1–18–05 Tuesday Vol. 70 No. 11 Jan. 18, 2005

Pages 2797–2926

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i II Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005

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Contents Federal Register Vol. 70, No. 11

Tuesday, January 18, 2005

Agricultural Research Service Education Department NOTICES NOTICES Inventions, Government-owned; availability for licensing, Agency information collection activities; proposals, 2842 submissions, and approvals, 2856–2857 Meetings: Agriculture Department Special Education and Rehabilitative Services Office, See Agricultural Research Service 2857–2858 See Food Safety and Inspection Service See Forest Service Election Assistance Commission See Grain Inspection, Packers and Stockyards NOTICES Administration Meetings; Sunshine Act, 2858 See Rural Utilities Service NOTICES Energy Department Reports and guidance documents; availability, etc.: See Western Area Power Administration Farm Service Agency; county committee elections; Engineers Corps uniform guidelines, 2837–2842 NOTICES Environmental statements; notice of intent: Alcohol and Tobacco Tax and Trade Bureau Marin County, CA; Hamilton Wetland Restoration RULES dredged material transfer facility, 2855–2856 Alcohol; viticultural area designations: Meetings: McMinnville, Yamhill County, OR, 2801–2805 Chief of Engineers Environmental Advisory Board, 2856 Alcoholic beverages: Dried fruit and honey wine production, 2799–2801 Environmental Protection Agency RULES Alcohol, Tobacco, Firearms, and Explosives Bureau Water pollution control: NOTICES Ocean dumping; designation of sites— Agency information collection activities; proposals, Palm Beach and Port Everglades Harbor, FL, 2808–2817 submissions, and approvals, 2882–2883 PROPOSED RULES Water pollution control: Army Department National Pollutant Discharge Elimination System See Engineers Corps (NPDES)— Storm water discharges for oil and gas construction Coast Guard activity disturbing 1 to 5 acres of land; RULES postponement, 2832–2836 Ports and waterways safety: NOTICES Potomac and Anacostia Rivers, DC and VA; security Air pollution control: zone, 2806–2808 California pollution control standards— Zero Emission Vehicle regulation amendments; public Commerce Department hearing and comments request, 2860–2861 See Foreign-Trade Zones Board Executive Office of the President See International Trade Administration See Management and Budget Office See National Oceanic and Atmospheric Administration See Presidential Documents NOTICES See Trade Representative, Office of United States Voting age population (2004); estimates, 2849–2850 NOTICES Meetings: Commodity Futures Trading Commission Intelligence Capabilities of the United States Regarding NOTICES Weapons of Mass Destruction Commission, 2862 Agency information collection activities; proposals, submissions, and approvals, 2854–2855 Federal Aviation Administration RULES Defense Department Procedural rules: See Engineers Corps Investigative and enforcement procedures; civil penalty NOTICES assessment procedures; correction Meetings: Correction, 2925 Science Board task forces, 2855 PROPOSED RULES Aircraft: Drug Enforcement Administration Raytheon Aircraft Co.; owners and operators to discuss NOTICES technical issues and corrective actions to ensure Reports and guidance documents; availability, etc.: continued safety; public meeting, 2825–2826 Dispensing of Controlled Substances for Treatment of Airworthiness directives: Pain; comment request, 2883 Boeing, 2826–2829

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Federal Communications Commission See National Institutes of Health NOTICES Agency information collection activities; proposals, Homeland Security Department submissions, and approvals, 2862–2865 See Coast Guard See Federal Emergency Management Agency Federal Emergency Management Agency RULES Indian Affairs Bureau Flood insurance; communities eligible for sale: NOTICES Delaware and Ohio, 2817–2819 Land acquisitions in trust: NOTICES Suquamish Tribe of Washington, 2880–2881 Agency information collection activities; proposals, submissions, and approvals, 2875–2876 Inter-American Foundation Grants and cooperative agreements; availability, etc.: NOTICES Cooperating Technical Partners Program, 2876–2879 Meetings; Sunshine Act, 2879

Federal Highway Administration Interior Department NOTICES See Fish and Wildlife Service Environmental statements; notice of intent: See Indian Affairs Bureau Addison and Rutland Counties, VT, 2922 New Hanover County, NC, 2922–2923 International Trade Administration NOTICES Federal Reserve System Antidumping: NOTICES Polyethylene terephthalate film, sheet and strip from— Banks and bank holding companies: India, 2851 Formations, acquisitions, and mergers, 2865 Cheese quota; foreign government subsidies: Permissible nonbanking activities, 2865 Annual list, 2852 Meetings: Fish and Wildlife Service Environmental Technologies Trade Advisory Committee, NOTICES 2852–2853 Environmental statements; availability, etc.: Exporters’ Textile Advisory Committee, 2853 Recovery plans— Mobile Basin aquatic snails, 2879–2880 International Trade Commission NOTICES Food and Drug Administration Import investigations: RULES Electric robots and component parts thereof, 2881 Freedom of Information Act; implementation; withdrawn, Solid urea from— 2799 Russia and Ukraine, 2881–2882 Meetings; Sunshine Act, 2882 Food Safety and Inspection Service NOTICES Justice Department Meetings: See Alcohol, Tobacco, Firearms, and Explosives Bureau Codex Alimentarius Commission— See Drug Enforcement Administration Food Hygiene Codex Committee, 2842–2843 Management and Budget Office Foreign-Trade Zones Board NOTICES NOTICES Federal Activities Reform Act of 1998; implementation: Applications, hearings, determinations, etc.: Agency Inventories of Activities that are and are not Oregon— Inherently Governmental; availability, 2907–2908 Epson Portland Inc.; inkjet cartridge warehousing and manufacturing, 2850–2851 National Aeronautics and Space Administration Texas— NOTICES Turbomeca USA; helicopter engine repair and Meetings: manufacturing facilities, 2851 Exploration Transportation System Strategic Roadmap Committee, 2883–2884 Forest Service Solar System Exploration Strategic Roadmap Committee, NOTICES 2884 Meetings: Resource Advisory Committees— National Institutes of Health Flathead County, 2843 NOTICES Sierra County, 2844 Meetings: National Cancer Institute, 2866 Grain Inspection, Packers and Stockyards Administration National Center for Research Resources, 2866–2867 NOTICES National Heart, Lung, and Blood Institute, 2867–2868 Agency designation actions: National Human Genome Research Institute, 2868 California, 2844 National Institute of Allergy and Infectious Diseases, 2868–2869 Health and Human Services Department National Institute of Child Health and Human See Food and Drug Administration Development, 2869–2870

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National Institute of Mental Health, 2868–2869 Fixed Income Clearing Corp., 2911–2915 National Institute of Neurological Disorders and Stroke, International Securities Exchange, Inc., 2915–2916 2870 National Association of Securities Dealers, Inc., 2917– National Library of Medicine, 2870–2871 2918 Scientific Review Center, 28717–2875 Pacific Exchange, Inc., 2918 Warren Grant Magnuson Clinical Center Board of Applications, hearings, determinations, etc.: Scientific Counselors, 2875 Corautus Genetics, Inc., 2908 Edison International, 2908–2909 National Oceanic and Atmospheric Administration Southern California Edison Co., 2909 RULES Fishery conservation and management: Northeastern United States fisheries— Social Security Administration Atlantic sea scallop and northeast multispecies, 2821– NOTICES 2824 Agency information collection activities; proposals, Northeast multispecies; yellowtail flounder and cod, submissions, and approvals, 2918–2921 2820–2821 Summer flounder, scup and black sea bass; correction, Surface Transportation Board 2820 NOTICES NOTICES Meetings; Sunshine Act, 2923 Environmental statements; availability, etc.: Railroad services abandonment: Washington Coastal Zone Management Program; revised Norfolk Southern Railway Co., 2923–2924 Shoreline Master Program Guidelines Rule; incorporation; meetings; correction, 2853 Permits: Trade Representative, Office of United States Endangered and threatened species, 2853–2854 NOTICES Andean Trade Preference Act: National Science Foundation 2004 and annual review, 2921–2922 NOTICES Environmental statements; record of decision: Antarctic activities, 2884 Transportation Department See Federal Aviation Administration Nuclear Regulatory Commission See Federal Highway Administration NOTICES See Surface Transportation Board Meetings: RULES Reactor Safeguards Advisory Committee, 2885–2886 Organization, functions, and authority delegations: Operating licenses, amendments; no significant hazards Transportation Deputy Secretary et al., 2819–2820 considerations; biweekly notices, 2886–2907 Applications, hearings, determinations, etc.: Treasury Department Veterans Affairs Department; Alan J. Blotcky Reactor See Alcohol and Tobacco Tax and Trade Bureau Facility, Omaha, NE, 2885 RULES Privacy Act: Office of Management and Budget Systems of records; implementation, 2805–2806 See Management and Budget Office PROPOSED RULES Terrorism Risk Insurance Program: Office of United States Trade Representative Additional claims issues; insurer affiliations, 2830–2832 See Trade Representative, Office of United States NOTICES Agency information collection activities; proposals, Presidential Documents submissions, and approvals, 2924 PROCLAMATIONS Bonds, Treasury: Special observances: 10 percent bonds (2005-2010); call for redemption, 2924 National Mentoring Month (Proc. 7861), 2797

Rural Utilities Service Western Area Power Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Power rate adjustments: Distance Learning and Telemedicine Loan and Grant Salt Lake City Area Integrated Projects, 2858–2859 Program, 2844–2849

Securities and Exchange Commission PROPOSED RULES Reader Aids Securities: Consult the Reader Aids section at the end of this issue for Self-regulatory organizations; governance, administration, phone numbers, online resources, finding aids, reminders, transparency and ownership, and reporting and notice of recently enacted public laws. requirements, 2829 To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Self-regulatory organizations; proposed rule changes: listserv.access.gpo.gov and select Online mailing list American Stock Exchange LLC; correction, 2925 archives, FEDREGTOC-L, Join or leave the list (or change Chicago Board Options Exchange, Inc., 2910–2911 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7861...... 2797 14 CFR 13...... 2925 Proposed Rules: 39 (2 documents) ....2825, 2826 17 CFR Proposed Rules: 240...... 2829 242...... 2829 249...... 2829 21 CFR 20...... 2799 27 CFR 4...... 2799 9...... 2801 24...... 2799 31 CFR 1...... 2805 Proposed Rules: 50...... 2830 33 CFR 165...... 2806 40 CFR 228...... 2808 Proposed Rules: 122...... 2832 44 CFR 64...... 2817 49 CFR 1...... 2819 50 CFR 648 (3 documents) ...... 2820, 2821

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Federal Register Presidential Documents Vol. 70, No. 11

Tuesday, January 18, 2005

Title 3— Proclamation 7861 of January 12, 2005

The President National Mentoring Month, 2005

By the President of the United States of America

A Proclamation All Americans are grateful for the special people who played a positive role in their childhood. Whether a relative, teacher, coach, or community leader, a dedicated mentor can profoundly change a young person’s life. During National Mentoring Month, we recognize the role models who have influenced lives, and we continue to support programs that help the young people of America. Mentoring programs pair a child in need with a caring adult who can help that child understand the importance of making the right choices in life. It is one of the best ways to send young people the right messages. Through friendship and encouragement, mentors can help prepare young Americans for a hopeful future. My Administration has supported mentoring programs for young people at risk. In August 2004, my Administration made available over $45 million in grants to help provide mentors for children with parents in prison. In addition, my Administration provided $48 million in school-based grants in 2004 to provide at-risk youth with mentors to assist them in the successful transition from elementary to secondary school. One mentor can change a life forever. I encourage all of our citizens to dedicate their time and talents to mentoring a young person. By providing help and hope to our youth, mentors help foster a more compassionate society that values every life and leaves no child behind. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim January 2005 as National Mentoring Month. I call upon the people of the United States to recognize the importance of mentoring, to look for opportunities to serve as mentors in their communities, and to celebrate this month with appropriate activities and programs. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of January, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and twenty-ninth. W

[FR Doc. 05–1036 Filed 1–14–05; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 70, No. 11

Tuesday, January 18, 2005

This section of the FEDERAL REGISTER DEPARTMENT OF THE TREASURY with the exception of the addition of contains regulatory documents having general hops to honey wine; or applicability and legal effect, most of which Alcohol and Tobacco Tax and Trade • The blending of wines from are keyed to and codified in the Code of Bureau different agricultural commodities. Federal Regulations, which is published under The Alcohol and Tobacco Tax and 50 titles pursuant to 44 U.S.C. 1510. 27 CFR Parts 4 and 24 Trade Bureau (TTB) is responsible for The Code of Federal Regulations is sold by [T.D. TTB–23; Ref. Notice No. 13] the administration of the IRC provisions the Superintendent of Documents. Prices of that relate to alcohol beverages, new books are listed in the first FEDERAL RIN 1513–AC21 including wine. Part 24 of the TTB REGISTER issue of each week. regulations (27 CFR part 24) addresses Production of Dried Fruit and Honey the IRC provisions pertaining to wine Wines (2001R–136P) and contains, in subpart I, Production of DEPARTMENT OF HEALTH AND AGENCY: Alcohol and Tobacco Tax and Agricultural Wine, regulations that HUMAN SERVICES Trade Bureau, Treasury. implement the provisions of IRC § 5387. Food and Drug Administration ACTION: Treasury decision; final rule. Requirements SUMMARY: The Alcohol and Tobacco Tax Subpart I concerns the production of 21 CFR Part 20 and Trade Bureau (TTB) makes two agricultural wines. Sections 24.202 and amendments to its regulations in 24.203 specifically address dried fruit [Docket No. 2004N–0214] response to two petitions submitted by wine and honey wine, respectively, and producers of raisin and honey wines. § 24.204 addresses requirements for all Public Information Regulations; One amendment allows the production agricultural wines other than dried fruit Withdrawal of dried fruit wines with an alcohol by and honey wines. These sections volume content of more than 14 percent. prohibit the production of any AGENCY: Food and Drug Administration, agricultural wine with an alcohol HHS. The other amendment lowers the minimum starting Brix of 22 degrees to content of more than 14 percent by ACTION: Direct final rule; withdrawal. 13 degrees in the production of honey volume following complete wines. In addition, TTB corrects a fermentation or complete fermentation SUMMARY: The Food and Drug technical error in the wine labeling and sweetening. The IRC does not Administration (FDA) published in the regulations by raising the maximum specify this limitation, which has been Federal Register of September 2, 2004, limit on alcohol content derived from in the regulations since 1954. Rather, a direct final rule to incorporate fermentation from 13 to 14 percent for the limitation derives from the law’s exemptions one, two, and three of the ameliorated agricultural wines. ‘‘good commercial practice’’ standard. Freedom of Information Act (FOIA) into Sections 24.202, 24.203, and 24.204 EFFECTIVE DATE: March 21, 2005. FDA’s public information regulations. also contain limits on degrees Brix prior The purpose was to implement more FOR FURTHER INFORMATION CONTACT: to fermentation for agricultural wines. comprehensively the exemptions Jennifer Berry of the Alcohol and Brix is the quantity of dissolved solids contained in FOIA. The comment Tobacco Tax and Trade Bureau, in a wine expressed as grams of sucrose period closed November 16, 2004. FDA Regulations and Procedures Division, at in 100 grams of solution at 60 degrees is withdrawing the direct final rule P.O. Box 18152, Roanoke, VA 24014; or Fahrenheit, that is, the percent of sugar because the agency received significant telephone (540) 344–9333. by weight stated in degrees. The adverse comment. SUPPLEMENTARY INFORMATION: regulations permit the addition of water during the production of agricultural DATES: The direct final rule published at Background wines, to facilitate fermentation, as long 69 FR 53615 (September 2, 2004), is TTB Authority as the density of the fermenting mixture withdrawn as of January 13, 2005. Section 5387 of the Internal Revenue is not reduced below 22 degrees Brix. FOR FURTHER INFORMATION CONTACT: Code of 1986 (IRC), 26 U.S.C. 5387, The 22 degree limit, like that on alcohol Betty B. Dorsey, Division of Freedom of provides that wines made from content discussed above, was placed in Information (HFI–35), Food and Drug agricultural products other than the the wine regulations in 1954 and is Administration, 5600 Fishers Lane, juice of fruit must be made ‘‘in based on ‘‘good commercial practice’’ Rockville, MD 20857, 301–827–6567. accordance with good commercial standards and not on specific statutory Authority: Therefore, under the Federal practice’’ as may be prescribed by the language. Food, Drug, and Cosmetic Act and under Secretary of the Treasury by regulation. Petitions authority delegated to the Commissioner of Under this statutory provision, wines Food and Drugs, the direct final rule Dried Fruit Wine Petition published on September 2, 2004 (69 FR made according to those regulations are 53615), is withdrawn. classed as ‘‘ ‘standard agricultural Bruno and George Wines, Inc., of wines.’ ’’ However, § 5387 precludes the Beaumont, Texas, petitioned TTB to Dated: January 11, 2005. following production processes: amend § 24.202 to allow for the Jeffrey Shuren, • The addition of wine spirits to production of a standard dried fruit Assistant Commissioner for Policy. agricultural wines; wine that contains more than 14 percent [FR Doc. 05–955 Filed 1–13–05; 9:55 am] • The addition of coloring or alcohol by volume. Because of the BILLING CODE 4160–01–S flavoring materials to agricultural wines, current prohibition in § 24.202 against

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dried fruit wines with a higher alcohol enables the setting up by regulations of imported products. In addition, content, we now classify such wines as standards of agricultural wines after customer preference drives the Other Than Standard Wine (OTSW) experience has shown to what extent importation of these dried fruit dessert under 27 CFR 24.210. provisions of law relating to natural wines should be considered applicable. Uniform wines, which is evidence that the higher Shawn Bruno, president of Bruno and limitations cannot be prescribed for all alcohol content represents a good George Wines, Inc., wishes to produce agricultural wines. Limitations consistent commercial practice. and market a raisin wine made with good commercial practices in respect to We also were unable to document a according to his grandfather’s the production of rice wines could not be reason for the 22 degrees Brix traditional Sicilian recipe. The resulting prescribed for other wines, such as honey limitation, but we believe it derives wine would have an alcohol content wine, rhubarb wine, etc. (H.R. Rep. 1337, from the limitations placed on grape greater than 14 percent alcohol by 83rd Cong., 2nd Sess. (1954), reprinted 1954 U.S. Code Cong. & Admin. News 3, 4518.) and fruit natural wines. IRC § 5382(b)(1) volume, and Mr. Bruno argues that his (26 U.S.C. 5382(b)(1)) states, in this wine can be classified as a dessert wine. This explanation shows that the law regard, that the juice or must of grape Upon lifting this prohibition, Mr. recognizes that agricultural wines are and fruit wines may not be reduced Bruno’s wine can be classified as a unique, with production standards that with water to less than 22 degrees. It dessert raisin wine because § 4.21(f)(3) may vary significantly from one type of may be inappropriate to apply this same of the TTB regulations (27 CFR wine to another. While standards for standard to all agricultural wines, since 4.21(f)(3)) allows designation of natural wine (wines made from sound, source products such as honey, raisins, agricultural wines as agricultural dessert ripe grapes or other sound, ripe fruit) and dandelions often contain far less wines if they have an alcohol content may influence agricultural wine natural water than do grapes and other greater than 14 percent but less than 24 standards, the two can vary fruits. In these cases, vintners must add percent by volume. This provision significantly. water in order to achieve fermentation. currently only applies to imported In 1954, the Internal Revenue Service Our research into the production of products by default because domestic established regulations based on honey wines identified references to a producers are limited to the 14 percent standards of good commercial practice category of low-alcohol honey wine maximum alcohol content. at that time. Because such standards change over time as a result of technical called ‘‘hydromel.’’ The fact that a Honey Wine Petition developments and consumer recognized category already exists for a Redstone Meadery of Boulder, preferences, it is prudent to reassess lower alcohol honey wine indicates that Colorado, petitioned TTB to amend these regulations in light of current such a wine is consistent with good § 24.203 to allow for the production of industry practice and consumer commercial practice. a standard honey wine with a minimum understanding of these products. Notice of Proposed Rulemaking starting Brix of less than 22 degrees. As TTB research initiated as a result of indicated above, § 24.203 permits the these proposals failed to locate the TTB published Notice No. 13 addition of water in the production of rationale for the maximum alcohol regarding these two petition proposals honey wine to facilitate fermentation, as content limit of 14 percent for in the July 2, 2003, Federal Register (68 long as the density of the honey and agricultural wines. The initial FR 39500). We received three water mixture is not reduced below 22 implementing regulations in 1954 do comments, all of which supported the degrees Brix. We currently classify not explain why the limitation of 14 proposed amendments to the honey honey wines with a lower starting Brix percent alcohol content was determined wine regulations. Two of the as OTSW. to be a good commercial practice for commenters produce honey wine; the David Myers of Redstone Meadery agricultural wines. (See 19 FR 7642, third produces apple wine. They stated states that he wants to make a lower November 27, 1954, and 19 FR 9633, that the proposed amendments were alcohol honey wine that requires a December 31, 1954.) While the IRC consistent with producer practices and starting Brix below 22 degrees. Mr. places similar limits on sweetened grape would allow them to make better Myers argues that, because such a wine and sweetened fruit and berry wines products. One of the honey wine would still have honey as its primary (see 26 U.S.C. 5383(a) and 5384(a)), we producers suggested additional changes fermentable ingredient, we should decided that it may be unreasonable to to further liberalize the honey wine classify it as honey wine. He suggests apply standards for fruit and berry regulations. These changes were beyond that we create a new category for low- wines to all agricultural wines, since the scope of the present rulemaking. We alcohol honey wines if the minimum agricultural products typically have will, however, consider future petitions starting Brix cannot be lowered. He different requirements for fermentation. that propose additional amendments to proposes the names ‘‘light honey wine’’ Also, as noted by one of the the honey wine regulations. or ‘‘honey wine varietal’’ for this new petitioners, § 4.21(f)(3) permits a dessert Conclusion category, which would encompass wine classification for agricultural honey wines with a starting Brix of wines that are 14 to 24 percent alcohol Based on the above analysis, we between 22 degrees and 13 degrees, or by volume. Currently, producers of amend § 24.202 to remove the 14 roughly 7 percent alcohol by volume in imported agricultural wines can legally percent alcohol by volume limitation on the finished product. call their products ‘‘dessert agricultural wine produced from dried fruit. In wine,’’ and some dessert raisin wines, in addition, based on the above analysis Analysis fact, are imported into the United States. and the submitted comments, we amend Both the language of IRC § 5387 and On the other hand, because domestic § 24.203 to lower the minimum Brix its implementing regulations in 27 CFR raisin wine producers must comply from 22 degrees to 13 degrees for honey 24.202, 24.203, and 24.204 date from the with the production provisions in part wine. We also amend the latter section Internal Revenue Code of 1954. The 24, they cannot take advantage of to make it clear that vintners may add legislative history relating to § 5387 § 4.21(f)(3) and label their wines as sugar to sweeten honey wine only after includes the following passage: dessert wines. We expect that changing fermentation. This restriction ensures These wines are not specifically referred to § 24.202 will put domestic dried fruit that the alcohol in honey wine derives in existing law. This addition to the law wines on an equal footing with from honey and not from added sugar.

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During the comment period, we also Regulatory Flexibility Act Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 5044, 5061, 5062, 5081, received an informal verbal comment Pursuant to the Regulatory Flexibility from a wine industry member who felt 5111’5113, 5121, 5122, 5142, 5143, 5173, Act (5 U.S.C. 601 et seq.), we certify that 5206, 5214, 5215, 5351, 5353, 5354, 5356, that the proposed regulatory language implementation of this regulation will 5357, 5361, 5362, 5364’5373, 5381’5388, for § 24.203 was confusing. We agree not have a significant economic impact 5391, 5392, 5511, 5551, 5552, 5661, 5662, and have changed the structure of this on a substantial number of small 5684, 6065, 6091, 6109, 6301, 6302, 6311, paragraph. We have not, however, business entities. We expect no negative 6651, 6676, 7011, 7302, 7342, 7502, 7503, altered the meaning. impact on small entities and are not 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306. We do not adopt the suggestion of Mr. enacting new reporting, recordkeeping, Myers to create a separate category for or other administrative requirements. I 4. Amend § 24.202 by revising the last low-alcohol honey wines. No separate Accordingly, a regulatory flexibility sentence to read as follows: category exists for low-alcohol grape or analysis is not required. fruit wines. Therefore, we see no need § 24.202 Dried fruit. to have one for agricultural wines. Executive Order 12866 * * * After complete fermentation or Also, the terms proposed by Mr. This rule is not a significant complete fermentation and sweetening, Myers, ‘‘light honey wine’’ and ‘‘honey regulatory action, as defined in the finished product may not have a wine varietal,’’ have other connotations Executive Order 12866. Therefore, it total solids content that exceeds 35 that could cause consumer confusion requires no regulatory analysis. degrees Brix. (26 U.S.C. 5387) when they are used in labeling wines. Drafting Information I 5. Revise § 24.203 to read as follows: Section 4.21(a)(2) of the TTB regulations currently allows use of the term ‘‘light’’ The principal author of this document § 24.203 Honey wine. on labels of grape wines that are less is Jennifer Berry, Regulations and (a) Subject to paragraph (b) of this than 14 percent alcohol by volume. This Procedures Division, Alcohol and section, a winemaker, in the production authorization encompasses wines that Tobacco Tax and Trade Bureau. of wine from honey, may add the are not usually considered low-alcohol. List of Subjects following: Creating a different meaning for ‘‘light’’ (1) Water to facilitate fermentation, honey wines could confuse consumers. 27 CFR Part 4 provided the density of the honey and In addition, we feel that the consumer Advertising, Customs duties and water mixture is not reduced below 13 associates the word ‘‘varietal’’ with inspection, Imports, Labeling, Packaging degrees Brix; grape varieties, not with agricultural and containers, Reporting and (2) Hops in quantities not to exceed products. In Notice No. 13, we stated recordkeeping requirements, Trade one pound for each 1,000 pounds of that we would reconsider the creation of practices, Wine. honey; and a separate category if we received (3) Pure, dry sugar or honey for 27 CFR Part 24 sufficient comments that favor such a sweetening. Sugar may be added only change over the lowering of the Administrative practice and after fermentation is completed. minimum Brix. We received no procedure, Claims, Electronic funds (b) After complete fermentation or comments addressing this issue. transfers, Excise taxes, Exports, Food complete fermentation and sweetening, additives, Fruit juices, Labeling, the wine may not have an alcohol Technical Correction Liquors, Packaging and containers, content of more than 14 percent by While reviewing the regulations Reporting and recordkeeping volume or a total solids content that relating to agricultural wines, we noted requirements, Research, Scientific exceeds 35 degrees Brix. (26 U.S.C. a technical error in § 4.21(f)(1)(i) of the equipment, Spices and flavorings, 5387) TTB regulations, which states that Surety bonds, Vinegar, Warehouses, Signed: November 18, 2004. ameliorated agricultural wines may not Wine. Arthur J. Libertucci, have an alcohol content of more than 13 Amendments to the Regulations Administrator. percent by volume that is derived from fermentation. This 13 percent limit is I For the reasons discussed in the Approved: November 24, 2004. inconsistent with the IRC’s treatment of preamble, we amend 27 CFR parts 4 and Timothy E. Skud, other types of ameliorated wines. While 24 as follows: Deputy Assistant Secretary, (Tax, Trade, and the IRC does not contain a limit on Tariff Policy). PART 4—LABELING AND alcohol content for ameliorated [FR Doc. 05–911 Filed 1–14–05; 8:45 am] ADVERTISING OF WINE agricultural wines, it gives a 14 percent BILLING CODE 4810–31–P limit for ameliorated fruit and berry I 1. The authority citation for 27 CFR wines. Until corrected by T.D. ATF–458, part 4 continues to read as follows: §§ 4.21(d)(1)(i) and (e)(1)(i), the DEPARTMENT OF THE TREASURY standards of identity for citrus and fruit Authority: 27 U.S.C. 205, unless otherwise wines respectively, also contained an noted. Alcohol and Tobacco Tax and Trade incorrect limit of 13 percent. In order to § 4.21 [Amended] Bureau establish consistency for all classes of I 2. Amend § 4.21 by removing the wine, we amend § 4.21(f)(1)(i) to raise 27 CFR Part 9 phrase ‘‘13 percent’’ where it appears in the alcohol content limit on ameliorated the proviso in paragraph (f)(1)(i) and [TTB T.D.–22; Re: Notice No. 12] agricultural wines to 14 percent. Note adding in its place the phrase ‘‘14 that § 4.21(f)(1)(i) addresses only RIN 1513–AA63 percent’’. ameliorated agricultural wines and does Establishment of the McMinnville not prohibit the production of PART 24—WINE Viticultural Area (2002R–217P) nonameliorated agricultural wines that are greater than 14 percent alcohol by I 3. The authority citation for part 24 AGENCY: Alcohol and Tobacco Tax and volume. continues to read as follows: Trade Bureau (TTB), Treasury.

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ACTION: Final rule; Treasury decision. Requirements eliminate the 800-foot elevation Section 4.25(e)(2) of the TTB restriction, stating that he agreed with SUMMARY: This Treasury decision regulations outlines the procedure for the information presented by the establishes the McMinnville viticultural Lindsays in their comments. These area in Yamhill County, Oregon. The proposing an American viticultural area and provides that any interested party comments are addressed in more detail new McMinnville viticultural area is below in the ‘‘Boundary Evidence’’ may petition TTB to establish a grape- entirely within the existing Willamette discussion. growing region as a viticultural area. Valley viticultural area. We designate Below, we summarize the evidence viticultural areas to allow vintners to Section 9.3(b) of the TTB regulations presented in the petition. better describe the origin of their wines requires the petition to include— • Name Evidence and to allow consumers to better Evidence that the proposed identify wines they may purchase. viticultural area is locally and/or The viticultural area is named for the nationally known by the name specified city of McMinnville, the county seat of EFFECTIVE DATE: March 21, 2005. in the petition; Yamhill County, which is located at the FOR FURTHER INFORMATION CONTACT: • Historical or current evidence that northeastern border of the viticultural Jennifer Berry, Regulations and supports setting the boundary of the area. Mr. Byrd stated that the area is Procedures Division, Alcohol and proposed viticultural area as the considered part of greater McMinnville Tobacco Tax and Trade Bureau, P.O. petition specifies; and noted that most of the wineries Box 18152, Roanoke, VA 24014; • Evidence relating to the within the proposed boundaries have telephone (540) 344–9333. geographical features, such as climate, McMinnville addresses. He provided SUPPLEMENTARY INFORMATION: soils, elevation, and physical features, historical information on the name that distinguish the proposed ‘‘McMinnville’’ from ‘‘Oregon Background on Viticultural Areas viticultural area from surrounding areas; Geographic Names’’ by Lewis L. • TTB Authority A description of the specific McArthur (Oregon Historical Society, boundary of the proposed viticultural 1982). Mr. McArthur stated: Section 105(e) of the Federal Alcohol area, based on features found on United Administration Act (the FAA Act, 27 McMinnville was named by William T. States Geological Survey (USGS) maps; Newby, who was born in McMinnville, U.S.C. 201 et seq.) requires that alcohol and Warren County, Tennessee, in 1820, and beverage labels provide the consumer • A copy of the appropriate USGS came to Oregon in 1843. He settled near the with adequate information regarding a map(s) with the proposed viticultural present site of McMinnville early in 1844, product’s identity and prohibits the use area’s boundary prominently marked. and in 1853 built a grist mill and founded the of misleading information on such town. In 1854 he started a store. He was labels. The FAA Act also authorizes the McMinnville Viticultural Area Petition county assessor in 1848 and state senator in Secretary of the Treasury to issue In 2002, Mr. Kevin Byrd, of 1870. McMinville post office was established regulations to carry out its provisions. on May 29, 1855, with Elbrige G. Edson Youngberg Hill Vineyards in postmaster. The name was later changed to The Alcohol and Tobacco Tax and McMinnville, Oregon, filed a petition the present spelling. Trade Bureau (TTB) administers these requesting the establishment of a According to the petitioner, regulations. viticultural area to be called consumers know McMinnville as a Part 4 of the TTB regulations (27 CFR ‘‘McMinnville’’ in Yamhill County, wine-producing region. To demonstrate part 4) allows the establishment of Oregon. The proposed viticultural area this, he submitted several quotes from definitive viticultural areas and the use is located approximately 40 miles Internet sites. The first quote is from the of their names as appellations of origin southwest of Portland, Oregon, just west Web site of the Greater McMinnville on wine labels and in wine of the city of McMinnville and north of Chamber of Commerce; the other two advertisements. Part 9 of the TTB the village of Sheridan. The are from travel sites: regulations (27 CFR part 9) contains the McMinnville area is entirely within the • ‘‘Nestled in the heart of Oregon’s list of approved viticultural areas. existing Willamette Valley viticultural beautiful wine country, McMinnville is Definition area (27 CFR 9.90). According to the Oregon at its best.’’ (See http:// petitioner, there were 14 wineries and www.mcminnville.org/welcome.html.) Section 4.25(e)(1)(i) of the TTB 523 acres planted to vines within the • ‘‘Before gaining its glamorous regulations (27 CFR 4.25(e)(1)(i)) defines proposed McMinnville viticultural area. reputation as a wine-producing center, a viticultural area for American wine as McMinnville was known as the home of a delimited grape-growing region Notice of Proposed Rulemaking and Comments Received Linfield College * * *.’’ (See http:// distinguishable by geographical www.ohwy.com/or/m/mcminnvi.htm.) features, the boundaries of which have TTB published Notice No. 12 • ‘‘McMinnville is known for its been recognized and defined in part 9 regarding the proposed McMinnville picturesque vineyards that dot the of the regulations. These designations viticultural area in the June 27, 2003, foothills. Located in Yamhill County, allow vintners and consumers to Federal Register (68 FR 38248). Three the oldest county in Oregon, attribute a given quality, reputation, or comments were received in response to McMinnville is often compared to the other characteristic of a wine made from this notice. Two of these were from wine regions of France and Germany.’’ grapes grown in an area to its Arthur and Linda Lindsay of Mystic (See www.el.com/to/mcminnville.) geographic origin. The establishment of Mountain Vineyards in McMinnville, In addition, the petitioner noted that viticultural areas allows vintners to Oregon. The Lindsays disagreed with McMinnville is the home of the describe more accurately the origin of the exclusion of land above 800 feet in International Pinot Noir Celebration, their wines to consumers and helps elevation from the McMinnville held every July since 1987 at the consumers to identify wines they may viticultural area as the petitioner Linfield College campus. purchase. Establishment of a viticultural originally proposed. The third comment area is neither an approval nor an was from the petitioner, Kevin Byrd, Boundary Evidence endorsement by TTB of the wine who asked that TTB amend the The McMinnville viticultural area’s produced in that area. originally petitioned boundaries to boundaries encompass Gopher Valley,

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Dupee Valley, Muddy Valley, and the The petitioner, Kevin Byrd, wrote to air flows inland through this pass, surrounding hills, all geographically request that TTB amend the causing cooler, wetter growing part of the eastern foothills of the Coast McMinnville viticultural area’s conditions in areas east of the pass. Range. All land within the viticultural proposed boundary to eliminate the North and west of McMinnville, at area is above 200 feet in elevation. 800-foot elevation restriction. He stated Scoggins Dam for example, the petition According to the petitioner, this higher that he researched the information stated that the land makes a rapid elevation causes the McMinnville provided by Mr. Lindsay and found that transition to the slopes of the Coast viticultural area to have distinctive soils the degree growing days for the higher Range, which has much cooler and climate when compared to other, elevations within the McMinnville temperatures and greater rainfall. lower parts of the Willamette Valley. viticultural area are indeed comparable Soils and Geology The petitioner stated that below the to those at lower elevations. He also 200-foot elevation line the Willamette noted that the Lindsays’ vineyard has a According to the petitioner, the soils silt-based soils create growing history of producing quality grapes. and geology of the McMinnville conditions substantially different from TTB believes that the information viticultural area are different from those those in the proposed viticultural area. presented by the commenters provides in surrounding areas, thus providing The greater depth, water-holding an adequate basis for amending the distinctive growing conditions for the capacity, and fertility of soils at these McMinnville viticultural area boundary area’s grapes. To demonstrate the soil lower elevations extends the vegetative originally proposed in Notice No. 12. differences, the petitioner submitted soil period of the vine and delays ripening Accordingly, the proposed restriction survey maps published by the Soil of vineyards planted at those elevations. limiting the McMinnville viticultural Conservation Service of the U.S. The soils of the proposed viticultural area to land below 800 feet within the Department of Agriculture. Several area are described in greater detail in described boundary has been eliminated types of shallow (less than 40 inches the following section. in this final rule. All land within the deep) silty clay and clay loams that In addition, the petitioner noted that described boundary is included within exhibit low total available moisture elevations below 200 feet are more the McMinnville viticultural area characterize the McMinnville prone to frost when compared to the regardless of elevation. viticultural area. These soils, primarily higher elevations. Yamhill, Nekia, Peavine, Willakenzie, Initially, the petitioner proposed to Distinguishing Features and Hazelair, all have a typical depth to exclude from the McMinnville The petitioner asserted that the base materials of between 20 and 40 viticultural area any land above 800 feet geographic and climatic features of the inches, while the average total available in elevation falling within the proposed McMinnville viticultural area moisture for these soils ranges from 4.8 boundaries, due to climatic differences distinguish it from surrounding areas of to 6.3 inches. with land below that elevation. In the Willamette Valley. To the west and northwest of the particular, the petitioner stated that land McMinnville viticultural area, the above 800 feet within the proposed Temperature and Precipitation petition notes, the soils transition to McMinnville viticultural area According to the petitioner, the those of the Olyic and Hembre experiences fewer degree growing days McMinnville viticultural area’s location associations. While these soils are also than lower elevations do, thus just east of the Coast Range and shallow silty clay and clay loams, they preventing the reliable ripening of wine northeast of the Van Duzer Corridor tend to be acidic. To the north of the grapes. Because of the unusual nature of greatly affects its growing season McMinnville area (within another the boundary proposal, TTB specifically temperatures and precipitation. He proposed viticultural area named asked in Notice No. 12 for comments submitted temperature and precipitation Yamhill-Carlton District), a greater regarding the proposed McMinnville data from the Oregon Climate Service percentage of the soils are of the viticultural area boundaries. comparing McMinnville with two other Woodburn-Willamette association. Mystic Mountain Vineyards sites in the western Willamette Valley— These soils are of greater depth (60 submitted two comments disagreeing Dallas, Oregon, to the south of inches) and have higher available with the proposed elevation McMinnville, and Scoggins Dam, moisture (12 to 13 inches). The limitation—one signed by Linda Oregon, to the north. Woodburn-Willamette soils also Lindsay, the other by Arthur Lindsay. The submitted data show that predominate to the south and southwest Mr. Lindsay noted that he and his wife McMinnville is, on average, warmer and of the McMinnville area. own a vineyard within the proposed drier than Dallas and Scoggins Dam. The petitioner stated that the most McMinnville viticultural area’s McMinnville averaged 2,178 degree distinctive geological feature within the boundary, but at an elevation of 1,200 growing days above 50 degrees (each McMinnville viticultural area is the feet. He stated that their records, dating degree that a day’s mean temperature is Nestucca Formation, a 2,000-foot thick back to 1999, show that their vineyard’s above 50 degrees F counts as one degree bedrock formation that extends west degree growing days are sufficient to day) during the growing season for the from the city of McMinnville to the ripen their yearly crop. While Mr. years 1971–2000, with average yearly slopes of the Coast Range. This Lindsay acknowledged that their precipitation of 41.66 inches. Dallas, for formation contains marine sandstone vineyard’s daily high temperatures are the same period, averaged 2,116 degree and mudstone with intrusions of marine lower than those of vineyards at lower growing days above 50 degrees, with basalts. These intrusions differentiate elevations, he argued that their precipitation of 49.13 inches. Scoggins the formation from the pure basaltic nighttime temperatures are generally Dam, for the period, averaged 1,974 parent materials found under the Red higher than those at lower elevations degree growing days above 50 degrees, Hills and Chehalem Mountains and the during the growing season. He pointed with precipitation of 50.68 inches. pure marine sedimentary materials of out that since degree growing days are The petitioner explained that cooler the Yamhill Formation found on the calculated on a 24-hour basis, the degree and wetter conditions south of valley floor. growing days for their vineyard’s McMinnville viticultural area are due to Because of these marine basalts, the elevation are as high as those found at the Van Duzer Corridor, a pass through petition notes that the ground water lower elevations. Oregon’s Coast Range. Cool, wet marine composition of the McMinnville

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viticultural area is significantly different bottler must change the brand name and (USGS) 1:24,000 scale topographic maps from that of areas to the east. According obtain approval of a new label. titled: to data obtained from Oregon State Similarly, if the viticultural area name (1) McMinnville, Oregon, 1957, University’s Drinking Water Program, it appears in another reference on the revised 1992; contains greater dissolved sodium (66 label in a misleading manner, the bottler (2) Muddy Valley, Oregon, 1979, mg/L vs. 16 mg/L), less dissolved would have to obtain approval of a new revised 1992; potassium (0.9 mg/L vs. 3.8 mg/L), and label. (3) Stony Mountain, Oregon, 1979, greater dissolved boron (230 µg/L vs. 20 Different rules apply if a wine has a revised 1992; µg/L) than the ground water east of brand name containing a viticultural (4) Sheridan, Oregon, 1956, revised McMinnville. The petitioner asserts that area name that was used as a brand 1992; and significant variations in these name on a label approved before July 7, (5) Ballston, Oregon, 1956, revised component materials can result in 1986. See 27 CFR 4.39(i)(2) for details. 1992. grapes with unique flavor and (c) Boundary. The McMinnville Regulatory Analyses and Notices development characteristics. viticultural area is located in Yamhill Regulatory Flexibility Act County, Oregon, and is entirely within Boundary Description the Willamette Valley viticultural area. See the narrative boundary We certify that this regulation will not The boundary of the McMinnville description of the viticultural area in the have a significant economic impact on viticultural area is as described below— regulatory text published at the end of a substantial number of small entities. (1) The beginning point is on the this notice. This regulation imposes no new McMinnville, Oregon, map where the reporting, recordkeeping, or other 200-foot contour line intersects the Maps administrative requirement. Any benefit common boundary between section 13, The petitioner(s) provided the derived from the use of a viticultural T4S, R5W, and section 18, T4S, R4W. required maps, and we list them below area name is the result of a proprietor’s From this point follow the meandering in the regulatory text. efforts and consumer acceptance of 200-foot contour line westerly for about wines from that area. Therefore, no 2 miles to its intersection with Baker TTB Finding regulatory flexibility analysis is Creek Road in section 54, T4W, R5W, on After careful review of the petition required. the Muddy Valley map; and the comments, TTB finds that the Executive Order 12866 (2) Then follow Baker Creek Road evidence submitted supports the west about 2 miles through Happy establishment of the proposed This rule is not a significant Valley to the road’s intersection with viticultural area. Therefore, under the regulatory action as defined by Power House Hill Road in section 50, authority of the Federal Alcohol Executive Order 12866 (58 FR 51735). T4S, R5W (Muddy Valley map); Administration Act and part 4 of our Therefore, it requires no regulatory (3) Proceed southwest on Power regulations, we establish the assessment. House Hill Road for about 1.4 miles to ‘‘McMinnville’’ viticultural area in Drafting Information its intersection with Peavine Road in Yamhill County, Oregon, effective 60- section 17, T4S, R5W (Muddy Valley days from this document’s publication Jennifer Berry of the Regulations and map); date. Procedures Division drafted this (4) Follow Peavine Road west and document. then northwest about 1.5 miles to its Impact on Current Wine Labels List of Subjects in 27 CFR Part 9 intersection with Gill Creek in section Part 4 of the TTB regulations prohibits 18, T4S, R5W (Muddy Valley map); any label reference on a wine that Wine. (5) Follow Gill Creek southerly indicates or implies an origin other than The Final Rule (downstream) for about 0.6 miles to its the wine’s true place of origin. With the intersection with the 800-foot contour establishment of this viticultural area I For the reasons discussed in the line in section 18, T4S, R5W, on the and its inclusion in part 9 of the TTB preamble, we amend 27 CFR, chapter 1, Muddy Valley map; regulations, its name, ‘‘McMinnville,’’ is part 9 as follows: (6) From Gill Creek, follow the recognized as a name of viticultural meandering 800-foot contour line significance. Consequently, wine PART 9—AMERICAN VITICULTURAL westerly, crossing Deer Creek in section bottlers using ‘‘McMinnville’’ in a brand AREAS 14, T4S, R6W, on the Stony Mountain name, including a trademark, or in I 1. The authority citation for part 9 map, and, crossing back and forth four another label reference as to the origin continues to read as follows: times between the Stony Mountain and of the wine, must ensure that the Muddy Valley maps in section 24, T4S, product is eligible to use the viticultural Authority: 27 U.S.C. 205. R6W, continue southwesterly to the area’s name as an appellation of origin. Subpart C—Approved American contour line’s intersection with For a wine to be eligible to use as an Viticultural Areas Thomson Mill Road in section 27, T4S, appellation of origin the name of a R6W, on the Stony Mountain map; viticultural area specified in part 9 of I 2. Subpart C is amended by adding (7) Continue to follow the meandering the TTB regulations, at least 85 percent § 9.181 to read as follows: 800-foot contour line southwesterly, of the grapes used to make the wine crossing Cronin and Beaver Creeks, to must have been grown within the area § 9.181 McMinnville. the 800-foot contour line’s intersection represented by that name, and the wine (a) Name. The name of the viticultural with Rock Creek Road in section 46, must meet the other conditions listed in area described in this section is T5S, R6W, on the Stony Mountain map; 27 CFR 4.25(e)(3). If the wine is not ‘‘McMinnville.’’ (8) Then follow Rock Creek Road eligible to use the viticultural area name (b) Approved Maps. The appropriate south for about 5 miles to its as an appellation of origin and that maps for determining the boundaries of intersection with the West Valley name appears in the brand name, then the McMinnville viticultural area are Highway in section 44, T5S, R6W, on the label is not in compliance and the five United States Geological Survey the Sheridan map, and continue about

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200 feet due south in a straight line to DEPARTMENT OF THE TREASURY and purpose of each disclosure and the from that intersection to the 200-foot name and address of the person or contour line, just north of the Yamhill 31 CFR Part 1 agency to which disclosure was made. River (Sheridan map); The release of such information to the Privacy Act of 1974; Implementation (9) Then follow the meandering 200- subject of an investigation would foot contour line easterly, passing north AGENCY: Internal Revenue Service, provide the subject with significant of most of the village of Sheridan, Treasury. information concerning the nature of the investigation and could result in the crossing onto the Ballston map, and ACTION: Final rule. continue easterly and then northerly altering or destruction of documentary along the 200-foot contour line to its SUMMARY: In accordance with the evidence, the improper influencing of first intersection with Christensen Road requirements of the Privacy Act of 1974, witnesses, and other activities that at the common boundary between as amended, the Department of the could impede or compromise the sections 27 and 34, T5S, R5W (Ballston Treasury exempts a new Internal investigation. (iii) Release to the individual of the map); Revenue Service (IRS) system of records entitled ‘‘IRS 42.031—Anti-Money disclosure accounting would alert the (10) Continue to follow the 200-foot Laundering/Bank Secrecy Act (BSA) individual as to which agencies were contour line westerly and then and Form 8300 Records’’ from certain investigating the subject and the scope northerly, passing onto the Muddy provisions of the Privacy Act. of the investigation and could aid the Valley map and then the Stony individual in impeding or EFFECTIVE DATE: January 18, 2005. Mountain map, to the contour line’s compromising investigations by those FOR FURTHER INFORMATION CONTACT: intersection with Deer Creek in section IRS agencies. 64, T5S, R6W (Stony Mountain map); National Anti-Money Laundering (2) 5 U.S.C. 552a(d), (e)(4)(G), Program Manager, S: C: CP: RE: AML, (e)(4)(H), and (f). These provisions of the (11) Cross Deer Creek and follow the 19th Floor, 1601 Market Street, 200-foot contour line southeasterly, Privacy Act relate to an individual’s Philadelphia, PA 19106, phone (215) right to be notified of the existence of crossing Dupree Creek in section 64, 861–1547. T5S, R6W, on the Muddy Valley map, records pertaining to such individual; SUPPLEMENTARY INFORMATION: The IRS and, crossing onto the Ballston map, requirements for identifying an published a notice of proposed continue southerly and then easterly individual who requested access to rulemaking on April 30, 2004 at 69 FR along the 200-foot contour line to its records, the agency procedures relating 23705–23706 exempting the new system intersection with State Route 18 at the to access to records and the content of of records from certain provisions of the hamlet of Bellevue, section 28, T5S, the information contained in such Privacy Act of 1974, as amended. The R5W (Ballston map); records and the civil remedies available IRS published the proposed system to the individual in the event of adverse (12) Continue westerly then northerly notice in its entirety at 69 FR 23854 on determinations by an agency concerning along the meandering 200-foot contour April 30, 2004. No comments were access to or amendment of information line, crossing Latham Road at the received by the IRS. contained in record systems. The northern boundary of section 53, T5S, Under 5 U.S.C. 552a(k)(2), the head of reasons for exempting this system of R5W, and, crossing onto the Muddy an agency may promulgate rules to records from the foregoing provisions Valley map, continue northerly along exempt any system of records within the are as follows: To notify an individual the 200-foot contour line to its agency from certain provisions of the at the individual’s request of the intersection with Muddy Creek in Privacy Act if the system is existence of an investigative file section 40, T5S, R5W (Muddy Valley investigatory material compiled for law pertaining to such individual or to grant map); enforcement purposes. The exemption access to an investigative file pertaining (13) Crossing Muddy Creek, follow is from provisions 552a(c)(3), (d), (e)(1), to such individual could interfere with the 200-foot contour line southerly, then (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) investigative and enforcement easterly, and then northerly to its because the system contains proceedings; deprive co-defendants of a intersection with Peavine Road in the investigatory material compiled for law right to a fair trial or an impartial western extension of section 47, T4S, enforcement purposes. The following adjudication; constitute an unwarranted R5W (Muddy Valley map); are the reasons why this system of invasion of the personal privacy of records maintained by the IRS is exempt others; disclose the identity of (14) From Peavine Road, continue pursuant to 5 U.S.C. 552a(k)(2) of the confidential sources and reveal northeasterly along the meandering 200- Privacy Act of 1974. confidential information supplied by foot contour line, crossing Cozine Creek (1) 5 U.S.C. 552a(c)(3). This provision such sources; and, disclose investigative in section 46, T4S, R5W, and, crossing of the Privacy Act provides for the techniques and procedures. onto the McMinnville map, follow the release of the disclosure accounting (3) 5 U.S.C. 552a(e)(1). This provision 200-foot contour line across Redmond required by 5 U.S.C. 552a(c) (1) and (2) of the Privacy Act requires each agency Hill Road in section 44, T4S, R5W, and to the individual named in the record at to maintain in its records only such return to the point of beginning his/her request. The reasons for information about an individual as is (McMinnville map) exempting this system of records from relevant and necessary to accomplish a Signed: November 22, 2004. the foregoing provision is: purpose of the agency required to be Arthur J. Libertucci, (i) The release of disclosure accomplished by statute or executive Administrator. accounting would put the subject of an order. The reasons for exempting this investigation on notice that an system of records from the foregoing are Approved: December 9, 2004. investigation exists and that such as follows: Timothy E. Skud, person is the subject of that (i) The IRS will limit the Anti-Money Deputy Assistant Secretary (Tax, Trade, and investigation. Laundering/Bank Secrecy Act (BSA) Tariff Policy). (ii) Such release would provide the and Form 8300 Records to those [FR Doc. 05–912 Filed 1–14–05; 8:45 am] subject of an investigation with an relevant and necessary for identifying, BILLING CODE 4810–31–P accurate accounting of the date, nature, monitoring, and responding to

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complaints, allegations and other I Part 1, subpart C of title 31 of the Code the 2005 Presidential Inauguration information received concerning of Federal Regulations is amended as activities in Washington, DC. This rule violations or potential violations of the follows: prohibits vessels and persons from anti-money laundering provisions of entering the security zone and requires Title 31 and Title 26 laws. However, an PART 1—[AMENDED] vessels and persons in the security zone exemption from the foregoing is needed I 1. The authority citation for part 1 to depart the security zone, unless because, particularly in the early stages continues to read as follows: specifically exempt under the of an investigation, it is not possible to provisions in this rule or granted determine the relevance or necessity of Authority: 5 U.S.C. 301 and 31 U.S.C. 321. specific permission from the Coast specific information. Subpart A also issued under 5 U.S.C. 552 as Guard Captain of the Port Baltimore. (ii) Relevance and necessity are amended. Subpart C also issued under 5 U.S.C. 552a. DATES: This rule is effective from 4 a.m. questions of judgment and timing. What local time on January 14, 2005, through appears relevant and necessary when I 2. Section 1.36 paragraph (g)(1)(viii) is 10 p.m. local time on January 25, 2005. first received may subsequently be amended by adding the following text to ADDRESSES: Comments and material determined to be irrelevant or the table in numerical order. received from the public, as well as unnecessary. It is only after the § 1.36 Systems exempt in whole or in part documents indicated in this preamble as information is evaluated that the being available in the docket, are part of relevance and necessity of such from provisions of 5 U.S.C. 522a and this subpart. docket CGD05–04–210 and are available information can be established with for inspection or copying at Coast Guard certainty. * * * * * (g) * * * Activities Baltimore, Waterways (4) 5 U.S.C. 552a(e)(4)(I). This Management Branch, between 8 a.m. provision of the Privacy Act requires the (1) * * * (viii) * * * and 3 p.m., Monday through Friday, publication of the categories of sources except Federal holidays. of records in each system of records. Name of FOR FURTHER INFORMATION CONTACT: Mr. The reasons an exemption from this Number system provision has been claimed are as Ronald Houck, at Coast Guard Activities follows: Baltimore, Waterways Management Branch, at telephone number (410) 576– (i) Revealing categories of sources of ***** information could disclose investigative IRS 42.031 ...... Anti-Money Laun- 2674 or (410) 576–2693. techniques and procedures; dering/Bank Se- SUPPLEMENTARY INFORMATION: crecy Act BSA) (ii) Revealing categories of sources of Regulatory Information information could cause sources that and Form 8300 supply information to investigators to Records. On December 3, 2004, we published refrain from giving such information a notice of proposed rulemaking ***** because of fear of reprisal, or fear of (NPRM) entitled ‘‘Security Zone; breach of promises of anonymity and Potomac and Anacostia Rivers, * * * * * confidentiality. Washington, DC and Arlington and As required by Executive Order Dated: December 22, 2004. Fairfax Counties, Virginia’’ in the 12866, it has been determined that this Arnold I. Havens, Federal Register (69 FR 70211). We rule is not a significant regulatory General Counsel. received no letters commenting on the action, and therefore, does not require a [FR Doc. 05–916 Filed 1–14–05; 8:45 am] proposed rule. No public meeting was requested, and none was held. regulatory impact analysis. BILLING CODE 4830–01–P The regulation will not have a Under 5 U.S.C. 553(d)(3), the Coast substantial direct effect on the States, on Guard finds that good cause exists for the relationship between the Federal making this rule effective less than 30 DEPARTMENT OF HOMELAND Government and the States, or on the days after publication in the Federal SECURITY distribution of power and Register. Immediate action is needed to responsibilities among the various Coast Guard protect the public from waterborne acts levels of government. Therefore, it is of sabotage or terrorism. Any delay in determined that this rule does not have 33 CFR Part 165 the effective date of this rule is federalism implications under Executive impractical and contrary to the public Order 13132. [CGD05–04–210] interest. Pursuant to the requirements of the RIN 1625–AA87 Background and Purpose Regulatory Flexibility Act, 5 U.S.C. 601– 612, it is hereby certified that these Security Zone; Potomac and Anacostia The U.S. Maritime Administration regulations will not significantly affect a Rivers, Washington, DC and Arlington (MARAD) in Advisory 02–07 advised substantial number of small entities. and Fairfax Counties, VA U.S. shipping interests to maintain a The rule imposes no duties or heightened state of alert against possible obligations on small entities. AGENCY: Coast Guard, DHS. terrorist attacks. MARAD more recently In accordance with the provisions of ACTION: Temporary final rule. issued Advisory 03–06 informing the Paperwork Reduction Act of 1995, operators of maritime interests of the Department of the Treasury has SUMMARY: The Coast Guard is increased threat possibilities to vessels determined that this rule would not establishing a temporary security zone and facilities and a higher risk of impose new recordkeeping, application, from January 14 through January 25, terrorist attack to the transportation reporting, or other types of information 2005, encompassing certain waters of community in the United States. The collection requirements. the Potomac and Anacostia Rivers. This ongoing hostilities in Afghanistan and action is necessary to provide for the Iraq have made it prudent for U.S. ports List of Subjects in 31 CFR Part 1 security of persons and property, and and waterways to be on a higher state Privacy. prevent terrorist acts or incidents during of alert because the al Qaeda

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organization and other similar Regulatory Evaluation would affect your small business, organizations have declared an ongoing This rule is not a ‘‘significant organization, or governmental intention to conduct armed attacks on regulatory action’’ under section 3(f) of jurisdiction and you have questions U.S. interests worldwide. Executive Order 12866, Regulatory concerning its provisions or options for Due to increased awareness that Planning and Review, and does not compliance, please contact Mr. Ronald future terrorist attacks are possible the require an assessment of potential costs Houck, at Coast Guard Activities Coast Guard, as lead federal agency for and benefits under section 6(a)(3) of that Baltimore, Waterways Management maritime homeland security, has Order. The Office of Management and Branch, at telephone number (410) 576– determined that the Coast Guard Budget has not reviewed it under that 2674. Captain of the Port must have the means Small businesses may send comments Order. It is not ‘‘significant’’ under the to be aware of, deter, detect, intercept, on the actions of Federal employees regulatory policies and procedures of and respond to asymmetric threats, acts who enforce, or otherwise determine the Department of Homeland Security of aggression, and attacks by terrorists compliance with, Federal regulations to (DHS). on the American homeland while still the Small Business and Agriculture maintaining our freedoms and Small Entities Regulatory Enforcement Ombudsman sustaining the flow of commerce. This Under the Regulatory Flexibility Act and the Regional Small Business security zone is part of a comprehensive (5 U.S.C. 601–612), we have considered Regulatory Fairness Boards. The port security regime designed to whether this rule would have a Ombudsman evaluates these actions safeguard human life, vessels, and annually and rates each agency’s waterfront facilities against sabotage or significant economic impact on a substantial number of small entities. responsiveness to small business. If you terrorist attacks. wish to comment on actions by The Captain of the Port Baltimore is The term ‘‘small entities’’ comprises small businesses, not-for-profit employees of the Coast Guard, call 1– establishing a security zone for the 2005 888-REG-FAIR (1–888–734–3247). Presidential Inauguration activities in organizations that are independently Washington, DC to address the owned and operated and are not Collection of Information dominant in their fields, and aforementioned security concerns and This rule calls for no new collection governmental jurisdictions with to take steps to prevent the catastrophic of information under the Paperwork populations of less than 50,000. impact that a terrorist attack against a Reduction Act of 1995 (44 U.S.C. 3501– The Coast Guard certifies under 5 large gathering of high-ranking officials 3520). and spectators in Washington, DC, U.S.C. 605(b) that this rule will not have would have. This security zone applies a significant economic impact on a Federalism to all waters of the Potomac River from substantial number of small entities. A rule has implications for federalism shoreline to shoreline bounded by the This rule will affect the following under Executive Order 13132, Woodrow Wilson Memorial Bridge entities, some of which might be small Federalism, if it has a substantial direct upstream to the Key Bridge, including entities: The owners or operators of effect on State or local governments and the waters of the Anacostia River vessels intending to operate or transit on would either preempt State law or downstream from the Highway 50 a portion of the Potomac River, from the impose a substantial direct cost of Bridge to the confluence with the surface to the bottom, from the compliance on them. We have analyzed Potomac River, including the waters of Woodrow Wilson Memorial Bridge this rule under that Order and have the Georgetown Channel Tidal Basin, upstream to the Key Bridge, including determined that it does not have from January 14 through January 25, the waters of the Anacostia River implications for federalism. 2005. Vessels underway at the time this downstream from the Highway 50 security zone is implemented will Bridge to the confluence with the Unfunded Mandates Reform Act immediately proceed out of the zone. Potomac River, including the waters of The Unfunded Mandates Reform Act We will issue Broadcast Notices to the Georgetown Channel Tidal Basin. of 1995 (2 U.S.C. 1531–1538) requires Mariners to further publicize the This security zone will not have a Federal agencies to assess the effects of security zone. This security zone is significant economic impact on a their discretionary regulatory actions. In issued under authority contained in 50 substantial number of small entities particular, the Act addresses actions U.S.C. 191 and 33 U.S.C. 1226. because vessels with compelling that may result in the expenditure by a Except for Public vessels and vessels interests that outweigh the port’s State, local, or tribal government, in the at berth, mooring or at anchor, this rule security needs may be granted waivers aggregate, or by the private sector of temporarily requires all vessels in the from the requirements of the security $100,000,000 or more in any one year. designated security zone as defined by zone. Though this rule will not result in such this rule to depart the security zone. Assistance for Small Entities an expenditure, we do discuss the However, the Captain of the Port may, effects of this rule elsewhere in this in his discretion grant waivers or Under section 213(a) of the Small preamble. exemptions to this rule, either on a case- Business Regulatory Enforcement by-case basis or categorically to a Fairness Act of 1996 (Pub. L. 104–121), Taking of Private Property particular class of vessel that otherwise we offered to assist small entities in This rule will not effect a taking of is subject to adequate control measures. understanding the rule so that they private property or otherwise have could better evaluate its effects on them taking implications under Executive Discussion of Comments and Changes and participate in the rulemaking Order 12630, Governmental Actions and The Coast Guard received no process. Under section 213(a) of the Interference with Constitutionally comments on the proposed rule during Small Business Regulatory Enforcement Protected Property Rights. the comment period published in the Fairness Act of 1996 (Pub. L. 104–121), NPRM. No public meeting was we want to assist small entities in Civil Justice Reform requested, and none was held. As a understanding this rule so that they can This rule meets applicable standards result, no change to the proposed better evaluate its effects on them and in sections 3(a) and 3(b)(2) of Executive regulatory text was made. participate in the rulemaking. If the rule Order 12988, Civil Justice Reform, to

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minimize litigation, eliminate Environment (c) Regulations. (1) The general ambiguity, and reduce burden. We have analyzed this rule under regulations governing security zones found in § 165.33 of this part apply to Protection of Children Commandant Instruction M16475.lD, which guides the Coast Guard in the security zone described in paragraph We have analyzed this rule under complying with the National (b) of this section. Executive Order 13045, Protection of Environmental Policy Act of 1969 (2) Entry into or remaining in this Children from Environmental Health (NEPA)(42 U.S.C. 4321–4370f), and zone is prohibited unless authorized by Risks and Safety Risks. This rule is not have concluded that there are no factors the Coast Guard Captain of the Port an economically significant rule and in this case that would limit the use of Baltimore. Except for Public vessels and does not create an environmental risk to a categorical exclusion under section vessels at berth, mooring or at anchor, health or risk to safety that may 2.B.2 of the Instruction. Therefore, this all vessels in this zone are to depart the disproportionately affect children. rule is categorically excluded, under security zone. However, the Captain of the Port may, in his discretion grant Indian Tribal Governments figure 2–1, paragraph (34)(g), of the Instruction, from further environmental waivers or exemptions to this rule, This rule does not have tribal documentation. This regulation either on a case-by-case basis or implications under Executive Order establishes a security zone. A final categorically to a particular class of 13175, Consultation and Coordination ‘‘Environmental Analysis Check List’’ vessel that otherwise is subject to with Indian Tribal Governments, and a final ‘‘Categorical Exclusion adequate control measures. because it does not have a substantial Determination’’ are available in the (3) Persons desiring to transit the area direct effect on one or more Indian docket where indicated under of the security zone must first obtain tribes, on the relationship between the ADDRESSES. authorization from the Captain of the Federal Government and Indian tribes, Port Baltimore. To seek permission to or on the distribution of power and List of Subjects in 33 CFR Part 165 transit the area, the Captain of the Port responsibilities between the Federal Harbors, Marine safety, Navigation Baltimore can be contacted at telephone Government and Indian tribes. (water), Reporting and recordkeeping number (410) 576–2693. The Coast requirements, Security measures, Guard vessels enforcing this section can Energy Effects Waterways. be contacted on VHF Marine Band We have analyzed this rule under I For the reasons discussed in the Radio, VHF channel 16 (156.8 MHz). Executive Order 13211, Actions preamble, the Coast Guard temporarily Upon being hailed by a U.S. Coast Concerning Regulations That amends 33 CFR part 165 as follows: Guard vessel by siren, radio, flashing Significantly Affect Energy Supply, light, or other means, the operator of a Distribution, or Use. We have PART 165—REGULATED NAVIGATION vessel shall proceed as directed. If determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS permission is granted, all persons and vessels must comply with the energy action’’ under that order because I 1. The authority citation for part 165 instructions of the Captain of the Port it is not a ‘‘significant regulatory action’’ continues to read as follows: under Executive Order 12866 and is not Baltimore and proceed at the minimum likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. speed necessary to maintain a safe on the supply, distribution, or use of Chapter 701; 50 U.S.C. 191, 195; 33 CFR course while within the zone. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. energy. The Administrator of the Office 107–295, 116 Stat. 2064; Department of (4) Enforcement. The U.S. Coast of Information and Regulatory Affairs Homeland Security Delegation No. 0170.1. Guard may be assisted in the patrol and has not designated it as a significant enforcement of the zone by Federal, energy action. Therefore, it does not I 2. Add § 165.T05–210 to read as State, and local agencies. require a Statement of Energy Effects follows: (d) Effective period. This section will under Executive Order 13211. § 165.T05–210 Security Zone; Potomac be effective from 4 a.m. local time on January 14, 2005, through 10 p.m. local Technical Standards and Anacostia Rivers, Washington, DC and Arlington and Fairfax Counties, Virginia. time on January 25, 2005. The National Technology Transfer (a) Definitions. For the purposes of Dated: January 7, 2005. and Advancement Act (NTTAA) (15 this section, Captain of the Port Jonathan C. Burton, U.S.C. 272 note) directs agencies to use Baltimore means the Commander, U.S. Commander, U.S. Coast Guard, Acting voluntary consensus standards in their Coast Guard Activities Baltimore, Captain of the Port, Baltimore, Maryland. regulatory activities unless the agency Maryland and any Coast Guard [FR Doc. 05–961 Filed 1–12–05; 4:06 pm] provides Congress, through the Office of commissioned, warrant, or petty officer BILLING CODE 4910–15–U Management and Budget, with an who has been authorized by the explanation of why using these Commander, U.S. Coast Guard standards would be inconsistent with Activities Baltimore, Maryland to act as applicable law or otherwise impractical. ENVIRONMENTAL PROTECTION a designated representative on his or her AGENCY Voluntary consensus standards are behalf. technical standards (e.g., specifications (b) Location. The following area is a 40 CFR Part 228 of materials, performance, design, or security zone: All waters of the Potomac operation; test methods; sampling River, from shoreline to shoreline, [FRL–7861–7] procedures; and related management bounded by the Woodrow Wilson systems practices) that are developed or Memorial Bridge upstream to the Key Ocean Dumping; Designation of Sites adopted by voluntary consensus Bridge, and all waters of the Anacostia Offshore Palm Beach Harbor, FL and standards bodies. River, from shoreline to shoreline, Offshore Port Everglades Harbor, FL This rule does not use technical downstream from the Highway 50 AGENCY: Environmental Protection standards. Therefore, we did not Bridge to the confluence with the Agency (EPA). consider the use of voluntary consensus Potomac River, including the waters of ACTION: Final rule. standards. the Georgetown Channel Tidal Basin.

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SUMMARY: EPA today designates two FOR FURTHER INFORMATION CONTACT: nearby coral reefs and the documented Ocean Dredged Material Disposal Sites Christopher J. McArthur, Ocean impacts at the Port Everglades Harbor (ODMDSs) in the Atlantic Ocean Dumping Program Coordinator, U.S. interim ODMDS, these interim sites are offshore Southeast Florida, as EPA- Environmental Protection Agency, no longer being used, were not approved ocean dumping sites for the Region 4, Coastal Section, 61 Forsyth considered for final designation and are disposal of suitable dredged material. Street, SW., Atlanta, GA 30303, being de-designated by this rule. The One site is located offshore Palm Beach telephone: (404)562–9391, e-mail: Palm Beach Harbor and Port Everglades Harbor, Florida and the other offshore [email protected]. Harbor ODMDS designations are being Port Everglades Harbor, Florida. This SUPPLEMENTARY INFORMATION: published as final rulemaking in action is necessary to provide accordance with § 228.4(e) of the Ocean acceptable ocean disposal sites for A. Background Dumping Regulations, which permits consideration as an option for dredged Section 102(c) of the Marine the designation of ocean disposal sites material disposal projects in the vicinity Protection, Research, and Sanctuaries for dredged material. of Palm Beach Harbor and Port Act (MPRSA) of 1972, as amended, 33 B. Regulated Entities Everglades Harbor. These site U.S.C. 1401 et seq., gives the designations are for an indefinite period Administrator of EPA the authority to Entities potentially affected by this of time, but the sites will be subject to designate sites where ocean disposal action are persons, organizations, or continued monitoring to insure that may be permitted. On October 1, 1986, government bodies seeking to dispose of unacceptable adverse environmental the Administrator delegated the dredged material into ocean waters impacts do not occur. The interim authority to designate ocean disposal offshore Port Everglades Harbor and designated ocean disposal sites located sites to the Regional Administrator of Palm Beach Harbor, Florida, under the offshore Palm Beach Harbor and Port the Region in which the sites are MPRSA and its implementing Everglades Harbor are de-designated by located. These designations are being regulations. This final rule is expected this rule. made pursuant to that authority. to be primarily of relevance to (a) parties A list of ‘‘Approved Interim and Final seeking permits from the COE to DATES: This rule is effective on February Ocean Dumping Sites’’ was published transport dredged material for the 17, 2005. on January 11, 1977 (42 FR 2461 et seq.). purpose of disposal into ocean waters ADDRESSES: The administrative record That list established the Palm Beach and (b) to the COE itself for its own for this action is available for public Harbor West, Palm Beach Harbor East dredged material disposal projects. inspection at the following location: and Port Everglades Harbor, FL Potentially regulated categories and EPA Region 4, Sam Nunn Atlanta ODMDSs on an interim basis. Due to the entities that may seek to use the Federal Center, 61 Forsyth Street, SW., proximity of the interim sites to shore, proposed dredged material disposal Atlanta, Georgia 30303. the potential for adverse impacts to sites may include:

Category Examples of potentially regulated entities

Federal Government ...... U.S. Army Corps of Engineers Civil Works Projects, U.S. Navy, and Other Federal Agencies. Industry and General Public ...... Port Authorities, Marinas and Harbors, Shipyards, and Marine Repair Facilities, Berth Owners. State, local and tribal governments ...... Governments owning and/or responsible for ports, harbors, and/or berths, Government agencies requiring disposal of dredged material associated with public works projects.

This table is not intended to be C. EIS Development EPA, in cooperation with the COE, exhaustive, but rather provides a guide has prepared a Final EIS (FEIS) entitled for readers regarding entities likely to be Section 102(2)(C) of the National ‘‘Final Environmental Impact Statement affected by this action. To determine Environmental Policy Act (NEPA) of for Designation of the Palm Beach whether your organization is affected by 1969, as amended, 42 U.S.C. 4321 et Harbor Ocean Dredged Material seq., requires that federal agencies this action, you should carefully Disposal Site and the Port Everglades prepare an Environmental Impact consider whether your organization is Harbor Ocean Dredged Material Statement (EIS) on proposals for subject to the requirement to obtain an Disposal Site.’’ On August 27, 2004, the legislation and other major federal MPRSA permit in accordance with Notice of Availability (NOA) of the FEIS actions significantly affecting the Section 103 of the MPRSA and the was published in the Federal Register quality of the human environment. The (69 FR 52668 [August 27,2004]). Anyone applicable regulations at 40 CFR Parts object of NEPA is to build into the 220 and 225, and whether you wish to desiring a copy of the FEIS may obtain Agency decision making process careful one from the addresses given above. The use the sites subject to today’s action. consideration of all environmental wait period on the FEIS closed on EPA notes that nothing in this final rule aspects of proposed actions. While September 27, 2004. alters the jurisdiction or authority of NEPA does not apply to EPA activities EPA received eight comment letters EPA or the types of entities regulated of this type, EPA has voluntarily on the FEIS. Six letters were supportive under the MPRSA. Questions regarding committed to prepare NEPA documents of the Port Everglades Harbor ODMDS the applicability of this final rule to a in connection with ocean disposal site designation based on need for the particular entity should be directed to designations.(See 63 FR 58045 [October disposal site. The remaining two letters the contact person listed in the 29, 1998], ‘‘Notice of Policy and were from the State of Florida (the State) preceding FOR FURTHER INFORMATION Procedures for Voluntary Preparation of and the National Marine Fisheries CONTACT section. National Environmental Policy Act Service (NMFS). The State’s comments (NEPA) Documents.’’). are discussed in the following paragraph

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and the NMFS letter noted that the the Site Management and Monitoring the EPA criteria set forth in the Ocean Essential Fish Habitat (EFH) Plan (SMMP) to address the State’s Dumping Regulations (40 CFR 220–229) consultation process was ongoing. No concerns regarding recency of data. The and the COE regulations (33 CFR letters were critical of the FEIS. discussion of cumulative impacts was 209.120 and 335–338). The COE issues Pursuant to an Office of Water policy expanded in the FEIS including MPRSA permits to applicants for the memorandum dated October 23, 1989, discussions of additional activities in transport of dredged material intended EPA has evaluated the proposed site the area as requested by the State. EFH for disposal after compliance with designations for consistency with the concerns were addressed by EPA regulations is determined. EPA has the State’s approved coastal management through the development of an EFH right to disapprove any ocean disposal program. EPA has determined that the Assessment for each ODMDS. The EFH project if, in its judgment, all provisions designation of the proposed sites is Assessments were coordinated with the of MPRSA and the associated consistent to the maximum extent NMFS and the State and were included implementing regulations have not been practicable with the State coastal as part of the FEIS. EPA concluded that met. management program, and submitted the designations will not have a The FEIS discusses the need for these this determination to the State for substantial individual or cumulative site designations and examines ocean review in accordance with EPA policy. adverse impact on the EFH of managed disposal site alternatives to the In a letter dated October 22, 2004, the species including tilefish. The State’s proposed actions. Non-ocean disposal State concurred with this determination. concerns regarding the potential of options have also been examined in the Disposal Area Studies for Palm Beach In addition, as part of the NEPA process, Florida Current spin-off eddies to Harbor and Port Everglades Harbor, EPA has consulted with the State transport disposed dredged material to prepared by the COE and included as regarding the effects of the dumping at important marine habitats have been appendices to the FEIS. Alternatives to the proposed sites on the State’s coastal addressed through modeling of the ocean disposal may include upland zone. EPA has taken the State’s disposal plumes by the COE. The State disposal within the port areas, or comments into account in preparing the was involved in selecting input utilization of dredged material for FEIS for the sites, in determining parameters for the model and in reviewing the draft results. In addition, beneficial use such as beach whether the proposed sites should be EPA has an ongoing effort at the nearby nourishment. The studies concluded designated, and in determining whether Miami ODMDS to address concerns that upland disposal in the intensively restrictions or limitations should be regarding the potential of Florida developed port areas is not feasible. placed on the use of the sites. There Current spin-off eddies to transport Undeveloped areas within cost-effective were six main concerns raised by the disposed dredged material to important haul distances are environmentally State during consultation: (1) Placement near-shore marine habitats. valuable in their own right. Beach of beach quality sand in the ODMDS; (2) In a letter dated June 7, 2004, the placement is limited to predominately the volume of material to be disposed Florida Department of State agreed that sandy material. and number of projects to use the sites; it is unlikely that the proposed The following ocean disposal (3) the adequacy and recency of the data designations will affect any alternatives were evaluated in the FEIS: on the benthic habitat within and near archaeological or historic resources 1. Alternative Sites on the Continental the ODMDSs; (4) cumulative impacts of listed, or eligible for listing, in the Shelf activities in the area; (5) potential National Register of Historic Places, or adverse impacts to essential fish habitat otherwise of significance in accordance The continental shelf is narrow in the and in particular the habitat of the blue- with the National Preservation Act of project area with a width of about 0.63 line tilefish; and (6) the potential of 1966 (Pub. L. 89–6654), as amended. nautical mile (nmi). In the Palm Beach Florida Current spin-off eddies to The action discussed in the FEIS is Harbor and Port Everglades Harbor transport disposed dredged material to the permanent designation for nearshore area, hardgrounds supporting important marine habitats. Concerns continuing use of ocean disposal sites coral and algal communities are raised regarding use of suitable material offshore Palm Beach Harbor and Port concentrated on the continental shelf. for beach nourishment and other Everglades Harbor, Florida. The purpose Disposal operations on the shelf could beneficial uses, were addressed in the of the action is to provide an adversely impact this reef habitat. FEIS. EPA concurs with the State environmentally acceptable option for Therefore, following discussions with regarding the use of suitable material for the ocean disposal of dredged material. the State, a zone of siting feasibility for beach nourishment and other beneficial The need for the permanent designation alternative ODMDSs was established uses, in circumstances where this use is of the ODMDSs is based on a eliminating from consideration any practical. The dredging projects demonstrated COE need for ocean areas within 3 nmi of shore to avoid currently proposed as well as potential disposal of maintenance dredged impact to natural reefs in the area. future projects were discussed in more material from the Federal navigation Consequently, no alternatives on the detail in the FEIS including a detailed projects in the Palm Beach Harbor and continental shelf were considered in the discussion of anticipated project Port Everglades Harbor areas. The need FEIS. disposal volumes. Projects in excess of for ocean disposal for these and other 500,000 cubic yards are not permitted at projects, and the suitability of the 2. Designated Interim Sites either ODMDS until additional capacity material for ocean disposal, will be Two interim sites were designated for studies have been completed. The State determined on a case-by-case basis as Palm Beach Harbor, one of which is was provided additional information on part of the COE’s process of issuing located nearshore at the port entrance the benthic habitats within and adjacent permits for ocean disposal and a public and the other is located approximately to the ODMDSs including a copy of the review process for its own actions. This 2.9 nmi (4.5 km) offshore. Following video taken at the Port Everglades will include an evaluation of disposal discussions with the State of Florida, a Harbor ODMDS and quantification of alternatives. zone of siting feasibility was the habitat types within each ODMDS. For the ODMDSs, the COE and EPA established, eliminating from A pre-disposal high resolution would evaluate all federal dredged consideration any areas within 3 bathymetry requirement was added to material disposal projects pursuant to nautical miles of shore to avoid direct

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impact to natural reefs in the area. As In the absence of an EPA designated by the Council on Environmental a result, both Palm Beach Harbor ocean dredged material disposal site, Quality for agencies subject to NEPA. interim sites were not considered the COE could select an alternative D. Site Designations further. pursuant to section 103 of MPRSA. In The interim site for Port Everglades is such cases, the ocean site selected for On July 30, 2004, EPA proposed located 1.7 nmi (3.2 km) offshore. A disposal would be evaluated according designation of two sites for continuing 1984 survey conducted by the EPA to the criteria specified in section 102(a) disposal of dredged materials from Palm indicated that some damage to nearby of MPRSA and EPA’s Ocean Dumping Beach Harbor and Port Everglades inshore, hard bottom areas may have Regulation and Criteria 40 CFR part 228, Harbor, Florida. The public comment occurred due to the movement of fine and EPA concurrence is required. A site period on this proposed action closed grained material associated with so selected can be used for five years on September 13, 2004. Six letters of disposed dredged material. In light of without EPA designation, and can comment were received. All six letters the survey findings, disposal at the Port continue to be used for another five were supportive of the Port Everglades Everglades interim site was years under limited conditions. Harbor ODMDS designation based on discontinued and the site was Accordingly, the No-Action alternative the need for alternatives to upland eliminated from further consideration. would not provide a long-term disposal for maintenance and 3. Alternative Sites Beyond the management option for dredged construction dredged material from the Continental Shelf material disposal. port. No comment letters were received for the Palm Beach Harbor ODMDS. Alternative sites beyond the 5. Preferred Alternative The ODMDS for Palm Beach Harbor is continental shelf considered for Palm The site near Palm Beach Harbor located east of Palm Beach, Florida, the Beach Harbor include the 3 mile site, selected for ODMDS designation is an western boundary being 4.3 nmi the 4.5 mile site and the 9 mile site. The area approximately 1 square nautical offshore. The ODMDS occupies an area 4.5 mile site is approximately one 2 mile (nmi2) located east northeast of the of about 1 nmi , in the configuration of square mile in size and is located within Lake Worth Inlet and approximately 4.5 an approximate 1 nmi by 1 nmi square. the eastern portion of the 3 mile site. nmi offshore. The site at Port Everglades Water depths within the area range from The 3 mile site is four square miles in Harbor selected for ODMDS designation 525 to 625 feet. The coordinates of the size. The 3 mile site was dropped from is an area approximately 1 nmi2 located Palm Beach Harbor ODMDS are as further consideration in favor of the 4.5 east northeast of Port Everglades and follows: mile site as it was determined that a site approximately 4 nmi offshore. These 26°47′30″ N79°57′09″ W; four square miles in size was not sites were found to comply with the 26°47′30″ N79°56′02″ W; necessary at the depths at this location. criteria for evaluation of ocean disposal 26°46′30″ N79°57′09″ W; The 9 mile site is 4 square miles in size. sites established in 40 CFR Sections 26°46′30″ N79°56′02″ W; The deeper depths at the 9 mile site 228.5 and 228.6 of EPA’s Ocean ° ′ ″ result in a larger disposal footprint, due Center coordinates are 26 47 00 N and Dumping Regulations. No significant ° ′ ″ to greater dispersion, necessitating a 79 56 35 W. impacts to critical resource areas are larger 4 square mile disposal site. Both The ODMDS for Port Everglades expected to result from designation of the 4.5 mile site and the 9 mile site were Harbor is located east of Fort either of these sites. Similar types of considered in the FEIS. Lauderdale, Florida, the western Alternative sites beyond the impacts are expected from use of these boundary being 3.8 nmi offshore. The continental shelf considered for the Port sites as impacts from use of the ODMDS occupies an area of about 1 2 Everglades Harbor include the 4 mile alternative sites located further offshore. nmi , in the configuration of an site and the 7 mile site. The 4 mile site However, use of these sites is expected approximate 1 nmi by 1 nmi square. is approximately one square mile in size to result in less area being impacted as Water depths within the area range from whereas the 7 mile site is two square a result of their shallower depth. The 640 to 705 feet. The coordinates of the miles in size. The deeper depths at the selected sites would require Port Everglades Harbor ODMDS 7 mile site result in a larger disposal significantly less consumption of designation are as follows: footprint necessitating a larger 4 square resources and would result in 26°07′30″ N80°02′00″ W; mile disposal site. Both the 4 mile site significantly less air emissions than the 26°07′30″ N80°01′00″ W; ° ′ ″ ° ′ ″ and the 7 mile site were considered in offshore sites. In addition, monitoring of 26 06 30 N8001 00 W; ° ′ ″ ° ′ ″ the FEIS. the selected sites would be less costly to 26 06 30 N8001 00 W; the federal government and less difficult Center coordinates are 26°07′00″ N and 4. No Action than the offshore sites. Therefore, these 80°01′30″ W. All coordinates utilize the The No-Action Alternative would not sites were selected as the preferred North American Datum of 1983 provide acceptable EPA-designated alternatives. (NAD83). ocean disposal sites for use by the COE The FEIS presents the information or other entities for the disposal of needed to evaluate the suitability of E. Analysis of Criteria Pursuant to the dredged material. Without final- ocean disposal areas for final Ocean Dumping Act Regulatory designated disposal sites, the designation use and is based on a series Requirements maintenance of the existing Federal of disposal site environmental studies. Five general criteria are used in the Navigation Projects at Palm Beach The environmental studies and final selection and approval for continuing Harbor and Port Everglades Harbor designation are being conducted in use of ocean disposal sites. Sites are would be adversely impacted with accordance with the requirements of selected so as to minimize interference subsequent effects upon the local and MPRSA, the Ocean Dumping with other marine activities, to prevent regional economies. Interim designated Regulations, and other applicable any temporary perturbations associated ODMDSs are not available. Alternative Federal statutory provisions. with the disposal from causing impacts dredged material disposal methods This final rulemaking notice fills the outside the disposal site, and to permit would be required or the dredging and same role as the Record of Decision effective monitoring to detect any dredged material disposal discontinued. required under regulations promulgated adverse impacts at an early stage. Where

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feasible, locations off the Continental many marine species may pass through Port Everglades Harbor ODMDS, Shelf and other sites that have been the ODMDSs, passage is not respectively. historically used are to be chosen. If, at geographically restricted to these areas. 3. Location in Relation to Beaches and any time, disposal operations at a site EPA initially coordinated with the National Marine Fisheries Service Other Amenity Areas (40 CFR cause unacceptable adverse impacts, 228.6(a)(3)) further use of the site can be restricted (NMFS) regarding the Endangered or terminated by EPA. The general Species Act (ESA) on March 24, 2004. The disposal sites for Palm Beach criteria are given in § 228.5 of the EPA At that time, EPA sent NMFS a copy of Harbor and Port Everglades Harbor are Ocean Dumping Regulations, and the Draft EIS, which included two located approximately 4.5 nmi and 4.0 § 228.6 lists eleven specific factors used Appendices, each entitled Biological nmi offshore, respectively. The nearest in evaluating a disposal site to assure Assessment. Those Assessments beaches are located on the shorelines that the general criteria are met. The evaluated the potential impacts from the west of the sites. Because of the distance sites, as discussed below under the site designations to Federally listed of the sites from the shoreline, the eleven specific factors, are acceptable threatened and endangered species. In predominate northerly directed current, under the five general criteria. its letter, EPA referenced the and the expected localized effects at the The characteristics of the sites are Assessments, which concluded that the disposal sites, it is unlikely that dredged reviewed below in terms of these eleven site designations ‘‘will not adversely material disposal at either of the sites criteria (the FEIS may be consulted for affect’’ any listed species or critical would adversely affect coastal beaches. additional information). habitat. While the letter stated that EPA Amenity areas in the vicinity of the sites concluded the action ‘‘will not affect’’ include artificial and natural reefs. Both 1. Geographical Position, Depth of any listed species, EPA informally sites are located at least 2.3 nmi from Water, Bottom Topography, and consulted with NMFS and sought the nearest artificial reef. From West Distance From Coast (40 CFR comments from the NMFS on the Palm Beach to the Florida Keys, there 228.6(a)(1)) proposed site designations with the are generally three separate series of The ODMDS for Palm Beach Harbor is March 2004 letter. In a May 24, 2004 reefs or hard bottoms. The disposal sites located east of Palm Beach, Florida, the letter of response, NMFS concluded that for Palm Beach Harbor and Port western boundary being 4.3 nmi adverse effects on whales are unlikely to Everglades Harbor are located offshore. Water depths within the area occur from this project and no effects to approximately 2.6 nmi and 3.0 nmi from range from 525 to 625 feet with depth the shortnose sturgeon or smalltooth the outer of these reef series, contours parallel to the coastline. The sawfish are likely to occur from this respectively. In addition, colonies of the coordinates of the Palm Beach Harbor project. deepwater coral Oculina varicosa ODMDS are as follows: On March 24, 2004, EPA also extend north from Palm Beach Harbor consulted with NMFS pursuant to and parallel the break between the edge 26°47′30″ N79°57′09″ W; Section 305 of the Magnuson-Stevens of the continental shelf and the Florida- 26°47′30″ N79°56′02″ W; Hatteras slope. The Palm Beach Harbor 26°46′30″ N79°57′09″ W; and Fishery Conservation and Management 26°46′30″ N79°56′02″ W; Act (MSFCMA) 16 U.S.C. 1855, and the ODMDS is located approximately 1.7 applicable implementing regulations. At nmi east of the nearest observed Center coordinates are 26°47′00″ N and ° ′ ″ that time, EPA sent NMFS a copy of the deepwater corals. Currents in the 79 56 35 W. Draft EIS which included an Essential vicinity trend alongshore in a general The ODMDS for Port Everglades Fish Habitat (EFH) Assessment within north-south orientation. Modeling Harbor is located east of Fort the body of the document. In a May 6, performed by the COE indicates that Lauderdale, Florida, the western 2004 letter of response, NMFS requested disposed material will not impact these boundary being 3.8 nmi offshore. Water a stand alone EFH Assessment that natural areas. depths within the area range from 640 specifically addressed potential impacts 4. Types and Quantities of Wastes to 705 feet with depth contours parallel to deepwater habitats, such as black Proposed To Be Disposed of, and to the coastline. The coordinates of the corals and Oculina, and potential Proposed Methods of Release, Including Port Everglades Harbor ODMDS impacts to deepwater managed species Methods of Packing the Waste, if Any designation are as follows: including tilefish. The EFH Assessments (40 CFR 228(a)(4)) 26°07′30″ N80°02′00″ W; were provided to NMFS on July 15, 26°06′30″ N80°01′00″ W; 2004 and included as appendices to the The only material to be placed at the 26°06′30″ N80°02′00″ W; and FEIS. Based on comments received from ODMDSs will be dredged material that 26°06′30″ N80°01′00″ W; NMFS, EPA revised the EFH meets the EPA Ocean Dumping Criteria Center coordinates are 26°07′00″ N Assessments. Revised EFH Assessments in 40 CFR Parts 220 through 229. The and 80°01′30″ W. All coordinates utilize for designation of the Palm Beach sites are expected to be used for routine the North American Datum of 1983 Harbor ODMDS and the Port Everglades maintenance of the respective harbor (NAD83). Harbor ODMDS were provided to NMFS projects. Annual average disposal on September 22, 2004 and October 12, volumes of 30,000 cubic yards of 2. Location in Relation to Breeding, 2004, respectively. The Assessments set material are expected at each site with Spawning, Nursery, Feeding, or Passage forth EPA’s determination that the site disposal occurring every three years. Areas of Living Resources in Adult or designation of the Palm Beach Harbor Dredged material from Port Everglades Juvenile Phases (40 CFR 228.6(a)(2)) ODMDS and Port Everglades Harbor Harbor is expected to have a solids The most active breeding and nursery ODMDS will not have a substantial content of 60 to 70 percent solids by areas are located in inshore waters, individual or cumulative adverse weight with a grain size of 38 to 5 along adjacent beaches, or in nearshore impact on the EFH of managed species. percent of the grains finer than sand by reef areas. While breeding, spawning, In letters dated October 19, 2004 and weight. Dredged material from Palm and feeding activities may take place October 20, 2004, NMFS concluded that Beach Harbor is expected to have solids near the ODMDSs, these activities are the fishery conservation requirements of content of 80 to 85 percent solids by not believed to be confined to, or the MSFCMA were completed for the weight with a grain size of 6 percent concentrated in, these areas. While Palm Beach Harbor ODMDS and the finer than sand. It has been

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demonstrated by the COE that the most 7. Existence and Effects of Current and Florida Testing Facility). The SFOMC is cost effective method of dredging is Previous Discharges and Dumping in located 1.5 nmi south of the ODMDS. clamshell/barge dredging for Palm the Area (Including Cumulative Effects) Interference with activities at the Beach Harbor and hopper dredging for (40 CFR 228.6(a)(7)) SFOMC is not expected. Port Everglades Harbor. Additional There are no current or previous 9. The Existing Water Quality and foreseen use of the Port Everglades discharges within the ODMDSs. There Ecology of the Site as Determined by Harbor site could be the Federal Port are two interim-designated ODMDSs Available Data or by Trend Assessment Everglades Deepening Project or use by near Palm Beach Harbor. The disposal or Baseline Surveys (40 CFR 228.6(a)(9)) the U.S. Navy in Port Everglades. The of 5.2 million cubic yards of dredged Baseline surveys conducted for the Deepening Project has not yet been material from Palm Beach Harbor Palm Beach Harbor and the Port authorized and there are no currently occurred between 1950 and 1983 in the Everglades Harbor ODMDSs show the planned Navy projects. The disposal of interim sites. The characteristics of the water quality and other environmental dredge material at the proposed sites dredged material were poorly graded characteristics of the proposed ODMDSs will be conducted using a near sand with traces of shell fragments. to be typical of the Atlantic Ocean. instantaneous dumping type barge or An interim-designated ODMDS at Port Salinity, dissolved oxygen, and scow. Everglades Harbor is located transmissivity (water clarity) data approximately 2.5 nmi west-southwest indicated water masses over the sites 5. Feasibility of Surveillance and of the Port Everglades Harbor ODMDS. were similar to water masses in open Monitoring (40 CFR 228.6(a)(5)) The disposal of 220,000 cubic yards of ocean waters and deviated little dredged material occurred in this Surveillance and monitoring of the between sites. Macroinfaunal samples interim ODMDS between 1952 and were dominated in numbers by annelids proposed sites is feasible. Survey 1982. The characteristics of the vessels, aircraft overflights, or and arthropods. Water quality at the disposed dredged material were organic proposed ODMDSs is variable and is automated Geographic Positioning silt with some clay. A 1984 survey Systems (GPS) surveillance systems are influenced by frequent Florida Current conducted by EPA indicated that some intrusions of offshore oceanic waters, feasible surveillance methods. The damage to nearby inshore, hard bottom and periodic up welling of deep ocean depths at these sites make conventional areas may have occurred because of the waters. The proposed disposal sites lie ODMDS monitoring techniques difficult movement of fine material associated on the continental slope in an area to utilize. A draft Site Management and with the disposal of dredged material at traversed by the western edge of the Monitoring Plan (SMMP) for each the site. In light of the survey findings, Florida Current. The location of the ODMDS was developed and included in disposal at the Port Everglades interim western edge of the current determines an appendix in the FEIS. The SMMPs site was discontinued after 1984. to a large extent whether waters at the were finalized by EPA and the COE in There are two wastewater ocean site are predominantly coastal or November, 2004. The SMMPs establish outfall discharges in the vicinity of each oceanic. Frequent intrusions or eddies a sequence of monitoring surveys to be proposed ODMDS. The nearest outfall to of the Florida Current transport oceanic undertaken to determine any impacts either of the proposed sites is 11 miles. waters over the continental shelf in the resulting from disposal activities. The The effluent from wastewater outfalls vicinity of the ODMDSs. Periodic up SMMPs may be reviewed and revised by has undergone secondary treatment and welling/down welling events associated EPA. chlorination. Significant adverse with wind stress also influence waters impacts to the marine environment have in the area. 6. Dispersal, Horizontal Transport and not been documented in association No critical habitat or unique Vertical Mixing Characteristics of the with either of these offshore wastewater ecological communities have been Area Including Prevailing Current outfalls. Any effects from these identified within or adjacent to the Direction and Velocity, if Any (40 CFR discharges would be local and ODMDSs. 228.6(a)(6)) predominately in a north-south direction due to prevailing currents. 10. Potentiality for the Development or Prevailing currents parallel the coast Therefore, these discharges should not Recruitment of Nuisance Species in the and are generally oriented along a north- have any effect within the sites. Disposal Site (40 CFR 228.6(a)(10)). south axis. Northerly flow The disposal of dredged materials predominates. Mean surface currents 8. Interference With Shipping, Fishing, Recreation, Mineral Extraction, should not attract or promote the range from 10 to 100 cm/sec depending Desalination, Fish and Shellfish development of nuisance species. No on direction with maximum velocities Culture, Areas of Special Scientific nuisance species have been reported to up to 530 cm/sec. Current speeds are Importance and Other Legitimate Uses occur at previously utilized disposal lower and current reversals more of the Ocean (40 CFR 228.6(a)(8)) sites in the vicinity of either ODMDSs. common in near-bottom waters. Mean The infrequent use of the proposed 11. Existence at or in Close Proximity to velocities of 20 cm/sec and maximum the Site of Any Significant Natural or velocities of 130 cm/sec have been sites should not significantly disrupt either commercial shipping or Cultural Features of Historical measured for near-bottom waters in the Importance (40 CFR 228.6(a)(11)) area. Dredged material dispersion recreational boating. Commercial and studies conducted by the COE for both recreational fishing activities are Due to the proximity of ODMDSs to concentrated in inshore and nearshore entrance channels, the cultural resource short (hours) and long-term (months) waters. No mineral extraction, that has the greatest potential for impact transport of material disposed at the desalination, or mariculture activities would be shipwrecks. Sidescan sonar Palm Beach Harbor and Port Everglades occur in the immediate area. Scientific surveys of the sites were conducted Harbor sites indicate little possibility of resources present near the Port which should have identified any disposed material affecting near-shore Everglades Harbor site include the potential shipwrecks. No such features reefs or other amenities in the areas of South Florida Ocean Measurement were noted within the disposal sites in the disposal sites. Center (SFOMC, formerly the South the sidescan sonar surveys of the

