Commissioner, T.C.M. receive an annuity for a term of 2 years. a person, if living, is contingent on that 2001–110, rev’d and remanded 319 F. person’s survival. The court also stated If the grantor died before the expiration 3d 1203 (9th Cir. 2003), the GRAT at of the 2-year term, the annuity was to that the present value of the spouse’s issue provided for fixed annuity interest (even if dependent on the be paid to the grantor’s estate for the payments to the grantor for a 15-year balance of the term. Upon expiration of grantor’s death prior to expiration of the term, or until the grantor’s prior death. specified term) can be ascertained using the 2-year term, the trust corpus was to If the grantor died prior to the end of the the actuarial tables. be distributed to a designated remainder 15-year term and the grantor’s spouse beneficiary. After considering the survived the grantor, then the annuity Explanation of Provisions legislative history and purpose of was to be paid to the spouse for the Walton v. Commissioner section 2702, the court held that balance of the 15-year term. The grantor Example 5 is an unreasonable retained the right to revoke the spouse’s In Notice 2003–72 (2003–44 I.R.B. interpretation and invalid extension of interest. The Tax Court, relying on its 964) (released October 15, 2003), the IRS section 2702. The court concluded that earlier opinion in Cook v. announced that it will follow the a retained annuity payable for a Commissioner, 115 T.C. 15 (2000), aff’d Walton decision. Consistent with Notice specified term of years to the grantor, or 269 F. 3d 854 (7th Cir. 2001), concluded 2003–72, the proposed regulations to the grantor’s estate if the grantor dies that the successor spousal interest was revise Example 5 and Example 6 of prior to expiration of the term, is a not a qualified interest, and thus, that § 25.2702–3(e) to conform to the Walton qualified interest under section 2702 for the successor spousal interest must be decision. Under the examples as the specified term of years. valued at zero. The court noted that the revised, a unitrust amount payable for a term of the revocable spousal interest specified term of years to the grantor, or Schott v. Commissioner was contingent upon the death of the to the grantor’s estate if the grantor dies As noted above, § 25.2702–2(a)(5) grantor and thus was not fixed and prior to the expiration of the term, is a provides that the retention of a power to ascertainable under the governing qualified interest for the specified term. revoke a qualified annuity interest (or instrument as required by § 25.2702– Thus, in Example 5, the interest of A unitrust interest) of the transferor’s 3(d)(3). Further, because the revocable (and A’s estate) to receive the unitrust spouse is treated as the retention by the spousal interest was deemed to be an amount for a specified term of 10 years transferor of a qualified annuity interest interest retained by the grantor, the in all events is a qualified interest. (or unitrust interest). Section 25.2702– possibility existed that the retained Similarly, in Example 6, the unitrust 2(d)(1), Examples 6 and 7 illustrate the annuity interest could extend beyond interest, to the extent payable to either application of this rule. the life of the term holder (the grantor) A or A’s estate for a 10-year period in In Example 6 of § 25.2702–2(d)(1), A but for less than the specified 15-year all events, is a qualified interest for a 10- transfers property to an irrevocable term, which is not consistent with the year term. However, in Example 6, the trust, retaining the right to receive the requirement in § 25.2702–3(d)(3) that interest of A’s estate to receive the income for 10 years. Upon the the qualified annuity or unitrust interest unitrust amount after the 10-year period

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 44478 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules

for the remaining balance of the qualified annuity or unitrust interest of of the unexpired portion of the trust’s additional 35-year term if A dies within the transferor’s spouse is a qualified term when the grantor dies. the 10-year period, is a contingent interest. The annuity or unitrust interest The proposed regulations clarify that interest that is not fixed or ascertainable payable to the transferor’s spouse must the revocable spousal interest exception at the creation of the interest and, be a qualified interest to meet this applies only if the spouse’s interest, therefore, is not a qualified interest. exception. Thus, the regulatory standing alone, would constitute a The result in Example 6, in which exception focuses on the spouse’s qualified interest that meets the only a discrete portion of the grantor’s annuity or unitrust interest and applies requirements of § 25.2702–3(d)(3), but retained 35-year unitrust interest only if that interest is a qualified for the grantor’s revocation power. (specifically, that portion payable in all interest as described in § 25.2702–3(d). Special Analyses events for a 10-year term) is a qualified The references to ‘‘term holder’’ in interest, does not change the result in § 25.2702–3(d)(3) or ‘‘holder of the It has been determined that this notice Example 1 of § 25.2702–3(e). In qualified * * * interest’’ in § 25.2702– of proposed rulemaking is not a Example 1, A retains the right to receive 3(b) and (c) refer to the person to whom significant regulatory action as defined in Executive Order 12866. Therefore, a an annuity for a 10-year term, or until the annuity or unitrust interest is regulatory assessment is not required. It A’s prior death. If A dies prior to the payable during the fixed term. In the also has been determined that section expiration of the 10-year term, the entire case of a revocable successor interest 553(b) of the Administrative Procedure trust corpus reverts to A’s estate. The held by the transferor’s spouse, although Act (5 U.S.C. chapter 5) does not apply example concludes that the estate’s the spouse’s interest (if qualified) is to these proposed regulations, and contingent reversion is valued at zero, valued as a retained qualified interest of because these proposed regulations do notwithstanding that, economically, this the transferor and may thus be deducted not impose a collection of information reversion of the entire trust corpus from the total value of the assets on small entities, the Regulatory includes the equivalent value of the transferred in computing the taxable gift Flexibility Act (5 U.S.C. chapter 6) does annuity that would be payable for the under section 2702, the spouse is the not apply. Therefore, a Regulatory balance of the 10-year term. The Tax holder during the period when an Flexibility Analysis is not required. Court in Walton addressed Example 1, interest is payable to the spouse. Thus, Pursuant to section 7805(f) of the noting that, in the case of a reversion, each qualified interest must meet the Internal Revenue Code, the proposed even though the equivalent of the term fixed duration requirements of regulations will be submitted to the annuity’s value would be payable to the § 25.2702–3(d)(3), and each holder’s Small Business Administration for grantor or the grantor’s estate in all separate interest must be valued as a comment on their impact on small events, Congress was entitled to require single life annuity or unitrust interest. that interests be cast in one of three business. In addition to the requirement that a specified forms to receive the favorable qualified interest be for a fixed term, Comments and Public Hearing treatment afforded qualified interests. payment of the interest cannot be The Court stated ‘‘* * * the Before these proposed regulations are Commissioner is equally justified in contingent on any event other than the adopted as final regulations, assigning a zero value to reversionary survival of the term holder (subject to consideration will be given to any interests outside the scope of the the transferor’s retained right of written (a signed original and eight (8) statutory definition and refusing to revocation). A revocable spousal interest copies) or electronic comments that are consider whether such interests can is contingent, and therefore not a submitted timely (in the manner have the practical effect of a different qualified interest, if the spouse will not described in ADDRESSES of this form of interest not chosen by the receive any payments if the transferor preamble) to the IRS. The IRS and the grantor. See § 25.2702–3(e), Example survives the fixed term during which Treasury Department request comments (1), Gift Tax Regs.’’ Walton, 115 T.C. at the transferor is the holder. on the clarity of the proposed 602. Thus, in Example 1, the reversion, Section 25.2702–2(d)(1), Example 7, regulations and how they may be made even though including the equivalent illustrates the revocable spousal interest easier to understand. All comments will value of an annuity payable for the exception. In Example 7, beginning at be available for public inspection and balance of the 10-year term, is not in a the expiration of a 10-year term, the copying. qualified form prescribed by the statute spouse’s annuity is payable to the A public hearing has been scheduled and is, therefore, not a qualified interest spouse for 10 years or until the spouse’s for October 28, 2004, at 10 a.m. in the to any extent. On the other hand, in prior death. Thus, the spouse’s annuity auditorium, Internal Revenue Building, Example 6 of § 25.2702–3(e), the in the example meets the requirements 1111 Constitution Avenue, NW., retained interest is in the form of a of § 25.2702–3(d)(3), that the term of the Washington, DC. In addition, all visitors unitrust interest and, therefore, is a annuity must be for either the life of the must present photo identification to qualified interest to the extent payable holder (the spouse), for a specified term enter the building. Because of access to A or A’s estate for a 10-year period of years, or for the shorter but not the restrictions, visitors will not be in all events. longer of these two periods and, admitted beyond the immediate assuming the spouse survives until the entrance area more than 30 minutes Schott v. Commissioner commencement of his or her interest, before the hearing starts. For The proposed regulations also clarify the spouse will receive that interest in information about having your name when a revocable spousal interest is a all events (subject to the transferor’s placed on the building access list to qualified interest. retained right of revocation). In contrast, attend the hearing, see the FOR FURTHER Sections 2702(a)(3)(A)(i) and (B) in Schott, the spouse’s annuity does not INFORMATION CONTACT section of this confirm that the valuation rules of meet the requirements of § 25.2702– preamble. section 2702 do not apply to a gift that 3(d)(3) because the spousal annuity is The rules of 26 CFR 601.601(a)(3) is incomplete. Section 25.2702–2(a)(5) payable, if at all, only if the grantor dies apply to the hearing. Persons who wish provides a regulatory exception to this prior to the termination of the term of to present oral comments at the hearing statutory rule by providing that the the trust and, if payable at all, is payable must submit comments by October 21, retention of a power to revoke a for a period that depends on the length 2004, and submit an outline of the

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules 44479

topics to be discussed and the time to (d) * * * 7. In paragraph (e), new Example 8 be devoted to each topic (signed original (2) Contingencies. and new Example 9 are added. and eight (8) copies) by October 7, 2004. * * * * * The revisions and additions read as A period of 10 minutes will be (6) Use of debt obligations to satisfy follows: allotted to each person for making the annuity or unitrust payment § 25.2702–3 Qualified interests. comments. An agenda showing the obligation. scheduling of the speakers will be * * * * * * * * * * (d) * * * prepared after the deadline for receiving Par. 3. Section 25.2702–2 is amended outlines has passed. Copies of the (2) Contingencies. A holder’s qualified as follows: interest must be payable in any event to agenda will be available free of charge 1. Paragraphs (a)(5) through (a)(9) are or for the benefit of the holder for the at the hearing. redesignated as paragraphs (a)(6) fixed term of that interest. Thus, Drafting Information through (a)(10), respectively. 2. A new paragraph (a)(5) is added. payment of the interest cannot be The principal author of these 3. In redesignated paragraph (a)(6), subject to any contingency other than proposed regulations is Juli Ro Kim, the second sentence is removed and two either the survival of the holder until Office of the Associate Chief Counsel sentences are added in its place. the commencement, or throughout the (Passthroughs and Special Industries), 4. In paragraph (d)(1), Example 6 and term, of that holder’s interest, or, in the IRS. Other personnel from the IRS and Example 7 are removed. case of a revocable interest described in the Treasury Department participated in 5. In paragraph (d)(2), introducing § 25.2702–2(a)(6), the transferor’s right their development. If you have any text, the phrase ‘‘Examples 8–10’’ is to revoke the qualified interest of that questions concerning these proposed revised to read ‘‘Examples 6 through 8’’. transferor’s spouse. regulations, please contact Ms. Kim at 6. In paragraph (d)(2), Examples 8, 9 * * * * * (202) 622–3090. and 10 are redesignated Examples 6, 7 (4) Term of the annuity or unitrust and 8, respectively. interest. The governing instrument must List of Subjects in 26 CFR Part 25 The additions read as follows: fix the term of the annuity or unitrust Gift taxes, Reporting and and the term of the interest must be recordkeeping requirements. § 25.2702–2 Definitions and valuation fixed and ascertainable at the creation of rules. the trust. The term must be for the life Proposed Amendments to the (a) * * * of the holder, for a specified term of Regulations (5) Holder. The holder is the person years, or for the shorter (but not the Accordingly, 26 CFR part 25 is to whom the annuity or unitrust interest longer) of those periods. * * * proposed to be amended as follows: is payable during the fixed term of that (5) Commutation. The governing interest. References to holder shall also instrument must prohibit commutation PART 25—Gift Tax; GIFTS MADE include the estate of that person. (prepayment) of the interest of the AFTER DECEMBER 31, 1954 (6) * * * If a transferor retains a holder. power to revoke a qualified annuity Paragraph 1. The authority citation interest or qualified unitrust interest of * * * * * (e) * * * for part 25 continues to read, in part, as the transferor’s spouse, then the follows: revocable qualified annuity or unitrust Example 5. * * * The interest of A (and Authority: 25 U.S.C. 7805 * * * interest of the transferor’s spouse is A’s estate) to receive the unitrust amount for the specified term of 10 years in all events Par. 2. In § 25.2702–0, the table is treated as a retained qualified interest of the transferor. In order for the transferor is a qualified unitrust interest for a term of amended as follows: 10 years. 1. The entries for § 25.2702–2(a)(5) to be treated as having retained a Example 6. * * * As in Example 5, the through § 25.2702–2(a)(9) are qualified interest under the preceding interest of A (and A’s estate) to receive the redesignated as § 25.2702–2(a)(6) sentence, the interest of the transferor’s unitrust amount for a specified term of 10 through § 25.2702–2(a)(10), respectively. spouse (the successor holder) must be years in all events is a qualified unitrust 2. A new entry for § 25.2702–2(a)(5) is an interest that meets the requirements interest for a term of 10 years. However, the right of A’s estate to continue to receive the added. of a qualified annuity interest in accordance with § 25.2702–3(b) and (d), unitrust amount after the expiration of the 3. The entries for § 25.2702–3(d)(2) 10-year term if A dies within that 10-year through § 25.2702–3(d)(4) are or a qualified unitrust interest in accordance with § 25.2702–3(c) and (d), period is not fixed and ascertainable at the redesignated as § 25.2702–3(d)(3) creation of the interest and is not a qualified through § 25.2702–3(d)(5), respectively. but for the transferor’s retained power to unitrust interest. revoke the interest. 4. A new entry for § 25.2702–3(d)(2) is * * * * * added. * * * * * Example 8. A transfers property to an 5. An entry for § 25.2702–3(d)(6) is Par. 4. Section 25.2702–3 is amended irrevocable trust, retaining the right to added. as follows: receive an annuity equal to 6 percent of the The additions read as follows: 1. Paragraphs (d)(2) through (d)(5) are initial net fair market value of the trust redesignated as paragraphs (d)(3) property for 10 years, or until A’s prior death. § 25.2702–0 Table of contents. through (d)(6), respectively. At the expiration of the 10-year term, or on * * * * * 2. A new paragraph (d)(2) is added. A’s death prior to the expiration of the 10- 3. In redesignated paragraph (d)(4), year term, the annuity is to be paid to B, A’s § 25.2702–2 Definitions and valuation the first two sentences are revised. spouse, if then living, for 10 years or until rules. 4. Redesignated paragraph (d)(5) is B’s prior death. A retains the right to revoke (a) * * * B’s interest. Upon expiration of B’s interest revised. (or if A revokes B’s interest, or if B (5) Holder. 5. In paragraph (e), Example 5, the last predeceases A, then on the expiration of A’s * * * * * sentence is revised. interest), the trust terminates and the trust 6. In paragraph (e), Example 6, the last corpus is payable to A’s child. Because A has § 25.2702–3 Qualified interests. sentence is removed and two new made a completed gift of the remainder * * * * * sentences are added in its place. interest, the transfer of property to the trust

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 44480 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules

is not incomplete as to all interests in the transferred to the trust reduced by the value hearings will follow the HVCM property and section 2702 applies. A’s of A’s qualified interest (A’s right to receive hearings, and will begin in the annuity interest (A’s right to receive the the stated annuity for 10 years or until A’s afternoon. The announcement of the annuity for 10 years, or until A’s prior death) prior death). B’s interest is not a qualified HVCM hearings was published in a is a retained interest that is a qualified interest and is thus valued at zero under annuity interest under paragraphs (b) and (d) section 2702. separate Federal Register notice on of this section. In addition, because A has Friday, July 16, 2004 (69 FR 42812). retained the power to revoke B’s interest, B’s * * * * * DATES: All comments on the proposed interest is treated as an interest retained by Par. 5. Section 25.2702–7 is amended rule, including post-hearing comments, A for purposes of section 2702. B’s to add two new sentences at the end of must be received by October 14, 2004, successive annuity interest otherwise that section. The addition reads as the close of the comment period. satisfies the requirements for a qualified follows: interest contained in paragraph (d) of this The public hearing dates and locations are listed in the Public section, but for A’s power to revoke. The § 25.2702–7 Effective dates. term of B’s interest is specified in the Hearings section under SUPPLEMENTARY governing instrument and is fixed and * * * Section 25.2702–2(a)(5), the INFORMATION. Individuals or ascertainable at the creation of the trust, and second and third sentences of organizations wishing to make oral B’s right to receive the annuity is contingent § 25.2702–2(a)(6), § 25.2702–3(d)(2), the presentations for the record should only on B’s survival, and A’s power to first two sentences of § 25.2702–3(d)(4), submit a request at least 5 days prior to revoke. Following the expiration of A’s the last sentence of § 25.2702–3(e), interest, the annuity is to be paid for a 10- the hearing dates. However, commenters Example 5, the last two sentences of do not need to submit a request in year term or for B’s (the successor holder’s) § 25.2702–3(e), Example 6, and life, whichever is shorter. Accordingly, A is advance in order to speak at the hearing. § 25.2702–3(e), Examples 8 and 9, are treated as retaining B’s revocable qualified ADDRESSES: You may submit comments, annuity interest pursuant to § 25.2702– effective for trusts created on or after by any of the following methods: 2(a)(6). Because both A’s interest and B’s July 26, 2004. However, the Internal • Federal eRulemaking Portal: http:// interest are treated as qualified interests Revenue Service will not challenge any www.regulations.gov. Follow the retained by A, the value of the gift is the prior application of the changes to instructions for submitting comments. value of the property transferred to the trust Examples 5 and 6 in § 25.2702–3(e). • less the value of both A’s qualified interest E-mail: [email protected]. and B’s qualified interest (subject to A’s Mark E. Matthews, Include RIN 1219–AA98 in the subject power to revoke), each valued as a single-life line of the message. Deputy Commissioner for Services and • annuity. Further, if A revokes B’s interest Enforcement. Fax: (202) 693–9441. prior to the commencement of that interest, • [FR Doc. 04–16593 Filed 7–23–04; 8:45 am] Mail/Hand Delivery/Courier: A is treated as making a completed gift at that MSHA, Office of Standards, time to A’s child. The amount of the gift BILLING CODE 4830–01–P Regulations, and Variances, 1100 would be the present value of B’s interest Wilson Blvd., Room 2313, Arlington, determined under section 7520 and the Virginia 22209–3939. applicable regulations, as of the date the DEPARTMENT OF LABOR interest is revoked. See § 25.2511–2(b) and Instructions: All submissions must (f). Mine Safety and Health Administration reference MSHA and RIN 1219–AA98, Example 9. (i) A transfers property to an (the Regulatory Information Number for irrevocable trust, retaining the right to 30 CFR Part 75 this rulemaking). receive 6 percent of the initial net fair market Docket: To access comments received, value of the trust property for 10 years, or RIN 1219–AA98 go to http://www.MSHA.gov or MSHA, until A’s prior death. If A survives the 10- Office of Standards, Regulations, and year term, the trust terminates and the trust Low- and Medium-Voltage Diesel- Variances, 1100 Wilson Blvd., Room corpus is payable to A’s child. If A dies prior Powered Electrical Generators to the expiration of the 10-year term, the 2350, Arlington, Virginia. All comments received will be posted without change annuity is payable to B, A’s spouse, if then AGENCY: Mine Safety and Health living, for the balance of the 10-year term, or Administration (MSHA), Labor. to http://www.msha.gov, including any until B’s prior death. A retains the right to personal information provided. ACTION: Proposed rule; notice of public revoke B’s interest. Upon expiration of B’s FOR FURTHER INFORMATION CONTACT: hearings; close of comment period. interest (or upon A’s death if A revokes B’s Marvin W. Nichols, Jr., Director, Office interest), the trust terminates and the trust of Standards, Regulations, and corpus is payable to A’s child. As is the case SUMMARY: We are announcing that we in Example 8, A’s retained annuity interest will hold four public hearings on the Variances, MSHA, 1100 Wilson (A’s right to receive the annuity for 10 years, proposed rule to amend the existing Boulevard, Room 2350, Arlington, or until A’s prior death) is a qualified annuity standards concerning protection of low- Virginia 22209–3939. Mr. Nichols can interest under paragraphs (b) and (d) of this and medium-voltage three-phase be reached at [email protected] section. However, B’s interest does not meet circuits used underground to allow the (Internet E-mail), (202) 693–9440 the requirements of paragraph (d) of this use of low- and medium-voltage diesel- (voice), or (202) 693–9441 (facsimile). section. The term of B’s annuity is not fixed powered electrical generators as an This notice is available on the Internet and ascertainable at the creation of the trust, at http://www.msha.gov/ because it is not payable for the life of B, a alternative means of powering electrical specified term of years, or for the shorter of equipment. The rule would eliminate REGSINFO.HTM. those periods. Rather, B’s annuity is payable the need for mine operators to file SUPPLEMENTARY INFORMATION: for an unspecified period that will depend petitions for modification to use these upon the number of years left in the original generators to power electrical I. Background Information term after A’s death. Further, B’s annuity is equipment while maintaining the On June 25, 2004, (69 FR 35992) we payable only if A dies prior to the expiration existing level of protection for miners. published a proposed rule in the of the 10-year term. Thus, payment of B’s The hearings will be held on the same Federal Register that would amend the annuity is not dependent solely on B’s survival, but rather is dependent on A’s days, in the same locations, as the existing standards concerning failure to survive. MSHA public hearings for the High protection of low- and medium-voltage (ii) Accordingly, the amount of the gift is Voltage Continuous Mining Equipment three-phase circuits used underground the fair market value of the property Standards (HVCM) proposed rule. These to allow the use of low- and medium-

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules 44481

voltage diesel-powered electrical modification to use these generators to HVCM standards. The hearings generators as an alternative means of power electrical equipment while addressing HVCM will begin at 9 a.m. powering electrical equipment. The maintaining the existing level of local time each day; the hearings generators are portable and are used to protection for miners. addressing this proposed rule, Low- and power electrical equipment when Since publication of the proposed Medium-Voltage Diesel Powered moving the equipment in, out, and rule, we have received a request for a Electrical Generators, will be held on around the mine and when performing hearing on the rule. the same days, beginning at 1 p.m. and work in areas where permissible II. Public Hearings will end after the last speaker testifies. equipment is not required. The rule We will hold four public hearings on The hearings will be held on the would eliminate the need for mine the same days, in the same locations, as following dates at the locations operators to file petitions for the MSHA public hearings for the indicated:

Date Location Telephone

September 21, 2004 ...... Sheraton Birmingham, 2101 Richard Arrington Jr. Blvd. North, Birmingham, Ala- (205) 324–5000 bama 35203. September 23, 2004 ...... Sheraton Suites Lexington, 2601 Richmond Road, Lexington, Kentucky 40509 ... (859) 268–0060 September 28, 2004 ...... Little America Hotel, 500 S Main Street, Salt Lake City, Utah 84101 ...... (801) 363–6781 September 30, 2004 ...... Hyatt Regency Pittsburgh International Airport, 1111 Airport Road, Pittsburgh, (724) 899-1234 Pennsylvania 15231.

The hearings will begin with an Dated: July 21, 2004. withdraw the relevant portions of the opening statement from MSHA, Dave D. Lauriski, immediate final rule, and they will not followed by an opportunity for members Assistant Secretary for Mine Safety and take effect. We will then respond to of the public to make oral presentations. Health. public comments in a later final rule You do not have to make a written [FR Doc. 04–16903 Filed 7–23–04; 8:45 am] based on this proposal. You may not request to speak; however, speakers who BILLING CODE 4510–43–P have another opportunity for comment. make a request in advance will speak If you want to comment on this action, first. Any unalloted time will be made you must do so at this time. available for commenters making same- ENVIRONMENTAL PROTECTION DATES: Send your written comments by day requests for oral presentations. AGENCY August 25, 2004. These commenters will speak in the ADDRESSES: Submit your comments, order they sign in. At the discretion of 40 CFR Part 271 identified by FRL–7791–4 by one of the following methods: the presiding official, the time allocated [FRL–7791–4] to speakers for their presentation may be 1. Federal eRulemaking Portal: limited. Speakers and attendees may Maryland: Final Authorization of State http://www.regulations.gov. Follow the also present information to the MSHA Hazardous Waste Management on-line instructions for submitting panel for inclusion in the rulemaking Program Revision comments. record. 2. E-mail: AGENCY: Environmental Protection [email protected]. The hearings will be conducted in an Agency (EPA). 3. Mail: Carol Johnson, Mailcode informal manner. The hearing panel ACTION: Proposed rule. 3WC21, RCRA State Programs Branch, may ask questions of speakers. Although U.S. EPA Region III, 1650 Arch Street, formal rules of evidence or cross SUMMARY: Maryland has applied to EPA Philadelphia, PA 19103–2029. examination will not apply, the for final authorization of the changes to 4. Hand Delivery: At the previously- presiding official may exercise its hazardous waste program under the listed EPA Region III address. Such discretion to ensure the orderly progress Resource Conservation and Recovery deliveries are only accepted during of the hearing and may exclude Act (RCRA). EPA proposes to grant final normal hours of operation, and special irrelevant or unduly repetitious material authorization to Maryland. In the ‘‘Rules arrangements should be made for and questions. and Regulations’’ section of this Federal deliveries of boxed information. Register, EPA is authorizing the changes You may inspect and copy Maryland’s A verbatim transcript of the by an immediate final rule. EPA did not application from 8:30 a.m. to 4:30 p.m., proceedings will be included in the make a proposal prior to the immediate Monday through Friday at the following rulemaking record. Copies of this final rule because we believe this action addresses: Maryland Department of the transcript will be available to the public, is not controversial and do not expect Environment, Waste Management and can be viewed at http:// comments that oppose it. We have Administration, Hazardous Waste www.msha.gov. explained the reasons for this Program, 1800 Washington Blvd., Suite We will accept post-hearing written authorization in the preamble to the 645, Baltimore, Maryland 21230–1719, comments and other appropriate data immediate final rule. Unless we receive Phone number: (410) 537–3345, attn: Ed for the record from any interested party, written comments which oppose this Hammerberg, and the EPA Region III, including those not presenting oral authorization during the comment Library, 2nd Floor, 1650 Arch Street, statements, prior to the close of the period, the immediate final rule will Philadelphia, PA 19103–2029, Phone October 14, 2004 post-hearing comment become effective on the date it number: (215) 814–5254. period. establishes, and we will not take further Instructions: Direct your comments to action on this proposal. However, if we FRL–7791–4. EPA’s policy is that all receive comments that oppose this comments received will be included in action, or portions thereof, we will the public docket without change,

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 44482 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules

including any personal information site (site) from the National Priorities Final Notice of Deletion which is provided, unless the comment includes List (NPL). located in the Rules section of this information claimed to be Confidential Federal Register. Business Information (CBI) or other SUMMARY: The EPA Region VII is issuing Information Repositories: Information information whose disclosure is a notice of intent to delete the Mid- concerning this deletion decision can be restricted by statute. Do not submit America Tanning Co. Superfund site found in the Deletion Docket at the information that you consider to be CBI (site) located near Sergeant Bluff, Iowa, information repositories at the following or otherwise protected through from the NPL and requests public locations: U.S. EPA Region VII, regulations.gov or e-mail. The federal comments on this notice of intent. The Superfund Division Records Center, 901 regulations.gov Web site is an NPL, promulgated pursuant to section North 5th Street, Kansas City, KS 66101 ‘‘anonymous access’’ system, which 105 of the Comprehensive and at the IDNR, Henry A. Wallace means EPA will not know your identity Environmental Response, Building, 900 East Grand, Des Moines, or contact information unless you Compensation, and Liability Act IA 50319. (CERCLA) of 1980, as amended, is found provide it in the body of your comment. List of Subjects in 40 CFR Part 300 If you send an e-mail comment directly at Appendix B of 40 CFR part 300 of the to EPA without going through National Oil and Hazardous Substances Environmental protection, Air regulations.gov, your e-mail address Pollution Contingency Plan (NCP). The pollution control, Chemicals, Hazardous will be automatically captured and EPA and the state of Iowa through the waste, Hazardous substances, included as part of the comment that is Iowa Department of Natural Resources Intergovernmental relations, Penalties, placed in the public docket and made (IDNR) have determined that all Reporting and recordkeeping available on the Internet. If you submit appropriate response actions under requirements, Superfund, Water an electronic comment, EPA CERCLA have been completed. pollution control, Water supply. recommends that you include your However, this deletion does not Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. name and other contact information in preclude future actions under 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, the body of your comment and with any Superfund. 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; disk or CD–ROM you submit. If EPA In the ‘‘Rules and Regulations’’ 3 CFR, 1987 Comp., p. 193. section of today’s Federal Register, we cannot read your comment due to Dated: June 21, 2004. are publishing a direct final notice of technical difficulties and cannot contact James B. Gulliford, you for clarification, EPA may not be deletion of the Mid-America Tanning Co. Superfund site without prior notice Regional Administrator, Region VII. able to consider your comment. [FR Doc. 04–16727 Filed 7–23–04; 8:45 am] Electronic files should avoid the use of of intent to delete because we view this BILLING CODE 6560–50–P special characters, any form of as a noncontroversial revision and encryption, and be free of any defects or anticipate no adverse comment. We viruses. have explained our reasons for this deletion in the preamble to the direct FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: final deletion. If we receive no adverse COMMISSION Carol Johnson, Mailcode 3WC21, RCRA comment(s) on the direct final notice of State Programs Branch, U.S. EPA Region deletion, we will not take further action 47 CFR Part 73 III, 1650 Arch Street, Philadelphia, PA on this notice of intent to delete. If we [DA 04–2060, MB Docket No. 04–250, RM– 19103–2029, Phone number: (215) 814– receive adverse comment(s), we will 11006] 3378. withdraw the direct final notice of SUPPLEMENTARY INFORMATION: For deletion and it will not take effect. We Digital Television Broadcast Service; additional information, please see the will, as appropriate, address all public Medical Lake, WA immediate final rule published in the comments in a subsequent final deletion AGENCY: Federal Communications ‘‘Rules and Regulations’’ section of this notice based on this notice of intent to Commission. delete. We will not institute a second Federal Register. ACTION: Proposed rule. Dated: July 12, 2004. comment period on this action. Any parties interested in commenting must Donald S. Welsh, SUMMARY: The Commission requests do so at this time. For additional comments on a petition filed by Thomas Regional Administrator, Region III. information, see the direct final notice Desmond proposing the allotment of [FR Doc. 04–16943 Filed 7–23–04; 8:45 am] of deletion which is located in the Rules DTV channel 51 to Medical Lake, BILLING CODE 6560–50–P section of this Federal Register. Washington, as the community’s first DATES: Comments concerning this site local commercial television service. must be received by August 25, 2004. ENVIRONMENTAL PROTECTION DTV Channel 51 can be allotted to AGENCY ADDRESSES: Written comments should Medical Lake, Washington, at reference be addressed to Bob Stewart, Remedial coordinates 47–34–12 N. and 117–41–32 40 CFR Part 300 Project Manager, Superfund Division, W. Since the community of Medical U.S. Environmental Protection Agency, Lake is located within 400 kilometers of the U.S.-Canadian border, concurrence [FRL–7790–4] Region VII, 901 North 5th Street, Kansas City, KS 66101. from the Canadian government must be National Oil and Hazardous Substance FOR FURTHER INFORMATION CONTACT: Bob obtained for this allotment. Pollution Contingency Plan; National Stewart, Remedial Project Manager, U.S. DATES: Comments must be filed on or Priorities List EPA Region VII, Superfund Division, before September 9, 2004, and reply Missouri/Kansas Branch, 901 North 5th comments on or before September 24, AGENCY: Environmental Protection Street, Kansas City, KS 66101, fax (913) 2004. Agency (EPA). 551–9654, or 1–800–223–0425. ADDRESSES: The Commission permits ACTION: Notice of intent to delete the SUPPLEMENTARY INFORMATION: For the electronic filing of all pleadings and Mid-America Tanning Co. Superfund additional information, see the Direct comments in proceeding involving

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Proposed Rules 44483

petitions for rule making (except in petitioner, or its counsel or consultant, Commission proceedings, such as this broadcast allotment proceedings). See as follows: Thomas S. Desmond, 3216 one, which involve channel allotments. Electronic Filing of Documents in Rule Verbena Drive, Plano, Texas 75075 See 47 CFR 1.1204(b) for rules Making Proceedings, GC Docket No. 97– (Petitioner). governing permissible ex parte contacts. 113 (rel. April 6, 1998). Filings by paper FOR FURTHER INFORMATION CONTACT: Pam For information regarding proper can be sent by hand or messenger Blumenthal, Media Bureau, (202) 418– filing procedures for comments, see 47 delivery, by commercial overnight 1600. CFR 1.415 and 1.420. courier, or by first-class or overnight SUPPLEMENTARY INFORMATION: This is a U.S. Postal Service mail. The List of Subjects in 47 CFR Part 73 synopsis of the Commission’s Notice of Commission’s contractor, Natek, Inc., Proposed Rule Making, MB Docket No. Digital television broadcasting, will receive hand-delivered or 04–250, adopted July 8, 2004, and Television. messenger-delivered paper filings for released July 19, 2004. The full text of For the reasons discussed in the the Commission’s Secretary at 236 this document is available for public Massachusetts Avenue, NE., Suite 110, preamble, the Federal Communications inspection and copying during regular Commission proposes to amend 47 CFR Washington, DC 20002. The filing hours business hours in the FCC Reference part 73 as follows: at this location are 8 a.m. to 7 p.m. All Information Center, Portals II, 445 12th hand deliveries must be held together Street, SW., Room CY–A257, PART 73—RADIO BROADCAST with rubber bands or fasteners. Any Washington, DC, 20554. This document SERVICES envelopes must be disposed of before may also be purchased from the entering the building. Commercial Commission’s duplicating contractor, 1. The authority citation for part 73 overnight mail (other than U.S. Postal Best Copy and Printing, Inc., 445 12th continues to read as follows: Service Express Mail and Priority Mail) Street, SW., Room CY–B402, Authority: 47 U.S.C. 154, 303, 334 and 336. must be sent to 9300 East Hampton Washington, DC, 20554, telephone 301– Drive, Capitol Heights, MD 20743. U.S. 816–2820, facsimile 301–816–0169, or § 73.622 [Amended] Postal Service first-class mail, Express via-e-mail [email protected]. 2. Section 73.622(b), the Table of Mail, and Priority Mail should be Provisions of the Regulatory Digital Television Allotments under addressed to 445 12th Street, SW., Flexibility Act of 1980 do not apply to Washington is amended by adding Washington, DC 20554. All filings must this proceeding. Medical Lake, DTV channel 51. be addressed to the Commission’s Members of the public should note Secretary, Office of the Secretary, that from the time a Notice of Proposed Federal Communications Commission. Federal Communications Commission, Rule Making is issued until the matter Barbara A. Kreisman, Washington, DC 20554. In addition to is no longer subject to Commission Chief, Video Division, Media Bureau. filing comments with the FCC, consideration or court review, all ex [FR Doc. 04–16891 Filed 7–23–04; 8:45 am] interested parties should serve the parte contacts are prohibited in BILLING CODE 6712–01–P

VerDate jul<14>2003 11:43 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 44484

Notices Federal Register Vol. 69, No. 142

Monday, July 26, 2004

This section of the FEDERAL REGISTER the collection of information unless it Summary of Collection: The National contains documents other than rules or displays a currently valid OMB control Agricultural Statistics Service (NASS) proposed rules that are applicable to the number. primary function is to prepare and issue public. Notices of hearings and investigations, official State and national estimates of National Agricultural Statistics Service committee meetings, agency decisions and crop and livestock production, rulings, delegations of authority, filing of Title: Aquaculture Survey. petitions and applications and agency disposition and prices. The information statements of organization and functions are OMB Control Number: 0535–0150. collection is used to assist the Natural examples of documents appearing in this Summary of Collection: The primary Resources Conservation Service in section. function of the National Agricultural assessing environmental benefits Statistics Service is to estimate associated with implementation of production and stocks of agricultural various conservation programs and DEPARTMENT OF AGRICULTURE food, fiber, and specialty commodities. installation of associated conservation Congress has mandated the collection of practices. The authority for these data Submission for OMB Review; basic data for aquaculture and provides collection activities is granted under Comment Request funding for these surveys. Public Law U.S. Code Title 7, Section 2204. Need and Use of the Information: The July 20, 2004. 96–362 was passed to increase the overall effectiveness and productivity of findings will be used to report progress The Department of Agriculture has annually on Farm Bill implementation submitted the following information federal aquaculture programs by improving coordination and and the cost effectiveness of the collection requirement(s) to OMB for Environmental Quality Incentives review and clearance under the communication among Federal agencies involved in those programs. Program and the Conservation Reserve Paperwork Reduction Act of 1995, Program. If this collection is not Public Law 104–13. Comments Aquaculture is an alternative method to produce a high protein, low fat product conducted annually, the impact of the regarding (a) whether the collection of conservation programs over time cannot information is necessary for the proper demanded by the consumer. be measured. performance of the functions of the Aquaculture surveys provide information on trout and catfish Description of Respondents: Farms. agency, including whether the Number of Respondents; 12,400. information will have practical utility; inventory, acreage and sales as well as catfish processed. Frequency of Responses: Reporting: (b) the accuracy of the agency’s estimate Annually. Need and Use of the Information: The of burden including the validity of the Total Burden Hours: 10,253. methodology and assumptions used; (c) survey results is useful in analyzing ways to enhance the quality, utility and changing trends in the number of Rural Utility Service clarity of the information to be commercial operations and production Title: Assistance to High cost Energy collected; (d) ways to minimize the levels by State. The information Rural communities. burden of the collection of information collected is used to demonstrate the OMB Control Number: 0572–0136. on those who are to respond, including growing importance of aquaculture to Summary of Collection: The Rural through the use of appropriate officials of Federal and State Electrification Act of 1936 (RE Act) (7 automated, electronic, mechanical, or government agencies who manage and U.S.C. 901 et seq.) was amended in other technological collection direct policy over programs in November 2000 to create new grant and techniques or other forms of information agriculture and natural resources. The loan authority to assist rural technology should be addressed to: Desk type of information collected and communities with extremely high Officer for Agriculture, Office of reported provides extension educators energy costs (Pub. L. 106–472). This Information and Regulatory Affairs, and research scientists with data that amendment gives authorization to Rural Office of Management and Budget indicates important areas that require Utilities Service (RUS) to provide (OMB), Pamela_Beverly_ special education and/or research competitive grants for energy [email protected] or efforts, such as causes for losses of fish generation, transmission, or distribution fax (202) 395–5806 and to Departmental and pond inventories of fish of various facilities serving communities in which Clearance Office,, USDA, OCIO, Mail sizes. The data gathered from the the national average is at least 275% for Stop 7602, Washington, DC 20250– various reports provide information to residential expenditure for home 7602. Comments regarding these establish contract levels for fishing energy. All applicants are required to information collections are best assured programs and to evaluate prospective submit a project proposal containing the of having their full effect if received loans to growers and processors. elements in the prescribed format. within 30 days of this notification. Description of Respondents: Farms; Need and Use of the Information: Copies of the submission(s) may be Business or other for-profit. USDA will collect information from obtained by calling (202) 720–8681. Number of Respondents: 2,346. applicants to confirm that the eligibility An agency may not conduct or Frequency of Responses: Reporting: requirements and the proposals are sponsor a collection of information Monthly; Semi-annually; Annually. consistent with the purposes set forth in unless the collection of information Total Burden Hours: 840. the statute. Various forms and progress displays a currently valid OMB control reports are used to monitor compliance number and the agency informs National Agricultural Statistics Service with grant agreements, track potential persons who are to respond to Title: Conservation Effects expenditures of Federal funds and the collection of information that such Assessment Survey. measure the success of the program. persons are not required to respond to OMB Control Number: 0535–0245. Without collecting the listed

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44485

information, USDA will not be assured financial benefits for which they did not the marketing, distribution, and that the projects and communities qualify under RHS loan regulations. utilization of their respective served meet the statutory requirements Description of Respondents: commodities. The Agricultural for eligibility or that the proposed Individuals or households; Business or Marketing Service (AMS) has the projects will deliver the intended other for-profit; Not-for-profit responsibility to appoint board members benefits. institutions; Farms; State, Local or and approve the boards’ budgets, plans, Description of Respondents: Business Tribal Government. and projects. AMS objective in carrying or other for-profit; Not-for-profit Number of Respondents: 450. out this responsibility is to assure the institutions; State, Local or Tribal Frequency of Responses: Reporting: following: (1) Funds are collected and Government. On occasion. properly accounted for; (2) expenditures Number of Respondents: 45. Total Burden Hours: 800. of all funds are for the purposes Frequency of Responses: Agricultural Marketing Service authorized by enabling legislation; and Recordkeeping: Reporting: On occasion. (3) the board’s administration of the Title: USDA Food and Commodity Total Burden Hours: 898. programs conforms to USDA policy. Connection Web site. Need and Use of the Information: The Rural Housing Service OMB Control Number: 0581–NEW. boards administer the various programs Summary of Collection: The USDA Title: 7 CFR 1951–N, Servicing Cases utilizing variety of forms to carry out Food and Commodity Connection Web Where Unauthorized Loan or Other their responsibilities. Only authorized site is being developed to assist the Financial assistance was received— employees of the various boards and institutional food service community Multiple Family Housing. USDA employees will use the across the United States. The Web site OMB Control Number: 0575–0104. information collected. If this data were focuses on providing information to collected less frequently, (1) it would Summary of Collection: Office of institutional food service professions, as Inspector General or through regular hinder data needed to collect and well as providing a platform for refund assessments in a timely manner visits by Rural Development personnel processors, distributors, and brokers to identify cases of unauthorized and result in delayed or even lost post information about their processed revenue; (2) boards would be unable to assistance. Unauthorized assistance may USDA supplied commodities and other in the form of a loan, grant, interest carry out the responsibilities of their commercial food products available for respective Acts; and (3) requiring subsidy benefit created through use of institutional food service purchase. The an incorrect interest rate, interest credits reports less frequently than monthly USDA Food and Commodity would impose additional record keeping or rental assistance extended to a Multi- Connection Website is a public website Family Housing borrower or grantee by requirements. and the information provided is Description of Respondents: Business Rural Housing Service (RHS). The considered as public information. legislative authority for requiring the or other for profit, Farms, Federal Need and Use of the Information: At Government. collection of unauthorized assistance is the time of registration, the USDA Food contained in section 510 of the Housing Number of Respondents: 321,098. Commodity Connection Web site will Frequency of Responses: Record- Act of 1949, as amended (42 U.S.C. collect all information electronically. 1480). RHS has published its own keeping; Reporting: On occasion, Registrants are authorized to use the Weekly, Monthly, Semi-annually, regulation, consistent with the Federal website by their individual login and Claims Act, through which it can better Annually. password. Once the registrant is Total Burden Hours: 344,318. assist the recipients of RHS assistance registered, they are required to provide and still adequately protect the additional information. No information Sondra Blakey, Government’s interest. THe information is collected from a user when they Departmental Information Collection collected under the provisions of this access the Web site as a guest. Clearance Officer. regulation is proved on a voluntary Description of Respondents: Business [FR Doc. 04–16939 Filed 7–23–04; 8:45 am] basis by the recipient of the assistance or other for-profit; Farms. BILLING CODE 3410–20–M in question, although failure to Number of Respondents: 800. cooperate in effecting requiring Frequency of Responses: Reporting: corrections to loan accounts may result Other (One Time). DEPARTMENT OF AGRICULTURE in loss or reduction of benefits or Total Burden Hours: 3,942. liquidation of the loan. The information Animal and Plant Health Inspection collected will primarily be financial Agricultural Marketing Service Service data relating to income and expenses. Title: National Research, Promotion, Need and Use of the Information: The and Consumer Information Programs. [Docket No. 04–041–2] information required by this regulation OMB Control Number: 0581–0093. Availability of Environmental is collected from Multi-Family Housing Summary of Collection: The U.S. Assessment for Field Test of borrowers (who may be individuals, Department of Agriculture has the Genetically Engineered Organisms partnerships, private or nonprofit responsibility for implementing and corporations or public bodies) and from overseeing programs for a variety of AGENCY: Animal and Plant Health tenants who reside in the borrower’s commodities including cotton, diary, Inspection Service, USDA. rental projects. Tenants who refuse to eggs, beer, pork, soybeans, honey, ACTION: Notice; extension of comment cooperate or provide information may potatoes, watermelons, mushrooms, period. lose their subsidy or tenancy. The kiwifruit, popcorn, and olive oil. collections are made from RHS Various Acts authorizes these programs SUMMARY: We are extending the borrowers on an individual case. If this to carry out projects relating to research, comment period for our notice that regulation is not continued, the cases consumer information, advertising, sales advises the public about the involving unauthorized financial promotion, producer information, environmental assessment the Animal assistance would remain unresolved market development and product and Plant Health Inspection Service has and many borrowers would keep research to assist, improve, or promote prepared for a confined field of corn

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44486 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

plants genetically engineered to express Health Inspection Service has prepared address in your message and ‘‘Docket the protein trypsinogen. This action will an environmental assessment for a No. 04–044–1’’ on the subject line. allow interested persons additional time confined field of corn plants genetically • Agency Web site: Go to http:// to prepare and submit comments. engineered to express the protein www.aphis.usda.gov/ppd/rad/ DATES: We will consider all comments trypsinogen. cominst.html for a form you can use to that we receive on or before August 10, Comments on the notice were submit an e-mail comment through the 2004. required to be received on or before July APHIS Web site. ADDRESSES: You may submit comments 26, 2004. We are extending the Reading Room: You may read the by any of the following methods: comment period on Docket No. 04–041– environmental assessment and any • Postal Mail/Commercial Delivery: 1 for an additional 15 days, ending comments that we receive in our Please send four copies of your August 10, 2004. This action will allow reading room. The reading room is comment (an original and three copies) interested persons additional time to located in room 1141 of the USDA to Docket No. 04–041–1, Regulatory prepare and submit comments. South Building, 14th Street and Analysis and Development, PPD, Authority: 7 U.S.C. 1622n and 7701–7772; Independence Avenue, SW., APHIS, Station 3C71, 4700 River Road 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday Unit 118, Riverdale, MD 20737–1238. Done in Washington, DC, this 22nd day of Please state that your comment refers to July 2004. through Friday, except holidays. To be sure someone is there to help you, Docket No. 04–041–1. Kevin Shea, • E-mail: Address your comment to please call (202) 690–2817 before Acting Administrator, Animal and Plant coming. [email protected]. Your Health Inspection Service. comment must be contained in the body Other Information: You may view [FR Doc. 04–17026 Filed 7–23–04; 8:45 am] of your message; do not send attached APHIS documents published in the files. Please include your name and BILLING CODE 3410–34–P Federal Register and related address in your message and ‘‘Docket information, including the names of groups and individuals who have No. 04–041–1’’ on the subject line. DEPARTMENT OF AGRICULTURE • Agency Web Site: Go to http:// commented on APHIS dockets, on the www.aphis.usda.gov/ppd/rad/ Animal and Plant Health Inspection Internet at http://www.aphis.usda.gov/ cominst.html for a form you can use to Service ppd/rad/webrepor.html. submit an e-mail comment through the FOR FURTHER INFORMATION CONTACT: Dr. APHIS Web site. [Docket No. 04–044–2] James White, BRS, APHIS, 4700 River Reading Room: You may read the Availability of Environmental Road Unit 147, Riverdale, MD 20737– environmental assessment and any 1236; (301) 734–5940. To obtain a copy comments that we receive in our Assessment for Field Test of Genetically Engineered Organisms of the environmental assessment, reading room. The reading room is contact Ms. Kay Peterson at (301) 734– located in room 1141 of the USDA AGENCY: Animal and Plant Health 4885; e-mail: South Building, 14th Street and Inspection Service, USDA. [email protected]. The Independence Avenue, SW., ACTION: Notice; extension of comment environmental assessment is also Washington, DC. Normal reading room period. available on the Internet at http:// hours are 8 a.m. to 4:30 p.m., Monday www.aphis.usda.gov/brs/aphisdocs/ through Friday, except holidays. To be SUMMARY: We are extending the 04_12101r_ea.pdf. sure someone is there to help you, comment period for our notice that SUPPLEMENTARY INFORMATION: please call (202) 690–2817 before advises the public about the On June coming. environmental assessment the Animal 25, 2004, we published in the Federal Other Information: You may view and Plant Health Inspection Service has Register (69 FR 35574–35575, Docket APHIS documents published in the prepared for a confined field of corn No. 04–044–1) a notice advising the Federal Register and related plants genetically engineered to express public that the Animal and Plant Health information, including the names of the protein aprotinin. This action will Inspection Service has prepared an groups and individuals who have allow interested persons additional time environmental assessment for a commented on APHIS dockets, on the to prepare and submit comments. confined field of corn plants genetically engineered to express the protein Internet at http://www.aphis.usda.gov/ DATES: We will consider all comments ppd/rad/webrepor.html. aprotinin. that we receive on or before August 10, Comments on the notice were FOR FURTHER INFORMATION CONTACT: Dr. 2004. required to be received on or before July Michael Wach, BRS, APHIS, 4700 River ADDRESSES: You may submit comments 26, 2004. We are extending the Road Unit 147, Riverdale, MD 20737– by any of the following methods: comment period on Docket No. 04–044– 1236; (301) 734–0485. To obtain a copy • Postal Mail/Commercial Delivery: 1 for an additional 15 days, ending of the environmental assessment, Please send four copies of your August 10, 2004. This action will allow contact Ms. Kay Peterson at (301) 734– comment (an original and three copies) interested persons additional time to 4885; e-mail: to Docket No. 04–044–1, Regulatory prepare and submit comments. [email protected]. The Analysis and Development, PPD, environmental assessment is also APHIS, Station 3C71, 4700 River Road Authority: 7 U.S.C. 1622n and 7701–7772; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. available on the Internet at http:// Unit 118, Riverdale, MD 20737–1238. www.aphis.usda.gov/brs/aphisdocs/ Please state that your comment refers to Done in Washington, DC, this 22nd day of _ _ 04 11402r ea.pdf. Docket No. 04–044–1. July, 2004. SUPPLEMENTARY INFORMATION: • E-mail: Address your comment to Kevin Shea, On June 25, 2004, we published in the [email protected]. Your Acting Administrator, Animal and Plant Federal Register (69 FR 35573–35574, comment must be contained in the body Health Inspection Service. Docket No. 04–041–1) a notice advising of your message; do not send attached [FR Doc. 04–17027 Filed 7–23–04; 8:45 am] the public that the Animal and Plant files. Please include your name and BILLING CODE 3410–34–P

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44487

DEPARTMENT OF AGRICULTURE Department) regulates the importation decisionmaking process for of animals and animal products to guard regionalization. We believe that, in Animal and Plant Health Inspection against the introduction of animal order for our evaluation process to be Service diseases into this country. The transparent to both domestic entities [Docket No. 04–007–1] regulations pertaining to the and individuals, as well as to our importation and exportation of animals trading partners, a description of that Process for Foreign Animal Disease and animal products are set forth in the process should be made available to the Status Evaluations; Availability of Code of Federal Regulations (CFR), title public. The purpose of this notice is to Informational Document 9, chapter I, subchapter D (9 CFR parts inform the public that such a document 91 through 99). is available and may be accessed by AGENCY: Animal and Plant Health On October 28, 1997, APHIS several means (discussed below). Inspection Service, USDA. published a notice in the Federal The document, titled ‘‘Process for ACTION: Notice of availability. Register (62 FR 56027–56033, Docket Foreign Animal Disease Status No. 94–106–8) in which we informed Evaluations, Regionalization, Risk SUMMARY: We are advising the public the public we were adopting a policy of Analysis, and Rulemaking,’’ describes that the Animal and Plant Health recognizing regions, and levels of risk the following: Inspection Service (APHIS) has among those regions, with regard to the • The process for initiation of an prepared an informational document importation of animals and animal evaluation; that describes the process APHIS products. That same day, we published • The composition of the review follows when conducting foreign animal in the Federal Register a final rule (62 teams that participate in various disease status evaluation, FR 56000–56026, Docket No 94–106–9) components of the evaluation; regionalization, risk analysis, and in which we established procedures (1) • The role of site visits in evaluations; related rulemaking. We are making this for recognizing regions, and (2) by • The types of risk analyses that are informational document available to the which regions may request permission conducted and the situations in which public. to export animals and animal products different types of analyses are used; • ADDRESSES: You may request a copy of into the United States under specified The assignment of responsibility for conditions, based on the regions’ conduct of risk analysis; the informational document by calling • or writing to the person listed under FOR disease status. The basis for recommendations to The procedures set forth in our APHIS management regarding requests; FURTHER INFORMATION CONTACT. The • informational document is being posted October 1997 final rule are the The regulatory process APHIS on the Internet as a public resource. procedures that we use today in follows to seek public comment on Instructions for accessing the accepting and evaluating requests for recommendations to recognize regions informational document on the Internet regionalization. When a chief veterinary and allow the requested importations; are provided below under officer (CVO) of a foreign region and • Time considerations from initial SUPPLEMENTARY INFORMATION. requests consideration for request to final rulemaking. Reading Room: You may also read the regionalization and permission to informational document in our reading import animals and animal products Accessing the Informational Document room. The reading room is located in into the United States, we ask that the on the Internet request include information about the room 1141 of the USDA South Building, The informational document is 14th Street and Independence Avenue, region’s animal disease status, veterinary infrastructure, livestock available on the Internet at http:// SW., Washington, DC. Normal reading www.aphis.usda.gov/vs/ncie/reg- room hours are 8 a.m. to 4:30 p.m., demographics, and degree of physical or other separation from regions of higher request.html. At the bottom of that Web Monday through Friday, except site page, click on http:// holidays. To be sure someone is there to disease risk. (A list of the topics for which we require information is www.aphis.usda.gov/vs/ncie/reg- help you, please call (202) 690–2817 request.html. before coming. included in the regulations in 9 CFR Other Information: APHIS documents 92.2.) Using the information provided Authority: 7 U.S.C. 1622 and 8301–8317; by the CVO of the region, along with 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 published in the Federal Register, and CFR 2.22, 2.80, and 371.4. related information, including the information available to us from other names of organizations and individuals sources, we use a science-based Done in Washington, DC, this 20th day of who have commented on APHIS approach to evaluate whether such July, 2004. dockets, are available on the Internet at importations can be safely allowed, W. Ron DeHaven, http://www.aphis.usda.gov/ppd/rad/ either with or without risk mitigation Administrator, Animal and Plant Health webrepor.html. measures. Inspection Service. As part of our process of considering [FR Doc. 04–16926 Filed 7–23–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Dr. a request for regionalization or other BILLING CODE 3410–34–P Anne Goodman, Supervisory Staff disease status recognition, we make Officer, Regionalization Evaluation available to the public the information Services, Sanitary Trade Issues Team, upon which we conducted our DEPARTMENT OF AGRICULTURE National Center for Import and Export, evaluation. This information is posted VS, APHIS, 4700 River Road Unit 38, to the APHIS Veterinary Services Web Forest Service Riverdale, MD 20737–1231; (301) 734– site and is discussed in any rulemaking 8667. documents we publish in the Federal Colville Resource Advisory Committee (RAC) SUPPLEMENTARY INFORMATION: Register regarding our evaluation of the request. Background AGENCY: Forest Service, USDA. However, until now we have not ACTION: Notice of meeting. The Animal and Plant Health made available to the public a document Inspection Service (APHIS) of the U.S. that describes the way in which APHIS SUMMARY: The Colville Resource Department of Agriculture (the applies risk analysis to the Advisory Committee will meet on

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44488 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Thursday, July 29, 2004, at the Spokane Forest Service staff and Committee projects listed below due to the receipt Community College, Colville Campus, members. However, persons who wish of proposals that EDA, in its discretion, Monumental Room, 985 South Elm to bring matters to the attention of the determined were non-responsive to the Street, Colville, Washington. The Committee may file written statements original solicitation and thus meeting will begin at 9 a.m. and with the Committee staff before or after determined to be unsuitable for funding. conclude at 4 p.m. Agenda items the meeting. Public input sessions will DATES: Proposals for funding under this include: (1) Review and approve be provided and individuals who made program must be received by the EDA meeting notes from June 29, 2004 written requests by August 10, 2004 will representative listed below no later than meeting; (2) Fiscal Year 2005 Title II have the opportunity to address the August 25, 2004 at 4 p.m. (e.d.t.). projects review and recommendation to committee at those sessions. Proposals received after 4 p.m. (e.d.t.) the forest designated official on Pend Dated: July 19, 2004. on August 25, 2004, will not be Oreille County applications; and (3) James F. Giachino, considered for funding. By September 9, Public Forum. Designated Federal Official. 2004, EDA will notify proponents FOR FURTHER INFORMATION CONTACT: whether they will be given further [FR Doc. 04–16924 Filed 7–23–04; 8:45 am] Direct questions regarding this meeting funding consideration and will invite to Rick Brazell, Designated Federal BILLING CODE 3410–11–M successful proponents to submit a Official or to Cynthia Reichelt, Public formal application. Projects should Affairs Officer, Colville National Forest, expect to receive funding by September 765 S. Main, Colville, Washington DEPARTMENT OF COMMERCE 30, 2004; however, there is no guarantee 99114, (509) 684–7000. Economic Development Administration that proponents invited by EDA to Dated: July 13, 2004. submit a formal application will receive [Docket No. 991215339–4192–12] Donald N. Gonzalez, funding. Proposals that were not recommended for funding will be Acting Forest Supervisor. National Technical Assistance, retained by EDA for no longer than three [FR Doc. 04–16488 Filed 7–23–04; 8:45 am] Training, Research, and Evaluation years from the date of receipt. BILLING CODE 3410–11–M AGENCY: Economic Development ADDRESSES: Research and Evaluation Administration (EDA), Department of proposals may be e-mailed to DEPARTMENT OF AGRICULTURE Commerce (DOC). [email protected]; National Technical ACTION: Notice and request for Assistance proposals may be e-mailed to Forest Service proposals. [email protected]. Alternatively, Research and Evaluation proposals may Tehama County Resource Advisory SUMMARY: The mission of EDA is to lead be hand-delivered to: W. Kent Lim, U.S. Committee the Federal economic development Department of Commerce, Economic agenda by promoting innovation and Development Administration, Room AGENCY: Forest Service, USDA. competitiveness, preparing American 1874, 1401 Constitution Avenue, NW., ACTION: Notice of meeting. regions for growth and success in the Washington, DC 20230. SUMMARY: The Tehama County Resource worldwide economy. Through the National Technical Assistance Advisory Committee (RAC) will meet in National Technical Assistance, proposals may be hand-delivered to: Dr. Red Bluff, California. Agenda items to Training, Research and Evaluation John J. McNamee, U.S. Department of be covered include: (1) Introductions, Program (NTA Program), EDA will work Commerce, Economic Development (2) Approval of Minutes, (3) Public towards fulfilling its mission by funding Administration, Room 1874, 1401 Comment, (4) Chairman Report (5) Sub- research and technical assistance Constitution Avenue, NW., Washington, Committee Break-out, (6) Update on Re- projects to promote competitiveness and DC 20230; or Applications, (7) Project Proposal innovation in urban and rural regions Research and Evaluation proposals Acceptance Date, (8) General throughout the United States and its may be mailed to: W. Kent Lim, U.S. Discussion, (9) Next Agenda. territories. By working in conjunction Department of Commerce, Economic Development Administration, Room DATES: The meeting will be held on with its research partners, EDA will August 12, 2004 from 9 a.m. and end at assist states, local governments and 7015, 1401 Constitution Avenue, NW., approximately 12 p.m. community based organizations to Washington, DC 20230; achieve their highest economic National Technical Assistance ADDRESSES: The meeting will be held at potential. proposals may be mailed to: Dr. John J. the Lincoln Street School, Conference EDA is soliciting proposals to McNamee, U.S. Department of Room A, 1135 Lincoln Street, Red Bluff, undertake research and provide Commerce, Economic Development CA. Individuals wishing to speak or technical assistance: (1) Addressing Administration, Room 7816, 1401 propose agenda items must send their Competitiveness and Innovation in Constitution Avenue, NW., Washington, names and proposals to Jim Giachino, Rural U.S. Regions and Developing and DC 20230. DFO, 825 N. Humboldt Ave., Willows, Analyzing Rural Clusters of Innovation Proponents are encouraged to submit CA 95988. and Linking Rural and Metropolitan proposals by e-mail. Proponents are FOR FURTHER INFORMATION CONTACT: Regions; and (2) Information advised that, due to mail security Bobbin Gaddini, Committee Dissemination to Practitioners Serving measures, EDA’s receipt of mail sent via Coordinator, USDA, Mendocino Distressed Areas. the United States Postal Service may be National Forest, Grindstone Ranger This competitive solicitation request delayed for up to two weeks. District, P.O. Box 164, Elk Creek, CA was previously published as part of a EDA will not accept proposals 95939. (530) 968–5329; e-mail larger competitive solicitation in the submitted by facsimile. [email protected]. Federal Register on April 30, 2004 (69 FOR FURTHER INFORMATION CONTACT: For SUPPLEMENTARY INFORMATION: The FR 23727), as well as on www.grants.gov a copy of the full Federal Funding meeting is open to the public. and on EDA’s Web site at www.eda.gov. Opportunity (FFO) announcement for Committee discussion is limited to EDA is re-soliciting proposals for the this solicitation for competitive

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44489

proposals, contact the appropriate EDA Id. EDA may supplement the costs of a B. Supplemental Evaluation Criteria— officer listed above. The text of the full project up to and including 100 percent Investment Policy Guidelines FFO announcement can also be of such project costs where the EDA’s mission is to lead the Federal accessed at EDA’s Web site: http:// applicant is able to demonstrate that the economic development agenda by www.eda.gov and at http:// project (i) is not feasible without EDA promoting innovation and www.grants.gov. supplementation, and (ii) otherwise competitiveness, preparing American SUPPLEMENTARY INFORMATION: warrants EDA supplementation. 13 CFR regions for growth and success in the Electronic Access: The full FFO 307.11(c)(1), (2). EDA may also worldwide economy. Accordingly, all announcement for this competitive supplement the costs of a project where potential EDA investments will be solicitation with respect to the FY 2004 the applicant is able to demonstrate that analyzed using the following five NTA Program is available through the applicant’s overall economic Investment Policy Guidelines, which EDA’s Web site, http://www.eda.gov, situation precludes its contribution of constitute supplemental evaluation and through Grants.gov at http:// the non-Federal share otherwise criteria of approximate equal weight and www.grants.gov. required for the project. 13 CFR which further define the criteria Funding Availability: EDA may use 307.11(c)(1)(i), 301.4(b). Potential provided at 13 CFR 304.2: funds appropriated under Public Law applicants should contact the 1. Be market-based and results driven. 108–199 for the NTA Program. Funds in appropriate EDA office to make this An investment will capitalize on a the amount of $805,000 are available for determination. region’s competitive strengths and will the NTA Program and funds in the Intergovernmental Review: positively move a regional economic amount of $495,000 have been Applications under the NTA Program indicator measured on EDA’s Balanced appropriated for the Research and are not subject to Executive Order Scorecard, such as: an increased number Evaluation Program for FY 2004. The 12372, ‘‘Intergovernmental Review of of higher-skill, higher-wage jobs; funds made available for both Programs Federal Programs.’’ increased tax revenue; or increased are available until expended. Awards private sector investment. Evaluation and Selection Procedures: under this competitive solicitation will 2. Have strong organizational be in the form of grants or cooperative To apply for an award under this leadership. An investment will have agreements, with cooperative request, an eligible applicant must strong leadership, relevant project agreements being used where there is submit a proposal to EDA during the management experience, and a substantial collaboration between the specified timeframe and in the manner significant commitment of human EDA NTA Program staff and the provided by this solicitation. Proposals resources talent to ensure a project’s recipient of an award. For example, a that do not meet all items required or successful execution. cooperative agreement will be used if that exceed the page limitations set forth 3. Advance productivity, innovation, there is substantial collaboration in the FFO will be considered non- and entrepreneurship. An investment between EDA Program staff and the responsive and will not be considered will embrace the principles of recipient of an information by the review panel. Proposals that meet entrepreneurship, enhance regional dissemination award in the selection of all the requirements will be evaluated clusters, and leverage and link topics and presenters for satellite by a review panel comprised of at least technology innovators and local telecasts and regional policy forums. three members, all of whom will be full- universities to the private sector to time Federal employees. The panel first create the conditions for greater Statutory Authority: Public Works and evaluates the proposals using (a) the Economic Development Act of 1965, as productivity, innovation, and job amended (Pub. L. 89–136, 42 U.S.C. 3121 et general evaluation criteria set forth in 13 creation. seq.), and as further amended by the CFR 304.1 and 13 CFR 304.2, and (b) the 4. Look beyond the immediate Economic Development Administration supplemental evaluation criteria economic horizon, anticipate economic Reform Act of 1998 (Pub. L. 105–393) (Investment Policy Guidelines) set forth changes, and diversify the local and (PWEDA). below. The Assistant Secretary of regional economy. An investment will CFDA: 11.303 Economic Commerce for Economic Development be part of an overarching, long term Development—Technical Assistance; is the Selecting Official and will comprehensive economic development 11.312 Economic Development— normally follow the recommendation of strategy that enhances a region’s success Research and Evaluation. the review panel. However, the in achieving a rising standard of living Eligibility: Eligible applicants and Assistant Secretary may not make any by supporting existing industry clusters, eligible recipients of EDA financial selection, or he may substitute one of developing emerging new clusters, or assistance as defined in 13 CFR 300.2, the lower rated proposals, if he attracting new regional economic including private individuals and for- determines that it better meets the drivers. profit organizations. overall objectives of PWEDA. 5. Demonstrate a high degree of Cost Sharing Requirements: A. Evaluation Criteria commitment by exhibiting: (a) High Ordinarily the amount of the EDA grant levels of local government or non-profit may not exceed 50 percent of the cost Proposals that meet these threshold matching funds and private sector of the project. See 13 CFR 301.4(a), criteria will subsequently be evaluated leverage; (b) clear and unified 307.11(c)(1). While cash contributions by the review panel using the following leadership and support by local elected are preferred, the project’s non-Federal criteria of approximate equal weight: officials; and (c) strong cooperation share may consist of in-kind 1. The quality of a proponent’s between the business sector, relevant contributions, fairly evaluated by EDA, response to deliverables set forth in regional partners and local, state and such as contributions of space, Section II. above; federal governments. equipment and services. 13 CFR Announcement and Award Dates: By 301.4(a). In-kind contributions must be 2. The ability of the proponent to September 9, 2004, EDA will notify eligible project costs and meet successfully carry out the proposed proponents whether they will be given applicable Federal cost principles and activities; and further funding consideration and will uniform administrative requirements. 3. Cost to the Federal Government. invite successful proponents to submit a

