12–13–04 Monday Vol. 69 No. 238 Dec. 13, 2004

Pages 72109–72640

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i II Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004

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Contents Federal Register Vol. 69, No. 238

Monday, December 13, 2004

Advisory Council on Historic Preservation Children and Families Administration See Historic Preservation, Advisory Council NOTICES Agency information collection activities; proposals, Agency for International Development submissions, and approvals, 72201–72202 PROPOSED RULES Semi-annual agenda, 73765–73768 Civil Rights Commission NOTICES PROPOSED RULES Senior Executive Service: Semi-annual agenda, 73773–73774 Performance Review Board; membership, 72163 Coast Guard Agriculture Department PROPOSED RULES See Forest Service Drawbridge operations: New Jersey, 72138–72140 See Natural Resources Conservation Service PROPOSED RULES Commerce Department Semi-annual agenda, 72891–72972 See Census Bureau See International Trade Administration Air Force Department See National Oceanic and Atmospheric Administration NOTICES PROPOSED RULES Meetings: Semi-annual agenda, 72973–73953 Scientific Advisory Board, 72183 Committee for Purchase From People Who Are Blind or Alcohol, Tobacco, Firearms, and Explosives Bureau Severely Disabled NOTICES PROPOSED RULES Agency information collection activities; proposals, Semi-annual agenda, 73775–73778 submissions, and approvals, 72219–72221 Committee for the Implementation of Textile Agreements Architectural and Transportation Barriers Compliance NOTICES Board Textile and apparel products; annual shipping quota limits PROPOSED RULES China safeguard limits, 72181–72182 Semi-annual agenda, 73769–73771 Commodity Futures Trading Commission PROPOSED RULES Army Department Semi-annual agenda, 74091–74097 NOTICES Senior Executive Service: Consumer Product Safety Commission Performance Review Board; membership, 72183–72184 PROPOSED RULES Semi-annual agenda, 74099–74107 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Corporation for National and Community Service PROPOSED RULES Blind or Severely Disabled, Committee for Purchase From Semi-annual agenda, 73779–73781 People Who Are NOTICES See Committee for Purchase From People Who Are Blind Agency information collection activities; proposals, or Severely Disabled submissions, and approvals, 72182–72183

Census Bureau Court Services and Offender Supervision Agency for the District of Columbia NOTICES Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 72164–72165 Semi-annual agenda, 73783–73784 Defense Department Centers for Disease Control and Prevention See Air Force Department NOTICES See Army Department Agency information collection activities; proposals, See Defense Logistics Agency submissions, and approvals, 72197–72201 PROPOSED RULES Committees; establishment, renewal, termination, etc.: Federal Acquisition Regulation (FAR): HIV and STD Prevention and Treatment Advisory Semi-annual agenda, 74077–74090 Committee, 72201 Semi-annual agenda, 73055–73095 Mine Safety and Health Research Advisory Committee, 72201 Defense Logistics Agency Meetings: NOTICES National Center for Health Statistics Scientific Counselors Privacy Act: Board, 72201 Computer matching programs, 72184–72185

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Education Department Federal Communications Commission PROPOSED RULES PROPOSED RULES Semi-annual agenda, 73097–73103 Semi-annual agenda, 74119–74178

Energy Department Federal Deposit Insurance Corporation See Federal Energy Regulatory Commission PROPOSED RULES PROPOSED RULES Semi-annual agenda, 74179–74186 Semi-annual agenda, 73105–73118 NOTICES Federal Emergency Management Agency Electricity export and import authorizations, permits, etc.: RULES Constellation Energy Commodoties Group, Inc., 72185– Flood elevation determinations: 72186 Various States, 72128–72133 Direct Commodities Trading, Inc., 72186 PROPOSED RULES Edison Mission Marketing & Trading, Inc., 72186–72187 Flood elevation determinations: Various States, 72156–72161 Environmental Protection Agency RULES Federal Energy Regulatory Commission Air quality implementation plans; approval and PROPOSED RULES promulgation; various States: Semi-annual agenda, 74187–74194 New York, 72118–72128 NOTICES Virginia, 72115–72117 Electric rate and corporate regulation filings, 72188–72189 PROPOSED RULES Environmental statements; availability, etc.: Air programs: Columbia Gas Transmission Corp., 72189–72191 Ambient air quality standards, national— Applications, hearings, determinations, etc.: Transportation conformity; rule amendments for new 8- Association of Oil Pipe Lines et al., 72187 hour ozone and fine particular matter, 72140– Devon Power LLC, 72187 72156 Quiet Light Trading, LLC, 72187–72188 Semi-annual agenda, 73785–73940 SFPP, L.P., 72188 NOTICES Agency information collection activities; proposals, Federal Housing Enterprise Oversight Office submissions, and approvals, 72191–72193 PROPOSED RULES Air pollution control: Semi-annual agenda, 73989–73991 Citizens suits; proposed settlements— Automotive Refrigeration Products Institute et al., Federal Housing Finance Board 72193–72195 PROPOSED RULES Semi-annual agenda, 74195–74198 Equal Employment Opportunity Commission PROPOSED RULES Federal Maritime Commission Semi-annual agenda, 73943–73945 PROPOSED RULES Semi-annual agenda, 74199–74203 Executive Office of the President See Management and Budget Office Federal Mediation and Conciliation Service See Presidential Documents PROPOSED RULES Semi-annual agenda, 73947–73949 Farm Credit Administration PROPOSED RULES Federal Railroad Administration Semi-annual agenda, 74109–74116 RULES NOTICES Alcohol and drug testing; minimum random testing rates Meetings; Sunshine Act, 72195 determination (2005 CY), 72133

Farm Credit System Insurance Corporation Federal Reserve System PROPOSED RULES PROPOSED RULES Semi-annual agenda, 74117–74118 Semi-annual agenda, 74205–74213 NOTICES Federal Aviation Administration Banks and bank holding companies: RULES Change in bank control, 72195 Class E airspace, 72111–72112 Formations, acquisitions, and mergers, 72195 Restricted areas, 72113–72114 PROPOSED RULES Federal Trade Commission Airworthiness directives: PROPOSED RULES CENTRAIR 101, 72134–72138 Semi-annual agenda, 74215–74226 NOTICES Environmental statements; availability, etc.: Fish and Wildlife Service Mojave Airport, CA; East Kern Airport District— PROPOSED RULES Launch site operator license, 72251–72252 Endangered and threatened species: Passenger facility charges; applications, etc.: Critical habitat designations— Colorado Springs Airport, CO, 72252 Southwestern willow flycatcher, 72161–72162

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NOTICES Indian Health Service Comprehensive conservation plans; availability, etc.: NOTICES Monomoy and Nomans Land Island National Wildlife Health professionals; educational loans repayment program, Refuge, MA, 72210–72211 72204–72207 Endangered and threatened species: Tinian Monarch; post-delisting monitoring plan; Interior Department availability, 72211–72212 See Fish and Wildlife Service See Land Management Bureau Food and Drug Administration See National Indian Gaming Commission NOTICES See National Park Service Agency information collection activities; proposals, See Reclamation Bureau submissions, and approvals, 72202–72204 PROPOSED RULES Semi-annual agenda, 73331–73402 Forest Service International Trade Administration NOTICES Meetings: NOTICES Antidumping: Resource Advisory Committees— Stainless steel sheet and strip in coils from— Modoc County, 72163 Germany, 72165–72166

General Services Administration International Trade Commission PROPOSED RULES NOTICES Federal Acquisition Regulation (FAR): Import investigations: Semi-annual agenda, 74077–74090 U.S.-Oman Free Trade Agreement; probable economic Semi-annual agenda, 73951–73959 effect of duty-free imports, 72216–72217 NOTICES U.S.-Sub-Saharan Africa; trade and investment; countries Agency information collection activities; proposals, eligible for African Growth and Opportunity Act; submissions, and approvals, 72196 hearing, 72217–72218 U.S.-UAE Free Trade Agreement; probable economic Government Ethics Office effect of duty-free imports, 72218–72219 PROPOSED RULES Semi-annual agenda, 73993–73999 Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Health and Human Services Department See Justice Programs Office See Centers for Disease Control and Prevention RULES See Children and Families Administration Privacy Act; implementation, 72114–72115 See Food and Drug Administration PROPOSED RULES See Health Resources and Services Administration Semi-annual agenda, 73403–73447 See Indian Health Service PROPOSED RULES Justice Programs Office Semi-annual agenda, 73119–73184 NOTICES Agency information collection activities; proposals, Health Resources and Services Administration submissions, and approvals, 72221–72222 NOTICES Labor Department Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 72204 Semi-annual agenda, 73499–73482

Historic Preservation, Advisory Council Land Management Bureau PROPOSED RULES NOTICES Semi-annual agenda, 73763–73764 Meetings: California Desert District Advisory Council, 72212 Homeland Security Department Pinedale Anticline Working Group task groups, 72212– See Coast Guard 72213 See Federal Emergency Management Agency Resource Advisory Councils— PROPOSED RULES Northwest Colorado, 72213–72214 Semi-annual agenda, 73185–73296 NOTICES Management and Budget Office Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 72207–72209 Semi-annual agenda, 74001–74003 NOTICES Housing and Urban Development Department Circulars, etc.: See Federal Housing Enterprise Oversight Office Financial Management Systems (A-127), 72224–72225 PROPOSED RULES Semi-annual agenda, 73299–73330 National Aeronautics and Space Administration NOTICES PROPOSED RULES Federal Housing Administration: Federal Acquisition Regulation (FAR): Credit watch termination initiative, 72209–72210 Semi-annual agenda, 74077–74090

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Semi-annual agenda, 73961–73968 Office of Management and Budget See Management and Budget Office National Archives and Records Administration PROPOSED RULES Overseas Private Investment Corporation Semi-annual agenda, 73969–73975 NOTICES Agency information collection activities; proposals, National Credit Union Administration submissions, and approvals, 72225 PROPOSED RULES Semi-annual agenda, 74227–74235 Peace Corps NOTICES PROPOSED RULES Meetings; Sunshine Act, 72222–72223 Semi-annual agenda, 74031–74033

National Foundation on the Arts and the Humanities Pension Benefit Guaranty Corporation PROPOSED RULES PROPOSED RULES Semi-annual agenda: Semi-annual agenda, 74035–74038 Institute of Museum and Library Services, 73977–73979 National Endowment for the Arts, 73981–73982 Personnel Management Office National Endowment for the Humanities, 73983–73984 PROPOSED RULES NOTICES Semi-annual agenda, 74005–74030 Meetings: Combined Arts Advisory Panel, 72223 Presidential Documents ADMINISTRATIVE ORDERS National Indian Gaming Commission Russia; chemical weapons destruction facility, waiver of PROPOSED RULES conditions on funds (Presidential Determination No. Semi-annual agenda, 74237–74241 2005-07 of November 29, 2004), 72109 National Oceanic and Atmospheric Administration Presidio Trust NOTICES Committees; establishment, renewal, termination, etc.: PROPOSED RULES National Sea Grant Review Panel, 72166 Semi-annual agenda, 74039–74041 Olympic Coast National Marine Sanctuary Advisory Railroad Retirement Board Council, 72166–72167 PROPOSED RULES Marine mammals: Semi-annual agenda, 74043–74046 Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; eastern tropical Reclamation Bureau Pacific Ocean off Central America; oceanographic NOTICES seismic surveys; cetaceans and pinnipeds, 72167– Rocky Boy’s/North Central Montana Regional Water System 72180 Act: Permits: Water conservation plans— Endangered and threatened species, 72180–72181 Chippewa Creek Tribe and North Central Montana Reports and guidance documents; availability, etc.: Regional Water Authority, 72215–72216 Climate Change Science Program; synthesis and assessment products, 72181 Regulatory Information Service Center National Park Service PROPOSED RULES Introduction to Regulatory Plan and Unified Agenda of NOTICES Federal Regulatory and Deregulatory Actions, 72643– Environmental statements; availability, etc.: 72890 Big Thicket National Preserve, TX, 72214–72215

National Science Foundation Research and Special Programs Administration NOTICES PROPOSED RULES Semi-annual agenda, 73985–73987 Hazardous materials: Applications; exemptions, renewals, etc., 72252–72254 Natural Resources Conservation Service NOTICES Securities and Exchange Commission Meetings: PROPOSED RULES Resource Conservation and Development Program Semi-annual agenda, 74259–74285 activities, 72163 NOTICES Agency information collection activities; proposals, Nuclear Regulatory Commission submissions, and approvals, 72225–72226 PROPOSED RULES Self-regulatory organizations; proposed rule changes: Semi-annual agenda, 74243–74257 American Stock Exchange LLC, 72228–72237 NOTICES Fixed Income Clearing Corp., 72237–72238 Environmental statements; availability, etc.: National Securities Clearing Corp., 72238–72240 APPTEC Laboratory Services, Inc., Camden, NJ, 72223– New York Stock Exchange, Inc., 72240–72242 72224 Pacific Exchange, Inc., 72242–72251 Applications, hearings, determinations, etc.: Office of Federal Housing Enterprise Oversight American Tanker Shipping Ltd., 72226 See Federal Housing Enterprise Oversight Office Nasdaq-100 Trust, Series I, 72226–72227

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Schuff International, Inc., 72227 NOTICES Aviation proceedings: Certificates of public convenience and necessity and Selective Service System foreign air carrier permits; weekly applications, PROPOSED RULES 72251 Semi-annual agenda, 74047–74048 Treasury Department Small Business Administration PROPOSED RULES PROPOSED RULES Semi-annual agenda, 73609–73738 Semi-annual agenda, 74049–74057 Veterans Affairs Department PROPOSED RULES Social Security Administration Semi-annual agenda, 73739–73762 PROPOSED RULES NOTICES Semi-annual agenda, 74059–74075 Committees; establishment, renewal, termination, etc.: Chiropractic Care Implementation Advisory Committee, State Department 72254 PROPOSED RULES Semi-annual agenda, 73483–73489 Separate Parts In This Issue Surface Transportation Board Part II-LXII PROPOSED RULES Semi-annual agenda, 74287–74289 The Unified Agenda of Federal Regulatory and Deregulatory Actions, 72641–74403

Textile Agreements Implementation Committee See Committee for the Implementation of Textile Reader Aids Agreements Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Transportation Department and notice of recently enacted public laws. See Federal Aviation Administration See Federal Railroad Administration To subscribe to the Federal Register Table of Contents See Research and Special Programs Administration LISTSERV electronic mailing list, go to http:// See Surface Transportation Board listserv.access.gpo.gov and select Online mailing list PROPOSED RULES archives, FEDREGTOC-L, Join or leave the list (or change Semi-annual agenda, 73491–73607 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Presidential Determinations: No. 2005-07 of November 29, 2004 ...... 72109 14 CFR 71 (6 documents) ...... 72111, 72112 73...... 72113 Proposed Rules: 39 (2 documents) ...... 72134, 72136 28 CFR 16...... 72114 33 CFR Proposed Rules: 117...... 72138 40 CFR 52 (2 documents) ...... 72115, 72118 Proposed Rules: 93...... 72140 44 CFR 65...... 72128 67...... 72131 Proposed Rules: 67 (2 documents) ...... 72156, 72158 49 CFR 219...... 72133 50 CFR Proposed Rules: 17...... 72161

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Federal Register Presidential Documents Vol. 69, No. 238

Monday, December 13, 2004

Title 3— Presidential Determination No. 2005–07 of November 29, 2004

The President Presidential Determination on Waiver of Conditions on Obli- gation and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia

Memorandum for the Secretary of State

Consistent with the authority vested in me by section 1303 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375) (the ‘‘Act’’), I hereby certify that waiving the conditions described in section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65), as amended, is important to the national security interests of the United States, and include herein, for submission to the Congress, the statement, justification, and plan described in section 1303 of the Act. This waiver shall apply through the remainder of calendar year 2004 and for all of calendar year 2005. You are authorized and directed to transmit this certification, including the statement, justification, and plan, to the Congress and to arrange for the publication of this certification in the Federal Register. W THE WHITE HOUSE, Washington, November 29, 2004.

[FR Doc. 04–27354 Filed 12–10–04; 8:45 am] Billing code 4710–10–P

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Rules and Regulations Federal Register Vol. 69, No. 238

Monday, December 13, 2004

This section of the FEDERAL REGISTER Issued in Kansas City, MO on December 1, Issued in Kansas City, MO on November contains regulatory documents having general 2004. 30, 2004. applicability and legal effect, most of which Anthony D. Roetzel, Anthony D. Roetzel, are keyed to and codified in the Code of Federal Regulations, which is published under Acting Area Director, Western Flight Services Acting Area Director, Western Flight Services 50 titles pursuant to 44 U.S.C. 1510. Operations. Operations. [FR Doc. 04–27226 Filed 12–10–04; 8:45 am] [FR Doc. 04–27225 Filed 12–10–04; 8:45 am] The Code of Federal Regulations is sold by BILLING CODE 4910–13–M BILLING CODE 4910–13–M the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration Federal Aviation Administration DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 14 CFR Part 71

14 CFR Part 71 [Docket No. FAA–2004–19330; Airspace [Docket No. FAA–2004–19331; Airspace Docket No. 04–ACE–59] Docket No. 04–ACE–60] [Docket No.FAA–2004–19332; Airspace Docket No. 04–ACE–61] Modification of Class E Airspace; Modification of Class E Airspace; Hastings, NE Harvard, NE Modification of Class E Airspace; Hartington, NE AGENCY: Federal Aviation AGENCY: Federal Aviation Administration (FAA), DOT. Administration (FAA), DOT. AGENCY: Federal Aviation Administration, DOT. ACTION: Direct final rule; confirmation of ACTION: Direct final rule; confirmation of effective date. effective date. ACTION: Direct final rule; confirmation of effective date. SUMMARY: This document confirms the SUMMARY: This document confirms the SUMMARY: This document confirms the effective date of the direct final rule effective date of the direct final rule effective date of the direct final rule which revises Class E airspace at which revises Class E airspace at which revises Class E airspace at Hastings, NE. Harvard, NE. Hartington, NE. EFFECTIVE DATE: 0901 UTC, January 20, EFFECTIVE DATE: 0901 UTC, January 20, EFFECTIVE DATE: 0901 UTC, January 20, 2005. 2005. 2005. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, Brenda Mumper, Air Traffic Division, Brenda Mumper, Air Traffic Division, Airspace Branch, ACE–520A, DOT Airspace Branch, ACE–520A, DOT Airspace Branch, ACE–520A, DOT Regional Headquarters Building, Federal Regional Headquarters Building, Federal Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Aviation Administration, 901 Locust, Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: Kansas City, MO 64106; telephone: Kansas City, MO 64106; telephone: (816) 329–2524. (816) 329–2524. (816) 329–2524. SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: The FAA published this direct final rule with a published this direct final rule with a published this direct final rule with a request for comments in the Federal request for comments in the Federal request for comments in the Federal Register on October 29, 2004 (69 FR Register on October 29, 2004 (69 FR Register on October 29, 2004 (69 FR 63057). The FAA uses the direct final 63061). The FAA uses the direct final 63059). The FAA uses the direct final rulemaking procedure for a non- rulemaking procedure for a non- rulemaking procedure for a non- controversial rule where the FAA controversial rule where the FAA controversial rule where the FAA believes that there will be no adverse believes that there will be no adverse believes that there will be no adverse public comment. This direct final rule public comment. This direct final rule public comment. This direct final rule advised the public that no adverse advised the public that no adverse advised the public that no adverse comments were anticipated, and that comments were anticipated, and that comments were anticipated, and that unless a written adverse comment, or a unless a written adverse comment, or a unless a written adverse comment, or a written notice of intent to submit such written notice of intent to submiss such written notice of intent to submit such an adverse comment, were received an adverse comment, were received an adverse comment, were received within the comment period, the within the comment period, the within the comment period, the regulation would become effective on regulation would become effective on regulation would become effective on January 20, 2005. No adverse comments January 20, 2005. No adverse comments January 20, 2005. No adverse comments were received, and thus this notice were received, and thus this notice were received, and thus this notice confirms that this direct final rule will confirms that this direct final rule will confirms that this direct final rule will become effective on that date. become effective on that date. become effective on that date.