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disposal sites. No natural or cultural must determine whether the regulatory town, school district or special district features of historical importance have action is ‘‘significant’’ and therefore with a population of less than 50,000; been identified at either site. The subject to OMB review and the and (3) a small organization that is any Florida Department of State Division of requirements of the Executive Order. not-for-profit enterprise which is Historical Resources was consulted and The Order defines ‘‘significant independently owned and operated and they determined that it is unlikely that regulatory action’’ as one that is likely is not dominant in its field. EPA has designation of the ODMDSs would to result in a rule that may: determined that this action will not affect archaeological or historical (A) Have an annual effect on the have a significant economic impact on resources eligible for listing in the economy of $100 million or more or small entities. The ocean disposal site National Register of Historic Places, or adversely affect in a material way the designations will only have the effect of otherwise of significance. economy, a sector of the economy, providing a long term, environmentally productivity, competition, jobs, the acceptable disposal option for dredged F. Site Management environment, public health or safety, or material. This action will help to Site management of the ODMDSs is State, local or tribal governments or facilitate the maintenance of safe the responsibility of EPA in cooperation communities; navigation on a continuing basis. After with the COE. The COE issues permits (B) Create a serious inconsistency or considering the economic impacts of to private applicants for ocean disposal; otherwise interfere with an action taken today’s final action on small entities, I however, EPA Region 4 assumes overall or planned by another agency; certify that this action will not have a responsibility for site management. (C) Materially alter the budgetary significant impact on a substantial Development of Site Management Plans impact of entitlement, grants, user fees, number of small entities. or loan programs or the rights and is required by the MPRSA prior to final 4. The Unfunded Mandates Reform Act obligations of recipients thereof; or designation. A Site Management and and Executive Order 12875 Monitoring Plan (SMMP) for each (D) Raise novel legal or policy issues ODMDS was developed as a part of the arising out of legal mandates, the Title II of the Unfunded Mandates process of completing the FEIS. The President’s priorities, or the principles Reform Act (UMRA), Public Law 104–4, SMMPs were finalized by EPA and the set forth in the Executive Order. establishes requirements for Federal COE in November, 2004. The plans EPA has determined that this action agencies to assess the effects of their provide procedures for both site does not meet the definition of a regulatory actions on State, local, and management and for the monitoring of ‘‘significant regulatory action’’ under tribal governments and the private effects of disposal activities. The E.O. 12866 as described above and is sector. Under section 202 of the UMRA, SMMPs are intended to be flexible and therefore not subject to OMB review. EPA generally must prepare a written statement, including a cost-benefit may be reviewed and revised by the 2. Paperwork Reduction Act EPA. analysis, for proposed and final rules The Paperwork Reduction Act, 44 with ‘‘Federal Mandates’’ that may G. Action U.S.C. 3501, et seq., is intended to result in expenditures to State, local, The FEIS concludes that the sites may minimize the reporting and record- and tribal governments, in the aggregate, appropriately be designated for use. The keeping burden on the regulated or to the private sector, of $100 million sites are also consistent with the five community, as well as to minimize the or more in any one year. Before general criteria and eleven specific collection and dissemination. In promulgating an EPA rule for which a factors in the Ocean Dumping general, the Act requires that written statement is needed, section 205 Regulations used for site evaluation. information requests and record-keeping of the UMRA generally requires EPA to The designation of the Palm Beach requirements affecting ten or more non- identify and consider a reasonable Harbor and Port Everglades Harbor sites Federal respondents be approved by number of regulatory alternatives and as EPA-approved ODMDSs is being OPM. Since this rule does not establish adopt the least costly, most cost- published as final rulemaking. Overall or modify any information or record- effective or least burdensome alternative management of these sites is the keeping requirements, it is not subject to that achieves the objectives of the rule. responsibility of the Regional the provisions of the Paperwork The provisions of section 205 do not Administrator of EPA Region 4. Reduction Act. apply when they are inconsistent with applicable law. Moreover, section 205 It should be emphasized that, if an 3. Regulatory Flexibility Act (RFA), as allows EPA to adopt an alternative other ODMDS is designated, such a site Amended by the Small Business than the least costly, most cost-effective designation does not constitute EPA’s Regulatory Enforcement Fairness Act of or least burdensome alternative if the approval of actual disposal of material 1996, (SBREFA), 5 U.S.C. 601 et seq. Administrator publishes with the final at sea. Before ocean disposal of dredged The RFA generally requires an agency rule an explanation of why that material at the site may commence, the to prepare a regulatory flexibility alternative was not adopted. Before EPA COE must evaluate a permit application analysis of any rule subject to notice establishes any regulatory requirements according to EPA’s Ocean Dumping and comment rulemaking requirements that may significantly or uniquely affect Criteria (40 CFR part 227) and authorize under the Administrative Procedure Act small governments, including tribal disposal. EPA has the right to or any other statute, unless the agency governments, it must have developed disapprove the actual disposal if it certifies that the rule will not have a under section 203 of the UMRA a small determines that environmental concerns significant economic impact on a government agency plan. The plan must under MPRSA have not been met. substantial number of small entities. For provide for notifying potentially H. Statutory and Executive Order the purposes of assessing the impacts of affected small governments, enabling Reviews today’s rule on small entities, a small officials of affected small governments entity is defined as: (1) A small business to have meaningful and timely input in 1. Executive Order 12866: Regulatory based on the Small Business the development of EPA regulatory Planning and Review Administration’s (SBA) size standards; proposals with significant Federal Under Executive Order 12866 (58 FR (2) a small governmental jurisdiction intergovernmental mandates, and 51735, October 4, 1993), the Agency that is a government of a city, county, informing, educating, and advising

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small governments on compliance with 6. Executive Order 13175: Consultation 8. Executive Order 13211: Actions That the regulatory requirements. and Coordination With Indian Tribal Significantly Affect Energy Supply, EPA has determined that this action Governments Distribution, or Use contains no Federal mandates (under Executive Order 13175, entitled This final rule is not subject to the regulatory provisions of Title II of ‘‘Consultation and Coordination with Executive Order 13211, ‘‘Actions Concerning Regulations That the UMRA) for State, local and tribal Indian Tribal Governments’’ (65 FR Significantly Affect Energy Supply, governments or the private sector. It 67249, November 6, 2000), requires EPA imposes no new enforceable duty on Distribution, or Use’’ (66 FR 28355 (May to develop an accountable process to any State, local or tribal governments or 22, 2001)) because it is not a significant ensure ‘‘meaningful and timely input by the private sector. Thus, the regulatory action under Executive Order Tribal officials in the development of requirements of section 202 and section 12866. regulatory policies that have Tribal 205 of the UMRA do not apply to this implications.’’ ‘‘Policies that have Tribal 9. National Technology Transfer final rule. Similarly, EPA has also implications’’ are defined in the Advancement Act determined that this action contains no regulatory requirements that might Executive Order to include regulations Section 12(d) of the National significantly or uniquely affect small that have ‘‘substantial direct effects on Technology Transfer Advancement Act government entities. Thus, the one or more Indian Tribes, on the of 1995 (‘‘NTTAA’’), Public Law 104– requirements of section 203 of the relationship between the Federal 113, section 12(d) (15 U.S.C. 272 note), UMRA do not apply to this final rule. government and the Indian Tribes, or on directs EPA to use voluntary consensus the distribution of power and standards in its regulatory activities 5. Executive Order 13132: Federalism responsibilities between the Federal unless doing so would be inconsistent government and Indian Tribes.’’ with applicable law or otherwise Executive Order 13132, entitled impractical. Voluntary consensus This action does not have Tribal ‘‘Federalism’’ (64 FR 43255, August 10, standards are technical standards (e.g., implications. This action will not have 1999), requires EPA to develop an materials specifications, test methods, accountable process to ensure substantial direct effects on Tribal sampling procedures, and business ‘‘meaningful and timely input by State governments, on the relationship practices) that are developed or adopted and local officials in the development of between the Federal government and by voluntary consensus bodies. The regulatory policies that have federalism Indian Tribes, or on the distribution of NTTAA directs EPA to provide implications.’’ ‘‘Policies that have power and responsibilities between the Congress, through OMB, explanations federalism implications’’ are defined in Federal government and Indian Tribes, when the Agency decides not to use the Executive Order to include as specified in Executive Order 13175. available and applicable voluntary regulations that have ‘‘substantial direct This final rule designates ocean dredged consensus standards. This final rule effects on the States, on the relationship material disposal sites and does not does not involve technical standards. between the national government and establish any regulatory policy with Therefore, EPA did not consider the use the States, or on the distribution of tribal implications. Thus, Executive of any voluntary consensus standards. power and responsibilities among the Order 13175 does not apply to this rule. Although EPA stated that the various levels of government.’’ proposed action did not directly involve 7. Executive Order 13045: Protection of This final rule does not have technical standards, the proposed action Children From Environmental Health and today’s final action include federalism implications. It will not have Risks and Safety Risks substantial direct effects on the States, environmental monitoring and on the relationship between the national Executive Order 13045 (62 FR 19885, measurement as described in EPA’s government and the States, or on the April 23, 1997) applies to any rule that SMMPs. EPA will not require the use of specific, prescribed analytic methods for distribution of power and (1) is determined to be ‘‘economically monitoring and managing the responsibilities among the various significant’’ as defined under Executive designated sites. Rather, the Agency levels of government, as specified in Order 12866, and (2) concerns an plans to allow the use of any method, Executive Order 13132. This final rule environmental health or safety risk that whether it constitutes a voluntary addresses the designation and de- EPA has reason to believe might have a consensus standard or not, that meets designation of ocean disposal sites for disproportionate effect on children. If the monitoring and measurement the potential disposal of dredged the regulatory action meets both criteria, criteria discussed in the SMMP. materials. This action neither creates the Agency must evaluate the new obligations nor alters existing environmental health and safety effects 10. Executive Order 12898: Federal authorizations of any State, local or of the planned rule on children, and Actions To Address Environmental other governmental entities. Thus, explain why the planned regulation is Justice in Minority Populations and Executive Order 13132 does not apply preferable to other potentially effective Low-Income Populations to this rule. However, EPA did consult and reasonably feasible alternatives Executive Order 12898 requires that, with State and local government considered by the Agency. This final to the greatest extent practicable and representatives in the development of rule is not an economically significant permitted by law, each Federal agency the FEIS and through solicitation of rule as defined under Executive Order must make achieving environmental comments on the Draft and Final EIS. In 12866 and does not concern an justice part of its mission. Executive addition, in the spirit of Executive environmental health or safety risk that Order 12898 provides that each Federal Order 13132, and EPA policy to EPA has reason to believe may have a agency must conduct its programs, promote communications between EPA disproportionate effect on children. policies, and activities that substantially and State and local governments, EPA Therefore, it is not subject to Executive affect human health or the environment specifically solicited comment on the Order 13045. in a manner that ensures that such proposed rule from State and local programs, policies, and activities do not officials. have the effect of excluding persons

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(including populations) from Species Act (ESA) on March 24, 2004. Assessments. Revised EFH Assessments participation in, denying persons At that time, EPA sent NMFS a copy of for designation of the Palm Beach (including populations) the benefits of, the Draft EIS, which included two Harbor ODMDS and the Port Everglades or subjecting persons (including Appendices, each entitled Biological Harbor ODMDS were provided to NMFS populations) to discrimination under Assessment. Those Assessments on September 22, 2004 and October 12, such programs, policies, and activities evaluated the potential impacts from the 2004, respectively. The Assessments set because of their race, color, or national site designations to federally listed forth EPA’s determination that the site origin. threatened and endangered species. In designation of the Palm Beach Harbor Because this action addresses ocean its letter, EPA referenced the ODMDS and Port Everglades Harbor disposal site designations (away from Assessments, which concluded that the ODMDS will not have a substantial inhabited land areas), no significant site designations ‘‘will not adversely individual or cumulative adverse adverse human health or environmental affect’’ any listed species or critical impact on the EFH of managed species. effects are anticipated. Therefore, no habitat. While the letter stated that EPA In letters dated October 19, 2004 and action from this final rule would have concluded the action ‘‘will not affect’’ October 20, 2004, NMFS concluded that a disproportionately high and adverse any listed species, EPA informally the fishery conservation requirements of human health and environmental effect consulted with NMFS and sought the MSFCMA were completed for the on any particular segment of the comments from the NMFS on the Palm Beach Harbor ODMDS and the population. In addition, this rule does proposed site designations with the Port Everglades Harbor ODMDS, not impose substantial direct March 2004 letter. In a May 24, 2004 respectively. compliance costs on those communities. letter of response, NMFS concluded that 14. Executive Order 13089: Coral Reef Accordingly, the requirements of adverse effects on whales are unlikely to Protection Executive Order 12898 do not apply. occur from this project and no effects to Executive Order 13089 (63 FR 32701, 11. Congressional Review Act the shortnose sturgeon or smalltooth sawfish are likely to occur from this June 16, 1998) on Coral Reef Protection The Congressional Review Act, 5 project. recognizes the significant ecological, U.S.C. 801 et seq., as added by the Small social, and economic values provided Business Regulatory Enforcement 13. Magnuson-Stevens Fishery by the Nation’s coral reefs and the Fairness Act of 1996, generally provides Conservation and Management Act critical need to ensure that Federal that before a rule may take effect, the (MSFCMA) agencies are implementing their agency promulgating the rule must The 1996 Sustainable Fisheries Act authorities to protect these valuable submit a rule report, which includes a amendments to the MSFCMA require ecosystems. Executive Order 13089 copy of the rule, to each House of the the designation of EFH for Federally directs Federal agencies, including EPA Congress and to the Comptroller General managed species of fish and shellfish. and the COE whose actions may affect of the United States. EPA will submit a Pursuant to section 305(b)(2) of the U.S. coral reef ecosystems, to take the report containing this rule and other MSFCMA, Federal agencies are required following steps: 1. Identify their actions required information to the U.S. Senate, to consult with the NMFS regarding any that may affect U.S. coral reef the U.S. House of Representatives, and action they authorize, fund, or ecosystems; 2. Utilize their programs the Comptroller General of the United undertake that may adversely affect and authorities to protect and enhance States prior to publication of the rule in EFH. An adverse effect has been defined the conditions of such ecosystems; and the Federal Register. A major rule as by the Act as follows: ‘‘Any impact 3. To the extent permitted by law, defined in 5 U.S.C. 804(2) cannot take which reduces the quality and/or ensure that any actions they authorize, effect until 60 days after it is published quantity of EFH. Adverse effects may fund, or carry out will not degrade the in the Federal Register. This action is include direct (e.g., contamination or conditions of such ecosystems. It is the not a ‘‘major rule’’ as defined by 5 physical disruption), indirect (e.g., loss policy of EPA and the COE to apply U.S.C. 804(2). This rule will be effective of prey, reduction in species’ fecundity), their authorities under the MPRSA to February 17, 2005. site-specific or habitat-wide impacts, avoid adverse impacts on coral reefs. including individual, cumulative, or Protection of coral reefs has been 12. The Endangered Species Act synergistic consequences of actions.’’ carefully addressed through the Under section 7(a)(2) of the On March 24, 2004, EPA consulted application the site designation criteria Endangered Species Act (ESA), 16 with NMFS pursuant to Section 305 of which require consideration of the U.S.C. 1536(a)(2), federal agencies are the Magnuson-Stevens Fishery potential site’s location in relation to required to ‘‘insure that any action Conservation and Management Act breeding, spawning, nursery, feeding, authorized, funded, or carried on by (MSFCMA) 16 U.S.C. 1855, and the and passage areas of living marine such agency * * * is not likely to applicable implementing regulations. At resources and amenity areas, jeopardize the continued existence of that time, EPA sent NMFS a copy of the interference with recreation and areas of any endangered or threatened species or Draft EIS which included an EFH special scientific importance, and result in the destruction or adverse Assessment within the body of the existence of any significant natural or modification of habitat of such species document. In a May 6, 2004 letter of cultural features at or in close proximity ***.’’ Under regulations response, NMFS requested a stand alone to the site (see E. Analysis of Criteria implementing the ESA, a Federal agency EFH Assessment that specifically Pursuant to the Ocean Dumping Act is required to consult with either the addressed potential impacts to Regulatory Requirements). Based on FWS or the NMFS (depending on the deepwater habitats, such as black corals application of these criteria, the species involved) if the agency’s action and Oculina, and potential impacts to proposed disposal sites should not have ‘‘may affect’’ endangered or threatened deepwater managed species including adverse effects on coral reefs. species or their critical habitat. See, 50 tilefish. The EFH Assessments were CFR 402.14(a). provided to NMFS on July 15, 2004 and 15. Executive Order 13158: Marine EPA initially coordinated with the included as appendices to the FEIS. Protected Areas National Marine Fisheries Service Based on comments received from Executive Order 13158 (65 FR 34909, (NMFS) regarding the Endangered NMFS, EPA revised the EFH May 31, 2000) requires that each Federal

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agency whose actions affect the natural (iv) Primary use: Dredged material. suspension is the third date (‘‘Susp.’’) or cultural resources that are protected (v) Period of use: Continuing use. listed in the third column of the by an Marine Protected Area (MPA) (vi) Restriction: Disposal shall be following tables. shall identify such actions and shall limited to suitable dredged material. ADDRESSES: If you wish to determine avoid harm to the natural and cultural Disposal shall comply with conditions whether a particular community was resources that are protected by an MPA. set forth in the most recent approved suspended on the suspension date, The purpose of the Executive Order is Site Management and Monitoring Plan. contact the appropriate FEMA Regional to protect the significant natural and (22) Port Everglades Harbor, FL Ocean Office or the NFIP servicing contractor. cultural resources within the marine Dredged Material Disposal Site. ° ′ ″ FOR FURTHER INFORMATION CONTACT: environment, which means ‘‘those areas (i) Location (NAD83): 26 07 30 N., ° ′ ″ ° ′ ″ ° ′ ″ Michael M. Grimm, Mitigation Division, of coastal and ocean waters, the Great 80 02 00 W.; 26 07 30 N., 80 01 00 ° ′ ″ ° ′ ″ 500 C Street, SW.; Room 412, Lakes and their connecting waters, and W.; 26 06 30 N., 80 02 00 W.; ° ′ ″ ° ′ ″ Washington, DC 20472, (202) 646–2878. submerged lands thereunder, over 26 06 30 N., 80 01 00 W. Center ° ′ ″ SUPPLEMENTARY INFORMATION: The NFIP which the United States exercises coordinates are 26 07 00 N and ° ′ ″ enables property owners to purchase jurisdiction, consistent with 80 01 30 W. flood insurance which is generally not international law.’’ (ii) Size: Approximately 1 square EPA has reviewed the Marine nautical mile. otherwise available. In return, Managed Areas Inventory maintained by (iii) Depth: Ranges from 640 to 705 communities agree to adopt and administer local floodplain management the National Oceanic and Atmospheric feet. aimed at protecting lives and new Administration and the U.S. Department (iv) Primary use: Dredged material. (v) Period of use: Continuing use. construction from future flooding. of Commerce. The nearest MPA to either (vi) Restriction: Disposal shall be Section 1315 of the National Flood ODMDS is Biscayne National Park limited to suitable dredged material. Insurance Act of 1968, as amended, 42 which is located greater than 20 nmi Disposal shall comply with conditions U.S.C. 4022, prohibits flood insurance from the Port Everglades Harbor set forth in the most recent approved coverage as authorized under the ODMDS and greater than 40 nmi from Site Management and Monitoring Plan. National Flood Insurance Program, 42 the Palm Beach Harbor ODMDS. U.S.C. 4001 et seq.; unless an Therefore, EPA has determined that no * * * * * appropriate public body adopts MPAs will be affected by this action. [FR Doc. 05–932 Filed 1–14–05; 8:45 am] BILLING CODE 6560–50–P adequate floodplain management List of Subjects in 40 CFR Part 228 measures with effective enforcement Environmental protection, Water measures. The communities listed in pollution control. DEPARTMENT OF HOMELAND this document no longer meet that SECURITY statutory requirement for compliance Dated: January 4, 2005. with program regulations, 44 CFR part J.I. Palmer, Jr., Federal Emergency Management 59 et seq. Accordingly, the communities Regional Administrator for Region 4. Agency will be suspended on the effective date I In consideration of the foregoing, in the third column. As of that date, subchapter H of chapter I of title 40 is 44 CFR Part 64 flood insurance will no longer be amended as set forth below: available in the community. However, [Docket No. FEMA–7861] some of these communities may adopt PART 228—[AMENDED] and submit the required documentation Suspension of Community Eligibility I 1. The authority citation for part 228 of legally enforceable floodplain continues to read as follows: AGENCY: Federal Emergency management measures after this rule is Management Agency, Emergency published but prior to the actual Authority: 33 U.S.C. 1412 and 1418. Preparedness and Response Directorate, suspension date. These communities § 228.14 [Amended] Department of Homeland Security. will not be suspended and will continue their eligibility for the sale of insurance. I 2. Section 228.14 is amended by ACTION: Final rule. A notice withdrawing the suspension of removing and reserving paragraphs SUMMARY: This rule identifies the communities will be published in (h)(3), (h)(4), and (h)(5). communities, where the sale of flood the Federal Register. I 3. Section 228.15 is amended by insurance has been authorized under In addition, the Federal Emergency adding paragraphs (h)(21) and (h)(22) to the National Flood Insurance Program Management Agency has identified the read as follows: (NFIP), that are scheduled for special flood hazard areas in these § 228.15 Dumping sites designated on a suspension on the effective dates listed communities by publishing a Flood final basis. within this rule because of Insurance Rate Map (FIRM). The date of noncompliance with the floodplain * * * * * the FIRM if one has been published, is (h) * * * management requirements of the indicated in the fourth column of the (21) Palm Beach Harbor, FL Ocean program. If the Federal Emergency table. No direct Federal financial Dredged Material Disposal Site. Management Agency (FEMA) receives assistance (except assistance pursuant to (i) Location (NAD83): 26°47′30″ N., documentation that the community has the Robert T. Stafford Disaster Relief 79°57′09″ W.; 26°47′30″ N., 79°56′02″ adopted the required floodplain and Emergency Assistance Act not in W.; 26°46′30″ N., 79°57′09″ W.; management measures prior to the connection with a flood) may legally be 26°46′30″ N., 79°56′02″ W. Center effective suspension date given in this provided for construction or acquisition coordinates are 26°47′00″ N and rule, the suspension will not occur and of buildings in the identified special 79°56′35″ W. a notice of this will be provided by flood hazard area of communities not (ii) Size: Approximately 1 square publication in the Federal Register on a participating in the NFIP and identified nautical mile. subsequent date. for more than a year, on the Federal (iii) Depth: Ranges from 525 to 625 EFFECTIVE DATES: The effective date of Emergency Management Agency’s feet. each community’s scheduled initial flood insurance map of the

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community as having flood-prone areas environmental impact assessment has Executive Order 12612, Federalism. (section 202(a) of the Flood Disaster been prepared. This rule involves no policies that have Protection Act of 1973, 42 U.S.C. Regulatory Flexibility Act. The federalism implications under Executive 4106(a), as amended). This prohibition Administrator has determined that this Order 12612, Federalism, October 26, against certain types of Federal rule is exempt from the requirements of 1987, 3 CFR, 1987 Comp.; p. 252. assistance becomes effective for the the Regulatory Flexibility Act because Executive Order 12778, Civil Justice communities listed on the date shown the National Flood Insurance Act of Reform. This rule meets the applicable in the last column. The Administrator 1968, as amended, 42 U.S.C. 4022, standards of section 2(b)(2) of Executive prohibits flood insurance coverage finds that notice and public comment Order 12778, October 25, 1991, 56 FR unless an appropriate public body under 5 U.S.C. 553(b) are impracticable 55195, 3 CFR, 1991 Comp.; p. 309. adopts adequate floodplain management and unnecessary because communities measures with effective enforcement List of Subjects in 44 CFR Part 64 listed in this final rule have been measures. The communities listed no Flood insurance, Floodplains. adequately notified. longer comply with the statutory I Accordingly, 44 CFR part 64 is Each community receives a 6-month, requirements, and after the effective amended as follows: 90-day, and 30-day notification letter date, flood insurance will no longer be addressed to the Chief Executive Officer available in the communities unless PART 64—[AMENDED] that the community will be suspended they take remedial action. I unless the required floodplain Regulatory Classification. This final 1. The authority citation for part 64 continues to read as follows: management measures are met prior to rule is not a significant regulatory action the effective suspension date. Since under the criteria of section 3(f) of Authority: 42 U.S.C. 4001 et seq.; these notifications have been made, this Executive Order 12866 of September 30, Reorganization Plan No. 3 of 1978, 3 CFR, 1993, Regulatory Planning and Review, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, final rule may take effect within less 58 FR 51735. 3 CFR, 1979 Comp.; p. 376. than 30 days. Paperwork Reduction Act. This rule National Environmental Policy Act. does not involve any collection of § 64.6 [Amended] This rule is categorically excluded from information for purposes of the I 2. The tables published under the the requirements of 44 CFR part 10, Paperwork Reduction Act, 44 U.S.C. authority of § 64.6 are amended as Environmental Considerations. No 3501 et seq. follows:

Date certain Federal assist- Community Effective date authorization/cancellation of Current effective ance no longer State and location No. sale of flood insurance in community map date available in spe- cial flood hazard areas

Region III Delaware: Bethany Beach, Town of, Sussex 105083 November 12, 1971, Emerg; April 6, 1973, 1/6/2005 ...... 1/6/2005 County. Reg; January 6, 2005, Susp. Dewey Beach, Town of, Sussex County ...... 100056 June 18, 1982, Emerg; June 18, 1982, Reg; ...... do ...... Do. January 6, 2005, Susp. South Bethany, Town of, Sussex County ...... 100051 September 15, 1972, Emerg; October 6, ...... do ...... Do. 1976, Reg; January 6, 2005, Susp. Region V Ohio: Brookville, City of, Montgomery County 390407 August 27, 1975, Emerg; October 15, 1981, ...... do ...... Do. Reg; January 6, 2005, Susp. Dayton, City of, Montgomery County ...... 390409 September 24, 1974, Emerg; December 4, ...... do ...... Do. 1979, Reg; January 6, 2005, Susp. Miamisburg, City of, Montgomery County ..... 390413 August 1, 1974, Emerg; June 15, 1981, ...... do ...... Do. Reg; January 6, 2005, Susp. Trotwood, City of, Montgomery County ...... 390417 July 2, 1974, Emerg; December 18, 1979, ...... do ...... Do. Reg; January 6, 2005, Susp. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

David I. Maurstad, DEPARTMENT OF TRANSPORTATION SUMMARY: The Office of the Secretary of Acting Mitigation Division Director, Transportation (OST) is amending its Emergency Preparedness and Response Office of the Secretary regulations to reflect a change in Directorate. Secretarial delegations. The Secretary is [FR Doc. 05–870 Filed 1–14–05; 8:45 am] 49 CFR Part 1 delegating to the Administrators of all BILLING CODE 9110–12–P [Docket No. OST–1999–6189] Department of Transportation (DOT) agencies, the General Counsel, and the RIN 9991–AA43 Director of Intelligence and Security the Sensitive Security Information Secretary’s authority to determine that information is Sensitive Security AGENCY: Office of the Secretary, Information and available only under Transportation. prescribed circumstances. ACTION: Final rule. EFFECTIVE DATE: January 5, 2005.

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FOR FURTHER INFORMATION CONTACT: Security Information; TSA’s appear at PART 1—ORGANIZATION AND Robert I. Ross, Office of the General 49 CFR part 1520, Protection of DELEGATION OF POWERS AND Counsel, U.S. Department of Sensitive Security Information. DUTIES Transportation, 400 7th Street SW., Part 15 sets forth categories of Room 10102, Washington, DC 20590. information that qualify as SSI and I 1. The authority citation for part 1 Voice: (202) 366–9156. Fax: (202)366– authorizes the Secretary of continues to read as follows: 9170. E-mail: [email protected]. Transportation to determine that Authority: 49 U.S.C. 322; 46 U.S.C. SUPPLEMENTARY INFORMATION: specific items of information come 2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); Background within any of those categories. The Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– purpose of this document is to delegate For many years, DOT’s Federal 159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. to all DOT Administrators this authority 597. Aviation Administration (FAA) had of the Secretary as to matters within statutory authority to prevent disclosure their purview, with authority to I 2. In § 1.45, add a new paragraph of information related to aviation redelegate within their own (a)(19) to read as follows: security, termed ‘‘Sensitive Security organizations; and to delegate this Information (SSI).’’ In the leading case authority to the General Counsel and the § 1.45 Delegations to all Administrators. of Public Citizen v. Federal Aviation Director of Intelligence and Security for (a) * * * Administration, 300 U.S. App. DC 238; all matters in DOT. 988 F.2d 186 (DC Cir. 1993), the court (19) Carry out the functions vested in set forth three aspects of this authority: This rule is being published as a final the Secretary by 49 U.S.C. 40119(b), as rule and made effective on the date 1. The statute under which FAA implemented by 49 CFR part 15, relating signed by the Secretary. As the rule restricted disclosure of this to the determination that information is relates to Departmental management, information—49 U.S.C. App. 1357(d) (2) Sensitive Security Information within procedures, and practices, notice and (1993)—qualified under Exemption 3 of their respective organizations. the Freedom of Information Act (FOIA) comment on it are unnecessary under 5 as a ‘‘statute (A) [that] requires that the U.S.C. 553(b)(3)(A). In addition, since * * * * * matters be withheld from the public in this rule relates to internal procedures, I 3. In § 1.57, add and reserve such a way as to leave no discretion on there is good cause to make it effective paragraphs (r) and (s) and add a new the issue, or (B) establishes particular in less than 30 days pursuant to 5 U.S.C. paragraph (t) to read as follows: criteria for withholding or refers to 553(d). § 1.57 Delegations to General Counsel. particular types of matters to be Regulatory Analyses and Notices withheld.’’ (5 U.S.C. 552(b) (3)). Hence, * * * * * The Office of the Secretary of SSI may be withheld from public (t) Carry out the functions vested in Transportation (OST) has determined disclosure under FOIA. the Secretary by 49 U.S.C. 40119(b), as 2. The information may be withheld that this action is not a significant implemented by 49 CFR part 15, relating from the public rulemaking record in an regulatory action under Executive Order to the determination that information is informal rulemaking under 5 U.S.C. 553. 12866 or under the Department’s 3. The information may be withheld Regulatory Policies and Procedures. Sensitive Security Information. from discovery in civil litigation. There are no costs associated with this I 4. In § 1.69, add a new paragraph (c) to In response to the attacks upon the rule. Because this rule will only apply read as follows: United States on September 11, 2001, to internal DOT operations, OST Congress enacted the Aviation and certifies that this rule will not have a § 1.69 Delegations to the Director of Transportation Security Act (Public Law significant economic impact on a Intelligence and Security. 107–71, 115 Stat. 597 (2001)), which substantial number of small entities. * * * * * created in DOT a new Transportation OST also has determined that there are (c) Carry out the functions vested in Security Administration (TSA). 49 not sufficient federalism implications to the Secretary by 49 U.S.C. 40119(b), as U.S.C. 114. That statute also transferred warrant preparation of a federalism implemented by 49 CFR part 15, relating from the FAA to the TSA the authority statement. to the determination that information is to denominate information as SSI and Sensitive Security Information. expanded the scope of that authority to Paperwork Reduction Act all modes of transportation. 49 U.S.C. This rule contains no information Issued in Washington, DC, on this 5th day 114(s). When Congress created the collection requirements under the of January 2005. Department of Homeland Security Paperwork Reduction Act of 1995 (44 Norman Y. Mineta, (DHS) in the Homeland Security Act of U.S.C. 3501–3520). Secretary of Transportation. 2002, (Public Law 107–295, 116 Stat. [FR Doc. 05–866 Filed 1–14–05; 8:45 am] 2064 (2002)), it transferred TSA from Unfunded Mandates Reform Act of BILLING CODE 4910–62–P DOT to DHS, continued its SSI 1995 authority, and gave similar authority to OST has determined that the DOT, again as to all modes of requirements of Title II of the Unfunded transportation. See 49 U.S.C. 40119(b). Mandates Reform Act of 1995 do not Both 49 U.S.C. 114(s) and 49 U.S.C. apply to this rulemaking. 40119(b) require, as did 49 U.S.C. App. 1357(d) (2), that the agency List of Subjects in 49 CFR Part 1 administering SSI authority promulgate Authority delegations, Organizations regulations specifying the types of and functions. information qualifying for SSI treatment. FAA’s regulations appeared I For the reasons set forth in the at 14 CFR part 191; DOT’s appear at 49 preamble, the Office of the Secretary CFR part 15, Protection of Sensitive amends 49 CFR part 1 as follows:

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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Management Plan (FMP). Once 30 percent and/or 60 percent of the National Oceanic and Atmospheric National Oceanic and Atmospheric yellowtail flounder TAC allocations Administration Administration specified for the U.S./Canada Management Area are projected to have [Docket No 041110317–4364–02; I.D. 50 CFR Part 648 been harvested, the regulations at 110404B] [Docket No. 040112010–4114–02; § 648.85(a)(3)(iv)(D) authorize the I.D.011105I] Regional Administrator to close access to the Eastern U.S./Canada Area to all RIN 0648–AR51 Northeast (NE) Multispecies Fishery; limited access NE multispecies DAS 50 CFR Part 648 Re-opening of the Eastern U.S./Canada vessels and prohibit all NE multispecies Area; and Removal of Daily Poundage limited access vessels from harvesting, Fisheries of the Northeastern United Limits for Yellowtail Flounder in the possessing, or landing GB yellowtail States; Summer Flounder, Scup, and U.S./Canada Management Area, and flounder from the entire U.S./Canada Black Sea Bass Fisheries; 2005 and Cod in the Eastern U.S./Canada Area Management Area to prevent overharvesting or underharvesting the 2006 Summer Flounder Specifications; AGENCY: National Marine Fisheries yellowtail flounder TAC allocation. 2005 Scup and Black Sea Bass Service (NMFS), National Oceanic and Based upon Vessel Monitoring System Specifications; Correction Atmospheric Administration (NOAA), (VMS) reports and other available Commerce. information, the Regional Administrator AGENCY: National Marine Fisheries ACTION: Re-opening and removal of daily determined that 85 percent of the GB Service (NMFS), National Oceanic and poundage limits. yellowtail flounder TAC had been Atmospheric Administration (NOAA), harvested by October 1, 2004 (69 FR Commerce. SUMMARY: NMFS announces that the 59815, October 6, 2004). NMFS closed ACTION: Final rule; correction. Administrator, Northeast Region, NMFS the Eastern U.S./Canada Area, effective (Regional Administrator), is re-opening October 1, 2004, to all NE multispecies the Eastern U.S./Canada Area to all DAS vessels and prohibited all NE SUMMARY: NMFS published in the limited access NE multispecies days-at- multispecies vessels from harvesting, Federal Register of January 4, 2005, a sea (DAS) vessels and is removing the possessing, or landing GB yellowtail final rule containing final specifications prohibition on all NE multispecies flounder from the U.S./Canada for the 2005 and 2006 summer flounder limited access vessels from harvesting, Management Area, because of concerns fisheries and for the 2005 scup and possessing, or landing Georges Bank that the yellowtail flounder TAC would black sea bass fisheries. Inadvertently, (GB) yellowtail flounder from within the be fully harvested or overharvested Table 4 of the final rule contained an entire U.S./Canada Management Area. prior to the end of the fishing year. Full incorrect Winter I period scup This action also removes the yellowtail harvest or overharvest of the TAC was possession limit. This document flounder and cod daily poundage limits anticipated due to the amount of corrects that error. for the entire U.S./Canada Management yellowtail flounder harvested by vessels Area and Eastern U.S./Canada Area, targeting yellowtail flounder in the U.S./ DATES: Effective January 1, 2005. respectively, but retains the 15,000 lb Canada Management Area, and because FOR FURTHER INFORMATION CONTACT: (6,804 kg) trip limit for GB yellowtail of concerns regarding expected Sarah McLaughlin, Fishery Policy flounder and a 5,000 lb (2,268 kg) trip yellowtail flounder bycatch by vessels Analyst, (978) 281–9279, fax (978) 281– limit for GB cod, consistent with targeting groundfish other than 9135. ensuring that the Total Allowable yellowtail flounder within the U.S./ Catches (TACs) for these species will Canada Management Area. Additional SUPPLEMENTARY INFORMATION: The final not be exceeded by the end of the 2004 concern was raised by the potential rule, including final quota specifications fishing year. impact that may be caused by scallop for the summer flounder, scup, and DATES: Effective 0001 hr local time, vessels fishing in Closed Area II under black sea bass fisheries, was published January 14, 2005, through 2400 hr local the Sea Scallop Access Program in the Federal Register on January 4, time April 30, 2005. implemented under Frameworks 16/39 2005 (70 FR 303). Table 4 incorrectly to the Atlantic Sea Scallop/NE FOR FURTHER INFORMATION CONTACT: listed the Winter I period scup Multispecies FMPs. Because of these Karen Tasker, Fishery Management possession limit (per trip) as 15,000 lb potential sources of yellowtail flounder Specialist, (978) 281–9273, fax (978) (6,804 kg); the correct amount is 30,000 harvest, this action was necessary to 281–9135. lb (13,608 kg). The entries at the 2nd ensure that the GB yellowtail flounder row, 11th and 12th columns of Table 4 SUPPLEMENTARY INFORMATION: TAC would not be exceeded during the are corrected to read 30,000 lb and Regulations governing the yellowtail 2004 fishing year. flounder and cod landing limits within 13,608 kg, respectively. At this time, data indicate that the the U.S./Canada Management Area are amount of GB yellowtail flounder Dated: January 12, 2005. found at 50 CFR 648.85(a)(3)(iv). The harvested under the Sea Scallop Access Alan D. Risenhoover, regulations authorize vessels issued a Program and the amount of GB Acting Director, Office of Sustainable valid limited access NE multispecies yellowtail flounder bycatch caught by Fisheries , National Marine Fisheries Service. permit and fishing under a NE vessels targeting groundfish other than [FR Doc. 05–929 Filed 1–14–05; 8:45 am] multispecies DAS to fish in the U.S./ yellowtail flounder within the U.S./ Canada Management Area under BILLING CODE 3510–22–S Canada Management Area will likely specific conditions. The TAC allocation not result in the overharvest of the TAC. for GB yellowtail flounder for the 2004 Therefore, under the authority of fishing year was specified at 6,000 mt in § 648.85(a)(3)(iv)(D), NMFS is re- the final rule implementing Amendment opening the U.S./Canada Management 13 to the NE Multispecies Fishery Area to NE multispecies DAS vessels,

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and removing the prohibition on the of the GB yellowtail flounder stock final rule allows general category harvest, possession, and landing of GB began on May 1, 2004, and additional scallop vessels to fish in the Northeast yellowtail flounder by all NE fishing opportunity on the stock was (NE) multispecies closed area access multispecies vessels within the entire provided as of June 1, 2004, with the program implemented as part of the U.S./Canada Management Area, opening of the Closed Area II Yellowtail Joint Frameworks, provided that they effective January 14, 2005. In addition, Flounder Special Access Program (SAP). comply with new recordkeeping and this action removes the previous daily If a proposed rule for this action, or reporting requirements. OMB has poundage limits for GB yellowtail delay in effectiveness were required, approved the reporting and flounder and GB cod for the entire U.S./ access to the Eastern U.S./Canada Area, recordkeeping requirements for vessels Canada Management Area and the as well as the ability to harvest with general category scallop permits, as Eastern U.S./Canada Area, respectively, yellowtail flounder from within the required under the Paperwork and reinstates the 15,000 lb (6,804 kg) entire U.S./Canada Management Area, Reduction Act (PRA). and 5,000 lb (2,268 kg) trip limit for GB would be delayed and would create an DATES: Effective February 17, 2005. yellowtail flounder and GB cod, unnecessary burden on the industry. For ADDRESSES: Copies of the Joint respectively, consistent with ensuring the above reason, under 5 U.S.C. Frameworks, their Regulatory Impact that the TACs for these species will not 553(b)(3), proposed rulemaking is not Review (RIR), including the Initial be exceeded by the end of the 2004 necessary because it would be contrary Regulatory Flexibility Analysis (IRFA), fishing year. Removal of the daily to the public interest. Furthermore, and the Environmental Assessment (EA) poundage limits for these species because this rule relieves a restriction, are available on request from Paul J. provides flexibility to the fishing there is good cause under 5 U.S.C Howard, Executive Director, New industry by allowing vessels that may 553(d)(3) to waive the 30–day delayed England Fishery Management Council, need to end their trip prematurely due effectiveness period for this action. 50 Water Street, Newburyport, MA to an unexpected event, such as poor This action is required by 50 CFR part 01950. These documents are also weather conditions, with the ability to 648 and is exempt from review under available online at http:// retain their catch onboard when Executive Order 12866. www.nefmc.org. NMFS prepared a Final entering port (catches of species with Authority: 16 U.S.C. 1801 et seq. Regulatory Flexibility Analysis (FRFA), daily poundage caps must be offloaded which is contained in the Classification Dated: January 12, 2005. when a vessel enters port). The overall section of the preamble of this rule. trip limits will help ensure that the Alan D. Risenhoover, Copies of the FRFA and the Small Entity mortality goals of the FMP are met. Acting Director, Office of Sustainable Compliance Guide are available from Additionally, trawl vessels fishing in Fisheries, National Marine Fisheries Service. the Regional Administrator, Northeast the Eastern U.S./Canada Area may only [FR Doc. 05–926 Filed 1–12–05; 4:30 pm] Regional Office, NMFS, One Blackburn fish with a haddock separator net, as BILLING CODE 3510–22–S Drive, Gloucester, MA 01930–2298, and described in § 648.85(a)(3)(iii)(A), for are also available via the internet at the purposes of reducing bycatch of http://www.nero.nmfs.gov. both GB cod and GB yellowtail flounder DEPARTMENT OF COMMERCE Written comments regarding the to allow greater access to the remaining burden-hour estimates or other aspects GB haddock TAC for the rest of the National Oceanic and Atmospheric Administration of the collection-of-information fishing year. requirements contained in this final rule Yellowtail flounder landings will be 50 CFR Part 648 should be submitted to Patricia A. closely monitored through VMS and Kurkul, Regional Administrator, NMFS, other available information and, once [Docket No. 040809233–4363–03; I.D. Northeast Regional Office, One 100 percent of the TAC allocation for 080304B] Blackburn Drive, Gloucester, MA, GB yellowtail flounder is projected to be 01930, and by e-mail to harvested, the Eastern U.S./Canada Area RIN 0648–AR55 [email protected], or to the will be closed to NE multispecies DAS Fisheries of the Northeastern United Federal e-rulemaking portal http:// vessels and the harvesting, possession, States; Atlantic Sea Scallop Fishery www.regulations.gov, or fax to (202) and landing of yellowtail flounder by and Northeast Multispecies Fishery; 395–7285. NE multispecies vessels in the U.S./ Framework 16 and Framework 39 Canada Management Area will be FOR FURTHER INFORMATION CONTACT: prohibited, in accordance with the AGENCY: National Marine Fisheries Peter W. Christopher, Fishery Policy regulations § 648.85(a)(3)(iv)(C)(3). Service (NMFS), National Oceanic and Analyst, 978–281–9288; fax 978–281– Atmospheric Administration (NOAA), 9135. Classification Commerce. SUPPLEMENTARY INFORMATION: This action re-opens the Eastern U.S./ ACTION: Final rule. Canada Area to the harvest of GB Background yellowtail flounder, and essentially SUMMARY: NMFS publishes this final The final rule for the Joint restores access to this area with similar rule to implement measures previously Frameworks (69 FR 63460, November 2, restrictions before the closure by approved, but not implemented under 2004) established Scallop Access Areas removing a prohibition on the Framework 16 to the Atlantic Sea within NE multispecies Closed Area I possession of GB yellowtail flounder in Scallop Fishery Management Plan (CAI), Closed Area II (CAII), and the the U.S./Canada Management Area in (Scallop FMP) and Framework 39 to the Nantucket Lightship Closed Area order to allow vessels to fully harvest Northeast Multispecies FMP (NLCA). The NE multispecies closed the TAC of GB yellowtail flounder. If (Multispecies FMP) (Joint Frameworks). areas are closed year-round to all fishing implementation of this action is The implementation of these measures that is capable of catching NE delayed, NMFS could be prevented from was delayed, pending approval of multispecies, including scallop fishing. permitting the full harvest of the GB reporting and recordkeeping The Joint Frameworks allowed the yellowtail flounder stock, GB cod, and requirements by the Office of scallop fishery to access the scallop GB haddock TACs. The directed harvest Management and Budget (OMB). This resource within portions of the NE

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multispecies closed areas during the total number of allowed trips is have on small entities, including general specified seasons, and ensure that NE reached. The limits on the number of category scallop vessels effected by this multispecies catches by scallop vessels trips general category vessels may take action. The contents of the FRFA and are consistent with the Multispecies for 2004, 2005, and 2006, are as follows: the incorporated documents (the IRFA, FMP. The Joint Frameworks also revised (1) 2004; 420 trips in CAII and 386 trips the RIR, and the EA) are not repeated the Essential Fish Habitat (EFH) closed in NLCA; (2) 2005; 162 trips in CAI and here, and a copy of these documents is areas implemented under Amendment 385 trips in CAII; and (3) 2006; 141 trips available upon request (see ADDRESSES). 10 to the Scallop FMP in order to make in CAI and 340 trips in NLCA. the areas consistent with the EFH d. A requirement to install and use a Small Entity Compliance Guide closures under the Multispecies FMP, as NMFS-certified vessel monitoring Section 212 of the Small Business established by Amendment 13 to the system (VMS) in order to notify NMFS Regulatory Enforcement Fairness Act of Multispecies FMP. when a vessel plans to fish in a Scallop 1996 states that for each rule or group A proposed rule including the Access Area. of related rules for which an agency is management measures for general e. A prohibition on retaining or required to prepare a FRFA, the agency category scallop vessel access was landing NE multispecies, with a shall publish one or more guides to published on August 26, 2004 (69 FR requirement to report all catch of assist small entities in complying with 52470). Several comments related to the yellowtail flounder, including discards, the rule, and shall designate such measures for general category scallop so that it can be counted against the publications as ‘‘small entity vessel access to NE multispecies closed yellowtail flounder TAC for the scallop compliance guides.’’ The agency shall areas were submitted in response to the fishery. This restriction is consistent explain the actions a small entity is proposed rule. These comments and with the provisions for general category required to take to comply with a rule their responses were included in the vessels fishing in other exempted or group of rules. As part of this November 2, 2004, final rule for the fisheries under the Multispecies FMP. rulemaking process, a small entity Joint Frameworks. Detailed f. A requirement to carry at-sea compliance guide was prepared. The descriptions, justifications, and observers when requested. guide will be sent to all holders of summary of impacts of all of the g. VMS reporting of scallop and general category scallop permits issued management measures, including yellowtail catch to monitor fishery for the scallop fishery. In addition, general category scallop vessel access to activity and bycatch. (These copies of this final rule and guide (i.e., the NE multispecies closed areas, were requirements are also required of permit holder letter) are available from included in that final rule and are not limited access scallop vessels). the RA and are also available from repeated here. The measures allowing h. A requirement that scallop dredge NMFS, Northeast Region (see general category vessel access to the NE gear used within a Scallop Access Area ADDRESSES). multispecies closed areas were not be constructed with rings with a This final rule contains new made effective upon publication of the minimum diameter of 4 inches (10.2 collection-of-information requirements November 2, 2004, final rule because cm) (Amendment 10 imposed this approved by OMB under the PRA. NMFS had not received OMB approval requirement for General category vessels These new requirements apply to of the reporting and recordkeeping fishing in open areas, but delayed the general category vessels only (the requirements associated with these implementation of the requirement until requirements already exist for other provisions, and because owners of December 23, 2004). Dredge width for scallop vessels). Public reporting burden general category scallop vessels required general category vessels cannot exceed for these collections of information are time to prepare for the new 10.5 ft (3.2 m). estimated to average as follows: requirements. Since the reporting and Classification 1. Purchase and installation of VMS recordkeeping requirements have been units, OMB #0648–0491 (1 hr per approved by OMB, general category The Regional Administrator, response); scallop vessels are now subject to the Northeast Region, NMFS (RA) 2. Verification of VMS units, OMB following restrictions when fishing in determined that the framework #0648–0491 (0.083 hr per response); the NE multispecies closed areas: adjustments implemented by this final 3. Daily reporting via VMS without an a. A possession limit of 400 lb (181.4 rule are necessary for the conservation at-sea observer on board, OMB #0648– kg) of shucked, or 50 U.S. bushels (17.6 and management of the Atlantic sea 0491 (0.17 hr per response); hL) of in-shell scallops per trip. scallop fishery and the NE multispecies 4. Daily reporting via VMS with an at- b. A set-aside TAC for general fishery and are consistent with the sea observer on board, OMB #0648– category vessels, equal to 2 percent of Magnuson-Stevens Fishery 0491 (0.17 hr per response); the overall scallop TAC for each Scallop Conservation and Management Act and 5. VMS notification of intent to fish Access Area, requiring general category other applicable law. on the 25th of the month preceding the vessels to stop fishing in the specific The measures implemented under the intended trip, OMB #0648–0491 (0.033 scallop Access Area once the set-aside Joint Frameworks, including general hr per response); TAC is reached. The general category category scallop vessel access to the NE 6. VMS notification of scheduled set-aside TACs for 2004, 2005, and multispecies closed areas, has been Access Area trip 72 hr prior to 2006, are as follows: (1) 2004; 167,904 determined to be not significant for departure, OMB #0648–0491 (0.033 hr lb (76 mt) in CAII and 154,368 lb (70 mt) purposes of Executive Order 12866. per response); in NLCA; (2) 2005; 64,860 lb (29 mt) in NMFS, pursuant to section 604 of the 7. VMS notification of trip 1 hr prior CAI and 153,971 lb (70 mt) in CAII; and Regulatory Flexibility Act (RFA), to departure, OMB #0648–0491 (0.033 (3) 2006; 56,482 lb (26 mt) in CAI and prepared a FRFA in support of the Joint hr per response); 135,937 lb (62 mt) in NLCA. Frameworks, which was included in the 8. Polling of VMS units twice per c. A limit on the number of trips that November 2, 2004, final rule hour, OMB #0648–0491 (0.0014 hr per the general category fleet can take into implementing the Joint Frameworks. response). the Scallop Access Areas, requiring The FRFA described the economic These estimates include the time for general category vessels to stop fishing impact that this final rule, along with reviewing instructions, searching in the specific scallop Access Area once other non-preferred alternatives, will existing data sources, gathering and

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maintaining the data needed, and (A) Except as provided in paragraph by all general category scallop vessels. completing and reviewing the collection (b)(5)(ii)(B) of this section, subject to the The Regional Administrator shall notify information. possession limit specified in all general category scallop vessels of Public comment is sought regarding: §§ 648.52(b) and 648.60(a)(5), and the date when the maximum number of Whether this collection of information subject to the seasonal restrictions allowed trips have been, or are projected is necessary for the proper performance specified in paragraph (b)(4) of this to be, taken for the 2004 and 2006 of the functions of the agency, including section, a vessel issued a general fishing years. whether the information shall have category scallop permit may not enter * * * * * practical utility; the accuracy of the in, or fish for, possess, or land sea I 4. In § 648.60, paragraph (g) is revised burden estimate; ways to enhance the scallops in or from the Closed Area I to read as follows: quality, utility, and clarity of the Access Area once the Regional information to be collected; and ways to Administrator has provided notification § 648.60 Sea scallop area access program minimize the burden of the collection of in the Federal Register, in accordance requirements. information, including through the use with § 648.60(a)(8), that 162 trips in the * * * * * of automated collection techniques or 2005 fishing year, and 141 trips in the (g) General category scallop vessels. other forms of information technology. 2006 fishing year, have been taken, in (1) A vessel issued a general category Send comments on these or any other total, by all general category scallop scallop permit, except a vessel issued a aspects of the collection of information vessels. The Regional Administrator NE Multispecies permit and a general to NMFS and to OMB (see ADDRESSES). shall notify all general category scallop category scallop permit that is fishing in Notwithstanding any other provision vessels of the date when the maximum an approved SAP under § 648.85 under of the law, no person is required to number of allowed trips have been, or multispecies DAS that has not enrolled respond to, and no person shall be are projected to be, taken for the 2005 in the general category Access Area subject to penalty for failure to comply and 2006 fishing years. fishery, may only fish in the Closed Area I, Closed Area II, and Nantucket with, a collection of information subject * * * * * Lightship Sea Scallop Access Areas to the requirements of the PRA, unless (c) * * * that collection of information displays a (5) * * * specified in § 648.59(b) through (d), currently valid OMB control number. (ii) * * * subject to the seasonal restrictions specified in § 648.59(b)(4), (c)(4), and List of Subjects in 50 CFR Part 648 (A) Except as provided in paragraph (c)(5)(ii)(B) of this section, subject to the (d)(4), and subject to the possession Fisheries, Fishing, Recordkeeping and possession limits specified in limit specified in § 648.52(a), and reporting requirements. §§ 648.52(b) and 648.60(a)(5), and provided the vessel complies with the requirements specified in paragraphs Dated: January 11, 2005. subject to the seasonal restrictions (a)(1), (a)(2), (a)(6) through (a)(9), (d), (e), specified in paragraph (c)(4) of this John Oliver, (f), and (g) of this section, and section, a vessel issued a general Deputy Assistant Administrator for § 648.85(c)(3)(ii). A vessel issued a NE category scallop permit may not enter Operations, National Marine Fisheries Multispecies permit and a general in, or fish for, possess, or land sea Service. category scallop permit that is fishing in scallops in or from the Closed Area II I For the reasons set out in the preamble, an approved SAP under § 648.85 under Access Area once the Regional 50 CFR part 648 is amended as follows: multispecies DAS that has not enrolled Administrator has provided notification in the Sea Scallop Area Access program in the Federal Register, in accordance PART 648—FISHERIES OF THE as specified in paragraph (a)(2) of this with § 648.60(a)(8), that 420 trips in the NORTHEASTERN UNITED STATES section is not subject to the restrictions 2004 fishing year, and 385 trips in the and requirements specified in I 1. The authority citation for part 648 2006 fishing year, have been taken, in continues to read as follows: § 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and total, by all general category scallop this paragraph (g). Authority: 16 U.S.C. 1801 et seq. vessels. The Regional Administrator (2) Gear restrictions. The combined I 2. In § 648.10, paragraph (b)(1)(iv) is shall notify all general category scallop dredge width in use by, or in possession revised to read as follows: vessels of the date when the maximum on board, general category scallop number of allowed trips have been, or vessels fishing in the Access Areas § 648.10 DAS notification requirements. are projected to be, taken for the 2004 described in § 648.59(b) through (d) may * * * * * and 2005 fishing years. not exceed 10.5 ft (3.2 m), measured at (b) * * * * * * * * the widest point in the bail of the (1) * * * (d) * * * dredge. (iv) A scallop vessel issued a general (5) * * * (3) Scallop TAC. General category category scallop permit when fishing (ii) * * * vessels fishing in the Access Areas under the Sea Scallop Area Access (A) Except as provided in paragraph specified in § 648.59(b) through (d) are Program specified under § 648.60 and in (d)(5)(ii)(B) of this section, subject to the authorized to land scallops, subject to the Sea Scallop Access Areas described possession limits specified in the possession limit specified in in § 648.59(b) through (d); §§ 648.52(b) and 648.60(a)(5), a vessel § 648.52(a), up to the amount allocated * * * * * issued a general category scallop permit to the scallop TACs for each Access I 3. In § 648.59, paragraphs (b)(5)(ii)(A), may not enter in, or fish for, possess, or Area specified below. If the scallop TAC (c)(5)(ii)(A), and (d)(5)(ii)(A) are revised land sea scallops in or from the for a specified Access Area has been, or to read as follows: Nantucket Lightship Access Area once is projected to be harvested, the the Regional Administrator has Regional Administrator shall publish § 648.59 Sea Scallop Access Areas. provided notification in the Federal notification in the Federal Register, in * * * * * Register, in accordance with accordance with the Administrative (b) * * * § 648.60(a)(8), that 386 trips in the 2004 Procedure Act, to notify general (5) * * * fishing year, and 340 trips in the 2006 category vessels that they may no longer (ii) * * * fishing year, have been taken, in total, fish within the specified Access Area.

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(i) Closed Area I Access Area. 64,840 § 648.59(b) through (d) may possess multispecies DAS, general category lb (29 mt) in 2005, and 56,482 lb (25.6 scallops up to the possession limit vessels fishing in the Access Areas mt) in 2006. specified in § 648.52(b), subject to a specified in § 648.59(b) through (d) are (ii) Closed Area II Access Area. limit on the total number of trips that prohibited from possessing any other 167,904 (76 mt) in 2004, and 153,971 lb can be taken by all such vessels into the species of fish. (70 mt) in 2005. Access Areas, as specified in (4) Number of trips. General category (iii) Nantucket Lightship Access Area. § 648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii). scallop vessels may not fish for, possess, 154,368 lb (70 mt) in 2004, and 135,937 If the number of trips allowed have been or land scallops in or from the Access lb (62 mt) in 2006. or are projected to be taken, the Areas specified in § 648.59(b) through (iv) Possession Limits—(A) Scallops. Regional Administrator shall publish (d) after the effective date of the A vessel issued a NE Multispecies notification in the Federal Register, in notification published in the Federal permit and a general category scallop accordance with the Administrative Register, stating that the total number of permit that is fishing in an approved Procedure Act, to notify general trips specified in § 648.59(b)(5)(ii), SAP under § 648.85 under multispecies category vessels that they may no longer (c)(5)(ii), and (d)(5)(ii) have been, or are DAS that has not enrolled in the general fish within the specified Access Area. projected to be, taken by general category Access Area fishery is (B) Other species. Except for vessels category scallop vessels. prohibited from possessing scallops. issued a general category scallop permit * * * * * General category scallop vessels fishing and fishing under an approved NE [FR Doc. 05–927 Filed 1–14–05; 8:45 am] in the Access Areas specified in multispecies SAP under NE BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 11

Tuesday, January 18, 2005

This section of the FEDERAL REGISTER formatted in Microsoft Word 97 for Background contains notices to the public of the proposed Windows or ASCII text. Why is FAA conducting this meeting? issuance of rules and regulations. The purpose of these notices is to give interested We will give the same consideration On December 7, 2004, the left wing of persons an opportunity to participate in the to any comments or information mailed a Raytheon Beech Model A45 (T–34A), rule making prior to the adoption of the final to us as those presented at the public serial number G–13, separated from the rules. meeting. airplane in flight. The airplane, operated by Texas Air Aces, crashed near FOR FURTHER INFORMATION CONTACT: Montgomery, Texas. The wing was DEPARTMENT OF TRANSPORTATION • For Requests to Present a Statement found about a quarter mile away from at the Meeting: Contact Marvin Nuss, the crash site. Federal Aviation Administration Aerospace Engineer, FAA, Small The left wing center section failed 4 Airplane Directorate, 901 Locust, Room inches inboard of the forward wing 14 CFR Part 39 301, Kansas City, Missouri 64106; attach fitting. FAA investigation telephone: (816) 329–4117; facsimile: revealed visual evidence of fatigue not Raytheon Aircraft Company Beech (816) 329–4090; e-mail: previously addressed by Airworthiness Models 45 (YT–34), A45 (T–34A, B–45), [email protected]. Directive (AD) 2001–13–18 and AD and D45 (T–34B) Airplanes; Notice of • 2001–13–18 R1, which FAA issued as a Public Meeting For Questions Regarding the Previously Proposed ADs: Contact result of a 2003 accident near Conroe, AGENCY: Federal Aviation Steven Litke, Aerospace Engineer, FAA, Texas. Administration, DOT. Wichita Aircraft Certification Office, In November 2003, a Raytheon Beech Model A45 (T34A) airplane crashed ACTION: Notice of public meeting. 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; after the right wing failed at Wing SUMMARY: This document announces a telephone: (316) 946–4127; facsimile: Station (WS) 34 on the forward spar and public meeting of interest to owners and (316) 946–4107. WS 66.00 on the rear spar. The airplane, operated by Texas Air Aces, crashed operators of Raytheon Aircraft Company • For Requests for Special (Raytheon) Beech Models 45 (YT–34), near Conroe, Texas. The wing was Accommodations: Contact Scott found about a quarter mile away from A45 (T–34A, B–45), and D45 (T–34B) Wessley, AD Coordinator, FAA, Small airplanes. The purpose of the meeting is the crash site. Airplane Directorate, 901 Locust, Room On May 28, 1999, FAA issued priority to discuss technical issues and potential 301, Kansas City, Missouri 64106; corrective actions related to the letter AD 99–12–02 to address the in- telephone: (816) 329–4148; facsimile: flight separation of the right wing on a continued operational safety of the (816) 329–4149. affected airplanes, specifically related to Model A45 (T–34A) airplane. The the structural fatigue of critical structure SUPPLEMENTARY INFORMATION: airplane, operated by Sky Warriors, crashed near Rydall, Georgia, where the and Airworthiness Directive (AD) 2004– Participation at the Public Meeting 25–51. wing was found about a quarter mile away from the crash site. The left wing DATES: The Federal Aviation What must I do to make a presentation at the meeting? If you remained attached to the airplane Administration (FAA) will hold the following separation of the right wing. public meeting on Tuesday, February would like to make a presentation at the meeting, make your request to FAA no Examination of the right wing revealed 15, 2005, starting at 1 p.m. at the Hilton structural fatigue cracks at several of the Airport Hotel in Kansas City, Missouri, later than 10 days prior to the meeting. Submit these requests to Mr. Marvin fracture surfaces. Although it did not and continuing from 8 a.m. to 12:30 separate from the airplane, the left wing p.m. on Wednesday, February 16, 2005. Nuss as listed in the FOR FURTHER INFORMATION CONTACT section of this showed several fatigue cracks at several Registration will begin at 12:30 p.m. on locations. AD 99–12–02 required the day of the meeting. document. You should include a written summary of your presentation with a operating and speed restrictions on the ADDRESSES: We will hold the public time estimate of your presentation. affected airplanes and was superseded meeting at the Hilton Airport Hotel, by AD 2001–13–18. 8801 NW., 112th Street, Kansas City, Will FAA prepare an agenda? We will Based on all data on these accidents Missouri 64153; telephone (816) 891– prepare an agenda for this meeting. To including the additional visual evidence 8900. accommodate all presenters, we may of fatigue not previously addressed by If you are unable to attend, you may allocate less time for your presentation AD 2001–13–18 or AD 2001–13–18 R1, mail comments and information to FAA, than you requested. If you request to FAA issued emergency AD 2004–25–51. Small Airplane Directorate, Continued present after the deadline, we will This emergency AD required an Operational Safety Branch, ACE–113, schedule your presentation as time is inspection and/or modification program 901 Locust, Room 301, Kansas City, available. However, your name may not approved specifically for this AD by Missouri 64106. You may also send appear on the agenda. FAA Wichita Aircraft Certification comments electronically to the What if I need special equipment? Office (ACO). In essence, AD 2004–25– following addresses: You should include in your 51 grounded the T–34 fleet because of [email protected] or presentation request any special evidence of fatigue in locations not [email protected]. If you send audiovisual equipment that you need. evaluated from the first two accidents. comments electronically as attached We will accommodate reasonable The FAA took this action until the electronic files, the files must be requests. situation could be more fully

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understood and proper actions taken to as well as an assistive listening device. DATES: We must receive comments on ensure the continued airworthiness of If you need this assistance, make your this proposed AD by March 4, 2005. the fleet. request to FAA at least 10 days prior to ADDRESSES: Use one of the following All the technical aspects of this aging the public meeting. addresses to submit comments on this airplane issue need to be studied and • We will review and consider all proposed AD. understood in order for FAA to return material presented. Position papers or • DOT Docket Web site: Go to the fleet to an airworthy status. The materials may be accepted at the http://dms.dot.gov and follow the FAA will review and communicate (at discretion of the presiding officer. The instructions for sending your comments the meeting) the events leading to FAA requests that you provide 10 electronically. emergency AD 2004–25–51 and the copies of all materials for distribution to • Government-wide rulemaking Web reasons for our action. The FAA will the panel members. You have the choice site: Go to http://www.regulations.gov also provide its expectations for any on whether you want to present copies and follow the instructions for sending actions the public may propose to of the material to the audience. your comments electronically. restore the fleet to an airworthy and safe • The meetings are designed to solicit • Mail: Docket Management Facility, condition. public views and information. U.S. Department of Transportation, 400 The meeting will allow the public the Therefore, we will conduct the meeting Seventh Street, SW., Nassif Building, opportunity to discuss technical issues in an informal and nonadversial room PL–401, Washington, DC 20590. and communicate potential corrective manner. • By fax: (202) 493–2251. • actions related to the continued Issued in Kansas City, Missouri, on January Hand Delivery: Room PL–401 on operational safety of the affected 10, 2005. the plaza level of the Nassif Building, airplanes, specifically related to the Scott L. Sedgwick, 400 Seventh Street, SW., Washington, structural fatigue of critical structure Acting Manager, Small Airplane Directorate, DC, between 9 a.m. and 5 p.m., Monday and AD 2004–25–51. Aircraft Certification Service. through Friday, except Federal holidays. Public Meeting Procedures [FR Doc. 05–894 Filed 1–14–05; 8:45 am] For service information identified in this proposed AD, contact Boeing BILLING CODE 4910–13–P What procedures should I follow for Commercial Airplanes, P.O. Box 3707, this public meeting? If you plan to Seattle, Washington 98124–2207. attend the public meeting, please be You can examine the contents of this aware of the following: DEPARTMENT OF TRANSPORTATION • AD docket on the Internet at http:// There is no admission fee or other Federal Aviation Administration dms.dot.gov, or in person at the Docket charge to attend or participate in this Management Facility, U.S. Department meeting. You are responsible for your 14 CFR Part 39 of Transportation, 400 Seventh Street, own transportation and SW., room PL–401, on the plaza level of accommodations for the meeting. The [Docket No. FAA–2005–20024; Directorate the Nassif Building, Washington, DC. meeting is open to all who requested in Identifier 2004–NM–66–AD] FOR FURTHER INFORMATION CONTACT: Ivan advance to present or who register on RIN 2120–AA64 Li, Aerospace Engineer, Airframe the day of the meeting. This is subject Branch, ANM–120S, FAA, Seattle to availability of space in the meeting Airworthiness Directives; Boeing Aircraft Certification Office, 1601 Lind room. Model 747–200C and 747–200F Series Avenue, SW., Renton, Washington • FAA representatives will conduct Airplanes the meeting. We will have a panel of 98055–4056; telephone (425) 917–6437; technical experts and managers to AGENCY: Federal Aviation fax (425) 917–6590. discuss information on the subject. Administration (FAA), Department of SUPPLEMENTARY INFORMATION: • Transportation (DOT). The public meeting is intended as Comments Invited a forum to seek additional data and ACTION: Notice of proposed rulemaking supporting methodologies from (NPRM). We invite you to submit any written industry, the general public, and relevant data, views, or arguments operators. You must limit your SUMMARY: The FAA proposes to adopt a regarding this proposed AD. Send your presentation and submittals to data of new airworthiness directive (AD) for all comments to an address listed under this issue. Boeing Model 747–200C and 747–200F ADDRESSES. Include ‘‘Docket No. FAA– • The meeting will allow you to series airplanes. This proposed AD 2005–20024; Directorate Identifier present additional information not would require repetitive inspections for 2004–NM–66–AD’’ in the subject line of currently available to FAA and an cracking of the left and right C–3 frame your comments. We specifically invite opportunity for FAA to explain to you upper closure fittings of the nose cargo comments on the overall regulatory, the methodology and technical door, and corrective actions if economic, environmental, and energy assumptions that support our necessary. This proposed AD also aspects of the proposed AD. We will conclusions. provides an optional modification that, consider all comments submitted by the • FAA experts, industry, and public if done, would terminate inspections in closing date and may amend the participants are expected to hold a full certain areas. This proposed AD is proposed AD in light of those discussion of all technical material prompted by reports indicating that comments. presented at the meeting. If you present fatigue cracking was found in the We will post all comments we conclusions on this subject, you must inboard flange above the flight deck receive, without change, to http:// submit data that supports your floor on the C–3 frame upper closure dms.dot.gov, including any personal conclusions. fittings of the nose cargo door. We are information you provide. We will also • We will try and accommodate all proposing this AD to detect and correct post a report summarizing each speakers. In order to do this, we may cracking of the C–3 frame upper closure substantive verbal contact with FAA need to limit the time for presenters. fittings, which could extend and result personnel concerning this proposed AD. • We can make sign and oral in rapid depressurization of the Using the search function of that interpretation available at the meeting, airplane. website, anyone can find and read the

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website, anyone can find and read the replacing it with a new fitting. The Boeing Alert Service Bulletin 747– comments in any of our dockets, compliance times for the initial 53A2495 must be accomplished at the including the name of the individual inspection vary depending on the same time as the next scheduled who sent the comment (or signed the number of flight cycles that the airplane inspection in accordance with Boeing comment on behalf of an association, has accumulated as of the date of the Alert Service Bulletin 747–53A2265 business, labor union, etc.). You can initial release of the service bulletin (which is currently required by AD 91– review DOT’s complete Privacy Act (December 18, 2003), and whether 11–01). If the Zone 7 modification in Statement in the Federal Register certain modifications have been accordance with Boeing Service Bulletin published on April 11, 2000 (65 FR accomplished. Accomplishing the 747–53–2272 has been accomplished, 19477–78), or you can visit http:// actions specified in the service the service bulletin specifies a dms.dot.gov. information is intended to adequately compliance threshold of 3,000 flight address the unsafe condition. Examining the Docket cycles after the Zone 7 modification was The service bulletin also describes installed. If the applicable threshold has You can examine the AD docket on procedures for modifying the upper passed, the service bulletin provides a the Internet at http://dms.dot.gov, or in closure fittings. This modification grace period ranging from 250 to 1,000 person at the Docket Management involves doing an open-hole high flight cycles after the initial release of Facility office between 9 a.m. and 5 frequency eddy current (HFEC) Boeing Alert Service Bulletin 747– p.m., Monday through Friday, except inspection for cracking of certain 53A2495, depending on the number of Federal holidays. The Docket fastener holes, repairing if necessary, flight cycles the airplane has Management Facility office (telephone cold-working uncracked fastener holes, accumulated as of the initial release of (800) 647–5227) is on the plaza level of and installing new fasteners. If you do that service bulletin. the Nassif Building at the DOT street this modification, you do not need to For airplanes in Groups 3 and 4, the address stated in the ADDRESSES section. continue inspecting the upper part of service bulletin specifies a compliance Comments will be available in the AD the closure fitting, though you must time of prior to the accumulation of docket shortly after the DMS receives continue to inspect the flight deck floor 16,000 total flight cycles, or within them. tang. 1,000 flight cycles after the initial Discussion Other Relevant Rulemaking release of Boeing Alert Service Bulletin 747–53A2495, whichever is later. We have received reports indicating We previously issued AD 91–11–01, that fatigue cracking was found in the amendment 39–6997 (56 FR 22306, May FAA’s Determination and Requirements inboard flange above the flight deck 15, 1991). That AD requires repetitive of the Proposed AD floor on the C–3 frame upper closure inspections for cracking of the frame We have evaluated all pertinent fittings of the nose cargo door on Boeing structure and skin in the fuselage information and identified an unsafe Model 747–200F series airplanes. The Section 41, and repair if necessary. That condition that is likely to exist or affected airplanes had accumulated AD refers to Boeing Alert Service develop on other airplanes of this same approximately 20,000 to 23,500 total Bulletin 747–53A2265, Revision 7, type design. Therefore, we are flight cycles. While cracks have been dated January 25, 1990, as the proposing this AD, which would require found previously in the C–3 frame appropriate source of service the actions in Boeing Alert Service upper closure fittings, these reports information for the required actions. Bulletin 747–53A2495, described were of cracks in the inboard flange of That AD also states that installing new, previously, except as discussed under a fitting. This condition, if not improved body frame structure in ‘‘Differences Between the Proposed AD corrected, could result in the cracks accordance with Boeing Service Bulletin and Service Bulletin.’’ extending, which could result in rapid 747–53–2272, dated January 12, 1987, depressurization of the airplane. constitutes terminating action for the Differences Between the Proposed AD The C–3 frame upper closure fittings required repetitive inspections for the and Service Bulletin of the nose cargo door on Model 747– structure replaced and other adjacent Boeing Alert Service Bulletin 747– 200C series airplanes are identical to structure. 53A2495 specifies that you may contact those on Model 747–200F series Explanation of Compliance Times the manufacturer for instructions on airplanes. Therefore, these airplanes how to replace or repair any cracked may be subject to the same unsafe Paragraph (f) of this proposed AD upper closure fitting, but this proposed condition. refers to Boeing Alert Service Bulletin AD would require you to replace or 747–53A2495, Figure 1 (for Group 1 and Relevant Service Information repair any cracked upper closure fitting 2 airplanes) or Figure 2 (for Group 3 and in one of the following ways: We have reviewed Boeing Alert 4 airplanes), as applicable, as the source • Using a method that we approve; or Service Bulletin 747–53A2495, dated for the compliance time for the initial • Using data that meet the December 18, 2003. The service bulletin inspection required by that paragraph certification basis of the airplane that describes procedures for performing a (except as discussed under ‘‘Differences have been approved by an Authorized detailed visual inspection for cracking Between the Proposed AD and Service Representative for the Boeing Delegation of the C–3 frame upper closure fittings, Bulletin’’). For airplanes in Groups 1 Option Authorization Organization who including the flight deck floor tang, and and 2 in Boeing Alert Service Bulletin has been authorized by the FAA to make corrective actions if necessary. The 747–53A2495, the compliance threshold those findings. corrective actions include repairing, or for the initial inspection is based on Where Boeing Alert Service Bulletin replacing the fitting with a new fitting. whether the Zone 7 modification in 747–53A2495 specifies compliance The service bulletin describes accordance with Boeing Service Bulletin times relative to the date of the initial procedures for repairs; however, if you 747–53–2272 (the optional terminating release of the service bulletin, this find cracking that is outside certain action provided by AD 91–11–01) has proposed AD would require compliance limits, the service bulletin recommends been accomplished. If that modification relative to the effective date of the AD. that you contact Boeing for instructions has not been accomplished, the service Boeing Alert Service Bulletin 747– for repairing the upper closure fitting, or bulletin specifies that the inspection in 53A2495 provides the following

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information in Note 4 of the averaging of cabin pressure is not referred to as a ‘‘detailed inspection.’’ Accomplishment Instructions: ‘‘For the allowed.’’ We have determined that an We have included the definition for a purposes of this service bulletin, do not adjustment of flight cycles due to a detailed inspection in a note in the count flight-cycles with a cabin pressure lower cabin differential pressure is not proposed AD. differential of 2.0 [pounds per square substantiated and will not be allowed Costs of Compliance inch (psi)] or less. However, any flight- for use in determining the flight cycle threshold for this proposed AD. cycle with momentary spikes in cabin This proposed AD would affect about pressure differential above 2.0 psi must Clarification of Inspection Terminology 78 airplanes worldwide. The following be included as a full-pressure flight- In this proposed AD, the ‘‘detailed table provides the estimated costs for cycle. Cabin pressure records must be visual inspection’’ specified in Boeing U.S. operators to comply with this maintained for each airplane. Fleet Alert Service Bulletin 747–53A2495 is proposed AD.

ESTIMATED COSTS

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

Inspection ...... 2 $65 None ...... $130, per inspection cycle 20 $2,600, per inspection cycle.

Authority for this Rulemaking under the criteria of the Regulatory fitting above the flight deck floor. We are Flexibility Act. issuing this AD to detect and correct cracking Title 49 of the United States Code of the C–3 frame upper closure fittings, specifies the FAA’s authority to issue We prepared a regulatory evaluation of the estimated costs to comply with which could extend and result in rapid rules on aviation safety. Subtitle I, depressurization of the airplane. this proposed AD. See the ADDRESSES Section 106, describes the authority of Compliance the FAA Administrator. Subtitle VII, section for a location to examine the Aviation Programs, describes in more regulatory evaluation. (e) You are responsible for having the actions required by this AD performed within detail the scope of the Agency’s List of Subjects in 14 CFR Part 39 the compliance times specified, unless the authority. Air transportation, Aircraft, Aviation actions have already been done. We are issuing this rulemaking under safety, Safety. the authority described in Subtitle VII, Repetitive Inspections Part A, Subpart III, Section 44701, The Proposed Amendment (f) Do a detailed inspection of the left and right C–3 frame upper closure fittings of the ‘‘General requirements.’’ Under that Accordingly, under the authority section, Congress charges the FAA with nose cargo door, including the flight deck delegated to me by the Administrator, floor tang, according to the Accomplishment promoting safe flight of civil aircraft in the FAA proposes to amend 14 CFR part Instructions of Boeing Alert Service Bulletin air commerce by prescribing regulations 39 as follows: 747–53A2495, dated December 18, 2003. Do for practices, methods, and procedures the initial inspection at the applicable the Administrator finds necessary for PART 39—AIRWORTHINESS compliance time specified in Figure 1 (Group safety in air commerce. This regulation DIRECTIVES 1 and 2 airplanes) or 2 (Group 3 and 4 is within the scope of that authority airplanes) of the service bulletin, as because it addresses an unsafe condition 1. The authority citation for part 39 applicable; except, where the service bulletin continues to read as follows: specifies a compliance time relative to the that is likely to exist or develop on date of the initial release of the service products identified in this rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. bulletin, this AD requires compliance relative action. to the effective date of this AD. Repeat the § 39.13 [Amended] Regulatory Findings inspection thereafter at intervals not to 2. The FAA amends § 39.13 by adding exceed 3,000 flight cycles, except as provided We have determined that this the following new airworthiness by paragraph (h) of this AD. proposed AD would not have federalism directive (AD): Note 1: For the purposes of this AD, a implications under Executive Order Boeing: Docket No. FAA–2005–20024; detailed inspection is: ‘‘An intensive 13132. This proposed AD would not Directorate Identifier 2004–NM–66–AD. examination of a specific item, installation, have a substantial direct effect on the or assembly to detect damage, failure, or States, on the relationship between the Comments Due Date irregularity. Available lighting is normally (a) The Federal Aviation Administration supplemented with a direct source of good national Government and the States, or lighting at an intensity deemed appropriate. on the distribution of power and (FAA) must receive comments on this AD action by March 4, 2005. Inspection aids such as mirror, magnifying responsibilities among the various lenses, etc., may be necessary. Surface levels of government. Affected ADs cleaning and elaborate procedures may be For the reasons discussed above, I (b) None. required.’’ certify that the proposed regulation: 1. Is not a ‘‘significant regulatory Applicability Repair/Replacement action’’ under Executive Order 12866; (c) This AD applies to all Boeing Model (g) If any cracking is found during any 2. Is not a ‘‘significant rule’’ under the 747–200C and 747–200F series airplanes, inspection required by this AD: Before DOT Regulatory Policies and Procedures certificated in any category. further flight, do applicable repairs or replace the fitting with a new fitting, according to the (44 FR 11034, February 26, 1979); and Unsafe Condition Accomplishment Instructions of Boeing Alert 3. Will not have a significant (d) This AD was prompted by a report that Service Bulletin 747–53A2495, dated economic impact, positive or negative, a fatigue crack was found in the inboard December 18, 2003; except, where the on a substantial number of small entities flange of the left C–3 frame upper closure bulletin specifies to contact Boeing for

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appropriate action, before further flight, SECURITIES AND EXCHANGE should be included on the subject line repair in accordance with a method approved COMMISSION if e-mail is used. To help us process and by the Manager, Seattle Aircraft Certification review your comments more efficiently, Office (ACO), FAA; or in accordance with 17 CFR Parts 240, 242, and 249 please use only one method. The data meeting the certification basis of the Commission will post all comments on airplane approved by an Authorized [Release No. 34–51019; File No. S7–39–04] the Commission’s Internet Web site Representative for the Boeing Delegation RIN 3235–AJ33 Option Authorization Organization who the (http://www.sec.gov/rules/proposed). Manager, Seattle ACO, has authorized to Fair Administration and Governance of Comments also are available for public make this finding. For a repair method to be Self-Regulatory Organizations; inspection and copying in the approved by the Manager, Seattle ACO, as Disclosure and Regulatory Reporting Commission’s Public Reference Room, required by this paragraph, the Manager’s by Self-Regulatory Organizations; 450 Fifth Street, NW., Washington, DC approval letter must specifically reference Recordkeeping Requirements for Self- 20549. All comments received will be this AD. Regulatory Organizations; Ownership posted without change; we do not edit Optional Modification and Voting Limitations for Members of personal identifying information from submissions. You should submit only (h) Doing all actions associated with the Self-Regulatory Organizations; Ownership Reporting Requirements information that you wish to make modification of the upper closure fitting, available publicly. including performing an open-hole high for Members of Self-Regulatory frequency eddy current inspection for Organizations; Listing and Trading of FOR FURTHER INFORMATION CONTACT: cracking of certain fastener holes and all Affiliated Securities by a Self- Nancy J. Sanow, Assistant Director, at applicable corrective actions; according to Regulatory Organization (202) 942–0796, or Richard Holley III, Figure 4 of the Accomplishment Instructions AGENCY: Securities and Exchange Attorney, at (202) 942–8086, Division of of Boeing Alert Service Bulletin 747– Commission. Market Regulation, Securities and 53A2495, dated December 18, 2003; Exchange Commission, 450 Fifth Street, terminates the repetitive inspections of the ACTION: Proposed rule; extension of NW., Washington, DC 20549–1001. upper part of the upper closure fitting comment period. required by paragraph (f) of this AD. SUPPLEMENTARY INFORMATION: On SUMMARY: The Securities and Exchange However, inspections of the flight deck floor December 8, 2004, the Commission Commission (‘‘Commission’’) is tang must continue, as required by paragraph published for comment the SRO extending the comment period for a (f) of this AD. Proposed Rulemaking.1 These proposed release proposing to adopt new rules Note 2: There is no terminating action new rules and amendments to existing and amend existing rules under the available at this time for the inspections of rules relate to the governance, Securities Exchange Act of 1934 relating the flight deck floor tang required by administration, transparency, and paragraph (f) of this AD. to the fair administration, transparency, governance, and ownership of self- ownership of SROs that are national No Threshold Adjustment regulatory organizations (‘‘SROs’’), securities exchanges or registered securities associations, and the periodic (i) While Note 4 of the Accomplishment which was published for comment in Instructions of Boeing Alert Service Bulletin the Federal Register on December 8, reporting of information by these SROs 747–53A2495, dated December 18, 2003, 2004 (‘‘SRO Proposed Rulemaking’’). regarding their regulatory programs. The provides for adjusting the flight cycle The original comment period would proposals also relate to the listing and threshold specified in the service bulletin by have expired on January 24, 2005. The trading by SROs of their own or not counting flight cycles with a cabin new extended comment period will affiliated securities. pressure differential of 2.0 pounds per square expire on March 8, 2005. The Commission received requests inch or less, this AD does not allow this DATES: Comments should be submitted from interested persons to extend the adjustment. on or before March 8, 2005. comment period for this release to Alternative Methods of Compliance ADDRESSES: Comments may be March 8, 2005, to coincide with the (AMOCs) submitted by any of the following comment period for the Concept Release (j)(1) The Manager, Seattle ACO, has the methods: Concerning Self-Regulation.2 The authority to approve AMOCs for this AD, if Commission believes that extending the requested in accordance with the procedures Electronic Comments comment period for the SRO Proposed found in 14 CFR 39.19. • Use the Commission’s Internet Rulemaking is appropriate in order to (2) An AMOC that provides an acceptable comment form (http://www.sec.gov/ give the public additional time to level of safety may be used for any repair rules/proposed); or comment on the matters the release required by this AD, if it is approved by an • Send an e-mail to rule- addresses. Accordingly, the comment Authorized Representative for the Boeing [email protected]. Please include File period for the SRO Proposed Delegation Option Authorization Number S7–39–04 on the subject line; Organization who has been authorized by the Rulemaking is extended to March 8, Manager, Seattle ACO, to make those or 2005. • Use the Federal eRulemaking Portal findings. For a repair method to be approved, By the Commission. (http://www.regulations.gov). Follow the the repair must meet the certification basis of Dated: January 11, 2005. the airplane and the approval must instructions for submitting comments. Jill M. Peterson, specifically refer to this AD. Paper Comments Assistant Secretary. Issued in Renton, Washington, on January • Send paper comments in triplicate 7, 2005. [FR Doc. 05–886 Filed 1–14–05; 8:45 am] to Jonathan G. Katz, Secretary, BILLING CODE 8010–01–P Ali Bahrami, Securities and Exchange Commission, Manager, Transport Airplane Directorate, 450 Fifth Street, NW., Washington, DC Aircraft Certification Service. 1 See Securities Exchange Act Release No. 50699 20549–0609. (Nov. 18, 2004), 69 FR 71126 (Dec. 8, 2004). [FR Doc. 05–900 Filed 1–14–05; 8:45 am] All submissions should refer to File 2 See Securities Exchange Act Release No. 50700 BILLING CODE 4910–13–P Number S7–39–04. This file number (Nov. 18, 2004), 69 FR 71256 (Dec. 8, 2004).

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DEPARTMENT OF THE TREASURY immediately. The Act’s purposes are to the Act require that, for Program Year 1, address market disruptions, ensure the Program Year 2, and, if so determined 31 CFR Part 50 continued widespread availability and by the Secretary of the Treasury, for RIN 1505–AB09 affordability of commercial property Program Year 3, all entities that meet and casualty insurance for terrorism the definition of insurer under the Terrorism Risk Insurance Program; risk, and to allow for a transition period Program must make available in all of Additional Claims Issues; Insurer for the private markets to stabilize and their commercial property and casualty Affiliations build capacity while preserving State insurance policies coverage for insured insurance regulation and consumer losses resulting from an act of terrorism. AGENCY: Departmental Offices, Treasury. protections. This coverage cannot differ materially ACTION: Notice of proposed rulemaking. Title I of the Act establishes a from the terms, amounts and other temporary Federal program of shared coverage limitations applicable to losses SUMMARY: The Department of the public and private compensation for arising from events other than acts of Treasury (Treasury) is issuing this insured commercial property and terrorism. On June 18, 2004, the proposed rule as part of its casualty losses resulting from an act of Secretary of the Treasury announced his implementation of Title I of the terrorism, which as defined in the Act decision to extend the make available Terrorism Risk Insurance Act of 2002 is certified by the Secretary of the requirements through Program Year 3. (Act). The Act established a temporary Treasury, in concurrence with the As conditions for federal payment Terrorism Insurance Program (Program) Secretary of State and the Attorney under the Program, insurers must under which the Federal Government General. The Act authorizes Treasury to provide clear and conspicuous will share the risk of insured loss from administer and implement the disclosure to the policyholders of the certified acts of terrorism with Terrorism Risk Insurance Program, premium charged for insured losses commercial property and casualty including the issuance of regulations covered by the Program and of the insurers until the Program ends on and procedures. The Program will end Federal share of compensation for December 31, 2005. This proposed rule on December 31, 2005. Thereafter, the insured losses under the Program. In is a clarification that, for purposes of Act provides Treasury with certain addition, the Act requires that insurers calculating insurer deductibles and continuing authority to take actions as make certain certifications to Treasury meeting the requirements for claiming necessary to ensure payment, and process and submit claims for the the Federal share of compensation for recoupment, adjustments of insured loss in accordance with insured losses, affiliations are to be compensation and reimbursement for appropriate business practices and any determined based on the insurer’s insured losses arising out of any act of reasonable procedures Treasury may circumstances as of the date of the first terrorism (as defined under the Act) prescribe. certified act of terrorism in a Program occurring during the period between The Act also contains specific Year. November 26, 2002, and December 31, provisions designed to manage litigation DATES: Written comments may be 2005. arising out of or resulting from a submitted on or before February 17, Each entity that meets the definition certified act of terrorism. Among other 2005. of ‘‘insurer’’ (well over 2000 firms) must provisions, section 107 creates, upon participate in the Program. The amount certification of an act of terrorism by the ADDRESSES: Submit comments by e-mail of Federal payment for an insured loss Secretary, an exclusive Federal cause of to [email protected] or by resulting from an act of terrorism is to action and remedy for property damage, mail (if hard copy, preferably an original be determined based upon insurance personal injury, or death arising out of and two copies) to: Terrorism Risk company deductibles and excess loss or relating to an act of terrorism; Insurance Program, Public Comment sharing with the Federal Government, as preempts certain State causes of action; Record, Suite 2100, Department of the specified by the Act and the provides for consolidation of all civil Treasury, 1425 New York Ave., NW., implementing regulations. An insurer’s actions in Federal court for any claim Washington, DC 20220. All comments deductible increases each year of the (including any claim for loss of should be captioned with ‘‘Proposed Program, thereby reducing the Federal property, personal injury, or death) Rule on Insurer Affiliations’’. Please Government’s share prior to expiration relating to or arising out of an act of include your name, affiliation, address, of the Program. An insurer’s deductible terrorism; and provides that amounts e-mail address and telephone number in is calculated based on a percentage of awarded in actions for property damage, your comment. Comments will be the value of direct earned premiums personal injury, or death that are available for public inspection by collected over certain statutory periods. attributable to punitive damages are not appointment only at the Reading Room Once an insurer has met its deductible, to be counted as ‘‘insured losses’’ and of the Treasury Library. To make the federal payments cover 90 percent of not paid under the Program. The Act appointments, call (202) 622–0990 (not insured losses above the deductible, also provides the United States with the a toll-free number). subject to an annual industry-aggregate right of subrogation with respect to any FOR FURTHER INFORMATION CONTACT: limit of $100 billion. payment or claim paid by the United Howard Leikin, Senior Insurance The Program provides a federal States under the Program. Advisor; or David Brummond, Legal reinsurance backstop for three years. In implementing the Program, Counsel, Terrorism Risk Insurance The Act provides Treasury with Treasury is guided by several goals. Program, (202) 622–6770 (not a toll-free authority to recoup federal payments First, Treasury strives to implement the number). made under the Program through Act in a transparent and effective SUPPLEMENTARY INFORMATION: policyholder surcharges, up to a manner that treats comparably those maximum annual limit. The Act also insurers required to participate in the I. Background prohibits duplicate payments for Program and provides necessary On November 26, 2002, the President insured losses that have been covered information to policyholders in a useful signed into law the Terrorism Risk under other Federal programs. and efficient manner. Second, in accord Insurance Act of 2002 (Pub. L. 107–297, The mandatory availability or ‘‘make with the Act’s stated purposes, Treasury 116 Stat. 2322). The Act was effective available’’ provisions in section 103 of seeks to rely as much as possible on the

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State insurance regulatory structure. In certified act of terrorism in that Program accuracy in reflecting the appropriate that regard, Treasury has coordinated Year. affiliations at the time of such an event. the implementation of all aspects of the This change will clarify how However, after examining the different Program with the National Association deductible calculations, loss ways that affiliations may change in the of Insurance Commissioners (NAIC). certifications, claims for the Federal interim between events, Treasury Third, to the extent possible within share of compensation and receipt of considers this approach to be very statutory constraints, Treasury seeks to payment are to be handled, considering complicated to describe and administer. allow insurers to participate in the that (1) affiliations of insurers may Given the temporary nature of the Program in a manner consistent with change over the course of a Program Program, Treasury believes that this procedures used in their normal course Year, and (2) there may be more than alternative would require too great an of business. Finally, given the one act of terrorism certified in a effort to overcome the possibility of temporary and transitional nature of the Program Year. It is Treasury’s intention confusion for both insurers and the Program, Treasury is guided by the Act’s to make known how such a combination Program. goal that insurers develop their own of circumstances will be addressed under the Program so that insurers can The third alternative, determining capacity, resources, and mechanisms for affiliations as of January 1 of a Program terrorism insurance coverage when the plan their business affairs and Year, would be inconsistent with the Program expires. transactions accordingly. An insurer’s deductible for a Program interpretation Treasury has already II. Previous Rulemaking Year is based on direct earned premium issued. More importantly, Treasury considers this approach to have too To assist insurers, policyholders, and from the prior calendar year. Through an interpretive letter, issued on great a potential to provide an other interested parties in complying inaccurate reflection of the insurance with immediately applicable December 1, 2003, Treasury addressed the question of how the direct earned entity at the time of an actual certified requirements of the Act, Treasury issued act of terrorism. Since such an event can interim guidance to be relied upon by premium (and consequently, the insurer deductible) would be determined for an occur well into a Program Year, changes insurers until superseded by in affiliations may be significant. regulations. These notices of interim insurer or insurer group where the guidance have now been superseded by composition of the affiliations has It is Treasury’s view that the proposed final regulations. General provisions, changed since the prior calendar year. rule is a reasonable compromise including the scope of the Program and The interpretive letter indicated that the approach, one that can be relatively easy key definitions, and rules on disclosures affiliations in place at the time of the to understand and follow and practical and mandatory availability are at occurrence of the certified act of to administer. Under this approach, the Subparts A, B, and C of 31 CFR part 50 terrorism would govern how an affiliations used for calculating direct (68 FR 41250; 68 FR 59720). Treasury’s insurer’s or insurer group’s direct earned premium and the resultant rules applying provisions of the Act to earned premium would be determined insurer deductible for a Program Year State residual market insurance entities and the resulting deductible calculated. are determined for all insurers as of the and State workers’ compensation funds This interpretation did not address the date of the first act of terrorism certified are at Subpart D of 31 CFR part 50 (68 circumstance where more than one by the Secretary in a Program Year. This FR 59715). The rules setting forth event is certified in the same Program is regardless of whether the insurer has procedures for filing claims for payment Year. had any insured losses from the event. Treasury thus believes it is necessary of the Federal share of compensation for Treasury believes that the direct earned to provide additional guidance to insured losses are at Subpart F of 31 premium reported for the calendar year insurers to clarify Program CFR part 50 (69 FR 39296). Subpart G prior to the Program Year in which the implementation should more than one of 31 CFR part 50 (69 FR 39296) certified act occurs can readily be act of terrorism be certified in a Program contains the rules on audit and determined for the insurers affiliated at Year. In developing this proposed rule, recordkeeping, which specify record the time of the first event. The insurer Treasury examined a variety of other retention by insurers in connection with deductibles calculated from this alternatives for determining insurer the handling and settlement of claims to information can be reasonably applied affiliations, including: enable Treasury to perform financial to that first event’s insured losses as 1. The determination of affiliations as well as to the insured losses resulting and claim audits. Subpart I of 31 CFR of each certified act of terrorism; part 50 (69 FR 44932) contains from any certified acts in the remainder 2. The determination of affiliations as of the Program Year. Treasury’s rules implementing the of the first certified act in a Program litigation management provisions of Year for which the particular insurer As a practical matter, Treasury is section 107 of the Act. has losses; proposing that all requests for the III. The Proposed Rule 3. The determination of all affiliations Federal share of compensation for a as of January 1 of each Program Year. Program Year will be processed based Under the Act and regulations, Treasury has concluded that the first on the affiliations as of the first certified ‘‘affiliates’’ are treated collectively as alternative would produce unacceptable act in a Program Year, regardless of one insurer for purposes of calculating results because the insurer deductible is actual changes to those affiliations prior the insurer deductible. This proposed a Program Year deductible, not a per- to the occurrence of another certified act rule amends Subpart F of 31 CFR part event deductible. Any calculation of the within the same Program Year. This 50, which contains the claims deductible, in Treasury’s view, must be approach will allow Treasury to receive procedures for insurers seeking the applied against all insured losses and maintain consistent information in Federal share of compensation for consistently for the entire Program Year. providing the Federal share of insured losses, to clarify that for that The second alternative, determining compensation and reduce the potential Subpart’s purposes, insurer affiliations affiliations at the time of a first certified administrative burden that Treasury for any Program Year shall be act in a Program Year for which an might otherwise have in tracking and determined based on the insurer’s insurer actually has insured losses, reviewing claims in this temporary circumstances as of the date of the first would provide a higher degree of program.