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44490 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Form ED–900A, Research and National Dated: July 20, 2004. exports. On domestic sales, the Technical Assistance, OMB Control David Bearden, company would be able to choose the Number 0610–0094. There is no Deputy Assistant Secretary for Economic Customs duty rates that apply to certain guarantee that successful proponents Development. petrochemical products and refinery by- will receive funding. The projects [FR Doc. 04–16907 Filed 7–23–04; 8:45 am] products (duty-free) by admitting selected for funding should expect to BILLING CODE 3510–24–P incoming foreign inputs (crude oil, receive funding by September 30, 2004. natural gas condensate, gas oil, naphtha) Proposals that were not recommended in non-privileged foreign status. The for funding will be retained by EDA for DEPARTMENT OF COMMERCE duty rates on inputs range from 5.25¢/ no longer than three years from the date Foreign-Trade Zones Board barrel to 10.5¢/barrel. The application of receipt. indicates that the savings from zone The Department of Commerce Pre- [Docket 28–2004] procedures would help improve the Award Notification Requirements for Foreign-Trade Zone 227, Durant, OK, refinery’s international competitiveness. Grants and Cooperative Agreements Proposed Foreign-Trade Subzone, TPI In accordance with the Board’s The Department of Commerce Pre- Petroleum, Inc. (Oil Refinery Complex), regulations, a member of the FTZ Staff Award Notification Requirements for Ardmore, OK has been designated examiner to investigate the application and report to Grants and Cooperative Agreements An application has been submitted to the Board. contained in the Federal Register notice the Foreign-Trade Zones Board (the of October 1, 2001 (66 FR 49917), as Board) by Rural Enterprises of Public comment is invited from amended by the Federal Register notice Oklahoma, Inc., grantee of FTZ 227, interested parties. Submissions (original published on October 30, 2002 (67 FR requesting special-purpose subzone and 3 copies) shall be addressed to the 66109), are applicable to this status for the oil refinery complex of TPI Board’s Executive Secretary at one of solicitation. Petroleum, Inc. (TPI), a subsidiary of the following addresses: Paperwork Reduction Act Valero Energy Corporation, located at 1. Submissions Via Express/Package three sites in the Ardmore, Oklahoma, Delivery Services: Foreign-Trade-Zones This document contains collection-of- area. The application was submitted Board, U.S. Department of Commerce, information requirements subject to the pursuant to the provisions of the Franklin Court Building—Suite 4100W, Foreign-Trade Zones Act, as amended Paperwork Reduction Act (PRA). The 1099 14th St. NW., Washington, DC use of Form ED–900A has been (19 U.S.C. 81a–81u), and the regulations 20005; or approved by OMB under the control of the Board (15 CFR part 400). It was number 0610–0094. Notwithstanding formally filed on July 13, 2004. 2. Submissions Via the U.S. Postal any other provision of law, no person is The TPI refinery complex is located at Service: Foreign-Trade-Zones Board, required to respond to, nor shall any 3 sites in the Ardmore, Oklahoma, area, U.S. Department of Commerce, FCB— person be subject to a penalty for failure some 100 miles south of Oklahoma City: Suite 4100W, 1401 Constitution Ave. to comply with, a collection of Site 1 (85,000 BPD capacity, 2,730,000 NW., Washington, DC 20230. information subject to the requirements barrel storage capacity, 737.45 acres)— The closing period for their receipt is of the PRA unless that collection of main refinery complex, located at September 24, 2004. Rebuttal comments Highway 142 Bypass and E. Cameron information displays a currently valid in response to material submitted Road (Carter County); Site 2 (20.03 OMB control number. during the foregoing period may be acres, 2 tanks, 184,000 barrel total crude Executive Order 12866 storage capacity)—Wesson Storage submitted during the subsequent 15-day period until October 12, 2004. This notice has been determined not Terminal, located at 13798 Prairie to be significant for purposes of Valley Road, (Carter County), some 13 A copy of the application and Executive Order 12866. miles west of the refinery; and, Site 3 accompanying exhibits will be available (22.25 acres, 2 tanks, 160,000 barrel for public inspection at the Office of the Executive Order 13132 (Federalism) total finished product storage Foreign-Trade Zones Board’s Executive capacity)—Wynnewood Storage Secretary at address Number 1 listed It has been determined that this notice Terminal, State Highway 17A and above, and at the U.S. Department of does not contain policies with Froman Lane (Murray County), some 35 Commerce Export Assistance Center, Federalism implications as that term is miles north of the refinery. The refinery defined in Executive Order 13132. 301 NW., 63rd Street, Suite 330, complex is adjacent to the Dallas/Fort Oklahoma City, Oklahoma 73116. Administrative Procedure Act/ Worth Customs port of entry. Dated: July 15, 2004. Regulatory Flexibility Act TPI’s Ardmore refinery (260 employees) is used to produce fuels and Dennis Puccinelli, Prior notice and an opportunity for other petroleum products. Products Executive Secretary. public comments are not required by the include gasoline, jet fuel, distillates, [FR Doc. 04–16976 Filed 7–23–04; 8:45 am] Administrative Procedure Act or any residual fuels, naphthas, motor fuel BILLING CODE 3510–DS–P other law for this notice concerning blendstocks, LPGs, petroleum coke and grants, benefits and contracts (5 U.S.C. sulfur. Some 80 percent of the crude oil 553(a)(2)). Because notice and (75 percent of inputs) is sourced abroad. opportunity for comment are not The company is also requesting to required pursuant to 5 U.S.C. 553 or any import certain intermediate inputs other law, the analytical requirements of (naphthas and gas oils) under FTZ the Regulatory Flexibility Act (5 U.S.C. procedures. 601 et seq.) are inapplicable. Therefore, Zone procedures would exempt the a regulatory flexibility analysis has not refinery from Customs duty payments been prepared. on the foreign products used in its

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44491

DEPARTMENT OF COMMERCE extent permitted by law, the provisions Section 754.7 of the EAR (15 CFR of the EAA and its implementing 754.7). Bureau of Industry and Security regulations under the International Section 3(2) of the EAA, states: It is the policy of the United States to [Docket No. 040719211–4211–01] Emergency Economic Powers Act. The petitioners identified four use export controls only after full Determination by the Department of commodities by the Census Bureau’s consideration of the impact on the Commerce on the Petition Submitted Schedule B numbers as those for which economy of the United States and only by the Copper & Brass Fabricators monitoring and export controls were to the extent necessary Council, Inc. and the Non-Ferrous requested: 7404.00.0020 (waste and *** Founders’ Society, Requesting the scrap of refined copper), 7404.00.0045 (C) To restrict the export of goods Monitoring and Control of U.S. Copper (waste and scrap of copper-zinc base where necessary to protect the domestic Scrap and Copper-Alloy Scrap Exports alloys (brass) containing more than 0.3 economy from the excessive drain of in Accordance With the Short Supply percent lead), 7404.00.0062 (waste and scarce materials and to reduce the Provisions of the Export scrap of brass containing 0.3 percent or serious inflationary impact of foreign Administration Act of 1979, as less lead), and 7404.00.0080 (other demand. Amended copper alloy waste and scrap, NESOI). In Section 7(c)(3)(A), the EAA sets forth five determinations that the As a remedy, the petitioners requested AGENCY: Bureau of Industry and Secretary of Commerce shall make in that export monitoring be imposed on a Security, Department of Commerce. determining whether short supply weekly basis for copper-based scrap, ACTION: Notice of determination. action is warranted.1 The Secretary is to with the publication of weekly reports determine whether: on anticipated exports, and that export SUMMARY: On April 7, 2004, the Bureau (i) There has been a significant controls be imposed that limit the of Industry and Security received a increase, in relation to a specific period monthly total of copper-based scrap written petition requesting the of time, in exports of such material in exports to 31,678 metric tons (‘‘MT’’), imposition of export monitoring and relation to domestic supply and the monthly average of total exports for export controls on copper scrap and demand; copper-alloy scrap. The Department of the five-year period of 1996–2000, to be (ii) There has been a significant Commerce reviewed this petition in allocated among destinations in an increase in domestic price of such accordance with Sections 3(2)(C) and historically based manner for an initial material or a domestic shortage of such 7(c) of the Export Administration Act period of one year. material relative to demand; (‘‘EAA’’) (50 U.S.C. app. Sections In a Federal Register notice published (iii) Exports of such material are as 2402(2)(c) and 2406(c)), as implemented on April 22, 2004 (60 FR 21815), the important as any other cause of a by Section 754.7 of the Export Department acknowledged receipt of domestic price increase or shortage Administration Regulations (‘‘EAR’’) (15 and requested public comments on the relative to demand found under clause CFR 754.7), and has determined that petition and, at the request of the (ii); neither monitoring nor controls is petitioners, on May 19, 2004 held a (iv) A domestic price increase or necessary in order to carry out the public hearing concerning the petition. shortage relative to demand found policy set forth in Section 3(2)(C) of the The Department heard testimony from under clause (ii) has significantly EAA. 12 witnesses at the public hearing, and adversely affected or may significantly FOR FURTHER INFORMATION CONTACT: received several written comments in adversely affect the national economy or Daniel O. Hill, Director of the Office of response to the request for public any sector thereof, including a domestic Strategic Industries and Economic comment. Interested parties may review industry; and Security, Bureau of Industry and the Bureau of Industry and Security’s (v) Monitoring or controls, or both, are Security, who may be reached at (202) (‘‘Bureau’’) Web site, http:// necessary in order to carry out the 482–4506. www.bis.doc.gov, for the complete text policy set forth in section 3(2)(C) of the SUPPLEMENTARY INFORMATION: of the petition, pertinent Federal EAA. Register notices, written public The Petition comments, and the transcript of the The Department of Commerce’s Review of the Statutory Determinations On April 7, 2004, the Department of public hearing. Commerce (‘‘Department’’) received a During the review of the petition, the Determination 1: Whether there has petition from the Copper & Brass Bureau consulted with other U.S. been a significant increase, in relation to Fabricators Council, Inc., and the Non- Government departments and agencies, a specific period of time, in exports of Ferrous Founders’ Society (the including the Departments of State and such material in relation to domestic ‘‘petitioners’’) requesting that the the Treasury, the Council of Economic supply and demand. Department impose monitoring and Advisors, the Office of the United States For the reasons set forth below, the controls on exports of recyclable Trade Representative, the Department of Department has determined that there metallic materials containing copper the Interior’s U.S. Geological Survey, has been a significant increase, in (‘‘copper-based scrap’’), in accordance and the Department of Commerce’s relation to the specific period of time with the short supply provisions of Economics and Statistics (1999–2003), in exports of copper-based Section 7(c) of the Export Administration, and International Trade scrap in relation to domestic supply and Administration Act of 1979, as Administration. demand of such commodity. The amended, and Section 754.7 of the increase in exports should be The Statutory Determinations for Short Export Administration Regulations. considered in the context of Supply Actions Although the EAA expired on August substantially decreased U.S. domestic 20, 2001, Executive Order 13222 of The Department of Commerce August 17, 2001 (3 CFR, 2001 Comp., p. reviewed this petition in accordance 1 Pursuant to Section 4.01(b) of Department Organizational Order 10–16 (March 19, 2004), the 783 (2002)), as extended by the Notice with Sections 3(2)(C) and 7(c) of the Secretary of Commerce has delegated to the Under of August 7, 2003 (3 CFR, 2003 Comp., EAA (50 U.S.C. app. Sections 2402(2)(c) Secretary of Commerce for Industry and Security p. 328 (2004)) continues in effect, to the and 2406(c)), as implemented by the authority to make these determinations.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44492 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

consumption, as well as the record demand.2 See Petition for the Copper-Based Scrap Exports showing that some copper-based scrap Imposition of Monitoring and Controls The Department has found that U.S. cannot be directly consumed by the with Respect to Exports from the United exports of copper-based scrap increased petitioners. States of Copper Scrap and Copper- by 119 percent from 1999–2003, rising The petitioners allege that exports of Alloy Scrap (‘‘Petition’’), pp. 10–13. The from 315,000 MT in 1999 to 689,000 MT copper-based scrap have increased by petitioners also allege that ‘‘[e]ssentially in 2003.3 See Chart 1. During 138 percent during the 1999–2003 all the growth in U.S. exports of copper- the first five months of 2004 (the most period, and that the volume of copper- based scrap in recent years [1999–2003] recent data available), exports have based scrap exports has increased in has been attributable to rising demand increased 11 percent compared to the both an absolute sense and as a in China.’’ See Petition, p. 13. same period in 2003, rising from percentage of the U.S. copper-based 269,000 MT in January–May 2003 to scrap supply in relation to U.S. 298,000 MT in January–May 2004.

The People’s Republic of China 447 percent from 1999–2003, rising 192,000 MT in January–May 2004. (‘‘PRC’’) has been the leading from 86,000 MT in 1999 to 470,000 MT While exports to the PRC have increased destination of U.S. copper-based scrap in 2003. See Chart 2. During the first during the 1999–2003 period, exports to exports since 1999, accounting for 68 five months of 2004, exports to the PRC all other countries have remained percent of U.S. copper-based scrap have increased 14 percent compared to relatively stable. exports in 2003. U.S. copper-based the same period in 2003, rising from scrap exports to the PRC increased by 169,000 MT in January–May 2003 to

2 The petitioners are part of the U.S. copper and extrusion, and drawing to convert the melted and 3 All export data presented in this determination copper-based scrap consuming (melting) industry, cast feedstock into mill products. Ingot-makers are based on the Bureau of the Census’ reporting of which includes approximately 35 primary brass produce a wide range of cast copper alloys in the ‘‘U.S. Domestic Exports’’ of copper-based scrap. The mills, 15 wire rod mills, 23 ingot makers, 600 form of ingots. These ingots are small enough (30 record does not demonstrate that re-exports of foundries, and three fire-refiners. Brass mills melt pounds) to fit into their customers’ (foundries and foreign-origin copper-based scrap, as recorded in and alloy feedstock to make metal strip, sheet, brass mills) furnaces. Foundries make shaped plate, tube, rod, bar, mechanical wire, forgings, and castings for industrial and consumer goods, the ‘‘U.S. Total Exports,’’ and cited by the petitioners, extrusions. The brass mills employ fabricating most important of which are plumbing products could be used in the domestic market. processes, such as hot-rolling, cold-rolling, and industrial valves.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.000 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44493

Domestic Consumption decreased by 30 percent from 1999– Over the past five years, U.S. 2003, falling from 1,631,000 MT in 1999 consumption of copper-based scrap has Trends in U.S. consumption of to 1,152,000 MT in 2003.4 During the decreased more than the rise in U.S. copper-based scrap must be evaluated first four months of 2004, U.S. exports during the same period. See because the statute requires a consumption of copper-based scrap Chart 3. From 1999–2003, U.S. exports determination of whether exports have increased 3 percent compared to the of copper-based scrap increased by increased significantly ‘‘in relation to same period in 2003, rising from 374,000 MT, while U.S. consumption domestic supply and demand.’’ 397,000 MT in January–April 2003 to decreased by 479,000 MT. The Department has found that U.S. 410,000 MT in January–April 2004 (the consumption of copper-based scrap most recent data available).

4 Copper-based scrap can be distributed into three marketed through scrap yards and brokers. New processed or upgraded before marketing to categories based on its origins and processing. (1) scrap is particularly valuable to the primary mills consumers or brokers for domestic use or export. ‘‘Home scrap’’ or ‘‘run around scrap’’ is material in that its origins and exact composition are known, In 2003, new scrap accounted for approximately generated during manufacturing (clippings, off-spec it is compatible with their alloy product output, and 96 percent of U.S. brass mills’ scrap consumption material) that never leaves the plant of origin and it requires little or no processing before according to U.S. Geological Survey data. See Table is recycled (remelted) internally. (2) ‘‘New scrap’’ consumption. (3) ‘‘Old scrap’’ is material recovered 9, U.S. Geological Survey, Copper in December is manufacturing scrap (grindings, turnings, from items that have been placed in service and 2003 (March 2004). The U.S. Geological Survey webbing, skimmings, off-spec material) generated have become obsolete or otherwise removed from estimates that old scrap accounted for downstream from the primary mill that is not service. Old scrap, such as used water tubing, approximately 75 percent of U.S. ingot makers’ recycled internally, but rather enters into commerce valves, auto radiators, and harnesses is collected scrap consumption and 51 percent of U.S. and is traded back to the source primary mill or through a tier of scrap processors and may be foundries’ scrap consumption in 2003. Id.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.001 44494 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

The domestic copper-based scrap Historically, a significant portion of the consumption of copper-based scrap by processing industry underwent scrap processed by the secondary U.S. smelters, refiners, and ingot makers significant restructuring during the smelters was material containing certain (including secondary smelters) 1999–2003 period, including the closure impurities that prevented copper and decreased by 55 percent, falling from of the last operating independent U.S. brass mills from directly consuming the 501,000 MT in 1999 to 224,000 MT in secondary smelter in 2001.5 scrap. During the 1999–2003 period, 2003. See Chart 4.

5 The petitioners allege that increased exports of smelters. The last two operating secondary smelters 2000, p. 23.3; U.S. geological survey, minerals copper-based scrap were a major cause that closed in may 2000 (Southwire co., Carrollton, yearbook—2001, p. 22.2; and copper development contributed to the demise of the U.S. secondary Georgia) and October 2001 (Chemetco Inc., association, technical report: the U.S. copper-base smelting industry. See petitioners’ supplemental Hartford, Illinois). The closure of both smelters was scrap industry and its by-products—2002 (July comments (May 27, 2004), p. 9. The record does not linked to the costs associated with environmental 2002), p. 14. demonstrate that the increase in exports was a regulations compliance and the low price of copper. major cause of the closure of the U.S. secondary See U.S. geological survey, minerals yearbook—

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.002 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44495

The Institute of Scrap Recycling based scrap cannot be directly percent, respectively, compared to the Industries, Inc. (‘‘ISRI’’) has stated that consumed by the petitioners. same period in 2003.6 Id. ‘‘the vast majority of the material being Determination 2: Whether there has The petitioners also allege that exported is copper scrap that would been a significant increase in domestic increased exports of copper-based scrap otherwise not be consumed price of such material or a domestic have reduced U.S. supplies and have domestically’’ due to the closure of the shortage of such material relative to caused shortages of the material. The domestic secondary smelters. See ISRI demand. petitioners state that shortages of Final Comments (June 7, 2004), p. 17. For the reasons set forth below, the copper-based scrap have not been The petitioners acknowledge that not all Department has determined that there reflected in widespread production the copper-based scrap being exported has been a significant increase in the interruptions to date, but in the can be consumed by the domestic domestic price of copper-based scrap. increased substitution of copper cathode industry, noting that ‘‘some element of The Department has not determined that (99.9 percent pure copper) for copper- the product exported is not of sufficient there is a domestic shortage of copper- based scrap and reduced stocks of quality for use by the brass mill based scrap relative to the demand for copper-based scrap. See Petition, pp. industry’’ and that ‘‘there is no means such material. of discerning how much of the exported 6 Copper-based scrap is defined in as many as 43 product could actually be used by the The petitioners allege that ‘‘U.S. different categories based on its copper purity-level. U.S. brass mill industry.’’ See Petition, prices for copper-based scrap have For many of these categories, there is no universal increased significantly * * *’’ See agreement among the copper scrap consuming and pp. 11–12, footnote 14. Thus, the producing industries on definitions. No. 1 copper Department concludes that the Petitioners’ Initial Comments (May 13, scrap is one of the scrap designations on which information on the record shows that at 2004), p. 2. The petitioners cite most members of the copper consuming and least some of the copper-based scrap increases in copper-based scrap prices producing industries can agree. It is comprised of since 2001, in particular the dramatic at least 99 percent copper. No. 2 copper scrap is being exported cannot be consumed by considered by most industrial consumers/producers the domestic industry. increases that occurred during the first to be scrap with 94–98 percent copper content. four months of 2004 when the prices of However, some in the scrap consuming industry Thus, the increase in exports should Brass Mill Scrap, No. 1 copper (‘‘No. 1 view No. 2 copper scrap as any scrap not classified be considered in the context of as No. 1 copper scrap. Sequential definitions copper scrap’’) and Refiners’’ Copper substantially decreased U.S. domestic beyond No. 2 scrap indicate material with ever- Scrap, No. 2 copper, (‘‘No. 2 copper decreasing percentages of copper and increasing consumption, as well as the record scrap’’) rose 66.7 percent and 73.8 percentages of other metals, such as lead, tin, and evidence showing that some copper- zinc.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.003 44496 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

15–16, and Petitioners’ Initial by 13 and 22 percent, respectively, from Chart 5. During the first six months of Comments (May 13, 2004), p. 3. 1999–2003.7 The price for No. 1 copper 2004 (the latest monthly data scrap rose from 70.88 cents per pound published), the prices for No. 1 copper Domestic Prices in 1999 to 79.86 cents per pound in scrap and No. 2 copper scrap have The Department has found that the 2003. The price for No. 2 copper scrap increased 65 percent and 64 percent, average annual prices for No. 1 copper rose from 57.53 cents per pound in 1999 respectively, compared to the same scrap and No. 2 copper scrap increased to 70.15 cents per pound in 2003. See period in 2003.8

The prices for No. 1 copper scrap and prices for No. 1 and No. 2 copper scrap per pound in March 2004 to 96.90 cents No. 2 copper scrap each rose 32 percent decreased 10 percent and 18 percent, per pound in June 2004. In addition, the during the first quarter of 2004 respectively. The price for No. 1 copper Department has found that the price compared to the fourth quarter of 2003, scrap fell from 132.89 cents per pound increase for copper scrap that occurred before falling during the second quarter in March 2004 to 120.33 cents per from 1999–2003 occurred at a slower of 2004. Comparing prices in March pound in June 2004. The price for No. rate than previous price increases (e.g., 2004 to June 2004, the average monthly 2 copper scrap fell from 118.57 cents 1986–1989 and 1993–1995). See Chart 6.

7 The petitioners and ISRI have each utilized presented in this determination are based on the products. See Wolverine Tube, Inc., Quarterly 10- American Metal Market published pricing data for American Metal Market’s published daily estimates Q Report to the Securities and Exchange copper scrap in their submissions for the record. of dealer buying prices for carload lots delivered to Commission (August 13, 2003); ‘‘Essex cites wire Because the petitioners and ISRI used this source, a buyer’s works. market for earnings cut,’’ Copper News, American the Department determined it was appropriate to 8 The comparison of year-on-year periods is Metal Market (May 22, 1998); ‘‘Higher Cost of Steel utilize American Metal Market pricing data during appropriate because scrap prices and supplies are Scrap Boosting Price of Finished Steel,’’ Buffalo the course of the review. Copper scrap prices influenced by seasonal demand for copper News (February 15, 2004).

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.004 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44497

Domestic Shortage Comments (May 13, 2004), p. 15 and public comment period, the petitioners Hearing Transcript, pp. 107, 112, and also provided additional statements During the process of the review, the 161. from officials with five of the ten Department found no convincing In response, ISRI stated that many companies identified by ISRI, stating evidence of the existence of a shortage scrap processors reported that brass that these companies had not delayed of copper-based scrap. After reviewing mills were delaying receipt of shipment of scrap for ‘‘‘‘six to eight the statute, the Department has purchased scrap due to excess weeks’’ because of an ‘‘excess determined that, as used in Section 7(c) inventories of raw materials at the mills. inventory’’ of scrap on hand.’’ See of the EAA, a shortage of copper-based See ISRI Initial Comments (May 13, Petitioners’’ Statements from Brass Mills scrap exists if the domestic industry’s 2004), p. 7; Hearing Transcript, pp. 177, (July 13, 2004).9 While the Department demand exceeds the supply at 191; and ISRI Final Comments (June 7, has accepted this submission, we note prevailing market prices. In addition to 2004), pp. 23–24. ISRI provided that due to the late filing other parties the fact that the information submitted information stating that brass mills have have not had an opportunity to respond. by the petitioners did not establish that slowed down their acceptances of The Department concludes that there is a shortage of copper-based scrap exists, shipments of copper-based scrap. ISRI unrebutted record evidence that at least as discussed below there are no signs of identified ten brass mills or ingot five companies have delayed scrap any consequences of a shortage. There is makers by name that it states have deliveries. conflicting evidence as to whether the extended delivery dates by as long as industry has had difficulties purchasing six-to-eight weeks. See ISRI Final In addition, there were no signs of copper-based scrap. Petitioners stated Comments (June 7, 2004), pp. 23–24. significant consequences that would that they have had trouble getting their The petitioners disagreed with ISRI’s normally result from a shortage. The required supply of copper-based scrap. statements that mills were delaying record does not reflect that the industry See Hearing Transcript, pp. 9, 12, 39– deliveries. The petitioners surveyed is laying off workers or shutting down 41, 52–53, 55, 74–76, 92–95, 107, 112, their members (133 companies plants due to an inability to obtain 124–127, 131–132, 137, 154, 156–157, according to membership lists attached scrap. The record also does not reflect and 159–161. The petitioners stated that as Exhibit 1 to the petition) to ascertain that the industry has been unable to one unnamed brass mill reported that if any company had requested that satisfy customer orders to date. See ‘‘delays in sourcing input material deliveries be delayed, and advised the Hearing Transcript, pp. 23–24, 112–113, resulted in a cumulative equivalent of Department that, of the eight producers 126–127, and 161. 11 days of lost production’’ during the responding to their inquiry, none first quarter of 2004, and at the hearing reported delaying ‘‘purchasing copper- 9 One of the company officials noted that his three witnesses for the petitioners stated based scrap offered by scrap dealers company may have delayed some scrap deliveries in April 2004 due to the shutdown of a furnace for that supply availability had affected because such scrap was not needed.’’ regular maintenance. See Statement of Edward their companies’ production schedules. See Petitioners’ Final Comments (June Kerins, Jr., Cambridge-Lee Industries (July 12, See Petitioners’ Supplemental 7, 2004), p. 10. After the closing of the 2004), p. 2.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.005 44498 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

ISRI also suggests that there are definition of obsolete copper scrap copper-based scrap shortage. According extensive potential reserves of obsolete ‘‘consists of copper contained in to U.S. Geological Survey data, there has copper-based scrap in the United States. installed or in-place products in the been only a marginal increase in brass See Nathan Associates Inc., The U.S. economy.’’ See Nathan Associates mill consumption of cathode as a National Inventory of Obsolete Copper Study, p. i. percentage of total feedstock since 1999, Scrap: Accumulation and Availability, As discussed above, the petitioners with cathode accounting for 28.3 1982–2003 (May 2004) (‘‘Nathan state that shortages of copper-based percent of total brass mill feedstock Associates Study’’). However, the scrap have been reflected in the consumption in 1999 and 30.8 percent increased substitution of copper cathode Department has not relied on this study in 2003. During the first four months of for copper-based scrap. The Department because the study does not demonstrate 2004 (the most recent data available), has found that there is no quantitative that these ‘‘potential reserves’’ are evidence suggesting that U.S. brass mills cathode has accounted for 27 percent of readily available for use by copper scrap have been extensively switching to brass mill feedstock consumption. See consuming industries. The study’s cathode in response to an alleged Table 1.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4725 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.006 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44499

As discussed above, the petitioners The petitioners allege that ‘‘there are Final Comments (June 7, 2004), p. 4. also state that shortages of copper-based no factors other than exports that serve ISRI also states that ‘‘[t]he domestic scrap have been reflected in the to explain domestic shortages and price for copper scrap typically mirrors decrease of copper-based scrap stock increased prices for copper-based scrap the world market price for such scrap, levels. The Department has found that in the United States.’’ See Petitioners’ which is dictated by the global market the domestic copper-based scrap stock Initial Comments (May 13, 2004), p. 14. price for copper metal.’’ See ISRI Initial level at brass mills; smelters, refiners, The petitioners state that foreign buyers Comments (May 13, 2004), p. 2. and ingot makers; and foundries has are ‘‘paying above market-levels and declined 36 percent from 1999–2003. agreeing to preferential sales terms to Based on evidence gathered during However, the level of copper-based U.S. scrap dealers in order to obtain’’ the course of the review, the Department scrap stocks has remained relatively copper-based scrap. See Petition, pp. concluded that the overall price of constant as a percent of consumption of 19–20. The petitioners provided copper scrap tracks the price of copper copper-based scrap during this period. testimony and articles from the trade cathode, as traded on global commodity According to U.S. Geological Survey press to substantiate these claims. The exchanges. See Chart 7.11 While the rise data, copper-based scrap stocks were petitioners also state that increased in exports in copper-based scrap has equal to 5.5 percent of domestic copper-based scrap exports have led to been a factor influencing the increase in consumption in 1999, 5.1 percent in higher domestic copper-based scrap domestic copper scrap prices, it is the 2000, 4.9 percent in 2001, 5.3 percent in prices by reducing available domestic world supply and demand for copper 2002, and 5.0 percent in 2003.10 supplies. Id., p. 20. The petitioners that has been the most important cause Determination 3: Whether exports of provided testimony and written of any increase in the price of copper- such material are as important as any comments to substantiate their based scrap. other cause of a domestic price increase assertions. or shortage relative to demand found During the public hearing, the under clause (ii). 11 See also Exhibit 6 to Petitioners’ Initial Department requested a copy of the Comments (May 27, 2004); testimony of Michael For the reasons set forth below, the petitioners’ analysis that there were no Department has determined that exports Kerwin, on behalf of petitioners (‘‘the price of scrap factors, other than exports, that have essentially keys off of * * * the COMEX price’’), of copper-based scrap are not as caused the alleged shortage. See Hearing Hearing Transcript, p. 61; testimony of Roy Allen, important as any other cause of the on behalf of petitioners (‘‘these rising prices Transcript, pp. 83–84. The petitioners certainly reflect general increases in world copper domestic price increase relative to have not provided the requested data. demand found under Determination 2, prices that have taken place, as reflected by the ISRI counters the petitioners’ commodity exchanges’’), Hearing Transcript, p. 92; above. assertions by stating that ‘‘[a]ny impact testimony of Jeffrey Burghardt, on behalf of that the increase in exports might have petitioners (‘‘copper-based scrap in the U.S. is 10 See Table 10, U.S. Geological Survey, Minerals priced at a negotiated discount or premium relative Yearbook: Copper, 2000–2002. Preliminary 2003 had on scrap prices is marginal at best to the COMEX price for copper cathode’’), Hearing data provided by U.S. Geological Survey. and impossible to quantify.’’ See ISRI Transcript, p. 122.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44500 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

The global market for copper cathode, Metal Market (February 9, 2004). Thus, copper scrap prices is less than that in turn, is driven by factors such as global copper supplies were unable to experienced in earlier periods (e.g., copper mining developments (e.g., mine respond quickly to increased global 1986–1989 and 1993–1995), the rate of shutdowns or new investments), copper demand resulting from rapid increase in export quantities from 1999– developments in the refining sector growth in Asia and increased demand in 2003 appears to have occurred at the (e.g., changes secondary copper the United States. See International same or greater level as the rate smelting and refining capacity), and Copper Study Group (‘‘ICSG’’), Press recorded in earlier periods. See Chart 8. copper demand. See ISRI Initial Release: Forecast 2004–2005 (May 19, This relationship undermines the claim 12 Comments (May 13, 2004), pp. 10–11. 2004). Accordingly, world market that domestic copper scrap prices are The supply from copper mines, in prices have seen a sharp increase that highly related to the increase in export particular, has been a critical factor in correlates to the increase in domestic volumes and suggests that the recycling recent price fluctuations. During the prices. The ICSG also reports that Chile industry is searching for new markets past several years, prices for copper and the PRC are or will be releasing for the scrap that can no longer be have been low and production was copper from stockpiles in 2004. In 2005, reduced as a result. See ‘‘Codelco sets copper mines in Indonesia are processed in the United States. Indeed, copper production target of 1.6M anticipated to be operating at full the overall level of global copper scrap tonnes, up 3.5%,’’ American Metal capacity, and certain mines will be consumption decreased approximately Market (March 20, 2003). More recently, reopening in North America. Id. 15 percent from 1999–2003 according to the mining companies have suffered In addition, historically the rate of unpublished ICSG data. Given the from labor problems and natural copper scrap price increases does not integration of global scrap trade, this disasters that have impeded supply. See correspond closely to the rate at which decrease makes it unlikely that scrap ‘‘A Strike here, a landslide there * * * copper scrap exports increased. While consumption trends are responsible for behind the pinch in copper,’’ American the rate of the recent 1999–2003 rise in the run-up in scrap prices.

12 The International Copper Study Group, established in 1992, is an intergovernmental organization that serves to increase copper market transparency and promote internaitonal discussions and cooperation on issues related to copper.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.007 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44501

Finally, there have been a number of rate of approximately 20 percent. See The Department, working with the foreign governmental actions that may Copper Development Association Inc., Office of the United States Trade have affected the price and supply of Table 4, Technical Report: The U.S. Representative and the Department of copper scrap, including Russia’s export Copper-based Scrap Industry and Its By- State, is continuing to gather restriction on copper-based scrap. In products—2003 (December 2003). information regarding these alleged 1998, Russia was the leading exporter of Russia’s withdrawal from the copper practices, to examine whether they copper-based scrap, with exports scrap export market in 1999 may have constitute unfair trade practices, such as totaling 357,000 MT. See Copper influenced the global availability of subsidies or discriminatory treatment, Development Association Inc., Table 3, copper-based scrap. that may be addressed under U.S. law Technical Report: The U.S. Copper- or international rules. We note that the The petitioners also have cited several based Scrap Industry and Its By- PRC will require that all companies products—2003 (December 2003). Chinese government practices that they seeking to ship scrap to China be However, in 1999, the Russian allege are spurring scrap exports to licensed by China’s General government imposed an export tax on China. First, the petitioners state that it Administration of Quality Supervision, copper scrap that effectively removed is their understanding that the PRC Inspection and Quarantine (‘‘AQSIQ’’). the country from the copper scrap applies a value-added tax (‘‘VAT’’) of 17 AQSIQ has announced that it will bar export market. This export tax may have percent on imports of copper-based non-licensed vendors from unloading had an impact on global copper scrap scrap and then rebates 30 percent of this scrap in China on November 1, 2004. prices and supply. As the export tax was VAT to the importer. See Petitioners’ The application deadline for exporters phased in, Russian exports of copper Final Comments (June 7, 2004), p. 20. is August 1, 2004. According to AQSIQ, scrap dwindled. See ‘‘Copper, nickel Second, the petitioners claim that the license requirement is intended to gains bring out supply,’’ American ‘‘additional subsidies’’ beyond the VAT reduce the amount of dangerous Metal Market (February 11, 1999), and rebate are provided to downstream contaminated scrap being imported into ‘‘Unpredictable Behavior: The Story of Chinese products that incorporate China. Copper and Brass,’’ Recycling Today copper-based scrap. Id. Third, they Determination 4: Whether a domestic (April 2000). The Russian export tax claim that copper-based scrap is either price increase or shortage relative to was imposed at the beginning of the undervalued and/or assessed at a lower demand found under clause (ii) has 1999–2002 time period when global duty rate due to mis-classification when significantly adversely affected or may demand for copper scrap increased at a it is imported into China. Id., p. 21. significantly adversely affect the

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.008 44502 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

national economy or any sector thereof, Sectoral Analysis discount ‘‘resulted in a direct cost to the including a domestic industry. To demonstrate the adverse effect on brass mill industry of $32,306,135 For the reasons set forth below, the their industry, the petitioners focus on annually,’’ based on 2003 consumption Department has determined that the trends in the price differentials (or levels. Id. domestic price increase relative to ‘‘discounts’’) that exist between copper In its evaluation of this issue, the demand found under Determination 2, scrap and copper cathode. This issue is Department reviewed the change in above, has not significantly adversely of particular importance to the price differentials between 1999–2003 affected and likely will not significantly petitioners because the ‘‘pricing of and the first two quarters of 2004. The adversely affect the national economy or copper and copper-alloy finished Department chose these periods for any sector thereof, including a domestic products by brass mills generally takes review due to the fact that the industry. account of prevailing market prices for petitioners have argued that the overall The petitioners allege that the copper copper cathode.’’ See Petition, p. 28. increase in copper-based scrap exports scrap price increase has caused higher This pricing mechanism, in part, limits began in 1999. See Petition, p. 10. For material acquisition costs for primary the brass mills’ ability to ‘‘pass through’’ brass mills and secondary fabricators of the 1999–2003 period, the Department the increased costs of manufacturing sheet, tube, plate, and rod. They state determined that the price differential for associated with the rise in copper scrap that these higher costs, in turn, reduce No. 1 copper scrap decreased by only 3 prices. Brass mill products are often profit margins. See Petition, pp. 28–29. percent, falling from 1.23 cents per made with copper-based scrap, not just pound in 1999 to 1.19 cents per pound National Economy cathode, and if the price for copper in 2003. This period shows a The primary industries that use scrap increases and the price for copper significantly smaller decline in copper-based scrap include four cathode does not exhibit a discounts than the 2001–2003 period industries with the following North commensurate increase, profit margins highlighted by the petitioners (from American Industry Classification are narrowed via a cost-price squeeze. 2001–2003 the discount for No. 1 System (‘‘NAICS’’) codes: (1) Copper Id., pp. 28–29. copper scrap declined by 59 percent). The petitioners argue that the rolling, drawing, and extruding (NAICS Further, during the first six months of industry faced such a scenario from 331421); (2) copper wire (except 2004, the price differential for No. 1 mechanical) drawing (NAICS 331422); 2001–2003. The petitioners state that the discount for No. 1 copper scrap, copper scrap decreased by only 3 (3) secondary smelting, refining, and percent compared to the same period in alloying of copper (NAICS 331423); and relative to copper cathode prices, decreased from 2.95 cents per pound in 2003, falling from 1.21 cents per pound (4) copper foundries (NAICS 331525). in January–June 2003 to 1.18 cents per According to data published in the 2001 to 1.21 cents per pound in 2003, a difference of 1.74 cents per14 pound. pound in January–June 2004. See Table Census Bureau’s Annual Survey of 2. Manufactures (2003), the sum of the See Petition, p. 28. The petitioners note Moreover, there is insufficient value added by these four industry that this decrease in discounts was due evidence that the current discount sectors was $3 billion in 2001 (the most to ‘‘increased exports and reduced scrap levels for No. 1 copper scrap are caused recent data available). These primary supply.’’ Id. Furthermore, the by increased exports. Petitioners industries appear to have accounted for petitioners state that this narrowing submitted data regarding historical less than 1 percent of the $10.1 trillion discount levels. See Petitioners’ Final Gross Domestic Product of the United administers the Defense Priorities and Allocations Systems (‘‘DPAS’’) regulations to ensure the timely Comments (June 7, 2003), pp. 4–7 and States. These economic data do not availability of industrial products and materials to Exhibit 1. A decline in discount levels demonstrate that a significant increase meet current national defense and emergency in price or a shortage of copper-based preparedness requirements. See 15 CFR Part 700. for No. 1 copper scrap occurred from the scrap relative to demand has The DPAS is maintained under the authority of mid-1990s to the late-1990s. However, Titles I and VII of the Defense Production Act of significantly or will significantly affect U.S. exports of unalloyed copper scrap 1950, as amended (50 U.S.C. app. 2061, et. seq.); did not increase significantly during the national economy.13 Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195, et. seq.); this period. See Chart 9. The 13 Supporters of the petition note that copper- Section 18 of the Selective Service Act of 1948 (50 Department compared No. 1 copper based scrap shortages could affect U.S. industry’s U.S.C. app. 468);10 U.S.C. 2538; 50 U.S.C. 82; scrap discounts with unalloyed copper ability to support U.S. national security, citing Executive Order 12919, as amended (3 CFR, 1994 scrap exports from 1983–2003 and Comp. 901); Executive Order 12742, as amended (3 copper’s use by the ammunition industry as an determined that the discount for No. 1 example. See Petitioners’ Final Comments (June 7, CFR, 1991 Comp. 309); and Executive Order 12656, 2004), p. 16 and Letter from Senator Arlen Spector as amended (3 CFR, 1988 Comp. 585). copper scrap does not track U.S. exports to Donald L. Evans, Secretary of Commerce (June 14 According to U.S. Geological Survey data, No. of unalloyed copper scrap. Accordingly, 14, 2004), p. 2. The record does not demonstrate 1 copper scrap accounted for approximately 45 the decline in discount levels does not that the U.S. defense industry has been unable to percent of U.S. brass mills’ scrap consumption in appear to have been caused by any satisfy national defense requirements to date due to 2003. See Table 10, U.S. Geological Survey, Copper a shortage of copper-based scrap. The department in December 2003 (March 2004). increase in exports, but by other factors.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44503

The Department also reviewed the this approach is applied to the cents per pound in 2003. However, petitioners’ claim that the decrease in differences between 1999 and 2003 during the first six months of 2004, the discounts has ‘‘resulted in a direct cost discounts (0.04 cents per pound), this price differential has increased by 62 to the brass mill industry of $32,306,135 number declines to $742,669 percent compared to the same period in annually.’’ See Petition, p. 28. In order annually.15 2003, rising from 11.32 cents per pound to reach this number, the petitioners The Department also evaluated the from January–June 2003 to 18.36 cents calculated the difference between the discount for No. 2 copper scrap, as No. per pound from January–June 2004. See 2001 and 2003 discounts for No. 1 2 copper scrap is an input for refiners Table 2. The current discount for No. 2 copper scrap (1.74 cents per pound) and and ingot makers. From 1999–2003, the copper scrap is near the peak of average multiplied that by the 2003 discount for No. 2 copper scrap annual discount levels from 1999–2003. consumption level of copper-based decreased by 25 percent, falling from Id. scrap (1,856,674,437 pounds). Id. When 14.58 cents per pound in 1999 to 10.9

15 Brass mills also negotiate arrangements with scrap from their customers. See Hearing Transcript, different price for that buying arrangement, buy-sell their customers to purchase new scrap generated pp. 86–87, 146–150. Testimony of George arrangement, if you will.’’), Hearing Transcript, pp. during the customers’ manufacturing operations Dykhuizen, on behalf of petitioners (‘‘[t]here’s a 147–148. There are no published data on the through buy-back arrangements. There is no published price for the price of the mill return scrap volume of buy-back arrangements. information in the record concerning the pricing which is not related to the COMEX. * * * Every structure for the brass mills’ repurchase of new mill has just a different, different arrangement, a

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.009 44504 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

The Department also concluded that request for detailed information Bureau’s Annual Survey of price discounts for copper scrap have regarding such adverse effects. See Manufactures.17 Although the Census been determined not only by domestic Hearing Transcript, pp. 72, 133. The Bureau has published data through supply, which can be influenced by information supported the petitioners’ 2001, the petitioners only provided a exports, but also by domestic demand allegations that declining sales values summary of financial data for 1999, and transportation costs.16 Accordingly, and rapidly increasing material input 2002, and 2003. Accordingly, the the changes in the margins for No. 1 and costs have reduced the operating profits Department was unable to perform No. 2 copper scrap exhibited between for the six companies from 11 percent further calculations. Moreover, 1999–2003 and during the first two in 1999 to 2 percent in 2003. See petitioners have not provided quarters of 2004 were caused not only Petitioners’ Final Comments (June 7, information that the companies have by changes in domestic supply of scrap, 2004), Exhibit 5. been forced to shut down, or reduce but also by fluctuations in U.S. demand Accordingly, as to a specific sector of employment, or have been unable to and transportation costs. the national economy, there appears to satisfy customer orders. Indeed, their In addition to addressing the impact be some evidence of reduced profits at responses indicate that these effects of declining discounts, the petitioners the primary producer level. However, have not occurred. Thus, the evidence provided aggregate financial this evidence is from a limited sample does not demonstrate the requisite information on six major brass mills (17 that may not be representative of the adverse effects to satisfy the percent of the 35 brass mills operating entire industry. It is possible that other requirements of this determination. in the United States) to help quantify members of the industry have become Equally important, the evidence does the impact of increased exports and more profitable over this time period. In not demonstrate that the reduced reduced supplies of copper-based scrap addition, the petitioners did not profitability experienced by some on the industry. This information estimate the six brass mills’ share of the members of the brass mill industry was partially responded to the Department’s industry’s total net sales. The caused by a domestic price increase or Department has calculated that the 1999 shortage, as the statute requires. The 16 The American Metal Market scrap prices revenues of the six brass mills include the cost of transportation of the scrap from accounted for 12.7 percent of the total 17 Copper rolling, drawing, and extruding (NAICS the recycling facility to the processing facility’s shipments (revenues) for the four 331421); copper wire (except mechanical) drawing yard, ‘‘[e]stimated dealer buying prices, in ¢/lb, (NAICS 331422); secondary smelting, refining, and delivered to yard.’’ See American Metal Market primary industries that used copper- alloying of copper (NAICS 331423); and copper Nonferrous Scrap Prices. based scrap, based on the Census foundries (NAICS 331525).

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 EN26JY04.010 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44505

reduced profitability may be due, in The statute also requires that the For the same reason, it is not necessary part, to other factors, such as a Department consider whether increased to monitor such exports. significant decline in sales values. In prices or shortages may, in the future, Furthermore, based on a review of the 1999, the year when the six brass mills’ significantly adversely affect the record, there is insufficient evidence to operating profits were 11 percent of net domestic industry. As noted, exports of determine whether export controls sales, their net sales value was $1,263.4 copper-based scrap are not as important would increase the supply of copper- million. See Petitioners’ Final as any other determinant in these based scrap or lower its domestic Comments (June 7, 2004), p. 17. In 2003, current price increases and supply price.19 The Department therefore finds when their operating profits dropped to levels, and there are no indications at that it is appropriate to act with caution 2 percent of net sales, their net sales this time, based on the record, that in imposing controls, absent a more value was only $1,012.7 million—a drop significant adverse effects may result precise understanding of the likely of over $250 million, or approximately from current trends. Moreover, given the impact of these actions. We requested 20 percent. A 20 percent drop in sales inherently predictive nature of this this information from interested parties, may reduce operating profits, as it analysis, it is appropriate to proceed but did not receive any relevant becomes more difficult for a company to with caution.18 analysis. See Bureau of Industry and cover its fixed costs. In addition, higher In sum, the record does not indicate Security, Copper and Brass Scrap Short energy and transportation costs appear that the price increases have Supply Petition: Additional Questions to have burdened the industry. significantly adversely affected or may for Interested Parties, Supply and Accordingly, the Department has significantly adversely affect the Demand Considerations, questions 15– insufficient data to determine the extent national economy or any sector thereof. 19.20 to which the reduced profitability is due Determination 5: Whether monitoring Regarding monitoring, the Department to a domestic price increase or shortage, or controls, or both, are necessary in is concerned that imposing monitoring versus other factors. order to carry out the policy set forth in would result in significant record- Petitioners further allege adverse section 3(2)(C) of this Act. keeping and reporting burdens on U.S. effect to a sector of the national For the reasons set forth below, the industry. The imposition of monitoring economy to the extent that they have Department has determined that neither would require that exporters of copper- been able to pass along higher material monitoring nor controls is necessary in based scrap report to the Department all acquisition costs to their customers. order to carry out the policy set forth in actual and anticipated exports, the They claim that such increases are Section 3(2)(C) of the EAA. destination by country, and the resulting in higher prices for copper- Section 3(2) of the EAA states that: domestic and worldwide price, supply, based products. They allege that these [i]t is the policy of the United States and demand for such scrap. The higher prices for copper-based products to use export controls only after full Department would then be required to are causing economic harm that calls consideration of the impact on the aggregate the information submitted and into question the economic viability of economy of the United States and only publish the aggregated statistics on a their customers’ continuing production to the extent necessary— weekly basis. in light of competition from lower cost *** Determinations: (C) to restrict the export of goods imports and possible substitution of 1. The volume of exports of copper- where necessary to protect the domestic lower cost alternatives for copper based scrap has increased significantly economy from the excessive drain of products. See Petition, p. 29. over the time period presented in the According to the Bureau of Labor scarce materials and to reduce the petition, 1999–2003 and year-to-date Statistics, there have been increases in serious inflationary impact of foreign 2004. Decreased domestic consumption, the prices for copper products (i.e., rod, demand. bar, sheet, strip, and plate), but the data As addressed in Determination 2, including the closure of the last are insufficient to determine the there is insufficient evidence to independent U.S. secondary smelter, percentage of such increases attributable establish a shortage of copper-based has been an important factor in the rise to the rise in copper-based scrap prices scrap, and, as addressed in of exports. Accordingly, the increase in as distinguished from other factors. See Determination 4, there is insufficient exports is somewhat less significant Bureau of Labor Statistics, Producer evidence to establish that exports of when it is considered in relation to Price Indices, Copper & Alloy Rod, Bars copper-based scrap are having a 19 Indeed, there is some evidence that restricting & Shapes (NAICS 3314213); Copper & significant adverse effect on the exports will increase the price of copper-based Alloy Sheet, Strip & Plate (NAICS domestic economy or a sector thereof. scrap due to global supply and demand. See ISRI 3314217); and Copper & Alloy Pipe and Accordingly, the Department has Final Comments, p. 20. Tube (NAICS 3314219). These findings determined that it is not necessary to 20 We note that ISRI has argued that imposing and the information available on the export controls would be a violation of Article XI restrict exports of copper-based scrap in of the General Agreement on Tariffs and Trade record do not demonstrate that material order to protect the domestic economy (GATT) 1994. See, e.g., Supplemental Comments of acquisition costs for copper-based scrap from the excessive drain of scarce Patton Boggs LLP (May 27, 2004), pp. 3–5. have translated into U.S. companies and materials and to reduce the serious Petitioners argue the contrary. See, e.g., Petitioners’ consumers purchasing lower cost Final Comments (June 7, 2004), pp. 21–24. Because inflationary impact of foreign demand. the Department has determined that the standard imported brass/copper fittings and for relief under U.S. law has not been met, we do related products or substituting lower 18 By way of analogy, U.S. trade law provides that not reach the issue of whether it would violate U.S. cost alternatives for copper products. the U.S. International Trade Commission shall not GATT 1994 obligations if export controls were Accordingly, while at least some base a finding of ‘‘threat’’ of material injury on imposed in this case. However, we consider it very ‘‘mere conjecture or supposition.’’ 19 U.S.C. important that the United States, and other petitioners have experienced reduced 1677(7)(F)(2) (2004). See also Agreement on countries that maintain or may consider imposing profit margins over the past several Implementation of Article VI of the General export controls for short supply reasons, act years, they have not established that the Agreement on Tariffs and Trade 1994, Annex 1A, consistently with the relevant GATT 1994 higher prices of copper-based scrap Agreement Establishing the World Trade obligations. GATT Article XI requires, in particular, Organization, Apr. 15, 1994, reprinted in H.R. Doc. that such controls (1) be ‘‘temporarily applied,’’ (2) have had a significant adverse impact No. 316, 103d Cong., 2d Sess. 1453 (1994), Article respond to ‘‘critical shortages,’’ and (3) involve on their activities or those of their 3.7 and Article 3.8 (threat cases ‘‘shall be ‘‘products essential to the exporting contracting customers. considered and decided with special care.’’). party.’’

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44506 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

domestic demand, as required by the Dated: July 21, 2004. of this order based on responses from statute. Kenneth I. Juster, the domestic and respondent interested 2. Copper scrap prices have increased Under Secretary of Commerce for Industry parties to the notice of initiation. The significantly during the time period and Security. Department’s preliminary results of this review were scheduled for July 20, presented in the petition, 1999–2003 [FR Doc. 04–16947 Filed 7–23–04; 8:45 am] 2004. However, several issues have and year-to-date 2004. However, the BILLING CODE 3510–33–P arisen regarding the revised net subsidy evidence does not demonstrate the rate of the order with respect to Thyssen existence of a shortage. DEPARTMENT OF COMMERCE Krupp Acciai Speciali Terni (‘‘TKAST’’) 3. The world market for copper and its effect on this sunset review. See cathode, not the level of U.S. exports of International Trade Administration Notice of Implementation Under Section copper-based scrap, is the most [C–475–823] 129 of the Uruguay Round Agreements important determinant in the Act: Countervailing Measures fluctuation of domestic copper scrap Stainless Steel Plate in Coils From Concerning Certain Steel Products From prices. Italy; Preliminary and Final Results of the European Communities, 68 FR Full Sunset Review of Countervailing 64858 (November 17, 2003). 4. The evidence does not demonstrate Duty Order Because of the numerous, complex a significant adverse effect on the issues in this proceeding, the national economy or any sector thereof AGENCY: Import Administration, Department will extend the deadlines. resulting from the domestic copper International Trade Administration, Thus, the Department intends to issue scrap price increase. Department of Commerce. the preliminary results on or about 5. Monitoring, export controls, or ACTION: Notice of Extension of Time August 18, 2004 and the final results on both, are unnecessary at this time in Limit for Preliminary and Final Results or about December 29, 2004 in of Full Sunset Review: Stainless Steel order to achieve the policy of EAA accordance with section 751(c)(5)(B). Plate in Coils from Italy. Section 3(2)(C). Dated: July 19, 2004. Under Section 7(c)(3)(A) of the EAA, SUMMARY: The Department of Commerce Holly A. Kuga, the Department has determined that, in (‘‘the Department’’) is extending the Acting Assistant Secretary for Import light of the determinations set forth time limit for its preliminary and final Administration. above, neither export controls nor results in the full sunset review of the [FR Doc. 04–16977 Filed 7–23–04; 8:45 am] countervailing duty order on stainless BILLING CODE 3510–DS–P monitoring is necessary in order to carry 1 out the policy set forth in Section steel plate in coils (‘‘SSPC’’) from Italy. The Department intends to issue 3(2)(C) of the EAA. preliminary results of this sunset review DEPARTMENT OF COMMERCE However, given the increase in prices on or about August 18, 2004. In and exports in the recent years, the addition, the Department intends to International Trade Administration Department will work with its Bureau of issue its final results of this review on Export Trade Certificate of Review the Census to refine the Schedule B or about December 29, 2004 (120 days classifications for copper-based scrap in after the date of publication in the ACTION: Notice of application to amend order to better delineate the varieties of Federal Register of the preliminary an export trade certificate of review. scrap that are being exported. We will results). then review the new data in the coming EFFECTIVE DATE: July 26, 2004. SUMMARY: The Office of Export Trading year. Among other things, this data will FOR FURTHER INFORMATION CONTACT: Company Affairs (‘‘OETCA’’), allow us to determine the extent to Hilary E. Sadler, Esq., Import International Trade Administration, which the copper-based scrap being Administration, International Trade Department of Commerce, has received exported is of a variety that could Administration, U.S. Department of an application to amend an Export otherwise be utilized by the U.S. Commerce, 14th Street & Constitution Trade Certificate of Review copper-based scrap consuming industry. Avenue, NW., Washington, DC 20230; (‘‘Certificate’’). This notice summarizes the proposed amendment and requests We note that the petitioners requested telephone: (202) 482–4340. comments relevant to whether the that this data be obtained. See Hearing Extension of Preliminary and Final Certificate should be issued. Transcript, p. 41. Determinations FOR FURTHER INFORMATION CONTACT: In addition, the Department will work On April 1, 2004, the Department Jeffrey C. Anspacher, Director, Office of closely with the Office of the United initiated a sunset review of the Export Trading Company Affairs, States Trade Representative and the countervailing duty order on SSPC from International Trade Administration, Department of State to address any Italy. See Initiation of Five-Year (202) 482–5131 (this is not a toll-free foreign government practices that are (Sunset) Reviews, 69 FR 17129 (April 1, number) or e-mail at [email protected]. distorting the trade in copper-based 2004). The Department, in this SUPPLEMENTARY INFORMATION: Title III of scrap. For instance, we will encourage proceeding, determined that it would the Export Trading Company Act of Russia and Ukraine to remove their conduct a full (240 day) sunset review 1982 (15 U.S.C. 4001–21) authorizes the restrictions on copper-based scrap Secretary of Commerce to issue Export exports. We will monitor China’s 1 The Department normally will issue its Trade Certificates of Review. An Export preliminary results in a full sunset review not later implementation of its new licensing than 110 days after the date of publication in the Trade Certificate of Review protects the system for scrap metal imports, and will Federal Register of the notice of initiation. holder and the members identified in also evaluate and, as appropriate, However, if the Secretary determines that a full the Certificate from State and Federal respond to Chinese government sunset review is extraordinarily complicated under government antitrust actions and from section 751(c)(5)(C) of the Act, the Secretary may practices that may be spurring exports extend the period for issuing final results by not private treble damage antitrust actions of U.S. copper-based scrap to China. more than 90 days. See section 751(c)(5)(B) of the for the export conduct specified in the Act. Certificate and carried out in

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44507

compliance with its terms and Contact: James R. Archer, Manager, Mission Statement conditions. Section 302(b)(1) of the telephone: (509) 576–8004. I. Description of the Mission Export Trading Company Act of 1982 Application No.: 84–15A12. and 15 CFR 325.6(a) require the Date Deemed Submitted: July 14, The United States Department of Secretary to publish a notice in the 2004. Commerce, International Trade Federal Register identifying the Administration, U.S. Commercial Proposed Amendment: Northwest applicant and summarizing its proposed Service, Office of Export Promotion Fruit Exporters seeks to amend its export conduct. Services is organizing a Franchising Certificate to: Request for Public Comments Trade Mission to Dublin, Ireland, 1. Add each of the following October 4–5, 2004. This event will target Interested parties may submit written companies as a new ‘‘Member’’ of the the service sectors that have potential comments relevant to the determination Certificate within the meaning of for participating U.S. franchisors. whether an amended Certificate should section 325.2(1) of the Regulations (15 be issued. If the comments include any CFR 325.2(1)): John’s Farm LLC, II. Commercial Setting for the Mission privileged or confidential business Brewster, Washington; Pride Packing The franchise sector in Ireland has information, it must be clearly marked Company, Wapato, Washington; and experienced substantial growth in the and a nonconfidential version of the Sage Processing LLC, Wapato, past few years, with 160 systems now comments (identified as such) should be Washington; operating over 1,400 individual units in included. Any comments not marked 2. Delete the following companies as privileged or confidential business Ireland. The industry supports ‘‘Members’’ of the Certificate: Apple approximately 15,000 full-time information will be deemed to be Country, Inc., Wapato, Washington; nonconfidential. An original and five (5) equivalent jobs and during 2002 Carlson Orchards, Inc., Yakima, copies, plus two (2) copies of the generated annual sales of over $1.3 Washington; Jenks Bros. Cold Storage & nonconfidential version, should be billion. The number of franchise units is Packing, Royal City, Washington; Roy submitted no later than 20 days after the expected to reach 2,500 over the next Farms, Moxee, Washington; and J.C. date of this notice to: Office of Export three years. This surge in interest is Watson Co., Parma, Idaho; and Trading Company Affairs, International being met by a healthy supply base of Trade Administration, Department of 3. Change the listing of the following potential master licensees and Commerce, Room 1104H, Washington, Members: ‘‘Brewster Heights Packing, franchisees. DC 20230. Information submitted by any Brewster, Washington’’ to the new The principal business sectors served person is exempt from disclosure under listing ‘‘Brewster Heights Packing & by franchise operations in Ireland are the Freedom of Information Act (5 Orchards, LP, Brewster, Washington’’; food, home improvement, maintenance, U.S.C. 552). However, nonconfidential and ‘‘Chelan Fruit Company, Chelan, business and professional services. The versions of the comments will be made Washington’’ to the new listing ‘‘Chelan U.S. is now the dominant source of available to the applicant if necessary Fruit Cooperative, Chelan, franchises, accounting for 39 percent of for determining whether or not to issue Washington’’. the market, overtaking the U.K. by 9 the Certificate. Comments should refer Dated: July 19, 2004. percent, while indigenous franchises to this application as ‘‘Export Trade Jeffrey Anspacher, account for a further 15 percent. U.S. Certificate of Review, application Director, Office of Export Trading, Company franchises include household names number 84–15A12.’’ Affairs. such as Mail Boxes, Etc., McDonald’s, Northwest Fruit Exporters’ (‘‘NFE’’) [FR Doc. 04–16881 Filed 7–23–04; 8:45 am] TGI Fridays, and Remax. In line with original Certificate was issued on June BILLING CODE 3510–DR–P high growth in the sector, established 11, 1984 (49 FR 24581, June 14, 1984), fast food companies including KFC, and previously amended on May 2, Burger King and Domino’s Pizza have 1988 (53 FR 16306, May 6, 1988); DEPARTMENT OF COMMERCE announced aggressive expansion plans September 21, 1988 (53 FR 37628, to develop a combined total of 140 units September 27, 1988); September 20, International Trade Administration over the next four years. 1989 (54 FR 39454, September 26, 1989); November 19, 1992 (57 FR 55510, Commercial Service Franchising Trade Indigenous franchises are also November 25, 1992); August 16, 1994 Mission contributing to the strong growth of the (59 FR 43093, August 22, 1994); sector, with the rapid expansion of November 4, 1996 (61 FR 57850, AGENCY: International Trade franchises such as Supermacs, November 8, 1996); October 22, 1997 Administration, Department of Abrakebabara, Nector Juice Bars and (62 FR 55783, October 28, 1997); Commerce. Ireland’s most successful domestic and international franchise, O’Briens Irish November 2, 1998 (63 FR 60304, ACTION: Notice to announce franchising November 9, 1998); October 20, 1999 Sandwich Bars. Future growth areas are trade mission to Dublin, Ireland, predicted to include home help, (64 FR 57438, October 25, 1999); October 4–5, 2004. October 16, 2000 (65 FR 63567, October building maintenance, cleaning, 24, 2000); October 5, 2001 (66 FR 52111, restaurant business, small home office FOR FURTHER INFORMATION CONTACT: and childcare facilities. October 12, 2001); October 3, 2002 (67 Office of Business Liaison; Room 5062; FR 62957, October 9, 2002); and Department of Commerce; Washington, III. Goals for the Mission September 16, 2003 (68 FR 54893, DC 20230; Tel: (202) 482–1360; Fax: The Trade Mission’s goal is to gain September 19, 2003). A summary of the (202) 482–4054. application for an amendment follows. first-hand market information and SUPPLEMENTARY INFORMATION: provide access to key government Summary of the Application Franchising Trade Mission, Dublin, officials and potential business partners Applicant: Northwest Fruit Exporters, Ireland for new-to-market, and new-to-export 105 South 18th Street, Suite 227, U.S. franchises desiring to enter the Yakima, Washington 98901–2149. October 4–5, 2004. Ireland’s promising market.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44508 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