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Issued in Kansas City, MO on November Issued in Kansas City, MO on November DEPARTMENT OF TRANSPORTATION 30, 2004. 30, 2004. Anthony D. Roetzel, Anthony D. Roetzel Federal Aviation Administration Acting Area Director, Western Flight Services Acting Area Director, Western Flight Services Operations. Operations. 14 CFR Part 71 [FR Doc. 04–27224 Filed 12–10–04; 8:45 am] [FR Doc. 04–27223 Filed 12–10–04; 8:45 am] BILLING CODE 4910–13–M BILLING CODE 4910–13–M [Docket No. FAA–2004–19329; Airspace Docket No. 04–ACE–58] DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Modification of Class E Airspace; Federal Aviation Administration Imperial, NE Federal Aviation Administration 14 CFR Part 71 AGENCY: Federal Aviation 14 CFR Part 17 Administration (FAA), DOT. [Docket No. FAA–2004–19327; Airspace Docket No. 04–ACE–56] ACTION: Direct final rule, confirmation of [Docket No. FAA–2004–19333; Airspace effective date. Docket No. 04–ACE–62] Modification of Class E Airspace; Scribner, NE SUMMARY: Modification of Class E Airspace; This document confirms the Warrensburg, MO AGENCY: Federal Aviation effective date of the direct final rule Administration (FAA), DOT. which revises Class E airspace at AGENCY: Federal Aviation ACTION: Direct final rule; confirmation of Imperial, NE. Administration (FAA), DOT. effective date. EFFECTIVE DATE: 0901 UTC, January 20, 2005. ACTION: Direct final rule; confirmation of SUMMARY: This document confirms the effective date. effective date of the direct final rule FOR FURTHER INFORMATION CONTACT: which revises Class E airspace at Brenda Mumper, Air Traffic Division, SUMMARY: This document confirms the Scribner, NE. Airspace Branch, ACE–520A, DOT effective date of the direct final rule EFFECTIVE DATES: 0901 UTC, January 20, Regional Headquarters Building, Federal which revises Class E airspace at 2005. Aviation Administration, 901 Locust, Warrensburg, MO. FOR FURTHER INFORMATION CONTACT: Kansas City, MO 64106; telephone: Brenda Mumper, Air Traffic Division, (816) 329–2524. EFFECTIVE DATE: 0901 UTC, January 20, Airspace Branch, ACE–520A, DOT 2005. Regional Headquarters Building, Federal SUPPLEMENTARY INFORMATION: The FAA published this direct final rule with a FOR FURTHER INFORMATION CONTACT: Aviation Administration, 901 Locust, Brenda Mumper, Air Traffic Division, Kansas City, MO 64106; telephone: request for comments in the Federal Airspace Branch, ACE–520A, DOT (816) 329–2524. Register on October 26, 2004 (69 FR Regional Headquarters Building, Federal SUPPLEMENTARY INFORMATION: The FAA 62402). The FAA uses the direct final Aviation Administration, 901 Locust, published this direct final rule with a rulemaking procedure for a non- Kansas City, MO 64106; telephone: request for comments in the Federal controversial rule where the FAA (816) 329–2524. Register on October 26, 2004 (69 FR believes that there will be no adverse 62401). The FAA uses the direct final public comment. This direct final rule SUPPLEMENTARY INFORMATION: The FAA rulemaking procedure for a non- advised the public that no adverse published this direct final rule with a controversial rule where the FAA comments were anticipated, and that request for comments in the Federal believes that there will be no adverse unless a written adverse comment, or a Register on October 29, 2004 (69 FR public comment. This direct final rule written notice of intent to submit such 63063) and subsequently published a advised the public that no adverse an adverse comment, were received correction to the direct final rule on comments were anticipated, and that within the comment period, the November 16, 2004 (69 FR 67052). The unless a written adverse comment, or a regulation would become effective on FAA uses the direct final rulemaking written notice of intent to submit such January 20, 2005. No adverse comments procedure for a non-controversial rule an adverse comment, were received were received, and thus this notice where the FAA believes that there will within the comment period, the confirms that this direct final rule will be no adverse public comment. This regulation would become effective on become effective on that date. direct final rule advised the public that January 20, 2005. No adverse comments no adverse comments were anticipated, were received, and thus this notice Issued in Kansas City, MO on November and that unless a written adverse confirms that this direct final rule will 30, 2004. comment, a written notice of intent to become effective on that date. Anthony D. Roetzel, submit such an adverse comment, were Issued in Kansas City, MO on November Acting Area Director, Western Flight Services received within the comment period, 30, 2004. Operations. the regulation would become effective Anthony D. Roetzel, [FR Doc. 04–27221 Filed 12–10–04; 8:45 am] on January 20, 2005. No adverse Acting Area Director, Western Flight Services BILLING CODE 4910–13–M comments were received, and thus this Operations. notice confirms that this direct final rule [FR Doc. 04–27222 Filed 12–10–04; 8:45 am] will become effective on that date. BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION written comments on the proposal to the Environmental Review FAA. The FAA received no comments The FAA has determined that this Federal Aviation Administration in response to the proposal. action qualifies for categorical exclusion under the National Environmental 14 CFR Part 73 The Rule Policy Act in accordance with At the request of the U.S. Army, the [Docket No. FAA–2004–17773; Airspace paragraphs 311(c) and 311(d) of FAA FAA is amending Title 14 Code of Docket No. 04–ASW–11] Federal Regulations (14 CFR) part 73 Order 1050.1E, Policies and Procedures RIN 2120–AA66 (part 73) to revise R–5103A, R–5103B, for Considering Environmental Impacts. and R–5103C, and to revoke R–5103D. This airspace action is not expected to Modification of Restricted Areas Specifically, R–5103A will be reduced cause any potentially significant 5103A, 5103B, and 5103C, and in size, in that, a portion of the area environmental impacts, and no Revocation of Restricted Area 5103D; currently designated as R–5103A and a extraordinary circumstances exist that McGregor, NM portion of the area currently designated warrant preparation of an environmental assessment. AGENCY: Federal Aviation as R–5103D will be combined and re- Administration (FAA), DOT. designated as a new R–5103B. The areas List of Subjects in 14 CFR Part 73 currently designed as R–5103B and R– ACTION: Final rule. Airspace, Navigation (air). 5103C will be combined and re- SUMMARY: This action revises Restricted designated as a new R–5103C and R– The Adoption of the Amendment 5103D will be revoked. The new R– Areas 5103A (R–5103A), 5103B (R– I In consideration of the foregoing, the 5103A, B, and C will occupy the same 5103B), and 5103C (R–5103C), and Federal Aviation Administration overall boundaries and altitudes as the revokes Restricted Area 5103D (R– amends 14 CFR part 73 as follows: 5103D) at McGregor, NM. The United current R–5103A, B, C, and D with the States Army (U.S. Army) requested that exception of a segment of the western PART 73—SPECIAL USE AIRSPACE the FAA reduce the size of R–5103A; boundary of R–5103C which will be I combine a portion of the area currently moved approximately one mile to the 1. The authority citation for part 73 designated as R–5103A and a portion of west. Also, the portion of the area continues to read as follows: the area currently designated as R– currently designated as R–5103D that Authority: 49 U.S.C. 106(g), 40103, 40113, 5103D, designating the combined area will not be combined into the new R– 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– as a new R–5103B; and combine the 5103B will be eliminated from the 1963 Comp., p. 389. areas currently designated as R–5103B restricted area airspace. The altitude structure for the new R–5103A will be § 73.51 (Amended) and R–5103C, and re-designate the I combined area as a new R–5103C. The from the surface to, but not including, 2. § 73.51 is amended as follows: new R–5103A, B, and C will essentially FL180, and the new R–5103B and R– * * * * * occupy the same overall boundaries and 5103C will be from the surface to altitudes as the current R–5103A, B, C, unlimited. These modifications will R–5103A McGregor, NM (Amended) and D; a segment of the western allow the U.S. Army to activate the By removing the current boundaries and boundary of R–5103C will move restricted areas in a manner that is more designated altitudes and substituting the consistent with the actual utilization of following: approximately one mile to the west; and Boundaries. Beginning at lat. 32°03′55″ N., a portion of the area currently the airspace. This action will not change the times of use, using agency, or long. 106°10′00″ W.; to lat. 32°03′30″ N., designated as R–5103D will be long. 105°53′50″ W.; to lat. 32°00′15″ N., eliminated. The altitude structure of the controlling agency of these restricted ° ′ ″ ° ′ ″ areas. long. 105 56 42 W.; to lat. 32 00 30 N., new R–5103A will be from the surface long. 106°10′27″ W.; to the point of Section 73.51 of part 73 of Federal to but not including flight level (FL) beginning. Aviations Regulations was republished 180, and R–5103B and R–5103C will be Designated altitudes. Surface to but not in FAA Order 7400.8L, Special Use from the surface to unlimited. These including FL 180. Airspace, dated October 7, 2003. * * * * * modifications will allow the U.S. Army The FAA has determined that this to activate the restricted areas in a proposed regulation only involves an R–5103B McGregor, NM (Amended) manner that is more consistent with the established body of technical By removing the current boundaries and actual utilization of the airspace. regulations for which frequent and designated altitudes and substituting the DATES: 0901 UTC, January 20, 2005. routine amendments are necessary to following: ° ′ ″ FOR FURTHER INFORMATION CONTACT: keep them operationally current. Boundaries. Beginning at lat. 32 15 00 N., long. 106°10′02″ W.; to lat. 32°15′00″ N., Steve Rohring, Airspace and Rules, Therefore, this proposed regulation: (1) ° ′ ″ ° ′ ″ Office of System Operations and Safety, long. 105 42 02 W.; to lat. 32 03 30 N., Is not a ‘‘significant regulatory action’’ long. 105°53′50″ W.; to lat. 32°03′55″ N., Federal Aviation Administration, 800 under Executive Order 12866; (2) is not long. 106°10′00″ W.; to lat. 32°05′02″ N., Independence Avenue, SW., a ‘‘significant rule’’ under DOT long. 106°09′22″ W.; to lat. 32°06′00″ N., Washington, DC 20591; telephone: (202) Regulatory Policies and Procedures (44 long. 106°15′32″ W.; to the point of 267–8783. FR 11034; February 26, 1979); and (3) beginning. SUPPLEMENTARY INFORMATION: does not warrant preparation of a Designated altitudes. Surface to unlimited. regulatory evaluation as the anticipated * * * * * Background impact is so minimal. Since this is a R–5103C McGregor, NM (Amended) On June 9, 2004, the FAA proposed to routine matter that will only affect air revise R–5103A, R–5103B, and R– traffic procedures and air navigation, it By removing the current boundaries and designated altitudes and substituting the 5103C, and to revoke R–5103D in is certified that this rule, when following: response to a request from the U.S. promulgated, will not have a significant Boundaries. Beginning at lat. 32°45′00″ N., Army (69 FR 32296). Interested parties economic impact on a substantial long. 105°53′02″ W.; to lat. 32°45′00″ N., were invited to participate in this number of small entities under the long. 105°52′22″ W.; to lat. 32°33′20″ N., rulemaking proceeding by submitting criteria of the Regulatory Flexibility Act. long. 105°30′02″ W.; to lat. 32°26′20″ N.,

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long. 105°30′02″ W.; to lat. 32°15′00″ N., Nevertheless, pursuant to the could compromise the national defense long. 105°42′02″ W.; to lat. 32°15′00″ N., requirements of the Regulatory or foreign policy. long. 106°10′02″ W.; to lat. 32°28′00″ N., (2) From subsection (c)(4) because this ° ′ ″ ° ′ ″ Flexibility Act, 5 U.S.C. 601–612, this long. 106 02 00 W.; to lat. 32 27 00 N., order will not have a significant subsection is inapplicable to the extent long. 106°00′02″ W.; to lat. 32°36′00″ N., long. 106°00′00″ W.; to lat. 32°45′00″ N., economic impact on a substantial that an exemption is being claimed for long. 105°59′02″ W.; to the point of number of small entities. subsection (d)(1), (2), (3), and (4). (3) From subsection (d)(1) because beginning, excluding that airspace within a 2 List of Subjects in 28 CFR Part 16 NM radius of lat. 32°39′00″ N., long. disclosure of records in the system 105°41′00″ W.; from the surface to 1,500’ Administrative Practices and could alert the subject of an actual or AGL and also excluding that airspace Procedures, Courts, Freedom of potential criminal, civil, or regulatory beginning at lat. 32°42′49″ N., long. Information, Sunshine Act and Privacy. violation of the existence of that 105°48′11″ W.; to lat. 32°41′00″ N., long. ° ′ ″ ° ′ ″ I Pursuant to the authority vested in the investigation, of the nature and scope of 105 50 00 W.; to lat. 32 40 00 N., long. the information and evidence obtained 105°48′00″ W.; to lat. 32°41′48″ N., long. Attorney General by 5 U.S.C. 552a and 105°46′12″ W.; to the point of beginning from delegated to me by Attorney General as to his activities, of the identity of the surface to 1,500″ above the surface. Order No. 793–78, amend 28 CFR part 16 confidential witnesses and informants, Designated altitudes. Surface to unlimited. as follows: of the investigative interest of Organized * * * * * Crime Drug Enforcement Task Force PART 16—[AMENDED] Fusion Center and other intelligence or R–5103D McGregor, NM (Revoked) law enforcement agencies (including I 1. The authority citation for Part 16 * * * * * those responsible for civil proceedings continues to read as follows: related to laws against drug trafficking Issued in Washington, DC, December 2, Authority: 5 U.S.C. 301, 552, 552a, 552b(g), or related financial crimes); lead to the 2004. and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, destruction of evidence, improper Reginald C. Matthews, 510, 534; 31 U.S.C. 3717 and 9701. influencing of witnesses, fabrication of Manager, Airspace and Rules. I 2. Section 16.91 is amended by adding testimony, and/or flight of the subject; [FR Doc. 04–27220 Filed 12–10–04; 8:45 am] paragraphs (u) and (v) as follows: reveal the details of a sensitive BILLING CODE 4910–13–P investigative or intelligence technique, § 16.91 Exemption of Criminal Division or the identity of a confidential source; Systems—limited access, as indicated. or otherwise impede, compromise, or DEPARTMENT OF JUSTICE * * * * * interfere with investigative efforts and (u) The following system of records is other related law enforcement and/or 28 CFR Part 16 exempted pursuant to the provisions of intelligence activities. In addition, 5 U.S.C. 552a(j) and/or (k) from [AAG/A Order No. 018–2004] disclosure could invade the privacy of subsections (c)(3) and (4); (d)(1), (2), (3), third parties and/or endanger the life, Privacy Act of 1974; Implementation and (4); (e)(1), (2), (3), (5), and (8); and health, and physical safety of law (g) of 5 U.S.C. 552a: Organized Crime enforcement personnel, confidential AGENCY: Criminal Division, Department Drug Enforcement Task Force Fusion informants, witnesses, and potential of Justice. Center System (JUSTICE/CRM–028). crime victims. Access to records could ACTION: Final rule. These exemptions apply only to the also result in the release of information extent that information in this system is properly classified pursuant to SUMMARY: The Criminal Division (CRM), subject to exemption pursuant to 5 Executive Order 12958 (or successor or Department of Justice (the Department), U.S.C. 552a(j) and/or (k). prior Executive Order) or by statute, is exempting the Privacy Act system of (v) Exemptions from the particular thereby compromising the national records entitled ‘‘Organized Crime Drug subsections are justified for the defense or foreign policy. Enforcement Task Force Fusion Center following reasons: (4) From subsection (d)(2) because System,’’ JUSTICE/CRM–028, from the (1) From subsection (c)(3) because to amendment of the records thought to be subsections of the Privacy Act listed provide the subject with an accounting incorrect, irrelevant, or untimely would below, for the reasons set forth in the of disclosures of records in this system also interfere with ongoing following text. The system of records could inform that individual of the investigations, criminal or civil law was published in the Federal Register existence, nature, or scope of an actual enforcement proceedings, and other law on October 18, 2004 (69 FR 61403). or potential law enforcement or enforcement activities and impose an DATES: Effective Date: This final rule is counterintelligence investigation by the impossible administrative burden by effective December 13, 2004. Organized Crime Drug Enforcement requiring investigations, analyses, and FOR FURTHER INFORMATION CONTACT: Task Force Fusion Center or the reports to be continuously Mary Cahill, (202) 307–1823. recipient agency, and could permit that reinvestigated and revised. SUPPLEMENTARY INFORMATION: The individual to take measures to avoid (5) From subsections (d)(3) and (4) Department is exempting ‘‘Organized detection or apprehension, to learn the because these subsections are Crime Drug Enforcement Task Force identity of witnesses and informants, or inapplicable to the extent exemption is Fusion Center System,’’ JUSTICE/CRM– to destroy evidence, and would claimed from (d)(1) and (2). 028, from 5 U.S.C. 552a(c)(3) and (4); therefore present a serious impediment (6) From subsection (e)(1) because, in (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), to law enforcement or the course of its acquisition, collation, and (8); and (g), pursuant to the counterintelligence efforts. In addition, and analysis of information under the provisions of 5 U.S.C. 552a(j) and/or (k). disclosure of the accounting would statutory authority granted to it, the On October 18, 2004 (69 FR 61323), amount to notice to the individual of the Organized Crime Drug Enforcement a proposed rule was published in the existence of a record. Moreover, release Task Force Fusion Center will Federal Register with an invitation to of an accounting may reveal information occasionally obtain information comment. No comments were received. that is properly classified pursuant to concerning actual or potential violations This order relates to individuals Executive Order 12958 (or successor or of law that are not strictly within its rather than small business entities. prior Executive Order) or a statute and statutory or other authority or may

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compile information in the course of an brings new details to light and the Fairfax County, Virginia; namely, the investigation which may not be relevant accuracy of such information can often Central Intelligence Agency (CIA), and to a specific prosecution. It is only be determined in a court of law. the National Reconnaissance Office impossible to determine in advance The restrictions imposed by subsection (NRO). EPA is approving these revisions what information collected during an (e)(5) would restrict the ability of to establish and impose RACT investigation will be important or trained investigators, intelligence requirements in accordance with the crucial to the apprehension of fugitives. analysts, and government attorneys to Clean Air Act (CAA). In the interests of effective law exercise their judgment in collating and DATES: Effective Date: This final rule is enforcement, it is necessary to retain analyzing information and would effective on January 12, 2005. such information in this system of impede the development of criminal or ADDRESSES: Copies of the documents records because it can aid in other intelligence necessary for effective relevant to this action are available for establishing patterns of criminal activity law enforcement. public inspection during normal and can provide valuable leads for (10) From subsection (e)(8) because business hours at the Air Protection federal and other law enforcement the individual notice requirements of Division, U.S. Environmental Protection agencies. This consideration applies subsection (e)(8) could present a serious Agency, Region III, 1650 Arch Street, equally to information acquired from, or impediment to law enforcement by Philadelphia, Pennsylvania 19103; and collated or analyzed for, both law revealing investigative techniques, the Virginia Department of enforcement agencies and agencies of procedures, evidence, or interest and Environmental Quality, 629 East Main the U.S. foreign intelligence community interfering with the ability to issue Street, Richmond, Virginia 23219. and military community. warrants or subpoenas, and could give FOR FURTHER INFORMATION CONTACT: Rose (7) From subsection (e)(2) because in persons sufficient warning to evade a criminal, civil, or regulatory Quinto, (215) 814–2182, or by e-mail at investigative efforts. [email protected]. investigation, prosecution, or (11) From subsection (g) because this SUPPLEMENTARY INFORMATION: proceeding, the requirement that subsection is inapplicable to the extent information be collected to the greatest that the system is exempt from other I. Background extent practicable from the subject specific subsections of the Privacy Act. On April 19 and 21, 2004, the Virginia individual would present a serious (12) In addition, exemption is claimed impediment to law enforcement because Department of Quality (DEQ) submitted for this system of records from formal SIP revisions to establish RACT the subject of the investigation, compliance with the following prosecution, or proceeding would be for two individual sources of NOX provisions of 5 U.S.C. 552a pursuant to located in Fairfax County, Virginia. The placed on notice as to the existence and the provisions of 5 U.S.C. 552a(k): nature of the investigation, prosecution, Virginia DEQ determined and imposed subsections (c)(3), (d), (e)(1), to the RACT under the Commonwealth’s SIP- and proceeding and would therefore be extent that the records contained in this approved generic NOX RACT able to avoid detection or apprehension, system are specifically authorized to be to influence witnesses improperly, to regulations, 9 VAC 5–40–310 and 9 VAC kept secret in the interests of national 5–40–311. Generic RACT regulations are destroy evidence, or to fabricate defense and foreign policy. testimony. Moreover, thorough and regulations that do not, themselves, effective investigation and prosecution Dated: December 6, 2004. specifically define RACT for a source or may require seeking information from a Paul R. Corts, source category but instead establish number of different sources. Assistant Attorney General for procedures for imposing case-by-case (8) From subsection (e)(3) (to the Administration. RACT determinations. The extent applicable) because the [FR Doc. 04–27237 Filed 12–10–04; 8:45 am] Commonwealth’s SIP-approved generic requirement that individuals supplying BILLING CODE 4410–14–P NOX RACT regulations consist of the information be provided a form stating procedures DEQ uses to establish and the requirements of subsection (e)(3) impose RACT for subject sources of would constitute a serious impediment ENVIRONMENTAL PROTECTION NOX. Pursuant to the SIP-approved to law enforcement in that it could AGENCY generic RACT rules, DEQ imposes compromise the existence of a RACT on each subject source in an confidential investigation or reveal the 40 CFR Part 52 enforceable document, usually a permit identity of witnesses or confidential or order. The Commonwealth then [VA155–5081; FRL–7847–4] informants and endanger their lives, submits these permits or orders to EPA health, and physical safety. The Approval and Promulgation of Air for approval as source-specific SIP individual could seriously interfere Quality Implementation Plans; Virginia revisions. EPA approved Virginia’s with undercover investigative generic NOX RACT regulations on April NOX RACT Determinations for Two techniques and could take appropriate Individual Sources 28, 1999 (64 FR 22792). steps to evade the investigation or flee On September 9, 2004 (69 FR 54574), a specific area. AGENCY: Environmental Protection EPA published a direct final rule (DFR) (9) From subsection (e)(5) because the Agency (EPA). approving as SIP revisions DEQ-issued acquisition, collation, and analysis of ACTION: Final rule. operating permits which establish and information for law enforcement require RACT for the CIA (Operating purposes from various agencies does not SUMMARY: EPA is approving a State Permit Registration No. 71757), and the permit a determination in advance or a Implementation Plan (SIP) revisions NRO (Operating Permit Registration No. prediction of what information will be submitted by the Commonwealth of 71988). A detailed description of the matched with other information and Virginia (Virginia or the RACT determinations and EPA’s thus whether it is accurate, relevant, Commonwealth). The revisions consist rationale for approving them were timely and complete. With the passage of reasonably available control provided in the September 9, 2004 DFR of time, seemingly irrelevant or technology (RACT) determinations for and will not be restated herein. In untimely information may acquire new the control of nitrogen oxides (NOX) accordance with direct final rulemaking significance as further investigation from two individual sources located in procedures, on September 9, 2004 (69

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FR 54600), EPA also published a Stationary Sources of NOX), EPA, comment that cost savings could accrue companion notice of proposed thereby, approved the definitions, to the use of fuels less costly than rulemaking on these SIP revisions provisions and procedures contained natural gas. Finally, the commenter did inviting interested parties to comment within those regulations under which not submit any justification or analysis on the DFR. On October 12, 2004, EPA the Commonwealth would require and to suggest that the RACT limits imposed received adverse comment on its impose RACT. In accordance with 9 by the Commonwealth are inconsistent proposed approval. On November 4, VAC 5–40–310, subject facilities are with the its SIP-approved generic RACT 2004 (69 FR 64259), due to receipt of the required to submit a RACT plan regulations, the CAA or EPA guidance. adverse comment, EPA published a proposal to the DEQ. The DEQ then Because the commenter has submitted withdrawal of the DFR. A summary of evaluates that RACT plan and no new information that would cause us the comment received and EPA’s determines and imposes RACT. The to reconsider our analysis that response to the comment are provided DEQ submits each RACT determination accompanied the proposed rule, we in section II of this document. to EPA for approval as a SIP revision. continue to believe that analysis II. Public Comment and EPA Responses Pursuant to CAA requirements for SIP supports our approval of the NOX RACT revisions, the DEQ conducts a public determinations imposed by the Virginia Comment: The commenter, Clean comment period and public hearing on DEQ for the CIA’s and NRO’s facilities Fuels Technology, Inc., submitted a its proposed SIP revision prior to located in Fairfax County, Virginia. spreadsheet with source testing data submittal of the revisions to EPA. EPA III. Final Action indicating that Alternative Diesel Oil reviews the case-by-case RACT plan Emulsion fuels can produce NOX approvals and/or permits submitted as EPA is approving the Virginia DEQ’s emission limits lower than those individual SIP revisions by the NOX RACT requirements for the two imposed by the DEQ for the CIA in Commonwealth to verify and determine individual sources located in Fairfax Operating Permit Registration No. if they are consistent with the RACT County, Virginia, namely, the Central 71757, and the NRO in Operating Permit requirements of the CAA and any Intelligence Agency, and the National Registration No. 71988. The commenter relevant EPA guidance. Then EPA Reconnaissance Office. EPA is states that the power levels of the test reviews the technical and economic approving these SIP revisions because units are very similar to the units analyses conducted by the source and DEQ established and imposed these located at the CIA and NRO facilities in the state. If EPA believes additional RACT requirements in accordance with Fairfax County, Virginia. The information may further support or the criteria set forth in the SIP-approved commenter suggests in light of the would undercut the RACT analyses RACT regulations applicable to these information in the spreadsheet and the submitted by the state, then we may add sources. The DEQ has also imposed cost savings that could accrue to the use additional EPA-generated analyses to record keeping, monitoring, and testing of fuels less costly than natural gas, that the record of our rule to approve or requirements on the two individual Alternative Diesel Oil Emulsion fuels be disapprove the SIP revision. EPA’s sources sufficient to determine considered an applicable RACT for the review of the Commonwealth of compliance with the applicable RACT control of NO emissions at the cited X Virginia’s submission of its RACT determinations. sources. Response: EPA disagrees with the determination for the two individual IV. Statutory and Executive Order commenter. The CAA requires that a sources imposed in DEQ operating Reviews state determine and impose RACT for permits indicate that the requirements of its SIP-approved NOX RACT A. General Requirements existing major sources of NOX and VOCs located in ozone nonattainment areas regulations 9 VAC 5–40–310 and 9 VAC Under Executive Order 12866 (58 FR and the Ozone Transport Region. Those 5–40–311 have been met. 51735, October 4, 1993), this action is RACT requirements are then to be While the commenter provides a not a ‘‘significant regulatory action’’ and submitted to EPA for approval into the spreadsheet of testing data from source therefore is not subject to review by the SIP. EPA can only take action on a SIP testing performed at other units which Office of Management and Budget. For revision as submitted by a state, and indicates lower emission rates at those this reason, this action is also not cannot, through its rulemaking action test units, and asserts that the test units’ subject to Executive Order 13211, on a SIP revision, alter the state’s power levels are similar to the CIA’s and ‘‘Actions Concerning Regulations That submission to make its requirements NRO’s Virginia-based units, the Significantly Affect Energy Supply, more (or less) stringent. Therefore, even commenter did not submit any Distribution, or Use’’ (66 FR 28355, May if EPA agreed that the commenter additional technical information 22, 2001). This action merely approves submitted convincing evidence that the regarding the comparability of the test State law as meeting Federal SIP revision submitted by Virginia are units to the CIA’s and NRO’s units (e.g., requirements and imposes no additional not RACT for these facilities, EPA could age, specific design, required operating requirements beyond those imposed by not modify the SIP revision as requested schedules, comparison of emissions State law. Accordingly, the by the commenter, but instead could rates between the test units and the Administrator certifies that this rule only disapprove the SIP revision Virginia-based units when the later are will not have a significant economic submitted by the Commonwealth. burning natural gas versus diesel oil) to impact on a substantial number of small With regard to the criteria EPA uses support its suggestion that Diesel Oil entities under the Regulatory Flexibility to determine whether to approve or Emulsion fuels be considered RACT for Act (5 U.S.C. 601 et seq.). Because this disapprove RACT SIP revisions the specific units located at the CIA’s rule approves pre-existing requirements submitted by the Virginia DEQ pursuant and NRO’s Fairfax County, Virginia under State law and does not impose to 9 VAC 5–40–310 and 9 VAC 5–40– facilities. Nor did the commenter any additional enforceable duty beyond 311 we look to the requirements of the provide any information as to the that required by State law, it does not CAA and relevant EPA guidance. availability and supply of Diesel Oil contain any unfunded mandate or In approving Virginia’s NOX RACT Emulsion fuels to these facilities. The significantly or uniquely affect small regulations, 9 VAC 5–40–310 and 9 VAC commenter provided no data or governments, as described in the 5–40–311 (RACT Guidelines for information of any kind to support the Unfunded Mandates Reform Act of 1995

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(Public Law 104–4). This rule also does satisfies the provisions of the Clean Air this final rule does not affect the finality not have tribal implications because it Act. Thus, the requirements of section of this rule for the purposes of judicial will not have a substantial direct effect 12(d) of the National Technology review nor does it extend the time on one or more Indian tribes, on the Transfer and Advancement Act of 1995 within which a petition for judicial relationship between the Federal (15 U.S.C. 272 note) do not apply. This review may be filed, and shall not Government and Indian tribes, or on the rule does not impose an information postpone the effectiveness of such rule distribution of power and collection burden under the provisions or action. This action pertaining to the responsibilities between the Federal of the Paperwork Reduction Act of 1995 Virginia NOX RACT Determinations for Government and Indian tribes, as (44 U.S.C. 3501 et seq.). the Central Intelligence Agency and the specified by Executive Order 13175 (65 B. Submission to Congress and the National Reconnaissance Office, may FR 67249, November 9, 2000). This Comptroller General not be challenged later in proceedings to action also does not have federalism enforce its requirements. (See section implications because it does not have The Congressional Review Act, 5 307(b)(2).) U.S.C. 801 et seq., as added by the Small substantial direct effects on the States, List of Subjects in 40 CFR Part 52 on the relationship between the Business Regulatory Enforcement National Government and the States, or Fairness Act of 1996, generally provides Environmental protection, Air on the distribution of power and that before a rule may take effect, the pollution control, Incorporation by agency promulgating the rule must responsibilities among the various reference, Nitrogen dioxide, Ozone, submit a rule report, which includes a levels of government, as specified in Reporting and recordkeeping copy of the rule, to each House of the Executive Order 13132 (64 FR 43255, requirements. Congress and to the Comptroller General August 10, 1999). This action merely of the United States. Section 804 Dated: December 6, 2004. approves a state rule implementing a exempts from section 801 the following Donald S. Welsh, Federal standard, and does not alter the types of rules: (1) Rules of particular Regional Administrator, Region III. relationship or the distribution of power applicability; (2) rules relating to agency I 40 CFR part 52 is amended as follows: and responsibilities established in the management or personnel; and (3) rules Clean Air Act. This rule also is not of agency organization, procedure, or PART 52—[AMENDED] subject to Executive Order 13045 practice that do not substantially affect ‘‘Protection of Children from the rights or obligations of non-agency I 1. The authority citation for part 52 Environmental Health Risks and Safety parties. 5 U.S.C. 804(3). EPA is not continues to read as follows: Risks’’ (62 FR 19885, April 23, 1997), required to submit a rule report Authority: 42 U.S.C. 7401 et seq. because it is not economically regarding today’s action under section significant. In reviewing SIP 801 because this is a rule of particular Subpart VV—Virginia submissions, EPA’s role is to approve applicability establishing source- state choices, provided that they meet specific requirements for two individual I 2. In § 52.2420, the table in paragraph the criteria of the Clean Air Act. In this sources. (d) is amended by adding entries for context, in the absence of a prior Central Intelligence Agency (CIA), existing requirement for the State to use C. Petitions for Judicial Review George Bush Center for Intelligence and voluntary consensus standards (VCS), Under section 307(b)(1) of the Clean National Reconnaissance Office, Boeing EPA has no authority to disapprove a Air Act, petitions for judicial review of Service Center at the end of the table to SIP submission for failure to use VCS. this action must be filed in the United read as follows: It would thus be inconsistent with States Court of Appeals for the applicable law for EPA, when it reviews appropriate circuit by February 11, § 52.2420 Identification of plan. a SIP submission, to use VCS in place 2005. Filing a petition for * * * * * of a SIP submission that otherwise reconsideration by the Administrator of (d) * * *

EPA—APPROVED SOURCE SPECIFIC REQUIREMENTS

Permit/order or registration State effective 40 CFR part Source name number date EPA approval date 52 citation

******* Central Intelligence Agency (CIA), Registration No. 71757 ...... 04/16/04 12/13/04 [Insert page number where 52.2420(d)(6) George Bush Center for Intelligence. the document begins]. National Reconnaissance Office, Boe- Registration No. 71988 ...... 04/16/04 12/13/04 [Insert page number where 52.2420(d)(6) ing Service Center. the document begins].