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IV. Procedural Requirements Dated: January 11, 2005. • E-mail: [email protected]. Wayne A. Abernathy, Attention Docket ID No. OW–2002– Executive Order 12866, ‘‘Regulatory Assistant Secretary of the Treasury. 0068. Planning and Review’’. This rule is not • [FR Doc. 05–925 Filed 1–14–05; 8:45 am] Mail: Water Docket, Environmental a significant regulatory action for Protection Agency, Mailcode: 4101 T, BILLING CODE 4811–15–P purposes of Executive Order 12866, 1200 Pennsylvania Avenue, NW., ‘‘Regulatory Planning and Review,’’ and Washington, DC 20460. therefore has not been reviewed by the • Hand Delivery: Deliver your Office of Management and Budget. ENVIRONMENTAL PROTECTION comments to: EPA Docket Center, EPA AGENCY West, Room B102, 1301 Constitution Regulatory Flexibility Act. Pursuant to Avenue, NW., Washington, DC, the Regulatory Flexibility Act, 5 U.S.C. 40 CFR Part 122 Attention Docket ID No. OW–2002– 601 et seq., it is hereby certified that this 0068. Such deliveries are only accepted proposed rule will not have a significant [OW–2002–0068; FRL–7862–1] during the Docket’s normal hours of economic impact on a substantial operation. The EPA Docket Center number of small entities. Treasury is RIN 2040–AE71 Public Reading Room is open from 8:30 required to pay the Federal share of a.m. to 4:30 p.m., Monday through Extension of National Pollutant compensation to insurers for insured Friday, excluding legal holidays. The Discharge Elimination System losses in accordance with the Act. A telephone number for the Public condition of Federal payment is that the (NPDES) Permit Deadline for Storm Reading Room is (202) 566–1744, and Water Discharges for Oil and Gas insurer must submit to Treasury, in the telephone number for the Water Construction Activity That Disturbs accordance with procedures established Docket is (202) 566–2426. One to Five Acres by Treasury, a claim for payment and Instructions: Direct your comments to certain certifications. The Act itself AGENCY: Environmental Protection Docket ID No. OW–2002–0068. EPA’s requires all insurers receiving direct Agency (EPA). policy is that all comments received will be included in the public docket earned premium for any type of ACTION: Notice of Proposed Rulemaking. property and casualty insurance, as without change and may be made defined in the Act, to participate in the SUMMARY: Today EPA proposes to available online at http://www.epa.gov/ edocket, including any personal Program. This includes all insurers amend the rule on National Pollutant Discharge Elimination System storm information provided, unless the regardless of size or sophistication. The comment includes information claimed Act also defines property and casualty water permits to postpone until June 12, 2006, the requirement to obtain permit to be Confidential Business Information insurance to mean commercial lines of (CBI) or other information whose insurance without any reference to the coverage for oil and gas construction activity that disturbs one to five acres of disclosure is restricted by statute. Do size or scope of the insurer or the not submit information that you insured. Accordingly, any economic land. This would be the second postponement promulgated by EPA for consider to be CBI or otherwise impact associated with the proposed these activities. EPA proposes this protected through EDOCKET, rule flows from the Act and not the postponement in order to afford the regulations.gov, or e-mail. The EPA proposed rule. The proposed rule Agency additional time to complete EDOCKET and the federal merely clarifies the point in time at consideration of the issues raised by regulations.gov Web sites are which insurer affiliations are stakeholders about storm water runoff ‘‘anonymous access’’ systems, which determined for purposes of the Program. from construction activities at oil and means EPA will not know your identity A regulatory flexibility analysis is thus gas sites and of procedures for or contact information unless you not required. controlling storm water discharges as provide it in the body of your comment. If you send an e-mail comment directly appropriate to mitigate impacts on water List of Subjects in 31 CFR Part 50 to EPA without going through quality. EPA intends to take final action EDOCKET or regulations.gov, your e- Terrorism risk insurance. with respect to today’s proposal by mail address will be automatically March 10, 2005. Within six months of captured and included as part of the PART 50—TERRORISM RISK this final action (September 12, 2005), comment that is placed in the public INSURANCE PROGRAM EPA intends to publish a notice of docket and made available on the proposed rulemaking in the Federal Internet. If you submit an electronic 1. The authority citation for part 50 Register for addressing these discharges comment, EPA recommends that you continues to read as follows: and invite public comments. include your name and other contact Authority: 5 U.S.C. 301; 31 U.S.C. 321; DATES: Comments on the proposed rule information in the body of your Title I, Pub. L. 107–297, 116 Stat. 2322 (15 must be received on or before February comment and with any disk or CD–ROM U.S.C 6701 note). 17, 2005. you submit. If EPA cannot read your ADDRESSES: Submit your comments, comment due to technical difficulties 2. Subpart F is proposed to be identified by Docket ID No. OW–2002– and cannot contact you for clarification, amended by adding a new section 50.55 0068, by one of the following methods: EPA may not be able to consider your to read as follows: • Federal eRulemaking Portal: http:// comment. Electronic files should avoid § 50.55 Determination of Affiliations. www.regulations.gov. Follow the on-line the use of special characters, any form instructions for submitting comments. of encryption, and be free of any defects For the purposes of this Subpart F, an • Agency Web site: http:// or viruses. For additional instructions insurer’s affiliates for any Program Year www.epa.gov/edocket. EDOCKET, EPA’s on submitting comments, go to Section shall be determined based on the electronic public docket and comment I.C of the SUPPLEMENTARY INFORMATION insurer’s circumstances as of the date of system, is EPA’s preferred method for section of this document. the first certified act of terrorism in that receiving comments. Follow the on-line Docket: All documents in the docket Program Year. instructions for submitting comments. are listed in the EDOCKET index at

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http://www.epa.gov/edocket. Although information in a disk or CD–ROM that discharges. See also 40 CFR listed in the index, some information is you mail to EPA, mark the outside of the 122.21(c)(1). not publicly available, i.e., CBI or other disk or CD–ROM as CBI and then EPA published the Phase II Storm information whose disclosure is identify electronically within the disk or Water Rule in the Federal Register on restricted by statute. Certain other CD–ROM the specific information that December 8, 1999 (64 FR 68722). The material, such as copyrighted material, is claimed as CBI). In addition to one Phase II regulations require NPDES is not placed on the Internet and will be complete version of the comment that permit coverage as of March 10, 2003, publicly available only in hard copy includes information claimed as CBI, a for storm water discharges from small form. Publicly available docket copy of the comment that does not construction sites disturbing at least one materials are available either contain the information claimed as CBI acre but less than five acres of land and electronically in EDOCKET or in hard must be submitted for inclusion in the those sites disturbing less than one acre copy at the EPA Docket Center, EPA public docket. Information so marked that are part of a larger common plan of West, Room B102, 1301 Constitution will not be disclosed except in development or sale that, in total, Avenue, NW., Washington, DC, accordance with procedures set forth in disturbs at least one but less than five Attention Docket ID No. OW–2002– 40 CFR part 2. acres (hereinafter referred to as ‘‘small 0068. The EPA Docket Center Public 2. Tips for Preparing Your Comments. construction sites’’ or ‘‘small Reading Room is open from 8:30 a.m. to When submitting comments, remember construction activities’’). 40 CFR 4:30 p.m., Monday through Friday, to: 122.26(b)(15)(i) and (e)(8). In developing excluding legal holidays. The telephone i. Identify the rulemaking by docket the Phase II regulations, EPA conducted number for the Public Reading Room is number and other identifying an analysis of the potential impacts of (202) 566–1744, and the telephone information (subject heading, Federal the rule on the national economy and number for the Water Docket is (202) Register date and page number). also analyzed impacts on small entities. 566–2426. ii. Follow directions—The agency Costs associated with the regulations FOR FURTHER INFORMATION CONTACT: Jeff may ask you to respond to specific were generally associated with Smith, Office of Wastewater questions or organize comments by implementation of sediment and erosion Management, Office of Water, referencing a Code of Federal control practices or best management Environmental Protection Agency, at Regulations (CFR) part or section practices to reduce the pollutants 202–564–0652 or e-mail: number. commonly found in construction storm [email protected]. iii. Explain why you agree or disagree; water discharges that may ultimately suggest alternatives and substitute lead to water quality impairments. In SUPPLEMENTARY INFORMATION: language for your requested changes. performing these analyses, EPA I. General Information iv. Describe any assumptions and considered affected industrial sectors, provide any technical information and/ including the oil and gas industry. A. Affected Entities or data that you used. However, based on the information Entities potentially affected by this v. If you estimate potential costs or provided at the time, EPA assumed that action include operators of construction burdens, explain how you arrived at few, if any, oil and gas exploration, activities disturbing at least one acre, your estimate in sufficient detail to production, processing, or treatment but less than five acres of land at oil and allow for it to be reproduced. operations, or transmission facilities gas sites, North American Industrial vi. Provide specific examples to would fall within the 1 to 5 acre range Classification System (NAICS) codes illustrate your concerns, and suggest and thus require NPDES permit and titles: 211—Oil and Gas Extraction, alternatives. coverage under the Phase II regulations. 213111—Drilling Oil and Gas Wells, vii. Explain your views as clearly as Therefore, while that regulation did and 213112—Support Activities for Oil possible. apply to these facilities, EPA did not and Gas Operations. viii. Make sure to submit your include oil and gas exploration sites in This description is not intended to be comments by the comment period the economic analysis developed to exhaustive, but rather provides a guide deadline identified. support the regulatory determination for readers regarding entities likely to be II. Background promulgated in the Phase II Final Rule. affected by this action. This description See U.S. EPA, Economic Analysis of the identifies the types of entities that EPA The Water Quality Act of 1987 added Final Phase II Storm Water Rule, EPA is now aware could potentially be statutory language in Section 402(p) of 833–R–99–002, October 1999. affected by this action. Other types of the Clean Water Act (CWA) that directs EPA’s authority to promulgate the entities not identified could also be EPA to develop a phased approach to 1999 Phase II storm water regulations affected. To determine whether your regulate storm water discharges. EPA derives from CWA Section 402(p)(6) facility or company is affected by this published the Phase I Storm Water Rule which directed EPA to designate for action, you should carefully examine on November 16, 1990 (55 FR 47990), regulation sources of storm water for the applicability criteria in 40 CFR establishing NPDES permit application purposes of protecting water quality. 122.26(b)(15) and (e)(8). If you have requirements for ‘‘storm water EPA exercised this authority in 1999 to questions regarding the applicability of discharges associated with industrial designate storm water discharges from this action to a particular entity, consult activity.’’ The Phase I regulations define small municipal separate storm sewer the person listed in the preceding FOR large construction activities that disturb systems and small construction sites for FURTHER INFORMATION CONTACT section. five acres of land and greater (or less NPDES regulation. However, significant than five acres of total land area that is questions arose after the 1999 B. What Should I Consider as I Prepare part of a larger common plan of promulgation regarding whether storm My Comments for EPA? development or sale if the larger water discharges from small 1. Submitting CBI. Do not submit this common plan will ultimately disturb construction sites associated with oil information to EPA through EDOCKET, five acres or more) as ‘‘industrial and gas activities presented a water regulations.gov or e-mail. Clearly mark activity’’ under 40 CFR 122.26(b)(14)(x) quality problem at a level that justified the part or all of the information that and, as such, they are required to obtain national categorical regulation through you claim to be CBI. For CBI NPDES permit coverage for storm water the NPDES permit program, as well as

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the potentially high cost of compliance transmission facilities from the NPDES input on the appropriate approach for for this industry. As a result of these permit requirement. addressing construction storm water and other concerns, EPA amended its EPA believes that further postponing discharges from this industry. Finally, regulations to postpone until March 10, the date for NPDES regulation is EPA expects to propose and take some 2005, the deadline for oil and gas appropriate for these sources because subsequent final action based on the construction activities to obtain NPDES the Agency needs additional time to Agency’s conclusions following these storm water permits under the Phase II complete its evaluation of the economic activities. EPA specifically solicits rule, to allow for further consideration and legal issues that have been raised. comment on the proposed extension of of the environmental and economic Moreover, EPA is continuing to evaluate the permit deadline for small oil and gas impacts of this requirement. See 68 FR procedures and methods for controlling sites. The Agency will address these 11325 (March 10, 2003). storm water discharges from these comments when EPA takes final action During the past two years, EPA has sources as appropriate to mitigate on today’s proposal which EPA intends gathered information on size, location impacts on water quality. Through this to do by March 10, 2005. Regarding and other site characteristics to better action, EPA is proposing to exercise its other possible options under evaluate compliance costs associated authority under CWA Section 402(p)(6) consideration for a separate action, EPA with the control of storm water runoff to decide which sources to regulate does not have any specific draft from oil and gas construction activities. through NPDES permits and in regulatory language to share with the In addition, EPA has met with various particular, when to regulate those public at this time. Within six months sources. In the meantime, EPA strongly stakeholders, including visits to a of this final action, EPA intends to encourages oil and gas operators to number of oil and gas sites with publish a notice of proposed rulemaking employ best management practices construction-related activities, to in the Federal Register for addressing (BMPs) while engaged in construction discuss and review existing best these discharges and invite public activities to minimize any water quality management practices for preventing comment. problems that may be associated with contamination of storm water runoff this type of construction. EPA strongly IV. Statutory and Executive Order resulting from construction associated recommends that operators consider Reviews with these oil and gas activities. Based employing the BMPs described on the on recent information provided by the A. Executive Order 12866: Regulatory Agency’s NPDES storm water Web site Planning and Review U.S. Department of Energy, EPA now at: http://cfpub.epa.gov/npdes/ estimates that on average there are stormwater/menuofbmps/con_site.cfm. Under Executive Order 12866, (58 FR 30,000 oil and gas construction ‘‘starts’’ 51735 (October 4, 1993)) the Agency per year, including exploration and III. Today’s Action must determine whether the regulatory development activities. Although EPA In today’s action, EPA is proposing to action is ‘‘significant’’ and therefore was aware of this estimate two years ago extend until June 12, 2006, the deadline subject to OMB review and the (See 68 FR 11327 (March 10, 2003)), the for obtaining NPDES storm water requirements of the Executive Order. Agency has investigated this figure permits for oil and gas construction The Order defines ‘‘significant further and is now more confident that activity that disturbs at least one acre, regulatory action’’ as one that is likely it represents a reasonable estimate of the but less than five acres of land and sites to result in a rule that may: additional sites that should have been disturbing less than one acre that are a (1) Have an annual effect on the considered when EPA promulgated the part of a larger common plan of economy of $100 million or more or Phase II rule. Initially, EPA assumed development or sale that disturbs adversely affect in a material way the that very few of these starts would incur between one and five acres. The text economy, a sector of the economy, compliance costs associated with the proposed at § 122.26(e)(8) is not meant productivity, competition, jobs, the Phase II rule because most of them to create any duty to apply for an environment, public health or safety, or would be less than one acre. However, NPDES permit that did not already exist State, local, or tribal governments or EPA now believes that the majority of as a result of EPA’s Phase II regulations. communities; such sites may exceed one acre when Rather, this proposed amendment is (2) Create a serious inconsistency or the acreage attributed to lease roads, meant merely to extend the permitting otherwise interfere with an action taken pipeline right-of-ways and other deadline for a certain class of or planned by another agency; infrastructure facilities is apportioned to dischargers. (3) Materially alter the budgetary each site. During the past two years, During the next fifteen months, EPA impact of entitlements, grants, user fees, EPA has also gathered economic data for intends to (1) complete the economic or loan programs or the rights and the industry and is currently completing impact analysis; (2) complete the obligations of recipients thereof; or an economic impact analysis of the evaluation of the legal and procedural (4) Raise novel legal or policy issues existing Phase II regulations specific to implications associated with several arising out of legal mandates, the the oil and gas industry. EPA’s analysis options that the Agency is considering President’s priorities, or the principles performed to date recognizes that there with regard to regulation of storm water set forth in the Executive Order. can be administrative delays in the discharges from oil and gas-related It has been determined that this permitting process that were not construction sites; (3) continue to proposed rule is not a ‘‘significant considered in the original economic evaluate practices and methods regulatory action’’ under the terms of analysis for the 1999 Phase II operators may employ to control storm Executive Order 12866 and therefore is rulemaking. In addition to concerns water discharges from the sites affected not subject to formal OMB review. about costs and economic impacts, EPA by this proposal. EPA intends to notes that issues have been raised by convene at least one public meeting B. Paperwork Reduction Act several outside parties regarding Section with various stakeholders for the This proposed action would not 402(l)(2) of the CWA, which exempts purpose of exchanging information on impose an information collection certain storm water discharges from oil current industry practices and the burden under the provisions of the and gas exploration, production, effectiveness of those practices in Paperwork Reduction Act, 44 U.S.C. processing, or treatment operations or protecting water quality and obtaining 3501 et seq. If promulgated, it would

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merely postpone implementation of an entity. We continue to be interested in requirements that might significantly or existing rule deadline for discharges the potential impacts of the proposed uniquely affect small governments. associated with certain construction rule on small entities and welcome Thus, today’s proposed rule is not activity at oil and gas sites. comments on issues related to such subject to the requirements of Section Burden means the total time, effort, or impacts. 203 of UMRA. financial resources expended by persons to generate, maintain, retain, or disclose D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism or provide information to or for a Title II of the Unfunded Mandates Executive Order 13132, entitled Federal agency. This includes the time Reform Act of 1995 (UMRA), Pub. L. ‘‘Federalism’’ (64 FR 43255, August 10, needed to review instructions; develop, 104–4, establishes requirements for 1999), requires EPA to develop an acquire, install, and utilize technology Federal agencies to assess the effects of accountable process to ensure and systems for the purposes of their regulatory actions on State, local, ‘‘meaningful and timely input by State collecting, validating, and verifying and tribal governments and the private and local officials in the development of information; processing and sector. Under Section 202 of the UMRA, regulatory policies that have federalism maintaining information, and disclosing EPA generally must prepare a written implications.’’ ‘‘Policies that have and providing information; adjust the statement, including a cost-benefit federalism implications’’ is defined in existing ways to comply with any analysis, for proposed and final rules the Executive Order to include previously applicable instructions and with ‘‘Federal mandates’’ that may regulations that have ‘‘substantial direct requirements; train personnel to be able result in expenditures to State, local, effects on the States, on the relationship to respond to a collection of and tribal governments, in the aggregate, between the national government and information; search data sources; or to the private sector, of $100 million the States, or on the distribution of complete and review the collection of or more in any one year. Before power and responsibilities among the information; and transmit or otherwise promulgating an EPA rule for which a various levels of government.’’ disclose the information. written statement is needed, Section 205 This proposed rule does not have An Agency may not conduct or of the UMRA generally requires EPA to federalism implications. If promulgated, identify and consider a reasonable sponsor, and a person is not required to it will not have substantial direct effects number of regulatory alternatives and respond to a collection of information on the States, on the relationship adopt the least costly, most cost- unless it displays a currently valid OMB between the national government and control number. The OMB control effective or least burdensome alternative the States, or on the distribution of numbers for EPA’s regulations are listed that achieves the objectives of the rule. power and responsibilities among the in 40 CFR Part 9. The provisions of Section 205 do not various levels of government, as apply when they are inconsistent with C. Regulatory Flexibility Act specified in Executive Order 13132. applicable law. Moreover, Section 205 Thus, Executive Order 13132 does not The Regulatory Flexibility Act (RFA) allows EPA to adopt an alternative other apply to this rule. generally requires an agency to prepare than the least costly, most cost-effective a regulatory flexibility analysis of any or least burdensome alternative if the In the spirit of Executive Order 13132, rule subject to notice and comment Administrator publishes with the final and consistent with EPA policy to rulemaking requirements under the rule an explanation why that alternative promote communications between EPA Administrative Procedure Act or any was not adopted. Before EPA establishes and State and local governments, EPA other statute unless the agency certifies any regulatory requirements that may specifically solicits comment on this that the rule will not have a significant significantly or uniquely affect small proposed rule from State and local economic impact on a substantial governments, including tribal officials. number of small entities. Small entities governments, it must have developed F. Executive Order 13175: Consultation include small businesses, small under Section 203 of the UMRA a small and Coordination With Indian Tribal organizations, and small governmental government agency plan. The plan must Governments jurisdictions. provide for notifying potentially For purposes of assessing the impacts affected small governments, enabling Executive Order 13175, entitled, of today’s proposed rule on small officials of affected small governments ‘‘Consultation and Coordination with entities, small entity is defined as: (1) A to have meaningful and timely input in Indian Tribal Governments’’ (65 FR small business based on SBA size the development of EPA regulatory 67249, November 9, 2000), requires EPA standards; (2) a small governmental proposals with significant Federal to develop an accountable process to jurisdiction that is a government of a intergovernmental mandates, and ensure ‘‘meaningful and timely input by city, county, town, school district or informing, educating, and advising tribal officials in the development of special district with a population of less small governments on compliance with regulatory policies that have tribal than 50,000; and (3) a small the regulatory requirements. implications.’’ organization that is any not-for-profit EPA has determined that this This proposed rule does not have enterprise which is independently proposed rule to change an NPDES Tribal implications. It will not have owned and operated and is not deadline would not contain a Federal substantial direct effects on Tribal dominant in its field. mandate that may result in expenditures governments, on the relationship After considering the economic of $100 million or more for State, local, between the Federal government and impacts of today’s proposed rule on and tribal governments, in the aggregate, Indian tribes, or on the distribution of small entities, I certify that this action or the private sector in any one year. power and responsibilities between the will not have a significant economic The proposed rule would not impose Federal government and Indian tribes, impact on a substantial number of small any additional costs to these entities. as specified in Executive Order 13175. entities. Because EPA proposes to Thus, today’s proposed rule is not Thus, Executive Order 13175 does not postpone a deadline for numerous small subject to the requirements of Sections apply to this rule. entities to comply with NPDES permit 202 and 205 of the UMRA. For the same EPA specifically solicits additional requirements, this proposed action will reason, EPA has determined that this comment on this proposed rule from not impose any burden on any small rule contains no regulatory tribal officials.

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G. Executive Order 13045: Protection of I. National Technology Transfer And Dated: January 12, 2005. Children From Environmental Health Advancement Act Stephen L. Johnson, and Safety Risks Deputy Administrator. Section 12(d) of the National Executive Order 13045: ‘‘Protection of Technology Transfer and Advancement For the reasons set forth in the Children from Environmental Health Act of 1995 (‘‘NTTAA’’), Pub. L. 104– preamble, chapter I of title 40 of the Risks and Safety Risks’’ (62 FR 19885, 113, Section 12(d) (15 U.S.C. 272 note) Code of Federal Regulations is proposed April 23, 1997) applies to any rule that: directs EPA to use voluntary consensus to be amended as follows: (1) Is determined to be ‘‘economically standards in its regulatory activities significant’’ as defined under E.O. unless to do so would be inconsistent PART 122—EPA ADMINISTERED 12866, and (2) concerns an with applicable law or otherwise PERMIT PROGRAMS: THE NATIONAL environmental health or safety risk that impractical. Voluntary consensus POLLUTANT DISCHARGE EPA has reason to believe may have a standards are technical standards (e.g., ELIMINATION SYSTEM disproportionate effect on children. If materials specifications, test methods, the regulatory action meets both criteria, 1. The authority citation for part 122 sampling procedures, and business continues to read as follows: the Agency must evaluate the practices) that are developed or adopted environmental health or safety effects of by voluntary consensus standard bodies. Authority: The Clean Water Act, 33 U.S.C. the planned rule on children, and The NTTAA directs EPA to provide 1251 et seq. explain why the planned regulation is Congress, through OMB, explanations preferable to other potentially effective Subpart B—[Amended] when the Agency decides not to use and reasonably feasible alternatives available and applicable voluntary considered by the Agency. This 2. Revise § 122.26(e)(8) to read as consensus standards. regulation is not subject to Executive follows: This proposed rulemaking does not Order 13045 because it is not § 122.26 Storm water discharges economically significant as defined involve technical standards. However, (applicable to State NPDES programs, see under E.O. 12866. EPA is exploring the availability and § 123.25). potential use of voluntary consensus * * * * * H. Executive Order 13211: Actions standards developed consistent with the Concerning Regulations That NTTAA as a means of addressing storm (e) * * * Significantly Affect Energy Supply, water runoff from oil and gas (8) For any storm water discharge Distribution, or Use construction activities. Assuming that associated with small construction This proposed rule would not be EPA ultimately extends the permitting activity identified in paragraph (b)(15)(i) subject to Executive Order 13211, deadline as proposed, the Agency of this section, see § 122.21(c)(1). ‘‘Actions Concerning Regulations That would expect any future action to Discharges from these sources, other Significantly Affect Energy Supply, incorporate the use of voluntary than discharges associated with small Distribution, or Use’’ (66 FR 28355 (May consensus standards where such construction activity at oil and gas 22, 2001)) because it is not a significant standards are available consistent with exploration, production, processing, and regulatory action under Executive Order NTTAA and the requirements of the treatment operations or transmission 12866. The only effect of this proposed CWA. facilities, require permit authorization by March 10, 2003, unless designated rule would be to (1) delay the permit List of Subjects in 40 CFR Part 122 authorization requirement for for coverage before then. Discharges discharges associated with certain Administrative practice and associated with small construction construction activity at oil and gas sites procedure, Confidential business activity at such oil and gas sites require by an additional fifteen months and (2) information, Environmental protection, permit authorization by June 12, 2006. allow EPA time necessary to develop a Hazardous substances, Reporting and * * * * * further proposal to address storm water recordkeeping requirements, Water [FR Doc. 05–930 Filed 1–14–05; 8:45 am] discharges from such activities. pollution control. BILLING CODE 6560–50–P

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Notices Federal Register Vol. 70, No. 11

Tuesday, January 18, 2005

This section of the FEDERAL REGISTER County Committee election outreach Many of the supporters of the contains documents other than rules or efforts, procedures for nomination and proposed uniform guidelines consisted proposed rules that are applicable to the election of County Committee members, of member organizations of the Rural public. Notices of hearings and investigations, and reporting and accountability Coalition. Other supporters of specific committee meetings, agency decisions and sections of the proposed uniform rulings, delegations of authority, filing of requirements. FSA will be required to petitions and applications and agency follow such guidelines in conducting guidelines were the Minority statements of organization and functions are FSA County Committee elections. The Agricultural Producers Cooperative, the examples of documents appearing in this Federal Register notice in which the Twin Rivers Cooperative, the National section. proposed guidelines were issued Tribal Development Association, and provides additional information on the the Farmers Legal Action Group. background and intent of the guidelines. Individuals interested in County DEPARTMENT OF AGRICULTURE That notice also stated that, to the extent Committee elections also filed possible, the proposed guidelines would comments supporting all or specific Office of the Secretary be followed in preparation for the 2004 sections of the proposed uniform guidelines; whoever, fewer individuals Uniform Guidelines for Conducting County Committee election process filed supporting comments than Farm Service Agency County while comments were being reviewed. opposing comments. Committee Elections USDA received 352 comments on the While USDA received more negative proposed uniform guidelines. About 65 AGENCY: Department of Agriculture. than positive comments, section 10708 percent of the respondents objected to ACTION: Notice. of the 2002 Farm Bill grants discretion the issuance of any guidelines, although to the Secretary to issue uniform SUMMARY: The Secretary of Agriculture many of these general complaints also guidelines if the Secretary determines (the Secretary) published in the Federal contained objections to specific they would be necessary. After Register on August 17, 2004 proposed provisions. About 11 percent of the evaluating the nationwide results of the uniform guidelines for conducting respondents agreed with all the County Committee elections, the elections of Farm Service Agency (FSA) proposed guidelines, and 24 percent Secretary decided that issuing uniform County Committees, pursuant to section commented on only specific provisions. guidelines was warranted. The 10708 of the Farm Security and Rural In general, those respondents comments received have not changed Investment Act of 2002 (Pub. L. 107– disagreeing with the proposed uniform this basic determination. The Secretary 171) (the 2002 Farm Bill). The notice guidelines believe that the FSA County has, however, taken the logical course of provided a thirty-day period for public Committee election process used in action of addressing, and in some cases comments. As a result of numerous previous elections is fundamentally modifying, those specific provisions requests, the public comment period sound, and they wish to revert to the that drew significant numbers of was extended until October 16, 2004, in procedures used prior to the publication comments. a Federal Register notice published of the proposed guidelines. The majority A large number of comments September 22, 2004. After analysis of of the specific objections were to the concerned the Secretary’s option under the comments received, the Secretary is appointment of at-large members by the the 2002 Farm Bill to issue provisions now issuing the final uniform Secretary to represent the interest of allowing for the appointment of a guidelines for conducting FSA County SDA farmers and ranchers, nomination member representing the interests of Committee elections. of candidates for County Committees by SDA farmers and ranchers to particular DATES: Effective Date: January 18, 2005. the Secretary, reduction of term limits committees. However, the uniform FOR FURTHER INFORMATION CONTACT: Ken for County Committee members from 3 guidelines do not contain any Nagel, Administrative Management to 2 terms, the mailing of ballots by provisions for the appointment of an Specialist, Office of the Deputy voters directly to State offices, and SDA voting member. What the Administrator for Field Operations, increased centralization of the election guidelines do state is that the Secretary FSA, at (202) 720–7890, or at process. Many of the comments received may consider whether to issue written [email protected]. Persons with with these objections appear to be based provisions providing for such disabilities who require alternative on a form letter provided to County appointments. Such a determination means for communication (Braille, large Committee members and employees would only be made after a complete print, audiotape, etc.) should contact the from the National Association of Farmer analysis of the results of future County USDA Target Center at (202) 720–2600 Elected Committeemen. The American Committee elections. If it is determined (voice and TDD). Corn Growers, National Association of that such provisions should be issued, SUPPLEMENTARY INFORMATION: The Wheat Growers, National Cotton proposed written provisions on County Secretary is issuing uniform guidelines Council, National Farmers Organization, Committee appointments will be pursuant to the 2002 Farm Bill in order National Grange, and Women Involved published in the Federal Register with to ensure that FSA County Committees in Farm Economics filed a joint letter an opportunity for public comment are fairly representative of the with similar objections. Other before any such appointments would be agricultural producers covered by the individuals interested in County made. The public comments already relevant county or counties, including Committee elections also filed made on this issue will also be fair representation of socially comments opposing all or specific reexamined at that time. disadvantaged (SDA) farmers and sections of the proposed uniform Many comments were received ranchers. The guidelines address guidelines. regarding nomination by the Secretary

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of candidates if no nominations are State, and local legislative districts have members in the programs administered received during the official nomination evolved considerably since the 1930’s as by FSA. Those supporting the proposed period, or if the Secretary determines a result of the Voting Rights Act and the guideline on this issue were concerned that it is appropriate to nominate one-person, one vote decisions by the that many sitting County Committee additional candidates in order to ensure United States Supreme Court. While the members had been serving for too many fair representation. Those objecting to Voting Rights Act and the one person, years. Due to the reorganization of this policy asserted that such a one vote standard may not apply USDA, the term limit baseline had been procedure could politicize the directly to the drafting of FSA County reset in 1995 for all sitting County nomination process or would not be in Committee LAAs, generally accepted Committee members. This has resulted accord with the original intent of neutral redistricting criteria should be in many members having served on a Congress in creating locally elected considered in drafting those LAAs. Even County Committee well in excess of the County Committees. These objections without guidelines on this issue, FSA 9 years mandated by the present 3-term must be examined in light of the State committees will continue to limit. Such persons were not eligible to language and intent of the 2002 Farm exercise oversight of this process. seek election in 2004, and the remainder Bill as well. It is clear that Congress Nonetheless, the Secretary’s authority will be barred from reelection in 2005 intended that there should be changes regarding County Committees includes and 2006 as their LAAs rotate through in the County Committee election providing proper oversight to ensure the tree-year staggered election cycle. system when it enacted section 10708 of that the criteria contained in the Since a term limit is neutral in terms of the 2002 Farm Bill. Specifically, section regulation are being applied. Finally, SDA status and could, therefore, be a 10708 directs the Secretary to take steps any examination and possible detriment to presently sitting SDA to enhance the opportunities for SDA adjustment of LAA boundaries at the committee members, a determination candidates to be nominated and elected national level would be conducted by has been made to retain the current to County Committees. Providing the career staff, and would not result in three-term limit. The final guidelines Secretary with the authority to make changes unless the criteria contained in also clarify that an individual may not nominations in limited circumstances is the regulation is determined to have serve more than three consecutive terms a tool to reach this goal. As a matter of been violated. Even then, any new or portions of terms. practical consideration, since the boundaries would be subject to the same A majority of those commenting on Secretary would turn to local sources neutral criteria contained in the the provision to conduct annual reviews such as community-based organizations regulations. of County Committee elections or the County Committee members A suggestion from a respondent that supported annual reviews. Some themselves as a source of candidates, it any proposal to re-draw LAA respondents, however, were opposed to is unlikely that the partisan affiliation of boundaries should include some such reviews because, in their view, such candidates would be considered by mechanism for soliciting input from the they are based on a perceived lack of the Secretary. Finally, FSA County public is well advised. Provisions of this trust of the administration of the Committees by reaching out to SDA type are already contained in the election process by local FSA County producers and the groups representing guidelines and any objections can be Committees. Section 10708 of the 2002 SDA interests, can create a climate in presented to the FSA State committees Farm Bill continues to require the which an appropriate level of SDA and considered by the State committees Secretary to ensure that participation by as part of their LAA redistricting SDA producers and all other producers participation is generated. This will approval process. As a result of this are fairly represented on FSA County negate the necessity for the Secretary to suggestion, however, provisions for Committees. Conducting annual reviews nominate candidates in the first place. such reviews will be strengthened in the is one of many tools that the Secretary In light of these considerations, the final guidelines. may use to ensure that there is such fair Secretary will leave the provisions for Suggestions were also made that representation. Annual reviews also will Secretarial nominations contained in County Committee members should be ensure that all election procedures are the proposed guidelines, though a elected at-large. Such at-large elections followed in a uniform manner technical correction in language was might have the effect of diluting the nationwide and that they are made to this provision. voting strength of SDA producers and, understood by County Committees and Some respondents objected to a thereby, might reduce the likelihood of county office staff. review of local administrative area election of SDA committee members. A substantial number of comments (LAA) boundaries by the FSA national The uniform guidelines do provide that opposed the provision that requires that office in order to determine if redrawing the Secretary may consider the use of at- all marked ballots be returned directly such boundaries would assist in large seats for certain County to FSA State offices, and then be ensuring the fair representation of SDA Committees in the future; however, the returned in sealed ballot boxes for producers. Commenters asserted that Secretary has determined not to use public canvassing by the County FSA County Committees have handled such at-large seats at this time. In light Committees. Primary concerns were the this process well for over 50 years, and of all these considerations, except for a potential for problems in collection and that such boundary changing might strengthening of the ability of the public shipping of ballots by State offices and introduce partisan bias into county to comment on proposed LAA boundary the added burden to State office staff. elections. These objections must be changes, the uniform guideline Concerns were also expressed that this considered in light of the realities of provisions concerning LAA boundaries procedure could politicize these drafting LAA boundaries. First, the have been left unchanged in the final elections, and that County Committees regulations contained in 7 CFR part 7 guidelines. have conducted completely transparent are being revised to contain more Many respondents opposed reducing elections in the past. specific, neutral criteria that will guide term limits from the current three-term There is no reason to assume that FSA State and County Committees in limit to two terms. The most common career Federal employees handling their annual reexamination of LAA reason given was the loss of ballots at the State office would be any boundaries. The general standards institutional knowledge, along with the more likely to inject political governing the redistricting of national, length of time required to properly train partisanship into the process of placing

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ballots received in the mail into sealed nomination forms will also be mailed to in 7 CFR part 7 only provide for the ballot boxes. It is important to note that FSA outreach partners. release of voter names. This does not County Committee election ballots, Some respondents opposed give candidates the ability to returned by mail or in person, are sealed centralized ballot production and communicate effectively with eligible within a return envelope that has been mailing because of the additional costs voters. Both the final guidelines and the signed by the voter. At the time that the they believed were involved in this new regulations will be revised to allow the votes are counted, all these return process, the problems encountered in release of voter names and addresses to envelopes are emptied out of the ballot the 2003 County Committee elections, candidates. All other eligible voters will box. The eligibility of each voter to cast and the assertion that the entire election only be entitled to review a list of the a vote is then determine by checking the system in the United States is county- voter names. signature on the return envelope against based and administered and should not The remaining changes to the final the official list of eligible voters. If the be centralized. Additional objections to guidelines are minor changes of some of voting is determined to be proper, then centralized ballot production were the dates in the guidelines. the sealed ballots of the eligible voters based on the understanding that FSA Accordingly, USDA hereby issues contained within the return envelopes has moved to this system because FSA Uniform Guidelines for Conducting FSA are then co-mingled without management believed that county County Committee Elections, as follows: officers are not capable of administering identification. The ballots themselves Secretary of Agriculture—Uniform and conducting fair and unbiased are then opened and counted. While it Guidelines for Conducting Farm Service elections and that they believe that is certainly true that the great majority Agency County Committee Elections of County Committee elections have county office staffs should conduct all been handled properly, it is not phases of the election process. Some Pursuant to section 10708 of the Farm common election procedure that supporters of increased centralization of Security and Rural Investment Act of persons who may be directly working the County Committee election process 2002, (Pub. L. 107–171)(7 U.S.C. 2279– for those standing for election should be commented that they felt there has been, 1), the Secretary of Agriculture is handling ballots that are identified by in some cases, significant local bias and issuing the following uniform name. It is for this reason that the unfairness in the manner in which these guidelines for conducting elections to mailing back of all ballots to the State elections have been conducted, and that County Committees of the Farm Service offices was contained in the proposed they would like the entire process to be Agency (FSA), United States guidelines. The procedure was tested in removed from the hands of FSA county Department of Agriculture (USDA). The the 2004 County Committee election for office staff. purpose of such guidelines is to ensure 300 targeted counties. After review of The driving force behind the that such County Committees are fairly this pilot project, FSA determined that centralization of ballot printing and representative of the agricultural this procedure was manageable for mailing is cost saving and efficiency. producers covered in the relevant about 300 to 500 County Committee Furthermore, the maintenance of county or counties, including to ensure elections, but probably would be accurate and complete lists of USDA fair representation of socially- impractical for all County Committee customers is an integral part of FSA’s disadvantaged (SDA) farmers and elections. For this reason, the decision operations. Improvement of the ranchers on such committees, as well as has been made to require ballots to be accuracy of, and secure internal access to ensure public transparency and mailed directly to State offices only at to, FSA producer and other files will accountability of the election process. the request of a candidate, or when the allow FSA and the entire Department to Accordingly, the Farm Service Secretary determines that this procedure implement effective e-government Agency (FSA) shall conduct elections of is necessary in any specific county. In programs and to better service the needs members to FSA County Committees in all other cases, voters will return their of USDA’s customers. It should be noted accordance with the following ballots directly to their respective that the process of centralization of guidelines. ballot printing has uncovered significant county offices. I. County Committee Election Outreach The provision requiring that instances in which lists of eligible and Communication Efforts nomination forms be mailed to all voters were either outdated or contained eligible voters was supported in a serious errors. It should be further noted A. FSA will ensure that outreach majority of the comments. Supporters that election administrators in the efforts are taken at the National, State, did not necessarily recommend a United States are currently using central and local levels to ensure the fair specific mailing be conducted, but production and mailing of ballots for far representation of agricultural producers expressed greater support that more complex elections. Use of this in a given county or area, including fair nomination forms should be included procedure is in no way based on any representation of SDA farmers and with a newsletter or some other mailing. evaluation of either the level of fairness ranchers. Such efforts must be designed Those in opposition to the mailing of or bias under which elections are to increase the participation of eligible nomination forms felt that the process conducted by county office staff. The producers in the County Committee would not be productive in gaining Secretary has maintained this provision election process. additional nominations. in the final guidelines. B. Each FSA county office will work It has been decided to require State Another change to the final uniform with the State office to prepare an and county newsletters, or any mailing guidelines concerns who may receive a outreach plan, with specific steps that announcing County Committee list of eligible voters. Pursuant to the the county office will take on a year- elections, to include a nomination form Privacy Act, FSA issued a Privacy Act long basis to increase the participation and instructions, but not to require a System of Records notice that pertains, of producers generally and SDA special mailing of nomination forms in part, to the release of information producers specifically. A report alone. The final guidelines also require about producers eligible to vote in FSA detailing county office outreach efforts that nomination forms be readily County Committee elections. This shall be submitted to the Office of the available on the FSA Internet site and notice authorizes the disclosure of Deputy Administrator for Field publicly accessible in all USDA Service voters’ names and addresses to Operations, FSA, 30 days prior to the Centers. Reproducible versions of the candidates. The regulations contained end of the nomination period.

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C. FSA county and State offices, with nominees for the County Committee approve any such determination before guidance from the FSA national office, elections using any reasonable means such a change is implemented. will prepare a list of group contacts with necessary. FSA shall work with leaders 4. Apart from the annual review of which FSA will work on its outreach within the SDA community to identify LAAs by County Committees, the FSA efforts. Such group contacts should eligible nominees. Community leaders national office and State Committees include, as appropriate, land grant who are eligible producers should be shall conduct annual reviews of selected colleges, historically black colleges and encouraged to become candidates for County Committees in order to universities, Hispanic-serving County Committee membership. determine whether redrawing the LAA institutions, tribal colleges, American I. FSA State offices shall ensure that boundaries or increasing the number of Indian tribal organizations, community- county offices are taking all appropriate LAAs in a given area will assist in based organizations, civic or charitable outreach and communication efforts, ensuring the fair representation of SDA organizations, faith-based organizations, including follow-up visits to county producers in the area over which the groups representing minorities and offices. committee has jurisdiction. The FSA women, groups specifically representing J. The FSA national office shall national office and State Committees the interest of SDA producers, and provide specific written guidance to shall select such County Committees for similar groups and individuals in the State and county offices on County annual reviews when they deem such community. Committee election outreach and reviews are appropriate based on D. FSA county and State offices will communication efforts. The national evidence of possible under either develop partnerships with the office shall also develop partnerships representation of SDAs on a given group contacts or work with them on with appropriate national organizations County Committee. Any proposed outreach efforts as appropriate to assist to assist in outreach efforts. The change in LAAs will be open to public FSA in outreach efforts to SDA national office shall work closely with comment before such change is producers. County and State offices will the Office of the Assistant Secretary for implemented. also ensure that all groups contacts are Civil Rights in developing and provided with all appropriate election implementing outreach policy and 5. Each FSA office shall post the final materials on a timely basis, including activities. LAA boundaries in the county office, as fact sheets, posters, brochures, and well as locally publicize such nominations forms. II. County Committee Election boundaries in a county office newsletter E. FSA State Outreach Coordinators, Procedures and local media. State Communications Coordinators, A. Local Administrative Areas B. Eligible Voters Field Public Affairs Specialists, and other relevant State Office personnel 1. County Committees shall continue 1. County Committees shall maintain shall work together in developing and to annually review and provide State in the county office no later than June implementing State communications Committees with proposed changes in 15 of each year a current and updated plans for the election process. local administrative area (LAA) list of eligible voters for each LAA F. FSA county offices shall ensure boundaries within each FSA county conducting an election during the year. maximum publicity to remind and office jurisdiction no later than April 1 Any eligible voter may review a list of inform SDA farmers and ranchers of of each year. County Committees shall the names of eligible voters and the both the nomination and the election ensure that any LAA changes are in County Committees shall provide a list deadlines. FSA county offices shall effect no later than June 15 of each year. of names and addresses of eligible ensure that all written election material Each FSA county office shall post voters to any candidate requesting the is available in the county office, is proposed changes in the LAA list. County Committees shall maintain prominently displayed and boundaries in the count office, as well updated lists of eligible voters disseminated in the local area, and is as locally publicize such boundaries in throughout the nomination and election provided to all group contacts. FSA a county office newsletter and local period. Any person may contact a shall ensure that all communications on media to the extent practicable. The county office, either in person or in the election process are available in county office shall ensure that adequate writing, in order to ascertain whether languages other than English and in time is available for comments by they are on the eligible voters list. alternative formats when appropriate. eligible voters to be received before the County Committee election proposed LAA boundaries are 2. Any producer deemed to be communications materials (nomination considered for approval by the State ineligible to vote or who is not on the forms, fact sheets, posters, etc.) shall be Committee. list of eligible voters who believes that posted on FSA’s Web site at: http:// 2. The FSA national office shall he or she should be on the list may file www.fsa.usda.gov/pas/publications/ provide guidelines to County a written challenge with the County elections/ Committees on how to conduct the Committee at any time. The County G. County offices shall ensure that annual review of LAA boundaries. Such Committee must provide a response to information relating to elections is guidelines shall require the County the challenge within 15 calendar days. widely communicated, including the Committees, in conducting the annual If the County Committee denies the use of traditional and non-traditional review of LAA boundaries, to determine challenge, the producer may appeal media outlets. Media outlets should whether redrawing the LAA boundaries such denial to the State Committee. include television, radio, public service or increasing the number of LAAs in a 3. The County Committee shall announcements, SDA organization given area will assist in ensuring the fair provide to the State Committee a report newsletters, and other minority representation of SDA producers in the of any producer who the County publications. area over which the committee has Committee has specifically declared H. FSA county offices, as monitored jurisdiction. ineligible as a voter. The State by FSA State offices and State 3. If a County Committee determines Committee may overturn any committees, shall actively locate and that LAA boundaries should be redrawn ineligibility determination and direct recruit eligible candidates identified as or that the number of LAAs should be that the County Committee add that SDA farmers and ranchers as potential changed, the FSA State Committee must producer to the list of eligible voters.

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C. Nominations Secretary may include the current G. Term Limits 1. Nomination forms shall be directly advisory for the County Committee. 1. No member of a County Committee mailed to every eligible voter no later E. Balloting and Vote Tabulation may serve more than three consecutive than June 15 of each year. Such 1. Ballots shall be mailed to all three-year terms. A member will be nomination forms may be mailed to eligible voters contained in the County considered to have served a term if that eligible voters by including the form as Office records in the LAA conducting member served for a period of one and part of the mailing of an FSA State or the election. Ballots shall be mailed no one-half years, or greater, of that term. county newsletter mailed to producers. less than 4 weeks prior to the date of the This provision shall take effect with the 2. Nomination forms shall be easily election. Ballots will be printed and 2005 election and will be applied accessible to the public, including on mailed to eligible voters from a central retroactively to any prior terms served the FSA Internet site year round. location. Ballots shall be provided to by those persons seeking office in the Nomination forms shall be readily anyone requesting a ballot. Voter 2005 election. available at FSA county offices and eligibility shall be determined prior to III. Reporting and Accountability provided to the public upon request. tabulating the votes. Ballots shall state Requirements The FSA State and county offices shall the date, time, and location that votes provide reproducible nomination forms will be counted. A. Not later than 20 days after the to all of their group contacts. 2. County Committee elections will be date an election is held, each County 3. The official nominating period for held the first Monday of December each Committee shall file an election report County Committee election candidacy year, unless announced otherwise. on the results of the election with the shall run for 6 weeks after the official Voters shall mail or deliver ballots to FSA State and national offices. The FSA opening date. the FSA county office. Ballots, if mailed, national office shall provide specific 4. Individuals desiring to file a must be postmarked by the election date guidance to county offices on the form nomination may nominate themselves or, if hand delivered, received by the and contents of this report. At a or may nominate another eligible election date. The county office shall minimum, the report must include: candidate. Nominees, whether self provide a sealed ballot box into which 1. The number of eligible voters in the nominated, or nominated by another, ballots received shall be immediately LAAs conducting the election; must attest to their willingness to serve deposited. 2. The number of ballots cast by by signing the nomination form. 3. There shall be a 10 calendar day eligible voters (including the percentage Organizations representing SDA farmers advance notice to the public of the date of eligible voters that cast ballots); and ranchers may nominate any eligible of the vote counting. Ballot opening and 3. The number of ballots disqualified candidate. vote counting shall be fully open and in the election; 4. The percentage that the number of D. Slate of Candidates readily accessible to the public. The seal on the ballot box shall not be broken ballots disqualified is of the number of 1. If at least one nomination for prior to the public ballot counting. ballots received; candidacy is filed for an LAA for the 4. When requested by a nominee, or 5. The number of nominees for each County Committee election, the County when deemed necessary by the seat up for election; Committee shall not add names to the Secretary in a given county, voters shall 6. The race, ethnicity, and gender of slate of candidates after the close of the mail ballots to the FSA State Office, each nominee, and nomination period. rather than the county office. The FSA 7. The final election results (including 2. If no nominations are filed for a State office shall then deliver the ballots the number of ballots received by each particular County Committee seat, FSA in a sealed box to the FSA county office. nominee). shall notify the Secretary of this fact, The seal on the ballot box from the State B. After each election, the FSA and the Secretary may nominate up to office shall not be broken except at the national office shall compile the county two individuals for the slate. If the public ballot counting. election reports into a national election Secretary chooses not to exercise this report to the Secretary. The national authority, or only nominates one F. Challenges election report shall also be available to individuals, the State Committee may 1. Any nominee shall have the right anyone requesting a paper copy of the nominate up to two individuals for the to challenge an election in writing, in report and also shall be posted to the slate. If there are less than two nominees person, or both within 15 calendar days FSA Web-site. the national election on the slate after the Secretary and the after the results of the election are report shall include election data on State Committee determine whether to posted. Appeals to the election shall be SDA County Committee representation make any nominations, the County made to the County Committee, which by county. Committee shall ensure that the slate is will provide a decision on the challenge C. Not later than 90 days after the date filled with two nominees. to the appellant within 7 calendar days. an election is held, each County 3. Write-in candidates shall be The County Committee’s decision may Committee shall file a separate written accepted on ballots. The write-in be appealed to the State Committee election reform report with the FSA candidate must meet eligibility criteria within 15 calendar days of receipt of the State and national offices detailing its and attest to willingness to serve prior notice of the decision if the appellant efforts to comply with the uniform to being certified as a member or desires. guidelines and FSA regulations and alternate member. Write-in candidates 2. In the event that an election is directives on County Committee may serve as County Committee nullified as a result of an appeal or an elections. This report must contain a members or as alternates depending on error in the election process, a special detailed description of county office the number of votes received. election shall be conducted by the outreach efforts. The FSA national office 4. Notwithstanding the above county office and closely monitored by shall provide specific guidance to the guidelines, the Secretary may nominate the FSA State office. A special election county offices on the form and contents an eligible SDA producer to a slate shall be held according to the processes of this report. regardless of whether any nominations for a regular election, but with different D. Based on the county election have been filed. A nomination by the dates. reports and the county election reform

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reports, the FSA national office shall DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE provide feedback and guidance to FSA county and State offices on the election Agricultural Research Service Food Safety and Inspection Service process, including outreach efforts. The [Docket No. 04–051N] FSA national office shall also, based on Notice of Federal Invention Available its review of the county election reform for Licensing and Intent To Grant Codex Alimentarius Commission: reports, as well as its analysis of the Exclusive License Thirty-Seventh Session of the Codex data on SDA representation, submit an Committee on Food Hygiene AGENCY: Agricultural Research Service, annual report to the Secretary on USDA. AGENCY: Food Safety and Inspection election reform efforts, including Service, USDA. recommendations on further ACTION: Notice of availability and intent. improvements in the County Committee ACTION: Notice of public meeting and request for comments. election process. SUMMARY: Notice is hereby given that the Federally owned invention, U.S. IV. Additional Election Reform Efforts SUMMARY: The Office of the Acting Patent Application Serial No. 10/ Under Secretary for Food Safety, United A. USDA shall consider additional 973,274 entitled ‘‘Yeast Transformation States Department of Agriculture efforts to ensure such fair System’’ is available for licensing and (USDA), and the Food and Drug representation. Such additional efforts that the U.S. Department of Agriculture, Administration (FDA), United States may include, but are not limited to, Forest Service, intends to grant to Department of Health and Human compliance reviews of selected counties Wisconsin Alumni Research Foundation Services, are sponsoring a public by FSA’s and USDA’s Offices of Civil (WARF) of Madison, Wisconsin, an meeting on February 2, 2005, to provide Rights; consideration of at-large seats or exclusive license for this invention. information and receive public cumulative voting for certain County comments on agenda items that will be DATES: Comments must be received discussed at the Thirty-seventh Session Committees; further centralization of the within ninety (90) calendar days of the election process; and the issuance of of the Codex Committee on Food date of publication of this Notice in the Hygiene (CCFH) of the Codex provisions allowing for the appointment Federal Register. of an SDA voting member to particular Alimentarius Commission (Codex). The 37th Session of the CCFH will be held committees pursuant to the 2002 Farm ADDRESSES: Send comments to: Janet I. in Buenos Aires, Argentina, 14–19 Bill. Stockhausen, USDA Forest Service, One Gifford Pinchot Drive, Madison, March, 2005. The Acting Under V. Implementation of Uniform Wisconsin 53726–2398. Secretary and FDA recognize the Guidelines importance of providing interested FOR FURTHER INFORMATION CONTACT: parties the opportunity to obtain A. The FSA national office shall Janet I. Stockhausen of the USDA Forest background information on the agenda ensure that it issues all appropriate Service at the Madison address given items that will be discussed at this regulations, instructions, directives, above; telephone: (608) 231–9502; fax: forthcoming session of the CCFH. notices, and manuals to implement the (608) 231–9508; or e-mail: DATES: The public meeting is scheduled terms of these uniform guidelines. [email protected]. for Wednesday, February 2, 2005 from B. FSA shall institute a 10 a.m. to 4 p.m. SUPPLEMENTARY INFORMATION: The comprehensive monitoring process, ADDRESSES: The public meeting will be Federal Government’s patent rights to including spot checks on selected held in the Conference Room 1A001, this invention are assigned to the United counties, to ensure compliance with Harvey W. Wiley Federal Building, 5100 States of America, as represented by the these guidelines and FSA regulations Paint Branch Parkway, College Park, Secretary of Agriculture. The and directives on the County Committee MD. Documents related to the 37th prospective license will be royalty- process. Session of CCFH will be accessible via bearing and will comply with the terms the World Wide Web at the following C. The FSA national office shall and conditions of 35 U.S.C. 209 and 37 address: http:// ensure that appropriate training of FSA CFR 404.7. The prospective exclusive www.codexalimentarius.net/ county offices, including County license may be granted unless, within current.asp. Committees, is conducted on the ninety (90) days from the date of this FSIS invites interested persons to implementation of these guidelines and published Notice, the Forest Service submit comments on this notice. on FSA’s regulations and directives on receives written evidence and argument Comments may be submitted by any of the County Committee election process. which establishes that the grant of the the following methods: D. These uniform guidelines shall license would not be consistent with the • Mail, including floppy disks or CD– take effect immediately. requirements of 35 U.S.C. 209 and 37 ROMs, and hand- or courier-delivered items: Send to the FSIS Docket Clerk, Signed in Washington, DC, January 12, CFR 404.7. U.S. Department of Agriculture, Food 2005. Richard J. Brenner, Safety and Inspection Service, 300 12th Ann Veneman, Assistant Administrator. Street, SW., Room 102, Cotton Annex, Secretary of Agriculture. [FR Doc. 05–915 Filed 1–14–05; 8:45 am] Washington, DC 20730. All comments [FR Doc. 05–933 Filed 1–14–05; 8:45 am] BILLING CODE 3410–03–P received must include the Agency name BILLING CODE 3410–05–M and docket number 04–051N. All comments submitted in response to this notice will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through

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Friday. The comments also will be 2. Discussion paper on the regulations, Federal Register notices, posted on the Agency’s Web site at management of the work of the FSIS public meeting, recalls, and other http://www.fsis.usda.gov/regulations/ Committee. types of information that could affect or 2005_Notices_Index/. 3. Proposed draft guidelines on the would be of interest to our constituents application of general principles of food FOR FURTHER INFORMATION ABOUT THE and stakeholders. The update is hygiene to the [management] of Listeria 37TH SESSION OF THE CCFH CONTACT: U.S. communicated via Listserv, a free e-mail monocytogenes in foods. Delegate, Dr. Robert Buchanan, CFSAN subscription service consisting of 4. Proposed draft principles and Senior Science Advisor and Director of industry, trade, and farm groups, guidelines for the conduct of the CFSAN Office of Science, DHHS, consumer interest groups, allied health microbiological risk management FDA, CFSAN, 5100 Paint Branch professionals, scientific professionals, results. Parkway, College Park, Maryland 20740. 5. Proposed draft guidelines for the and other individuals who have Phone (301) 436–2396; Fax (301) 436– validation of food hygiene control requested to be included. The update is 2642, Email: measures. available on the FSIS Web page. [email protected]. 6. Proposed draft revision of the code Through Listserv and the Web page, FSIS is able to provide information to a FOR FURTHER INFORMATION ABOUT THE of hygienic practice for egg products. much broader, more diverse audience. PUBLIC MEETING CONTACT: Syed Amjad 7. Discussion paper on guidelines for Ali, International Issues Analyst, U.S. the application of the general principles Done in Washington, DC, on: January 12, Codex Office, FSIS, Room 4861, South of food hygiene to the risk based control 2005. Agriculture Building, 1400 of Salmonella spp. in poultry. F. Edward Scarbrough, Independence Avenue SW., 8. Discussion paper on guidelines for risk management options for U.S. Manager for Codex Alimentarius. Washington, DC 20250–3700. Phone [FR Doc. 05–935 Filed 1–14–05; 8:45 am] (202) 205–7760; Fax (202) 720–3157. Campylobacter in broiler chickens. Persons requiring a sign language 9. Discussion paper on guidelines for BILLING CODE 3410–DM–P interpreter or other special the application of the general principles of food hygiene to the risk based control accommodations should notify Dr. DEPARTMENT OF AGRICULTURE Rebecca Buchner, FDA at telephone of Enterohemorragic E. coli in ground (301) 436–1486, Fax (301) 436–2632. beef and fermented sausages. 10. Risk profile of Vibrio spp in Forest Service SUPPLEMENTARY INFORMATION: seafood. Flathead County Resource Advisory Background 11. Reports of the ad hoc FAO/WHO expert consultations on risk assessment Committee The Codex Alimentarius Commission of microbiological hazards in food and (Codex) was established in 1962 by two related matters. AGENCY: Forest Service, USDA. United Nations organizations, the Food Each issue listed will be fully ACTION: Notice of meeting. and Agriculture Organization (FAO) and described in documents distributed, or the World Health Organization (WHO). to be distributed, by the United States SUMMARY: The Flathead County Codex is the major international Secretariat to the Meeting. Members of Resource Advisory Committee (RAC) standard-setting organization for the public may access copies of these will meet in Kalispell, Montana on documents (see ADDRESSES). protecting the health and economic February 15. The purpose of this interests of consumers and encouraging Public Meeting meeting is to discuss the meeting fair international trade in food. Through schedule for this year, develop project adoption of food standards, codes of At the February 2, 2005 public criteria, select new Chair and determine practice, and other guidelines meeting, these agenda items will be participation in the upcoming RAC developed by its committees, and by described, discussed, and attendees will promoting their adoption and have the opportunity to pose questions meeting in Reno. implementation by governments, Codex and offer comments. Written comments DATES: The meeting will be held from 4 seeks to ensure that the world’s food may be offered at the meeting or sent to p.m. to 6 p.m. supply is sound, wholesome, free from the U.S. Delegate, for the 37th Session adulteration, and correctly labeled. In of the CCFH, Dr. Robert Buchanan (See ADDRESSES: The meeting will be held at the United States, USDA, FDA, and the ADDRESSES). Written comments should the Flathead County Commissioner’s Environmental Protection Agency (EPA) state that they relate to activities of the Office, Commissioner’s Conference manage and carry out U.S. Codex 37th Session of the CCFH. Room, 800 South Main, Kalispell, activities. Additional Public Notification Montana 59901. The Codex Committee on Food Public awareness of all segments of FOR FURTHER INFORMATION CONTACT: Hygiene (CCFH) was established to draft rulemaking and policy development is Kaaren Arnoux, Flathead National basic provisions on food hygiene for all important. Consequently, in an effort to Forest, Administrative Assistant, (406) foods. The Committee is chaired by the ensure that the public and in particular 758–5251. United States of America. minorities, women, and persons with SUPPLEMENTARY INFORMATION: The Issues To Be Discussed at the Public disabilities are aware of this notice, meeting is open to the public. Meeting FSIS will announce it on-line through the FSIS Web page located at http:// Denise Germann, The following items on the agenda for www.fsis.usda.gov. Public Affairs Specialist. the 37th Session of CCFH will be FSIS also will make copies of this discussed during the public meeting: Federal Register publication available Cathy Barbouletos, 1. Matters referred by the Codex through the FSIS Constituent Update, Forest Supervisor. Alimentarius Commission and other which is used to provide information [FR Doc. 05–893 Filed 1–14–05; 8:45 am] Codex Committees. regarding FSIS policies, procedures, BILLING CODE 3410–11–M

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DEPARTMENT OF AGRICULTURE triennially and may be renewed. The will end not later than triennially and California Department of Food and may be renewed according to the Forest Service Agriculture (California) is designated to criteria and procedures prescribed in provide official inspection and weighing section 7(f) of the Act. The designation Sierra County, CA, Resource Advisory services until December 31, 2005, of California ends on December 31, Committee according to the Act. California is also 2005, according to the Act. However, AGENCY: Forest Service, USDA. delegated to provide export services. California asked GIPSA for a voluntary California advised Grain Inspection, cancellation of their designation ACTION: Notice of meeting. Packers and Stockyards Administration effective April 30, 2005. Accordingly, SUMMARY: The Sierra County Resource (GIPSA) that they will cease providing California’s designation will cease Advisory Committee (RAC) will meet on official services on May 1, 2005. effective April 30, 2005, and GIPSA is January 27, 2005, in Downieville, Accordingly, GIPSA is announcing that asking for applicants to provide official California. The purpose of the meeting California’s delegation and designation service. is to discuss issues relating to will be canceled effective April 30, Pursuant to section 7(f)(2) of the Act, implementing the Secure Rural Schools 2005. GIPSA is asking for applicants for the following geographic area, the entire and Community Self-Determination Act domestic service in the California area. State of California, except those export of 2000 (Payments to States) and the DATES: Applications and comments port locations within the State, is expenditure of Title II funds benefiting must be postmarked or electronically assigned to this official agency. For National Forest System lands on the dated on or before February 17, 2005. export service after April 30, 2005, Humboldt-Toiyabe, Plumas and Tahoe ADDRESSES: We invite you to submit contact Michael Johnson, Federal State National Forests in Sierra County. applications and comments on this Manager, telephone number 916–376– DATES: The meeting will be held notice. You may submit applications 1930. Interested persons are hereby Thursday, January 27, 2005, at 10 a.m. and comments by any of the following given the opportunity to apply for methods: designation to provide official services ADDRESSES: The meeting will be held at • the Memorial Hall in Downieville, CA. Hand Delivery or Courier: Deliver to in the geographic areas specified above Janet M. Hart, Chief, Review Branch, under provisions of section 7(f) of the FOR FURTHER INFORMATION CONTACT: Ann Compliance Division, GIPSA, USDA, Act and section 800.196(d) of the Westling, Committee Coordinator, Room 1647–S, 1400 Independence USDA, Tahoe National Forest, 631 regulations issued thereunder. Persons Avenue, SW., Washington, DC 20250. wishing to apply for designation should Coyote St., Nevada City, CA 95959, • Fax: Send by facsimile transmission contact the Compliance Division at the (530) 478–6205, e-mail: to (202) 690–2755, attention: Janet M. [email protected]. address listed above for forms and Hart. information, or obtain applications at • SUPPLEMENTARY INFORMATION: Agenda E-mail: Send via electronic mail to the GIPSA Web site, http:// items to be covered include: (1) [email protected]. • www.usda.gov/gipsa/oversight/ Welcome and announcements; (2) status Mail: Send hardcopy to Janet M. parovreg.htm. of previously approved projects; and (3) Hart, Chief, Review Branch, Compliance Division, GIPSA, USDA, STOP 3604, Authority: Pub. L. 94–582, 90 Stat. 2867, review of and decisions on new projects as amended (7 U.S.C. 71 et seq.). proposals for current year. The meeting 1400 Independence Avenue, SW., is open to the public and the public will Washington, DC 20250–3604. David R. Shipman, have an opportunity to comment at the Read Applications and Comments: Deputy Administrator, Grain Inspection, meeting. The meeting will be All applications and comments will be Packers and Stockyards Administration. rescheduled if weather conditions available for public inspection at the [FR Doc. 05–885 Filed 1–14–05; 8:45 am] warrant. office above during regular business BILLING CODE 3410–EN–P hours (7 CFR 1.27(b)). Dated: January 10, 2005. FOR FURTHER INFORMATION CONTACT: Steven T. Eubanks, Janet M. Hart at 202–720–8525, e-mail DEPARTMENT OF AGRICULTURE Forest Supervisor. [email protected]. [FR Doc. 05–897 Filed 1–14–05; 8:45 am] Rural Utilities Service SUPPLEMENTARY INFORMATION: This BILLING CODE 3410–11–M action has been reviewed and Announcement of Grant and Loan determined not to be a rule or regulation Application Deadlines and Funding DEPARTMENT OF AGRICULTURE as defined in Executive Order 12866 Levels and Departmental Regulation 1512–1; Grain Inspection, Packers and therefore, the Executive Order and AGENCY: Rural Utilities Service, USDA. Stockyards Administration Departmental Regulation do not apply to this action. ACTION: Notice of funding availability [04–CA–A] Section 7(f)(1) of the Act authorizes and solicitation of applications. Cancellation of California’s Delegation GIPSA’ Administrator to designate a SUMMARY: The Rural Utilities Service and Designation and the Opportunity qualified applicant to provide official (RUS) announces the Fiscal Year (FY) for Designation in the California Area services in a specified area after determining that the applicant is better 2005 funding levels available for its AGENCY: Grain Inspection, Packers and able than any other applicant to provide Distance Learning and Telemedicine Stockyards Administration, USDA. such official services. GIPSA designated (DLT) grant, combination loan-grant and ACTION: Notice. California, headquarters in Sacramento, loan programs. In addition, RUS California, to provide official inspection announces the minimum and maximum SUMMARY: The United States Grain services under the Act on January 1, amounts for DLT combination loan- Standards Act, as amended (Act), 2003. grants and loans applicable for the fiscal provides that official agency Section 7(g)(1) of the Act provides year and the solicitation of combination designations will end not later than that designations of official agencies loan-grant and loan applications.

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DATES: You may submit completed FR 70217, December 3, 2004), provides Administrator has determined the applications for combination loan-grants information on resources and maximum amount of an application for and loans at any time. requirements for the competitive grant a grant in FY 2005 is $500,000 and the Reminder of competitive grant program. minimum amount of a grant is $50,000. application deadline: applications must The Notice of Solicitation of Items in Supplementary Information be mailed, shipped or submitted Applications published in the Federal electronically through Grants.gov no I. Funding Opportunity: Brief introduction to Register (69 FR 70217, December 3, later than February 1, 2005, to be the DLT program 2004), provides information on II. Award Information: Available funds, eligible for FY 2005 grant funding. The minimum and maximum amounts resources and requirements for the Notice of Solicitation of Applications III. Eligibility Information: Who is eligible, competitive grant program. published in the Federal Register (69 what kinds of projects are eligible, what 3. Combination Loan-Grants. FR 70217, December 3, 2004), provides criteria determine basic eligibility a. $44 million is available for information on resources and IV. Application and Submission Information: combination loan-grants ($40 million in requirements for the competitive grant Where to get application materials, what loans paired with $4 million in grants, program. constitutes a completed application, how i.e., $100 loan : $10 grant ratio). Under and where to submit applications, 7 CFR 1703.133, the Administrator has ADDRESSES: You may obtain application deadlines, items that are eligible determined the maximum amount of an guides and materials for all DLT V. Application Review Information: application for a combination loan-grant programs via the Internet at the DLT Considerations and preferences, scoring in FY 2005 is $10 million and the Web site: http://www.usda.gov/rus/ criteria, review standards, selection minimum amount of a combination telecom/dlt/dlt.htm. You may also information VI. Award Administration Information: loan-grant is $50,000. request application guides and materials b. RUS will execute grant and loan from RUS by contacting the DLT Award notice information, award recipient reporting requirements documents appropriate to the project Program at (202) 720–0413. VII. Agency Contacts: Web, phone, fax, email, prior to any advance of funds with Submit completed paper applications contact name successful applicants. for grants, combination loan-grants or 4. Loans. loans to the Rural Utilities Service, U.S. I. Funding Opportunity a. $9.6 million is available for loans. Department of Agriculture, 1400 Distance learning and telemedicine Under 7 CFR 1703.143, the Independence Ave., SW., Room 2845, loans and grants are specifically Administrator has determined the STOP 1550, Washington, DC 20250– designed to provide access to education, maximum amount of an application for 1550. Applications should be marked training and health care resources for a loan in FY 2005 is $9.6 million and ‘‘Attention: Director, Advanced Services people in rural America. The Distance the minimum amount of a loan is Division, Telecommunications Learning and Telemedicine (DLT) $50,000. Program.’’ Program (administered by the DLT b. Financial assistance documents. Submit electronic grant or Branch of the Rural Utilities Service RUS will execute loan documents combination loan-grant applications at (RUS)) funds the use of advanced appropriate to the project prior to any http://www.grants.gov (Grants.gov), telecommunications technologies to advance of funds with successful following the instructions you find on help communities meet those needs. applicants. that Web site. The grants, which are awarded B. Renewal of financial assistance. FOR FURTHER INFORMATION CONTACT: through competitive process, may be DLT grants, combination loan-grants Orren E. Cameron, III, Director, used to fund telecommunications, and loans cannot be renewed. Award Advanced Services Division, Rural computer networks and related documents specify the term of each Utilities Service, U.S. Department of advanced technologies. award. Applications to extend existing Agriculture, telephone: (202) 720–0413, Applications for loans and projects are welcomed (grant fax: (202) 720–1051. combination loan-grants are not applications must be submitted during the application window) and will be SUPPLEMENTARY INFORMATION: competitively scored. In addition to the items listed for grants, loans and evaluated as new applications. Overview combination loan-grants may be used to III. Eligibility Information fund construction of necessary Federal Agency: Rural Utilities A. Who is eligible for combination Service (RUS). transmission facilities on a technology- loan-grants and loans? (See 7 CFR Funding Opportunity Title: Distance neutral basis. Examples of such facilities 1703.103.) Learning and Telemedicine Loans and include satellite uplinks, microwave 1. Only entities legally organized as Grants. towers and associated structures, T–1 one of the following are eligible for DLT Announcement Type: Funding Level lines, DS–3 lines, and other similar financial assistance: Announcement, and Solicitation of facilities. Loan funds may also be used a. An incorporated organization or Applications. to obtain mobile units and for some partnership, Catalog of Federal Domestic building construction. Please see 7 CFR b. An Indian tribe or tribal Assistance (CFDA) Number: 10.855. 1703, Subparts D, E, F and G for organization, as defined in 25 U.S.C. Dates: You may submit completed specifics. 450b (b) and (c), applications for combination loan-grants II. Award Information c. A State or local unit of government, and loans at any time. d. A consortium, as defined in 7 CFR Reminder of competitive grant A. Available funds. 1703.102, or application deadline: applications must 1. General. The Administrator has e. Other legal entity, including a be mailed, shipped or submitted determined that the following amounts private corporation organized on a for- electronically through Grants.gov no are available for grants, combination profit or not-for profit basis. later than February 1, 2005, to be loan-grants and loans in FY 2005 under 2. Individuals are not eligible for DLT eligible for FY 2005 grant funding. The 7 CFR 1703.101(g). financial assistance directly. Notice of Solicitation of Applications 2. Grants. $20.8 million is available 3. Electric and telecommunications published in the Federal Register (69 for grants. Under 7 CFR 1703.124, the borrowers under the Rural

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Electrification Act of 1936 (7 U.S.C. operate a rural community facility or to 3. All projects that applicants propose 950aaa et seq.) are not eligible for residents of rural areas, at rates to fund with RUS financial assistance combination loan-grants. They are, calculated to ensure that the benefit of must meet a minimum rurality however, eligible for loans (see 7 CFR the financial assistance is passed threshold, to ensure that benefits from 1703.101(f)). through to such entities or to residents the projects flow to rural residents. The B. What are the basic eligibility of rural areas. minimum eligibility score is 20 points. requirements for a project? Please see 7 CFR 1703.126(a)(2) for an 1. The DLT Program is designed to 2. If a loan applicant is a explanation of the rurality scoring and flow the benefits of distance learning telecommunications or electric borrower eligibility criterion. and telemedicine to residents of rural under the Rural Electrification Act of America (see 7 CFR 1703.103(a)(2)). 1936 (7 U.S.C. 901–950aa, et seq.), they a. Each application must apply the Therefore, in order to be eligible, may either pass the loan along to an following criteria to each of its end-user applicants must propose to use the entity that will fulfill paragraph III.B.1 sites, and hubs that are also proposed as financial assistance to: of this notice; or acquire, install, extend end-user sites, in order to determine a a. Operate a rural community facility; or improve a distance learning or rurality score. or telemedicine facility. Please see 7 CFR b. The rurality score is the average of b. Deliver distance learning or 1703.101(f). all end-user sites’ rurality scores. telemedicine services to entities that

Criterion Character Population DLT points

Exceptionally Rural Area ...... Area not within a city, village or borough ...... ≤5000 ...... 45 Rural Area ...... Incorporated or unincorporated area ...... >5000 and ≤10,000 ...... 30 Mid-Rural Area ...... Incorporated or unincorporated area ...... >10,000 and ≤20,000 ...... 15 Urban Area ...... Incorporated or unincorporated area ...... >20,000 ...... 0

4. Projects located in areas covered by B. What constitutes a completed provide specific guidance on each of the the Coastal Barrier Resources Act (16 application? items in the table. U.S.C. 3501 et seq.) are not eligible for 1. Detailed information on each item 2. The DLT application guide and any financial assistance from the DLT in the table in paragraph IV.B.6 of this ancillary materials provide all necessary Program. Please see 7 CFR notice can be found in the sections of forms and sample worksheets. 1703.132(a)(5) for combination loan- the DLT Program regulation listed in the 3. While the table in paragraph IV.B.6 grants and 7 CFR 1703.142(b)(3) for table, and the DLT application guide. of this notice includes all items of a loans. Applicants are strongly encouraged to completed application for each program, C. What are the items are required in read and apply both the regulation and RUS may ask for additional or clarifying an application? See paragraph IV.B of the application guide. information if the submitted item(s) do a. When the table refers to a narrative, this notice for a discussion of the items not fully address a criterion or other it means a written statement, that make up a completed application. provision. RUS will communicate with description or other written material You may also refer to 7 CFR 1703.134 applicants if the need for additional prepared by the applicant, for which no for completed combination loan-grant information arises. form exists. RUS recognizes that each application items, and 7 CFR 1703.144 4. Submit the required application for completed loan application items. project is unique and requests narratives of varying complexity to allow items in the listed order. IV. Application and Submission applicants to fully explain their request 5. DUNS Number. As required by the Information for financial assistance. OMB, all applicants for combination b. When documentation is requested, loan-grants must supply a Dun and A. Where to get application it means letters, certifications, legal Bradstreet Data Universal Numbering information. The loan and combination documents or other third party System (DUNS) number when applying. loan-grant application guide, copies of documentation that provide evidence The Standard Form 424 (SF–424) necessary forms and samples, and the that the applicant meets the listed contains a field for you to use when DLT Program regulation are available requirement. For example, evidence of supplying your DUNS number. from these sources: legal existence is sometimes proven by Obtaining a DUNS number costs 1. The Internet: http://www.usda.gov/ applicants who submit articles of nothing and requires a short telephone rus/telecom/dlt/dlt.htm, or http:// incorporation. This example is not call to Dun and Bradstreet. Please see www.grants.gov. intended to limit the types of the DLT Web site or Grants.gov for more 2. The DLT Program of RUS for paper documentation that may be submitted to information on how to obtain a DUNS copies of these materials: (202) 720– fulfill a requirement. DLT program number or how to verify your 0413. regulations and the application guide organization’s number.

6. TABLE OF REQUIRED ELEMENTS OF A COMPLETED APPLICATION, BY PROGRAM

Required items by application type Application item Combination loan-grants Loans (7 CFR 1703.134 and (7 CFR 1703.144 and 7 CFR 1703.135) 7 CFR 1703.145)

SF–424, completely filled out (Application for Federal Assistance form) ...... Yes ...... Yes. Executive Summary (narrative) ...... Yes ...... Yes. Rural Calculation Table ...... Yes ...... Yes.

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6. TABLE OF REQUIRED ELEMENTS OF A COMPLETED APPLICATION, BY PROGRAM—Continued

Required items by application type Application item Combination loan-grants Loans (7 CFR 1703.134 and (7 CFR 1703.144 and 7 CFR 1703.135) 7 CFR 1703.145)

Budget (table or other appropriate format) ...... Yes ...... Yes. Financial Information/Sustainability (narrative) ...... Yes ...... Yes. Pro Forma Financial Data (documentation) ...... Yes ...... Yes. Ability to execute a note with maturity > 1 year (documentation) ...... Yes ...... Yes. Revenue/expense reports and balance sheet (documentation: table or other Yes 1 ...... Yes.1 appropriate format). Income statement and balance sheet (documentation: table or other appro- Yes 2 ...... Yes.2 priate format). Balance sheet (table or other appropriate format) for a partnership, corpora- Yes ...... Yes. tion, company, other entity; or consortia of such entities (documentation). Property list (collateral)/adequate security (documentation) ...... Yes ...... Yes. Depreciation schedule ...... Yes ...... Yes. Revenue Source(s) for each hub and end-user site (documentation) ...... Yes ...... Yes. Economic analysis of rates—if applicant proposes to provide services to an- Yes ...... Yes. other entity (documentation). Telecommunications System Plan (narrative & documentation; maps or dia- Yes ...... Yes. grams, if appropriate). Scope of Work (narrative or other appropriate format) ...... Yes ...... Yes. Statement of Experience (narrative 3-page, single-spaced limit) ...... Yes ...... Yes. Certifications: Equal Opportunity and Nondiscrimination ...... Yes ...... Yes. Architectural Barriers ...... Yes ...... Yes. Flood Hazard Area Precautions ...... Yes ...... Yes. Uniform Relocation Assistance and Real Property Acquisition Policies Act Yes ...... Yes. of 1970. Drug-Free Workplace ...... Yes ...... Yes. Debarment, Suspension, and Other Responsibility Matters—Primary Cov- Yes ...... Yes. ered Transactions. Lobbying for Contracts, Grants, Loans, and Cooperative Agreements ...... Yes ...... Yes. Non Duplication of Services ...... Yes ...... Yes. Environmental Impact/Historic Preservation Certification ...... Yes ...... Yes. Environmental Impact/Historic Preservation Questionnaire ...... Yes 3 ...... Yes.3 Federal Obligations on Delinquent Debt ...... Yes ...... Yes. Evidence of Legal Authority to Contract with the Government (documentation) Yes ...... Yes. Evidence of Legal Existence (documentation) ...... Yes ...... Yes. Supplemental Information (if any)(narrative, documentation or other appro- Optional ...... Optional. priate format). 1 For educational institutions/consortia. 2 For medical institutions/consortia. 3 If project involves construction.

C. How many copies of an application you submit the application to RUS. See b. Packages arriving at the Department are required? http://www.whitehouse.gov/omb/grants/ of Agriculture via the USPS are 1. Applications submitted on paper: spoc.html for an updated listing of State irradiated, which can damage the a. Submit the original application and government points of contact. contents. RUS encourages applicants to two (2) copies to RUS. D. How and where to submit an consider the impact of this procedure in b. Submit one (1) additional copy to application. Combination loan-grant selecting their application delivery the State government point of contact (if applications may be submitted on paper method. one has been designated) at the same or electronically. RUS cannot accept 2. Electronically submitted time as you submit the application to electronic loan applications at this time; applications (applies only to RUS. See http://www.whitehouse.gov/ please submit loan applications on combination loan-grants). omb/grants/spoc.html for an updated paper. listing of State government points of a. Applications will not be accepted contact or contact the DLT Program. 1. Submitting applications on paper. via facsimile machine transmission or 2. Electronically submitted a. Address paper applications for electronic mail. applications (combination loan-grants): combination loan-grants or loans to the b. Electronic applications for a. The additional paper copies for Rural Utilities Service, U.S. Department combination loan-grants will be RUS specified in 7 CFR 1703.136(b) are of Agriculture, 1400 Independence Ave., accepted if submitted through the not necessary if you submit the SW., Room 2845, STOP 1550, Federal government’s Grants.gov application electronically through Washington, DC 20250–1550. initiative at http://www.grants.gov. Grants.gov. Applications should be marked b. Submit one (1) copy to the State ‘‘Attention: Director, Advanced Services c. How to use Grants.gov: government point of contact (if one has Division, Telecommunications (i) Navigate your Web browser to been designated) at the same time as Program.’’ http://www.grants.gov.

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(ii) Follow the instructions on that g. Credentialing and authorization of Federal Programs.’’ As stated in Web site to find grant or combination applicants. Grants.gov will also require paragraph IV.C of this notice, a copy of loan-grant information. some one-time credentialing and online a DLT combination loan-grant (iii) Download a copy of an authentication procedures. These application or a loan application must application package. procedures may take several business be submitted to the State single point of (iv) Complete the package off-line. days to complete, further emphasizing contact if one has been designated. the need for early action to complete the Please see http://www.whitehouse.gov/ (v) Upload and submit the application sign-up, credentialing and authorization omb/grants/spoc.html to determine via the Grants.gov Web site. procedures at Grants.gov before you whether your State has a single point of d. Grants.gov contains full submit an application at that Web site. contact. instructions on all required passwords, E. Deadlines. G. Funding restrictions. credentialing and software. 1. Reminder of competitive grant 1. Eligible purposes. e. If a system problem occurs or you application deadline: applications must a. End-user sites may receive financial have technical difficulties with an be mailed, shipped or submitted assistance; hub sites (rural or non-rural) electronic application, please use the electronically through Grants.gov no may also receive financial assistance if customer support resources available at later than February 1, 2005, to be they are necessary to provide DLT the Grants.gov Web site. eligible for FY 2005 grant funding. The services to end-user sites. Please see 7 f. Central Contractor Registry. In Notice of Solicitation of Applications CFR 1703.101(h). addition to the DUNS number now published in the Federal Register (69 b. To fulfill the policy goals laid out required of all grant applicants, FR 70217, December 3, 2004), provides for the DLT Program in 7 CFR 1703.101, submitting an application through information on resources and the following table lists purposes for Grants.gov requires that you list your requirements for the competitive grant financial assistance and whether each organization in the Central Contractor program. purpose is eligible for the assistance. Registry (CCR). Setting up a CCR listing 2. Applications for FY 2005 Please consult the application guide and (a one-time procedure with annual combination loan-grants (paper or the regulations (7 CFR 1703.102 for updates) takes up to five business days, electronic) and loans (paper only) may definitions, in combination with the so RUS strongly recommends that you be submitted at any time. portions of the regulation cited in the obtain your organization’s DUNS F. Intergovernmental review. All DLT table for each type of financial number and CCR listing well in advance programs are subject to Executive Order assistance) for detailed requirements for of the deadline specified in this notice. 12372, ‘‘Intergovernmental Review of the items in the table.

Combination loan-grants Loans (7 CFR 1703.131 and 7 CFR 1703.132) (7 CFR 1703.141 and 7 CFR 1703.142)

Lease or purchase of eligible DLT equipment Yes ...... Yes. and facilities. Acquire instructional programming ...... Yes ...... Yes. Technical assistance, develop instructional pro- Yes, not to exceed 10% of the financial as- Yes, not to exceed 10% of the financial as- gramming, engineering or environmental sistance. sistance. studies. Medical or education equipment or facilities Yes ...... Yes. necessary to the project. Vehicles using distance learning or telemedi- Yes ...... Yes. cine technology to deliver services. Teacher-student links located at the same facil- Yes, if linking is part of a broader DLT net- Yes, if linking is part of a broader DLT net- ity. work that meets other combination loan- work that meets other loan purposes. grant purposes. Links between medical professionals located at Yes, if linking is part of a broader DLT net- Yes, if linking is part of a broader DLT net- the same facility. work that meets other combination loan- work that meets other loan purposes. grant purposes. Site development or building alteration ...... Yes, if the activity meets other combination Yes, if the activity meets other loan purposes. loan-grant purposes. Land or building purchase ...... Yes, if the activity meets other combination Yes, if necessary to the overall project and in- loan-grant purposes. cidental to the loan amount. Building construction ...... Yes, if the activity meets other combination Yes, if necessary to the overall project and in- loan-grant purposes. cidental to the loan amount. Acquiring telecommunications transmission fa- Yes, if other telecommunications carriers will Yes, if other telecommunications carriers will cilities. not install in a reasonable time period & at not install in a reasonable time period & at an economically viable cost to the project. an economically viable cost to the project. Salaries, wages, benefits for medical or edu- No ...... No. cational personnel. Salaries/administrative expenses of applicant or No ...... No. project. Recurring project costs or operating expense ... No (equipment & facility leases are eligible) ... Yes, for the first two years after approval (leases are not recurring project costs). Equipment to be owned by the LEC or other Yes ...... Yes. telecommunications service provider, if the provider is the applicant. Duplicate distance learning or telemedicine No ...... No. services.

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Combination loan-grants Loans (7 CFR 1703.131 and 7 CFR 1703.132) (7 CFR 1703.141 and 7 CFR 1703.142)

Any project that, for its success, depends on No ...... No. additional DLT financial assistance or other financial assistance that is not assured. Application preparation costs ...... No ...... No. Other project costs not covered in regulation ... No ...... Yes, for the first two years of the operation. Costs & facilities providing distance learning No ...... Yes; financial assistance amount directly pro- broadcating. portional to the distance learning portion of use. Reimburse applicant or others for costs in- No ...... No. curred prior to RUS’ receipt of completed ap- plication.

2. Eligible Equipment & Facilities. 2. RUS also evaluates the following administrative and national policy Please see 7 CFR 1703.102 for project and application characteristics: requirements. definitions of eligible equipment, a. Services to be provided by the C. Reporting. eligible facilities and project. 1. Performance reporting. All telecommunications transmission b. Project cost. recipients of DLT financial assistance facilities as used in the table above. c. Project design. must provide annual performance d. Rurality of the proposed service activity reports to RUS until the project V. Application Review Information area. Please see paragraph III.B.3 of this is complete and the funds are expended. A. Special considerations or Notice for information on determining A final performance report is also preferences. 7 CFR 1703.112 directs that rurality. required; the final report may serve as an RUS telecommunications borrower e. Other characteristics. the last annual report. The final report will receive expedited consideration D. Combination loan-grants and loans must include an evaluation of the and determination of a loan application selection process. Based on the review success of the project in meeting DLT or advance under the Rural standards listed above and in the DLT Program objectives. See 7 CFR 1703.107. Electrification Act of 1936 (7 U.S.C. Program regulation, RUS will process 2. Financial reporting. All recipients 901–950aa, et seq.) if the loan funds in successful loan applications on a first- of DLT financial assistance must question are to be used in conjunction in, first-out basis, dependent upon the provide an annual audit, beginning with with a DLT grant, loan or combination availability of funds. Please see 7 CFR the first year a portion of the financial loan-grant (See 7 CFR 1737 for loans 1703.135 for combination loan-grant assistance is expended. Audits are and 7 CFR 1744 for advances). application processing and selection; governed by United States Department B. Criteria. Combination loan-grant and 7 CFR 1703.145 for loan application of Agriculture audit regulations. Please applications and loan applications are processing and selection. see 7 CFR 1703.108. evaluated on the basis of technical, VI. Award Administration Information financial, economic and other criteria. VII. Agency Contacts A. Combination loan-grants and loans Please see paragraph IV.B.6 of this A. Web site: http://www.usda.gov/rus/ award notices. notice for the items that will be telecom/dlt/dlt.htm. The RUS’ DLT Web RUS recognizes that each funded evaluated for a combination loan-grant site maintains up-to-date resources and project is unique, and therefore may or loan application, and paragraph V.C contact information for DLT programs. attach conditions to different projects’ of this notice for a brief listing of B. Phone: 202–720–0413. evaluation standards. award documents. 1. RUS generally sends a letter C. Fax: 202–720–1051. C. Combination loan-grants and loans D. E-mail: [email protected]. review standards. defining the characteristics of a loan (or the loan portion of a combination loan- E. Main point of contact: Orren E. 1. RUS evaluates applications’ Cameron, III, Director, Advanced financial feasibility using the following grant) such as the term, interest rate and any conditions on the loan. An Services Division, Rural Utilities information. Please see paragraph IV.B.6 Service, U.S. Department of Agriculture. of this of this notice for the items that applicant must communicate agreement constitute a completed combination with the characteristics of the loan to Dated: January 12, 2005. loan-grant or loan application. Also, see RUS before a loan or combination loan- Curtis M. Anderson, 7 CFR part 1703 subpart F for grant moves into the approval process. Acting Administrator, Rural Utilities Service. combination loan-grants and 7 CFR part 2. After receiving the applicant’s [FR Doc. 05–934 Filed 1–14–05; 8:45 am] agreement on the loan characteristics, 1703 subpart G for loans: BILLING CODE 3410–15–P a. Applicant’s financial ability to RUS supplies an approval letter to the compete the project; applicant. Loan documents (and a grant b. Project feasibility; agreement, if applicable) are then sent c. Applicant’s financial information; by RUS. The applicant has 120 days to DEPARTMENT OF COMMERCE d. Project sustainability; sign and return the documents, along e. Ability to repay the loan portion of with any additional material required by Office of the Secretary a combination loan-grant, including the loan or grant documents. [Docket Number 050105003–5003–01] revenue sources; B. Administrative and national policy f. Collateral for which the applicant requirements. The items listed in Estimates of the Voting Age has perfected a security interest; and paragraph IV.B.6 of this Notice, and the Population for 2004 g. Adequate security for a loan or the DLT Program regulation, application loan portion of a combination loan- guides and accompanying materials AGENCY: Office of the Secretary, grant. implement the appropriate Commerce.