IV. Scenario for the Mission Dated: July 26, 2004. strengthen IPR protection, U.S. industry Nancy Hesser, representatives continue to report Mission participants will arrive in Industry Sector Manager, Export Promotion instances of counterfeiting (particularly Dublin on or before October 3, 2004 Services. of brand names), copyright where they will have two days (October [FR Doc. 04–16908 Filed 7–23–04; 8:45 am] infringement, piracy, and inadequate/ 4–5, 2004) of business meetings with BILLING CODE 3510–DR–P inconsistent enforcement of the potential master franchisees interested regulations. in their concept. The post will also Distribution and Trading Rights— organize a business reception on the DEPARTMENT OF COMMERCE China’s WTO commitments call for the evening of October 4, 2004, to give the phasing-out (over a three-year period) of participants an opportunity to meet International Trade Administration certain restrictions on foreign with potential partners. The mission companies to market, transport, and will officially conclude on the evening Consumer Goods Trade Policy Mission service/support their products in the of October 5, 2004. AGENCY: International Trade domestic Chinese market. They also call This mission will be promoted Administration, Department of for continued efforts to liberalize import through the following avenues: Export Commerce. and export regulations. U.S. consumer goods industry representatives are Assistance Centers and the franchising ACTION: Notice to announce consumer team; industry newsletters; Federal hopeful that recently announced goods trade policy mission to Beijing, changes regarding these regulations will Register; relevant trade publications and China, November 8–9, 2004. associations; past trade mission lead to increased market access. Standards—China’s WTO participants; various in-house and FOR FURTHER INFORMATION CONTACT: commitments call for it to bring its purchased industry lists and on the Office of Business Liaison; Room 5062; technical regulations and standards into Commerce Department trade mission Department of Commerce; Washington, accordance with the WTO Agreement DC 20230; Tel: (202) 482–1360; Fax: calendar. Web site: http:// on Technical Barriers to Trade. U.S. _ (202) 482–4054. www.export.gov/comm svc/ consumer goods industry tradeevents.html. SUPPLEMENTARY INFORMATION: representatives continue to report V. Criteria for Participant Selection Consumer Goods Trade Policy Trade concerns regarding the progress of these Mission, Beijing, China reforms, particularly with respect to —Relevance of company’s products and standards issues. services to mission goals; November 8–9, 2004. Urban Motorcycle Restrictions—Most —Potential for business in the market; Mission Statement major Chinese cities have enacted restrictions on the use and ownership of I. Description of the Mission —Timely submission of company’s motorcycles. Beijing was the first city to completed application and payment The International Trade restrict the development of motorcycle of participation fee; Administration’s Office of Consumer usage in 1989, followed by more and —Provision of adequate information on Goods, Office of China Economic Area, more urban areas, with the trend company’s products/services and and U.S. Commercial Service is accelerating especially after 1996. communication of the company’s sponsoring a consumer goods trade Today, well over 100 large and medium primary objectives to facilitate policy mission to Beijing, China, sized cities have enacted various appropriate appointments with November 8–9, 2004. This event will restrictions on the usage or ownership potential business partners; target sectors of the U.S. consumer of motorcycles. goods industry involved in trade with —Certification that company’s products China. Targeted trade policy mission III. Goals for the Mission or services are manufactured in the participants will include representatives The objective of the mission is for U.S. or if manufactured outside of the from U.S. firms specializing in representatives of the U.S. consumer U.S. the product/service must be consumer goods. The Department of goods industry to meet with Chinese marketed under the name of a U.S. Commerce’s Assistant Secretary for officials to discuss the above issues firm and have a U.S. content Trade Development will lead the (intellectual property rights, distribution representing at least 51 percent of the mission. and trading rights, standards, urban value of the finished product/service; motorcycle restrictions) in an effort to —Any partisan political activities of an II. Commercial Setting for the Mission expand their activities to provide applicant, including political Many firms would like to expand products to the Chinese consumer contributions, will be entirely their exports to the large Chinese market. irrelevant to the selection process. consumer market. China is the top source of U.S. imports of many key IV. Scenario for the Mission Recruitment will begin immediately consumer goods products, yet some U.S. The Consumer Goods Trade Policy and will close on August 6, 2004 firms feel they are not afforded the same Mission will take place over a two-day approximately 6 weeks prior to the start market access to the Chinese market. period of meetings in Beijing. The U.S. of the mission. The budget is based on The major issues, as expressed by U.S. Commercial Service will provide market 10 companies and the participation fee consumer goods representatives, are as briefings and schedule appointments will be $1,700 per company. follows: with appropriate government officials Contact Information: Sam Dhir, Intellectual Property Rights—Since involved with the consumer goods Project Manager, Office of Trade Events joining the World Trade Organization industry. The purpose of the meetings Program, U.S. Commercial Service, U.S. (WTO), China has strengthened its laws would be for representatives of the U.S. Department of Commerce, Room 2118, and regulations to comply with the consumer goods industry to meet with Washington, DC 20230, Tel: 202–482– WTO Agreement on Trade-Related Chinese officials to discuss current 4756; Fax; 202–482–0178. E-mail: Aspects of Intellectual Property Rights issues relating to the aforementioned [email protected]. (TRIPs). Despite China’s efforts to issues and U.S.-China bilateral trade of

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44509

consumer goods products, and to share Recruitment for the mission will stronger algorithm specified by FIPS ideas on ways to strengthen this begin no later than July 2004 and 197, Advanced Encryption Standard relationship. conclude no later than September 10, (AES) instead. NIST proposes issuing 2004. TDEA implementation guidance as a Timetable Participants in the Mission must agree NIST Recommendation via its ‘‘Special November 7—Arrive in Beijing to represent the interests of their firms Publication’’ series (rather than as a (individual travel plans to be only, and they may not represent the FIPS) as Special Publication 800–67, determined by participants); activities policies of the U.S. government. Recommendation for Implementation of open. Any partisan political activities the Triple Data Encryption Algorithm November 8—Briefing for mission (including political contributions) of an (TDEA). delegates with Beijing consultative staff. applicant are entirely irrelevant to the DATES: Comments on the proposed Delegation participants expect to meet selection process. withdrawal of DES must be received on with officials from the National Costs or before September 9, 2004. Development and Reform Commission ADDRESSES: Official comments on the (NDRC), the Ministry of Commerce $950 per participant. Budget breakdown available upon request. proposed withdrawal of DES may either (MOFCOM), the Ministry of Information be sent electronically to (MII), and the State Administration for Contacts Information: John Vanderwolf, Charlie Rast, U.S. [email protected] or by regular Quality Supervision and Inspection and mail to: Chief, Computer Security Quarantine (AQSIQ). Department of Commerce, International Trade Administration, Office of Division, Information Technology November 9 ‘‘Delegation will Consumer Goods, ITA/TD/TACGI/OCG, Laboratory, ATTN: Comments on continue meetings with officials from Room 3013, Fax: 202–482–1388, John Proposed Withdrawal of DES, 100 the aforementioned government Vanderwolf—Tel: 202–482–0348; E- Bureau Drive, Stop 8930, National agencies. mail: [email protected], Institute of Standards and Technology, November 10—Mission delegation Charlie Rast—Tel: 202–482–4034; E- Gaithersburg, MD 20899–8930. will depart for the United States, or mail: [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. other destinations. William Barker (301) 975–8443, Dated: July 20, 2004. V. Criteria for Participation [email protected], National Institute of Nancy Hesser, Standards and Technology, 100 Bureau • Relevance of the company’s Industry Sector Manager, Export Promotion Drive, STOP 8930, Gaithersburg, MD business line to mission goals. Services. 20899–8930. Participants must be U.S. citizens [FR Doc. 04–16909 Filed 7–23–04; 8:45 am] SUPPLEMENTARY INFORMATION: In 1977, representing U.S. manufacturing or BILLING CODE 3510–DR–P the Federal government determined service firms in the consumer goods that, while the DES algorithm was industry (exclusive of automobiles, adequate to protect against any practical DEPARTMENT OF COMMERCE consumer electronics, computers and attack for the anticipated 15-year life of accessories, and cosmetics). the standard, DES would be reviewed • Participating firms must be National Institute of Standards and Technology for adequacy every five years. DES is incorporated or otherwise organized now vulnerable to key exhaustion using under the laws of the United States, and [Docket No. 040602169–4169–01] massive, parallel computations. demonstrate that they are at least 51 The current Data Encryption Standard percent U.S.-owned. Announcing Proposed Withdrawal of (FIPS 46–3) still permits the use of DES • Representatives of participating Federal Information Processing to protect Federal government firms must have experience in dealing Standard (FIPS) for the Data information. Since the strength of the with China trade policy issues on behalf Encryption Standard (DES) and original DES algorithm is no longer of their firms. Request for Comments sufficient to adequately protect Federal • Potential for expanding business in AGENCY: National Institute of Standards government information, it is necessary the Chinese market. and Technology (NIST), Commerce. to withdraw the standard. • Minimum of 8 and maximum of 20 ACTION: Notice; request for comments. In addition, NIST proposes the participating in the mission. simultaneous withdrawal of FIPS 74, • Provision of adequate information SUMMARY: The Data Encryption Standard Guidelines for Implementing and Using on the company’s products and/or (DES), currently specified in Federal the NBS Data Encryption Standard and services and communication of the Information Processing Standard (FIPS) FIPS 81, DES Modes of Operation. FIPS company’s primary objectives to 46–3, was evaluated pursuant to its 74 is an implementation guideline facilitate appropriate matching with scheduled review. At the conclusion of specific to the DES. An updated NIST government officials. this review, NIST determined that the Special Publication 800–21, Guideline Mission recruitment will be strength of the DES algorithm is no for Implementing Cryptography in the conducted in an open and public longer sufficient to adequately protect Federal Government, will provide manner, including publication in the Federal government information. As a generic implementation and use Federal Register, posting on the result, NIST proposes to withdraw FIPS guidance for NIST-approved block Commerce Department’s trade missions 46–3, and the associated FIPS 74 and cipher algorithms (e.g., TDEA and AES). calendar—http://www.ita.doc.gov/ FIPS 81. Because it is DES-specific, and DES is doctm/tmcal.html—and other Internet Future use of DES by Federal agencies being withdrawn, the simultaneous Web sites, press releases to the general is to be permitted only as a component withdrawal of FIPS 74 is proposed. and trade media, direct mail and function of the Triple Data Encryption FIPS 81 defines four modes of broadcast fax, notices by industry trade Algorithm (TDEA). TDEA may be used operation for the DES that have been associations and other multiplier for the protection of Federal used in a wide variety of applications. groups, and at industry meetings, information; however, NIST encourages The modes specify how data is to be symposia, conferences, trade shows. agencies to implement the faster and encrypted (cryptographically protected)

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44510 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

and decrypted (returned to original DEPARTMENT OF COMMERCE under the authority of the National form) using DES. The modes included Construction Safety Team Act (Pub. L. in FIPS 81 are the Electronic Codebook National Institute of Standards and 107–231, codified at 15 U.S.C. 7301 et (ECB) mode, the Cipher Block Chaining Technology seq.). (CBC) mode, the Cipher Feedback (CFB) [Docket No.: 040709204–4204–01] Objectives of the WTC Investigation mode, and the Output Feedback (OFB) mode. NIST Special Publication 800– Opportunity for Public To View Fire The objectives of the NIST-led 38A, Recommendation for Block Cipher Test of Floor System as Part of the Investigation are to: Modes of Operation, specifies modes of Federal Building and Fire Safety 1. Determine why and how WTC 1 operation for generic block ciphers. Investigation of the World Trade and WTC 2 collapsed following the Together with an upcoming message Center Disaster initial impacts of the aircraft and why authentication code recommendation, and how WTC 7 collapsed. SP 800–38B, SP 800–38A is a functional AGENCY: National Institute of Standards 2. Determine why the injuries and replacement for FIPS 81. FIPS 81 is and Technology, Department of fatalities were so high or low depending DES-specific and is proposed for Commerce. on location, including all technical withdrawal along with FIPS 46–3 and ACTION: Opportunity for public to view aspects of fire protection, occupant FIPS 74. fire test of World Trade Center floor behavior, evacuation, and emergency NIST invites public comments on the system. response. proposed withdrawal of FIPS 46–3, FIPS 3. Determine what procedures and 74 and FIPS 81. After the comment SUMMARY: The National Institute of practices were used in the design, period closes, NIST will analyze the Standards and Technology announces construction, operation, and comments and make appropriate the opportunity for the public to view maintenance of WTC 1, 2, and 7. recommendations for action to the the fire test of a floor system as part of 4. Identify, as specifically as possible, Secretary of Commerce. the federal building and fire safety areas in current building and fire codes, Future use of FIPS 46–3 by Federal investigation of the World Trade Center standards, and practices that warrant agencies is proposed to be permitted disaster. The test will be conducted by revision. only as a component function of the Underwriters Laboratories, Northbrook, Triple Data Encryption Algorithm or Illinois, on August 25, 2004. Resistance-to-Fire Testing ‘‘TDEA.’’ TDEA encrypts each block DATES: The test is scheduled to be To aid in the analysis of the response three times with the DES algorithm, conducted on August 25, 2004, at of the WTC towers to fires, Underwriters using either two or three different 56-bit Underwriters Laboratories in Laboratories, under a contract from keys. This approach yields effective key Northbrook, Illinois. A preliminary NIST, is carrying out fire endurance lengths of 112 or 168 bits. TDEA is briefing will be given at 9 a.m., followed testing of a typical floor system and considered a very strong algorithm. The by a viewing of the test furnace and individual steel members under the fire original 56-bit DES algorithm can be floor specimen. A conference room has conditions prescribed in the ASTM modified to be interoperable with been set up to view the test remotely, E119 standard test. There will be an TDEA. including video and temperature data. opportunity for interested individuals to Though TDEA may be used for several The test is scheduled to be completed view the fire test scheduled to be more years to encourage widespread by 5 p.m. Members of the public conducted August 25, 2004, at interoperability, NIST instead wishing to view the test will need to Underwriters Laboratories in encourages agencies to implement the submit their request to attend by 5 p.m. Northbrook, IL. stronger and more efficient algorithm e.d.t. on Wednesday, August 4, 2004, A preliminary briefing will be given at specified by FIPS 197, Advanced per the instructions under the 9 a.m., followed by a viewing of the test Encryption Standard (AES) when SUPPLEMENTARY INFORMATION section of furnace and floor specimen. A building new systems. TDEA this notice. NIST will inform selected conference room has been set up to view implementation guidance will be issued attendees if the test is re-scheduled for the test remotely, including video and as a NIST Recommendation rather than a later date. temperature data. The test is scheduled as a FIPS. NIST plans to issue TDEA as to be completed by 5 p.m. NIST will ADDRESSES: The test will be conducted Special Publication 800–67, at the facilities of Underwriters inform selected attendees if the test is Recommendation for Implementation of Laboratories in Northbrook, Illinois. re-scheduled for a later date. the Triple Data Encryption Algorithm Requests to attend the test must be Requests To Attend (TDEA). submitted to Mr. Stephen Cauffman, Up to thirty people will be selected to Authority: Federal Information Processing National Institute of Standards and Standards Publications (FIPS PUBS) are attend the resistance-to-fire floor system Technology, 100 Bureau Drive, Mail test based upon the following factors: issued by the National Institute of Standards Stop 8611, Gaithersburg, MD 20899– and Technology after approval by the • Balanced representation of a broad Secretary of Commerce pursuant to section 8611, or via e-mail ([email protected]) or group of interests, including the 5131 of the Information Technology fax (301–975–4052). engineering profession, public interest Management Reform Act of 1996 and the FOR FURTHER INFORMATION CONTACT: Mr. groups and families of victims, Federal Information Security Management Stephen Cauffman. Mr. Cauffman’s e- emergency responders, standards and Act of 2002, Public Law 107–347. mail address is [email protected], and code making organizations, and media E.O. 12866: This notice has been his phone is 301–975–6051. outlets; and determined not to be significant for purposes SUPPLEMENTARY INFORMATION: The • Time of receipt of request within of E.O. 12866. National Institute of Standards and each group. Dated: July 18, 2004. Technology (NIST) began its building To request an opportunity to attend, Hratch Semerjian, and fire safety investigation of the NIST must receive the following Acting Director, NIST. World Trade Center (WTC) disaster in information via mail to Mr. Stephen [FR Doc. 04–16894 Filed 7–23–04; 8:45 am] September 2002. This WTC Cauffman, National Institute of BILLING CODE 3510–CN–P Investigation, led by NIST, is conducted Standards and Technology, 100 Bureau

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44511

Drive, Mail Stop 8611, Gaithersburg, submitted electronically through the Juvenile Chinook Salmon and Steelhead MD 20899–8611 or via e-mail Federal e-Rulemaking Portal: in the Columbia and Snake River ([email protected]) or fax (301–975–4052) http:www.regulations.gov. Basins. The research has many purposes no later than 5 p.m. (e.d.t.) on August FOR FURTHER INFORMATION CONTACT: and would benefit listed salmon and 4, 2004: steelhead in different ways. In general, • Garth Griffin, Portland, OR (ph.: 503– Name and contact information of 231–2005, Fax: 503–230–5435, e-mail: the purpose of the research is to (a) individual who will be attending; learn how salmonids acquire nutrients • [email protected]). Permit Name and complete address of application instructions are available at from the bodies of dead spawners and organization(s) that individual http://www.nwr.noaa.gov. test three methods of using those represents; and nutrients to increase growth and SUPPLEMENTARY INFORMATION: • Specific group of interest (from survival among naturally produced above list). Species Covered in This Notice salmonids and (b) determine the extent Responses to all requests will be The following listed species and to which juvenile steelhead and chinook mailed, faxed and/or e-mailed, based use marine-derived nutrients and learn evolutionarily significant units (ESUs) upon the information provided to NIST, more about the relationships between are covered in this notice: on August 9, 2004. NIST will also Sockeye salmon (Oncorhynchus juvenile salmonid body size, population inform selected attendees if the test is nerka): endangered Snake River (SR). density, and nutrient uptake. The re-scheduled for a later date. Chinook salmon (O. tshawytscha): research would benefit the fish by Dated: July 18, 2004. threatened natural and artificially helping managers use nutrient enhancement techniques to recover Hratch G. Semerjian, propagated SR spring/summer (spr/ sum); threatened SR fall; threatened listed salmonid populations. Moreover, Acting Director. managers would be able to gain a [FR Doc. 04–16893 Filed 7–23–04; 8:45 am] lower Columbia River (LCR). Steelhead (O. mykiss): threatened SR; broader understanding of the role BILLING CODE 3510–13–P threatened LCR. marine-derived nutrients play in Chum Salmon (O. keta): threatened ecosystem health as a whole. This, in Columbia River (CR). turn, would help inform management DEPARTMENT OF COMMERCE decisions and actions intended to help Authority National Oceanic and Atmospheric salmon recovery in the future. Under these studies, the fish would Administration Scientific research permits are issued in accordance with section 10(a)(1)(A) variously be (a) captured (using seines, [I.D. 071904D] of the ESA (16 U.S.C. 1531 et. seq) and nets, traps and, possibly, electrofishing regulations governing listed fish and equipment) and anesthetized; (b) Endangered and Threatened Species; wildlife permits (50 CFR 222–226). measured, weighed, and fin-clipped; (c) Take of Anadromous Fish NMFS issues permits/modifications held for a time in enclosures in the AGENCY: National Marine Fisheries based on findings that such permits and stream from which they are captured; Service (NMFS), National Oceanic and modifications: (1) are applied for in and (d) released. Both projects call for Atmospheric Administration (NOAA), good faith; (2) if granted and exercised, some juvenile listed fish to be Commerce. would not operate to the disadvantage intentionally killed as part of the research. It is also likely that a small ACTION: Applications for three scientific of the listed species that are the subject of the permit; and (3) are consistent percentage of the fish being captured research permits and one permit would unintentionally be killed during modification. with the purposes and policies of section 2 of the ESA. The authority to the process. In addition, tissue samples SUMMARY: Notice is hereby given that take listed species is subject to would be taken from adult carcasses NMFS has received three scientific conditions set forth in the permits. found on streambanks. research permit applications–and one Anyone requesting a hearing on an Permit 1487 application to modify an existing application listed in this notice should The U.S. Fish and Wildlife Service permit–relating to Pacific salmon and set out the specific reasons why a (FWS) is requesting a 5–year research steelhead. All of the proposed research hearing on that application would be permit to annually capture, handle, and is intended to increase knowledge of appropriate (see ADDRESSES). The release juvenile LCR steelhead, LCR species listed under the Endangered holding of such a hearing is at the chinook salmon, and CR chum salmon. Species Act (ESA) and to help guide discretion of the Assistant The research would take place in Cedar management and conservation efforts. Administrator for Fisheries, NOAA. Creek, a tributary to the Lewis River in DATES: Comments or requests for a Applications Received Washington State. The purpose of the public hearing on the applications or research is to estimate the abundance modification requests must be received Permit 1403 - Modification 1 and determine migration timing of at the appropriate address or fax number The Northwest Fisheries Science recently-metamorphosed lamprey and (see ADDRESSES) no later than 5 p.m. Center is asking to increase the number juvenile salmonids. The research would Pacific daylight-saving time on August of juvenile SR spring/summer chinook benefit the fish by providing 25, 2004. salmon (natural) and SR steelhead they information on the population ADDRESSES: Written comments on the take annually in the Salmon River characteristics and, ultimately, would applications or modification requests subbasin, Idaho. The research help managers assess population should be sent to Protected Resources encompasses two studies: Assessment of responses to recovery measures. Division, NMFS, F/NWO3, 525 NE Three Alternative Methods of Nutrient The FWS proposes to capture the fish Oregon Street, Suite 500, Portland, OR Enhancement (Salmon Carcasses, using rotary screw traps. Once captured, 97232–2737. Comments may also be Carcass Analogues, and Nutrient Pellets) the salmonids would be anesthetized, sent via fax to 503–230–5435 or by e- on Biological Communities in Columbia identified to species, checked for marks mail to [email protected]. River Tributaries, and Utilization of and tags, allowed to recover, and Additionally, comments may be Nutrients from Spawning Salmon by released. The FWS does not intend to

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44512 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

kill any of the fish being captured, but of the study would be incorporated into ADDRESSES: See Supplementary a small percentage may die as an various development and dredge Information section for hearing unintended result of the research disposal plans throughout the lower addresses. activities. Snake River. Written comments on, and requests The UI proposes to capture the fish for, the scoping document should be Permit 1496 using beach seines, minnow traps, and addressed to the Gulf of Mexico Fishery The U.S. Forest Service (USFS) is boat electrofishing equipment. The Management Council, 3018 U.S. requesting a 5–year research permit to captured fish would be anesthetized, Highway 301, North, Suite 1000, annually capture, handle, and release weighed and measured, and released. Tampa, FL 33619; telephone: (813) 228– adult and juvenile LCR steelhead. The The UI does not intend to kill any of the 2815. Comments may be sent by e-mail research would take place in Trout fish being captured, but a small to [email protected]. A copy Creek, a tributary to the Wind River near percentage may die as an intended of the scoping document can also be Carson, Washington. The purpose of the result of the activities. obtained from the Council’s web page: research is to determine what effects This notice is provided pursuant to http://www.gulfcouncil.org. Hemlock Dam has on steelhead section 10(c) of the ESA. NMFS will FOR FURTHER INFORMATION CONTACT: migration and survival. The USFS evaluate the applications, associated Wayne Swingle, Executive Director, intends to examine steelhead migration documents, and comments submitted to Gulf of Mexico Fishery Management patterns, growth, survival, and spatial determine whether the applications Council; telephone: (813) 228–2815. distribution within Hemlock Reservoir. meet the requirements of section 10(a) The research would benefit the fish by of the ESA and Federal regulations. The SUPPLEMENTARY INFORMATION: The providing information on the influence final permit decisions will not be made Council will hold 10 hearings on a the dam has on parr and fry migration, until after the end of the 30–day scoping document to solicit public fish residence time, and fish growth and comment period. NMFS will publish input on the alternative that should be survival in the reservoir. The results of notice of its final action in the Federal used for an amendment that will create the study would be included in the Register. an individual fishing quota (IFQ) program for the commercial red snapper Hemlock Dam Environmental Impact Dated: July 21, 2004. Statement and would help managers fishery. The scoping document Susan Pultz, make recommendations to remedy presented at the hearings will consist of factors causing fish mortality. Acting Chief, Endangered Species Division, the following two parts: the first part The USFS proposes to observe fish Office of Protected Resources, National includes a section on vessel monitoring Marine Fisheries Service. during snorkel surveys and capture fish systems (VMS) with alternatives for using temporary weirs, beach seines, [FR Doc. 04–16959 Filed 7–23–04; 8:45 am] requiring (or not requiring) participants and backpack electrofishing equipment. BILLING CODE 3510–22–S in the red snapper IFQ program to have Once captured, the fish would be VMS to enhance the enforceability of the IFQ program, the second and anesthetized, weighed, and measured. DEPARTMENT OF COMMERCE Scale and stomach contents samples principal part of the scoping document would then be taken, and the fish would National Oceanic and Atmospheric is an IFQ profile which contains be tagged with Passive Integrated Administration numerous alternatives for structuring Transponders, allowed to recover, and the IFQ program. The Council is released. The USFS does not intend to [I.D. 072004B] soliciting public comment on alternatives that it should consider in kill any of the fish being captured, but Fisheries of the Caribbean, Gulf of developing the IFQ program. Persons a small percentage may die as an Mexico, and South Atlantic; Reef Fish with commercial reef fish licenses will unintended result of the research Fishery Management Plan for the Reef be mailed a copy of the scoping activities. Fish Resources of the Gulf of Mexico; document. Permit 1500 Red Snapper; Scoping Hearings Scoping Hearings The University of Idaho (UI) is AGENCY: National Marine Fisheries seeking a 5–year research permit to Service (NMFS), National Oceanic and The scoping hearings will be held at annually capture, handle, and release Atmospheric Administration (NOAA), the following locations and dates juvenile SR sockeye salmon, fall Commerce. beginning at 7 p.m. and concluding no chinook salmon, spr/sum chinook ACTION: Notice of scoping hearings; later than 10 p.m.: salmon, and steelhead. The research request for comments. 1. Wednesday, August 11, 2004, would take place in four reservoirs in Harrah’s Lake Charles Casino Hotel, 505 the lower Snake River. The purpose of SUMMARY: The Gulf of Mexico Fishery North Lakeshore Drive, Lake Charles, the research is to monitor predator and Management Council (Council) will LA 70601; telephone: 337–437–1546; salmonid use of nearshore habitats in hold 10 hearings on a scoping document 2. Thursday, August 12, 2004, the reservoirs and thereby determine the to solicit public input on the alternative Holiday Inn Houma, 210 South short-term potential for increasing that should be used for an amendment Hollywood Road, Houma, LA 70360; salmonid productivity through various that will create an individual fishing telephone: 877–800–9383; habitat-restoration activities. The quota (IFQ) program for the commercial 3. Friday, August 13, 2004, New researchers would monitor salmonid red snapper fishery. Orleans Airport Hilton, 901 Airline habitat use in a number of nearshore DATES: The meetings will be held in Drive, Kenner, LA 70062; telephone: areas both before and after restoration August 2004. See SUPPLEMENTARY 504–469–5000; activities have taken place. The UI INFORMATION for specific dates, times, 4. Monday, August 16, 2004, Holiday would also monitor habitat use in areas and locations. Inn Emerald Beach, 1102 South that receive no treatment. The research Public comments received by mail or Shoreline Boulevard, Corpus Christi, TX would benefit listed fish by helping e-mail that are received in the Council 78401; telephone: 361–883–5731; guide habitat restoration efforts in office by 5 p.m., September 3, 2004, will 5. Tuesday, August 17, 2004, Palacios reservoirs across the region. The results be presented to the Council. Recreation Center, 2401 Perryman,

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44513

Palacios, TX 77465; telephone: 361– ADDRESSES: The workshops will be held 1. July 27, 2004, Steven Le Seafood, 972–2387; in Dulac and Larose, LA; Panama City, 8893 Shrimpers Row, Dulac, LA 70353 6. Wednesday, August 18, 2004, San Pompano Beach and Ft. Pierce, FL; from 11 a.m. to 2 p.m. Luis Resort, 5222 Seawall Boulevard, Charleston, SC; Wanchese, NC; Barnegat 2. July 28, 2004, LaRose civic Center, Galveston Island, TX 77551; telephone: Light, NJ; East Setauket, NY; 307 East 5th St., Larose, LA 70373 from 409–740–8616; Narragansett, RI; and New Bedford, MA. 10 a.m. to 2:30 p.m. 7. Monday, August 23, 2004, MS For specific locations and times see Department of Marine Resources, 1141 SUPPLEMENTARY INFORMATION. 3. July 29, 2004, NMFS Laboratory, Bayview Drive, Biloxi, MS 39530; 3500 Delwood Beach Dr., Panama City, FOR FURTHER INFORMATION CONTACT: telephone: 228–374–5000; FL 32408 from 4 p.m. to 7 p.m. 8. Tuesday, August 24, 2004, Perdido Written comments or questions 4. August 16, 2004, Pompano Beach Beach Resort, 27200 Perdido Beach regarding workshops should be Civic Center, 1801 NE 6th St., Pompano Boulevard, Orange Beach, AL 36561; addressed to Charlie Bergmann, 3209 telephone: 251–981–9811; Frederic St. Pascagoula, MS 39567 or by Beach, FL 33060 from 10 a.m. to 1 p.m. 9. Monday, August 30, 2004, National phone at (228)-762–4591 or (228)–623– 5. August 17, 2004, Ft. Pierce Marine Fisheries Service, 3500 Delwood 0748. Hurricane House, 8400 Picos Rd., Ft Beach Road, Panama City, FL 32408; Any additional information for Highly Pierce, FL 34945 from 9 a.m. to 12 p.m. telephone: 850–234–6541; and Migratory Species can be found online 6. August 18, 2004, USCG Training 10. The time, date, and location of at http://www.nmfs.noaa.gov/sfa/hms or Center, 1050 Register St., Charleston, SC this meeting will be published in the by calling Highly Migratory Species 29405 from 1 p.m. to 4 p.m. Federal Register. Management Division at (301)–713– These meetings are physically 2347. 7. August 19, 2004, Etheridge accessible to people with disabilities. Seafood, 4561 Mill Landing Rd., Requests for sign language SUPPLEMENTARY INFORMATION: Atlantic Wanchese, NC 27981 from 10 a.m. to 2 interpretation or other auxiliary aids tuna, swordfish, shark, and billfish p.m. should be directed to Dawn Aring at the fisheries are managed under the 8. September 13, 2004,Barnegat Light ADDRESSES authority of the Magnuson-Stevens Council (see ) by July 28, Fire Hall, 10th St & Central, Barnegat Fishery Conservation and Management 2004. Light, NJ 24943 from 10 a.m. to 2 p.m. Dated: July 20, 2004. Act and regulated pursuant to the Atlantic Tunas Convention Act (ATCA), 9. September 14, 2004, New York Alan D. Risenhoover, which authorizes rulemaking to State Department of Environmental Acting Director, Office of Sustainable Conservation, 205 Bellmead Rd., East Fisheries, National Marine Fisheries Service. implement recommendations of the International Commission for the Setauket, NY 11733 from 10 a.m. to 2 [FR Doc. 04–16960 Filed 7–23–04; 8:45 am] Conservation of Atlantic Tunas (ICCAT). p.m. BILLING CODE 3510–22–S Implementing regulations for both the 10. September 16, 2004, Narragansett Fishery Management Plan for Atlantic NOAA Lab, 28 Tarewell Dr., DEPARTMENT OF COMMERCE Tunas, Swordfish, and Sharks and the Narragansett, RI 22882 from 4 p.m. to 7 Billfish Fishery Management Plan are at p.m. National Oceanic and Atmospheric 50 CFR part 635. 11. September 17, 2004, MacCleans Administration On July 6, 2004, NMFS published a Seafood, 10 North Front St., New [I.D. 071404A] final rule (69 FR 40734) stating that all vessel operators in the pelagic longline Bedford, MA 02740 from 10 p.m. to 2 p.m. Atlantic Highly Migratory Species fishery in the Atlantic Ocean, including (HMS); Notice of Sea Turtle Release/ Gulf of Mexico, and Carribean Sea must Special Accommodations Protocol Workshops follow NMFS Careful Release Protocols For Sea Turtle Release With Minimal These meetings are physically AGENCY: National Marine Fisheries Injury. For more information about accessible to people with disabilities. Service (NMFS), National Oceanic and these protocols, visit the HMS web site Request for sign language interpretation Atmospheric Administration (NOAA), or call Charlie Bergman (see or other auxiliary aids should be Department of Commerce. ADDRESSES). directed to Charlie Bergmann at (228) ACTION: Notice of public workshops. Also on June 1, 2004, NMFS released 762–4591 or (228) 623–0748 at least 5 SUMMARY: NMFS is announcing a Biological Opinion regarding the days before the meeting. workshops that will demonstrate the Atlantic pelagic longline fishery. This Authority: 16 U.S.C. 971 et seq. and 1801 proper sea turtle handling and release Biological Opinion requires NMFS to et seq. techniques for vessel operators using hold voluntary workshops Dated: July 20, 2004. pelagic longline gear in the Atlantic demonstrating the new sea turtle Ocean, including the Gulf of Mexico handling and releasing techniques and Alan D. Risenhoover, and the Carribean Sea. The workshops equipment. Proper use will increase the Acting Director, Office of Sustainable will also show the required release post-release survival of the sea turtles. Fisheries, National Marine Fisheries Service. equipment and summarize the current All pelagic longline fisherman (e.g., [FR Doc. 04–16951 Filed 7–21–04; 3:07 pm] regulations involving the mandatory use permit holders, vessel operators, and BILLING CODE 3510–22–S of handling and release techniques crew) in the Atlantic Ocean, including along with the types of release the Gulf of Mexico and Caribbean Sea, equipment for sea turtles. and any interested parties are strongly DATES: The workshops will be held from encouraged to attend. July through September 2004. For The dates, times, and locations of specific dates and times see these workshops are scheduled as SUPPLEMENTARY INFORMATION. follows:

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44514 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: On the All documents: Permits, Conservation dates listed below, notice was published and Education Division, Office of National Oceanic and Atmospheric in the Federal Register that requests for Protected Resources, NMFS, 1315 East- Administration a scientific research permit or permit West Highway, Room 13705, Silver [I.D. 061804B] amendment to take various marine Spring, MD 20910; phone (301)713– mammal and sea turtle species had been 2289; fax (301)713–0376; Marine Mammals and Endangered submitted by the above-named File Nos. 782–1719, 716–1705, and Species; File Nos. 782–1719, 774–1714, individuals or organizations. The 753–1599: Northwest Region, NMFS, 1029–1675, 662–1661, 1039–1699, 473– requested permits or permit 7600 Sand Point Way NE, BIN C15700, 1700, 1049–1718, 716–1705, 753–1599, amendments have been issued under Bldg. 1, Seattle, WA 98115–0700; phone and 642–1536 the authority of the Marine Mammal (206)526–6150; fax (206)526–6426; Protection Act of 1972, as amended (16 File Nos. 782–1719, 1029–1675, 662– AGENCY: National Marine Fisheries U.S.C. 1361 et seq.), the Regulations 1661, 473–1700, 1049–1718, and 716– Service (NMFS), National Oceanic and Governing the Taking and Importing of 1705: Alaska Region, NMFS, P.O. Box Atmospheric Administration (NOAA), Marine Mammals (50 CFR part 216), the 21668, Juneau, AK 99802–1668; phone Commerce. Endangered Species Act of 1973, as (907)586–7221; fax (907)586–7249; ACTION: Issuance of permits and permit amended (ESA; 16 U.S.C. 1531 et seq.), File Nos. 774–1714 and 753–1599: amendments. and the regulations governing the Southwest Region, NMFS, 501 West taking, importing, and exporting of Ocean Blvd., Suite 4200, Long Beach, SUMMARY: Notice is hereby given that a endangered and threatened species (50 CA 90802–4213; phone (562)980–4001; permit or permit amendment has been CFR parts 222–226). fax (562)980–4018; and issued to the following applicants for 782–1719 (NMML) and 774–1714 File Nos. 1039–1699, 753–1599, and purposes of scientific research: (SWFSC) - notice published on June 4, 642–1536: Pacific Islands Region, 782–1719 - National Marine Mammal 2003 (68 FR 33477); NMFS, 1601 Kapiolani Blvd., Rm, 1110, Laboratory (NMML), National Marine 473–1700 (Straley), 662–1661 Honolulu, HI 96814–4700; phone Fisheries Service, NOAA, 7600 Sand (Matkin) and 1039–1699 (Zoidis) - (808)973–2935; fax (808)973–2941. Point Way, NE, BIN C15700, Bldg. 1, notice published on January 21, 2003 Dated: July 20, 2004. Seattle, WA 98115–0070 (John (68 FR 2751); Stephen L. Leathery, Bengtson, Ph.D., Principal Investigator); 1049–1718 (Wynne) - first notice 774–1714 - Southwest Fisheries published on July 18, 2003 (68 FR Chief, Permits, Conservation and Education Science Center (SWFSC), National Division, Office of Protected Resources, 42689) and second notice outlining the National Marine Fisheries Service. Marine Fisheries Service, 8604 La Jolla applicant’s changes to their application [FR Doc. 04–16958 Filed 7–23–04; 8:45 am] Shores Drive, La Jolla, CA 92037 published on March 9, 2004 (69 FR (Stephen Reilly, Ph.D., Principal 10991); BILLING CODE 3510–22–S Investigator); 716–1705 (Sharpe) - notice published 1029–1675 - Andrew Szabo, Whale on June 24, 2003 (68 FR 37466); Research Lab, Department of Geography, 1029–1675 (Szabo) - notice published COMMITTEE FOR THE University of Victoria, Victoria, British on June 3, 2002 (67 FR 38262); IMPLEMENTATION OF TEXTILE Columbia V8W 2Y2, Canada; 753–1599 (Darling) - notice published AGREEMENTS 662–1661 - Dena Matkin, Box 22, on October 17, 2003 (68 FR 59782) to Gustavus, AK 99826; amend Permit No. 753–1599–00 Adjustment of Import Limits for Certain 1039–1699 - Ann Zoidis, Allied originally issued on December 27, 2000 Cotton, Wool and Man-Made Fiber Whale, 11 Des Isle Avenue, PO Box 885, (66 FR 1957); and Textiles and Textile Products Bar Harbor, ME 04609; 642–1536 (Mobley) - notice published Produced or Manufactured in Macau 473–1700 - Janice Straley, University on January 5, 2004 (69 FR 630) to amend July 20, 2004. of Alaska Southeast, 1332 Seward Permit No. 642–1536–00 originally AGENCY: Committee for the Avenue, Sitka, AK 99835; issued on March 3, 2000 (65 FR 13949). 1049–1718 - Kate Wynne, University In compliance with the National Implementation of Textile Agreements of Alaska Fairbanks, School of Fisheries Environmental Policy Act of 1969 (42 (CITA). and Ocean Sciences, 118 Trident Way, U.S.C. 4321 et seq.), an environmental ACTION: Issuing a directive to the Kodiak, AK 99615; assessment was prepared analyzing the Commissioner, Bureau of Customs and 716–1705 - Fred Sharpe, Ph.D., Alaska effects of the permitted activities. After Border Protection adjusting limits. Whale Foundation, 4739 University ι a Finding of No Significant Impact, the Way NE, 1239, Seattle, WA 98105; determination was made that it was not EFFECTIVE DATE: July 26, 2004. 753–1599 - Jim Darling, Ph.D., 2155 necessary to prepare an environmental FOR FURTHER INFORMATION CONTACT: Ross West 13th Avenue, Vancouver, B.C. impact statement. Arnold, International Trade Specialist, VOR 2Z0, Canada; and Issuance of these permits and permit Office of Textiles and Apparel, U.S. 642–1536 - Joseph R. Mobley, Jr., amendments, as required by the ESA, Department of Commerce, (202) 482– Ph.D., Professor Psychology, University was based on a finding that such 4212. For information on the quota of Hawaii - West Oahu, 96–129 Ala Ike, permits or permit amendments (1) were status of these limits, refer to the Quota Pearl City, HI 96782. applied for in good faith, (2) will not Status Reports posted on the bulletin ADDRESSES: The permits, permit operate to the disadvantage of the boards of each Customs port, call (202) amendments and related documents are endangered species which are the 927–5850, or refer to the Bureau of available for review upon written subject of the permits and permit Customs and Border Protection website request or by appointment. (See amendments, and (3) are consistent with at http://www.cbp.gov. For information SUPPLEMENTARY INFORMATION) the purposes and policies set forth in on embargoes and quota re-openings, FOR FURTHER INFORMATION CONTACT: section 2 of the ESA. refer to the Office of Textiles and Ruth Johnson or Jill Lewandowski, Documents may be reviewed in the Apparel website at http:// (301)713–2289. following locations: otexa.ita.doc.gov.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44515

SUPPLEMENTARY INFORMATION: Adjusted twelve-month ACTION: Open meeting notice. Category 1 Authority: Section 204 of the Agricultural limit SUMMARY: Pursuant to the Federal Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as 640 ...... 304,838 dozen. Advisory Committee Act, Appendix 2 of amended. 641 ...... 335,032 dozen. title 5, United States Code, Pub. L. 92– The current limits for certain 642 ...... 270,939 dozen. 463, notice is hereby given that a 645/646 ...... 714,572 dozen. categories are being adjusted for the meeting of the Advisory Council on 647/648 ...... 1,263,965 dozen. Dependents’ Education (ACDE) is recrediting of unused 2003 659–S 4 ...... 279,483 kilograms. carryforward, swing, and carryover. Group II scheduled to be held on September 24, A description of the textile and 400–414, 433–438, 1,771,256 square me- 2004, from 8 a.m. to 5 p.m. The meeting apparel categories in terms of HTS 440–448, 459pt. 5 ters equivalent. will be held at the DoDEA headquarters numbers is available in the and 469pt. 6, as a building at 4040 North Fairfax Drive, CORRELATION: Textile and Apparel group Arlington, Virginia 22203. The purpose Categories with the Harmonized Tariff Sublevel in Group II of the ACDE is to recommend to the Schedule of the United States (see 445/446 ...... 97,500 dozen. Director, DoDEA, general policies for Federal Register notice 69 FR 4926, 1 The limits have not been adjusted to ac- the operation of the Department of published on February 2, 2004). Also count for any imports exported after December Defense Dependents Schools (DoDDS); see 68 FR 55035, published on 31, 2003. to provide the Director with information 2 Category 359–C: only HTS numbers about effective educational programs September 22, 2003. 6103.42.2025, 6103.49.8034, 6104.62.1020, and practices that should be considered James C. Leonard III, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, by DoDDS; and to perform other tasks as Chairman, Committee for the Implementation 6211.32.0010, 6211.32.0025 and may be required by the Secretary of of Textile Agreements. 6211.42.0010; Category 659–C: only HTS Defense. The meeting emphases will be numbers 6103.23.0055, 6103.43.2020, Committee for the Implementation of Textile 6103.43.2025, 6103.49.2000, 6103.49.8038, the current operational qualities of Agreements 6104.63.1020, 6104.63.1030, 6104.69.1000, DoDDS and the Institutionalized school July 20, 2004. 6104.69.8014, 6114.30.3044, 6114.30.3054, improvement processes, as well as other 6203.43.2010, 6203.43.2090, 6203.49.1010, educational matters. For further Commissioner, 6203.49.1090, 6204.63.1510, 6204.69.1010, Bureau of Customs and Border Protection, 6210.10.9010, 6211.33.0010, 6211.33.0017 information contact Mr. Jim Jarrard, at Washington, DC 20229 and 6211.43.0010. 703–588–3121 or at Dear Commissioner: This directive 3 Category 359–V: only HTS numbers [email protected]. amends, but does not cancel, the directive 6103.19.2030, 6103.19.9030, 6104.12.0040, issued to you on September 16, 2003, by the 6104.19.8040, 6110.20.1022, 6110.20.1024, Dated: July 20, 2004. Chairman, Committee for the Implementation 6110.20.2030, 6110.20.2035, 6110.90.9044, L.M. Bynum, 6110.90.9046, 6201.92.2010, 6202.92.2020, of Textile Agreements. That directive 6203.19.1030, 6203.19.9030, 6204.12.0040, Alternate OSD Federal Register Liaison concerns imports of certain cotton, wool and 6204.19.8040, 6211.32.0070 and Officer, Department of Defense. man-made fiber textiles and textile products, 6211.42.0070. [FR Doc. 04–16934 Filed 7–23–04; 8:45 am] produced or manufactured in Macau and 4 Category 659–S: only HTS numbers BILLING CODE 5001–06–M exported during the twelve-month period 6112.31.0010, 6112.31.0020, 6112.41.0010, which began on January 1, 2004 and extends 6112.41.0020, 6112.41.0030, 6112.41.0040, through December 31, 2004. 6211.11.1010, 6211.11.1020, 6211.12.1010, and 6211.12.1020. DEPARTMENT OF DEFENSE Effective on July 26, 2004, you are directed 5 to adjust the limits for the following Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, Department of the Air Force categories, as provided for under the Uruguay 6117.20.9020, 6212.90.0020, 6214.20.0000, Round Agreement on Textiles and Clothing: 6405.20.6030, 6405.20.6060, 6405.20.6090, Privacy Act of 1974; System of 6406.99.1505 and 6406.99.1560. 6 Category 469pt.: all HTS numbers except Records Category Adjusted twelve-month limit 1 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, AGENCY: Department of the Air Force, Levels in Group I 6308.00.0010 and 6406.10.9020. DoD. 225 ...... 7,767,180 square me- The Committee for the Implementation of ACTION: Notice to amend systems of ters. Textile Agreements has determined that records. 317 ...... 5,138,631 square me- these actions fall within the foreign affairs ters. exception to the rulemaking provisions of 5 SUMMARY: The Department of the Air 333/334/335 ...... 628,459 dozen of U.S.C. 553(a)(1). Force is amending two systems of which not more than Sincerely, records notices in its existing inventory 302,227 dozen shall James C. Leonard III, of record systems subject to the Privacy be in Categories Chairman, Committee for the Act of 1974, (5 U.S.C. 552a), as 333/335. Implementation of Textile Agreements. 336 ...... 141,043 dozen. amended. [FR Doc. 04–16906 Filed 7–23–04; 8:45 am] 338 ...... 758,976 dozen. DATES: This proposed action will be BILLING CODE 3510–DR–S 339 ...... 3,106,135 dozen. effective without further notice on 340 ...... 792,219 dozen. August 25, 2004 unless comments are 341 ...... 486,824 dozen. 342 ...... 209,608 dozen. received which result in a contrary 345 ...... 134,420 dozen. DEPARTMENT OF DEFENSE determination. 347/348 ...... 1,714,722 dozen. ADDRESSES: Send comments to the Air 351 ...... 175,179 dozen. Office of the Secretary Force Privacy Act Manager, Office of the 2 359–C/659–C ...... 924,637 kilograms. Chief Information Officer, AF–CIO/P, 359–V 3 ...... 308,215 kilograms. Meeting of the Advisory Council on 1155 Air Force Pentagon, Washington, 625/626/627/628/629 7,428,398 square me- Dependents’ Education ters. DC 20330–1155. 633/634/635 ...... 1,360,898 dozen. AGENCY: Department of Defense FOR FURTHER INFORMATION CONTACT: Mrs. 638/639 ...... 3,781,951 dozen. Education Activity (DoDEA), DoD. Anne Rollins at (703) 696–6280.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44516 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

SUPPLEMENTARY INFORMATION: The winners, e.g., Distinguished Graduate, Force’s compilation of record system Department of the Air Force systems of Top Academic Winner, etc.’ notices apply to this system. records notices subject to the Privacy * * * * * POLICIES AND PRACTICES FOR STORING, Act of 1974, (5 U.S.C. 552a), as RETRIEVING, ACCESSING, RETAINING, AND RETRIEVABILITY: amended, have been published in the DISPOSING OF RECORDS IN THE SYSTEM: Federal Register and are available from Delete from entry ‘Social Security the address above. Number’ and add ‘name, class, STORAGE: The specific changes to the records squadron, or flight.’ Records are stored on magnetic tape, systems being amended are set forth * * * * * disk units, in computers and on below followed by the notices, as computer output products. F036 AETC K amended, published in their entirety. RETRIEVABILITY: The proposed amendments are not SYSTEM NAME: Retrieved by individual’s name, class, within the purview of subsection (r) of squadron, or flight. the Privacy Act of 1974, (5 U.S.C. 552a), Officer Training School Flight as amended, which requires the Training Information System. SAFEGUARDS: submission of a new or altered system SYSTEM LOCATION: Records are accessed by person(s) report. Officer Training School, 501 LeMay responsible for servicing the record Dated: July 20, 2004. Plaza North, Maxwell Air Force Base, system in performance of their official L.M. Bynum, AL 36112–6417. duties and by authorized personnel who Alternate OSD Federal Register Liaison are properly screened and cleared for Officer, Department of Defense. CATEGORIES OF INDIVIDUALS COVERED BY THE need-to-know. Records are stored in SYSTEM: locked rooms and cabinets. Those in F036 AETC K Officer trainees while attending computer storage devices are protected Officer Training School (OTS). by computer system software. SYSTEM NAME: Officer Training Group (OTG) CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Resource Management System—Officer Officer trainee record showing name, Records are retained for two years Trainees (June 11, 1997, 62 FR 31793). performance data such as written and after class graduation then destroyed. physical fitness test scores, Records are destroyed by tearing into CHANGES: measurement evaluations, merits and pieces, shredding, pulping, macerating * * * * * demerits earned, involvement in or burning. Computer records are destroyed by erasing, deleting or SYSTEM NAME: remedial programs, counseling documentation, student disposition overwriting. Delete entry and replace with ‘Office indicators showing first time in training Training School Flight Training SYSTEM MANAGER(S) AND ADDRESS: or recycled back into the program. Information System’. Manager, Flight Training Officer * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Information System, 501 LeMay Plaza 10 U.S.C. Chapter 907, Schools and North, Maxwell Air Force Base, AL CATEGORIES OF RECORDS IN THE SYSTEM: camps as implemented by Air Force 36112–6417. Delete entry and replace with ‘Officer Instruction 36–2013, Airman NOTIFICATION PROCEDURE: trainee record showing name, Commissioning Programs and Officer Individuals seeking to determine performance data such as written and Training School. physical fitness test scores, whether this system of records contains measurement evaluations, merits and PURPOSE(S): information on themselves should demerits earned, involvement in To monitor the progress of an address written inquiries to or visit the remedial programs, counseling individual toward completion of the Manager, Flight Training Officer documentation, student disposition program. Records may be grouped by Information System, 501 LeMay Plaza indicators showing first time in training class, squadron, flight, or performance North, Maxwell Air Force Base, AL or recycled back into the program.’ factor in the accomplishment of 36112–6417. evaluations of the program or the RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: individual in relation to peers. Studies, Individuals seeking to access records Delete from entry ‘Air Education and analyses, and evaluations that use these about themselves contained in this Training Command Regulation 53–3, records are intended to rank order system should address written requests Administration of the Officer Training graduates for each class and determine to or visit the Manager, Flight Training School (OTS) Program, and E.O. 9397 award winners, e.g., Distinguished Officer Information System, 501 LeMay (SSN).’ Graduate, Top Academic Winner, etc. Plaza North, Maxwell Air Force Base, PURPOSE(S): ROUTINE USES OF RECORDS MAINTAINED IN THE AL 36112–6417. Delete entry and replace with ‘To SYSTEM, INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES: THE PURPOSES OF SUCH USES: monitor the progress of an individual The Air Force rules for accessing toward completion of the program. In addition to those disclosures records, and for contesting contents and Records may be grouped by class, generally permitted under 5 U.S.C. appealing initial agency determinations squadron, flight, or performance factor 552a(b) of the Privacy Act, these records are published in Air Force Instruction in the accomplishment of evaluations of or information contained therein may 33–332; 32 CFR part 806b; or may be the program or the individual in relation specifically be disclosed outside the obtained from the system manager. to peers. Studies, analyses, and DoD as a routine use pursuant to 5 evaluations that use these records are U.S.C. 552a(b)(3) as follows: RECORD SOURCE CATEGORIES: intended to rank order graduates for The DoD ‘Blanket Routine Uses’ Information obtained from the each class and determine award published at the beginning of the Air individual, flight commanders, OTS

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44517

instructors, personnel specialists and PURPOSE(S): SYSTEM MANAGER(S) AND ADDRESS: members of the registrar’s office. Used to insure just, thorough, and The Inspector General, Office of the timely resolution and response to Secretary of the Air Force (SAF/IG), EXEMPTIONS CLAIMED FOR THE SYSTEM: complaints, allegations or queries, and a 1140 Air Force Pentagon, Washington, None. means of improving moral, welfare, and DC 20330–1140. F090 AF IG B efficiency of organizations, units, and NOTIFICATION PROCEDURE: personnel by providing an outlet for SYSTEM NAME: redress. Used by the Inspector General Individuals seeking to determine Inspector General Records (March 27, and Base Inspectors in the resolution of whether this system of records contains 2003, 68 FR 14953). complaints and allegations and information on them should address inquiries to or visit the Inspector F090 AF IG B responding to queries. Used in connection with the recommendation/ General, Office of the Secretary of the CHANGE: selection/removal or retirement of Air Force (SAF/IG), 1140 Air Force * * * * * officers eligible for promotion to or Pentagon, Washington, DC 20330–1140 serving in, general officer ranks. or IG offices at installations. EXEMPTIONS CLAIMED FOR THE SYSTEM: RECORD ACCESS PROCEDURES: In the second paragraph, replace the ROUTINE USES OF RECORDS MAINTAINED IN THE second ‘‘exempt’’ with ‘‘except’’ and SYSTEM, INCLUDING CATEGORIES OF USERS AND Individuals seeking to access records replace ‘‘identify’’ with ‘‘identity’’. THE PURPOSES OF SUCH USES: about themselves contained in this system should address requests to the * * * * * In addition to those disclosures generally permitted under 5 U.S.C. Inspector General, Office of the SYSTEM NAME: 552a(b) of the Privacy Act, these records Secretary of the Air Force (SAF/IG), Inspector General Records. or information contained therein may 1140 Air Force Pentagon, Washington, specifically be disclosed outside the DC 20330–1140 or IG offices at SYSTEM LOCATION: DoD as a routine use pursuant to 5 installations. Office of the Inspector General, Office U.S.C. 552a(b)(3) as follows: CONTESTING RECORD PROCEDURES: of the Secretary of the Air Force (SAF/ The DoD ‘Blanket Routine Uses’ IG), 1140 Air Force Pentagon, published at the beginning of the Air The Air Force rules for accessing Washington, DC 20330–1140. Records Force’s compilation of record system records, and for contesting contents and are also located at the headquarters of notices apply to this system. appealing initial agency determinations major commands, headquarters of are published in Air Force Instruction combatant commands for which Air POLICIES AND PRACTICES FOR STORING, 33–332; 32 CFR part 806b; or may be Force is Executive Agent, and at all RETRIEVING, ACCESSING, RETAINING, AND obtained from the system manager. levels down to and including Air Force DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: installations. Official mailing addresses STORAGE: are published as an appendix to the Air Complainants, inspectors, members of Maintained in file folders and on Force’s compilation of record systems Congress, witnesses, and subjects of electronic media. notices. investigations. RETRIEVABILITY: CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM: Retrieved by Complainant’s name, Parts of this system may be exempt All those who have registered a subject of investigation’s name and case pursuant to 5 U.S.C. 552a(j)(2) if the complaint, allegation or query with the number. information is compiled and maintained Inspector General or Base Inspector. All SAFEGUARDS: by a component of the agency, which individuals who are or have been performs as its principle function any Records are accessed by custodian of subjects of reviews, inquiries, or activity pertaining to the enforcement of the system of records and by person(s) investigations. criminal laws. responsible for maintaining the system Investigatory material compiled for CATEGORIES OF RECORDS IN THE SYSTEM: of records in the performance of their law enforcement purposes, other than Letters/transcriptions of complaints, official duties. These personnel are material within the scope of subsection allegations and queries; letters of properly screened and cleared for need- 5 U.S.C. 552a(j)(2), may be exempt appointment; reports of reviews, to-know. Records are stored in a locked pursuant to 5 U.S.C. 552a(k)(2). inquiries and investigations with room protected by cipher lock. However, if an individual is denied any supporting attachments, exhibits and Information maintained on electronic right, privilege, or benefit for which he photographs; record of interviews; media is protected by computer system would otherwise be entitled by Federal witness statements; reports of legal software and password. law or for which he would otherwise be review of case files, congressional RETENTION AND DISPOSAL: eligible, as a result of the maintenance responses; memoranda; letters and of the information, the individual will reports of findings and actions taken; Retained in office files for two years after year in which case is closed. For be provided access to the information letters to complainants and subjects of except to the extent that disclosure investigations; letters of rebuttal from senior official case files, retained in office files until two years after the year would reveal the identity of a subjects of investigations; finance; confidential source. personnel; administration; adverse in which case is closed, or two years information, and technical reports. after the senior official retires, Note: When claimed, this exemption whichever is later. Records are allows limited protection of investigative AUTHORITY FOR MAINTENANCE OF THE SYSTEM: destroyed by tearing into pieces, reports maintained in a system of records 10 U.S.C. 8013, Secretary of the Air shredding, pulping, macerating or used in personnel or administrative actions. Force: powers and duties; delegation by burning. Computer records are An exemption rule for this record 10, U.S.C. 8020, Inspector General, and destroyed by erasing, deleting or system has been promulgated in E.O. 9397 (SSN). overwriting. accordance with the requirements of 5

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44518 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

U.S.C. 553(b)(1), (2), and (3), (c) and (e) REASON: F065 AFAFC D and published in 32 CFR part 806b. For Records are now under the SYSTEM NAME: additional information contact the cognizance of the Defense Finance and Claims Case File—Active Duty system manager. Accounting Service (DFAS) and are Casualty Case Records (June 11, 1997, being maintained under DFAS Privacy [FR Doc. 04–16935 Filed 7–23–04; 8:45 am] 62 FR 31793). Act systems of records notices. BILLING CODE 5001–OG–M REASON: F065 AF AFC A Records are now under the DEPARTMENT OF DEFENSE SYSTEM NAME: conginzance of the Defense Finance and Accounts Payable Records (June 11, Accounting Service (DFAS) and are Department of the Air Force 1997, 62 FR 31793). being maintained under DFAS Privacy Act systems of records notices. Privacy Act of 1974; System of REASON: Records Records are now under the F065 AFAFC E cognizance of the Defense Finance and AGENCY: Department of the Air Force, SYSTEM NAME: Accounting Service (DFAS) and are DoD. Claims Case File—Corrected Military being maintained under DFAS Privacy Records (June 11, 1997, 62 FR 31793). ACTION: Notice to delete systems of Act systems of records notices. records. REASON: F065 AF AFC B SUMMARY: The Department of the Air Records are now under the Force is deleting fourteen systems of SYSTEM NAME: cognizance of the Defense Finance and records notices from its existing Accounts Receivable Records Accounting Service (DFAS) and are inventory of record systems subject to Maintained by Accounting and Finance being maintained under DFAS Privacy the Privacy Act of 1974, (5 U.S.C. 552a), (June 11, 1997, 62 FR 31793). Act systems of records notices. as amended. These records are now REASON: F065 AFAFC F under the cognizance of the Defense Records are now under the Finance and Accounting Service (DFAS) SYSTEM NAME: cognizance of the Defense Finance and and are being maintained under DFAS Claims Case File—Missing in Action Accounting Service (DFAS) and are Privacy Act systems of records notices. Data (June 11, 1997, 62 FR 31793). being maintained under DFAS Privacy DATES: This proposed action will be Act systems of records notices. REASON: effective without further notice on August 25, 2004 unless comments are F065 AF AFC F Records are now under the received which result in a contrary cognizance of the Defense Finance and SYSTEM NAME: determination. Accounting Service (DFAS) and are Reports of Survey (June 11, 1997, 62 being maintained under DFAS Privacy ADDRESSES: Send comments to the Air FR 31793). Act systems of records notices. Force Privacy Act Manager, Office of the Chief Information Officer, AF–CIO/P, REASON: F065 AFAFC H 1155 Air Force Pentagon, Washington, Records are now under the SYSTEM NAME: DC 20330–1155. cognizance of the Defense Finance and Loss of Funds Case Files (June 11, Accounting Service (DFAS) and are FOR FURTHER INFORMATION CONTACT: Mrs. 1997, 62 FR 31793). Anne Rollins at (703) 696–6280. being maintained under DFAS Privacy SUPPLEMENTARY INFORMATION: The Act systems of records notices. REASON: Records are now under the Department of the Air Force systems of F065 AFAFC A records notices subject to the Privacy cognizance of the Defense Finance and Act of 1974, (5 U.S.C. 552a), as SYSTEM NAME: Accounting Service (DFAS) and are amended, have been published in the Accounting and Finance Officer being maintained under DFAS Privacy Federal Register and are available from Accounts and Substantiating Documents Act systems of records notices. the address above. (June 11, 1997, 62 FR 31793). F065 AFAFC I The specific changes to the records REASON: systems being amended are set forth SYSTEM NAME: below followed by the notices, as Records are now under the Military Pay Records (June 11, 1997, amended, published in their entirety. cognizance of the Defense Finance and 62 FR 31793). The proposed amendments are not Accounting Service (DFAS) and are within the purview of subsection (r) of being maintained under DFAS Privacy REASON: the Privacy Act of 1974, (5 U.S.C. 552a), Act systems of records notices. Records are now under the cognizance of the Defense Finance and as amended, which requires the F065 AFAFC B submission of a new or altered system Accounting Service (DFAS) and are report. SYSTEM NAME: being maintained under DFAS Privacy Act systems of records notices. Dated: July 20, 2004. Accrued Military Pay System, Discontinued (June 11, 1997, 62 FR L.M. Bynum, F065 AFAFC J 31793). Alternate OSD Federal Register Liaison SYSTEM NAME: Officer, Department of Defense. REASON: Pay and Allotment Records (June 11, F065 AFA A Records are now under the 1997, 62 FR 31793). cognizance of the Defense Finance and SYSTEM NAME: Accounting Service (DFAS) and are REASON: Cadet Accounting and Finance being maintained under DFAS Privacy Records are now under the System (June 11, 1997, 62 FR 31793). Act systems of records notices. cognizance of the Defense Finance and

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44519

Accounting Service (DFAS) and are participation in the approval process faxed to 202–245–6621. Please specify being maintained under DFAS Privacy would defeat the purpose of the the complete title of the information Act systems of records notices. information collection, violate State or collection when making your request. Federal law, or substantially interfere Comments regarding burden and/or F065 AFAFC L with any agency’s ability to perform its the collection activity requirements SYSTEM NAME: statutory obligations. The Acting should be directed to Joseph Schubart at Legal Administration Records of the Leader, Regulatory Information his e-mail address [email protected]. Staff Judge Advocate (June 11, 1997, 62 Management Group, Office of the Chief Individuals who use a FR 31793). Information Officer, publishes that telecommunications device for the deaf notice containing proposed information (TDD) may call the Federal Information REASON: collection requests prior to submission Relay Service (FIRS) at 1–800–877– Records are now under the of these requests to OMB. Each 8339. cognizance of the Defense Finance and proposed information collection, [FR Doc. 04–16927 Filed 7–23–04; 8:45 am] Accounting Service (DFAS) and are grouped by office, contains the BILLING CODE 4000–01–P being maintained under DFAS Privacy following: (1) Type of review requested, Act systems of records notices. e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of DEPARTMENT OF EDUCATION F065 AETC A the collection; (4) Description of the SYSTEM NAME: need for, and proposed use of, the Submission for OMB Review; Comment Request Air Force ROTC Cadet Pay System information; (5) Respondents and frequency of collection; and (6) (June 11, 1997, 62 FR 31793). AGENCY: Department of Education. Reporting and/or Recordkeeping SUMMARY: REASON: burden. OMB invites public comment. The Acting Leader, Regulatory Information Management Records are now under the Dated: July 21, 2004. Group, Office of the Chief Information cognizance of the Defense Finance and Jeanne Van Vlandren, Officer invites comments on the Accounting Service (DFAS) and are Acting Leader, Regulatory Information submission for OMB review as required being maintained under DFAS Privacy Management Group, Office of the Chief by the Paperwork Reduction Act of Act systems of records notices. Information Officer. 1995. [FR Doc. 04–16936 Filed 7–23–04; 8:45 am] Office of Postsecondary Education DATES: Interested persons are invited to BILLING CODE 5001–06–M Type of Review: Reinstatement. submit comments on or before August Title: Annual Performance Report for 25, 2004. the Ronald E. McNair Postbaccalaureate ADDRESSES: Written comments should DEPARTMENT OF EDUCATION Achievement (McNair) Program. be addressed to the Office of Submission for OMB Review; Frequency: Annually. Information and Regulatory Affairs, Comment Request Affected Public: Not-for-profit Attention: Carolyn Lovett, Desk Officer, institutions. Department of Education, Office of AGENCY: Department of Education. Reporting and Recordkeeping Hour Management and Budget, 725 17th SUMMARY: The Acting Leader, Burden: Street, NW., Room 10235, New Regulatory Information Management Responses: 179. Executive Office Building, Washington, Group, Office of the Chief Information Burden Hours: 895. DC 20503 or faxed to (202) 395–6974. Officer invites comments on the Abstract: McNair grantees must SUPPLEMENTARY INFORMATION: Section submission for OMB review as required submit the report annually. The reports 3506 of the Paperwork Reduction Act of by the Paperwork Reduction Act of are used to evaluate the performance of 1995 (44 U.S.C. Chapter 35) requires 1995. grantees prior to awarding continuation that the Office of Management and funding and to assess a grantee’s prior Budget (OMB) provide interested DATES: Interested persons are invited to experience at the end of the budget Federal agencies and the public an early submit comments on or before August period. The Department will also opportunity to comment on information 25, 2004. aggregate the data across grantees to collection requests. OMB may amend or ADDRESSES: Written comments should provide descriptive information on the waive the requirement for public be addressed to the Office of Program and to analyze the impact of consultation to the extent that public Information and Regulatory Affairs, the Program on the academic progress of participation in the approval process Attention: Carolyn Lovett, Desk Officer, participating students. would defeat the purpose of the Department of Education, Office of Requests for copies of the submission information collection, violate State or Management and Budget, 725 17th for OMB review; comment request may Federal law, or substantially interfere Street, NW., Room 10235, New be accessed from http:// with any agency’s ability to perform its Executive Office Building, Washington, edicsweb.ed.gov, by selecting the statutory obligations. The Acting DC 20503 or faxed to (202) 395–6974. ‘‘Browse Pending Collections’’ link and Leader, Regulatory Information SUPPLEMENTARY INFORMATION: Section by clicking on link number 2554. When Management Group, Office of the Chief 3506 of the Paperwork Reduction Act of you access the information collection, Information Officer, publishes that 1995 (44 U.S.C. Chapter 35) requires click on ‘‘Download Attachments’’ to notice containing proposed information that the Office of Management and view. Written requests for information collection requests prior to submission Budget (OMB) provide interested should be addressed to U.S. Department of these requests to OMB. Each Federal agencies and the public an early of Education, 400 Maryland Avenue, proposed information collection, opportunity to comment on information SW., Potomac Center, 9th Floor, grouped by office, contains the collection requests. OMB may amend or Washington, DC 20202–4700. Requests following: (1) Type of review requested, waive the requirement for public may also be electronically mailed to the e.g. new, revision, extension, existing or consultation to the extent that public Internet address [email protected] or reinstatement; (2) Title; (3) Summary of