[FR Doc. 04–27260 Filed 12–10–04; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION (NAAQS) and when SIP submissions York Codes, Rules and Regulations AGENCY must be made to EPA by the states. The (NYCRR), part 205, ‘‘Architectural and specific requirements vary depending Industrial Maintenance (AIM) 40 CFR Part 52 upon the severity of the ozone problem. Coatings.’’ It was supplemented on [Region 2 Docket No. NY70–279, FRL–7845– The New York–Northern New Jersey– November 21, 2003. The revisions to 8] Long Island area is classified as a severe part 205 (also referred to as the New 1-hour ozone nonattainment area. Under York AIM coatings rule) will provide Approval and Promulgation of section 182, severe ozone nonattainment volatile organic compound (VOC) Implementation Plans; New York State areas were required to submit emission reductions to address, in part, Implementation Plan Revision; 1-Hour demonstrations of how they would the shortfall identified by EPA. New Ozone Control Program attain the 1-hour standard. On York used the OTC model rule as a December 16, 1999 (64 FR 70364), EPA guideline to develop part 205. AGENCY: Environmental Protection proposed approval of New York’s 1- On January 13, 2004, EPA determined Agency (EPA). hour ozone attainment demonstration that the SIP revision submitted by New ACTION: Final rule. SIP for the New York–Northern New York containing revisions to part 205 Jersey–Long Island nonattainment area. was administratively complete pursuant SUMMARY: The Environmental Protection In that rulemaking, EPA identified an to the criteria found in title 40, part 51, Agency (EPA) is approving a revision to emission reduction shortfall associated appendix V of the Code of Federal the New York State Implementation with New York’s 1-hour ozone Regulations. On January 16, 2004 (69 FR Plan (SIP) for ozone concerning the attainment demonstration SIP, and 2557), EPA proposed approval of part control of volatile organic compounds. required New York to address the 205. For a detailed discussion on the The SIP revision consists of shortfall. In a related matter, the Ozone content and requirements of the amendments to title 6 of the New York Transport Commission (OTC) developed revisions to New York’s part 205, the Codes, Rules and Regulations, part 205, six model rules which identified control reader is referred to EPA’s proposed ‘‘Architectural and Industrial measures for a number of source rulemaking action. Maintenance Coatings.’’ This SIP categories and estimated emission revision consists of a control measure III. What Comments Did EPA Receive reduction benefits from implementing in Response to Its Proposal? needed to meet the shortfall emissions these model rules. These model rules reduction identified by EPA in New were designed for use by states in In response to EPA’s January 16, 2004 York’s 1-hour ozone attainment developing their own regulations to proposed rulemaking action, EPA demonstration SIP. The intended effect achieve additional emission reductions received comments from two interested of this action is to approve a control to close emission shortfalls. parties; (1) Richard M. Cogen, Nixon strategy required by New York’s SIP On February 4, 2002 (67 FR 5170), Peabody LLP, on behalf of the Sherwin- which will result in emission reductions EPA approved New York’s 1-hour ozone Williams Company, and (2) James Sell, that will help achieve attainment of the attainment demonstration SIP. This on behalf of the National Paint and national ambient air quality standard for approval included an enforceable Coating Association. A summary of the ozone. commitment submitted by New York to comments received and EPA’s responses EFFECTIVE DATE: This rule will be adopt additional control measures to are as follows: effective January 12, 2005. close the shortfall identified by EPA for A. Comment: The New York AIM ADDRESSES: A copy of the New York’s attainment of the 1-hour ozone Coatings Rule Is Based on Flawed Data submittal is available at the following standard. A commenter asserts that the New addresses for inspection during normal EPA is aware that concerns have been York AIM coatings rule is based on business hours: raised about the achievability of VOC flawed data and that the use of this data Environmental Protection Agency, content limits of some of the product categories. Although we are approving violates the Data Quality Objectives Act Region 2 Office, Air Programs Branch, this rule today, the Agency is concerned (‘‘DQOA’’) (section 515(a) of the 290 Broadway, 25th Floor, New York, that if the rule limits make it impossible Treasury and General Government New York 10007–1866. for manufacturers to produce coatings Appropriations Act for Fiscal Year 2001 New York State Department of (Public Law 106–554; H.R. 5658)). The Environmental Conservation, Division that are desirable to consumers, there is a possibility that users may misuse the data at issue is contained in what the of Air Resources, 625 Broadway, commenter has characterized as ‘‘a Albany, New York 12233. products by adding additional solvent, thereby circumventing the rule’s study prepared by E.H. Pechan and FOR FURTHER INFORMATION CONTACT: Kirk intended VOC emission reductions. We Associates’’ (‘‘Pechan Study’’) in 2001. J. Wieber, Air Programs Branch, intend to work with the states and The alleged flaws relate to emissions Environmental Protection Agency, 290 manufacturers to explore ways to ensure reductions calculated in the Pechan Broadway, 25th Floor, New York, New that the rules achieve the intended VOC Study; certain of the underlying data York 10007–1866, (212) 637–3381 or emission reductions, and we intend to and data analyses are allegedly [email protected]. address this issue in evaluating the ‘‘unreproduceable.’’ Further, the SUPPLEMENTARY INFORMATION: amount of VOC emission reduction commenter asserts that if better data credit attributable to the rules. were used, the OTC model AIM coatings I. What Is Required by the Clean Air rule would achieve greater VOC Act and How Does It Apply to New II. What Was Included in New York’s emissions reductions, relative to the York? Submittal? Federal AIM coatings rule, than was Section 182 of the Clean Air Act (the On November 4, 2003 Carl Johnson, calculated in the Pechan Study (51 Act) specifies the mandatory State Deputy Commissioner, New York State percent reduction versus 31 percent Implementation Plan (SIP) submittal Department of Environmental reduction), even if certain source requirements for areas classified as Conservation (NYSDEC), submitted to categories were omitted from regulation nonattainment for the 1-hour ozone EPA a revision to the SIP which under the OTC rule. For these reasons, national ambient air quality standards included revisions to title 6 of the New the commenter states that EPA must not

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approve the New York AIM coatings this SIP revision.2 The only relevant coatings rule is as stringent or more rule as a revision to the SIP.1 inquiry at this time is whether this SIP stringent than the Federal AIM coatings Response: EPA disagrees with this revision meets the minimum criteria for rule. Further, EPA has received no comment. The Pechan Study is not at approval under the Act, including the comments that the New York AIM issue in this rulemaking. The Pechan requirement that the State AIM coatings coatings rule is less stringent than the Study was not submitted to EPA by the rule be at least as stringent as the Federal rule. Federal AIM coatings rule set forth at 40 State in support of its AIM coatings rule. B. Comment: Approval of the New York CFR 59.400. Further, even if the Pechan Study had AIM Coatings Rule as a SIP Revision been submitted by the State, the validity As set forth above, EPA has concluded that the New York AIM Violates Sections 110(a)(2)(A) and of that data would not be at issue 110(a)(2)(E) of the Clean Air Act because, at this time, New York is not coatings rule meets the criteria for asking for approval of any quantified approvability. It is worth noting that With respect to sections 110(a)(2)(A) amount of VOC emission reduction from EPA agrees with the commenter’s and 110(a)(2)(E) of the Act, the the enactment of its regulation. Rather, conclusion that the New York AIM commenter asserts that New York this regulation has been submitted by coatings rule is more stringent than the cannot give the assurances required by the State, and is being considered by Federal AIM coatings rule, though not these provisions of the Act since each EPA, on the basis that it strengthens the for the reasons given by the commenter provision requires that a state be able to existing New York SIP. The commenter (i.e., that its ‘‘better’’ data demonstrates assure that a SIP revision meets applicable requirements of the Act, and does not dispute that the New York AIM that OTC model AIM coatings rule that no ‘‘Federal or State law’’ prohibits coatings rule will, in fact, reduce VOC achieves a 51 percent, as opposed to the the state from ‘‘carrying out such emissions. Pechan Study’s 31 percent reduction in VOC emissions beyond that required by implementation plan or portion Section 110 of the Act provides the the Federal AIM coatings rule). Rather, thereof.’’ Such assurance cannot be statutory framework for approval/ the New York AIM coatings rule is, on given, the commenter alleges, the New disapproval of SIP revisions. Under the its face, more stringent. The preamble of York AIM coatings rule violates the Act, EPA establishes NAAQS for certain the New York AIM coatings rule states: DQOA, sections 183(e)(9), and 184(c) of pollutants. The Act establishes a joint ‘‘The revisions set specific VOC limits the Act, the New York State Federal and state program to control air (in grams per liter) for 52 coating Environmental Quality Review Act, the pollution and to protect public health. categories and require compliance with New York State Administrative States are required to prepare SIPs, for those limits by January 1, 2005. These Procedures Act and the New York each designated ‘‘air quality control new limits are more stringent than the Environmental Conservation Law. region’’ within their borders. The SIP Federal AIM coatings rule for 40 Response: For the reasons set forth in must specify emission limitations and categories and more stringent than the responses to comments A, C, D, E and other measures necessary for that area to current State rule for 31 categories (page F, EPA disagrees that the New York AIM meet and maintain the required 4, New York State Register, Rule Making coatings rule violates the DQOA, the NAAQS. Each SIP must be submitted to Activities, November 12, 2003).’’ Act, the New York State Environmental EPA for its review and approval. EPA Examples of where New York’s AIM Quality Review Act, the New York State will review and must approve the SIP coatings rule is facially more stringent Administrative Procedures Act, and the revision if it is found to meet the than the Federal AIM coatings rule New York Environmental Conservation minimum requirements of section 110 include, but are not limited to, the VOC Law. Therefore, nothing prevents New of the Act. See also Union Electric Co. content limit for non-flat high gloss York from giving the assurances under v. EPA, 427 U.S. 246, 265, 96 S.Ct. 2518, coatings and antifouling coatings. The sections 110(a)(2)(A) and (a)(2)(E) of the 49 L.Ed.2d 474 (1976). The Act Federal AIM coatings rule VOC content Act. expressly provides that the states may limit for non-flat high gloss coatings is adopt more stringent air pollution C. Comment: The New York AIM 380 grams/liter while the New York control measures than the Act requires Coatings Rule Was Adopted in Violation AIM coatings rule’s limit is 250 grams/ with or without EPA approval. See of Section 183(e)(9) of the Clean Air Act liter, and the Federal AIM coatings section 116 of the Act. EPA only has the A commenter states that in 1998, after rule’s VOC content limit for anti-fouling authority to disapprove specific SIP a seven-year rule development process, coatings is 450 grams/liter while the revisions that are less stringent than a EPA promulgated its nationwide New York AIM coatings rule is 400 standard or limitation provided by regulations for AIM coatings pursuant to grams/liter. An example of where the Federal law (Section 110(k) of the Act). section 183(e) of the Act. The New York AIM coatings rule is as See also Duquesne Light v. EPA, 166 commenter notes that New York’s AIM stringent, but not more stringent, than F.3d 609 (3d Cir. 1999). coatings rule imposes numerous VOC the Federal AIM coatings rule is the emission limits that will be more The Pechan Study is not part of New VOC content limit for antenna coatings stringent than the corresponding limits York’s submission in support of its AIM and low-solids coatings. In both the in EPA’s regulation. The commenter coatings rule. Because New York at this State and Federal rules, the VOC asserts that section 183(e)(9) requires time is not claiming a specific amount content limits for these categories is 530 that any state which proposes of emissions reductions, the level of grams/liter and 120 grams/liter, regulations to establish emission emissions reductions rightly or wrongly respectively. Thus, on a category by standards other than the Federal calculated by the Pechan Study, is category basis, the New York AIM irrelevant to whether EPA can approve standards for products regulated under 2 After submission of a request for approval of a Federal rules shall first consult with the 1 This commenter has submitted a ‘‘Request for quantified amount of emissions reductions credit EPA Administrator. The commenter Correction of Information’’ (RFC), dated June 2, due to the AIM coatings rule, EPA will evaluate the believes that New York failed to engage 2004, to EPA’s Information Quality Guidelines credit attributable to the rule. Whatever in that required consultation, and Office in Washington, DC. EPA is evaluating and methodology and data the State uses in such a will respond separately to the RFC, which raises request, the issue of proper credit will become ripe therefore, (1) New York violated section substantively similar issues to those raised by this for public comment and any comments received 183(e)(9) in its adoption of the New comment. will be responded to at that time. York AIM coatings rule, and (2) EPA

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approval of this rule would violate, and States, reviewing technical information, to bring any area in such region into be prohibited by sections 110(a)(2)(A) consulting with other states and Federal attainment by the dates provided by this and (a)(2)(E) of the Act. agencies, consulting with stakeholders, subpart.’’ It is important to note that the Response: EPA disagrees with this and presenting draft model rules in a OTC model AIM coatings rule was not comment. Contrary to the implication of special OTC meeting, OTC developed developed pursuant to section 184(c)(1), the commenter, section 183(e)(9) does model rules for the following source which provision is only triggered ‘‘Upon not require states to seek EPA’s categories * * * architectural and petition of any State within a transport permission to regulate consumer industrial maintenance coatings * * *’’ region established for ozone * * *’’ No products. By its explicit terms, the (a copy of the signed March 28, 2001 such petition preceded the development statute contemplates consultation with MOU has been placed in the of the model AIM coatings rule. Nor, for EPA only with respect to ‘‘whether any administrative record of this final that matter, was development of a rule other state or local subdivision has rulemaking). upon State petition under section promulgated or is promulgating Moreover, NYSDEC provided EPA 184(c)(1) meant to be the exclusive regulations on any products covered Region 2 the opportunity to review and mechanism for development of model under [section 183(e)].’’ The commenter comment on the New York AIM rules within the OTC. Nothing in erroneously construes this as a coatings rule in its draft and proposed section 184 prevents the voluntary requirement for permission rather than versions. Given all of the above, there is development of model rules without the informational consultation. Further, the no validity to the commenter’s assertion prerequisite of a state petition. This final Federal architectural coatings that New York failed to consult with provision of the Act was not intended regulations at 40 CFR 59.410, explicitly EPA in the adoption of its AIM coatings to prevent OTC’s development of model provides that states and their political rule. EPA was fully cognizant of the rules which states may individually subdivisions retain authority to adopt requirements of the New York AIM choose to adapt and adopt on their own, and enforce their own additional coatings rule before its formal adoption as New York did, basing its AIM regulations affecting these products. See by the State.3 For all of the above coatings rule on the model developed also 63 FR 48848, 48884. In addition, as mentioned reasons, EPA disagrees that within the context of the OTC. In stated in the preamble to the final rule New York violated section 183(e)(9) in developing its State rule from the OTC for architectural coatings, Congress did its adoption of its AIM coatings rule, model, New York was free to adapt that not intend section 183(e) of the Act to and disagrees that approval of the New rule as it saw fit (or to leave the OTC preempt any existing or future state York AIM coatings rule by EPA is in model rule essentially unchanged), so rules governing VOC emissions from violation of or prohibited by sections long as its rule remained at least as consumer and commercial products. See 110(a)(2)(A) and (a)(2)(E) of the Act. stringent as the Federal AIM coatings 63 FR 48848, 48857. Accordingly, rule. NYSDEC retains authority to impose D. Comment: The New York AIM As stated above, on March 28, 2001, more stringent limits for architectural Coatings Rule Was Adopted in Violation the OTC and member states, signed a coatings as part of its SIP, and its of Section 184(c) of the Clean Air Act, MOU on regional control measures election to do so is not a basis for EPA and Approval of the SIP Revision which officially made available to the to disapprove the SIP. See, Union Would, Itself, Violate That Section public the model rules, including the Electric Co. v. EPA, 427 U.S. 246, 265– The commenter believes the OTC AIM model rule. The OTC did not 66 (1976). EPA favors national violated section 184(c)(l) of the Act by develop recommendations to the uniformity in consumer and commercial failing to ‘‘transmit’’ its Administrator for additional control product regulation, but recognizes that recommendations to the Administrator, measures. The MOU stated that some localities may need more stringent and that the OTC’s violation was implementing these rules will help regulations to combat more serious and compounded by the Administrator’s attain and maintain the 1-hour standard more intransigent ozone nonattainment failure to review the model rule through for ozone and were therefore made problems. the notice, comment and approval available to the states for use in Further, there was ample consultation process required by section 184(c)(2)–(4) developing its own regulations. with EPA prior to the State’s adoption of the Act. These alleged violations of Even though the OTC did not develop of its AIM coatings rule. On March 28, the Act should have prevented New the model AIM coatings rule pursuant to 2001, the OTC adopted a Memorandum York from adopting its AIM coatings section 184(c)(1) of the Act, nevertheless of Understanding (MOU) on regional rule, and now prevent EPA from validly it provided ample opportunity for OTC control measures, signed by all the approving them as a revision to the New member and stakeholder comment by member states of the OTC, including York SIP. holding several public meetings New York, which officially made Response: EPA disagrees with this concerning the model rules including available the OTC model rules, comment. Section 184(c)(1) of the Act the AIM coatings model rule. The sign- including the AIM model rule. See the states that ‘‘the Commission (OTC) may, in sheets or agenda for four meetings discussion of this MOU in the Report of after notice and opportunity for public held in 2000 and 2001 at which the OTC the Executive Director, OTC, dated July comment, develop recommendations for AIM coatings model was discussed 24, 2001, a copy of which has been additional control measures to be (some of which reflect the attendance of included in administrative record of this applied within all or a part of such a representative of the EPA and/or the final rulemaking. It should also be noted transport region if the commission commenter), have been placed in the that the March 28, 2001 MOU, was determines such measures are necessary administrative record for this final transmitted to Robert Brenner, Assistant rulemaking. Administrator for the Office of Air and 3 While EPA reviewed the AIM model rule and E. Comment: The New York AIM Radiation of EPA, and to various EPA the draft New York version of that rule, EPA had Regional offices, as was the July 24, no authority conferred under the Clean Air Act to Coatings Rule Was Adopted in Violation 2001 Report of the Executive Director. dictate the exact language or requirements of the of Section 19–0303 of the New York rule beyond the general requirement that the New Environmental Conservation Law (ECL) That MOU includes the following text: York rule, in order to be approvable as a SIP ‘‘WHEREAS after reviewing regulations revision, must be at least as stringent as its Federal The Commenter asserts that NYSDEC already in place in OTC and other counterpart. violated section 19–0303(3) of the ECL

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because the New York AIM coatings Island nonattainment area, but also, does not agree that New York should rule applies statewide even though New York adopted its AIM coatings rule have solicited public review of the OTC additional control measures are needed applicable statewide in order to make model rule. In development of the only for the New York City metropolitan progress towards reducing 8-hour ozone model rule, the OTC Stationary and area. The commenter contends that by levels in recently designated Area Sources Committee met with failing to adequately consider comments nonattainment areas located in New numerous stakeholders on several which suggested that the rules could be York State that are outside of the New occasions (See EPA’s response to tailored more closely to that York City metropolitan area. See New Comment D) to discuss and to solicit metropolitan area, the State failed to York State Register, Rule Making comments on specific aspects of the observe the law’s requirement to ‘‘give Activities, March 19, 2003, page 8. control measures being considered, due recognition to the fact that’’ relevant In addition, though the State could including the AIM model rule. It is also differences in air quality or emission have decided to limit the application of important to note that the NYSDEC held characteristics among geographical areas the rule to selected areas of the State, it public hearings on April 28, 2003, April in the State may call for differential elected to apply its AIM coatings rule 30, 2003, and May 2, 2003, for the applicability of emission reduction statewide. Rather than opting for a proposed New York AIM coatings rule. requirements among differing county by county variation in regulatory In addition, in its review of the SIP geographical areas. limits affecting the sales and use of revision submission of the New York The commenter also asserts that products, New York opted for a unitary AIM coatings rule, EPA has found no NYSDEC violated section 19–0303(4) of system. Doing so may reduce the burden reason to indicate that the review the ECL because it failed to prepare a on manufacturers to have to track the performed by NYSDEC’s Counsel’s sufficient regulatory impact assessment. point of sale and use of products and Office, as to the legality of its AIM Specifically, the commenter contends enhances the effectiveness and coatings rule under State law, is that among other failings, New York enforceability of the rule by helping to insufficient. Therefore, EPA has relied upon grossly inadequate data as minimize the opportunity for use of determined, pursuant to section discussed above, failed to perform any noncomplying products within 110(a)(2)(E) of the Act and 40 CFR part State-specific cost or impact studies, nonattainment areas. We do not 51, appendix V, that New York has and failed to analyze the cost- consider the State’s decision to opt for provided the necessary assurances that effectiveness of any reasonably available statewide applicability of the limits it has adequate authority to implement alternatives to the New York AIM unreasonable. In any event, New York’s the SIP revision and that it has followed coatings rule. decision to implement its AIM coatings all the procedural requirements of the In addition, the commenter asserts rule with wider geographic scope than New York constitution and laws in that NYSDEC violated section 19– that of a specific nonattainment area is adopting the SIP revision submitted to 0303(5) of the ECL because it failed to simply not a grounds for EPA to EPA. provide notice in the State disapprove the regulation under section F. Comment: The State Violated the Environmental Notice Bulletin of the 110 of the Act. As explained elsewhere, State Administrative Procedure Act OTC’s March 2001 recommendation states retain the ability under the Act to (SAPA) and State Environmental with respect to the OTC model rule on regulate such products so long as they Quality Review Act (SEQRA) in Its which the New York AIM coatings rule at least meet the requirements of the Adoption of the New York AIM Coatings is closely based, or to solicit public Federal AIM rule. review of the model rule. With respect to the commenter’s Rule Response: EPA disagrees with this assertion concerning the need for a The commenter states that NYSDEC’s comment. The New York final AIM regulatory impact statement, EPA adoption of the New York AIM coatings coatings rule was adopted by the State disagrees. NYSDEC did prepare a rule was subject to SAPA. Section pursuant to the provisions of sections 1– regulatory impact statement which 202(5)(b) of the SAPA requires that 0101, 3–0301, 19–0103, 19–0105, 19– included a cost impact study. Since in NYSDEC publish and make available to 0301, and 19–0305 of the ECL, which most respects the New York AIM the public an assessment of public grants the NYSDEC the authority to coatings rule is very similar to the comment on the proposed rule, adopt regulations for the prevention, California Air Research Board (CARB) including a summary and analysis of the control, reduction and abatement of air ‘‘Suggested Control Measure for issues raised by the comments and pollution. NYSDEC has found that this Architectural Coatings,’’ NYSDEC significant alternatives suggested in the regulation is necessary for the State to utilized the cost information that comments. Section 202(5)(b) of the attain ambient air quality standards supported the CARB action. Though SAPA also required that the assessment (New York State Register, Rule Making NYSDEC undertook no independent include a statement of the reasons why Activities, March 19, 2003, page 8 and cost analysis, it reviewed and analyzed any significant alternatives were not New York State Register, Rule Making the information used by CARB and incorporated into the rule. The Activities, November 12, 2003, page 7, included this information in its commenter stated that NYSDEC violated both of which are part of NYSDEC’s regulatory impact statement. The CARB section 202(5)(b) of the SAPA because AIM coatings rule SIP revision cost information reflects information its assessment of public comments (the submittal). With respect to the supplied by manufacturers who market ‘‘Response to Comments’’ document) commenter’s assertion that the AIM AIM coatings nationally. These failed completely to identify or respond coatings rule was only needed for the manufacturers are representative of to a number of comments and failed to New York City metropolitan area, it is those affected by the New York AIM provide a statement as to why several the State’s prerogative as to whether it coatings rule. Therefore, EPA has alternatives suggested by the commenter adopts a rule applicable statewide or determined that the analysis and and others were not incorporated into nonattainment area specific. New York conclusions provided for the CARB the rule. adopted its AIM coatings rule to achieve action are sufficient for the New York Section 202–a(1) of the SAPA requires VOC emission reductions necessary to AIM coatings rule. that, in promulgating the New York AIM attain the 1-hour ozone standard in the With respect to the comment coatings rule, NYSDEC consider New York—Northern New Jersey—Long concerning the OTC model rule, EPA utilizing approaches designed to avoid