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ACTION: General notice announcing ESTIMATES OF THE POPULATION OF total materials used in production, and population estimates. VOTING AGE FOR EACH STATE AND may include items from the following general categories: ink (HTSUS 3215.11 SUMMARY: This notice announces the THE DISTRICT OF COLUMBIA: JULY 1, 2004—Continued and 3215.19), cleaning liquid for voting age population estimates, as of printers (3402.19), polypropylene July 1, 2004, for each state and the [In thousands] colorant (3901.20), polypropylene resins District of Columbia. We are giving this (3902.30), labels and label tape notice in accordance with the 1976 Population Area 18 and over (3919.90), sealing film (3920.10), tape amendment to the Federal Election (3920.62), silicone sheet (3920.99), Campaign Act, Title 2, United States Ohio ...... 8,679,799 urethane foam (3921.13), poly bags Code, Section 441a(e). Oklahoma ...... 2,663,683 (3923.21), seals (4016.93), vent film FOR FURTHER INFORMATION CONTACT: John Oregon ...... 2,742,229 (5911.10), seals/valves/springs F. Long, Chief, Population Division, Pennsylvania ...... 9,569,283 (7320.10), nylon filters (8421.19), and Bureau of the Census, Department of Rhode Island ...... 836,819 South Carolina ...... 3,173,368 ink degassing modules (8421.21). Commerce, Room 2011, Federal Zone procedures would exempt EPI Building 3, Washington, DC 20233, South Dakota ...... 580,009 Tennessee ...... 4,509,673 from Customs duty payments on foreign telephone (301) 763–2071. Texas ...... 16,223,243 materials used in production for export. SUPPLEMENTARY INFORMATION: Under the Utah ...... 1,648,925 Some 60 percent of the plant’s requirements of the 1976 amendment to Vermont ...... 486,500 shipments are currently exported. On the Federal Election Campaign Act, Virginia ...... 5,654,927 domestic sales, the company would be Title 2, United States Code, Section Washington ...... 4,717,768 West Virginia ...... 1,430,713 able to choose the duty rates that apply 441a(e), I hereby give notice that the to the finished products (HTSUS estimates of the voting age population Wisconsin ...... 4,201,040 Wyoming ...... 389,597 8473.30, duty-free), rather than the duty for July 1, 2004, for each state and the rates that would otherwise apply to the District of Columbia are as shown in the I have certified these counts to the foreign-sourced materials noted above following table. Federal Election Commission. (duty-free to 6.5%, weighted average— Dated: January 7, 2005. 3.4%). The application indicates that ESTIMATES OF THE POPULATION OF the savings from zone procedures will Donald L. Evans, VOTING AGE FOR EACH STATE AND help improve the plant’s international THE DISTRICT OF COLUMBIA: JULY 1, Secretary, Department of Commerce. competitiveness. [FR Doc. 05–898 Filed 1–14–05; 8:45 am] 2004 In accordance with the Board’s [In thousands] BILLING CODE 3510–07–P regulations, a member of the FTZ Staff has been designated examiner to Population Area DEPARTMENT OF COMMERCE investigate the application and report to 18 and over the Board. United States ...... 220,377,406 Foreign-Trade Zones Board Public comment is invited from interested parties. Submissions (original Alabama ...... 3,435,649 [Docket 1–2005] Alaska ...... 467,206 and 3 copies) shall be addressed to the Arizona ...... 4,196,574 Foreign-Trade Zone 45—Portland, OR, Board’s Executive Secretary at one of Arkansas ...... 2,076,079 the following addresses: California ...... 26,297,336 Application for Subzone, Epson Colorado ...... 3,422,514 Portland Inc. (Inkjet Cartridges), 1. Submissions via Express/Package Connecticut ...... 2,664,816 Hillsboro, OR Delivery Services: Foreign-Trade-Zones Delaware ...... 636,858 Board, U.S. Department of Commerce, District of Columbia ...... 443,976 An application has been submitted to Franklin Court Building—Suite 4100W, Florida ...... 13,393,871 the Foreign-Trade Zones Board (the 1099 14th Street, NW., Washington, DC Georgia ...... 6,496,816 Board) by the Port of Portland, grantee 20005; or of FTZ 45, requesting special-purpose Hawaii ...... 964,147 2. Submissions via the U.S. Postal Idaho ...... 1,020,851 subzone status for the inkjet cartridge Service: Foreign-Trade-Zones Board, Illinois ...... 9,475,484 manufacturing facility of Epson U.S. Department of Commerce, FCB— Indiana ...... 4,637,274 Portland Inc. (EPI), in Hillsboro, Oregon. Suite 4100W, 1401 Constitution Iowa ...... 2,274,014 The application was submitted pursuant Avenue, NW., Washington, DC 20230. Kansas ...... 2,052,011 to the provisions of the Foreign-Trade Kentucky ...... 3,165,735 The closing period for their receipt is Louisiana ...... 3,350,809 Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board March 21, 2005. Rebuttal comments in Maine ...... 1,035,124 response to material submitted during Maryland ...... 4,163,250 (15 CFR part 400). It was formally filed Massachusetts ...... 4,952,316 on January 4, 2005. the foregoing period may be submitted Michigan ...... 7,579,181 The EPI facility (1 building, 184,492 during the subsequent 15-day period (to Minnesota ...... 3,860,678 sq. ft. on 16.61 acres) is located at 3950 April 4, 2005). Mississippi ...... 2,153,397 Aloclek Place, Hillsboro, Oregon. The A copy of the application and Missouri ...... 4,370,076 EPI plant (455 employees) is used for accompanying exhibits will be available Montana ...... 718,772 warehousing and manufacturing of for public inspection at the Office of the Nebraska ...... 1,312,648 inkjet cartridges (which includes the Foreign-Trade Zones Board’s Executive Nevada ...... 1,731,175 New Hampshire ...... 994,506 production of plastic injection molded Secretary at address Number 1 listed New Jersey ...... 6,542,820 cartridge parts); activities which EPI is above, and at the U.S. Department of New Mexico ...... 1,411,002 proposing to perform under FTZ Commerce Export Assistance Center, New York ...... 14,654,725 procedures. One World Trade Center, 121 S.W. North Carolina ...... 6,422,729 Foreign-sourced materials will Salmon Street, Suite 242, Portland, North Dakota ...... 495,411 account for some 50 to 55 percent of Oregon 97204.

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Dated: January 6, 2005. Signed in Washington, DC, this 22nd day Industries Ltd., Flex Industries Ltd., Dennis Puccinelli, of December, 2004. Garware, SRF Ltd., and MTZ Polyesters Executive Secretary. Joseph A. Spetrini, Ltd. On November 9, 2004, Garware [FR Doc. 05–937 Filed 1–14–05; 8:45 am] Acting Assistant Secretary of Commerce for withdrew its request for an Import Administration, Alternate Chairman, BILLING CODE 3510–DS–P administrative review. On November 23, Foreign-Trade Zones Board. 2004, Jindal withdrew its request for an Attest: Pierre V. Duy, Acting Executive administrative review. DEPARTMENT OF COMMERCE Secretary. [FR Doc. 05–936 Filed 1–14–05; 8:45 am] Rescission of Review Foreign-Trade Zones Board BILLING CODE 3510–DS–P Section 351.213(d)(1) of the [Order No. 1363] Department’s regulations provides that DEPARTMENT OF COMMERCE the Department will rescind an Grant of Authority for Subzone Status, administrative review if the party that Turbomeca U.S.A. (Helicopter International Trade Administration requested the review withdraws its Engines), Grand Prairie, TX (A–533–824) request for review within 90 days of the date of publication of the notice of Pursuant to its authority under the Certain Polyethylene Terephthalate initiation of the requested review, or Foreign-Trade Zones Act, of June 18, Film, Sheet and Strip from India: withdraws its request at a later date if 1934, as amended (19 U.S.C. 81a–81u), Rescission of Antidumping Duty the Department determines that it is the Foreign-Trade Zones Board (the Administrative Review Board) adopts the following Order: reasonable to extend the time limit for Whereas, the Foreign-Trade Zones Act AGENCY: Import Administration, withdrawing the request. On September provides for ‘‘* * * the establishment International Trade Administration, 24, 2004, November 9, 2004, and * * * of foreign-trade zones in ports of Department of Commerce. November 23, 2004, the petitioners, entry of the United States, to expedite EFFECTIVE DATE: January 18, 2005. Garware, and Jindal, respectively, submitted letters withdrawing their and encourage foreign commerce, and FOR FURTHER INFORMATION CONTACT: Jeff for other purposes,’’ and authorizes the Pedersen or Drew Jackson, AD/CVD requests that the Department conduct an Foreign-Trade Zones Board to grant to Operations, Office 4, Import administrative review covering the qualified corporations the privilege of Administration, International Trade period July 1, 2003, through June 30, establishing foreign-trade zones in or Administration, U.S. Department of 2004. Accordingly, the Department is adjacent to U.S. Customs ports of entry; Commerce, 14th Street and Constitution rescinding the administrative review of Whereas, the Board’s regulations (15 Avenue, NW, Washington, DC 20230; the antidumping duty order on PET CFR Part 400) provide for the telephone (202) 482–2769 or (202) 482– Film from India covering the period July establishment of special-purpose 4406, respectively. 1, 2003, through June 30, 2004, because subzones when existing zone facilities SUPPLEMENTARY INFORMATION: all the parties that requested cannot serve the specific use involved, administrative reviews have withdrawn and when the activity results in a Background their requests within the 90-day period. significant public benefit and is in the On August 30, 2004, the Department The Department will issue appropriate public interest; of Commerce (the Department) assessment instructions to U.S. Customs Whereas, the Dallas/Fort Worth published in the Federal Register, a and Border Protection within 15 days of International Airport Board, grantee of notice announcing the initiation of an publication of this notice. Foreign-Trade Zone 39, has made administrative review of the This notice serves as a reminder to application to the Board for authority to antidumping duty order on parties subject to the administrative establish a special-purpose subzone at Polyethylene Terephthalate Film, Sheet protective order (APO) of their the helicopter engine repair and and Strip (PET Film) from India responsibility concerning the manufacturing facility of Turbomeca covering the period July 1, 2003, disposition of proprietary information U.S.A., located in Grand Prairie, Texas through June 30, 2004. See Initiation of disclosed under the APO in accordance (FTZ Docket 4–2004, filed 2/20/04); Antidumping and Countervailing Duty with section 351.305(a)(3) of the Whereas, notice inviting public Administrative Reviews and Requests Department’s regulations. Timely comment was given in the Federal for Revocation in Part, 69 FR 52857 Register (69 FR 9583–9584, 3/1/04); (August 30, 2004) (Initiation Notice). written notification of the return or and, The review was requested by Dupont destruction of APO materials or Whereas, the Board adopts the Teijin Films, Mitsubishi Polyester Film conversion to judicial protective order is findings and recommendations of the of America, and Toray Plastics hereby requested. Failure to comply examiner’s report, and finds that the (America), Inc., (collectively, the with the regulations and terms of an requirements of the FTZ Act and the petitioners), and respondents, Garware APO is a sanctionable violation. Board’s regulations are satisfied, and Polyester Limited (Garware) and Jindal This notice is in accordance with that approval of the application is in the Polyester Limited (which is currently section 777(i)(1) of the Tariff Act of public interest; doing business as Jindal Poly Films 1930, as amended, and section Now, therefore, the Board hereby Limited of India (Jindal)). The review 351.213(d)(4) of the Department’s grants authority for subzone status at the covers the following companies: regulations. helicopter engine repair and Polyplex Corporation Ltd., Jindal, Ester Dated: January 10, 2005. manufacturing facility of Turbomeca Industries Ltd., Flex Industries Ltd., U.S.A., located in Grand Prairie, Texas Garware, SRF Ltd., and MTZ Polyesters Barbara E. Tillman, (Subzone 39I), at the location described Ltd. See Initiation Notice. On September Acting Deputy Assistant Secretary for Import in the application, and subject to the 24, 2004, the petitioners withdrew their Administration. FTZ Act and the Board’s regulations, request for an administrative review of [FR Doc. E5–164 Filed 1–14–05; 8:45 am] including § 400.28. Polyplex Corporation Ltd., Jindal, Ester BILLING CODE 3510–DS–S

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DEPARTMENT OF COMMERCE consultation with the Secretary of information is currently available. The Agriculture, whether any foreign Department will incorporate additional International Trade Administration government is providing a subsidy with programs which are found to constitute respect to any article of cheese subject subsidies, and additional information Annual Listing of Foreign Government to an in–quota rate of duty, as defined on the subsidy programs listed, as the Subsidies on Articles of Cheese in section 702(h) of the Act, and to information is developed. Subject to an In–Quota Rate of Duty publish an annual list and quarterly The Department encourages any AGENCY: Import Administration, updates of the type and amount of those person having information on foreign International Trade Administration, subsidies. We hereby provide the government subsidy programs which Department of Commerce. Department’s annual list of subsidies on benefit articles of cheese subject to an articles of cheese that were imported EFFECTIVE DATE: January 18, 2005. in–quota rate of duty to submit such during the period October 1, 2003, information in writing to the Assistant FOR FURTHER INFORMATION CONTACT: through September 30, 2004. Tipten Troidl or Eric Greynolds, AD/ Secretary for Import Administration, The Department has developed, in U.S. Department of Commerce, 14th CVD Operations, Office 3, Import consultation with the Secretary of Administration, International Trade Street and Constitution Avenue, N.W., Agriculture, information on subsidies Washington, D.C. 20230. Administration, U.S. Department of (as defined in section 702(h) of the Act) Commerce, 14th Street and Constitution being provided either directly or This determination and notice are in Ave., N.W., Washington, D.C. 20230, indirectly by foreign governments on accordance with section 702(a) of the telephone: (202) 482–2786. articles of cheese subject to an in–quota Act. SUPPLEMENTARY INFORMATION: Section rate of duty. The appendix to this notice Dated: January 11, 2005. 702 of the Trade Agreements Act of lists the country, the subsidy program or Joseph A. Spetrini, 1979 (as amended) (‘‘the Act’’) requires programs, and the gross and net Acting Assistant Secretary for Import the Department to determine, in amounts of each subsidy for which Administration. APPENDIX SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY

Country Program(s) Gross1 Subsidy ($/lb) Net2 Subsidy ($/lb)

Austria ...... European Union Restitution Payments $ 0.00 $ 0.00 Belgium ...... EU Restitution Payments $ 0.00 $ 0.00 Canada ...... Export Assistance on Certain Types of $ 0.46 $ 0.46 Cheese Denmark ...... EU Restitution Payments $ 0.00 $ 0.00 Finland ...... EU Restitution Payments $ 0.00 $ 0.00 France ...... EU Restitution Payments $ 0.00 $ 0.00 Germany ...... EU Restitution Payments $ 0.00 $ 0.00 Greece ...... EU Restitution Payments $ 0.00 $ 0.00 Ireland ...... EU Restitution Payments $ 0.00 $ 0.00 Italy ...... EU Restitution Payments $ 0.00 $ 0.00 Luxembourg ...... EU Restitution Payments $ 0.00 $ 0.00 Netherlands ...... EU Restitution Payments $ 0.00 $ 0.00 Norway ...... Indirect (Milk) Subsidy $ 0.00 $ 0.00 ...... Consumer Subsidy $ 0.00 $ 0.00 ...... Total $ 0.00 $ 0.00 Portugal ...... EU Restitution Payments $ 0.00 $ 0.00 Spain ...... EU Restitution Payments $ 0.00 $ 0.00 Switzerland ...... Deficiency Payments $ 0.00 $ 0.00 U.K...... EU Restitution Payments $ 0.00 $ 0.00 1Defined in 19 U.S.C. 1677(5). 2Defined in 19 U.S.C. 1677(6).

[FR Doc. E5–165 Filed 1–14–05; 8:45 am] TIME: 9 a.m. to 3 p.m. discussions on trade liberalization in BILLING CODE 3510–DS–S environmental goods and services. The PLACE: U.S. Department of Commerce, 14th Street and Constitution Avenue, meeting is open to the public and time NW., Washington, DC 20230, Room will be permitted for public comment. DEPARTMENT OF COMMERCE 3407. Written comments concerning ETTAC International Trade Administration SUMMARY: The Environmental affairs are welcome anytime before or Technologies Trade Advisory after the meeting. Minutes will be Environmental Technologies Trade Committee (ETTAC) will hold a plenary available within 30 days of this meeting. Advisory Committee (ETTAC) meeting on February 11, 2005, at the The ETTAC is mandated by Public U.S. Department of Commerce, 14th Law 103–392. It was created to advise AGENCY: International Trade Street and Constitution Avenue, NW., the U.S. government on environmental Administration, U.S. Department of Washington, DC 20230, in Room 3407. trade policies and programs, and to help Commerce. The ETTAC will discuss Tsunami Relief it to focus its resources on increasing ACTION: Notice of open meeting. efforts and how environmental the exports of the U.S. environmental technologies companies can assist with industry. ETTAC operates as an DATES: February 11, 2005. the efforts, as well as continuing advisory committee to the Secretary of

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Commerce and the Trade Promotion DEPARTMENT OF COMMERCE (Federal Domestic Assistance Catalog 11.419 Coordinating Committee (TPCC). Coastal Zone Management Program ETTAC was originally chartered in May National Oceanic and Atmospheric Administration.) Dated: January 12, 2005. of 1994. It was most recently rechartered Administration until May 30, 2006. Eldon Hout, Environmental Statements; Notice of Director, Office of Ocean and Coastal For further information phone Joseph Intent: Washington Coastal Zone Resource Management, National Ocean Ayoub, Office of Environmental Management Program; Meetings; Service, National Ocean and Atmospheric Technologies Industries (ETI), Correction Administration. International Trade Administration, [FR Doc. 05–939 Filed 1–14–05; 8:45 am] AGENCY: Office of Ocean and Coastal U.S. Department of Commerce at (202) BILLING CODE 3510–08–P 482–0313 or 5225. This meeting is Resource Management (OCRM), National Oceanic and Atmospheric physically accessible to people with Administration (NOAA), Department of disabilities. Requests for sign language DEPARTMENT OF COMMERCE Commerce (DOC). interpretation or other auxiliary aids ACTION: Notice; correction. National Oceanic and Atmospheric should be directed to OEEI at (202) 482– Administration 5225. SUMMARY: OCRM published a document [I.D. 011105A] Dated: January 12, 2005. in the Federal Register of January 5, Carlos F. Montoulieu, 2005, announcing dates of the public Endangered and Threatened Species; scoping meetings pursuant to the Director, Office of Energy and Environmental Take of Anadromous Fish National Environmental Policy Act Industries. (NEPA). The document contained an AGENCY: National Marine Fisheries [FR Doc. 05–921 Filed 1–14–05; 8:45 am] incorrect action, summary, and dates. Service (NMFS), National Oceanic and BILLING CODE 3510–DR–P FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), Masi Okasaki, (301) 713–3155, Commerce. ACTION: Notice of availability ; request DEPARTMENT OF COMMERCE extension 185. for comment. Correction International Trade Administration In the Federal Register of January 5, SUMMARY: Notice is hereby given that NMFS has received applications for Exporters’ Textile Advisory 2005, in FR Doc. Volume 70, Number 3, direct take of listed species from the Committee; Notice of Open Meeting on page 790–791, correct the ACTION, SUMMARY, and DATES captions to read: Idaho Department of Fish and Game and the Northwest Fisheries Science Center ACTION: Notice to conduct public scoping A meeting of the Exporters’ Textile pursuant to the Endangered Species Act Advisory Committee will be held in Los meetings pursuant to NEPA in Lacey, Seattle and Mount Vernon, WA on the proposed of 1973, as amended (ESA). The Permit Angeles, CA at 1:00 pm on Wednesday, applications are for the direct take of March 16, 2005 at the California incorporation of the revised Shoreline Master Program (SMP) Guidelines Rule (Chapter listed Snake River sockeye salmon, Fashion Association, 444 South Flower 173–26) as an amendment to the Federally associated with the operation of a Street, 34th Floor, Los Angeles, CA approved Washington Coastal Zone captive propagation program. The 90071, phone: (213) 688-6288. Management Program (WCZMP). proposed permits will renew and The Committee provides advice and SUMMARY: In accordance with the NEPA, replace permits 1120 and 1148. The OCRM will conduct public scoping meetings duration of the new permits is guidance to Department officials on the as an opportunity for interested persons to identification and surmounting of identify to OCRM what impacts or issues approximately 5 years, expiring on barriers to the expansion of textile should be addressed in the NEPA document December 31, 2009. This document exports, and on methods of encouraging and if an Environmental Impact Statement serves to notify the public of the textile firms to participate in export (EIS) should be prepared. availability for comment of the permit expansion. DATES: applications and of the associated draft Tuesday, February 22, 2005 at 7 p.m. EA before a final decision on whether to The Committee functions solely as an Pinnacle Room—3rd Floor in The issue a Finding of No Significant Impact advisory body in accordance with the Mountaineers Building is made by NMFS. All comments provisions of the Federal Advisory 300 Third Avenue West, Seattle, WA 98119 received will become part of the public Committee Act. (Parking lots and some street parking available with time constraints) record and will be available for review pursuant to section 10(c) of the ESA. The meeting will be open to the Wednesday, February 23, 2005 at 7 p.m. public with a limited number of seats Aqua Room in Skagit County PUD DATES: Written comments on the draft available. For further information or 1415 Freeway Drive, Mount Vernon, WA EA must be received at the appropriate copies of the minutes, contact Rachel 98273 (Visitor parking available) address or fax number (see ADDRESSES) Alarid, telephone: (202) 482–5154. Thursday, February 24, 2005 at 7 p.m. no later than 5 p.m. Pacific standard time on February 17, 2005. January 11, 2005. Washington Department of Ecology in the Auditorium ADDRESSES: Written comments and Philip J. Martello, 300 Desmond Drive, Lacey, WA 98503. requests for copies of the applications (Visitor parking available.) Acting Chairman, Committee for and draft EA should be addressed to Implementation of Textile Agreements. Submit suggestions or comments on Herb Pollard, Salmon Recovery [FR Doc. E5–163 Filed 1–14–05; 8:45 am] the impacts or issues that should be Division, 10095 W. Emerald, Boise, ID BILLING CODE 3510–DS–S addressed in the NEPA document and if 83704, or faxed to (208) 378–5699. an EIS should be prepared by attending Comments on this draft EA may be any of the above meetings or provide submitted by e-mail. The mailbox written comments on or before April 1, address for providing e-mail comments 2005. is [email protected]. Include in

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the subject line the following document juveniles in a manner designed to Dated: January 11, 2005. identifier: ‘‘Sockeye captive propagation represent to the greatest extent possible Phil Williams, permits assessment’’. The documents the entire genetic spectrum of the Chief, Endangered Species Division, Office are also available on the Internet at founding population, and the conduct of of Protected Resources, National Marine www.nwr.noaa.gov/1sustfsh/10permits/. spawning ground surveys to estimate Fisheries Service. Comments received will be available for natural spawning escapement and to [FR Doc. 05–928 Filed 1–14–05; 8:45 am] public inspection, by appointment, determine the affects of captive-reared BILLING CODE 3510–22–S during normal business hours by calling fish on spawner distribution and (208) 378–5614. behavior. FOR FURTHER INFORMATION CONTACT: COMMODITY FUTURES TRADING Herb Pollard, Boise, Idaho, at phone Environmental Assessment (EA) COMMISSION number (208) 378–5614 or e-mail: The EA package includes a draft EA [email protected]. Agency Information Collection evaluating whether the potential effects Activities Under OMB Review SUPPLEMENTARY INFORMATION: This of issuing the new take permits is a notice is relevant to the following major Federal action significantly AGENCY: Commodity Futures Trading species and evolutionarily significant affecting the quality of the human Commission. unit (ESU): environment, with the meaning of ACTION: Notice. Sockeye salmon (Oncorhynchus section 102(2)(C) of the National nerka): endangered Snake River. Environmental Policy Act (NEPA) of SUMMARY: In compliance with the Background 1969, as amended. Three Federal action Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that NEPA requires Federal agencies to alternatives have been analyzed in the draft EA: (1) The no action alternative; the Information Collection Request (ICR) conduct an environmental analysis of abstracted below has been forwarded to (2) issue a permit with conditions; and their proposed actions to determine if the Office of Management and Budget (3) issue a permit without conditions. the actions may affect the human (OMB) for review and comment. The NEPA requires Federal agencies to environment. NMFS expects to take ICR describes the nature of the action on two ESA section 10(a)(1)(A) conduct an environmental analysis of information collection and its expected submittals received from the applicants. their proposed action to determine if the costs and burden; it includes the actual Therefore, the Service is seeking public action may affect the human data collection instruments (if any). input on the scope of the required NEPA environment. NMFS expects to take DATES: Comments must be submitted on analysis, including the range of action on the ESA section 10(a)(1)(A) or before February 17, 2005. reasonable alternatives and associated submittals received from the applicants. FOR FURTHER INFORMATION CONTACT: impacts of any alternatives. Therefore, NMFS is seeking public Lawrence B. Patent, Division of Clearing The Idaho Department of Fish and input on the scope of the required NEPA and Intermediary Oversight, Commodity Game and the Northwest Fisheries analysis, including the range of Futures Trading Commission, 1155 21st Science Center have each submitted an reasonable alternatives and associated Street, NW., Washington, DC 20581, application for a section 10(a)(1)(A) impacts of any alternatives. The general research/enhancement permit for (202) 418–5439; FAX: (202) 418–5536; effects on the environment considered e-mail: [email protected] and refer to continued operation of the Redfish Lake include the impacts on the physical, Sockeye Salmon Captive Propagation OMB Control No. 3038–0026; biological, and socioeconomic program. The two permits would SUPPLEMENTARY INFORMATION: environments of the Snake River Basin, authorize activities that are part of the Title: Gross Collection of Exchange- particularly in the Stanley Basin lakes same project. Set Margins for Omnibus Accounts The objectives of the proposal are to in which the program is located. (OMB Control No. 3038–0026). This is increase the abundance of the listed This notice is provided pursuant to a request for extension of a currently population through artificial section 10(c) of the ESA and the NEPA approved information collection. propagation and to serve as a safety net regulations (40 CFR 1506.6). NMFS will Abstract: Commission Regulation 1.58 to prevent extinction of the Snake River evaluate the applications, associated requires futures commission merchants Sockeye Salmon Evolutionarily documents, and comments submitted to carry omnibus accounts on a gross, Significant Unit (ESU), which is listed thereon to determine whether the rather than a net, basis. This rule is as endangered under the ESA. The application meets the requirements of promulgated pursuant to the artificial propagation action would the NEPA regulations and section 10(a) Commission’s rulemaking authority include maintenance of the Snake River of the ESA. If it is determined that the contained in sections 5 and 5a of the sockeye salmon broodstock in captivity requirements are met, the permits will Commodity Exchange Act, 7 U.S.C. 7 in several locations, collection and be issued for take of ESA-listed and 7a (2000). spawning of adult sockeye salmon anadromous salmonids under the An agency may not conduct or returning to the Snake River basin, jurisdiction of NMFS. The final NEPA sponsor, and a person is not required to rearing of the juveniles, and use of the respond to, a collection of information and permit determinations will not be juvenile and adult fish in carefully unless it displays a currently valid OMB completed until after the end of the 30– designed release strategies that include control number. The OMB control day comment period, and will fully captive propagation, smolt releases, and numbers for the CFTC’s regulations natural spawning releases. The action consider all public comments received were published on December 30, 1981. would include conditions to minimize during the comment period. NMFS will See 46 FR 63035 (Dec. 30, 1981). The adverse effects on the ESU, including publish a record of its final action in the Federal Register notice with a 60-day use of prudent fish husbandry practices Federal Register. comment period soliciting comments on and standard hatchery protocols to this collection of information was ensure health and survival of the published on November 9, 2004 (69 FR program fish, selection of eggs and 64917).

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Burden statement: The respondent the failure rates of U.S. munitions in regulations (40 CFR parts 1500–1508), burden for this collection is estimated to actual combat use; review ongoing the California Environmental Quality average .08 hours per response. These efforts to reduce the amount of Act (CEQA), and Public Law 102–484 estimates include the time needed to unexploded ordnance resulting from section 2834, as amended by Public Law review instructions; develop, acquire, munitions systems failures, and 104–106 section 2867, the Department install, and utilize technology and evaluate whether there are ways to of the Army and the California State systems for the purposes of collecting, improve or accelerate these efforts; and Coastal Conservancy (SCC) hereby give validating, and verifying information, identify other feasible measures the U.S. notice of intent to prepare a joint processing and maintaining information can take to reduce the threat that failed Supplemental Environmental Impact and disclosing and providing munitions pose to friendly forces and Statement/Environmental Impact Report information; adjust the existing ways to noncombatants. (SEIS/EIR) for the Hamilton Wetland comply with any previously applicable The mission of the Defense Science Restoration Project (HWRP), Marin instructions and requirements; train Board is to advise the Secretary of County, California to consider personnel to be able to respond to a Defense and the Under Secretary of alternative methods to transfer dredged collection of information; and transmit Defense for Acquisition, Technology & material collected from various or otherwise disclose the information. Logistics on scientific and technical navigational dredging projects within Respondents/Affected Entities: 150. matters as they affect the perceived San Francisco Bay to the HWRP site for Estimated number of responses: 48 needs of the Department of Defense. At beneficial re-use in the construction of Estimated total annual burden on these meetings, the Defense Science tidal and seasonal wetlands. The U.S. respondents: 600 hours. Board Task Force will: conduct a Army Corps of Engineers (Corps) is the Frequency of collection: On occasion. methodologically sound assessment of lead agency for this project under Send comments regarding the burden the failure rates of U.S. munitions in NEPA. The SCC is the lead agency for estimated or any other aspect of the actual combat use; review ongoing this project under CEQA. information collection, including efforts to reduce the amount of A pubic scoping meeting will be held suggestions for reducing the burden, to unexploded ordnance resulting from to solicit comments on the the addresses listed below. Please refer munitions systems failures, and environmental scope of the project and to OMB Control No. 3038–0026 in any evaluate whether there are ways to the appropriate scope of the SEIS/EIR. correspondence. improve or accelerate these efforts; and DATES: The public scoping meeting will Lawrence B. Patent, Division of identify other feasible measures the U.S. be held on the 26th of January 2005 Clearing and Intermediary Oversight, can take to reduce the threat that failed from 7 to 9 p.m. at the Bay Model, 2100 Commodity Futures Trading munitions pose to friendly forces and Bridgeway, Sausalito, Marin County, Commission, 1155 21st Street, NW., noncombatants. CA. Washington, DC 20581 and Office of In accordance with section 10(d) of FOR FURTHER INFORMATION CONTACT: Information and Regulatory Affairs, the Federal Advisory Committee Act, Office of Management and Budget, Questions about the proposed action Public Law 92–463, as amended (5 and SEIS/EIR can be answered by: Eric Attention: Desk Officer for CFTC, 725 U.S.C. App. 2), it has been determined 17th Street, Washington, DC 20503. Jolliffe, U.S. Army Corps of Engineers, that these Defense Science Board Task San Francisco District, 333 Market St., Dated: January 11, 2005 Force meetings concern matters listed in 7th floor, San Francisco, CA 94105, Jean A. Webb, 5 U.S.C. 552b(c)(1) and that, [email protected], (415) Secretary of the Commission. accordingly, these meetings will be 977–8543. [FR Doc. 05–910 Filed 1–14–05; 8:45 am] closed to the public. SUPPLEMENTARY INFORMATION: The BILLING CODE 6351–01–M Dated: January 6, 2005. HWRP is located on the former L.M. Bynum, Hamilton Army Airfield approximately Alternate OSD Federal Register Liaison 25 miles north of San Francisco in DEPARTMENT OF DEFENSE Officer, Department of Defense. Marin County, CA. The original EIS/EIR [FR Doc. 05–867 Filed 1–14–05; 8:45 am] was prepared for the HWRP in 1998. Office of the Secretary BILLING CODE 5001–06–M This project would involve the beneficial re-use of an estimated 10.6 Defense Science Board million cubic yards (MCY) of dredged AGENCY: Department of Defense. DEPARTMENT OF DEFENSE material to restore the 988-acre site to ACTION: Notice of Advisory Committee tidal and seasonal wetland, which is Department of the Army; Corps of Meeting. critical habitat for several local Engineers endangered species. Site preparation SUMMARY: The Defense Science Board construction required prior to dredged Task Force on Munitions System Intent To Prepare a Joint Supplemental material placement has begun. The first Reliability will meet in closed session Environmental Impact Statement/ SEIS/EIR, which described expanding on January 14, 2005, at SAIC, 4001 N. Environmental Impact Report for the the project to include the Bel Marin Fairfax Drive, Arlington, VA, and Hamilton Wetland Restoration Project Keys V (BMK–V) property, was February 2–4, 2005, at Naval Air Dredged Material Transfer Facility, completed in 2003. Pending Warfare Center, China Lake, CA. This Marin County, CA congressional authorization, the Task Force will review the efforts thus AGENCY: Department of the Army, U.S. adjacent BMK–V site of approximately far to improve the reliability of Army Corps of Engineers, DoD. 1610 acres will be restored as a part of munitions systems and identify ACTION: Notice of intent. the HWRP using approximately 14 MCY additional steps to be taken to reduce of additional dredged material. The the amount of unexploded ordnance SUMMARY: Pursuant to section 102(2)(c) present notice announces the intent to resulting from munitions failures. The of the National Environmental Policy prepare a second SEIS/EIR on the Task Force will: Conduct a Act (NEPA) of 1969 as implemented by HWRP, which evaluates alternative methodologically sound assessment of the Council on Environmental Quality methods for delivering dredged material

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to the HWRP site. The goal of the HWRP operational footprint of between 12 and comment on the proposed alternatives as a whole is to create a diverse array 16 acres within San Pablo Bay. after the draft SEIS/EIR is released to the of wetland and wildlife habitats at the b. Confined in-bay aquatic transfer public in 2005. combined Hamilton sites (HWRP & facility. An enclosed temporary dredged Philip T. Feir, BMK–V) that benefit endangered species material storage basin near or coincident while facilitating the beneficial re-use of with the authorized disposal area SF– Lieutenant Colonel, Corps of Engineers, District Engineer. dredged material. 10, approximately 5 miles offshore of 1. Background. The HWRP is one of the Hamilton site in San Pablo Bay, [FR Doc. 05–903 Filed 1–14–05; 8:45 am] several significantly sized projects to would allow a greater number of BILLING CODE 3710–19–M restore lost wetlands around San dredging projects to contribute to Francisco Bay. The ground elevation of wetland restoration efforts. An aquatic DEPARTMENT OF DEFENSE the HWRP site has subsided since the transfer facility would likely be used in lieu of open water sites SF–10 and SF– site was diked off from the Bay, and fill Department of the Army; Corps of 9 and other in-bay disposal areas during material will be sued as part of the Engineers restoration process to construct project the 13–19 year construction of the features and to speed formation of tidal HWRP. A confined transfer facility Chief of Engineers Environmental marsh. The Long Term Management would require between 30 to 40 acres in Advisory Board; Meeting Strategy (LTMS) for the placement of San Pablo Bay, as opposed to the 149 dredged material in the San Francisco acres that SF–9 and SF–10 now occupy. AGENCY: Department of the Army, U.S. Bay and Estuary was established c. Semi-confined in-bay aquatic Army Corps of Engineers, DoD. cooperatively by federal, state and local transfer facility. A semi-confined ACTION: Notice of open meeting. agencies starting in 1990 to maintain temporary in-bay aquatic transfer facility would function similarly to the navigation channels in an economic and SUMMARY: In accordance with 10(a)(2) of environmentally sound manner, to confined basin, but would not be entirely enclosed within a structural the Federal Advisory Committee Act maximize the use of dredged materials (Pub. L. 92–463), announcement is as a beneficial resource, and to establish confinement. The general size of the facility is anticipated to be the same as made of the forthcoming meeting. The a cooperative regulatory permitting meeting is open to the public. framework. The HWRP implements the the completely confined alternative. d. Unconfined in-bay aquatic transfer LTMS through beneficial re-use and a Name of Committee: Chief of facility. An unconfined temporary reduction of in-Bay disposal. The Engineers Environmental Advisory dredged material storage basin would alternative transfer facilities proposed Board (EAB). function as the confined basin but are an attempt to more efficiently meet Date: February 2, 2005. would have no containment structure. the goals of the LTMS. An unconfined basin would likely Location: Embassy Suites Hotel 2. Proposed Action. The original plan require a footprint of 40 to 50 acres. Alexandria-Old Town, 1900 Diagonal for transfer of dredged material to the e. Combination of off-loader and Road, Alexandria, Virginia 22314, (703) project, as described in the original EIS/ aquatic transfer basin methods. 684–5900. EIR, uses an in-bay hydraulic off-loader. 4. Environmental Considerations. In Time: 9 a.m. to 12 p.m. Based on independent review, all cases, environmental considerations workshops with national experts, and a FOR FURTHER INFORMATION CONTACT: Mr. will include patterns of currents; Norman Edwards, Headquarters, U.S. value engineering study that considered suspended sediment transport; Army Corps of Engineers, Washington, environmental, economic and turbidity; impacts to bathymetry and the DC 20314–1000; phone: 202–761–1934. operational impacts, it is determined benthos; fish entrainment; water quality; that a more efficient and flexible air, noise and aesthetic impacts; SUPPLEMENTARY INFORMATION: The Board method to transfer dredged material potential benefits and impacts on either advises the Chief of Engineers on should be evaluated. commercial or recreational fishing; and environmental policy, identification and 3. Project Alternatives. The SEIS/EIR the temporary suspension or ongoing resolution of environmental issues and will include at a minimum the use of in-bay dredged material disposal missions, and addressing challenges, following alternatives: sites SF–10 and possibly SF–9 as well problems and opportunities in an a. No Action: The original hydraulic as other potential environmental issues environmentally sustainable manner. off-loader. A hydraulic off-loader of concern. The EAB will be meeting with the facility moored approximately 5 miles 5. Scoping Process. The Corps and current Chief of Engineers for the first from HWRP in San Pablo Bay would SCC are seeking input from interested time. The public meeting will focus on pump dredged material as slurry federal, state, and local agencies, Native general issues of national significance through a submerged pipeline to the American representatives, and other rather than on individual project or HWRP site. The facility would operate interested private organizations and region related topics. Time will be for 6 to 9 months of the year. Traditional parties through provision of this notice provided for public comment. Each aquatic disposal of dredged material at and holding of a scoping meeting (see speaker will be limited to no more than in-bay or offshore disposal sites would DATES). The purpose of this meeting is three minutes in order to accommodate be performed during periods when an to solicit input regarding the as many people as possible within the off-loader is not operational, the environmental issues of concern and the limited time available. wetland construction site is not alternatives that should be discussed in available for material placement, or for the SEIS/EIR. The public comment Brenda S. Bowen, dredging projects with incompatible period closes February 25, 2005. Army Federal Register Liaison Officer. equipment or scheduling requirements. 6. Availability of SEIS/EIR. The public [FR Doc. 05–902 Filed 1–14–05; 8:45 am] An off-loader facility will require an will have an additional opportunity to BILLING CODE 3710–92–M

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DEPARTMENT OF EDUCATION Dated: January 11, 2005. DEPARTMENT OF EDUCATION Angela C. Arrington, Submission for OMB Review; Leader, Information Management Case Office of Special Education and Comment Request Services Team, Regulatory Information Rehabilitative Services, Individuals Management Services, Office of the Chief with Disabilities Education Act, as AGENCY: Department of Education. Information Officer. Amended by the Individuals With Disabilities Education Improvement SUMMARY: The Leader, Information Office of the Chief Financial Officer Management Case Services Team, Act of 2004 Regulatory Information Management Type of Review: Extension. ACTION: Notice of public meeting to seek Services, Office of the Chief Information Title: Application for Federal comments and suggestions on regulatory Officer invites comments on the Education Assistance (ED Form 424) issues under the Individuals With submission for OMB review as required Clearance Package. Disabilities Education Act (IDEA), as by the Paperwork Reduction Act of Frequency: Annually. amended by the Individuals With 1995. Disabilities Education Improvement Act Affected Public: State, Local, or Tribal of 2004. DATES: Interested persons are invited to Gov’t, SEAs or LEAs; Individuals or submit comments on or before February household; Businesses or other for- SUMMARY: The Secretary announces 17, 2005. profit; Not-for-profit institutions. plans to hold the second of a series of public meetings to seek comments and ADDRESSES: Written comments should Reporting and Recordkeeping Hour suggestions from the public prior to be addressed to the Office of Burden: developing and publishing proposed Information and Regulatory Affairs, Responses: 25,326. Burden Hours: regulations to implement programs Attention: Carolyn Lovett, Desk Officer, 6,331. under the recently revised Individuals Department of Education, Office of Abstract: There is a need to collect with Disabilities Education Act. Management and Budget, 725 17th information necessary for the processing DATE AND TIME OF PUBLIC MEETING: Street, NW., Room 10235, New of various Department of Education Thursday, February 3, 2005, from 3:30 Executive Office Building, Washington, grant program’s application packets p.m. to 5:30 p.m. and from 6:30 p.m. to DC 20503 or faxed to (202) 395–6974. from State and Local educational 8:30 p.m. SUPPLEMENTARY INFORMATION: Section agencies, institutions of higher ADDRESSES: The Ohio State University, 3506 of the Paperwork Reduction Act of education. The information is used by School of Education, 384 Arps Hall, 1995 (44 U.S.C. Chapter 35) requires program offices to determine eligibility 1945 North High Street, Columbus, Ohio that the Office of Management and and facilitate in the disbursement of 43210. Budget (OMB) provide interested program funds. FOR FURTHER INFORMATION CONTACT: Troy Federal agencies and the public an early Requests for copies of the submission R. Justeen. Telephone: (202) 245–7468. opportunity to comment on information for OMB review; comment request may SUPPLEMENTARY INFORMATION: collection requests. OMB may amend or be accessed from http:// Background waive the requirement for public edicsweb.ed.gov, by selecting the consultation to the extent that public ‘‘Browse Pending Collections’’ link and On December 3, 2004, the President participation in the approval process by clicking on link number 2619. When signed into law Public Law 108–446, the would defeat the purpose of the you access the information collection, Individuals with Disabilities Education information collection, violate State or click on ‘‘Download Attachments’’ to Improvement Act of 2004, amending the Federal law, or substantially interfere view. Written requests for information Individuals with Disabilities Education with any agency’s ability to perform its should be addressed to U.S. Department Act (IDEA). Copies of the new law may be obtained at the following Web site: statutory obligations. The Leader, of Education, 400 Maryland Avenue, http://www.gpoaccess.gov/plaws/ Information Management Case Services SW., Potomac Center, 9th Floor, index.html. Team, Regulatory Information Washington, DC 20202–4700. Requests Enactment of the new law provides an Management Services, Office of the may also be electronically mailed to the Chief Information Officer, publishes that _ opportunity to consider improvements Internet address OCIO [email protected] or in the regulations implementing the notice containing proposed information faxed to 202–245–6621. Please specify collection requests prior to submission IDEA (including both formula and the complete title of the information discretionary grant programs) that of these requests to OMB. Each collection when making your request. proposed information collection, would strengthen the Federal effort to ensure every child with a disability has grouped by office, contains the Comments regarding burden and/or available a free appropriate public following: (1) Type of review requested, the collection activity requirements education that—(1) Is of high quality, e.g. new, revision, extension, existing or should be directed to Sheila Carey at her and (2) is designed to achieve the high reinstatement; (2) title; (3) summary of e-mail address [email protected]. Individuals who use a standards reflected in the No Child Left the collection; (4) description of the Behind Act and regulations. need for, and proposed use of, the telecommunications device for the deaf (TDD) may call the Federal Information The Office of Special Education and information; (5) respondents and Rehabilitative Services will be holding a frequency of collection; and (6) Relay Service (FIRS) at 1–800–877– 8339. series of public meetings during the first reporting and/or recordkeeping burden. few months of calendar year 2005 to OMB invites public comment. [FR Doc. 05–874 Filed 1–14–05; 8:45 am] seek input and suggestions for BILLING CODE 4000–01–P developing regulations, as needed, based on the Individuals with Disabilities Education Improvement Act of 2004.

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This notice provides specific PERSON TO CONTACT FOR INFORMATION: Power Administration, PO Box 11606, information about the second of these Bryan Whitener, Telephone: (202) 566– Salt Lake City, UT 84147–0606, (801) meetings, scheduled for Columbus, OH 3100. 524–5493, e-mail [email protected], or (see DATE AND TIME OF PUBLIC MEETING * * * * * Ms. Carol A. Loftin, Rates Manager, earlier in this notice). Other informal Colorado River Storage Project meetings will be conducted in the Paul S. DeGregorio, Management Center, Western Area following locations: Vice-Chairman, U.S. Election Assistance Power Administration, PO Box 11606, Commission. • Salt Lake City, UT 84147–0606, (801) Atlanta, GA; [FR Doc. 05–1063 Filed 1–13–05; 4:10 pm] 524–6380, e-mail [email protected]. • Boston, MA; BILLING CODE 6020–YN–M Western will post information about the • San Diego, CA; rate process on its Web site under the ‘‘FY 2006 SLCA/IP Rate Adjustment’’ • Laramie, WY; and DEPARTMENT OF ENERGY section located at http://www.wapa.gov/ • Washington, DC. crsp/rateanal.htm. Western will post Western Area Power Administration official comments received via letter In subsequent Federal Register and e-mail to its Web site after the close notices, we will notify you of the Salt Lake City Area Integrated of the comment period. Western must specific dates and locations of each of Projects-Rate Order No. WAPA–117 receive written comments by the end of these meetings, as well as other relevant the consultation and comment period to information. AGENCY: Western Area Power Administration, DOE. ensure consideration in Western’s Individuals who need decision process. The public ACTION: Notice of proposed power rates. accommodations for a disability in order information forum and public comment to attend the meeting (i.e., interpreting SUMMARY: The Western Area Power forums will be held at the Quality Inn services, assistive listening devices, and Administration (Western) is proposing Salt Lake City Airport, 1659 West North material in alternative format) should adjustments to the Salt Lake City Area Temple, in Salt Lake City, UT 84116– notify the contact person listed under Integrated Projects (SLCA/IP) firm 3196. FOR FURTHER INFORMATION CONTACT. The power rates. The SLCA/IP consists of FOR FURTHER INFORMATION CONTACT: Ms. meeting location is accessible to the Colorado River Storage Project Carol A. Loftin, Rates Manager, individuals with disabilities. (CRSP), Collbran, and Rio Grande Colorado River Storage Project, Western Dated: January 11, 2005. projects, which were integrated for Area Power Administration, PO Box John H. Hager, marketing and ratemaking purposes on 11606, Salt Lake City, UT 84147–0606, Assistant Secretary for Special Education and October 1, 1987, and two participating (801) 524–6380, e-mail Rehabilitative Services. projects of the CRSP that have power [email protected]. facilities, the Dolores and Seedskadee [FR Doc. 05–954 Filed 1–14–05; 8:45 am] SUPPLEMENTARY INFORMATION: The BILLING CODE 4000–01–M projects. The current rates, under Rate Schedule SLIP–F7 expire September 30, proposed rates for SLCA/IP firm power 2007, but are not sufficient to meet the are designed to return an annual amount SLCA/IP revenue requirements. The of revenue to meet the repayment of power investment, payment of interest, ELECTION ASSISTANCE COMMISSION proposed rates will provide sufficient revenue to pay all annual costs, purchased power, OM&R expenses, and the repayment of irrigation assistance Sunshine Act Notice including operation and maintenance, and replacements (OM&R), interest costs as required by law. The Secretary of Energy approved AGENCY: expenses, and the required repayment of United States Election Rate Schedule SLIP–F7 for firm power investment within the allowable period. Assistance Commission. service on September 12, 2002 (Rate Western will prepare a brochure that * * * * * Order No. WAPA–99, 67 FR 60656, provides detailed information on the September 26, 2002), and the Federal ACTION: Notice of public meeting rates to all interested parties. The Energy Regulatory Commission agenda. proposed rates, under Rate Schedule (Commission) confirmed and approved SLIP–F8, are scheduled to go into effect the rate schedules on November 14, DATE AND TIME: on October 1, 2005. Publication of this Thursday, January 27, 2003, under FERC Docket No. EF02– Federal Register notice begins the 2005, 10 a.m.–12 noon. 5171–000. Rate Schedule SLIP–F7 formal process for the proposed rates. PLACE: U.S. Election Assistance became effective on October 1, 2002, for DATES: Commission, 1225 New York Ave., NW., The consultation and comment a 5-year period ending September 30, Suite 1100, Washington, DC 20005, period begins today and will end April 2007. Under Rate Schedule SLIP–F7, the (Metro Stop: Metro Center). 18, 2005. Western will present a energy rate is 9.5 mills per kilowatthour detailed explanation of the proposed (mills/kWh), and the capacity rate is AGENDA: The Commission will receive rates at a public information forum to be $4.04 per kilowattmonth (kWmonth). reports on the following: Updates on held on February 23, 2005, at 1:30 p.m. The composite rate is 20.72 mills/kWh. Title II Requirements Payments. The Western will accept oral and written Commission will receive presentations comments at a public comment forum to Firm Power Rate on the following: State Reports on be held on March 30, 2005, at 1:30 p.m. The proposed rate is expected to HAVA Expenditures; Single Audits of Western will accept written comments become effective October 1, 2005. The HAVA Expenditures; Other Audit any time during the consultation and proposed rate revenue requirements are Authority under HAVA. The comment period. based on the FY 2006 work plans for Commission will consider whether to ADDRESSES: Send written comments to Western and the Bureau of Reclamation institute a special audit concerning Bradley S. Warren, CRSP Manager, (Reclamation). These work plans form California’s use of HAVA funds. Colorado River Storage Project the bases for the FY 2006 Congressional * * * * * Management Center, Western Area budgets for the two agencies. The most

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current work plans will be included in Colorado River region, and an increase For this proposal, Western will the Rate Order submission. The FY 2003 in deficits. The increase is offset by an determine purchase power costs by historical data are the latest available for increase in projected nonrate related using ‘‘Median Hydrology’’ for the first the rate proposal. The final ratesetting revenues amounting to about $4.5 5 years of the ratesetting period. study will include FY 2004 data as it million per year (most of which are from Western believes that ‘‘Median becomes available. the CRSP merchant function activities), Hydrology’’ is more representative of The rate increase results primarily the sale of CRSP transmission, and the current hydrology situation than from the decrease in the customer ancillary services. ‘‘Average Hydrology.’’ For the contract energy commitments that were Traditionally, Western used remainder of the ratesetting period, reduced on October 1, 2004, increased Reclamation’s estimates of ‘‘Average Western will set the purchase power purchased power costs from the Hydrology’’ to determine hydro costs at $2 million per year based on continued drought in the Upper generation and purchase power costs. anticipated operational needs.

COMPARISON OF CURRENT AND PROPOSED FIRM POWER RATES

Current rate Proposed rate Oct. 1, 2002– Oct. 1, 2005– Rate schedule Sept. 30, 2007 Sept. 30, 2010 Change SLIP–F7 SLIP–F8

Base Rate: Energy: (mills/kWh) ...... 9.5 10.6 1.1 Capacity: ($kW/month) ...... 4.04 4.50 .46 Composite Rate: (mills/kWh) ...... 20.72 25.77 5.05

Cost Recovery Charge (CRC) Energy approve the proposed rates on Adjustment’’ section located at http:// an interim basis. www.wapa.gov/crsp/rateanal.htm. In setting its firm power rate, Western Western is establishing firm electric Regulatory Procedure Requirements forecasts generation available from the service rates for SLCA/IP under the SLCA/IP units and projects the firming Department of Energy Organization Act Regulatory Flexibility Analysis energy purchase expense over the (42 U.S.C. 7152); the Reclamation Act of ratesetting period. These firming 1902 (ch. 1093, 32 Stat. 388), as The Regulatory Flexibility Act of 1980 expense projections are included in the amended and supplemented by (5 U.S.C. 601 et seq.) requires Federal annual revenue requirement of the firm subsequent laws, particularly section agencies to perform a regulatory power rate. Over the last several years, 9(c) of the Reclamation Project Act of flexibility analysis if a final rule is likely both hydropower generation and power 1939 (43 U.S.C. 485h(c)); and other acts to have a significant economic impact prices have been highly volatile. This that specifically apply to the projects on a substantial number of small entities volatility has caused actual purchased involved. and there is a legal requirement to issue power expenses to be significantly By Delegation Order No. 00–037.00, a general notice of proposed higher than forecast and has resulted in rulemaking. This action does not require cost recovery issues for the SLCA/IP. To effective December 6, 2001, the Secretary of Energy delegated: (1) The a regulatory flexibility analysis since it adequately recover expenses in times of is a rulemaking of particular financial hardship, Western proposes to authority to develop power and applicability involving rates or services implement a cost recovery mechanism. transmission rates to Western’s Administrator; (2) the authority to applicable to public property. The CRC is an additional charge on all confirm, approve, and place such rates Environmental Compliance delivered Sustainable Hydropower into effect on an interim basis to the energy deliveries (long-term SLCA/IP Deputy Secretary of Energy; and (3) the In compliance with the National hydro capacity with energy) that may, at authority to confirm, approve, and place Environmental Policy Act (NEPA) of times, be applicable when cost recovery into effect on a final basis, to remand, 1969, 42 U.S.C. 4321, et seq.; the is at risk due to low hydropower or to disapprove such rates to the generation and high power prices. The Council on Environmental Quality Commission. Existing Department of Regulations for implementing NEPA (40 conditions that would trigger the CRC, Energy (DOE) procedures for public as well as a more detailed formula CFR parts 1500–1508); and DOE NEPA participation in power rate adjustments Implementing Procedures and methodology of how and when the CRC (10 CFR part 903) were published on Guidelines (10 CFR part 1021), Western would apply, will be discussed in September 18, 1985 (50 FR 37835). further detail in the Rate Brochure and has determined that this action is at the Information Forum. Availability of Information categorically excluded from the preparation of an environmental All brochures, studies, comments, Legal Authority assessment or an environmental impact letters, memorandums, or other statement. Since the proposed rates constitute a documents that Western initiates or uses major rate adjustment as defined by 10 to develop the proposed rates are Determination Under Executive Order CFR part 903, Western will hold both a available for inspection and copying at 12866 public information forum and a public the CRSP Management Center, located comment forum. After reviewing public at 150 Social Hall Avenue, Suite 300, Western has an exemption from comments and making possible Salt Lake City, Utah. Many of these centralized regulatory review under amendments or adjustments to its documents and supporting information Executive Order 12866; accordingly, no proposed rates, Western will are also available on its Web site under clearance of this notice by the Office of recommend the Deputy Secretary of the ‘‘FY 2006 SLCA/IP Rate Management and Budget is required.

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Small Business Regulatory Enforcement hearing, and instead consider CARB’s index listing of the contents of the Fairness Act requests based on written submissions official public docket, and to access Western has determined that this rule to the docket. Any party may submit those documents in the public docket is exempt from congressional written comments by March 29, 2005. that are available electronically. notification requirements under 5 U.S.C. ADDRESSES: EPA will make available for Although a part of the official docket, 801 because the action is a rulemaking public inspection at the Air and the public docket does not include of particular applicability relating to Radiation Docket and Information Confidential Business Information (CBI) rates or services and involves matters of Center materials submitted by CARB, or other information whose disclosure is procedure. written comments received from restricted by statute. Once in the interested parties, in addition to any edocket system, select ‘‘search,’’ then Dated: December 22, 2004. testimony given at the public hearing. key in the appropriate docket ID Michael S. Hacskaylo, The official public docket is the number. Administrator. collection of materials that is available FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–909 Filed 1–14–05; 8:45 am] for public viewing at the Air and David Dickinson, Certification and BILLING CODE 6450–01–P Radiation Docket in the EPA Docket Compliance Division (6405J), U.S. Center, (EPA/DC) EPA West, Room Environmental Protection Agency, 1200 B102, 1301 Constitution Ave., NW., Pennsylvania Ave, NW., Washington, ENVIRONMENTAL PROTECTION Washington, DC. The EPA Docket DC 20460. Telephone: (202) 343–9256, AGENCY Center Public Reading Room is open Fax: (202) 343–2804, e-mail address: [AMS–FRL–7861–8] from 8:30 to 4:30 p.m., Monday through [email protected]. Friday, excluding legal holidays. The SUPPLEMENTARY INFORMATION: California State Motor Vehicle telephone number for the Public Pollution Control Standards; Reading Room is (202) 566–1744, and (A) Procedural History the telephone number for the Air and Amendments to the California Zero Within CARB’s 1990–1991 California Radiation Docket is (202) 566–1743. The Emission Vehicle (ZEV) Regulation; Low-Emission Vehicle (LEV I) reference number for this docket is 2003–2006 Model Years Within the rulemaking 10 percent of the passenger OAR–2004–0437. Parties wishing to Scope Request; 2007 and Subsequent cars and LDT1s 1 marketed by all but present oral testimony at the public Model Years Waiver Request; small volume manufacturers were hearing should provide written notice to Opportunity for Public Hearing required to be ZEVs starting in the 2003 David Dickinson at the address noted model year. The ZEV program at that AGENCY: Environmental Protection below. If EPA receives a request for a time also included a provision requiring Agency (EPA). public hearing, EPA will hold the public that, beginning in model year 1998, 2 ACTION: hearing at 1310 L St, NW., Washington, Notice of opportunity for public percent of all passenger cars and LDTs DC 20005. hearing and comment. offered for sale by manufacturers in any OBTAINING ELECTRONIC COPIES OF model year must be ZEVs, this SUMMARY: The California Air Resources DOCUMENTS: EPA will make available an Board (CARB) has notified EPA that it percentage increased to 5 percent in electronic copy of this Notice on the model year 2001. EPA issued a waiver has adopted four sets of amendments to Office of Transportation and Air the California ZEV regulation. By letter of preemption for the LEV I regulations, Quality’s (OTAQ’s) home page (http:// including the ZEV provisions, in 1993. dated September 23, 2004, CARB www.epa.gov/otaq/). Users can find this requested that EPA confirm that its The ZEV program requirements were document by accessing the OTAQ home eliminated for model years 1998–2002 aggregated amendments from the four page and looking at the path entitled rulemakings as they affect model years by CARB regulation in 1996, and EPA, ‘‘Regulations.’’ This service is free of in 2001, confirmed that the deletion of 2003–2006 are within the scope of charge, except any cost you already previous waivers of preemption issued the model year 1998–2002 ZEV incur for Internet connectivity. Users requirements was within the scope of by EPA. CARB also requests that EPA can also get the official Federal Register issue a new waiver of preemption for previous waivers. In 1998–1999 CARB, version of the Notice on the day of as part of its LEV II rulemaking, adopted the aggregated amendments to the publication on the primary Web site: extent they are applicable to the 2007 certain ZEV amendments (‘‘1999 (http://www.epa.gov/docs/fedrgstr/EPA- Amendments’’) which set forth options and subsequent model years. This AIR/). notice announces that EPA has for manufacturers to meet the 10 percent Please note that due to differences ZEV obligation in 2003 and beyond. tentatively scheduled a public hearing between the software used to develop concerning California’s requests and EPA has not yet considered the 1999 the documents and the software into amendments in a waiver context and to that EPA is accepting written comment which the documents may be on the requests. the extent they are still applicable downloaded, changes in format, page (remain in effect after both the 2001 and DATES: EPA has tentatively scheduled a length, etc., may occur. Parties wishing 2003 ZEV amendments) EPA now public hearing concerning CARB’s to present oral testimony at the public considers them by today’s action. requests on February 17, 2005, hearing should provide written notice to In 2001–2002 CARB adopted beginning at 10 a.m. EPA will hold a David Dickinson at: U.S. Environmental amendments that maintained certain hearing only if a party notifies EPA by Protection Agency, 1200 Pennsylvania provisions of the ZEV program for 2003 February 7, 2005, expressing its interest Ave., NW., (6405J), Washington, DC and subsequent model years and also in presenting oral testimony. By 20460. Telephone: (202) 343–9256. included additional ZEV credit February 14, 2005, any person who Docket: An electronic version of the provisions (‘‘2001 Amendments’’). plans to attend the hearing should call public docket is available through EPA’s Although CARB initially requested that David Dickinson at (202) 343–9256 to electronic public docket and comment learn if a hearing will be held. If EPA system. You may use EPA dockets at 1 Under CARB’s regulations, and LDT1 is a light- does not receive a request for a public http://www.epa.gov/edocket/ to submit duty truck having a loaded vehicle weight of 0– hearing, then EPA will not hold a or view public comments, access the 3750 pounds.

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EPA confirm that these amendments waiver under section 209(b). The welfare as applicable federal standards were within the scope of previous Administrator must grant a waiver is arbitrary and capricious, (b) California waivers of preemption, CARB unless he finds that (A) the needs separate standards to meet subsequently withdrew its request. By determination of the state is arbitrary compelling and extraordinary today’s action EPA is considering and capricious, (B) the state does not conditions, and (c) California’s portions of the 2001 amendments that need the state standards to meet standards and accompanying were not eliminated by CARB’s 2003 compelling and extraordinary enforcement procedures are consistent ZEV amendments. CARB’s 2003 ZEV conditions, or (C) the state standards with section 202(a) of the Act. and accompanying enforcement amendments delay the start of the Procedures for Public Participation percentage ZEV requirements from procedures are not consistent with model year 2003 to model year 2005 and section 202(a) of the Act. In recognition that public hearings are make other changes; these amendments When EPA receives new waiver designed to give interested parties an are also considered by today’s action. In requests from CARB, EPA traditionally opportunity to participate in this addition, CARB’s 2002 amendments publishes a notice of opportunity for proceeding, there are no adverse parties regarding conductive chargers on 2006 public hearing and comment and then as such. Statements by participants will and subsequent model year battery publishes a decision in the Federal not be subject to cross-examination by electric vehicles are considered by Register following the public comment other participants without special today’s action. Please see CARB’s period. In contrast, when EPA receives approval by the presiding officer. The waiver request letter for a complete within the scope waiver requests from presiding officer is authorized to strike description of the four sets of ZEV CARB, EPA usually publishes a decision from the record statements that he or amendments and a document setting in the Federal Register and she deems irrelevant or repetitious and forth the text of the aggregated concurrently invites public comment if to impose reasonable time limits on the amendments to title 13, California Code an interested part is opposed to EPA’s duration of the statement of any of Regulations (CCR) covered by CARB’s decision. participant. If a hearing is held, the Agency will request compared to the preexisting Although CARB has submitted a make a verbatim record of the regulatory text. The docket also includes within the scope waiver request for its proceedings. Interested parties may the ‘‘California Exhaust Emission ZEV amendments as applied to the arrange with the reporter at the hearing Standards and Test Procedures for 2005 2003–2006 model years, EPA invites to obtain a copy of the transcript at their and Subsequent Model Zero-Emission comment on the following issues: (1) own expense. Regardless of whether a Vehicles, and 2001 and Subsequent Whether California’s ZEV program amendments for the 2003–2006 model public hearing is held, EPA will keep Model Hybrid Electric vehicles, in the the record open until March 29, 2005. Passenger Car, Light-Duty Truck, and years and the ZEV program amendments for 2007 and subsequent model years Upon expiration of the comment period, Medium-Duty Vehicle Classes,’’ which should be considered together or the Administrator will render a decision was adopted by CARB on August 5, separately; (2) whether California’s on CARB’s request based on the record 1999, and last amended December 19, 2003–2006 ZEV program amendments, of the public hearing, if any, relevant 2003, and which is incorporated by within the context of a within the scope written submissions, and other reference in the ZEV regulation. analysis (a) undermine California’s information that he deems pertinent. All (B) Background and Discussion previous determination that its information will be available for Section 209(a) of the Clean Air Act, as standards, in the aggregate, are at least inspection at EPA Air Docket. (Docket amended (‘‘Act’’), 42 U.S.C. 7543(a), as protective of public health and No. OAR–2004–0437). EPA requests that parties wishing to provides: welfare as comparable Federal standards, (b) affect the consistency of submit comments specify which issue, No State or any political subdivision California’s requirements with section noted above, they are addressing. thereof shall adopt or attempt to enforce any 202(a) of the Act, and (c) raise new Commenters may submit one document standard relating to the control of emissions which addresses several issues but they from new motor vehicles or new motor issues affecting EPA’s previous waiver vehicle engines subject to this part. No state determinations. Please also provide should separate, to the extent possible, shall require certification, inspection or any comment that if CARB’s 2003–2006 ZEV those comments that relate to the 2003– other approval relating to the control of program amendments were not found to 2006 ZEV program amendments and emission from any new motor vehicle or new be within the scope of previous waivers those that relate to the 2007 and motor vehicle engine as condition precedent and instead required a full waiver subsequent model year ZEV program to the initial retail sale, titling (if any), or analysis, whether (a) CARB’s amendments. registration of such motor vehicle, motor determination that its standards, in the Persons with comments containing vehicle engine, or equipment. aggregate, are at least as protective of proprietary information must Section 209(b)(1) of the Act requires public health and welfare as applicable distinguish such information from other the Administrator, after notice and federal standards is arbitrary and comments to the greatest possible extent opportunity for public hearing, to waive capricious, (b) California needs separate and label it as ‘‘Confidential Business application of the prohibitions of standards to meet compelling and Information’’ (CBI). If a person making section 209(a) for any state that has extraordinary conditions, and (c) comments wants EPA to base its adopted standards (other than crankcase California’s standards and decision in part on a submission labeled emission standards) for the control of accompanying enforcement procedures CBI, then a nonconfidential version of emissions from new motor vehicles or are consistent with section 202(a) of the the document that summarizes the key new motor vehicle engines prior to Act. data or information should be submitted March 30, 1966, if the state determines EPA also invites comment on CARB’s for the public docket. To ensure that that the state standards will be, in the 2007 and subsequent model year ZEV proprietary information is not aggregate, at least as protective of public program amendments, and whether (a) inadvertently placed in the docket, health and welfare as applicable federal CARB’s determination that its submissions containing such standards. California is the only state standards, in the aggregate, are at least information should be sent directly to that is qualified to seek and receive a as protective of public health and the contact person listed above and not

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to the public docket. Information Committee Act (FACA), 5 United States does not display a valid control number. covered by a claim of confidentiality Code Appendix 2, it has been Comments are requested concerning (a) will be disclosed by EPA only to the determined that both February meetings whether the proposed collection of extent allowed and by the procedures would fall within the scope of information is necessary for the proper set forth in 40 CFR part 2. If no claim exceptions (c)(1) and (c)(9)(B) of the performance of the functions of the of confidentiality accompanies the Sunshine Act, 5 United States Code, Commission, including whether the submission when EPA receives it, EPA Sections 552b(c)(1) & (c)(9)(B), and thus information shall have practical utility; will make it available to the public could be closed to the public if FACA (b) the accuracy of the Commission’s without further notice to the person did apply to the Commission. burden estimate; (c) ways to enhance making comments. DATES: First meeting: Wednesday, the quality, utility, and clarity of the Dated: January 10, 2005. February 2, 2005 (9 a.m. to 5 p.m.) and information collected; and (d) ways to Jeffrey R. Holmstead, Thursday, February 3, 2005. (9 a.m. to minimize the burden of the collection of Assistant Administrator, Office of Air and 2 p.m.). Second meeting: Wednesday, information on the respondents, Radiation. February 16, 2005 (9 a.m. to 5 p.m.) and including the use of automated [FR Doc. 05–931 Filed 1–14–05; 8:45 am] Thursday, February 17, 2005 (9 a.m. to collection techniques or other forms of information technology. BILLING CODE 6560–50–P 5 p.m.). ADDRESSES: Members of the public who DATES: Written Paperwork Reduction wish to submit a written statement to Act (PRA) comments should be EXECUTIVE OFFICE OF THE the Commission are invited to do so by submitted on or before March 21, 2005. PRESIDENT facsimile at (703) 414–1203, or by mail If you anticipate that you will be at the following address: Commission submitting comments, but find it Office of Administration on the Intelligence Capabilities of the difficult to do so within the period of United States Regarding Weapons of time allowed by this notice, you should Notice of Meeting of the Commission Mass Destruction, Washington, DC, advise the contact listed below as soon on the Intelligence Capabilities of the 20503. Comments also may be sent to as possible. United States Regarding Weapons of the Commission by e-mail at ADDRESSES: Direct all Paperwork Mass Destruction [email protected]. Reduction Act (PRA) comments to Leslie F. Smith, Federal ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Communications Commission, 445 12th Contact Brett C. Gerry, Associate SUMMARY: Street, SW, Room 1–A804, Washington, The Commission on the General Counsel, Commission on the DC 20554 or via the Internet to Intelligence Capabilities of the United Intelligence Capabilities of the United States Regarding Weapons of Mass [email protected]. States Regarding Weapons of Mass Destruction (‘‘Commission’’) will meet Destruction, by facsimile, or by FOR FURTHER INFORMATION CONTACT: For in closed session twice in February. The telephone at (703) 414–1200. additional information or copies of the first meeting will be held on information collection(s) contact Leslie Wednesday, February 2, 2005, and Victor E. Bernson, Jr., F. Smith at (202) 418–0217 or via the Thursday, February 3, 2005, in its Executive Office of the President, Office of Internet at [email protected]. offices in Arlington, Virginia. The Administration, General Counsel. SUPPLEMENTARY INFORMATION: second meeting will be held in the same [FR Doc. 05–864 Filed 1–14–05; 8:45 am] OMB Control Number: 3060–0053. location on Wednesday, February 16, BILLING CODE 3130–W5–P Title: Application for Consent to 2005, and Thursday, February 17, 2005. Transfer Control of Corporation Holding Executive Order 13328 established the Stations License, FCC Form 703. Commission for the purpose of assessing FEDERAL COMMUNICATIONS Form Number: FCC 703. whether the Intelligence Community is COMMISSION Type of Review: Extension of sufficiently authorized, organized, currently approved collection. equipped, trained, and resourced to Notice of Public Information Respondents: Business or other for identify and warn in a timely manner of, Collection(s) Being Reviewed by the profit entities; Not-for-profit and to support the United States Federal Communications Commission institutions. Government’s efforts to respond to, the for Extension Under Delegated Estimated Number of Respondents: development of Weapons of Mass Authority 40. Destruction, related means of delivery, Estimated Time per Response: 36 and other related threats of the 21st January 11, 2005. minutes. Century. This meeting will consist of SUMMARY: The Federal Communications Frequency of Response: On occasion briefings and discussions involving Commission, as part of its continuing reporting requirements; Third party classified matters of national security, effort to reduce paperwork burden disclosure. including classified briefings from invites the general public and other Total Annual Burden: 24 hours. representatives of agencies within the Federal agencies to take this Total Annual Costs: $2,000. Intelligence Community; Commission opportunity to comment on the Privacy Act Impact Assessment: No discussions based upon the content of following information collection(s), as Impact(s). classified intelligence documents the required by the Paperwork Reduction Needs and Uses: The Commission has received from agencies Act of 1995, Public Law 104–13. An Communications Act of 1934, as within the Intelligence Community; and agency may not conduct or sponsor a amended, and 47 CFR 5.59 of FCC Rules presentations concerning the United collection of information unless it require applicants for Experimental States’ intelligence capabilities that are displays a currently valid control Radio Services to submit FCC Form 703 based upon classified information. number. No person shall be subject to when they propose to change, via a While the Commission does not any penalty for failing to comply with transfer of stock ownership, the control concede that it is subject to the a collection of information subject to the of a station. The Commission uses requirements of the Federal Advisory Paperwork Reduction Act (PRA) that information to determine the eligibility

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for licenses, without which, violations DC 20554 or via the Internet to Judith- made of ex parte presentations (i.e., of ownership regulations may occur. [email protected]. written presentations not served on all There are no changes to the FCC Form FOR FURTHER INFORMATION CONTACT: For parties to the proceeding or oral 703. additional information or copies of the presentations as to which all parties Federal Communications Commission. information collections contact Judith B. have not been given notice and an Marlene H. Dortch, Herman at 202–418–0214 or via the opportunity to be present) to decision- making personnel in ‘‘permit-but- Secretary. internet at [email protected]. SUPPLEMENTARY INFORMATION: disclose’’ proceedings, such as notice- [FR Doc. 05–918 Filed 1–14–05; 8:45 am] and-comment rulemakings and BILLING CODE 6712–01–P OMB Control No.: 3060–0384. Title: Auditor’s Attestation and declaratory ruling proceedings. Persons Certification—Sections 64.904 and making such presentations must file two copies of written presentations and two FEDERAL COMMUNICATIONS 64.905. copies of memoranda reflecting new COMMISSION Form No.: N/A. Type of Review: Extension of a data or arguments in oral presentations Notice of Public Information currently approved collection. no later than the next business day after Collection(s) Being Reviewed by the Respondents: Business or other for the presentation. The information is Federal Communications Commission profit. used by parties to permit-but-disclose for Extension Under Delegated Number of Respondents: 12. proceedings, including interested Authority Estimated Time Per Response: 35–250 members of the public, to respond to the hours. arguments made and data offered in the January 7, 2005. Frequency of Response: On occasion, presentations. The responses may then SUMMARY: The Federal Communications annual and biennial reporting be used by the Commission in its Commission, as part of its continuing requirements. decision-making. The availability of the effort to reduce paperwork burden Total Annual Burden: 1,285 hours. ex parte materials ensures that the invites the general public and other Annual Cost Burden: $1,200,000. Commission’s decisional processes are Federal agencies to take this Privacy Act Impact Assessment: N/A. fair, impartial and comport with the opportunity to comment on the Needs and Uses: Each incumbent concept of due process in that all following information collection(s), as local exchange carrier (ILEC) that is interested parties can know of and required by the Paperwork Reduction required to file a cost allocation manual respond to the arguments made to the Act of 1995, Public Law 104–13. An is required to either have an attest decision-making officials. agency may not conduct or sponsor a engagement or have a financial audit OMB Control No.: 3060–0470. collection of information unless it performed by an independent auditor Title: 47 CFR Sections 64.901 through displays a currently valid control biennially. Mid-sized carriers are 64.903, Allocation of Cost, Cost number. No person shall be subject to required to file a certification with the Allocation Manual and RAO Letters 10 any penalty for failing to comply with Commission stating that they are in and 26. a collection of information subject to the compliance with 47 CFR 64.905. The Form No.: N/A. Paperwork Reduction Act (PRA) that reporting requirements are imposed to Type of Review: Extension of a does not display a valid control number. ensure that the carriers are properly currently approved collection. Comments are requested concerning (a) complying with Commission rules. Respondents: Business or other for- whether the proposed collection of They serve as an important aid in the profit entities. information is necessary for the proper Commission’s monitoring program. The Number of Respondents: 5 performance of the functions of the Commission is seeking an extension (no respondents; 10 responses. Commission, including whether the change in requirements) in order to Estimated Time Per Response: 400 information shall have practical utility; obtain the full three year clearance from hours. (b) the accuracy of the Commission’s OMB. Frequency of Response: On occasion burden estimate; (c) ways to enhance OMB Control No.: 3060–0430. and annual reporting requirements. the quality, utility, and clarity of the Title: 47 CFR Section 1.1206, Permit- Total Annual Burden: 2,000 hours. information collected; and (d) ways to But-Disclose Proceedings. Annual Cost Burden: N/A. minimize the burden of the collection of Form No.: N/A. Privacy Act Impact Assessment: N/A. information on the respondents, Type of Review: Extension of a Needs and Uses: Pursuant to § 64.901, including the use of automated currently approved collection. carriers are required to separate their collection techniques or other forms of Respondents: Individuals or regulated costs from non-regulated costs information technology. households, business or other for-profit using the attributable cost method of entities, not-for-profit institutions, cost allocation. Section 64.903(a) DATES: Persons wishing to comment on Federal Government, and state, local or requires local exchange carriers (LECs) this information collection should tribal government. with annual operating revenues equal to submit comments by March 21, 2005. If Number of Respondents: 10,000. or above the indexed revenue threshold you anticipate that you will be Estimated Time Per Response: .50 as defined in 47 CFR 32.9000 to file a submitting comments, but find it hours. cost allocation manual containing the difficult to do so within the period of Frequency of Response: On occasion information specified in § 64.903(a)(1)– time allowed by this notice, you should reporting requirement, third party (6). Section 64.903(b) requires that advise the contact listed below as soon disclosure requirement, and carriers update their cost allocation as possible. recordkeeping requirement. manuals at least annually, except that ADDRESSES: Direct all Paperwork Total Annual Burden: 5,000 hours. changes to the cost apportionment table Reduction Act (PRA) comments to Annual Cost Burden: N/A. and the description of time reporting Judith B. Herman, Federal Privacy Act Impact Assessment: N/A. procedures must be filed at the time of Communications Commission, 445 12th Needs and Uses: The Commission’s implementation. Moreover, filing of cost Street, SW, Room 1–C804, Washington, rules require that a public record be allocation manuals and occasional

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updates are subject to the uniform 330 and 331 have been completed and Form No.: N/A. format and standard procedures that the station is now operational and Estimated Annual Burden: 10,200 specified in RAO Letter 19. RAO Letter ready to provide service to the public. responses; 1,632 total annual burden 26 provides guidance to carriers in The license shall be subject to forfeit hours; 0.16 hours (10 minutes) average revising their Cost Allocation Manuals upon the expiration of the construction per respondent. (CAMs) to reflect change to the affiliate period specified in the license unless Needs and Uses: Under Section 223 of transactions rules pursuant to the the licensee files with the Commission the Communications Act of 1932, as Accounting Safeguards Order. The FCC an FCC Form 330A within five days amended, telephone companies are uses the manual to ensure that all costs after that date. There is no change in required, to the extent technically are properly classified. respondents or burden hours. feasible, who has not previously OMB Control No.: 3060–0814. Federal Communications Commission. requested access. 47 CFR 64.201 Title: Section 54.301, Local Switching Marlene H. Dortch, implements Section 223 and contains several information collections Support and Local Switching Data Secretary. requirements: (1) A requirement that Collection Form and Instructions. [FR Doc. 05–919 Filed 1–14–05; 8:45 am] Form No.: N/A. certain common carriers block access to Type of Review: Extension of a BILLING CODE 6712–01–P indecent messages unless the subscriber currently approved collection. seeks access from the common carrier (telephone company) in writing; (2) A Respondents: Business or other for- FEDERAL COMMUNICATIONS requirement that adult message service profit entities. COMMISSION Number of Respondents: 195. providers notify their carriers of the Estimated Time Per Response: .50–24 Public Information Collections nature of their programming; and (3) A hours. Approved by Office of Management requirement that a provider of adult Frequency of Response: On occasion and Budget message services request that their and annual reporting requirements and carrier identify it as such in bills to its third party disclosure requirement. January 12, 2005. subscribers. The information Total Annual Burden: 3,787 hours. SUMMARY: The Federal Communications requirements are imposed to ensure that Annual Cost Burden: N/A. Commission (FCC) has received Office minors are denied access to materials Privacy Act Impact Assessment: N/A. of Management and Budget (OMB) deemed indecent. Needs and Uses: Pursuant to § 54.301, approval for the following public OMB Control No.: 3060–0787. each incumbent local exchange carrier information collections pursuant to the OMB Approval date: 11/30/2004. (ILEC) that is not a member of the NECA Paperwork Reduction Act of 1995, Expiration Date: 11/30/2007. common line tariff, that has been Public Law 104–13. An agency may not Title: Implementation of Subscriber designated as eligible conduct or sponsor and a person is not Carrier Selection Changes Provisions of telecommunications carriers, and that required to respond to a collection of the Telecommunications Act of 1996; serves a study area with 50,000 or fewer information unless it displays a Policies and Rules Concerning access lines shall, for each study area, currently valid control number. Unauthorized Changes of Consumers’ provide the Administrator with the FOR FURTHER INFORMATION CONTACT: Long Distance, CC Docket 94–129. projected total unseparated dollar Dana Jackson, Federal Communications Form No.: N/A. amount assigned to each account in Commission, 445 12th Street, SW., Estimated Annual Burden: 35,036 § 54.301(b). Average schedule Washington DC 20554, (202) 418–2247 responses; 146,794 total annual burden companies are required to file or via the Internet at hours; 1–10 hours per respondent. information pursuant to § 54.301(f). [email protected]. Needs and Uses: On March 17, 2003, Both respondents must provide true-up SUPPLEMENTARY INFORMATION: the FCC released the Third Order on data. The data is necessary to calculate OMB Control No.: 3060–0422. Reconsideration and Second Further certain revenue requirements. OMB Approval date: 11/12/2004. Notice of Proposed Rulemaking, CC OMB Control No.: 3060–0891. Expiration Date: 11/30/2007. Docket No. 94–129, FCC 03–42 (Third Title: Certification of Completion of Title: Section 68.5, Waivers Order on Reconsideration), in which the Construction for an Instructional (Application for Waiver of Hearing Aid Commission revised and clarified Television Fixed Service Station. Compatibility Requirements). certain rules to implement section 258 Form No.: FCC Form 330A. Form No.: N/A. of the 1996 Act. On May 23, 2003, the Type of Review: Extension of a Estimated Annual Burden: 10 Commission also released an Order (CC currently approved collection. responses; 30 total annual burden hours; Docket No. 94–129, FCC 03–116) Respondents: Not-for-profit 3 hours per respondent. clarifying certain aspects of the Third institutions and state, local or tribal Needs and Uses: Telephone Order on Reconsideration. The rules government. manufacturers seeking a waiver of 47 and requirements implementing section Number of Respondents: 65. CFR 68.5, which requires that certain 258 can be found primarily at 47 CFR Estimated Time Per Response: .50 telephones be hearing aid compatible, part 64. The modified and revised rules hours. must demonstrate that compliance with will strengthen the ability of our rules Frequency of Response: On occasion the rule is technologically infeasible or to deter slamming, while protecting reporting requirement. too costly. Information is used by FCC consumers from carriers that may take Total Annual Burden: 33 hours. staff to determine whether to grant or advantage of consumer confusion over Annual Cost Burden: N/A. dismiss the request. different types of telecommunications Privacy Act Impact Assessment: N/A. OMB Control No.: 3060–0439. services. This Third Order on Needs and Uses: FCC Form 330A is OMB Approval date: 12/20/2004. Reconsideration also contains a Further used to certify that Instructional Expiration Date: 12/31/2007. Notice of Proposed Rulemaking, in Television Fixed Service (ITFS) and Title: Section 64.201, Regulations which we seek comment on rule Multipoint Distribution Service (MDS) Concerning Indecent Communications modification with respect to third party facilities as authorized in FCC Forms by Telephone. verifications. On July 16, 2004, the

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Commission released the First Order on FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM Reconsideration and Fourth Order on Reconsideration, CC Docket Nos. 94– Notice of Proposals to Engage in Formations of, Acquisitions by, and 129 and 00–257, FCC 04–153 Permissible Nonbanking Activities or Mergers of Bank Holding Companies (Reconsideration Order), which the to Acquire Companies that are The companies listed in this notice Commission modified rule Engaged in Permissible Nonbanking have applied to the Board for approval, 64.1120(e)(3)(iii). As noted, when Activities pursuant to the Bank Holding Company subscribers are switched between Act of 1956 (12 U.S.C. 1841 et seq.) carriers as a result of negotiated sale or The companies listed in this notice (BHC Act), Regulation Y (12 CFR Part transfer or the exiting carrier’s have given notice under section 4 of the 225), and all other applicable statutes bankruptcy, we believe the acquiring Bank Holding Company Act (12 U.S.C. and regulations to become a bank carrier should generally be responsible 1843) (BHC Act) and Regulation Y (12 holding company and/or to acquire the for carrier change charges associated CFR Part 225) to engage de novo, or to assets or the ownership of, control of, or with a negotiated sale or transfer. acquire or control voting securities or the power to vote shares of a bank or However, while we maintain this assets of a company, including the bank holding company and all of the general rule rather than adopting either companies listed below, that engages banks and nonbanking companies SBC’s or Verizon’s proposed either directly or through a subsidiary or owned by the bank holding company, modifications, we do adopt one minor other company, in a nonbanking activity including the companies listed below. modification to the rule for particular, that is listed in § 225.28 of Regulation Y The applications listed below, as well limited circumstances. Specifically, (12 CFR 225.28) or that the Board has as other related filings required by the when an acquiring carrier acquires determined by Order to be closely Board, are available for immediate customers by default ‘‘other than related to banking and permissible for inspection at the Federal Reserve Bank through bankruptcy ‘‘and state law bank holding companies. Unless indicated. The application also will be would require the exiting carrier to pay otherwise noted, these activities will be available for inspection at the offices of these costs, we will require the exiting conducted throughout the United States. the Board of Governors. Interested carrier to pay such costs to meet our persons may express their views in Each notice is available for inspection streamlined slamming rules. The change writing on the standards enumerated in in the rule does not impose any new or at the Federal Reserve Bank indicated. the BHC Act (12 U.S.C. 1842(c)). If the modified information collection The notice also will be available for proposal also involves the acquisition of requirements. The modification to rule inspection at the offices of the Board of a nonbanking company, the review also 47 CFR 64.1120(e)(3)(iii) does not affect Governors. Interested persons may includes whether the acquisition of the the existing annual hourly and cost express their views in writing on the nonbanking company complies with the changes. question whether the proposal complies standards in section 4 of the BHC Act with the standards of section 4 of the (12 U.S.C. 1843). Unless otherwise OMB Control No.: 3060–0854. BHC Act. Additional information on all noted, nonbanking activities will be OMB Approval date: 11/30/2004. bank holding companies may be conducted throughout the United States. Expiration Date: 11/30/2007. obtained from the National Information Additional information on all bank Center website at www.ffiec.gov/nic/. holding companies may be obtained Title: Truth-in-Billing Format, CC from the National Information Center Docket No. 98–170. Unless otherwise noted, comments regarding the applications must be website at www.ffiec.gov/nic/. Form No.: N/A. Unless otherwise noted, comments received at the Reserve Bank indicated regarding each of these applications Estimated Annual Burden: 10,788 or the offices of the Board of Governors must be received at the Reserve Bank responses; 1,565,755 total annual not later than February 1, 2005. burden hours; 5–465 hours per indicated or the offices of the Board of respondent. A. Federal Reserve Bank of Chicago Governors not later than February 11, (Patrick Wilder, Assistant Vice 2005. Needs and Uses: The Commission President) 230 South LaSalle Street, A. Federal Reserve Bank of adopted rules to make consumers’ Chicago, Illinois 60690–1414: Philadelphia (Michael E. Collins, Senior telephone bills easier to read and Vice President) 100 North 6th Street, understand. Telephone bills do not 1. Marshall & Ilsley Corporation, Milwaukee, Wisconsin; to acquire, Philadelphia, Pennsylvania 19105– provide necessary information in a user- 1521: indirectly through its subsidiary, friendly format. As a result, consumers 1. Prudential Bancorp, Inc. of Metavante Corporation, Milwaukee, are experiencing difficulty in Pennsylvania, and Prudential Mutual understanding their bills, in detecting Wisconsin, 100 percent of the voting Holding Company, both of Philadelphia, fraud, in resolving billing disputes, and shares of Prime Associates, Inc., Clark, Pennsylvania; to become bank holding in comparing carrier rates to get the best New Jersey; and thereby indirectly companies by acquiring 100 percent of values for themselves. Consumers use engage in data processing activities, the voting shares of Prudential Savings this information to help them pursuant to section 225.28(b)(9)(i)(A)(1) Bank, Philadelphia, Pennsylvania. understand their telephone bills. of Regulation Y and management B. Federal Reserve Bank of Kansas Consumers need this information to consulting activities, pursuant to section City (Donna J. Ward, Assistant Vice protect them against fraud and to help 225.28(b)(14)(i) of Regulation Y. President) 925 Grand Avenue, Kansas resolve billing disputes if they wish. Board of Governors of the Federal Reserve City, Missouri 64198–0001: Federal Communications Commission. System, January 11, 2005. 1. BOK Financial Corporation, Tulsa, Oklahoma; to acquire, through its Robert deV. Frierson, Marlene H. Dortch, subsidiary BOKF Merger Corporation Secretary. Deputy Secretary of the Board. Number Eight, Tulsa, Oklahoma, 100 [FR Doc. 05–920 Filed 1–14–05; 8:45 am] [FR Doc. 05–872 Filed 1–14–05; 8:45 am] percent of the voting shares of Valley BILLING CODE 6712–01–P BILLING CODE 6210–01–S Commerce Bancorp, Ltd., parent of

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Valley Commerce Bank, both in Dated: January 16, 2005. DEPARTMENT OF HEALTH AND Phoenix, Arizona. Immediately Anna P. Snouffer, HUMAN SERVICES thereafter, BOKF Merger Corporation Acting Director, Office of Federal Advisory Number Eight, Tulsa, Oklahoma, will Committee Policy. National Institutes of Health merge into Valley Commerce Bancorp, [FR Doc. 05–881 Filed 1–14–05; 8:45 am] Ltd., Phoenix, Arizona. National Cancer Institute; Notice of BILLING CODE 4010–01–M Closed Meeting Board of Governors of the Federal Reserve System, January 11, 2005. Pursuant to section 10(d) of the Robert deV. Frierson, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Deputy Secretary of the Board. HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice [FR Doc. 05–873 Filed 1–14–05; 8:45 am] is hereby given of the following meeting. BILLING CODE 6210–01–S National Institutes of Health The meeting will be closed to the National Cancer Institute; Notice of public in accordance with the Closed Meeting provisions set forth in sections DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6, title 5 U.S.C., HUMAN SERVICES Pursuant to section 10(d) of the as amended. The contract proposals and Federal Advisory Committee Act, as the discussions could disclose National Institutes of Health; National amended (5 U.S.C. appendix 2), notice confidential trade secrets or commercial Cancer Institute is hereby given of the following property such as patentable material, meeting. and personal information concerning Notice of Closed Meeting individuals associated with the contract The meeting will be closed to the proposals, the disclosure of which Pursuant to section 10(d) of the public in accordance with the would constitute a clearly unwarranted Federal Advisory Committee Act, as provisions set forth in sections invasion of personal privacy. amended (5 U.S.C. appendix 2), notice 552b(c)(4) and 552b(c)(6), title 5 U.S.C., is hereby given of the following as amended. The grant applications and Name of Committee: National Cancer meeting. Institute Special Emphasis Panel, Antibody the discussions could disclose Array for Cancer Detection. The meeting will be closed to the confidential trade secrets or commercial Date: March 3, 2005. public in accordance with the property such as patentable material, Time: 1 p.m. to 3:30 p.m. provisions set forth in sections and personal information concerning Agenda: To review and evaluate contract 552b(c)(4) and 552b(c)(6), title 5 U.S.C., individuals associated with the grant proposals. Place: EPN, 6130 Executive Blvd., as amended. The grant applications and applications, the disclosure of which the discussions could disclose Rockville, MD 20852 (Telephone Conference would constitute a clearly unwarranted confidential trade secrets or commercial Call). invasion of personal privacy. property such as patentable material, Contact Person: Timothy C. Meeker, MD, Scientific Review Administrator, Special Name of Committee: National Cancer and personal information concerning Referral and Resources Branch, Division of individuals associated with the grant Institute Special Emphasis Panel Targeted Extramural Activities, National Cancer applications, the disclosure of which Therapy II. Institute, 6116 Executive Boulevard, Room would constitute a clearly unwarranted Date: February 15, 2005. 8088, Rockville, MD 20852; (301) 594–1279. invasion of personal privacy. Time: 8 a.m. to 5 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Name of Committee: National Cancer Program Nos. 93.392, Cancer Construction; applications. Institute Special Emphasis Panel 93.393, Cancer Cause and Prevention Experimental Therapeutics 1. Place: Holiday Inn Select Bethesda, 8120 Research; 93.394, Cancer Detection and Date: January 31, 2005. Wisconsin Ave, Bethesda, MD 20814. Diagnosis Research; 93.395, Cancer Time: 8 a.m. to 3 p.m. Contact Person: Virginia P. Wray, PhD, Treatment Research; 93.396, Cancer Biology Agenda: To review and evaluate grant Deputy Chief, Research Program Review Research; 93.397, Cancer Centers Support; applications. Branch, Research Programs Review Branch, 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, Place: Courtyard Seattle Downtown/Lake Division of Extramural Activities, National HHS) Union, 925 Westlake Avenue North, Seattle, Cancer Institute, 6116 Executive Blvd., Room WA 98109. 8125, Bethesda, MD 20892–8328, 301–496– Dated: January 11, 2005. Contact Person: William D. Merritt, PhD, 9236, [email protected]. LaVerne Y. Stringfield, Scientific Review Administrator, Grants (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Review Branch, National Cancer Institute, Committee Policy. National Institutes of Health, 6116 Executive Program Nos. 93.392, Cancer Construction; Boulevard, Room 8034, MSC 8328, Bethesda, 93.393, Cancer Cause and Prevention [FR Doc. 05–946 Filed 1–14–05; 8:45 am] MD 20881–8238, 301–496–9767. Research; 93.394, Cancer Detection and BILLING CODE 4140–01–M This notice is being published less than 15 Diagnosis Research; 93.395, Cancer days prior to the meeting due to the timing Treatment Research; 93.396, Cancer Biology limitations imposed by the review and Research; 93.397, Cancer Centers Support; DEPARTMENT OF HEALTH AND funding cycle. 93.398, Cancer Research Manpower; 93.399, HUMAN SERVICES (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, Program Nos. 93.392, Cancer Construction, HHS) National Institutes of Health 93.393, Cancer Cause and Prevention Research, 93,394, Cancer Detection and Dated: January 10, 2005. National Center for Research Diagnosis Research, 93.395, Cancer Anna P. Snouffer, Resources; Notice of Meeting Treatment Research, 93.396, Cancer Biology Acting Director, Office of Federal Advisory Pursuant to section 10(d) of the Research, 93.397, Cancer Centers Support, Committee Policy. 93.398, Cancer Research Manpower, 93.399, Federal Advisory Committee Act, as Cancer Control, National Institutes of Health, [FR Doc. 05–882 Filed 1–14–05; 8:45 am] amended (5 U.S.C. Appendix 2), notice HHS) BILLING CODE 4140–01–M is hereby give of the following meeting.