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44520 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

the collection; (4) Description of the ‘‘Browse Pending Collections’’ link and Leader, Regulatory Information need for, and proposed use of, the by clicking on link number 2574. When Management Group, Office of the Chief information; (5) Respondents and you access the information collection, Information Officer, publishes that frequency of collection; and (6) click on ‘‘Download Attachments’’ to notice containing proposed information Reporting and/or Recordkeeping view. Written requests for information collection requests prior to submission burden. OMB invites public comment. should be addressed to U.S. Department of these requests to OMB. Each Dated: July 21, 2004. of Education, 400 Maryland Avenue, proposed information collection, SW., Potomac Center, 9th Floor, Jeanne Van Vlandren, grouped by office, contains the Washington, DC 20202–4700. Requests following: (1) Type of review requested, Acting Leader, Regulatory Information may also be electronically mailed to the e.g. new, revision, extension, existing or Management Group, Office of the Chief _ Information Officer. Internet address OCIO [email protected] or reinstatement; (2) Title; (3) Summary of faxed to 202–245–6621. Please specify the collection; (4) Description of the Office of Special Education and the complete title of the information need for, and proposed use of, the Rehabilitative Services collection when making your request. information; (5) Respondents and Type of Review: Revision. Comments regarding burden and/or frequency of collection; and (6) Title: Part C of the Individuals with the collection activity requirements Reporting and/or Recordkeeping Disabilities Education Act Annual should be directed to Sheila Carey at her burden. OMB invites public comment. e-mail address [email protected]. Performance Report. Dated: July 21, 2004. Frequency: Annually. Individuals who use a telecommunications device for the deaf Jeanne Van Vlandren, Affected Public: State, Local, or Tribal Acting Leader, Regulatory Information Gov’t, SEAs or LEAs; Federal (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877– Management Group, Office of the Chief Government. Information Officer. Reporting and Recordkeeping Hour 8339. Federal Student Aid Burden: [FR Doc. 04–16928 Filed 7–23–04; 8:45 am] Responses: 56. BILLING CODE 4000–01–P Type of Review: Revision. Burden Hours: 1,710. Abstract: States are required to submit Title: Student Aid Report (SAR). a performance report to the Secretary DEPARTMENT OF EDUCATION Frequency: Annually. under Section 80.40 of the Education Affected Public: Individuals or Submission for OMB Review; Department General Administrative household. Regulations. The State Interagency Comment Request Reporting and Recordkeeping Hour Coordinating Committee is required AGENCY: Department of Education. Burden: under Section 641of Part C of the SUMMARY: The Acting Leader, Responses: 20,675,546. Individuals with Disabilities Education Regulatory Information Management Act (IDEA) to submit an annual report Group, Office of the Chief Information Burden Hours: 4,486,234. to the Secretary and the State’s Officer invites comments on the Abstract: The Student Aid Report Governor on the status of the early submission for OMB review as required (SAR) is used to notify all applicants of intervention program for infants and by the Paperwork Reduction Act of their eligibility to receive Federal toddlers with disabilities and their 1995. student aid for postsecondary families. This collection serves both of education. The form is submitted by the these functions. The Office of Special DATES: Interested persons are invited to submit comments on or before August applicant to the institution of their Education Programs (OSEP) is choice. implementing an integrated, four-part 25, 2004. accountability strategy: (1) Verifying the ADDRESSES: Written comments should Requests for copies of the submission effectiveness and accuracy of States’ be addressed to the Office of for OMB review; comment request may monitoring, assessment, and data Information and Regulatory Affairs, be accessed from http:// collection systems; (2) attending to Attention: Carolyn Lovett, Desk Officer, edicsweb.ed.gov, by selecting the States at high risk for compliance, Department of Education, Office of ‘‘Browse Pending Collections’’ link and financial, and/or management failure; Management and Budget, 725 17th by clicking on link number 2542. When (3) supporting States in assessing their Street, NW., Room 10235, New you access the information collection, performance and compliance, and in Executive Office Building, Washington, click on ‘‘Download Attachments’’ to planning, implementing, and evaluating DC 20503 or faxed to (202) 395–6974. view. Written requests for information improvement strategies; and (4) focusing SUPPLEMENTARY INFORMATION: Section should be addressed to U.S. Department OSEPs’ intervention on States with low 3506 of the Paperwork Reduction Act of of Education, 400 Maryland Avenue, ranking performance on critical 1995 (44 U.S.C. Chapter 35) requires SW., Potomac Center, 9th Floor, performance indicators. Component 3 of that the Office of Management and Washington, DC 20202–4700. Requests OSEPs’ accountability strategy is Budget (OMB) provide interested may also be electronically mailed to the _ implemented through this Annual Federal agencies and the public an early Internet address OCIO [email protected] or Performance Report. Reporting opportunity to comment on information faxed to 202–245–6621. Please specify requirements for States’ Self- collection requests. OMB may amend or the complete title of the information Assessments, Improvement Plans, and waive the requirement for public collection when making your request. Annual Performance Reports are being consultation to the extent that public Comments regarding burden and/or combined in this Part C Annual participation in the approval process the collection activity requirements Performance Report. would defeat the purpose of the should be directed to Joseph Schubart at Requests for copies of the submission information collection, violate State or his e-mail address [email protected]. for OMB review; comment request may Federal law, or substantially interfere Individuals who use a be accessed from http:// with any agency’s ability to perform its telecommunications device for the deaf edicsweb.ed.gov, by selecting the statutory obligations. The Acting (TDD) may call the Federal Information

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44521

Relay Service (FIRS) at 1–800–877– 5454. If you prefer to send your change to an established system of 8339. comments through the Internet, use the records. Each agency is also required to [FR Doc. 04–16929 Filed 7–23–04; 8:45 am] following address: [email protected]. send copies to the Chair of the Senate You must include the term ‘‘Return of Committee on Governmental Affairs and BILLING CODE 4000–01–P Title IV Funds on the Web’’ in the the Chair of the House Committee on subject line of your electronic message. Government Reform. These reports are DEPARTMENT OF EDUCATION During and after the comment period, intended to permit an evaluation of the you may inspect all public comments probable or potential effect of the Privacy Act of 1974; System of about this notice in room 31F2, Union proposal on the privacy rights of Records Center Plaza, 830 First Street, NE., individuals. Washington, DC, 20202–5454 between The records for the system described AGENCY: Department of Education. the hours of 8 a.m. and 4:30 p.m., in this notice are created by a web-based ACTION: Notice of a new system of Eastern time, Monday through Friday of product the Department provides for records. each week except Federal holidays. institutions to calculate the earned and unearned portions of student aid SUMMARY: In accordance with the Assistance to Individuals With distributed under Title IV of the Higher Privacy Act of 1974, as amended Disabilities in Reviewing the Education Act of 1965, as amended (Privacy Act), the Department of Rulemaking Record (HEA), when a student withdraws from Education (Department) publishes this On request, we will supply an a postsecondary institution before notice of a new system of records for the appropriate aid, such as a reader or completing the period for which the Return of Title IV Funds on the Web funds were awarded. The institution (R2T4OTW). R2T4OTW is a web-based print magnifier, to an individual with a collects and enters the required data product the Department provides for disability who needs assistance to into the web-based product, and the institutions to calculate the earned and review the comments or other product calculates the earned and unearned portions of student aid documents in the public rulemaking unearned amounts of Title IV aid, and distributed under Title IV of the Higher record for this notice. If you want to the amounts that must be returned to Education Act of 1965, as amended schedule an appointment for this type of the Title IV programs by the student and (HEA), when a student withdraws from aid, please contact the person listed the school. When applicable, the a postsecondary institution without under FOR FURTHER INFORMATION product also determines the amount of completing the period for which funds CONTACT. additional funds the student must be were awarded. FOR FURTHER INFORMATION CONTACT: offered as a post-withdrawal DATES: The Department seeks comments Marya Dennis. Telephone: (202) 377– disbursement. The institution may also on the new system of records described 3385. If you use a telecommunications use this information to provide required in this notice, in accordance with the device for the deaf (TDD), you may call notifications to the Title IV recipient requirements of the Privacy Act. We the Federal Information Relay Service and to track the recipient’s responses as must receive your comments on or (FIRS) at 1–800–877–8339. provided under section 484B of the HEA before August 25, 2004. Individuals with disabilities may (20 U.S.C. 1091b) and the implementing The Department filed a report obtain this document in an alternative regulations in 34 CFR 668.22. In describing the new system of records format (e.g., Braille, large print, addition to the calculation, the covered by this notice with the Chair of audiotape, or computer diskette) on institution may choose to generate a the Senate Committee on Governmental request to the contact person listed in variety of useful reports. These reports Affairs, the Chair of the House the preceding paragraph. include a listing of all students who Committee on Government Reform, and SUPPLEMENTARY INFORMATION: have withdrawn from the institution; a the Administrator of the Office of Introduction report of students to be notified by the Information and Regulatory Affairs, institution on the results of the Return Office of Management and Budget The Privacy Act (5 U.S.C. 552a) of Title IV Funds (R2T4) calculation; a (OMB), on July 21, 2004. This new requires the Department to publish in report of the students who owe a Title system of records will become effective the Federal Register this notice of a new IV grant overpayment and whether the on the later of the two following dates— system of records. The Department’s student has taken positive action to (1) The expiration of the 40-day period regulations implementing the Privacy establish repayment; a report of the for OMB review on August 30, 2004, or Act are contained in part 5b of title 34 students for which the institution has the expiration of a 30-day OMB review of the Code of Federal Regulations responsibility to repay Title IV funds to period on August 23, 2004 if OMB (CFR). the programs; a report on post- grants the Department’s request for a 10- The Privacy Act applies to withdrawal disbursements that the day waiver of the review period; or (2) information about an individual that is institution must offer to the Title IV August 25, 2004, unless the system of maintained in a system of records from recipient; and a report on students who records requires changes as a result of which information is retrieved by a owe a Title IV grant overpayment that public comment or OMB review. The unique identifier associated with the the institution must refer to the Department will publish any changes individual, such as a name or social Department. These reports are only resulting from public comment or OMB security number (SSN). The information available to the institutional users that review. about the individual is called a ‘‘record’’ input the data and that access the ADDRESSES: Address all comments about and the system, whether manual or reports using their unique log-in codes this new system of records to Marya computer-based, is called a ‘‘system of and passwords. The information Dennis, Management and Program records.’’ The Privacy Act requires described in this system of records is Analyst, Application Processing agencies to publish a notice of a new not linked to any other Department, Division, Students Channel, Federal system of records in the Federal Federal, State, lender or guarantee Student Aid, U.S. Department of Register and to prepare a report to OMB agency systems. Education, 830 First Street, NE., UCP whenever the agency publishes a new This system includes records on room 31I1, Washington, DC 20202– system of records or makes a significant students for whom Title IV funds were

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44522 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

disbursed or were eligible to be Dated: July 21, 2004. upon a payment period or period of disbursed for the period of time the Theresa S. Shaw, enrollment, the total clock hours or student was in attendance during a Chief Operating Officer, Federal Student Aid. number of days in the payment period payment period or period of enrollment. For the reasons discussed in the or period of enrollment, the withdrawal The records contain personally preamble, the Chief Operating Officer of date, the net number of days in the identifiable information about each Federal Student Aid of the U.S. payment period or period of enrollment, withdrawn student. These records may Department of Education publishes a the date the institution determined the include, but are not limited to, student notice of a new system of records to student withdrew (as reported by the name, permanent and local addresses, read as follows: institution), a description of the type of social security number, and date of withdrawal, the number of days of an birth. This system may also contain 18–11–15 approved leave of absence, whether an information about the institution, and outside entity requires the school to take SYSTEM NAME: the educational program in which the attendance, the clock hours scheduled, student had been enrolled before Return of Title IV Funds on the Web. the clock hours completed, the date the withdrawing, including but not limited SECURITY CLASSIFICATION: student provided the institution with to: The school’s Federal school code, the None. written authorization to credit Title IV award year, the total institutional aid to the student’s account, the date the charges, the program calendar type SYSTEM LOCATION: institution notified the student of the (credit hour or clock hour), the starting Application Processing Division, amounts and types of Title IV funds that and ending dates of the payment period Students Channel, Federal Student Aid, must be returned, the date and response or period of enrollment, the withdrawal U.S. Department of Education, 830 First of the student, the types and amounts of date, the withdrawal reason, the date St. NE., Washington, DC 20202–5454. Title IV aid disbursed and that could the institution provided notice to the Virtual Data Center (VDC), Meriden have been disbursed, the types and student of the overpayment, the date on Data Center, 71 Deerfield Lane, amounts of Title IV aid that must be which the recipient responded to the Meriden, Connecticut 06450. returned to each program by the student required notification, and the types and and the institution, the types and CATEGORIES OF INDIVIDUALS COVERED BY THE amounts of aid that the student and the amounts of Title IV funds that must be SYSTEM: returned by the student or institution, or institution may retain, post-withdrawal The system includes records on a post-withdrawal disbursement (a disbursement information (i.e., the individuals who were enrolled at a disbursement for which the student is amount of outstanding charges, the postsecondary institution, have received eligible after his or her withdrawal), as dates notices were sent informing the or are eligible to receive assistance applicable, as well as the recipient’s student that a credit was applied and/ under a Title IV, HEA program for a response, the amount that the recipient or that a disbursement was available payment period or period of enrollment, and the institution may retain, as well and the dates and responses of the and have withdrawn prior to the as any contemporaneous notes regarding student, the amount and the date the planned completion date of school the R2T4 process for each student’s student accepted a post-withdrawal during that period. record. disbursement, and the date the post- This new system of records, CATEGORIES OF RECORDS IN THE SYSTEM: withdrawal disbursement was R2T4OTW, can maintain information This system of records contains completed), the date the R2T4 provided by the institution to track personally identifiable information procedure was completed, the user required institutional notifications to provided by the school from which a defined field data provided by the Title IV recipients and their responses student has withdrawn that may institution such as grade point average, to those notifications, as well as to include, but is not limited to, a student’s major in college, overpayment status, provide reports to the institution that name, permanent and local addresses, withdrawal reason, leave of absence indicate the number of days remaining social security number, date of birth, reason, and contemporaneous notes to take statutorily required actions. driver’s license number and state, regarding the student’s return process. Electronic Access To This Document permanent and local phone numbers, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and student identification (ID). This You may view this document, as well The information maintained in the system also contains information as all other Department of Education R2T4OTW system is authorized under provided by the institution from which documents published in the Federal section 484B of the HEA. Under section the student has withdrawn that is Register, in text or Adobe Portable 484B of the HEA (20 U.S.C. 1091b), if necessary to compute the earned and Document Format (PDF) on the Internet a recipient of Title IV grant or loan unearned amounts of Title IV funds. at the following site: http://www.ed.gov/ assistance withdraws from an This information may include, but is not news/fedregister. institution during a payment period or To use PDF you must have Adobe limited to, the student’s: Federal school period of enrollment in which the Acrobat Reader, which is available free code, award year, grade level, program student began attendance, a at this site. If you have questions about type (i.e. credit hour or clock hour), participating institution must determine using PDF, call the U.S. Government school calendar (that maintains the term the amount of grant and loan assistance Printing Office (GPO), toll-free, at 1– start and end dates and institutionally to be returned to the Title IV programs. 888–293–6498; or in the Washington, scheduled breaks of five or more PURPOSE(S): DC, area at (202) 512–1530. consecutive days), a description and amount of each institutional charge (a Information contained in this system Note: The official version of this document charge for tuition and fees, a charge for is maintained for the purposes of: (1) is the document published in the Federal room, a charge for board, and charges Allowing postsecondary institutions to Register. Free Internet access to the official edition of the Federal Register and the Code for other educationally-related costs), calculate the treatment of Title IV funds of Federal Regulations is available on GPO and the total institutional charges for a when a student withdraws from a Access at: http://www.gpoaccess.gov/nara/ program, program title, or program type, postsecondary institution, (2) allowing index.html/. whether the R2T4 calculation is based institutions to track students’ statuses

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44523

and responses to institutional (i) The Department, or any of its written request of the individual whose notifications, and (3) generating listings components; or records are being disclosed. The and reports, allowing institutions to (ii) Any Department employee in his Member’s right to the information is no establish compliance with the or her official capacity; or greater than the right of the individual applicable statutory and regulatory (iii) Any Department employee in his who requested it. requirements in the HEA for the or her individual capacity where the (8) Employment, Benefit, and treatment of Title IV funds when a Department of Justice (DOJ) agrees to or Contracting Disclosure. student ceases his or her enrollment has been requested to provide or arrange (a) For Decisions by the Department. before the planned end date. (Note: The for representation of the employee; or The Department may disclose a record use of this software is not required.) (iv) Any Department employee in his to a Federal, State, or local agency or her individual capacity where the maintaining civil, criminal, or other ROUTINE USES OF RECORDS MAINTAINED IN THE Department has agreed to represent the relevant enforcement or other pertinent SYSTEM, INCLUDING CATEGORIES OF USERS AND employee; or records, or to another public authority PURPOSES OF SUCH USERS: (v) The United States where the or professional organization, if The Department may disclose Department determines that the necessary to obtain information relevant information contained in a record in litigation is likely to affect the to a Department decision concerning the this system of records under the routine Department or any of its components. hiring or retention of an employee or uses listed in this system of records (b) Disclosure to DOJ. If the other personnel action, the issuance of without the consent of the individual if Department determines that disclosure a security clearance, the letting of a the disclosure is compatible with the of certain records to the DOJ is relevant contract, or the issuance of a license, purposes for which the record was and necessary to litigation or ADR, and grant, or other benefit. collected. These disclosures may be is compatible with the purpose for (b) For Decisions by Other Public made on a case-by-case basis or, if the which the records were collected, the Agencies and Professional Department has complied with the Department may disclose those records Organizations. The Department may computer matching requirements of the as a routine use to the DOJ. disclose a record to a Federal, State, Act, under a computer matching (b) Adjudicative disclosures. If the local, or other public authority or agreement. Department determines that disclosure professional organization, in connection (1) Program Disclosures. The of certain records to an adjudicative with the hiring or retention of an Department may disclose records to the body before which the Department is employee or other personnel action, the postsecondary institution that input the authorized to appear or to an individual issuance of a security clearance, the information into the R2T4OTW system, or entity designated by the Department reporting of an investigation of an in order to simplify the current process, or otherwise empowered to resolve or employee, the letting of a contract, or provide institutions and their agents mediate disputes, is relevant and the issuance of a license, grant, or other with consolidated information about the necessary to the litigation or ADR, the benefit, to the extent that the record is Federal loans and grants they Department may disclose those records relevant and necessary to the receiving administer for students, and enable as a routine use to the adjudicative entity’s decision on the matter. them to provide students with accurate body, individual, or entity. (9) Employee Grievance, Complaint or required information when a student (c) Parties, counsel, representatives Conduct Disclosure. The Department withdraws. and witnesses. If the Department may disclose a record in this system of (2) Disclosure for Use by Other Law determines that disclosure of certain records to another agency of the Federal Enforcement Agencies. The Department records to a party, counsel, government if the record is relevant to may disclose information to any representative or witness is relevant and one of the following proceedings Federal, State, or local agency necessary to the litigation or ADR, the regarding a present or former employee responsible for enforcing, investigating, Department may disclose those records of the Department: a complaint, or prosecuting violations of as a routine use to the party, counsel, grievance, discipline or competence administrative, civil, or criminal law if representative or witness. determination proceeding. The that information is relevant to any (5) Freedom of Information Act disclosure may only be made during the authorized enforcement, investigative, (FOIA) Advice Disclosure. The course of the proceeding. or prosecutorial effort. Department may disclose records to the (10) Labor Organization Disclosure. (3) Enforcement Disclosure. If DOJ or the OMB if the Department The Department may disclose records information in the system of records determines that disclosure would help from this system of records to an either alone or in connection with other in determining whether records are arbitrator to resolve disputes under a information indicates a violation or required to be disclosed under the FOIA negotiated grievance procedure or to potential violation of any applicable or the Act. officials of labor organizations statutory, regulatory, or legally binding (6) Contract Disclosure. If the recognized under 5 U.S.C. chapter 71 requirement, the Department may Department contracts with an entity to when relevant and necessary to their disclose records to an entity charged perform any function that requires duties of exclusive representation. with investigating or prosecuting those disclosing records to the contractor’s (11) Disclosure to DOJ. The violations or potential violations. employees, the Department may Department may disclose records to the (4) Litigation and Alternative Dispute disclose the records to those employees. DOJ to the extent necessary for Resolution (ADR) Disclosures. Before entering into such a contract, the obtaining DOJ advice on any matter (a) Introduction. In the event that one Department shall require the contractor relevant to an audit, inspection, or other of the following parties is involved in to establish and maintain the safeguards inquiry related to any program covered litigation or ADR, or has an interest in required under the Act (5 U.S.C. by this system. litigation or ADR, the Department may 552a(m)) with respect to the records. (12) Research Disclosure. The disclose certain records to the parties (7) Congressional Member Disclosure. Department may disclose records to a described in paragraphs (b), (c), and (d) The Department may disclose records to researcher if the Department determines of this routine use under the conditions a Member of Congress in response to an that the individual or organization to specified in those paragraphs: inquiry from the Member made at the which the disclosure would be made is

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44524 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

qualified to carry out specific research Department staff, participating manager and provide the name of the related to functions or purposes of this institutions, and contract staff on a system (R2T4OTW), your name, date of system of records. Further, the ‘‘need-to-know’’ basis, and controls birth, and Social Security Number or Department may disclose records from individual users’ ability to access and call 1–800–4–FED–AID (1–800–433– this system of records to that researcher alter records within the system. All 3243) and provide the identifiers solely for the purpose of carrying out users of this system of records are given indicated above when requesting that research related to the functions or a unique user ID with personal information contained in this system of purposes of this system of records. The identifiers. Users are only able to access records. Requests for notification about researcher shall be required to maintain and alter records created with their whether this system of records contains safeguards with respect to the disclosed unique identifiers. All interactions by information about an individual must records as required by the Act. individual users with the system are meet the requirements of the regulations recorded. The systems manager DISCLOSURE TO CONSUMER REPORTING in 34 CFR 5b.5, including proof of annually updates and sends the AGENCIES: identity. Department the Central Processing Disclosures pursuant to 5 U.S.C. System Security Plan, documenting the 552a(b)(12): The Department may RECORD ACCESS PROCEDURES: VDC’s detailed security systems, disclose the following information to a including the physical location of the If you wish to gain access to a record consumer reporting agency regarding a data stored at the VDC. This system in this system, contact the system valid overdue claim of the Department: does not use persistent cookies (data manager and provide the information (1) The name, address, taxpayer that a web server causes to be placed on described in the Notification Procedure. identification number and other a user’s hard drive) to implement Requests by an individual for access to information necessary to establish the personalization. It is the policy of the identity of the individual responsible a record must meet the requirements of Department to prohibit the use of for the claim; (2) the amount, status, and the regulations in 34 CFR 5b.5, persistent cookies on U.S. Department history of the claim; and (3) the program including proof of identity. of Education web sites except where: under which the claim arose. The there is a compelling need; there are Department may disclose the CONTESTING RECORD PROCEDURES: appropriate safeguards in place; the use information specified in this paragraph is personally approved by the Secretary If you wish to change the content of under 5 U.S.C. 552a(b)(12) and the of Education; and there is clear and a record in the system of records for the procedures contained in 31 U.S.C. conspicuous notice to the public. current processing year R2T4OTW, 3711(e). A consumer reporting agency to contact the system manager with the which these disclosures may be made is RETENTION AND DISPOSAL: information described in the defined in 31 U.S.C. 3701(a)(3). The Department will retain all Notification Procedure, identify the POLICIES AND PRACTICES FOR STORING, identifiable records received from specific items to be changed, the RETRIEVING, ACCESSING, RETAINING, AND schools with identifying information for institution and period of time the DISPOSING OF RECORDS IN THE SYSTEM: a period not to exceed three years after student was enrolled, and provide a STORAGE: the repayment or cancellation of the justification for the change. The R2T4OTW records are backed up and loan in accordance with the Education Department will contact the institution, maintained on magnetic tape at the Comprehensive Schedule, ED–RDS— which will make the change to the Department’s Virtual Data Center (VDC), Part 10, Item 16(d) for applicants with student’s record, as applicable. Requests located at 71 Deerfield Lane, Meriden, federally insured loans. For applicants to amend a record must meet the without federal insured loans, the CT 06450, and locked storage rooms requirements of the regulations in 34 Department will retain all identifiable within the VDC. CFR 5b.7. records received with identifying RETRIEVABILITY: information for a period not to exceed RECORD SOURCE CATEGORIES: Records for R2T4OTW are indexed fifteen years after the final Pell Grant and can be retrieved by only the payment or audit, whichever is first in The institution from which a student institution that created the record at the accordance with the Education receiving Title IV aid for the payment VDC and the Department. The Comprehensive Schedule, ED–RDS— period or period of enrollment has institution accesses its own student Part 10, Item 17(a) and (b). At the withdrawn provides the information R2T4OTW records through a secure log- conclusion of the mandatory retention used in this system by manually in process and subsequently entering period, these records will be destroyed. entering it in the web product on the the institution’s unique Federal school This procedure is consistent with legal Department’s web site. For institutions code and the student’s Social Security retention requirements established by that have access to the Internet, Number. the Department in conjunction with the R2T4OTW is available on the SAFEGUARDS: National Archives and Records Department of Education web site Administration. Physical access to the data systems located at: http://www.fafsa.ed.gov/ housed within the VDC facility is SYSTEM MANAGER(S) AND ADDRESS: FOTWWebApp/faa/faa.jsp. controlled by a computerized badge Deputy Director, Application reading system, and the entire complex Processing Division, Students Channel, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: is patrolled by security personnel Federal Student Aid, U.S. Department of during non-business hours. This Education, 830 First St., NE., UCP room None. computer system offers a high degree of 32E2, Washington, DC 20202–5454. resistance to tampering and [FR Doc. 04–16963 Filed 7–23–04; 8:45 am] circumvention. Multiple levels of NOTIFICATION PROCEDURE: BILLING CODE 4000–01–P security are maintained within the If you wish to determine whether a computer system control program. This record exists regarding you in this security system limits data access to system of records, contact the system

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44525

DEPARTMENT OF ENERGY Comment Date: 5 p.m. eastern time on DEPARTMENT OF ENERGY August 4, 2004. Federal Energy Regulatory Federal Energy Regulatory Commission Magalie R. Salas, Commission Secretary. [Docket No. ER04–812–001, et al.] [Docket Nos. EL04–68–002, ER04–850–001] [FR Doc. E4–1650 Filed 7–23–04; 8:45 am] Bridger Valley Electric Association, BILLING CODE 6717–01–P Duke Energy Corporation, et al.; Inc., Bridger Valley Electric Electric Rate and Corporate Filings Association, Inc.; Notice of Filing DEPARTMENT OF ENERGY July 20, 2004. July 19, 2004. The following filings have been made Take notice that on July 14, 2004, Federal Energy Regulatory with the Commission. The filings are Bridger Valley Electric Association, Inc. Commission listed in ascending order within each (Bridger Valley), submitted its docket classification. compliance filing in response to the [RT01–99–000, RT01–99–001, RT01–99–002 1. Duke Energy Corporation Commission’s Order in Bridger Valley and RT01–99–003, RT01–86–000, RT01–86– Electric Association, Inc., 107 FERC 001 and RT01–86–002, RT01–95–000, RT01– [Docket No. ER04–812–001] ¶ 61,270 (2004). Specifically, Bridger 95–001 and RT01–95–002, RT01–2–000, Take notice that, on July 16, 2004, Valley states that it has filed revised RT01–2–001, RT01–2–002 and RT01–2–003, Duke Energy Corporation, on behalf of tariff sheets reflecting a change to its RT01–98–000, RT02–3–000] Duke Electric Transmission open access transmission tariff (OATT) (collectively, Duke) submitted a indicating that Order No. 2003 only Regional Transmission Organizations, compliance filing pursuant to the covers generators greater than 20 MW. Bangor Hydro-Electric Company, et al., Commission’s Letter Order issued July Any person desiring to intervene or to New York Independent System 2, 2004, in Docket No. ER04–812–000. protest this filing must file in Operator, Inc., et al., PJM Duke states that the compliance filing accordance with Rules 211 and 214 of Interconnection, L.L.C., et al., PJM adds Tables of Contents to the Large the Commission’s Rules of Practice and Interconnection, L.L.C., ISO New Generator Interconnection Procedures Procedure (18 CFR 385.211 and England, Inc., New York Independent and the Large Generator Interconnection 385.214). Protests will be considered by System Operator, Inc.; Notice Agreement in the Duke open access the Commission in determining the tariff, to be made effective April 26, appropriate action to be taken, but will July 19, 2004. 2004. not serve to make protestants parties to Take notice that PJM Interconnection, Duke states that copies of the filing the proceeding. Any person wishing to L.L.C., New York Independent System were served on parties on the official service list in the above-captioned become a party must file a notice of Operator, Inc. and ISO New England, proceeding. intervention or motion to intervene, as Inc. have posted on their Internet Web appropriate. Such notices, motions, or Comment Date: 5 p.m. eastern time on sites charts and information updating August 6, 2004. protests must be filed on or before the their progress on the resolution of ISO comment date. Anyone filing a motion seams. 2. Ohmus Energy Company, LLC to intervene or protest must serve a copy of that document on the Applicant. On Any person desiring to file comments [Docket No. ER04–848–001] or before the comment date, it is not on this information should file with the Take notice that on July 14, 2004, the necessary to serve motions to intervene Federal Energy Regulatory Commission, Ohmus Energy Company, LLC, pursuant or protests on persons other than the 888 First Street, NE., Washington, DC to the Commission’s deficiency letter Applicant. 20426, in accordance with Rules 211 issued July 1, 2004, submitted an The Commission encourages and 214 of the Commission’s Rules of Amendment to its May 17, 2004, filing electronic submission of protests and Practice and Procedure (18 CFR 385.211 in Docket No. ER04–848–000. interventions in lieu of paper using the and 385.214). All such comments Comment Date: 5 p.m. eastern time on ‘‘eFiling’’ link at http://www.ferc.gov. should be filed on or before the August 4, 2004. Persons unable to file electronically comment date. Comments may be filed 3. PJS Capital, LLC should submit an original and 14 copies electronically via the Internet in lieu of of the protest or intervention to the paper; see 18 CFR 385.2001(a)(1)(iii) [Docket No. ER04–896–001] Federal Energy Regulatory Commission, and the instructions on the Take note that on July 15, 2004, PJS 888 First Street, NE., Washington, DC Commission’s Web site under the ‘‘e- Capital, LLC (PJS Capital), pursuant to 20426. Filing’’ link. The Commission strongly the Commission’s deficiency letter This filing is accessible on-line at encourages electronic filings. issued July 1, 2004, filed an amendment http://www.ferc.gov, using the to its May 25, 2004, filing in Docket No. ‘‘eLibrary’’ link and is available for Comment Date: August 9, 2004. ER04–896–000. review in the Commission’s Public Magalie R. Salas, Comment Date: 5 p.m. eastern time on August 5, 2004. Reference Room in Washington, DC. Secretary. There is an ‘‘eSubscription’’ link on the [FR Doc. E4–1648 Filed 7–23–04; 8:45 am] 4. PJM Interconnection, L.L.C. web site that enables subscribers to receive e-mail notification when a BILLING CODE 6717–01–P [Docket No. ER04–988–001] document is added to a subscribed Take notice that on July 16, 2004, PJM docket(s). For assistance with any FERC Interconnection, L.L.C. (PJM), submitted Online service, please e-mail for filing a substitute interconnection [email protected], or call service agreement (ISA) among PJM, (866) 208–3676 (toll free). For TTY, call PPL Distributed Generation, LLC, and (202) 502–8659. Public Service Electric and Gas

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44526 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Company designated as Substitute Dominion Virginia Power states that Amended and Restated Power Original Service Agreement No. 1046 copies of the filing were served upon Agreement between OVEC and IKEC under PJM Interconnection FERC Ingenco Wholesale Power LLC, the (the Amended Agreements). OVEC also Electric Tariff Sixth Revised Volume Virginia State Corporation Commission, tendered for filing a Termination No. 1. PJM requests an effective date of and the North Carolina Utilities Agreement relating to the First June 4, 2004. Commission. Supplementary Transmission PJM states that copies of this filing Comment Date: 5 p.m. eastern time on Agreement among OVEC and the were served upon the parties to the August 5, 2004. Sponsoring Companies (Supplementary agreement and the state regulatory Transmission Agreement). OVEC commissions within the PJM region. 8. New York Independent System requests an effective date of March 13, Comment Date: 5 p.m. eastern time on Operator, Inc. 2006. August 6, 2004. [Docket No. ER04–1024–000] OVEC states that copies of the filing 5. Virginia Electric and Power Take notice that on July 15, 2004, the were served upon Allegheny Energy Company New York Independent System Supply Company, LLC, Appalachian Operator, Inc. (NYISO) filed proposed Power Company, the Cincinnati Gas & [Docket No. ER04–1021–000] revisions to the Independent System Electric Company, Columbus Southern Take notice that on July 15, 2004, Operator Agreement. NYISO states that Power Company, the Dayton Power and Virginia Electric and Power Company the proposed revisions would amend Light Company, FirstEnergy Generation (Dominion Virginia Power) submitted the Independent System Operator Corp., Indiana Michigan Power Tenth Revised Service Agreement Nos. Agreement to allow Demand reduction Company, Kentucky Utilities Company, 253 and 49 under Virginia Electric and providers and Distributed Generators to Louisville Gas and Electric Company, Power FERC Electric Tariff, Second be added as voting members in Monongahela Power Company, Ohio Revised Volume No. 5, unexecuted stakeholder governance. Power Company, Southern Indiana Gas service agreements with Sempra Energy NYISO states that it has served a copy and Electric Company, the Utility Trading Corp. Dominion Virginia Power of the filing to all parties that have Regulatory Commission of Indiana, the requests an effective date of June 15, executed Service Agreements under the Public Service Commission of 2004. NYISO’s OATT or Services Tariff, the Kentucky, the Public Service Dominion Virginia Power states that New York State Public Services Commission of Maryland, the Public copies of the filing were served upon Commission and to the electric utility Service Commission of Michigan, the Sempra Energy Trading Corp., the regulatory agencies in New Jersey and Public Utilities Commission of Ohio, the Virginia State Corporation Commission, Pennsylvania. Public Utility Commission of and the North Carolina Utilities Comment Date: 5 p.m. eastern time on Pennsylvania, Tennessee Regulatory Commission. August 5, 2004. Authority, the State Corporation Comment Date: 5 p.m. eastern time on Commission of Virginia and the Public August 5, 2004. 9. PJM Interconnection, L.L.C. Service Commission of West Virginia. 6. Choice Energy Services, L.P. [Docket No. ER04–1025–000] Comment Date: 5 p.m. eastern time on August 6, 2004. [Docket No. ER04–1022–000] Take notice that on July 16, 2004, PJM Take notice that on July 15, 2004, Interconnection, L.L.C. (PJM), submitted 11. Rocky Mountain Power, Inc. Choice Energy Services, L.P. (Choice) for filing Original Service Agreement [Docket No. ER04–1027–000] submitted a Petition for Acceptance of No. 1048, under PJM’s FERC Electric Take notice that on July 16, 2004, Choice Rate Schedule FERC No. 1; the Tariff Sixth Revised Volume No. 1, an Rocky Mountain Power, Inc. (RMP) granting of certain blanket approvals, executed interconnection service submitted a request for approval of including the authority to sell electricity agreement (ISA) among PJM, Handsome Rocky Mountain Power Inc. FERC at market-based rates; and the waiver of Lake Energy, L.L.C., and Pennsylvania Electric Tariff, Original Volume No. 1; certain Commission regulations. Choice Electric Company, a FirstEnergy the grant of certain blanket approvals states that it intends to engage in Company. PJM requests an effective date including the authority to sell electricity wholesale electric power and energy of June 16, 2004. at market-based rates; and the waiver of purchases and sales as a marketer. PJM states that copies of this filing certain Commission regulations. Choice also states that it is not in the were served upon the parties to the RMP requests that the rate schedule business of generating or transmitting agreement and the state regulatory become effective 60 days after the filing electric power. commissions within the PJM region. date. Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on August 5, 2004. August 6, 2004. August 6, 2004. 7. Virginia Electric and Power 10. Ohio Valley Electric Corporation Standard Paragraph Company Indiana-Kentucky Electric Corporation Any person desiring to intervene or to [Docket No. ER04–1023–000] [Docket No. ER04–1026–000] protest this filing must file in Take notice that on July 15, 2004, Take notice that on July 16, 2004, accordance with Rules 211 and 214 of Virginia Electric and Power Company Ohio Valley Electric Corporation, the Commission’s Rules of Practice and (Dominion Virginia Power) tendered for (OVEC) and its wholly owned Procedure (18 CFR 385.211 and filing First Revised Service Agreement subsidiary, Indiana-Kentucky Electric 385.214). Protests will be considered by Nos. 379 and 380 under Virginia Corporation (IKEC) submitted for filing the Commission in determining the Electric and Power Company FERC an Amended and Restated Inter- appropriate action to be taken, but will Electric Tariff, Second Revised Volume Company Power Agreement among not serve to make protestants parties to No. 5, unexecuted service agreements OVEC and certain other companies the proceeding. Any person wishing to with Igenco Wholesale Power LLC. named within that agreement as become a party must file a notice of Dominion Virginia Power requests an ‘‘Sponsoring Companies’’; and OVEC’s intervention or motion to intervene, as effective date June 15, 2004. First Revised Rate Schedule NO. 1, an appropriate. Such notices, motions, or

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44527

protests must be filed on or before the Detroit Edison’s failure to follow its Form No. 1 filing requirement is neither comment date. Anyone filing a motion Tariff and refusal to apply Schedule 4 necessary nor appropriate, and the to intervene or protest must serve a copy to energy deliveries during this period, annual Form No. 1 filing requirement of that document on the Applicant. On Quest has been under-compensated should be waived for CSC LLC. or before the comment date, it is not approximately $449,852, including Comment Date: 5 p.m. eastern time on necessary to serve motions to intervene interest. August 4, 2004. or protests on persons other than the Comment Date: 5 p.m. eastern time on Applicant. August 3, 2004. 5. AES Ironwood, LLC The Commission encourages 2. Carthage Energy, LLC, Energetix, [Docket No. ER01–1315–000] electronic submission of protests and Inc., New York State Electric & Gas Take notice that on July 12, 2004, AES interventions in lieu of paper using the Corporation, NYSEG Solutions, Inc., ‘‘eFiling’’ link at http://www.ferc.gov. Rochester Gas and Electric Ironwood, LLC (Ironwood) submitted Persons unable to file electronically Corporation, PEI Power II, LLC, South for filing its triennial market power should submit an original and 14 copies Glens Falls Energy, LLC, Hartford update analysis. Ironwood also of the protest or intervention to the Steam Company submitted for filing amendments to its Federal Energy Regulatory Commission, market-based rate tariff implementing 888 First Street, NE., Washington, DC [Docket Nos. ER99–2541–005, ER97–3556– the Market Behavior Rules adopted by 20426. 013, ER99–221–007, ER99–220–010, ER97– the Commission, Investigation of Terms This filing is accessible on-line at 3553–001, ER01–1764–002, ER00–262–004, and Conditions of Public Utility Market- and ER04–582–003] http://www.ferc.gov, using the Based Rate Authorization, 105 FERC ‘‘eLibrary’’ link and is available for Take notice that on July 12, 2004, ¶ 61,218 (2003). In addition, Ironwood review in the Commission’s Public Carthage Energy, LLC, Energetix, Inc. also submitted for approval its revision Reference Room in Washington, DC. (Energetix), New York State Electric & to FERC Electric Tariff, Original Volume Gas Corporation, NYSEG Solutions, Inc., There is an ‘‘eSubscription’’ link on the No. 1, and its first revision to its Rochester Gas and Electric Corporation Web site that enables subscribers to Statement of Policy and Code of (RG&E), PEI Power II, LLC (PE12), and receive e-mail notification when a Conduct. South Glens Falls Energy, LLC document is added to a subscribed submitted a compliance filing in Comment Date: 5 p.m. eastern time on docket(s). For assistance with any FERC triennial market power analysis. August 2, 2004. Online service, please e-mail Energetix, RG&E and PE12, also [email protected], or call 6. PPL Wallingford Energy LLC submitted revised tariff sheets to (866) 208–3676 (toll free). For TTY, call incorporate the market behavior rules [Docket No. ER01–1559–002] (202) 502–8659. Comment Date: 5 p.m. eastern time on adopted the Commission, Investigation Take notice that on July 12, 2004, PPL August 6, 2004. of Terms and Conditions of Public Wallingford Energy LLC (PPL Utility Market-Based Rate Wallingford) submitted for filing an Magalie R. Salas, Authorizations, 105 FERC ¶ 61,218 updated market power analysis. PPL Secretary. (2003). In addition, Hartford Steam Wallingford also filed revisions to its [FR Doc. E4–1647 Filed 7–23–04; 8:45 am] Company, in compliance with Acadia FERC Electric Tariff, Original Volume BILLING CODE 6717–01–P Power Partners, LLC, 107 FERC ¶ 61,168 No. 1 to incorporate the Market (2004) tendered for filing an amendment Behavior Rules adopted by the to its pending market-based rate Commission in Investigation of Terms DEPARTMENT OF ENERGY application in Docket No. ER04–582– and Conditions of Public Utility Market- 000. Based Rate Authorizations, 105 FERC Federal Energy Regulatory Comment Date: 5 p.m. eastern time on ¶ 61,218 (2003). Commission August 2, 2004. Comment Date: 5 p.m. eastern time on [Docket No. EL04–119–000, et al.] 3. El Dorado Energy, LLC August 2, 2004. Quest Energy, L.L.C., et al.; Electric [Docket No. ER99–3865–001 7. PPL Southwest Generation Holdings, Rate and Corporate Filings Take notice that on July 12, 2004, El LLC Dorado Energy, LLC (El Dorado) July 16, 2004. submitted an updated market power [Docket No. ER01–1870–002] The following filings have been made analysis. El Dorado also tendered for Take notice that on July 12, 2004, PPL with the Commission. The filings are filing amendments to its market-based Southwest Generation Holdings, LLC listed in ascending order within each rate tariff in compliance with the (PPL Southwest Generation) filed an docket classification. Commission’s order issued November updated market power analysis. PPL 1. Quest Energy, L.L.C. v. The Detroit 17, 2003, in Docket No. EL01–118–000. Southwest Generation also filed Edison Company Comment Date: 5 p.m. eastern time on revisions to its market-based rate tariff August 2, 2004. to incorporate the Market Behavior [Docket No. EL04–119–000] 4. Cross-Sound Cable Company, LLC Rules the Commission adopted by order Take notice that on July 14, 2004, issued November 17, 2003, in Docket [Docket No. ER00–1–004] Quest Energy, L.L.C. (Quest) filed a No. EL01–118–000. formal complaint against The Detroit Take notice that on July 14, 2004, Edison Company (Detroit Edison) Cross-Sound Cable Company, LLC (CSC PPL Southwest Generation states that pursuant to 18 CFR 385.206. Quest LLC) filed a motion for waiver of section it has served a copy of this filing on the alleges that Detroit Edison failed to 141.1 of the Commission’s regulations parties on the Commission’s official compensate Quest for imbalance energy that requires it to file FERC Form No. 1, service list for Docket No. ER01–1870– provided to Detroit Edison during a 38 Annual Report of Major Electric 002. hour period between August 14 and 16, Utilities. CSC LLC states that because of Comment Date: 5 p.m. eastern time on 2003. Quest states that as a result of CSC LLC’s unique circumstances, the August 2, 2004.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44528 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

8. Moses Lake Generating LLC 10, 2004, in Docket No. ER04–635–000. to NEPOOL Participants and the New [Docket No. ER01–1871–002] Plainfield states that the Tariff would England State governors and regulatory authorize Plainfield, inter alia, to engage commissions. Take notice that on July 12, 2004, in wholesale sales of energy, capacity, Comment Date: 5 p.m. eastern time on Moses Lake Generating LLC (Moses and ancillary services, as well as firm August 2, 2004. Lake) filed with the Commission its transmission rights to eligible customers 16. Rochester Gas and Electric triennial updated market analysis. at market-based rates, and to reassign Corporation Moses Lake also tendered for filing an transmission capacity rights at amendment to its FERC Electric Tariff to negotiated rates. [Docket No. ER04–1006–000] incorporate the Market Behavior Rules Comment Date: 5 p.m. eastern time on Take notice that on July 12, 2004, adopted by the Commission, August 3, 2004. Rochester Gas and Electric Corporation Investigation of Terms and Conditions (RG&E) tendered for filing with the of Public Utility Market-Based Rate 12. Alabama Power Company Commission an Executed Assignment Authorizations, 105 FERC ¶ 61,218 [Docket No. ER04–692–000] and Assumption Agreement between (2003). Take notice that on July 12, 2004, Constellation Generation Group, LLC Comment Date: 5 p.m. eastern time on Alabama Power Company (APC), filed August 2, 2004. and R.E. Ginna Nuclear Power Plant, request for withdrawal of its March 31, LLC, by which Constellation assigns, 9. Entergy Services, Inc. 2004, filing of Revision No. 9 to Rate and Ginna assumes, Constellation’s Schedule REA–1 of APC’s FERC Electric [Docket No. ER03–861–002] right, title and interest in and to the Tariff, Original Volume No. 1, to be Interconnection Agreement between Take notice that on July 12, 2004, effective July 12, 2004. Entergy Services, Inc., on behalf of RG&E and Constellation, and a First Comment Date: 5 p.m. eastern time on Amendment to the Interconnection Entergy Arkansas, Inc., Entergy Gulf August 2, 2004. States, Inc., Entergy Louisiana, Inc., Agreement between RG&E and Ginna. Entergy Mississippi, Inc., and Entergy 13. Southern Company Services, Inc. RG&E requests an effective date of June New Orleans, Inc., (collectively, the 10, 2004. [Docket No. ER04–953–000] RG&E states that this filing has been Entergy Operating Companies) tendered Take notice that on July 8, 2004, served upon Ginna, the New York State for filing a refund report in compliance Southern Company Services, Inc. (SCS), Public Service Commission, and the with the Commission’s order issued on behalf of Georgia Power Company New York Independent System May 27, 2004 in Docket No. ER03–861– (GPC), filed with the Commission a Operator, Inc. 000. clarification of its June 23, 2004, Notice Entergy Operating Companies states Comment Date: 5 p.m. eastern time on of Cancellation of the Interconnection August 2, 2004. that it has served upon all impacted Agreement between Southern Power customers and their respective states Company and GPC, Service Agreement 17. Southern California Edison commissions. No. 459 under Southern Companies’ Company Comment Date: 5 p.m. eastern time on Open Access Transmission Tariff, August 2, 2004. [Docket No. ER04–1011–000] Fourth Revised Volume No. 5. Take notice that on July 13, 2004, Comment Date: July 29, 2004. 10. Tucson Electric Power Company Southern California Edison Company and UNS Electric, Inc. 14. Mid-Continent Area Power Pool (SCE) submitted for filing revised sheets [Docket Nos. ER04–460–002] [Docket No. ER04–960–001] that reflect a proposed increase in the rate for scheduling and dispatching Take notice that on July 14, 2004, Take notice that on July 13, 2004, (S&D) services as embodied in SCE’s Tucson Electric Power Company Mid-Continent Area Power Pool (MAPP) agreements with the following entities: (Tucson Electric) and UNS Electric, Inc. submitted Second Revised Sheet No. 18 (UNS Electric) submitted revised tariff to MAPP’s FERC Electric Tariff, 1st Rate sheets in compliance with the Revised Volume No. 1. MAPP states that schedule Commission’s ‘‘Order Accepting in Part, the revised sheet was inadvertently Entity FERC Rejecting in Part, and Modifying in Part omitted from its June 25, 2004, filing in No. Tariff Sheets Modifying Pro Forma Docket No. ER04–960–001. Standard Large Generator MAPP states that a copy of the filing 1. Arizona Public Service Com- Interconnection Procedures and pany ...... 348 has been served on all MAPP members, 2. Imperial Irrigation District ...... 268 Standard Large Generator customers under Schedule F, and the 3. Metropolitan Water District of Interconnection Agreement’’ issued on state commissions in the MAPP region. Southern California ...... 292 June 4, 2004, in Docket Nos. ER04–460– Comment Date: 5 p.m. eastern time on 4. M–S–R Public Power Agency .. 339 000 and 001. Tucson Electric and UNS August 3, 2004. 5. Pacific Gas and Electric Com- Electric request an effective date of pany ...... 256, 318 15. New England Power Pool January 20, 2004. Comment Date: 5 p.m. eastern time on [Docket No. ER04–1005–000] SCE states that each of the August 4, 2004. Take notice that on July 12, 2004, the Agreements provides that the rate for S&D services will be redetermined 11. Praxair Plainfield, Inc. New England Power Pool (NEPOOL) Participants Committee filed a revision annually. SCE proposes an updated S&D [Docket No. ER04–635–001] to section 2.9(d) of NEPOOL Market rate of $101.61 per transaction. SCE is Take notice that on July 13, 2004, Rule 1, clarifying the procedures to be requesting an effective date of Praxair Plainfield, Inc. (Plainfield) filed used when correcting Day-Ahead September 10, 2004. an amendment to its pending Energy Market results. NEPOOL SCE states that copies of the filing application requesting acceptance of its requests an effective date of September were served upon the Public Utilities proposed Market-Based Rate Tariff 10, 2004. Commission of the State of California (Tariff), waiver of certain regulations, The NEPOOL Participants Committee and SCE’s jurisdictional customers and blanket approvals filed on March states that copies of the filing were sent listed above.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44529

Comment Date: 5 p.m. eastern time on ISO requests an effective date of July 8, Southern Power Co (CSP) has submitted August 4, 2004. 2004. (1) a Facilities, Interconnection, Midwest ISO states that a copy of this Operations and Maintenance Agreement 18. PacifiCorp filing was served on all parties. between OPC and the Village of [Docket No. ER04–1012–000] Comment Date: 5 p.m. eastern time on Woodsfield (Woodsfield) dated Take notice that on July 13, 2004, August 4, 2004. February 18, 2004, and (2) a Facility Construction, Operations, Maintenance PacifiCorp submitted Revised 21. Kansas Gas & Electric Company Appendices A, B, and C to the Amended and Repair Agreement between OPCo, and Restated Transmission Service and [Docket No. ER04–1016–000] CSP and American Municipal Power— Operating Agreement with Utah Take notice that on July 14, 2004, Ohio (AMP-Ohio) dated April 16, 2004, Municipal Power Agency (UMPA) Kansas Gas & Electric Company (KGE) consisting of a master agreement and designated as First Revised Sheet Nos. submitted 4th Revised Sheet No. 15 to four Facility Requests marked as Exhibit 45 through 49 to PacifiCorp’s First KGE’s Electric Service Tariff No. 93. A No.1 through Exhibit A No. 4. AEPSC Revised FERC Rate Schedule Nos. 279, KGE states that the change is to reflect requests an effective date of July 1, 289, 290, 291, 292 and 305. In addition, the amount of transmission capacity 2004. PacifiCorp submitted Notices of requirements required by Westar AEPSC states that a copy of the filing Cancellation of Rate Schedule Nos. 287 Energy, Inc., under Service Schedule M was served upon the Parties and the and 288 terminating the Mother Earth to Rate Schedule 93 for the period from State utility regulatory commission of Interconnection Agreements with the June 1, 2004, through May 31, 2005. Ohio. City of Provo, Utah and UMPA. KGE requests an effective date of June Comment Date: 5 p.m. eastern time on PacifiCorp states that copies of this 1, 2004. August 4, 2004. filing were supplied to the Public Utility KGE states that a copy of this filing 24. Florida Power & Light Company Commission of Oregon, the Washington has been served upon the Kansas Utilities and Transportation Corporation Commission. [Docket No. ER04–1019–000] Commission, and UMPA. Comment Date: 5 p.m. eastern time on Take notice that on July 14, 2004, Comment Date: 5 p.m. eastern time on August 4, 2004. Florida Power & Light Company (FPL) August 3, 2004. 22. San Diego Gas & Electric Company submitted 2nd Revised Service Agreement No. 194 to FERC Electric 19. Wheelabrator Westchester, L.P. [Docket No. ER04–1017–000] Tariff, 2nd Revised Volume No. 6, the [Docket Nos. ER04–1013–000 and ER98– Take notice that on July 14, 2004, San Interconnection & Operation Agreement 3030–002] Diego Gas & Electric Company (SDG&E) between FPL and DeSoto County Take notice that on July 12, 2004, submitted revisions to its Transmission Generating Company, L.L.C. (DeSoto). Wheelabrator Westchester, L.P. Owner Tariff, FERC Electric Tariff, FLP states that the revisions to Service (Westchester) tendered for filing with Original Volume No. 11 (TO Tariff), to Agreement No. 194 result from DeSoto’s the Commission (1) a triennial market make ministerial changes regarding the cancellation of its plans for a third power analysis; (2) a revised market- term ‘‘Reliability Services,’’ to generating unit. FPL requests an based rate tariff to incorporate the incorporate and provide for pass effective date of September 12, 2004. Market Behavior Rules adopted by the through to its customers reallocation of FPL state that copies of the filing were Commission in Investigation of Terms Must Offer Obligation/Minimum Load served upon DeSoto. and Conditions of Public Utility Market- Compensation Cost related charges from Comment Date: 5 p.m. eastern time on Based Rate Authorizations, 105 FERC the California Independent System August 4, 2004. ¶ 61,218 (2003); and (3) a Notice of Operator (CAISO), and to seek an 25. California Independent System Succession reflecting the fact that on interim increase in Reliability Services Operator Corporation May 25, 2001, Wheelabrator rates to address unexpected under- Westchester, L.P. changed its name from collections and anticipated year 2005 [Docket No. ER04–1020–000] Westchester RESCO Co., L.P. forecast increases. SDG&E requests an Take notice that on July 14, 2004, the Westchester states that it has served a effective date of July 14, 2004, for the California Independent System Operator copy of this filing on the Commission’s ministerial changes, an effective date as Corporation (ISO) submitted an official service list in Docket No. ER04– early as July 17, 2004, for the Must Offer amendment (Amendment No. 2) to 98–3030. Obligation/Minimum Load revise the Metered Subsystem Comment Date: 5 p.m. eastern time on Compensation Costs related charges, Aggregator Agreement between the ISO August 3, 2004. and an effective date of October 1, 2004, and Northern California Power Agency for the Reliability Services rates 20. Midwest Independent Transmission (NCPA). ISO states the purpose of increase. System Operator, Inc. Amendment No. 2 is to revise section SDG&E states that copies of the filing 13.10, section 13.11, and schedule 1 of [Docket No. ER04–1015–000] have been served on the California the agreement to (1) specify the Take notice that on July 14, 2004, Public Utilities Commission and the treatment of Minimum Load Costs and Midwest Independent Transmission CAISO. to incorporate ISO Tariff defined terms, System Operator, Inc. (Midwest ISO) Comment Date: 5 p.m. eastern time on (2) to address the treatment of new submitted an Interconnection and August 4, 2004. elements of the ISO’s Grid Management Operating Agreement among 23. American Electric Power Service Charge, and (3) to include the new Crownbutte Wind Power LLC, the Corporation Silicon Valley Power ‘‘Nortech-Northern Midwest ISO and Montana-Dakota Receiving Station’’ Point of Utilities Co., a Division of MDU [Docket No. ER04–1018–000] Interconnection. Resources Group, Inc. designated as Take notice that on July 14, 2004, The ISO states that this filing has been Original Service Agreement No. 1398 to American Electric Power Service served on NCPA, the California Public Midwest ISO’s FERC Electric Tariff, Corporation (AEPSC) on behalf of Ohio Utilities Commission, and all entities on Second Revised Volume No. 1. Midwest Power Company (OPC) and Columbus the official service lists for Docket No.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44530 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

ER02–2321–000 and No. ER03–1119– DEPARTMENT OF ENERGY prepare a single EIS that can be used to 000. satisfy their respective NEPA and SEPA Federal Energy Regulatory Comment Date: 5 p.m. eastern time on responsibilities. Commission With this notice, we 1 are asking other August 4, 2004. [Docket No. PF04–10–000] Federal, State, local, and tribal agencies Standard Paragraph with jurisdiction and/or special Northwest Pipeline Corporation; Notice expertise with respect to environmental Any person desiring to intervene or to of Intent To Prepare an Environmental issues to cooperate with us in the protest this filing must file in Impact Statement for the Proposed preparation of the EIS. These agencies accordance with Rules 211 and 214 of Capacity Replacement Project, may choose to participate once they the Commission’s Rules of Practice and Request for Comments on have evaluated Northwest’s proposal Procedure (18 CFR 385.211 and Environmental Issues, and Notice of relative to their responsibilities. 385.214). Protests will be considered by Public Scoping Meetings Agencies that would like to request the Commission in determining the cooperating status should follow the appropriate action to be taken, but will July 19, 2004. instructions for filing comments not serve to make protestants parties to The staff of the Federal Energy described later in this notice. the proceeding. Any person wishing to Regulatory Commission (Commission) This notice is being sent to affected will prepare an environmental impact become a party must file a notice of landowners; Federal, State, and local statement (EIS) that will discuss the government agencies; elected officials; intervention or motion to intervene, as environmental impacts of Northwest environmental and public interest appropriate. Such notices, motions, or Pipeline Corporation’s (Northwest), a groups; Native American tribes; other protests must be filed on or before the Williams Gas Pipeline company, interested parties; and local libraries comment date. Anyone filing a motion proposed Capacity Replacement Project. and newspapers. We encourage to intervene or protest must serve a copy This notice explains the scoping process government representatives to notify of that document on the Applicant. On that will be used to gather input from their constituents of this planned or before the comment date, it is not the public and interested agencies on project and encourage them to comment necessary to serve motions to intervene the project. Your input will help us on their areas of concern. or protests on persons other than the determine which issues need to be If you are a landowner receiving this Applicant. evaluated in the EIS. Please note that notice, you may be contacted by a The Commission encourages the scoping period for the project will Northwest representative about the electronic submission of protests and close on August 18, 2004. acquisition of an easement to construct, Comments may be submitted interventions in lieu of paper using the operate, and maintain the proposed electronically, in written form, or facilities. The pipeline company would ‘‘eFiling’’ link at http://www.ferc.gov. verbally. In lieu of sending comments, seek to negotiate a mutually acceptable Persons unable to file electronically we invite you to attend the public agreement. However, if the project is should submit an original and 14 copies scoping meetings that have been approved by the FERC, that approval of the protest or intervention to the scheduled in the project area. These conveys with it the right of eminent Federal Energy Regulatory Commission, meetings are scheduled for August 2, domain. Therefore, if easement 888 First Street, NE., Washington, DC 2004, in Arlington, Washington; August negotiations fail to produce an 20426. 3, 2004, in Redmond, Washington; and agreement, the pipeline company could This filing is accessible on-line at August 4, 2004, in Yelm, Washington. initiate condemnation proceedings in http://www.ferc.gov, using the Further instructions on how to submit accordance with Washington state law. ‘‘eLibrary’’ link and is available for comments and additional details of the A fact sheet prepared by the FERC review in the Commission’s Public public scoping meetings are provided in entitled ‘‘An Interstate Natural Gas Reference Room in Washington, DC. the public participation section of this Facility on My Land? What Do I Need There is an ‘‘eSubscription’’ link on the notice. To Know?’’ is available for viewing on The FERC will be the lead Federal Web site that enables subscribers to the FERC Internet Web site (http:// agency for the preparation of the EIS. receive e-mail notification when a www.ferc.gov). This fact sheet addresses The document will satisfy the a number of typically asked questions, document is added to a subscribed requirements of the National including the use of eminent domain docket(s). For assistance with any FERC Environmental Policy Act (NEPA). The and how to participate in the FERC’s Online service, please e-mail Washington Department of Ecology proceedings. [email protected], or call (Ecology) will be the lead State agency (866) 208–3676 (toll free). For TTY, call with responsibility for complying with Summary of the Proposed Project (202) 502–8659. the State Environmental Policy Act Northwest proposes to construct approximately 81 miles of new 36-inch- Magalie R. Salas, (SEPA) and has agreed to participate as a cooperating agency in the preparation diameter pipeline in four loops 2 located Secretary. of the EIS. This notice serves as in Whatcom, Skagit, Snohomish, King, [FR Doc. E4–1651 Filed 7–23–04; 8:45 am] Ecology’s Determination of Significance Pierce, and Thurston Counties, BILLING CODE 6717–01–P and Request for Comments on the Scope Washington. The new loops would be of the EIS. The U.S. Army Corps of adjacent to Northwest’s existing 26- Engineers (COE) has also agreed to inch- and 30-inch-diameter mainlines participate as a cooperating agency in and primarily within Northwest’s the preparation of the EIS to satisfy its NEPA responsibilities under section 404 1 ’’We,’’ ‘‘us,’’ and ‘‘our’’ refer to the of the Clean Water Act and section 10 environmental staff of the Office of Energy Projects. 2 A loop is a segment of pipeline that is usually of the Rivers and Harbors Act. It is the installed adjacent to an existing pipeline and goal of the FERC, Ecology, and the COE connected to it at both ends. The loop allows more to avoid duplication of effort and gas to be moved through the system.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44531

existing right-of-way. Mainline block existing 75-foot-wide right-of-way using considers the issuance of a Certificate of valves and pig 3 launcher/receiver a standard 20-foot offset from the Public Convenience and Necessity. facilities would be installed along the existing 30-inch-diameter mainline. At Ecology, as the lead State agency, is loops. The Capacity Replacement certain locations (e.g., utility and road required to consider the same potential Project would also involve the total net crossings), variations from this standard impacts under SEPA. The EIS we are addition of 17,120 horsepower at five offset would be needed. Most variations preparing will give both the FERC and existing compressor stations (one each would still be located within the Ecology the information needed to do in Whatcom, Skagit, Snohomish, Lewis, existing right-of-way but offset at that. and Clark Counties, Washington). A slightly wider or narrower intervals. In Although no formal application has general overview of the major project some areas, the proposed pipeline been filed, we have already initiated our facilities is shown on figure 1 in would deviate from the existing right-of- NEPA review under the FERC’s NEPA appendix 1.4 way due to topographic or resource/land Pre-Filing Process. The purpose of the The purpose of the project is to use constraints. In certain areas where Pre-Filing Process is to encourage the replace the delivery capacity of encroachment, development, or other early involvement of interested Northwest’s existing 26-inch-diameter limitations confine available workspace stakeholders and to identify and resolve mainline within a 3-year timeframe to the existing right-of-way, Northwest issues before an application is filed with established by the U.S. Department of would remove the existing 26-inch- the FERC. Ecology has agreed to Transportation under a Corrective diameter mainline and install the new conduct its SEPA review in conjunction Action Order. Once the new loops are 36-inch-diameter pipeline loop in the with the NEPA Pre-Filing Process. A installed, Northwest would disconnect same ditch. diagram depicting the environmental the entire 26-inch-diameter pipeline and Northwest currently retains a 75-foot- review process for the project is abandon 5 the system in place. wide permanent right-of-way for the attached to this notice as appendix 2. The Capacity Replacement Project is majority of its existing pipelines. As part of our NEPA Pre-Filing scheduled to be in service by November Because the majority of the new Process review, representatives from the 1, 2006. Northwest is requesting pipeline loops would be installed FERC participated in public open approval to begin compressor station within the existing 75-foot-wide right- houses sponsored by Northwest in the work in March 2006 and pipeline of-way, no additional permanent right- project area on June 28–30 and July 12– construction in May 2006. The of-way would be required. However, in 15, 2004, to explain the environmental compressor station modifications would some locations, Northwest retains only review process to interested take a maximum of 7 months; pipeline a 60-foot-wide permanent right-of-way. stakeholders and take comments about construction is estimated to take In these areas, Northwest may request the project. On July 1, 2004, the FERC approximately 5 months. additional operational right-of-way to staff conducted an interagency scoping meeting in the project area to solicit Land Requirements for Construction bring the easement up to 75 feet if space is available and the landowner is comments and concerns about the Construction of Northwest’s proposed willing to expand the easement. If the project from jurisdictional agencies. pipeline facilities would require about proposed pipeline loop would deviate Agencies present at the meeting 929.6 acres of land, of which 733.9 acres from the existing right-of-way, included the COE, NOAA Fisheries, would be within Northwest’s existing Northwest would typically retain a 75- Fort Lewis Army Base, Ecology, the maintained right-of-way and 195.7 acres foot-wide new permanent right-of-way Washington Department of Fish and would be new temporary disturbance. (37.5 feet on either side of the pipeline). Wildlife, the Washington Department of The typical construction right-of-way The modifications to the existing Natural Resources, and the Washington for the pipeline would be 95 feet wide, compressor stations would be Utilities and Transportation consisting of Northwest’s existing 75- constructed within the existing facility Commission. The Lummi Nation was foot-wide maintained right-of-way and sites, except for a 1.6-acre extra also represented. 20 feet of new temporary workspace. workspace that would be temporarily By this notice, we are formally Additional right-of-way width and needed at the Sumas Compressor announcing our preparation of the EIS temporary extra workspace would be Station and a 1.0-acre extra workspace and requesting additional agency and required at certain feature crossings and that would be temporarily needed at the public comments to help us focus the areas requiring topsoil segregation and Chehalis Compressor Station. analysis in the EIS on the potentially special construction techniques. Mainline block valves would be significant environmental issues related The pipeline loops would be installed within the permanent right-of- to the proposed action. If you provided generally installed within Northwest’s way at the beginning and end points of comments at the interagency scoping each loop and at intermediate locations meeting discussed above, you do not 3 A pig is an internal tool that can be used to as necessary. The majority of the need to resubmit the same comments. clean and dry a pipeline and/or to inspect it for Our independent analysis of the damage or corrosion. proposed mainline valves would be 4 The appendices referenced in this notice are not collocated with existing mainline valves issues will be included in a draft EIS. being printed in the Federal Register. Copies are and other aboveground facilities. Pig The draft EIS will be mailed to Federal, available on the Commission’s Internet Web site launchers and receivers would be State, and local government agencies; (http://www.ferc.gov) at the ‘‘eLibrary’’ link or from elected officials; environmental and the Commission’s Public Reference Room at (202) installed within the permanent right-of- 502–8371. For instructions on connecting to way at the beginning and end points of public interest groups; Native American eLibrary, refer to the end of this notice. Copies of each loop. The majority of the proposed tribes; affected landowners; other the appendices were sent to all those receiving this interested parties; local libraries and notice in the mail. Requests for detailed maps of the pig launchers and receivers would be proposed facilities should be made directly to collocated with existing aboveground newspapers; and the FERC’s official Northwest via e-mail at facilities. service list for this proceeding. A 45-day [email protected] or by comment period will be allotted for calling 1–866–623–4336. The EIS Process review of the draft EIS. We will consider 5 In utility law, the term abandonment refers to NEPA requires the FERC to take into all timely comments on the draft EIS government authorization for a utility to cease provision of a particular service and/or to shut account the environmental impacts that and revise the document, as necessary, down a particular facility. could result from an action whenever it before issuing a final EIS.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44532 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Currently Identified Environmental habitat. —Assessment of the effect of the Issues —Potential effect on State-listed proposed project when combined sensitive species. with other past, present, or future The EIS will discuss impacts that • could occur as a result of the Cultural Resources: actions in the same region. —Assessment of survey construction and operation of the Public Participation proposed project. We have already methodologies. identified a number of issues and —Effect on historic and prehistoric You can make a difference by alternatives that we think deserve sites. providing us with your specific attention based on a preliminary review —Native American and tribal comments or concerns about of the proposed facilities, the concerns, including impacts on Northwest’s proposal. Your comments environmental information provided by traditional cultural properties and should focus on the potential fishing rights. environmental effects, reasonable Northwest, and the scoping comments • received to date. This preliminary list of Land Use, Recreation and Special alternatives, and measures to avoid or issues and alternatives may be changed Interest Areas, and Visual lessen environmental impact. The more based on your comments and our Resources: specific your comments, the more useful additional analysis. —Impacts on 16.4 miles of they will be. To expedite our receipt agricultural land. • and consideration of your comments, Geology and Soils: —Impacts on approximately 182 the Commission strongly encourages —Assessment of potential geological residences within 50 feet of the electronic submission of any comments hazards. construction work area. on this project. See title 18 Code of —Erosion and sedimentation control. —Impacts on Fort Lewis. Federal Regulations 385.2001(a)(1)(iii) —Right-of-way restoration. • —Evaluation of the project’s and the instructions on the Water Resources: consistency with regional and local —Impact on groundwater and surface Commission’s Internet Web site at land use management plans, water supplies. http://www.ferc.gov under the ‘‘eFiling’’ policies, and ordinances, including —Impact on wetland hydrology and link and the link to the User’s Guide. the Shoreline Management Act and assessment of wetland mitigation Before you can submit comments you Shoreline Master Programs. options. will need to create a free account by —Effect of pipeline crossings on —Impacts associated with clicking on ‘‘Sign-up’’ under ‘‘New perennial and intermittent contaminated sites. User.’’ You will be asked to select the —Visual impacts. type of submission you are making. This waterbodies. • —Assessment of special measures for Socioeconomics: type of submission is considered a the crossing of Saar Creek, North —Effects on transportation and traffic. ‘‘Comment on Filing.’’ Your comments Fork Nooksack River, Pilchuck —Effects of construction workforce must be submitted electronically by Creek, North Fork Stillaguamish demands on public services and August 18, 2004. temporary housing. If you wish to mail comments, please River, South Fork Stillaguamish • River, and the Nisqually River. Air Quality and Noise: mail your comments so that they will be —Assessment of contingency plans —Effects on local air quality and received in Washington, DC on or before for frac-outs associated with noise environment from August 18, 2004, and carefully follow horizontal directional drills. construction and operation of the these instructions: proposed facilities. —Assessment of alternative Send an original and two copies of • Reliability and Safety: waterbody crossing methods. your letter to: —Assessment of hazards associated —Effect of streambottom scour on the • Magalie R. Salas, Secretary, Federal new and existing pipelines. with natural gas pipelines. • Alternatives: Energy Regulatory Commission, 888 —Assessment of hydrostatic test First Street, NE., Room 1A, Washington, water sources and discharge —Assessment of the potential to add compression to eliminate or DC 20426; locations. • Label one copy of your comments • Fish, Wildlife, and Vegetation: minimize pipeline construction. for the attention of the Gas Branch 2, —Effect on coldwater and sensitive —Assessment of the potential to change the locations of the pipeline DG2E; and fisheries. • —Effect on wildlife resources and loops to lessen or avoid impacts on Reference Docket No. PF04–10–000 their habitat. residences and various resource and on the original and both copies. —Effect on migratory birds. special interest areas. The public scoping meetings, which —Assessment of construction time —Identification of route variations will be joint NEPA/SEPA scoping window restrictions. and/or non-standard parallel offsets meetings, are designed to provide —Effect on riparian vegetation. to lessen or avoid impacts. another opportunity to offer comments —Assessment of measures to —Assessment of returning the on the proposed project. Interested successfully revegetate the right-of- existing 26-inch-diameter pipeline groups and individuals are encouraged way. to permanent service to eliminate or to attend the meetings and to present • Special Status Species: minimize new pipeline comments on the environmental issues —Potential effect on federally listed construction. they believe should be addressed in the or proposed species (including the —Evaluation of removing the 26-inch- EIS. A transcript of the meetings will be northern spotted owl). diameter pipeline and installing the generated so that your comments will be —Assessment of mitigation for 36-inch-diameter pipeline loops in accurately recorded. All meetings will impacts on the northern spotted the same ditch for the entire project. begin at 7 p.m. (p.s.t.), and are owl and its designated critical • Cumulative Impact: scheduled as follows:

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44533

Date Location

Monday, August 2, 2004 ...... Hawthorn Inn & Suites, 16710 Smokey Point Blvd., Arlington, WA 98223; (360) 657–0500. Tuesday, August 3, 2004 ...... Marriott Redmond Town Center, 7401 164th Avenue, NE., Redmond, WA 98052; (425) 498– 4120. Wednesday, August 4, 2004 ...... Prairie Hotel, 700 Prairie Park Lane, Yelm, WA 98597; (360) 458–8300.