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undue deleterious economic effects or November 4, 2003, SIP revision G. Comment: The New York AIM overly burdensome impacts on affected submittal which was also included in Coatings Rule Violates the Equal persons. The commenter stated that the November 12, 2003, New York State Protection Clause of the U.S. NYSDEC violated section 202–a(1) of Register for the State’s final approval of Constitution the SAPA by failing to give adequate the New York AIM coatings rule. This A commenter claimed that the New consideration to approaches suggested assessment included responses to York AIM coatings rule violates The by the commenters that would have specific comments and to comments in Equal Protection Clause of the United avoided undue deleterious economic general. Failure to quote comments States Constitution because the Equal effect and other undue impacts on the provided to NYSDEC verbatim does not Protection Clause entitles persons, regulated community. constitute failure to respond to such including corporate entities, to equal SEQRA requires that agencies in New protection under the law. The New York York review the environmental impact comments. After review of the AIM coatings rule allows only ‘‘small of actions that they propose to take ‘‘as comments and NYSDEC’s responses, manufacturers’’ (defined as those who early as possible in the formulation of EPA has determined that the NYSDEC manufacture less than 3,000,000 gallons a proposal for actions.’’ Section 8– responses are sufficient. In addition, 0109(4) of the ECL. Such review must NYSDEC does not have to consider per year) to seek a limited short-term evaluate whether the proposed action every conceivable alternative to the exemption from the rules based on an ‘‘may have a significant effect’’ on the rulemaking proposal (McKinney’s inability to meet the VOC content limits environment. To fulfill its obligations section 8–0109, subdivisions 2(d), 4 of due to economic and/or technical under SEQRA, State agencies in New the ECL; 6 NYCRR section 617.14(f)(5)), infeasibility. This exemption would York must take a ‘‘hard look’’ at the but can focus on those alternatives provide small manufacturers with additional time to acquire the potential environmental impact of their which can be implemented and which technology for producing compliant proposals and make a reasoned are consistent with the objectives of the coatings. The commenter contends that elaboration of the basis for their impact rulemaking. determination. this exemption, which is not available The commenter stated that in EPA also disagrees with the to large manufacturers (even if they promulgating the New York AIM commenter’s assertion concerning could satisfy the economic and/or coatings rule, NYSDEC violated these SEQRA. SEQRA requires that ‘‘all technical infeasibility requirement) is basic requirements of SEQRA. The agencies determine whether the actions not rationally related to any legitimate commenter contends that NYSDEC they directly undertake, fund or approve legislative purpose. The commenter failed to review the impact of the rule may have a significant impact on the further states that it also is early enough in its rulemaking process. environment, and, if it is determined unconstitutionally protectionist and The commenter further asserted that that the action may have a significant discriminates against both large NYSDEC should have performed, but adverse impact, prepare or request an manufacturers and out-of-state failed to perform, an environmental environmental impact statement.’’ manufacturers. It is the commenter’s impact analysis, and should have Adoption of the New York AIM coatings position that large manufacturers, like rendered a determination of significance rule will result in a positive impact to small manufacturers, should not be at the point at which it endorsed a the environment by achieving VOC required to comply with infeasible proposal for action in March 2001 emission reductions necessary to attain limits, and should be provided with (when it approved the OTC’s MOU, the 1-hour standard in the New York- equal protection under the law. The commenter suggested that EPA should committing to pursue adoption of the Northern New Jersey-Long Island disapprove the New York AIM coatings OTC model rule). The commenter went nonattainment area and will also make rule SIP revision because of this alleged on to state that NYSDEC compounded progress towards reducing 8-hour ozone this ‘‘violation’’ by failing to perform an abridgment of its Constitutional rights. levels statewide. Therefore, since the adequate evaluation of the Response: EPA disagrees with the environmental impacts of the New York impact will not be adverse, an commenter’s allegations that the New AIM coatings rule either at the time that environmental impact statement was York AIM coatings rule violates the it formally proposed them or at the time not necessary. Equal Protection Clause of the of adoption. It contends that NYSDEC’s As stated earlier, in its review of the Fourteenth Amendment to the U.S. failings in that regard included, but SIP revision submission of the New Constitution. The mere fact that the were not limited to, its failure to obtain York AIM coatings rule, EPA has found State has elected to treat ‘‘small’’ and or consider any State-specific no reason to indicate that the review ‘‘large’’ manufacturers of coatings information, its failure to assess the performed by NYSDEC’s Counsel’s differently does not, in and of itself, impacts of requiring use of products that Office, as to the legality of its AIM constitute a violation of the will not be suitable for their intended coatings rule under State law, is Constitution. purpose, the reliance on data of insufficient. Therefore, EPA has The Equal Protection Clause provides, inter alia, that ‘‘[n]o State shall * * * insufficient quality, and its failure to determined, pursuant to section deny to any person within its reasonably consider available 110(a)(2)(E) of the Act and 40 CFR part alternatives. It is the commenter’s jurisdiction the equal protection of the 51, appendix V, that New York has position that these violations of SAPA laws.’’ U.S. Const. amend XIV section 1. provided the necessary assurances that and SEQRA are grounds to invalidate This clause is generally understood to the New York AIM coatings rule under it has adequate authority to implement mean that similar persons will be dealt State law and cause the State to be the SIP revision and that it has followed with in a similar fashion under a state without sufficient authority to all the procedural requirements of the law. This does not mean, however, that implement them. New York constitution and laws in a government may never classify Response: EPA disagrees with the adopting the SIP revision submitted to persons and treat them differently. The commenter’s assertion concerning EPA. ability of a state to differentiate between SAPA. New York did in fact include an persons depends upon the nature of the assessment of public comments in its classification scheme and the nature of

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the rights at issue. The New York AIM reductions from the adoption of the burdensome regulatory requirements coatings rule does not affect proposed rule if every manufacturer than larger entities. Consequently, there fundamental rights and it does not could apply for an exemption that is a rational basis for a distinction adversely affect suspect classes. In the would never expire.’’ Id. The State thus between larger and smaller entities. case of state statute that relates solely to has a number of legitimate interests in Finally, EPA notes that the matters of economics or general social creation of the small business commenter asserts without any welfare, the statute need only rationally exemption, including: (i) Compliance justification that this provision of the relate to a legitimate governmental with State law; (ii) assuring that small New York AIM coatings rule purpose. manufacturers are not unnecessarily put discriminates against out-of-state It is primarily the role of the courts to out of business with the attendant manufacturers. EPA does not believe decide when a state action is rationally economic and social costs; and (iii) that this provision does so. The New related to a legitimate governmental assuring the overall effectiveness of the York AIM coatings rule’s limited short- purpose. Nevertheless, based upon the rule to achieve the intended VOC term exemption provision applies to administrative record for the New York emission reduction goals for protection small manufacturers, as defined by the AIM coatings rule, EPA believes that the of public health. rule, regardless of whether they are State would pass that test. First, the To achieve these legitimate goals, EPA located within or outside of New York State had a legitimate interest in believes that the State has chosen an State. drawing a distinction between large and approach that is rationally related to the Given the legitimate interest of the small manufacturers. Its stated purpose intended effect. The State targeted the State, and the rational relationship for treating small manufacturers exemption to what it decided were between the goals and the State’s differently was to provide them with companies that would have more approach, EPA concludes that it should assistance to comply with the rule. See, limited research and development not disapprove the New York AIM ‘‘Assessment of Public Comments on resources. It made the exemption coatings rule based upon the Equal Proposed Revisions to 6 NYCRR part temporary so that these small Protection Clause. 205, Architectural and Industrial companies would eventually H. Comment: The New York AIM Maintenance (AIM) Coatings,’’ Response manufacture coatings that would meet Coatings Rule Violates the Commerce #48. the VOC limits. One might disagree with Clause of the U.S. Constitution The State explained that it is the approach that the State has taken, obligated, by State law, to: ‘‘consider but EPA concludes that the approach is The commenter claimed that the New implementation approaches that will rationally related to the intended goals. York AIM coatings rule violates the minimize adverse impacts * * * on Courts have required that a such law Commerce Clause of Article I, section 8, small businesses * * * including need only have such a rational basis to of the U.S. Constitution, because it establishing different compliance or pass muster under the Equal Protection imposes an unreasonable burden on reporting requirements or timetables Clause, not that it be perfect. See, NPCA interstate commerce. The commenter that take into account the resources v. City of Chicago, 45 F.3d 1124, 1127– asserted that because the New York AIM available to small businesses * * * and 28 (7th Cir. 1994), cert. denied, 515 U.S. coatings rule contains VOC limits and exempt such entities from compliance 1143 (1995) (local restriction on sales of other provisions that differ from the with the rule so long as the public paints used by graffiti artists may not be Federal AIM coatings rule in 40 CFR health, safety, or general welfare is not the most effective means, but also not 59.400, the rule causes an unreasonable endangered.’’ Id., (explaining irrational to meet the objective). restriction on coatings in interstate requirements of section 202–b of the In addition, EPA believes the commerce. The commenter further New York Administrative Procedures commenter has not shown that there is asserted that the burdens of the New Act). Following this statutory no rational basis for this distinction. York AIM coatings rule are excessive requirement, the State indicated that it The commenter simply asserts that and outweigh the benefits of the rule. had identified the small manufacturers larger manufacturers should be treated The commenter suggested that EPA in the State, evaluated their product in the same way as smaller should disapprove the SIP revision on lines, and targeted the regulatory manufacturers and that the provision is this basis. exemption in such a way that it would not related to any legitimate legislative Response: EPA agrees that AIM provide necessary relief to small purpose. EPA notes, however, that coatings are products in interstate businesses, yet not undermine the Congress and EPA have drawn commerce and that state regulations on overall VOC emission reduction distinctions in control requirements coatings therefore have the potential to objectives of the New York AIM applicable under the Act based on the violate the Commerce Clause. EPA coatings rule. size of the entities subject to the understands the commenter’s practical The State noted that it elected to requirements and either exempted concerns caused by differing state create the exemption in order: ‘‘To smaller entities or subjected them to less regulations, but disagrees with the ensure that those businesses which have stringent requirements. See, e.g., section commenter’s view that the New York limited product lines and little if any 182(b)(3) of the Act which provides AIM coatings rule impermissibly research and development resources do exempting smaller service stations from impinges on interstate commerce. not face crippling financial impacts certain requirements; 40 CFR 86.708– A state law may violate the Commerce from the adoption of the rule and have 94(a)(1)(i)(B)(1)(iv) which provides for Clause in two ways: (i) by explicitly an opportunity and sufficient time to exemptions for small volume motor discriminating between interstate and come into compliance.’’ In addition, the vehicle manufacturers from certain intrastate commerce; or (ii) even in the State also explained why it decided not requirements. EPA also notes that the absence of overt discrimination, by to extend the exemption to all Regulatory Flexibility Act requires imposing an incidental burden on manufacturers, regardless of size and Federal agencies to examine the impacts interstate commerce that is markedly economic resources: ‘‘[t]he effect of of regulations on small entities, greater than that on intrastate adopting such a broad based exemption including small businesses, and commerce. The New York AIM coatings would be to swallow the whole rule. determine whether small businesses rule does not explicitly discriminate The [state] could not rely on any VOC should be subject to different and less against interstate commerce, because it

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applies evenhandedly to all coatings 205.1(b). The New York AIM coatings and does not appear to have the effect manufactured or sold for use within the rule cannot be construed to interfere of unfairly benefitting instate state. The New York AIM coatings rule’s with the transportation of coatings manufacturers or retailers. The mere fact limited short-term exemption provision through the State en route to other that there is a burden on some applies to small manufacturers, as states. As such, EPA believes that the companies in other states does not alone defined by the rule, regardless of cases concerning impacts on the establish impermissible interference whether they are located within or interstate modes of transportation with interstate commerce. See Exxon outside of New York State. In the case themselves are inapposite. See, e.g., Corp. v. Maryland, 437 U.S. 117, 126 of incidental impacts, the Supreme Bibb v. Navajo Freight Lines, 359 U.S. (1978). Court has applied a balancing test to 520 (1938). In addition, EPA notes that courts evaluate the relative impacts of a state Second, the New York AIM coatings have not found violations of the law on interstate and intrastate rule is not constructed in such a way Commerce Clause in situations where commerce. See, Pike v. Bruce Church, that it has the practical effect of states have enacted state laws with the Inc., 397 U.S. 137 (1970). Courts have requiring extraterritorial compliance authorization of Congress. See, e.g., struck down even nondiscriminatory with the state’s VOC limits. The New Oxygenated Fuels Assoc., Inc. v. Davis, state statutes, when the burden on York AIM coatings rule only governs 63 F. Supp. 1182 (E.D. Cal. 2001) (state interstate commerce is ‘‘clearly coatings manufactured or sold for use ban on MTBE authorized by Congress); excessive in relation to the putative within the State’s boundaries. The NEMA v. Sorell, 272 F.3d 104 (2nd Cir. local benefits.’’ Id. at 142. manufacturers of coatings in interstate 2000) (RCRA’s authorization of more At the outset, EPA notes that it is commerce are not compelled to take any stringent state regulations confers a unquestionable that the State has a particular action, and they retain a wide ‘‘sturdy buffer’’ against Commerce substantial and legitimate interest in range of options to comply with the Clause challenges). Section 183(e) of the obtaining VOC emissions reductions for rule, including but not limited to: (i) Act governs the Federal regulation of the purpose of attaining the Ozone Ceasing sales of nonconforming VOCs from consumer and commercial NAAQS. The adverse health products in New York; (ii) reformulating products, such as coatings covered by consequences of exposure to ozone are nonconforming products for sale in New the New York AIM coatings rule. EPA well known and well established and York and passing the extra costs on to has issued a Federal regulation that need not be repeated here. See, e.g., consumers in that state; (iii) provides national standards, including National Ambient Air Quality Standards reformulating nonconforming products VOC content limits, for such coatings. for Ozone: Final Response to Remand, for sale more broadly; (iv) developing See 40 CFR 59.400 et seq. Congress did 68 FR 614620–61425 (January 6, 2003). new lines of conforming products; or (v) not, however, intend section 183(e) to Thus, the New York AIM coatings rule entering into production, sales or pre-empt additional state regulation of is protective of the public health of the marketing agreements with companies coatings, as is evident in section citizens of New York State. The courts that do manufacture conforming 183(e)(9) which indicates explicitly that have recognized a presumption of products. Because manufacturers or states may regulate such products. validity where the state statute affects retailers of coatings in other states are EPA’s regulations promulgated pursuant matters of public health and safety. See, not forced to meet New York’s to the Act recognized that states might e.g., Kassel v. Consolidated Freightways regulatory requirements elsewhere, the issue their own regulations, so long as Corp. of Delaware, 450 U.S. 662, 671 rule does not impose the type of they meet or exceed the requirements of (1980). Moreover, even where the state obligatory extraterritorial compliance the Federal regulations. See, e.g., the statute in question is intended to that the courts have considered National Volatile Organic Compound achieve more general environmental unreasonable. See, e.g., NEMA v. Emission Standards for Architectural goals, courts have upheld such statutes Sorrell, 272 F.3d 104 (2nd Cir. 2000) Coatings, 40 CFR 59.410, and Federal notwithstanding incidental impacts on (state label requirement for light bulbs Register which published the standards, out of state manufacturers of a product. containing mercury sold in that state is 63 FR 48848, 48857 (September 11, See, e.g, Minnesota v. Clover Leaf not an impermissible restriction). The 1998). Thus, EPA believes that Congress Creamery, et al., 449 U.S. 456 (1981) New York AIM coatings rule may have has clearly provided that a state may (upholding state law that banned sales the effect of reducing the availability of regulate coatings more stringently than of milk in plastic containers to conserve coatings or increasing the cost of other states. energy and ease solid waste problems). coatings within the State, but courts In section 116 of the Act, Congress The commenter asserts, without typically view it as the prerogative of has also explicitly reserved to states and reference to any facts, that the New York the state to make regulatory decisions their political subdivisions the right to AIM coatings rule imposes burdens and with regard to such impacts upon its adopt local rules and regulations to has impacts on consumers that are own citizens. See NPCA v. City of impose emissions limits or otherwise ‘‘clearly excessive in relation to the Chicago, 45 F.3d 1124 (7th Cir. 1994), abate air pollution, unless there is a purported benefits * * *’’ By contrast, cert. denied, 515 U.S. 1143 (1995) specific Federal preemption of that EPA believes that the burdens of the (while local restriction on sales of paints authority. When Congress intends to New York AIM coatings rule are not so used by graffiti artists may not be the create such Federal preemption, it does overwhelming as to trump the State’s most effective means to meet objective, so through explicit provisions. See, e.g., interest in the protection of public it is up to the local government to section 209(a) of the Act which pertains health. First, the New York AIM decide). to state or local emissions standards for coatings rule does not restrict the Third, the burdens of the New York motor vehicles; section 211 of the Act transportation of coatings in commerce AIM coatings rule do not appear to fall which pertains to fuel standards. itself, only the sale of nonconforming more heavily on interstate commerce Moreover, the very structure of the Act coatings within the State’s own than upon intrastate commerce. The is based upon ‘‘cooperative federalism,’’ boundaries. The State’s rule excludes effect on manufacturers and retailers which contemplates that each state will coatings sold or manufactured for use will fall on manufacturers and retailers, develop its own state implementation outside the State or for shipment to regardless of location, if they intend plan, and that states retain a large others. New York AIM Coatings, subpart their products for sale within New York, degree of flexibility in choosing which

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sources to control and to what degree in Response: EPA disagrees with this submittal provides evidence that it has order to attain the NAAQS by the comment. If fulfillment of the the legal authority to adopt the New applicable attainment date. See Union ‘‘necessary or appropriate’’ condition of York AIM coatings rule and that it has Electric Co. v. EPA, 427 U.S. 246 (1976). section 110(a)(2)(A) required EPA to followed all of the requirements in the Given the structure of the Act, the mere determine that a measure was necessary State’s law and constitution that are fact that one state might choose to or appropriate and require a state to related to adoption of the New York regulate sources differently than another adopt that measure, this condition AIM coatings rule. would present a ‘‘catch 22’’ situation. state is not, in and of itself, contrary to J. Comment: Comments Submitted to EPA does not generally have the the Commerce Clause. the NYSDEC on New York’s Proposal of authority to require the state to enact Finally, EPA understands that there Its AIM Coatings Rule Are Incorporated and include in its SIP any particular may be a practical concern that a by Reference in Sherwin-Williams’ control measure, even a ‘‘necessary’’ plethora of state regulations could create Letter to EPA Submitted as Comment to one.4 However, under section a checkerboard of differing requirements EPA’s January 16, 2004 Proposed 110(a)(2)(A) a control measure must be that might not be the simplest approach Approval of the New York AIM Coatings either ‘‘necessary or appropriate,’’ to regulating VOCs from AIM coatings Rule or other consumer products. Greater (emphasis added); the use of the In its February 17, 2004, letter uniformity of standards does have disjunctive ‘‘or’’ does not provide that a submitted to EPA as comment to EPA’s beneficial effects in terms of more cost state must find that only a certain proposed approval of the New York effective and efficient regulations. As control measure and no other measure AIM Coatings Rule, the commenter EPA noted in its own AIM coatings rule, will achieve the required reduction. incorporated by reference a ‘‘Statement national uniformity in regulations is Rather, a state may adopt and propose on behalf of the Sherwin-Williams also an important goal because it will for inclusion in its SIP any measure that Company on proposed 6 NYCRR Part facilitate more effective regulation and meets the other requirements for approvability so long as that measure is 205’’ presented to the NYSDEC at the enforcement, and minimize the Legislative Public Hearing, dated May 2, opportunities for undermining the at least an appropriate (and not necessarily exclusive), means of 2003 and ‘‘Comments of the Sherwin- intended VOC emission reductions. 63 Williams Company’’ to the NYSDEC, FR 48856–48857. However, EPA also achieving emissions reduction. See also, Union Electric Co. v. EPA, 427 U.S. 246, dated May 12, 2003. The following recognizes that New York and other summarizes the comments that were states with longstanding ozone 264–266 (1976) in which the Court held that ‘‘necessary’’ measures are those that presented to the NYSDEC and thereby nonattainment problems have local incorporated by reference by the needs for VOC reductions that may meet the ‘‘minimum conditions’’ of the Act, and that a state ‘‘may select commenter: necessitate more stringent coatings whatever mix of control devices it (1) The commenter has significant regulations. Under section 116 of the desires,’’ even ones more stringent than concerns with the proposed standards Act, states clearly have the authority to Federal standard, to achieve compliance for interior wood clear and semi- do so. New York may have additional with a NAAQS, and that ‘‘the transparent stains, interior wood burdens to insure compliance with its Administrator must approve such plans varnishes, interior wood sanding rule, but for purposes of this action EPA if they meet the minimum requirements sealers, exterior wood primers, and floor presumes that the State will take of section 110(a)(2).’’ Clearly, in light of coatings. The commenter asserts that appropriate actions to enforce it as the Act and the caselaw, EPA’s failure New York’s proposed AIM coatings rule necessary. Because the New York AIM to specify state adoption of a specific is based upon the inaccurate coatings rule meets the requirements of control measure cannot dictate whether assumption that compliant coatings are section 110(a)(2) of the Act, EPA has an a control measure is necessary or available or can be developed which obligation to approve the rule. EPA has appropriate. will satisfy customer requirements and no grounds for disapproval of the New In this particular instance, EPA meet all of the performance York AIM coatings rule based upon the identified an emission reduction requirements of these categories. The commenters commerce clause comment. shortfall associated with New York’s 1- commenter contends that such coatings I. Comment: The Emission Limits and hour ozone attainment demonstration are not effectively within the limits of Compliance Schedule in the New York SIP, and required New York to address current technology and that this AIM Coatings Rule Are Neither the shortfall. See, 64 FR 70364 and 67 ‘‘inaccurate assumption’’ will result in Necessary Nor Appropriate to Meet FR 5170. It is the State’s prerogative to increased and earlier repainting which Applicable Requirements of the Clean develop whatever rule or set of rules it can damage floors in New York due to Air Act deems necessary or appropriate such seasonal variations in temperature and that the rule or rules will collectively humidity. The commenter claims that the New achieve the additional emission (2) The commenter contends that York AIM coatings rule is not reductions for attainment of the 1-hour NYSDEC has not considered the ‘‘necessary or appropriate’’ for inclusion ozone standard as identified by EPA. increase in emissions resulting from the in the New York SIP, because EPA did As stated previously, the State’s performance issues and repainting. not direct New York to achieve VOC November 4, 2003, SIP revision (3) The commenter has suggested reductions through the AIM coatings changes to the VOC standards for only rule, but left it to the State to decide 4 As noted in Virginia v. EPA, EPA does have the a few of the 52 product categories how such reduction can be achieved. authority within the mechanism created by section proposed by New York in its AIM 184 of the Act to order states to adopt control The commenter further asserts that the measures recommended by the OTC, if EPA agrees coatings rule, and claims that the New York AIM coatings rule is also not with and approves that recommendation. 108 F.3d, version of the AIM coatings rule it necessary or appropriate for inclusion in n.3 at 1402. As previously stated, the OTC AIM counter-proposes will achieve the New York SIP because of the model rule was not developed pursuant to the significant reductions beyond the section 184 mechanism; EPA therefore has no numerous procedural and substantive authority to order that New York or any other state National AIM coatings rule. failings on the part of NYSDEC in adopt this measure in order to reduce VOC (4) The commenter states that New promulgating the rule. emissions. York’s proposed AIM coatings rule will