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The meeting will be open to the The meetings will be closed to the is hereby given of the following public as indicated below, with public in accordance with the meetings. attendance limited to space available. provisions set forth in sections The meetings will be closed to the Individuals who plan to attend and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the need special assistance, such as sign as amended. The grant applications and provisions set forth in sections language interpretation or other the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., reasonable accommodations, should confidential trade secrets or commercial as amended. The grant applications and notify the Contact Person listed below property such as patentable material, the discussions could disclose in advance of the meeting. and personal information concerning confidential trade secrets or commercial The meeting will be closed to the individuals associated with the grant property such as patentable material, public in accordance with the applications, the disclosure of which and personal information concerning provisions set forth in sections would constitute a clearly unwarranted individuals associated with the grant 552b(c)(4) and 552b(c)(6), title 5 U.S.C., invasion of personal privacy. applications, the disclosure of which as amended. The grant applications and Name of Committee: National Center for would constitute a clearly unwarranted the discussions could disclose Research Resources Special Emphasis Panel; invasion of personal privacy. confidential trade secrets or commercial Functional BIRN. Name of Committee: National Heart, Lung, property such as patentable material, Date: January 28, 2005. and Blood Institute Special Emphasis Panel and personal information concerning Time: 8 a.m. to adjournment. Review of Program Project Applications individuals associated with the grant Agenda: To review and evaluate grant (P01s). application, the disclosure of which applications. Date: February 23, 2005. would constitute a clearly unwarranted Place: Bethesda Marriott Suites, 6711 Time: 1:30 p.m. to 4 p.m. invasion of personal privacy. Democracy Boulevard, Bethesda, MD 20817. Agenda: To review and evaluate grant Contact Person: Linda C. Duffy, PhD, applications. Name of Committee: National Center for Scientific Review Administrator, Office of Place: National Institutes of Health, 6701 Research Resources Initial Review Group, Review, National Center for Research Rockledge Drive, Bethesda, MD 20892, Clinical Research Review Committee, RIRG– Resources, National Institutes of Health, 6701 (Telephone Conference Call). G. Democracy Blvd, Room 1082, Bethesda, MD Contact Person: Judy S. Hannah, PhD, Date: February 9–10, 2005. 20892, (301) 435–0810, [email protected]. Scientific Review Administrator, Review Open: February 9, 2005 8 a.m. to 9 a.m. This notice is being published less than 15 Branch, Division of Extramural Affairs, Agenda: To discuss program planning and days prior to the meeting due to the timing National Heart, Lung, and Blood Institute, other issues. limitations imposed by the review and National Institutes of Health, 6701 Rockledge Place: Double Tree Hotel, 1750 Rockville funding cycle. Drive, Room 7190, Bethesda, MD 20892, 301/ Pike, Rockville, MD 20852. 435–0287. Closed: February 9, 2005, 9 a.m. to Name of Committee: National Center for Name of Committee: National Heart, Lung, adjournment. Research Resources Special Emphasis Panel. and Blood Institute Special Emphasis Panel Agenda: To review and evaluate grant Date: February 10–11, 2005. Review Research Program Project (P01) applications. Time: February 10, 2005, 8 a.m. to Applications. Place: Double Tree Hotel, 1750 Rockville adjournment. Date: March 1, 2005. Pike, Rockville, MD 20852. Agenda: To review and evaluate grant Time: 9 a.m. to 1 p.m. Contact Person: Mohan Viswanathan, PhD, applications. Agenda: To review and evaluate grant Deputy Director, National Center for Place: Double Tree Hotel, 1750 Rockville applications. Research Resources, OR, National Institutes Pike, Rockville, MD 20852. Place: The Watergate Hotel, 2650 Virginia of Health, 6701 Democracy Blvd., Room Contact Person: Linda C. Duffy, PhD, 1084, MSC 4874, 1 Democracy Plaza, Scientific Review Administrator, Office of Ave, NW., Washington, DC 20037. Bethesda, MD 20892–4874, 301–435–0829, Review, National Center for Research Contact Person: Irina Gordienko, Scientific [email protected]. Resources, National Institutes of Health, 6701 Review Administrator, Division of Extramural Activities, National Heart, Lung, (Catalogue of Federal Domestic Assistance Democracy Blvd, Room 1082, Bethesda, MD 20892, (301) 435–0810, [email protected]. and Blood Institute, National Institutes of Program Nos. 93.306, Comparative Medicine; Health, 6701 Rockledge Drive, Room 7180, (Catalogue of Federal Domestic Assistance 93.333, Clinical Research; 93.371, Biomedical MSC 7924, Bethesda, MD 20892, 301/435– Technology; 93.389, Research Infrastructure, Program Nos. 93.306, Comparative Medicine; 0270. 93.306, 93.333, National Institutes of Health, 93.333, Clinical Research; 93.371, Biomedical HHS) Technology; 93.389, Research Infrastructure, Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel Dated: January 11, 2005. 93.306, 93.333 National Institutes of Health, HHS.) Thalassemia Research Network. LaVerne Y. Stringfield, Date: March 2, 2005. Director, Office of Federal Advisory Dated: January 11, 2005. Time: 8 a.m. to 5 p.m. Committee Policy. LaVerne Y. Stringfield, Agenda: To review and evaluate grant applications. [FR Doc. 05–941 Filed 1–14–05; 8:45 am] Director, Office of Federal Advisory Committee Policy. Place: Sheraton Inner Harbor Hotel, 300 BILLING CODE 4140–01–M South Charles Street, Baltimore, MD 21201. [FR Doc. 05–942 Filed 1–14–05; 8:45 am] Contact Person: Patricia A. Haggerty, PhD, BILLING CODE 4140–01–M Scientific Review Administrator, National DEPARTMENT OF HEALTH AND Heart, Lung, and Blood Institute/NIH, HUMAN SERVICES Clinical Studies & Training Studies Rev. DEPARTMENT OF HEALTH AND Grp., Division of Extramural Affairs/Section National Institutes of Health HUMAN SERVICES Chief, 6701 Rockledge Drive, Room 7194, Bethesda, MD 20892, 301/435–0288. National Center for Research National Institutes of Health Name of Committee: National Heart, Lung, Resources; Notice of Closed Meetings and Blood Institute Special Emphasis Panel National Heart, Lung, and Blood Pursuant to section 10(d) of the Review of Research Projects (U01) Institute; Notice of Closed Meetings Cooperative Agreements. Federal Advisory Committee Act, as Date: March 17–18, 2005. amended (5 U.S.C. Appendix 2), notice Pursuant to section 10(d) of the Time: 8 a.m. to 5 p.m. is hereby given of the following Federal Advisory Committee Act, as Agenda: To review and evaluate grant meetings. amended (5 U.S.C. Appendix 2), notice applications.

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Place: Sheraton Columbia Hotel, 10207 Sleep Disorders Research; 93.937, Heart and DEPARTMENT OF HEALTH AND Wincopin Circle, Columbia, MD 21044. Vascular Diseases Research; 93.838, Lung HUMAN SERVICES Contact Person: Katherine M. Malinda, Diseases Research; 93.839, Blood Diseases PhD, Scientific Review Administrator, and Resources Research, National Institutes National Institutes of Health Review Branch, Division of Extramural of Health, HHS) Affairs, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Dated: January 11, 2005. National Institute of Allergy and Infectious Diseases; Notice of Closed Rockledge Drive, Room 7198, Bethesda, MD LaVerne Y. Stringfield, 20892, 301/435–0297. Meeting Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.233, National Center for Pursuant to section 10(d) of the Sleep Disorders Research; 93.837, Heart and [FR Doc. 05–948 Filed 1–14–05; 8:45 am] Federal Advisory Committee Act, as Vascular Diseases Research; 93.838, Lung BILLING CODE 4140–01–M amended (5 U.S.C. appendix 2), notice Diseases Research; 93.839, Blood Diseases is hereby given of a meeting of the and Resources Research, National Institutes Board of Scientific Counselors, NIAID. of Health, HHS) DEPARTMENT OF HEALTH AND Dated: January 11, 2005. HUMAN SERVICES The meeting will be closed to the LaVerne Y. Stringfield, public as indicated below in accordance with the provisions set forth in section Director, Office of Federal Advisory National Institutes of Health Committee Policy. 552b(c)(6), title 5 U.S.C., as amended for National Human Genome Research [FR Doc. 05–945 Filed 1–14–05; 8:45 am] the review, discussion, and evaluation Institute; Notice of Closed Meeting of individual intramural programs and BILLING CODE 4140–01–M projects conducted by the National Pursuant to section 10(d) of the Institute of Allergy and Infectious DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Diseases, including consideration of HUMAN SERVICES amended (5 U.S.C. appendix 2), notice personal qualifications and is hereby given of the following performance, and the competence of National Institutes of Health meeting. individual investigators, the disclosure of which would constitute a clearly National Heart, Lung, and Blood The meeting will be closed to the unwarranted invasion of personal Institute; Notice of Closed Meeting public in accordance with the provisions set forth in sections privacy. Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Name of Committee: Board of Scientific Federal Advisory Committee Act, as as amended. The grant applications and Counselors, NIAID, Vaccine Research Center, amended (5 U.S.C. Appendix 2), notice the discussions could disclose Board of Scientific Counselors. is hereby given of the following confidential trade secrets or commercial Date: February 7–8, 2005. meeting. property such as patentable material, Time: February 7, 2005, 1 p.m. to 6 p.m. The meeting will be closed to the and personal information concerning Agenda: To review and evaluate personal public in accordance with the individuals associated with the grant qualifications and performance, and provisions set forth in sections applications, the disclosure of which competence of individual investigators. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted Place: National Institutes of Health, as amended. The grant applications and invasion of personal privacy. Building 40, 40 Convent Drive, Bethesda, MD the discussions could disclose 20892. confidential trade secrets or commercial Name of Committee: National Human Time: February 8, 2005, 9 a.m. to 2:30 p.m. property such as patentable material, Genome Research Institute Initial Review Agenda: To review and evaluate personal Group Genome Research Review Committee. and personal information concerning qualifications and performance, and Date: March 8, 2005. individuals associated with the grant competence of individual investigators. Time: 11:30 a.m. to 5 p.m. applications, the disclosure of which Place: National Institutes of Health, Agenda: To review and evaluate grant would constitute a clearly unwarranted Building 40, 40 Convent Drive, Bethesda, MD applications. invasion of personal privacy. 20892. Place: National Institutes of Health, 5635 Name of Committee: Center for Scientific Contact Person: Gary J. Nabel, MD, PhD, Fishers Lane, Bethesda, MD 20892, Review Special Emphasis Panel, Review of Investigator, Vaccine Research Center, (Telephone Conference Call). Research Project (RO1) Applications. NIAID/NIH, 40 Convent Drive, Bldg 40, Contact Person: Ken D. Nakamura, PhD, Date: January 25, 2005. Room 4502, Bethesda, MD 20892, 401–496– Scientific Review Administrator, Office of Time: 1 p.m. to 3 p.m. 1852, [email protected]. Agenda: To review and evaluate grant Scientific Review, National Human Genome applications. Research Institute, National Institutes of (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6701 Health, Bethesda, MD 20892, 301–402–0838. Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Rockledge Drive, Bethesda, MD 20892, (Catalogue of Federal Domestic Assistance (Telephone Conference Call). Microbiology and Infectious Diseases Program Nos. 93.172, Human Genome Contact Person: William J. Johnson, PhD, Research, National Institutes of Health, HHS) Review Branch, Division of Extramural Research, National Institutes of Health, HHS) Affairs, National Heart, Lung and Blood Dated: January 10, 2005. Dated: January 10, 2005. Institute, National Institutes of Health, 6701 Anna P. Snouffer, Rockledge Drive, Room 7184, MSC 7924, Anna P. Snouffer, Acting Director, Office of Federal Advisory Bethesda, MD 20892, 301/435–0275. Acting Director, Office of Federal Advisory Committee Policy. This notice is being published less than 15 Committee Policy. days prior to the meeting due to the timing [FR Doc. 05–879 Filed 1–14–05; 8:45 am] [FR Doc. 05–878 Filed 1–14–05; 8:45 am] limitations imposed by the review and BILLING CODE 4140–01–M funding cycle. BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for

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DEPARTMENT OF HEALTH AND Contact Person: Peter J. Sheridan, PhD, Bethesda, MD 20892–9606, 301–443–7861, HUMAN SERVICES Scientific Review Administrator, Division of [email protected]. Extramural Activities, National Institutes of (Catalogue of Federal Domestic Assistance National Institutes of Health Mental Health, NIH, Neuroscience Center, Program Nos. 93.242, Mental Health Research 6001 Executive Blvd., Room 6142, MSC 9606, Grants; 93.281, Scientist Development National Institute of Mental Health; Bethesda, MD 20892–9606, (301) 443–1513, Award, Scientists Development Award for Notice of Closed Meetings [email protected]. Clinicians, and Research Scientist Award; Name of Committee: National Institute of 93.282, Mental Health National Research Pursuant to section 10(d) of the Mental Health Special Emphasis Panel Service Awards for Research Training, Federal Advisory Committee Act, as National Cooperative Drug Discovery Groups National Institutes of Health, HHS) amended (5 U.S.C. appendix 2), notice for the Treatment of Mood Disorders or Nicotine Addiction (NCDDG–MD/NA) I. Dated: January 10, 2005. is hereby given of the following Anna P. Snouffer, meetings. Date: February 18, 2005. The meetings will be closed to the Time: 12 p.m. to 2:30 p.m. Acting Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. public in accordance with the applications. [FR Doc. 05–880 Filed 1–14–05; 8:45 am] provisions set forth in sections Place: National Institutes of Health, BILLING CODE 4140–01–M 552b(c)(4), and 552b(c)(6), title 5 U.S.C., Neuroscience Center, 6001 Executive as amended. The grant applications and Boulevard, Rockville, MD 20852 (Telephone the discussions could disclose Conference Call). DEPARTMENT OF HEALTH AND confidential trade secrets or commercial Contact Person: Peter J. Sheridan, PhD, HUMAN SERVICES property such as patentable material, Scientific Review Administrator, Division of Extramural Activities, National Institute of and personal information concerning National Institutes of Health individuals associated with the grant Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6142, MSC 9606, applications, the disclosure of which Bethesda, MD 20892–9606, 301–443–1513, National Institute of Allergy and would constitute a clearly unwarranted [email protected]. Infectious Diseases; Notice of Closed invasion of personal privacy. Name of Committee: National Institute of Meeting Name of Committee: National Institute of Mental Health Special Emphasis Panel Mental Health Special Emphasis Panel Child Interventions and Services Centers—Adult. Pursuant to section 10(d) of the Interventions Panel. Date: February 24–25, 2005. Federal Advisory Committee Act, as Date: February 8–9, 2005. Time: 8:30 a.m. to 5 p.m. amended (5 U.S.C. appendix 2), notice Time: 9 a.m. to 5 p.m. Agenda: To review and evaluate grant is hereby given of the following Agenda: To review and evaluate grant applications. meeting. applications. Place: Radisson Plaza Lord Baltimore The meeting will be closed to the Place: Hilton Alexandria Marks Center, Hotel, 20 West Baltimore Hotel, Baltimore, 5000 Seminary Road, Alexandria, VA 22311. MD 21201. public in accordance with the Contact Person: Christopher S. Sarampote, Contact Person: Mary E. Farmer, MD, MPH, provisions set forth in sections PhD, Scientific Review Administrator, Scientific Review Administrator, 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Division of Extramural Activities, National Neuroscience Center, 6001 Executive as amended. The grant applications and Institutes of Mental Health, NIH, Boulevard, Room 7191, Bethesda, MD 20892– the discussions could disclose Neuroscience Center, 6001 Executive Blvd., 9643, 301–443–9869, [email protected]. confidential trade secrets or commercial Room 6148, MSC 9608, Bethesda, MD 20892– Name of Committee: National Institute of property such as patentable material, 9608, (301) 443–1959, Mental Health Special Emphasis Panel Conte and personal information concerning [email protected]. Centers for Depression and Circadian individuals associated with the grant Name of Committee: National Institute of Rhythm. applications, the disclosure of which Mental Health Special Emphasis Panel ITV Date: February 24–25, 2005. would constitute a clearly unwarranted Related Conflicts. Time: 9 a.m. to 5 p.m. Date: February 8, 2005. Agenda: To review and evaluate grant invasion of personal privacy. Time: 4:40 p.m. to 5 p.m. applications. Name of Committee: National Institute of Agenda: To review and evaluate grant Place: Summerfield Suites Hotel, 200 Allergy and Infectious Diseases Special applications. Skidmore Blvd., Gaithersburg, MD 20877. Emphasis Panel Innate Immunity. Place: Hyatt Regency Bethesda, One Contact Person: A. Roger Little, PhD, Date: February 2, 2005. Bethesda Metro Center, 7400 Wisconsin Scientific Review Administrator, Division of Time: 1 p.m. to 4 p.m. Avenue, Bethesda, MD 20814. Extramural Activities, National Institute of Agenda: To review and evaluate grant Contact Person: David I. Sommers, PhD, Mental Health, NIH, Neuroscience Center, applications. Scientific Review Administrator, Division of 6001 Executive Blvd., Room 6157, MSC 9608, Place: National Institutes of Health, Extramural Activities, National Institutes of Bethesda, MD 20892–9608, 301–402–5844, Rockledge 6700, 6700B Rockledge Drive, Mental Health, NIH, Neuroscience Center, [email protected]. Bethesda, MD 20817, (Telephone Conference 6001 Executive Blvd., Room 6144, MSC 9608, Name of Committee: National Institute of Call). Bethesda, MD 20892–9608, (301) 443–7861, Mental Health Special Emphasis Panel Contact Person: Hagit S. David, PhD, [email protected]. Lithium and Suicide Study. Scientific Review Administrator, Scientific Name of Committee: National Institute of Date: March 1, 2005. Review Program, Division of Extramural Mental Health Special Emphasis Panel Time: 11:30 a.m. to 2 p.m. Activities, NIAID, NIH, Room 2155, 6700–B National Cooperative Drug Discovery Groups Agenda: To review and evaluate grant Rockledge Drive, MSC 7610, Bethesda, MD for the Treatment of Mood Disorders or applications. 20892–7610, (301) 402–4596. Nicotine Addiction (NCDDG–MD/NA) II. Place: National Institutes of Health, This notice is being published less than 15 Date: February 11, 2005. Neuroscience Center, 6001 Executive days prior to the meeting due to the timing Time: 12 p.m. to 2:30 p.m. Boulevard, Rockville, MD 20852, (Telephone limitations imposed by the review and Agenda: To review and evaluate grant Conference Call). funding cycle. applications. Contact Person: David I. Sommers, PhD, (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Scientific Review Administrator, Division of Program Nos. 83.855, Allergy, Immunology, Neuroscience Center, 6001 Executive Extramural Activities, National Institute of and Transplantation Research; 93.856, Boulevard, Rockville, MD 20852 (Telephone Mental Health, NIH, Neuroscience Center, Microbiology and Infectious Diseases Conference Call). 6001 Executive Blvd., Room 6144, MSC 9606, Research, National Institutes of Health, HHS)

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Dated: January 10, 2005. DEPARTMENT OF HEALTH AND Closed: January 24, 2005, 4:20 p.m. to 5:15 Anna P. Snouffer, HUMAN SERVICES p.m. Agenda: To review and evaluate personal Acting Director, Office of Federal Advisory National Institutes of Health qualifications and performance, and Committee Policy. competence of individual investigators. [FR Doc. 05–883 Filed 1–14–05; 8:45 am] National Institute of Neurological Place: National Institutes of Health, Neuroscience Center, 6001 Executive BILLING CODE 4140–01–M Disorders and Stroke; Notice of Boulevard, Rockville, MD 20852. Meeting Closed: January 24, 2005, 6:30 p.m. to 9:30 p.m. DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Federal Advisory Committee Act, as Agenda: To review and evaluate personal HUMAN SERVICES qualifications and performance, and amended (5U.S.C. Appendix 2), notice competence of individual investigators. National Institutes of Health; National is hereby given of a meeting of the Place: Hyatt Regency Bethesda, One Institutes of Child Health and Human Board of Scientific Counselors, National Bethesda Metro Center, 7400 Wisconsin Development Institute of Neurological Disorders and Avenue, Bethesda, MD 20814. Stroke. Closed: January 24, 2005, 8:30 a.m. to 11:30 Notice of Closed Meeting The meeting will be open to the a.m. public as indicated below, with Agenda: To review and evaluate personal qualifications and performance, and Pursuant to section 10(d) of the attendance limited to space available. Individuals who plan to attend and competence of individual investigators. Federal Advisory Committee Act, as Place: Hyatt Regency Bethesda, One amended (5 U.S.C. appendix 2), notice need special assistance, such as sign Bethesda Metro Center, 7400 Wisconsin is hereby given of the following language interpretation or other Avenue, Bethesda, MD 20814. meeting. reasonable accommodations, should Contact Person: Story C. Landis, PhD, notify the Contact Person listed below Director, Division of Intramural Research, The meeting will be closed to the in advance of the meeting. NINDS, National Institutes of Health, public in accordance with the The meeting will be closed to the Building 36, Room 5A05, Bethesda, MD provisions set forth in sections public as indicated below in accordance 20892, (301) 435–2232. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., with the provisions set forth in section This notice is being published less than 15 as amended. The grant applications and 552b(c)(6), title 5 U.S.C., as amended for days prior to the meeting due to the urgent the review, discussion, and evaluation need to meet timing limitations imposed by the discussions could disclose the intramural research review cycle. confidential trade secrets or commercial of individual intramural programs and projects conducted by the National (Catalogue of Federal Domestic Assistance property such as patentable material, Program Nos. 93.853, Clinical Research and personal information concerning Institute of Neurological Disorders and Related to Neurological Disorders; 93.854, individuals associated with the grant Stroke, including consideration of Biological Basis Research in the applications, the disclosure of which personnel qualifications and Neurosciences, National Institutes of Health, would constitute a clearly unwarranted performance, and the competence of HHS) invasion of personal privacy. individual investigators, the disclosure Dated: January 11, 2005. of which would constitute a clearly LaVerne Y. Stringfield, Name of Committee: National Institute of unwarranted invasion of personal Director, Office of Federal Advisory Child Health and Human Development Initial privacy. Review Group Pediatrics Subcommittee Committee Policy. Name of Committee: Board of Scientific Date: January 23–24, 2005. [FR Doc. 05–950 Filed 1–14–05; 8:45 am] Counselors, National Institute of BILLING CODE 4140–01–M Time: 9 a.m. to 5 p.m. Neurological Disorders and Stroke. Agenda: To review and evaluate grant Date: January 23–25, 2005. applications. Closed: January 23, 2005, 7 p.m. to 10 p.m. Place: Holiday Inn Select Bethesda, 8120 Agenda: To review and evaluate personal DEPARTMENT OF HEALTH AND Wisconsin Ave., Bethesda, MD 20814. qualifications and performance, and HUMAN SERVICES Contact Person: Rita Anand, PhD, competence of individual investigators. Scientific Review Administrator, Division of Place: Hyatt Regency Bethesda, One National Institutes of Health Scientific Review, National Institute of Child Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. National Library of Medicine; Notice of Health and Human Development, NIH, 9000 Open: January 24, 2005, 8:30 a.m. to 11:05 Closed Meeting Rockville Pike, MSC 7510, 6100 Building, a.m. Room 5801, Bethesda, MD 20892, (301) 496– Agenda: To discuss program planning and Pursuant to section 10(d) of the 1487, [email protected]. program accomplishments. Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, amended (5 U.S.C. Appendix 2), notice Program Nos. 93.864, Population Research; Neuroscience Center, 6001 Executive is hereby given of the following 93.885, Research for Mothers and Children; Boulevard, Rockville, MD 20852. meeting. Closed: January 24, 2005, 11:05 a.m. to 93.929, Center for Medical Rehabilitation The meeting will be closed to the 12:45 p.m. public in accordance with the Research; 93.209, Contraception and Agenda: To review and evaluate personal Infertility Loan Repayment Program, National qualifications and performance, and provisions set forth in sections Institutes of Health, HHS) competence of individual investigators. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and Dated: January 16, 2005. Place: National Institutes of Health, Neuroscience Center, 6001 Executive the discussions could disclose Anna P. Snouffer, Boulevard, Rockville, MD 20852. confidential trade secrets or commercial Acting Director, Office of Federal Advisory Open: January 24, 2005, 12:45 p.m. to 4:20 property such as patentable material, Committee Policy. p.m. and personal information concerning [FR Doc. 05–884 Filed 1–14–05; 8:45 am] Agenda: To discuss program planning and program accomplishments. individuals associated with the grant BILLING CODE 4140–01–M Place: National Institutes of Health, applications, the disclosure of which Neuroscience Center, 6001 Executive would constitute a clearly unwarranted Boulevard, Rockville, MD 20852. invasion of personal privacy.

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Name of Committee: National Library of provisions set forth in sections Place: Bethesda Marriott, 5151 Pooks Hill Medicine Special Emphasis Panel; IADL/ 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Road, Bethesda, MD 20814. Information Systems. as amended. The grant applications and Contact Person: Dharam S. Dhindsa, DVM, Date: February 11, 2005. the discussions could disclose Phd, Scientific Review Administrator, Center Time: 8 a.m. to 3 p.m. for Scientific Review, National Institutes of Agenda: To review and evaluate grant confidential trade secrets or commercial Health, 6701 Rockledge Drive, Room 5110, applications. property such as patentable material, MSC 7854, Bethesda, MD 20892, (301) 435– Place: Embassy Suites at the Chevy Chase and personal information concerning 1174, [email protected]. Pavilion, 4300 Military Road, NW., individuals associated with the grant Name of Committee: Endocrinology, Washington, DC 20015. applications, the disclosure of which Metabolism, Nutrition and Reproductive Contact Person: Hua-Chuan Sim, MD, would constitute a clearly unwarranted Sciences Integrated Review Group, Molecular Scientific Review Administrator, National invasion of personal privacy. and Cellular Endocrinology Study Section. Library of Medicine, Extramural Programs, Date: February 14–15, 2005. 6705 Rockledge Drive, Suite 301, Bethesda, Name of Committee: Center for Scientific Time: 8 a.m. to 5 p.m. MD 20892. Review Special Emphasis Panel, Agenda: To review and evaluate grant Development and Therapeutic Biology of (Catalogue of Federal Domestic Assistance applications. Oral Sciences. Program Nos. 93.879, Medical Library Place: Holiday Inn Select Bethesda, 8120 Date: January 19, 2005. Assistance, National Institutes of Health, Wisconsin Ave, Bethesda, MD 20814. Time: 12:30 p.m. to 2 p.m. HHS) Contact Person: Syed M. Amir, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Center for Dated: January 11, 2005. applications. Scientific Review, National Institutes of LaVerne Y. Stringfield, Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 6172, Director, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892, MSC 7892, Bethesda, MD 20892, (301) 435– Committee Policy. (Telephone Conference Call). 1043, [email protected]. Contact Person: Daniel F. McDonald, PhD, [FR Doc. 05–944 Filed 1–14–05; 8:45 am] Name of Committee: Brain Disorders and Chief, Renal and Urological Sciences IRG, BILLING CODE 4140–01–M Clinical Neuroscience Integrated Review Center for Scientific Review, National Group, Clinical Neuroscience and Disease Institutes of Health, 6701 Rockledge Drive, Study Section. Room 4214, MSC 7814, Bethesda, MD 20892, DEPARTMENT OF HEALTH AND Date: February 14–15, 2005. (301) 435–1215, [email protected]. Time: 8:30 a.m. to 5 p.m. HUMAN SERVICES This notice is being published less than 15 Agenda: To review and evaluate grant days prior to the meeting due to the timing applications. National Institutes of Health limitations imposed by the review and Place: Embassy Suites at the Chevy Chase funding cycle. Pavilion, 4300 Military Road, NW., Center for Scientific Review; Amended Name of Committee: Biobehavioral and Washington, DC 20015. Notice of Meeting Behavioral Processes Integrated Review Contact Person: Rene Etcheberrigaray, MD, Notice is hereby given of a change in Group, Motor Function, Speech and Scientific Review Administrator, Center for Scientific Review, National Institutes of the meeting of the Center for Scientific Rehabilitation Study Section. Date: February 14–15, 2005. Health, 6701 Rockledge Drive, Room 5196, Review Special Emphasis Panel, January Time: 8 a.m. to 1 p.m. MSC 7846, Bethesda, MD 20892, (301) 435– 3, 2005, 1 p.m. to January 3, 2005, 5 Agenda: To review and evaluate grant 1246, [email protected]. p.m., National Institutes of Health, 6701 applications. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Place: One Washington Circle Hotel, One Review Special Emphasis Panel, ZRG1 SBIB– which was published in the Federal Washington Circle, Washington, DC 20037. L (10)B: Small Business Bioelectromagnetics. Register on January 3, 2005, 70 FR 99– Contact Person: Weijia Ni, PhD., Scientific Date: February 14, 2005. 100. Review Administrator, Center for Scientific Time: 2 p.m. to 3:30 p.m. The meeting will be held January 28, Review, National Institutes of Health, 6701 Agenda: To review and evaluate grant 2005. The meeting time and location Rockledge Drive, Room 3190, MSC 7848, (for applications. remain the same. The meeting is closed overnight mail use room # and 20817 zip), Place: Catamaran Resort Hotel, 3999 to the public. Bethesda, MD 20892, (301) 435–1507, Mission Boulevard, San Diego, CA 92109. [email protected]. Contact Person: Lee Rosen, PhD, Scientific Dated: January 11, 2005. Name of Committee: Oncological Sciences Review Administrator, Center for Scientific LaVerne Y. Stringfield, Integrated Review Group, Cancer Etiology Review, National Institutes of Health, 6701 Director, Office of Federal Advisory Study Section. Rockledge Drive, Room 5116, MSC 7854, Committee Policy. Date: February 14–16, 2005. Bethesda, MD 20892, (301) 435–1171, [email protected]. [FR Doc. 05–943 Filed 1–14–05; 8:45 am] Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Name of Committee: Center for Scientific BILLING CODE 4140–01–M applications. Review Special Emphasis Panel, ZRG1 SBIB Place: Holiday Inn Select Bethesda, 8120 L (90)S: Electromagnetic Basic Science. Wisconsin Ave, Bethesda, MD 20814. Date: February 14, 2005. DEPARTMENT OF HEALTH AND Contact Person: Victor A. Fung, PhD, Time: 3:30 p.m. to 6 p.m. HUMAN SERVICES Scientific Review Administrator, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. National Institutes of Health Health, 6701 Rockledge Drive, Room 6178, Place: Catamaran Resort Hotel, 3999 MSC 7804, Bethesda, MD 20892, (301) 435– Mission Boulevard, San Diego, CA 92109. Center for Scientific Review; Notice of 3504, [email protected]. Contact Person: Lee Rosen, PhD, Scientific Closed Meetings Name of Committee: Surgical Sciences, Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Pursuant to section 10(d) of the Biomedical Imaging and Bioengineering Integrated Review Group, Bioengineering, Rockledge Drive, Room 5116, MSC 7854, Federal Advisory Committee Act, as Technology and Surgical Sciences Study Bethesda, MD 20892, (301) 435–1171, amended (5 U.S.C. Appendix 2), notice Section. [email protected]. is hereby given of the following Date: February 14–15, 2005. Name of Committee: Center for Scientific meetings. Time: 8 a.m. to 4 p.m. Review Special Emphasis Panel, Clinical The meetings will be closed to the Agenda: To review and evaluate grant Neuroscience Disease SRA Conflict. public in accordance with the applications. Date: February 14, 2005.

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Time: 12 p.m. to 2 p.m. MSC 7818, Bethesda, MD 20892, (301) 594– Dated: January 11, 2005. Agenda: To review and evaluate grant 1321, [email protected]. LaVerne Y. Stringfield, applications. Name of Committee: Biological Chemistry Director, Office of Federal Advisory Place: Embassy Suites at the Chevy Chase and Macromolecular Biophysics Integrated Committee Policy. Pavilion, 4300 Military Road, NW., Review Group, Synthetic and Biological [FR Doc. 05–949 Filed 1–14–05; 8:45 am] Washington, DC 20015. Chemistry A Study Section. Contact Person: David M. Armstrong, PhD, Date: February 16–17, 2005. BILLING CODE 4140–01–M Scientific Review Administrator, Center for Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5194, applications. DEPARTMENT OF HEALTH AND MSC 7846, Bethesda, MD 20892, (301) 435– Place: Holiday Inn Select Bethesda, 8120 HUMAN SERVICES 1253, [email protected]. Wisconsin Ave., Bethesda, MD 20814. Name of Committee: Center for Scientific Contact Person: Robert Lees, PhD, National Institutes of Health Review Special Emphasis Panel, Speech Scientific Review Administrator, Center for Movement Disorder Physiology. Scientific Review, National Institutes of Center for Scientific Review; Notice of Date: February 15, 2005. Health, 6701 Rockledge Drive, Room 4182, Closed Meetings Time: 1 p.m. to 3 p.m. MSC 7806, Bethesda, MD 20892, (301) 435– Pursuant to section 10(d) of the Agenda: To review and evaluate grant 2684, [email protected]. Federal Advisory Committee Act, as applications. Name of Committee: Surgical Sciences, Place: One Washington Circle Hotel, One amended (5 U.S.C. Appendix 2), notice Biomedical Imaging and Bioengineering is hereby given of the following Washington Circle, Washington, DC 20037. Integrated Review Group, Surgery, Contact Person: Weijia Ni, PhD, Scientific Anesthesiology and Trauma Study Section. meetings. Review Administrator, Center for Scientific Date: February 16–17, 2005. The meetings will be closed to the Review, National Institutes of Health, 6701 Time: 1 p.m. to 2 p.m. public in accordance with the Rockledge Drive, Room 3190, MSC 7848, (for Agenda: To review and evaluate grant provisions set forth in sections overnight mail use room # and 20817 zip), applications. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Bethesda, MD 20892, (301) 453–1507, Place: Holiday Inn Georgetown, 2101 as amended. The grant applications and [email protected]. Wisconsin Avenue, NW., Washington, DC the discussions could disclose Name of Committee: Center for Scientific 20007. confidential trade secrets or commercial Review Special Emphasis Panel, ZRG1 CDP Contact Person: Gerald L. Becker, MD, property such as patentable material, 01 Q: Chemo/Dietary Prevention Study Scientific Review Administrator, Center for Section. and personal information concerning Scientific Review, National Institutes of individuals associated with the grant Date: February 16–18, 2005. Health, 6701 Rockledge Drive, Room 5114, Time: 8 a.m. to 5 p.m. MSC 7854, Bethesda, MD 20892, (301) 435– applications, the disclosure of which Agenda: To review and evaluate grant 1170, [email protected]. would constitute a clearly unwarranted applications. Name of Committee: Oncological Sciences invasion of personal privacy. Place: Holiday Day Inn Select Bethesda, Integrated Review Group, Cancer Biomarkers Name of Committee: Integrative, 8120 Wisconsin Avenue, Bethesda, MD Study Section. Functional and Cognitive Neuroscience 20814. Date: February 16–18, 2005. Integrated Review Group, Neurobiology of Contact Person: Sally A. Mulher, PhD, Time: 6:30 p.m. to 5 p.m. Motivated Behavior Study Section. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Date: February 3–4, 2005. Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 6198, applications. Place: Latham Hotel, 3000 M Street, NW., Agenda: To review and evaluate grant MSC 7804, Bethesda, MD 20892, (301) 435– applications. 5877, [email protected]. Washington, DC 20007. Contact Person: Mary Bell, PhD, Scientific Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific Review Administrator, Center for Scientific Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, Review, National Institutes of Health, 6701 Avenue, Bethesda, MD 20814. Mitochondria and Neutrodegeneration. Rockledge Drive, Room 6188, MSC 7804, Contact Person: Gamil C. Debbas, PhD, Date: February 16, 2005. Bethesda, MD 20892, (301) 435–8754, Scientific Review Administrator, Center for Scientific Review, National Institutes of Time: 8 a.m. to 6 p.m. [email protected]. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5170, applications. Name of Committee: Endocrinology, MSC 7844, Bethesda, MD 20892, (301) 435– Place: Renaissance Mayflower Hotel, 1127 Metabolism, Nutrition and Reproductive 1018, [email protected]. Connecticut Avenue, NW., Washington, DC Sciences Integrated Review Group, Cellular Name of Committee: Cell Biology 20036. Aspects of Diabetes and Obesity Study Integrated Review Group, Membrane Biology Contact Person: Toby Behar, PhD, Section. and Protein Processing. Scientific Review Administrator, Center for Date: February 16–18, 2005. Date: February 3–4, 2005. Scientific Review, National Institutes of Time: 7:30 p.m. to 5 p.m. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4136, Agenda: To review and evaluate grant Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 435– applications. applications. 4433, [email protected]. Place: Hyatt Regency Bethesda, One Place: The Watergate, 2650 Virginia Name of Committee: Respiratory Sciences Bethesda Metro Center, 7400 Wisconsin Avenue, NW., Washington, DC 20037. Integrated Review Group, Lung Injury, Avenue, Bethesda, MD 20814. Contact Person: Ramesh K, Nayak, PhD, Repair, and Remodeling Study Section. Contact Person: Ann A. Jerkins, PhD, Scientific Review Administrator, Center for Date: February 16–17, 2005. Scientific Review Administrator, Center for Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5146, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6154, MSC 7840, Bethesda, MD 20892, (301) 435– applications. MSC 7892, Bethesda, MD 20892, (301) 435– 1026, [email protected]. Place: Wyndham City Center Hotel, 1143 4514, [email protected]. Name of Committee: Center for Scientific New Hampshire Ave., NW., Washington, DC (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel, Program 20037. Program Nos. 93.306, Comparative Medicine; Project Evaluation. Contact Person: Ghenima Dirami, PhD, 93.333, Clinical Research, 93.306, 93.333, Date: February 4, 2005. Scientific Review Administrator, Center for 93.337, 93.393–93.396, 93.837–93.844, Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of 93.846–93.878, 93.892, 93.893, National Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 2159, Institute of Health, HHS) applications.

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Place: Hyatt Regency Bethesda, One Name of Committee: Biobehavioral and Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Behavioral Processes Integrated Review Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. Group, Biobehavioral Regulation, Learning Avenue, Bethesda, MD 20814. Contact Person: Nuria E. Assa-Munt, PhD, and Ethology Study Section. Contact Person: Michael Selmanoff, PhD, Scientific Review Administrator, Center for Date: February 7–8, 2005. Scientific Review Administrator, Center for Scientific Review, National Institutes of Time: 9 a.m. to 6 p.m. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3120, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3134, MSC 7806, Bethesda, MD 20892, (301) 435– applications. MSC 7844, Bethesda, MD 20892, (301) 435– 1323, [email protected]. Place: St. Gregory Hotel, 2033 M Street, 1119, [email protected]. Name of Committee: Renal and Urological NW, Washington, DC 20036. Name of Committee: Surgical Sciences, Studies Integrated Review Group, Cellular Contact Person: Luci Roberts, PhD, Biomedical Imaging and Bioengineering and Molecular Biology of the Kidney Study Scientific Review Administrator, Center for Integrated Review Group, Biomedical Section. Scientific Review, National Institutes of Imaging Technology Study Section. Date: February 7–8, 2005. Health, 6701 Rockledge Drive, Room 3188, Date: February 10–11, 2005. Time: 8 a.m. to 11 a.m. MSC 7848, Bethesda, MD 20892, (301) 435– Time: 8 a.m. to 4 p.m. Agenda: To review and evaluate grant 0692, [email protected]. Agenda: To review and evaluate grant applications. Name of Committee: Center for Scientific applications. Place: Holiday Inn Georgetown, 2101 Review Special Emphasis Panel, ZRG1 SBIB Place: Catamaran Resort Hotel, 3999 Wisconsin Avenue, NW., Washington, DC A 90S: Medical Bone Imaging. Mission Boulevard, San Diego, CA 92109. 20007. Date: February 7, 2005. Contact Person: Lee Rosen, PhD, Scientific Contact Person: Shirley Hilden, PhD, Time: 1 p.m. to 3 p.m. Review Administrator, Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review, National Institutes of Health, 6701 Scientific Review, National Institutes of applications. Rockledge Drive, Room 5116, MSC 7854, Health, 6701 Rockledge Drive, Room 4218, Place: National Institutes of Health, 6701 Bethesdsa, MD 20892, (301) 435–1171, MSC 7814, Bethesda, MD 20892, (301) 435– [email protected]. Rockledge Drive, Bethesda, MD 20892 1198, [email protected]. (Telephone Conference Call). Name of Committee: Surgical Sciences, Name of Committee: Biological Chemistry Contact Person: Eileen W. Bradley, DSC, Biomedical Imaging and Bioengineering and Macromolecular Biophysics Integrated Scientific Review Administrator, Center for Integrated Review Group, Medical Imaging Review Group, Macromolecular Structure Scientific Review, National Institutes of Study Section. and Function A Study Section. Health, 6701 Rockledge Drive, Room 5120, Date: February 10–11, 2005. Date: February 7–8, 2005. MSC 7854, Bethesda, MD 20892, (301) 435– Time: 8 a.m. to 6 p.m. Time: 8 a.m. to 5 p.m. 1179, [email protected]. Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. Name of Committee: Integrative, applications. Place: Catamaran Resort Hotel, 3999 Functional and Cognitive Neuroscience Place: The Watergate, 2650 Virginia Mission Boulevard, San Diego, CA 92109. Avenue, NW, Washington, DC 20037. Integrated Review Group, Central Visual Contact Person: Eileen W. Bradley, DSC, Contact Person: Janet Nelson, PhD, Processing Study Section. Scientific Review Administrator, Center for Scientific Review Administrator, center for Date: February 8–9, 2005. Scientific Review, National Institutes of Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 5120, Health, 6701 Rockledge Drive, Room 4168, Agenda: To review and evaluate grant MSC 7854, Bethesda, MD 20892, (301) 435– MSC 7806, Bethesda, MD 20892, (301) 435– applications. 1179, [email protected]. 1723, [email protected]. Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Name of Committee: Endocrinology, Name of Committee: Center for Scientific Avenue, Bethesda, MD 20814. Metabolism, Nutrition and Reproductive Review Special Emphasis Panel, Tissue Contact Person: Michael A. Steinmetz, Sciences Integrated Review Group, Engineering Bioengineering Research Integrative Physiology of Obesity and PhD, Scientific Review Administrator, Center Partnerships (PAR 04–023). Diabetes Study Section. for Scientific Review, National Institutes of Date: February 7, 2005. Date: February 10–11, 2005. Health, 6701 Rockledge Drive, Room 5172, Time: 8 a.m. to 5 p.m. Time: 8 a.m. to 5 p.m. MSC 7844, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Agenda: To review and evaluate grant 1247, [email protected]. applications. applications. Place: Hyatt Regency Bethesda, One Name of Committee: Integrative, Place: Holiday Inn Select Bethesda, 8120 Bethesda Metro Center, 7400 Wisconsin Functional and Cognitive Neuroscience Wisconsin Ave., Bethesda, MD 20814. Avenue, Bethesda, MD 20814. Integrated Review Group, Auditory System Contact Person: Reed A. Graves, Ph.D, Contact Person: Jean D. Sipe, PhD, Study Section. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Date: February 9–10, 2005. Scientific Review, National Institutes of Scientific Review, National Institutes of Time: 8 a.m. to 6 p.m. Health, 6701 Rockledge Drive, Room 6166, Health, 6701 Rockledge Drive, Room 4106, Agenda: To review and evaluate grant MSC 7892, Bethesda, MD 20892, (301) 402– MSC 7814, Bethesda, MD 20892, 301/435– applications. 6297, [email protected]. 1743, [email protected]. Place: Beacon Hotel and Corporate Name of Committee: Endocrinology, Name of Committee: Digestive Sciences Quarters, 1615 Rhode Island Avenue, NW, Metabolism, Nutrition and Reproductive Integrated Review Group, Hepatobiliary Washington, DC 20036. Sciences Integrated Review Group, Pathophysiology Study Section. Contact Person: Joseph Kimm, PhD, Integrative and Clinical Endocrinology and Date: February 7–8, 2005. Scientific Review Administrator, Center for Reproduction Study Section. Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Date: February 10–11, 2005. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5178, Time: 8 a.m. to 5 p.m. applications. MSC 7844, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One 1249, [email protected]. applications. Bethesda Metro Center, 7400 Wisconsin Name of Committee: Integrative, Place: Holiday Inn Select Bethesda, 8120 Avenue, Bethesda, MD 20814. Functional and Cognitive Neuroscience Wisconsin Ave., Bethesda, MD 20814. Contact Person: Rass M. Shayiq, PhD, Integrated Review Group, Biological Rhythms Contact Person: Abubakar A. Shaikh, DVM, Scientific Review Administrator, Center for and Sleep Study Section. Ph.D, Scientific Review Administrator, Scientific Review, National Institutes of Date: February 9, 2005. Center for Scientific Review, National Health, 6701 Rockledge Drive, Room 2182, Time: 9 a.m. to 5 p.m. Institutes of Health, 6701 Rockledge Drive, MSC 7818, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Room 6168, MSC 7892, Bethesda, MD 20892, 2359, [email protected]. applications. (301) 435–1042, [email protected].

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Name of Committee: Molecular, Cellular Center for Scientific Review, National Contact Person: Michael A. Lang, PhD, and Developmental Neuroscience Integrated Institutes of Health, 6701 Rockledge Drive, Scientific Review Administrator, Center for Review Group Synapses, Cytoskeleton and Room 4188, MSC 7808, Bethesda, MD 20892, Scientific Review, National Institutes of Trafficking Study Section. (301) 451–8008, [email protected]. Health, 6701 Rockledge Drive, Room 5210, Date: February 10–11, 2005. Name of Committee: Molecular, Cellular MSC 7850, Bethesda, MD 20892, (301) 435– Time: 8 a.m. to 5 p.m. and Developmental Neuroscience Integrated 1265, [email protected]. Agenda: To review and evaluate grant Review Group, Neurogenesis and Cell Fate Name of Committee: Integrative, applications. Study Section. Functional and Cognitive Neuroscience Place: Hilton Washington Embassy Row, Date: February 10–11, 2005. Integrated Review Group, 2015 Massachusetts Ave., NW., Washington, Time: 8:30 a.m. to 4 p.m. Neuroendocrinology, Neuroimmunology, and DC 20036. Agenda: To review and evaluate grant Behavior Study Section. Contact Person: Carl D. Banner, Ph.D, applications. Date: February 10–11, 2005. Scientific Review Administrator, Center for Place: Jury’s Doyle Hotel, 1500 New Time: 9 a.m. to 5 p.m. Scientific Review, National Institutes of Hampshire Avenue NW., Washington, DC Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4138, 20036. applications. MSC 7850, Bethesda, MD 20892, (301) 435– Contact Person: Lawrence Baizer, Ph.D., Place: Hyatt Regency Bethesda, One 1251, [email protected]. Scientific Review Administrator, Center for Bethesda Metro Center, 7400 Wisconsin Name of Committee: Infectious Diseases Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. and Microbiology Integrated Review Group, Health, 6701 Rockledge Drive, Room 4152, Contact Person: Michael Selmanoff, PhD, Pathogenic Eukaryotes Study Section. MSC 7850, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Date: February 10–11, 2005. 1257, [email protected]. Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Name of Committee: Cell Biology Health, 6701 Rockledge Drive, Room 3134, Agenda: To review and evaluate grant Integrated Review Group, Cell Structure and MSC 7844, Bethesda, MD 20892, (301) 435– applications. Function. 1119, [email protected]. Place: Holiday Inn Georgetown, 2101 Date: February 10–11, 2005. Name of Committee: Health of the Wisconsin Avenue, NW., Washington, DC Time: 8:30 a.m. to 5 p.m. Population Integrated Review Group, 20007. Agenda: To review and evaluate grant Community-Level Health Promotion Study Contact Person: Jean Hickman, Ph.D, applications. Section. Scientific Review Administrator, Center for Place: Melrose Hotel, 2430 Pennsylvania Date: February 10–11, 2005. Scientific Review, National Institutes of Ave., NW., Washington, DC 20037. Time: 9 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3194, Contact Person: Alexandra M. Ainsztein, Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, (301) 435– Ph.D., Scientific Review Administrator, applications. 1146, [email protected]. Center for Scientific Review, National Place: Radisson Barcello, 2121 P Street, Name of Committee: Genes, Genomes, and Institutes of Health, 6701 Rockledge Drive, NW., Washington, DC 20037. Genetics Integrated Review Group, Molecular Room 5144, MSC 7840, Bethesda, MD 20892, Contact Person: William N. Elwood, PhD, Genetics B Study Section. (301) 451–3848, [email protected]. Scientific Review Administrator, Center for Date: February 10–11, 2005. Name of Committee: Biology of Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Development and Aging Integrated Review Health, 6701 Rockledge Drive, Room 3162, Agenda: To review and evaluate grant Group, Development—1 Study Section. MSC 7770, Bethesda, MD 20892, (301) 435– applications. Date: February 10–11, 2005. 1503, [email protected]. Place: The River Inn, 924 25th Street, NW., Time: 8:30 a.m. to 5 p.m. Name of Committee: Biobehavioral and Washington, DC 20037. Agenda: To review and evaluate grant Behavioral Processes Integrated Review Contact Person: Richard A. Currie, Ph.D., applications. Group, Biobehavioral Mechanisms of Scientific Review Administrator, Center for Place: Latham Hotel, 3000 M Street, NW., Emotion, Stress and Health Study Section. Scientific Review, National Institutes of Washington, DC 20007. Date: February 10–11, 2005. Health, 6701 Rockledge Drive, Room 5128, Contact Person: Sherry L. Dupere, PhD, Time: 9 a.m. to 5 p.m. MSC 7840, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Agenda: To review and evaluate grant 1219, [email protected]. Scientific Review, National Institutes of applications. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5136, Place: Renaissance Mayflower Hotel, 1127 Review Special Emphasis Panel, Basic MSC 7843, Bethesda, MD 20892, (301) 435– Connecticut Avenue, NW., Washington, DC Mechanisms of Cancer Therapeutics. 1021, [email protected]. 20036. Date: February 10–11, 2005. Name of Committee: Center for Scientific Contact Person: Maribeth Champoux, Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Molecular, Ph.D., Scientific Review Administrator, Agenda: To review and evaluate grant Cellular and Developmental SBIR. Center for Scientific Review, National applications. Date: February 10–11, 2005. Institutes of Health, 6701 Rockledge Drive, Place: Hyatt Regency Bethesda, One Time: 8:30 a.m. to 5 p.m. Room 3146, MSC 7759, Bethesda, MD 20892, Bethesda Metro Center, 7400 Wisconsin Agenda: To review and evaluate grant (301) 594–3163, [email protected]. Avenue, Bethesda, MD 20814. applications. Name of Committee: Health of the Contact Person: Suzanne L. Forry- Place: Renaissance Long Beach, 111 East Population Integrated Review Group, Schaudies, Ph.D., Scientific Review Ocean Blvd., Long Beach, CA 90802. Community Influences on Health Behavior. Administrator, Center for Scientific Review, Contact Person: Michael A. Lang, PhD, Date: February 10–11, 2005. National Institutes of Health, 6701 Rockledge Scientific Review Administrator, Center for Time: 9 a.m. to 6 p.m. Drive, Room 6192, MSC 7804, Bethesda, MD Scientific Review, National Institutes of Agenda: To review and evaluate grant 20892, (301) 451–0131, [email protected]. Health, 6701 Rockledge Drive, Room 5210, applications. Name of Committee: Risk Prevention and MSC 7850, Bethesda, MD 20892, (301) 435– Place: Melrose Hotel, 2430 Pennsylvania Health Behavior Integrated Review Group, 1265, [email protected]. Ave., NW., Washington, DC 20037. Psychosocial Risk and Disease Prevention Name of Committee: Molecular, Cellular Contact Person: Ellen K. Schwartz, Ed.D., Study Section. and Developmental Neuroscience Integrated Scientific Review Administrator, Center for Date: February 10–11, 2005. Review Group, Biophysics of Synapses, Scientific Review, National Institutes of Time: 8:30 a.m. to 6 p.m. Channels, and Transporters Study Section. Health, 6701 Rockledge Drive, Room 3168, Agenda: To review and evaluate grant Date: February 10–11, 2005. MSC 7770, Bethesda, MD 20892, (301) 435– applications. Time: 8:30 a.m. to 5 p.m. 0681, [email protected]. Place: Hotel Monaco, 700 F Street, NW., Agenda: To review and evaluate grant Name of Committee: Center for Scientific Washington, DC 20004. applications. Review Special Emphasis Panel, ZRG1 SBIB Contact Person: Deborah L. Young-Hyman, Place: Renaissance Long Beach, 111 East J 50R: PAR–04–023: Bioengineering Research Ph.D., Scientific Review Administrator, Ocean Blvd., Long Beach, CA 90802. Partnerships.

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Date: February 11, 2005. personnel qualifications and National Flood Insurance Program’s Time: 1 p.m. to 5 p.m. performance, and the competence of (NFIP) FloodSmart, a multimedia Agenda: To review and evaluate grant individual investigators, the disclosure marketing campaign, aimed at applications. Place: Catamaran Resort Hotel, 3999 of which would constitute a clearly measuring homeowners’ awareness, Mission Boulevard, San Diego, CA 92109. unwarranted invasion of personal attitudes, and purchasing of flood Contact Person: Behrouz Shabestari, Ph.D., privacy. insurance. Scientific Review Administrator, Center for Name of Committee: The Board of SUPPLEMENTARY INFORMATION: FEMA Scientific Review, National Institutes of Scientific Counselors of the Warren Grant Health, 6701 Rockledge Drive, Room 5106, administers the NFIP created by Magnuson Clinical Center. Congress in 1968 (Pub. L. 90–488 as MSC 7854, Bethesda, MD 20892, (301) 435– Date: February 7–8, 2005. 2409, [email protected]. Time: 8:30 a.m. to 5 p.m. amended) in response to mounting Name of Committee: Center for Scientific Agenda: To review and evaluate personal losses due to floods. Unlike federal Review Special Emphasis Panel, ZRG1 SBIB qualifications and performance, and disaster assistance, the NFIP does not F 02M: Member Conflict: Biomedical Imaging competence of individual investigators. rely upon appropriated tax dollars to and Imaging Technology. Place: National Institutes of Health, pay claims and operating expenses, but Date: February 11, 2005. Building 10, 10 Center Drive, CRC, 4–2551, rather it self-supports through Time: 3 p.m. to 6 p.m. Bethesda, MD 20892. premiums collected from flood Agenda: To review and evaluate grant Contact Person: David K. Henderson, MD, applications. insurance policies. Communities Deputy Director for Clinical Care, Office of choosing to participate in the NFIP Place: Catamaran Resort Hotel, 3999 the Director, Clinical Center, National Mission Boulevard, San Diego, CA 92109. Institutes of Health, Building 10, Room 6– adopt and enforce floodplain Contact Person: Robert J. Nordstrom, Ph.D., 1480, Bethesda, MD 20892; 301/402–0244. management ordinances to reduce Scientific Review Administrator, Center for This notice is being published less than 15 future flood loses in exchange for Scientific Review, National Institutes of days prior to the meeting due to the timing federally-backed flood insurance made Health, 6701 Rockledge Drive, Room 5118, limitations imposed by the review and available to property owners in those MSC 7854, Bethesda, MD 20892, (301) 435– funding cycle. communities. Based on the correlation 1175, [email protected]. Dated: January 11, 2005. between public awareness and (Catalogue of Federal Domestic Assistance purchasing of flood insurance, the NFIP, Program Nos. 93.306, Comparative Medicine; LaVerne Y. Stringfield, 93.333, Clinical Research, 93.306, 93.333, Director, Office of Federal Advisory through the FloodSmart campaign, 93.337, 93.393–93.396, 93.837–93.844, Committee Policy. educates the public on the risks posed 93.846–93.878, 93.892, 93.893, National [FR Doc. 05–947 Filed 1–14–05; 8:45 am] by floods and the availability of flood Institutes of Health, HHS.) insurance to property owners in BILLING CODE 4140–01–M Dated: January 11, 2005. participating communities. LaVerne Y. Stringfield, Collection of Information Director, Office of Federal Advisory DEPARTMENT OF HOMELAND Title: Flood Awareness, Attitude and Committee Policy. SECURITY Usage Study. [FR Doc. 05–951 Filed 1–14–05; 8:45 am] Type of Information Collection: New BILLING CODE 4140–01–M Federal Emergency Management Agency collection. OMB Number: 1660–NEW7. DEPARTMENT OF HEALTH AND Agency Information Collection Abstract: The Flood Awareness, HUMAN SERVICES Activities: Proposed Collection; Attitude and Usage Survey is the Comment Request evaluative tool of the NFIP’s FloodSmart National Institutes of Health marketing campaign. The study assesses AGENCY: Federal Emergency Management Agency, Emergency the overall impact of the campaign Clinical Center; Notice of Closed elements (i.e. advertising recall, media Meeting Preparedness and Response Directorate, U.S. Department of Homeland Security. exposure, etc.) on property owners’ perceptions and flood insurance. Data Pursuant to section 10(d) of the ACTION: Notice and request for findings are combined with additional Federal Advisory Committee Act, as comments. amended (5 U.S.C. Appendix 2), notice program data to measure the sale and is hereby given of a meeting of The SUMMARY: The Federal Emergency retention of flood insurance policies in Board of Scientific Counselors of the Management Agency, as part of its meeting the program’s goal of a 5 Warren Grant Magnuson Clinical continuing effort to reduce paperwork percent net growth annually. Findings Center. and respondent burden, invites the will be used primarily to plan for the The meeting will be closed to the general public and other Federal subsequent 2005 campaign, and will be public as indicated below in accordance agencies to take this opportunity to combined with additional program with the provisions set forth in section comment on a proposed new metrics for further performance 552b(c)(6), title 5 U.S.C., as amended for information collection. In accordance evaluation. the review, discussion, and evaluation with the Paperwork Reduction Act of Affected Public: Individuals or of individual intramural programs and 1995 (44 U.S.C. 3506(c)(2)(A)), this households. projects conducted by the Clinical notice seeks comments concerning a Estimated Total Annual Burden Center, including consideration of study of the effectiveness of the Hours: 264 hours.

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ANNUAL BURDEN HOURS

Number of Frequency of Burden hours Annual Total annual Project/activity respondents responses per respondent responses burden hours (survey, form(s), focus group, etc.) (A) (B) (C) (A × B) (A × B × C)

Internet Panel Survey ...... 800 1 0.33 800 264

Total ...... 800 1 0.33 800 264

Estimated Cost: $4.50 per response for a total of $3,604 for all respondents combined.

ANNUAL COST TO RESPONDENTS

Annualized cost Average cost per all Median hour rate 1 response 2 respondents Program Burden hours ($) ($) ($)

Internet Panel Survey ...... 264 13.65 4.50 3,604.00

Grand total ...... 264 13.65 4.50 3,604.00 1 Median hour for all occupations per Bureau of Labor Statistics, 2003. 2 Based on 20 minutes (.33 hour) estimated response time.

Comments: Written comments are number (202) 646–3347 or e-mail section 1360 of the National Flood solicited to (a) Evaluate whether the address: FEMA-Information- Insurance Act of 1968 (42 U.S.C. 4101) proposed data collection is necessary for [email protected]. establishes and updates flood-risk zone the proper performance of the agency, Dated: January 11, 2005. data in floodplain areas. In the including whether the information shall Edward W. Kernan, identification of floodprone areas, we have practical utility; (b) evaluate the may consult with, receive information Branch Chief, Information Resources accuracy of the agency’s estimate of the Management Branch, Information from and enter into agreements or other burden of the proposed collection of Technology Services Division. arrangements with the head of any information, including the validity of [FR Doc. 05–871 Filed 1–14–05; 8:45 am] State, regional, or local agency in order the methodology and assumptions used; to identify these floodprone areas. BILLING CODE 9110–13–P (c) enhance the quality, utility, and We are implementing the Cooperating clarity of the information to be Technical Partners (CTP) program as collected; and (d) minimize the burden DEPARTMENT OF HOMELAND part of our Flood Map Modernization of the collection of information on those SECURITY Program. The plan document for our who are to respond, including through Map Modernization Program and the use of appropriate automated, Cooperating Technical Partners progress reports concerning the Program electronic, mechanical, or other Program are available at http://www.fema.gov/ technological collection techniques or fhm/dl_mpmod.shtm. The program other forms of information technology, AGENCY: Federal Emergency Management Agency (FEMA). formally recognizes and encourages the e.g., permitting electronic submission of contributions that our Flood Hazard responses. Comments should be ACTION: Notice of Cooperating Technical Mapping Partners (State agencies, received within 60 days of the date of Partners Flood Hazard Mapping regional agencies, tribal governments, this notice. Program. and communities) make in developing ADDRESSES: Interested persons should SUMMARY: FEMA gives notice of the timely and accurate flood hazard submit written comments to Muriel B. requirements for the Cooperating information. We strongly encourage Anderson, Chief, Records Management Technical Partners Program for Fiscal partner contributions to flood hazard Section, Information Resources Year (FY) 2005. data development, which are a key part Management Branch, Information of the program. Technology Services Division, Federal DATES: FEMA has an estimated $50 Establishing formal partnerships with Emergency Management Agency, million available nationwide for State, regional, and local organizations Emergency Preparedness and Response funding partner projects in FY 2005. to produce NFIP maps is beneficial for Directorate, Department of Homeland FOR FURTHER INFORMATION CONTACT: The the following reasons: Security, 500 C Street, SW., Room 316, FEMA Regional Cooperating Technical Washington, DC 20472. Partner (CTP) Coordinators for your • The data used for local permitting FOR FURTHER INFORMATION CONTACT: region. We list names, addresses, and and planning will also be the basis for Contact Carolyn Goss, Program Analyst, telephone numbers for the Regional CTP the NFIP map, facilitating more efficient Risk Management Marketing Section at Coordinators at the end of this Notice. floodplain management; (202) 646–3468 for additional SUPPLEMENTARY INFORMATION: • The CTP program provides the information. You may contact Ms. Background. FEMA administers the opportunity to interject a tailored, local Anderson for copies of the proposed National Flood Insurance Program focus into a national program; thus, collection of information at facsimile (NFIP) and, under the authority of where unique conditions may exist, we

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can take needed special approaches to Cooperative Agreement process in must meet the requirements of 44 CFR flood hazard identification; and accordance with 44 CFR part 13, part 13. Part 13 sets forth requirements • The partnership mechanism Uniform Administrative Requirements for proper grant administration and provides the opportunity to pool for Grants and Cooperative Agreements management including recordkeeping, resources and extend the productivity of to State and local Governments, which allowable costs, and the processes for limited public funds. we will allocate as part of our flood use of contractors. Under this program, the partners will study prioritization process. Upon (5) The CTP applicant must have in- enter into a general overall agreement publication of this notice, our Regional house staff capabilities in the that recognizes the fundamental Offices will mail Request for Federal appropriate technical area for the given importance of flood hazard Assistance (RFA) packages to potential activity. If the applicant contracts out a identification, flood insurance, and applicants. portion of the activities, the CTP floodplain management. Then, through Eligibility. Our Regional Offices will applicant must have in-house staff a collaborative process, the partners will select partners based on the following capability to monitor the contractor as identify the specific flood hazard criteria: well as review and approve the resulting mapping activities to be undertaken. If (1) The CTP applicant must be a products. For these purposes, this process results in CTP activities community participating in the NFIP ‘‘capability’’ means ‘‘demonstrated that we will support with FEMA funds, and be in good standing in the program experience in the performance, or the partners will enter into a as determined by FEMA, or be a State management of, similar activities.’’ Cooperative Agreement and define the or regional agency that serves (6) CTP applicants that use contactors roles and responsibilities for each Flood communities that participate in the to perform FEMA-funded activities must Map Project through agreements termed NFIP. ensure that those contractors meet the Mapping Activity Statements. The (2) The CTP applicant must have requirements of 44 CFR part 13. Within intent of any Cooperative Agreement existing processes or systems in place part 13, section 13.36 covers and accompanying funds that we award that support mapping or data collection procurement standards that must be is to supplement and not to supplant activities that contribute to flood hazard followed for any mapping-related ongoing mapping efforts by the identification. Non-federal funding must activities for which the CTP applicant community, regional agency, or State support these ongoing processes or wishes to contract with another party. agency. Further, we envision that this systems. Items in this part include contract collaborative process will maximize the (3) The CTP applicant must have the administration and record-keeping, extent, accuracy, and utility of flood capability and commitment to perform notification requirements, review studies to best meet local and Federal the mapping activities for which it is procedures, competition, methods of needs, while minimizing costs for all applying. We require a demonstration of procurement, and cost and pricing parties. this capability, which an applicant may analysis. If desired, our Regional Offices Additional guidance on the program demonstrate through (but not limited to) will provide assistance on developing is available at http://www.fema.gov/mit/ a Regional Office review of both selection criteria for contracted tasks. tsd/ctp_main.htm. previously prepared map products and All work must meet the standards and Availability of Fiscal Year 2005 the applicant’s existing processes or certification requirements described in Funds. We have set aside approximately systems for the production of map Subsections ‘‘Standards’’ and $50 million nationwide for use by all products that the applicant intends to ‘‘Certification’’ below. FEMA Regional Offices to fund CTP use for CTP activities. Activities. As stated previously, mapping activities in fiscal year 2005 (4) The CTP applicant that will Mapping Activity Statements will (October 1, 2004, through September 30, receive funds under a Cooperative define the roles and responsibilities of 2005). We base the selection of CTP Agreement must be able to perform the the all partners, including contractors to participants on floodplain mapping financial management activities the CTP applicant and FEMA, in the needs and capability to perform the required as part of the Cooperative production or maintenance of flood types of eligible activities that we Agreement (i.e., account for Federal hazard maps. FEMA support may identified for the CTP program. A funds, prepare required performance include technical assistance, data, and significant factor in the selection and financial reports). Our Regional funding. process will be the partner contribution Offices can assist the communities with (1) Funded Activities: In Fiscal Year to the project. We will provide funding these financial management activities, if 2005, the following mapping activities to eligible CTP applicants through the questions arise. FEMA-funded activities are eligible for funding:

Activity Partners Description

Refinement or Creation of Approximate Community Regional The Partner works with FEMA to perform analyses to refine Zone A bound- Zone A Boundaries. Agency State aries shown on the effective Flood Insurance Rate Map (FIRM) or create Agency new Zone A areas to be included on the FIRM. Emphasis is placed on auto- mated analysis and production techniques. Hydrologic and Hydraulic Analyses and Community The Partner develops digital engineering data and floodplain mapping using Floodplain Mapping. Regional Agency Geographic Information System (GIS)-based or traditional hydrologic and hy- State Agency draulic modeling. Coastal Flood Hazard Analyses and Community The Partner develops digital engineering data and floodplain mapping using Floodplain Mapping. Regional Agency GIS-based or traditional coastal flood hazard analysis methods. State Agency Digital Flood Insurance Rate Map Community The Partner digitizes information from the effective hardcopy FIRM and pre- (DFIRM) Preparation. Regional Agency pares a DFIRM that meets FEMA specifications. State Agency Redelineation of Detailed Floodplain Community The Partner redelineates the effective floodplain boundaries shown on the Boundaries Using Updated Topo- Regional Agency FIRM using more up-to-date topographic data. GIS technology is used, graphic Data. State Agency where available.

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Activity Partners Description

Digital Topographic Data Development Community The Partner develops digital topographic data for flood hazard identification Regional Agency purposes. State Agency Scoping up to 10% ...... Community Up to 10% of the total estimated funding may be provided to do an extensive Regional Agency project scope that leads to the development of the Mapping Activity State- State Agency ment.

(2) Other Activities: While we will provide technical assistance, support, provide no funding to CTPs for the and data to the CTP: following mapping activities, we may

Activity Partners Description

Digital Base Map Inventory ...... Regional Agency The Partner performs an investigation and provides an inventory of base maps State Agency meeting FEMA specifications for NFIP communities in a particular region or State. Digital Base Map Data Sharing ...... Community The Partner supplies base map data for use in producing a DFIRM. The base Regional Agency map must comply with FEMA minimum accuracy requirements and be dis- State Agency tributable by FEMA to the public in hardcopy and electronic formats. DFIRM Maintenance Community ...... Community The Partner assumes responsibility for long-term, periodic maintenance of the Regional Agency DFIRM. This can include base map and/or flood hazard information. State Agency Hydrologic and Hydraulic Review ...... Community The Partner reviews hydrologic and hydraulic studies prepared for FEMA-fund- Regional Agency ed flood data updates and/or map revisions processed under Part 65 of the State Agency NFIP regulations. The review focuses on compliance with the technical and regulatory requirements contained in Guidelines and Specifications for Flood Hazard Mapping Partners, the pertinent NFIP regulations, as well as stand- ard accepted engineering practices. Assessment of Community Mapping Regional Agency The Partner performs a detailed community-by-community assessment of map- Needs (to support FEMA’s Mapping State Agency ping needs for every mapped (including flood data updates and map mainte- Needs Update Support System). nance) and unmapped NFIP community within its jurisdiction. The Partner then submits the results of the assessment to FEMA for inclusion in the Mapping Needs Update Support System database. Technical Standards Agreement ...... Community The Partner works with FEMA to adopt specific technical standards or proc- Regional Agency esses appropriate for local conditions for NFIP flood mapping purposes. State Agency

Standards. Unless otherwise (1) The continued maintenance Coordination Contractor during all indicated in specific Mapping Activity (funded/supported by the CTP) for phases of the mapping activity as Statements, all flood hazard existing and/or future processes or needed. identification activities will be systems in place to support mapping or We will evaluate the performance of accomplished according to the relevant data collection activities that contribute each CTP throughout the project and portions of 44 CFR parts 59 through 77, to flood hazard identification, e.g., upon completion of the period of as well as the technical standards continued data collection for changing performance for each Mapping Activity contained in the most recent version of flood hazards and related development, Statement. This evaluation will FEMA’s Guidelines and Specifications continued upgrades to data collection or determine the adequacy of the for Flood Mapping Partners, which are mapping capabilities to incorporate new performance by the CTP and the set out at http://www.fema.gov/mit/tsd/ technologies, preparation of multi-year eligibility for future Mapping Activity dl_cgs.htm. mapping or data collection plans, etc.; Statements to be initiated. Insufficient Certification. All data generated under (2) The demonstrated commitment by performance by the CTP may result in CTP Mapping Activity Statements must the CTP for existing and continued cancellation of FEMA funding at any meet the applicable certification support of flood hazard identification point during the period of performance requirements for the identification and and mapping activities conducted with for a Mapping Activity Statement. publication of flood hazard information and by FEMA; Cooperating Technical Partners in Flood Insurance Rate Map (FIRM) (3) Adherence to timeliness and Regional Contacts. form as indicated in 44 CFR 65, completeness of performance and The FEMA Regional Office contacts Identification and Mapping of Special financial report to the Regional Office; for the CTP programs are: Hazard Areas. For those States that have (4) Adherence to timeliness and • Region I (Connecticut, Maine, adopted more stringent mapping completeness of map products to the Massachusetts, New Hampshire, Rhode requirements that have been sanctioned Regional Office; Island, Vermont): Dean Savramis, 99 by FEMA, all Mapping Activity (5) Quality of product(s) submitted to High Street, 6th Floor, Boston, MA Statements must be reviewed, the Regional Office; and 02110, telephone: (978) 461–5323, e- coordinated with, and concurred upon (6) Ability to cooperate and mail: [email protected]. by the State and all map products must coordinate with the Regional Office, • Region II (New Jersey, New York, meet State certification requirements. FEMA Risk Identification Branch of the Puerto Rico, U.S. Virgin Islands): Paul Evaluation Criteria. Evaluation will be Mitigation Division in Washington, and/ Weberg, 26 Federal Plaza, Room 1337, based on the following criteria: or the FEMA Flood Map Production New York, NY 10278–0002, telephone:

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(212) 680–363, e-mail: (Northern California and Nevada), 1111 technical agency draft recovery plan for [email protected]. Broadway, Suite 1200, Oakland, CA six Mobile Basin aquatic snails. The six • Region III (Delaware, District of 94607, telephone: (510) 627–7183, e- snails included in the recovery plan are: Columbia, Maryland, Pennsylvania, mail: [email protected]. the endangered cylindrical lioplax Virginia, West Virginia): Nikki Roberts, Ray Lenaburg (Southern California, (Lioplax cyclostomaformis), flat One Independence Mall, 615 Chestnut Arizona, Hawaii, American Samoa, pebblesnail (Lepyriam showalteri), and Street, 6th Floor, Philadelphia, PA Guam, Marshall Islands and Northern plicate rocksnail (Leptoxis ampla); and 19106–4404, telephone: (215) 931–5575 Mariana Islands) 1111 Broadway, Suite the threatened painted rocksnail for Nikki Roberts, e-mail: 1200, Oakland, CA 94607, telephone: (Leptoxis taeniata), round rocksnail [email protected]. (510) 627–7181, e-mail: (Leptoxis ampla), and lacy elimia • Region IV (Alabama, Florida, [email protected]. (Elimia crenatella). All are endemic to Georgia, Kentucky, Mississippi, North • Region X (Alaska, Idaho, Oregon, the Mobile River Basin (Basin) where Carolina, South Carolina, Tennessee): Washington): Dave Carlton, Federal they inhabit shoals, rapids and riffles of Laura Algeo, 3003 Chamblee Tucker Regional Center, 130 228th Street SW., large streams and rivers above the Fall Road, Atlanta, GA 30341, telephone: Bothell, WA 98021–9796, telephone: Line. All six species have disappeared (770) 220–5515, e-mail: (425) 487–4703, e-mail: from more than 90 percent of their [email protected]. [email protected]. historic ranges as a result of • Region V (Illinois, Indiana, impoundment, channelization, mining, Michigan, Minnesota, Ohio, and Dated: January 10, 2005. David I. Maurstad, dredging, and pollution from point and Wisconsin): Ken Hinterlong, Team Lead, non-point sources. The technical agency 536 South Clark Street, 6th Floor, Acting Mitigation Division Director, Emergency Preparedness and Response draft recovery plan includes specific Chicago, IL 60605, telephone: (312) recovery objectives and criteria to be 408–5529, e-mail: Directorate. [FR Doc. 05–869 Filed 1–14–05; 8:45 am] met in order to reclassify (downlist) the [email protected]. cylindrical lioplax, flat pebblesnail, and BILLING CODE 6718–04–P Mary Jo Mullen (Indiana, Michigan, plicate rocksnail to threatened species and Ohio), 536 South Clark Street, 6th and for the eventual delisting of all six Floor, Chicago, IL 60605, telephone: species under the Endangered Species INTER-AMERICAN FOUNDATION (312) 408–5541, e-mail: Act of 1973, as amended (Act). We [email protected]. Sunshine Act Meeting; Draft Agenda solicit review and comment on this Lee Traeger (Illinois, Minnesota, and technical agency draft recovery plan Wisconsin) 536 South Clark Street, 6th for Board of Directors Meeting, January 21, 2005, 9 a.m.–12:30 p.m. from local, State, and Federal agencies, Floor, Chicago, IL 60605, telephone: and the public. (312) 408-5538 e-mail: The meeting will be held at the Office DATES: In order to be considered, we [email protected] • of Entergy Corporation, 101 Constitution must receive comments on the technical Region VI (Arkansas, Louisiana, Avenue, NW., Suite 200 East, New Mexico, Oklahoma, Texas): Gary agency draft recovery plan on or before Washington, DC 20001. March 21, 2005. Zimmerer (Arkansas and Louisiana), The meeting will be closed as Federal Regional Center, 800 North ADDRESSES: If you wish to review this provided in 22 CFR 1004.4(f) to discuss technical agency draft recovery plan, Loop 288, Room 206, Denton, TX matters related to the search for 76210–3698, telephone: (940) 898–5161, you may obtain a copy by contacting the candidates for the position of President Jackson, Mississippi Field Office, U.S. e-mail: [email protected]. of the Inter-American Foundation. Jim Orwat (New Mexico and Fish and Wildlife Service, 6578 Oklahoma), Federal Regional Center, 9 a.m. Call to order. Begin executive Dogwood View Parkway, Jackson, MS 800 North Loop 288, Room 206, Denton, session. 39213 (telephone (601) 965–4900), or by TX 76210–3698, telephone: (940) 898– 12 p.m. Break for lunch. visiting our recovery plan Web site at 5302, e-mail: [email protected]. 1:30 p.m. Continue executive session. http://endangered.fws.gov/recovery/ Jack Quarles (Texas), Federal Regional 4 p.m. Close. index.html#plans. If you wish to comment, you may submit your Center, 800 North Loop 288, Room 206, Jocelyn Nieva, comments by any one of several Denton, TX 76210–3698, telephone: Acting General Counsel. (940) 898–5156, e-mail: methods: [FR Doc. 05–1023 Filed 1–13–05; 12:10 pm] [email protected]. 1. You may submit written comments • Region VII (Iowa, Kansas, Missouri, BILLING CODE 7025–01–M and materials to the Field Supervisor, at Nebraska), Bob Franke, 2323 Grand the above address. Avenue, Suite 900, Kansas City, MO 2. You may hand-deliver written 64108–2670, telephone: (816) 283–7073, DEPARTMENT OF THE INTERIOR comments to our Jackson, Mississippi e-mail: [email protected]. Field Office, at the above address, or fax • Region VIII (Colorado, Montana, Fish and Wildlife Service your comments to (601) 965–4900. North Dakota, South Dakota, Utah, 3. You may send comments by e-mail Notice of Availability of a Technical to [email protected]. For Wyoming): John Liou or Marijo Camrud, Agency Draft Recovery Plan for Six Denver Federal Center, Bldg. 710, Box directions on how to submit electronic Mobile Basin Aquatic Snails for Review filing of comments, see the ‘‘Public 25267, Denver, CO 80225–0267, and Comment telephone: (303) 235–4836, telephone: Comments Solicited’’ section. (303) 235–4835, e-mail: AGENCY: Fish and Wildlife Service, Comments and materials received are [email protected], e-mail: Interior. available for public inspection on request, by appointment, during normal [email protected]. ACTION: Notice of document availability • business hours at the above address. Region IX (Arizona, California, and public comment period. Hawaii, Nevada, American Samoa, FOR FURTHER INFORMATION CONTACT: Paul Guam, Marshall Islands and Northern SUMMARY: We, the Fish and Wildlife Hartfield (Telephone 601–321–1125). Mariana Islands): Les Sakumoto Service, announce the availability of the SUPPLEMENTARY INFORMATION:

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Background Endangered and Threatened Wildlife acquire approximately 12.72 acres of and Plants (50 CFR part 17). land into trust for the Suquamish Tribe On October 28, 1998 (63 FR 57610), of Washington on April 21, 2004. This Public Comments Solicited we listed six aquatic snails, in the notice is published in the exercise of Mobile River Basin, as threatened We solicit written comments on the authority delegated by the Secretary of (painted rocksnail, round rocksnail, lacy recovery plan described. We will the Interior to the Principal Deputy elimina) or endangered (cylindrical consider all comments received by the Assistant Secretary—Indian Affairs by lioplax, flat pebblesnail, plicate date specified above prior to final 209 Departmental Manual 8.1. rocksnail) under the Act. These six approval of the draft recovery plan. FOR FURTHER INFORMATION CONTACT: snails are endemic to portions of the Please submit electronic comments as George Skibine, Office of Indian Gaming Mobile River Basin in central Alabama. an ASCII file format and avoid the use Management, Office of Policy— The cylindrical lioplax, flat pebblesnail, of special characters and encryption. Economic Development, MS–4606 MIB, and round rocksnail are found in the Please also include your name and 1849 C Street, NW., Washington, DC Cahaba River drainage; the lacy elimina return address in your e-mail message. 20240; Telephone (202) 219–4066. and painted rocksnail are in the Coosa If you do not receive a confirmation SUPPLEMENTARY INFORMATION: This River drainage; and the plicate rocksnail from the system that we have received is in the Black Warrior River drainage. notice is published to comply with the your e-mail message, contact us directly requirement of 25 CFR 151.12(b) that These snails require rock, boulder, or by calling our Mississippi Field Office cobble substrates and clean, unpolluted notice be given to the public of the (see ADDRESSES section). Secretary’s decision to acquire land in water and are found on shoals and Our practice is to make all comments, trust at least 30 days prior to signatory riffles of large streams and rivers. including names and home addresses of acceptance of the land into trust. The Impoundment and water quality respondents, available for public review purpose of the 30-day waiting period in degradation have eliminated the six during regular business hours. 25 CFR 151.12(b) is to afford interested snails from 90 percent or more of their Individual respondents may request that parties the opportunity to seek judicial historic habitat. Known populations are we withhold their home addresses from review of final administrative decisions restricted to small portions of stream the record, which we will honor to the to take land in trust for Indian tribes and drainages. These surviving populations extent allowable by law. In some individual Indians before transfer of are currently threatened by pollutants circumstances, we would withhold also title to the property occurs. On April 21, such as sediments and nutrients that from the rulemaking record a 2004, the Principal Deputy Assistant wash into streams from the land surface. respondent’s identity, as allowable by Secretary—Indian Affairs decided to law. If you wish for us to withhold your Restoring an endangered or accept approximately 12.72 acres of name and/or address, you must state threatened animal or plant to the point land into trust for the Suquamish Tribe this prominently at the beginning of where it is again a secure, self- of Washington under the authority of your comments. However, we will not sustaining member of its ecosystem is a the Indian Reorganization Act of 1934, consider anonymous comments. We primary goal of the endangered species 25 U.S.C. 465. On April 10, 2003, the will make all submissions from program. To help guide the recovery Regional Solicitor, Pacific Northwest organizations or businesses, and from effort, we are preparing recovery plans Region determined that the acquisition individuals identifying themselves as for most listed species. Recovery plans of this parcel in trust status for gaming representatives or officials of describe actions considered necessary is consistent with the Indian Gaming organizations or businesses, available for conservation of the species, establish Regulatory Act, 25 U.S.C. 2719 (a)(1), for public inspection in their entirety. criteria for downlisting or delisting, and because the parcel is located within the estimate time and cost for implementing Authority boundaries of the Suquamish recovery measures. Reservation as the reservation existed The Act requires the development of The authority for this action is section 4(f) of the Endangered Species Act, 16 on October 17, 1988. recovery plans for listed species, unless That portion of Government Lot 2, U.S.C. 1533 (f). such a plan would not promote the Section 29, Township 26 North, Range conservation of a particular species. Dated: December 15, 2004. 2 East, W.M., in Kitsap County, Section 4(f) of the Act requires us to Cynthia K. Dohner, Washington, described as follows: provide a public notice and an Acting Regional Director, Southeast Region. BEGINNING AT THE SOUTHWEST opportunity for public review and [FR Doc. 05–896 Filed 1–14–05; 8:45 am] CORNER OF SAID GOVERNMENT LOT 2 (A comment during recovery plan BILLING CODE 4310–55–P CONCRETE MONUMENT) WHICH BEARS development. We will consider all SOUTH 1°40′06″ WEST 1339.80 FEET FROM information presented during a public THE NORTHWEST CORNER OF SAID comment period prior to approval of DEPARTMENT OF THE INTERIOR GOVERNMENT LOT 2, BEING A CONCRETE each new or revised recovery plan. We MONUMENT AT THE NORTHEAST and other Federal agencies will take Bureau of Indian Affairs CORNER OF THE PLAT OF ‘‘AGATE WEST’’ these comments into account in the AS PER VOLUME 9 OF PLATS, PAGE 52; THENCE ALONG THE WEST LINE OF SAID course of implementing approved Land Acquisitions; Suquamish Tribe of ° ′ ″ Washington GOVERNMENT LOT 2, NORTH 1 40 06 recovery plans. EAST 272.88 FEET TO THE SOUTHERLY The objective of this technical agency AGENCY: Bureau of Indian Affairs, RIGHT-OF-WAY OF STATE HIGHWAY 305; draft plan is to provide a framework for Interior. THENCE ALONG SAID RIGHT-OF-WAY NORTH 61°57′40″ EAST 21.17 FEET TO THE the recovery of these six aquatic snails ACTION: Notice of Final Agency so that protection under the Act is no TRUE POINT OF BEGINNING; THENCE Determination to take land into trust CONTINUING ALONG SAID RIGHT-OF- longer necessary. As reclassification and under 25 CFR part 151. WAY THE FOLLOWING; NORTH 61°57′50″ recovery criteria are met, the status of EAST 275.79 FEET; THENCE SOUTH these species will be reviewed and they SUMMARY: The Principal Deputy 28°02′20″ EAST 25.00 FEET; THENCE will be considered for reclassification or Assistant Secretary—Indian Affairs NORTH 61°57′40″ EAST 231.00 FEET; removal from the Federal List of made a final agency determination to THENCE NORTHEASTERLY ALONG A 100

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FOOT OFFSET SPIRAL TO THE RIGHT SUMMARY: Notice is hereby given that a to determine whether there is a (CENTERLINE SPIRAL OF ‘‘A–1 2⁄3’’) complaint was filed with the U.S. violation of subsection (a)(1)(B) of THROUGH A RESULTANT OFFSET SPIRAL ° ′ ″ International Trade Commission on section 337 in the importation into the CHORD OF NORTH 6 55 50 EAST 258.35 December 16, 2004, under section 337 of United States, the sale for importation, FEET; THENCE NORTH 22°00′29″ WEST 25.00 FEET; THENCE NORTHEASTERLY the Tariff Act of 1930, as amended, 19 or the sale within the United States after ALONG A 75 FOOT OFFSET SPIRAL TO U.S.C. 1337, on behalf of FANUC importation of certain electric robots or THE RIGHT THROUGH A RESULTANT Robotics America, Inc. of Rochester component parts thereof by reason of OFFSET SPIRAL CHORD OF NORTH Hills, Michigan. A letter supplementing infringement of one or more of claims 73°55′00″ EAST 193.34 FEET; THENCE the complaint was filed on January 4, 1–24 of U.S. Patent No. 6,477,913, and EASTERLY ON A CURVE TO THE RIGHT, 2005. The complaint alleges violations whether an industry in the United THE CENTER OF WHICH BEARS SOUTH of section 337 in the importation into States exists as required by subsection ° ′ ″ 8 50 20 EAST 641.20 FEET, AN ARC the United States, the sale for (a)(2) of section 337. DISTANCE OF 249.31 FEET TO A POINT ON importation, and the sale within the (2) For the purpose of the THE WEST LINE OF THE EAST 150 FEET investigation so instituted, the following OF SAID GOVERNMENT LOT 2; THENCE United States after importation of LEAVING SAID RIGHT-OF-WAY AND certain electric robots and component are hereby named as parties upon which RUNNING ALONG THE WEST LINE OF THE parts thereof by reason of infringement this notice of investigation shall be EAST 150 FEET, SOUTH 3°09′51″ WEST of claims 1–24 of U.S. Patent No. served: 702.89 FEET TO THE SOUTH LINE OF SAID 6,477,913. The complaint further alleges (a) The complainant is— GOVERNMENT LOT 2; THENCE ALONG that an industry in the United States FANUC Robotics America, Inc., 3900 ° ′ ″ SAID SOUTH LINE NORTH 88 49 32 WEST exists as required by subsection (a)(2) of W. Hamlin Road, Rochester Hills, 372.75 FEET; THENCE LEAVING SAID section 337. Michigan 48309. SOUTH LINE NORTH 28°49′32″ WEST 46.19 ° ′ ″ The complainant requests that the (b) The respondents are the following FEET; THENCE NORTH 88 49 32 WEST Commission institute an investigation 292.00 FEET; THENCE SOUTH 32°40′28″ companies alleged to be in violation of WEST 46.91 FEET TO SAID SOUTH LINE and, after the investigation, issue a section 337, and are the parties upon OF GOVERNMENT LOT 2 BEING THE permanent exclusion order and which the complaint is to be served: NORTHWEST CORNER OF A TRACT OF permanent cease and desist orders. Behr Systems, Inc., 2469 Executive LAND CONVEYED TO EDWARD A. FEENEY ADDRESSES: The complaint and Hills Blvd., Auburn Hills, Michigan UNDER AUDITOR’S FILE NO. 1155684 supplement, except for any confidential ° ′ ″ 48326. WHICH BEARS SOUTH 88 49 32 EAST information contained therein, are Du¨ rr AG, Otto-Du¨ rr Strasse 8, 70435 390.77 FEET FROM THE SAID SOUTHWEST available for inspection during official Stuttgart, Germany. CORNER OF GOVERNMENT LOT 2; business hours (8:45 a.m. to 5:15 p.m.) THENCE ALONG SAID SOUTH LINE OF Motoman, Inc., 805 Liberty Lane, GOVERNMENT LOT 2, NORTH 8°49′32″ in the Office of the Secretary, U.S. West Carrollton, Ohio 45449. WEST 66.97 FEET; THENCE LEAVING SAID International Trade Commission, 500 E Yaskawa Electric Corporation, 2–1 SOUTH LINE NORTH 205′10″ EAST 75.00 Street, SW., Room 112, Washington, DC Kurosaki-Shiroishi, Yahatanishi-Ku, FEET; THENCE NORTH 88°49′32″ WEST 20436, telephone (202) 205–2000. Kitakyushu, Fukuoka, 806–0004, 151.02 FEET; THENCE NORTH 10°03′31″ Hearing impaired individuals are Japan. WEST 33.95; THENCE WESTERLY AND advised that information on this matter (c) Kevin Baer, Esq., Office of Unfair NORTHWESTERLY ALONG A CURVE TO can be obtained by contacting the THE RIGHT THE CENTER OF WHICH Import Investigations, U.S. International ° ′ ″ Commission’s TDD terminal on (202) Trade Commission, 500 E Street, SW., BEARS NORTH 10 03 31 WEST 125.00 205–1810. Persons with mobility FEET, AN ARC DISTANCE OF 118.51 FEET; Suite 401, Washington, DC 20436, who THENCE NORTH 45°44′15″ WEST 18.49 impairments who will need special shall be the Commission investigative FEET; THENCE NORTH 8°54′26″ WEST assistance in gaining access to the attorney, party to this investigation; and 133.02 FEET TO THE TRUE POINT OF Commission should contact the Office (3) For the investigation so instituted, BEGINNING; SITUATED IN THE COUNTY of the Secretary at (202) 205–2000. the Honorable Paul J. Luckern is OF KITSAP, STATE OF WASHINGTON. General information concerning the designated as the presiding Containing 12.72 acres, more or less. Commission may also be obtained by administrative law judge. accessing its Internet server at http:// Responses to the complaint and the Dated: January 11, 2005. www.usitc.gov. The public record for notice of investigation must be Michael D. Olsen, this investigation may be viewed on the submitted by the named respondents in Acting Principal Deputy Assistant Secretary— Commission’s electronic docket (EDIS) accordance with section 210.13 of the Indian Affairs. at http://edis.usitc.gov. Commission’s Rules of Practice and [FR Doc. 05–940 Filed 1–14–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: Procedure, 19 CFR 210.13. Pursuant to BILLING CODE 4310–4N–P Kevin Baer, Esq., Office of Unfair Import 19 CFR 201.16(d) and 210.13(a), such Investigations, U.S. International Trade responses will be considered by the Commission, telephone (202) 205–2221. Commission if received not later than 20 INTERNATIONAL TRADE Authority: The authority for institution of days after the date of service by the COMMISSION this investigation is contained in section 337 Commission of the complaint and the of the Tariff Act of 1930, as amended, and notice of investigation. Extensions of [Inv. No. 337–TA–530] in section 210.10 of the Commission’s Rules time for submitting responses to the of Practice and Procedure, 19 CFR 210.10 complaint and the notice of In the Matter of Certain Electric Robots (2004). investigation will not be granted unless and Component Parts Thereof; Notice Scope of Investigation: Having good cause therefor is shown. of Investigation considered the complaint, the U.S. Failure of a respondent to file a timely AGENCY: U.S. International Trade International Trade Commission, on response to each allegation in the Commission. January 10, 2005, ordered that— complaint and in this notice may be (1) Pursuant to subsection (b) of deemed to constitute a waiver of the ACTION: Institution of investigation section 337 of the Tariff Act of 1930, as right to appear and contest the pursuant to 19 U.S.C. 1337. amended, an investigation be instituted allegations of the complaint and this

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notice, and to authorize the General information concerning the determination and Commissioners’ administrative law judge and the Commission may also be obtained by opinions to the Secretary of Commerce Commission, without further notice to accessing its Internet server (http:// on or before February 8, 2005.) the respondent, to find the facts to be as www.usitc.gov). The public record for 5. Outstanding action jackets: alleged in the complaint and this notice these reviews may be viewed on the (1) Document No. GC–04–152: and to enter a final determination Commission’s electronic docket (EDIS) Concerning administrative matters. containing such findings, and may at http://edis.usitc.gov. (2) Document No. GC–04–173: result in the issuance of a limited SUPPLEMENTARY INFORMATION: On Concerning Inv. No. 337–TA–406 exclusion order or cease and desist January 4, 2005, the Commission (Certain Lens-Fitted Film order or both directed against the determined that it should proceed to Packages)(Enforcement Proceedings II). (3) Document No. GC–04–178: respondent. full reviews in the subject five-year Concerning administrative matters. reviews pursuant to section 751(c)(5) of By order of the Commission. In accordance with Commission the Act. The Commission found that Issued: January 11, 2005. policy, subject matter listed above, not both the domestic and Russian Marilyn R. Abbott, disposed of at the scheduled meeting, respondent interested party group Secretary to the Commission. may be carried over to the agenda of the responses to its notice of institution (69 [FR Doc. 05–905 Filed 1–14–05; 8:45 am] following meeting. FR 58957, October 1, 2004) were BILLING CODE 7020–02–P adequate but it found that the Ukrainian Issued: January 12, 2005. respondent interested party group By order of the Commission. INTERNATIONAL TRADE response was inadequate. However, the Marilyn R. Abbott, COMMISSION Commission determined to conduct a Secretary to the Commission. full review concerning subject imports [FR Doc. 05–1019 Filed 1–13–05; 12:10 pm] [Investigations Nos. 731–TA–340E and H from Ukraine to promote administrative BILLING CODE 7020–02–P (Second Review)] efficiency in light of its decision to Solid Urea From Russia and Ukraine conduct a full review with respect to solid urea from Russia. A record of the DEPARTMENT OF JUSTICE AGENCY: United States International Commissioners’ votes, the Trade Commission. Commission’s statement on adequacy, Bureau of Alcohol, Tobacco, Firearms ACTION: Notice of Commission and any individual Commissioner’s and Explosives determinations to conduct full five-year statements will be available from the reviews concerning the antidumping Office of the Secretary and at the Agency Information Collection duty orders on solid urea from Russia Commission’s Web site. Activities: Proposed Collection; Comments Requested and Ukraine. Authority: These reviews are being conducted under authority of title VII of the SUMMARY: The Commission hereby gives ACTION: 60-day notice of information Tariff Act of 1930; this notice is published notice that it will proceed with full pursuant to section 207.62 of the collection under review: certification on reviews pursuant to section 751(c)(5) of Commission’s rules. agency letterhead authorizing purchase the Tariff Act of 1930 (19 U.S.C. of firearm for official duties of law 1675(c)(5)) to determine whether By order of the Commission. enforcement officer. revocation of the antidumping duty Issued: January 12, 2005. orders on solid urea from Russia and Marilyn R. Abbott, The Department of Justice (DOJ), Ukraine would be likely to lead to Secretary to the Commission. Bureau of Alcohol, Tobacco, Firearms continuation or recurrence of material [FR Doc. 05–904 Filed 1–14–05; 8:45 am] and Explosives (ATF), has submitted the following information collection request injury within a reasonably foreseeable BILLING CODE 7020–02–P time. A schedule for the reviews will be to the Office of Management and Budget established and announced at a later (OMB) for review and approval in date. For further information concerning INTERNATIONAL TRADE accordance with the Paperwork the conduct of these reviews and rules COMMISSION Reduction Act of 1995. The proposed information collection is published to of general application, consult the [USITC SE–05–001] Commission’s Rules of Practice and obtain comments from the public and affected agencies. Comments are Procedure, part 201, subparts A through Sunshine Act Meeting E (19 CFR part 201), and part 207, encouraged and will be accepted for subparts A, D, E, and F (19 CFR part AGENCY HOLDING THE MEETING: ‘‘sixty days’’ until March 21, 2005. This 207). International Trade Commission. process is conducted in accordance with 5 CFR 1320.10. TIME AND DATE: January 26, 2005, at 2 EFFECTIVE DATE: January 4, 2005. If you have comments especially on p.m. FOR FURTHER INFORMATION CONTACT: the estimated public burden or Mary Messer (202) 205–3193, Office of PLACE: Room 101, 500 E Street, SW., associated response time, suggestions, Investigations, U.S. International Trade Washington, DC 20436, telephone: (202) or need a copy of the proposed Commission, 500 E Street SW., 205–2000. information collection instrument with Washington, DC 20436. Hearing- STATUS: Open to the public. instructions or additional information, impaired persons can obtain MATTERS TO BE CONSIDERED: please contact David Chipman, Chief, information on this matter by contacting 1. Agenda for future meetings: None. Firearms Enforcement Branch, Room the Commission’s TDD terminal on 2. Minutes. 7400, 650 Massachusetts Avenue, NW., (202) 205–1810. Persons with mobility 3. Ratification List. Washington, DC 20226. impairments who will need special 4. Inv. No. 731–TA–653 (Second Written comments and suggestions assistance in gaining access to the Review)(Sebacic Acid from China)— from the public and affected agencies Commission should contact the Office briefing and vote. (The Commission is concerning the proposed collection of of the Secretary at (202) 205–2000. currently scheduled to transmit its information are encouraged. Your