Everyone who responds to this notice such as orders, notices, and rule ADDRESSES: Comments should be or provides comments throughout the makings. addressed to Suzanne Canning, Docket EIS process will be retained on our In addition, the FERC now offers a Clerk, U.S. Environmental Protection mailing list. If you do not want to send free service called eSubscription that Agency, Region III, 1650 Arch Street, comments at this time but still want to allows you to keep track of all formal Philadelphia, PA 19103–2029, and stay informed and receive copies of the issuances and submittals in specific should refer to the Malvern TCE draft and final EISs, you must return the dockets. This can reduce the amount of Superfund Site, East Whiteland Mailing List Retention Form (appendix time you spend researching proceedings Township, Chester County, 3). If you do not send comments or by automatically providing you with Pennsylvania. return the Mailing List Retention Form notification of these filings, document FOR FURTHER INFORMATION CONTACT: Joan asking to remain on the mailing list, you summaries, and direct links to the A. Johnson (3RC41), 215/814–2619, U.S. will be taken off the mailing list. documents. To register for this service, Environmental Protection Agency, 1650 Once Northwest formally files its go to http://www.ferc.gov/ Arch Street, Philadelphia, Pennsylvania application with the Commission, you esubscribenow.htm. 19103–2029. may want to become an official party to Finally, Northwest has established an SUPPLEMENTARY INFORMATION: Notice of the proceeding known as an Internet Web site for its project at de minimis settlement: In accordance ‘‘intervenor.’’ Intervenors play a more http://www.williams.com/ with section 122(i)(1) of CERCLA, 42 formal role in the process and are able williamsinwashington/. The Web site U.S.C. 122(i)(1), notice is hereby given to file briefs, appear at hearings, and be includes a description of the project and of a proposed administrative settlement heard by the courts if they choose to an overview map of the proposed loops. concerning the Malvern TCE Superfund appeal the Commission’s final ruling. Northwest will continue to update its An intervenor formally participates in a Web site with information about the Site, in East Whiteland and Charlestown Commission proceeding by filing a project. Townships, Chester County, request to intervene. Instructions for Pennsylvania. The administrative Magalie R. Salas, becoming an intervenor are included in settlement is subject to review by the the User’s Guide under the ‘‘eFiling’’ Secretary. public pursuant to this Notice. The link on the Commission’s Web site. [FR Doc. E4–1649 Filed 7–23–04; 8:45 am] proposed agreement has been reviewed Please note that you may not request BILLING CODE 6717–01–P and approved by the United States intervenor status at this time. You must Department of Justice. The following de wait until a formal application is filed minimis parties have executed signature with the Commission. ENVIRONMENTAL PROTECTION pages, consenting to participate in this Affected landowners and parties with AGENCY settlement: Allister Manufacturing Corporation/C.P. Allstar Corporation/ environmental concerns may be granted [FRL–7792–2] intervenor status upon showing good Relm Wireless Corporation; Athena cause by stating that they have a clear Proposed Administrative Settlement Controls, Inc.; Ametek, Inc.; Airline and direct interest in this proceeding Under the Comprehensive Hydraulics Corporation; BFI Waste that would not be adequately Environmental Response, Service of Pennsylvania, LLC/BFI Waste represented by any other parties. You do Compensation, and Liability Act Systems of North America, Inc./ not need intervenor status to have your Browning-Ferris Industries a/k/a Allied environmental comments considered. AGENCY: Environmental Protection Waste; Camdel Metals Corporation; Agency (EPA). Carvel Hall, Inc./Syratech Corporation/ Availability of Additional Information ACTION: Notice; request for public CHI International, Inc./Towle Additional information about the comment. Manufacturing Company; CK project is available from the Systematics Inc./Systematics, Inc.; E. Commission’s Office of External Affairs SUMMARY: The U.S. Environmental Frank Hopkins Company, Inc.; Fabric at 1–866–208 FERC or on the FERC Protection Agency is proposing to enter Development, Inc.; Fergusson-McKenna Internet Web site (http://www.ferc.gov) into a de minimis settlement pursuant to Supply, Inc.; Fraser-Volpe Corporation; using the ‘‘eLibrary’’ link. Click on the section 122(g)(4) of the Comprehensive Gulf & Western Industries, Inc./Collins eLibrary link, click on ‘‘General Environmental Response, Compensation & Aikman Products Co./Heartland Search,’’ and enter the docket number and Liability Act of 1980, as amended Industrial Partners, L.P.; High Energy excluding the last three digits in the (CERCLA), 42 U.S.C. 9622(g)(4). This Corporation; Kosempel Manufacturing Docket Number field (i.e., PFO4–10). Be proposed settlement is intended to Company; Leeds & Northrup Company/ sure you have selected an appropriate resolve the liabilities under CERCLA of SPX Corporation; Matheson date range. For assistance, please twenty-six (26) de minimis parties for Instruments, Inc./Matheson Tri-Gas, contact FERC Online Support at http:// response costs incurred and to be Inc.; Model Finishing Company, Inc.; [email protected] or incurred at the Malvern TCE Superfund Narco Avionics, Inc.; Oxford Metal toll free at 1–866–208–3676, or for TTY, Site, East Whiteland and Charlestown Products Co., Inc.; Philco-Ford contact (202) 502–8659. The eLibrary Townships, Chester County, Corporation/Loral Space & link on the FERC Internet Web site also Pennsylvania. Communications, Ltd./Space Systems/ provides access to the texts of formal DATES: Comments must be provided on Loral, Inc./Ford Motor Company, Inc.; documents issued by the Commission, or before August 25, 2004. Princo Instruments, Inc.; Prodelin, Inc./

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44534 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

M/A-COM, Inc.; Sermetal, Inc./ 106 and 107 of CERCLA, 42 U.S.C. 9606 FOR FURTHER INFORMATION CONTACT: Sermetech International Incorporated/ and 9607, or for injunctive relief Cheryl King, (202) 418–2284 (voice), Teleflex Incorporated; Solid State pursuant to section 7003 of the Resource (202) 418–0416 (TTY), or e-mail Scientific, Inc./American Financial Conservation and Recovery Act, 42 [email protected]. Group, Inc.; Xynatech Inc., (NM Corp)/ U.S.C. 6973, with regard to the Site. SUPPLEMENTARY INFORMATION: This is a Xynatech Inc., (PA Corp)/National EPA initially issued this settlement offer summary of the Commission’s Public Metalcrafters (PA Corp)/Xynatech to the de minimis parties on August 18, Notice, DA 04–2062, released July 9, Manufacturing (PA Corp). 2003. This offer was subsequently 2004. Interested parties may file The twenty-six (26) settling parties revised and reissued on October 20, comments in this proceeding on or collectively have agreed to pay 2003. before August 15, 2004 and reply The Environmental Protection Agency $996,210.00 to the Hazardous comments may be filed on or before Substances Trust Fund subject to the will receive written comments relating August 30, 2004. When filing contingency that EPA may elect not to to this settlement for thirty (30) days comments, please reference CG Docket complete the settlement if comments from the date of publication of this No. 03–123. Comments may be filed received from the public during this notice. The Agency will consider all using the Commission’s Electronic comment period disclose facts or comments received and may modify or Comment Filing System (ECFS) or by considerations which indicate the withdraw its consent to the settlement filing paper copies. See Electronic Filing proposed settlement is inappropriate, if comments received disclose facts or of Documents in Rulemaking improper, or inadequate. Monies considerations which indicate that the Proceedings, 63 FR 24121, May 1, 1998. collected from the de minimis parties settlement is inappropriate, improper, Comments filed through the ECFS can will be applied towards past and future or inadequate. Commenters may request response costs incurred by EPA or PRPs an opportunity for a public meeting in be sent as an electronic file via the performing work at or in connection the affected area in accordance with Internet to http://www.fcc.gov/e-file/ with the Site. The settlement includes a section 7003(d) of RCRA, 42 U.S.C. ecfs.html. Generally, only one copy of premium payment equal to either 125% 6973(d). A copy of the proposed an electronic submission must be filed. or 225% of the estimated future Administrative Order on Consent can be In completing the transmittal screen, response costs incurred in connection obtained from Joan A. Johnson, U.S. commenters should include their full with the Site, to be assessed as follows: Environmental Protection Agency, name, Postal Service mailing address, 125% assessed for those parties that Region III, Office of Regional Counsel, and the applicable docket or rulemaking have not received a prior de minimis 1650 Arch Street, Philadelphia, number. Parties may also submit an settlement offer from EPA; and 225% for Pennsylvania 19103–2029, or by electronic comment by Internet e-mail. those parties that received a prior contacting Joan A. Johnson at (215) 814– To get filing instructions for e-mail settlement offer from EPA but declined 2619. comments, commenters should send an to participate in a prior settlement. The e-mail to [email protected], and should Dated: July 19, 2004. include the following words in the body additional premium assessed for those Richard J. Kampf, parties that received a prior settlement of the message, ‘‘get form .’’ A sample form and participate in a prior settlement, was [FR Doc. 04–16945 Filed 7–23–04; 8:45 am] directions will be sent in reply. intended to mitigate any financial gain BILLING CODE 6560–50–P Parties who choose to file by paper the parties might have obtained by not must file an original and four copies of participating in the first settlement. The each filing. Filings can be sent by hand settlement also includes a reservation of FEDERAL COMMUNICATIONS or messenger delivery, by electronic rights by EPA, pursuant to which EPA COMMISSION media, by commercial overnight courier, or by first-class or overnight U.S. Postal reserves its rights to seek recovery from [CG Docket 03–123; DA 04–2062] the settling de minimis parties of Services mail (although we continue to response costs incurred by EPA in Petition for Declaratory Ruling Filed experience delays in receiving U.S. connection with the Site to the extent Regarding Provision of Video Relay Postal Service mail). The Commission’s such costs exceed $31.2 million. Service (VRS) Video Mail contractor, Natek, Inc., will receive EPA is entering into this agreement hand-delivered or messenger-delivered under the authority of section 122(g) of AGENCY: Federal Communications paper filings or electronic media for the CERCLA, 42 U.S.C. 9622(g). Section Commission. Commission’s Secretary at 236 122(g) authorizes early settlements with ACTION: Notice. Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours de minimis parties to allow them to SUMMARY: In this document, the at this location are 8 a.m. to 7 p.m. All resolve their liabilities at Superfund Commission addresses a Petition for Sites without incurring substantial hand deliveries must be held together Declaratory Ruling filed on March 31, with rubber bands or fasteners. Any transaction costs. Under this authority, 2004, by Hands On Video Relay Service, EPA proposes to settle with potentially envelopes must be disposed of before Inc. (HOVRS), requesting that the responsible parties in connection with entering the building. Commercial and Commission declare that the provision the Malvern TCE Superfund Site, each electronic media sent by overnight mail of Video VRS Mail to deaf and hard of of whom is responsible for .75 percent (other than U.S. Postal Service Express hearing persons is eligible for or less of the volume of hazardous Mail and Priority Mail) must be sent to compensation from the Interstate TRS substance sent to the Site. As part of this 9300 East Hampton Drive, Capitol Fund. de minimis settlement, EPA will grant Heights, MD 20743. U.S. Postal Service the twenty-five settling de minimis DATES: Comments are due on or before first-class mail, Express Mail, and parties a covenant not to sue or take August 15, 2004. Reply comments are Priority Mail should be addressed to 445 administrative action against any of the due on or before August 30, 2004. 12th Street, SW., Washington, DC twenty-five settling PRPs for ADDRESSES: Federal Communications 20554. All filings must be addressed to reimbursement of response costs or Commission, 445 12th Street, SW., the Commission’s Secretary, Marlene H. injunctive relief pursuant to sections Washington, DC 20554. Dortch, Office of the Secretary, Federal

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44535

Communications Commission, 445 12th telephone system accessible to that the matters could be considered in Street, SW., Room TW–B204 individuals with hearing or speech a closed meeting by authority of Washington, DC 20554. disabilities. See 47 U.S.C. 225. This is subsection (c)(2) of the ‘‘Government in Parties who choose to file by paper accomplished through TRS facilities the Sunshine Act’’ (5 U.S.C. 552b(c)(2)). should also submit their comments on that are staffed by specially trained CAs The meeting was held in the Board diskette. These diskettes should be using special technology. The CA relays Room of the FDIC Building located at submitted, along with three paper conversations between persons using 550—17th Street, NW., Washington, DC. copies, to: Dana Jackson, Consumer & various types of assistive Dated: July 20, 2004. Governmental Affairs Bureau, Disability communication devices and persons Federal Deposit Insurance Corporation. Rights Office, 445 12th Street, SW., who do not require such assistive Room 6C–410, Washington DC 20554. devices. VRS—Video Relay Service—is Robert E. Feldman, Such a submission should be on a 3.5 ‘‘a telecommunications relay service Executive Secretary. inch diskette formatted in an IBM that allows people with hearing or [FR Doc. E4–1642 Filed 7–23–04; 8:45 am] compatible format using Word 97 or speech disabilities who use sign BILLING CODE 6714–01–P compatible software. The diskette language to communicate with voice should be accompanied by a cover letter telephone users with video equipment. and should be submitted in ‘‘read only’’ The video link allows the FEDERAL MARITIME COMMISSION mode. The diskette should be clearly [communications assistant] to view and labeled with the commenter’s name, interpret the party’s signed conversation Notice of Agreement Filed proceeding (including the lead docket and relay the conversation back and The Commission hereby gives notice number in this case, CG Docket No. 03– forth with a voice caller.’’ 47 CFR 123, type of pleading (comment or reply of the filing of the following agreement 64.601(17). According to HOVRS, Video under the Shipping Act of 1984. comment), date of submission, and the VRS Mail is a means by which hearing name of the electronic file on the Interested parties can review or obtain persons can have a VRS copy of the agreement at the diskette. The label should also include communications assistant send a the following phrase ‘‘Disk Copy—Not Washington, DC offices of the message in video format (American Sign Commission, 800 North Capitol Street, an Original.’’ Each diskette should Language) to a deaf or hard of hearing contain only one party’s pleadings, NW., Room 940. Interested parties may VRS user who is not available to answer submit comments on an agreement to preferably in a single electronic file. In the call, so that the VRS user can addition, commenters must send the Secretary, Federal Maritime retrieve the video message at a later Commission, Washington, DC 20573, diskette copies to the Commission’s time. duplicating contractor, Best Copy and within 10 days of the date this notice Printing, Inc. (BCPI), Portals II, 445 12th Federal Communications Commission. appears in the Federal Register. Street, SW., Room CY–B402, P. June Taylor, Agreement No.: 201159. Washington, DC 20554. Pursuant to Chief of Staff, Consumer & Governmental Title: Memorandum of Settlement of § 1.1206 of the Commission’s rules, 47 Affairs Bureau. Local Conditions in the Port of New CFR 1.1206, this proceeding will be [FR Doc. 04–16974 Filed 7–23–04; 8:45 am] York and New Jersey. Parties: New York Shipping conducted as a permit-but-disclose BILLING CODE 6712–01–P proceeding in which ex parte Association, Inc. and the International communications are subject to Longshoremen’s Association. disclosure. Filing Parties: Andre Mazzola; FEDERAL DEPOSIT INSURANCE Gleason & Mathews, P.C.; 26 Broadway, Copies of any subsequently filed CORPORATION documents in this matter will be 17 Floor; New York, New York 10004; and William M. Spelman; Lambos available for public inspection and Notice of Agency Meeting copying during regular business hours &Junge; 29 Broadway, 9th Floor; New at the FCC Reference Information Pursuant to the provisions of the York, New York 10006. Center, Portals II, 445 12th Street, SW., ‘‘Government in the Sunshine Act’’ (5 Synopsis: The agreement establishes Room CY–A257, Washington, DC 20554. U.S.C. 552b), notice is hereby given that, local conditions for the Port of New The complete text of this Public Notice at 3:30 p.m. on Monday, July 19, 2004, York-New Jersey under the ILA Master may be purchased from the the Board of Directors of the Federal Contract. Commission’s duplicating contractor, Deposit Insurance Corporation met in Dated: July 20, 2004. BCPI, Portals II, 445 12th Street, SW., closed session to consider matters By Order of the Federal Maritime Room CY–B402, Washington, DC 20554, relating to the Corporation’s corporate Commission. telephone (202) 863–2893, facsimile activities. Bryant L. VanBrakle, (202) 863–2898, or via e-mail at http:// In calling the meeting, the Board Secretary. determined, on motion of Director www.bcpiweb.com. [FR Doc. 04–16884 Filed 7–23–04; 8:45 am] To request materials in accessible Thomas J. Curry, seconded by Vice BILLING CODE 6730–01–P formats (such as Braille, large print, Chairman John M. Reich, concurred in electronic files, or audio format), send by Director James E. Gilleran (Director, an e-mail to [email protected] or call the Office of Thrift Supervision), and FEDERAL RESERVE SYSTEM Consumer & Governmental Affairs Chairman Donald E. Powell, that Bureau at (202) 418–0530 (voice) or Corporation business required its Formations of, Acquisitions by, and (202) 418–0432 (TTY). This Public consideration of the matters on less than Mergers of Bank Holding Companies Notice can also be downloaded in Word seven days’ notice to the public; that no and Portable Document Format at notice of the meeting earlier than July The companies listed in this notice http://www.fcc.gov/cgb.dro. 13, 2004, was practicable; that the have applied to the Board for approval, Synopsis: As background, TRS, as public interest did not require pursuant to the Bank Holding Company mandated by Title IV of the Americans consideration of the matters in a Act of 1956 (12 U.S.C. 1841 et seq.) with Disabilities Act of 1990, makes the meeting open to public observation; and (BHC Act), Regulation Y (12 CFR part

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44536 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

225), and all other applicable statutes DEPARTMENT OF HEALTH AND health strategy to reduce morbidity and and regulations to become a bank HUMAN SERVICES mortality from genetic diseases, and in holding company and/or to acquire the particular, Hemochromatosis. assets of the ownership of, control of, or Centers for Disease Control and To understand the effectiveness of the power to vote shares of a bank or Prevention family-based detection for bank holding company and all of the [30Day–04–CC] Hemochromatosis the following will be banks and nonbanking companies evaluated: • owned by the bank holding company, Proposed Data Collections Submitted Barriers and motivators to family- including the companies listed below. for Public Comment and based detection as a strategy for early Recommendations diagnosis of Hemochromatosis. (Early The applications listed below, as well detection facilitates early treatment to as other related filings required by the The Centers for Disease Control and slow the course of disease.) Board, are available for immediate Prevention (CDC) publishes a list of • How physicians communicate with inspection at the Federal Reserve Bank information collection requests under patients about the importance of family- indicated. The application also will be review by the Office of Management and based detection and the need for available for inspection at the offices of Budget (OMB) in compliance with the patients to encourage biological siblings the Board of Governors. Interested Paperwork Reduction Act (44 U.S.C. to seek testing. persons may express their views in chapter 35). To request a copy of this • Factors that foster good writing on the standards enumerated in request, call the CDC Reports Clearance communication among biological the BHC Act (12 U.S.C. 1842(c)). If the Officer at (404) 498–1210 or send an e- siblings about the importance of seeking mail to [email protected]. Send written proposal also involves the acquisition of medical testing by those at increased comments to CDC Desk Officer, Human a nonbanking company, the review also risk of Hemochromatosis. Resources and Housing Branch, New includes whether the acquisition of the • Factors that affect the willingness of Executive Office Building, Room 10235, biological siblings to take action to seek nonbanking company complies with the Washington, DC 20503 or by fax to (202) standards in section 4 of the BHC Act out and receive testing for 395–6974. Written comments should be Hemochromatosis. (12 U.S.C. 1843). Unless otherwise received within 30 days of this notice. • noted, nonbanking activities will be Information and key messages that conducted throughout the United States. Proposed Project motivate patients to advise their biological siblings about their increased Additional information on all bank Understanding Family-based risk for Hemochromatosis and need for holding companies may be obtained Detection as a Strategy for Early diagnostic testing. Diagnosis of Hemochromatosis—New— from the National Information Center • How physicians use medical National Center for Chronic Disease Web site at http://www.ffiec.gov/nic/. histories to identify people who should Prevention and Health Promotion Unless otherwise noted, comments be tested because they have a relative (NCCDPHP), Centers for Disease Control regarding each of these applications with Hemochromatosis. and Prevention (CDC). must be received at the Reserve Bank Hemochromatosis is a disease that The proposed research to be undertaken indicated or the offices of the Board of occurs as a result of excess iron by CDC will incorporate several types of Governors not later than August 20, accumulation in the tissues and organs. qualitative data collection: structured 2004. The majority of Hemochromatosis cases one-on-one interviews, triads (small A. Federal Reserve Bank of St. Louis are due to HFE gene mutations. Early focus groups) and traditional focus (Randall C. Sumner, Vice President) 411 Hemochromatosis symptoms are groups. Subjects will include Locust Street, St. Louis, Missouri nonspecific and are often overlooked by Hemochromatosis patients, biological 63166–2034: physicians or mistaken for other siblings of patients, and physicians. conditions. Fortunately, Topics to be explored with each of the 1. Maries County Bancorp, Inc., Hemochromatosis can be detected with three subject groups include the Vienna, Missouri; to acquire additional simple blood tests. When treatment by knowledge, attitudes, perceptions, and voting shares, for a total of 9.02 percent, therapeutic phlebotomy is instituted behaviors related to family-based of Branson Bancshares, Inc., Branson, early in the course of the disease, the detection. Missouri, and thereby indirectly acquire many severe complications associated Patients will be recruited in Boston voting shares of Branson Bank, Branson, with Hemochromatosis (e.g. cirrhosis of and Chicago from the following places Missouri. the liver, liver cancer, cardiomyopathy, (where Hemochromatosis patients often Board of Governors of the Federal Reserve and heart failure) can be effectively undergo treatment by therapeutic System, July 21, 2004. prevented. phlebotomy): • Blood banks; Robert deV. Frierson, Hemochromatosis is a genetic disease, and blood relatives of Hemochromatosis • Hospital laboratories; Deputy Secretary of the Board. patients are at increased risk. The public • Other health care provider facilities. [FR Doc. 04–16948 Filed 7–23–04; 8:45 am] health strategy for early detection of Siblings will be recruited either through BILLING CODE 6210–01–M hereditary Hemochromatosis is making the patients or by self-referral. Health patient family members aware of their care providers will be recruited through increased risk and encouraging them to publicly available lists of physicians, or seek voluntary diagnostic testing recommendations from project staff, (‘‘family-based detection’’). CDC wants patients, biological siblings, blood to evaluate family-based detection as a banks, hospital laboratories, strategy to identify people with Hemochromatosis organizations, and Hemochromatosis. The proposed health care providers knowledgeable research project will examine the about Hemochromatosis. Information effectiveness of and barriers to the use about the study will be available on the of family-based detection as a public CDC Web site. Hemochromatosis

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44537

organizations will be invited to notify telephone interview, 15 will be selected groups. The estimated annualized their members about this research. for individual interviews, 30 will be burden is 311 hours. There are no costs to respondents. Of selected for triads and 80 will be Annualized Burden Table: the 250 individuals screened through a selected for participation in focus

Number of Average Respondents Number of re- responses per response per spondents respondent respondent

Telephone call screener ...... 250 1 6/60 Individual interviews (Physicians) ...... 18 1 2 Individual interviews (Patients and siblings) ...... 15 11 2 Triads ...... 30 1 2 2 Focus Groups ...... 80 1 3 2 1 Includes interview and exit survey. 2 Includes triad and exit survey. 3 Includes focus group and exit survey.

Dated: July 19, 2004. Proposed Project One hundred noise-exposed, hearing- Alvin Hall, Accommodation of Noise-Exposed, impaired workers will be enrolled in the Director, Management Analysis and Services Hearing-Impaired Workers—New— study. Participants will complete the Office, Centers for Disease Control and National Institute for Occupational necessary release of information forms, Prevention. Safety and Health (NIOSH), Centers for receive a clinical hearing evaluation and [FR Doc. 04–16910 Filed 7–23–04; 8:45 am] Disease Control and Prevention (CDC). case history interview by a certified BILLING CODE 4163–18–P audiologist to identify the type of Background hearing protection most appropriate for CDC, National Institute for them, and be provided with this DEPARTMENT OF HEALTH AND Occupational Safety and Health’s protector for use in their actual job. As HUMAN SERVICES mission is to promote safety and health part of the impact and evaluation at work for all people through research component of this project, each study Centers for Disease Control and and prevention. This study will evaluate Prevention participant will fill out a 36-item pre- the effectiveness of an evaluation and intervention Hearing Protection Device intervention protocol that can be used to (HPD) Questionnaire at the time he or [30Day–04–0Z] accommodate the special needs of she enrolls in the study. The HPD noise-exposed, hearing-impaired Questionnaire is an expansion of a Proposed Data Collections Submitted workers so that they can continue to previously approved HPD questionnaire for Public Comment and perform their jobs safely while (OMB No. 0920–0552) which was Recommendations preventing additional hearing loss. developed in 1999 by NIOSH Three General Motors (GM) The Centers for Disease Control and manufacturing plants have agreed to researchers. The post-intervention HPD Prevention (CDC) publishes a list of participate in the field-testing phase of Questionnaire will be mailed to each information collection requests under this project as part of the Memorandum participant along with the 7-item Post- review by the Office of Management and of Understanding between NIOSH, the Intervention Questionnaire following a Budget (OMB) in compliance with the General Motors Corporation and the one-year trial with the study HPD. Paperwork Reduction Act (44 U.S.C. International Union, United NIOSH researchers will use this chapter 35). To request a copy of these Automotive, Aerospace and Agricultural information to assess the success of the requests, call the CDC Reports Clearance Implement Workers of America (UAW) evaluation and HPD selection protocol, Officer at (404) 498–1210 or send an e- which was signed on October 23, 2000. and make recommendations to hearing mail to [email protected]. Send written Beginning in 2002 and continuing into health professionals and hearing comments to CDC Desk Officer, Human 2003, the field study proposal was conservation program managers, Resources and Housing Branch, New developed in consultation with regarding the auditory management of Executive Office Building, Room 10235, representatives from GM and the UAW noise-exposed, hearing-impaired Washington, DC 20503 or by fax to (202) from each of the three plants. The field workers. This request is for 2 years. The 395–6974. Written comments should be study is scheduled to begin during 2004 estimated annualized burden is 88 received within 30 days of this notice. and to conclude during 2005. hours; there are no costs to respondents.

ANNUALIZED BURDEN TABLE

Number of re- Average burden Respondents Number of responses per response spondents per respondents (in hrs.)

Request and Authorization for Release of Information from GM ...... 50 1 5/60 Request and Authorization for Release of Information from Clinic ...... 50 1 5/60 Contact Information Card ...... 50 1 2/60 Pre-Intervention HPD Questionnaire ...... 50 1 15/60 Post-Intervention HPD Questionnaire ...... 50 1 15/60 Case History Questionnaire ...... 50 1 10/60 Telephone Follow-Up Call ...... 50 6 7/60 Post-Intervention Questionnaire ...... 50 1 10/60

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44538 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Dated: July 19, 2004. DEPARTMENT OF HEALTH AND information using the Head Start Alvin Hall, HUMAN SERVICES Program Information Report (PIR). The Director, Management Analysis and Services PIR provides information about Head Office, Centers for Disease Control and Administration for Children and Start and Early Head Start services Prevention. Families received by the children and families enrolled in Head Start programs. The [FR Doc. 04–16911 Filed 7–23–04; 8:45 am] Proposed Information Collection information collected in the PIR is used BILLING CODE 4163–18–P Activity; Comment Request to inform the public about these Proposed Projects programs and to make periodic reports to Congress about the status of children Title: Head Start Program Information in Head Start programs as required by Report. OMB No.: 0980–0017. the Head Start statute. Description: The Head Start Bureau is Respondents: Head Start and Early proposing to renew authority to collect Head Start program grants recipients.

ANNUAL BURDEN ESTIMATES

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

45 CFR Part 1301 ...... 2690 1 4 10,760

Estimated Total Annual Burden technology. Consideration will be given Office of Child Support Enforcement Hours: 10,760. to comments and suggestions submitted (OCSE) the nature of those collections. In compliance with the requirements within 60 days of this publication. In addition, in its recent report, the of section 3506(c)(2)(A) of the Dated: July 19, 2004. Government Accounting Office Paperwork Reduction Act of 1995, the Robert Sargis, recommended that OCSE conduct Administration for Children and Reports Clearance, Officer. periodic reviews of undistributed Families is soliciting public comment collection data to ‘‘* * * help improve [FR Doc. 04–16885 Filed 7–23–04; 8:45 am] on the specific aspects of the the accuracy of the data.’’ (Report GAO– information collection described above. BILLING CODE 4184–01–M 04–377, March 19, 2004, ‘‘Child Support Copies of the proposed collection of Enforcement: Better Data and More information can be obtained and DEPARTMENT OF HEALTH AND Information on Undistributed comments may be forwarded by writing HUMAN SERVICES Collections Are Needed’’). This to the Administration for Children and supporting schedule, which will be Families, Office of Information Services, Administration for Children and submitted quarterly as an attachment to 370 L’Enfant Promenade, SW., Families Form OCSE–34A, the ‘‘Quarterly Report Washington, DC 20447, Attn: ACF of Collections,’’ is being implemented to Reports Clearance Officer. E-mail Submission for OMB Review; meet those requirements and will enable address: [email protected]. All Comment Request each state to differentiate and itemize its undistributed collections by category requests should be identified by the title Title: Schedule UDC: Itemized and age and will enable OCSE to review of the information collection. Undistributed Collections. The Department specifically requests OMB No.: New Collection. and analyze this information and to comments on: (a) Whether the proposed Description: Although State child recommend management methodologies collection of information is necessary support enforcement agencies to reduce the undistributed collection for the proper performance of the successfully collect and distribute balance. functions of the agency, including billions of dollars every fiscal year, a Comments sent to the Office of Child whether the information shall have certain portion of the collections remain Support Enforcement, both directly and practical utility; (b) the accuracy of the undistributed. In some instances in response to the Federal Register agency’s estimate of the burden of the collections remain undistributed notice published October 8, 2003 (68 FR proposed collection of information; (c) relatively briefly, pending the resolution 58110, et seq.), provided many useful the quality, utility, and clarity of the of an assortment of administrative or recommendations and suggestions to information to be collected; and (d) legal processes; in other instances improve and clarify the wording of the ways to minimize the burden of the collections remain undistributed instructions that accompany this form. collection of information on indefinitely as a result of circumstances Respondents: State IV–D agencies respondents, including through the use beyond the State’s control. administering the Child Support of the automated collection techniques State agencies have requested the Enforcement Program under Title IV–D or other forms of information ability to differentiate and report to the of the Social Security Act.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44539

ANNUAL BURDEN ESTIMATES

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

Schedule UDC ...... 54 4 4 864

Estimated Total Annual Burden Status: The meeting will be open to the DEPARTMENT OF HOMELAND Hours: 864. public with attendance limited to space SECURITY Additional Information: Copies of the availability. proposed collection may be obtained by Purpose: The Advisory Committee Public Affairs; Submission for writing to the Administration for provides advice and recommendations Emergency Processing for Ready for Children and Families, Office of concerning the grants and projects authorized Kids Mascot Naming Contest under the Heritable Disorders Program and Administration, Office of Information technical information to develop policies and AGENCY: Public Affairs, DHS. Services, 370 L’Enfant Promenade, SW., priorities for this program that will enhance Washington, DC 20447, Attn: ACF the ability of the State and local health ACTION: Notice; request for comments. Reports Clearance Officer. All requests agencies to provide for newborn and child should be identified by the title of the screening, counseling and health care SUMMARY: The Department of Homeland information collection. E-mail address: services for newborns and children having or Security (DHS) will submit to OMB [email protected]. at risk for heritable disorders. Specifically, 1600–NEW information collection OMB Comment: OMB is required to the Committee shall advise and guide the request (ICR) utilizing emergency make a decision concerning the Secretary regarding the most appropriate review procedures, to the Office of application of universal newborn screening collection of information between 30 Management and Budget (OMB) for and 60 days after publication of this tests, technologies, policies, guidelines and programs for effectively reducing morbidity review and clearance in accordance document in the Federal Register. and mortality in newborns and children with the Paperwork Reduction Act of Therefore, a comment is best assured of having or at risk for heritable disorders. 1995. DHS is seeking OMB approval by having its full effect if OMB receives it Agenda: The first day will be devoted to August 30, 2004. A copy of this ICR, within 30 days of publication. Written presentations on the following: A report from with the applicable supporting comments and recommendations for the the American College of Medical Genetics, documentation, may be obtained by proposed information collections followed by a discussion; new and evolving calling the Department of Homeland should be sent directly to the following: technologies that State newborn screening Security, Yvonne Pollard at 202–692– Office of Management and Budget, programs may be using in the near future; 4221 (this is not a toll free number). Paperwork Reduction Project, Attn: and the status of tandem mass spectrometry ADDRESSES: Desk Officer for ACF; E-mail address: in States and barriers to expansion with this Written comments and/or [email protected]. technology. The second day will be devoted suggestions for the items contained in to presentations on analyses of the cost and this notice should be directed to the Dated: July 19, 2004. benefit of newborn screening and the Office of Information and Regulatory Robert Sargis, financing mechanisms for State newborn Affairs, Attn: OMB Desk Officer for Reports Clearance, Officer. screening programs. Homeland Security, Office of Proposed agenda items are subject to [FR Doc. 04–16886 Filed 7–26–04; 8:45 am] change as priorities indicate. Management and Budget, Room 10235, BILLING CODE 4184–01–M Time will be provided each day for public Washington, DC 20503, at 202–395– comment. Individuals who wish to provide 7316. public comment or who plan to attend the FOR FURTHER INFORMATION CONTACT: Lara DEPARTMENT OF HEALTH AND meeting and need special assistance, such as HUMAN SERVICES sign language interpretation or other Shane at 202–282–8010 (this is not a toll reasonable accommodations, should notify free number). Health Resources and Services the ACHDGDNC Executive Secretary, SUPPLEMENTARY INFORMATION: This Administration Michele A. Lloyd-Puryear, M.D., Ph.D. process is conducted in accordance with (contact information provided below). 5 CFR 1320.13. A copy of this ICR, with Advisory Committee on Heritable Contact Person: Anyone interested in applicable supporting documentation, Disorders and Genetic Diseases in obtaining a roster of members or other may be obtained by calling the Newborns and Children; Notice of relevant information should write or contact Paperwork Reduction Contact listed. Meeting Michele A. Lloyd-Puryear, M.D., Ph.D., Maternal and Child Health Bureau, Health The Office of Management and Budget In accordance with section 10(a)(2) of Resources and Services Administration, is particularly interested in comments the Federal Advisory Committee Act Room 18–20, Parklawn Building, 5600 which: (Public Law 92–463), notice is hereby Fishers Lane, Rockville, Maryland 20857, (1) Evaluate whether the proposed given of the following meeting: telephone (301) 443–1080. Information on collection of information is necessary the Advisory Committee is available at for the proper performance of the Name: Advisory Committee on Heritable http://mchb.hrsa.gov/programs/genetics/ Disorders and Genetic Diseases in Newborns committee. functions of the agency, including and Children (ACHDGDNC). whether the information will have Dates and Times: Dated: July 16, 2004. practical utility; September 22, 2004, 9 a.m. to 5 p.m. Tina M. Cheatham, September 23, 2004, 9 a.m. to 5 p.m. (2) Evaluate the accuracy of the Director, Division of Policy Review and Place: Jurys Washington Hotel, 1500 New agency’s estimate of the burden of the Coordination. Hampshire Avenue, NW., Washington, DC proposed collection of information, 20036. Phone: 202–483–6000. Fax: 202–328– [FR Doc. 04–16874 Filed 7–23–04; 8:45 am] including the validity of the 3265. http://www.jurysdoyle.com. BILLING CODE 4165–15–P methodology and assumptions used;

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44540 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

(3) Enhance the quality, utility, and documentation, may be obtained by measure, within each of DHS’ critical clarity of the information to be calling the Department of Homeland infrastructure sectors, cyber collected; and Security, Yvonne Pollard at 202–692– dependencies and process controls to (4) Minimize the burden of the 4221 (this is not a toll free number). providing the basis for tracking the collection of information on those who ADDRESSES: Written comments and/or progress in security in the nation’s are to respond, including through the suggestions for the items contained in information infrastructure. use of appropriate automated, this notice should be directed to the Dated: July 19, 2004. electronic, mechanical, or other Office of Information and Regulatory Steve Cooper, technological collection techniques or Affairs, Attn: OMB Desk Officer for Chief Information Officer. other forms of information technology, Homeland Security, Office of [FR Doc. 04–16896 Filed 7–23–04; 8:45 am] e.g., permitting electronic submissions Management and Budget, Room 10235, BILLING CODE 4410–10–P of responses. Washington, DC 20503, at 202–395– Analysis 7316. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND Agency: Public Affairs, Department of John SECURITY Homeland Security. Roberts or Cathy Lockwood at 202–708– 7000 (this is not a toll free number). Title: Ready for Kids Mascot Naming Border and Transportation Security Contest. SUPPLEMENTARY INFORMATION: This process is conducted in accordance with Directorate; Submission for OMB OMB Number: 1600–NEW. Emergency Processing for United Frequency: On occasion. 5 CFR 1320.13. A copy of this ICR, with applicable supporting documentation, States Visitor and Immigrant Status Affected Public: Individuals and Indicator Technology Program (US– may be obtained by calling the households. VISIT) Exit Pilot Questionnaire Estimated Number of Respondents: Paperwork Reduction Contact listed. 500 respondents. The Office of Management and Budget AGENCY: Border and Transportation Estimated Time Per Respondent: 1.5 is particularly interested in comments Security Directorate, DHS. hour per response. which: ACTION: Notice, request for comments. Total Burden Hours: 750. (1) Evaluate whether the proposed Total Burden Cost: (Capital/Startup): collection of information is necessary SUMMARY: The Department of Homeland none. for the proper performance of the Security (DHS) has submitted to OMB Total Burden Cost: (Operating/ functions of the agency, including 1600–NEW information collection Maintaining): none. whether the information will have request (ICR) utilizing emergency Description: The Department of practical utility; review procedures, to the Office of Homeland Security is launching an (2) Evaluate the accuracy of the Management and Budget (OMB) for expansion of the Ready campaign, agency’s estimate of the burden of the review and clearance in accordance designed for children grades 4–8. The proposed collection of information, with the Paperwork Reduction Act of expansion of the Ready campaign is to including the validity of the 1995. DHS is seeking OMB approval by conduct the ‘‘name the mascot’’ contest methodology and assumptions used; July 30, 2004. A copy of this ICR, with for naming the new Ready campaign (3) Enhance the quality, utility, and applicable supporting documentation, mascot. clarity of the information to be may be obtained by calling the collected; and Department of Homeland Security, Dated: July 20, 2004. (4) Minimize the burden of the Yvonne Pollard at 202–692–4221 (this is Mark Emery, collection of information on those who not a toll free number). Deputy Chief Information Officer. are to respond, including through the ADDRESSES: Written comments and/or [FR Doc. 04–16895 Filed 7–23–04; 8:45 am] use of appropriate automated, suggestions for the items contained in BILLING CODE 4410–10–P electronic, mechanical, or other this notice should be directed to the technological collection techniques or Office of Information and Regulatory other forms of information technology, Affairs, Attn: OMB Desk Officer for DEPARTMENT OF HOMELAND e.g., permitting electronic submissions Homeland Security, Office of SECURITY of responses. Management Budget, Room 10235, Information Analysis and Analysis Washington, DC 20503, 202–395–7316. FOR FURTHER INFORMATION CONTACT: Infrastructure Protection Directorate; Agency: Information Analysis and Submission for Emergency Processing Steve Yonkers at 202–298–5200 (this is Infrastructure Protection, Department of not a toll free number). for National Cyber Security Survey Homeland Security. SUPPLEMENTARY INFORMATION: Title: National Cyber Security Survey. This AGENCY: Information Analysis and OMB Number: 1630–NEW. process is conducted in accordance with Infrastructure Protection, DHS. Frequency: On occasion. 5 CFR 1320.13. A copy of this ICR, with ACTION: Notice; request for comments. Affected Public: Business or other for- applicable supporting documentation, profit. may be obtained by calling the SUMMARY: The Department of Homeland Estimated Number of Respondents: Paperwork Reduction Act Contact Security (DHS) will submit to OMB 3,900. listed. The Office of Management and 1630–NEW information collection Estimated Time Per Respondent: 30 Budget is particularly interested in request (ICR) utilizing emergency minutes. comments which: review procedures, to the Office of Total Burden Hours: 1,950. (1) Evaluate whether the collection of Management and Budget (OMB) for Total Burden Cost: (Capital/Startup): information is necessary for the proper review and clearance in accordance None. performance of the functions of the with the Paperwork Reduction Act of Total Burden Cost: (Operating/ agency, including whether the 1995. DHS is seeking OMB approval by Maintaining): None. information will have practical utility; August 30, 2004. A copy of this ICR, Description: The National Cyber (2) Evaluate the accuracy of the with the applicable supporting Security Survey provides the ability to agency’s estimate of the burden of the

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44541

proposed collection of information, DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: This including the validity of the URBAN DEVELOPMENT Notice informs the public that the U.S. Department of Housing and Urban methodology and assumptions used; [Docket No. FR–4903–N–52] (3) Enhance the quality, utility, and Development (HUD) has submitted to clarity of the information to be Notice of Submission of Proposed OMB, for emergency processing, a survey instrument to obtain information collected; and Information Collection to OMB; Informed Consumer Choice Notice and from faith based and community (4) Minimize the burden of the Application for FHA Insured Mortgage organizations on their likelihood and collection of information on those who success at applying for various funding are to respond, including through the AGENCY: Office of the Chief Information programs. This Notice is soliciting use of appropriate automated, Officer. comments from members of the public electronic, mechanical, or other ACTION: Notice. and affecting agencies concerning the technological collection techniques or proposed collection of information to: other forms of information technology, SUMMARY: The proposed information (1) Evaluate whether the proposed e.g., permitting electronic submissions collection requirement described below collection of information is necessary of responses. has been submitted to the Office of for the proper performance of the Management and Budget (OMB) for functions of the agency, including Analysis review, as required by the Paperwork whether the information will have Reduction Act. The Department is Agency: Border and Transportation practical utility; (2) Evaluate the soliciting public comments on the accuracy of the agency’s estimate of the Security Directorate, Department of subject proposal. burden of the proposed collection of Homeland Security. This is a request for renewal of the information; (3) Enhance the quality, Title: United States Visitor and current approval to collect e information utility, and clarity of the information to Immigrant Status Indicator Technology for the application for FHA mortgage be collected; and (4) Minimize the Program (US–VISIT)—Exit Pilot insurance. The information collection burden of the collection of information Questionnaire. will be changed to include the on those who are to respond; including requirement for lenders to inform OMB Number: 1600–NEW. through the use of appropriate prospective FHA borrowers of automated collection techniques or Frequency: On occasion. comparative costs of FHA-insured other forms of information technology, Affected Public: Individuals or mortgages vs. similar conventional e.g., permitting electronic submission of households, business or other for-profit mortgages. That requirement is responses. and not-for-profit institutions. currently approved under OMB control This Notice also lists the following number 2502–0537 and will be information: Estimated Number of Respondents: consolidated under OMB control 7,500. Title of Proposal: Informed Consumer number 2502–0059. Choice Notice and Application for FHA Estimated Time per Respondent: 10 DATES: Comments Due Date: August 25, Insured Mortgage. minutes. 2004. OMB Approval Number: 2502–0059. Estimated Burden Hours: 1,275. ADDRESSES: Interested persons are Form Numbers: HUD–92900–A, Total Burden Cost (Capital/Startup): invited to submit comments regarding HUD–92900–B, HUD–92900–WS, HUD– none. this proposal. Comments should refer to 92900–PUR, HUD–92561, HUD–92544. the proposal by name and/or OMB Description of the Need for the Total Burden Cost (Operating/ approval Number (2502–0059) and Information and its Proposed Use: This Maintaining): none. should be sent to: HUD Desk Officer, is a request for renewal of the current Description: The US–VISIT Exit Pilot Office of Management and Budget, New approval to collect e information for the Questionnaire provides travelers, Executive Office Building, Washington, application for FHA mortgage transportation crew members and DC 20503; fax: 202–395–6974. insurance. The information collection transportation carriers the opportunity FOR FURTHER INFORMATION CONTACT: will be changed to include the to provide feedback on US–VISIT Exit Wayne Eddins, Reports Management requirement for lenders to inform program procedures. Officer, AYO, Department of Housing prospective FHA borrowers of and Urban Development, 451 Seventh comparative costs of FHA-insured Dated: July 19, 2004. Street, SW., Washington, DC 20410; e- mortgages vs. similar conventional Steve Cooper, mail [email protected]; mortgages. That requirement is Chief Information Officer. telephone (202) 708–2374. This is not a currently approved under OMB control [FR Doc. 04–16897 Filed 7–23–04; 8:45 am] toll-free number. Copies of available number 2502–0537 and will be BILLING CODE 4410–10–P documents submitted to OMB may be consolidated under OMB control obtained from Mr. Eddins and at HUD’s number 2502–0059. Web site at http://www5.hud.gov:63001/ Frequency of Submission: On po/i/icbts/collectionsearch.cfm. occasion.

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

Reporting Burden ...... 1,009,000 1 0.2423 244,550

Total Estimated Burden Hours: Status: Revision of a currently Authority: Section 3507 of the Paperwork 1,009,000. approved collection. Reduction Act of 1995, 44 U.S.C. 35, as amended.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44542 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Dated: July 20, 2004. DATES: Comments Due Date: August 25, for the proper performance of the Wayne Eddins, 2004. functions of the agency, including Departmental Reports Management Officer, ADDRESSES: Interested persons are whether the information will have Office of the Chief Information Officer. invited to submit comments regarding practical utility; (2) Evaluate the [FR Doc. 04–16980 Filed 7–23–04; 8:45 am] this proposal. Comments should refer to accuracy of the agency’s estimate of the BILLING CODE 4210–72–P the proposal by name and/or OMB burden of the proposed collection of approval Number (2577–NEW) and information; (3) Enhance the quality, should be sent to: HUD Desk Officer, utility, and clarity of the information to DEPARTMENT OF HOUSING AND Office of Management and Budget, New be collected; and (4) Minimize the URBAN DEVELOPMENT Executive Office Building, Washington, burden of the collection of information [Docket No. FR–4903–N–53] DC 20503; fax: 202–395–6974. on those who are to respond; including FOR FURTHER INFORMATION CONTACT: through the use of appropriate Notice of Submission of Proposed Wayne Eddins, Reports Management automated collection techniques or Information Collection to OMB; Exigent Officer, AYO, Department of Housing other forms of information technology, Health and Safety Deficiency and Urban Development, 451 Seventh e.g., permitting electronic submission of Correction Certification Street, SW., Washington, DC 20410; e- responses. _ AGENCY: Office of the Chief Information mail Wayne [email protected]; This Notice also lists the following Officer. telephone (202) 708–2374. This is not a information: toll-free number. Copies of available ACTION: Notice. Title of Proposal: Exigent Health and documents submitted to OMB may be Safety Deficiency Correction SUMMARY: obtained from Mr. Eddins and at HUD’s The proposed information Certification. collection requirement described below Web site at http://www5.hud.gov:63001/ has been submitted to the Office of po/i/icbts/collectionsearch.cfm. OMB Approval Number: 2577–NEW. Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: This Form Numbers: None. review, as required by the Paperwork Notice informs the public that the U.S. Description of the Need for the Reduction Act. The Department is Department of Housing and Urban Information and its Proposed Use: soliciting public comments on the Development (HUD) has submitted to Public Housing Agencies (PHAs) subject proposal. OMB, for emergency processing, a correct/mitigate exigent health and Public Housing Agencies (PHAs) survey instrument to obtain information safety (EHS) deficiencies cited in correct/mitigate exigent health and from faith based and community property inspections conducted safety (EHS) deficiencies cited in organizations on their likelihood and property inspections conducted success at applying for various funding pursuant to HUD’s Uniform Physical pursuant to HUD’s Uniform Physical programs. This Notice is soliciting Condition Standards inspection Condition Standards inspection comments from members of the public protocol. Through the web-based protocol. Through the web-based and affecting agencies concerning the template, PHAs will electronically template, PHAs will electronically proposed collection of information to: certify that they have corrected/ certify that they have corrected/ (1) Evaluate whether the proposed mitigated the EHS deficiencies. mitigated the EHS deficiencies. collection of information is necessary Frequency of Submission: Annually.