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have a significant adverse impact on the review and approval, or disapproval, of regarding those decisions are rightfully commenter and the NYSDEC can issue rules submitted as SIP revisions. Prior to raised by interested parties to the State another regulation that achieves approving a state submitted SIP during its regulatory adoption process. substantial VOC reductions beyond the revision, pursuant to section 110(a) of Therefore, it was appropriate that the Federal AIM coatings rule without the Act, EPA reviews the submission to commenter comment to the State on causing serious adverse impact on ensure that the state provided the these matters during the adoption of its potential sales of certain products. opportunity for comment and held a AIM coatings rule. EPA has reviewed (5) The commenter contends that the hearing(s) on the state regulation that is the SIP revision submitted and has reporting requirements and related at issue in the proposed SIP revision. In determined that the commenter’s compliance provisions of New York’s this case, New York’s November 4, comments on those issues it has proposed AIM coatings rule are 2003, SIP submittal and its November incorporated by reference in this unreasonable. 21, 2003, supplemental SIP submittal to rulemaking, along with the NYSDEC’s (6) The commenter states that New EPA, of its AIM coatings rule include responses to those issues, are included York’s proposed AIM coatings rule is the necessary documentation to therein. In the context of a SIP approval, arbitrary and capricious because it does demonstrate that it met these EPA’s review of state decisions is not include reasonable alternatives and requirements. New York’s SIP revision limited to whether the rule meets the because the small business limited submissions are included in the docket minimum criteria of the Act. Provided short-term exemption provision should of this rulemaking. that the rule adopted by the state be available to all manufacturers. A complete SIP revision submission satisfies this criteria, EPA must approve (7) The commenter asserts that the from a state includes copies of timely such plans. See, Union Electric Co. v. economic analysis of New York’s comments properly submitted to the EPA. proposed AIM coatings rule is state on the proposed SIP revision and With regard to the commenter’s inaccurate because it uses a cost figure the state’s responses to those comments. comments concerning the availability of of $6400 per ton of emissions reduced New York’s November 4, 2003, complying coatings and the ability to based upon an economic analysis done submission of its AIM coatings rule as develop complying coatings that can for California. It contends that the cost a SIP revision to EPA properly includes meet customer requirements and figure is inappropriate given the both the comments submitted on its performance requirements, EPA notes differences in the stringency of the proposed AIM coatings rule and the that NYSDEC addressed these current requirements for AIM coatings States responses to those comments. See comments in its Assessment of Public in New York versus California, and both the documents entitled, Comments document. NYSDEC therefore, New York needs to make an Assessment of Public Comments on researched various AIM coatings independent determination of the cost Proposed Revisions to 6 NYCRR part surveys and performance studies which of VOC reductions from its proposed 205, Architectural and Industrial ‘‘demonstrate the technical feasibility of AIM coatings regulation. Maintenance (AIM) Coatings and New the proposed limits and that coatings (8) The commenter has indicated that York State Register, Rule Making reformulated to meet these limits both the Consumer Products regulation Activities, Notice of Adoption, pg. 2, perform as expected.’’ NYSDEC and AIM coatings rule proposed by New November 12, 2003. determined that quality AIM coatings York are based on rulemakings in The New York SIP revision are available in all categories which California. However, New York’s submission of its AIM coatings rule does comply with the VOC content limits proposal includes the California not request that EPA approve a specific specified in the proposed New York averaging provision for consumer amount of VOC emission reduction AIM coatings rule, and therefore, New products but does not do so for AIM. credit. As such, the comments regarding York adopted the proposed limits into The commenter asserts that failure to the State’s emission reduction its final AIM coatings rule. It is the include the California averaging calculations are not germane to EPA’s State’s prerogative to impose more provisions in the New York AIM current rulemaking to approve New stringent limits for architectural coatings rule is arbitrary and capricious, York’s November 4, 2003, and the coatings as part of its SIP, and its and places an unequal burden on the supplemental November 21, 2003, SIP election to do so is not a basis for EPA architectural coating industry. revision. The State’s responses to the to disapprove the SIP. EPA has (9) The commenter also submitted comments made by the commenter in its determined that New York’s SIP comments to NYSDEC regarding it May 12, 2003, letter submitted to the revision was complete in that it proposed AIM coatings rule challenging NYSDEC as part of its timely comments included the commenter’s comments that the NYSDEC does not have on the proposed New York AIM and NYSDEC sufficiently responded to authority under the State ECL to adopt coatings rule are included in the States’ them. EPA has also determined that this the proposed AIM coatings rule. submission to EPA for approval of the SIP revision meets the minimum criteria Response: As previously stated in this SIP revision. (Comments were to be for approval under the Act, including document, EPA disagrees with the submitted to the NYSDEC on its the requirement that the revision be at commenter’s assertion that the adoption proposed SIP revision by May 12, 2003). least as stringent as the Federal AIM of the AIM coatings regulation by the The cost per ton figure determined by coatings rule set forth at 40 CFR 59.400. NYSDEC is in violation of the ECL. New York in its regulatory impact Please see EPA’s response to Comment statement, its decision to rely upon IV. What Is EPA’s Conclusion? E. With regard to the other comments information from California, its decision EPA has determined that the submitted by the commenter to the on whether to include reasonable comments, received in response to the NYSDEC on its proposed AIM coatings alternatives, its choice not to include January 16, 2004 proposed rulemaking rule that it has incorporated by averaging provisions in its AIM coatings action, do not alter its proposed reference in its comments to EPA on rule, its choice of reporting determination that the SIP revision EPA’s February 16, 2004, proposed requirements and its choice to include submitted by New York is fully approval, EPA’s response is that , it is a small business limited short-term approvable. EPA has evaluated New important to understand EPA’s role and exemption are all decisions which fall York’s submittal for consistency with responsibilities with regard to the within the State’s purview, and issues the Act, EPA regulations, and EPA

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policy. EPA has determined that the August 10, 1999). This action merely extend the time within which a petition revisions made to title 6 of the New approves a state rule implementing a for judicial review may be filed, and York Codes, Rules and Regulations, part Federal standard, and does not alter the shall not postpone the effectiveness of 205, entitled, ‘‘Architectural and relationship or the distribution of power such rule or action. This action may not Industrial Maintenance Coatings’’, and responsibilities established in the be challenged later in proceedings to effective November 22, 2003, meet the Act. This rule also is not subject to enforce its requirements. See section SIP revision requirements of the Act Executive Order 13045 ‘‘Protection of 307(b)(2). and, therefore, EPA has made the final Children from Environmental Health determination that New York’s AIM Risks and Safety Risks’’ (62 FR 19885, List of Subjects in 40 CFR Part 52 coatings rule is approvable. April 23, 1997), because it is not Environmental protection, Air economically significant. pollution control, Incorporation by V. Statutory and Executive Order In reviewing SIP submissions, EPA’s reference, Intergovernmental relations, Reviews role is to approve state choices, Ozone, Reporting and recordkeeping Under Executive Order 12866 (58 FR provided that they meet the criteria of requirements, Volatile organic 51735, October 4, 1993), this action is the Act. In this context, in the absence compounds. not a ‘‘significant regulatory action’’ and of a prior existing requirement for the Dated: November 23, 2004. therefore is not subject to review by the State to use voluntary consensus Kathleen Callahan, Office of Management and Budget. For standards (VCS), EPA has no authority this reason, this action is also not to disapprove a SIP submission for Acting Regional Administrator, Region 2. subject to Executive Order 13211, failure to use VCS. It would thus be I Part 52, chapter I, title 40 of the Code ‘‘Actions Concerning Regulations That inconsistent with applicable law for of Federal Regulations is amended as Significantly Affect Energy Supply, EPA, when it reviews a SIP submission, follows: Distribution, or Use’’ (66 FR 28355, May to use VCS in place of a SIP submission 22, 2001). This action merely approves that otherwise satisfies the provisions of PART 52—[AMENDED] state law as meeting Federal the Act. Thus, the requirements of I 1. The authority citation for part 52 requirements and imposes no additional section 12(d) of the National continues to read as follows: requirements beyond those imposed by Technology Transfer and Advancement state law. Accordingly, the Act of 1995 (15 U.S.C. 272 note) do not Authority: 42 U.S.C. 7401 et seq. Administrator certifies that this rule apply. This rule does not impose an Subpart HH—New York will not have a significant economic information collection burden under the impact on a substantial number of small provisions of the Paperwork Reduction I 2. Section 52.1670 is amended by entities under the Regulatory Flexibility Act of 1995 (44 U.S.C. 3501 et seq.). adding new paragraph (c)(105) to read as Act (5 U.S.C. 601 et seq.). Because this The Congressional Review Act, 5 follows: rule approves pre-existing requirements U.S.C. 801 et seq., as added by the Small under state law and does not impose Business Regulatory Enforcement § 52.1670 Identification of plans. any additional enforceable duty beyond Fairness Act of 1996, generally provides * * * * * that required by state law, it does not that before a rule may take effect, the (c) * * * contain any unfunded mandate or agency promulgating the rule must (105) Revisions to the State significantly or uniquely affect small submit a rule report, which includes a Implementation Plan submitted on governments, as described in the copy of the rule, to each House of the November 4, 2003 and supplemented on Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General November 21, 2003, by the New York (Public Law 104–4). of the United States. EPA will submit a State Department of Environmental This rule also does not have tribal report containing this rule and other Conservation, which consists of a implications because it will not have a required information to the U.S. Senate, control strategy that will achieve substantial direct effect on one or more the U.S. House of Representatives, and volatile organic compound emission Indian tribes, on the relationship the Comptroller General of the United reductions that will help achieve between the Federal Government and States prior to publication of the rule in attainment of the national ambient air Indian tribes, or on the distribution of the Federal Register. A major rule quality standard for ozone. power and responsibilities between the cannot take effect until 60 days after it (i) Incorporation by reference: Federal Government and Indian tribes, is published in the Federal Register. (A) Regulation Part 205, as specified by Executive Order 13175 This action is not a ‘‘major rule’’ as ‘‘Architectural and Industrial (65 FR 67249, November 9, 2000). This defined by 5 U.S.C. 804(2). Maintenance Coatings.’’ of title 6 of the action also does not have federalism Under section 307(b)(1) of the Act, New York Code of Rules and implications because it does not have petitions for judicial review of this Regulations, filed on October 23, 2003, substantial direct effects on the states, action must be filed in the United States and effective on November 22, 2003. on the relationship between the national Court of Appeals for the appropriate I 3. In § 52.1679, the table is amended by government and the states, or on the circuit by February 11, 2005. Filing a revising the entry under title 6 for part distribution of power and petition for reconsideration by the 205 to read as follows. responsibilities among the various Administrator of this final rule does not levels of government, as specified in affect the finality of this rule for the § 52.1679 EPA-approved New York State Executive Order 13132 (64 FR 43255, purposes of judicial review nor does it regulations.

New York State regulation State effective date Latest EPA approval date Comments

Title 6:

******* Part 205, Architectural and Industrial Maintenance 11/22/2004 ...... 12/13/2004 and FR page Coatings. citation.

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New York State regulation State effective date Latest EPA approval date Comments

*******

[FR Doc. 04–27261 Filed 12–10–04; 8:45 am] Identification Section, Emergency environmental impact assessment has BILLING CODE 6560–50–P Preparedness and Response Directorate, been prepared. Federal Emergency Management Regulatory Flexibility Act Agency, 500 C Street, SW., Washington, DEPARTMENT OF HOMELAND DC 20472, (202) 646–2903. The Mitigation Division Director of SECURITY SUPPLEMENTARY INFORMATION: The the Emergency Preparedness and modified BFEs are not listed for each Response Directorate certifies that this Federal Emergency Management community in this interim rule. rule is exempt from the requirements of Agency However, the address of the Chief the Regulatory Flexibility Act because Executive Officer of the community modified base flood elevations are 44 CFR Part 65 where the modified BFE determinations required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, [Docket No. FEMA–P–7640] are available for inspection is provided. Any request for reconsideration must and are required to maintain community eligibility in the NFIP. No regulatory Changes in Flood Elevation be based on knowledge of changed flexibility analysis has been prepared. Determinations conditions or new scientific or technical data. Regulatory Classification AGENCY: Federal Emergency The modifications are made pursuant This interim rule is not a significant Management Agency, Emergency to Section 201 of the Flood Disaster regulatory action under the criteria of Preparedness and Response Directorate, Protection Act of 1973, 42 U.S.C. 4105, Section 3(f) of Executive Order 12866 of Department of Homeland Security. and are in accordance with the National September 30, 1993, Regulatory ACTION: Interim rule. Flood Insurance Act of 1968, 42 U.S.C. Planning and Review, 58 FR 51735. 4001 et seq., and with 44 CFR part 65. SUMMARY: This interim rule lists For rating purposes, the currently Executive Order 12612, Federalism communities where modification of the effective community number is shown Base (1% annual-chance) Flood This rule involves no policies that and must be used for all new policies Elevations (BFEs) is appropriate because have federalism implications under and renewals. of new scientific or technical data. New Executive Order 12612, Federalism, The modified BFEs are the basis for flood insurance premium rates will be dated October 26, 1987. the floodplain management measures calculated from the modified BFEs for that the community is required to either Executive Order 12778, Civil Justice new buildings and their contents. adopt or to show evidence of being Reform DATES: These modified BFEs are already in effect in order to qualify or This rule meets the applicable currently in effect on the dates listed in to remain qualified for participation in the table below and revise the Flood standards of Section 2(b)(2) of Executive the National Flood Insurance Program Order 12778. Insurance Rate Map(s) in effect prior to (NFIP). this determination for the listed These modified BFEs, together with List of Subjects in 44 CFR Part 65 communities. the floodplain management criteria Flood insurance, Floodplains, From the date of the second required by 44 CFR 60.3, are the publication of these changes in a Reporting and record keeping minimum that are required. They requirements. newspaper of local circulation, any should not be construed to mean that I Accordingly, 44 CFR part 65 is person has ninety (90) days in which to the community must change any amended to read as follows: request through the community that the existing ordinances that are more Mitigation Division Director of the stringent in their floodplain PART 65—[AMENDED] Emergency Preparedness and Response management requirements. The Directorate reconsider the changes. The community may at any time enact I 1. The authority citation for part 65 modified BFEs may be changed during stricter requirements of its own, or continues to read as follows: the 90-day period. pursuant to policies established by other Authority: 42 U.S.C. 4001 et seq.; ADDRESSES: The modified BFEs for each Federal, State, or regional entities. Reorganization Plan No. 3 of 1978, 3 CFR, community are available for inspection The changes in BFEs are in 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, at the office of the Chief Executive accordance with 44 CFR 65.4. 3 CFR, 1979 Comp., p. 376. Officer of each community. The respective addresses are listed in the National Environmental Policy Act § 65.4 [Amended] table below. This rule is categorically excluded I 2. The tables published under the FOR FURTHER INFORMATION CONTACT: from the requirements of 44 CFR part authority of § 65.4 are amended as Doug Bellomo, P.E., Hazard 10, Environmental Consideration. No follows:

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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Arkansas: Wash- City of Fayetteville Nov. 23, 2004, Nov. 30, The Honorable Dan Coody, Mayor, Nov. 12, 2004 ...... 050216 ington (Case 2004, Northwest Arkan- City of Fayetteville, 113 W. Moun- No.: 04–06– sas Times. tain, Fayetteville, AR 72701. 1740P). Illinois: McClean City of Bloom- Nov. 12, 2004, Nov. 19, The Honorable Judy Markowitz, Feb. 18, 2005 ...... 170490 (Case No.: ington. 2004, The Pantagraph. Mayor, City of Bloomington, 109 04–05– East Olive Street, Suite 200, 0891P). Bloomington, IL 61701. Cook (Case Unincorporated Oct. 21, 2004, Oct. 28, The Honorable John H. Stroger, Jr., Jan. 27, 2004 ...... 170054 No.: 03–05– Areas. 2004, Orland Township President, Cook County, Board of 5180P). Messenger. Commissioners, 69 West Wash- ington, Suite 2830, Chicago, IL 60602–3169. Cook (Case Unincorporated Oct. 13, 2004, Oct. 20, The Honorable John H. Stroger, Jr., Oct. 1, 2004 ...... 170054 No.: 04–05– Areas. 2004, The Chicago Trib- President, Cook County, Board of 4062P). une. Commissioners, 118 North Clark Street, Room 537, Chicago, IL 60602. Kane (Case Unincorporated Nov. 10, 2004, Nov. 17, The Honorable Michael McCoy Chair- Feb. 16, 2005 ...... 170896 No.: 04–05– Areas. 2004, Kane County man, Kane County Board, Kane 2895P). Chronicle. County Government Center, 719 South Batavia Avenue, Bldg. A, Geneva, IL 60134. Kane (Case Unincorporated Nov. 10, 2004, Nov. 17, The Honorable Michael McCoy, Feb. 16, 2005 ...... 170896 No.: 04–05– Areas. 2004, Kane County Chairman, Kane County Board, 2895P). Chronicle. Kane County Government Center, 719 South Batavia Avenue, Bldg. A, Geneva, IL 60134. Kane and Ken- Village of Mont- Nov. 17, 2004, Nov. 24, The Honorable Marilyn Michelini, Nov. 8, 2004 ...... 170328 dall (Case gomery. 2004, Aurora Beacon President, Village of Montgomery, No.: 04–05– News. 1300 South Broadway, Mont- 0087P). gomery, IL 60538. Cook (Case Village of Orland Oct. 21, 2004, Oct. 28, The Honorable Daniel McLaughlin, Jan. 27, 2004 ...... 170140 No.: 03–05– Park. 2004, Orland Township Mayor, Village of Orland Park, 5180P). Messenger. 14700 S. Ravinia Avenue, Orland Park, IL 60462. Will County Unincorporated Nov. 12, 2004, Nov. 19, The Honorable Joseph L. Mikan, Will Oct. 19, 2004 ...... 170695 (Case No.: Areas. 2004, The Herald News. County Executive, Will County Of- 04–05– fice Building, 302 North Chicago 3541P). Street, Joliet, IL 60432. Indiana: Marion City of Indianapolis Nov. 12, 2004, Nov. 19, The Honorable Bart Peterson, Mayor, Feb. 18, 2005 ...... 180159 (Case No.: 04– 2004, The Indianapolis City of Indianapolis, 2501 City- 05–0895P). Star. County Building, 200 E. Wash- ington Street, Indianapolis, IN 46204. Iowa: Johnson City of North Lib- Oct. 20, 2004, Oct. 27, The Honorable Clair Mekota, Mayor, Oct. 5, 2004 ...... 190630 (Case No.: 04– erty. 2004, North Liberty City of North Liberty, 35 Vixen 07–047P). Leader. Lane, North Liberty, IA 52317. New Mexico: Tor- City of Moriarty ..... Oct. 14, 2004, Oct. 21, The Honorable Adan M. Encinias, Jan. 20, 2005 ...... 350083 rance (Case No.: 2004, Mountain View Mayor, City of Moriarty, P.O. Draw- 04–06–674P). Telegraph. er 130, Moriarty, NM 87035. Ohio: Greene (Case City of Beaver Oct. 22, 2004, Oct. 29, The Honorable Robert Glaser, Mayor, Jan. 28, 2005 ...... 390876 No.: 03–05– Creek. 2004, Beavercreek City of Beaver Creek, 1368 Re- 3977P). News-Current. search Park Drive, Beavercreek, OH 45432. Butler (Case Unincorporated Oct. 21, 2004 Oct. 28, The Honorable Charles R. Furmon, Jan. 27, 2004 ...... 390037 No.: 03–05– Areas. 2004, The Journal- President, Butler County, Board of 5177P). News. Commissioners, 315 High Street, 4th Floor, Government Services Center, Hamilton, OH 45011. Greene (Case Unincorporated Oct. 22, 2004, Oct. 29, The Honorable Jeff Gilbert, Chair- Jan. 28, 2005 ...... 390193 No.: 03–05– Areas. 2004, Xenia Daily Ga- man, Green County Board, County 3977P). zette. Courthouse, 519 North Main Street, Carrollton, OH 62016. Summit (Case Village of Hudson Oct. 20, 2004, Oct. 27, The Honorable William A. Currin, Jan. 26, 2005 ...... 390660 No.: 04–05– 2004, Hudson Hub- Mayor, Village of Hudson, 27 East 0770P). Times. Main Street, Hudson, OH 44236– 3099.

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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Lucas (Case Unincorporated Oct. 19, 2004, Oct. 26, The Honorable Harry Barlos, Presi- Sept. 30, 2004 ..... 390539 No.: 04–05– Areas. 2004, Farmland News. dent, Lucas County, Board of Com- 4066P). missioners, One Government Cen- ter, Suite 800, Toledo, OH 43604. Oklahoma: Cleve- City of Moore ...... Nov. 23, 2004, Nov. 30, The Honorable Glenn Lewis, Mayor, Nov. 9, 2004 ...... 400044 land (Case No.: 2004, The Moore Amer- City of Moore, 301 North Broad- 04–06–1915P). ican. way, Moore, OK 73160. Texas: Tarrant (Case City of Arlington ... Nov. 12, 2004, Nov. 19, The Honorable Dr. Robert Cluck, Oct. 29, 2004 ...... 485454 No.: 04–06– 2004, Northeast Tarrant Mayor, City of Arlington, 101 W. 1903P). County Morning News. Abram Street, Arlington, TX 76004– 0231. Brazos (Case City of Bryan ...... Oct. 5, 2004, Oct. 12, The Honorable Ernie Wentrcek, Jan. 11, 2005 ...... 480082 No.: 04–06– 2004, The Eagle. Mayor, City of Bryan, P.O. Box 1025P). 1000, Bryan, TX 77805. Collin (Case Unincorporated Oct. 20, 2004, Oct. 27, The Honorable Ron Harris, Judge, Jan. 26, 2005 ...... 480130 No.: 04–06– Areas. 2004, Plano Star Cou- Collin County, 210 South McDonald 1470P). rier. Street, #626, Wylie, TX 75098. Denton (Case Town of Double Nov. 23, 2004, Nov. 30, The Honorable Richard P. Cook, Mar. 1, 2005 ...... 481516 No.: 04–06– Oak. 2004, Denton Record Mayor, Town of Double Oak, 320 1464P). Chronicle. Waketon Road, Double Oak, TX 75077. El Paso (Case City of El Paso ..... Nov. 12, 2004, Nov. 19, The Honorable Joe Wardy, Mayor, Oct. 29, 2004 ...... 480214 No.: 04–06– 2004, El Paso Times. City of El Paso, 2 Civic Center 1606P). Plaza, El Paso, TX 79901–1196. Fort Bend Unincorporated Oct. 20, 2004, Oct. 27, The Honorable Robert E. Hebert, Jan. 27, 2005 ...... 480228 (Case No.: Areas. 2004, Fort Bend Star. Judge, Fort Bend County, 301 04–06– Jackson Street, Richmond, TX 2155P). 77469. Tarrant (Case City of Fort Worth Oct. 6, 2004, Oct. 13, The Honorable Michael Moncrief, Sept. 20, 2004 ..... 480596 No.: 04–06– 2004, The Star Tele- Mayor, City of Fort Worth, 1000 1741P). gram. Throckmorton Street, Fort Worth, TX 76102. Tarrant (Case City of Hurst ...... Oct. 1, 2004, October 8, The Honorable Richard Ward, Mayor, Oct. 7, 2004, ...... 480601 No.: 04–06– 2004, The Star Tele- City of Hurst, 1505 Precinct Line 858P). gram. Road, Hurst, TX 76054. Collin (Case City of McKinney .. Oct. 7, 2004, Oct. 14, The Honorable Bill Whitfield, Mayor, Jan. 13, 2005 ...... 480135 No.: 04–06– 2004, McKinney Cou- City of McKinney, 222 N. Ten- 1002P). rier-Gazette. nessee Avenue, McKinney, TX 75069. Fort Bend City of Missouri Oct. 21, 2004, Oct. 28, The Honorable Allen Owen, Mayor, Jan. 27, 2005 ...... 480304 (Case No.: City. 2004, Fort Bend Mirror. City of Missouri City, 1522 Texas 04–06– Parkway, Missouri City, TX 77489. 2155P). Denton (Case City of Oak Point .. Nov. 23, 2004, Nov. 30, The Honorable Duane E. Olson, Nov. 9, 2004 ...... 481639 No.: 04–06– 2004, Denton Record Mayor, City of Oak Point, 100 1180P). Chronicle. Naylor Road, Oak Point, TX 75068. Williamson City of Round Oct. 12, 2004, Oct. 19, The honorable Nyle Maxwell, Mayor, Jan. 19, 2005 ...... 481048 (Case No.: Rock. 2004, Round Rock City of Round Rock, 221 East 03–06– Leader. Main, Round Rock, TX 78664. 1540P). Williamson Williamson County Oct. 13, 2004, Oct. 20, The Honorable John C. Doerfler, Jan. 19, 2005 ...... 481079 (Case No.: 2004, Williamson Coun- Judge, Williamson County, 710 03–06– ty Sun. Main Street, Suite 201, George- 1540P). town, TX 78626. Collin (Case City of Wylie ...... Oct. 20, 2004, Oct. 27, The Honorable John Mondy, Mayor, Jan. 26, 2005 ...... 480759 No.: 04–06– 2004, The Wylie News. City of Wylie, 2000 State Highway 1470P). 78 North, Wylie, TX 75098. Wisconsin: City of Clintonville Sept. 23, 2004, Sept. 30, The Honorable Richard K. Beggs, Sept. 17, 2004 ..... 550494 Waupaca 2004 Tribune Gazette. Mayor, City of Clintonville, 50 10th (Case No.: Street, Clintonville, WI 54929. 04–05– 4068P).