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comments should address one or more Clearance Officer, Policy and Planning Comments may also be sent of the following four points: Staff, Justice Management Division, electronically through http:// —Evaluate whether the proposed Department of Justice, Patrick Henry www.regulations.gov using the collection of information is necessary Building, Suite 1600, 601 D Street, NW., electronic comment form provided on for the proper performance of the Washington, DC 20530. that site. An electronic copy of this functions of the agency, including Dated: January 12, 2005. document is also available at the whether the information will have Brenda E. Dyer, http://www.regulations.gov Web site. DEA will accept attachments to practical utility; Department Clearance Officer, Department of —Evaluate the accuracy of the agencies Justice. electronic comments in Microsoft Word, WordPerfect, Adobe PDF, or Excel file estimate of the burden of the [FR Doc. 05–901 Filed 1–14–05; 8:45 am] formats only. DEA will not accept any proposed collection of information, BILLING CODE 4410–FY–P including the validity of the file format other than those specifically methodology and assumptions used; listed here. —Enhance the quality, utility, and DEPARTMENT OF JUSTICE FOR FURTHER INFORMATION CONTACT: clarity of the information to be Daniel Dormont, Senior Attorney, Drug collected; and Drug Enforcement Administration Enforcement Administration, —Minimize the burden of the collection Washington, DC 20537; telephone: (202) [Docket No. DEA–261N] of information on those who are to 307–8010. respond, including through the use of Solicitation of Comments on SUPPLEMENTARY INFORMATION: appropriate automated, electronic, Dispensing of Controlled Substances On November 16, 2004, DEA mechanical, or other technological for the Treatment of Pain published in the Federal Register an collection techniques or other forms Interim Policy Statement on the of information technology, e.g., AGENCY: Drug Enforcement dispensing of controlled substances for permitting electronic submission of Administration (DEA), Department of the treatment of pain. 69 FR 67170. The responses. Justice. Interim Policy Statement explained why Overview of This Information ACTION: Notice; solicitation of an earlier document, which appeared on Collection: comments. the DEA Office of Diversion Control (1) Type of Information Collection: Web site in August 2004, contained SUMMARY: On November 16, 2004, DEA Extension of a currently approved misstatements and was not approved as published in the Federal Register an collection. an official statement of the agency. The Interim Policy Statement on the (2) Title of the Form/Collection: Interim Policy Statement corrected some dispensing of controlled substances for Certification on Agency Letterhead of the misstatements in the August 2004 the treatment of pain. The Interim Authorizing Purchase of Firearm for document and announced that DEA Policy Statement stated that DEA would Official Duties of Law Enforcement would address, in greater detail, the address the subject in greater detail in Officer. subject of dispensing controlled a future Federal Register document, (3) Agency Form Number, if Any, and substances for the treatment of pain in taking into consideration the views of the Applicable Component of the a future Federal Register document, the medical community. DEA is hereby Department of Justice Sponsoring the taking into consideration the views of seeking comments from physicians and Collection: Form Number: None. Bureau the medical community. This upcoming other interested members of the public of Alcohol, Tobacco, Firearms and document will stay within the scope of as to what areas of the law relating to Explosives. DEA’s authority by addressing the law the dispensing of controlled substances (4) Affected Public Who Will be Asked the agency administers, the Controlled for the treatment of pain they would like or Required to Respond, as Well as a Substances Act (CSA), and the DEA DEA to address in the upcoming Brief Abstract: Primary: State, Local or regulations promulgated thereunder, as Federal Register document. Tribal Government. Other: None. The well as the pertinent court decisions. As letter is used by a law enforcement DATES: Written comments must be indicated in the Interim Policy officer to purchase handguns to be used postmarked, and electronic comments Statement, the document will contain a in his/her official duties from a licensed must be sent, on or before March 21, recitation of the relevant provisions of firearm dealer anywhere in the country. 2005. the CSA and DEA regulations relating to The letter shall state that the officer will ADDRESSES: To ensure proper handling the dispensing of controlled substances use the firearm in official duties and of comments, please reference ‘‘Docket for the treatment of pain. The purpose that a records check reveals that the No. DEA–261’’ on all written and of this recitation will be to provide purchasing officer has no convictions electronic correspondence. Written guidance and reassurance to the for misdemeanor crimes of domestic comments being sent via regular mail overwhelming majority of physicians violence. should be sent to the Deputy who engage in legitimate pain treatment (5) An Estimate of the Total Number Administrator, Drug Enforcement while deterring unlawful prescribing of Respondents and the Amount of Time Administration, Washington, DC 20537, and dispensing of pharmaceutical Estimated for an Average Respondent to Attention: DEA Federal Register controlled substances. Respond: It is estimated that 50,000 Representative/CCD. Written comments As was the case with the Interim respondents will take 5 seconds to file sent via express mail should be sent to Policy Statement, none of the principles the letter. DEA Headquarters, Attention: DEA addressed in the upcoming Federal (6) An Estimate of the Total Public Federal Register Representative/CCD, Register document will be new. Rather, Burden (in Hours) Associated With the 2401 Jefferson-Davis Highway, the document will reiterate legal Collection: There are an estimated 69 Alexandria, VA 22301. concepts that have been incorporated in annual total burden hours associated Comments may be directly sent to the federal laws and regulations for with this collection. DEA electronically by sending an many years and are reflected in federal If additional information is required electronic message to court decisions and DEA final contact: Brenda E. Dyer, Department [email protected]. administrative orders. DEA recognizes

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the desire of many physicians and scheduling priorities of the key NATIONAL SCIENCE FOUNDATION members of the public to have these participants. concepts reiterated in a single, Notice of the Availability of a Record P. Diane Rausch, comprehensive document. Toward that of Decision Following a Final end, DEA is hereby seeking the input of Advisory Committee Management Officer, Comprehensive Environmental National Aeronautics and Space Evaluation for Antarctic Activities physicians, pharmacists, and other Administration. interested members of the public. Any [FR Doc. 05–952 Filed 1–14–05; 8:45 am] AGENCY: National Science Foundation. person who so desires should indicate, ACTION: Notice of availability of a in writing, the areas of the law relating BILLING CODE 7510–13–P Record of Decision following a Final to controlled substances that they would Environmental Impact Statement/ like DEA to address in the upcoming NATIONAL AERONAUTICS AND Comprehensive Environmental document. DEA will consider all such SPACE ADMINSTRATION Evaluation (FEIS/FCEE) for activities comments submitted on or before March proposed to be undertaken in 21, 2005. [Notice (05–005)] Antarctica. Dated: January 11, 2005. NASA Solar System Exploration SUMMARY: The National Science Michele M. Leonhart, Strategic Roadmap Committee; Foundation gives notice of the Deputy Administrator. Meeting availability of a Final Environmental [FR Doc. 05–906 Filed 1–14–05; 8:45 am] AGENCY: National Aeronautics and Impact Statement/Comprehensive BILLING CODE 4410–09–P Space Administration (NASA). Environmental Evaluation (FEIS/FCEE) ACTION: Notice of meeting. for activities proposed to be undertaken in Antarctica. NATIONAL AERONAUTICS AND SUMMARY: In accordance with the The Office of Polar Programs (OPP) SPACE ADMINISTRATION Federal Advisory Committee Act, Public has decided to proceed with the [Notice 05–004] Law 92–463, as amended, the National construction and operation of a high- Aeronautics and Space Administration energy neutrino telescope to be located NASA Exploration Transportation announces a meeting of the NASA Solar at the Amundsen-Scott Station, South System Strategic Roadmap System Exploration Strategic Roadmap Pole, Antarctica. Given the United Committee; Meeting Committee. States Antarctic Program’s (USAP) mission to support polar research, the AGENCY: National Aeronautics and DATES: Thursday, February 3, 2005, 8 proposed action will result in a Space Administration (NASA). a.m. to 5 p.m., Friday, February 4, 2005, telescope that has been specifically ACTION: Notice of meeting. 8 a.m. to 5 p.m., Pacific Standard Time. designed to detect a wide diversity of ADDRESSES: NASA Ames Conference SUMMARY: In accordance with the high-energy neutrinos of astrophysical Center, Bldg 3, 500 Severyns Road, origin. In reaching this decision, the Federal Advisory Committee Act, Public Moffett Field, CA 94035–1000. Law 92–463, as amended, the National Director of the Office of Polar Programs FOR FURTHER INFORMATION CONTACT: Aeronautics and Space Administration Ms. has considered the potential announces a forthcoming meeting of the Rho Christensen at (650) 604–2476. environmental impacts addressed in the NASA Exploration Transportation SUPPLEMENTARY INFORMATION: The Project IceCube EIS/CEE. The Director System Strategic Roadmap Committee. meeting will be open to the public up has also considered input from Antarctic Treaty nations and the public DATES: Thursday, February 3, 2005, 8 to the seating capacity of the meeting pertaining to the EIS/CEE for Project a.m. to 6 p.m.; and Friday, February 4, room. Attendees will be requested to IceCube. 2005, 8 a.m. to 12 noon. sign a register. The agenda for the meeting is as Pursuant to 16 U.S.C. 2403a, the ADDRESSES: Sheraton Safari Hotel, follows: National Science Foundation has 12205 Apopka Vineland Road, Orlando, prepared this Record of Decision FL 32836. —Introductory remarks and team logistics. following the Final Environmental FOR FURTHER INFORMATION CONTACT: Dr. —Strategic Roadmap and Integration Impact Statement/Comprehensive Dana Gould, MS 149, National Overview. Environmental Evaluation for Project Aeronautics and Space Administration —Review of prior Solar System IceCube, Amundsen-Scott Station, Langley Research Center, Hampton, VA roadmaps and strategies: NRC survey South Pole, Antarctica. 23681–2199 (757) 864–7747. report, 2003 Strategic Roadmap, Solar ADDRESSES: Copies of the Record of SUPPLEMENTARY INFORMATION: The System Exploration White Paper. Decision are available upon request meeting will be open to the public up —Strategic Process: Pathways/Options/ from: Dr. Polly A. Penhale, National to the capacity of the room. Visitors to Decision Points/Interdependencies. Science Foundation, Office of Polar the meeting will be requested to sign a —Plan for completing the new Strategic Programs, 4201 Wilson Blvd., Suite 755, visitor’s register. Roadmap. Arlington, VA 22230. Telephone: (703) The agenda for the meeting includes 292–8033. the following topics: It is imperative that the meeting be held on this date to accommodate the SUPPLEMENTARY INFORMATION: A Notice —Background and Stage Setting for scheduling priorities of the key of Availability of the draft EIS/CEE was Exploration Transportation System participants. published in the Federal Register. Via a Strategic Roadmap. Web site link, the draft Project IceCube —Exploration Transportation Strategic P. Diane Rausch, EIS/CEE was made available for review Roadmap Framework Introduction. Advisory Committee Management Officer, to all interested parities including —Exploration Transportation Strategic National Aeronautics and Space Antarctic Treaty nations, international Roadmap Initial Development. Administration. and U.S. Federal agencies, research It is imperative that the meeting be [FR Doc. 05–953 Filed 1–14–05; 8:45 am] institutions, private organizations, and held on this date to accommodate the BILLING CODE 7510–13–P individuals. Comments were received

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and considered as described in Regulatory Improvement Programs, Mail effectiveness, ACRS subcommittee Appendix E of the environmental Stop O12–G13, U.S. Nuclear Regulatory structure, and other activities related to document and include comments from Commission, Washington, DC 20555. the conduct of ACRS business. It will the Australian Antarctic Division, Further, in accordance with 10 CFR also discuss issues related to power German Federal Environmental Agency, 50.82(b)(5), notice is also provided to uprates. Antarctica New Zealand, and Antarctic interested persons of the Commission’s Friday, January 28, 2005—8:30 a.m. Treaty Consultative Meeting (ATCM)/ intent to approve the plan by until the conclusion of business. Council on Environmental Protection amendment, subject to such conditions The Subcommittee will continue to (CEP). The National Science Foundation and limitations as it deems appropriate discuss ACRS business processes, has made the Final EIS/CEE for the and necessary, if the plan demonstrates anticipated workload, and other operation of a high-energy neutrino that decommissioning will be performed activities related to the conduct of ACRS telescope (Project IceCube) at the South in accordance with the regulations in business. It will also discuss certain Pole available on the Internet at: this chapter and will not be inimical to proactive committee initiatives. http://www.nsf.gov/od/opp/antarct/ the common defense and security or to The Subcommittee will gather treaty/cees/icecube/ the health and safety of the public. information, analyze relevant issues and icecube_final_cee.pdf. A copy of the application (Accession facts, and formulate proposed positions Number ML042740512) is available and actions, as appropriate, for Polly A. Penhale, electronically for public inspection in deliberation by the full Committee. Environmental Officer, Office of Polar the NRC Public Document Room or from Members of the public desiring to Programs, National Science Foundation. the Publicly Available Records provide oral statements and/or written [FR Doc. 05–917 Filed 1–14–05; 8:45 am] component of the NRC’s Agencywide comments should notify the Designated BILLING CODE 7555–01–M Documents Access and Management Federal Official, Dr. John T. Larkins System (ADAMS). ADAMS is accessible (telephone: (301) 415–7360) between from the NRC web site at (the Public 7:30 a.m. and 4:15 p.m. (ET) five days NUCLEAR REGULATORY Electronic Reading Room) http:// prior to the meeting, if possible, so that COMMISSION www.nrc.gov/reading-rm/adams.html. appropriate arrangements can be made. Electronic recordings will be permitted [Docket No. 50–131] Dated in Rockville, Maryland, this 10th day of January, 2005. only during those portions of the meeting that are open to the public. Notice and Solicitation of Comments For the Nuclear Regulatory Commission. Pursuant to 10 CFR 20.1405 and 10 Further information regarding this Patrick M. Madden, CFR 50.82(b)(5) Concerning Proposed meeting can be obtained by contacting Action to Decommission Department Section Chief, Research and Test Reactors the Designated Federal Official between Section, New, Research and Test Reactors of Veterans Affairs Nebraska-Western 7:30 a.m. and 4:15 p.m. (ET). Persons Program, Division of Regulatory Improvement planning to attend this meeting are Iowa Health Care System Alan J. Programs, Office of Nuclear Reactor Blotcky Reactor Facility Regulation. urged to contact the above named individual at least two working days [FR Doc. 05–888 Filed 1–14–05; 8:45 am] Notice is hereby given that the U.S. prior to the meeting to be advised of any Nuclear Regulatory Commission (the BILLING CODE 7590–01–P potential changes in the agenda. Commission) has received an application from the Department of Dated: January 11, 2005. Veterans Affairs, Nebraska-Western NUCLEAR REGULATORY John H. Flack, Iowa Health Care System dated COMMISSION Acting Branch Chief, ACRS/ACNW. [FR Doc. 05–889 Filed 1–14–05; 8:45 am] September 21, 2004, for a license Advisory Committee on Reactor amendment approving its proposed Safeguards Subcommittee Meeting on BILLING CODE 7590–01–P decommissioning plan for the Alan J. Planning and Procedures; Notice of Blotcky Reactor Facility (Facility Meeting License No. R–57) located in Omaha, NUCLEAR REGULATORY Nebraska. The ACRS Subcommittee on Planning COMMISSION In accordance with 10 CFR 20.1405, and Procedures will hold a meeting on the Commission is providing notice and January 27–28, 2005, Room T–2B3, Advisory Committee on Reactor soliciting comments from local and 11545 Rockville Pike, Rockville, Safeguards Meeting of the State governments in the vicinity of the Maryland. Subcommittee on Plant License site and any Indian Nation or other The entire meeting will be open to Renewal; Notice of Meeting indigenous people that have treaty or public attendance, with the exception of The ACRS Subcommittee on Plant statutory rights that could be affected by a portion that may be closed pursuant License Renewal will hold a meeting on the decommissioning. This notice and to 5 U.S.C. 552b(c)(2) and (6) to discuss February 9, 2005, Room T–2B3, 11545 solicitation of comments is published organizational and personnel matters Rockville Pike, Rockville, Maryland. pursuant to 10 CFR 20.1405, which that relate solely to internal personnel The entire meeting will be open to provides for publication in the Federal rules and practices of ACRS, and public attendance. Register and in a forum, such as local information the release of which would The agenda for the subject meeting newspapers, letters to State or local constitute a clearly unwarranted shall be as follows: organizations, or other appropriate invasion of personal privacy. forum, that is readily accessible to The agenda for the subject meeting Wednesday, February 9, 2005—1:30 individuals in the vicinity of the site. shall be as follows: p.m. until 5 p.m. Comments should be provided within Thursday, January 27, 2005—8:30 The purpose of this meeting is to 30 days of the date of this notice to a.m. until the conclusion of business. discuss the License Renewal Patrick M. Madden, Chief, Research and The Subcommittee will discuss ACRS Application and associated Safety Test Reactors Section, New, Research business processes, anticipated Evaluation Report (SER) with Open and Test Reactors Program, Division of workload, potential areas for improved Items related to the License Renewal of

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the Donald C. Cook Plant, Units 1 and Notice of Consideration of Issuance of Written comments may be submitted 2. The Subcommittee will hear Amendments to Facility Operating by mail to the Chief, Rules and presentations by and hold discussions Licenses, Proposed No Significant Directives Branch, Division of with representatives of the NRC staff, Hazards Consideration Determination, Administrative Services, Office of Indiana Michigan Power Company, and and Opportunity for a Hearing Administration, U.S. Nuclear Regulatory other interested persons regarding this The Commission has made a Commission, Washington, DC 20555– matter. The Subcommittee will gather proposed determination that the 0001, and should cite the publication information, analyze relevant issues and following amendment requests involve date and page number of this Federal facts, and formulate proposed positions no significant hazards consideration. Register notice. Written comments may and actions, as appropriate, for Under the Commission’s regulations in also be delivered to Room 6D22, Two deliberation by the full Committee. 10 CFR 50.92, this means that operation White Flint North, 11545 Rockville Members of the public desiring to of the facility in accordance with the Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. provide oral statements and/or written proposed amendment would not (1) Copies of written comments received comments should notify the Designated involve a significant increase in the may be examined at the Commission’s Federal Official, Mr. Cayetano Santos probability or consequences of an Public Document Room (PDR), located (telephone 301/415–7270) five days accident previously evaluated; or (2) at One White Flint North, Public File prior to the meeting, if possible, so that create the possibility of a new or Area O1F21, 11555 Rockville Pike (first appropriate arrangements can be made. different kind of accident from any floor), Rockville, Maryland. The filing of Electronic recordings will be permitted. accident previously evaluated; or (3) requests for a hearing and petitions for involve a significant reduction in a Further information regarding this leave to intervene is discussed below. meeting can be obtained by contacting margin of safety. The basis for this Within 60 days after the date of the Designated Federal Official between proposed determination for each publication of this notice, the licensee 7:30 a.m. and 4:15 p.m. (ET). Persons amendment request is shown below. may file a request for a hearing with planning to attend this meeting are The Commission is seeking public respect to issuance of the amendment to urged to contact the above named comments on this proposed the subject facility operating license and individual at least two working days determination. Any comments received any person whose interest may be prior to the meeting to be advised of any within 30 days after the date of affected by this proceeding and who potential changes to the agenda. publication of this notice will be wishes to participate as a party in the considered in making any final Dated: January 10, 2005. proceeding must file a written request determination. Within 60 days after the for a hearing and a petition for leave to John H. Flack, date of publication of this notice, the Acting Branch Chief, ACRS/ACNW. intervene. Requests for a hearing and a licensee may file a request for a hearing petition for leave to intervene shall be [FR Doc. 05–891 Filed 1–14–05; 8:45 am] with respect to issuance of the filed in accordance with the BILLING CODE 7590–01–P amendment to the subject facility Commission’s ‘‘Rules of Practice for operating license and any person whose Domestic Licensing Proceedings’’ in 10 interest may be affected by this CFR part 2. Interested persons should NUCLEAR REGULATORY proceeding and who wishes to COMMISSION consult a current copy of 10 CFR 2.309, participate as a party in the proceeding which is available at the Commission’s must file a written request for a hearing Biweekly Notice; Applications and PDR, located at One White Flint North, and a petition for leave to intervene. Amendments to Facility Operating Public File Area 01F21, 11555 Rockville Normally, the Commission will not Licenses Involving No Significant Pike (first floor), Rockville, Maryland. issue the amendment until the Hazards Considerations Publicly available records will be expiration of 60 days after the date of accessible from the Agencywide I. Background publication of this notice. The Documents Access and Management Commission may issue the license System’s (ADAMS) Public Electronic Pursuant to section 189a.(2) of the amendment before expiration of the 60- Reading Room on the Internet at the Atomic Energy Act of 1954, as amended day period provided that its final NRC Web site, http://www.nrc.gov/ (the Act), the U.S. Nuclear Regulatory determination is that the amendment reading-rm/doc-collections/cfr/. If a Commission (the Commission or NRC involves no significant hazards request for a hearing or petition for staff) is publishing this regular biweekly consideration. In addition, the leave to intervene is filed within 60 notice. The Act requires the Commission may issue the amendment days, the Commission or a presiding Commission publish notice of any prior to the expiration of the 30-day officer designated by the Commission or amendments issued, or proposed to be comment period should circumstances by the Chief Administrative Judge of the issued and grants the Commission the change during the 30-day comment Atomic Safety and Licensing Board authority to issue and make period such that failure to act in a Panel, will rule on the request and/or immediately effective any amendment timely way would result, for example in petition; and the Secretary or the Chief to an operating license upon a derating or shutdown of the facility. Administrative Judge of the Atomic determination by the Commission that Should the Commission take action Safety and Licensing Board will issue a such amendment involves no significant prior to the expiration of either the notice of a hearing or an appropriate hazards consideration, notwithstanding comment period or the notice period, it order. the pendency before the Commission of will publish in the Federal Register a As required by 10 CFR 2.309, a a request for a hearing from any person. notice of issuance. Should the petition for leave to intervene shall set This biweekly notice includes all Commission make a final No Significant forth with particularity the interest of notices of amendments issued, or Hazards Consideration Determination, the petitioner in the proceeding, and proposed to be issued from December any hearing will take place after how that interest may be affected by the 23, 2004, through January 5, 2005. The issuance. The Commission expects that results of the proceeding. The petition last biweekly notice was published on the need to take this action will occur should specifically explain the reasons January 4, 2005 (70 FR 398). very infrequently. why intervention should be permitted

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with particular reference to the the amendment. If the final Dominion Nuclear Connecticut, Inc., following general requirements: (1) The determination is that the amendment Docket No. 50–336, Millstone Power name, address, and telephone number of request involves a significant hazards Station, Unit No. 2, New London the requestor or petitioner; (2) the consideration, any hearing held would County, Connecticut nature of the requestor’s/petitioner’s take place before the issuance of any Date of amendment request: July 15, right under the Act to be made a party amendment. 2004, supplemented by letter dated to the proceeding; (3) the nature and A request for a hearing or a petition August 23, 2004. extent of the requestor’s/petitioner’s for leave to intervene must be filed by: Description of amendment request: property, financial, or other interest in (1) First class mail addressed to the The amendment would revise Operating the proceeding; and (4) the possible Office of the Secretary of the License DPR–65 to address the effect of any decision or order which Commission, U.S. Nuclear Regulatory resolution of a non-conservative may be entered in the proceeding on the Commission, Washington, DC 20555– Technical Specification (TS) associated requestor’s/petitioner’s interest. The 0001, Attention: Rulemaking and with control room isolation radiation petition must also set forth the specific Adjudications Staff; (2) courier, express monitoring instrumentation. contentions which the petitioner/ mail, and expedited delivery services: Specifically, the amendment would requestor seeks to have litigated at the Office of the Secretary, Sixteenth Floor, revise the TS to require two operable proceeding. One White Flint North, 11555 Rockville channels of control room isolation Each contention must consist of a Pike, Rockville, Maryland, 20852, specific statement of the issue of law or radiation monitoring instrumentation. Attention: Rulemaking and Basis for proposed no significant fact to be raised or controverted. In Adjudications Staff; (3) e-mail addition, the petitioner/requestor shall hazards consideration determination: addressed to the Office of the Secretary, As required by 10 CFR 50.91(a), the provide a brief explanation of the bases U.S. Nuclear Regulatory Commission, for the contention and a concise licensee has provided its analysis of the [email protected]; or (4) facsimile issue of no significant hazards statement of the alleged facts or expert transmission addressed to the Office of opinion which support the contention consideration. The NRC staff has the Secretary, U.S. Nuclear Regulatory reviewed the licensee’s analysis against and on which the petitioner/requestor Commission, Washington, DC, intends to rely in proving the contention the standards of 10 CFR 50.92(c). The Attention: Rulemakings and NRC staff’s review is presented below: at the hearing. The petitioner/requestor Adjudications Staff at (301) 415–1101, must also provide references to those verification number is (301) 415–1966. 1. Involve a significant increase in the probability or consequences of an accident specific sources and documents of A copy of the request for hearing and which the petitioner is aware and on previously evaluated. petition for leave to intervene should The proposed change involves which the petitioner/requestor intends also be sent to the Office of the General to rely to establish those facts or expert requirements to maintain two operable Counsel, U.S. Nuclear Regulatory channels in order to add a level of detection opinion. The petition must include Commission, Washington, DC 20555– capability and greater assurance that the sufficient information to show that a 0001, and it is requested that copies be safety function for control room isolation is genuine dispute exists with the transmitted either by means of facsimile met. In addition, the proposed change will applicant on a material issue of law or transmission to (301) 415–3725 or by e- not alter the setpoint value for the radiation fact. Contentions shall be limited to mail to [email protected]. A copy monitors nor will it affect the method for matters within the scope of the control room air filtration during the of the request for hearing and petition amendment under consideration. The emergency mode of operation. Therefore, the for leave to intervene should also be contention must be one which, if proposed change from one operable channel sent to the attorney for the licensee. proven, would entitle the petitioner/ to two operable channels for the control room requestor to relief. A petitioner/ Nontimely requests and/or petitions isolation radiation monitoring instrumentation will not increase the requestor who fails to satisfy these and contentions will not be entertained absent a determination by the probability of consequences of any requirements with respect to at least one previously evaluated accident. contention will not be permitted to Commission or the presiding officer of the Atomic Safety and Licensing Board 2. Create the possibility of a new or participate as a party. different kind of accident from any accident Those permitted to intervene become that the petition, request and/or the previously evaluated. parties to the proceeding, subject to any contentions should be granted based on The proposed change involves radiation limitations in the order granting leave to a balancing of the factors specified in 10 monitoring channels designed to send a intervene, and have the opportunity to CFR 2.309(a)(1)(i)–(viii). signal to isolate the control room when high participate fully in the conduct of the For further details with respect to this radiation levels are detected to limit the hearing. action, see the application for radiological dose to the control room If a hearing is requested, and the amendment which is available for operators in the event of an accident. In Commission has not made a final public inspection at the Commission’s addition, the proposed change will not have an impact on the setpoint value to change the determination on the issue of no PDR, located at One White Flint North, radiation level at which control room significant hazards consideration, the Public File Area 01F21, 11555 Rockville isolation is assumed to occur. Again, the Commission will make a final Pike (first floor), Rockville, Maryland. proposed change will not introduce failure determination on the issue of no Publicly available records will be modes, accident initiators, or malfunctions. significant hazards consideration. The accessible from the ADAMS Public Therefore, the proposed change from one final determination will serve to decide Electronic Reading Room on the Internet operable channel to two operable channels when the hearing is held. If the final at the NRC Web site, http:// for the control room isolation radiation determination is that the amendment www.nrc.gov/reading-rm/adams.html. If monitoring instrumentation, will not create request involves no significant hazards you do not have access to ADAMS or if the possibility of a new or different kind of accident from any accident previously consideration, the Commission may there are problems in accessing the evaluated. issue the amendment and make it documents located in ADAMS, contact 3. Involve a significant reduction in a immediately effective, notwithstanding the PDR Reference staff at 1 (800) 397– margin of safety. the request for a hearing. Any hearing 4209, (301) 415–4737 or by e-mail to Increasing the number of radiation held would take place after issuance of [email protected]. monitoring channels for the control room

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isolation radiation monitoring increase the probability or consequences of significant increase in the probability or instrumentation will not reduce a margin of any previously analyzed accident. consequences of an accident previously safety. The proposed change to add 2. Create the possibility of a new or evaluated. requirements to the TS for a redundant different kind of accident from any accident The proposed changes are administrative radiation monitoring channel will increase previously evaluated. or editorial in nature and do not involve any the reliability of the system to perform its The implementation of the proposed physical changes to the plant. The changes intended function. In addition, the proposed changes does not create the possibility of an do not revise the methods of plant operation change will add appropriate compensatory accident of a different type than was which could increase the probability or actions for conditions when both channels previously evaluated in the Updated Final consequences of accidents. No new modes of are not available. Therefore, given that the Safety Analysis Report (UFSAR). The transfer operation are introduced by the proposed proposed change will continue to meet the of requirements concerning facility staff changes such that a previously evaluated current design basis, any reduction in a qualifications from the administrative section accident is more likely to occur or more margin of safety would not be significant. of the Technical Specifications to the adverse consequences would result. Consolidated Quality Assurance Program and Therefore, the proposed changes do not Based on the NRC staff’s analysis, it other licensee controlled documents can not involve a significant increase in the appears that the three standards of 10 initiate a new or different kind of accident. probability or consequences of an accident CFR 50.929(c) are satisfied. Therefore, These changes do not alter the nature of previously evaluated. the NRC staff proposes to determine that events postulated in the UFSAR nor do they 2. The operation of Vermont Yankee the amendment request involves no introduce any unique precursor mechanisms. Nuclear Power Station in accordance with significant hazards consideration. Therefore, the proposed changes are the proposed amendment will not create the Attorney for licensee: Lillian M. administrative in nature and do not create possibility of a new or different kind of Cuoco, Senior Nuclear Counsel, the possibility of a new or different kind of accident from any accident previously accident from those previously analyzed. evaluated. Dominion Nuclear Connecticut, Inc., 3. Involve a significant reduction in a These changes are administrative or Rope Ferry Road, Waterford, CT 06385. margin of safety. editorial in nature and do not affect the NRC Section Chief: Darrell J. Roberts. The implementation of the proposed operation of any systems or equipment, nor Dominion Nuclear Connecticut, Inc., changes does not reduce the margin of safety. do they involve any potential initiating The proposed changes to transfer certain events that would create any new or different Docket Nos. 50–245, 50–336, and 50– requirements from the administration section kind of accident. There are no changes to the 423, Millstone Nuclear Power Station, of the Technical Specifications to the design assumptions, conditions, Unit Nos. 1, 2, and 3, New London Consolidated Quality Assurance Program and configuration of the facility, or manner in County, Connecticut other licensee controlled documents have no which the plant is operated and maintained. Date of amendment request: effect on design bases radiological events. It The changes do not affect assumptions is thus concluded that the proposed changes contained in plant safety analyses or the September 8, 2002. are administrative in nature and the margin physical design and/or modes of plant Description of amendment request: of safety will not be reduced by the operation. Consequently, no new failure The proposed amendment would implementation of the changes. mode is introduced. modify the Technical Specifications to Based on this review, it appears that Therefore, the proposed changes do not support the implementation of the create the possibility of a new or different the three standards of 10 CFR 50.92(c) kind of accident from any previously proposed Dominion Nuclear Facility are satisfied. Therefore, the NRC staff Quality Assurance Program (Topical evaluated. proposes to determine that the 3. The operation of Vermont Yankee Report DOM–QA–1). Implementation of amendment request involves no this Topical Report would create a Nuclear Power Station in accordance with significant hazards consideration. the proposed amendment will not involve a common quality assurance program for Attorney for licensee: Lillian M. significant reduction in a margin of safety. all sites owned by Dominion Nuclear Cuoco, Senior Nuclear Counsel, There are no changes being made to the Connecticut, Inc. Review of this Dominion Nuclear Connecticut, Inc., Technical Specification (TS) safety limits or proposed amendment was requested to Rope Ferry Road, Waterford, CT 06385. safety system settings. The operating limits be done in concert with review of the NRC Section Chief: Darrell J. Roberts. and functional capabilities of systems, Topical Report. The Topical Report is structures and components are unchanged as available in the Agencywide Document Entergy Nuclear Vermont Yankee, LLC a result of these administrative and editorial Access and Management System under and Entergy Nuclear Operations, Inc., changes. These changes do not affect any accession number ML042470015. Docket No. 50–271, Vermont Yankee equipment involved in potential initiating events or plant response to accidents. There Basis for proposed no significant Nuclear Power Station, Vernon, Vermont is no change to the basis for any TS that is hazards consideration determination: related to the establishment, or maintenance As required by 10 CFR 50.91(a), the Date of amendment request: of, a nuclear safety margin. licensee has provided its analysis of the December 6, 2004. Therefore, the proposed change does not issue of no significant hazards Description of amendment request: involve a significant reduction in a margin of consideration, which is presented The proposed amendment would make safety. below: administrative changes to the Technical The NRC staff has reviewed the Specifications (TSs) including 1. Involve a significant increase in the licensee’s analysis and, based on this correction of references and deleting probability or consequences of an accident review, it appears that the three obsolete or redundant TS requirements previously evaluated. standards of 10 CFR 50.92(c) are The proposed changes do not involve a and surveillances. satisfied. Therefore, the NRC staff significant increase in the probability or Basis for proposed no significant consequence of an accident previously hazards consideration determination: proposes to determine that the analyzed. The changes involve the transfer of As required by 10 CFR 50.91(a), the amendment request involves no requirements from the administrative section licensee has provided its analysis of the significant hazards consideration. of the Technical Specifications to the issue of no significant hazards Attorney for licensee: Mr. David R. Consolidated Quality Assurance Program and consideration which is presented below: Lewis, Shaw, Pittman, Potts and other licensee controlled documents. Trowbridge, 2300 N Street, NW., Therefore, the proposed changes are 1. The operation of Vermont Yankee administrative in nature, and have no effect Nuclear Power Station in accordance with Washington, DC 20037–1128. on a design basis accident, and will not the proposed amendment will not involve a NRC Section Chief: Allen G. Howe.

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Entergy Nuclear Vermont Yankee, LLC introduced. Therefore, operation of VY in consequences of an accident previously and Entergy Nuclear Operations, Inc., accordance with the proposed amendment evaluated. Docket No. 50–271, Vermont Yankee will not create the possibility of a new or The proposed changes do not significantly Nuclear Power Station, Vernon, different kind of accident from any accident affect the design or fundamental operation previously evaluated. and maintenance of the plant. Accident Vermont 3. The operation of Vermont Yankee initiators or the frequency of analyzed Date of amendment request: Nuclear Power Station (VY) in accordance accident events are not significantly affected December 7, 2004. with the proposed amendment will not as a result of the proposed changes; therefore, Description of amendment request: involve a significant reduction in a margin of there will be no significant change to the The proposed amendment would revise safety. probabilities of accidents previously the Technical Specifications (TSs) to: (1) The proposed amendment removes details evaluated. The proposed changes do not significantly Delete the surveillance requirement (SR) of SLC pressure relief valve and recirculation pump discharge valve testing requirements alter assumptions or initial conditions associated with testing of the standby from the TS. The proposed amendment does relative to the mitigation of an accident liquid control (SLC) pump discharge not change the design or function of any previously evaluated. The proposed changes pressure relief valves; and (2) remove component or system. The proposed continue to ensure process variables, details from the SR for testing of the amendment does not involve any safety structures, systems, and components (SSCs) recirculation pump discharge valves. limits or limiting safety system settings. are maintained consistent with the safety Basis for proposed no significant Since the proposed controls are adequate analyses and licensing basis. The revised hazards consideration determination: to ensure the required inservice testing is technical specifications continue to require As required by 10 CFR 50.91(a), the performed, there will still be high assurance that SSCs are properly maintained to ensure that the components are operable and operability and performance of safety licensee has provided its analysis of the functions as assumed in the safety analyses. issue of no significant hazards capable of performing their respective safety functions, and that the systems will respond The design basis events analyzed in the consideration which is presented below: as designed to mitigate the subject events. safety analyses will not change significantly 1. The operation of Vermont Yankee Therefore, operation of VY in accordance as a result of the proposed changes to the TS. Nuclear Power Station (VY) in accordance with the proposed amendment will not Therefore, the proposed changes do not with the proposed amendment will not involve a significant reduction in a margin of involve a significant increase in the involve a significant increase in the safety. probability or consequences of an accident previously evaluated. probability or consequences of an accident The NRC staff has reviewed the previously evaluated. 2. The operation of Vermont Yankee The proposed amendment removes details licensee’s analysis and, based on this Nuclear Power Station in accordance with of SLC pressure relief valve and recirculation review, it appears that the three the proposed amendment will not create the pump discharge valve testing requirements standards of 10 CFR 50.92(c) are possibility of a new or different kind of from the TS. Following implementation of satisfied. Therefore, the NRC staff accident from any accident previously the proposed change, the VY TS will still proposes to determine that the evaluated. require operability testing of the subject amendment request involves no The proposed changes do not involve any components by reference to the VY IST significant hazards consideration. physical alteration of the plant (no new or different type of equipment being installed) [Inservice Testing] Program. Details of SLC Attorney for licensee: Mr. David R. pressure relief valve and recirculation pump and do not involve a change in the design, discharge valve testing requirements will still Lewis, Shaw, Pittman, Potts and normal configuration or basic operation of be contained in the VY IST Program. The Trowbridge, 2300 N Street, NW, the plant. The proposed changes do not SLC pressure relief valve and recirculation Washington, DC 20037–1128. introduce any new accident initiators. In pump discharge valve setpoint values related NRC Section Chief: Allen G. Howe. some cases, the proposed changes impose to the safety functions of those systems will different requirements; however, these new continue to be contained in the VY UFSAR Entergy Nuclear Vermont Yankee, LLC requirements are consistent with the [Updated Final Safety Analysis Report]. and Entergy Nuclear Operations, Inc., assumptions in the safety analyses and Changes to the VY UFSAR are evaluated per Docket No. 50–271, Vermont Yankee current licensing basis. Where requirements the requirements of 10 CFR 50.59. These Nuclear Power Station, Vernon, are relocated to other licensee-controlled controls are adequate to ensure the required Vermont documents, adequate controls exist to ensure inservice testing is performed to verify the their proper maintenance. components are operable and capable of Date of amendment request: The proposed changes do not involve performing their respective safety functions. December 15, 2004. significant changes in the fundamental The proposed amendment introduces no new Description of amendment request: methods governing normal plant operation equipment or changes to how equipment is The proposed amendment would revise and do not require unusual or uncommon operated. Neither the SLC pressure relief the limiting conditions for operation in operator actions. The proposed changes valves nor the recirculation pump discharge Technical Specification (TS) 3.3 and the provide assurance that the plant will not be valves are initiators of any analyzed surveillance requirements in TS 4.3 operated in a mode or condition that violates accidents. Therefore, operation of VY in associated with the control rod system. the essential assumptions or initial accordance with the proposed amendment Specifically, the proposed changes conditions in the safety analyses and that will not involve a significant increase in the SSCs remain capable of performing their probability or consequences of an accident would revise the TSs associated with: intended safety functions as assumed in the previously evaluated. (1) Control rod operability; (2) control same analyses. Consequently, the response of 2. The operation of Vermont Yankee rod scram time testing; and (3) control the plant and the plant operator to postulated Nuclear Power Station (VY) in accordance rod accumulator operability. events will not be significantly different. with the proposed amendment will not create Basis for proposed no significant Therefore, the proposed TS change does the possibility of a new or different kind of hazards consideration determination: not create the possibility of a new or different accident from any accident previously As required by 10 CFR 50.91(a), the kind of accident from any previously evaluated. licensee has provided its analysis of the evaluated. The proposed amendment removes details issue of no significant hazards 3. The operation of Vermont Yankee of SLC pressure relief valve and recirculation Nuclear Power Station in accordance with pump discharge valve testing requirements consideration which is presented below: the proposed amendment will not involve a from the TS. The proposed amendment does 1. The operation of Vermont Yankee significant reduction in a margin of safety. not change the design or function of any Nuclear Power Station in accordance with Margin of safety is related to the component or system. No new modes of the proposed amendment will not involve a confidence in the ability of the fission failure or initiating events are being significant increase in the probability or product barriers to perform their design

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functions during and following an accident requirements to provide a monthly operating of the model NSHC determination in its situation. The proposed changes do not letter report of shutdown experience and application dated December 20, 2004. significantly affect any of the assumptions, operating statistics if the equivalent data is initial conditions or inputs to the safety submitted using an industry electronic Basis for proposed no significant analyses. Plant design is unaffected by these database. It also eliminates the TS reporting hazards consideration determination: proposed changes and will continue to requirement for an annual occupational As required by 10 CFR 50.91(a), an provide adequate defense-in-depth and radiation exposure report, which provides analysis of the issue of no significant diversity of safety functions as assumed in information beyond that specified in NRC hazards consideration is presented the safety analyses. regulations. The proposed change involves below: There are no proposed changes to any of no changes to plant systems or accident the Safety Limits or Limiting Safety System analyses. As such, the change is 1. Does the proposed change involve a Setting requirements. The proposed changes administrative in nature and does not affect significant increase in the probability or maintain requirements consistent with safety initiators of analyzed events or assumed consequences of an accident previously analyses assumptions and the licensing basis. mitigation of accidents or transients. evaluated? Fission product barriers will continue to Therefore, the proposed change does not Response: No. meet their design capabilities without any involve a significant increase in the The proposed change eliminates the significant impact to their ability to maintain probability or consequences of an accident Technical Specifications (TSs) reporting parameters within acceptable limits. The previously evaluated. requirements to provide a monthly operating safety functions are maintained within 2. Does the proposed change create the report of shutdown experience and operating acceptable limits without any significant possibility of a new or different kind of decrease in capability. accident from any accident previously statistics if the equivalent data is submitted Therefore, the proposed changes do not evaluated? using an industry electronic database. It also involve a significant reduction in a margin of Response: No. eliminates the TS reporting requirement for safety. The proposed change does not involve a an annual occupational radiation exposure The NRC staff has reviewed the physical alteration of the plant, add any new report, which provides information beyond equipment, or require any existing licensee’s analysis and, based on this that specified in NRC regulations. The equipment to be operated in a manner proposed change involves no changes to review, it appears that the three different from the present design. Therefore, plant systems or accident analyses. As such, standards of 10 CFR 50.92(c) are the proposed change does not create the the change is administrative in nature and satisfied. Therefore, the NRC staff possibility of a new or different kind of does not affect initiators of analyzed events proposes to determine that the accident from any accident previously or assumed mitigation of accidents or amendment request involves no evaluated. 3. Does the proposed change involve a transients. Therefore, the proposed change significant hazards consideration. does not involve a significant increase in the Attorney for licensee: Mr. David R. significant reduction in a margin of safety? probability or consequences of an accident Lewis, Shaw, Pittman, Potts and Response: No. This is an administrative change to previously evaluated. Trowbridge, 2300 N Street, NW., reporting requirements of plant operating 2. Does the proposed change create the Washington, DC 20037–1128. information and occupational radiation possibility of a new or different kind of NRC Section Chief: Allen G. Howe. exposure data, and has no effect on plant accident from any accident previously Entergy Operations, Inc., Docket No. 50– equipment, operating practices or safety evaluated? 313, Arkansas Nuclear One, Unit No. 1, analyses assumptions. For these reasons, the Response: No. proposed change does not involve a The proposed change does not involve a Pope County, Arkansas significant reduction in the margin of safety. physical alteration of the plant, add any new Date of amendment request: Based upon the reasoning presented equipment, or require any existing December 20, 2004. above, the requested change does not equipment to be operated in a manner Description of amendment request: involve significance hazards different from the present design. Therefore, The requested change will delete the consideration. the proposed change does not create the requirements in Technical Specification possibility of a new or different kind of (TS) 5.6.1, ‘‘Occupational Radiation Attorney for licensee: Nicholas S. accident from any accident previously Exposure Report,’’ and TS 5.6.4, Reynolds, Esquire, Winston and Strawn, 1400 L Street, NW., Washington, DC evaluated. ‘‘Monthly Operating Reports.’’ 3. Does the proposed change involve a The NRC staff issued a notice of 20005–3502. significant reduction in a margin of safety? availability of a model no significant NRC Section Chief: Michael A. Webb (Acting). Response: No. hazards consideration (NSHC) This is an administrative change to determination for referencing in license Entergy Operations, Inc., Docket No. 50– reporting requirements of plant operating amendment applications in the Federal 368, Arkansas Nuclear One, Unit No. 2, information and occupational radiation Register on June 23, 2004 (69 FR 35067). Pope County, Arkansas exposure data, and has no effect on plant The licensee affirmed the applicability Date of amendment request: equipment, operating practices or safety of the model NSHC determination in its analyses assumptions. For these reasons, the application dated December 20, 2004. December 20, 2004. Description of amendment request: proposed change does not involve a Basis for proposed no significant significant reduction in the margin of safety. hazards consideration determination: The requested change will delete the As required by 10 CFR 50.91(a), an requirements in Technical Specification Based upon the reasoning presented analysis of the issue of no significant (TS) 6.6.1, ‘‘Occupational Radiation above, the requested change does not hazards consideration is presented Exposure Report,’’ and TS 6.6.4, involve significance hazards below: ‘‘Monthly Operating Reports.’’ consideration. The NRC staff issued a notice of 1. Does the proposed change involve a availability of a model no significant Attorney for licensee: Nicholas S. significant increase in the probability or Reynolds, Esquire, Winston and Strawn, consequences of an accident previously hazards consideration (NSHC) determination for referencing in license 1400 L Street, NW., Washington, DC evaluated? 20005–3502. Response: No. amendment applications in the Federal The proposed change eliminates the Register on June 23, 2004 (69 FR 35067). NRC Section Chief: Michael A. Webb Technical Specifications (TSs) reporting The licensee affirmed the applicability (Acting).

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Florida Power Corporation, et al., nozzles, provides assurance that the spray does not involve a significant increase in the Docket No. 50–302, Crystal River Unit 3 nozzles will remain unobstructed. As the probability or consequences of an accident Nuclear Generating Plant, Citrus spray nozzles are expected to remain previously evaluated. County, Florida unobstructed and able to perform their post- 2. Does the proposed change create the accident mitigation function, plant safety is possibility of a new or different kind of Date of amendment request: October not significantly affected. Therefore, the accident from any accident previously 14, 2004. proposed change does not involve a evaluated? Brief description of amendments: The significant reduction in a margin of safety. Response: No. proposed change will revise the The NRC staff has reviewed the The proposed change does not involve a physical alteration of the plant, add any new surveillance requirement (SR) 3.6.6.8 licensee’s analysis and, based on this frequency of every 10 years. Instead, the equipment, or require any existing review, it appears that the three equipment to be operated in a manner proposed change to SR 3.6.6.8 will standards of 10 CFR 50.92(c) are different from the present design. Therefore, require verification that spray nozzles satisfied. Therefore, the NRC staff the proposed change does not create the are unobstructed following maintenance proposes to determine that the possibility of a new or different kind of that could result in nozzle blockage. amendment request involves no accident from any accident previously Basis for proposed no significant significant hazards consideration. evaluated. hazards consideration determination: Attorney for licensee: Steven R. Carr, 3. Does the proposed change involve a As required by 10 CFR 50.91(a), the Associate General Counsel—Legal significant reduction in a margin of safety? Response: No. licensee has provided its analysis of the Department, Progress Energy Service issue of no significant hazards This is an administrative change to Company, LLC, Post Office Box 1551, reporting requirements of plant operating consideration, which is presented below Raleigh, North Carolina 27602. information and occupational radiation and states that the amendment request: NRC Section Chief: Michael L. exposure data, and has no effect on plant 1. Does not involve a significant increase Marshall, Jr. equipment, operating practices or safety in the probability or consequences of an analyses assumptions. For these reasons, the accident previously evaluated. Nebraska Public Power District, Docket proposed change does not involve a The proposed change modifies the No. 50–298, Cooper Nuclear Station, significant reduction in the margin of safety. Nemaha County, Nebraska [Surveillance Requirements] SR to verify that Based upon the reasoning presented the [Reactor Building] RB spray nozzles are Date of amendment request: unobstructed after maintenance that could above, the requested change does not November 22, 2004. involve significance hazards introduce material that could result in nozzle Description of amendment request: blockage. The spray nozzles are not assumed consideration. to be initiators of any previously analyzed The requested change will delete the Attorney for licensee: Mr. John R. accident. Therefore, the change does not requirements in Technical Specification McPhail, Nebraska Public Power increase the probability of any accident (TS) 5.6.1, ‘‘Occupational Radiation District, Post Office Box 499, Columbus, previously evaluated. The spray nozzles are Exposure Report,’’ and TS 5.6.4, NE 68602–0499. assumed in the accident analyses to mitigate ‘‘Monthly Operating Reports.’’ NRC Section Chief: Michael K. Webb design basis accidents. The revised SR to The NRC staff issued a notice of (Acting). verify system OPERABILITY following availability of a model no significant maintenance is considered adequate to hazards consideration (NSHC) Nuclear Management Company, LLC, ensure OPERABILITY of the RB spray determination for referencing in license Docket No. 50–263, Monticello Nuclear system. Since the system will still be able to amendment applications in the Federal Generating Plant, Wright County, perform its accident mitigation function, the Minnesota consequences of accidents previously Register on June 23, 2004 (69 FR 35067). evaluated are not increased. Therefore, the The licensee affirmed the applicability Date of amendment request: April 29, proposed change does not involve a of the model NSHC determination in its 2004, as supplemented November 23, significant increase in the probability or application dated November 22, 2004. 2004. consequences of an accident previously Basis for proposed no significant Description of amendment request: evaluated. hazards consideration determination: The proposed amendment is a selective- 2. Does not create the possibility of a new As required by 10 CFR 50.91(a), an scope application of an alternative or different type of accident from any analysis of the issue of no significant source term (AST) for the fuel handling accident previously evaluated. hazards consideration is presented The proposed change revises the SR to accident (FHA) in accordance with Title verify that the RB spray nozzles are below: 10 of the Code of Federal Regulations unobstructed after maintenance that could 1. Does the proposed change involve a (10 CFR) Section 50.67, ‘‘Accident result in nozzle blockage. The change does significant increase in the probability or Source Term.’’ not introduce a new mode of plant operation consequences of an accident previously Basis for proposed no significant and does not involve physical modification evaluated? hazards consideration determination: to the plant. The change will not introduce Response: No. As required by 10 CFR 50.91(a), the new accident initiators or impact the The proposed change eliminates the licensee has provided its analysis of the assumptions made in the safety analysis. Technical Specifications (TSs) reporting issue of no significant hazards Therefore, the proposed change does not requirements to provide a monthly operating consideration, which is presented create the possibility of a new or different report of shutdown experience and operating kind of accident from any previously statistics if the equivalent data is submitted below: evaluated. using an industry electronic database. It also 1. Does the proposed change involve a 3. Does not involve a significant reduction eliminates the TS reporting requirement for significant increase in the probability or in the margin of safety. an annual occupational radiation exposure consequences of an accident previously The proposed change revises the frequency report, which provides information beyond evaluated? for performance of the SR to verify that the that specified in NRC regulations. The Response: No. RB spray nozzles are unobstructed. The proposed change involves no changes to The proposed amendment involves frequency is changed from every 10 years to plant systems or accident analyses. As such, implementation of the AST for the fuel following maintenance that could result in the change is administrative in nature and handling accident at MNGP [Monticello nozzle blockage. This requirement, along does not affect initiators of analyzed events Nuclear Generating Plant]. There are no with foreign material exclusion programs and or assumed mitigation of accidents or physical design modifications to the plant the remote physical location of the spray transients. Therefore, the proposed change associated with the proposed amendment.

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The revised calculations do not impact the RG 1.183. Safety margins have been 1. The proposed amendment does not initiators of an FHA in any way. evaluated and analytical conservatism has involve a significant increase in the The changes also do not impact the been utilized to ensure that the analyses probability or consequences of an accident initiators for any other design basis accident adequately bound the postulated limiting previously evaluated. (DBA) or events. Therefore, because DBA event scenario. The dose consequences of the a. Surveillance Testing Interval Extensions initiators are not being altered by adoption of limiting FHA remain within the acceptance the AST analyses, the probability of an criteria presented in 10 CFR 50.67 and RG The proposed Technical Specification (TS) changes involve changes in the surveillance accident previously evaluated is not affected. 1.183. testing to facilitate a change in the operating With respect to consequences, the only The proposed changes continue to ensure cycle from 18 months to 24 months. The previously evaluated accident that could be that the doses at the Exclusion Area proposed TS changes do not physically affected is the FHA. The AST is an input to Boundary (EAB) and Low Population Zone impact the normal operation of the plant, nor calculations used to evaluate the (LPZ) boundaries, as well as the Control consequences of the accident, and does not, do they impact any design or functional Room, are within the corresponding requirements of the associated systems. That in and of itself, affect the plant response or regulatory limits. For the FHA, RG 1.183 is, the proposed TS changes neither impact the actual pathways to the environment conservatively sets the EAB and LPZ limits the TS SRs [surveillance requirements] utilized by the radiation/activity released by below the 10 CFR 50.67 limit, and sets the themselves nor the manner in which the the fuel. It does however, better represent the Control Room limit consistent with 10 CFR surveillances are performed. physical characteristics of the release, so that 50.67. In addition, the proposed TS changes do appropriate mitigation techniques may be Since the proposed amendment continues not introduce any accident initiators, since applied. For the FHA, the AST analyses to ensure the doses at the EAB, LPZ and no accidents previously evaluated relate to demonstrate acceptable doses that are within Control Room are within corresponding the frequency of surveillance testing. Also, regulatory limits after 24 hours of regulatory limits, the proposed license evaluations of the proposed TS changes radiological decay, without credit for amendment does not involve a significant demonstrate that the availability of Secondary Containment integrity, selected reduction in a margin of safety. equipment and systems required to prevent ESF [engineered safety feature] filtration Based on the above, NMC has determined or mitigate the radiological consequences of system operation (i.e., SBGT [standby gas that operation of the facility in accordance an accident are not significantly affected treatment] System or Control Room EFT with the proposed change does not involve because of other, more frequent testing that [emergency filtration] System) or Control a significant hazards consideration as defined is performed, the availability of redundant Room isolation. Therefore, the consequences in 10 CFR 50.92(c), in that it: (1) Does not systems and equipment, or the high of an accident previously evaluated are not involve a significant increase in the reliability of the equipment. Since the impact significantly increased. probability or consequences of an accident on the systems is minimal NMC [Nuclear Based on the above conclusions, this previously evaluated; (2) does not create the Management Company] has concluded that proposed amendment does not involve a possibility of a new or different kind of the overall impact on the plant safety significant increase in the probability or accident from any accident previously analysis is negligible. consequences of an accident previously evaluated; and (3) does not involve a A historical review of surveillance test evaluated. significant reduction in a margin of safety. results and associated maintenance records 2. Does the proposed change create the indicated that there was no evidence of any possibility of a new or different kind of The U. S. Nuclear Regulatory failure that would invalidate the above accident from any accident previously Commission (NRC) staff has reviewed conclusions. evaluated? the licensee’s analysis and, based on Therefore, the proposed TS changes do not Response: No. this review, it appears that the three significantly increase the probability or The proposed amendment does not involve standards of 10 CFR 50.92(c) are consequences of an accident previously a physical alteration of the plant. No new or satisfied. Therefore, the NRC staff evaluated. different types of equipment will be installed b. TS Trip Setting Changes and there are no physical modifications to proposes to determine that the existing equipment associated with the amendment request involves no Changes are proposed to the Monticello TS proposed changes. Also, no changes are significant hazards consideration. Trip Settings. The proposed changes are a result of application of the Monticello proposed to the methods governing plant/ Attorney for licensee: Jonathan Rogoff, Instrument Setpoint Methodology using system operation during handling of Esquire, Vice President, Counsel & plant-specific drift values. Application of this irradiated fuel, so no new initiators or Secretary, Nuclear Management methodology results in Trip Setpoints that precursors of a new or different kind of Company, LLC, 700 First Street, more accurately reflect total instrumentation accident are created. New equipment or Hudson, WI 54016. loop accuracy, as well as that of test personnel failure modes that might initiate a NRC Section Chief: L. Raghavan. equipment and calculated drift between new type of accident are not created as a surveillances. The proposed changes will not result of the proposed amendment. Nuclear Management Company, LLC, result in hardware changes. The Therefore, the proposed changes do not Docket No. 50–263, Monticello Nuclear instrumentation is not assumed to be create the possibility of a new or different Generating Plant, Wright County, initiators of any analyzed events, nor do they kind of accident from any previously Minnesota impact any design or functional requirements analyzed. of the associated systems. Existing operating 3. Does the proposed change involve a Date of amendment request: June 30, margins between plant conditions and actual significant reduction in the margin of safety? 2004, as supplemented November 5, plant setpoints are not significantly reduced Response: No. 2004. due to the proposed changes. The role of the The proposed amendment is associated instrumentation is in mitigating and thereby, with the implementation of a new licensing Description of amendment request: limiting the consequences of accidents. basis for the MNGP FHA. Approval of this The proposed amendment would revise The Nominal Trip Setpoints were change from the original source term to an the technical specifications (TSs) to developed to ensure the design and safety alternative source term derived in accordance implement a 24-month fuel cycle. analysis limits are satisfied. The with the guidance of RG 1.183 [‘‘Alternative Basis for proposed no significant methodology used for the development of the Radiological Source Terms for Evaluating hazards consideration determination: Trip Settings ensures: (1) The affected Design Basis Accidents at Nuclear Power As required by Title 10 of the Code of instrumentation remains capable of Reactors’’] is being requested. The results of Federal Regulations (10 CFR) 50.91(a), mitigating design basis events as described in the FHA accident analysis, revised in support the safety analysis; and, (2) the results and of the proposed license amendment, are the licensee has provided its analysis of radiological consequences described in the subject to revised acceptance criteria. The the issue of no significant hazards safety analysis remain bounding. The AST FHA analysis has been performed using consideration (NSHC), which is proposed changes do not alter the plant’s conservative methodologies, as specified in presented below: ability to detect and mitigate events.

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Therefore, these changes do not involve a b. TS Trip Setting Changes a. Surveillance Testing Interval Extensions significant increase in the probability or The proposed changes to the Trip Settings Although the proposed TS changes result consequences of an accident previously are a result of applying the Monticello in changes in the interval between evaluated. Instrument Setpoint Methodology using surveillance tests, the impact, if any, on c. Surveillance Testing Interval Reductions plant-specific drift values. The application of system availability is minimal based upon The proposed TS changes involve this methodology does not create the other, more frequent testing that is reductions in the surveillance testing possibility of any new or different kinds of performed, the existence of redundant intervals from once per operating cycle or accidents from any accidents previously systems and equipment or overall system refueling outage to once every three (3) evaluated. This is based upon the fact that reliability. Evaluations show there is no months or once per quarter for the equipment the method and manner of plant operations evidence of any time-dependant failure that associated with these TS SRs. The shorter are unchanged. would impact system availability. The use of the proposed Trip Setpoints intervals are based upon the plant-specific The proposed changes do not significantly does not impact the safe operation of the results of a review of the surveillance test impact the condition or performance of plant in that the safety analysis limits are history for this equipment. The structures, systems and components relied implementing procedures for these SRs have maintained. The proposed changes in Trip Settings involve no system additions or upon for accident mitigation. The proposed been performed on a once per three (3) TS changes do not physically impact the month or once per quarter interval for a physical modifications to plant systems. The Trip Settings are revised to ensure the plant, nor do they impact any design or number of years, and these changes more functional requirements of the associated accurately reflect actual plant maintenance affected instrumentation remains capable of systems. The proposed changes do not practices. The proposed, more restrictive TS mitigating accidents and transients. Plant significantly impact any safety analysis changes do not physically impact the plant, equipment will not be operated in a manner nor do they impact any design or functional different from previous operation. Since assumptions or results. requirements of the associated systems. That operational methods remain unchanged and Therefore, the proposed changes do not is, the proposed TS changes neither degrade the operating parameters were evaluated to involve a significant reduction in a margin of the performance of, nor increase the maintain the plant within existing design safety. challenges to, any safety system assumed to basis criteria no different type of failure or b. TS Trip Setting Changes function in the safety analysis. These accident is created. The proposed changes do not involve a proposed TS changes neither impact the TS Therefore, the proposed TS changes do not reduction in a margin of safety. The proposed SRs themselves nor the manner in which the create the possibility of a new or different surveillances are performed. kind of accident from any previously changes were developed using a Monticello The proposed TS changes do not introduce evaluated. Instrument Setpoint Methodology using any accident initiators, since no accident c. Surveillance Testing Interval Reductions plant-specific drift values. This methodology ensures no safety analysis limits are previously evaluated relate to the frequency The proposed TS changes involve of surveillance testing. The proposed TS exceeded. The proposed TS changes do not reductions in the surveillance testing physically impact the plant, nor do they intervals demonstrate that the equipment and intervals from once per operating cycle or impact any design or functional requirements systems required to prevent or mitigate the refueling outage to once every three (3) of the associated systems. radiological consequences of an accident are months or once per quarter for the equipment continuing to meet the assumptions of the associated with these TS SRs. The shorter As such, these proposed changes do not setpoint evaluation on a more frequent basis. intervals are based upon the plant-specific involve a reduction in a margin of safety. Since the impacts on systems are minimal results of a review of the surveillance test c. Surveillance Testing Interval Reductions and the assumptions of the safety analyses history for this equipment. The are maintained, NMC has concluded that the The proposed TS changes result in a implementing procedures for these SRs have shorter interval between surveillance tests to overall impact on the plant safety analysis is been performed on a once per three (3) negligible. ensure the assumptions of the safety analysis month or once per quarter interval for a are maintained. The impact, if any, on system Therefore, the proposed TS changes do not number of years and these changes more significantly increase the probability or availability is minimal, as a result of the accurately reflect actual plant maintenance consequences of any accident previously more frequent testing that is performed. The practices. The proposed more restrictive TS evaluated. proposed changes do not significantly impact changes do not physically impact the plant, 2. The proposed amendment does not the condition or performance of structures, nor do they impact any design or functional create the possibility of a new or different systems and components relied upon for requirements of the associated systems. That kind or accident from any accident is, the proposed TS changes neither degrade accident mitigation. The proposed TS previously evaluated. the performance of, nor increase the changes do not physically impact the plant, a. Surveillance Testing Interval Extensions challenges to, any safety system assumed to nor do they impact any design or functional requirements of the associated systems. The The proposed TS changes involve changes function in the safety analysis. These proposed changes do not significantly impact in the surveillance testing intervals to proposed TS changes neither impact the TS facilitate a change in the operating cycle SRs themselves nor the manner in which the any safety analysis assumptions or results. length. The proposed TS changes do not surveillances are performed. Therefore, the proposed changes do not introduce any failure mechanisms of a The proposed TS changes do not introduce involve a significant reduction in a margin of different type than those previously any failure mechanism of a different type safety. evaluated. There are no physical changes than those previously evaluated. The being made to the facility. No new or proposed changes make no physical changes The U. S. Nuclear Regulatory different equipment is being installed. No to the plant. No new or different equipment Commission (NRC) staff has reviewed installed equipment is being operated in a is being installed. No installed equipment is the licensee’s analysis and, based on different manner. As a result no new failure being operated in a different manner. this review, it appears that the three modes are introduced. The SRs themselves, A historical review of surveillance test standards of 10 CFR 50.92(c) are and the manner in which surveillance tests results and associated maintenance records satisfied. Therefore, the NRC staff are performed, remain unchanged. indicate that there is no evidence of any proposes to determine that the A historical review of surveillance test failure that would invalidate the above results and associated maintenance records conclusions. amendment request involves NSHC. indicated that there was no evidence of any Therefore, the proposed TS changes do not Attorney for licensee: Jonathan Rogoff, failure that would invalidate the above create the possibility of a new or different Esquire, Vice President, Counsel & conclusions. kind of accident from any previously Secretary, Nuclear Management Therefore, the proposed TS changes do not evaluated. Company, LLC, 700 First Street, create the possibility of a new or different 3. The proposed amendment will not Hudson, WI 54016. kind of accident from any previously involve a significant reduction in a margin of evaluated. safety. NRC Section Chief: L. Raghavan.

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Omaha Public Power District, Docket release is not risk-significant because the of radionuclides within the containment No. 50–285, Fort Calhoun Station, Unit design-basis LOCA hydrogen release does not building. No. 1, Washington County, Nebraska contribute to the conditional probability of a Therefore, this change does not create the large release up to approximately 24 hours possibility of a new or different kind of Date of amendment request: after the onset of core damage. In addition, accident from any previously evaluated. September 8, 2004. these systems were ineffective at mitigating Criterion 3—The Proposed Change Does Not Description of amendment request: hydrogen releases from risk-significant Involve a Significant Reduction in the Margin The proposed amendment deletes the accident sequences that could threaten of Safety requirements from the technical containment integrity. With the elimination of the design-basis The elimination of the hydrogen specifications (TS) to maintain recombiner requirements and relaxation of containment hydrogen monitors. LOCA hydrogen release, hydrogen monitors are no longer required to mitigate design- the hydrogen monitor requirements, Licensees were generally required to including removal of these requirements implement upgrades as described in basis accidents and, therefore, the hydrogen monitors do not meet the definition of a from TS, in light of existing plant equipment, NUREG–0737, ‘‘Clarification of TMI safety-related component as defined in 10 instrumentation, procedures, and programs [Three Mile Island] Action Plan CFR 50.2. Category 1 in RG 1.97 is intended that provide effective mitigation of and Requirements,’’ and Regulatory Guide for key variables that most directly indicate recovery from reactor accidents, results in a (RG) 1.97, ‘‘Instrumentation for Light- the accomplishment of a safety function for neutral impact to the margin of safety. Water-Cooled Nuclear Power Plants to design-basis accident events. The hydrogen The installation of hydrogen recombiners monitors no longer meet the definition of and/or vent and purge systems required by Assess Plant and Environs Conditions 10 CFR 50.44(b)(3) was intended to address During and Following an Accident.’’ Category 1 in RG 1.97. As part of the rulemaking to revise 10 CFR 50.44 the the limited quantity and rate of hydrogen Implementation of these upgrades was generation that was postulated from a design- an outcome of the lessons learned from Commission found that Category 3, as defined in RG 1.97, is an appropriate basis LOCA. The Commission has found that the accident that occurred at TMI Unit categorization for the hydrogen monitors this hydrogen release is not risk-significant 2. Requirements related to combustible because the monitors are required to because the design-basis LOCA hydrogen gas control were imposed by Order for diagnose the course of beyond design-basis release does not contribute to the conditional many facilities and were added to or accidents. probability of a large release up to included in the TS for nuclear power The regulatory requirements for the approximately 24 hours after the onset of hydrogen monitors can be relaxed without core damage. reactors currently licensed to operate. Category 3 hydrogen monitors are adequate The revised 10 CFR 50.44, ‘‘Standards degrading the plant emergency response. The emergency response, in this sense, refers to to provide rapid assessment of current for Combustible Gas Control System in reactor core conditions and the direction of Light-Water-Cooled Power Reactors,’’ the methodologies used in ascertaining the condition of the reactor core, mitigating the degradation while effectively responding to eliminated the requirements for consequences of an accident, assessing and the event in order to mitigate the hydrogen recombiners and relaxed projecting offsite releases of radioactivity, consequences of the accident. The intent of safety classifications and licensee and establishing protective action the requirements established as a result of the commitments to certain design and recommendations to be communicated to TMI Unit 2 accident can be adequately met qualification criteria for hydrogen and offsite authorities. Classification of the without reliance on safety-related hydrogen monitors. oxygen monitors. hydrogen monitors as Category 3, and removal of the hydrogen monitors from TS Therefore, this change does not involve a The NRC staff issued a notice of significant reduction in the margin of safety. availability of a model no significant will not prevent an accident management strategy through the use of the severe Removal of hydrogen monitoring from TS hazards consideration determination for will not result in a significant reduction in referencing in license amendment accident management guidelines (SAMGs), the emergency plan (EP), the emergency their functionality, reliability, and applications in the Federal Register on operating procedures (EOPs), and site survey availability. September 25, 2003 (68 FR 55416). The monitoring that support modification of Based upon the reasoning presented licensee affirmed the applicability of the emergency plan protective action above, the requested change does not relevant portions of the model NSHC recommendations (PARs). involve a significant hazards determination (TS for Fort Calhoun do Therefore, the elimination of the hydrogen consideration. not include requirements for hydrogen recombiner requirements and relaxation of Attorney for licensee: James R. recombiners) in its application dated the hydrogen monitor requirements, including removal of these requirements Curtiss, Esq., Winston & Strawn, 1400 L September 8, 2004. Street, NW., Washington, DC 20005– Basis for proposed no significant from TS, does not involve a significant increase in the probability or the 3502. hazards consideration determination: consequences of any accident previously NRC Section Chief: Robert A. Gramm. As required by 10 CFR 50.91(a), an evaluated. analysis of the issue of no significant Pacific Gas and Electric Company, Criterion 2—The Proposed Change Does Not hazards consideration is presented Docket Nos. 50–275 and 50–323, Diablo Create the Possibility of a New or Different Canyon Nuclear Power Plant, Unit Nos. below: Kind of Accident From Any Previously Criterion 1—The Proposed Change Does Not Evaluated 1 and 2, San Luis Obispo County, California Involve a Significant Increase in the The elimination of the hydrogen Probability or Consequences of an Accident recombiner requirements and relaxation of Date of amendment requests: Previously Evaluated the hydrogen monitor requirements, November 1, 2004. The revised 10 CFR 50.44 no longer defines including removal of these requirements Description of amendment requests: a design-basis loss-of-coolant accident from TS, will not result in any failure mode The requested change will delete (LOCA) hydrogen release, and eliminates not previously analyzed. The hydrogen Technical Specification (TS) 5.6.1, requirements for hydrogen control systems to recombiner and hydrogen monitor equipment ‘‘Occupational Radiation Exposure mitigate such a release. The installation of was intended to mitigate a design-basis Report,’’ and TS 5.6.4, ‘‘Monthly hydrogen recombiners and/or vent and purge hydrogen release. The hydrogen recombiner systems required by 10 CFR 50.44(b)(3) was and hydrogen monitor equipment are not Operating Reports.’’ intended to address the limited quantity and considered accident precursors, nor does The NRC staff issued a notice of rate of hydrogen generation that was their existence or elimination have any availability of a model no significant postulated from a design-basis LOCA. The adverse impact on the pre-accident state of hazards consideration (NSHC) Commission has found that this hydrogen the reactor core or post accident confinement determination for referencing in license

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amendment applications in the Federal PPL Susquehanna, LLC, Docket Nos. 50– the consequences of an accident while Register on June 23, 2004 (69 FR 35067). 387 and 50–388, Susquehanna Steam entering and relying on the required actions The licensee affirmed the applicability Electric Station, Units 1 and 2, Luzerne while starting in a condition of applicability of the model NSHC determination in its County, Pennsylvania of the TS. Therefore, the consequences of an accident previously evaluated are not application dated November 1, 2004. Date of amendment request: significantly affected by this change. The Basis for proposed no significant September 22, 2004. addition of a requirement to assess and hazards consideration determination: Description of amendment request: manage the risk introduced by this change As required by 10 CFR 50.91(a), an The proposed change allows entry into will further minimize possible concerns. analysis of the issue of no significant a mode or other specified condition in Therefore, this change does not involve a significant increase in the probability or hazards consideration is presented the applicability of a Technical consequences of an accident previously below: Specification (TS), while in a condition evaluated. statement and the associated required 1. Does the proposed change involve a Criterion 2—The Proposed Change Does Not significant increase in the probability or actions of the TS, provided the licensee Create the Possibility of a New or Different consequences of an accident previously performs a risk assessment and manages Kind of Accident From Any Previously evaluated? risk consistent with the program in Evaluated Response: No. place for complying with the The proposed change does not involve a The proposed change eliminates the requirements of Title 10 of the Code of physical alteration of the plant (no new or Technical Specifications (TSs) reporting Federal Regulations (10 CFR), part 50, different type of equipment will be installed). requirements to provide a monthly operating § 50.65(a)(4). Limiting Condition for Entering into a mode or other specified letter report of shutdown experience and Operation (LCO) 3.0.4 exceptions in condition in the applicability of a TS, while operating statistics if the equivalent data is individual TSs would be eliminated, in a TS condition statement and the submitted using an industry electronic several notes or specific exceptions are associated required actions of the TS, will database. It also eliminates the TS reporting revised to reflect the related changes to not introduce new failure modes or effects requirement for an annual occupational and will not, in the absence of other radiation exposure report, which provides LCO 3.0.4, and Surveillance unrelated failures, lead to an accident whose information beyond that specified in NRC Requirement (SR) 3.0.4 is revised to consequences exceed the consequences of regulations. The proposed change involves reflect the LCO 3.0.4 allowance. accidents previously evaluated. The addition no changes to plant systems or accident This change was proposed by the of a requirement to assess and manage the analyses. As such, the change is industry’s Technical Specification Task risk introduced by this change will further administrative in nature and does not affect Force (TSTF) and is designated TSTF– minimize possible concerns. Thus, this initiators of analyzed events or assumed 359. The NRC staff issued a notice of change does not create the possibility of a mitigation of accidents or transients. opportunity for comment in the Federal new or different kind of accident from an Therefore, the proposed change does not Register on August 2, 2002 (67 FR accident previously evaluated. involve a significant increase in the 50475), on possible amendments Criterion 3—The Proposed Change Does Not probability or consequences of an accident concerning TSTF–359, including a Involve a Significant Reduction in a Margin previously evaluated. model safety evaluation and model no of Safety 2. Does the proposed change create the significant hazards consideration The proposed change allows entry into a possibility of a new or different kind of (NSHC) determination, using the mode or other specified condition in the accident from any accident previously applicability of a TS, while in a TS condition evaluated? consolidated line item improvement statement and the associated required actions Response: No. process. The NRC staff subsequently of the TS. The TS allow operation of the The proposed change does not involve a issued a notice of availability of the plant without the full complement of physical alteration of the plant, add any new models for referencing in license equipment through the conditions for not equipment, or require any existing amendment applications in the Federal meeting the TS LCO. The risk associated with equipment to be operated in a manner Register on April 4, 2003 (68 FR 16579). this allowance is managed by the imposition different from the present design. Therefore, The licensee affirmed the applicability of required actions that must be performed the proposed change does not create the of the following NSHC determination in within the prescribed completion times. The possibility of a new or different kind of net effect of being in a TS condition on the its application dated September 22, margin of safety is not considered significant. accident from any accident previously 2004. evaluated. The proposed change does not alter the Basis for proposed no significant 3. Does the proposed change involve a required actions or completion times of the significant reduction in a margin of safety? hazards consideration determination: TS. The proposed change allows TS Response: No. As required by 10 CFR 50.91(a), an conditions to be entered, and the associated This is an administrative change to analysis of the issue of no significant required actions and completion times to be reporting requirements of plant operating hazards consideration is presented used in new circumstances. This use is information and occupational radiation below: predicated upon the licensee’s performance exposure data, and has no effect on plant of a risk assessment and the management of Criterion 1—The Proposed Change Does Not plant risk. The change also eliminates current equipment, operating practices or safety Involve a Significant Increase in the allowances for utilizing required actions and analyses assumptions. For these reasons, the Probability or Consequences of an Accident completion times in similar circumstances, proposed change does not involve a Previously Evaluated without assessing and managing risk. The net significant reduction in the margin of safety. The proposed change allows entry into a change to the margin of safety is Based upon the reasoning presented mode or other specified condition in the insignificant. Therefore, this change does not involve a significant reduction in a margin of above, the requested change does not applicability of a TS, while in a TS condition statement and the associated required actions safety. involve a significant hazards of the TS. Being in a TS condition and the The NRC staff proposes to determine consideration. associated required actions is not an initiator that the amendment request involves no Attorney for licensee: Richard F. of any accident previously evaluated. Therefore, the probability of an accident significant hazards consideration. Locke, Esq., Pacific Gas and Electric Attorney for licensee: Bryan A. Snapp, Company, P.O. Box 7442, San previously evaluated is not significantly increased. The consequences of an accident Esquire, Assoc. General Counsel, PPL Francisco, California 94120. while relying on required actions as allowed Services Corporation, 2 North Ninth St., NRC Section Chief: Robert A. Gramm. by proposed LCO 3.0.4, are no different than GENTW3, Allentown, PA 18101–1179.

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NRC Section Chief: Richard J. Laufer. determination in its application dated including removal of these requirements December 10, 2004. from TS, does not involve a significant Southern California Edison Company, et Basis for proposed no significant increase in the probability or the al., Docket Nos. 50–361 and 50–362, hazards consideration determination: consequences of any accident previously San Onofre Nuclear Generating Station, evaluated. As required by 10 CFR 50.91(a), an Units 2 and 3, San Diego County, analysis of the issue of no significant Criterion 2—The Proposed Change Does Not California hazards consideration is presented Create the Possibility of a New or Different Date of amendment requests: Kind of Accident From Any Previously below: Evaluated December 10, 2004. Criterion 1—The Proposed Change Does Not Description of amendment requests: The elimination of the hydrogen Involve a Significant Increase in the recombiner requirements and relaxation of The proposed amendment will delete Probability or Consequences of an Accident the requirements from the Technical the hydrogen monitor requirements, Previously Evaluated including removal of these requirements Specifications (TS) to maintain The revised 10 CFR 50.44 no longer defines from TS, will not result in any failure mode hydrogen recombiners and hydrogen a design-basis loss-of-coolant accident not previously analyzed. The hydrogen monitors. Licensees were generally (LOCA) hydrogen release, and eliminates recombiner and hydrogen monitor equipment required to implement upgrades as requirements for hydrogen control systems to was intended to mitigate a design-basis described in NUREG–0737, mitigate such a release. The installation of hydrogen release. The hydrogen recombiner ‘‘Clarification of TMI [Three Mile hydrogen recombiners and/or vent and purge and hydrogen monitor equipment are not Island] Action Plan Requirements,’’ and systems required by 10 CFR 50.44(b)(3) was considered accident precursors, nor does Regulatory Guide (RG) 1.97, intended to address the limited quantity and their existence or elimination have any adverse impact on the pre-accident state of ‘‘Instrumentation for Light-Water- rate of hydrogen generation that was postulated from a design-basis LOCA. The the reactor core or post accident confinement Cooled Nuclear Power Plants to Assess Commission has found that this hydrogen of radionuclides within the containment Plant and Environs Conditions During release is not risk-significant because the building. and Following an Accident.’’ design-basis LOCA hydrogen release does not Therefore, this change does not create the Implementation of these upgrades was contribute to the conditional probability of a possibility of a new or different kind of an outcome of the lessons learned from large release up to approximately 24 hours accident from any previously evaluated. the accident that occurred at TMI Unit after the onset of core damage. In addition, Criterion 3—The Proposed Change Does Not 2. Requirements related to combustible these systems were ineffective at mitigating Involve a Significant Reduction in the Margin gas control were imposed by Order for hydrogen releases from risk-significant of Safety accident sequences that could threaten many facilities and were added to or The elimination of the hydrogen containment integrity. recombiner requirements and relaxation of included in the TS for nuclear power With the elimination of the design-basis the hydrogen monitor requirements, reactors currently licensed to operate. LOCA hydrogen release, hydrogen monitors including removal of these requirements The revised § 50.44 of Title 10 of the are no longer required to mitigate design- from TS, in light of existing plant equipment, Code of Federal Regulations (10 CFR), basis accidents and, therefore, the hydrogen instrumentation, procedures, and programs ‘‘Standards for Combustible Gas Control monitors do not meet the definition of a that provide effective mitigation of and System in Light-Water-Cooled Power safety-related component as defined in 10 recovery from reactor accidents, results in a Reactors,’’ eliminated the requirements CFR 50.2. RG 1.97 Category 1, is intended for neutral impact to the margin of safety. for hydrogen recombiners and relaxed key variables that most directly indicate the The installation of hydrogen recombiners safety classifications and licensee accomplishment of a safety function for and/or vent and purge systems required by design-basis accident events. The hydrogen commitments to certain design and 10 CFR 50.44(b)(3) was intended to address monitors no longer meet the definition of the limited quantity and rate of hydrogen qualification criteria for hydrogen and Category 1 in RG 1.97. As part of the oxygen monitors. generation that was postulated from a design- rulemaking to revise 10 CFR 50.44 the basis LOCA. The Commission has found that The proposed license amendment will Commission found that Category 3, as this hydrogen release is not risk-significant revise TS 3.3.11, ‘‘Post Accident defined in RG 1.97, is an appropriate because the design-basis LOCA hydrogen Monitoring Instrumentation (PAMI),’’ to categorization for the hydrogen monitors release does not contribute to the conditional delete the Note in Condition C. Also in because the monitors are required to probability of a large release up to TS 3.3.11, Condition D will be deleted. diagnose the course of beyond design-basis approximately 24 hours after the onset of In TS Table 3.3.11–1, Item 10, accidents. core damage. The regulatory requirements for the Category 3 hydrogen monitors are adequate ‘‘Containment Hydrogen Monitors,’’ is hydrogen monitors can be relaxed without deleted. Other TS changes included in to provide rapid assessment of current degrading the plant emergency response. The reactor core conditions and the direction of this application are limited to emergency response, in this sense, refers to degradation while effectively responding to renumbering and formatting changes the methodologies used in ascertaining the the event in order to mitigate the that resulted directly from the deletion condition of the reactor core, mitigating the consequences of the accident. The intent of of the above requirements related to consequences of an accident, assessing and the requirements established as a result of the hydrogen monitors. The changes to TS projecting offsite releases of radioactivity, TMI, Unit 2 accident can be adequately met requirements result in changes to and establishing protective action without reliance on safety-related hydrogen recommendations to be communicated to monitors. various TS Bases sections. The TS Bases offsite authorities. Classification of the changes will be submitted with a future hydrogen monitors as Category 3, and Therefore, this change does not update in accordance with TS 5.4.4, removal of the hydrogen monitors from TS involve a significant reduction in the ‘‘Technical Specifications (TS) Bases will not prevent an accident management margin of safety. Removal of hydrogen Control.’’ strategy through the use of the SAMGs monitoring from TS will not result in a The NRC staff issued a notice of [severe accident management guidelines], the significant reduction in their availability of a model no significant emergency plan (EP), the emergency functionality, reliability, and hazards consideration (NSHC) operating procedures (EOP), and site survey availability. monitoring that support modification of determination for referencing in license emergency plan protective action Based upon the reasoning presented amendment applications in the Federal recommendations (PARs). above and the previous discussion of Register on September 25, 2003 (68 FR Therefore, the elimination of the hydrogen the amendment request, the requested 55416). The licensee affirmed the recombiner requirements and relaxation of change does not involve a significant applicability of the model NSHC the hydrogen monitor requirements, hazards consideration.

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Attorney for licensee: Douglas K. previously evaluated in Chapter 15 of the not create the possibility of a new or different Porter, Esquire, Southern California Updated Final Safety Analysis Report kind of accident from any previously Edison Company, 2244 Walnut Grove (UFSAR). evaluated. Avenue, Rosemead, California 91770. The above conclusion is supported by LCOs 3.8.1, 3.8.4, 3.8.5, 3.8.6, 3.8.7, and NRC Section Chief: Robert A. Gramm. Probabilistic Risk Analysis (PRA) evaluation 3.8.9 are revised to incorporate editorial which encompasses all accidents, including changes. Since these changes do not affect Southern California Edison Company, et UFSAR Chapter 15. plant design but enhance clarity, these al., Docket Nos. 50–361 and 50–362, Modification to the Frequency for modifications do not create the possibility of San Onofre Nuclear Generating Station, Surveillance Requirement (SR) 3.8.6.1 is a new or different kind of accident from any consistent with the recommendations of Units 2 and 3, San Diego County, previously evaluated. TSTF 360 Rev. 1 and IEEE 450–2002, and Therefore, operation of the facility in California similarly does not impact safety accordance with this proposed change will Date of amendment requests: considerations. not create the possibility of new or different December 17, 2004. Further changes are made of an editorial kind of accident from any accident Description of amendment requests: nature or provide clarification only. For previously evaluated. The proposed amendments would example, discussions regarding electrical 3. Will operation of the facility in ‘Trains’ and ‘Subsystems’ will be in more accordance with this proposed change revise Technical Specification (TS) conventional terminology. Limiting 3.8.1, ‘‘AC Sources—Operating,’’ TS involve a significant reduction in a margin of Condition for Operations (LCOs) affected by safety? 3.8.4, ‘‘DC Sources—Operating,’’ TS editorial changes include 3.8.1, 3.8.4, 3.8.5, Response: No. 3.8.5, ‘‘DC Sources—Shutdown,’’ TS 3.8.6, 3.8.7, and 3.8.9. The proposed change does not alter the 3.8.6, ‘‘Battery Cell Parameters,’’ TS Enhancements from TSTF–360, Rev. 1 and bases for assurance that safety-related 3.8.7, ‘‘Inverters—Operating,’’ and TS IEEE 450–2002 have been incorporated into activities are performed correctly or the basis 3.8.9, ‘‘Distribution Systems— LCOs 3.8.4 and 3.8.6. TSTF–360, Rev. 1 was for any Technical Specification that is related Operating.’’ This change will also add a previously approved by the NRC, and IEEE to the establishment of or maintenance of a new Battery Monitoring and 450–2002 includes industry-generic safety margin. Specifically, battery sizing recommendations. calculations continue to show that new Maintenance Program, section 5.5.2.16. The changes being proposed do not affect The proposed change will provide upgraded capacity batteries will meet the assumptions contained in other safety most limiting load profile that includes operational flexibility to credit DC analyses or the physical design of the plant margin for growth, with aging and electrical subsystem design upgrades other than the upgrades of the electrical temperature correction. Battery modified that are in progress. These upgrades will systems described in this change, nor do they performance discharge testing will provide increased capacity batteries, affect other Technical Specifications that demonstrate on an on-going basis that battery additional battery chargers, and the preserve safety analysis assumptions. capacity will be greater than or equal to 80% means to cross-connect DC subsystems Therefore, operation of the facility in of original design requirements at all times while meeting all design battery loading accordance with the proposed amendment during service life and that the service would not involve a significant increase in profiles will be met as is currently required requirements. With these modifications the probability or consequences of an in place, it will be feasible to perform by Surveillance Requirements 3.8.4.7 and accident previously analyzed. 3.8.4.8. The addition of the DC cross-tie routine surveillance as well as battery 2. Will operation of the facility in capability proposed for LCO 3.8.4 will ensure replacements online. accordance with this proposed change create appropriate operations of the DC buses Basis for proposed no significant the possibility of new or different kind of during maintenance activities such as battery hazards consideration determination: accident from any accident previously testing or replacement. Enhancements from As required by 10 CFR 50.91(a), the evaluated? TSTF–360, Rev. 1 and IEEE 450–2002 have licensee has provided its analysis of the Response: No. been incorporated into LCOs 3.8.4 and 3.8.6. issue of no significant hazards The proposed change to Technical TSTF–360, Rev. 1 is previously approved and consideration, which is presented Specifications 3.8.4 will enable the cross-tie IEEE 450–2002 includes industry-generic of subsystems. New equipment, swing battery below: recommendations. Enhancements including chargers, distribution panels, and associated surveillance intervals or required completion 1. Will operation of the facility in protective devices are added to increase times will not involve a significant reduction accordance with this proposed change overall DC system reliability. Both in a margin of safety. involve a significant increase in the administrative and mechanical controls will Also, LCOs 3.8.1, 3.8.4, 3.8.5, 3.8.6, 3.8.7, probability or consequences of an accident be in place to ensure the design and and 3.8.9 are revised to incorporate editorial previously evaluated? operation of the DC distribution systems changes. Since these changes do not affect Response: No. continue to perform to applicable design plant design or operations but should The proposed changes to Technical standards. During cross connecting of enhance clarity, these modifications would Specifications (TS) 3.8.4 and 3.8.6 would subsystem buses, two batteries would be not involve a significant reduction in margin allow extension of the Completion Time (CT) paralleled for a short duration. An electrical of safety. for inoperable Direct Current (DC) fault during that duration could exceed the Therefore, operation of the facility in distribution subsystems to manually cross- interrupting duties of the protective devices. accordance with the proposed amendment connect DC distribution buses of the same This is standard industry practice during would not involve a significant reduction in safety train of the operating unit for a period transfer of power sources and is considered a margin of safety. of 30 days. Currently the CT only allows for to be an acceptable minimal risk. For 2 hours to ascertain the source of the problem example, the design of the 1E 4kV power The NRC staff has reviewed the before a controlled shutdown is initiated. system is based on this practice as well. licensee’s analysis and, based on this Loss of a DC subsystem is not an initiator of Therefore, the addition of new equipment review, it appears that the three an event. However, complete loss of a Train does not create the possibility of a new or standards of 10 CFR 50.92(c) are A (subsystems A and C) or Train B different kind of accident from any satisfied. Therefore, the NRC staff (subsystems B and D) DC system would previously evaluated. proposes to determine that the initiate a plant transient/plant trip. Enhancements from TSTF–360, Rev. 1 and amendment requests involve no Operation of a DC Train in cross-connected IEEE 450–2002 have been incorporated into configuration does not affect the quality of LCOs 3.8.4 and 3.8.6. TSTF–360, Rev. 1 is significant hazards consideration. DC control and motive power to any system. previously approved and IEEE 450–2002 Attorney for licensee: Douglas K. Therefore, allowing the cross-connect of DC includes industry-generic recommendations. Porter, Esquire, Southern California distribution systems does not significantly Enhancements, including surveillance Edison Company, 2244 Walnut Grove increase the probability of an accident intervals or required completion times, will Avenue, Rosemead, California 91770.