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

Reporting Burden ...... 2,061 1 0.3 647

Total Estimated Burden Hours: 647. ACTION: Notice of permit application. We announce the opening of a 30-day Status: New collection. comment period and request comments Authority: Section 3507 of the Paperwork SUMMARY: This notice advises the public from the public on the Applicant’s Reduction Act of 1995, 44 U.S.C. 35, as that the Louisiana Department of permit application, the accompanying amended. Wildlife and Fisheries (LDWF or proposed Agreement, and the Dated: July 20, 2004. Applicant) has applied to the Fish and supporting Environmental Assessment. The Environmental Assessment Wayne Eddins, Wildlife Service (Service) for an enhancement of survival permit identifies and describes several Departmental Reports Management Officer, alternatives. All comments received, Office of the Chief Information Officer. pursuant to section 10(a)(1)(A) of the including names and addresses, will [FR Doc. 04–16981 Filed 7–23–04; 8:45 am] Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). become part of the official BILLING CODE 4210–72–P The permit application includes a administrative record and may be made proposed Safe Harbor Agreement available to the public, subject to the (Agreement) for the endangered red- requirements of the Privacy Act and DEPARTMENT OF THE INTERIOR cockaded woodpecker, (Picoides Freedom of Information Act. For further borealis) (RCW), for a period of 99 years. information and instructions on Fish and Wildlife Service If approved, the Agreement would allow reviewing and commenting on this the Applicant to issue Certificates of application, see the ADDRESSES section, Proposed Programmatic Statewide below. Red-Cockaded Woodpecker Safe Inclusion (CI) throughout the State of DATES: Written comments should be Harbor Agreement, Louisiana Louisiana to eligible non-Federal landowners that complete an approved received on or before August 25, 2004. AGENCY: Fish and Wildlife Service, Safe Harbor Management Agreement ADDRESSES: You may obtain a copy of Interior. (SHMA). the information available by contacting

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44543

the Service’s Regional Safe Harbor and/or associated habitat), but may be alternative is not likely to increase the Coordinator, U.S. Fish and Wildlife allowed the opportunity to incidentally number of RCW groups or RCW habitat, Service, 1875 Century Boulevard, Suite take RCWs at some point in the future nor would it alleviate landowner 200, Atlanta, Georgia 30345, or Field if above baseline RCWs are attracted to conflicts. Instead, the action proposed Supervisor, U.S. Fish and Wildlife that site by the proactive management here, although it authorizes future Service, Ecological Services Field measures undertaken by the landowner. incidental take, is expected to attract Office, 646 Cajundome Boulevard, Suite It is important to note that the sufficient interest among Louisiana 400, Lafayette, Louisiana 70506. Agreement does not envision, nor will landowners to generate substantial net Alternatively, you may set up an it authorize, incidental taking of any conservation benefits to the RCW on a appointment to view these documents at existing RCW group with one exception. landscape level. The Applicant’s either location during normal business This exception is incidental taking Agreement was developed in an hours. Written data or comments should related to a baseline shift; in this adaptive management framework to be submitted to the Atlanta, Georgia, circumstance the baseline will be allow changes in the program based on Regional Office. Requests for the maintained but redrawn or shifted on new scientific information including, documentation must be in writing to be that landowner’s property. Among the but not limited to, biological needs and processed, and comments must be in minimization measures proposed by the management actions proven to benefit writing to be considered. Applicant are no incidental take of the species or its habitat. FOR FURTHER INFORMATION CONTACT: Mr. RCWs during the breeding season, We provide this notice pursuant to Richard Gooch, Regional Safe Harbor consolidation of small, isolated RCW section 10(c) of the Endangered Species Program Coordinator at the Service’s populations at sites capable of Act and pursuant to implementing Southeast Regional Office (see supporting a viable RCW population, regulations for the National Environmental Policy Act (40 CFR ADDRESSES above), telephone (404) 679– and measures to improve current and 7124; or Mr. Troy Mallach, Fish and potential habitat for the species. Further 1506.6). We will evaluate the proposed Wildlife Biologist, Lafayette Ecological details on the topics described above are Agreement, associated documents, and comments submitted thereon to Services Field Office (see ADDRESSES found in the aforementioned documents determine whether the requirements of above), telephone (337) 291–3123. available for review under this notice. The geographic scope of the section 10(a) of the Endangered Species SUPPLEMENTARY INFORMATION: Under a Applicant’s Agreement is the entire Act and National Environmental Policy Safe Harbor Agreement, participating State of Louisiana, but the Agreement Act regulations have been met. If we property owners voluntarily undertake would only authorize the future determine that the requirements are management activities on their property incidental take of above-baseline RCW met, we will issue an enhancement of to enhance, restore, or maintain habitat groups on lands for which a respective survival permit under section benefitting species listed under the Act. CI has been signed. Lands potentially 10(a)(1)(A) of the Act to the Applicant Safe Harbor Agreements encourage eligible for inclusion include all in accordance with the terms of the private and other non-Federal property privately owned lands, state lands, and Agreement and specific terms and owners to implement conservation public lands owned by cities, counties, conditions of the authorizing permit. efforts for listed species by assuring and municipalities, with potentially We will not make our final decision property owners they will not be suitable RCW habitat in Louisiana. until after the end of the 30-day subjected to increased property use We have evaluated several comment period and will fully consider restrictions if their efforts attract listed alternatives to the proposed action and all comments received during the species to their property or increase the these are described at length in the comment period. numbers or distribution of listed species accompanying Environmental Dated: June 22, 2004. already on their property. Application Assessment. The alternative of our requirements and issuance criteria for paying landowners for desired Sam D. Hamilton, enhancement of survival permits management practices is not being Regional Director. through Safe Harbor Agreements are pursued because we are presently [FR Doc. 04–16912 Filed 7–23–04; 8:45 am] found in 50 CFR 17.22 and 17.32. unable to fund such a program. An BILLING CODE 4310–55–P The LDWF’s proposed state-wide alternative by which interested private Agreement is designed to encourage or nonFederal property owners would voluntary RCW habitat restoration or prepare an individual permit DEPARTMENT OF THE INTERIOR enhancement activities by relieving a application/Agreement with us also was Bureau of Land Management landowner who enters into a evaluated. Under that alternative, we landowner-specific agreement (the would process each permit application/ [AK963–1410–HY–P; AA–6649–B, AA–6649– SHMA) from any additional Agreement individually. This would E, AA–6649–A2; ALA–2] responsibility under the Act beyond that increase the effort, cost, and amount of which exists at the time he or she enters time it would take to provide safe Alaska Native Claims Selection into the program. The SHMA will harbor assurances to participating AGENCY: Bureau of Land Management, identify any existing RCWs and any landowners and then such benefits Interior. associated habitat (the baseline) and would be applied on a piece-meal, ACTION: Notice of decision approving will describe the actions that the individual basis. We have determined lands for conveyance. landowner commits to take (e.g., the previously identified alternatives, hardwood midstory removal, cavity which would result in delays and lack SUMMARY: As required by 43 CFR provisioning, etc.) or allows to be taken of a coordinated effort, would likely 2650.7(d), notice is hereby given that an to improve RCW habitat on the result in a continued decline of the appealable decision approving lands for property, and the time period within RCWs on private lands due to habitat conveyance pursuant to the Alaska which those actions are to be taken and fragmentation, lack of beneficial habitat Native Claims Settlement Act will be maintained. A participating landowner management, and the effects of issued to Atxam Corporation. The lands, must maintain the baseline on his/her demographic isolation. A no action containing approximately 13,866 acres, property (i.e., any existing RCW groups alternative was also explored, but this are located in Seward Meridian, in the

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44544 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

vicinity of Atka, Alaska, within the T. 11 S., R. 6 W., NMPM • Bureau of Land Management, townships and ranges listed below: Section 14, SW1⁄4; Wyoming State Office, 5353 Section 15, that portion south of Sierra Yellowstone Road, Cheyenne, Wyoming T. 52 S., R. 72 W., Seward Meridian (SM) County Road 16; Tps. 75 and 76 S., R. 121 W., SM 82009. Section 22, All; • T. 91 S., Rs. 176 and 177 W., SM Section 23, W1⁄2 Bureau of Land Management, T. 93 S., Rs. 177 and 179 W., SM Section 26, NW1⁄4; Casper Field Office, 2987 Prospector Notice of the decision will also be Section 27, N1⁄2. Drive, Casper, Wyoming 82604. published four times in the Anchorage DATES: This closure is effective FOR FURTHER INFORMATION CONTACT: Mr. Daily News. immediately and shall remain in effect Bob Janssen, Wyoming Coal DATES: The time limits for filing an for one year. Coordinator, at (307) 775–6206; or Ms. appeal are: ADDRESSES: Bureau of Land Mavis Love, Land Law Examiner, at 1. Any party claiming a property Management, Las Cruces Field Office, (307) 775–6258. Both Mr. Janssen’s and interest which is adversely affected by 1800 Marquess, Las Cruces, New Ms. Love’s offices are located at the the decision shall have until August 23, Mexico, 88005. BLM Wyoming State Office, 5353 2004 to file an appeal. FOR FURTHER INFORMATION CONTACT: Yellowstone Road, Cheyenne, Wyoming 2. Parties receiving service of the Leonard T. Brooks, Assistant Field 82009. decision by certified mail shall have 30 Manager, Division of Multi-Resources, SUPPLEMENTARY INFORMATION: As stated days from the date of receipt to file an or John Besse, Environmental Protection in the FEIS, a ROD will be issued for appeal. Specialist, at the address above or by each of the five Federal coal tracts Parties who do not file an appeal in calling (505) 525–4300. considered for leasing in the South accordance with the requirements of 43 SUPPLEMENTARY INFORMATION: Violation Powder River Coal FEIS. The ROD CFR Part 4, Subpart E, shall be deemed of this closure is punishable by a fine covered by this NOA is for coal tract to have waived their rights. not to exceed $1,000 and/or NARO North (WYW150210) and ADDRESSES: A copy of the decision may imprisonment not to exceed 1 year. addresses leasing an estimated 323 be obtained from: Bureau of Land Copies of this closure order and maps million tons of in-place Federal coal Management, Alaska State Office, 222 showing the location of the affected area administered by the BLM Casper Field West Seventh Avenue, #13, Anchorage, are available at the Las Cruces Field Office underlying approximately 651 Alaska 99513–7599. Office, during normal business hours, acres of private surface and 1,719 acres FOR FURTHER INFORMATION CONTACT: Monday through Friday, 7:45 a.m. to of Federal surface in Campbell County, Barbara Waldal, by phone at 907–271– 4:30 p.m. Wyoming. 5669, or by e-mail at Authority: 43 CFR 8364.1: Closure and Because the Assistant Secretary of the [email protected]. Persons Restriction Orders. Interior, Lands and Minerals who use a telecommunication device Dated: April 15, 2004. Management, has concurred in this decision it is not subject to appeal to the (TTD) may call the Federal Information Jim C. McCormick, Jr., Relay Service (FIRS) on 1–800–877– Interior Board of Land Appeals, as Acting Field Manager, Las Cruces. 8330, 24 hours a day, seven days a provided in 43 CFR part 4. This week, to contact Ms. Waldal. [FR Doc. 04–16880 Filed 7–23–04; 8:45 am] decision is the final action of the BILLING CODE 4310–VC–P Department of the Interior. Barbara Opp Waldal, Land Law Examiner, Branch of Adjudication Dated: June 7, 2004. I. DEPARTMENT OF THE INTERIOR Robert A. Bennett, [FR Doc. 04–16875 Filed 7–23–04; 8:45 am] State Director. Bureau of Land Management BILLING CODE 4310–$$–P [FR Doc. 04–17090 Filed 7–23–04; 8:45 am] [WY–060–1320–EL; WYW150210] BILLING CODE 4310–22–P

DEPARTMENT OF THE INTERIOR Notice of Availability (NOA) of the Record of Decision for the South DEPARTMENT OF THE INTERIOR Bureau of Land Management Powder River Basin Coal Final [NM–030–1640–PD] Environmental Impact Statement Bureau of Land Management (FEIS), NARO North LBA Tract, Emergency Closure of Public Land, Wyoming [WY–920–1310–01; WYW135231] Sierra County, NM AGENCY: Bureau of Land Management, Notice of Proposed Reinstatement of AGENCY: Bureau of Land Management Interior. Terminated Oil and Gas Lease (BLM), Interior. ACTION: Notice of availability. ACTION: Notice of emergency closure. AGENCY: Bureau of Land Management, SUMMARY: In accordance with the Interior. SUMMARY: Notice is hereby given that National Environmental Policy Act ACTION: Notice of Proposed effective immediately, the Las Cruces (NEPA) of 1969, the Bureau of Land Reinstatement of Terminated Oil and Field Office is implementing the Management (BLM) announces the Gas Lease. emergency closure of certain public availability of the Record of Decision land located in Sierra County, New (ROD) for the South Powder River Basin SUMMARY: Under the provisions of 30 Mexico. The area is closed to all public Coal FEIS; NARO North LBA Tract. U.S.C. 188(d) and (e), and 43 CFR use except for administrative purposes. ADDRESSES: The document will be 3108.2–3(a) and (b)(1), the Bureau of This action is taken in order to protect available electronically on the following Land Management (BLM) received a public health and safety and to prevent Web site: http://www.wy.blm.gov/. petition for reinstatement of oil and gas resource degradation in the area of a Copies of the ROD are available for lease WYW135231 for lands in Johnson plane crash site. The following public public inspection at the following BLM County, Wyoming. The petition was land is affected by the closure: office locations: filed on time and was accompanied by

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44545

all the rentals due since the date the reimburse the Department for the cost of above. BLM has not issued a valid lease lease terminated under the law. this Federal Register notice. The lessee affecting the lands. FOR FURTHER INFORMATION CONTACT: has met all the requirements for Pamela J. Lewis, Bureau of Land Management, Pamela J. reinstatement of the lease as set out in Chief, Fluid Minerals Adjudication. Lewis, Chief, Fluid Minerals Section 31(d) and (e) of the Mineral Adjudication, at (307) 775–6176. Lands Leasing Act of 1920 (30 U.S.C. [FR Doc. 04–16879 Filed 7–23–04; 8:45 am] SUPPLEMENTARY INFORMATION: The 188), and the Bureau of Land BILLING CODE 4310–22–M lessees have agreed to the amended Management is proposing to reinstate lease WYW143049 effective October 1, lease terms for rentals and royalties at DEPARTMENT OF THE INTERIOR rates of $5.00 per acre, or fraction 2003, under the original terms and thereof, per year and 162⁄3 percent, conditions of the lease and the Bureau of Land Management respectively. The lessees have paid the increased rental and royalty rates cited required $500 administrative fee and above. BLM has not issued a valid lease [UT–100–1430–04; UTU–79712] $166 to reimburse the Department for affecting the lands. Notice of Realty Action; Recreation the cost of this Federal Register notice. Pamela J. Lewis, and Public Purposes (R&PP) Act The lessees have met all the Chief, Fluid Minerals Adjudication. Classification; Utah requirements for reinstatement of the [FR Doc. 04–16877 Filed 7–23–04; 8:45 am] lease as set out in Section 31(d) and (e) AGENCY: Bureau of Land Management of the Mineral Lands Leasing Act of BILLING CODE 4310–22–P (BLM), Interior. 1920 (30 U.S.C. 188), and the Bureau of ACTION: Notice of realty action. Land Management is proposing to DEPARTMENT OF THE INTERIOR reinstate lease WYW135231 effective SUMMARY: The following public land, February 1, 2004, under the original Bureau of Land Management located in Washington County, Utah, terms and conditions of the lease and have been examined and found suitable for classification for lease or conveyance the increased rental and royalty rates [WY–920–1310–01; WYW144593] cited above. BLM has not issued a valid to the Town of New Harmony under the lease affecting the lands. Notice of Proposed Reinstatement of provision of the Recreation and Public Terminated Oil and Gas Lease Purposes Act, as amended (43 U.S.C. Pamela J. Lewis, 869 et seq.). Chief, Fluid Minerals Adjudication. AGENCY: Bureau of Land Management, [FR Doc. 04–16876 Filed 7–23–04; 8:45 am] Interior. Salt Lake Meridian, Utah BILLING CODE 4310–22–P ACTION: Notice of proposed T. 38 S., R. 13 W., reinstatement of terminated oil and gas Sec. 21, SE1⁄4NW1⁄4. lease. Containing 40 acres, more or less. DEPARTMENT OF THE INTERIOR SUMMARY: Under the provisions of 30 FOR FURTHER INFORMATION CONTACT: Bureau of Land Management U.S.C. 188(d) and (e), and 43 CFR Kathy Abbott, BLM Realty Specialist at [WY–920–1310–01; WYW143049] 3108.2–3(a) and (b)(1), the Bureau of (435) 688–3234. Land Management (BLM) received a SUPPLEMENTARY INFORMATION: The Town Notice of Proposed Reinstatement of petition for reinstatement of oil and gas of New Harmony purposes to use land Terminated Oil and Gas Lease lease WYW144593 for lands in Fremont to construct, operate and maintain a nature park. The land is not needed for AGENCY: County, Wyoming. The petition was Bureau of Land Management, Federal purposes. Leasing or conveying Interior. filed on time and was accompanied by all the rentals due since the date the title to the affected public land is ACTION: Notice of Proposed lease terminated under the law. consistent with current BLM land use Reinstatement of Terminated Oil and planning and would be in the public’s Gas Lease. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. interest. The lease or patent, when issued, SUMMARY: Under the provisions of 30 Lewis, Chief, Fluid Chief Minerals would be subject to the following terms, U.S.C. 188(d) and (e), and 43 CFR Adjudication, at (307) 775–6176. 3108.2–3(a) and (b)(1), the Bureau of conditions, and reservations: SUPPLEMENTARY INFORMATION: The lessee 1. Provisions of the Recreation and Land Management (BLM) received a has agreed to the amended lease terms Public Purposes Act and all applicable petition for reinstatement of oil and gas for rentals and royalties at rates of regulations of the Secretary of the lease WYW143049 for lands in Lincoln $10.00 per acre, or fraction thereof, per Interior. County, Wyoming. The petition was 2 year and 16 ⁄3 percent, respectively. The 2. A right-of-way for ditches and filed on time and was accompanied by lessee has paid the required $500 canals constructed by the authority of all the rentals due since the date the administrative fee and $166 to the United States. lease terminated under the law. reimburse the Department for the cost of 3. All minerals shall be reserved to FOR FURTHER INFORMATION CONTACT: this Federal Register notice. The lessee the United States, together with the Bureau of Land Management, Pamela J. has met all the requirements for right to prospect for, mine, and remove Lewis, Chief, Fluid Minerals reinstatement of the lease as set out in the minerals. Adjudication, at (307) 775–6176. section 31(d) and (e) of the Mineral 4. Those rights for a water facility SUPPLEMENTARY INFORMATION: The lessee Lands Leasing Act of 1920 (30 U.S.C. granted to the town of New Harmony by has agreed to the amended lease terms 188), and the Bureau of Land right-of-way U–67507. for rentals and royalties at rates of Management is proposing to reinstate Detailed information concerning this $10.00 per acre, or fraction thereof, per lease WYW144593 effective April 1, action is available at the office of the year and 162⁄3 percent, respectively. The 2003, under the original terms and Bureau of Land Management, St. George lessee has paid the required $500 conditions of the lease and the Field Office, 345 E. Riverside Drive, St. administrative fee and $166 to increased rental and royalty rates cited George, Utah 84790. On July 26, 2004,

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44546 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

the land will be segregated from all impacts and issues that were not make available for inspection in their other forms of appropriation under the available at the time the Alaska Region entirety all comments submitted by public land laws, including the general OCS Beaufort Sea Planning Area Oil and organizations or businesses or by mining laws, except for leasing or Gas Lease Sales 186, 195, and 202, Final individuals identifying themselves as conveyance under the Recreation and Environmental Impact Statement, representatives of organizations or Public Purposes Act and leasing under Volumes I through IV (multiple-sale businesses. the mineral leasing laws. Interested EIS) was completed in February 2003. Dated: July 2, 2004. persons may submit comments The MMS also prepared a Finding of No Thomas A. Readinger, regarding the proposed classification, Significant Impact. Associate Director for Offshore Minerals leasing or conveyance of the land to the FOR FURTHER INFORMATION CONTACT: Management. Federal Office Manager, St. George Field Minerals Management Service, Alaska [FR Doc. 04–16904 Filed 7–23–04; 8:45 am] Office until September 9, 2004. OCS Region, 949 East 36th Avenue, BILLING CODE 4310–MR–P Classification Comments: Interested Anchorage, Alaska 99508–4364, Mr. parties may submit comments involving Fred King, telephone (907) 271–6696. the suitability of the lands for a nature SUPPLEMENTARY INFORMATION: Proposed DEPARTMENT OF THE INTERIOR park. Comments on the classification are Beaufort Sea Planning Area Lease Sale restricted to whether the land is 195 is the second Beaufort Sea Planning Bureau of Reclamation physically suited for the proposal, Area lease sale scheduled in the Outer Quarterly Status Report of Water whether the land will maximize the Continental Shelf Oil and Gas Leasing Service, Repayment, and Other Water- future use or uses of the land, whether Program: 2002–2007 (5-Year Program). Related Contract Negotiations the use is consistent with local planning The multiple-sale EIS analyzed the and zoning, or if the use is consistent effects of three lease sales considering AGENCY: Bureau of Reclamation, with State and Federal programs. resource estimates, project exploration Interior. Application Comments: Interested and development activities, and impact- parties may submit comments regarding ACTION: Notice. producing factors for each of the the specific use proposed in the Town proposed Beaufort Sea Planning Area SUMMARY: Notice is hereby given of of New Harmony’s application, whether lease sales. The resource estimates and contractual actions that have been the BLM followed proper administrative level of activities projected for proposed proposed to the Bureau of Reclamation procedures in reaching the decision, or Lease Sale 195 remains essentially the (Reclamation) and are new, modified, any other factor not directly related to same as examined in the multiple-sale discontinued, or completed since the the suitability of the land for nature EIS. No new significant impacts were last publication of this notice on May park purposes. identified for proposed Lease Sale 195 18, 2004. This notice is one of a variety Any adverse comments will be that were not already assessed in the of means used to inform the public reviewed by the State Director. In the multiple-sale EIS. As a result, MMS about proposed contractual actions for absence of any adverse comments, the determined that a supplemental EIS is capital recovery and management of classification will become effective on not required and prepared a FONSI. project resources and facilities September 24, 2004. EA Availability: To obtain a copy of consistent with section 9(f) of the Dated: June 16, 2004. the EA and FONSI, you may contact the Reclamation Project Act of 1939. James D. Crisp, Minerals Management Service, Alaska Additional announcements of Field Office Manager. OCS Region, Attention: Ms. Nikki individual contract actions may be published in the Federal Register and in [FR Doc. 04–16878 Filed 7–23–04; 8:45 am] Lewis, Resource Center, 949 East 36th newspapers of general circulation in the BILLING CODE 4310–DQ–P Avenue, Room 330, Anchorage, Alaska, 99508–4363, telephone (907) 271–6438 areas determined by Reclamation to be or 1–800–764–2627. You may also view affected by the proposed action. DEPARTMENT OF THE INTERIOR the EA on the MMS website at http:// ADDRESSES: The identity of the www.mms.gov/alaska. approving officer and other information Minerals Management Service Written Comments: Interested parties pertaining to a specific contract may submit their written comments on proposal may be obtained by calling or Alaska Region, Outer Continental this EA/FONSI until 30 days after the writing the appropriate regional office at Shelf, Beaufort Sea Planning Area, Oil publication of this notice, to the the address and telephone number given and Gas Lease Sale 195 (2005) Regional Director, Alaska OCS Region, for each region in the SUPPLEMENTARY INFORMATION section. AGENCY: Minerals Management Service Minerals Management Service, 949 East (MMS), Interior. 36th Avenue, Room 308, Anchorage, FOR FURTHER INFORMATION CONTACT: Sandra L. Simons, Manager, Contract ACTION: Notice of Availability of an Alaska 99509–4363, or by electronic Services Office, Bureau of Reclamation, Environmental Assessment (EA) and mail to [email protected]. Our practice is P.O. Box 25007, Denver, Colorado Finding of No Significant Impact to make comments, including names 80225–0007; telephone 303–445–2902. (FONSI). and home addresses of respondents available for public review. An SUPPLEMENTARY INFORMATION: Consistent SUMMARY: The Minerals Management individual commenter may ask that we with section 9(f) of the Reclamation Service has prepared an environmental withhold their name, home address, or Project Act of 1939 and the rules and assessment for proposed Alaska Region both from the public record, and we will regulations published in 52 FR 11954, Outer Continental Shelf (OCS) Beaufort honor such a request to the extent April 13, 1987 (43 CFR 426.22), Sea Planning Area Lease Sale 195. In allowable by law. If you submit Reclamation will publish notice of this EA, OCS EIS/EA MMS 2004–028, comments and wish us to withhold such proposed or amendatory contract MMS reexamined the potential information, you must state so actions for any contract for the delivery environmental effects of the proposed prominently at the beginning of your of project water for authorized uses in action and its alternatives based on any submission. We will not consider newspapers of general circulation in the new information regarding potential anonymous comments, and we will affected area at least 60 days prior to

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44547

contract execution. Announcements appropriate regional director or his Modified contract action: may be in the form of news releases, designated public contact as they 28. Sacramento River Settlement legal notices, official letters, become available for review and Contracts, CVP, California: Up to 145 memorandums, or other forms of comment. contracts and one contract with Colusa written material. Meetings, workshops, 7. In the event modifications are made Drain Mutual Water Company will be and/or hearings may also be used, as in the form of a proposed contract, the renewed; water quantities for these appropriate, to provide local publicity. appropriate regional director shall contracts total 2.2M acre-feet. These The public participation procedures do determine whether republication of the contracts will be renewed for a period not apply to proposed contracts for the notice and/or extension of the comment of 40 years. The contracts will reflect an sale of surplus or interim irrigation period are necessary. agreement to settle the dispute over water for a term of 1 year or less. Either Factors considered in making such a water rights’ claims on the Sacramento of the contracting parties may invite the determination shall include, but are not River and the Colusa Basin Drain. public to observe contract proceedings. limited to (i) the significance of the Lower Colorado Region: Bureau of All public participation procedures will modification, and (ii) the degree of Reclamation, P.O. Box 61470 (Nevada be coordinated with those involved in public interest which has been Highway and Park Street), Boulder City, complying with the National expressed over the course of the Nevada 89006–1470, telephone 702– Environmental Policy Act. Pursuant to negotiations. At a minimum, the 293–8536. the ‘‘Final Revised Public Participation regional director shall furnish revised New contract action: Procedures’’ for water resource-related contracts to all parties who requested 48. Mr. and Mrs. West, BCP, contract negotiations, published in 47 the contract in response to the initial California: Assignment of contract No. FR 7763, February 22, 1982, a tabulation public notice. 6–07–30–W0342 from Mr. and Mrs. is provided of all proposed contractual The February 27, 2004, notice should West to Ronald E. and Shannon L. actions in each of the five Reclamation be used as a reference point to identify Williamson. regions. When contract negotiations are changes. The numbering system in this Completed contract actions: completed, and prior to execution, each notice corresponds with the numbering 20. Phelps Dodge Miami, Inc., CAP, proposed contract form must be system in the February 27, 2004, notice. Arizona: Amendment of subcontract to approved by the Secretary of the extend the deadline for giving notice of Interior, or pursuant to delegated or Definitions of Abbreviations Used in termination on exchange. redelegated authority, the Commissioner This Document 47. Cortaro-Marina ID, CAP, Arizona: of Reclamation or one of the regional BCP—Boulder Canyon Project Agreement with Reclamation and directors. In some instances, Reclamation—Bureau of Reclamation Arizona municipalities concerning the congressional review and approval of a CAP—Central Arizona Project operation of a managed effluent report, water rate, or other terms and CVP—Central Valley Project recharge facility in the Santa Cruz River conditions of the contract may be CRSP—Colorado River Storage Project Channel. FR—Federal Register involved. Upper Colorado Region: Bureau of IDD—Irrigation and Drainage District Reclamation, 125 South State Street, Public participation in and receipt of ID—Irrigation District comments on contract proposals will be M&I—Municipal and Industrial Room 6107, Salt Lake City, Utah 84138– facilitated by adherence to the following NMISC—New Mexico Interstate Stream 1102, telephone 801–524–3864. procedures: Commission New contract actions: 1. Only persons authorized to act on O&M—Operation and Maintenance 25. Central Utah Water Conservancy behalf of the contracting entities may P–SMBP—Pick-Sloan Missouri Basin District, Bonneville Unit, Central Utah negotiate the terms and conditions of a Program Project, Utah: Negotiate a repayment specific contract proposal. PPR—Present Perfected Right contract for 60,000 acre-feet per year of 2. Advance notice of meetings or SOD—Safety of Dams M&I water from the Utah Lake System. hearings will be furnished to those WD—Water District 26. Carlsbad ID and NMISC, Carlsbad parties that have made a timely written Pacific Northwest Region: Bureau of Project, New Mexico: Contract for request for such notice to the Reclamation, 1150 North Curtis Road, storage and delivery of water produced appropriate regional or project office of Suite 100, Boise, Idaho 83706–1234, by NMISC’s River Augmentation Reclamation. telephone 208–378–5223. Program, among Reclamation, Carlsbad 3. Written correspondence regarding Discontinued contract action: ID, and NMISC. This will allow for proposed contracts may be made 5. Bridgeport ID, Chief Joseph Dam storage of NMISC water in project available to the general public pursuant Project, Washington: Warren Act facilities resulting in additional project to the terms and procedures of the contract for the use of an irrigation water supply. Freedom of Information Act, as outlet in Chief Joseph Dam. 27. South Cache Water Users amended. Completed contract action: Association, Hyrum Project, Utah: 4. Written comments on a proposed 13. Fremont-Madison ID, Minidoka Contract for repayment of 15 percent of contract or contract action must be Project, Idaho-Wyoming: Repayment SOD costs at Hyrum Dam. submitted to the appropriate regional contract for reimbursable cost of SOD Discontinued contract action: officials at the locations and within the modifications to Grassy Lake Dam. 4. Upper Gunnison River Water time limits set forth in the advance Contract executed on June 7, 2004. Conservancy District, Aspinall Unit, public notices. Mid-Pacific Region: Bureau of CRSP, Colorado: Long-term water 5. All written comments received and Reclamation, 2800 Cottage Way, service contract for up to 25,000 acre- testimony presented at any public Sacramento, California 95825–1898, feet for irrigation use. hearings will be reviewed and telephone 916–978–5250. Completed contract actions: summarized by the appropriate regional New contract action: 1.(b) Upper Gunnison Water office for use by the contract approving 40. Plain View WD, CVP, California: Conservancy District, Aspinall Unit, authority. Reorganization and proposed full CRSP, Colorado: A 40-year contract for 6. Copies of specific proposed contract assignment of Plain View WD’s 500 acre-feet of M&I water to support contracts may be obtained from the CVP supply to Byron-Bethany ID. the District’s plan of augmentation for

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44548 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

non-agricultural water uses within the use pumping power and supplemental envelope should be addressed as District. The 500 acre-feet of water is to irrigation water with various irrigation follows: Office of the General Counsel/ be resold by the District under third- districts in North Dakota, covering a CARP, U.S. Copyright Office, James party contracts approved by combined maximum 28,000 acres Madison Memorial Building, Room LM– Reclamation, to water users located with within the boundaries and limits set by 401, 101 Independence Avenue, SE., the District’s boundaries. Contract the Dakota Water Resources Act of 2000. Washington, DC 20559–6000 between executed on April 1, 2004. 48. Security Water and Sanitation 8:30 a.m. and 5 p.m. If delivered by a 1.(c) Hawk Haven LLC, Aspinall Unit, District, Fryingpan-Arkansas Project, commercial courier, an original and five CRSP: Hawk Haven LLC has requested Colorado: Consideration of a request for copies of written comments and a a 40-year water service contract for 1 a long-term contract for the use of Notice of Intention to Participate must acre-foot of water out of Blue Mesa excess capacity in the Fryingpan- be delivered to the Congressional Reservoir to support its plan of Arkansas Project. Courier Acceptance Site located at 2nd augmentation, case No. 03WC091, Modified contract actions: and D Streets, NE,. between 8:30 a.m. District Court, Water Division 4. 20. Glendo Unit, P–SMBP, Wyoming: and 4 p.m. The envelope should be Contract executed March 11, 2004. Contract renewal for long-term water addressed as follows: Office of the 1.(d) Robert V. Ketchum, Aspinall service contracts with Burbank Ditch, General Counsel/CARP, Room LM–403, Unit, CRSP: Robert V. Ketchum has New Grattan Ditch Company, James Madison Memorial Building, 101 requested a 40-year water service Torrington ID, Lucerne Canal and Power Independence Avenue, SE., contract for 1 acre-foot water out of Blue Company, and Wright and Murphy Washington, DC. If sent by mail, an Mesa Reservoir to support his plan of Ditch Company. original and five copies of written augmentation, case No. 02WC252, 21. Glendo Unit, P–SMBP, Nebraska: comments and a Notice of Intention to District Court, Water Division 4. Contract renewal for long-term water Participate should be addressed to: Contract executed March 11, 2004. service contracts with Bridgeport, Copyright Arbitration Royalty Panel Great Plains Region: Bureau of Enterprise, and Mitchell IDs, and (CARP), P.O. Box 70977, Southwest Reclamation, P.O. Box 36900, Federal Central Nebraska Public Power and ID. Station, Washington, DC 20024. Building, 316 North 26th Street, Dated: June 24, 2004. Comments and Notices of Intention to Billings, Montana 59107–6900, Roseann Gonzales, Participate may not be delivered by telephone 406–247–7790. Director, Office of Program and Policy means of overnight delivery services New contract actions: such as Federal Express, United Parcel 42. Hill County WD, Milk River Services. [FR Doc. 04–16913 Filed 7–23–04; 8:45 am] Service, etc., due to delays in processing Project, Montana: Initiating renewal of receipt of such deliveries. municipal water contract No. 14–06– BILLING CODE 4310–MN–P FOR FURTHER INFORMATION CONTACT: 600–8954 which expires August 1, 2006. 43. East Bench ID, East Bench Unit, David O. Carson, General Counsel, or P–SMBP, Montana: The District LIBRARY OF CONGRESS Tanya M. Sandros, Senior Attorney, requested a deferment of its 2004 Copyright Arbitration Royalty Panel distribution works repayment Copyright Office (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024. obligation. A request is being prepared [Docket No. 2004–5 CARP CD 2002] to amend contract No. 14–06–600–3593 Telephone: (202) 707–8380; Telefax: to defer payments in accordance with Ascertainment of Controversy for the (202) 252–3423. the Act of September 21, 1959. 2002 Cable Royalty Funds SUPPLEMENTARY INFORMATION: Each year 44. Stutsman County Park Board, cable systems submit royalties to the Jamestown Unit, P–SMBP, North AGENCY: Copyright Office, Library of Copyright Office for the retransmission Dakota: The Board is requesting a Congress. to their subscribers of over-the-air contract for minor amounts of water ACTION: Notice with request for television and radio broadcast signals. under a long-term contract to serve comments and notices of intention to These royalties are, in turn, distributed domestic needs for cabin owners at participate. in one of two ways to copyright owners Jamestown Reservoir, North Dakota. whose works were included in a SUMMARY: The Copyright Office of the 45. City of Huron, P–SMBP, South retransmission of an over-the-air Library of Congress directs all claimants Dakota: Renewal of long-term operation, broadcast signal and who timely filed a to royalty fees collected for calendar maintenance, and replacement claim for royalties with the Copyright year 2002 under the cable statutory agreement for O&M of the James Office. The copyright owners may either license to submit comments as to Diversion Dam, South Dakota. negotiate the terms of a settlement as to 46. Tom Green County Water Control whether a Phase I or Phase II the division of the royalty funds, or the and Improvement District No. 1, San controversy exists as to the distribution Librarian of Congress may convene a Angelo Project, Texas: Public Law 108– of those fees and announces the Copyright Arbitration Royalty Panel 231, dated May 28, 2004, authorized the deadline for the filing of Notices of (‘‘CARP’’) to determine the distribution Secretary of the Interior to extend the Intention to Participate in a royalty of the royalty fees that remain in repayment period for the District from distribution proceeding concerning controversy. See 17 U.S.C. chapter 8. 40 to 50 years. A public notice will be those royalty fees. During the pendency of any published in the San Angelo Times, and DATES: Comments and Notices of proceeding, the Librarian of Congress a BON will be prepared to amend the Intention to Participate are due on may distribute any amounts that are not District’s repayment contract No. 14– August 25, 2004. in controversy, provided that sufficient 06–500–369, to extend the repayment ADDRESSES: If hand delivered by a funds are withheld to cover reasonable period and revise the repayment private party, an original and five copies administrative costs and to satisfy all schedule. of written comments and a Notice of claims for which a controversy exists 47. Garrison Diversion Unit, P–SMBP, Intention to Participate should be under his authority set forth in section North Dakota: Contracts to provide for brought to Room LM–401 of the James 111(d)(4) of the Copyright Act, title 17 project use pumping power or project Madison Memorial Building and the of the United States Code. See, e.g.,

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44549

Orders, Docket No. 2003–2 CARP CD certain categories of broadcast claimant’s name, address, telephone 2001 (dated October 1, 2003), Docket programming that has been number, facsimile number, and e-mail No. 2002–8 CARP CD 2000 (dated retransmitted by cable systems. The address, a joint Notice shall provide the December 4, 2002), Docket No. 2001–6 categories have traditionally been full name, address, telephone number, CARP CD 99 (dated October 17, 2001), syndicated programming and movies, facsimile number (if any), and e-mail Docket No. 2000–6 CARP CD 98 (dated sports, commercial and noncommercial address (if any) of the person filing the October 12, 2000) and Docket No. 99– broadcaster-owned programming, Notice; and it shall contain a list 5 CARP CD 97 (dated October 18, 1999). religious programming, music identifying all the claimants that are However, the Copyright Office must, programming, and Canadian parties to the joint Notice. In addition, prior to any distribution of the royalty programming. The Office seeks if the joint Notice is filed by counsel or fees, ascertain who the claimants are comments as to the existence and extent a representative of one or more of the and the extent of any controversy over of controversies between these claimants that are parties to the joint the distribution of the royalty fees. categories for royalty distribution. Notice, the joint Notice shall contain a The CARP rules provide that: In Phase II of a cable royalty statement from such counsel or In the case of a royalty fee distribution distribution, royalties are distributed to representative certifying that, as of the proceeding, the Librarian of Congress shall, claimants within a program category. If date of submission of the joint Notice, after the time period for filing claims, publish a claimant anticipates a Phase II such counsel or representative has the in the Federal Register a notice requesting controversy, the claimant must state authority and consent of the claimants each claimant on the claimant list to each program category in which he or to represent them in the CARP negotiate with each other a settlement of she has an interest that has not, by the proceeding. their differences, and to comment by a date end of the comment period, been certain as to the existence of controversies Notices of Intention to Participate with respect to the royalty funds described in satisfied through a settlement agreement must be received by the Copyright the notice. Such notice shall also establish a and the extent of the controversy. Office no later than 5 p.m. on August date certain by which parties wishing to The Copyright Office must be advised 25, 2004. participate in the proceeding must file with of the existence and extent of all Phase the Librarian a notice of intention to I and Phase II controversies by the end 3. Motion of Phase I Claimants for participate. of the comment period. It will not Partial Distribution 37 CFR 251.45(a). The Copyright Office consider any controversies that come to A claimant who is not a party to the may publish this notice on its own its attention after the close of that motion may file a response to the initiative, see, e.g., 64 FR 23875 (May 4, period. motion no later than August 25, 2004, 1999); in response to a motion for 2. Notice of Intention To Participate provided that the respondent files a partial distribution from an interested Notice of Intention to Participate in this party, see, e.g., 68 FR 48415 (August 13, Section 251.45(a) of the rules, 37 CFR, proceeding in accordance with this 2003), or in response to a petition requires that a Notice of Intention to Notice. requesting that the Office declare a Participate be filed in order to The Motion of Phase I Claimants for controversy and initiate a CARP participate in a CARP proceeding, but it Partial Distribution is posted on the proceeding. In this case, the Office has does not prescribe the contents of the Copyright Office Web site at http:// received a motion for a partial Notice. In a prior proceeding, the www.copyright.gov/carp/ distribution of the 2002 cable royalty Library was forced to address the issue phase1motion.pdf. fees. of what constitutes a sufficient Notice and to whom it is applicable. See 65 FR Dated: July 20, 2004. On July 15, 2004, representatives of David O. Carson, the Phase I claimant categories to which 54077 (September 6, 2000); see also General Counsel. royalties have been allocated in prior Orders in Docket No. 2000–2 CARP CD cable distribution proceedings filed a 93–97 (June 22, 2000, and August 1, [FR Doc. 04–16962 Filed 7–23–04; 8:45 am] motion with the Copyright Office for a 2000). These rulings will result in a BILLING CODE 1410–33–P partial distribution of the 2002 cable future amendment to § 251.45(a) to royalty fund. The Office will consider specify the content of a properly filed this motion after each interested party Notice. In the meantime, the Office MILLENNIUM CHALLENGE has been identified by filing the Notice advises those parties filing Notices of CORPORATION Intention to Participate in this of Intention to Participate requested [FR 04–08] herein and has had an opportunity to proceeding to comply with the file responses to the motion. following instructions. Report on Countries That Are Each claimant that has a dispute over Candidates for Millennium Challenge 1. Comments on the Existence of the distribution of the 2002 cable Controversies Account Eligibility in FY 2005 and royalty fees, either at Phase I or Phase Countries That Would Be Candidates Before commencing a distribution II, shall file a Notice of Intention to but for Legal Prohibitions proceeding or making a partial Participate that contains the following: distribution, the Librarian of Congress (1) The claimant’s full name, address, AGENCY: Millennium Challenge must first ascertain whether a telephone number, facsimile number (if Corporation. controversy exists as to the distribution any), and e-mail address (if any); (2) SUMMARY: Section 608(d) of the of the royalty fees and the extent of identification of whether the Notice Millennium Challenge Act of 2003 those controversies. 17 U.S.C. 803(d). covers a Phase I proceeding, a Phase II requires the Millennium Challenge Therefore, the Copyright Office is proceeding, or both; and (3) a statement Corporation to publish a report that requesting comment on the existence of the claimant’s intention to fully identifies countries that are ‘‘candidate and extent of any controversies, at Phase participate in a CARP proceeding. countries’’ for Millennium Challenge I and Phase II, as to the distribution of Claimants may, in lieu of individual Account assistance during FY 2005. The the 2002 cable royalty fees. Notices of Intention to Participate, report is set forth in full below. In Phase I of a cable royalty submit joint Notices. In lieu of the Report: This report to Congress is distribution, royalties are distributed to requirement that the Notice contain the provided in accordance with section

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44550 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

608(a) of the Millennium Challenge Act under part I of the Foreign Assistance 36. Madagascar of 2003, codified at 22 U.S.C. 7701 and Act of 1961, as amended. 37. Malawi 7707(a) (the ‘‘Act’’). The Act authorizes Pursuant to section 606(c) of the Act, 38. Mali the provision of Millennium Challenge the Board of Directors of the 39. Mauritania Account (‘‘MCA’’) assistance to Millennium Challenge Corporation has 40. Moldova 41. Mongolia countries that enter into compacts with identified the following countries as 42. Morocco the United States to support policies candidate countries under the Act for 43. Mozambique and programs that advance the FY 2005. In so doing, the Board has 44. Nepal prospects of such countries achieving anticipated that prohibitions against 45. Nicaragua lasting economic growth and poverty assistance that applied to countries 46. Niger reduction. The Act requires the during FY 2004 will again apply during 47. Nigeria Millennium Challenge Corporation to FY 2005, even though the Foreign 48. Pakistan take a number of steps in determining Operations, Export Financing and 49. Papua New Guinea the countries that, based on their Related Appropriations Act for FY 2005 50. Paraguay 51. Philippines demonstrated commitment to just and has not yet been enacted and certain 52. Rwanda democratic governance, economic findings under other statutes have not 53. Sao Tome and Principe freedom and investing in their people, yet been made. As noted below, the 54. Senegal will be eligible for MCA assistance Millennium Challenge Corporation will 55. Sierra Leone during Fiscal Year 2005. These steps provide any required updates on 56. Solomon Islands include the submission of reports to the subsequent changes in applicable 57. Sri Lanka congressional committees specified in legislation or other circumstances that 58. Swaziland the Act and the publication of notices in would affect the status of countries as 59. Tajikistan the Federal Register that identify: candidate countries for FY 2005. 60. Tanzania 1. The countries that are ‘‘candidate 61. Timor-Leste 1. Afghanistan 62. Togo countries’’ for MCA assistance during 2. Angola 63. Turkmenistan Fiscal Year 2005 based on their per- 3. Armenia 64. Tuvalu capita income levels and their eligibility 4. Azerbaijan 65. Uganda to receive assistance under U.S. law and 5. Bangladesh 66. countries that would be candidate 6. Benin 67. Vanuatu countries but for legal prohibitions on 7. Bhutan 68. Vietnam assistance (section 608(a) of the Act); 8. Bolivia 69. Yemen, Rep. 9. Burkina Faso 70. Zambia 2. The criteria and methodology that 10. Cameroon the Board of Directors of the Albania, Bosnia and Herzegovina, 11. Chad Cape Verde, and Tonga were candidate Millennium Challenge Corporation (the 12. China ‘‘Board’’) will use to measure and 13. Comoros countries for FY 2004 but are not evaluate the relative policy performance 14. Congo, Dem. Rep candidate countries for FY 2005, due to of the candidate countries consistent 15. Congo, Rep. (Brazzaville) increases in their levels of per capita with the requirements of section 607 of 16. Djibouti income above the historical ceiling of the Act in order to select ‘‘eligible 17. Egypt, Arab Rep. of the International Development 18. Equatorial Guinea countries’’ from among the ‘‘candidate Association. In addition, Serbia & 19. Eritrea, and Montenegro, which would have been a countries’’ (section 608(b) of the Act); 20. Ethiopia and 21. Gambia candidate country for FY 2004 but for 3. The list of countries determined by 22. Georgia legal prohibitions that apply to Serbia, the Board to be ‘‘eligible countries’’ for 23. Ghana is not a candidate country for FY 2005 Fiscal Year 2005, including which of the 24. Guinea due to an increase in its per capita eligible countries the Board will seek to 25. Guyana income above the International enter into MCA compacts (section 26. Haiti Development Association historical 27. Honduras ceiling. 608(d) of the Act). 28. India This notice is the first of the three 29. Ondonesia Countries That Would Be Candidate required notices listed above. 30. Iraq 1 Countries but for Statutory Provisions Candidate Countries for FY 2005 31. Kenya That Prohibit Assistance 32. Kiribati The Act requires the identification of 33. Kyrgyz Republic Countries that would be considered all countries that are candidates for 34. Lao PDR candidate countries during FY 2005 but MCA assistance in FY 2005 and the 35. Lesotho are subject to legal provisions which identification of all countries that would prohibit them from receiving U.S. be candidate countries but for legal 1 Iraq is identified as a candidate country on a economic assistance under part I of the prohibitions on assistance. Section provisional basis. Iraq is subject to section 620(t) of Foreign Assistance Act of 1961, as the Foreign Assistance Act of 1961, as amended, 606(a) of the Act provides that, during which prohibits assistance to countries with which amended (the ‘‘Foreign Assistance Act’’) FY 2005, countries shall be candidates the United States severed diplomatic relations, are listed below. As noted above, this for the MCA if they: unless diplomatic relations have been resumed and list is based on legal prohibitions • Have a per capita income equal to an agreement for the furnishing of assistance has against economic assistance that apply subsequently been entered into. While the United or less than the historical ceiling of the States has resumed diplomatic relations with Iraq, during FY 2004 that are anticipated to International Development Association an assistance agreement, which would satisfy apply again during FY 2005. for the fiscal year involved (or $1465 for section 620(t), has not yet been completed. If such 1. Burma. Section 570 of the FY 1997 FY 2005); and an agreement has not been entered into by the date Foreign Operations Act prohibits • on which the MCC Board determines eligible Are not subject to legal provisions countries pursuant to section 607 of the Act, Iraq assistance to the government with that prohibit them from receiving will not be treated as a candidate country as of that certain narrow exceptions. In addition, United States economic assistance date. Burma has been identified as a major

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44551

drug-transit or major illicit drug for assistance to the central Government application that is submitted to a producing country for 2004 of Uzbekistan may be made available Presidential library to request the use of (Presidential Determination No. 2003– only if the Secretary of State determines space in the library for a privately 38, dated 9/15/03) and designated as and reports to the Congress that the sponsored activity. The public is invited having ‘‘failed demonstrably’’ to adhere government is making substantial and to comment on the proposed to its international obligations and take continuing progress in meeting its information collection pursuant to the the measures required by section commitments under a framework Paperwork Reduction Act of 1995. 489(a)(1) of the Foreign Assistance Act, agreement with the United States. DATES: Written comments must be thus making Burma ineligible for 13. Zimbabwe is subject to section received on or before September 24, assistance. Burma is listed as a Tier III 620(q) of the Foreign Assistance Act and 2004, to be assured of consideration. section 512 of the FY 2004 country under the Trafficking Victims ADDRESSES: Comments should be sent Appropriations Act. Protection Act for not complying with to: Paperwork Reduction Act Comments minimum standards for eliminating Countries identified above as candidate countries, as well as countries (NHP), Room 4400, National Archives trafficking and not making significant and Records Administration, 8601 efforts to comply (Presidential that would be considered candidate countries but for the applicability of Adelphi Rd., College Park, MD 20740– Determination No. 2003–35, 9/9/03). 6001; or faxed to 301–837–3213; or 2. Burundi is subject to section 508 of legal provisions that prohibit U.S. economic assistance, may be the subject electronically mailed to the Foreign Operations, Export [email protected]. Financing, and Related Programs of future statutory restrictions or Appropriations Act, 2004 (‘‘FY 2004 determinations, or changed country FOR FURTHER INFORMATION CONTACT: Appropriations Act’’), which prohibits circumstances, that affect their legal Requests for additional information or assistance to the government of a eligibility for assistance under part I of copies of the proposed information country whose duly elected head of the Foreign Assistance Act during FY collections and supporting statements government has been deposed by a 2005. The Millennium Challenge should be directed to Tamee Fechhelm military coup. Corporation will include any required at telephone number 301–837–1694, or 3. Cambodia is subject to section updates on such statutory eligibility that fax number 301–837–3213. 561(b) of the FY 2004 Appropriations affect countries’ identification as SUPPLEMENTARY INFORMATION: Pursuant Act, which prohibits assistance to the candidate countries for FY 2005, at such to the Paperwork Reduction Act of 1995 central government of Cambodia, except time as it publishes the notices required (Pub. L. 104–13), NARA invites the in specified circumstances. by sections 608(b) and 608(d) of the Act general public and other Federal 4. Central African Republic is subject or at other appropriate times. Any such agencies to comment on proposed to section 508 of the FY 2004 updates with regard to the legal information collections. The comments Appropriations Act. eligibility or ineligibility of particular and suggestions should address one or 5. Cote d’Ivoire is subject section 508 countries identified in this report will more of the following points: (a) of the FY 2004 Appropriations Act. not affect the date on which the Board Whether the proposed collections of 6. Cuba. Section 507 of the FY 2004 of Directors is authorized to determine information are necessary for the proper Appropriations Act prohibits direct eligible countries from among candidate performance of the functions of NARA; assistance to Cuba. The Cuban Liberty countries which, in accordance with (b) the accuracy of NARA’s estimate of and Democratic Solidarity Act of 1996, section 608(a) of the Act, shall be no the burden of the proposed information Pub. L. 104–114 requires the President sooner than 90 days from the date of collections; (c) ways to enhance the to take all necessary steps to ensure that publication of this notice. quality, utility, and clarity of the no funds or other assistance is provided Dated: July 21, 2004. information to be collected; and (d) to the Cuban government. Paul V. Applegarth, ways to minimize the burden of the 7. Guinea-Bissau is subject to section Chief Executive Officer, Millennium collection of information on 508 of the FY 2004 Appropriations Act. Challenge Corporation. respondents, including the use of 8. Liberia is subject to section 620(q) [FR Doc. 04–16982 Filed 7–23–04; 8:45 am] information technology. The comments of the Foreign Assistance Act and BILLING CODE 9210–01–P that are submitted will be summarized section 512 of the FY 2004 and included in the NARA request for Appropriations Act, both of which Office of Management and Budget prohibit assistance under part I of the (OMB) approval. All comments will Foreign Assistance Act based on past NATIONAL ARCHIVES AND RECORDS ADMINISTRATION become a matter of public record. In this due indebtedness to the United States. notice, NARA is soliciting comments 9. Somalia is subject to section 620(q) Agency Information Collection concerning the following information of the Foreign Assistance Act and Activities: Proposed Collection; collections: section 512 of the FY 2004 Comment Request 1. Title: Statistical Research in Appropriations Act. Archival Records Containing Personal 10. Sudan is subject to: section 620(q) AGENCY: National Archives and Records Information. of the Foreign Assistance Act and Administration (NARA). OMB number: 3095–0002. section 512 of the FY 2004 ACTION: Notice. Agency form number: None. Appropriations Act. Sudan also is Type of review: Regular. subject to section 508 of the FY 2004 SUMMARY: NARA is giving public notice Affected public: Individuals. Appropriations Act and section 620A of that the agency proposes to request Estimated number of respondents: 1. the Foreign Assistance Act. extension of two currently approved Estimated time per response: 7 hours. 11. Syrian Arab Republic. Section 507 information collections. The first Frequency of response: On occasion. of the FY 2004 Appropriations Act information collection is used to Estimated total annual burden hours: prohibits direct assistance to Syria. evaluate requests for access to records 7 hours. 12. Uzbekistan is subject to section that have been restricted because they Abstract: The information collection 568 of the FY 2004 Appropriations Act, contain highly personal information. is prescribed by 36 CFR 1256.4 and 36 which requires that funds appropriated The second information collection is an CFR 1256.16. Respondents are

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44552 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

researchers who wish to do biomedical Committee’s recommendations in its Further information with reference to statistical research in archival records implementation of strategies for the these meetings can be obtained from Ms. containing highly personal information. efficient operation of the Presidential Kathy Plowitz-Worden, Office of NARA needs the information to evaluate libraries. NARA’s Committee Guidelines & Panel Operations, National requests for access to ensure that the Management Officer is Mary Ann Endowment for the Arts, Washington, requester meets the criteria in 36 CFR Hadyka. She can be reached at 301– DC 20506, or call 202/682–5691. 1256.4 and that the proper safeguards 837–1782. Dated: July 19, 2004. will be made to protect the information. Dated: July 17, 2004. Kathy Plowitz-Worden, 2. Title: Application and Permit for John W. Carlin, Use of Space in Presidential Library and Panel Coordinator, Panel Operations, Archivist of the United States. National Endowment for the Arts. Grounds. OMB number: 3095–0024. [FR Doc. 04–16979 Filed 7–23–04; 8:45 am] [FR Doc. 04–16970 Filed 7–23–04; 8:45 am] Agency form number: NA Form BILLING CODE 7515–01–P BILLING CODE 7537–01–P 16011. Type of review: Regular. Affected public: Private organizations. NATIONAL FOUNDATION ON THE NATIONAL SCIENCE FOUNDATION Estimated number of respondents: ARTS AND THE HUMANITIES 1,000. Notice of Permits Issued Under the Estimated time per response: 20 National Endowment for the Arts; Antarctic Conservation Act of 1978 minutes. Combined Arts Advisory Panel AGENCY: National Science Foundation. Frequency of response: On occasion. Pursuant to Section 10(a)(2) of the ACTION: Notice of permits issued under Estimated total annual burden hours: Federal Advisory Committee Act (Pub. 333 hours. the Antarctic Conservation of 1978, L. 92–463), as amended, notice is hereby Public Law 95–541. Abstract: The information collection given that two meetings of the is prescribed by 36 CFR 1280.94. The Combined Arts Advisory Panel to the SUMMARY: The National Science application is submitted to a National Council on the Arts will be Foundation (NSF) is required to publish Presidential library to request the use of held at the Nancy Hanks Center, 1100 notice of permits issued under the space in the library for a privately Pennsylvania Avenue, NW., Antarctic Conservation Act of 1978. sponsored activity. NARA uses the Washington, DC 20506 as follows: This is the required notice. information to determine whether use Opera: August 16–17, 2004, Room 716 FOR FURTHER INFORMATION CONTACT: will meet the criteria in 36 CFR 1280.94 (Access to Artistic Excellence category, Nadene G. Kennedy, Permit Office, and to schedule the date. Panel A). This meeting, from 9 a.m. to Office of Polar Programs, Rm. 755, Dated: July 19, 2004. 5:30 p.m. on both days, will be closed. National Science Foundation, 4201 L. Reynolds Cahoon, Opera: August 18, 2004, Room 716 Wilson Boulevard, Arlington, VA 22230. (Access to Artistic Excellence category, Assistant Archivist for Human Resources and SUPPLEMENTARY INFORMATION: On June Panel B). A portion of this meeting, from Information Services. 15, 2004, the National Science 4:30 p.m. to 5:30 p.m., will be open to [FR Doc. 04–16978 Filed 7–23–04; 8:45 am] Foundation published a notice in the the public for policy discussion. The BILLING CODE 7515–01–P Federal Register of a permit remaining portions of this meeting, from applications received. A permit was 9:30 a.m. to 4:30 p.m. and from 5:30 p.m. to 6 p.m., will be closed. issued on July 21, 2004 to: Donal T. NATIONAL ARCHIVES AND RECORDS Manahan: Permit No. 2005–007. ADMINISTRATION The closed portions of meetings are for the purpose of Panel review, Nadene G. Kennedy, Renewal of Advisory Committee on discussion, evaluation, and Permit Officer. Presidential Libraries recommendation on applications for [FR Doc. 04–16949 Filed 7–23–04; 8:45 am] financial assistance under the National BILLING CODE 7555–01–M This notice is published in Foundation on the Arts and the accordance with the provisions of Humanities Act of 1965, as amended, section 9(a)(2) of the Federal Advisory including information given in Committee Act (Pub. L. 92–463, 5 confidence to the agency by grant NUCLEAR REGULATORY U.S.C., App.) and advises of the renewal applicants. In accordance with the COMMISSION of the National Archives and Records determination of the Chairman of April Agency Information Collection Administration’s (NARA) Advisory 14, 2004, these sessions will be closed Activities: Submission for the Office of Committee on Presidential Libraries. In to the public pursuant to subsection Management and Budget (OMB) accordance with Office of Management (c)(6) of 5 U.S.C. 552b. Review; Comment Request and Budget (OMB) Circular A–135, Any person may observe meetings, or OMB approved the inclusion of the portions thereof, of advisory panels that AGENCY: Nuclear Regulatory Advisory Committee on Presidential are open to the public, and if time Commission (NRC). Libraries in NARA’s ceiling of allows, may be permitted to participate ACTION: Notice of the OMB review of discretionary advisory committees. in the panel’s discussions at the information collection and solicitation NARA has determined that the discretion of the panel chairman. of public comment. renewal of the Advisory Committee is in If you need special accommodations the public interest due to the expertise due to a disability, please contact the SUMMARY: The NRC has recently and valuable advice the Committee Office of AccessAbility, National submitted to OMB for review the members provide on issues affecting the Endowment for the Arts, 1100 following proposal for the collection of functioning of existing Presidential Pennsylvania Avenue, NW., information under the provisions of the libraries and library programs and the Washington, DC 20506, 202/682–5532, Paperwork Reduction Act of 1995 (44 development of future Presidential TDY–TDD 202/682–5496, at least seven U.S.C. Chapter 35). The NRC hereby libraries. NARA will use the (7) days prior to the meeting. informs potential respondents that an

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44553

agency may not conduct or sponsor, and Dated at Rockville, Maryland, this 20th day For the Nuclear Regulatory Commission. that a person is not required to respond of July, 2004. Stephen Monarque, to, a collection of information unless it For the Nuclear Regulatory Commission. Project Manager, Section 1, Project displays a currently valid OMB control Beth St. Mary, Directorate II, Division of Licensing Project number. Acting NRC Clearance Officer, Office of the Management, Office of Nuclear Reactor 1. Type of submission, new, revision, Chief Information Officer. Regulation. or extension: Extension. [FR Doc. 04–16898 Filed 7–23–04; 8:45 am] [FR Doc. 04–16899 Filed 7–23–04; 8:45 am] 2. The title of the information BILLING CODE 7590–01–P BILLING CODE 7590–01–P collection: 10 CFR Part 4, ‘‘Nondiscrimination in Federally Assisted Commission Programs’’. NUCLEAR REGULATORY NUCLEAR REGULATORY 3. The form number if applicable: Not COMMISSION COMMISSION Applicable. [Docket Nos. 50–338 and 50–339] Advisory Committee on Reactor 4. How often the collection is Safeguards, Subcommittee Meeting on required: On occasion and annually. Virginia Electric and Power Company; Safeguards and Security; Notice of 5. Who will be required or asked to Notice of Withdrawal of Application for Meeting report: Recipients of Federal Financial Amendments to Renewed Facility Assistance provided by the NRC Operating License Nos. NPF–4 and The ACRS Subcommittee on (including 33 Agreement States, 6 NPF–7 Safeguards and Security will hold a Educational Institutions and 15 Other closed meeting on August 24–26, 2004, The U.S. Nuclear Regulatory Nonprofit Organizations). at Sandia National Laboratories, Commission (the Commission) has 6. An estimate of the number of Albuquerque, New Mexico. granted the request of Virginia Electric annual responses: 108 (54 responses + The entire meeting will be closed to and Power Company (the licensee) to 54 recordkeepers). public attendance to protect information withdraw its March 4, 2004, application classified as national security 7. The estimated number of annual for proposed amendments to Renewed respondents: 54. information and safeguards information Facility Operating License Nos. NPF–4 pursuant to 5 U.S.C. 552b(c)(1) and (3). 8. An estimate of the total number of and NPF–7 for the North Anna Power hours needed annually to complete the The agenda for the subject meeting Station, Units 1 and 2, located in Louisa shall be as follows: requirement or request: 432 hours (270 County, Virginia. hrs for reporting or 5 hours per response The proposed amendments would Tuesday, Wednesday and Thursday, and 162 hours for recordkeeping or 3 have revised the Technical August 24–26, 2004—8:30 a.m. Until the hours per recordkeeper). Specifications by deleting the Note from Conclusion of Business 9. An indication of whether Section Surveillance Requirement 3.4.12.7 for The Subcommittee will hear 3507(d), Pub. L. 104–13 applies: N/A. the power-operated relief valves. presentations from the NRC staff, NRC 10. Abstract: Recipients of NRC The Commission had previously staff consultants, and representatives of financial assistance provide data to issued a Notice of Consideration of the industry regarding safeguards and demonstrate assurance to NRC that they Issuance of Amendments published in security issues. The purpose of this are in compliance with non- the Federal Register on April 13, 2004 meeting is to gather information, discrimination regulations and policies. (69 FR 19577). However, by letter dated analyze relevant issues and facts, and A copy of the final supporting July 1, 2004, the licensee withdrew the formulate proposed positions and statement may be viewed free of charge proposed change. actions, as appropriate, for deliberation at the NRC Public Document Room, One For further details with respect to this by the full Committee. White Flint North, 11555 Rockville action, see the application for Further information contact: Mr. Pike, Room O–1 F21, Rockville, MD amendments dated March 4, 2004, and Richard K. Major (telephone: 301–415– 20852. OMB clearance requests are the licensee’s letter dated July 1, 2004, 7366) or Dr. Richard P. Savio available at the NRC worldwide web which withdrew the application for (telephone: 301–415–7362) between license amendments. Documents may be site: http://www.nrc.gov/public-involve/ 7:30 a.m. and 4:15 p.m. (ET). doc-comment/omb/index.html. The examined, and/or copied for a fee, at the document will be available on the NRC NRC’s Public Document Room (PDR), Dated: July 20, 2004. home page site for 60 days after the located at One White Flint North, Public Michael R. Snodderly, signature date of this notice. File Area O1 F21, 11555 Rockville Pike Acting Associate Director for Technical Comments and questions should be (first floor), Rockville, Maryland. Support, ACRS/ACNW. directed to the OMB reviewer listed Publicly available records will be [FR Doc. 04–16900 Filed 7–23–04; 8:45 am] below by August 25, 2004. Comments accessible electronically from the BILLING CODE 7590–01–P received after this date will be Agencywide Documents Access and considered if it is practical to do so, but Management Systems (ADAMS) Public assurance of consideration cannot be Electronic Reading Room on the internet NUCLEAR REGULATORY given to comments received after this at the NRC Web site, http:// COMMISSION date. www.nrc.gov/reading-rm/adams/html. Advisory Committee on Reactor OMB Desk Officer, Office of Persons who do not have access to Safeguards, Subcommittee Meeting on Information and Regulatory Affairs ADAMS or who encounter problems in Thermal-Hydraulic Phenomena; Notice (3150–0053), NEOB–10202, Office of accessing the documents located in of Meeting Management and Budget, Washington, ADAMS, should contact the NRC PDR DC 20503. Reference staff by telephone at 1–800– The ACRS Subcommittee on Thermal- Comments can also be submitted by 397–4209, or (301) 415–4737 or by e- Hydraulic Phenomena will hold a telephone at (202) 395–3087. mail to [email protected]. meeting on August 17–18, 2004, Room The NRC Clearance Officer is Brenda Dated at Rockville, Maryland, this 7th day T–2B3, 11545 Rockville Pike, Rockville, Jo. Shelton, 301–415–7233. of July 2004. Maryland.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44554 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

The agenda for the subject meeting This notice informs the public of the The collection of information under shall be as follows: PBGC’s request and solicits public these regulations and implementing comment on the collection of forms and instructions has been Tuesday and Wednesday, August 17–18, information. approved by OMB under control 2004—8:30 a.m. Until the Conclusion of number 1212–0036 (expires August 31, Business DATES: Comments should be submitted 2004). The PBGC is requesting that OMB by August 25, 2004. The Subcommittee will review the extend its approval for three years. staff’s final safety evaluation report on ADDRESSES: Comments should be The PBGC estimates that 1,175 plan the industry guidelines related to mailed to the Office of Information and administrators will be subject to the resolution of GSI–191, ‘‘Assessment of Regulatory Affairs of the Office of collection of information requirements Debris Accumulation on PWR Sump Management and Budget, Attention: in the PBGC’s termination and missing Performance.’’ The Subcommittee will Desk Officer for Pension Benefit participants regulations and also review the final staff resolution of Guaranty Corporation, Washington, DC implementing forms and instructions GSI–185, ‘‘Control of Recriticality 20503. each year, and that the total annual Following Small-Break LOCAs in Copies of the request for extension burden of complying with these PWRs.’’ The Subcommittee will gather (including the collection of information) requirements is 1,743 hours and information, analyze relevant issues and may be obtained by writing to the $1,973,075. (Much of the work facts, and formulate proposed positions PBGC’s Communications and Public associated with terminating a plan is and actions, as appropriate, for Affairs Department, suite 240, 1200 K performed for purposes other than deliberation by the full Committee. Street, NW., Washington, DC 20005– meeting these requirements.) Members of the public desiring to 4026, or by visiting that office or calling Issued in Washington, DC, this 20th day of provide oral statements and/or written 202–326–4040 during normal business July, 2004. comments should notify the Designated hours. (TTY and TDD users may call the Stuart A. Sirkin, Federal Official, Mr. Ralph Caruso Federal relay service toll-free at 1–800– Director, Corporate Policy and Research (Telephone: 301–415–8065) five days 877–8339 and ask to be connected to Department, Pension Benefit Guaranty prior to the meeting, if possible, so that 202–326–4040.) The regulations and Corporation. appropriate arrangements can be made. forms and instructions relating to this [FR Doc. 04–16930 Filed 7–23–04; 8:45 am] Electronic recordings will be permitted. collection of information may be BILLING CODE 7708–01–P Further information regarding this accessed on the PBGC’s Web site at meeting can be obtained by contacting http://www.pbgc.gov. the Designated Federal Official between FOR FURTHER INFORMATION CONTACT: SECURITIES AND EXCHANGE 7:30 a.m. and 4:15 p.m. (ET). Persons Catherine B. Klion, Attorney, Office of COMMISSION planning to attend this meeting are the General Counsel, PBGC, 1200 K urged to contact the above named Street, NW., Washington, DC 20005– Self-Regulatory Organizations; Notice individual at least two working days 4026; 202–326–4024. (TTY and TDD of Application of Universal Display prior to the meeting to be advised of any users may call the Federal relay service Corporation to Withdraw its Common potential changes to the agenda. toll-free at 1–800–877–8339 and ask to Stock, $.01 Par Value From Listing and Dated: July 20, 2004. be connected to 202–326–4024.) Registration on the Philadelphia Stock Exchange, Inc. File No. 1–12031 Michael R. Snodderly, SUPPLEMENTARY INFORMATION: Under Acting Associate Director for Technical section 4041 of the Employee July 20, 2004. Support, ACRS/ACNW. Retirement Income Security Act of 1974, On July 9, 2004, Universal Display [FR Doc. 04–16901 Filed 7–23–04; 8:45 am] as amended, a single-employer pension Corporation, a Pennsylvania corporation BILLING CODE 7590–01–P plan may terminate voluntarily only if (‘‘Issuer’’), filed an application with the it satisfies the requirements for either a Securities and Exchange Commission standard or a distress termination. (‘‘Commission’’), pursuant to section PENSION BENEFIT GUARANTY Pursuant to ERISA section 4041(b), for 12(d) of the Securities Exchange Act of CORPORATION standard terminations, and section 1934 (‘‘Act’’),1 and Rule 12d2–2(d) 4041(c), for distress terminations, and thereunder,2 to withdraw its common Submission of Information Collection the PBGC’s termination regulation (29 stock, $.01 par value (‘‘Security’’), from for OMB Review; Comment Request; CFR part 4041), a plan administrator listing and registration on the Termination of Single Employer Plans, wishing to terminate a plan is required Philadelphia Stock Exchange, Inc. Missing Participants to submit specified information to the (‘‘Phlx’’ or ‘‘Exchange’’). AGENCY: Pension Benefit Guaranty PBGC in support of the proposed The Board of Directors (‘‘Board’’) of Corporation. termination and to provide specified the Issuer approved a resolution on June ACTION: Notice of request for extension information regarding the proposed 15, 2004 to voluntarily withdraw its of OMB approval. termination to third parties Security from listing on the Exchange. (participants, beneficiaries, alternate The Board states that it is taking such SUMMARY: The Pension Benefit Guaranty payees, and employee organizations). In action for the following reasons: (i) The Corporation (‘‘PBGC’’) is requesting that the case of a plan with participants or Security is currently listed on the the Office of Management and Budget beneficiaries who cannot be located Nasdaq National Market System (‘‘OMB’’) extend approval, under the when their benefits are to be distributed, (‘‘Nasdaq’’) and the Phlx; (ii) the Paperwork Reduction Act, of a the plan administrator is subject to the Security has traded almost exclusively collection of information in its requirements of ERISA section 4050 and on Nasdaq over the past several years; regulations on Termination of Single the PBGC’s missing participants (iii) according to the Phlx, there have Employer Plans and Missing regulation (29 CFR part 4050). (These been no trades on the Security on the Participants, and implementing forms regulations may be accessed on the and instructions (OMB control number PBGC’s Web site at http:// 1 15 U.S.C. 78l(d). 1212–0036, expires August 31, 2004.) www.pbgc.gov.) 2 17 CFR 240.12d2–2(d).