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(Catalog of Federal Domestic Assistance No. community. The respective addresses Response Directorate certifies that this 83.100, ‘‘Flood Insurance’’) are listed in the table below. rule is exempt from the requirements of Dated: December 7, 2004. FOR FURTHER INFORMATION CONTACT: the Regulatory Flexibility Act because David I. Maurstad, Doug Bellomo, P.E., Hazard modified base flood elevations are Acting Director, Mitigation Division, Identification Section, Emergency required by the Flood Disaster Emergency Preparedness and Response Preparedness and Response Directorate, Protection Act of 1973, 42 U.S.C. 4105, Directorate. Federal Emergency Management and are required to establish and [FR Doc. 04–27249 Filed 12–10–04; 8:45 am] Agency, 500 C Street, SW., Washington, maintain community eligibility in the BILLING CODE 9110–12–P DC 20472, (202) 646–2903. NFIP. No regulatory flexibility analysis SUPPLEMENTARY INFORMATION: The has been prepared. Federal Emergency Management Agency Regulatory Classification DEPARTMENT OF HOMELAND makes the final determinations listed SECURITY below for the BFEs and modified BFEs This final rule is not a significant for each community listed. These regulatory action under the criteria of Federal Emergency Management modified elevations have been Section 3(f) of Executive Order 12866 of Agency published in newspapers of local September 30, 1993, Regulatory circulation and ninety (90) days have Planning and Review, 58 FR 51735. 44 CFR Part 67 elapsed since that publication. The Executive Order 12612, Federalism Final Flood Elevation Determinations Mitigation Division Director of the Emergency Preparedness and Response This rule involves no policies that AGENCY: Federal Emergency Directorate has resolved any appeals have federalism implications under Management Agency, Emergency resulting from this notification. Executive Order 12612, Federalism, Preparedness and Response Directorate, This final rule is issued in accordance dated October 26, 1987. Department of Homeland Security. with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, Executive Order 12778, Civil Justice ACTION: Final rule. and 44 CFR Part 67. Reform The Federal Emergency Management This rule meets the applicable SUMMARY: Base (1% annual-chance) Agency has developed criteria for Flood Elevations and modified Base standards of Section 2(b)(2) of Executive floodplain management in floodprone Order 12778. Flood Elevations (BFEs) are made final areas in accordance with 44 CFR Part for the communities listed below. The 60. List of Subjects in 44 CFR Part 67 BFEs and modified BFEs are the basis Interested lessees and owners of real Administrative practice and for the floodplain management property are encouraged to review the procedure, Flood insurance, Reporting measures that each community is proof Flood Insurance Study and FIRM required either to adopt or to show available at the address cited below for and record keeping requirements. evidence of being already in effect in each community. I Accordingly, 44 CFR Part 67 is order to qualify or remain qualified for The BFEs and modified BFEs are amended to read as follows: participation in the National Flood made final in the communities listed Insurance Program (NFIP). below. Elevations at selected locations PART 67—[AMENDED] in each community are shown. EFFECTIVE DATE: The date of issuance of I 1. The authority citation for Part 67 the Flood Insurance Rate Map (FIRM) National Environmental Policy Act continues to read as follows: showing BFEs and modified BFEs for each community. This date may be This rule is categorically excluded Authority: 42 U.S.C. 4001 et seq.; obtained by contacting the office where from the requirements of 44 CFR Part Reorganization Plan No. 3 of 1978, 3 CFR, 10, Environmental Consideration. No 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the FIRM is available for inspection as environmental impact assessment has 3 CFR, 1979 Comp., p. 376. indicated in the table below. been prepared. § 67.11 [Amended] ADDRESSES: The final base flood elevations for each community are Regulatory Flexibility Act I 2. The tables published under the available for inspection at the office of The Mitigation Division Director of authority of § 67.11 are amended as the Chief Executive Officer of each the Emergency Preparedness and follows:

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) modified. ♦Elevation in feet (NAVD) modified

Arkansas ...... Arkadelphia (City) Clark County Mill Creek...... Approximately 1,820 feet down- *193 (FEMA Docket No. P7649). stream of North Eighth Street. Approximately 2,800 feet upstream *245 of 26th Street. (FEMA Docket No. P7649) ...... Maddox Branch ...... Approximately 25 feet downstream *186 of Union Pacific Railroad.

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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) modified. ♦Elevation in feet (NAVD) modified

Approximately 425 feet upstream *207 of South 12th Street.

Maps are available for inspection at the Town Hall, 700 Clay Street, 121, Arkadelphia, Arkansas.

Louisiana ...... Jonesville (Town) Catahoula Parish Black River...... Approximately 4,100 feet down- *63 (FEMA Docket No. P7649). stream of U.S. Highway 84. At the confluence of Little River ..... *63 Little River ...... At the confluence with Black River *63 Approximately 100 feet upstream *63 of the divergence of Airport Canal. Ohio ...... Chagrin Falls (Village) Cuyahoga Chagrin River ...... At the downstream corporate limit, *838 County (FEMA Docket No. approximately 4,735 feet down- P7653). stream of Miles Road. Just downstream of the corporate *969 limit, approximately 5,100 feet upstream of the dam.

Maps are available for inspection at the Village Hall, 21 W. Washington Street, Chagrin Falls, Ohio.

Ohio ...... Lake County (Unincorporated Red Creek ...... Just upstream of CSX Railroad ..... *677 Areas) (FEMA Docket No. Approximately 700 feet upstream *696 P7655). of Farm Road. Red Mill Creek ...... A reach approximately 1,200 feet *704 south of Norfolk Southern Rail- road. Area east of the Main Street and *#2 700 feet south of Norfolk South- ern Railroad.

Maps are available for inspection at the Lake County Engineers Office, 550 Blackbrook Road, Painesville, Ohio.

Ohio ...... Perry Lake (Village) Lake County Red Creek ...... *699 (FEMA Docket No. P7655). Red Mill Creek ...... Area east of Main Street and ap- *710. proximately 1,300 feet south of Norfolk Southern Railroad.

Maps are available for inspection at the Village of Perry Municipal Center, 3758 Center Road, Perry, Ohio.

Oklahoma ...... Tuttle (Town) Grady County Coal Creek—Lower Reach ...... Approximately 200 feet upstream *1,197 (FEMA Docket No. P7647). of the confluence with the Cana- dian River. Approximately 0.5 mile upstream of *1,235 North Sarah Road. Coal Creek Tributary—Lower At the confluence with Coal *1,221 Reach. Creek—Lower Reach. Approximately 0.6 mile upstream of *1,232 the confluence with Coal Creek—Lower Reach. Tuttle (Town) Lake County (Cont’d) Worley Creek—Lower Reach...... Approximately 1,530 feet down- *1,204 (FEMA Docket No. P7647). stream of East Silver City Ridge Road. Approximately 140 feet upstream *1,243 of State Highway 37.

Maps are available for inspection at the Town Hall, 301 West Main Street, Tuttle, Oklahoma.

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(Catalog of Federal Domestic Assistance No. the minimum random alcohol testing before deciding whether to lower annual 83.100, ‘‘Flood Insurance’’) rate will remain at 10 percent of covered minimum random testing rates). FRA Dated: December 7, 2004. railroad employees for the period will return the rate to 50 percent if the David I. Maurstad, January 1, 2005 through December 31, industry-wide random drug positive rate Acting Director, Mitigation Division, 2005. is 1.0 percent or higher in any Emergency Preparedness and Response DATES: This notice is effective upon subsequent calendar year. Directorate. publication. FRA implemented a parallel [FR Doc. 04–27248 Filed 12–10–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: performance-based system for random BILLING CODE 9110–12–P Lamar Allen, Alcohol and Drug Program alcohol testing. Under this system, if the Manager, Office of Safety Enforcement, industry-wide violation rate is less than Mail Stop 25, Federal Railroad 1.0 percent but greater than 0.5 percent, DEPARTMENT OF TRANSPORTATION Administration, 1120 Vermont Avenue, the rate will be 25 percent. FRA will raise the rate to 50 percent if the Federal Railroad Administration NW., Washington, DC 20005, (202) 493– 6313); or Kathy Schnakenberg, FRA industry-wide violation rate is 1.0 percent or higher in any subsequent 49 CFR Part 219 Alcohol/Drug Program Specialist, (816) 561–2714. calendar year. FRA may lower the [Docket No. 2001–11213, Notice No. 4] SUPPLEMENTARY INFORMATION: minimum random alcohol testing rate to 10 percent whenever the industry-wide RIN 2130–AA81 Administrator’s Determination of 2005 violation rate is less than 0.5 percent for Random Drug and Alcohol Testing two calendar years while testing at a Alcohol and Drug Testing: Rates higher rate. Determination of Minimum Random Testing Rates for 2005 In a final rule published on December In this notice, FRA announces that the 2, 1994 (59 FR 62218), FRA announced minimum random drug testing rate will AGENCY: Federal Railroad that it will set future minimum random remain at 25 percent of covered railroad Administration (FRA), DOT. drug and alcohol testing rates according employees for the period January 1, ACTION: Notice of determination. to the rail industry’s overall positive 2005 through December 31, 2005, since rate, which is determined using annual the industry random drug testing SUMMARY: Using data from Management railroad drug and alcohol program data positive rate for 2003 was 0.93 percent. Information System annual reports, FRA taken from FRA’s Management Since the industry-wide violation rate has determined that the 2003 rail Information System. Based on this data, for alcohol has remained below 0.5 industry random testing positive rate the Administrator publishes a Federal percent for the last two years, FRA is was 0.93 percent for drugs and 0.18 Register notice each year, announcing maintaining the minimum random percent for alcohol. Since the industry- the minimum random drug and alcohol alcohol testing rate at 10 percent of wide random drug testing positive rate testing rates for the following year (see covered railroad employees for the continues to be below 1.0 percent, the 49 CFR 219.602, 608). period January 1, 2005 through Federal Railroad Administrator Under this performance-based system, December 31, 2005. Railroads remain (Administrator) has determined that the FRA may lower the minimum random free, as always, to conduct random minimum annual random drug testing drug testing rate to 25 percent whenever testing at higher rates. rate for the period January 1, 2005 the industry-wide random drug positive through December 31, 2005 will remain rate is less than 1.0 percent for two Issued in Washington, DC on December 2, 2004. at 25 percent of covered railroad calendar years while testing at 50 employees. Since the random alcohol percent. (For both drugs and alcohol, Betty Monro, testing violation rate has remained FRA reserves the right to consider other Acting Administrator. below 0.5 percent for the last two years, factors, such as the number of positives [FR Doc. 04–27214 Filed 12–10–04; 8:45 am] the Administrator has determined that in its post-accident testing program, BILLING CODE 4910–06–P

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Proposed Rules Federal Register Vol. 69, No. 238

Monday, December 13, 2004

This section of the FEDERAL REGISTER DC, between 9 a.m. and 5 p.m., Monday closing date and may amend this contains notices to the public of the proposed through Friday, except Federal holidays. proposed AD in light of those comments issuance of rules and regulations. The To get the service information and contacts. purpose of these notices is to give interested identified in this proposed AD, contact persons an opportunity to participate in the CENTRAIR, Aerodome B.P.N. 44, 36300 Docket Information rule making prior to the adoption of the final Le Blanc, France; telephone: Where can I go to view the docket rules. 02.54.37.07.96; facsimile: information? You may view the AD 02.54.37.48.64. docket that contains the proposal, any DEPARTMENT OF TRANSPORTATION To view the comments to this comments received, and any final proposed AD, go to http://dms.dot.gov. disposition in person at the DMS Docket Federal Aviation Administration This is docket number FAA–2004– Offices between 9 a.m. and 5 p.m. 19522. (eastern standard time), Monday 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Greg through Friday, except Federal holidays. Davison, Aerospace Engineer, FAA, The Docket Office (telephone 1–800– [Docket No. FAA–2004–19522; Directorate 647–5227) is located on the plaza level Identifier 2004–CE–36–AD] Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; of the Department of Transportation RIN 2120–AA64 telephone: (816) 329–4130; facsimile: NASSIF Building at the street address (816) 329–4090. stated in ADDRESSES. You may also view Airworthiness Directives; CENTRAIR SUPPLEMENTARY INFORMATION: the AD docket on the Internet at http:/ 101 Series Gliders /dms.dot.gov. The comments will be Comments Invited available in the AD docket shortly after AGENCY: Federal Aviation the DMS receives them. Administration (FAA), DOT. How do I comment on this proposed AD? We invite you to submit any ACTION: Discussion Notice of proposed rulemaking written relevant data, views, or (NPRM). arguments regarding this proposal. Send What events have caused this proposed AD? The Direction Ge´ne´rale SUMMARY: The FAA proposes to adopt a your comments to an address listed under ADDRESSES. Include the docket de l’Aviation Civile (DGAC), which is new airworthiness directive (AD) for the airworthiness authority for France, certain CENTRAIR 101 series gliders. number, ‘‘FAA–2004–19522; Directorate Identifier 2004–CE–36–AD’’ at the recently notified FAA that an unsafe This proposed AD would require you to condition may exist on certain replace non-strengthened rudder pedals beginning of your comments. We will post all comments we receive, without CENTRAIR 101 series gliders. The with reinforced rudder pedals. This DGAC reports finding previously proposed AD results from mandatory change, to http://dms.dot.gov, including any personal information you provide. undetected cracks or poorly repaired continuing airworthiness information cracks on several CENTRAIR 101 series (MCAI) issued by the airworthiness We will also post a report summarizing each substantive verbal contact with gliders at the weld seam between the authority for France. We are issuing this hinge tube and the vertical tube of the proposed AD to replace the non- FAA personnel concerning this proposed rulemaking. Using the search rudder pedal. The rupture of this weld strengthened rudder pedals, to prevent could lead to failure of the rudder failure of the rudder controls. This function of our docket Web site, anyone can find and read the comments controls. failure could lead to loss of directional What is the potential impact if FAA control of the glider. received into any of our dockets, including the name of the individual took no action? Failure of the rudder DATES: We must receive any comments who sent the comment (or signed the controls could lead to loss of directional on this proposed AD by January 14, comment on behalf of an association, control of the glider. 2005. business, labor union, etc.). This is Is there service information that ADDRESSES: Use one of the following to docket number FAA–2004–19522. You applies to this subject? CENTRAIR has submit comments on this proposed AD: may review the DOT’s complete Privacy issued Socie´te´ Nouvelle Centrair Service • DOT Docket Web site: Go to http:/ Act Statement in the Federal Register Bulletin No. 101–24, dated March 5, /dms.dot.gov and follow the instructions published on April 11, 2000 (65 FR 2003 (this is the date of the French AD for sending your comments 19477–78), or you may visit http:// 2003–095(a) that transmitted the service electronically. dms.dot.gov. bulletin). • Government-wide rulemaking Web Are there any specific portions of this What are the provisions of this service site: Go to http://www.regulations.gov proposed AD I should pay attention to? information? The service bulletin and follow the instructions for sending We specifically invite comments on the includes procedures for: your comments electronically. overall regulatory, economic, —Immediately inspecting (using dye • Mail: Docket Management Facility; environmental, and energy aspects of penetrant) the weld between the hinge U.S. Department of Transportation, 400 this proposed AD. If you contact us tube and the vertical tube on both Seventh Street, SW., Nassif Building, through a nonwritten communication rudder pedals for any cracks; Room PL–401, Washington, DC 20590. and that contact relates to a substantive —Immediately replacing any rudder • Fax: 1–202–493–2251. part of this proposed AD, we will pedal if a crack is found; and • Hand Delivery: Room PL–401 on summarize the contact and place the —Eventually replacing any non- the plaza level of the Nassif Building, summary in the docket. We will strengthened rudder pedals with a 400 Seventh Street, SW., Washington, consider all comments received by the reinforced rudder pedal.

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What action did the DGAC take? The reviewed all available information, and CFR part 39 (67 FR 47997, July 22, DGAC classified this service bulletin as determined that AD action is necessary 2002), which governs FAA’s AD system. mandatory and issued French AD for products of this type design that are This regulation now includes material Number 2003–095(A), dated March 5, certificated for operation in the United that relates to altered products, special 2003, to ensure the continued States. flight permits, and alternative methods airworthiness of these gliders in France. Since the unsafe condition described of compliance. This material previously Did the DGAC inform the United previously is likely to exist or develop was included in each individual AD. States under the bilateral airworthiness on other CENTRAIR 101 series gliders of Since this material is included in 14 agreement? These CENTRAIR 101 series the same type design that are registered CFR part 39, we will not include it in gliders are manufactured in France and in the United States, we are proposing future AD actions. are type-certificated for operation in the AD action to replace the non- United States under the provisions of strengthened rudder pedals, which Costs of Compliance could result in failure of the rudder section 21.29 of the Federal Aviation How many gliders would this controls. This failure could lead to loss Regulations (14 CFR 21.29) and the proposed AD impact? We estimate that applicable bilateral airworthiness of directional control of the glider. What would this proposed AD this proposed AD affects 56 gliders in agreement. the U.S. registry. Under this bilateral airworthiness require? This proposed AD would agreement, the DGAC has kept us require you to replace non-strengthened What would be the cost impact of this informed of the situation described rudder pedals with reinforced rudder proposed AD on owners/operators of the above. pedals, part number (P/N) $Y185A for affected gliders? We estimate the the left-hand rudder pedal and P/N following costs to do this proposed FAA’s Determination and Requirements $Y196A for the right-hand rudder pedal. rudder pedal replacement. We have no of This Proposed AD How does the revision to 14 CFR part way of determining the number of What has FAA decided? We have 39 affect this proposed AD? On July 10, gliders that may need this rudder pedal examined the DGAC’s findings, 2002, we published a new version of 14 replacement:

Total cost per Labor cost per rudder pedal Parts cost glider

4 workhours × $65 per hour = $260 ...... $162 (for each rudder pedal) × 2 = $324 ...... $584

Regulatory Findings We are issuing this rulemaking under § 39.13 [Amended] Would this proposed AD impact the authority described in Subtitle VII, 2. The FAA amends § 39.13 by adding various entities? We have determined Part A, Subpart III, Section 44701, the following new airworthiness that this proposed AD would not have ‘‘General requirements.’’ Under that directive (AD): federalism implications under Executive section, Congress charges the FAA with CENTRAIR: Docket No. FAA–2004–19522; Order 13132. This proposed AD would promoting safe flight of civil aircraft in Directorate Identifier 2004–CE–36–AD. air commerce by prescribing regulations not have a substantial direct effect on When Is the Last Date I Can Submit the States, on the relationship between for practices, methods, and procedures Comments on This Proposed AD? the Administrator finds necessary for the national Government and the States, (a) We must receive comments on this or on the distribution of power and safety in air commerce. This regulation proposed airworthiness directive (AD) by responsibilities among the various is within the scope of that authority January 14, 2005. levels of government. because it addresses an unsafe condition What Other ADs Are Affected by This Would this proposed AD involve a that is likely to exist or develop on Action? significant rule or regulatory action? For products identified in this AD. the reasons discussed above, I certify (b) None. that this proposed AD: List of Subjects in 14 CFR Part 39 What Gliders Are Affected by This AD? 1. Is not a ‘‘significant regulatory Air transportation, Aircraft, Aviation (c) This AD affects Models 101, 101A, action’’ under Executive Order 12866; safety, Safety. 101AP, and 101P gliders, serial numbers 2. Is not a ‘‘significant rule’’ under the 101xx001 through 101xx285 and 101D0501 DOT Regulatory Policies and Procedures The Proposed Amendment through 101D0530, certificated in any (44 FR 11034, February 26, 1979); and category. Accordingly, under the authority 3. Will not have a significant What Is the Unsafe Condition Presented in economic impact, positive or negative, delegated to me by the Administrator, This AD? the Federal Aviation Administration on a substantial number of small entities (d) This AD is the result of mandatory under the criteria of the Regulatory proposes to amend 14 CFR part 39 as continuing airworthiness information (MCAI) Flexibility Act. follows: issued by the airworthiness authority for We prepared a summary of the costs France. We are issuing this AD to replace the to comply with this proposed AD and PART 39—AIRWORTHINESS non-strengthened rudder pedals, and prevent placed it in the AD Docket. You may get DIRECTIVES failure of the rudder controls. This failure a copy of this summary by sending a could lead to loss of directional control of the glider. request to us at the address listed under 1. The authority citation for part 39 ADDRESSES. Include ‘‘AD Docket FAA– continues to read as follows: What Must I Do To Address This Problem? 2004–19522; Directorate Identifier Authority: 49 U.S.C. 106(g), 40113, 44701. (e) To address this problem, you must do 2004–CE–36–AD’’ in your request. the following:

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Actions Compliance Procedures

(1) Replace any non-strengthened rudder ped- Within the next 25 hours time-in-service (TIS) Follow Socie´te´ Nouvelle Centrair Service Bul- als with reinforced rudder pedals: after the effective date of this AD, unless al- letin No. 101–24, dated March 5, 2003 (this (i) The left-hand reinforced rudder pedal is ready done. is the date of the French AD 2003–095(a) part number (P/N) $Y185A; and that transmitted the service bulletin). The (ii) The right-hand reinforced rudder pedal applicable glider maintenance manual also is P/N $Y196A. addresses this issue. (2) Do not install any non-strengthened rudder As of the effective date of this AD ...... Not Applicable. pedal as specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD.