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NRC Section Chief: Robert A. Gramm. the consequences of an accident while Peachtree Street, NE., Atlanta, Georgia entering and relying on the required actions 30308–2216. Southern Nuclear Operating Company, while starting in a condition of applicability NRC Section Chief: John A. Nakoski. Inc., et al., Docket Nos. 50–424 and 50– of the TS. Therefore, the consequences of an 425, Vogtle Electric Generating Plant, accident previously evaluated are not Tennessee Valley Authority, Docket No. Units 1 and 2, Burke County, Georgia significantly affected by this change. The 50–259, Browns Ferry Nuclear Plant, Date of amendment request: October addition of a requirement to assess and Unit 1, Limestone County, Alabama manage the risk introduced by this change 26, 2004. will further minimize possible concerns. Date of amendment request: Description of amendment request: Therefore, this change does not involve a December 6, 2004 (TS 426). The proposed change allows entry into significant increase in the probability or Description of amendment request: a mode or other specified condition in consequences of an accident previously The proposed amendment would revise the applicability of a Technical evaluated. the current Unit 1 Diesel Generators Specification (TS), while in a condition Criterion 2—The Proposed Change Does Not (DG) Allowed Outage Time (AOT) in the statement and the associated required Create the Possibility of a New or Different Technical Specifications (TS). actions of the TS, provided the licensee Kind of Accident From Any Previously Basis for proposed no significant performs a risk assessment and manages Evaluated hazards consideration determination: risk consistent with the program in The proposed change does not involve a As required by 10 CFR 50.91(a), the place for complying with the physical alteration of the plant (no new or licensee has provided its analysis of the requirements of title 10 of the Code of different type of equipment will be installed). issue of no significant hazards Federal Regulations (10 CFR) part 50, Entering into a mode or other specified consideration, which is presented condition in the applicability of a TS, while § 50.65(a)(4). Limiting Condition for below: Operation (LCO) 3.0.4 exceptions in in a TS condition statement and the individual TSs would be eliminated, associated required actions of the TS, will 1. Does the proposed amendment involve not introduce new failure modes or effects a significant increase in the probability or several notes or specific exceptions are and will not, in the absence of other consequences of an accident previously revised to reflect the related changes to unrelated failures, lead to an accident whose evaluated? LCO 3.0.4, and Surveillance consequences exceed the consequences of No. The DGs are designed as backup AC Requirement 3.0.4 is revised to reflect accidents previously evaluated. The addition power sources in the event of loss of offsite the LCO 3.0.4 allowance. of a requirement to assess and manage the power. The proposed DG TS AOT does not This change was proposed by the risk introduced by this change will further change the conditions, operating industry’s Technical Specification Task minimize possible concerns. Thus, this configurations, or minimum amount of Force (TSTF) and is designated TSTF– change does not create the possibility of a operating equipment assumed in the safety 359. The NRC staff issued a notice of new or different kind of accident from an analysis for accident mitigation. No changes opportunity for comment in the Federal accident previously evaluated. are proposed in the manner in which the DGs Criterion 3—The Proposed Change Does Not provide plant protection or which create new Register on August 2, 2002 (67 FR modes of plant operation. In addition, a PSA 50475), on possible amendments Involve a Significant Reduction in a Margin of Safety [probabilistic safety assessment] evaluation concerning TSTF–359, including a concluded that the risk contribution of the model safety evaluation and model no The proposed change allows entry into a DG TS AOT extension is non-risk significant. significant hazards consideration mode or other specified condition in the Therefore, the proposed amendment does not (NSHC) determination, using the applicability of a TS, while in a TS condition involve a significant increase in the statement and the associated required actions consolidated line item improvement probability or consequences of an accident of the TS. The TS allow operation of the previously evaluated. process. The NRC staff subsequently plant without the full complement of issued a notice of availability of the 2. Does the proposed amendment create equipment through the conditions for not the possibility of a new or different kind of models for referencing in license meeting the TS LCO. The risk associated with accident from any accident previously amendment applications in the Federal this allowance is managed by the imposition evaluated? Register on April 4, 2003 (68 FR 16579). of required actions that must be performed No. The proposed amendment does not The licensee affirmed the applicability within the prescribed completion times. The introduce new equipment, which could of the following NSHC determination in net effect of being in a TS condition on the create a new or different kind of accident. No its application dated October 26, 2004. margin of safety is not considered significant. new external threats, release pathways, or Basis for proposed no significant The proposed change does not alter the equipment failure modes are created. required actions or completion times of the hazards consideration determination: Therefore, the implementation of the TS. The proposed change allows TS proposed amendment will not create a As required by 10 CFR 50.91(a), an conditions to be entered, and the associated analysis of the issue of no significant possibility for an accident of a new or required actions and completion times to be different type than those previously hazards consideration is presented used in new circumstances. This use is evaluated. below: predicated upon the licensee’s performance 3. Does the proposed amendment involve Criterion 1—The Proposed Change Does Not of a risk assessment and the management of a significant reduction in a margin of safety? Involve a Significant Increase in the plant risk. The change also eliminates current No. BFN’s emergency AC system is Probability or Consequences of an Accident allowances for utilizing required actions and designed with sufficient redundancy such Previously Evaluated completion times in similar circumstances, that a DG may be removed from service for without assessing and managing risk. The net The proposed change allows entry into a maintenance or testing. The remaining DGs change to the margin of safety is are capable of carrying sufficient electrical mode or other specified condition in the insignificant. Therefore, this change does not applicability of a TS, while in a TS condition loads to satisfy the UFSAR [Updated Final involve a significant reduction in a margin of Safety Analysis Report] requirements for statement and the associated required actions safety. of the TS. Being in a TS condition and the accident mitigation or unit safe shutdown. associated required actions is not an initiator The NRC staff proposes to determine The NRC staff has reviewed the of any accident previously evaluated. that the amendment request involves no licensee’s analysis and, based on this Therefore, the probability of an accident significant hazards consideration. previously evaluated is not significantly review, it appears that the three increased. The consequences of an accident Attorney for licensee: Mr. Arthur H. standards of 10 CFR 50.92(c) are while relying on required actions as allowed Domby, Troutman Sanders, satisfied. Therefore, the NRC staff by proposed LCO 3.0.4, are no different than NationsBank Plaza, Suite 5200, 600 proposes to determine that the

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amendment request involves no introduced by this change. Therefore, the event evaluation and the postulated steam significant hazards consideration. proposed change does not create the line break (SLB) accident evaluation. Loss-of- Attorney for licensee: General possibility of a new or different kind of coolant accident (LOCA) conditions cause a Counsel, Tennessee Valley Authority, accident from any previously evaluated. compressive axial load to act on the tube. 400 West Summit Hill Drive, ET 11A, 3. Does the proposed change involve a Therefore, since the LOCA tends to force the significant reduction in a margin of safety? tube into the tubesheet rather than pull it out, Knoxville, Tennessee 37902. No. The proposed curves conform to the it is not a factor in this amendment request. NRC Section Chief: Michael L. guidance contained in Regulatory Guide (RG) Another faulted load consideration is a safe Marshall, Jr. 1.190, ‘‘Calculational and Dosimetry Methods shutdown earthquake (SSE); however, the Tennessee Valley Authority, Docket No. for Determining Pressure Vessel Neutron seismic analysis of Westinghouse 51 series SGs has shown that axial loading of the tubes 50–259, Browns Ferry Nuclear Plant Fluence,’’ and maintain the safety margins specified in 10 CFR 50 Appendix G. is negligible during an SSE. (BFN), Unit 1, Limestone County, Therefore, the proposed change does not TVA’s amendment request takes credit for Alabama involve a significant reduction in a margin of how the tubesheet enhances the tube Date of amendment request: safety. integrity in the Westinghouse Electric Company explosive tube expansion December 6, 2004 (TS 428). The NRC staff has reviewed the Description of amendment request: (WEXTEX) region by precluding tube licensee’s analysis and, based on this deformation beyond its initial expanded The proposed amendment would revise review, it appears that the three outside diameter. For the SGTR and SLB the reactor vessel Pressure-Temperature standards of 10 CFR 50.92(c) are events, the required structural margins of the (P–T) curves depicted in the Technical satisfied. Therefore, the NRC staff SG tubes will be maintained due to the Specification (TS) Figure 3.4.9–1 and proposes to determine that the presence of the tubesheet. Tube rupture is adds a new TS Figure 3.4.9–2. amendment request involves no precluded for axial cracks in the WEXTEX Basis for proposed no significant significant hazards consideration. region due to the constraint provided by the hazards consideration determination: tubesheet. Therefore, the normal operating Attorney for licensee: General 3DP margin and the postulated accident As required by 10 CFR 50.91(a), the Counsel, Tennessee Valley Authority, licensee has provided its analysis of the 1.43DP margin against burst are maintained. 400 West Summit Hill Drive, ET 11A, The W* length supplies the necessary issue of no significant hazards Knoxville, Tennessee 37902. resistive force to preclude pullout loads consideration, which is presented NRC Section Chief: Michael L. under both normal operating and accident below: Marshall, Jr. conditions. The contact pressure results from 1. Does the proposed change involve a the WEXTEX expansion process, thermal significant increase in the probability or Tennessee Valley Authority (TVA), expansion mismatch between the tube and consequences of an accident previously Docket No. 50–328, Sequoyah Nuclear tubesheet, and from the differential pressure evaluated? Plant, Unit 2, Hamilton County, between the primary and secondary side. No. The proposed changes deal exclusively Tennessee Therefore, the proposed change results in no significant increase in the probability or the with the reactor vessel P–T curves, which Date of amendment request: define the permissible regions for operation occurrence of an SGTR or SLB accident. and testing. Failure of the reactor vessel is December 2, 2004. The proposed changes do not affect other not considered as a design basis accident. Description of amendment request: systems, structures, components or Through the design conservatisms used to The proposed amendment would revise operational features. Therefore, based on the calculate the P–T curves, reactor vessel Technical Specification (TS) 3/4.4.5, above evaluation, the proposed changes do failure has a low probability of occurrence ‘‘Steam Generators,’’ including not involve a significant increase in the and is not considered in the safety analyses. associated Bases 3/4.4.5 to change the probability of an accident previously The proposed changes adjust the reference inspection scope of steam generator evaluated. temperature for the limiting material to tubing in the Westinghouse Electric The consequences of an SGTR event are account for irradiation effects and provide primarily affected by the primary-to- the same level of protection as previously Company explosive tube expansion secondary flow rate and the time duration of evaluated and approved. region below the top of the tubesheet. the primary-to-secondary flow during the The adjusted reference temperature Additionally, the proposed TS change event. Primary-to-secondary flow rate calculations were performed in accordance removes the axial primary water stress through a postulated ruptured tube (i.e., with the requirements of 10 CFR 50 corrosion cracking at dented tube complete severance of a single SG tube) is not Appendix G using the guidance contained in support plate alternate repair criteria affected by the proposed change since the Regulatory Guide 1.190, ‘‘Calculational and and the associated note for the flow rate is based on the inside diameter of Dosimetry Methods for Determining Pressure exclusion made for Unit 2 Cycle 12 a SG tube and the pressure differential. Vessel Neutron Fluence,’’ to reflect use of the operation only and changes the current TVA’s amendment request does not change operating limits to no more than 16 Effective either of these. The duration of primary-to- Full Power Years (EFPY). These changes do definition of plugging limit to exclude secondary leakage is based on the time not alter or prevent the operation of possible indications below the W* required for an operator to determine that a equipment required to mitigate any accident distance. SGTR has occurred, the time to identify and analyzed in the BFN Final Safety Analysis Basis for proposed no significant isolate the faulty SG, and ensure termination Report. hazards consideration determination: of radioactive release to the atmosphere from Therefore, the proposed change does not As required by 10 CFR 50.91(a), the the faulty SG. TVA’s amendment request involve a significant increase in the licensee has provided its analysis of the does not affect the duration of the primary- probability or consequences of an accident issue of no significant hazards to-secondary leakage because it does not previously evaluated. consideration, which is presented change the control room indicators with 2. Does the proposed change create the which an operator would determine that an possibility of a new or different kind of below: SGTR has occurred. The consequences of an accident from any accident previously 1. Does the proposed change involve a SGTR are secondarily affected by primary-to- evaluated? significant increase in the probability or secondary leakage, which could occur due to No. The proposed changes to the reactor consequences of an accident previously axial cracks remaining in service in the vessel P–T curves do not involve a evaluated? WEXTEX region in a non-faulted SG. During modification to plant equipment. No new Response: No. a SGTR, the primary-to-secondary differential failure modes are introduced. There is no Of the various accidents previously pressure is less than or equal to the normal effect on the function of any plant system, evaluated, the proposed changes only affect operating differential pressure; therefore, the and no new system interactions are the steam generator tube rupture (SGTR) primary-to-secondary leakage due to axial

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cracks in the WEXTEX region of a non- The amendment request maintains the As required by 10 CFR 50.91(a), the faulted SG during a SGTR would be less than structural margins of the SG tubes for both licensee has provided its analysis of the or equal to the primary-to-secondary leakage normal and accident conditions that are issue of no significant hazards experienced during normal operation. required by Regulatory Guide 1.121. consideration, which is presented Primary-to-secondary leakage is considered For cracking located within the tubesheet, in the calculation determining the tube burst is precluded due to the presence below: consequences of a SGTR and the value is of the tubesheet. WCAP–14797 defines a 1. Does the proposed change involve a bounding. length, W*, of degradation free expanded significant increase in the probability or The postulated SLB has the greatest tubing that provides the necessary resistance consequences of an accident previously primary-to-secondary pressure differential, to tube pullout due to the pressure induced evaluated? and therefore could experience the greatest forces (with applicable safety factor applied). Response: No. primary-to-secondary leakage. TVA’s Application of the W* methodology will The relocation and enhancement of the amendment request requires the aggregate preclude unacceptable primary-to-secondary loss of power functions to a new LCO does leakage, (i.e., the combined leakage for the leakage during all plant conditions. The not alter the intended functions of this tubes with service induced degradation methodology for determining leakage feature or physically alter these systems. provides for large margins between inside the tubesheet) plus the combined Changes to Avs [allowable values] have been calculated and actual leakage values in the leakage developed by other ARC [alternate evaluated in accordance with TVA W* criteria. TVA’s proposed change to repair criteria], to remain below the [Tennessee Valley Authority] setpoint remove PWSCC ARC from the TS does not maximum allowable SLB primary-to- methodology and have been verified to secondary leakage rate limit such that the compromise structural integrity or leakage integrity of SG tubes. acceptably protect the associated safety doses are maintained to less than a fraction limits. Format changes provide a clearer of the 10 CFR 100 limits and also less than Based on the above, it is concluded that the proposed changes do not result in a representation of the requirements and the general design criteria (GDC)—19 limits. provide more consistency with the standard TVA’s proposed change also removes the significant reduction of margin with respect to plant safety as defined in the safety TSs [Technical Specifications] in NUREG– existing axial PWSCC [primary water stress 1431. The EDG [emergency diesel generator] corrosion cracking] at dented tube support analysis report or TSs. and AFW [auxiliary feedwater] start plate ARC and removes the exclusion made Therefore, the proposed change does not functions provided by this instrumentation for Unit 2 Cycle 12 operation only from the involve a significant reduction in a margin of are utilized for the mitigation of accident TS. This ARC was not used on Unit 2 and safety. conditions and are not considered to be a was only intended through the Unit 2 Cycle The NRC staff has reviewed the potential source for accident generation. 12 operation. Therefore, this change is licensee’s analysis and, based on this Additionally, these start functions are inherently more conservative. review, it appears that the three enhanced by the addition of an upper Therefore, the proposed change does not standards of 10 CFR 50.92(c) are allowable value limit such that the accident involve a significant increase in the satisfied. Therefore, the NRC staff mitigation functions are not challenged probability or consequences of an accident unnecessarily. This further assures the ability previously evaluated. proposes to determine that the 2. Does the proposed change create the amendment request involves no to mitigate accidents and maintain acceptable possibility of a new or different kind of significant hazards consideration. offsite dose limits. These changes continue to accident from any accident previously Attorney for licensee: General support or improve the required safety evaluated? Counsel, Tennessee Valley Authority, functions; therefore, the proposed change Response: No. 400 West Summit Hill Drive, ET 11A, does not involve a significant increase in the TVA’s amendment request does not Knoxville, Tennessee 37902. probability or consequences of an accident introduce any physical changes to the NRC Section Chief: Michael L. previously evaluated. 2. Does the proposed change create the Sequoyah Unit 2 SGs. TVA’s amendment Marshall, Jr. request takes credit for how the tubesheet possibility of a new or different kind of enhances the SG tube integrity in the Tennessee Valley Authority, Docket accident from any accident previously WEXTEX region by precluding tube Nos. 50–327 and 50–328, Sequoyah evaluated? deformation beyond its initial expanded Nuclear Plant, Units 1 and 2, Hamilton Response: No. outside. Removal of the existing PWSCC County, Tennessee The proposed changes for the loss of power axial at dented tube support plate ARC instrumentation will not alter plant incorporates the more conservative TS limit Date of amendment request: processes, components, or operating for SG tube plugging. A failure to meet SG September 30, 2004. practices. The function to start the EDGs and tube integrity results in an SGTR. Because Description of amendment request: AFW pumps on a loss of voltage or degraded degradation detected within the WEXTEX The proposed amendment would revise voltage to the shutdown boards will not be region are required to be plugged, it is highly the technical specifications to relocate altered by the proposed change. unlikely that a W* tube would fail as a result the requirements for the emergency Additionally, the EDGs and AFW system is of a circumferential defect. Therefore a tube diesel generator start loss of power not considered to be a source for the severance, which would strike neighboring instrumentation and associated actions generation of postulated accidents. Therefore, the proposed change does not create the tubes and create a multiple tube rupture, is in the engineering safety features tables not credible. possibility of a new or different kind of The proposed change does not introduce to a new limiting conditions for accident from any previously evaluated. any new equipment or any change to existing operation (LCO). In addition, an upper 3. Does the proposed change involve a equipment. No new effects on existing allowable value has been added to the significant reduction in a margin of safety? equipment are created. voltage sensors for loss of voltage and Response: No. Based on the above evaluation, the degraded voltage consistent with The proposed changes do not alter any proposed changes do not create the Technical Specification Task Force plant settings or functions that are utilized to possibility of a new or different kind of (TSTF) Item TSTF–365 along with a mitigate accident conditions. The enhanced accident from any accident previously lower allowable value limit for the allowable values for the voltage sensors help evaluated. degraded voltage diesel generator start to prevent unnecessary actuation of Therefore, the proposed change does not mitigation systems to ensure their ability to create the possibility of a new or different and load shed timer. The auxiliary respond to actual accident conditions. The kind of accident from any previously feedwater loss of power start setpoints parameters that ensure the required margin of evaluated. and allowable values have been safety will be maintained with the proposed 3. Does the proposed change involve a relocated to this new LCO. changes or improved. Therefore, the significant reduction in a margin of safety? Basis for proposed no significant proposed change does not involve a Response: No. hazards consideration determination: significant reduction in a margin of safety.

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The NRC staff has reviewed the Criterion 1—The Proposed Change Does Not plant risk. The change also eliminates current licensee’s analysis and, based on this Involve a Significant Increase in the allowances for utilizing required actions and review, it appears that the three Probability or Consequences of an Accident completion times in similar circumstances, standards of 10 CFR 50.92(c) are Previously Evaluated without assessing and managing risk. The net The proposed change allows entry into a change to the margin of safety is satisfied. Therefore, the NRC staff insignificant. Therefore, this change does not proposes to determine that the mode or other specified condition in the applicability of a TS, while in a TS condition involve a significant reduction in a margin of amendment request involves no statement and the associated required actions safety. significant hazards consideration. of the TS. Being in a TS condition and the The NRC staff proposes to determine Attorney for licensee: General associated required actions is not an initiator that the amendment request involves no Counsel, Tennessee Valley Authority, of any accident previously evaluated. significant hazards consideration. 400 West Summit Hill Drive, ET 11A, Therefore, the probability of an accident Knoxville, Tennessee 37902. previously evaluated is not significantly Attorney for licensee: General increased. The consequences of an accident Counsel, Tennessee Valley Authority, NRC Section Chief: Michael L. while relying on required actions as allowed 400 West Summit Hill Drive, ET 11A, Marshall, Jr. by proposed LCO 3.0.4, are no different than Knoxville, Tennessee 37902. the consequences of an accident while Tennessee Valley Authority, Docket entering and relying on the required actions NRC Section Chief: Michael L. Nos. 50–327 and 50–328, Sequoyah while starting in a condition of applicability Marshall, Jr. Nuclear Plant, Units 1 and 2, Hamilton of the TS. Therefore, the consequences of an Tennessee Valley Authority, Docket No. County, Tennessee accident previously evaluated are not significantly affected by this change. The 50–390, Watts Bar Nuclear Plant, Unit 1, Date of amendment request: addition of a requirement to assess and Rhea County, Tennessee December 2, 2004. manage the risk introduced by this change Date of amendment request: Description of amendment request: will further minimize possible concerns. September 15, 2004. The proposed change allows entry into Therefore, this change does not involve a significant increase in the probability or Description of amendment request: a mode or other specified condition in consequences of an accident previously The proposed change allows entry into the applicability of a Technical evaluated. a mode or other specified condition in Specification (TS), while in a condition Criterion 2—The Proposed Change Does Not the applicability of a Technical statement and the associated required Create the Possibility of a New or Different Specification (TS), while in a condition actions of the TS, provided the licensee Kind of Accident From Any Previously statement and the associated required performs a risk assessment and manages Evaluated actions of the TS, provided the licensee risk consistent with the program in The proposed change does not involve a performs a risk assessment and manages place for complying with the physical alteration of the plant (no new or risk consistent with the program in requirements of title 10 of the Code of different type of equipment will be installed). place for complying with the Federal Regulations (10 CFR), part 50, Entering into a mode or other specified requirements of title 10 of the Code of § 50.65(a)(4). Limiting Condition for condition in the applicability of a TS, while Federal Regulations (10 CFR), part 50, Operation (LCO) 3.0.4 exceptions in in a TS condition statement and the § 50.65(a)(4). Limiting Condition for associated required actions of the TS, will individual TSs would be eliminated, Operation (LCO) 3.0.4 exceptions in several notes or specific exceptions are not introduce new failure modes or effects and will not, in the absence of other individual TSs would be eliminated, revised to reflect the related changes to unrelated failures, lead to an accident whose several notes or specific exceptions are LCO 3.0.4, and Surveillance consequences exceed the consequences of revised to reflect the related changes to Requirement (SR) 3.0.4 is revised to accidents previously evaluated. The addition LCO 3.0.4, and Surveillance reflect the LCO 3.0.4 allowance. of a requirement to assess and manage the Requirement (SR) 3.0.4 is revised to This change was proposed by the risk introduced by this change will further reflect the LCO 3.0.4 allowance. industry’s Technical Specification Task minimize possible concerns. Thus, this change does not create the possibility of a This change was proposed by the Force (TSTF) and is designated TSTF– new or different kind of accident from an industry’s Technical Specification Task 359. The NRC staff issued a notice of accident previously evaluated. Force (TSTF) and is designated TSTF– opportunity for comment in the Federal Criterion 3—The Proposed Change Does Not 359. The NRC staff issued a notice of Register on August 2, 2002 (67 FR Involve a Significant Reduction in a Margin opportunity for comment in the Federal 50475), on possible amendments of Safety Register on August 2, 2002 (67 FR concerning TSTF–359, including a The proposed change allows entry into a 50475), on possible amendments model safety evaluation and model no mode or other specified condition in the concerning TSTF–359, including a significant hazards consideration applicability of a TS, while in a TS condition model safety evaluation and model no (NSHC) determination, using the statement and the associated required actions significant hazards consideration consolidated line item improvement of the TS. The TS allow operation of the (NSHC) determination, using the process. The NRC staff subsequently plant without the full complement of consolidated line item improvement issued a notice of availability of the equipment through the conditions for not process. The NRC staff subsequently models for referencing in license meeting the TS LCO. The risk associated with this allowance is managed by the imposition issued a notice of availability of the amendment applications in the Federal of required actions that must be performed models for referencing in license Register on April 4, 2003 (68 FR 16579). within the prescribed completion times. The amendment applications in the Federal The licensee affirmed the applicability net effect of being in a TS condition on the Register on April 4, 2003 (68 FR 16579). of the following NSHC determination in margin of safety is not considered significant. The licensee affirmed the applicability its application dated December 2, 2004. The proposed change does not alter the of the following NSHC determination in Basis for proposed no significant required actions or completion times of the its application dated September 15, hazards consideration determination: TS. The proposed change allows TS 2004. conditions to be entered, and the associated As required by 10 CFR 50.91(a), an required actions and completion times to be Basis for proposed no significant analysis of the issue of no significant used in new circumstances. This use is hazards consideration determination: hazards consideration is presented predicated upon the licensee’s performance As required by 10 CFR 50.91(a), an below: of a risk assessment and the management of analysis of the issue of no significant

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hazards consideration is presented used in new circumstances. This use is 2. Does the proposed change create the below: predicated upon the licensee’s performance possibility of a new or different kind of of a risk assessment and the management of accident from any accident previously Criterion 1—The Proposed Change Does Not plant risk. The change also eliminates current evaluated? Involve a Significant Increase in the allowances for utilizing required actions and Response: No. Probability or Consequences of an Accident completion times in similar circumstances, The proposed change does not involve a Previously Evaluated without assessing and managing risk. The net physical alteration of the plant, add any new The proposed change allows entry into a change to the margin of safety is equipment, or require any existing mode or other specified condition in the insignificant. Therefore, this change does not equipment to be operated in a manner applicability of a TS, while in a TS condition involve a significant reduction in a margin of different from the present design. Therefore, statement and the associated required actions safety. the proposed change does not create the of the TS. Being in a TS condition and the The NRC staff proposes to determine possibility of a new or different kind of associated required actions is not an initiator accident from any accident previously of any accident previously evaluated. that the amendment request involves no evaluated. Therefore, the probability of an accident significant hazards consideration. 3. Does the proposed change involve a previously evaluated is not significantly Attorney for licensee: General significant reduction in a margin of safety? increased. The consequences of an accident Counsel, Tennessee Valley Authority, Response: No. while relying on required actions as allowed 400 West Summit Hill Drive, ET 11A, This is an administrative change to by proposed LCO 3.0.4, are no different than Knoxville, Tennessee 37902. reporting requirements of plant operating the consequences of an accident while NRC Section Chief: Michael L. information and occupational radiation entering and relying on the required actions Marshall, Jr. exposure data, and has no effect on plant while starting in a condition of applicability equipment, operating practices or safety of the TS. Therefore, the consequences of an Tennessee Valley Authority, Docket No. analyses assumptions. For these reasons, the accident previously evaluated are not 50–390, Watts Bar Nuclear Plant, Unit 1, proposed change does not involve a significantly affected by this change. The Rhea County, Tennessee significant reduction in the margin of safety. addition of a requirement to assess and manage the risk introduced by this change Date of amendment request: Based upon the reasoning presented will further minimize possible concerns. November 8, 2004. above, the requested change does not Therefore, this change does not involve a Description of amendment request: involve significant hazards significant increase in the probability or The requested change will delete consideration. consequences of an accident previously Technical Specification (TS) 5.9.1, Attorney for licensee: General evaluated. ‘‘Occupational Radiation Exposure Counsel, Tennessee Valley Authority, Criterion 2—The Proposed Change Does Not Report,’’ and TS 5.9.4, ‘‘Monthly 400 West Summit Hill Drive, ET 11A, Create the Possibility of a New or Different Operating Reports.’’ Knoxville, Tennessee 37902. Kind of Accident From Any Previously The NRC staff issued a notice of NRC Section Chief: Michael L. Evaluated availability of a model no significant Marshall, Jr. The proposed change does not involve a hazards consideration (NSHC) Virginia Electric and Power Company, physical alteration of the plant (no new or determination for referencing in license different type of equipment will be installed). Docket Nos. 50–338 and 50–339, North amendment applications in the Federal Anna Power Station, Units No. 1 and Entering into a mode or other specified Register on June 23, 2004 (69 FR 35067). condition in the applicability of a TS, while No. 2, Louisa County, Virginia; Docket in a TS condition statement and the The licensee affirmed the applicability Nos. 50–280 and 50–281, Surry Power associated required actions of the TS, will of the model NSHC determination in its Station, Units No. 1 and 2, Surry not introduce new failure modes or effects application dated November 8, 2004. County, VA and will not, in the absence of other Basis for proposed no significant unrelated failures, lead to an accident whose hazards consideration determination: Date of amendment request: consequences exceed the consequences of As required by 10 CFR 50.91(a), an September 8, 2004. accidents previously evaluated. The addition analysis of the issue of no significant Description of amendment request: of a requirement to assess and manage the hazards consideration is presented The proposed amendments delete the risk introduced by this change will further below: requirements from the technical minimize possible concerns. Thus, this specifications (TS) to maintain change does not create the possibility of a 1. Does the proposed change involve a hydrogen recombiners (North Anna significant increase in the probability or new or different kind of accident from an Power Station only) and hydrogen accident previously evaluated. consequences of an accident previously evaluated? monitors (North Anna and Surry Power Criterion 3—The Proposed Change Does Not Response: No. Stations). Licensees were generally Involve a Significant Reduction in a Margin The proposed change eliminates the required to implement upgrades as of Safety Technical Specifications (TSs) reporting described in NUREG–0737, The proposed change allows entry into a requirements to provide a monthly operating ‘‘Clarification of TMI [Three Mile mode or other specified condition in the letter report of shutdown experience and Island] Action Plan Requirements,’’ and applicability of a TS, while in a TS condition operating statistics if the equivalent data is Regulatory Guide (RG) 1.97, statement and the associated required actions submitted using an industry electronic of the TS. The TS allow operation of the database. It also eliminates the TS reporting ‘‘Instrumentation for Light-Water- plant without the full complement of requirement for an annual occupational Cooled Nuclear Power Plants to Assess equipment through the conditions for not radiation exposure report, which provides Plant and Environs Conditions During meeting the TS LCO. The risk associated with information beyond that specified in NRC and Following an Accident.’’ this allowance is managed by the imposition regulations. The proposed change involves Implementation of these upgrades was of required actions that must be performed no changes to plant systems or accident an outcome of the lessons learned from within the prescribed completion times. The analyses. As such, the change is the accident that occurred at TMI, Unit net effect of being in a TS condition on the administrative in nature and does not affect 2. Requirements related to combustible margin of safety is not considered significant. initiators of analyzed events or assumed The proposed change does not alter the mitigation of accidents or transients. gas control were imposed by Order for required actions or completion times of the Therefore, the proposed change does not many facilities and were added to or TS. The proposed change allows TS involve a significant increase in the included in the TS for nuclear power conditions to be entered, and the associated probability or consequences of an accident reactors currently licensed to operate. required actions and completion times to be previously evaluated. The revised title 10 of the Code of

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Federal Regulations (10 CFR), § 50.44, consequences of an accident, assessing and consequences of the accident. The intent of ‘‘Standards for Combustible Gas Control projecting offsite releases of radioactivity, the requirements established as a result of the System in Light-Water-Cooled Power and establishing protective action TMI, Unit 2 accident can be adequately met Reactors,’’ eliminated the requirements recommendations to be communicated to without reliance on safety-related hydrogen offsite authorities. Classification of the monitors. for hydrogen recombiners and relaxed hydrogen monitors as Category 3, and Therefore, this change does not involve a safety classifications and licensee removal of the hydrogen monitors from TS significant reduction in the margin of safety. commitments to certain design and will not prevent an accident management Removal of hydrogen monitoring from TS qualification criteria for hydrogen and strategy through the use of the severe will not result in a significant reduction in oxygen monitors. accident management guidelines (SAMGs), their functionality, reliability, and The NRC staff issued a notice of the emergency plan (EP), the emergency availability. availability of a model no significant operating procedures (EOP), and site survey monitoring that support modification of The NRC staff proposes to determine hazards consideration determination for that the amendment requests involve no referencing in license amendment emergency plan protective action recommendations (PARs). significant hazards consideration. applications in the Federal Register on Therefore, the elimination of the hydrogen Attorney for licensee: Ms. Lillian M. September 25, 2003 (68 FR 55416). The recombiner requirements and relaxation of Cuoco, Esq., Senior Counsel, Dominion licensee affirmed the applicability of the the hydrogen monitor requirements, Resources Services, Inc., Millstone model NSHC determination in its including removal of these requirements Power Station, Building 475, 5th Floor, application dated September 8, 2004. from TS, does not involve a significant Rope Ferry Road, Rt. 156, Waterford, Basis for proposed no significant increase in the probability or the Connecticut 06385. consequences of any accident previously hazards consideration determination: NRC Section Chief: John A. Nakoski. As required by 10 CFR 50.91(a), an evaluated. analysis of the issue of no significant Criterion 2—The Proposed Change Does Not Virginia Electric and Power Company, hazards consideration is presented Create the Possibility of a New or Different Docket Nos. 50–338 and 50–339, North below: Kind of Accident From Any Previously Anna Power Station, Units No. 1 and Evaluated No. 2, Louisa County, Virginia; Docket Criterion 1—The Proposed Change Does Not Involve a Significant Increase in the The elimination of the hydrogen Nos. 5050–280 and 50–281, Surry Power Probability or Consequences of an Accident recombiner requirements and relaxation of Station, Unit No. 1 and No. 2, Surry Previously Evaluated the hydrogen monitor requirements, County, Virginia including removal of these requirements The revised 10 CFR 50.44 no longer defines from TS, will not result in any failure mode Date of amendment request: a design-basis loss-of-coolant accident not previously analyzed. The hydrogen December 21, 2004. (LOCA) hydrogen release, and eliminates recombiner and hydrogen monitor equipment Description of amendment request: requirements for hydrogen control systems to was intended to mitigate a design-basis The requested change will delete mitigate such a release. The installation of hydrogen release. The hydrogen recombiner Technical Specification requirements hydrogen recombiners and/or vent and purge and hydrogen monitor equipment are not systems required by 10 CFR 50.44(b)(3) was for the licensee to submit annual considered accident precursors, nor does occupational radiation exposure reports intended to address the limited quantity and their existence or elimination have any rate of hydrogen generation that was adverse impact on the pre-accident state of and monthly operating reports. postulated from a design-basis LOCA. The the reactor core or post accident confinement The NRC staff issued a notice of Commission has found that this hydrogen of radionuclides within the containment availability of a model no significant release is not risk-significant because the building. hazards consideration (NSHC) design-basis LOCA hydrogen release does not Therefore, this change does not create the determination for referencing in license contribute to the conditional probability of a possibility of a new or different kind of amendment applications in the Federal large release up to approximately 24 hours accident from any previously evaluated. Register on June 23, 2004 (69 FR 35067). after the onset of core damage. In addition, these systems were ineffective at mitigating Criterion 3—The Proposed Change Does Not The licensee affirmed the applicability hydrogen releases from risk-significant Involve a Significant Reduction in the Margin of the model NSHC determination in its accident sequences that could threaten of Safety application dated December 21, 2004. containment integrity. The elimination of the hydrogen Basis for proposed no significant With the elimination of the design-basis recombiner requirements and relaxation of hazards consideration determination: LOCA hydrogen release, hydrogen monitors the hydrogen monitor requirements, As required by 10 CFR 50.91(a), an are no longer required to mitigate design- including removal of these requirements analysis of the issue of no significant basis accidents and, therefore, the hydrogen from TS, in light of existing plant equipment, hazards consideration is presented instrumentation, procedures, and programs monitors do not meet the definition of a below: safety-related component as defined in 10 that provide effective mitigation of and CFR 50.2. Category 1 in RG 1.97 is intended recovery from reactor accidents, results in a 1. Does the proposed change involve a for key variables that most directly indicate neutral impact to the margin of safety. significant increase in the probability or the accomplishment of a safety function for The installation of hydrogen recombiners consequences of an accident previously design-basis accident events. The hydrogen and/or vent and purge systems required by evaluated? monitors no longer meet the definition of 10 CFR 50.44(b)(3) was intended to address Response: No. Category 1 in RG 1.97. As part of the the limited quantity and rate of hydrogen The proposed change eliminates the rulemaking to revise 10 CFR 50.44 the generation that was postulated from a design- Technical Specifications (TSs) reporting Commission found that Category 3, as basis LOCA. The Commission has found that requirements to provide a monthly operating defined in RG 1.97, is an appropriate this hydrogen release is not risk-significant letter report of shutdown experience and categorization for the hydrogen monitors because the design-basis LOCA hydrogen operating statistics if the equivalent data is because the monitors are required to release does not contribute to the conditional submitted using an industry electronic diagnose the course of beyond design-basis probability of a large release up to database. It also eliminates the TS reporting accidents. approximately 24 hours after the onset of requirement for an annual occupational The regulatory requirements for the core damage. radiation exposure report, which provides hydrogen monitors can be relaxed without Category 3 hydrogen monitors are adequate information beyond that specified in NRC degrading the plant emergency response. The to provide rapid assessment of current regulations. The proposed change involves emergency response, in this sense, refers to reactor core conditions and the direction of no changes to plant systems or accident the methodologies used in ascertaining the degradation while effectively responding to analyses. As such, the change is condition of the reactor core, mitigating the the event in order to mitigate the administrative in nature and does not affect

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initiators of analyzed events or assumed The proposed change does not affect the barriers in the event of an accident mitigation of accidents or transients. DGs ability to supply the minimum voltage concurrent with a loss of offsite power. Therefore, the proposed change does not and frequency within 12 seconds or the The proposed change does not alter the involve a significant increase in the steady state voltage and frequency. The DGs manner in which safety limits, limiting safety probability or consequences of an accident will continue to perform their intended system settings or limiting conditions for previously evaluated. safety function, in accordance with the safety operation are determined. The safety analysis Does the proposed change create the analysis. The design of plant equipment is acceptance criteria are not impacted by these possibility of a new or different kind of not being modified by the proposed change. changes. The proposed changes will not accident from any accident previously In addition, the DGs and their associated result in plant operation in a configuration evaluated? emergency loads are accident mitigating outside the design basis. Response: No. features. As such, testing of the DGs Therefore, the proposed changes do not The proposed change does not involve a themselves is not associated with any involve a significant reduction in the margin physical alteration of the plant, add any new potential accident-initiating mechanism. of safety. equipment, or require any existing The proposed changes do not adversely equipment to be operated in a manner affect accident initiators or precursors nor The NRC staff has reviewed the different from the present design. Therefore, alter the design assumptions, conditions, or licensee’s analysis and, based on this the proposed change does not create the configuration of the facility or the manner in review, it appears that the three possibility of a new or different kind of which the plant is operated and maintained. standards of 10 CFR 50.92(c) are accident from any accident previously The proposed changes do not alter or prevent satisfied. Therefore, the NRC staff evaluated. the ability of structures, systems, and 3. Does the proposed change involve a proposes to determine that the components (SSCs) from performing their amendment request involves no significant reduction in a margin of safety? intended function to mitigate the Response: No. consequences of an initiating event within significant hazards consideration. This is an administrative change to the assumed acceptance limits. The proposed Attorney for licensee: Jay Silberg, Esq., reporting requirements of plant operating changes do not affect the source term, Shaw, Pittman, Potts and Trowbridge, information and occupational radiation containment isolation, or radiological release 2300 N Street, NW., Washington, DC exposure data, and has no effect on plant assumptions used in evaluating the 20037. equipment, operating practices or safety radiological consequences of an accident NRC Section Chief: Robert A. Gramm. analyses assumptions. For these reasons, the previously evaluated. Further, the proposed proposed change does not involve a changes do not increase the types or amounts Previously Published Notices of significant reduction in the margin of safety. of radioactive effluent that may be released Consideration of Issuance of Based upon the reasoning presented offsite, nor significantly increase individual Amendments to Facility Operating above, the requested change does not or cumulative occupational [or] public Licenses, Proposed No Significant involve significance hazards radiation exposures. The proposed changes Hazards Consideration Determination, consideration. are consistent with the safety analysis and Opportunity for a Hearing Attorney for licensee: Ms. Lillian M. assumptions and resultant consequences. Therefore, the proposed changes do not The following notices were previously Cuoco, Esq., Senior Counsel, Dominion involve a significant increase in the published as separate individual Resources Services, Inc., Millstone probability or consequences of an accident notices. The notice content was the Power Station, Building 475, 5th Floor, previously evaluated. same as above. They were published as Rope Ferry Road, Rt. 156, Waterford, 2. The proposed change does not create the individual notices either because time Connecticut 06385. possibility of a new or different accident NRC Section Chief: John A. Nakoski. from any accident previously evaluated. did not allow the Commission to wait The proposed change revises surveillance for this biweekly notice or because the Wolf Creek Nuclear Operating requirements to clarify what voltage and action involved exigent circumstances. Corporation, Docket No. 50–482, Wolf frequency limits are applicable during the They are repeated here because the Creek Generating Station, Coffey transient and steady state portions of the DG biweekly notice lists all amendments County, Kansas start testing. No changes are being made in issued or proposed to be issued equipment hardware, operational Date of amendment request: involving no significant hazards philosophy, testing frequency, system consideration. December 13, 2004. operation, or how the DGs are physically Description of amendment request: tested. For details, see the individual notice This amendment would revise The proposed changes do not result in a in the Federal Register on the day and Technical Specification Surveillance change in the manner in which the electrical page cited. This notice does not extend Requirement (SR) 3.8.1.7 (fast-start test), distribution subsystems provide plant the notice period of the original notice. protection. The changes do not alter SR 3.8.1.12 (safety injection actuation Calvert Cliffs Nuclear Power Plant, Inc., signal test), SR 3.8.1.15 (hot restart test), assumptions made in the safety analysis. The proposed changes are consistent with the Docket Nos. 50–317 and 50–318, Calvert and SR 3.8.1.20 (redundant unit test) to Cliffs Nuclear Power Plant, Unit Nos. 1 clarify what voltage and frequency safety analysis assumptions and current plant operating practice. and 2, Calvert County, Maryland limits are applicable during the Therefore, the proposed changes do not Date of application for amendment: transient and steady state portions of the create the possibility of a new or different diesel generator (DG) start testing kind of accident from any accident June 7, 2004. performed by these SRs. previously evaluated. Brief description of amendment: The Basis for proposed no significant 3. The proposed change does not involve proposed amendment revised Technical hazards consideration determination: a significant reduction in a margin of safety. Specification 3.9.4, ‘‘Shutdown Cooling As required by 10 CFR 50.91(a), the The margin of safety is related to the (SDC) and Coolant Circulation-High licensee has provided its analysis of the confidence in the ability of the fission Water Level,’’ to incorporate the use of issue of no significant hazards product barriers to perform their design an alternate cooling method to function consideration, which is presented functions during and following an accident as a path for decay heat removal when situation. These barriers include the fuel below: cladding, the reactor coolant system, and the in MODE 6 with the refueling pool fully 1. The proposed change does not involve containment system. The proposed change flooded. The spent fuel pool cooling a significant increase in the probability or does not directly affect these barriers, nor do system is the alternative cooling method consequences of an accident previously they involve any significantly adverse impact intended to be used as a substitute for evaluated. on the DGs which serve to support these the SDC system during the refueling

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operations, including during fuel provision in 10 CFR 51.12(b) and has Safety Evaluation Report, dated movement. made a determination based on that December 20, 2004. Date of publication of individual assessment, it is so indicated. No significant hazards consideration notice in Federal Register: November For further details with respect to the comments received: No. 29, 2004 (69 FR 69417). action see (1) the applications for Entergy Nuclear Operations, Inc., Expiration date of individual notice: amendment, (2) the amendment, and (3) January 27, 2005. Docket No. 50–293, Pilgrim Nuclear the Commission’s related letter, Safety Power Station, Plymouth County, Pacific Gas and Electric Company, Evaluation and/or Environmental Massachusetts Assessment as indicated. All of these Docket Nos. 50–275 and 50–323, Diablo Date of application for amendment: Canyon Nuclear Power Plant, Unit Nos. items are available for public inspection at the Commission’s Public Document October 12, 2004. 1 and 2, San Luis Obispo County, Brief description of amendment: This California Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 amendment approves an engineering Date of amendment request: Rockville Pike (first floor), Rockville, evaluation performed in accordance November 3, 2004. Maryland. Publicly available records with the Pilgrim Nuclear Power Station Brief description of amendment will be accessible from the Agencywide Technical Specifications (TS). TS request: The proposed amendments Documents Access and Management 3.6.D.3 requires the licensee to perform would revise Technical Specification Systems (ADAMS) Public Electronic an engineering evaluation when safety (TS) 3.7.17 and TS 4.3 for Cycles 14–16 Reading Room on the Internet at the relief valve (SRV) discharge pipe ° to allow installation and use of a NRC Web site, http://www.nrc.gov/ temperatures exceed 212 F during temporary cask pit spent fuel storage reading-rm/adams.html. If you do not normal reactor power operation for a rack (cask pit rack) for Diablo Canyon have access to ADAMS or if there are period greater than 24 hours, and TS Power Plant, Unit Nos. 1 and 2. The problems in accessing the documents 3.6.D.4 further requires that power total spent fuel pool storage capacity for located in ADAMS, contact the PDR operation may not continue beyond 90 each unit would be increased from 1324 Reference staff at 1 (800) 397–4209, days from the initial discovery of fuel assemblies to 1478 fuel assemblies (301) 415–4737 or by e-mail to discharge pipe temperatures in excess of ° for Cycles 14–16. [email protected]. 212 F, without prior NRC approval of Date of publication of individual the engineering evaluation. The Nuclear notice in Federal Register: December Connecticut Yankee Atomic Power Regulatory Commission staff has 21, 2004 (69 FR 76486). Company, Docket No. 50–213, Haddam reviewed the engineering evaluation Expiration date of individual notice: Neck Plant, Middlesex County, and has determined that the licensee February 22, 2005. Connecticut has adequately justified power Notice of Issuance of Amendments to Date of amendment request: August operations beyond the end of the TS- Facility Operating Licenses 11, 2004. required 90-day period for plant Brief description of amendment: The shutdown, until the next cold shutdown During the period since publication of of 72 hours or more. the last biweekly notice, the amendment revises Technical Specifications to eliminate operational Date of issuance: December 23, 2004. Commission has issued the following Effective date: As of the date of amendments. The Commission has requirements and certain design requirements that will no longer be issuance, and shall be implemented determined for each of these within 30 days. amendments that the application applicable following the transfer of all of the spent fuel from the Haddam Neck Amendment No.: 208. complies with the standards and Facility Operating License No. DPR– Plant spent fuel pool into dry cask requirements of the Atomic Energy Act 35: Amendment does not revise the storage at the Haddam Neck Plant of 1954, as amended (the Act), and the Technical Specifications. Independent Spent Fuel Storage Commission’s rules and regulations. Date of initial notice in Federal Installation. The amendment relocates The Commission has made appropriate Register: October 20, 2004 (69 FR administrative requirements to the findings as required by the Act and the 61695). Commission’s rules and regulations in Connecticut Yankee Quality Assurance The Commission’s related evaluation 10 CFR Chapter I, which are set forth in Program. The amendment also deletes of the amendment is contained in a the license amendment. the requirement for submittal of an Safety Evaluation dated December 23, Notice of Consideration of Issuance of annual Occupational Radiation 2004. Amendment to Facility Operating Exposure Report. No significant hazards consideration License, Proposed No Significant Date of issuance: December 20, 2004. comments received: No. Hazards Consideration Determination, Effective date: As of the date that all and Opportunity for A Hearing in reactor fuel has been permanently Entergy Nuclear Operations, Inc., connection with these actions was removed from the spent fuel pool and Docket No. 50–293, Pilgrim Nuclear published in the Federal Register as stored in an Independent Spent Fuel Power Station, Plymouth County, indicated. Storage Installation. The license Massachusetts Unless otherwise indicated, the amendment shall be implemented Date of application for amendment: Commission has determined that these within 60 days of its effective date. December 8, 2003. amendments satisfy the criteria for Amendment No.: 201. Brief description of amendment: The categorical exclusion in accordance Facility Operating License No. DPR– proposed amendment would delete a with 10 CFR 51.22. Therefore, pursuant 61: The amendment revises the portion of the Pilgrim Nuclear Power to 10 CFR 51.22(b), no environmental Technical Specifications. Station (Pilgrim) Technical impact statement or environmental Date of initial notice in Federal Specification (TS) 4.6.A.2, ‘‘Primary assessment need be prepared for these Register: September 28, 2004 (69 FR System Boundary—Thermal and amendments. If the Commission has 57978). Pressurization Limitations,’’ and the prepared an environmental assessment The Commission’s related evaluation associate TS Table 4.6–3, ‘‘Reactor under the special circumstances of the amendment is contained in a Vessel Material Surveillance Program

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Withdrawal Schedule.’’ The amendment Nebraska Public Power District, Docket Safety Evaluation dated December 22, would replace the existing Reactor No. 50–298, Cooper Nuclear Station, 2004. Vessel Material Surveillance Program Nemaha County, Nebraska No significant hazards consideration with the Boiling Water Reactor Vessel Date of amendment request: May 27, comments received: No. and Internal Project (BWRVIP) 2004, as supplement by letter dated Southern California Edison Company, et Integrated Surveillance Program (ISP) September 28, 2004. al., Docket Nos. 50–361 and 50–362, and Supplemental Surveillance Program Brief description of amendment: The San Onofre Nuclear Generating Station, (SSP). The BWRVIP ISP/SSP would be amendment revises the Technical Units 2 and 3, San Diego County, incorporated into the Pilgrim Updated Specifications (TSs) to lower the reactor California Final Safety Analysis Report (UFSAR). vessel water level at which the reactor Date of issuance: January 5, 2005. Date of application for amendments: water cleanup system isolates, August 4, 2003, as supplemented by Effective date: As of the date of secondary containment isolates, and the letters dated December 24, 2003, and issuance, and shall be implemented control room emergency filter system June 3, August 24, and October 6 and within 60 days. starts. 22, 2004. Amendment No.: 209. Date of issuance: December 23, 2004. Brief description of amendments: The Effective date: As of the date of Facility Operating License No. DPR– proposed amendments would revise issuance and shall be implemented Technical Specification 3.9.3, 35: Amendment revised the Technical upon startup in Operating Cycle 23. Specifications and updated the UFSAR. ‘‘Containment Penetrations,’’ by adding Amendment No.: 209. a note to the limiting condition for Date of initial notice in Federal Facility Operating License No. DPR– operation that permits the containment Register: February 17, 2004 (69 FR 46: Amendment revised the TS. equipment hatch to be open during core 7521). Federal Date of initial notice in alterations and movement of irradiated Register: The Commission’s related evaluation June 22, 2004 (69 FR 34702). fuel in containment during refueling The supplement dated September 28, of the amendment is contained in a operations. Safety Evaluation dated January 5, 2005. 2004, provided additional information Date of issuance: December 23, 2004. that clarified the application, did not No significant hazards consideration Effective date: As of the date of expand the scope of the application as comments received: No. issuance and shall be implemented originally noticed, and did not change within 60 days. FirstEnergy Nuclear Operating the staff’s original proposed no Amendment Nos.: 193/184. Company, Docket No. 50–346, Davis- significant hazards consideration Facility Operating License Nos. NPF– Besse Nuclear Power Station, Unit 1, determination as published in the 10 and NPF–15: The amendments Ottawa County, Ohio Federal Register. revised the Technical Specifications. The Commission’s related evaluation Date of application for amendment: Date of initial notice in Federal of the amendment is contained in a Register: September 18, 2003 (68 FR August 11, 2003, as supplemented Safety Evaluation dated December 23, January 9, May 3, and July 19, 2004. 54752). The supplemental letters dated 2004. December 24, 2003, and June 3, August Brief description of amendment: This No significant hazards consideration 24, October 6, and October 22, 2004, amendment relocates the Technical comments received: No. provided additional information that Specification requirement to leak rate Nuclear Management Company, LLC, clarified the application, did not expand test the enclosure for decay heat the scope of the application as originally removal system valves DH–11 and DH– Docket Nos. 50–266 and 50–301, Point Beach Nuclear Plant, Units 1 and 2, noticed, and did not change the NRC 12 to the Technical Requirements staff’s original proposed no significant Manual. Town of Two Creeks, Manitowoc County, Wisconsin hazards consideration determination. Date of issuance: December 21, 2004. The Commission’s related evaluation Date of application for amendments: Effective date: As of the date of of the amendments is contained in a December 23, 2003. issuance and shall be implemented Safety Evaluation dated December 23, Brief description of amendments: The within 120 days. 2004. amendments modified TS requirements No significant hazards consideration Amendment No.: 263. to adopt the provisions of Industry/TS comments received: No. Facility Operating License No. NPF–3: Task Force (TSTF) change TSTF–359, Amendment revised the Technical ‘‘Increased Flexibility in Mode STP Nuclear Operating Company, Specifications. Restraints.’’ The availability of TSTF– Docket No. 50–498, South Texas Project, Unit 1, Matagorda County, Texas Date of initial notice in Federal 359 for adoption by licensees was Register: September 18, 2003 (68 FR announced in the Federal Register on Date of amendment request: 54750). April 4, 2003 (68 FR 16579). September 30, 2004. Date of issuance: December 22, 2004. The supplemental letters contained Brief description of amendment: The Effective date: As of the date of clarifying information and did not amendment changes Technical issuance and shall be implemented change the initial no significant hazards Specification (TS) Surveillance within 120 days. consideration determination and did not Requirement 4.4.4.2 to expand the range Amendment Nos.: 215, 220. expand the scope of the original Federal of conditions under which quarterly Facility Operating License Nos. DPR– Register notice. testing of block valves for the 24 and DPR–27: Amendments revised pressurizer power operated relief valves The Commission’s related evaluation the Technical Specifications. would be unnecessary. of the amendment is contained in a Date of initial notice in Federal Date of issuance: December 28, 2004. Safety Evaluation dated December 21, Register: September 16, 2004 (69 FR Effective date: As of the date of 2004. 55844) issuance and shall be implemented No significant hazards consideration The Commission’s related evaluation within 30 days of issuance. comments received: No. of the amendments is contained in a Amendment No.: Unit 1—166.

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Facility Operating License No. NPF– Facility Operating License Nos. NPF– SUMMARY: In accordance with the FAIR 76: The amendment revised the 76 and NPF–80: The amendments Act, agency inventories of activities that Technical Specifications. revised the Technical Specifications. are not inherently governmental are Date of initial notice in Federal Date of initial notice in Federal now available to the public from the Register: October 26, 2004 (69 FR Register: November 12, 2003 (68 FR agencies listed below. The FAIR Act 62477). 64139) for the September 22, 2003, requires that OMB publish an The Commission’s related evaluation application and October 26, 2004 (69 FR announcement of public availability of of the amendments is contained in a 62478) for the September 27, 2004, agency inventories of activities that are Safety Evaluation dated December 28, application. 2004. The Commission’s related evaluation not inherently governmental upon No significant hazards consideration of the amendments is contained in a completion of OMB’s review and comments received: No. Safety Evaluation dated December 28, consultation process concerning the content of the agencies’ inventory STP Nuclear Operating Company, 2004. No significant hazards consideration submissions. After review and Docket Nos. 50–498 and 50–499, South comments received: No. consultation with OMB, agencies make Texas Project, Units 1 and 2, Matagorda their inventories available to the public, County, Texas Dated at Rockville, Maryland, this 10th day of January, 2005. and these inventories also include Date of amendment requests: For the Nuclear Regulatory Commission. activities that are inherently September 22, 2003, and September 27, governmental. This is the second release 2004. Ledyard B. Marsh, Director, Division of Licensing Project of the FAIR Act inventories for FY 2004. Brief description of amendments: The Interested parties who disagree with the amendments change Technical Management, Office of Nuclear Reactor Regulation. agency’s initial judgment can challenge Specification (TS) Surveillance the inclusion or the omission of an Requirement 4.7.1.6, ‘‘Atmospheric [FR Doc. 05–779 Filed 1–14–05; 8:45 am] Steam Relief Valves’’ to provide BILLING CODE 7590–01–P activity on the list of activities that are consistency with TS 3.3.5.1, not inherently governmental within 30 ‘‘Atmospheric Steam Relief Valve working days and, if not satisfied with Instrumentation,’’ regarding OFFICE OF MANAGEMENT AND this review, may demand a higher atmospheric steam relief valve BUDGET agency review/appeal. automatic controls. The amendments The Office of Federal Procurement also correct typographical errors in TSs Public Availability of Fiscal Year 2004 Agency Inventories Under the Federal Policy has made available a FAIR Act 3.7.1.6 and 3.2.4. The remaining User’s Guide through its Internet site: proposed changes associated with the Activities Inventory Reform Act of 1998 (Public Law 105–270) (‘‘FAIR Act’’) http://www.whitehouse.gov/omb/ September 22, 2003, application were procurement/fair-index.html. This withdrawn as noted in the NRC staff’s AGENCY: Office of Management and User’s Guide will help interested parties letter to the licensee dated October 19, Budget, Executive Office of the review FY 2004 FAIR Act inventories, 2004. President. and gain access to agency inventories Date of issuance: December 28, 2004. ACTION: Notice of public availability of through agency Web site addresses. Effective date: As of the date of agency inventory of activities that are issuance and shall be implemented not inherently governmental and of Joshua B. Bolten, within 30 days of issuance. activities that are inherently Director. Amendment Nos.: Unit 1—167; Unit governmental. 2—156. Attachment

SECOND FAIR ACT RELEASE FY 2004

Appalachian Regional Commission ...... Mr. Guy Land, (202) 884–7674; www.arc.gov. Architectural and Transportation Barriers Compliance Board ...... Mr. Larry Roffee, (202) 272–0001; www.access-board.gov. Arlington National Cemetery ...... Mr. Rory Smith, (703) 607–8561; www.arlingtoncemetery.org. Barry Goldwater Scholarship Education Foundation ...... Mr. Gerald Smith, (703) 756–6012; www.act.org/goldwater. Broadcasting Board of Governors ...... Mr. Stephen Smith, (202) 203–4588; www.bbg.gov. Christopher Columbus Fellowship Foundation ...... Ms. Judith M. Shellenberger, (315) 258–0090; www.whitehouse.gov/omb/ procurement/fair_list_nosite.html. Defense Nuclear Facilities Safety Board ...... Mr. Kenneth Pusateri, (202) 694–7000; www.dnfsb.gov. Department of Defense ...... Mr. Paul Soloman, (703) 602–3666; web.lmi.org/fairnet. Department of Defense (IG) ...... Mr. John R. Crane, (703) 604–8324; www.dodig.osd.mil. Department of Education ...... Mr. Glenn Perry, (202) 245–6200; www.ed.gov. Department of Housing and Urban Development ...... Ms. Janice Blake-Green, (202) 708–0614, x3214; www.hud.gov. Department of Housing and Urban Development (IG) ...... Ms. Peggy Dickinson, (202) 708–0614, x8192; www.hudoig.gov. Department of State ...... Ms. Valerie Dumas, (703) 516–1506; www.state.gov. Department of Treasury ...... Mr. Jim Sullivan, (202) 622–9395; www.treas.gov/fair. Environmental Protection Agency ...... Ms. Melanie Gooden (202) 566–2222; www.epa.gov. Environmental Protection Agency (IG) ...... Mr. Michael J. Binder (202) 566–2617; www.epa.gov/oig. Equal Employment Opportunity Commission ...... Mr. Jeffrey Smith, (202) 663–4200; www.eeoc.gov. Farm Credit Administration ...... Mr. Philip Shebest, (703) 883–4146; www.fca.gov. Federal Maritime Commission ...... Mr. Bruce Dombrowski, (202) 523–5800; www.fmc.gov. Federal Mediation and Conciliation Service ...... Mr. Dan Ellerman, (202) 606–5460; www.fmcs.gov. Federal Trade Commission ...... Ms. Darlene Cossette, (202) 326–3255; www.ftc.gov. General Services Administration ...... Mr. Paul Boyle, (202) 501–0324; www.gsa.gov. Harry S. Truman Scholarship Foundation ...... Ms. Tara Kneller, (202) 395–7434; www.truman.gov. James Madison Memorial Fellowship Foundation ...... Mr. Steve Weiss, (202) 653–6109; www.jamesmadison.com. National Archives and Records Administration ...... Ms. Lori Lisowski, (301) 837–1850; www.nara.gov.

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SECOND FAIR ACT RELEASE FY 2004—Continued National Archives and Records Administration (IG) ...... Mr. James Springs, (301) 837–3018; www.archives.gov/about_us/of- fice_of_the_inspector_general/index.html. National Capital Planning Commission ...... Mr. Barry Socks, (202) 482–7209; www.ncpc.gov. National Endowment for the Art ...... Mr. Ned Read, (202) 682–5782; www.arts.gov. National Endowment for the Humanities ...... Mr. Barry Maynes, (202) 606–8233; www.neh.gov. National Mediation Board ...... Ms. Grace Ann Leach, (202) 692- 5010; www.nmb.gov. Nuclear Waste Technical Review Board ...... Ms. Joyce Dory, (703) 235–4473; www.nwtrb.gov. Office of Personnel Management ...... Mr. Ronald Flom, (202) 606–2200; www.opm.gov. Office of the Special Counsel ...... Ms. Sharyn Danch, (202) 254–3600; www.osc.gov. Office of the U.S. Trade Representative ...... Ms. Susan Buck, (202) 395–9412; www.ustr.gov. Peace Corps ...... Ms. Janice Hagginbothom, (202) 692–1655; www.peacecorps.gov. Small Business Administration ...... Mr. Robert J. Moffitt, (202) 205–6610; www.sba.gov/fair. Small Business Administration (IG) ...... Ms. Robert Fisher, (202) 205–6583; www.sba.gov/ig. U.S. Patent and Trademark Office ...... Mr. Aprie Balian, (703) 305–9357; www.uspto.gov. U.S. Trade Development Agency ...... Ms. Barbara Bradford, (703) 875–4357; www.tda.gov

[FR Doc. 05–938 Filed 1–14–05; 8:45 am] listing on the Amex and from an order granting the application after BILLING CODE 3110–01–P registration under Section 12(b) of the the date mentioned above, unless the Act,3 and shall not affect its obligation Commission determines to order a to be registered under Section 12(g) of hearing on the matter. 4 SECURITIES AND EXCHANGE the Act. For the Commission, by the Division of COMMISSION Any interested person may, on or Market Regulation, pursuant to delegated before February 4, 2005, comment on authority.5 Issuer Delisting; Notice of Application the facts bearing upon whether the Jonathan G. Katz, of Corautus Genetics Inc. to Withdraw application has been made in Secretary. Its Common Stock, $.001 Par Value, accordance with the rules of the Amex, [FR Doc. E5–155 Filed 1–14–05; 8:45 am] From Listing and Registration on the and what terms, if any, should be BILLING CODE 8010–01–P American Stock Exchange LLC File No. imposed by the Commission for the 1–15833 protection of investors. All comment letters may be submitted by either of the January 10, 2005. SECURITIES AND EXCHANGE following methods: COMMISSION On December 17, 2004, Corautus Electronic Comments Genetics Inc., a Delaware corporation Issuer Delisting; Notice of Application (‘‘Issuer’’), filed an application with the • Send an e-mail to rule- of Edison International to Withdraw Its Securities and Exchange Commission [email protected]. Please include the Common Stock, No Par Value, and (‘‘Commission’’), pursuant to Section File Number 1–15833 or; Rights to Purchase Series A Junior 12(d) of the Securities Exchange Act of Participating Cumulative Preferred 1 Paper Comments 1934 (‘‘Act’’) and Rule 12d2–2(d) Stock, No Par Value, From Listing and 2 • thereunder, to withdraw its common Send paper comments in triplicate Registration on the Pacific Exchange, stock, $.001 par value (‘‘Security’’), from to Jonathan G. Katz, Secretary, Inc. File No. 1–09936 listing and registration on the American Securities and Exchange Commission, Stock Exchange LLC (‘‘Amex’’). 450 Fifth Street, NW., Washington, DC January 10, 2005. The Issuer stated that it determined 20549–0609. On December 20, 2004, Edison that it is in the best interest of the Issuer All submissions should refer to File International, a California corporation to withdraw the Security from listing on Number 1–15833. This file number (‘‘Issuer’’), filed an application with the the Amex and to list on The Nasdaq should be included on the subject line Securities and Exchange Commission National Market (‘‘Nasdaq’’). The Issuer if e-mail is used. To help us process and (‘‘Commission’’), pursuant to Section stated that it believes that changing its review your comments more efficiently, 12(d) of the Securities Exchange Act of listing to the Nasdaq at this time will please use only one method. The 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) better serve its shareholders by Commission will post all comments on thereunder,2 to withdraw its common enhancing the visibility of the Issuer the Commission’s Internet Web site stock, no par value, and rights to and increase the liquidity in its Security (http://www.sec.gov/rules/delist.shtml). purchase series A junior participating as a result of the multiple market marker Comments are also available for public cumulative preferred stock, no par value structure. Trading in the Security on the inspection and copying in the (collectively, ‘‘Securities’’), from listing Nasdaq began on October 13, 2004. Commission’s Public Reference Room, and registration on the Pacific The Issuer states that it has met the 450 Fifth Street, NW., Washington, DC Exchange, Inc. (‘‘PCX’’). requirements of the Amex’s rules 20549. All comments received will be The Board of Directors (‘‘the Board’’) governing an issuer’s voluntary posted without change; we do not edit of the Issuer approved resolutions on withdrawal of a security from listing personal identifying information from November 18, 2004, to withdraw the and registration by complying with all submissions. You should submit only Securities from listing on the PCX. The the applicable laws in effect in information that you wish to make Board stated that the reasons for its Delaware, in which it is incorporated. available publicly. decision to withdraw the Securities The Issuer’s application relates solely The Commission, based on the from the PCX are as follows: (i) The to the withdrawal of the Security from information submitted to it, will issue 5 17 CFR 200.30–3(a)(1). 1 15 U.S.C. 78l(d). 3 15 U.S.C. 78l(b). 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). 4 15 U.S.C. 78l(g). 2 17 CFR 240.12d2–2(d).

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Securities are listed and predominately personal identifying information from with maintaining dual listing of the traded on the New York Stock submissions. You should submit only Securities on the PCX and the Amex; Exchange, Inc. (‘‘NYSE’’), and the information that you wish to make and (iv) there were no significant Securities will continue to be listed on available publicly. business reasons for maintaining the NYSE, giving shareholders a continued The Commission, based on the listing of the Securities on the PCX. means of trading their Securities; (ii) as information submitted to it, will issue The Issuer stated in its application a listed company on the NYSE and PCX, an order granting the application after that it has complied with applicable the Issuer is subject to dual and the date mentioned above, unless the rules of the PCX Rule 5.4(b) by potentially conflicting regulation; (iii) Commission determines to order a providing the PCX with the required the Issuer wishes to eliminate the hearing on the matter. documents governing the withdrawal of additional costs and administrative For the Commission, by the Division of securities from listing and registration burdens associated with maintaining Market Regulation, pursuant to delegated on the PCX. The Issuer’s application dual listing of the Securities on the PCX authority.4 relates solely to the withdrawal of the and the NYSE; and (iv) there were no Jonathan G. Katz, Securities from listing on the PCX and significant business reasons for Secretary. shall not affect its continued listing on maintaining the listing of the Securities [FR Doc. E5–154 Filed 1–14–05; 8:45 am] the Amex or its obligation to be on the PCX. BILLING CODE 8010–01–P registered under Section 12(b) of the The Issuer stated in its application Act.3 that it has complied with applicable rules of the PCX Rule 5.4(b) by Any interested person may, on or SECURITIES AND EXCHANGE before February 4, 2005 comment on the providing the PCX with the required COMMISSION documents governing the withdrawal of facts bearing upon whether the securities from listing and registration Issuer Delisting; Notice of Application application has been made in on the PCX. The Issuer’s application of Southern California Edison accordance with the rules of the PCX, relates solely to the withdrawal of the Company to Withdraw Its Cumulative and what terms, if any, should be Securities from listing on the PCX and Preferred Stock, 4.08% Series, 4.24% imposed by the Commission for the shall not affect its continued listing on Series, 4.32% Series, and 4.78% Series, protection of investors. All comment the NYSE or its obligation to be $25 Par Value, From Listing and letters may be submitted by either of the registered under Section 12(b) of the Registration on the Pacific Exchange, following methods: Act.3 Inc. File No. 1–02313 Electronic Comments Any interested person may, on or before February 4, 2005 comment on the January 10, 2005. • Send an e-mail to rule- facts bearing upon whether the On December 20, 2004, Southern [email protected]. Please include the application has been made in California Edison Company, a California File Number 1–02313 or; corporation (‘‘Issuer’’), filed an accordance with the rules of the PCX, Paper Comments and what terms, if any, should be application with the Securities and imposed by the Commission for the Exchange Commission (‘‘Commission’’), • Send paper comments in triplicate protection of investors. All comment pursuant to Section 12(d) of the to Jonathan G. Katz, Secretary, letters may be submitted by either of the Securities Exchange Act of 1934 Securities and Exchange Commission, following methods: (‘‘Act’’) 1 and Rule 12d2–2(d) 450 Fifth Street, NW., Washington, DC thereunder,2 to withdraw its cumulative 20549–0609. Electronic Comments preferred stock, 4.08% series, 4.24% • All submissions should refer to File Send an e-mail to rule- series, 4.32% series, and 4.78% series, Number 1–02313. This file number [email protected]. Please include the $25 par value (collectively, should be included on the subject line File Number 1–09936 or; ‘‘Securities’’), from listing and if e-mail is used. To help us process and registration on the Pacific Exchange, Paper Comments review your comments more efficiently, Inc. (‘‘PCX’’). • Send paper comments in triplicate please use only one method. The The Board of Directors (‘‘the Board’’) Commission will post all comments on to Jonathan G. Katz, Secretary, of the Issuer approved a resolution on Securities and Exchange Commission, the Commission’s Internet Web site November 18, 2004 to withdraw the (http://www.sec.gov/rules/delist.shtml). 450 Fifth Street, NW., Washington, DC Securities from listing on the PCX. The 20549–0609. Comments are also available for public Board stated that the reasons for its inspection and copying in the All submissions should refer to File decision to withdraw the Securities Number 1–09936. This file number Commission’s Public Reference Room, from the PCX are as follows: (i) The 450 Fifth Street, NW., Washington, DC should be included on the subject line Securities are listed and traded on the if e-mail is used. To help us process and 20549. All comments received will be American Stock Exchange LLC, posted without change; we do not edit review your comments more efficiently, (‘‘Amex’’), and the Securities will please use only one method. The personal identifying information from continue to be listed on Amex, giving submissions. You should submit only Commission will post all comments on shareholders a continued means of the Commission’s Internet Web site information that you wish to make trading their Securities; (ii) as a listed available publicly. (http://www.sec.gov/rules/delist.shtml). company on the Amex and PCX, the Comments are also available for public Issuer is subject to dual and potentially The Commission, based on the inspection and copying in the conflicting regulation; (iii) the Issuer information submitted to it, will issue Commission’s Public Reference Room, wishes to eliminate the additional costs an order granting the application after 450 Fifth Street, NW., Washington, DC and administrative burdens associated the date mentioned above, unless the 20549. All comments received will be Commission determines to order a posted without change; we do not edit 4 17 CFR 200.30–3(a)(1). hearing on the matter. 1 15 U.S.C. 78l(d). 3 15 U.S.C. 78l(b). 2 17 CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b).

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For the Commission, by the Division of statements may be examined at the crowd by explicitly indicating to such Market Regulation, pursuant to delegated places specified in Item IV below. The DPM or non-DPM trading crowd at the authority.4 Exchange has prepared summaries, set time of allocation that the allocation is Jonathan G. Katz, forth in sections (A), (B), and (C) below, temporary. The Committee that made Secretary. of the most significant parts of such the temporary allocation may, at any [FR Doc. E5–153 Filed 1–14–05; 8:45 am] statements. time during the first twelve months BILLING CODE 8010–01–P following the granting of the temporary A. Self-Regulatory Organization’s allocation, determine it is in the best Statement of the Purpose of, and interest of the Exchange to reallocate the Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE security such that: (i) A security initially Change COMMISSION allocated to a DPM is reallocated to a [Release No. 34–51007; File No. SR–CBOE– 1. Purpose non-DPM trading crowd; or (ii) a 2005–03] CBOE Rule 8.95 governs the security initially allocated to a non-DPM allocation of securities on the Exchange trading crowd is reallocated to a DPM. Self-Regulatory Organizations; Notice and generally provides a framework by While proposed I&P .05 establishes the of Filing and Immediate Effectiveness which the Allocation or Special Product right to make temporary allocations, of Proposed Rule Change by the Assignment Committee determines nothing in this proposal eliminates the Chicago Board Options Exchange, Inc. whether to allocate a security to a ability of the appropriate committee to Relating to Allocations of Securities trading crowd or a Designated Primary take action in accordance with existing paragraphs (c) and (d) of CBOE Rule January 10, 2005. Market-Maker (‘‘DPM’’). Paragraph (b) gives these Committees the ability to 8.95. Pursuant to Section 19(b)(1) of the consider any factors they believe to be Securities Exchange Act of 1934 1 and 2. Statutory Basis relevant in making such determinations. Rule 19b–4 thereunder,2 notice is The purpose of this rule filing is to CBOE believes the proposed rule hereby given that on January 7, 2005, adopt Interpretations and Policies .05 change is consistent with the Act and the Chicago Board Options Exchange, (‘‘I&P .05’’) to CBOE Rule 8.95 to clarify the rules and regulations under the Act Inc. (‘‘CBOE’’ or ‘‘Exchange’’) filed with that the Exchange has the authority to applicable to a national securities the Securities and Exchange exchange and, in particular, the grant a temporary allocation. 6 Commission (‘‘Commission’’) the In this regard, the Exchange requirements of Section 6(b) of the Act. proposed rule change, as described in anticipates listing on the Hybrid Specifically, the Exchange believes the Items I, II, and III below, which Items proposed rule change is consistent with Trading System (‘‘Hybrid’’) new option 7 have been prepared by the CBOE. The classes on ETFs and possibly indexes in the Section 6(b)(5) of the Act, which Exchange has filed this proposed rule the very near future. Currently, index requires, among other things, that the change pursuant to Section 19(b)(3)(A) options and options on ETFs (‘‘index- rules of an exchange be designed to of the Act 3 and Rule 19b–4(f)(1) promote just and equitable principles of 4 based products’’) may only trade on thereunder, which renders the proposal Hybrid if they have an assigned DPM, trade, to prevent fraudulent and effective upon filing with the which precludes the trading of an manipulative acts and, in general, to Commission. The Commission is index-based product on Hybrid using an protect investors and the public interest. publishing this notice to solicit LMM system or a trading crowd with B. Self-Regulatory Organization’s comments on the proposed rule change only Market-Makers. In December, the Statement on Burden on Competition from interested persons. Exchange filed SR–CBOE–2004–87, CBOE does not believe that the which would allow it to trade these I. Self-Regulatory Organization’s proposed rule change will impose any index-based products without a DPM. Statement of the Terms of Substance of burden on competition not necessary or Upon approval of that rule filing, the the Proposed Rule Change appropriate in furtherance of the Exchange would like the ability to The Exchange proposes to adopt an purposes of the Act. reconsider changing the trading Interpretation to CBOE Rule 8.95 platform 5 C. Self-Regulatory Organization’s relating to temporary allocations of with respect to these index- Statement on Comments on the securities. The text of the proposed rule based products in order to determine if Proposed Rule Change Received From change is available at the CBOE’s Office the product should trade in a non-DPM Members, Participants or Others of the Secretary and at the environment. Accordingly, proposed I&P .05 Commission’s Public Reference Room. The Exchange neither solicited nor provides the ability to grant initial received written comments on the II. Self-Regulatory Organization’s allocations on a temporary basis and at proposed rule change. Statement of the Purpose of, and any point within one year to reallocate Statutory Basis for, the Proposed Rule the security such that it trades on a III. Date of Effectiveness of the Change different trading platform (e.g., from a Proposed Rule Change and Timing for Commission Action In its filing with the Commission, the DPM to a non-DPM trading crowd or Exchange included statements vice versa). The proposed I&P provides The foregoing proposed rule change is concerning the purpose of and basis for that the Special Product Assignment or immediately effective pursuant to the proposed rule change and discussed Allocation Committee may make Section 19(b)(3)(A) of the Act 8 and Rule any comments it received on the temporary allocations of securities 19b–4(f)(1) thereunder,9 because it proposed rule change. The text of these either to a DPM or a non-DPM trading constitutes a stated policy, practice, or interpretation with respect to the 5 The term ‘‘trading platform,’’ for purposes of 4 17 CFR 200.30–3(a)(1). this rule filing, refers to the system by which a 1 6 15 U.S.C. 78s(b)(1). security trades. A security may trade using a DPM 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. system, an LMM system, or upon approval of SR– 7 15 U.S.C. 78(f)(b)(5). 3 15 U.S.C. 78s(b)(3)(A). CBOE–2004–87, with a Market-Maker system 8 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(1). without a DPM or LMM. 9 17 CFR 240.19b–4(f)(1).

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meaning, administration, or available publicly. All submissions in Item IV below. FICC has prepared enforcement of an existing rule. At any should refer to File Number SR–CBOE– summaries, set forth in sections A, B, time within 60 days of the filing of such 2005–03 and should be submitted on or and C below, of the most significant proposed rule change, the Commission before February 8, 2005. aspects of such statements.2 may summarily abrogate such rule For the Commission, by the Division of A. Self-Regulatory Organization’s change if it appears to the Commission Market Regulation, pursuant to delegated Statement of the Purpose of, and that such action is necessary or authority.10 Statutory Basis for, the Proposed Rule appropriate in the public interest, for Jill M. Peterson, Change the protection of investors, or otherwise Assistant Secretary. in furtherance of the purposes of the [FR Doc. E5–150 Filed 1–14–05; 8:45 am] 1. Annual Audited Financial Statements Act. BILLING CODE 8010–01–P Currently, GSD requires non-U.S. IV. Solicitation of Comments members and applicants to submit financial statements prepared in Interested persons are invited to SECURITIES AND EXCHANGE accordance with U.S. generally accepted submit written data, views, and COMMISSION accounting principles (‘‘U.S. GAAP’’) arguments concerning the foregoing, ‘‘whenever necessary and feasible.’’ including whether the proposed rule [Release No. 34–51018; File No. SR–FICC– MBSD requires non-U.S. members and change is consistent with the Act. 2004–14] applicants to submit financial Comments may be submitted by any of Self-Regulatory Organizations; Fixed statements prepared in accordance with the following methods: Income Clearing Corporation; Notice of U.S. GAAP. Both divisions review such Electronic Comments Filing of a Proposed Rule Change financial statements as part of their • Use the Commission’s Internet Relating to Membership Requirements credit risk management program. FICC proposes to amend these comment form (http://www.sec.gov/ January 11, 2005. rules/sro.shtml); or requirements uniformly across both • Pursuant to Section 19(b)(1) of the divisions to enable non-U.S. members Send an e-mail to rule- Securities Exchange Act of 1934 [email protected]. Please include File 1 and applicants to submit financial (‘‘Act’’), notice is hereby given that on statements that are prepared according Number SR–CBOE–2005–03 on the July 14, 2004, the Fixed Income Clearing subject line. to any other generally accepted Corporation (‘‘FICC’’) filed with the accounting methodology (‘‘non-U.S. Paper Comments Securities and Exchange Commission GAAP’’). (‘‘Commission’’) proposed rule change • Send paper comments in triplicate In order to lessen the risk associated SR–FICC–2004–14. On July 15, July 30, to Jonathan G. Katz, Secretary, with accepting financial statements August 20, and November 10, 2004, Securities and Exchange Commission, prepared in accordance with non-U.S. FICC filed amendments 1, 2, 3, and 4 450 Fifth Street, NW., Washington, DC GAAP, FICC would increase the existing respectively. On January 3, 2005, FICC 20549–0609. minimum financial requirements of All submissions should refer to File filed amendment 5 and withdrew each applicant and member based on Number SR–CBOE–2005–03. This file amendments 1, 2, 3, and 4. The which non-U.S. GAAP was used to number should be included on the proposed rule change, as amended, is prepare the audited financial statement subject line if e-mail is used. To help the described in Items I, II, and III below, in the following manner: which Items have been prepared Commission process and review your (a) For applicants and members whose comments more efficiently, please use primarily by FICC. The Commission is publishing this notice to solicit financial statements are prepared in only one method. The Commission will accordance with International Financial post all comments on the Commission’s comments on the proposed rule change Reporting Standards (‘‘IFRS’’), the Internet Web site (http://www.sec.gov/ from interested persons. Companies Act of 1985 (‘‘U.K. GAAP’’), or rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s Canadian GAAP, the minimum financial submission, all subsequent Statement of the Terms of Substance of requirements would be one and one-half times the applicable requirements. amendments, all written statements the Proposed Rule Change (b) For applicants and members whose with respect to the proposed rule FICC proposes to amend the rules of financial statements are prepared in change that are filed with the its Government Securities Division accordance with a European Union country Commission, and all written (‘‘GSD’’) and Mortgage-Backed GAAP (‘‘EU GAAP’’) other than U.K. GAAP, communications relating to the Securities Division (‘‘MBSD’’) regarding the minimum financial requirements would proposed rule change between the membership requirements for non-U.S. be five times the applicable requirements. (c) For applicants and members whose Commission and any person, other than applicants and members. those that may be withheld from the financial statements are prepared in public in accordance with the II. Self-Regulatory Organization’s accordance with any other type of GAAP, the Statement of the Purpose of, and minimum financial requirements would be provisions of 5 U.S.C. 552, will be seven times the applicable requirements.3 available for inspection and copying in Statutory Basis for, the Proposed Rule Change the Commission’s Public Reference 2 The Commission has modified the text of the Section, 450 Fifth Street, NW., In its filing with the Commission, summaries prepared by FICC. Washington, DC 20549. Copies of such FICC included statements concerning 3 In order to determine the appropriate premiums, filing also will be available for the purpose of and basis for the FICC’s risk management staff compiled all the U.S. GAAP and non-U.S. GAAP equity capital figures of inspection and copying at the principal proposed rule change and discussed any financial institutions that filed SEC Form 20–F or office of the CBOE. All comments comments it received on the proposed 40–F for their 2002 and/or 2003 fiscal year ends to received will be posted without change; rule change. The text of these statements identify the largest absolute differences between the Commission does not edit personal may be examined at the places specified U.S. GAAP and non-U.S. GAAPs. The staff found that approximately 50% was the largest difference identifying information from when the U.S. GAAP figures were compared to submissions. You should submit only 10 17 CFR 200.30–3(a)(12). IFRS, U.K. GAAP, and Canadian GAAP. The largest information that you wish to make 1 15 U.S.C. 78s(b)(1). Continued

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For example, currently under the quarterly financial information to GSD. their submission to their relevant GSD’s rules, the minimum financial The GSD rules also currently require regulator, copies of regulatory requirement for a bank netting member non-U.S. members and applicants to notifications required to be made when is equity capital of US$100 million. This also submit all ‘‘material regulatory a member’s capital levels or other will continue to be the requirement for filings’’ that the entity makes with its financial requirements fall below all such members (both U.S. and non- primary regulator in its home prescribed levels.6 The proposed rule U.S. members), whose financial jurisdiction. However, FICC cannot change would expand this to require statements are prepared in accordance specifically identify all such material members to submit to FICC any with U.S. GAAP. If such a member’s regulatory filings for non-U.S. members regulatory notifications required to be financial statements were prepared in and applicants with confidence. made when it does not comply with its accordance with IFRS, U.K. GAAP, or In order to enhance FICC’s credit risk financial reporting and responsibility Canadian GAAP, the member’s monitoring program, the proposed rule standards set by its home country minimum financial requirement would change, which would be adopted regulator and when it becomes subject be US$150 million. If such a member’s uniformly across both FICC divisions, to a disciplinary action by its home financial statements were prepared in would require non-U.S. members (other country regulator. In addition, the accordance with an EU country GAAP than those organized or established in proposed rule change would make the other than U.K. GAAP, the member’s the U.K. and regulated by the FSA) to late submission of any such filing minimum financial requirement would provide specific monthly or quarterly subject to a fine and other related be US$500 million. If a member’s financial data, as applicable, directly to consequences that have been recently financial statements were prepared in FICC. FICC will provide the non-U.S. approved by or are pending with the accordance with any other type of members with a form requesting specific Commission.7 This proposed rule GAAP, the member’s minimum financial data related to capital, assets, change would require that such filings financial requirement would be US$700 liabilities, revenue, pertinent ratios, and be submitted to FICC in English or be million. various capital requirements, as in a fair and accurate English translation 4 FICC would retain the requirement applicable. Each non-U.S. member will if they have been translated into that annual audited financial statements be required to complete the form, have English. submitted by members and applicants it signed by the entity’s chief financial Finally, the proposed rule change be certified without qualification. The officer, chief executive officer, or similar would require MBSD non-U.S. regulated proposed rule change would make clear high-ranking official, and return it to applicants to certify that they are in that annual audited financial statements FICC by a prescribed deadline. compliance with the financial reporting must be prepared in accordance with Broker-dealers and banks that are and responsibility standards of their generally accepted accounting organized or established in the U.K. and home country. This requirement was regulated by the Financial Services 8 principles. In addition, all information recently added to GSD’s rules. Authority (‘‘FSA’’) will be required to submitted to FICC would have to be in submit certain regulatory monthly or 3. Legal Risk English or would have to be a fair and quarterly reports, as applicable, that are accurate English translation if the FICC believes that members that are filed with the FSA.5 Because FICC will information had been translated into incorporated outside of the U.S. present be able to obtain the necessary financial English. Additionally, in order to FICC with increased legal risk in the data from these reports, these U.K. firms accommodate this change for members event they become insolvent as will not be required to complete and other than banks, the proposed rule compared to members incorporated submit FICC’s financial reporting form 9 change provides that specific references within the U.S. Notwithstanding the as are other non-U.S. members. The to the term U.S. regulatory capital protections for clearing agencies proposed rule change will provide that 10 should be deemed to refer to the general contained in the U.S. federal laws and failure to submit the financial form or the New York Banking Law (which is term of ‘‘regulatory capital.’’ the U.K. regulatory reports, as The proposed rule changes would be applicable to GSD foreign netting applicable, to FICC within the members with New York state-licensed applied to current members as well as timeframes required by FICC will applicants. branches and agencies), there is a risk subject a member to the same that a U.S. court could determine not to 2. Material Regulatory Filings consequences, including a fine, as is apply New York law to the adjudication currently provided for in FICC’s rules. As part of its credit risk management, of FICC’s rights against an insolvent FICC recognizes that certain 11 FICC requires applicants and members non-U.S. member. In such event, the regulatory filings provide warnings of to submit interim financial data. In the possible concerns regarding a member’s 6 case of U.S. bank and broker-dealer Securities Exchange Act Release Nos. 49947 compliance with regulatory standards (June 30, 2004), 69 FR 41316 (July 8, 2004) [File No. members, the GSD and the MBSD are and its financial status. For example, SR–FICC–2003–01] and 49156 (Jan. 30, 2004), 69 FR able to obtain this financial information 5881 (Feb. 6, 2004) [File No. SR–MBSCC–2001–06]. under FICC’s current rules, GSD’s and through regulatory reports. Non-U.S. 7 Securities Exchange Act. Release No. 50659 MBSD’s U.S. broker-dealer members are MBSD members are required to submit (Nov. 15, 2004), 69 FR 67767 (Nov. 19, 2004) [File required to submit to FICC SEC Rule No. FICC–SR–2004–11] and FICC–SR–2004–13 unaudited monthly financial statements 17a–11 reports. GSD’s netting members, (currently pending with the Commission). to MBSD. Non-U.S. GSD netting 8 MBSD’s U.S. non-broker-dealer Securities Exchange Act Release No. 34–50617 members are required to submit certain (Nov. 1, 2004), 69 FR 64796 (Nov. 8, 2004) [File No. members, and all non-U.S. members SR–FICC–2004–01]. must submit to FICC, concurrently with 9 difference was approximately 528% when the U.S. At this time, GSD will continue to only permit GAAP figures were compared to EU country GAAP non-U.S. banks operating out of U.S. branches or figures. Finally, approximately 400% was the 4 The proposed rule changes would replace the agencies to be Foreign Netting Members. largest difference when the U.S. GAAP figures were current financial documents required by the FICC 10 E.g., the Federal Deposit Insurance Corporation compared to all other non-U.S. GAAPs. (FICC staff membership agreements. Improvement Act of 1991 and the U.S. Bankruptcy determined that it would be prudent to apply a 5 Although FICC currently has no U.K. members, Code. premium of seven times the existing requirement.) FICC is familiar with the regulatory reports filed by 11 This particular matter is currently being FICC staff will assess these premiums annually and banks and broker-dealers that are organized or adjudicated in a case that will be argued before the will report to Commission staff on its findings. established in the U.K. and regulated by the FSA. Second Circuit involving a Serbian governmental

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foregoing protections may not be opinions (or letters) within three applicant has been in business or has available to FICC. months of the approval of this filing by been registered or licensed for a lesser In order to mitigate this risk, FICC has the Commission. FICC would then period. For example, a GSD U.S. broker- required, and will continue to require, review with the assistance of its outside dealer applicant that is a monthly non-U.S. GSD netting and MBSD counsel all such revised legal opinions FOCUS filer would need to submit clearing applicants to submit non-U.S. (and those original legal opinions that copies of all of its FOCUS reports filed legal opinions drafted by outside counsel indicates remain current) and during the preceding 12 months. With counsel from the jurisdiction in which determine whether protective measures respect to 17a–11 reports, where the the member is incorporated and/or need to be taken or whether the current current rules do not specify the primarily conducts its business. FICC increased collateral requirements necessary time period, the proposed will continue to make a case-by-case should continue, be relaxed, or be rule change requires U.S. broker-dealer determination, based on its analysis of eliminated. applicants to submit all 17a–11 reports the legal opinion, as to the legal risks The proposed rule change would also filed during the preceding 24 months. presented by the home country laws of require all non-U.S. members to provide FICC believes that the proposed rule such applicants. In doing so, FICC will an annual update of their non-U.S. legal change is consistent with the retain U.S. outside counsel to review the opinion or to provide a letter from their requirements of Section 17A of the opinions and to advise FICC of any risks outside counsel stating that no material Act 14 and the rules and regulations presented. The proposed rule filing issues have arisen since the issuance of thereunder because it will enhance makes clear that, based on the review of the opinion or the last update. FICC may FICC’s assessment and surveillance of the legal opinion, FICC will determine impose such additional requirements on applicants and members and therefore what, if any, protective measures will be such members as described above based help assure the safeguarding of required to mitigate any legal risks. on review of such updated legal securities and funds which are in its Protective action may, for example, take opinions. custody or control. the form of requiring the member to post additional collateral and/or requiring a 4. Additional Changes B. Self-Regulatory Organization’s member to post a certain percentage of Upon reviewing its membership rules Statement on Burden on Competition its collateral requirement in a certain for non-U.S. members, FICC has FICC does not believe that the form (such as letters of credit). determined that certain rules applicable proposed rule change will have any FICC recognizes that some of its non- to both U.S. and non-U.S. applicants impact or impose any burden on U.S. netting and clearing members have and members need to be updated. competition. been members for some time. In order Specifically, the proposed rule change C. Self-Regulatory Organization’s to protect itself against any adverse would delete all references to Statement on Comments on the changes in home country law that may certifications by the chief executive Proposed Rule Change Received From have arisen since the members officer, chief financial officer, or other Members, Participants, or Others submitted their legal opinions and in that accompany financial statements, order to determine whether any positive financial data, or regulatory reports. FICC has received comments on the developments in home country law These certifications do not appear to be proposed rule change orally and in would support eliminating or relaxing standard documentation, and FICC writing from the Institute of the collateral premiums currently historically has not received such International Banks, representing the imposed on certain members,12 FICC is certifications. If a need to request a GSD non-U.S. members and from one proposing to require all of its current certification with respect to a particular non-U.S. MBSD participant. All such non-U.S. members (except those member or applicant arises, FICC would comments have been forwarded to the members whose opinions have been have the authority to request it pursuant Commission. issued within the past 18 months) to to the general authority that it has in III. Date of Effectiveness of the submit a current legal opinion from both division’s rules to seek additional outside non-U.S. counsel addressing the Proposed Rule Change and Timing for information. Commission Action non-U.S. legal issues or to provide a In addition, in a prior proposed rule letter on their outside counsel’s change approved by the Commission, Within thirty-five days of the date of letterhead stating that no material FICC amended its rules intending to publication of this notice in the Federal changes have occurred in home country give FICC the option to request that Register or within such longer period (i) law since the date of the original legal financial figures be submitted in U.S. as the Commission may designate up to opinions. FICC would require its current dollar equivalents.13 This proposed rule ninety days of such date if it finds such members to submit these updated legal change deletes this option from FICC’s longer period to be appropriate and rules as FICC performs these publishes its reasons for so finding or agency that has brought a U.S. Bankruptcy Code calculations itself, intends to continue (ii) as to which the self-regulatory Section 304 proceeding seeking to have the organization consents, the Commission disposition of the assets of certain Yugoslavian doing so, and believes that the pending banks with New York state-licensed agencies be language has the potential for confusion. will: considered under home country law. See Agency In addition, the proposed rule change (A) By order approve such proposed for Deposit Ins., Rehab., Bankr. & Liquidation of would amend the number of recent rule change or Banks v. Superintendent of Banks, Case No. 03–CV– routine regulatory reports that a U.S. (B) Institute proceedings to determine 9320 (JSR), Case No. 03–CV–9321 (JSR), 2004 U.S. whether the proposed rule change Dist. LEXIS 10848 (S.D.N.Y. June 2004). GSD netting or MBSD clearing applicant 12 GSD currently has three non-U.S. netting is required to submit to FICC to the should be disapproved. members that are subject to increased clearing fund number of such reports that the entity IV. Solicitation of Comments requirements due to past determinations of the has filed during the preceding 12 heightened legal risk presented by the insolvency months or a lesser period if the Interested persons are invited to laws of their home jurisdictions. These members are submit written data, views, and currently posting 100 percent of their clearing fund requirement in the form of one or more letters of 13 FICC 2004–01, supra note 8. This proposed arguments concerning the foregoing, credit and an additional 30 percent in the form of filing (i.e., FICC–2004–14) proposes to delete the cash and securities. reference to U.S. dollar equivalents completely. 14 15 U.S.C. 78q–1.

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including whether the proposed rule SECURITIES AND EXCHANGE member to submit annual audited change is consistent with the Act. COMMISSION financial statements for a lesser period Comments may be submitted by any of and/or annual audited financial [Release No. 34–51021; File No. SR–FICC– the following methods: 2004–09] statements of a predecessor firm in the case of an applicant or member formed Electronic Comments Self-Regulatory Organizations; Fixed by a corporate transaction. If audited • Use the Commission’s Internet Income Clearing Corporation; Order financial statements cannot be obtained, comment form (http://www.sec.gov/ Approving a Proposed Rule Change newly-formed applicants will be rules/sro.shtml); or Relating to Changes to Membership permitted to submit unaudited pro • Send an e-mail to rule- Requirements forma financial statements. If FICC accepts pro forma or consolidated [email protected]. Please include File January 11, 2005. Number SR–FICC–2004–14 on the financial statements, the following shall On April 14, 2004, the Fixed Income subject line. apply: Clearing Corporation (‘‘FICC’’) filed 1. If an applicant is newly formed and Paper Comments with the Securities and Exchange does not have annual audited financial • Commission (‘‘Commission’’), a statements, the applicant shall be Send paper comments in triplicate proposed rule change pursuant to to Jonathan G. Katz, Secretary, required to submit pro forma financial Section 19(b)(1) of the Securities statements and, if it has filed any Securities and Exchange Commission, Exchange Act of 1934 (‘‘Act’’) 1 (File No. 450 Fifth Street, NW., Washington, DC regulatory reports, such regulatory SR–FICC–2004–09) and on November reports.5 FICC will verify the applicant’s 20549–0609. All submissions should 2 16, 2004, and January 3, 2005, capital base by reviewing evidence from refer to File Number SR–FICC–2004–14. amended the proposed rule change. This file number should be included on a third party as to the applicant’s capital Notice of the proposal was published in at the time of application.6 the subject line if e-mail is used. To help the Federal Register on November 30, the Commission process and review 2. If an applicant is newly formed as 2004.3 No comment letters were a result of a merger (or similar corporate your comments more efficiently, please received. For the reasons discussed use only one method. The Commission transaction), the applicant shall be below, the Commission is approving the required to submit pro forma financial will post all comments on the proposed rule change. Commission’s Internet Web site (http:// statements, the most recent annual www.sec.gov/rules/sro.shtml). Copies of I. Description audited financial statement of its the submission, all subsequent predecessor firm if such statement is FICC’s Government Securities available, and if it has filed regulatory amendments, all written statements Division (‘‘GSD’’) and Mortgage Backed with respect to the proposed rule reports, such regulatory reports. Securities Division (‘‘MBSD’’) rules will 3. If the applicant does not have its change that are filed with the be changed in the following areas: Commission, and all written own audited financial statements but is communications relating to the A. Annual Audited Financial consolidated in its parent’s audited proposed rule change between the Statements financial statements and it has filed its Commission and any person, other than own regulatory reports, the applicant Prior to this rule change, GSD’s rules shall be required to submit such those that may be withheld from the required U.S. applicants for GSD public in accordance with the regulatory reports in addition to the membership to submit annual audited consolidated financial statements. provisions of 5 U.S.C. 552, will be financial statements for the preceding available for inspection and copying in year and non-U.S. applicants to submit FICC believes the proposed rule change the Commission’s Public Reference annual audited financial statements for permitting less than two years of annual audited financial statements or unaudited Section, 450 Fifth Street, NW., the preceding three years. MBSD’s rules Washington, DC 20549. Copies of such pro forma financial statements is necessary used to require U.S. and non-U.S. and appropriate in order to accommodate filing also will be available for membership applicants to submit entities that are newly-formed and those that inspection and copying at FICC’s annual audited financial statements for are created as a result of a merger of existing principal office and on FICC’s Web site the preceding year. entities or other similar corporate at http://ficc.com/gov/gov.docs.jsp?NS- Under the rule change, FICC will transaction. First, firms that are newly- query=#rf. All comments received will amend both divisions’ rules to require formed do not have audited financials and in be posted without change; the GSD netting applicants and MBSD some instances can only provide pro forma Commission does not edit personal clearing applicants to submit two years financial statements. Second, the GSD’s rules already contemplate the admission of entities identifying information from of annual audited financial statements. submissions. You should submit only with little or no business history, which often However, if an applicant or member has are of equal or even greater credit quality information that you wish to make not been in business for two years (i.e., than more established entities. For example, available publicly. All submissions a newly-formed applicant or member 4), should refer to File Number SR–FICC– FICC will permit such applicant or 5 Unregulated and non-U.S. entities will be 2004–14 and should be submitted on or required to produce specific information that FICC before February 8, 2005. 1 15 U.S.C. 78s(b)(1). needs in order to develop a risk profile to evaluate 2 creditworthiness. This information will be For the Commission by the Division of Although the proposed rule change was amended after it was noticed for comment in the requested in a form provided to the firms by FICC Market Regulation, pursuant to delegated and signed by a senior officer of the firm. This form, 15 Federal Register, republication of the notice is not authority. necessary because the post-notice amendment made which was the subject of a proposed rule filing, SR– Jill M. Peterson, only a technical change to the proposed rule FICC–2004–14, replaced the requirement for the change. submission of regulatory reports by non-U.S. Assistant Secretary. entities. Securities Exchange Act Release No. 51018 3 Securities Exchange Act Release No. 50718 (Jan. 11, 2005). [FR Doc. E5–160 Filed 1–14–05; 8:45 am] (Nov. 22, 2004), 69 FR 69653. 6 BILLING CODE 8010–01–P For example, FICC may request a bank statement 4 A newly formed applicant includes a company to verify that cash has been deposited, thereby with no business history or a company formed as verifying that the applicant meets FICC’s minimum 15 17 CFR 200.30–3(a)(12). a result of a corporate transaction such as a merger. capital requirement.