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44555

Exchange during the last two years; and For the Commission, by the Division of registered public accounting firm (iv) the Board states that it is in the best Market Regulation, pursuant to delegated conducted within a non-U.S. oversight interest of the Issuer and its authority.5 system. stockholders to terminate listing the Jonathan G. Katz, * * * * * Security on the Exchange and to Secretary. maintain its listing of the Security on [FR Doc. 04–16920 Filed 7–23–04; 8:45 am] Section 4. Inspections Nasdaq. BILLING CODE 8010–01–P * * * * * The Issuer states in its application Rule 4011. Statement by Foreign that it has met the requirements of Phlx Registered Public Accounting Firms Rule 809 governing an issuer’s SECURITIES AND EXCHANGE voluntary withdrawal of a security from COMMISSION A foreign registered public accounting firm that seeks to have the Board rely, listing and registration. The Issuer’s [Release No. 34–50047; File No. PCAOB– application relates solely to the 2004–04] to the extent deemed appropriate by the withdrawal of the Security from listing Board, on a non-U.S. inspection when on the Phlx and from registration under Public Company Accounting Oversight the Board conducts an inspection of section 12(b) of the Act 3 and shall not Board; Notice of Filing of Proposed such firm pursuant to Rule 4000 shall affect its obligation to be registered Rules Relating to Oversight of Non- submit a written statement signed by an under section 12(g) of the Act.4 U.S. Registered Public Accounting authorized partner or officer of the firm Any interested person may, on or Firms to the Board certifying that the firm before August 12, 2004, comment on the seeks such reliance for all Board facts bearing upon whether the July 20, 2004. inspections. application has been made in Pursuant to Section 107(b) of the Sarbanes-Oxley Act of 2002 (‘‘Act’’), Rule 4012. Inspections of Foreign accordance with the rules of the Phlx, Registered Public Accounting Firms and what terms, if any, should be notice is hereby given that on June 18, (a) If a foreign registered public imposed by the Commission for the 2004, the Public Company Accounting accounting firm has submitted a protection of investors. All comment Oversight Board (‘‘Board’’ or ‘‘PCAOB’’) statement pursuant to Rule 4011, the letters may be submitted by either of the filed with the Securities and Exchange Board will, at an appropriate time before following methods: Commission (‘‘Commission’’) the proposed rules described in Items I and each inspection of such firm, determine Electronic Comments II below, which items have been the degree, if any, to which the Board • Send an e-mail to rule- prepared by the Board and are presented may rely on the non-U.S. inspection. To [email protected]. Please include the here in the form submitted by the Board. the extent consistent with the Board’s File Number 1–12031 or; The Commission is publishing this responsibilities under the Act, the Board notice to solicit comments on the will conduct its inspection under Rule Paper Comments proposed rules from interested persons. 4000 in a manner that relies to that • Send paper comments in triplicate degree on the non-U.S. inspection. In I. Board’s Statement of the Terms of making that determination, the Board to Jonathan G. Katz, Secretary, Substance of the Proposed Rules Securities and Exchange Commission, will evaluate— (1) information concerning the level 450 Fifth Street, NW., Washington, DC On June 9, 2004, the Board adopted of the non-U.S. system’s independence 20549–0609. PCAOB Rules 4011 and 4012, PCAOB Rule 5113 and PCAOB Rules 6001 and and rigor, including the adequacy and All submissions should refer to File 6002, and two definitions that would integrity of the system, the Number 1–12031. This file number appear in PCAOB Rule 1001, to codify independence of the system’s operation should be included on the subject line the Board’s framework relating to the from the auditing profession, the nature if e-mail is used. To help us process and oversight of non-U.S. public accounting of the system’s source of funding, the review your comments more efficiently, firms. The text of the proposed rules transparency of the system, and the please use only one method. The and definitions is as follows: system’s historical performance; and Commission will post all comments on (2) discussions with the appropriate the Commission’s Internet Web site Section 1. General Provisions entity or entities within the system (http://www.sec.gov/rules/delist.shtml). Rule 1001.Definitions of Terms concerning an inspection work program. Comments are also available for public Employed in Rules (b) The Board’s evaluation made inspection and copying in the pursuant to paragraph (a) may include, Commission’s Public Reference Room, When used in the Rules, unless the but not be limited to, consideration of— 450 Fifth Street, NW., Washington, DC context otherwise requires: (1) the adequacy and integrity of the 20549. All comments received will be * * * * * system, including— posted without change; we do not edit (i) whether the system has the (f)(ii) Foreign Registered Public personal identifying information from authority to inspect audit and review Accounting Firm submissions. You should submit only engagements, evaluate the sufficiency of information that you wish to make The term ‘‘foreign registered public the quality control system, and perform available publicly. accounting firm’’ means a foreign public such other testing as deemed necessary The Commission, based on the accounting firm that is a registered of foreign public accounting firms; and information submitted to it, will issue public accounting firm. whether the system can exercise such an order granting the application after * * * * * authority without the approval of, or the date mentioned above, unless the consultation with, any person affiliated Commission determines to order a (n)(iii) Non-U.S. Inspection or otherwise connected with a public hearing on the matter. The term ‘‘non-U.S. inspection’’ accounting firm or an association of means an inspection of a foreign such persons or firms; 3 15 U.S.C. 781(b). (ii) whether the system has the 4 15 U.S.C. 781(g). 5 17 CFR 200.30–3(a)(1). authority to conduct investigations and

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44556 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

disciplinary proceedings of foreign as the entity’s chief executive or under the laws of the United States public accounting firms, any persons of equivalent thereof, are not practicing conducted pursuant to the laws and/or such firms, or both, that may have public accountants; and regulations of a non-U.S. jurisdiction. violated the laws and standards relating (v) whether each entity within the The Board may consider the to the issuance of audit reports, and system has the authority to conduct its independence and rigor of the non-U.S. whether the system can exercise such day-to-day operations without the system in determining the extent of the authority without the approval of, or approval of any person affiliated or Board’s assistance. consultation with, any person affiliated otherwise connected with a public II. Board’s Statement of the Purpose of, or otherwise connected with a public accounting firm or an association of and Statutory Basis for, the Proposed accounting firm or an association of such persons or firms; such persons or firms; (3) the source of funding for the Rules (iii) whether the system has the system, including whether the system In its filing with the Commission, the authority to impose appropriate has an appropriate source of funding Board included statements concerning sanctions for violations of the non-U.S. that is not subject to change, approval the purpose of and basis for the jurisdiction’s laws and standards or influence by any person affiliated or proposed rules and discussed any relating to the issuance of audit reports, otherwise connected with a public comments it received on the proposed and whether the system can exercise accounting firm or an association of rules. The text of these statements may such authority without the approval of, such persons or firms; be examined at the places specified in or consultation with, any person (4) the transparency of the system, Item IV below. The Board has prepared affiliated or otherwise connected with a including whether the system’s summaries, set forth in sections A, B, public accounting firm or an association rulemaking procedures and periodic and C below, of the most significant of such persons or firms; and reporting to the public are openly aspects of such statements. (iv) whether the persons within the visible and accessible; and A. Board’s Statement of the Purpose of, system have adequate qualifications and (5) the system’s historical and Statutory Basis for, the Proposed expertise; performance, including whether there is Rules (2) the independence of the system a record of disciplinary proceedings and from the auditing profession, appropriate sanctions, but only for those (a) Purpose including— systems that have existed for a (i) whether the system has the Section 106(a) of the Act provides that reasonable period of time. non-U.S. public accounting firms are authority to establish and enforce ethics * * * * * rules and standards of conduct for the subject to the Act and the rules of the individual or group of individuals who Section 5. Investigations and Board and the Commission issued under govern the system and its staff and has Adjudications the Act in the same manner and to the same extent as a U.S. public accounting prohibited conflicts of interest, and * * * * * whether the system can exercise such firm. The Board developed a framework authority without the approval of, or Rule 5113. Reliance on the under which the Board could consultation with, any person affiliated Investigations of Non-U.S. Authorities implement the Act’s provisions by relying, to an appropriate degree, on a or otherwise connected with a public Upon the recommendation of the non-U.S. oversight system. The accounting firm or an association of Director of Enforcement and proposed rules codify the Board’s such persons or firms; Investigations or upon the Board’s own framework relating to the oversight of (ii) whether the person or persons motion, the Board may, in appropriate governing the system— non-U.S. public accounting firms. circumstances, rely upon the The rules adopted address the Board’s (A) have been appointed, or otherwise investigation or a sanction, if any, of a selected, by the government of the non- oversight of non-U.S. accounting firms foreign registered public accounting that register with the Board and the U.S. jurisdiction, without the approval firm by a non-U.S. authority. of, or consultation with, any person Board’s willingness to assist non-U.S. * * * * * affiliated or otherwise connected with a authorities in their oversight of U.S. public accounting firm or an association Section 6. International firms. of such persons or firms; and The Board’s rules on inspections (B) may be removed only by the Rule 6001. Assisting Non-U.S. (PCAOB Rules 4011 and 4012) provide government of the non-U.S. jurisdiction Authorities in Inspections a foreign registered public accounting and may not be removed by any person The Board may, as it deems firm an opportunity to minimize the affiliated or otherwise connected with a appropriate, provide assistance in an unnecessarily duplicative public accounting firm or an association inspection of a registered public administrative burdens of dual oversight of such persons or firms; accounting firm organized and operating by requesting that the Board rely—to an (iii) whether a majority of the under the laws of the United States extent deemed appropriate by the individuals with whom the system’s conducted pursuant to the laws and/or Board—on inspections of the registered decision-making authority resides do regulations of a non-U.S. jurisdiction. firm under the home country’s oversight not hold licenses or certifications The Board may consider the system. Under the Board’s rules, a firm authorizing them to engage in the independence and rigor of the non-U.S. would first provide the Board with a business of auditing or accounting and system in determining the extent of the one-time statement asking the Board to did not hold such licenses or certificates Board’s assistance. rely on a non-U.S. inspection. At an for at least the last five years appropriate time before each inspection immediately before assuming their Rule 6002. Assisting Non-U.S. of a non-U.S. firm that has submitted position within the system; Authorities in Investigations such a statement, the Board would (iv) whether a majority of the The Board may, as it deems determine the appropriate degree of individuals with whom the system’s appropriate, provide assistance in an reliance based on information about the decision-making authority resides, investigation of a registered public non-U.S. system obtained primarily including the individual who functions accounting firm organized and operating from the non-U.S. regulator regarding

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44557

the independence and rigor of the non- response to the PCAOB’s request for Secretary and may be submitted via post U.S. system. The Board would also base comment are available on the PCAOB’s or electronic mail its decision on its discussions with the Web site at pcaobus.org. The Board ([email protected]). If the appropriate entity or entities within the received 22 written comments. The statement is submitted via electronic oversight system concerning the specific Board has clarified and modified certain mail, the words ‘‘Rule 4011 Statement’’ inspection work program for the non- aspects of the proposed rules in must be included in the subject line. U.S. firm’s inspection at hand. The more response to comments it received, as The Board believes that a foreign independent and rigorous a home- discussed below. registered public accounting firm’s one- country system, the higher the Board’s time statement, which is not associated Rule 4011—Statement by Foreign with any specific Board inspection, reliance on that system. A higher level Registered Public Accounting Firm of reliance translates into less direct should resolve the concern expressed by involvement by the Board in the PCAOB Rule 4011 states that a foreign some commenters that proposed PCAOB inspection of the non-U.S. registered registered public accounting firm that Rule 4011 would have left unclear when public accounting firm. seeks to have the Board rely on a non- a foreign registered public accounting The Board’s rule on investigations U.S. inspection when the Board firm should submit the earlier proposed (PCAOB Rule 5113) provides that the conducts an inspection of such firm petition. Commenters indicated that Board may, in appropriate pursuant to PCAOB Rule 4000 shall some non-U.S. jurisdictions are in the circumstances, rely upon the submit a written statement signed by an process of developing new auditor investigation or sanction, if any, of a authorized partner or officer of the firm oversight regimes or otherwise foreign registered public accounting to the Board certifying that the firm modifying their existing regimes. Those firm by a non-U.S. authority. The seeks such reliance for Board commenters were uncertain whether Board’s reliance would depend, in part, inspections. their petitions would need to be on the independence and rigor of the The Board’s proposed rule would submitted immediately and then non-U.S. authority. Reliance also may have required that foreign registered updated as changes occurred, or if they depend on the non-U.S. authority’s public accounting firms submit to the should wait until the changes to their willingness to update the Board Board a written petition, in English, local oversight regimes were finalized. regarding the investigation on a regular describing the non-U.S. system’s laws, Because the one-time statement is not basis and its willingness and authority rules and/or other information to assist associated with a specific Board to share the relevant evidence gathered the Board in evaluating such system’s assessment for a specific Board with the Board. independence and rigor. Many inspection under new PCAOB Rule The Board has also adopted two rules commenters argued that this 4012 and no longer includes any reflecting its willingness to assist non- requirement was neither practical nor description requirements of the non- U.S. authorities in their oversight of effective, that different public U.S. system, a foreign registered public firms located in the U.S. and registered accounting firms within the same accounting firm may submit the with the Board. PCAOB Rule 6001 jurisdiction may translate and describe statement without waiting for the relates to inspections and provides that the system differently, and that non-U.S. finalization of any potential changes to the Board may, as it deems appropriate, regulators, rather than public its oversight regime. Of course, if the assist a non-U.S. authority in its accounting firms, are in a better position foreign registered public accounting inspection of a registered U.S. firm. to describe the non-U.S. system, as they firm is selected for inspection before the PCAOB Rule 6002 relates to may possess information unknown by a finalization of changes to its non-U.S. investigations and provides that the foreign registered public accounting system, the Board would make a Board may, as it deems appropriate and firm. reliance determination under PCAOB In response to these comments, the to the extent permitted by law, assist a Rule 4012 based on the system in place Board has decided not to impose the non-U.S. authority in the investigation at the time of the determination. As petition requirement. The Board’s rule of a registered U.S. accounting firm. explained more fully below, finalization does not require a foreign registered of changes in a non-U.S. system that (b) Statutory Basis public accounting firm to describe its affects a system’s independence or rigor The statutory basis for the proposed oversight system, including its legal would necessitate a review of the rule is Title I of the Act. underpinnings. As explained more fully Board’s previous determination. below, under PCAOB Rule 4012, the In addition, in response to comments, B. Board’s Statement on Burden on Board will, at an appropriate time, the Board has eliminated the proposed Competition obtain information about the non-U.S. Exhibit 99.3 to Form 1, which would The Board does not believe that the system directly from the appropriate have allowed an applicant an option to proposed rules will result in any burden non-U.S. regulator. provide the name and physical address on competition that is not necessary or Instead of requiring a petition, the of the applicant’s foreign registrar or any appropriate in furtherance of the Board has adopted a rule permitting a other authority responsible for purposes of the Act. The proposed rules foreign registered public accounting regulation of the applicant’s practice of codify the Board’s framework relating to firm to submit a one-time statement accounting. The Board believes it is the oversight of non-U.S. public certifying that it seeks to have the Board more efficient for the Board to identify accounting firms. rely on a non-U.S. inspection when the the appropriate non-U.S. regulator itself, Board conducts an inspection pursuant rather than have a non-U.S. public C. Board’s Statement on Comments on to PCAOB Rule 4000. This statement accounting firm submit an additional the Proposed Rules Received From may be submitted at any time after the exhibit to the Board through the Members, Participants and Others foreign public accounting firm’s registration system. The Board released the proposed rules registration application has been It should be noted that PCAOB Rule for public comment in PCAOB Release approved by the Board. The statement, 4011 (and PCAOB Rule 4012) are not No. 2003–024 (December 10, 2003). A which must be signed by an authorized limitations on the Board. Thus, even if copy of PCAOB Release No. 2003–024 partner or officer of the firm, should be a non-U.S. registered public accounting and the comment letters received in addressed to the attention of the firm does not choose to submit a

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44558 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

statement pursuant to Rule 4011, the sanctions. Similarly, one commenter of the principles that underlie the Board may take steps it determines are suggested that the Board should not creation of the PCAOB. As explained in necessary to facilitate the inspection of issue its own inspection report for a the proposing release, however, the such firm through the cooperative foreign registered public accounting listed criteria are not exhaustive, and framework. firm, but instead should rely on the the presence or absence of any one of report of the non-U.S. regulator. the criteria would not necessarily be Rule 4012—Inspections of Foreign The Board does not believe that a dispositive. The Board intends to assess Registered Public Accounting Firms ‘‘mutual recognition’’ approach would the structure and operation of a non- The Board has reorganized much of be in the interests of U.S. investors or U.S. system as a whole, and not base its the substance, with some modification, the public. While the Board is hopeful decision on whether that system meets of proposed PCAOB Rule 4011 into that it will be able to place a high degree a certain number of the criteria. PCAOB Rule 4012. PCAOB Rule 4012 of reliance on certain non-U.S. systems provides that the Board shall determine of oversight, the Board believes that it Comments on Board’s Assessment— the degree, if any, it may rely on a non- must preserve the ability to participate Application of Principles and Criteria U.S. inspection of a foreign registered fully and directly in the inspection, In response to comments, the public accounting firm that has investigation and sanction of foreign illustrative criteria the Board may submitted a statement pursuant to registered public accounting firms if consider in evaluating a non-U.S. PCAOB Rule 4011. The Board will make warranted by the particular facts and system has been moved from the body such determination at an appropriate circumstances. Under the Act, the of the release into the text of PCAOB time before each inspection of such Board’s mission is to oversee the Rule 4012. firm. In making that determination, the auditors of issuers in order to protect With regard to the application of the Board will evaluate (1) information the interests of investors and further the principles and criteria, some concerning the level of the non-U.S. public interest in the preparation of commenters urged the Board to evaluate system’s independence and rigor, informative, fair, and independent audit a non-U.S. system’s independence and including the adequacy and integrity of reports. More specifically, the Board is rigor on a country-by-country basis the system, the independence of the required by the Act to conduct rather than firm-by-firm. Those system’s operation from the auditing inspections in order to assess the commenters expressed concern that the profession, the nature of the system’s registered public accounting firm’s Board may draw different conclusions source of funding, the transparency of compliance with U.S. laws, regulations with respect to foreign registered public the system, and the system’s historical and professional standards. Because accounting firms that are subject to the performance and (2) discussions with non-U.S. regulatory authorities do not same non-U.S. system. the appropriate entity or entities within have this same mission, deferring to The Board intends to evaluate a non- the system concerning an inspection those authorities regardless of the U.S. system’s independence and rigor work program for the particular firm. circumstances would not be in the on a country-by-country basis so that The Board will consider certain interests of U.S. investors or the public. the conclusion regarding its illustrative criterion, now listed in the Several commenters criticized the independence and rigor will be the rule, in applying the broad principles principles and related criteria that the same for all non-U.S. registered public articulated in PCAOB Rule 4012. Board would consider in evaluating the accounting firms within that system. Of PCAOB Rule 4012 also provides that the independence and rigor of a non-U.S. course, each time a firm is selected for Board shall conduct its inspection system as disproportionately based on inspection, the Board would reconfirm under PCAOB Rule 4000 in a manner the principles and related criteria that that assessment in light of any changes that relies on non-U.S. inspections, to underlie the oversight system in the that may have occurred to the non-U.S. the degree determined by the Board and United States. These commenters system. In addition to the Board’s to the extent consistent with the Board’s suggested that the Board would place a consideration of the independence and responsibilities under the Act. high level of reliance only on those non- rigor of a non-U.S. system, however, the The Board received wide-ranging U.S. systems that were identical or Board must also consider the comments on the Board’s proposal for substantially similar to the Board. discussions with the non-U.S. regulator determining the appropriate degree of The Board has previously stated that regarding the inspection work program reliance, including concerns about the it believes that the ‘‘sliding scale’’ for the individual non-U.S. registered Board’s fundamental approach to approach can accommodate a variety of public accounting firm selected for oversight of foreign registered public oversight systems. The Board does not inspection. Because an inspection work accounting firms to requests for intend to require that non-U.S. systems program is specific to an individual clarification or change to the Board’s be identical or even substantially non-U.S. registered public accounting process for assessing a non-U.S. system. similar to the PCAOB in order for the firm, the Board’s ultimate determination After careful consideration of the Board to place a high level of reliance under PCAOB Rule 4012 can be made comments, the Board has made certain on them. only on a firm-by-firm basis. changes to the proposed rule and offers That said, the Act and its creation of Some commenters urged the Board to clarification in other areas, each of an independent public oversight entity describe precisely how the Board would which is explained below. for auditors (the PCAOB) reflect the weigh each of the listed criteria. Others view of the U.S. Congress that the self- urged the Board to avoid weighing Comments on the Board’s Overall regulatory system used to ensure high certain criteria too heavily, including (1) Approach quality audits for U.S. issuers was not whether members that govern the With regard to the Board’s overall adequate. Thus, in determining the oversight system were appointed by the approach, some commenters argued that degree to which the Board may rely on government, and (2) whether a majority the Board should adopt a ‘‘mutual a non-U.S. regulator to conduct of members hold licenses to practice recognition’’ model whereby the Board inspections of firms located abroad that public accounting. would accord complete deference to the audit companies whose securities trade The proposing release stated that the home-country regulator in the areas of in U.S. markets, it is appropriate for the listed criteria are not intended to be inspections, investigations and Board to evaluate that regulator in light exhaustive, and that the presence or

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44559

absence of any one of the criteria would qualifications and expertise of persons basis for the Board’s assessment as a not necessarily be dispositive. The within the non-U.S. system. natural part of the dialogue between the Board continues to believe that it should Another commenter suggested that Board and those representatives. Under not, in the abstract, specify a weight for the Board’s criteria do not address the framework for cooperation created individual criterion. Assigning a rigid financial, business or personal by the Board’s rules, a dialogue will take weight to each criterion would create a independence risks. As stated in the place between the Board and ‘‘check-the-box’’ process that could proposing release, the Board would representatives of the non-U.S. system result in the form and structure of an consider whether an entity within the regarding the structure and operation of oversight system (rather than the system has the authority to establish such system as well as the content of the substance within the system) having an and enforce ethics rules and standards inspection work programs for the non- inappropriate role in the Board’s of conduct for an individual or a group U.S. registered public accounting firms determination. Oversight systems may of individuals that govern the system within that system. differ in form, structure and complexity and associated staff. The Board believes Another commenter urged that the and therefore meet different criteria in this criterion captures the risks related Board require itself to maintain its different ways, but they nevertheless to independence. As part of its initial assessment unless a formal may achieve the principles in PCAOB assessment process, the Board could request to change the assessment is Rule 4012 in an equally effective consider certain points raised by the made by the non-U.S. registered public manner. Consequently, the Board does specific policies of a code of ethics or accounting firm or alternatively that the not believe it is appropriate to create a a code of conduct and their impact on Board provides advance notice of its rigid evaluation process that the independence of the system. intent to change its assessment determination. PCAOB Rule 4012 inadvertently penalizes an independent Comments on the Board’s Assessment— provides that the Board will conduct its and rigorous system as a result of the Process Board’s use of predetermined weights inspection under PCAOB Rule 4000 in for the listed criteria. Instead, as In addition to the substance of the accordance with its reliance explained above, the Board’s rule Board’s assessment under the proposed determination to the extent consistent permits the Board to analyze a non-U.S. rule, several commenters argued that the with the Board’s responsibilities under system as a whole. Board should make changes to the the Act. The Board intends to maintain Other commenters requested that the process surrounding the Board’s its initial assessment unless there is a Board define the term ‘‘any other reliance determination. change in circumstances subsequent to information,’’ as used in proposed First, a number of commenters urged such determination that necessitates a PCAOB Rule 4011(c)(2). The Board’s the Board to allow an appeal of its review of that determination. Generally, modification of the proposed rule no reliance determination. The Board has such circumstances would include longer includes those specific words. decided against permitting an appeal of changes in the non-U.S. system that However, the Board’s rule indicates the the Board’s determination. Under the affects the system’s independence or Board will evaluate any information that Act, the design and implementation of rigor or changes in the willingness or comes to its attention concerning the an inspection work program is within ability of a non-U.S. regulator to level of the non-U.S. system’s the discretion of the Board. It follows cooperate with the Board in the independence and rigor. In other words, that, because the Board’s decision inspection of a non-U.S. registered the Board does not intend to exclude regarding the appropriate degree of public accounting firm. It would not be any information due to its source. Of reliance, if any, is essentially a decision in the interest of U.S. investors or the course, the Board will take into account regarding the design and public for the Board to wait, the source of the information in implementation of inspection work notwithstanding a change in the system, considering the probative value of the programs for non-U.S. registered public until a non-U.S. registered public information. accounting firms, such decision is also accounting firm requested a new Several commenters argued that the properly within the Board’s discretion. assessment. If the Board determines that proposed rule permits the Board The Act does not provide for an appeal a change in its prior assessment is unlimited discretion and therefore of the Board’s design of such programs. warranted, the non-U.S. regulator will creates an unacceptable level of In addition, allowing such an appeal be informed, again, as a part of the uncertainty with respect to the would potentially permit a non-U.S. dialogue between that regulator and the application of the rule in practice. The registered public accounting firm to Board. Board has decided against modifying impede the Board’s ability to discharge Another commenter suggested that the rule in response to these comments. its obligation under the Act to assess the the Board should be required to provide While the Board retains the discretion to compliance of that firm with U.S. laws a non-U.S. registered public accounting design inspection programs under the and standards. firm a copy of any written Act, the Board believes that the stated Some commenters asserted that the correspondence between the Board and principles and criteria allow interested Board should be required to the non-U.S. regulator. The Board parties enough information to estimate communicate the basis for the Board’s disagrees. Providing the subject of the reasonably the extent of reliance on a determination to the public and inspection process (i.e., the registered home-country inspection. In addition, representatives of the non-U.S. system. firm) access to such correspondence the Board expects the level of In response to these comments, the could permit the firm subject to uncertainty in a specific jurisdiction to Board intends to provide a general inspection an opportunity to be aware of subside as the Board begins to description of its activities with the certain details regarding the implement the rule. representatives of non-U.S. systems inspection work program to be used A few commenters expressed concern either as part of its annual report to the during the inspection of such firm, as that the criteria did not include public or in a separate public report to well as inhibit frank and open consideration of whether those that make the Board’s processes under its discussions between the Board and the govern have appropriate qualifications framework more transparent. As a non-U.S. regulator. and expertise. The Board agrees and has practical matter, representatives of the One commenter urged the Board to included criteria related to the non-U.S. system will be informed of the require that its reliance determination

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44560 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

be made within a specified time frame. First, to clarify, PCAOB Rule 2105 the applicant from supplying the First, PCAOB Rule 4012 already provides the requirements for applicants information and would not preclude the contains a deadline in that it requires that wish to withhold information from Board from contesting that assertion in that the Board complete discussions and their applications for registration with other contexts. make a determination at an appropriate the Board. The rule does not apply to In other words, PCAOB Rule 2105 time before the inspection of a potential conflicts of law that may arise does not offer an absolute safe-harbor registered non-U.S. firm begins. Second, subsequent to registration and does not for public accounting firms that assert a otherwise permitting flexibility in the affect the deemed consent under Section conflict of laws. PCAOB Rule 2105 amount of time allowed is necessary for 106 of the Act. provides an opportunity for the public the Board to engage in a constructive Second, the Board recognizes that its accounting firm to be heard on an regulator-to-regulator dialogue about the rules relating to the oversight of non- asserted conflict of law in the context of structure and operation of the non-U.S. U.S. registered public accounting firms registration. Although not set out in a system and the requirements of a do not conclusively resolve potential separate rule, a similar opportunity to specific firm’s inspection. Thus, the conflicts of law. Preserving the Board’s be heard regarding asserted conflicts of Board has declined to modify the rule ability to access audit work papers and law that may arise in the context of to require the Board to make its other documents or information inspections and investigations is already determination within a shorter or more maintained by registered public provided under the Act and the Board’s specific time frame. accounting firms, including non-U.S. rules regarding disciplinary hearings. Some commenters stressed that the registered public accounting firms, is For those asserted conflicts of law that Board should not weigh unfavorably a critical to the Board carrying out its arise during an inspection or non-U.S. regulator’s ‘‘willingness’’ to obligations under the Act. investigation and cannot be resolved by working with the appropriate non-U.S. provide access to information when Consequently, the Board does not regulator, by the use of voluntary they are prevented from doing so by an believe that it is in the interests of U.S. waivers or consents, or by other means,1 asserted conflict of law. As discussed in investors or the public for the Board to the Board’s rules provide the registered more detail below, the cooperative adopt a rule of general application that public accounting firm with an framework implemented through these would limit its ability to access such opportunity to present its position to the rules may not resolve all potential legal documents or information regardless of Board regarding the asserted legal conflicts. Thus, if a non-U.S. regulator is the circumstances or need for those documents or information. conflict before any action is taken by the unable to share information, then that Instead, as explained in the Briefing Board. If the Board cannot fully conduct factor must be taken into account in the Paper, the Board envisages that an inspection or investigation in a Board’s decision on whether it is in the potential conflicts of law that may arise timely manner due to an asserted interest of U.S. investors and the public in connection with an inspection or an conflict of law, the Board may consider to rely on that regulator. Whether the investigation can be addressed through whether the non-U.S. registered public regulator’s inability to share information the cooperative approach. The Board accounting firm should be sanctioned is weighed ‘‘heavily’’ will depend on continues to believe that most conflicts by the Board for non-cooperation. Under the facts and circumstances at hand. of law can be resolved through an the Act and the Board’s rules regarding Under the Act, the Board must assess approach in which the Board works in disciplinary proceedings and hearing each registered public accounting firm’s the first instance with the non-U.S. procedures, before any sanction may be compliance with U.S. laws and regulator or through the use of special imposed, a registered public accounting standards. A regulator’s inability to procedures such as voluntary consents firm will have an opportunity to be share information could prevent the and waivers. As previously explained, heard before an independent hearing Board from making such assessment, the Board believes that it is appropriate officer regarding the asserted conflict of which in turn, would prevent the Board that a cooperative approach respect the law and whether revocation of its from discharging its responsibilities laws of other jurisdictions, to the extent registration is an appropriate sanction. under the Act. possible. At the same time, every The registered public accounting firm’s Other commenters noted specifically jurisdiction must be able to protect the rights under the Act and the Board’s that potential conflicts of law remain participants in, and the integrity of, its rules include appeal of the hearing unresolved under the Board’s proposed capital markets as it deems necessary officer’s decision to the Board, appeal of rules and urged the Board to adopt a and appropriate. The Board believes the Board’s decision to the Commission rule similar to PCAOB Rule 2105 for that working with non-U.S. regulators in and appeal of the Commission’s inspections and investigations of foreign the first instance to overcome asserted decision to the court of appeals. registered public accounting firms. conflicts of law reflects the appropriate To be clear, the Board is not Another commenter requested balance between the interests of suggesting that it would in all cases clarification regarding whether a different systems and their laws. commence a non-cooperation submission made pursuant to PCAOB The comments urging the Board to proceeding when a firm asserts a Rule 2105 in connection with a adopt a rule similar to PCAOB Rule conflict of law that cannot be resolved. registration application applies to 2105 for inspections and investigations As previously explained, the Board potential conflicts of law that may arise seem to reflect the view that PCAOB expects that most conflicts of laws can subsequent to registration and whether Rule 2105 offers an opportunity for be resolved by working with the a non-U.S. registered public accounting resolution to conflicts of law that are appropriate non-U.S. regulator, through firm’s inability to cooperate due to those asserted during the registration process. the use of voluntary waivers or subsequent conflicts could subject such Such interpretation is not correct. If the consents, or other means. The point is firm to disciplinary action. The Board decides to treat a registration that a rule like PCAOB Rule 2105 is not commenter also requested clarification application in which information is regarding whether a submission made withheld pursuant to PCAOB Rule 2105 1 The Board hopes to resolve potential conflicts pursuant to PCAOB Rule 2105 is also as complete, such action by the Board of law as part of its discussions with a non-U.S. regulator under PCAOB Rule 4012 before the valid for the so-called ‘‘deemed would not constitute a concession that inspection of a non-U.S. registered public consent’’ under Section 106 of the Act. the non-U.S. law does in fact prohibit accounting firm.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44561

needed in the context of inspections and regulator in matters of investigation and on a non-U.S. authority under PCAOB investigations because a similar sanction. Rule 5113. opportunity to be heard is already The Board has declined to change the While the request for more detail is provided. rule in response to these comments. As understandable, the Board has declined Finally, some commenters sought explained earlier, the Board’s mission is to define the phrase ‘‘in appropriate clarification about the participation of to oversee the auditors of issuers in circumstances’’ as the facts and ‘‘experts’’ who are designated by the order to protect the interests of investors circumstances of any investigation are Board in inspections where the Board and further the public interest in the not predictable. The Board believes it is has determined that a high level of preparation of informative, fair, and necessary to preserve a high level of reliance is appropriate. The Board independent audit reports. Because non- flexibility to decide whether reliance on expects that the participation of at least U.S. regulatory authorities do not have a non-U.S. authority in an investigation one Board-designated expert in U.S. the same mission, restricting the Board’s context is in the interest of U.S. Generally Accepted Accounting authority to conduct investigations or investors and the public and would Principles, PCAOB standards and other impose sanctions on non-U.S. registered otherwise permit the Board to satisfy its U.S. professional standards and law will public accounting firms by deferring to responsibilities under the Act. be necessary on all inspections of non- non-U.S. authorities—in every case— In addition, the Board does not U.S. registered public accounting firms. would not be consistent with the believe that its approach to After the Board has conducted initial Board’s obligations under Section 105 of investigations is ‘‘inconsistent’’ with its inspections through the cooperative the Act. approach to inspections of non-U.S. framework with the cooperation of the In any event, the Board does not registered public accounting firms. non-U.S. regulator, however, the Board believe that PCAOB Rule 5113 poses a Investigations and inspections are may designate an outside expert who is risk of ‘‘double jeopardy’’ for a different in nature and are governed not a PCAOB employee to participate in registered firm. The Board has the under different sections of the Act and, the inspection. authority to investigate and discipline therefore, warrant different approaches. registered public accounting firms only Investigations, which are addressed by Rule 5113—Reliance on the for potential violations of U.S. laws, Section 105 of the Act, are premised on Investigations of Non-U.S. Authorities regulations and professional standards. a possible violation of U.S. law, PCAOB Rule 5113 provides that the To the extent that a foreign registered regulation or professional standard. Board may, in appropriate public accounting firm’s conduct Inspections, on the other hand, are circumstances, rely upon the violates laws in two separate governed by Section 104 of the Act and investigation or sanction, if any, of a jurisdictions, the foreign registered do not involve perceived violations of non-U.S. registered public accounting public accounting firm has chosen to law. Rather, inspections, the timing of firm by a non-U.S. authority. The subject itself to the laws of those which is mandated by the Act, are Board’s reliance would depend, in part, jurisdictions by choosing to operate in designed to review periodically and, on the independence and rigor of the multiple jurisdictions. where necessary, encourage non-U.S. authority. Reliance also may That said, as the Board explained in improvements in, a registered public depend on the non-U.S. authority’s the Briefing Paper, when a non-U.S. accounting firm’s compliance with the willingness to update the Board disciplinary regime provides for relevant U.S. laws, regulations and regarding the investigation on a regular appropriate sanctions of non-U.S. professional standards. basis and its willingness and authority registered public accounting firms and Finally, some commenters asked that to share the relevant evidence gathered individuals and that regime adequately the Board ensure that non-U.S. with the Board.2 serves the public interest and protects registered public accounting firms are Circumstances may require, however, investors, the Board intends to rely, as afforded certain rights whenever the that the Board conduct an investigation appropriate, on the work of the other Board relies on a non-U.S. authority in relating to the audit work of a non-U.S. disciplinary system. Certain the context of investigations or registered public accounting firm, or an circumstances, however, may require sanctions. This comment reflects a associated person of such a firm, in the PCAOB to conduct the investigation misunderstanding about the nature of connection with the financial of a non-U.S. registered public the Board’s ‘‘reliance’’ on non-U.S. statements of an issuer. PCAOB Rule accounting firm relating to its audit of authorities in the context of 5113 does not limit the Board’s an issuer or to impose sanctions beyond investigations and sanctions. With authority under PCAOB Rule 5200 to those imposed by the non-U.S. system. regard to investigations, the Board commence disciplinary proceedings In doing so, the Board may consider the expects that its participation in an whenever it appears to the Board that sanctions of the non-U.S. system when investigation when it ‘‘relies’’ on a non- U.S. authority could take one of two such action is warranted. determining the appropriate sanction in Some commenters noted that, because the United States. forms: the Board will either (1) decline Several commenters requested that PCAOB Rule 5113 does not definitively to initiate an investigation of its own the Board clarify the meaning of the limit the Board’s authority to initiate an and simply rely on the fact that a non- phrase ‘‘in appropriate circumstances’’ investigation or impose sanctions, it U.S. regulator is conducting the in PCAOB Rule 5113 or otherwise poses the risk that a non-U.S. registered investigation pursuant to its own provide more detail regarding the authority; or (2) initiate an investigation public accounting firm may be subject circumstances under which the Board to gather information itself but also to an investigation and sanction by both would choose to rely on a non-U.S. accept information gathered by a non- the Board and a non-U.S. authority. One authority in the context of an U.S. regulator pursuant to its own commenter suggested that, because of investigation. Similarly, one commenter authority. In both cases, the non-U.S. this risk, the Board should limit its suggested that the Board’s approach to regulator is acting pursuant to its own authority and defer to the non-U.S. inspections and investigations of non- authority, not the authority of the 2 Of course, PCAOB Rule 5113 does not apply to U.S. registered firms should be PCAOB or the Act. Therefore, the Board investigations or sanctions carried out by the identical, and therefore that the Board cannot ensure that non-U.S. registered Securities and Exchange Commission. should define the conditions for relying public accounting firms being

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44562 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

investigated by a home-country firms that audit or play a substantial the U.S. public accounting firm is regulator acting under the authority of role in the audit of public companies in subject to regulation by a non-U.S. non-U.S. law are afforded certain rights. non-U.S. jurisdictions.3 Because the independent public oversight system. The Board can ensure only that interests and needs of non-U.S. However, the Board does not believe it registered public accounting firms, regulators will differ across would be appropriate to assist non-U.S. including non-U.S. registered public jurisdictions, the Board intends to work professional associations in their accounting firms, are afforded certain out the details of its assistance on the reviews of U.S. public accounting firms. rights with respect to the investigation basis of discussions with individual Because the Board does not believe being conducted by the Board acting regulators. that local regulators of public pursuant to the authority of the Act and Some commenters questioned accounting firms should impede the the Board’s rules. whether the Act confers authority upon efforts of foreign regulators who are In the context of sanctions, the the Board to assist in such inspections. taking the necessary steps, as Board’s ‘‘reliance’’ (if any) on a sanction Section 101(c)(5) of the Act grants the determined by those regulators, to meet imposed by a non-U.S. authority could Board the authority necessary to assist their objectives and responsibilities, the also take one of two forms: the Board non-U.S. regulators. Section 101(c)(5) Board would not take any steps to will either (1) decline to initiate a provides that ‘‘[t]he Board shall * * * hinder a non-U.S. regulator’s oversight disciplinary hearing and impose no (5) perform such other duties or of a U.S. accounting firm that operates sanction of its own, and simply rely on functions as the Board (or the in that regulator’s jurisdiction, the fact that a non-U.S. authority is Commission, by rule or order) including obtaining information directly sanctioning pursuant to its own determines are necessary or appropriate from that firm. authority; or (2) initiate a disciplinary to promote high professional standards Rule 6002—Assisting Non-U.S. hearing by relying (at least in part) on among, and improve the quality of audit Authorities in Investigations an investigative record compiled by a services offered by, registered public non-U.S. regulator that led to a sanction accounting firms and associated persons PCAOB Rule 6002 provides that the being imposed by that regulator. thereof, or otherwise to carry out this Board may, as it deems appropriate, In the first scenario, the Board would Act, in order to protect investors, or to provide assistance in an investigation of be ‘‘relying’’ on a sanction imposed by further the public interest.’’ a registered public accounting firm a non-U.S. regulator by not imposing a To satisfy the confidentiality conducted pursuant to the laws and/or sanction itself. Because no sanction is requirements under Section 105 of the regulations of a non-U.S. jurisdiction. being imposed by the Board, there is no Act, the Board intends to establish the The rule also provides that the Board need for a Section 105(c) disciplinary necessary and appropriate safeguards so may consider the independence and proceeding. that information gathered through its rigor of the non-U.S. system in In the second scenario, the Board assistance of non-U.S. regulators is determining the extent of the Board’s would be using an investigatory record maintained separately from the assistance. compiled, at least in part, by a non-U.S. information gathered during a regular or With respect to investigations, the regulator. In that case, however, the special inspection under Section 104. Board would assist, to the extent Board has initiated a disciplinary Some commenters requested that the permitted by law in investigations by proceeding pursuant to Section 105(c) Board require, as a condition of its non-U.S. authorities of U.S. public and the Board’s rules. As a result, before assistance, that the non-U.S. regulator accounting firms that audit or play a the Board imposes any sanction, the provide a level of confidentiality for substantial role in the audit of public foreign registered public accounting information gathered during inspections companies in non-U.S. jurisdictions. firm will be afforded the same rights comparable to that provided by the Act. III. Date of Effectiveness of the under the Act and the Board’s rules as Because an inspection by a non-U.S. if the Board had compiled the record Proposed Rules and Timing for regulator may be conducted pursuant to Commission Action itself. the authority of non-U.S. law, the Board Within 35 days of the date of Rule 6001—Assisting Non-U.S. cannot require or ensure that the non- publication of this notice in the Federal Authorities in Inspections U.S. regulator will provide a level of confidentiality comparable to that Register or within such longer period (i) PCAOB Rule 6001 provides that the provided by the Act. The level of as the Commission may designate up to Board may, as it deems appropriate, confidentiality provided by the non-U.S. 90 days of such date if it finds such provide assistance in an inspection of a regulator will be determined by the longer period to be appropriate and registered public accounting firm level allowed under the applicable law publishes its reasons for so finding, or conducted pursuant to the laws and/or of the non-U.S. jurisdiction. (ii) as to which the Board consents, the regulations of a non-U.S. jurisdiction. Also consistent with the Board’s Commission will: The rule also provides that the Board previous statements regarding (A) By order approve such proposed may consider the independence and cooperation, PCAOB Rule 6001 reflects rules; or rigor of the non-U.S. system in the Board’s intention to provide a level (B) Institute proceedings to determine determining the extent of the Board’s of assistance that is consistent with the whether the proposed rules should be assistance. Board’s determination regarding the disapproved. In response to comments suggesting non-U.S. oversight system’s IV. Solicitation of Comments that the Board adopt a rule reflecting its independence and rigor. In other words, Interested persons are invited to willingness to assist non-U.S. the Board intends to be available to submit written data, views, and authorities in their inspection of U.S. assist in the inspection of U.S. public arguments concerning the foregoing, firms that audit companies whose accounting firms where, by virtue of including whether the proposed rule is securities trade outside the United their participation in non-U.S. markets, States, the Board has decided to adopt consistent with the requirements of PCAOB Rule 6001. This rule reflects the 3 See PCAOB Release No. 2003–020, Oversight of Title I of the Act. Comments may be Board’s previous statements that it is Non-U.S. Public Accounting Firms (October 28, submitted by any of the following willing to assist in the inspection of U.S. 2003). methods:

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44563

Electronic Comments damages caused by severe storms and DEPARTMENT OF STATE flooding occurring on July 12, 2004, and • Use the Commission’s Internet [Public Notice 4769] comment form (http://www.sec.gov/ continuing. Applications for loans for rules/pcaob.shtml); or physical damage as a result of this Bureau of Political-Military Affairs; • Send an e-mail to rule- disaster may be filed until the close of Rescission of Debarment and [email protected]. Please include File business on September 14, 2004 and for Reinstatement of Eligibility To Apply Number PCAOB–2004–04 on the subject economic injury until the close of for Export/Retransfer Authorizations line. business on April 18, 2005 at the Pursuant to Section 38(g)(4) of the Paper Comments address listed below or other locally Arms Export Control Act for Fuchs announced locations: U.S. Small Electronics (Pty) Ltd • Send paper comments in triplicate Business Administration, Disaster Area AGENCY: Department of State. to Jonathan G. Katz, Secretary, 1 Office, 360 Rainbow Blvd., South 3rd ACTION: Notice. Securities and Exchange Commission, Fl., Niagara Falls, NY 14303–1192. 450 Fifth Street, NW, Washington, DC 20549–0609. In addition, applications for economic SUMMARY: Notice is hereby given that All submissions should refer to File injury loans from small businesses the Department of State has fully Number PCAOB–2004–04. This file located in the following contiguous rescinded the statutory debarment number should be included on the counties may be filed until the specified against Fuchs Electronics (Pty) Ltd. subject line if e-mail is used. To help the date at the above location: Atlantic, (Fuchs), the Fuchs Electronics Division Commission process and review your Gloucester, Mercer, Monmouth and of Reunert Limited, and any divisions, comments more efficiently, please use Ocean in the State of New Jersey; and subsidiaries, associated companies, only one method. The Commission will Bucks and Philadelphia counties in the affiliated persons, and successor entities post all comments on the Commission’s Commonwealth of Pennsylvania. pursuant section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. Internet Web site (http://www.sec.gov/ Burlington County in the State of New rules/pcaob.shtml). Copies of the 2778) and section 127.11 of the Jersey is also available under Public International Traffic in Arms submission, all subsequent Assistance and our disaster loan amendments, all written statements Regulations (ITAR) (22 CFR parts 120– program is available for private non- with respect to the proposed rule that 130). profit organizations that provide are filed with the Commission, and all DATES: Effective July 14, 2004. essential services of a governmental written communications relating to the FOR FURTHER INFORMATION CONTACT: proposed rule change between the nature. Robert W. Maggi, Managing Director, Commission and any person, other than The interest rates are: Directorate of Defense Trade Controls, those that may be withheld from the Bureau of Political-Military Affairs, public in accordance with the Percent Department of State (202) 663–2700. provisions of 5 U.S.C. 552, will be SUPPLEMENTARY INFORMATION: Section For Physical Damage: available for inspection and copying in 38(g)(4) of the AECA and section 127.7 the Commission’s Public Reference Homeowners With Credit Avail- able Elsewhere ...... 5.750 of the ITAR prohibit the issuance of Section, 450 Fifth Street, NW, Homeowners Without Credit export licenses or other approvals to a Washington, DC 20549. Copies of such Available Elsewhere ...... 2.875 person, or any party to the export, who filing also will be available for Businesses With Credit Avail- has been convicted of violating certain inspection and copying at the principal able Elsewhere ...... 5.500 U.S. criminal statutes enumerated at office of PCAOB. All comments received Businesses and Non-Profit Or- section 38(g)(1)(A) of the AECA and will be posted without change; we do ganizations Without Credit section 120.27 of the ITAR. The term not edit personal identifying Available Elsewhere ...... 2.750 ‘‘person’’ means a natural person as well information from submissions. You Others (Including Non-Profit Or- as a corporation, business association, should submit only information that ganizations) With Credit partnership, society, trust, or any other you wish to make available publicly. All Available Elsewhere ...... 4.875 entity, organization, or group, including submissions should refer to File For Economic Injury: governmental entities. The term ‘‘party Number PCAOB–2004–04 and should Businesses and Small Agricul- to the export’’ means the president, the be submitted on or before August 16, tural Cooperatives Without chief executive officer, and any other Credit Available Elsewhere ... 2.750 2004. senior officers of the license applicant; By the Commission. and any consignee or end-user of any The number assigned to this disaster Jill M. Peterson, item to be exported. for physical damage is 359806. For Assistant Secretary. The Department of State implemented economic injury the number is 9ZL200 a policy of denial against Fuchs on June [FR Doc. 04–16921 Filed 7–23–04; 8:45 am] for New Jersey; and 9ZL300 for BILLING CODE 8010–01–P 8, 1994, after an indictment returned in Pennsylvania. The Public Assistance the U.S. District Court for the Eastern number assigned for New Jersey is District of Pennsylvania charged Fuchs SMALL BUSINESS ADMINISTRATION P04206. with violating and conspiring to violate (Catalog of Federal Domestic Assistance the AECA (see 59 FR 33811, June 30, [Declaration of Disaster #3598] Program Nos. 59002 and 59008) 1994). Fuchs pleaded guilty on February 27, State of New Jersey Dated: July 19, 2004. 1997, to violating the AECA. Pursuant to As a result of the President’s major Herbert L. Mitchell, a Consent Agreement between Fuchs disaster declaration on July 16, 2004, I Associate Administrator, for Disaster and the Department of State, and an find that Burlington and Camden Assistance. Order signed by the Assistant Secretary Counties in the State of New Jersey [FR Doc. 04–16882 Filed 7–23–04; 8:45 am] for Political-Military Affairs, the constitute a disaster area due to BILLING CODE 8025–01–P Department of State statutorily debarred

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44564 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

Fuchs, including the Fuchs Electronics until 11:30 a.m., in Room 1406 of the Secretary of the Committee at (202) 647– Division of Reunert Limited effective Harry S Truman Building of the U.S. 5233, or at [email protected]. February 27, 1997 (see 62 FR 13933, Department of State. The Truman Dated: July 20, 2004. Building is located at 2201 C Street, March 24, 1997). Elizabeth W. Shelton, A Federal Register notice was NW., Washington, DC 20520. The committee provides a formal Executive Secretary, ACICIP, Department of published on March 4, 1998 (63 FR State. 10672) which temporarily suspended channel for regular consultation and [FR Doc. 04–16972 Filed 7–23–04; 8:45 am] the statutory debarment against Fuchs. coordination on major economic, social The Consent Agreement explicitly and legal issues and problems in BILLING CODE 4710–07–P provided that if the compliance international communications and programs or any other parts of the information policy, especially as these agreement were not fully adhered to, issues and problems involve users of DEPARTMENT OF TRANSPORTATION debarment could be re-imposed. The information and communications Federal Highway Administration Agreement also stated that the company services, providers of such services, technology research and development, would establish an internal compliance Environmental Impact Statement: Los foreign industrial and regulatory policy, program and would provide an amount Angeles County, CA of money equivalent to suspended civil the activities of international fines to the South African Government organizations with regard to AGENCY: Federal Highway to support the effective implementation communications and information, and Administration (FHWA), DOT. of its national export control regime. developing country issues. ACTION: Notice of intent. Section 38(g)(4) of the AECA permits Ambassador David A. Gross, Deputy rescission of debarment after Assistant Secretary and U.S. SUMMARY: The FHWA is issuing this consultation with the Secretary of the Coordinator for International notice to advise the public that an Treasury and after a thorough review of Communications and Information environmental impact statement will be the circumstances surrounding the Policy, will attend the meeting together prepared for a proposed highway project conviction and a finding that with others from the Office of in Los Angeles County, California. appropriate steps have been taken to Communications and Information FOR FURTHER INFORMATION CONTACT: mitigate any law enforcement concerns. Policy at the Department of State. Items Ce´sar Pe´rez, Team Leader—South The Department of State has on the agenda will include Amb. Gross’s Region, Federal Highway determined that Fuchs (Pty) Ltd has forthcoming visit to China, issues on the Administration, 650 Capitol Mall, Suite taken appropriate steps to address the agenda of the October meeting of the 4–100, Sacramento, California 95814 causes of the violations and mitigate any World Telecommunications Standards Telephone (916) 498–5065. Assembly, reports from the sub- law enforcement concerns. Therefore, in SUPPLEMENTARY INFORMATION: The accordance with section 38(g)(4) of the committees of ACICIP, international actions concerning spam, the recent FHWA, in cooperation with the AECA and section 127.11 of the ITAR, California Department of Transportation effective July 14, 2004, the debarment preparatory meeting for Phase II of the World Summit on the Information (Caltrans) and the Alameda Corridor against Fuchs, including the Fuchs Transportation Authority (ACTA), will Electronics Division of Reunert Limited, Society, emerging technologies, and other key multilateral and bilateral reinitiate environmental studies and is rescinded. The effect of this notice is issues on the agendas of meetings this prepare an Environmental Impact that Fuchs, and any divisions, fall. Amb. Gross would also like to Statement (EIS) on a proposal to subsidiaries, associated companies, solicit ideas from ACICIP on current improve State Route 47 (SR–47) in Los affiliated persons, and successor entities issues facing the telecommunications Angeles County, California. The may participate without prejudice in the and information sectors. proposed improvement would involve export or transfer of defense articles, Members of the public may attend the replacing the seismically deficient related technical data, and defense meeting up to the seating capacity of the Schuyler Heim Bridge with a new fixed- services subject to section 38 of the room. While the meeting is open to the span bridge and the construction/ AECA and the ITAR. public, admittance to the Department of extension of SR–47 as a new four-lane Dated: July 14, 2004. State building is only by means of a pre- elevated expressway from the new Heim Lincoln P. Bloomfield, Jr., arranged clearance list. In order to be Bridge along Alameda Street to Pacific Assistant Secretary, Bureau of Political- placed on the pre-clearance list, those Coast Highway (State Route 1). The new Military Affairs, Department of State. interested in attending must provide fixed-span bridge would change the [FR Doc. 04–16589 Filed 7–23–04; 8:45 am] name, title, affiliation, social security current vertical and horizontal BILLING CODE 4710–25–P number, date of birth and citizenship to clearances through the Cerritos Channel. Avis Alston at [email protected] no The elevated expressway would provide later than 5:00 p.m. on Monday, August a direct route from Terminal Island to DEPARTMENT OF STATE 16. All attendees must enter by the 23rd Alameda Street, resulting in the Street entrance. One of the following elimination of five at-grade railroad [Public Notice 4744] valid Identifications will be required for crossings and ultimately reduce truck Advisory Committee on International admittance: Any U.S. driver’s license traffic on Interstates 710 and 110. Communications and Information with photo, a passport, or a U.S. During 2002, Caltrans and ACTA Policy Meeting Notice government agency ID. For security began formal public scoping and reasons, all those attendees who do not initiation of environmental studies for The Department of State announces have U.S. government agency IDs must the proposed project. Notice letters were the next meeting of its Advisory be escorted by Department of State sent to Federal, State and local agencies Committee on International personnel at all times when in the on January 28, 2002. Notices were Communications and Information building. prepared in the Federal Register and Policy (ACICIP), to be held on For further information, please local newspapers, advertising public Wednesday, August 18, from 9 a.m. contact Elizabeth W. Shelton, Executive scoping and open house meetings, on

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44565

February 13, 2002, at 2:30 p.m. and 4:30 DEPARTMENT OF THE TREASURY sheltered annuities to offer their p.m. respectively. Public comments participants the option to elect to make were received until February 28, 2002. Internal Revenue Service ‘‘direct rollovers’’ of their distributions A review of subsequent environmental [EE–43–92] and to provide distributees with a studies led to FHWA to conclude that written explanation of the tax laws an EIS would be required. Budgetary Proposed Collection: Comment regarding their distributions and their constraints then led Caltrans to Request for Regulation Project option to elect such a rollover. temporarly suspend the project. Current Actions: There is no change to AGENCY: Internal Revenue Service (IRS), this existing regulation. Major project elements to be Treasury. Type of Review: Extension of a evaluated in the EIS include: ACTION: Notice and request for currently approved collection. Replacement of the vertical-lift Schuyler comments. Heim Bridge with a fixed-span bridge; Affected Public: Individuals, business construction of an elevated four-lane SUMMARY: The Department of the or other for-profit organizations, not-for- expressway to State Route 1; and, Treasury, as part of its continuing effort profit institutions, and Federal, State, potential realignment of surface roads to reduce paperwork and respondent local or tribal governments. and ramps. The EIS will consider a burden, invites the general public and Estimated Number of Respondents: variety of possible alignments for these other Federal agencies to take this 10,323,926. improvements, as well as the ‘‘no-build’’ opportunity to comment on proposed Estimated Time per Respondent: 13 and/or continuing information alternative. minutes. collections, as required by the Letters describing the re-initiation of Paperwork Reduction Act of 1995, Estimated Total Annual Burden studies and soliciting comments will be Public Law 104–13 (44 U.S.C. Hours: 2,129,669. sent to appropriate Federal, State and 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all local agencies and to private soliciting comments concerning an of the collections of information covered organizations and citizens who have existing final regulation, EE–43–92 (TD by this notice. previously expressed, or are known to 8619), Direct Rollovers and 20-Percent An agency may not conduct or have, an interest in this proposal. Withholding Upon Eligible Rollover sponsor, and a person is not required to respond to, a collection of information Additional public scoping and open Distributions From Qualified Plans unless the collection of information house meetings for the Draft EIS/EIR (§§ 1.401(a)(31)–1, 1.402(c)–2, 1.402(f)– displays a valid OMB control number. will be held at the Wilmington Senior 1, 1.403(b)–2, and 31.3405(c)–1. DATES: Written comments should be Books or records relating to a collection Center located at 1371 Eubank Ave., of information must be retained as long Wilmington, California 90745. The received on or before September 24, 2004 to be assured of consideration. as their contents may become material public meetings will be held on in the administration of any internal ADDRESSES: Direct all written comments September 9, 2004, at 2:30 p.m. and 5:30 revenue law. Generally, tax returns and p.m., respectively. In addition, a public to Glenn Kirkland, Internal Revenue Service, room 6411, 1111 Constitution tax return information are confidential, hearing will be held following as required by 26 U.S.C. 6103. completion of the Draft EIS/EIR. A Avenue NW., Washington, DC 20224. public notice will published for the time FOR FURTHER INFORMATION CONTACT: Request for Comments Requests for additional information or and place of the hearing. The Draft EIS/ Comments submitted in response to copies of the regulation should be EIR will be available for public and this notice will be summarized and/or directed to Allan Hopkins, at (202) 622– agency review and comment prior to the included in the request for OMB 6665, or at Internal Revenue Service, public hearing. approval. All comments will become a room 6407, 1111 Constitution Avenue matter of public record. Comments are To ensure that the full range of issues NW., Washington, DC 20224, or through invited on: (a) Whether the collection of related to this proposed action are the Internet, at information is necessary for the proper addressed and all significant issues [email protected]. identified, comments and suggestions performance of the functions of the SUPPLEMENTARY INFORMATION: are invited from all interested parties. agency, including whether the Title: Direct Rollovers and 20-Percent information shall have practical utility; Comments or questions concerning this Withholding Upon Eligible Rollover (b) the accuracy of the agency’s estimate proposed action and the EIS should be Distributions From Qualified Plans. of the burden of the collection of directed to the FHWA at the address OMB Number: 1545–1341. information; (c) ways to enhance the provided above. Regulation Project Number: EE–43– quality, utility, and clarity of the (Catalog of Federal Domestic Assistance 92. information to be collected; (d) ways to Program Number 20.205, Highway Planning Abstract: This regulation implements minimize the burden of the collection of and Construction. The regulations the provisions of the Unemployment information on respondents, including implementing Executive Order 12372 Compensation Amendments of 1992 through the use of automated collection regarding intergovernmental consultation on (Pub. L. 102–318), which impose techniques or other forms of information Federal program and activities apply to this mandatory 20 percent income tax technology; and (e) estimates of capital program) withholding upon the taxable portion of or start-up costs and costs of operation, certain distributions from a qualified Issued on: July 20, 2004. maintenance, and purchase of services pension plan or a tax-sheltered annuity to provide information. Ce´sar E. Pe´rez, that can be rolled over tax-free to South Region Team Leader, Federal Highway another eligible retirement plan unless Approved: July 15, 2004. Administration, California Division. such amounts are transferred directly to Glenn Kirkland, [FR Doc. 04–16918 Filed 7–23–04; 8:45 am] such other plan in a ‘‘direct rollover’’ IRS Reports Clearance Officer. BILLING CODE 4910–22–M transaction. These provisions also [FR Doc. 04–16965 Filed 7–23–04; 8:45 am] require qualified pension plans and tax- BILLING CODE 4830–01–P

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44566 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

DEPARTMENT OF THE TREASURY attributes may be used to offset post- DEPARTMENT OF THE TREASURY change income and tax liability. Internal Revenue Service Internal Revenue Service Current Actions: There is no change to [CO–88–90] this existing regulation. Proposed Collection; Comment Proposed Collection; Comment Type of Review: Extension of a Request for Form 8851 currently approved collection. Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Affected Public: Business or other for- Treasury. AGENCY: Internal Revenue Service (IRS), profit organizations. Treasury. ACTION: Notice and request for comments. ACTION: Notice and request for Estimated Number of Respondents: 3,250. comments. SUMMARY: The Department of the Estimated Time Per Respondent: 15 Treasury, as part of its continuing effort SUMMARY: The Department of the minutes. to reduce paperwork and respondent Treasury, as part of its continuing effort burden, invites the general public and to reduce paperwork and respondent Estimated Total Annual Burden other Federal agencies to take this burden, invites the general public and Hours: 813. opportunity to comment on proposed other Federal agencies to take this The following paragraph applies to all and/or continuing information opportunity to comment on proposed of the collections of information covered collections, as required by the and/or continuing information by this notice: Paperwork Reduction Act of 1995, collections, as required by the An agency may not conduct or Public Law 104–13 (44 U.S.C. Paperwork Reduction Act of 1995, sponsor, and a person is not required to 3506(c)(2)(A)). Currently, the IRS is Public Law 104–13 (44 U.S.C. respond to, a collection of information soliciting comments concerning Form 3506(c)(2)(A)). Currently, the IRS is unless the collection of information 8851, Summary of Archer MSAs. soliciting comments concerning an existing final regulation, CO–88–90 (TD displays a valid OMB control number. DATES: Written comments should be 8530), Limitation on Net Operating Loss Books or records relating to a collection received on or before September 24, Carryforwards and Certain Built-In of information must be retained as long 2004 to be assured of consideration. Losses Following Ownership Change; as their contents may become material ADDRESSES: Direct all written comments Special Rule for Value of a Loss in the administration of any internal to Glenn Kirkland, Internal Revenue Corporation Under the Jurisdiction of a revenue law. Generally, tax returns and Service, room 6411, 1111 Constitution Court in a Title 11 Case (Section 1.382– tax return information are confidential, Avenue NW., Washington, DC 20224. 9). as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: Requests for additional information or DATES: Written comments should be Request for Commnets received on or before September 24, copies of the form and instructions 2004 to be assured of consideration. Comments submitted in response to should be directed to Allan Hopkins, at ADDRESSES: Direct all written comments this notice will be summarized and/or (202) 622–6665, or at Internal Revenue to Glenn Kirkland, Internal Revenue included in the request for OMB Service, room 6407, 1111 Constitution Service, room 6411, 1111 Constitution approval. All comments will become a Avenue NW., Washington, DC 20224, or Avenue NW., Washington, DC 20224. matter of public record. Comments are through the Internet, at [email protected]. FOR FURTHER INFORMATION CONTACT: invited on: (a) Whether the collection of Requests for additional information or information is necessary for the proper SUPPLEMENTARY INFORMATION: copies of the regulation should be performance of the functions of the Title: Summary of Archer MSAs. directed to Allan Hopkins, at (202) 622– agency, including whether the OMB Number: 1545–1743. 6665, or at Internal Revenue Service, information shall have practical utility; Form Number: 8851. Abstract: Internal Revenue Code room 6407, 1111 Constitution Avenue (b) the accuracy of the agency’s estimate section 220(j)(4) requires trustees, who NW., Washington, DC 20224, or through of the burden of the collection of establish medical savings accounts, to the Internet, at information; (c) ways to enhance the [email protected]. report the following: (a) number of quality, utility, and clarity of the medical savings accounts established SUPPLEMENTARY INFORMATION: information to be collected; (d) ways to before July 1 of the taxable year Title: Limitation on Net Operating minimize the burden of the collection of (beginning January 1, 2001), (b) name Loss Carryforwards and Certain Built-In information on respondents, including and taxpayer identification number of Losses Following Ownership Change; through the use of automated collection each account holder and, (c) number of Special Rule for Value of a Loss techniques or other forms of information accounts which are accounts of Corporation Under the Jurisdiction of a technology; and (e) estimates of capital previously uninsured individuals. Form Court in a Title 11 Case. or start-up costs and costs of operation, 8851 is used for this purpose. OMB Number: 1545–1324. maintenance, and purchase of services Current Actions: There are no changes Regulation Project Number: CO–88– to provide information. being made to the form at this time. 90. Type of Review: Extension of a Approved: July 15, 2004. Abstract: This regulation provides currently approved collection. guidance on determining the value of a Glenn Kirkland, Affected Public: Business or other for- loss corporation following an ownership IRS Reports Clearance Officer. profit organizations. change to which section 382(1)(6) of the [FR Doc. 04–16966 Filed 7–23–04; 8:45 am] Estimated Number of Respondents: Internal Revenue Code applies. Under BILLING CODE 4830–01–P 200,000. Code sections 382 and 383, the value of Estimated Time Per Respondent: 7 the loss corporation, together with hours, 42 minutes. certain other factors, determines the rate Estimated Total Annual Burden at which certain pre-change tax Hours: 1,540,000.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44567

The following paragraph applies to all Public Law 104–13 (44 U.S.C. be summarized and/or included in the of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All by this notice: soliciting comments concerning Form comments will become a matter of An agency may not conduct or 8847, Credit for Contributions to public record. sponsor, and a person is not required to Selected Community Development Comments are invited on: (a) Whether respond to, a collection of information Corporations. the collection of information is unless the collection of information DATES: Written comments should be necessary for the proper performance of displays a valid OMB control number. received on or before September 24, the functions of the agency, including Books or records relating to a collection 2004, to be assured of consideration. whether the information shall have of information must be retained as long practical utility; (b) the accuracy of the ADDRESSES: Direct all written comments as their contents may become material agency’s estimate of the burden of the to Glenn Kirkland, Internal Revenue in the administration of any internal collection of information; (c) ways to Service, room 6411, 1111 Constitution revenue law. Generally, tax returns and enhance the quality, utility, and clarity Avenue, NW., Washington, DC 20224. tax return information are confidential, of the information to be collected; (d) as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the Requests for additional information or Request for Comments collection of information on copies of the form and instructions respondents, including through the use Comments submitted in response to should be directed to Allan Hopkins, at of automated collection techniques or this notice will be summarized and/or (202) 622–6665, or at Internal Revenue other forms of information technology; included in the request for OMB Service, room 6407, 1111 Constitution and (e) estimates of capital or start-up approval. All comments will become a Avenue, NW., Washington, DC 20224, costs and costs of operation, matter of public record. or through the Internet, at maintenance, and purchase of services Comments are invited on: (a) Whether [email protected]. to provide information. the collection of information is SUPPLEMENTARY INFORMATION: Approved: July 14, 2004. necessary for the proper performance of Title: Credit for Contributions to Glenn Kirkland, the functions of the agency, including Selected Community Development whether the information shall have Corporations. IRS Reports Clearance Officer. practical utility; (b) the accuracy of the OMB Number: 1545–1416. [FR Doc. 04–16968 Filed 7–23–04; 8:45 am] agency’s estimate of the burden of the Form Number: Form 8847. BILLING CODE 4830–01–P collection of information; (c) ways to Abstract: Internal Revenue Code enhance the quality, utility, and clarity section 38 allows a credit for of the information to be collected; (d) contributions to selected community DEPARTMENT OF THE TREASURY ways to minimize the burden of the development corporations as part of the collection of information on general business credit. Form 8847 is Internal Revenue Service respondents, including through the use used to compute the amount of the of automated collection techniques or credit for qualified contributions to a [PS–100–88] other forms of information technology; selected community development Proposed Collection: Comment and (e) estimates of capital or start-up corporation. Request for Regulation Project costs and costs of operation, Current Actions: Old lines 8b and 8i maintenance, and purchase of services were collapsed into new line 8b. Lines AGENCY: Internal Revenue Service (IRS), to provide information. 8j through 8m were renumbered lines 8c Treasury. through 8f. Approved: July 19, 2004. ACTION: Notice and request for Type of Review: Extension of a Glenn Kirkland, comments. currently approved collection. IRS Reports Clearance Officer. Affected Public: Business or other for- SUMMARY: The department of the [FR Doc. 04–16967 Filed 7–23–04; 8:45 am] profit organizations and individuals. Treasury, as part of its continuing effort BILLING CODE 4830–01–P Estimated Number of Respondents: to reduce paperwork and respondent 34. burden, invites the general public and Estimated Time Per Respondent: 6 DEPARTMENT OF THE TREASURY other Federal agencies to take this hrs., 11 min. opportunity to comment on proposed Estimated Total Annual Burden Internal Revenue Service and/or continuing information Hours: 210. collections, as required by the The following paragraph applies to all Proposed Collection; Comment Paperwork Reduction Act of 1995, of the collections of information covered Request for Form 8847 Public Law 104–13 (44 U.S.C. by this notice: 3506(c)(2)(A)). Currently, the IRS is AGENCY: An agency may not conduct or Internal Revenue Service (IRS), soliciting comments concerning an Treasury. sponsor, and a person is not required to respond to, a collection of information existing final regulation, PS–100–88 (TD ACTION: Notice and request for 8540), Valuation Tables (§§ 1.7520–1 comments. unless the collection of information displays a valid OMB control number. through 1.7520–4, 20.7520–1 through 20.7520–4, and 25.7520–1 through SUMMARY: The Department of the Books or records relating to a collection Treasury, as part of its continuing effort of information must be retained as long 25.7520–4). to reduce paperwork and respondent as their contents may become material DATES: Written comments should be burden, invites the general public and in the administration of any internal received on or before September 24, other Federal agencies to take this revenue law. Generally, tax returns and 2004, to be assured of consideration. opportunity to comment on proposed tax return information are confidential, ADDRESSES: Direct all written comments and/or continuing information as required by 26 U.S.C. 6103. to Glenn Kirkland, Internal Revenue collections, as required by the Request for Comments: Comments Service, room 6411, 1111 Constitution Paperwork Reduction Act of 1995, submitted in response to this notice will Avenue, NW., Washington, DC 20224.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44568 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

FOR FURTHER INFORMATION CONTACT: of the burden of the collection of following the paragraph ‘‘Affected Requests for additional information or information; (c) ways to enhance the Public:’’ the language copies of the form and instructions quality, utility, and clarity of the ‘‘Estimated Number of Respondents: should be directed to Allan Hopkins at information to be collected; (d) ways to 1. (202) 622–6665, or at Internal Revenue minimize the burden of the collection of Estimated Time Per Respondent: 1. Service, room 6407, 1111 Constitution information on respondents, including Estimated Total Annual Hours: 1.’’ is Avenue, NW., Washington, DC 20224, through the use of automated collection removed and the language or through the Internet, at techniques or other forms of information ‘‘The burden for the reporting [email protected]. technology; and (e) estimates of capital requirement in this regulation is reflected in the burden of Form 8862, SUPPLEMENTARY INFORMATION: or start-up costs and costs of operation, maintenance, and purchase of services Information to Claim Earned Income to provide information. Credit After Disallowance.’’ is added in Title: Valuation Tables. its place. OMB Number: 1545–1343. Approved: July 13, 2004. Regulation Project Number: PS–100– Glenn Kirkland, Cynthia E. Grigsby, 88. IRS Reports Clearance Officer. Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Abstract: Internal Revenue Code [FR Doc. 04–16969 Filed 7–23–04; 8:45 am] section 7520 provides rules for Chief Counsel (Procedures and BILLING CODE 4830–01–M determining the valuation of an annuity, Administration). an interest for life or a term of years, or [FR Doc. 04–16964 Filed 7–23–04; 8:45 am] a remainder or reversionary interest. DEPARTMENT OF THE TREASURY BILLING CODE 4830–01–P Code section 7530(a) allows a respondent to make an election to value Internal Revenue Service an interest that qualifies, in whole or in DEPARTMENT OF VETERANS [REG–116608–97] part, for a charitable deduction, by use AFFAIRS of a different interest rate component Proposed Collection; Comment Office of Research and Development; that is more favorable to the respondent. Request for Regulation Project; Government Owned Invention This regulation requires individuals or Correction Available for Licensing fiduciaries making the election to file a statement with their estate or gift tax AGENCY: Internal Revenue Service (IRS), AGENCY: Office of Research and return. Treasury. Development. Current Actions: There is no change to ACTION: Correction to notice and request ACTION: Notice of government owned this existing regulation. for comments. invention available for licensing. Type of Review: Extension of OMB approval. SUMMARY: This document contains SUMMARY: The invention listed below is Affected Public: Individuals or corrections to a notice and request for owned by the U.S. Government as households. comments, which was published in the represented by the Department of Estimated Number of Respondents: Federal Register on Monday, June 21, Veterans Affairs, and is available for 6,000. 2004 (69 FR 34421). This notice relates licensing in accordance with 35 U.S.C. Estimated Time Per Respondent: 45 to the Department of the Treasury’s 207 and 37 CFR part 404 and/or CRADA minutes. invitation to the general public to Collaboration under 15 U.S.C. 3710a to Estimated Total Annual Hours: 4,500. submit public comments on proposed achieve expeditious commercialization The following paragraph applies to all and/or continuing information of results of federally funded research of the collections of information covered collections. and development. Foreign patents are filed on selected inventions to extend by this notice. FOR FURTHER INFORMATION CONTACT: An agency may not conduct or Allan Hopkins, (202) 622–6665 (not a market coverage for U.S. companies and sponsor, and a person is not required to toll-free number). may also be available for licensing. FOR FURTHER INFORMATION CONTACT: respond to, a collection of information SUPPLEMENTARY INFORMATION: unless the collection of information Technical and licensing information on displays a valid OMB control number. Background the invention may be obtained by Books or records relating to a collection The notice and request for comments writing to: Robert W. Potts, Department of information must be retained as long that is the subject of these corrections is of Veterans Affairs, Director Technology as their contents may become material required by the Paperwork Reduction Transfer Program, Office of Research in the administration of any internal Act of 1995, Public Law 104–13 (44 and Development, 810 Vermont Avenue revenue law. Generally, tax returns and U.S.C. 3506(c)(2)(A)). NW., Washington, DC 20420; fax: 202– tax return information are confidential, 254–0473; email at as required by 26 U.S.C. 6103. Need for Correction [email protected]. Any request Request for Comments: Comments As published, the comment request for information should include the submitted in response to this notice will for REG–116608–97 contains errors Number and Title for the relevant be summarized and/or included in the which may prove to be misleading and invention as indicated below. Issued request for OMB approval. All are in need of clarification. patents may be obtained from the comments will become a matter of Commissioner of Patents, U.S. Patent public record. Comments are invited on: Correction of Publication and Trademark Office, Washington, DC (a) Whether the collection of Accordingly, the publication of the 20231. information is necessary for the proper comment request for REG–116608–97, SUPPLEMENTARY INFORMATION: The performance of the functions of the which was the subject of FR Doc. 04– invention available for licensing is: U.S. agency, including whether the 13958, is corrected as follows: Patent No. RE37,770 ‘‘Treatment of Skin information shall have practical utility; On page 34421, column 3, under the Conditions by Use of (b) the accuracy of the agency’s estimate caption SUPPLEMENTARY INFORMATION:, PPAR.alpha.Activators’’.