May I Request an Alternative Method of ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: Greg Compliance? (NPRM). Davison, Aerospace Engineer, FAA, (f) You may request a different method of Small Airplane Directorate, 901 Locust, SUMMARY: The FAA proposes to adopt a compliance or a different compliance time Room 301, Kansas City, Missouri 64106; new airworthiness directive (AD) for all for this AD by following the procedures in 14 telephone: (816) 329–4130; facsimile: CFR 39.19. Unless FAA authorizes otherwise, CENTRAIR 101 series gliders with other (816) 329–4090. send your request to your principal than elevator or aileron part number (P/ inspector. The principal inspector may add N) SY991A hinge pins installed. This SUPPLEMENTARY INFORMATION: comments and will send your request to the proposed AD would require you to Manager, Standards Office, Small Airplane replace any installed elevator or aileron Comments Invited Directorate, FAA. For information on any hinge pins that are not P/N SY991A already approved alternative methods of How do I comment on this proposed compliance, contact Greg Davison, Aerospace hinge pins with P/N SY991A pins. This AD? We invite you to submit any Engineer, FAA, Small Airplane Directorate, proposed AD results from mandatory written relevant data, views, or continuing airworthiness information 901 Locust, Room 301, Kansas City, Missouri arguments regarding this proposal. Send 64106; telephone: (816) 329–4130; facsimile: (MCAI) issued by the airworthiness your comments to an address listed (816) 329–4090. authority for France. We are issuing this ADDRESSES. proposed AD to replace incorrectly heat- under Include the docket Is There Other Information That Relates to number, ‘‘FAA–2004–19616; Directorate This Subject? treated elevator or aileron hinge pins, which could result in failure of the Identifier 2004–CE–38–AD’’ at the (g) French AD 2003–095(A), dated March beginning of your comments. We will 5, 2003, also addresses the subject of this AD. elevator or ailerons. Such failure during takeoff, landing, or flight operations post all comments we receive, without May I Get Copies of the Documents could lead to loss of glider control. change, to http://dms.dot.gov, including Referenced in This AD? DATES: We must receive any comments any personal information you provide. (h) To get copies of the documents on this proposed AD by January 14, We will also post a report summarizing referenced in this AD, contact CENTRAIR, 2005. each substantive verbal contact with Aerodome B.P.N. 44, 36300 Le Blanc, France; FAA personnel concerning this ADDRESSES: Use one of the following to telephone: 02.54.37.07.96; facsimile: proposed rulemaking. Using the search 02.54.37.48.64. To view the AD docket, go to submit comments on this proposed AD: the Docket Management Facility; U.S. • DOT Docket Web site: Go to http: function of our docket Web site, anyone Department of Transportation, 400 Seventh //dms.dot.gov and follow the can find and read the comments Street, SW., Nassif Building, Room PL–401, instructions for sending your comments received into any of our dockets, Washington, DC, or on the Internet at http:/ electronically. including the name of the individual /dms.dot.gov. This is docket number FAA– • Government-wide rulemaking Web who sent the comment (or signed the 2004–19522. site: Go to http://www.regulations.gov comment on behalf of an association, Issued in Kansas City, Missouri, on and follow the instructions for sending business, labor union, etc.). This is December 6, 2004. your comments electronically. docket number FAA–2004–19616. You Scott L. Sedgwick, • Mail: Docket Management Facility; may review the DOT’s complete Privacy Acting Manager, Small Airplane Directorate, U.S. Department of Transportation, 400 Act Statement in the Federal Register Aircraft Certification Service. Seventh Street, SW., Nassif Building, published on April 11, 2000 (65 FR [FR Doc. 04–27197 Filed 12–10–04; 8:45 am] Room PL–401, Washington, DC 20590– 19477–78) or you may visit http:// BILLING CODE 4910–13–P 001. dms.dot.gov. • Fax: 1–202–493–2251. Are there any specific portions of this • Hand Delivery: Room PL–401 on proposed AD I should pay attention to? DEPARTMENT OF TRANSPORTATION the plaza level of the Nassif Building, We specifically invite comments on the 400 Seventh Street, SW., Washington, Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday overall regulatory, economic, through Friday, except Federal holidays. environmental, and energy aspects of 14 CFR Part 39 To get the service information this proposed AD. If you contact us through a nonwritten communication [Docket No. FAA–2004–19616; Directorate identified in this proposed AD, contact Identifier 2004–CE–38–AD] CENTRAIR, Aerodome B.P.N. 44, 36300 and that contact relates to a substantive Le Blanc, France; telephone: part of this proposed AD, we will RIN 2120–AA64 02.54.37.07.96; facsimile: summarize the contact and place the summary in the docket. We will Airworthiness Directives; CENTRAIR 02.54.37.48.64. consider all comments received by the 101 Series Gliders To view the comments to this proposed AD, go to http://dms.dot.gov. closing date and may amend this AGENCY: Federal Aviation This is docket number FAA–2004– proposed AD in light of those comments Administration (FAA), DOT. 19616. and contacts.

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Docket Information Bulletin No. 101–22, dated March 13, on other CENTRAIR 101 series gliders of Where can I go to view the docket 2001. the same type design that are registered information? You may view the AD What are the provisions of this service in the United States, we are proposing docket that contains the proposal, any information? The service bulletin AD action to replace incorrectly heat- comments received, and any final includes procedures for: treated elevator or aileron hinge pins, disposition in person at the DMS Docket —Immediately inspecting (visually and which could result in failure of the Offices between 9 a.m. and 5 p.m. with dye penetrant) the aileron and elevator or ailerons. Such failure during (eastern standard time), Monday elevator hinge pins for cracks; takeoff, landing, or flight operations through Friday, except Federal holidays. —Immediately replacing any hinge pins could lead to loss of glider control. The Docket Office (telephone 1–800– found with longitudinal cracks as a What would this proposed AD 647–5227) is located on the plaza level result of the above inspection; and require? This proposed AD would —Eventually replacing any installed of the Department of Transportation require you to replace with P/N SY991A elevator or aileron hinge pins that are NASSIF Building at the street address hinge pins any installed elevator or stated in ADDRESSES. You may also view not P/N SY991A hinge pins with P/ N SY991A pins. aileron hinge pins that are not P/N the AD docket on the Internet at SY991A hinge pins. http://dms.dot.gov. The comments will What action did the DGAC take? The be available in the AD docket shortly DGAC classified this service bulletin as How does the revision to 14 CFR part after the DMS receives them. mandatory and issued French AD 39 affect this proposed AD? On July 10, Number 2001–247(A), dated June 27, 2002, we published a new version of 14 Discussion 2001, to ensure the continued CFR part 39 (67 FR 47997, July 22, What events have caused this airworthiness of these gliders in France. 2002), which governs FAA’s AD system. proposed AD? The Direction Ge´ne´rale Did the DGAC inform the United This regulation now includes material de l’Aviation Civile (DGAC), which is States under the bilateral airworthiness that relates to altered products, special the airworthiness authority for France, agreement? These CENTRAIR 101 series flight permits, and alternative methods recently notified FAA that an unsafe gliders are manufactured in France and of compliance. This material previously condition may exist on all CENTRAIR are type-certificated for operation in the was included in each individual AD. 101 series gliders. The DGAC reports United States under the provisions of Since this material is included in 14 occurrences of improperly heat-treated section 21.29 of the Federal Aviation CFR part 39, we will not include it in aileron and elevator hinge pins installed Regulations (14 CFR 21.29) and the future AD actions. on the CENTRAIR 101 series gliders. applicable bilateral airworthiness Costs of Compliance Incorrectly heat-treated elevator or agreement. aileron hinge pins could result in Under this bilateral airworthiness How many gliders would this longitudinal cracks that cause failure of agreement, the DGAC has kept us proposed AD impact? We estimate that the elevator or ailerons. CENTRAIR has informed of the situation described this proposed AD affects 57 gliders in made available new hinge pins (part above. the U.S. registry. number (P/N) SY991A) to replace any FAA’s Determination and Requirements incorrectly heat-treated elevator or What would be the cost impact of this of This Proposed AD aileron hinge pins or hinge pins with proposed AD on owners/operators of the longitudinal cracks. What has FAA decided? We have affected gliders? We estimate the What is the potential impact if FAA examined the DGAC’s findings, following costs to do this proposed took no action? Failure of the elevator reviewed all available information, and elevator and aileron hinge pin or ailerons during takeoff, landing, or determined that AD action is necessary replacement. We have no way of flight operations could lead to loss of for products of this type design that are determining the number of gliders that glider control. certificated for operation in the United may need this hinge pin replacement. Is there service information that States. However, we have presented the costs to applies to this subject? CENTRAIR has Since the unsafe condition described reflect all 57 gliders needing the issued Socie´te´ Nouvelle Centrair Service previously is likely to exist or develop mandatory replacement:

Total cost Total cost on U.S. Labor cost Parts cost per operators

4 workhours × $65 per hour = $260 ...... $1 $261 $261 × 57 = $14,877

Regulatory Findings the reasons discussed above, I certify a copy of this summary by sending a that this proposed AD: request to us at the address listed under Would this proposed AD impact 1. Is not a ‘‘significant regulatory ADDRESSES. Include ‘‘AD Docket FAA– various entities? We have determined action’’ under Executive Order 12866; 2004–19616; Directorate Identifier that this proposed AD would not have 2. Is not a ‘‘significant rule’’ under the 2004–CE–38–AD’’ in your request. federalism implications under Executive DOT Regulatory Policies and Procedures This proposed rulemaking is Order 13132. This proposed AD would (44 FR 11034, February 26, 1979); and promulgated under the authority in not have a substantial direct effect on 3. Will not have a significant subtitle VII, part A, subpart III, section the States, on the relationship between economic impact, positive or negative, 44701, General requirements. Under the National Government and the States, on a substantial number of small entities that section, the FAA is charged with or on the distribution of power and under the criteria of the Regulatory prescribing minimum standards responsibilities among the various Flexibility Act. required in the interest of safety for the levels of government. We prepared a summary of the costs design of aircraft. This proposed Would this proposed AD involve a to comply with this proposed AD and regulation is within the scope of that significant rule or regulatory action? For placed it in the AD Docket. You may get authority since it corrects an unsafe

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condition in the design of the aircraft PART 39—AIRWORTHINESS What Gliders Are Affected by This AD? caused by incorrectly heat-treated DIRECTIVES (c) This AD affects Models 101, 101A, elevator or aileron hinge pins, which 101AP, and 101P gliders, all serial numbers, 1. The authority citation for part 39 could result in failure of the elevator or without elevator and aileron part number continues to read as follows: ailerons. Such failure during takeoff, SY991A hinge pins installed, certificated in landing, or flight operations could lead Authority: 49 U.S.C. 106(g), 40113, 44701. any category. to loss of glider control. § 39.13 [Amended] What Is the Unsafe Condition Presented in This AD? List of Subjects in 14 CFR Part 39 2. The FAA amends § 39.13 by adding the following new airworthiness (d) This AD is the result of mandatory Air transportation, Aircraft, Aviation directive (AD): continuing airworthiness information (MCAI) safety, Safety. issued by the airworthiness authority for CENTRAIR: Docket No. FAA–2004–19616; France. The actions specified in this AD are Directorate Identifier 2004–CE–38–AD The Proposed Amendment intended to replace incorrectly heat-treated When Is the Last Date I Can Submit elevator or aileron hinge pins, which could Accordingly, under the authority Comments on This Proposed AD? result in failure of the elevator or ailerons. delegated to me by the Administrator, (a) We must receive comments on this Such failure during takeoff, landing, or flight the Federal Aviation Administration proposed airworthiness directive (AD) by operations could lead to loss of glider proposes to amend 14 CFR part 39 as January 14, 2005. control. follows: What Other ADs Are Affected by This What Must I Do To Address This Problem? Action? (e) To address this problem, you must do (b) None. the following:

Actions Compliance Procedures

(1) Replace any installed elevator and aileron Within the next 25 hours time-in-service (TIS) Follow Socie´te´ Nouvelle Centrair Service Bul- hinge pins that are not part number (P/N) after the effective date of this AD, unless al- letin No. 101–22, dated March 13, 2001. SY991A hinge pins with P/N SY991A hinge ready done. pins. (2) Do not install any elevator and aileron As of the effective date of this AD ...... Not Applicable. hinge pins that are not P/N SY991A hinge pins as specified in paragraph (e)(1) of this AD.

May I Request an Alternative Method of Issued in Kansas City, Missouri, on few requests to open from 11 p.m. to 7 Compliance? December 6, 2004. a.m., each day, and all day during the (f) You may request a different method of Scott L. Sedgwick, winter months December 1 through compliance or a different compliance time Acting Manager, Small Airplane Directorate, March 31. This action is expected to for this AD by following the procedures in 14 Aircraft Certification Service. help relieve the bridge owner from the CFR 39.19. Unless FAA authorizes otherwise, [FR Doc. 04–27196 Filed 12–10–04; 8:45 am] burden of crewing the bridge at all times send your request to your principal BILLING CODE 4910–13–P while continuing to meet the present inspector. The principal inspector may add needs of navigation. comments and will send your request to the DATES: Comments must reach the Coast Manager, Standards Office, Small Airplane Directorate, FAA. For information on any DEPARTMENT OF HOMELAND Guard on or before February 11, 2005. already approved alternative methods of SECURITY ADDRESSES: You may mail comments to compliance, contact Greg Davison, Aerospace Commander (obr), First Coast Guard Engineer, FAA, Small Airplane Directorate, Coast Guard District, Bridge Branch, One South 901 Locust, Room 301, Kansas City, Missouri Street, Battery Park Building, New York, 64106; telephone: (816) 329–4130; facsimile: 33 CFR Part 117 New York, 10004, or deliver them to the (816) 329–4090. [CGD01–04–127] same address between 7 a.m. and 3 Is There Other Information That Relates to p.m., Monday through Friday, except, This Subject? RIN 2115–AE47 Federal holidays. The telephone number is (212) 668–7165. The First Coast (g) French AD Number 2001–247(A), dated Drawbridge Operation Regulations; Guard District, Bridge Branch, June 27, 2001, also addresses the subject of Shrewsbury River, NJ this AD. maintains the public docket for this AGENCY: Coast Guard, DHS. rulemaking. Comments and material May I Get Copies of the Documents received from the public, as well as ACTION: Referenced in This AD? Notice of proposed rulemaking. documents indicated in this preamble as (h) To get copies of the documents SUMMARY: The Coast Guard proposes to being available in the docket, will referenced in this AD, contact CENTRAIR, change the drawbridge operating become part of this docket and will be Aerodome B.P.N. 44, 36300 Le Blanc, France; regulations governing the operation of available for inspection or copying at telephone: 02.54.37.07.96; facsimile: the First Coast Guard District, Bridge 02.54.37.48.64. To view the AD docket, go to the Route 36 Bridge, mile 1.8, across the Shrewsbury River at Highlands, New Branch, 7 a.m. to 3 p.m., Monday the Docket Management Facility; U.S. through Friday, except Federal holidays. Department of Transportation, 400 Seventh Jersey. This proposed change to the Street, SW., Nassif Building, Room PL–401, drawbridge operation regulations would FOR FURTHER INFORMATION CONTACT: Joe Washington, DC, or on the Internet at http:/ allow the bridge owner to require an Arca, Project Officer, First Coast Guard /dms.dot.gov. This is docket number FAA– advance notice for bridge openings District, (212) 668–7165. 2004–19616. during periods the bridge has received SUPPLEMENTARY INFORMATION:

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Request for Comments 36 Bridge to open on signal after a 4- business, organization, or governmental We encourage you to participate in hour advance notice is given from 11 jurisdiction and you have questions this rulemaking by submitting p.m. to 7 a.m., each day, and all day, concerning its provisions or options for comments or related material. If you do from December 1 through March 31. compliance, please contact us in writing at, Commander (obr), First Coast Guard so, please include your name and Regulatory Evaluation address, identify the docket number for District, Bridge Branch, 408 Atlantic this rulemaking (CGD01–04–127), This proposed rule is not a Avenue, Boston, MA. 02110–3350. The indicate the specific section of this ‘‘significant regulatory action’’ under telephone number is (617) 223–8364. document to which each comment section 3(f) of Executive Order 12866, The Coast Guard will not retaliate applies, and give the reason for each Regulatory Planning and Review, and against small entities that question or comment. Please submit all comments does not require an assessment of complain about this rule or any policy and related material in an unbound potential costs and benefits under or action of the Coast Guard. 6(a)(3) of that Order. The Office of format, no larger than 81⁄2 by 11 inches, Collection of Information suitable for copying. If you would like Management and Budget has not to know if they reached us, please reviewed it under that Order. It is not This proposed rule would call for no enclose a stamped, self-addressed ‘‘significant’’ under the regulatory new collection of information under the postcard or envelope. We will consider policies and procedures of the Paperwork Reduction Act of 1995 (44 all comments and material received Department of Homeland Security. U.S.C. 3501–3520.). We expect the economic impact of during the comment period. We may Federalism change this proposed rule in view of this proposed rule to be so minimal that them. a full Regulatory Evaluation, under the A rule has implications for federalism regulatory policies and procedures of under Executive Order 13132, Public Meeting DHS, is unnecessary. Federalism, if it has a substantial direct We do not now plan to hold a public This conclusion is based on the fact effect on State or local governments and meeting. But you may submit a request that the bridge will continue to open for would either preempt State law or for a meeting by writing to the First vessel traffic at all times after the impose a substantial direct cost of Coast Guard District, Bridge Branch, at advance notice is given. compliance on them. We have analyzed this proposed rule under that Order and the address under ADDRESSES explaining Small Entities why one would be beneficial. If we have determined that it does not have determine that one would aid this Under the Regulatory Flexibility Act implications for federalism. (5 U.S.C. 601–612), we considered rulemaking, we will hold one at a time Unfunded Mandates Reform Act and place announced by a later notice whether this proposed rule would have in the Federal Register. a significant economic impact on a The Unfunded Mandates Reform Act substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires Background The term ‘‘small entities’’ comprises Federal agencies to assess the effects of The Route 36 Bridge, mile 1.8, across small businesses, not-for-profit their discretionary regulatory actions. In the Shrewsbury River at Highlands, organizations that are independently particular, the Act addresses actions New Jersey, has a vertical clearance of owned and operated and are not that may result in the expenditure by a 35 feet at mean high water and 39 feet dominant in their fields, and State, local, or tribal government, in the at mean low water. governmental jurisdictions with aggregate, or by the private sector of The existing regulations listed at 33 populations of less than 50,000. $100,000,000 or more in any one year. CFR 117.755, require the Route 36 The Coast Guard certifies under Though this proposed rule would not Bridge to open on signal; except that, section 5 U.S.C. 605(b), that this result in such an expenditure, we do from May 15 through October 15, 7 a.m. proposed rule would not have a discuss the effects of this rule elsewhere to 8 p.m., the draw need open only on significant economic impact on a in this preamble. the hour and half hour. substantial number of small entities. The bridge owner, New Jersey This conclusion is based on the fact Taking of Private Property Department of Transportation (NJDOT), that the bridge will continue to open for This proposed rule would not effect a requested a change to the drawbridge vessel traffic at all times after the taking of private property or otherwise operation regulations that govern the advance notice is given. have taking implications under E.O. Route 36 Bridge to allow the bridge If you think that your business, 12630, Governmental Actions and owner to require a 4-hour advance organization, or governmental Interference with Constitutionally notice for bridge openings from 11 p.m. jurisdiction qualifies as a small entity Protected Property Rights. to 7 a.m., each day, and all day from and that this rule would have a December 1 through March 31. The significant economic impact on it, Civil Justice Reform bridge rarely opens after 11 p.m. and please submit a comment (see This proposed rule meets applicable during the winter months. This ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of proposed rule, if adopted, would help qualifies and how and to what degree Executive Order 12988, Civil Justice relieve the bridge owner from the this rule would economically affect it. Reform, to minimize litigation, burden of crewing the bridge during eliminate ambiguity, and reduce Assistance for Small Entities time periods when the bridge has had burden. few requests to open. Under section 213(a) of the Small Business Regulatory Enforcement Protection of Children Discussion of Proposal Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule This proposed change would amend we want to assist small entities in under Executive Order 13045, 33 CFR 117.755(a) by revising paragraph understanding this proposed rule so that Protection of Children from (a), which lists the Route 36 Bridge they can better evaluate its effects on Environmental Health Risks and Safety drawbridge operation regulations. This them and participate in the rulemaking. Risks. This rule is not an economically proposed change would allow the Route If the rule would affect your small significant rule and would not create an

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environmental risk to health or risk to a categorical exclusion under section ENVIRONMENTAL PROTECTION safety that may disproportionately affect 2.B.2 of the Instruction. Therefore, this AGENCY children. rule is categorically excluded, under 40 CFR Part 93 Indian Tribal Governments figure 2–1, paragraph (32)(e), of the Instruction, from further environment [OAR–2003–0049; FRL–7847–2] This rule does not have tribal documentation because it has been implications under Executive Order determined that the promulgation of Options for PM2.5 and PM10 Hot-Spot 13175, Consultation and Coordination operating regulations or procedures for Analyses in the Transportation with Indian Tribal Governments, drawbridges are categorically excluded. Conformity Rule Amendments for the because it would not have a substantial New PM2.5 and Existing PM10 National direct effect on one or more Indian List of Subjects in 33 CFR Part 117 Ambient Air Quality Standards tribes, on the relationship between the Federal Government and Indian tribes, Bridges. AGENCY: Environmental Protection Agency (EPA). or on the distribution of power and Regulations responsibilities between the Federal ACTION: Supplemental notice of Government and Indian tribes. For the reasons set out in the proposed rule. preamble, the Coast Guard proposes to Energy Effects SUMMARY: This supplemental proposal amend 33 CFR part 117 as follows: We have analyzed this rule under follows EPA’s recent final rule that Executive Order 13211, Actions PART 117—DRAWBRIDGE includes most of the transportation Concerning Regulations That OPERATION REGULATIONS conformity requirements for the new 8- Significantly Affect Energy Supply, hour ozone and fine particulate matter Distribution, or Use. We have 1. The authority citation for part 117 (PM2.5) national ambient air quality standards. In today’s action, EPA is determined that it is not a ‘‘significant continues to read as follows: energy action’’ under that order because requesting further comment on options it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 499; Department of for consideration of localized emissions under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1; 33 impacts of individual transportation CFR 1.05–1(g); section 117.255 also issued likely to have a significant adverse effect projects in particulate matter (PM2.5 and under the authority of Pub. L. 102–587, 106 on the supply, distribution, or use of PM10) nonattainment and maintenance energy. The Administrator of the Office Stat. 5039. areas. The Clean Air Act requires federally supported highway and transit of Information and Regulatory Affairs 2. Section 117.755 is amended by projects to be consistent with (‘‘conform has not designated it as a significant revising paragraph (a) to read as follows: energy action. Therefore, it does not to’’) the purpose of a state air quality require a Statement of Energy Effects §117.755 Shrewsbury River. implementation plan. EPA has under Executive Order 13211. consulted with the Department of (a) The Route 36 Bridge, mile 1.8, at Transportation (DOT), and DOT concurs Technical Standards Highlands, New Jersey, shall open on with this supplemental proposal. The National Technology Transfer signal; except that: DATES: Written comments on this and Advancement Act (NTTAA) (15 (1) From 11 p.m. to 7 a.m. the draw supplemental proposal must be received U.S.C. 272 note) directs agencies to use shall open on signal after at least a 4- on or before January 12, 2005. voluntary consensus standards in their hour advance notice is given. ADDRESSES: Submit your comments, regulatory activities unless the agency (2) From May 15 through October 15, identified by Docket ID No. OAR–2003– provides Congress, through the Office of 7 a.m. to 8 p.m., the draw need open on 0049 by one of the following methods: Management and Budget, with an • the hour and half hour only. Federal eRulemaking Portal: http:// explanation of why using these www.regulations.gov. Follow the on-line standards would be inconsistent with (3) From December 1 through March instructions for submitting comments. applicable law or otherwise impractical. 31, the draw shall open on signal at all • Agency Web site: http:// Voluntary consensus standards are times after at least a 4-hour advance www.epa.gov/edocket. EDOCKET, EPA’s technical standards (e.g., specifications notice is given. electronic public docket and comment of materials, performance, design, or (4) The owners of the bridge shall system, is EPA’s preferred method for operation; test methods; sampling provide and keep in good legible receiving comments. Follow the on-line procedures; and related management instructions for submitting comments. condition, two clearance gauges, with • systems practices) that are developed or figures not less than eight inches high, E-mail: [email protected]. adopted by voluntary consensus • Fax: 202–566–1741. designed, installed, and maintained standards bodies. • Mail: Air Docket, Environmental This proposed rule does not use according to the provisions of § 118.160 Protection Agency, Mailcode: 6102T, technical standards. Therefore, we did of this chapter. 1200 Pennsylvania Avenue, NW., not consider the use of voluntary * * * * * Washington, DC, 20460, Attention consensus standards. Dated: November 29, 2004. Docket ID No. OAR–2003–0049. • Hand Delivery: EPA Docket Center, Environment David P. Pekoske, room B102, EPA West Building, 1301 We have analyzed this proposed rule Rear Admiral, U.S. Coast Guard, Commander, Constitution Avenue NW, Washington under Commandant Instruction First Coast Guard District. DC. Such deliveries are only accepted M16475.1D, which guides the Coast [FR Doc. 04–27217 Filed 12–10–04; 8:45 am] during the Docket’s normal hours of Guard in complying with the National BILLING CODE 4910–15–P operation, and special arrangements Environmental Policy Act of 1969 should be made for deliveries of boxed (NEPA) (42 U.S.C. 4321–4370f), and information. have concluded that there are no factors Instructions: Direct your comments to in this case that would limit the use of Docket ID No. OAR–2003–0049. EPA’s

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policy is that all comments received comment. Electronic files should avoid Conformity Group, Transportation and will be included in the public docket the use of special characters, any form Regional Programs Division, U.S. without change and may be made of encryption, and be free of any defects Environmental Protection Agency, 2000 available online at http://www.epa.gov/ or viruses. For additional information Traverwood Road, Ann Arbor, MI edocket, including any personal about EPA’s public docket visit 48105, e-mail address: information provided, unless the EDOCKET on-line or see the Federal [email protected], telephone comment includes information claimed Register of May 31, 2002 (67 FR 38102). number: (734) 214–4574, fax number to be Confidential Business Information For additional instructions on 734–214–4052; or Laura Berry, State (CBI) or other information whose submitting comments, go to Unit I.C. of Measures and Conformity Group, disclosure is restricted by statute. Do the SUPPLEMENTARY INFORMATION section Transportation and Regional Programs not submit information that you of this document. Division, U.S. Environmental Protection consider to be CBI or otherwise Docket: All documents in the docket Agency, 2000 Traverwood Road, Ann protected through EDOCKET, are listed in the EDOCKET index at Arbor, MI 48105, e-mail address: regulations.gov, or e-mail. The EPA http://www.epa.gov/edocket. Although [email protected], telephone number: EDOCKET and the federal listed in the index, some information is (734) 214–4858, fax number 734–214– regulations.gov Web sites are not publicly available, i.e., CBI or other 4052. ‘‘anonymous access’’ systems, which information whose disclosure is SUPPLEMENTARY INFORMATION: The means EPA will not know your identity restricted by statute. Certain other contents of this preamble are listed in or contact information unless you material, such as copyrighted material, the following outline: provide it in the body of your comment. is not placed on the Internet and will be publicly available only in hard copy I. General Information If you send an e-mail comment directly II. Background form. Publicly available docket to EPA without going through III. PM2.5 Hot-Spot Analyses EDOCKET or regulations.gov, your e- materials are available either IV. PM10 Hot-Spot Analyses mail address will be automatically electronically in EDOCKET or in hard V. Minor Change for Compliance With PM2.5 captured and included as part of the copy at the Air Docket, EPA/DC, EPA SIP Control Measures comment that is placed in the public West, Room B102, 1301 Constitution VI. Statutory and Executive Order Reviews Avenue, NW., Washington, DC. The docket and made available on the I. General Information Internet. If you submit an electronic Public Reading Room is open from 8:30 comment, EPA recommends that you a.m. to 4:30 p.m., Monday through A. Does This Action Apply to Me? include your name and other contact Friday, excluding legal holidays. The Entities potentially regulated by the information in the body of your telephone number for the Public conformity rule are those that adopt, comment and with any disk or CD–ROM Reading Room is (202) 566–1744, and approve, or fund transportation plans, you submit. If EPA cannot read your the telephone number for the Air Docket programs, or projects under title 23 comment due to technical difficulties is (202) 566–1742. U.S.C. or title 49 U.S.C. Regulated and cannot contact you for clarification, FOR FURTHER INFORMATION CONTACT: categories and entities affected by EPA may not be able to consider your Rudy Kapichak, State Measures and today’s action include:

Category Examples of regulated entities

Local government ...... Local transportation and air quality agencies, including metropolitan planning organizations (MPOs). State government ...... State transportation and air quality agencies. Federal government ...... Department of Transportation (Federal Highway Administration (FHWA) and Federal Transit Administration (FTA)).