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GSD’s rules provide that a netting applicant applicant is unregulated and regulatory control or for which it is responsible.9 must have an established, profitable business reports are thus not available, FICC may The rule change will harmonize both of history of a minimum of six months or request consolidating financial FICC’s division’s application personnel with sufficient operational statements from the member firm, background and experience to ensure in the requirements and will make clear to all judgment of FICC’s Membership and Risk which will show the financials of the applicants and members of the breadth Management Committee the ability of the entities that were included in the of financial information that FICC will firm to conduct its business.7 Third, FICC audited consolidated financial require and review in order to develop believes that the foregoing information will statement. an accurate risk profile to evaluate an provide sufficient evidence that the applicant In addition to this change, FICC will applicant’s or member’s financial meets FICC’s membership standards. Upon make a technical change to the term responsibility. Accordingly, the approval for membership, such a firm will be ‘‘financial statements’’ in GSD Rule 2, proposed rule should assist FICC required to submit interim financial data to Section 7, to update the current FICC, which will be used to monitor mitigate financial risk to itself and to its adherence to FICC’s established financial reference to ‘‘shareholder’s equity’’ to members and therefore should help parameters. As of its fiscal year-end, the firm ‘‘owner’s equity’’ to encompass those FICC to assure the safeguarding of will be required to provide its annual audited entities that do not have shareholders. securities and funds which are in its financial statement. At that time, the C. Compliance With Certain Capital custody or control or for which it is applicable interim statement will be responsible. compared to the audited financial statement. Requirements If there are discrepancies, the firm will be Before this rule change, GSD’s rules III. Conclusion required to supply FICC with an acceptable stated that a comparison-only applicant On the basis of the foregoing, the explanation. must be in compliance with the capital Commission finds that the proposal is B. Financial Statements Prepared at the requirements imposed by its designated consistent with the requirements of the Applicant or Member Level examining authority, appropriate Act and in particular with the Prior to this rule change, the rules of regulatory agency, or other examining requirements of Section 17A of the both FICC divisions specified that all authority or regulator, and any other Act 10 and the rules and regulations required audited financial statements be self-regulatory organizations to which it thereunder. prepared at the applicant or member is subject by statute, regulation, or It is therefore ordered, pursuant to level. However, some entities do not agreement. FICC will eliminate this Section 19(b)(2) of the Act, that the prepare their own audited financial requirement because comparison-only proposed rule change (File No. SR– statements. Their financial status is membership does not present FICC with FICC–2004–09) be, and hereby is, included in audited consolidated any credit or financial risk since FICC approved. financial statements of a parent does not guarantee that service. For the Commission by the Division of company.8 D. Letters of Credit Market Regulation, pursuant to delegated FICC will amend both divisions’ rules authority.11 to permit the submission of audited GSD’s rules used to provide that if an Jill M. Peterson, approved letter of credit issuer was a consolidated financial statements in Assistant Secretary. situations where audited financial non-U.S. bank acting through a branch or agency in the U.S., it was required to [FR Doc. E5–161 Filed 1–14–05; 8:45 am] statements are not prepared at the BILLING CODE 8010–01–P applicant or member level. First, many provide FICC with a ‘‘guarantee of members are not required to prepare performance’’ of such branch or agency their own audited financial statements deemed sufficient by FICC. FICC SECURITIES AND EXCHANGE by their regulators and doing so would believes that the current language needs COMMISSION be very expensive. Second, FICC is to be clarified because it was never comfortable in accepting audited meant to require a financial guarantee. [Release No. 34–51016; File No. SR–ISE– 2005–02] consolidated financial statements FICC believes that it is not appropriate to require the head office of an approved because FICC is able to obtain Self-Regulatory Organizations; Notice letter of credit issuer to provide a information regarding an applicant’s or of Filing and Immediate Effectiveness financial guarantee for its branch or member’s financial status through of Proposed Rule Change by the agency, given that the latter is simply an interim financial data on the applicant International Securities Exchange, Inc., ‘‘arm’’ of the head office itself and not or member itself. This interim data is on Establishing Fees for Transactions in the applicant or member firm level and a separate legal entity. Accordingly, FICC will change the Options on the Standard & Poor’s is obtained from regulatory reports filed Depository Receipts by the applicant or member itself or current language to specify that non- unaudited financial reports prepared U.S. banks wishing to become approved January 11, 2005. internally by the applicant or member. letter of credit issuers must have Pursuant to Section 19(b)(1) of the FICC staff compares data from the language in their opinion of counsel Securities Exchange Act of 1934 applicable interim statement to the indicating that the head office is (‘‘Act’’),1 and Rule 19b–4 thereunder,2 audited financial statement or ‘‘ultimately responsible’’ for the credit notice is hereby given that on January 6, applicable audited consolidated obligation of the branch or agency. This 2005, the International Securities financial statement. If there are language is already contained in the pro Exchange, Inc. (‘‘Exchange’’ or ‘‘ISE’’) discrepancies, the firm would be forma legal opinions that are part of the filed with the Securities and Exchange required to supply FICC with an FICC letter of credit issuer application. Commission (‘‘Commission’’) the acceptable explanation. In addition, in II. Discussion proposed rule change as described in instances where the member or Section 17A(b)(3)(F) of the Act 9 15 U.S.C. 78q–1(b)(3)(F). requires, among other things, that the 10 7 FICC Rule 2, § 4 and Rule 3, § 2(c). 15 U.S.C. 78q–1. 8 References to a ‘‘parent’’ company can mean a rules of a clearing agency be designed to 11 17 CFR 200.30–3(a)(12). direct parent, intermediate parent, or ultimate assure the safeguarding of securities and 1 15 U.S.C. 78s(b)(1). parent company. funds which are in its custody or 2 17 CFR 240.19b–4.

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Items I, II, and III below, which Items of introducing to the marketplace new No. SR–ISE–2005–02 on the subject have been prepared by the Exchange. products that are competitively priced. line. The Commission is publishing this 2. Statutory Basis notice to solicit comments on the Paper Comments proposed rule change from interested The Exchange believes that the • Send paper comments in triplicate proposal is consistent with Section persons. to Jonathan G. Katz, Secretary, 6(b)(4) of the Act,5 in that it provides for Securities and Exchange Commission, I. Self-Regulatory Organization’s the equitable allocation of reasonable Statement of the Terms of Substance of dues, fees and other charges among its 450 Fifth Street, NW., Washington, DC the Proposed Rule Change members and other persons using its 20549–0609. The ISE is proposing to amend its facilities. All submissions should refer to File Schedule of Fees to establish fees for Number SR–ISE–2005–02. This file B. Self-Regulatory Organization’s transactions in options on the Standard number should be included on the  Statement on Burden on Competition & Poor’s Depository Receipts, or subject line if e-mail is used. To help the  SPDR . The text of the proposed rule The Exchange does not believe that Commission process and review your change is available at the Commission the proposed rule change will impose comments more efficiently, please use and at the Exchange. any burden on competition that is not only one method. The Commission will necessary or appropriate in furtherance II. Self-Regulatory Organization’s post all comments on the Commissions of the purposes of the Act. Statement of the Purpose of, and Internet Web site (http://www.sec.gov/ Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Change Statement on Comments on the submission, all subsequent In its filing with the Commission, the Proposed Rule Change Received From amendments, all written statements Exchange included statements Members, Participants or Others with respect to the proposed rule concerning the purpose of, and basis for, The Exchange has not solicited, and change that are filed with the the proposed rule change and discussed does not intend to solicit, comments on Commission, and all written any comments it received on the this proposed rule change. The communications relating to the proposed rule change. The text of these Exchange has not received any proposed rule change between the statements may be examined at the unsolicited written comments from Commission and any person, other than places specified in Item IV below. The members or other interested parties with those that may be withheld from the Exchange has prepared summaries, set respect to this proposed rule change. public in accordance with the forth in sections A, B and C below, of provisions of 5 U.S.C. 552, will be III. Date of Effectiveness of the the most significant aspects of such available for inspection and copying in Proposed Rule Change and Timing for statements. the Commission’s Public Reference Commission Action A. Self-Regulatory Organization’s Room. Copies of such filing also will be The foregoing rule change has become Statement of the Purpose of, and available for inspection and copying at effective pursuant to Section Statutory Basis for, the Proposed Rule the principal office of the ISE. All 19(b)(3)(A)(ii) of the Act 6 and Rule 19b– comments received will be posted Change 7 4(f)(2) thereunder, because it concerns without change; the Commission does 1. Purpose a fee imposed by the Exchange. At any not edit personal identifying The Exchange is proposing to amend time within 60 days of the filing of the information from submissions. You its Schedule of Fees to establish fees for proposed rule change, the Commission should submit only information that may summarily abrogate such rule transactions in options on Standard & you wish to make available publicly. All   change if it appears to the Commission Poor’s Depository Receipts , or SPDR . submissions should refer to File that such action is necessary or Specifically, the Exchange is proposing Number SR–ISE–2005–02 and should be appropriate in the public interest, for to adopt an execution fee and a submitted on or before Feburary 8, 2005. comparison fee for all transactions in the protection of investors, or otherwise options on SPDRs.3 The amount of the in furtherance of the purposes of the For the Commission, by the Division of execution fee and comparison fee shall Act. Market Regulation, pursuant to delegated authority.8 be the same for all order types on the IV. Solicitation of Comments Exchange—that is, orders for Public Jill M. Peterson, Interested persons are invited to Customers, Market Makers, and Firm Assistant Secretary. submit written data, views, and Proprietary—and shall be equal to the [FR Doc. E5–149 Filed 1–14–05; 8:45 am] arguments concerning the foregoing, execution fee and comparison fee BILLING CODE 8010–01–P currently charged by the Exchange for including whether the proposed rule Market Maker and Firm Proprietary change is consistent with the Act. Comments may be submitted by any of transactions in equity options.4 The the following methods: Exchange believes the proposed rule change will further the Exchange’s goal Electronic Comments • Use the Commission’s Internet 3 The Exchange has represented that these fees will be charged only to Exchange members. comment form (http://www.sec.gov/ Telephone conversation between Joseph Ferraro, rules/sro.shtml); or Associate General Counsel, ISE, and Nathan • Send an E-mail to rule- Saunders, Attorney, Division of Market Regulation, [email protected]. Please include File Commission, January 10, 2005. 4 The execution fee is currently between $.21 and $.12 per contract side, depending on the Exchange 5 15 U.S.C. 78f(b)(4). Average Daily Volume, and the comparison fee is 6 15 U.S.C. 78s(b)(3)(A)(ii). currently $.03 per contract side. 7 17 CFR 19b–4(f)(2). 8 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE would not otherwise dually list, to the or after September 17, 2004. For issuers COMMISSION Nasdaq market. Without this program, it that have paid these fees, Nasdaq will is unlikely that an issuer would choose refund the money. These issuers will be [Release No. 34–51005; File No. SR–NASD– 2004–142] to dually list its securities. Nasdaq subject to the same level of annual fees believes that issuers that dually list may and listing of additional shares fees as Self-Regulatory Organizations; eventually determine to transfer their other Nasdaq issuers. Nasdaq states that National Association of Securities listings to Nasdaq.8 The Commission it does not anticipate that a large Dealers, Inc.; Order Approving believes that competition among listing number of issuers will change their Proposed Rule Change To Establish markets has the potential to benefit the listing market,4 thus Nasdaq expects Fees for Companies With a Dual public, issuers, and the listing markets. that the proposed rule change will not Listing on the New York Stock It is therefore ordered, pursuant to have a material financial impact on 9 Exchange and Nasdaq Section 19(b)(2) of the Act, that the Nasdaq. Nasdaq states that the proposed proposed rule change (SR–NASD–2004– rule change will not affect Nasdaq’s January 10, 2005. 142) be, and it hereby is, approved. commitment of resources to its On September 28, 2004, the National For the Commission, by the Division of regulatory oversight of the listing Association of Securities Dealers, Inc. Market Regulation, pursuant to delegated process or its regulatory programs. More 10 (‘‘NASD’’), through its subsidiary, the authority. specifically, Nasdaq represents that Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), Jill M. Peterson, companies that switch their listing will filed with the Securities and Exchange Assistant Secretary. be reviewed for compliance with Commission (‘‘Commission’’), pursuant [FR Doc. E5–151 Filed 1–14–05; 8:45 am] Nasdaq listing standards in the same to Section 19(b)(1) of the Securities BILLING CODE 8010–01–P 1 manner as any other company that Exchange Act of 1934 (‘‘Act’’) and Rule applies to be listed on Nasdaq. Nasdaq 19b–4 thereunder,2 a proposed rule will conduct a full and independent change to adopt a fee schedule for SECURITIES AND EXCHANGE review of each issuer’s compliance with issuers that are dually listed on the New COMMISSION Nasdaq’s listing standards. York Stock Exchange (‘‘NYSE’’) and Nasdaq. The proposed rule change was [Release No. 34–51004; File No. SR–NASD– The Commission finds that the 2004–140] published for comment in the Federal proposed rule change is consistent with Register on December 3, 2004.3 The Self-Regulatory Organizations; the requirements of the Act and the Commission received no comments on National Association of Securities rules and regulations thereunder the proposal. This order approves the Dealers, Inc.; Order Approving applicable to a registered securities 5 proposed rule change. Proposed Rule Change To Eliminate association and, in particular the 6 The filing establishes a fee schedule Entry and Application Fees for requirements of Section 15A of the Act. for NYSE issuers that chose to dually Exchange-Listed Issuers Transferring The Commission finds specifically that list on Nasdaq during Nasdaq’s initial Listings to Nasdaq the proposed rule change is consistent pilot, January 12, 2004, to December 31, with Section 15A(b)(5) 7 and 15A(b)(6) 8 2004. The annual listing fee for dually January 10, 2005. of the Act, because while Nasdaq is listed issuers will be $15,000. It will On September 20, 2004, the National eliminating certain fees for this group of apply to NYSE issuers that are currently Association of Securities Dealers, Inc. issuers based on Nasdaq’s belief that dually listed, as well as issuers who (‘‘NASD’’), through its subsidiary, The review of their applications will not choose to do so in the future. Nasdaq Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), require the same amount of resources as will use the fee to support the cost of filed with the Securities and Exchange is required to review applications of issuer services, including regulatory Commission (‘‘Commission’’), pursuant other issuers, Nasdaq will continue to oversight and to fund future product to Section 19(b)(1) of the Securities review for and enforce compliance with and service investments. Exchange Act of 1934 (‘‘Act’’) 1 and Rule its listing requirements by these issuers. The Commission finds that the 19b–4 thereunder,2 a proposed rule The Commission believes that Nasdaq’s proposed rule change is consistent with change to eliminate the entry and program may ultimately benefit issuers the requirements of the Act and the application fees imposed upon issuers and investors because competition rules and regulations thereunder listed on a national securities exchange among listing markets has the potential applicable to a registered securities that transfer their listings to Nasdaq. to enhance the quality of services that association 4 and, in particular the The proposed rule change was listing markets provide. requirements of Section 15A of the Act.5 published for comment in the Federal 3 It is therefore ordered, pursuant to The Commission finds specifically that Register on December 3, 2004. The Section 19(b)(2) of the Act,9 that the the proposed rule change is consistent Commission received no comments on proposed rule change (SR–NASD–2004– with Section 15A(b)(5) 6 and 15A(b)(6) 7 the proposal. This order approves the 140) be, and it hereby is, approved. of the Act, in that Nasdaq’s dual listing proposed rule change. program with the lower listing fee has Pursuant to this proposed rule the potential to bring new issuers that change, Nasdaq will eliminate entry and 4 Nasdaq stated that, as of November 12, 2004, application fees for exchange issuers seven issuers had become dually listed on Nasdaq. Nasdaq’s goal is for these issuers to eventually 1 15 U.S.C. 78s(b)(1). that transfer their listing to Nasdaq on transfer their listings to Nasdaq. See also Securities 2 17 CFR 240.19b–4. Exchange Act Release No. 51005, January 10, 2005, 3 See Securities Exchange Act Release No. 50741 8 See also Securities Exchange Act Release No. re fees for dually listed issuers. (November 29, 2004), 69 FR 70296. 51004, January 10, 2005, re fees for exchange listed 5 In approving this proposed rule change, the 4 In approving this proposed rule change, the issuers that transfer to Nasdaq. Commission has considered the proposed rule’s Commission has considered the proposed rule’s 9 15 U.S.C. 78s(b)(2). impact on efficiency, competition, and capital impact on efficiency, competition, and capital 10 17 CFR 200.30–3(a)(12). formation. 15 U.S.C. 78c(f). formation. 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78o–3. 5 15 U.S.C. 78o–3. 2 17 CFR 240.19b–4. 7 15 U.S.C. 78o–3(b)(5). 6 15 U.S.C. 78o–3(b)(5). 3 See Securities Exchange Act Release No. 50740 8 15 U.S.C. 78o–3(b)(6). 7 15 U.S.C. 78o–3(b)(6). (November 29, 2004), 69 FR 70299. 9 15 U.S.C. 78s(b)(2).

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For the Commission, by the Division of particular, because it is designed to For the Commission, by the Division of Market Regulation, pursuant to delegated promote just and equitable principles of Market Regulation, pursuant to delegated 10 10 authority. trade, to foster cooperation and authority. Jill M. Peterson, coordination with persons engaged in Jill M. Peterson, Assistant Secretary. facilitating transactions in securities, Assistant Secretary. [FR Doc. E5–152 Filed 1–14–05; 8:45 am] and to remove impediments and perfect [FR Doc. E5–159 Filed 1–14–05; 8:45 am] BILLING CODE 8010–01–P the mechanisms of a free and open BILLING CODE 8010–01–P market and to protect investors and the public interest. The Commission SECURITIES AND EXCHANGE SOCIAL SECURITY ADMINISTRATION COMMISSION believes that the proposed rule change is reasonably designed to provide Agency Information Collection [Release No. 34–51014; File No. SR–PCX– additional liquidity for customers Activities: Proposed Request and 2004–83] seeking to participate in the Nasdaq- Comment Request Self-Regulatory Organizations; Order listed and exchange-listed markets by Approving Proposed Rule Change, and extending the ArcaEx’s Opening The Social Security Administration Amendment No. 1 Thereto, by the Auction during the hours before the (SSA) publishes a list of information Pacific Exchange, Inc. Relating To primary markets open for trading. The collection packages that will require Changing the Opening Time and the Commission believes that having a PCX clearance by the Office of Management Commencement of the Opening Market Management staff member on- and Budget (OMB) in compliance with Auction on the Archipelago Exchange site at the ArcaEx facility beginning at Public Law 104–13, the Paperwork 1 a.m. (Pacific time), in conjunction Reduction Act of 1995, effective October January 10, 2005. with the Exchange’s employment of 1, 1995. The information collection On October 22, 2004, the Pacific third-party data vendors, should enable packages that may be included in this Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’), the Exchange to coordinate its trading notice are for revisions to OMB- through its wholly owned subsidiary halts with those that are instituted for approved information collections and PCX Equities, Inc. (‘‘PCXE’’) submitted extensions (no change) of OMB- regulatory reasons by the primary to the Securities and Exchange approved information collections. Commission (‘‘Commission’’), pursuant markets, including the foreign markets SSA is soliciting comments on the to Section 19(b)(1) of the Securities with whom the PCX represents it is accuracy of the agency’s burden Exchange Act of 1934 (‘‘Act’’) 1 and Rule establishing contacts. In addition, this estimate; the need for the information; 19b–4 thereunder,2 a proposed rule arrangement should permit the its practical utility; ways to enhance its change to change the opening time and Exchange to exercise its discretion to quality, utility, and clarity; and on ways the commencement of the Opening institute a trading halt on ArcaEx when to minimize burden on respondents, Auction of its facility, the Archipelago the trading halt is for a non-regulatory including the use of automated Exchange (‘‘ArcaEx’’), from 5 a.m. reason. collection techniques or other forms of (Pacific time) to 1 a.m. (Pacific time) Further, the Commission recognizes information technology. Written and modify PCXE Rules 7.34 and 7.35, that the Exchange has represented that comments and recommendations respectively. On November 22, 2004, the the PCX Market Management staff regarding the information collection(s) PCX submitted Amendment No. 1 to the member will be able to monitor the should be submitted to the OMB Desk proposed rule change.3 The Federal quoting and trading activity of its Officer and the SSA Reports Clearance Register published the proposed rule 8 Officer. The information can be mailed change for comment on December 6, Users during that time period. In addition, the Commission notes that the and/or faxed to the individuals at the 2004.4 The Commission received no addresses and fax numbers listed below: Exchange has represented that it will comments on the proposed rule change, (OMB) Office of Management and as amended. not begin trading at 1 a.m. (Pacific time) Budget, Fax: 202–395–6974. After careful consideration, the until the Securities Information (SSA) Social Security Administration, Commission finds that the proposed Processors (‘‘SIPs’’ are ready to DCFAM, Attn: Reports Clearance rule change is consistent with the accommodate quoting and trading Officer, 1338 Annex Building, 6401 requirements of the Act and the rules beginning at 1 a.m. (Pacific time) and Security Blvd., Baltimore, MD 21235; and regulations thereunder that are have provided ArcaEx with notification Fax: 410–965–6400. applicable to a national securities that they are prepared to disseminate I. The information collections listed exchange.5 In particular, the quotes and trades at that time. The below are pending at SSA and will be Commission believes that the proposed Commission believes that this pre- submitted to OMB within 60 days from rule change is consistent with Section condition to commencing trading a 1 the date of this notice. Therefore, your 6 6(b) of the Act, in general, and furthers a.m. (Pacific time) is appropriate comments should be submitted to SSA 7 the objectives of Section 6(b)(5), in because the quote and trade data within 60 days from the date of this disseminated by SIPs are fundamental publication. You can obtain copies of 10 17 CFR 200.30–3(a)(12). the collection instruments by calling the 1 to market transparency. 15 U.S.C. 78s(b)(1). SSA Reports Clearance Officer at 410– 2 17 CFR 240.19b–4. It is therefore ordered, pursuant to 965–0454 or by writing to the address 3 Amendment No. 1 replaced and superceded the Section 19(b)(2) of the Act,9 that the listed above. original filing in its entirety. proposed rule change, as amended, (SR– 4 Securities Exchange Act Release No. 50756 1. Report of Death by Funeral (November 30, 2004), 69 FR 70489. PCX–2004–83) be, and it hereby is, Director—20 CFR 404.715, 404.720, 5 In approving this rule, the Commission notes approved. 416.635—0960–0142. SSA uses the that it has considered the proposed rule’s impact on efficiency, competition, and capital formation. See information on form SSA–721 to make 15 U.S.C. 78c(f). timely and accurate decisions based on 6 15 U.S.C. 78f(b). 8 See PCXE Rule 1.1(yy). 7 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78s(b)(2). 10 17 CFR 200.30–3(a)(12).

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the report of death including: (1) effort. The data is evaluated to Estimated Average Burden: 2,000 Proving the death of an insured determine if the claimant meets the hours. individual, (2) learning of the death of disability requirements of the law. The 7. Statement Regarding the Inferred a beneficiary whose benefits should information is collected through form Death of an Individual by Reason of terminate, and (3) determining who is SSA–3033 or by telephone contact, only Continued and Unexplained Absence— eligible for the Lump-Sum Death in cases where it cannot be obtained 20 CFR 404.720 and 404.721—0960– Payment (LSDP) or may be eligible for through electronic data matches with 0002. SSA will use the information benefits. The respondents are funeral other Federal agencies and/or State collected on form SSA–723 in making directors with knowledge of the fact of agencies. its determination that the missing death. Type of Request: Revision of an OMB- person may be presumed deceased and, Type of Request: Extension of an approved information collection. if so, to establish a date of presumed OMB-approved information collection. Number of Respondents: 15,000. death. The respondents are persons who Number of Respondents: 741,113. Frequency of Response: 1. have knowledge about the Frequency of Response: 1. Average Burden Per Response: 15 disappearance of the missing person. Average Burden Per Response: 3.5 minutes. Type of Request: Extension of an minutes. Estimated Annual Burden: 3,750 OMB-approved information collection. Estimated Annual Burden: 43,231 hours. Number of Respondents: 3,000. hours. 5. Petition To Obtain Approval of a Frequency of Response: 1. 2. Statement Regarding Fee for Representing a Claimant Before Average Burden Per Response: 30 Contributions—20 CFR 360–366 and the Social Security Administration—20 minutes. 404.736—0960–0020. The determination CFR Subpart R—404.1720, 404.1725, Estimated Annual Burden: 1,500 of one-half support or contributions to Subpart F, 410.686b, Subpart O, hours. support must be made to entitle certain 416.1520 and 416.1525—0960–0104. A II. The information collections listed child applicants to Social Security representative of a claimant for Social below have been submitted to OMB for benefits. SSA uses form SSA–783 to Security benefits must file either a fee clearance. Your comments on the collect the information necessary to petition or a fee agreement with SSA in information collections would be most make such a determination. The order to charge a fee for representing a useful if received by OMB and SSA respondents are persons giving claimant in proceedings before SSA. within 30 days from the date of this information about a child’s sources of The representative uses form SSA–1560 publication. You can obtain a copy of support for entitlement to child’s to petition SSA for authorization to the OMB clearance package by calling benefits. charge and collect a fee. A claimant may the SSA Reports Clearance Officer at Type of Request: Extension of an also use the form to agree or disagree 410–965–0454, or by writing to the OMB-approved information collection. with the requested fee amount or other address listed above. Number of Respondents: 30,000. information the representative provides 1. Reporting Events–SSI—20 CFR Frequency of Response: 1. on the form. SSA uses the information 416.701–.732—0960–0128. SSA Average Burden Per Response: 17 to determine a reasonable fee that a administers Federal Supplemental minutes. representative may charge and collect Security Income (SSI) benefits under Estimated Annual Burden: 8,500 for his or her services. The respondents title XVI of the Social Security Act. SSI hours. are claimants, their attorneys and other is a public assistance program that 3. Appointment of Representative—20 persons representing them. provides benefits to individuals who are CFR 404.1707, 404.1720, 404.1725, Type of Request: Revision of an OMB- disabled, blind, or aged and who have 410.684 and 416.1507—0960–0527. The approved information collection. limited income and resources. To assure information collected by SSA on form Number of Respondents: 34,624. proper administration of SSI benefits, SSA–1696–U4 is used to verify the Frequency of Response: 1. SSA periodically requests information applicant’s appointment of a Average Burden Per Response: 30 from individuals to reevaluate their representative. It allows SSA to inform minutes. continuing SSI eligibility and payment the representative of items which affect Estimated Annual Burden: 17,312 amount using Form SSA–8150–EV. The the applicant’s claim. The affected hours. form serves as a reminder to individuals public consists of applicants who notify 6. Authorization to Obtain Earnings as to what they need to report in order SSA that they have appointed a person Data From the Social Security to retain their benefits. Form SSA– to represent them in their dealings with Administration—0960–0602. The 8150–EV provides individuals with a SSA when claiming a right to benefits. information collected on form SSA–581 way to report changes in their Type of Request: Revision of an OMB- is used to verify the authorization of the circumstances in writing. SSA uses the approved information collection. wage earner, or other party, to access the reported changes to determine SSI Number of Respondents: 551,520. correct earnings record and disposition eligibility and correct payment amounts. Frequency of Response: 1. of the response. This access is required Type of Request: Extension of an Average Burden Per Response: 10 in order to produce an itemized OMB-approved information collection. minutes. statement for release to the proper third Number of Respondents: 30,180. Estimated Annual Burden: 91,920 party. The respondents are individuals, Frequency of Response: 1. hours. and various private/public Average Burden Per Response: 5 4. Employee Work Activity organizations/agencies needing detailed minutes. Questionnaire—20 CFR 404.1574, earnings information. Estimated Annual Burden: 2,515 404.1592—0960–0483. When a possible Type of Request: Extension of an hours. unsuccessful work attempt or a subsidy OMB-approved information collection. 2. Cessation or Continuance of is involved, as described in regulations Number of Respondents: 60,000. Disability or Blindness Determination 20 CFR 404.1574(a)(1), (2) and (3), form Frequency of Response: 1. and Transmittal—20 CFR 404.1615, 20 SSA–3033 is used to request a Average Burden Per Response: 2 CFR 404.1512, and 20 CFR 404.1588– description of the employee’s work minutes. 1599—0960–0442. Form SSA–833–C3/

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U3 is used by Disability Determination Estimated Annual Burden: 3,333 Number of Respondents: 133,920. Services (DDS) to prepare continuance hours. Frequency of Response: 1. and cessation determinations of 5. Epidemiological Research Average Burden Per Response: 1⁄2 disability or blindness on Title II claims. Request—20 CFR 401.165—0960–NEW. minute. The information is used in the course of Section 311 of the Social Security Estimated Annual Burden: 1,116 the Federal SSA quality review of the Independence and Program hours. determination. Form SSA–833–C3/U3 is Improvements Act of 1994 directed SSA 8. Listing of Impairments—Part 404, also used to provide for SSA input on to provide support to health researchers Subpart P, Appendix I—0960–0642. automated systems controls, e.g. involved in epidemiological research. Background establish and/or cancel diary controls, Specifically, when the study is to establish a permanent longitudinal determined to contribute to a national The Listing of Impairments (the history of the claim, and to supply a health interest, SSA will furnish listings), part 404, subpart P, appendix statistical base to provide aggregate information regarding whether a study I, describes for each of the major body program information to SSA subject is shown on the SSA systems, impairments which are severe administrators, Congress, and the administrative records as being alive or enough to prevent an individual from President. deceased (vital status). SSA will recoup doing any gainful activity. As part of the Type of Request: Extension of an all expenses incurred in providing this listings, we provide an introductory text, which identifies specific OMB-approved information collection. information. SSA collects information requirements that affect the body Number of Respondents: 303,564. from health researchers in order to system, such as documentation Frequency of Response: 1. provide the data required and to collect requirements and other factors that must Average Burden Per Response: 30 fees. Respondents are applicants for be considered when evaluating minutes. vital status information. Estimated Annual Burden: 151,782 Type of Request: Collection in use impairments within that body system. hours. without OMB number. These can include requirements for Number of Respondents: 25. medical and other evidence. This 3. Application to Collect a Fee for clearance request covers sections in the Payee Services—0960–NEW. Frequency of Response: 1. Average Burden Per Response: 120 following listings that contain Information requested on form SSA–445 information collection requirements: will be provided by the fee for payee minutes. Estimated Annual Burden: 50 hours. The regulations for the musculoskeletal services applicant. SSA will be the only 6. Student Reporting Form—20 CFR body system contain reporting user of this information. By using form requirements at sections 1.00B, 1.00C, SSA–445, SSA will be able to determine 404.367, 404.368, 404.415, 404.434, 404.452(b)(2)—0960–0088. Form SSA– 1.00D, 1.00E, 1.00H, 1.00I, 1.00J, 1.00K, whether the applicant meets the 1.00P, 14.09A, 101.00B, 101.00C, requirements to become a fee for service 1383 is used by Social Security student beneficiaries to report events or changes 101.00D, 101.00E, 101.00H, 101.00I, organizational payee, and if the 101.00J, 101.00P, and 114.09A. The applicant has provided all the that may affect continuing entitlement to these benefits. The respondents are regulations for the cardiovascular body information and documentation system contain reporting requirements required. Based on the information Social Security student beneficiaries. Type of Request: Revision of an OMB- at sections 4.00B, 4.00C, 4.00D, 4.00E, provided on form SSA–445, SSA will 4.00F, 4.00G, 4.02A, 104.00B, 104.00C, issue a determination authorizing or approved information collection. Number of Respondents: 75,000. 104.00E, and 104.06. The regulations for denying permission to collect fees for Frequency of Response: 1. the genitourinary body system contain payee services. Average Burden Per Response: 6 reporting requirements at sections Type of Request: New information minutes. 6.00C, 6.00E, 6.00G, 106.00C, 106.00E, collection. Estimated Annual Burden: 7,500 and 106.00G. The regulations for the Number of Respondents: 100. hours. skin body system contain reporting Frequency of Response: 1. 7. Electronic Benefit Verification requirements at sections 8.00C, 8.00D, Average Burden Per Response: 3 Information—20 CFR 401.40—0960– 108.00B, 108.00C, and 108.00D. The minutes. 0595. SSA provides verification of regulations for the multiple body system Estimated Annual Burden: 5 hours. benefits, when requested, to individuals contain reporting requirements at 4. Agreement to Sell Property—20 receiving Title II and/or Title XVI sections 10.00B, 10.00C, 110.00B, and CFR 416.1240–1245—0960–0127. benefits. In order to provide to the 110.00C. The regulations for Individuals or couples who are public an easy and convenient means of Amyotrophic Lateral Sclerosis (ALS) otherwise eligible for SSI benefits, but requesting benefit information, SSA has contain reporting requirements at who’s resources exceed the allowable developed an electronic request form sections 11.00G and 11.10. The limit, may receive conditional payments that will allow persons to request the regulations for the malignant neoplastic if they agree to dispose of the excess information through the Internet. The diseases contain reporting requirements non-liquid resources and make information collected on the electronic at 13.00B, 13.00D, 13.00E, 13.00G, repayment. Form SSA–8060-U3 is used screens will be used by SSA to process 13.00K, 113.00B, 113.00D, 113.00E, to document this agreement and to the request for a benefit verification 113.00G, and 113.00K. ensure that the individuals understand statement. To ensure appropriate their obligations. Respondents are confidentiality, the statement will be The Information Collection applicants and recipients of SSI mailed to the recipient/beneficiary The medical evidence documentation benefits. address shown in SSA’s records. The described in the listings is used by State Type of Request: Extension of an respondents are Title II and XVI DDSs to assess the alleged disability. OMB-approved information collection. recipients/beneficiaries who request The information, together with other Number of Respondents: 20,000. benefit verification information using evidence, is used to determine if an Frequency of Response: 1. the Internet. individual claiming disability benefits Average Burden Per Response: 10 Type of Request: Extension of an has an impairment that meets severity minutes. approved OMB information collection. and duration requirements. The

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respondents are disability applicants provisions of the Social Security Act; (3) use of benefits, and the other duties and and other sources of evidence. SSA uses secure professional liability insurance responsibilities required of various forms to collect the information or equivalent insurance; (4) pass a representative payees. specified in the regulations. The public criminal background check; and (5) The form obtains information needed reporting burden is accounted for in the demonstrate completion of relevant by the SSA review team (comprised of Information Collection Requests for continuing education courses. Through representatives from SSA’s regional and these forms. Consequently, we are the services of a private contractor, SSA field offices), and provides a basis for assigning a placeholder of 1-hour to the must collect the requested information conducting the actual onsite review. In specific reporting requirements in to determine if a non-attorney addition, the information is used in the theses listings so that we do not representative has met the statutory preparation of the subsequent report of duplicate the burden assigned to the requirements to be eligible for direct findings and recommendations, which forms. payment of fees for his or her claimant is issued to the institutions. Type of Request: Extension of an representation services. The information Type of Request: Extension of an OMB-approved information collection. collection is needed to comply with the OMB-approved information collection. 9. Request for Review of Hearing legislation. The respondents are non- Number of Respondents: 100. Decision/Order—20 CFR 404.967–.981, attorney representatives who apply for Frequency of Response: 1. 20 CFR 416.1467–.1481—0960–0277. direct payment of fees. Average Burden Per Response: 60 SSA collects the information on form Type of Request: New information minutes. HA–520 from each claimant for Social collection. Estimated Annual Burden: 100 hours. Security or SSI benefits who is Number of Respondents: 500. Dated: January 11, 2005. dissatisfied with the hearing decision or Frequency of Response: 1. Elizabeth A. Davidson, the dismissal of a hearing request and Average Burden Per Response: 60 Reports Clearance Officer, Social Security wants to request review of the decision minutes. Administration. by the Appeals Council. An individual Estimated Annual Burden: 500 hours. [FR Doc. 05–868 Filed 1–14–05; 8:45 am] may request Appeals Council review by 11. Disability Determination and BILLING CODE 4191–02–P filing a written request; however, a Transmittal—20 CFR 404.1615(e), completed HA–520 ensures that SSA 416.1015(f)—0960–0437. The receives the information necessary to information collected on form SSA– OFFICE OF THE UNITED STATES establish that the claimant filed the 831–C3/U3 is used by SSA to document TRADE REPRESENTATIVE request for review within the prescribed the State agency determination as to time, that the claimant is a proper party, whether an individual who applies for Andean Trade Preference Act (ATPA), and that the claimant has completed the disability benefits is eligible for those as Amended: Notice Regarding the requisite steps to permit review by the benefits based on his/her alleged 2003 and 2004 Annual Reviews Appeals Council. The Appeals Council disability. SSA also uses form SSA– also uses the information provided by 831–C3/U3 for program management AGENCY: Office of the United States the claimant to document the claimant’s and for evaluation. The respondents are Trade Representative. reason (s) for disagreeing with the ALJ State DDSs adjudicating Title II and ACTION: Notice. decision or dismissal, to determine Title XVI disability determinations for SUMMARY: The Office of the United whether the claimant has additional SSA. States Trade Representative (USTR) evidence to submit, and to determine Type of Request: Extension of an received petitions in September 2004 to whether the claimant has a OMB-approved information collection. review certain practices in certain representative or wants to appoint one. Number of Respondents: 3,155,120. beneficiary developing countries to Type of Request: Extension of an Frequency of Response: 1. determine whether such countries are in OMB-approved information collection. Average Burden Per Response: 15 Number of Respondents: 107,485. minutes. compliance with the ATPA eligibility Frequency of Response: 1. Estimated Average Burden: 788,780 criteria. In a November 15, 2004 notice, Average Burden Per Response: 10 hours. USTR published a list of responsive petitions that were accepted for review. minutes. 12. State Mental Institution Policy This notice specifies the results of the Estimated Annual Burden: 17,914 Review—20 CFR 416 Subpart U, 20 CFR preliminary review of those petitions as hours. 416 Subpart F, 20 CFR 404.2035 and well as the status of the petitions filed .2065, 20 CFR 416.635 and .665—0960– 10. Non-Attorney Representative in 2003 that have remained under 0110. SSA sends form SSA–9584–BK to Demonstration Project Application— review. 0960–NEW. State mental institutions that participate Section 303 of the Social Security in SSA’s representative payee onsite FOR FURTHER INFORMATION CONTACT: Protection Act of 2004 (SSPA) provides review program. As a representative Bennett M. Harman, Deputy Assistant for a 5-year demonstration project to be payee, the State mental institution has U.S. Trade Representative for Latin conducted by SSA under which the the responsibility to receive and America, at (202) 395–9446. direct payment of SSA approved fees is administer payments to beneficiaries SUPPLEMENTARY INFORMATION: The ATPA extended to certain non-attorney who have been determined by SSA to be (19 U.S.C. 3201 et seq.), as renewed and claimant representatives. Under the incapable of managing benefits. SSA is amended by the Andean Trade SSPA, to be eligible for direct payment required by law and regulations to Promotion and Drug Eradication Act of of fees, a non-attorney representative monitor representative payees’ use of 2002 (ATPDEA) in the Trade Act of must fulfill the following statutory benefits. Under the onsite review 2002 (Public Law 107–210), provides requirements: (1) Possess a bachelors program, SSA conducts a triennial trade benefits for eligible Andean degree or have equivalent qualifications review of State mental institutions in countries. Pursuant to section 3103(d) of derived from training and work order to determine whether the the ATPDEA, USTR promulgated experience; (2) pass an examination that institutions; policies and practices regulations (15 CFR part 2016) (68 FR tests knowledge of the relevant conform with SSA’s regulations in the 43922) regarding the review of

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eligibility of countries for the benefits of environmental impact statement will be Issued on: January 11, 2005. the ATPA, as amended. prepared for proposed improvements to Kenneth R. Sikora, Jr., In a Federal Register notice dated freight transportation to and from Environmental Program Manager, Montpelier, August 17, 2004, USTR initiated the Middlebury, Vermont. Vermont. 2004 ATPA Annual Review and [FR Doc. 05–899 Filed 1–14–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: Rob announced a deadline of September 15, BILLING CODE 4910–22–M 2004 for the filing of petitions (69 FR Sikora, Environmental Program 51138). Several of these petitions Manager, Federal Highway requested the review of certain practices Administration, P.O. Box 568, DEPARTMENT OF TRANSPORTATION in certain beneficiary developing Montpelier, Vermont 05601. Telephone: countries regarding compliance with the 802–828–4573. Federal Highway Administration eligibility criteria set forth in sections SUPPLEMENTARY INFORMATION: The 203(c) and (d) and section 204(b)(6)(B) Environmental Impact Statement: New FHWA, in cooperation with the Hanover County, NC of the ATPA, as amended (19 U.S.C. Vermont Agency of Transportation 3203 (c) and (d); 19 U.S.C. (VTrans), will prepare an Environmental AGENCY: Federal Highway 3203(b)(6)(B)). Impact Statement (EIS) for a proposal to Administration (FHWA), DOT. In a Federal Register notice dated improve the transportation of large ACTION: Notice of intent. November 15, 2004, USTR published a amounts of industrial materials to and list of the responsive petitions filed from Middlebury along the U.S. Route 7 SUMMARY: The FHWA is issuing this pursuant to the announcement of the corridor. notice to advise the public that an annual review (69 FR 65674). The Trade environmental impact statement will be Policy Staff Committee (TPSC) has Improvements in the corridor are prepared for the proposed extension of conducted a preliminary review of these considered necessary to provide for Independence Boulevard in New petitions. It has determined that the existing and projected movement of Hanover County, North Carolina. petition filed by the American Cast Iron freight to and from Middlebury via U.S. FOR FURTHER INFORMATION CONTACT: John Pipe Company concerning Ecuador does Route 7. Alternatives under F. Sullivan, III, PE, Division not require action and terminates its consideration include (1) taking no Administrator, Federal Highway review. action; (2) improving existing U.S. Administration, 310 New Bern Avenue, With respect to the remaining 2004 Route 7; and (3) adding a new rail line Ste 410, Raleigh, North Carolina 27601– petitions, the TPSC is modifying the with associated connector tracks and 1418, Telephone: (919) 856–4346. schedule for this review, in accordance access roads. Incorporated into and SUPPLEMENTARY INFORMATION: The with 15 CFR 2016.2(b). The results will studied with the various build FHWA, in cooperation with the North be announced on or about May 31, 2005. alternatives will be design variations of Carolina Department of Transportation, The TPSC is similarly modifying the grade and alignment. will prepare an environmental impact date of the announcement of the results Letters describing the proposed action statement (EIS) on a proposal to provide of preliminary review for the remaining and soliciting comments will be sent to an extension to Independence 2003 petitions to May 31, 2005. appropriate Federal, State, and local Boulevard in New Hanover County, Following is the list of all petitions that agencies, and to private organizations North Carolina. The proposed remain under review: and citizens who have previously improvement would involve the Peru: Engelhard; expressed or are known to have an extension of Independence Boulevard as Peru: Princeton Dover; interest in this proposal. A series of an urban boulevard with a grass median Peru: LeTourneau; public meetings will be held in and partially controlled access between Peru: Duke Energy; Middlebury and other communities Randall Parkway and Martin Luther Ecuador: AFL–CIO; Human Rights along Route 7. In addition, a public King Jr. Parkway for a distance of about Watch; and US/LEAP; hearing will be held. Public notice will 2 miles. Ecuador: Chevron Texaco; be given of the time and place of the Improvements to the corridor are Ecuador: Electrolux Home Products, meetings and hearing. The draft EIS will considered necessary to provide for the Inc.; be available for public and agency existing and projected traffic demand. Peru: Parsons Corporation. review and comment prior to the public Also, included in this proposal is the potential construction of a partial Carmen Suro-Bredie, hearing. No formal scoping meeting is planned at this time. cloverleaf interchange at Princess Place Chairman, Trade Policy Staff Committee. (with ramps and loops in the southwest [FR Doc. 05–865 Filed 1–14–05; 8:45 am] To ensure that the full range of issues and northeast quadrants, and spanning BILLING CODE 3190–W5–P related to this proposed action are the CSX Railroad crossing). A trumpet addressed and all significant issues interchange at Martin Luther King, Jr. identified, comments and suggestions Parkway may also be necessary. Letters DEPARTMENT OF TRANSPORTATION are invited from all interested parties. describing the proposed action and Comments or questions concerning this soliciting comments will be sent to Federal Highway Administration proposed action and the EIS should be appropriate Federal, State, and local directed to the FHWA at the address agencies, and to private organizations Environmental Impact Statement: provided above. Addison and Rutland Counties, VT and citizens who have previously (Catalog of Federal Domestic Assistance expressed or are known to have interest AGENCY: Federal Highway Program Number 20.205, Highway Planning in this proposal. Public meetings will be Administration (FHWA), DOT. and Construction. The regulations held in Wilmington, North Carolina ACTION: Notice of intent. implementing Executive Order 12372 throughout the development of the EIS. regarding intergovernmental consultation on In addition, a public hearing will be SUMMARY: The FHWA is issuing this Federal programs and activities apply to this held. Public notice will be given of the notice to advise the public that an program) time and place of the meetings and

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hearing. The draft EIS will be available Transportation, Inc., Norfolk Southern STB Docket No. AB–882, Minnesota for public and agency review and Corporation and Norfolk Southern Commercial Railway Company— comment prior to the public hearing. Railway Company—Control and Adverse Discontinuance—in Ramsey To ensure that the full range of issues Operating Leases/Agreements—Conrail County, MN. related to this proposed action are Inc. and Consolidated Rail Corporation Embraced case: STB Docket No. AB– addressed and all significant issues [Petition to Approve Settlement 884, MT Properties, Inc.—Adverse identified, comments and suggestions Agreement and Exempt Embraced Abandonment—in Ramsey County, MN. are invited from all interested parties. Transactions]. STB Ex Parte No. 656, Motor Carrier Comments or questions concerning this Embraced case: STB Finance Docket Bureaus—Periodic Review Proceeding. proposed action and the EIS should be No. 33388 (Sub-No. 96), Wheeling & FOR MORE INFORMATION CONTACT: A. directed to the FHWA at the address Lake Erie Railway Co.—Trackage Rights Dennis Watson, Office of Congressional provided above. Exemption—Norfolk Southern Railway and Public Services, Telephone: (202) (Catalog of Federal Domestic Assistance Co. Between Bellevue and Toledo, OH. 565–1596, FIRS: 1–800–877–8339. Program Number 20.205, Highway Planning Embraced case: STB Finance Docket Dated: January 12, 2005. and Construction. The regulations No. 33388 (Sub-No. 97), Wheeling & implementing Executive Order 12372 Lake Erie Railway Co.—Trackage Rights Vernon A. Williams, regarding intergovernmental consultation on Exemption—Norfolk Southern Railway Secretary. Federal programs and activities apply to this Co. in Cleveland, OH. [FR Doc. 05–1003 Filed 1–13–05; 11:12 am] program) Embraced case: STB Finance Docket BILLING CODE 4915–01–P Issued on: January 4, 2005. No. 33388 (Sub-No. 98), Norfolk John F. Sullivan, III, Southern Railway Co.—Trackage Rights Division Administrator, Raleigh, North Exemption—Wheeling & Lake Erie DEPARTMENT OF TRANSPORTATION Carolina. Railway Co. Between Clairton, PA and [FR Doc. 05–914 Filed 1–14–05; 8:45 am] Bellevue, OH. Surface Transportation Board BILLING CODE 4910–22–M Embraced case: STB Finance Docket [STB Docket No. AB–290 (Sub-No. 242X)] No. 33388 (Sub-No. 99), Wheeling & Lake Erie Railway Co.—Petition for Norfolk Southern Railway Company— DEPARTMENT OF TRANSPORTATION Exemption—Purchase of the Toledo Discontinuance of Service Pivot Bridge—Norfolk Southern Railway Exemption—Between Newark and Surface Transportation Board Co. Kearny, NJ, in Essex and Hudson [Ex Parte No. 333] Embraced case: STB Finance Docket Counties, NJ No. 32516 (Sub-No. 1), Wheeling & Lake Sunshine Act Meeting Erie Railway Co.—Lease and Operation Norfolk Southern Railway Company Exemption—Norfolk and Western (NSR) has filed a notice of exemption TIME AND DATE: 10 a.m., January 19, Railway Co.’s Dock at Huron, OH. under 49 CFR part 1152 subpart F— 2005. Embraced case: STB Finance Docket Exempt Abandonments and PLACE: The Board’s Hearing Room, No. 32525 (Sub-No. 1), Wheeling & Erie Discontinuances of Service to Surface Transportation Board, 1925 K Railway Co.-Trackage Rights discontinue service over a 10.0-mile line Street, NW., Washington, DC 20423. Exemption-Norfolk and Western of railroad between milepost WD–2.2 in STATUS: The Board will meet to discuss Railway. Newark, NJ, and milepost WD–8.4 in among themselves the following agenda STB Finance Docket No. 34483, SMS Kearny, NJ (which is a segment of a items. Although the conference is open Rail Service, Inc.—Petition for branch line known as the Boonton line), for public observation, no public Declaratory Order. and between milepost NK–4.3 and participation is permitted. STB Finance Docket No. 32760 (Sub- milepost NK–8.1 on the adjacent Newark Industrial Track in Essex and MATTERS TO BE CONSIDERED: No. 43), Union Pacific Corporation, STB Docket No. 42057, Public Service Union Pacific Railroad Company, and Hudson Counties, NJ. The line traverses Company of Colorado d/b/a Xcel Energy Missouri Pacific Railroad Company- United States Postal Service Zip Codes v. The Burlington Northern and Santa Control and Merger—Southern Pacific 07029, 07032, 07094, 07099, 07102– Fe Railway Company. Rail Corporation, Southern Pacific 07108, 07112 and 07114. STB Docket No. AB–156 (Sub-No. Transportation Company, St. Louis NSR has certified that: (1) No local 25X), Delaware and Hudson Railway Southwestern Railway Company, SPCSL traffic has moved over the line for at Company, Inc.—Discontinuance of Corp., and The Denver and Rio Grande least 2 years; (2) any overhead traffic Trackage Rights Exemption—in Western Railroad Company (Arbitration can be rerouted over other lines; (3) no Susquehanna County, PA, and Broome, Review). formal complaint filed by a user of rail Tioga, Chemung, Steuben, Allegany, STB Finance Docket No. 34633, service on the line (or by a State or local Livingston, Wyoming, Erie, and Genesee Wisconsin & Southern Railroad Co.— government entity acting on behalf of Counties, NY. Acquisition Exemption—Union Pacific such user) regarding cessation of service Embraced case: STB Finance Docket Railroad Company. over the line either is pending with the No. 34561, Canadian Pacific Railway STB Docket No. AB–444 (Sub-No. Surface Transportation Board (Board) or Company—Trackage Rights 1X), Lamoille Valley Railroad with any U.S. District Court or has been Exemption—Norfolk Southern Railway Company—Abandonment and decided in favor of complainant within Company. Discontinuance of Trackage Rights the 2-year period; and (4) the Embraced case: STB Finance Docket Exemption—in Caledonia, Washington, requirements at 49 CFR 1105.12 No. 34562, Norfolk Southern Railway Orleans, Lamoille, and Franklin (newspaper publication) and 49 CFR Company—Trackage Rights Counties, VT. 1152.50(d)(1) (notice to governmental Exemption—Delaware and Hudson STB Docket No. AB–68 (Sub-No. 4X), agencies) have been met. Railway Company, Inc. Lake Superior & Ishpeming Railroad As a condition to this exemption, any STB Finance Docket No. 33388 (Sub- Company—Abandonment Exemption— employee adversely affected by the No. 95), CSX Corporation and CSX in Marquette County, MI. discontinuance shall be protected under

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Oregon Short Line R. Co.— DEPARTMENT OF THE TREASURY Estimated Burden Hours Per Abandonment—Goshen, 360 I.C.C. 91 Respondent: 5 minutes. (1979). To address whether this Submission for OMB Review; Frequency of Response: On occasion. condition adequately protects affected Comment Request Estimated Total Reporting Burden Hours: 80 hours. employees, a petition for partial January 10, 2005. Clearance Officer: Vicki S. Thorpe, revocation under 49 U.S.C. 10502(d) The Department of the Treasury has (304) 480–6553, Bureau of the Public must be filed. submitted the following public Debt, 200 Third Street, Parkersburg, Provided no formal expression of information collection requirement(s) to West VA 26106–1328. OMB for review and clearance under the intent to file an offer of financial OMB Reviewer: Joseph F. Lackey, Jr., Paperwork Reduction Act of 1995, assistance (OFA) has been received, this (202) 395–7316, Office of Management Public Law 104–13. Copies of the exemption will be effective on February and Budget, Room 10235, New 1 submission(s) may be obtained by 17, 2005, unless stayed pending Executive Office Building, Washington, calling the Treasury Bureau Clearance reconsideration. Petitions to stay and DC 20503. formal expressions of intent to file an Officer listed. Comments regarding this OFA under 49 CFR 1152.27(c)(2) 2 must information collection should be Lois K. Holland, be filed by January 28, 2005. Petitions addressed to the OMB reviewer listed Treasury PRA Clearance Officer. to reopen must be filed by February 7, and to the Treasury Department [FR Doc. 05–924 Filed 1–14–05; 8:45 am] 2005, with: Surface Transportation Clearance Officer, Department of the BILLING CODE 4810–39–P Treasury, Room 11000, 1750 Board, 1925 K Street, NW., Washington, Pennsylvania Avenue, NW., DC 20423–0001. Washington, DC 20220. DEPARTMENT OF THE TREASURY A copy of any petition filed with the Dates: Written comments should be Board should be sent to NSR’s received on or before February 17, 2005, Office of the Secretary representative: James R. Paschall, to be assured of consideration. General Attorney, Norfolk Southern Notice of Call for Redemption: 10 Bureau of the Public Debt (PD) Railway Company, Three Commercial Percent Treasury Bonds of 2005–10 Place, Norfolk, VA 23510. OMB Number: 1535–0111. Form Number: SB 2362, 2378 and 1. As of January 14, 2005, public If the verified notice contains false or 2383. notice is hereby given that all misleading information, the exemption Type of Review: Extension. outstanding 10 percent Treasury Bonds is void ab initio. Title: Authorization for Purchase and of 2005–10 (CUSIP No. 912810 CP 1) Board decisions and notices are Request for Change U.S. Savings Bonds. dated May 15, 1980, due May 15, 2010, are hereby called for redemption at par available on our Web site at http:// Description: These forms are used to on May 15, 2005, on which date interest www.stb.dot.gov. authorize employers to allot funds from employee’s pay for the purchase of on such bonds will cease. Decided: January 7, 2005. Savings Bonds. 2. Full information regarding the By the Board, David M. Konschnik, Respondents: Individuals or presentation and surrender of such Director, Office of Proceedings. households. bonds held in coupon and registered Vernon A. Williams, Estimated Number of Respondents: form for redemption under this call will Secretary. 1,300,000. be found in Department of the Treasury Estimated Burden Hours Per Circular No. 300 dated March 4, 1973, [FR Doc. 05–811 Filed 1–14–05; 8:45 am] Respondent: 1 minute. as amended (31 CFR part 306), and from BILLING CODE 4915–01–P Frequency of Response: On occasion. the Definitives Section of the Bureau of Estimated Total Reporting Burden the Public Debt (telephone (304) 480– Hours: 21,667 hours. 7936), and on the Bureau of the Public OMB Number: 1535–0137. Debt’s Web site, http:// Form Number: PD F 5441. www.publicdebt.treas.gov. 1 Because this is a discontinuance of service Type of Review: Extension. 3. Redemption payments for such proceeding and not an abandonment, there is no Title: U.S. Treasury Auctions bonds held in book-entry form, whether need to provide an opportunity for trail use/rail Submitter Agreement. on the books of the Federal Reserve banking or public use condition requests. Likewise, Description: These forms are used to Banks or in Treasury-Direct accounts, no environmental or historic documentation is request information from entities will be made automatically on May 15, required under 49 CFR 1105.6(c)(6) and 1105.8. wishing to participate in U.S. Treasury 2 Effective October 31, 2004, the filing fee for an 2005. Securities Auctions via TAPPS Link. OFA increased to $1,200. See Regulations Donald V. Hammond, Governing Fees and Services Performed in Respondents: Businesses or other for Fiscal Assistant Secretary. Connection with Licensing and Related Services— profit. 2004 Update, STB Ex Parte No. 542 (Sub-No. 11) Estimated Number of Respondents: [FR Doc. 05–780 Filed 1–14–05; 8:45 am] (STB served Oct. 1, 2004). 1,000. BILLING CODE 4810–40–M

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Corrections Federal Register Vol. 70, No. 11

Tuesday, January 18, 2005

This section of the FEDERAL REGISTER Wednesday, December 22, 2004, make January 11, 2005 make the following contains editorial corrections of previously the following correction: corrections: published Presidential, Rule, Proposed Rule, On page 76801, in the second column, and Notice documents. These corrections are in the first paragraph, in the last line, § 13.16 [Corrected] prepared by the Office of the Federal ‘‘January 12, 2005’’ should read Register. Agency prepared corrections are 1. On page 1813, in the first column, issued as signed documents and appear in ‘‘January 6, 2005.’’ in §13.16(a), in the 2nd line from the the appropriate document categories [FR Doc. C4–27969 Filed 1–14–05; 8:45 am] bottom, ‘‘40 U.S.C. 46301(d)(2)’’ should elsewhere in the issue. BILLING CODE 1505–01–D read, ‘‘49 U.S.C. 46301(d)(2)’’. 2. On the same page, in the third column, after §13.16(d)(4), in the next DEPARTMENT OF TRANSPORTATION SECURITIES AND EXCHANGE line, paragraph ‘‘(3)’’ should read ‘‘(e)’’. COMMISSION Federal Aviation Administration [FR Doc. C5–528 Filed 1–14–05; 8:45 am] [Release No. 34–50866; File No. SR–Amex– BILLING CODE 1505–01–D 2003–90] 14 CFR Part 13

Self-Regulatory Organizations; Notice [Docket No. 27854; Amendment No. 13–32] of Filing of Proposed Rule Change by American Stock Exchange LLC RIN 2120–AE84 Relating to the Amendment of Exchange Rule 153 and Amendment Civil Penalty Assessment Procedures; No. 1 Thereto Correction Correction Correction In notice document 04–27969 In rule document 05–528 beginning beginning on page 76798 in the issue of on page 1812 in the issue of Tuesday,

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Reader Aids Federal Register Vol. 70, No. 11 Tuesday, January 18, 2005

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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. 2902...... 1792 Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proclamations: 97...... 1835 The United States Government Manual 741–6000 7859...... 1159 360...... 2573 7860...... 2321 Other Services 923...... 2573 7861...... 2797 925...... 1837 Electronic and on-line services (voice) 741–6020 Executive Orders: 927...... 2520 Privacy Act Compilation 741–6064 13332 (Superseded by 982...... 1839 Public Laws Update Service (numbers, dates, etc.) 741–6043 EO 13368)...... 1147 985...... 2027 TTY for the deaf-and-hard-of-hearing 741–6086 13368...... 1147 1160...... 2032 13369...... 2323 1205...... 2034 ELECTRONIC RESEARCH Administrative Orders: World Wide Web Presidential 8 CFR Determinations: 241...... 661 Full text of the daily Federal Register, CFR and other publications No. 2004-48 of 1240...... 661 is located at: http://www.gpoaccess.gov/nara/index.html September 20, 1241...... 661 Federal Register information and research tools, including Public 2004 ...... 1783 Inspection List, indexes, and links to GPO Access are located at: No. 2005-12 of 9 CFR http://www.archives.gov/federallregister/ December 10, 93...... 460 2004 ...... 1785 E-mail 94...... 460 No. 2005-13 of 95...... 460 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is December 14, 96...... 460 an open e-mail service that provides subscribers with a digital 2004 ...... 1 form of the Federal Register Table of Contents. The digital form No. 2005-16 of 10 CFR of the Federal Register Table of Contents includes HTML and January 4, 2005 ...... 1787 30...... 2001 PDF links to the full text of each document. 5 CFR Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: 20...... 2577 Online mailing list archives, FEDREGTOC-L, Join or leave the list 40...... 2053 (or change settings); then follow the instructions. 213...... 1833 315...... 1833 71...... 312 PENS (Public Law Electronic Notification Service) is an e-mail 353...... 1068 709...... 1383 service that notifies subscribers of recently enacted laws. 530...... 1068 710...... 1383 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 531...... 1068 11 CFR and select Join or leave the list (or change settings); then follow 550...... 1068 the instructions. 575...... 1068 111...... 3 610...... 1068 FEDREGTOC-L and PENS are mailing lists only. We cannot 13 CFR respond to specific inquiries. 630...... 1068 125...... 1655 Reference questions. Send questions and comments about the 7 CFR Federal Register system to: [email protected] 301...... 249 14 CFR The Federal Register staff cannot interpret specific documents or 900...... 2744 13...... 1812, 2925 regulations. 926...... 1995 21...... 2325 983...... 661 23...... 1326, 2561 25 ...... 675, 1161, 1163, 2009, FEDERAL REGISTER PAGES AND DATE, JANUARY 1150...... 2744 1160...... 2744 2325 1–248...... 3 1205...... 2744 29...... 2011 249–660...... 4 1206...... 2744 39.....7, 10, 261, 265, 677, 679, 680, 684, 685, 687, 690, 661–1160...... 5 1207...... 2744 1169, 1172, 1176, 1178, 1161–1324...... 6 1209...... 2744 1210...... 2744 1180, 1182, 1184, 1328, 1325–1654...... 7 1215...... 2744 1329, 1332, 1335, 1336, 1655–1788...... 10 1216...... 2744 1338, 1340, 1655, 1815, 1789–1994...... 11 1218...... 2744 2330, 2333, 2336, 2339 1995–2324...... 12 1219...... 2744 47...... 240 2325–2560...... 13 1220...... 2744 49...... 240 2561–2796...... 14 1230...... 2744 65...... 1634 2797–2926...... 18 1240...... 2744 71 ...... 1342, 1343, 2342, 2343, 1250...... 2744 2344, 2345, 2346, 2347, 1260...... 2744 2348 1280...... 2744 73...... 2564 1466...... 1789 97...... 691, 1186 1486...... 253 Proposed Rules: 1924...... 1325 39 ...... 51, 317, 725, 727, 729,

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731, 733, 735, 737, 1211, 408...... 11 300...... 1673 403...... 41 1215, 2057, 2060, 2062, 416...... 11 303...... 1673 404...... 41 2064, 2066, 2067, 2070, 405...... 41 21 CFR 2370, 2826 36 CFR 406...... 41 71 ...... 1396, 1397, 1399 20...... 2799 219...... 1022, 1023 407...... 41 257...... 2372 510...... 2352 Proposed Rules: 408...... 41 520 ...... 1817, 1818, 2352 15 CFR 242...... 1216 410...... 41 558...... 2566, 2567 411...... 41 742...... 2348 1304...... 291 37 CFR 413...... 41 774...... 2348 1306...... 291 1...... 1818 414...... 41 996...... 693 1310...... 291, 294 3...... 1818 415...... 41 Proposed Rules: Proposed Rules: 416...... 41 30...... 2072 Proposed Rules: 357...... 741 419...... 41 710...... 1216 404...... 1403 422...... 41 711...... 1216 24 CFR 38 CFR 423...... 41 712...... 1216 Proposed Rules: 424...... 41 713...... 1216 81...... 1774 Proposed Rules: 714...... 1216 200...... 1750 17...... 1841 425...... 41 715...... 1216 426...... 41 242...... 1750 39 CFR 716...... 1216 428...... 41 717...... 1216 25 CFR 111...... 1346 432...... 41 718...... 1216 Proposed Rules: 501...... 705, 1348 433...... 41 719...... 1216 542...... 1840 434...... 41 720...... 1216 40 CFR 436...... 41 721...... 1216 26 CFR 52 ...... 22, 1663, 1664, 1824, 439...... 41 722...... 1216 1...... 704, 2012 2358 445...... 41 723...... 1216 20...... 295 62...... 1668 450...... 41 724...... 1216 301 ...... 295, 704, 2012 63...... 1670 452...... 41 725...... 1216 602...... 704 81...... 944, 1664 453...... 41 726...... 1216 Proposed Rules: 82...... 1972 533...... 298 727...... 1216 1 ...... 746, 749, 1400, 2075 180 ...... 706, 708, 1349, 1357 552...... 298 728...... 1216 31...... 767 228...... 2808 1835...... 2022 729...... 1216 301...... 2075, 2076 271...... 1825 1852...... 2022 904...... 740 Proposed Rules: 27 CFR 51...... 1314, 1640 16 CFR 49 CFR 4...... 2799 52 ...... 53, 1640, 1673, 2085 Proposed Rules: 7...... 194 62...... 1674, 1...... 2819 Ch. 1 ...... 2074 9...... 2801 80...... 640, 646 15...... 1379 312...... 2580 24...... 2799 81...... 1673 24...... 590 1633...... 2470 25...... 194 93...... 323 171...... 2367 1634...... 2514 172...... 2367 28 CFR 122...... 2832 17 CFR 194...... 2101 173...... 2367 570...... 1659 271...... 1842 175...... 2367 140...... 2565 29 CFR 372...... 1674 199...... 50 171...... 2350 224...... 144 210...... 1506 1910...... 1112 41 CFR 579...... 2022 228...... 1506 1915...... 1112 102–42...... 2318 571...... 299 229...... 1506 1926...... 1112 1520...... 1379 230...... 1506 4022...... 2568 42 CFR 1572...... 2542 232...... 1506 4044...... 2568 Proposed Rules: Proposed Rules: 239...... 1506 Proposed Rules: 9...... 1843 240...... 1506 4000...... 2080 229...... 2105 238...... 2105 242...... 1506 4010...... 2080 44 CFR 245...... 1506 571...... 2105 249...... 1506 31 CFR 64...... 2817 572...... 2105 275...... 2712 1...... 2805 598...... 2105 47 CFR Proposed Rules: Proposed Rules: 1...... 556 200...... 1503 50...... 2830 50 CFR 201...... 1503 92...... 2081 15...... 1360 230...... 1503 27...... 1189 17 ...... 426, 1190, 1286, 1940 240...... 1503, 2829 33 CFR 64...... 720, 2360 222...... 1830 242...... 1503, 2829 27...... 17 73 ...... 25, 723, 724, 2571, 2572 224...... 1830 249...... 1503, 2829 110...... 2353 76...... 25 226...... 1830 270...... 1503 117 ...... 1187, 1343, 2355, 2570 Proposed Rules: 229...... 2367 275...... 2716 165 ...... 20, 1187, 1345, 2017, 64 ...... 60, 61, 62 622...... 300 2019, 2355, 2357, 2806 73...... 63, 775 635...... 302 18 CFR Proposed Rules: 76...... 63 648 ...... 303, 1686, 2023, 2820, 35...... 265 117...... 773 2821 358...... 284 151...... 1400 48 CFR Proposed Rules: Proposed Rules: 165...... 1400 Ch. 3 ...... 38 17...... 1858, 2244 284...... 319 206...... 2361 100...... 1216 34 CFR 225...... 2361 226...... 325 20 CFR Proposed Rules: 252...... 2361 229...... 776 404...... 11 230...... 2582 401...... 41 648 ...... 68, 2108, 2586

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REMINDERS Hydraulic and electric brake notice; published 12-22-03 05; published 12-23-04 The items in this list were systems; published 12-17- [FR 03-25121] [FR 04-28087] editorially compiled as an aid 04 DEFENSE DEPARTMENT Maryland and Virginia; to Federal Register users. Rear impact guard labels; Acquisition regulations: comments due by 1-24- Inclusion or exclusion from published 11-19-04 05; published 12-23-04 Pilot Mentor-Protege this list has no legal [FR 04-28090] TREASURY DEPARTMENT Program; Open for significance. Michigan; comments due by Privacy Act: comments until further 1-24-05; published 12-23- Systems of records; notice; published 12-15-04 04 [FR 04-27983] RULES GOING INTO implementation; published [FR 04-27351] 1-18-05 Virginia; comments due by EFFECT JANUARY 18, ENERGY DEPARTMENT 1-28-05; published 12-29- 2005 Meetings: 04 [FR 04-28352] COMMENTS DUE NEXT Environmental Management Environmental statements; DEFENSE DEPARTMENT WEEK Site-Specific Advisory availability, etc.: Army Department Board— Coastal nonpoint pollution Law enforcement and criminal AGRICULTURE Oak Ridge Reservation, control program— investigations: DEPARTMENT TN; Open for comments Minnesota and Texas; until further notice; Law enforcement reporting; Agricultural Marketing Open for comments published 11-19-04 [FR published 12-16-04 Service until further notice; Cotton classing, testing and 04-25693] published 10-16-03 [FR ENVIRONMENTAL standards: 03-26087] PROTECTION AGENCY ENERGY DEPARTMENT Classification services to Pesticides; tolerances in food, Air quality implementation Energy Efficiency and growers; 2004 user fees; animal feeds, and raw plans; approval and Renewable Energy Office Open for comments until agricultural commodities: promulgation; various Commercial and industrial further notice; published Trifluralin; comments due by States: equipment; energy efficiency 5-28-04 [FR 04-12138] program: 1-24-05; published 11-24- California; published 11-16- 04 [FR 04-25941] Melons grown in— Test procedures and 04 Water pollution control: Texas; comments due by 1- efficiency standards— Water pollution control: National Pollutant Discharge 25-05; published 11-26-04 Commercial packaged Ocean dumping; site [FR 04-26120] Elimination System— designations— boilers; Open for Vidalia onions grown in— Concentrated animal Rhode Island Sound, RI; comments until further Georgia; comments due by feeding operations in published 12-16-04 notice; published 10-21- 1-25-05; published 11-26- 04 [FR 04-17730] New Mexico and FEDERAL 04 [FR 04-26122] Oklahoma; general COMMUNICATIONS ENERGY DEPARTMENT permit for discharges; AGRICULTURE COMMISSION Federal Energy Regulatory Open for comments DEPARTMENT Radio stations; table of Commission until further notice; Animal and Plant Health assignments: Electric rate and corporate published 12-7-04 [FR Inspection Service 04-26817] California; published 12-20- regulation filings: Noxious weeds: 04 Virginia Electric & Power Water pollution; effluent Caulerpa; comments due by guidelines for point source Massachusetts and New Co. et al.; Open for 1-26-05; published 1-14- categories: York; published 12-20-04 comments until further 05 [FR 05-00801] Meat and poultry products New Mexico; published 12- notice; published 10-1-03 AGRICULTURE [FR 03-24818] processing facilities; Open 20-04 for comments until further DEPARTMENT ENVIRONMENTAL HOUSING AND URBAN notice; published 9-8-04 Forest Service PROTECTION AGENCY DEVELOPMENT [FR 04-12017] DEPARTMENT Alaska National Interest Lands Air pollutants, hazardous; Conservation Act; Title VIII FEDERAL Mortgage and loan insurance national emission standards: Implementation (subsistance COMMUNICATIONS programs: Synthetic organic priority): COMMISSION Federal Housing manufacturing industry Southwestern Alaska coastal Common carrier services: Administration Credit and other processes areas; subsistence Communications disruptions; Watch Termination subject to negotiated management jurisdiction; airport communications; Initiative; revisions; regulation for equipment comments due by 1-24- comments due by 1-25- published 12-17-04 leaks; comments due by 05; published 12-8-04 [FR 1-24-05; published 12-23- 05; published 11-26-04 TRANSPORTATION 04-26789] 04 [FR 04-27991] [FR 04-26161] DEPARTMENT Interconnection— AGRICULTURE Air programs: Federal Aviation DEPARTMENT Incumbent local exchange Administration Ambient air quality carriers unbounding Rural Housing Service standards, national— Airworthiness directives: obligations; local Grants and cooperative Transportation conformity; Bell Helicopter Textron competition provisions; agreements; availability, etc.: rule amendments for Canada; published 1-3-05 wireline services Rural Community new 8-hour ozone and offering advanced Pratt & Whitney Canada; Development Initiative; fine particular matter; telecommunications published 12-14-04 comments due by 1-25- comments due by 1-27- capability; Open for Raytheon; published 12-16- 05; published 10-27-04 05; published 1-4-05 comments until further 04 [FR 04-24013] [FR 05-00083] notice; published 12-29- TRANSPORTATION COURT SERVICES AND Air quality implementation 04 [FR 04-28531] DEPARTMENT OFFENDER SUPERVISION plans; approval and Radio stations; table of National Highway Traffic AGENCY FOR THE promulgation; various assignments: Safety Administration DISTRICT OF COLUMBIA States: Idaho; comments due by 1- Motor vehicle safety Semi-annual agenda; Open for District of Columbia; 24-05; published 12-15-04 standards: comments until further comments due by 1-24- [FR 04-27448]

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Washington; comments due Dental noble metal alloys Nonimmigrant workers (H- SMALL BUSINESS by 1-24-05; published 12- and base metal alloys; 1B); Labor condition ADMINISTRATION 15-04 [FR 04-27447] Class II special applications and Disaster loan areas: Television broadcasting: controls; Open for requirments; comments Maine; Open for comments Digital television comments until further due by 1-24-05; published until further notice; conversion— notice; published 8-23- 11-23-04 [FR 04-25783] published 2-17-04 [FR 04- 04 [FR 04-19179] Digital low power LABOR DEPARTMENT 03374] HOMELAND SECURITY television, television Wage and Hour Division OFFICE OF UNITED STATES DEPARTMENT translator stations, and Alien temporary employment TRADE REPRESENTATIVE Coast Guard digital television booster labor certification process: Trade Representative, Office Anchorage regulations: stations and related Nonimmigrant workers (H- of United States issues; comments due Maryland; Open for 1B); Labor condition Generalized System of by 1-28-05; published comments until further applications and Preferences: 11-29-04 [FR 04-25742] notice; published 1-14-04 requirments; comments 2003 Annual Product [FR 04-00749] due by 1-24-05; published GENERAL SERVICES Review, 2002 Annual INTERIOR DEPARTMENT 11-23-04 [FR 04-25783] ADMINISTRATION Country Practices Review, Fish and Wildlife Service Federal travel: MINE SAFETY AND HEALTH and previously deferred Relocation allowance; Alaska National Interest Lands FEDERAL REVIEW product decisions; comments due by 1-24- Conservation Act; Title VIII COMMISSION petitions disposition; Open 05; published 11-23-04 Implementation (subsistance Federal Mine Safety and for comments until further [FR 04-25890] priority): Health Review Commission notice; published 7-6-04 Privacy Act; implementation; Southwestern Alaska coastal Procedural rules; revisions; [FR 04-15361] comments due by 1-28-05; areas; subsistence comments due by 1-25-05; management jurisdiction; TRANSPORTATION published 12-29-04 [FR 04- published 10-27-04 [FR 04- DEPARTMENT 28182] comments due by 1-24- 24023] 05; published 12-8-04 [FR Federal Aviation HEALTH AND HUMAN 04-26789] NATIONAL CREDIT UNION Administration ADMINISTRATION SERVICES DEPARTMENT Endangered and threatened Air carrier certification and Centers for Medicare & species permit applications Credit unions: operations: Medicaid Services Recovery plans— Organization and Pyrotechnic signaling device Medicare: Paiute cutthroat trout; operations— requirements; comments Ambulatory surgical centers; Open for comments Loans and lines of credit due by 1-26-05; published ratesetting methodology, until further notice; to members; comments 12-27-04 [FR 04-28230] payment rates and published 9-10-04 [FR due by 1-25-05; Airworthiness directives: published 11-26-04 [FR policies, and covered 04-20517] Boeing; comments due by 04-25996] surgical procedures list; Endangered and threatened 1-24-05; published 12-8- update; comments due by species: NUCLEAR REGULATORY 04 [FR 04-26920] 1-25-05; published 11-26- Critical habitat COMMISSION McDonnell Douglas; 04 [FR 04-25968] designations— Environmental statements; comments due by 1-28- Provider service California and Southern availability, etc.: 05; published 12-14-04 terminations; expedited Oregon; vernal pool Fort Wayne State [FR 04-27327] determination and crustaceans and plants; Developmental Center; TRANSPORTATION reconsideration comments due by 1-27- Open for comments until DEPARTMENT procedures; comments 05; published 12-28-04 further notice; published due by 1-25-05; published [FR 04-28164] 5-10-04 [FR 04-10516] National Highway Traffic Safety Administration 11-26-04 [FR 04-26133] Fish slough milk-vetch; Rulemaking petitions: Motor vehicle safety HEALTH AND HUMAN comments due by 1-27- Committee to Bridge the standards: SERVICES DEPARTMENT 05; published 12-28-04 Gap; comments due by 1- Food and Drug [FR 04-28163] 24-05; published 11-8-04 Head restraints for Administration INTERIOR DEPARTMENT [FR 04-24803] passenger cars and light multipurpose vehicles, Food for human consumption: Surface Mining Reclamation PENSION BENEFIT and Enforcement Office trucks, and buses; Irradiation in production, GUARANTY CORPORATION comments due by 1-28- Permanent program and processing, and handling Electronic filing; annual and 05; published 12-14-04 abandoned mine land of food— actuarial information; [FR 04-26641] reclamation plan comments due by 1-27-05; Ionizing radiation in Occupant crash protection— treatment of food; x ray submissions: published 12-28-04 [FR 04- Integral lap/shoulder maximum permited Oklahoma; comments due 28398] safety belts; rear seats energy level; comments by 1-28-05; published 12- SECURITIES AND requirement; comments due by 1-24-05; 29-04 [FR 04-28485] EXCHANGE COMMISSION due by 1-24-05; published 12-23-04 [FR JUSTICE DEPARTMENT Securities: published 12-8-04 [FR 04-28043] Americans with Disabilities National market system; 04-26874] Reports and guidance Act, implementation: joint industry plans; TREASURY DEPARTMENT documents; availability, etc.: Accessibility guidelines— amendments; comments Evaluating safety of ADA standards revisions; due by 1-26-05; published Thrift Supervision Office antimicrobial new animal adoption; comment 12-27-04 [FR 04-27934] Community Reinvestment Act; drugs with regard to their request; comments due Self-regulatory organizations; implementation: microbiological effects on by 1-28-05; published governance, Community development; bacteria of human health 9-30-04 [FR 04-21875] administration, definition and assigned concern; Open for LABOR DEPARTMENT transparency and ratings; comments due by comments until further Employment and Training ownership, and reporting 1-24-05; published 11-24- notice; published 10-27-03 Administration requirements; comments 04 [FR 04-26011] [FR 03-27113] Alien temporary employment due by 1-24-05; published Economic Growth and Medical devices— labor certification process: 12-8-04 [FR 04-26153] Regulatory Paperwork

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Reduction Act; federal—register/public—laws/ www.gpoaccess.gov/plaws/ enacted public laws. To implementation: public—laws.html. index.html. Some laws may subscribe, go to http:// not yet be available. Application and reporting A cumulative List of Public listserv.gsa.gov/archives/ requirements; comments Laws for the second session H.R. 241/P.L. 109-1 publaws-l.html due by 1-24-05; published of the 108th Congress will 11-24-04 [FR 04-26010] To accelerate the income tax appear in the issue of January benefits for charitable cash Note: This service is strictly 31, 2005. contributions for the relief of for E-mail notification of new LIST OF PUBLIC LAWS The text of laws is not victims of the Indian Ocean laws. The text of laws is not published in the Federal tsunami. (Jan. 7, 2005; 119 available through this service. This is the first in a continuing Register but may be ordered Stat. 3) list of public bills from the in ‘‘slip law’’ (individual PENS cannot respond to current session of Congress pamphlet) form from the specific inquiries sent to this which have become Federal Superintendent of Documents, Public Laws Electronic address. laws. It may be used in U.S. Government Printing Notification Service conjunction with ‘‘PLUS’’ Office, Washington, DC 20402 (Public Laws Update Service) (phone, 202–512–1808). The (PENS) on 202–741–6043. This list is text will also be made also available online at http:// available on the Internet from PENS is a free electronic mail www.archives.gov/ GPO Access at http:// notification service of newly

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CFR CHECKLIST Title Stock Number Price Revision Date 13 ...... (869–052–00038–8) ...... 55.00 Jan. 1, 2004 This checklist, prepared by the Office of the Federal Register, is 14 Parts: published weekly. It is arranged in the order of CFR titles, stock 1–59 ...... (869–052–00039–6) ...... 63.00 Jan. 1, 2004 numbers, prices, and revision dates. 60–139 ...... (869–052–00040–0) ...... 61.00 Jan. 1, 2004 An asterisk (*) precedes each entry that has been issued since last 140–199 ...... (869–052–00041–8) ...... 30.00 Jan. 1, 2004 week and which is now available for sale at the Government Printing 200–1199 ...... (869–052–00042–6) ...... 50.00 Jan. 1, 2004 Office. 1200–End ...... (869–052–00043–4) ...... 45.00 Jan. 1, 2004 A checklist of current CFR volumes comprising a complete CFR set, 15 Parts: also appears in the latest issue of the LSA (List of CFR Sections 0–299 ...... (869–052–00044–2) ...... 40.00 Jan. 1, 2004 Affected), which is revised monthly. 300–799 ...... (869–052–00045–1) ...... 60.00 Jan. 1, 2004 800–End ...... (869–052–00046–9) ...... 42.00 Jan. 1, 2004 The CFR is available free on-line through the Government Printing Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 16 Parts: index.html. For information about GPO Access call the GPO User 0–999 ...... (869–052–00047–7) ...... 50.00 Jan. 1, 2004 Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 1000–End ...... (869–052–00048–5) ...... 60.00 Jan. 1, 2004 The annual rate for subscription to all revised paper volumes is 17 Parts: $1195.00 domestic, $298.75 additional for foreign mailing. 1–199 ...... (869–052–00050–7) ...... 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 ...... (869–052–00055–8) ...... 61.00 Apr. 1, 2004 Title Stock Number Price Revision Date 141–199 ...... (869–052–00056–6) ...... 58.00 Apr. 1, 2004 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 ...... (869–052–00060–9) ...... 63.00 Apr. 1, 2004 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 ...... (869–052–00062–1) ...... 49.00 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 ...... (869–052–00065–5) ...... 31.00 Apr. 1, 2004 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 ...... (869–052–00071–0) ...... 45.00 Apr. 1, 2004 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 ...... (869–052–00073–6) ...... 60.00 Apr. 1, 2004 1600–1899 ...... (869–052–00018–3) ...... 64.00 Jan. 1, 2004 200–499 ...... (869–052–00074–4) ...... 50.00 Apr. 1, 2004 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 ...... (869–052–00076–1) ...... 61.00 Apr. 1, 2004 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 ...... (869–052–00078–7) ...... 63.00 Apr. 1, 2004 8 ...... (869–052–00023–0) ...... 63.00 Jan. 1, 2004 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–052–00079–5) ...... 49.00 Apr. 1, 2004 1–199 ...... (869–052–00024–8) ...... 61.00 Jan. 1, 2004 §§ 1.61–1.169 ...... (869–052–00080–9) ...... 63.00 Apr. 1, 2004 200–End ...... (869–052–00025–6) ...... 58.00 Jan. 1, 2004 §§ 1.170–1.300 ...... (869–052–00081–7) ...... 60.00 Apr. 1, 2004 10 Parts: §§ 1.301–1.400 ...... (869–052–00082–5) ...... 46.00 Apr. 1, 2004 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 ...... (869–052–00089–2) ...... 61.00 Apr. 1, 2004 1–199 ...... (869–052–00031–1) ...... 34.00 Jan. 1, 2004 §§ 1.1401–1.1503–2A .... (869–052–00090–6) ...... 55.00 Apr. 1, 2004 200–219 ...... (869–052–00032–9) ...... 37.00 Jan. 1, 2004 §§ 1.1551–End ...... (869–052–00091–4) ...... 55.00 Apr. 1, 2004 220–299 ...... (869–052–00033–7) ...... 61.00 Jan. 1, 2004 2–29 ...... (869–052–00092–2) ...... 60.00 Apr. 1, 2004 300–499 ...... (869–052–00034–5) ...... 47.00 Jan. 1, 2004 30–39 ...... (869–052–00093–1) ...... 41.00 Apr. 1, 2004 500–599 ...... (869–052–00035–3) ...... 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 ...... (869–052–00095–7) ...... 41.00 Apr. 1, 2004 900–End ...... (869–052–00037–0) ...... 50.00 Jan. 1, 2004 300–499 ...... (869–052–00096–5) ...... 61.00 Apr. 1, 2004

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–052–00097–3) ...... 12.00 5Apr. 1, 2004 72–80 ...... (869–052–00151–1) ...... 62.00 July 1, 2004 600–End ...... (869–052–00098–1) ...... 17.00 Apr. 1, 2004 81–85 ...... (869–052–00152–0) ...... 60.00 July 1, 2004 27 Parts: 86 (86.1–86.599–99) ...... (869–052–00153–8) ...... 58.00 July 1, 2004 86 (86.600–1–End) ...... 1–199 ...... (869–052–00099–0) ...... 64.00 Apr. 1, 2004 (869–052–00154–6) 50.00 July 1, 2004 ...... (869–052–00155–4) ...... 60.00 July 1, 2004 200–End ...... (869–052–00100–7) ...... 21.00 Apr. 1, 2004 87–99 100–135 ...... (869–052–00156–2) ...... 45.00 July 1, 2004 28 Parts: ...... 136–149 ...... (869–052–00157–1) ...... 61.00 July 1, 2004 0–42 ...... (869–052–00101–5) ...... 61.00 July 1, 2004 150–189 ...... (869–052–00158–9) ...... 50.00 July 1, 2004 43–End ...... (869–052–00102–3) ...... 60.00 July 1, 2004 190–259 ...... (869–052–00159–7) ...... 39.00 July 1, 2004 29 Parts: 260–265 ...... (869–052–00160–1) ...... 50.00 July 1, 2004 0–99 ...... (869–052–00103–1) ...... 50.00 July 1, 2004 266–299 ...... (869–052–00161–9) ...... 50.00 July 1, 2004 100–499 ...... (869–052–00104–0) ...... 23.00 July 1, 2004 300–399 ...... (869–052–00162–7) ...... 42.00 July 1, 2004 8 500–899 ...... (869–052–00105–8) ...... 61.00 July 1, 2004 400–424 ...... (869–052–00163–5) ...... 56.00 July 1, 2004 900–1899 ...... (869–052–00106–6) ...... 36.00 July 1, 2004 425–699 ...... (869–052–00164–3) ...... 61.00 July 1, 2004 1900–1910 (§§ 1900 to 700–789 ...... (869–052–00165–1) ...... 61.00 July 1, 2004 1910.999) ...... (869–052–00107–4) ...... 61.00 July 1, 2004 790–End ...... (869–052–00166–0) ...... 61.00 July 1, 2004 1910 (§§ 1910.1000 to 41 Chapters: end) ...... (869–052–00108–2) ...... 46.00 8July 1, 2004 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–052–00109–1) ...... 30.00 July 1, 2004 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1926 ...... (869–052–00110–4) ...... 50.00 July 1, 2004 3–6 ...... 14.00 3 July 1, 1984 1927–End ...... (869–052–00111–2) ...... 62.00 July 1, 2004 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 ...... (869–052–00112–1) ...... 57.00 July 1, 2004 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–052–00113–9) ...... 50.00 July 1, 2004 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–052–00114–7) ...... 58.00 July 1, 2004 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 ...... (869–052–00115–5) ...... 41.00 July 1, 2004 19–100 ...... 13.00 3 July 1, 1984 200–End ...... (869–052–00116–3) ...... 65.00 July 1, 2004 1–100 ...... (869–052–00167–8) ...... 24.00 July 1, 2004 32 Parts: 101 ...... (869–052–00168–6) ...... 21.00 July 1, 2004 1–39, Vol. I ...... 15.00 2 July 1, 1984 102–200 ...... (869–052–00169–4) ...... 56.00 July 1, 2004 1–39, Vol. II ...... 19.00 2 July 1, 1984 201–End ...... (869–052–00170–8) ...... 24.00 July 1, 2004 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–052–00117–1) ...... 61.00 July 1, 2004 1–399 ...... (869–052–00171–6) ...... 61.00 Oct. 1, 2004 191–399 ...... (869–052–00118–0) ...... 63.00 July 1, 2004 400–429 ...... (869–052–00172–4) ...... 63.00 Oct. 1, 2004 400–629 ...... (869–052–00119–8) ...... 50.00 8July 1, 2004 430–End ...... (869–052–00173–2) ...... 64.00 Oct. 1, 2004 630–699 ...... (869–052–00120–1) ...... 37.00 7July 1, 2004 700–799 ...... (869–052–00121–0) ...... 46.00 July 1, 2004 43 Parts: 800–End ...... (869–052–00122–8) ...... 47.00 July 1, 2004 1–999 ...... (869–052–00174–1) ...... 56.00 Oct. 1, 2004 1000–end ...... (869–052–00175–9) ...... 62.00 Oct. 1, 2004 33 Parts: 1–124 ...... (869–052–00123–6) ...... 57.00 July 1, 2004 44 ...... (869–052–00176–7) ...... 50.00 Oct. 1, 2004 125–199 ...... (869–052–00124–4) ...... 61.00 July 1, 2004 45 Parts: 200–End ...... (869–052–00125–2) ...... 57.00 July 1, 2004 1–199 ...... (869–052–00177–5) ...... 60.00 Oct. 1, 2004 34 Parts: 200–499 ...... (869–052–00178–3) ...... 34.00 Oct. 1, 2004 1–299 ...... (869–052–00126–1) ...... 50.00 July 1, 2004 500–1199 ...... (869–052–00179–1) ...... 56.00 Oct. 1, 2004 300–399 ...... (869–052–00127–9) ...... 40.00 July 1, 2004 1200–End ...... (869–052–00180–5) ...... 61.00 Oct. 1, 2004 400–End ...... (869–052–00128–7) ...... 61.00 July 1, 2004 46 Parts: 35 ...... (869–052–00129–5) ...... 10.00 6July 1, 2004 1–40 ...... (869–052–00181–3) ...... 46.00 Oct. 1, 2004 41–69 ...... (869–052–00182–1) ...... 39.00 Oct. 1, 2004 36 Parts 70–89 ...... (869–052–00183–0) ...... 14.00 Oct. 1, 2004 1–199 ...... (869–052–00130–9) ...... 37.00 July 1, 2004 90–139 ...... (869–052–00184–8) ...... 44.00 Oct. 1, 2004 200–299 ...... (869–052–00131–7) ...... 37.00 July 1, 2004 140–155 ...... (869–052–00185–6) ...... 25.00 Oct. 1, 2004 300–End ...... (869–052–00132–5) ...... 61.00 July 1, 2004 156–165 ...... (869–052–00186–4) ...... 34.00 Oct. 1, 2004 37 ...... (869–052–00133–3) ...... 58.00 July 1, 2004 166–199 ...... (869–052–00187–2) ...... 46.00 Oct. 1, 2004 200–499 ...... (869–052–00188–1) ...... 40.00 Oct. 1, 2004 38 Parts: 500–End ...... (869–052–00189–9) ...... 25.00 Oct. 1, 2004 0–17 ...... (869–052–00134–1) ...... 60.00 July 1, 2004 18–End ...... (869–052–00135–0) ...... 62.00 July 1, 2004 47 Parts: *0–19 ...... (869–052–00190–2) ...... 61.00 Oct. 1, 2004 39 ...... (869–052–00136–8) ...... 42.00 July 1, 2004 *20–39 ...... (869–052–00191–1) ...... 46.00 Oct. 1, 2004 40 Parts: 40–69 ...... (869–050–00190–0) ...... 39.00 Oct. 1, 2003 1–49 ...... (869–052–00137–6) ...... 60.00 July 1, 2004 70–79 ...... (869–050–00191–8) ...... 61.00 Oct. 1, 2003 50–51 ...... (869–052–00138–4) ...... 45.00 July 1, 2004 80–End ...... (869–050–00192–6) ...... 61.00 Oct. 1, 2003 52 (52.01–52.1018) ...... (869–052–00139–2) ...... 60.00 July 1, 2004 48 Chapters: 52 (52.1019–End) ...... (869–052–00140–6) ...... 61.00 July 1, 2004 1 (Parts 1–51) ...... (869–052–00195–3) ...... 63.00 Oct. 1, 2004 53–59 ...... (869–052–00141–4) ...... 31.00 July 1, 2004 1 (Parts 52–99) ...... (869–052–00196–1) ...... 49.00 Oct. 1, 2004 60 (60.1–End) ...... (869–052–00142–2) ...... 58.00 July 1, 2004 2 (Parts 201–299) ...... (869–052–00197–0) ...... 50.00 Oct. 1, 2004 60 (Apps) ...... (869–052–00143–1) ...... 57.00 July 1, 2004 3–6 ...... (869–052–00198–8) ...... 34.00 Oct. 1, 2004 61–62 ...... (869–052–00144–9) ...... 45.00 July 1, 2004 7–14 ...... (869–052–00199–6) ...... 56.00 Oct. 1, 2004 63 (63.1–63.599) ...... (869–052–00145–7) ...... 58.00 July 1, 2004 *15–28 ...... (869–052–00200–3) ...... 47.00 Oct. 1, 2004 63 (63.600–63.1199) ...... (869–052–00146–5) ...... 50.00 July 1, 2004 29–End ...... (869–052–00201–1) ...... 47.00 Oct. 1, 2004 63 (63.1200–63.1439) .... (869–052–00147–3) ...... 50.00 July 1, 2004 63 (63.1440–63.8830) .... (869–052–00148–1) ...... 64.00 July 1, 2004 49 Parts: 64–71 ...... (869–052–00150–3) ...... 29.00 July 1, 2004 1–99 ...... (869–052–00202–0) ...... 60.00 Oct. 1, 2004

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Title Stock Number Price Revision Date 100–185 ...... (869–050–00201–9) ...... 63.00 Oct. 1, 2003 186–199 ...... (869–052–00204–6) ...... 23.00 Oct. 1, 2004 200–399 ...... (869–050–00203–5) ...... 64.00 Oct. 1, 2003 400–599 ...... (869–052–00206–2) ...... 64.00 Oct. 1, 2004 600–999 ...... (869–052–00207–1) ...... 19.00 Oct. 1, 2004 1000–1199 ...... (869–052–00208–9) ...... 28.00 Oct. 1, 2004 1200–End ...... (869–052–00209–7) ...... 34.00 Oct. 1, 2004 50 Parts: 1–16 ...... (869–052–00210–1) ...... 11.00 Oct. 1, 2004 17.1–17.95 ...... (869–050–00209–4) ...... 62.00 Oct. 1, 2003 *17.96–17.99(h) ...... (869–052–00212–7) ...... 61.00 Oct. 1, 2004 17.99(i)–end and 17.100–end ...... (869–052–00213–5) ...... 47.00 Oct. 1, 2004 18–199 ...... (869–052–00214–3) ...... 50.00 Oct. 1, 2004 200–599 ...... (869–052–00215–1) ...... 45.00 Oct. 1, 2004 600–End ...... (869–050–00214–1) ...... 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, 2004. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2004. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2004. The CFR volume issued as of July 1, 2002 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2003, through July 1, 2004. The CFR volume issued as of July 1, 2003 should be retained.

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