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices 44569

Dated: July 19, 2004. DEPARTMENT OF VETERANS SUMMARY: The invention listed below is Anthony J. Principi, AFFAIRS owned by the U.S. Government as Secretary, Department of Veterans Affairs. represented by the Department of Office of Research and Development; [FR Doc. 04–16983 Filed 7–23–04; 8:45 am] Veterans Affairs, and is available for Government Owned Invention licensing in accordance with 35 U.S.C. BILLING CODE 8320–01–P Available for Licensing 207 and 37 CFR part 404 and/or CRADA Collaboration under 15 U.S.C. 3710a to AGENCY: Office of Research and achieve expeditious commercialization DEPARTMENT OF VETERANS Development, Department of Veterans AFFAIRS of results of federally funded research Affairs. and development. Foreign patents are ACTION: Office of Research and Development; Notice of government owned filed on selected inventions to extend invention available for licensing. Government Owned Invention market coverage for U.S. companies and may also be available for licensing. Available for Licensing SUMMARY: The invention listed below is FOR FURTHER INFORMATION CONTACT: owned by the U.S. Government as AGENCY: Office of Research and Technical and licensing information on represented by the Department of the invention may be obtained by Development, Department of Veterans Veterans Affairs, and is available for Affairs. writing to: Robert W. Potts, Department licensing in accordance with 35 U.S.C. of Veterans Affairs, Director Technology ACTION: Notice of government owned 207 and 37 CFR part 404 and/or CRADA Transfer Program, Office of Research invention available for licensing. Collaboration under 15 U.S.C. 3710a to and Development, 810 Vermont Avenue achieve expeditious commercialization NW., Washington, DC 20420; fax: 202– SUMMARY: The invention listed below is of results of federally funded research 254–0473; e-mail at owned by the U.S. Government as and development. Foreign patents are [email protected]. Any request filed on selected inventions to extend represented by the Department of for information should include the market coverage for U.S. companies and Veterans Affairs, and is available for Number and Title for the relevant may also be available for licensing. licensing in accordance with 35 U.S.C. invention as indicated below. Issued 207 and 37 CFR part 404 and/or CRADA FOR FURTHER INFORMATION CONTACT: patents may be obtained from the Collaboration under 15 U.S.C. 3710a to Technical and licensing information on Commissioner of Patents, U.S. Patent achieve expeditious commercialization the invention may be obtained by and Trademark Office, Washington, DC of results of federally funded research writing to: Robert W. Potts, Department 20231. of Veterans Affairs, Director Technology and development. Foreign patents are SUPPLEMENTARY INFORMATION: The Transfer Program, Office of Research filed on selected inventions to extend invention available for licensing is: and Development, 810 Vermont Avenue market coverage for U.S. companies and U.S. Patent No. 6,071,955 ‘‘FXR, PPARA NW., Washington, DC 20420; fax: 202– may also be available for licensing. and LXRA Activators to Treat Acne/ 254–0473; email at Acneiform Conditions’’. FOR FURTHER INFORMATION CONTACT: [email protected]. Any request Technical and licensing information on for information should include the Dated: July 19, 2004. the invention may be obtained by Number and Title for the relevant Anthony J. Principi, writing to: Robert W. Potts, Department invention as indicated below. Issued Secretary, Department of Veterans Affairs. of Veterans Affairs, Director Technology patents may be obtained from the [FR Doc. 04–16986 Filed 7–23–04; 8:45 am] Transfer Program, Office of Research Commissioner of Patents, U.S. Patent BILLING CODE 8320–01–P and Development, 810 Vermont Avenue and Trademark Office, Washington, DC NW., Washington, DC 20420; fax: 202– 20231. 254–0473; E-mail at SUPPLEMENTARY INFORMATION: The DEPARTMENT OF VETERANS [email protected]. Any request invention available for licensing is: U.S. AFFAIRS Patent No. 6,184,215 ‘‘Treatment of Skin for information should include the Privacy Act of 1974; New Routine Use Conditions with Oxysterol Activators of Number and Title for the relevant Statement Amendment of System; LXR.alpha’’. invention as indicated below. Issued Notice patents may be obtained from the Dated: July 19, 2004. Commissioner of Patents, U.S. Patent Anthony J. Principi, AGENCY: Department of Veterans Affairs. and Trademark Office, Washington, DC Secretary, Department of Veterans Affairs. ACTION: Notice; New routine use. 20231. [FR Doc. 04–16985 Filed 7–23–04; 8:45 am] SUMMARY: As required by the Privacy SUPPLEMENTARY INFORMATION: The BILLING CODE 8320–01–P Act of 1974, 5 U.S.C. 552a(e), Notice is invention available for licensing is: U.S. hereby given that the Department of Veterans Affairs (VA) is adding a new Patent No. 6,187,814 ‘‘Treatment of Skin DEPARTMENT OF VETERANS Conditions with FXR Activators’’. routine use statement to a VA system of AFFAIRS records entitled ‘‘Loan Guaranty Fee Dated: July 19, 2004. Personnel and Program Participant Anthony J. Principi, Office of Research and Development; Government Owned Invention Records—VA (17VA26).’’ The new Secretary, Department of Veterans Affairs. Available for Licensing routine use will specify that the names [FR Doc. 04–16984 Filed 7–23–04; 8:45 am] of debarred and suspended Loan BILLING CODE 8320–01–P AGENCY: Office of Research and Guaranty Program participants can be Development, Department of Veterans furnished to the General Services Affairs. Administration for inclusion on the ‘‘Lists of Parties Excluded from Federal ACTION: Notice of government owned Procurement or Nonprocurement invention available for licensing. Programs.’’

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 44570 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Notices

DATES: Comments must be received on Federal agencies to give effect to VA’s U.S.C. 552a(r) and guidelines issued by or before August 25, 2004. If no public debarment and suspension actions VA OMB (65 FR 77677, December 12, 2000.) comment is received during the 30 day furnishes to the General Services The proposed new routine use review period allowed for public Administration (GSA) the following number 13 will be added to the system comment, or unless otherwise published information: the names and addresses of of records entitled ‘‘Loan Guaranty Fee in the Federal Register by VA, this debarred or suspended parties, the type Personnel and Program Participant routine use is effective August 25, 2004. of action, the effective date of VA’s Records—VA’’, as published at 40 FR ADDRESSES: You may mail or hand- action, and the term of the debarment or 38095, August 26, 1975, and amended at deliver written comments concerning suspension. GSA includes this 52 FR 721, January 8, 1987. information on the ‘‘Lists of Parties the proposed new routine use to Approved: July 12, 2004. Director, Regulations Management Excluded from Federal Procurement or Anthony J. Principi, (00REG1), Department of Veterans Nonprocurement Programs,’’ also Affairs, 810 Vermont Avenue, NW., known as the Excluded Parties Listing Secretary of Veterans Affairs. Room 1068, Washington, DC 20420; fax System (EPLS), which it compiles and Notice of Amendment to System of to (202) 273–9026; or email to maintains. Records ‘‘[email protected]’’. All Currently VA furnishes information relevant material received before August about debarred or suspended parties to The system of records identified as 25, 2004, will be considered. All GSA under the authority of routine use 17VA26 ‘‘Loan Guaranty Fee Personnel comments received will be available for number 5 of 17VA26 which provides for and Program Participant Records—VA public inspection in the Office of release of information about participants published at ‘‘40 FR 38095, August 26, Regulation Policy and Management, suspended from the Loan Guaranty 1975, and amended at 52 FR 721, Room 1063B, between the hours of 8 Program to other Federal, State, or local January 8, 1987, is revised to add a new a.m. and 4:30 p.m., Monday through agencies. This new routine use has been routine use number 13 as follows: Friday (except holidays). Please call developed to more specifically provide 17VA26 (202) 273–9515 for an appointment. for the release of information about FOR FURTHER INFORMATION CONTACT: Mr. debarred and suspended parties to the SYSTEM NAME: Robert D. Finneran, Assistant Director GSA for inclusion in EPLS. Loan Guaranty Fee Personnel and for Policy and Valuation (262), Loan VA has determined that release of Program Participant Records—VA. Guaranty Service, Veterans Benefits information under the circumstances * * * * * Administration, Department of Veterans described above is a necessary and Affairs, Washington, DC 20420, (202) proper use of information in this system 13. The names and addresses of 273–7368. of records and that the specific routine debarred or suspended loan guaranty program participants as well as the SUPPLEMENTARY INFORMATION: To ensure use proposed for the transfer of this that VA Loan Guaranty Program information is appropriate. effective date and term of the exclusion participants are responsible business An altered system of records report may be disclosed to the General entities and individuals, VA has and a copy of the revised system notice Services Administration to compile and authority under 38 CFR part 44 to debar have been sent to the House of maintain the ‘‘Lists of Parties Excluded and suspend those entities and Representatives Committee on from Federal Procurement or individuals that engage in actions Government Reform and Oversight, the Nonprocurement Programs.’’ detrimental to the best interests of Senate Committee on Governmental * * * * * veterans or the Government as provided Affairs, and the Office of Management [FR Doc. 04–16987 Filed 7–23–04; 8:45 am] in 38 CFR 44.305. In order for other and Budget (OMB) as required by 5 BILLING CODE 8320–01–P

VerDate jul<14>2003 20:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Monday, July 26, 2004

Part II

The President Executive Order 13347—Individuals With Disabilities in Emergency Preparedness

VerDate May<21>2004 21:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26JYE0.SGM 26JYE0 VerDate May<21>2004 21:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\26JYE0.SGM 26JYE0 44573

Federal Register Presidential Documents Vol. 69, No. 142

Monday, July 26, 2004

Title 3— Executive Order 13347 of July 22, 2004

The President Individuals With Disabilities in Emergency Preparedness

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen emergency preparedness with respect to individuals with disabilities, it is hereby ordered as follows: Section 1. Policy. To ensure that the Federal Government appropriately supports safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurri- canes, and acts of terrorism, it shall be the policy of the United States that executive departments and agencies of the Federal Government (agencies): (a) consider, in their emergency preparedness planning, the unique needs of agency employees with disabilities and individuals with disabilities whom the agency serves; (b) encourage, including through the provision of technical assistance, as appropriate, consideration of the unique needs of employees and individuals with disabilities served by State, local, and tribal governments and private organizations and individuals in emergency preparedness planning; and (c) facilitate cooperation among Federal, State, local, and tribal governments and private organizations and individuals in the implementation of emergency preparedness plans as they relate to individuals with disabilities. Sec. 2. Establishment of Council. (a) There is hereby established, within the Department of Homeland Security for administrative purposes, the Inter- agency Coordinating Council on Emergency Preparedness and Individuals with Disabilities (the ‘‘Council’’). The Council shall consist exclusively of the following members or their designees: (i) the heads of executive departments, the Administrator of the Envi- ronmental Protection Agency, the Administrator of General Serv- ices, the Director of the Office of Personnel Management, and the Commissioner of Social Security; and (ii) any other agency head as the Secretary of Homeland Security may, with the concurrence of the agency head, designate. (b) The Secretary of Homeland Security shall chair the Council, convene and preside at its meetings, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively of Council members. (c) A member of the Council may designate, to perform the Council functions of the member, an employee of the member’s department or agency who is either an officer of the United States appointed by the President, or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule. Sec. 3. Functions of Council. (a) The Council shall: (i) coordinate implementation by agencies of the policy set forth in section 1 of this order;

VerDate May<21>2004 21:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JYE0.SGM 26JYE0 44574 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Presidential Documents

(ii) whenever the Council obtains in the performance of its functions information or advice from any individual who is not a full-time or permanent part-time Federal employee, obtain such information and advice only in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation; and (iii) at the request of any agency head (or the agency head’s designee under section 2(c) of this order) who is a member of the Council, unless the Secretary of Homeland Security declines the request, promptly review and provide advice, for the purpose of furthering the policy set forth in section 1, on a proposed action by that agency. (b) The Council shall submit to the President each year beginning 1 year after the date of this order, through the Assistant to the President for Home- land Security, a report that describes: (i) the achievements of the Council in implementing the policy set forth in section 1; (ii) the best practices among Federal, State, local, and tribal governments and private organizations and individuals for emergency preparedness planning with respect to individuals with disabilities; and (iii) recommendations of the Council for advancing the policy set forth in section 1. Sec. 4. General. (a) To the extent permitted by law: (i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and (ii) the Department of Homeland Security shall provide funding and administrative support for the Council. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. W THE WHITE HOUSE, July 22, 2004.

[FR Doc. 04–17150 Filed 7–23–04; 11:37 am] Billing code 3195–01–P

VerDate May<21>2004 21:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JYE0.SGM 26JYE0 i

Reader Aids Federal Register Vol. 69, No. 142 Monday, July 26, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 212...... 43729 Presidential Documents 3 CFR 214 ...... 39814, 41388, 43729 Executive orders and proclamations 741–6000 Proclamations: 299...... 39814 The United States Government Manual 741–6000 7800...... 40299 Proposed Rules: 7801...... 41179 Other Services 236...... 42901 7802...... 43727 241...... 42901 741–6020 Electronic and on-line services (voice) Executive Orders: 1236...... 42901 Privacy Act Compilation 741–6064 11269 (See EO 1240...... 42901 Public Laws Update Service (numbers, dates, etc.) 741–6043 13345) ...... 41901 1241...... 42901 TTY for the deaf-and-hard-of-hearing 741–6086 12163 (Amended by EO 13346)...... 41905 9 CFR ELECTRONIC RESEARCH 12757 (Revoked by 1...... 42089 World Wide Web EO 13345)...... 41901 2...... 42089 12823 (Revoked by 51...... 41909 Full text of the daily Federal Register, CFR and other publications EO 13345)...... 41901 78...... 40763 is located at: http://www.gpoaccess.gov/nara/index.html 13028 (Revoked by 93...... 43283 Federal Register information and research tools, including Public EO 13345)...... 41901 94...... 41915 Inspection List, indexes, and links to GPO Access are located at: 13131 (Revoked by Proposed Rules: http://www.archives.gov/federallregister/ EO 13345)...... 41901 2...... 43538 13227 (Amended by 3...... 43538 E-mail EO 13346)...... 41905 50...... 42288 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13261 (Amended by 51...... 41909, 42288 an open e-mail service that provides subscribers with a digital EO 13344)...... 41747 52...... 42288 form of the Federal Register Table of Contents. The digital form 13344...... 41747 53...... 42288 of the Federal Register Table of Contents includes HTML and 13345...... 41901 54...... 42288 PDF links to the full text of each document. 13346...... 41905 55...... 42288 To join or leave, go to http://listserv.access.gpo.gov and select Administrative Orders: 56...... 42288 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandums: 57...... 42288 (orchange settings); then follow the instructions. Memorandum of June 58...... 42288 29, 2004 ...... 40531 59...... 42288 PENS (Public Law Electronic Notification Service) is an e-mail 60...... 42288 service that notifies subscribers of recently enacted laws. Memorandum of July 5, 2004 ...... 42087 61...... 42288 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of July 62...... 42288 and select Join or leave the list (or change settings); then follow 2, 2004 ...... 43723 63...... 42288 the instructions. Memorandum of July 64...... 42288 65...... 42288 FEDREGTOC-L and PENS are mailing lists only. We cannot 8, 2004 ...... 43725 66...... 42288 respond to specific inquiries. Presidential 67...... 42288 Determinations: Reference questions. Send questions and comments about the 68...... 42288 No. 2004–38 of June Federal Register system to: [email protected] 69...... 42288 24, 2004 ...... 40305 70...... 42288 The Federal Register staff cannot interpret specific documents or No. 2004–39 of June regulations. 71...... 42288 25, 2004 ...... 40761 72...... 42288 7 CFR 73...... 42288 FEDERAL REGISTER PAGES AND DATE, JULY 74...... 42288 16...... 41375 39811–40304...... 1 75...... 42288 301 ...... 40533, 41181, 42849, 76...... 42288 40305–40532...... 2 43511, 43891 77...... 40329, 42288 40533–40762...... 6 916...... 41120, 44457 78...... 40556, 42288 40763–41178...... 7 917...... 41120, 44457 79...... 42288 41179–41374...... 8 930...... 41383 80...... 42288 41375–41748...... 9 958...... 42850 81...... 42288 41749–41900...... 12 981...... 40534, 41907 82...... 42288 41901–42086...... 13 983...... 44460 83...... 42288 42087–42328...... 14 989...... 41385 84...... 42288 1435...... 39811 42329–42548...... 15 85...... 42288 Proposed Rules: 42549–42848...... 16 309...... 42288 39...... 40819 310...... 42288 42849–43282...... 19 924...... 42899 311...... 42288 43283–43510...... 20 1030...... 43538 318...... 42288 43511–43728...... 21 3402...... 41763 319...... 42288 43729–43890...... 22 43891–44456...... 23 8 CFR 10 CFR 44457–44574...... 26 103...... 39814 2...... 41749

VerDate jul 14 2003 22:45 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\26JYCU.LOC 26JYCU ii Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids

12 CFR 135...... 42324 21 CFR Proposed Rules: 25...... 41181 243...... 43540 17...... 43299 550...... 39887 201...... 41388 15 CFR 110...... 40312 29 CFR 228...... 41181 172...... 40765 345...... 41181 736...... 42332 189...... 42256 2...... 41882 563e...... 41181 738...... 41879 510...... 40765, 41427 37...... 41882, 41894 609...... 42852 742...... 42862 520...... 41427, 43735 4022...... 42333 611...... 42852 744...... 42332 522...... 40765, 43891 4044...... 42333 612...... 42852 748...... 42862 524...... 40766, 41427 Proposed Rules: 613...... 43511 770...... 42862 556...... 43891 37...... 41769 614 ...... 42852, 42853, 43511 774...... 42862 700...... 42256 1910...... 41221 615...... 42852 1915...... 41221 16 CFR Proposed Rules: 617...... 42852 56...... 40556 1917...... 41221 618...... 43511 305...... 42107 189...... 42275 1918...... 41221 703...... 39827 315...... 40482 312...... 43351 1926...... 41221, 42379 704...... 39827 456...... 40482 314...... 43351 30 CFR Proposed Rules: Proposed Rules: 589...... 42288 Ch. I ...... 43347 680...... 43546 600...... 43351 3...... 42112 41...... 42502 682...... 41219 601...... 43351 913...... 42870 Ch. II ...... 43347 698...... 41616 700...... 42275 Proposed Rules: 222...... 42502 18...... 42812 17 CFR Ch. III ...... 43347 22 CFR 48...... 42842 303...... 43060 1...... 41424 41...... 43515 75...... 42812, 44480 325...... 43060 4...... 41424 121...... 40313 206...... 43944 327...... 43060 31...... 41424 123...... 40313 902...... 42920 334...... 42502 36...... 43285 Proposed Rules: 914 ...... 42927, 42931, 42937 347...... 43060 140...... 41424 22...... 42913 917...... 42939 Ch. V...... 43347 145...... 41424 920...... 42943 571...... 42502 190...... 41424 24 CFR 943...... 42948 Ch. VII...... 41202 200...... 41060, 41936 5...... 41712 32 CFR 701...... 39871 230...... 43295 25...... 43504 717...... 42502 240...... 41060 35...... 40474 61...... 43318 723...... 39873 249...... 41060 203...... 43504 260...... 42114 1412...... 41606 270...... 41696 570...... 41712 Proposed Rules: 275...... 41696 Proposed Rules: 635...... 41626 13 CFR 279...... 41696 81...... 39886 33 CFR 121...... 44461 Proposed Rules: 570...... 41434 Proposed Rules: 1...... 39880 583...... 43488 100 ...... 41196, 42870, 43516, 121...... 39874 38...... 39880 43741, 43743 247...... 42302 25 CFR 107...... 41367 14 CFR 170...... 43090 110...... 42335 18 CFR 25 ...... 40307, 40520, 40537, Proposed Rules: 117 ...... 41196, 41944, 42872, 42329 388...... 41190 Ch. 1...... 39887, 43546 42874, 42876, 43901, 43903, 36...... 41573 Proposed Rules: 30...... 43547, 44476 43904 39 ...... 39833, 39834, 39835, 5...... 40332 36...... 41770 151...... 40767 40309, 40539, 40541, 40764, 16...... 40332 37...... 43547, 44476 161...... 39837 41189, 41389, 41391, 41394, 35...... 43929 39...... 43547, 44476 165 ...... 40319, 40542, 40768, 41396, 41398, 41401, 41403, 131...... 43929 42...... 43547, 44476 41196, 41367, 41944, 42115, 41405, 41407, 41410, 41411, 154...... 43929 44...... 43547, 44476 42335, 42876, 43745, 43746, 41413, 41414, 41417, 41418, 156...... 40332 47...... 43547, 44476 43748, 43904, 43906, 43908, 41419, 41421, 41920, 41923, 157...... 40332, 43929 48...... 41770 43911, 43913 41925, 41926, 41928, 41930, 250...... 43929 Proposed Rules: 42549, 42855, 42858, 42860, 281...... 43929 26 CFR 165...... 40345, 42950 42861, 43732 284...... 43929 1 ...... 41192, 42551, 42559, 71 ...... 39837, 40310, 40542, 300...... 43929 43302, 43304, 43735 34 CFR 41189, 42331 341...... 43929 31...... 41938 75...... 41200 97...... 41934 344...... 43929 157...... 41192 383...... 41423 346...... 43929 301...... 41938, 43317 36 CFR 1260...... 41935 347...... 43929 602 ...... 41192, 41938, 43735 228...... 41428 1274...... 41935 348...... 43929 Proposed Rules: 242...... 40174 1275...... 42102 375...... 43929 1 ...... 42370, 42919, 43366, 251...... 41946 Proposed Rules: 385...... 40332, 43929 43367, 43786 261...... 41946 39 ...... 39875, 39877, 40819, 25...... 44476 295...... 41946 19 CFR 40821, 40823, 41204, 41207, 26...... 42000 701...... 39837 41209, 41211, 41213, 41985, 101...... 41749 49...... 40345 702...... 39837 41987, 41990, 41992, 41994, 301...... 43369 704...... 39837 20 CFR 41997, 42356, 42358, 42360, 705...... 39837 42363, 42365, 42368, 41612, 656...... 43716 27 CFR 800...... 40544 42912, 43775, 43777, 43779, 667...... 41882 9...... 41750 1190...... 44084 43783, 44474 670...... 41882 1191...... 44084 71 ...... 40330, 40331, 41215, Proposed Rules: 28 CFR Proposed Rules: 41216, 41218 404...... 40338 25...... 43892 7...... 40562 73...... 43539 416...... 40338 302...... 41943 212...... 42381 121...... 42324 667...... 41769 506...... 40315 251...... 42381 125...... 42324 1001...... 40724 540...... 40315 261...... 42381

VerDate jul 14 2003 22:45 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\26JYCU.LOC 26JYCU Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids iii

294...... 41636 158...... 39862 45 CFR 16...... 40514, 43712 295...... 42381 159...... 39862 74...... 42586 37...... 43712 168...... 39862 39...... 40514, 43712 37 CFR 87...... 42586 178...... 39862 92...... 42586 45...... 42544 1...... 43751 180 ...... 40774, 40781, 42560, 96...... 42586 52...... 42544 2...... 43751 43525, 43918 146...... 43924, 43926 533...... 40730 194...... 42571 552...... 40730 Proposed Rules: Proposed Rules: 202...... 42004 239...... 42583 30...... 42010 211...... 42004 257...... 42583 33...... 42022 49 CFR 212...... 42004 271...... 44463 46...... 40584 300...... 43755, 44467 37...... 40794 270...... 42007 172...... 41967 710...... 40787 46 CFR 193...... 41761 Proposed Rules: 296...... 43328 544...... 41974 38 CFR 51...... 41225 571...... 42595 52 ...... 39892, 40824, 41344, 47 CFR 1...... 39844 572...... 42595 3...... 42879 41441, 43370, 43371, 43956 0...... 41130 Proposed Rules: 17...... 39845 60 ...... 40824, 40829, 42123, 1 ...... 39864, 40326, 41028, 571...... 42126, 43787 43371 41130 39 CFR 62...... 42123, 41641 27...... 39864 3...... 42340 63...... 41779, 42954 51...... 43762 50 CFR 265...... 39851 81...... 41344 54...... 43771 17...... 40084, 40796 131...... 41720 64...... 40325 100...... 40174 40 CFR 180 ...... 40831, 41442, 43548 73 ...... 39868, 39869, 40791, 216...... 41976 9...... 41576 239...... 41644 41432, 42345, 42897, 43533, 223...... 40734 51 ...... 40274, 40278, 42560 257...... 41644 43534, 43771, 43772, 44470 229...... 43338, 43772 52 ...... 39854, 39856, 39858, 261...... 42395 74...... 43772 622...... 41433 39860, 40274, 40278, 40321, 271...... 40568, 44481 80...... 44471 635...... 40734, 43535 40324, 41336, 41431, 42340, 300...... 44482 90...... 39864 648 ...... 40850, 41980, 43535, 42560, 42880, 43319, 43518, 42 CFR 95...... 39864 43928 43520, 43522, 43752, 43916, 101...... 43772 660 ...... 40805, 40817, 42345, 44461 414...... 40288 Proposed Rules: 43345 60 ...... 40770, 41346, 42117 Proposed Rules: 54...... 40839 679 ...... 41984, 42122, 42345, 61...... 43322 402...... 43956 64...... 42125 43536, 43537, 44472, 44473 62...... 42117 43 CFR 73 ...... 39893, 41444, 42956, Proposed Rules: 63 ...... 39862, 41757, 42885 42957, 43552, 43553, 43786, 17 ...... 41445, 43058, 43554, 81 ...... 39860, 41336, 43522 3830...... 40294 44482 43664 93...... 40004, 43325 3834...... 40294 76...... 43786 20...... 43694 122...... 41576 Proposed Rules: 101...... 40843 32...... 42127, 43964 123...... 41576 1600...... 43378 224...... 41446 124...... 41576 48 CFR 300...... 41447 44 CFR 125...... 41576 Proposed Rules: 402...... 40346 147...... 42341 64...... 40324, 42584 2...... 43712 648...... 41026 152...... 39862 Proposed Rules: 7...... 43712 660 ...... 40851, 43383, 43789 154...... 39862 67...... 40836, 40837 11...... 43712 679...... 41447, 42128

VerDate jul 14 2003 22:45 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\26JYCU.LOC 26JYCU iv Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids

REMINDERS HEALTH AND HUMAN LABOR DEPARTMENT Plant related quarantine; The items in this list were SERVICES DEPARTMENT Employee Benefits Security domestic: editorially compiled as an aid Centers for Medicare & Administration Pine shoot beetle; to Federal Register users. Medicaid Services Group health plans; access, comments due by 8-6-04; Inclusion or exclusion from Medicare and Medicaid: portability, and renewability published 6-7-04 [FR 04- this list has no legal Physicians’ referrals to requirements: 12758] significance. health care entities with Health care continuation COMMERCE DEPARTMENT which they have financial coverage; published 5-26- Economic Analysis Bureau relationships 04 International services surveys: RULES GOING INTO Partial effective date delay Correction; published 6- BE-22; annual survey of EFFECT JULY 26, 2004 extension; published 6- 23-04 25-04 selected services TRANSPORTATION transactions with Medicare: COMMERCE DEPARTMENT DEPARTMENT unaffiliated foreign Patent and Trademark Office Physicians referrals to persons; comments due health care entities with Federal Aviation Practice and procedure: Administration by 8-6-04; published 6-7- which they have financial 04 [FR 04-12788] Representation of others relationships (Phase II); Airworthiness directives: before PTO; published 6- published 3-26-04 McDonnell Douglas; COMMERCE DEPARTMENT 24-04 Physicians referrals to published 6-21-04 National Oceanic and DEFENSE DEPARTMENT health care entitities with Pilatus Aircraft Ltd.; Atmospheric Administration Engineers Corps which they have financial published 6-16-04 Endangered and threatened Danger zones and restricted relationships (Phase II) Rolls-Royce Corp.; species: areas: Correction; published 4-6- published 7-9-04 Right whale ship strike Coasters Harbor Island, RI; 04 reduction; comments due by 8-2-04; published 6-1- Naval Station Newport; Skilled nursing facilities; COMMENTS DUE NEXT prospective payment 04 [FR 04-12356] published 6-25-04 WEEK Enforcement: system and consolidated Fishery conservation and billing; correction; management: Class I administrative civil published 6-25-04 AGENCY FOR penalties; inflation Northeastern United States HEALTH AND HUMAN INTERNATIONAL fisheries— adjustment; published 6- DEVELOPMENT 25-04 SERVICES DEPARTMENT Atlantic sea scallop; Food and Drug USAID programs; religious comments due by 8-6- ENVIRONMENTAL Administration organizations participation; 04; published 7-7-04 PROTECTION AGENCY Human drugs: comments due by 8-6-04; [FR 04-15396] Air programs; approval and published 6-7-04 [FR 04- Total parenteral nutrition; West Coast States and promulgation; State plans 12654] aluminum in large and Western Pacific for designated facilities and small volume parenterals; AGRICULTURE fisheries— pollutants: DEPARTMENT labeling requirements; Coastal pelagic species; Virginia; published 5-25-04 effective date delay; Agricultural Marketing comments due by 8-4- Air quality implementation published 6-3-03 Service 04; published 7-20-04 plans; approval and HOMELAND SECURITY Cotton classing, testing and [FR 04-16471] promulgation; various DEPARTMENT standards: Pacific Coast groundfish; States: Coast Guard Classification services to comments due by 8-2- California; published 5-26-04 Drawbridge operations: growers; 2004 user fees; 04; published 7-7-04 Illinois; published 5-27-04 Louisiana; published 7-13-04 Open for comments until [FR 04-15379] FEDERAL Massachusetts; published 7- further notice; published Pacific Fishery COMMUNICATIONS 23-04 5-28-04 [FR 04-12138] Management Council; COMMISSION New York; published 7-19- Fresh prunes grown in— environmental impact Common carrier services: 04 Oregon and Washington; statement; scoping Tariffs— Ports and waterways safety: comments due by 8-3-04; meetings; comments published 7-19-04 [FR 04- due by 8-2-04; Competitive local Boston Inner Harbor, MA; safety zone; published 7- 16272] published 5-24-04 [FR exchange carriers; 04-11663] access charge reform; 23-04 Shell egg voluntary grading; West Coast salmon; published 6-24-04 Lake Washington, WA; comments due by 8-2-04; safety zone; published 6- published 6-2-04 [FR 04- comments due by 8-4- Digital television stations; table 12201] 04; published 7-20-04 of assignments: 24-04 AGRICULTURE [FR 04-16356] Mississippi; published 7-1-04 HOMELAND SECURITY DEPARTMENT DEPARTMENT COURT SERVICES AND Radio services; special: Citizenship and Immigration Animal and Plant Health OFFENDER SUPERVISION Maritime services— Services Bureau Inspection Service AGENCY FOR THE DISTRICT OF COLUMBIA Automated Maritime Immigration: Animal welfare: Telecommunications Semi-annual agenda; Open for Health care workers from Birds, rats, and mice; System; stations comments until further Canada and Mexico; regulations and standards; licensing process; notice; published 12-22-03 extension of deadline to comment request; published 7-26-04 [FR 03-25121] obtain certifications; comments due by 8-3-04; Radio stations; table of published 7-22-04 published 6-4-04 [FR 04- ENERGY DEPARTMENT assignments: HOMELAND SECURITY 12692] Federal Energy Regulatory Idaho and Utah DEPARTMENT Plant-related quarantine, Commission Correction; published 7- Transportation Security domestic: Electric rate and corporate 15-04 Administration Gypsy moth; comments due regulation filings: Various States; published 6- Privacy Act; implementation; by 8-6-04; published 6-7- Virginia Electric & Power 25-04 published 6-25-04 04 [FR 04-12757] Co. et al.; Open for

VerDate jul 14 2003 22:45 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\26JYCU.LOC 26JYCU Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids v

comments until further Meat and poultry products rates update; comments 209 commercial vehicle notice; published 10-1-03 processing facilities; Open due by 8-2-04; published fees; comments due by 8- [FR 03-24818] for comments until further 6-2-04 [FR 04-12314] 5-04; published 7-6-04 Government Paperwork notice; published 12-30-99 HEALTH AND HUMAN [FR 04-14114] Elimination Act; [FR 04-12017] SERVICES DEPARTMENT NUCLEAR REGULATORY implementation: FARM CREDIT Food and Drug COMMISSION Commission issuances; ADMINISTRATION Administration Environmental statements; electronic notification; Farm credit system: Reports and guidance availability, etc.: comments due by 8-2-04; Preferred stock; documents; availability, etc.: Fort Wayne State published 7-2-04 [FR 04- organization, standards of Evaluating safety of Developmental Center; 14893] conduct, loan policies and antimicrobial new animal Open for comments until ENVIRONMENTAL operations, fiscal affairs drugs with regard to their further notice; published PROTECTION AGENCY and operations funding, microbiological effects on 5-10-04 [FR 04-10516] Air pollution; standards of and disclosure to bacteria of human health PERSONNEL MANAGEMENT performance for new shareholders; comments concern; Open for OFFICE stationary sources: due by 8-3-04; published comments until further Health benefits, Federal 6-4-04 [FR 04-12514] Industrial-commercial- notice; published 10-27-03 employees: institutional steam FEDERAL [FR 03-27113] Two option limitation generating units; COMMUNICATIONS HOMELAND SECURITY modified and coverage comments due by 8-6-04; COMMISSION DEPARTMENT continuation for annuitants published 7-7-04 [FR 04- Common carrier services: Coast Guard whose plan terminates an Federal-State Joint Board option; comments due by 15205] Anchorage regulations: on Universal Service— 8-6-04; published 6-7-04 Air programs; State authority Maryland; Open for Eligible telecommunication [FR 04-12799] delegations: comments until further carriers designation SECURITIES AND Alabama; comments due by notice; published 1-14-04 process; comments due EXCHANGE COMMISSION 8-2-04; published 7-12-04 [FR 04-00749] by 8-6-04; published 7- Securities: [FR 04-15722] INTERIOR DEPARTMENT 7-04 [FR 04-15240] Self-regulatory organizations; Air quality implementation Indian Affairs Bureau plans; approval and Radio services; special: fees calculation, payment promulgation; various Fixed microwave services— No Child Left Behind Act; and collection; comments States: Rechannelization of the implementation: due by 8-6-04; published 7-7-04 [FR 04-15081] North Dakota; comments 17.7 - 19.7 GHz No Child Left Behind due by 8-6-04; published frequency band; Negotiated Rulemaking Trust and fiduciary activities 7-7-04 [FR 04-15341] comments due by 8-6- Committee— exception; exemptions and 04; published 7-7-04 defined terms (Regulation Pennsylvania; comments Bureau-funded school [FR 04-15237] B); comments due by 8-2- due by 8-2-04; published system; comments due 04; published 6-30-04 [FR 7-1-04 [FR 04-14823] Radio stations; table of by 8-2-04; published 7- assignments: 21-04 [FR 04-16658] 04-14138] Environmental statements; Alabama and Florida; SMALL BUSINESS availability, etc.: INTERIOR DEPARTMENT comments due by 8-2-04; Fish and Wildlife Service ADMINISTRATION Coastal nonpoint pollution published 6-25-04 [FR 04- Endangered and threatened Disaster loan areas: control program— 14485] species: Maine; Open for comments Minnesota and Texas; Arizona and Nevada; until further notice; Open for comments comments due by 8-2-04; Critical habitat designations— published 2-17-04 [FR 04- until further notice; published 6-25-04 [FR 04- 03374] published 10-16-03 [FR 14481] Fish slough milk-vetch; 03-26087] comments due by 8-3- OFFICE OF UNITED STATES Georgia and North Carolina; TRADE REPRESENTATIVE Hazardous waste program comments due by 8-2-04; 04; published 6-4-04 authorizations: [FR 04-12658] Trade Representative, Office published 6-25-04 [FR 04- of United States Connecticut; comments due 14486] Munz’s onion; comments Generalized System of by 8-5-04; published 7-6- due by 8-3-04; New Mexico; comments due Preferences: 04 [FR 04-15102] by 8-2-04; published 6-25- published 6-4-04 [FR 2003 Annual Product Pesticides; emergency 04 [FR 04-14487] 04-12657] Review, 2002 Annual exemptions, etc.: Marine mammals: Various States; comments Country Practices Review, Native exemptions; authentic Streptomyces lydicus WYEC due by 8-2-04; published and previously deferred native articles of 108; comments due by 8- 6-25-04 [FR 04-14488] product decisions; handicrafts and clothing; 2-04; published 6-3-04 FEDERAL RESERVE petitions disposition; Open definition; comments due [FR 04-12558] SYSTEM for comments until further by 8-3-04; published 6-4- Pesticides; tolerances in food, Truth in savings (Regulation notice; published 7-6-04 04 [FR 04-12139] animal feeds, and raw DD): [FR 04-15361] Migratory bird permits: agricultural commodities: Bounced-check or courtesy TRANSPORTATION Novaluron; comments due overdraft protection; Take of migratory birds by DEPARTMENT the Department of by 8-2-04; published 6-2- comments due by 8-6-04; Federal Aviation Defense; comments due 04 [FR 04-12316] published 6-7-04 [FR 04- Administration by 8-2-04; published 6-2- Toxic substances: 12521] 04 [FR 04-11411] Airworthiness directives: Inventory update rule; HEALTH AND HUMAN Boeing; comments due by INTERIOR DEPARTMENT corrections; comments SERVICES DEPARTMENT 8-2-04; published 6-2-04 due by 8-6-04; published Centers for Medicare & National Park Service [FR 04-11957] 7-7-04 [FR 04-15353] Medicaid Services Special regulations: Eurocopter Deutschland; Water pollution; effluent Medicare: Delaware Water Gap comments due by 8-2-04; guidelines for point source Home health prospective National Recreation Area, published 6-2-04 [FR 04- categories: payment system; 2005 CY PA and NJ; U.S. Route 12443]

VerDate jul 14 2003 22:45 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\26JYCU.LOC 26JYCU vi Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids

Airworthiness standards: 04; published 6-3-04 session of Congress which S. 1167/P.L. 108–279 Special conditions— [FR 04-12410] have become Federal laws. It To resolve boundary conflicts Boeing Model 767-2AX TREASURY DEPARTMENT may be used in conjunction with ‘‘PLUS’’ (Public Laws in Barry and Stone Counties airplane; comments due Internal Revenue Service Update Service) on 202–741– in the State of Missouri. (July by 8-2-04; published 6- Income taxes: 22, 2004; 118 Stat. 872) 16-04 [FR 04-13580] 6043. This list is also Disallowance of interest Dassault Mystere Falcon available online at http:// Last List July 23, 2004 expense deductions; Model 20-C5, -D5, -E5, www.archives.gov/ special consolidated return -F5 and Fanjet Falcon federal—register/public—laws/ rules; comments due by Model C, D, E, F series public—laws.html. 8-5-04; published 5-7-04 airplanes; comments Public Laws Electronic [FR 04-10477] The text of laws is not due by 8-2-04; published in the Federal Notification Service Multi-party financing published 7-2-04 [FR Register but may be ordered (PENS) 04-15036] arrangements; comments in ‘‘slip law’’ (individual Learjet Model 35, 35A, due by 8-5-04; published pamphlet) form from the 36, 36A series 5-7-04 [FR 04-10476] Superintendent of Documents, airplanes; comments Stock or securities in U.S. Government Printing PENS is a free electronic mail due by 8-5-04; exchange for, or with Office, Washington, DC 20402 notification service of newly published 7-6-04 [FR respect to, stock or (phone, 202–512–1808). The enacted public laws. To 04-15037] securities in certain text will also be made subscribe, go to http:// transactions; determination available on the Internet from listserv.gsa.gov/archives/ TRANSPORTATION publaws-l.html DEPARTMENT of basis; comments due GPO Access at http:// by 8-2-04; published 5-3- National Highway Traffic www.gpoaccess.gov/plaws/ 04 [FR 04-10009] Note: This service is strictly Safety Administration index.html. Some laws may not yet be available. for E-mail notification of new Motor vehicle safety laws. The text of laws is not standards: LIST OF PUBLIC LAWS H.R. 3846/P.L. 108–278 available through this service. Occupant crash protection— Tribal Forest Protection Act of PENS cannot respond to Seat belt assemblies; This is a continuing list of 2004 (July 22, 2004; 118 Stat. specific inquiries sent to this comments due by 8-2- public bills from the current 868) address.

VerDate jul 14 2003 22:45 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4712 Sfmt 4711 E:\FR\FM\26JYCU.LOC 26JYCU Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids vii

CFR CHECKLIST Title Stock Number Price Revision Date 13 ...... (869–052–00038–8) ...... 55.00 Jan. 1, 2004 This checklist, prepared by the Office of the Federal Register, is 14 Parts: published weekly. It is arranged in the order of CFR titles, stock 1–59 ...... (869–052–00039–6) ...... 63.00 Jan. 1, 2004 numbers, prices, and revision dates. 60–139 ...... (869–052–00040–0) ...... 61.00 Jan. 1, 2004 An asterisk (*) precedes each entry that has been issued since last 140–199 ...... (869–052–00041–8) ...... 30.00 Jan. 1, 2004 week and which is now available for sale at the Government Printing 200–1199 ...... (869–052–00042–6) ...... 50.00 Jan. 1, 2004 Office. 1200–End ...... (869–052–00043–4) ...... 45.00 Jan. 1, 2004 A checklist of current CFR volumes comprising a complete CFR set, 15 Parts: also appears in the latest issue of the LSA (List of CFR Sections 0–299 ...... (869–052–00044–2) ...... 40.00 Jan. 1, 2004 Affected), which is revised monthly. 300–799 ...... (869–052–00045–1) ...... 60.00 Jan. 1, 2004 800–End ...... (869–052–00046–9) ...... 42.00 Jan. 1, 2004 The CFR is available free on-line through the Government Printing Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 16 Parts: index.html. For information about GPO Access call the GPO User 0–999 ...... (869–052–00047–7) ...... 50.00 Jan. 1, 2004 Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 1000–End ...... (869–052–00048–5) ...... 60.00 Jan. 1, 2004 The annual rate for subscription to all revised paper volumes is 17 Parts: $1195.00 domestic, $298.75 additional for foreign mailing. 1–199 ...... (869–052–00050–7) ...... 50.00 Apr. 1, 2004 Mail orders to the Superintendent of Documents, Attn: New Orders, *200–239 ...... (869–052–00051–5) ...... 58.00 Apr. 1, 2004 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 240–End ...... (869–052–00052–3) ...... 62.00 Apr. 1, 2004 accompanied by remittance (check, money order, GPO Deposit 18 Parts: Account, VISA, Master Card, or Discover). Charge orders may be 1–399 ...... (869–052–00053–1) ...... 62.00 Apr. 1, 2004 telephoned to the GPO Order Desk, Monday through Friday, at (202) 400–End ...... (869–052–00054–0) ...... 26.00 Apr. 1, 2004 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders to (202) 512-2250. 19 Parts: 1–140 ...... (869–050–00054–7) ...... 60.00 Apr. 1, 2003 Title Stock Number Price Revision Date 141–199 ...... (869–050–00055–5) ...... 58.00 Apr. 1, 2003 1, 2 (2 Reserved) ...... (869–052–00001–9) ...... 9.00 4Jan. 1, 2004 200–End ...... (869–052–00057–4) ...... 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 ...... (869–052–00003–5) ...... 10.00 Jan. 1, 2004 500–End ...... (869–050–00059–8) ...... 63.00 Apr. 1, 2003 5 Parts: 21 Parts: 1–699 ...... (869–052–00004–3) ...... 60.00 Jan. 1, 2004 1–99 ...... (869–052–00061–2) ...... 42.00 Apr. 1, 2004 700–1199 ...... (869–052–00005–1) ...... 50.00 Jan. 1, 2004 100–169 ...... (869–052–00061–0) ...... 47.00 Apr. 1, 2004 1200–End ...... (869–052–00006–0) ...... 61.00 Jan. 1, 2004 170–199 ...... (869–052–00063–9) ...... 50.00 Apr. 1, 2004 200–299 ...... (869–052–00064–7) ...... 17.00 Apr. 1, 2004 6 ...... (869–052–00007–8) ...... 10.50 Jan. 1, 2004 300–499 ...... (869–050–00064–4) ...... 29.00 Apr. 1, 2003 7 Parts: 500–599 ...... (869–052–00066–3) ...... 47.00 Apr. 1, 2004 1–26 ...... (869–052–00008–6) ...... 44.00 Jan. 1, 2004 600–799 ...... (869–052–00067–1) ...... 15.00 Apr. 1, 2004 27–52 ...... (869–052–00009–4) ...... 49.00 Jan. 1, 2004 800–1299 ...... (869–052–00068–0) ...... 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 ...... (869–052–00011–6) ...... 62.00 Jan. 1, 2004 22 Parts: 300–399 ...... (869–052–00012–4) ...... 46.00 Jan. 1, 2004 1–299 ...... (869–052–00070–1) ...... 63.00 Apr. 1, 2004 400–699 ...... (869–052–00013–2) ...... 42.00 Jan. 1, 2004 300–End ...... (869–050–00070–9) ...... 44.00 Apr. 1, 2003 700–899 ...... (869–052–00014–1) ...... 43.00 Jan. 1, 2004 900–999 ...... (869–052–00015–9) ...... 60.00 Jan. 1, 2004 23 ...... (869–052–00072–8) ...... 45.00 Apr. 1, 2004 1000–1199 ...... (869–052–00016–7) ...... 22.00 Jan. 1, 2004 24 Parts: 1200–1599 ...... (869–052–00017–5) ...... 61.00 Jan. 1, 2004 0–199 ...... (869–050–00072–5) ...... 58.00 Apr. 1, 2003 1600–1899 ...... (869–052–00018–3) ...... 64.00 Jan. 1, 2004 200–499 ...... (869–050–00073–3) ...... 50.00 Apr. 1, 2003 1900–1939 ...... (869–052–00019–1) ...... 31.00 Jan. 1, 2004 500–699 ...... (869–052–00075–2) ...... 30.00 Apr. 1, 2004 1940–1949 ...... (869–052–00020–5) ...... 50.00 Jan. 1, 2004 700–1699 ...... (869–050–00075–0) ...... 61.00 Apr. 1, 2003 1950–1999 ...... (869–052–00021–3) ...... 46.00 Jan. 1, 2004 1700–End ...... (869–052–00077–9) ...... 30.00 Apr. 1, 2004 2000–End ...... (869–052–00022–1) ...... 50.00 Jan. 1, 2004 25 ...... (869–050–00077–6) ...... 63.00 Apr. 1, 2003 8 ...... (869–052–00023–0) ...... 63.00 Jan. 1, 2004 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–050–00078–4) ...... 49.00 Apr. 1, 2003 1–199 ...... (869–052–00024–8) ...... 61.00 Jan. 1, 2004 §§ 1.61–1.169 ...... (869–050–00079–2) ...... 63.00 Apr. 1, 2003 200–End ...... (869–052–00025–6) ...... 58.00 Jan. 1, 2004 §§ 1.170–1.300 ...... (869–052–00081–7) ...... 60.00 Apr. 1, 2004 10 Parts: §§ 1.301–1.400 ...... (869–050–00081–4) ...... 46.00 Apr. 1, 2003 1–50 ...... (869–052–00026–4) ...... 61.00 Jan. 1, 2004 §§ 1.401–1.440 ...... (869–052–00083–3) ...... 62.00 Apr. 1, 2004 51–199 ...... (869–052–00027–2) ...... 58.00 Jan. 1, 2004 §§ 1.441–1.500 ...... (869–052–00084–1) ...... 57.00 Apr. 1, 2004 200–499 ...... (869–052–00028–1) ...... 46.00 Jan. 1, 2004 §§ 1.501–1.640 ...... (869–052–00085–0) ...... 49.00 Apr. 1, 2004 500–End ...... (869–052–00029–9) ...... 62.00 Jan. 1, 2004 §§ 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 ...... (869–050–00088–1) ...... 61.00 Apr. 1, 2003 1–199 ...... (869–052–00031–1) ...... 34.00 Jan. 1, 2004 §§ 1.1401–1.1503–2A .... (869–050–00089–0) ...... 50.00 Apr. 1, 2003 200–219 ...... (869–052–00032–9) ...... 37.00 Jan. 1, 2004 §§ 1.1551–End ...... (869–052–00091–4) ...... 55.00 Apr. 1, 2004 220–299 ...... (869–052–00033–7) ...... 61.00 Jan. 1, 2004 2–29 ...... (869–052–00092–2) ...... 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 ...... (869–052–00035–3) ...... 39.00 Jan. 1, 2004 40–49 ...... (869–052–00094–9) ...... 28.00 Apr. 1, 2004 600–899 ...... (869–052–00036–1) ...... 56.00 Jan. 1, 2004 50–299 ...... (869–050–00094–6) ...... 41.00 Apr. 1, 2003 900–End ...... (869–052–00037–0) ...... 50.00 Jan. 1, 2004 300–499 ...... (869–052–00096–5) ...... 61.00 Apr. 1, 2004

VerDate jul 14 2003 22:47 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\26JYCL.LOC 26JYCL viii Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–050–00096–2) ...... 12.00 5Apr. 1, 2003 72–80 ...... (869–050–00149–7) ...... 61.00 July 1, 2003 600–End ...... (869–050–00097–1) ...... 17.00 Apr. 1, 2003 81–85 ...... (869–050–00150–1) ...... 50.00 July 1, 2003 27 Parts: 86 (86.1–86.599–99) ...... (869–050–00151–9) ...... 57.00 July 1, 2003 86 (86.600–1–End) ...... 1–199 ...... (869–050–00098–9) ...... 63.00 Apr. 1, 2003 (869–050–00152–7) 50.00 July 1, 2003 ...... (869–050–00153–5) ...... 60.00 July 1, 2003 200–End ...... (869–052–00100–7) ...... 21.00 Apr. 1, 2004 87–99 100–135 ...... (869–050–00154–3) ...... 43.00 July 1, 2003 28 Parts: ...... 136–149 ...... (869–150–00155–1) ...... 61.00 July 1, 2003 0–42 ...... (869–050–00100–4) ...... 61.00 July 1, 2003 150–189 ...... (869–050–00156–0) ...... 49.00 July 1, 2003 43–End ...... (869–050–00101–2) ...... 58.00 July 1, 2003 190–259 ...... (869–050–00157–8) ...... 39.00 July 1, 2003 29 Parts: 260–265 ...... (869–050–00158–6) ...... 50.00 July 1, 2003 0–99 ...... (869–050–00102–1) ...... 50.00 July 1, 2003 266–299 ...... (869–050–00159–4) ...... 50.00 July 1, 2003 100–499 ...... (869–050–00103–9) ...... 22.00 July 1, 2003 300–399 ...... (869–050–00160–8) ...... 42.00 July 1, 2003 500–899 ...... (869–050–00104–7) ...... 61.00 July 1, 2003 400–424 ...... (869–050–00161–6) ...... 56.00 July 1, 2003 900–1899 ...... (869–050–00105–5) ...... 35.00 July 1, 2003 425–699 ...... (869–050–00162–4) ...... 61.00 July 1, 2003 1900–1910 (§§ 1900 to 700–789 ...... (869–050–00163–2) ...... 61.00 July 1, 2003 1910.999) ...... (869–050–00106–3) ...... 61.00 July 1, 2003 790–End ...... (869–050–00164–1) ...... 58.00 July 1, 2003 1910 (§§ 1910.1000 to 41 Chapters: end) ...... (869–050–00107–1) ...... 46.00 July 1, 2003 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–050–00108–0) ...... 30.00 July 1, 2003 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1926 ...... (869–050–00109–8) ...... 50.00 July 1, 2003 3–6 ...... 14.00 3 July 1, 1984 1927–End ...... (869–050–00110–1) ...... 62.00 July 1, 2003 7 ...... 6.00 3 July 1, 1984 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–050–00111–0) ...... 57.00 July 1, 2003 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–050–00112–8) ...... 50.00 July 1, 2003 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–050–00113–6) ...... 57.00 July 1, 2003 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 0–199 ...... (869–050–00114–4) ...... 40.00 July 1, 2003 19–100 ...... 13.00 3 July 1, 1984 200–End ...... (869–050–00115–2) ...... 64.00 July 1, 2003 1–100 ...... (869–050–00165–9) ...... 23.00 7July 1, 2003 32 Parts: 101 ...... (869–050–00166–7) ...... 24.00 July 1, 2003 1–39, Vol. I ...... 15.00 2 July 1, 1984 102–200 ...... (869–050–00167–5) ...... 50.00 July 1, 2003 1–39, Vol. II ...... 19.00 2 July 1, 1984 201–End ...... (869–050–00168–3) ...... 22.00 July 1, 2003 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–050–00116–1) ...... 60.00 July 1, 2003 1–399 ...... (869–050–00169–1) ...... 60.00 Oct. 1, 2003 191–399 ...... (869–050–00117–9) ...... 63.00 July 1, 2003 400–429 ...... (869–050–00170–5) ...... 62.00 Oct. 1, 2003 400–629 ...... (869–050–00118–7) ...... 50.00 July 1, 2003 430–End ...... (869–050–00171–3) ...... 64.00 Oct. 1, 2003 630–699 ...... (869–050–00119–5) ...... 37.00 7July 1, 2003 700–799 ...... (869–050–00120–9) ...... 46.00 July 1, 2003 43 Parts: 800–End ...... (869–050–00121–7) ...... 47.00 July 1, 2003 1–999 ...... (869–050–00172–1) ...... 55.00 Oct. 1, 2003 1000–end ...... (869–050–00173–0) ...... 62.00 Oct. 1, 2003 33 Parts: 1–124 ...... (869–050–00122–5) ...... 55.00 July 1, 2003 44 ...... (869–050–00174–8) ...... 50.00 Oct. 1, 2003 125–199 ...... (869–050–00123–3) ...... 61.00 July 1, 2003 45 Parts: 200–End ...... (869–050–00124–1) ...... 50.00 July 1, 2003 1–199 ...... (869–050–00175–6) ...... 60.00 Oct. 1, 2003 34 Parts: 200–499 ...... (869–050–00176–4) ...... 33.00 Oct. 1, 2003 1–299 ...... (869–050–00125–0) ...... 49.00 July 1, 2003 500–1199 ...... (869–050–00177–2) ...... 50.00 Oct. 1, 2003 300–399 ...... (869–050–00126–8) ...... 43.00 7July 1, 2003 1200–End ...... (869–050–00178–1) ...... 60.00 Oct. 1, 2003 400–End ...... (869–050–00127–6) ...... 61.00 July 1, 2003 46 Parts: 35 ...... (869–050–00128–4) ...... 10.00 6July 1, 2003 1–40 ...... (869–050–00179–9) ...... 46.00 Oct. 1, 2003 41–69 ...... (869–050–00180–2) ...... 39.00 Oct. 1, 2003 36 Parts 70–89 ...... (869–050–00181–1) ...... 14.00 Oct. 1, 2003 1–199 ...... (869–050–00129–2) ...... 37.00 July 1, 2003 90–139 ...... (869–050–00182–9) ...... 44.00 Oct. 1, 2003 200–299 ...... (869–050–00130–6) ...... 37.00 July 1, 2003 140–155 ...... (869–050–00183–7) ...... 25.00 Oct. 1, 2003 300–End ...... (869–050–00131–4) ...... 61.00 July 1, 2003 156–165 ...... (869–050–00184–5) ...... 34.00 Oct. 1, 2003 37 ...... (869–050–00132–2) ...... 50.00 July 1, 2003 166–199 ...... (869–050–00185–3) ...... 46.00 Oct. 1, 2003 200–499 ...... (869–050–00186–1) ...... 39.00 Oct. 1, 2003 38 Parts: 500–End ...... (869–050–00187–0) ...... 25.00 Oct. 1, 2003 0–17 ...... (869–050–00133–1) ...... 58.00 July 1, 2003 18–End ...... (869–050–00134–9) ...... 62.00 July 1, 2003 47 Parts: 0–19 ...... (869–050–00188–8) ...... 61.00 Oct. 1, 2003 39 ...... (869–050–00135–7) ...... 41.00 July 1, 2003 20–39 ...... (869–050–00189–6) ...... 45.00 Oct. 1, 2003 40 Parts: 40–69 ...... (869–050–00190–0) ...... 39.00 Oct. 1, 2003 1–49 ...... (869–050–00136–5) ...... 60.00 July 1, 2003 70–79 ...... (869–050–00191–8) ...... 61.00 Oct. 1, 2003 50–51 ...... (869–050–00137–3) ...... 44.00 July 1, 2003 80–End ...... (869–050–00192–6) ...... 61.00 Oct. 1, 2003 52 (52.01–52.1018) ...... (869–050–00138–1) ...... 58.00 July 1, 2003 48 Chapters: 52 (52.1019–End) ...... (869–050–00139–0) ...... 61.00 July 1, 2003 1 (Parts 1–51) ...... (869–050–00193–4) ...... 63.00 Oct. 1, 2003 53–59 ...... (869–050–00140–3) ...... 31.00 July 1, 2003 1 (Parts 52–99) ...... (869–050–00194–2) ...... 50.00 Oct. 1, 2003 60 (60.1–End) ...... (869–050–00141–1) ...... 58.00 July 1, 2003 2 (Parts 201–299) ...... (869–050–00195–1) ...... 55.00 Oct. 1, 2003 60 (Apps) ...... (869–050–00142–0) ...... 51.00 8July 1, 2003 3–6 ...... (869–050–00196–9) ...... 33.00 Oct. 1, 2003 61–62 ...... (869–050–00143–8) ...... 43.00 July 1, 2003 7–14 ...... (869–050–00197–7) ...... 61.00 Oct. 1, 2003 63 (63.1–63.599) ...... (869–050–00144–6) ...... 58.00 July 1, 2003 15–28 ...... (869–050–00198–5) ...... 57.00 Oct. 1, 2003 63 (63.600–63.1199) ...... (869–050–00145–4) ...... 50.00 July 1, 2003 29–End ...... (869–050–00199–3) ...... 38.00 9Oct. 1, 2003 63 (63.1200–63.1439) .... (869–050–00146–2) ...... 50.00 July 1, 2003 63 (63.1440–End) ...... (869–050–00147–1) ...... 64.00 July 1, 2003 49 Parts: 64–71 ...... (869–050–00148–9) ...... 29.00 July 1, 2003 1–99 ...... (869–050–00200–1) ...... 60.00 Oct. 1, 2003

VerDate jul 14 2003 22:47 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\26JYCL.LOC 26JYCL Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Reader Aids ix

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

VerDate jul 14 2003 22:47 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4721 Sfmt 4721 E:\FR\FM\26JYCL.LOC 26JYCL