This table is not intended to be B. What Should I Consider as I Prepare CD ROM the specific information that is exhaustive, but rather provides a guide My Comments for EPA? CBI). Information so marked will not be publicly disclosed except in accordance for readers regarding entities likely to be 1. Submitting CBI affected by this supplemental proposal. with procedures set forth in 40 CFR part This table lists the types of entities of Do not submit information that you 2. which EPA is aware that potentially consider to be CBI electronically In addition to one complete version of could be regulated by the conformity through EPA’s electronic public docket the comment that includes any rule. Other types of entities not listed in or by e-mail. Send or deliver information claimed as CBI, a copy of the table could also be regulated. To information identified as ‘‘CBI only’’ to the comment that does not contain the determine whether your organization is the following address: Attention: Joe information claimed as CBI must be regulated by this action, you should Pedelty, State Measures and Conformity submitted for inclusion in the public carefully examine the applicability Group, Transportation and Regional docket and EPA’s electronic public requirements in § 93.102 of the Programs Division, U.S. Environmental docket. If you submit the copy that does transportation conformity rule. If you Protection Agency, 2000 Traverwood not contain CBI on disk or CD ROM, have questions regarding the Road, Ann Arbor, MI 48105, Docket ID mark the outside of the disk or CD ROM applicability of this action to a No. OAR–2003–0049. You may claim clearly indicating that it does not information that you submit to EPA as contain CBI. Information not marked as particular entity, consult the persons CBI by marking any part or all of that CBI will be included in the public listed in the preceding FOR FURTHER information as CBI (if you submit CBI docket and EPA’s electronic public INFORMATION CONTACT section. on disk or CD ROM, mark the outside docket without prior notice. If you have of the disk or CD ROM as CBI and then any questions about CBI or the identify electronically within the disk or procedures for claiming CBI, please

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consult Joe Pedelty. He can be contacted address, and an e-mail address or other as this may adversely affect our ability at: Joe Pedelty, State Measures and contact information in the body of your to read these submissions. Conformity Group, Transportation and comment. You should also include this 2. By Mail Regional Programs Division, U.S. contact information on the outside of Environmental Protection Agency, 2000 any disk or CD ROM you submit, and Send two copies of your comments to: Traverwood Road, Ann Arbor, MI in any cover letter accompanying the Air Docket, Environmental Protection 48105, e-mail address: disk or CD ROM. This ensures that you Agency, Mailcode: 6102T, 1200 [email protected], telephone number: can be identified as the submitter of the Pennsylvania Avenue, NW., (734) 214–4410, fax number (734) 214– comment and allows EPA to contact you Washington, DC, 20460, Attention 4052. in case EPA cannot read your comment Docket ID No. OAR–2003–0049. due to technical difficulties or needs 3. By Hand Delivery or Courier 2. Tips for Preparing Your Comments further information on the substance of When submitting comments, your comment. EPA’s policy is that EPA Deliver two copies of your comments remember to: will not edit your comment, and any to: EPA Docket Center, Room B102, EPA • Identify the rulemaking by docket identifying or contact information West Building, 1301 Constitution number and other identifying provided in the body of a comment will Avenue, NW., Washington, DC., information (subject heading, Federal be included as part of the comment that Attention Air Docket ID No. OAR–2003– Register date and page number). is placed in the official public docket, 0049. Such deliveries can only be • Follow directions—The agency may and made available in EPA’s electronic accepted during the Docket’s normal ask you to respond to specific questions public docket. However, if EPA cannot hours of operation as identified in or organize comments by referencing a read your comment due to technical Section I.B.1. Code of Federal Regulations (CFR) part difficulties and cannot contact you for 4. By Facsimile or section number. clarification, EPA may not be able to Fax your comments to: (202) 566– • Explain why you agree or disagree; further consider your comment. 1741, Attention Docket ID. No. OAR– suggest alternatives and substitute i. EPA Dockets. Your use of EPA’s 2003–0049. language for your requested changes. electronic public docket to submit • Describe any assumptions and comments to EPA electronically is D. How Can I Get Copies of This provide any technical information and/ EPA’s preferred method for receiving Document? or data that you used. comments. Go directly to EPA Dockets 1. Docket • If you estimate potential costs or at http://www.epa.gov/edocket, and burdens, explain how you arrived at follow the online instructions for EPA has established an official public your estimate in sufficient detail to submitting comments. To access EPA’s docket for this action under Docket ID allow for it to be reproduced. electronic public docket from the EPA No. OAR–2003–0049. The official • Provide specific examples to Internet Home Page, select ‘‘Information public docket consists of the documents illustrate your concerns, and suggest Sources,’’ ‘‘Dockets,’’ and ‘‘EPA specifically referenced in this action, alternatives. Dockets.’’ Once in the system, select any public comments received, and • Explain your views as clearly as ‘‘search,’’ and then key in Docket ID No. other information related to this action. possible, avoiding the use of profanity OAR–2003–0049. The system is an Although a part of the official docket, or personal threats. ‘‘anonymous access’’ system, which the public docket does not include • Make sure to submit your means EPA will not know your identity, Confidential Business Information (CBI) comments by the comment period e-mail address, or other contact or other information whose disclosure is deadline identified. information unless you provide it in the restricted by statute. The official public body of your comment. docket is the collection of materials that 3. Docket Copying Costs ii. E-mail. Comments may be sent by is available for public viewing at the Air You may pay a reasonable fee for electronic mail (e-mail) to a-and-r- Docket in the EPA Docket Center, (EPA/ copying docket materials. [email protected], Attention Air Docket DC) EPA West, Room B102, 1301 ID No. OAR–2003–0049. In contrast to Constitution Avenue, NW., Washington, C. How and to Whom Do I Submit EPA’s electronic public docket, EPA’s e- DC. The EPA Docket Center Public Comments? mail system is not an ‘‘anonymous Reading Room is open from 8:30 a.m. to You may submit comments access’’ system. If you send an e-mail 4:30 p.m., Monday through Friday, electronically, by mail, by facsimile, or comment directly to the docket without excluding legal holidays. The telephone through hand delivery/courier. To going through EPA’s electronic public number for the Public Reading Room is ensure proper receipt by EPA, identify docket, EPA’s e-mail system (202) 566–1744, and the telephone the appropriate docket identification automatically captures your e-mail number for the Air Docket is (202) 566– number in the subject line on the first address. E-mail addresses that are 1742. page of your comment. Please ensure automatically captured by EPA’s e-mail that your comments are submitted system are included as part of the 2. Electronic Access within the specified comment period. comment that is placed in the official You may access this Federal Register Comments received after the close of the public docket, and are thus made document electronically through EPA’s comment period will be marked ‘‘late.’’ available in EPA’s electronic public Transportation Conformity Web site at Although EPA is not required to docket. http://www.epa.gov/otaq/transp/ consider these late comments, we may iii. Disk or CD ROM. You may submit traqconf.htm. You may also access this do so as appropriate, considering time comments on a disk or CD ROM that document electronically under the and volume constraints. you mail to the mailing address ‘‘Federal Register’’ listings at http:// identified in Section I.C.2. These www.epa.gov/fedrgstr/. 1. Electronically electronic submissions will be accepted An electronic version of the public If you submit an electronic comment only in either WordPerfect or ASCII file docket is available through EPA’s as prescribed below, EPA recommends format. Please avoid the use of special electronic public docket and comment that you include your name, mailing characters and any form of encryption, system, EPA Dockets. You may use EPA

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Dockets at http://www.epa.gov/edocket/ brief description written by the docket conformity under the new ozone and to submit or view public comments, staff. PM2.5 standards (68 FR 62690). EPA is access the index listing of the contents For additional information about conducting its conformity rulemakings of the official public docket, and to EPA’s electronic public docket visit EPA for the new standards in the context of access those documents in the public Dockets online or see 67 FR 38102, May EPA’s broader strategies for docket that are available electronically. 31, 2002. implementing the new ozone and PM2.5 Once in the system, select ‘‘search,’’ II. Background standards. then key in the appropriate docket identification number. A. What Is Transportation Conformity? The final rule also incorporated all of the amendments resulting from a Certain types of information will not Transportation conformity is required be placed in the EPA Dockets. separate June 30, 2003 proposal (68 FR under Clean Air Act section 176(c) (42 38974). This proposal addressed the Information claimed as CBI and other U.S.C. 7506(c)) to ensure that federally March 2, 1999 court ruling by the U.S. information for which disclosure is supported highway and transit project Court of Appeals for the District of restricted by statute is not included in activities are consistent with (‘‘conform Columbia Circuit (Environmental the official public docket and will not to’’) the purpose of the state air quality be available for public viewing in EPA’s implementation plan (SIP). Conformity Defense Fund v. EPA, et al., 167 F. 3d electronic public docket. EPA’s policy is currently applies to areas that are 641, D.C. Cir. 1999), and incorporated that copyrighted material will not be designated nonattainment, and those existing federal guidance consistent placed in EPA’s electronic public docket redesignated to attainment after 1990 with the court decision. but will be available only in printed, (‘‘maintenance areas’’ with plans B. Why Are We Issuing This paper form in the official public docket. developed under Clean Air Act section Supplemental Proposal? To the extent feasible, publicly available 175A) for the following transportation- docket materials will be made available related criteria pollutants: ozone, In the November 2003 proposal, EPA 1 in EPA’s electronic public docket. When particulate matter (PM2.5 and PM10), presented several options concerning a document is selected from the index carbon monoxide (CO), and nitrogen hot-spot analyses in PM2.5 and PM10 list in EPA Dockets, the system will dioxide (NO2). Conformity to the nonattainment and maintenance areas. identify whether the document is purpose of the SIP means that EPA received substantial comment on available for viewing in EPA’s electronic transportation activities will not cause this portion of the November 2003 public docket. Although not all docket new air quality violations, worsen proposal. After considering these materials may be available existing violations, or delay timely comments, EPA, in consultation with electronically, you may still access any attainment of the relevant national the Department of Transportation of the publicly available docket ambient air quality standards (NAAQS materials through the docket facility (DOT), has decided to request further or ‘‘standards’’). EPA’s transportation public comment through this identified in Section I.B.1. above. EPA conformity rule establishes the criteria supplemental proposal on PM and intends to work towards providing and procedures for determining whether 2.5 PM hot-spot analyses, including electronic access in the future to all of transportation activities conform to the 10 the publicly available docket materials SIP. additional options for PM2.5 and PM10 through EPA’s electronic public docket. EPA first promulgated the hot-spot requirements and those options For public commenters, it is transportation conformity rule on presented in the November 2003 important to note that EPA’s policy is November 24, 1993 (58 FR 62188), and proposal. EPA is not requesting today that public comments, whether subsequently published a further comment on any other issues submitted electronically or in paper, comprehensive set of amendments on raised in the November 2003 proposal will be made available for public August 15, 1997 (62 FR 43780) that or the July 1, 2004 final rule. viewing in EPA’s electronic public clarified and streamlined language from EPA will address all comments docket as EPA receives them and the 1993 rule. EPA has made other received on PM2.5 and PM10 hot-spot without change, unless the comment smaller amendments to the rule both analysis requirements both in response contains copyrighted material, CBI, or before and after the 1997 amendments. to the November 2003 proposal as well other information for which disclosure Most recently, on July 1, 2004, EPA as this supplemental proposal in a final published a final rule (69 FR 40004) that is restricted by statute. When EPA rulemaking after the close of the identifies a comment containing amends the current conformity rule to comment period. EPA intends to copyrighted material, EPA will provide accomplish three objectives. The final complete its rulemaking on PM and a reference to that material in the rule: 2.5 version of the comment that is placed in • Provides conformity procedures for PM10 hot-spot requirements before PM2.5 EPA’s electronic public docket. The state and local agencies under the new nonattainment designations become effective. The existing PM hot-spot entire printed comment, including the ozone and PM2.5 air quality standards; 10 copyrighted material, will be available • Incorporates existing EPA and DOT conformity requirements are not in the public docket. federal guidance into the conformity affected by today’s supplemental Public comments submitted on rule consistent with a March 2, 1999 proposal, and continue to apply in PM10 computer disks that are mailed or U.S. Court of Appeals decision; and nonattainment and maintenance areas • delivered to the docket will be Streamlines and improves the unless and until EPA makes any final transferred to EPA’s electronic public conformity rule. rule changes in response to this docket. Public comments that are The July 1, 2004 final conformity rule supplemental proposal. incorporated most of the provisions mailed or delivered to the docket will be EPA has consulted with DOT, our from the November 5, 2003 proposal for scanned and placed in EPA’s electronic federal partners in implementing the public docket. Where practical, physical 1 transportation conformity regulation, in objects will be photographed, and the Section 93.102(b)(1) of the conformity rule defines PM2.5 and PM10 as particles with an developing this supplemental proposal, photograph will be placed in EPA’s aerodynamic diameter less than or equal to a and DOT concurs with its content. electronic public docket along with a nominal 2.5 and 10 micrometers, respectively.

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III. PM2.5 Hot-Spot Analyses hot-spot analyses for the following types 2. PM2.5 Hot-Spot Analyses Before SIP of transportation projects in PM areas: Submission A. What Are We Proposing? 10 • Projects which are located at sites at EPA is proposing the following PM2.5 1. Background which violations have been verified by hot-spot options for project-level EPA is proposing several additional monitoring data; conformity determinations that occur options for hot-spot analyses for project- • prior to the submission of a PM2.5 SIP: Projects which are located at sites • level conformity determinations in which have vehicle and roadway Options 1 and 2: Do not apply any PM hot-spot analysis requirements for PM2.5 nonattainment and maintenance emission and dispersion characteristics 2.5 any PM area before the submission of areas. Some options were proposed in that are essentially identical to those of 2.5 the PM SIP, as described in the the November 5, 2003 proposal, and sites with verified violations (including 2.5 other options are being newly proposed November 2003 proposal; sites near one at which a violation has • Option 3: Apply the existing today. Comments can be submitted on been monitored); and conformity rule’s PM10 hot-spot analysis all PM2.5 hot-spot options during the • comment period for this supplemental New or expanded bus and rail requirements with respect to PM2.5 in all proposal. The options below are listed terminals and transfer points which PM2.5 areas; • in terms of what would be required for increase the number of diesel vehicles Option 4: Apply the existing project-level conformity determinations congregating at a single location. conformity rule’s PM10 hot-spot analysis requirements with respect to PM2.5, before and after a PM2.5 SIP is submitted Section 93.123(b)(4) of the conformity unless the EPA Regional Administrator in a given PM2.5 nonattainment or rule clarifies that the requirements for or state air agency finds that localized maintenance area. Today’s proposed PM10 hot-spot quantitative analysis will PM2.5 violations are not a concern for a regulatory text combines various PM2.5 not take effect until EPA releases given PM2.5 area; or and PM10 hot-spot options as illustrative modeling guidance and announces in • Option 5: Apply the existing examples, since common sections and the Federal Register that these conformity rule’s PM hot-spot analysis paragraphs of the conformity rule would requirements are in effect. Quantitative 10 be affected under the supplemental requirements with respect to PM2.5, if hot-spot analyses use dispersion the EPA Regional Administrator or state proposal. However, EPA believes that modeling to determine the effects of air agency finds that localized PM2.5 any combination of the proposed PM2.5 motor vehicle emissions associated with violations are a concern for a given or PM10 hot-spot options could be a highway or transit project on air included in the final rule. PM2.5 area. quality. Qualitative reviews are required For Options 4 and 5, EPA intends A hot-spot analysis is defined in for all other non-exempt projects in CO localized PM concentrations to be a § 93.101 of the conformity rule for CO 2.5 and PM10 areas. Qualitative reviews are concern if the Clean Air Act and PM10 areas as an estimation of more streamlined and consider local requirements for projects are not met, likely future localized pollutant factors, such as local monitoring data that is, if projects create new violations, concentrations and a comparison of near a proposed project rather than increase the severity or frequency of those concentrations to the relevant air dispersion modeling. See Section IV. of existing violations, or delay timely quality standard. In general, a this notice for further information attainment of the PM2.5 standard. Please quantitative or qualitative hot-spot regarding EPA’s proposed options for note that Options 3–5 would extend the analysis must show that a given project retaining or changing the current existing PM hot-spot requirements does not cause or contribute to any new 10 conformity rule’s PM hot-spot analysis with respect to the PM2.5 standard, violations of the air quality standard or 10 requirements. subject to the conditions outlined in the increase the frequency or severity of In the November 5, 2003 proposal, options. EPA is not proposing to require existing violations. A hot-spot analysis PM hot-spot analyses in PM areas. assesses impacts on a scale smaller than EPA presented two options for hot-spot 10 2.5 analyses for project-level conformity Although EPA has not proposed specific an entire nonattainment or maintenance language in § 93.123(b) for Options 4 determinations in PM nonattainment area, including for example, congested 2.5 and 5, EPA has described these options and maintenance areas. Under the first roadway intersections and highways or sufficiently in this preamble to include option (Option 1), hot-spot analyses transit terminals. either or both of them in the final rule, The existing conformity rule requires would not be required for any FHWA/ if selected. a hot-spot analysis for all Federal FTA non-exempt projects in PM2.5 EPA requests comments on all of Highway Administration (FHWA) and nonattainment and maintenance areas at these options. Specifically, EPA invites Federal Transit Administration (FTA) any time. Under the second option commenters to submit any data as well funded or approved non-exempt (Option 2), quantitative PM2.5 hot-spot as argument regarding the relevant transportation projects in CO and PM10 analyses would only be required for statutory authority in support of their nonattainment and maintenance areas FHWA/FTA projects at certain types of preferred option(s). EPA requests (see 40 CFR 93.116 and 93.123). This locations if the PM2.5 SIP for an area commenters to submit any information requirement applies for all project-level identified such locations. Under Option that exists that would support Options conformity determinations that occur 2, PM2.5 hot-spot analyses would not be 1, 2, or 3. In addition, for Options 4 and both before and after a SIP is submitted required for any projects prior to the 5 above, EPA requests comment today for the CO or PM10 air quality standard. submission of a SIP and then only if the on whether state and local agencies will The type of hot-spot analysis— PM2.5 SIP in a given nonattainment area have information available to make quantitative or qualitative—varies identified susceptible types of project findings prior to PM2.5 SIP submission, depending on the type of project locations. See the November 5, 2003 and what type of information will be involved. The current conformity rule proposal (68 FR 62712–62713) for available during this time period. requires quantitative hot-spot analyses further information. These options are An EPA or state air agency finding for projects of most concern in CO and also repeated below along with the that PM2.5 localized violations are or are PM10 areas. For example, § 93.123(b)(1) additional options EPA is proposing not a concern (i.e., a ‘‘hot-spot finding’’) currently requires quantitative PM10 today. prior to PM2.5 SIP submission would be

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based on a case-by-case review of local types of locations as a localized PM2.5 that quantitative analyses would be factors for a given PM2.5 area. For air quality concern; or required for such projects that example, such a review could consider • Option C: Apply the existing significantly increase the number of the following local factors: PM2.5 conformity rule’s PM10 hot-spot analysis diesel vehicles, so that quantitative monitoring data and proximity to the requirements with respect to PM2.5 for analyses are not required for PM2.5 standard, future modeling all projects in PM2.5 areas with one insignificant vehicle increases with de projections and likelihood of new or minor addition, as described below. minimis localized emissions increases. worsening localized PM2.5 violations at Under Option B, PM2.5 hot-spot The proposed change may also cover the transportation-related project locations, analyses would only be required for cases where the number of vehicles the prevalence of heavy-duty diesel projects at the types of locations increases but emissions do not increase vehicles at certain types of locations identified in the PM2.5 SIP; no because the added vehicles are cleaner (e.g., highly congested intersections or qualitative hot-spot analyses would be (e.g., retrofitted diesel vehicles). done for any other projects. Option B large transit stations where significant 4. Quantitative PM Hot-Spot Analyses would not require hot-spot analyses for 2.5 traffic and engine idling occurs), site- and Future EPA Guidance specific terrain, meteorology, etc. As all FHWA/FTA non-exempt projects in noted in the November 2003 proposal, the PM2.5 nonattainment or maintenance For options that would require since secondary particles take several areas, as is proposed under Option C quantitative hot-spot analyses, EPA hours to form in the atmosphere giving and currently required for CO and PM10 proposes to extend the current rule’s emissions time to disperse beyond the nonattainment and maintenance areas. § 93.123(b)(3) and (b)(4) requirements immediate area of concern, hot spot If EPA finalizes Option B, we would with respect to PM2.5. Section findings under options 4 and 5 would provide guidance on how to identify 93.123(b)(3) currently requires that the be based on direct particulate emissions locations where transportation-related consultation process be used to identify that are attributable to an individual PM2.5 hot-spots may exist. Examples of the specific cases in a given project. types of possible project locations nonattainment or maintenance area under which PM quantitative hot-spot If EPA finalizes an option under include: 10 • analyses are performed, and addresses which hot-spot findings would be made, Highly congested intersections, • Large transit stations where categorical conformity determinations such findings would be made only after significant traffic and engine idling for certain transit projects and FTA discussions among federal, state, and occurs, actions in PM10 areas. A categorical local air quality and transportation • Projects involving long or steep conformity determination under the agencies through the interagency grades, or existing conformity rule and this consultation process for a given PM2.5 • Monitors where the PM2.5 standard proposal allows FTA to determine that nonattainment area. A hot-spot finding has been exceeded or violated. a quantitative hot-spot analysis is not would be made through a letter to the EPA requests comment on the above needed for a particular project if there relevant state and local air quality and examples, and requests further is modeling that shows that such a transportation agencies, MPO(s), FHWA, information regarding other types of project will not cause or contribute to FTA, and EPA (in the case of a state air project locations that should be new or worsening localized violations. agency finding). considered in possible future guidance Today’s action would also propose to EPA notes that a hot-spot finding on potential PM2.5 hot-spots in a given extend this sub-paragraph for PM2.5 and under Options 4 and 5 would not be area. Any future guidance would be allow DOT to choose to make a completed through EPA’s adequacy available for use when states prepare categorical conformity determination for process for submitted SIPs with motor their PM2.5 SIPs. PM2.5 on bus and rail terminals or vehicle emissions budgets. Hot-spot Minor change to quantitative hot-spot transfer points based on appropriate findings would be done prior to a SIP’s requirements: For Option C, EPA is modeling of various terminal sizes, submission and would not affect the proposing one minor change to the configurations, and activity levels. development of future SIPs and budgets existing rule’s PM10 requirements for Today’s proposal does not substantively for use in regional emissions analyses when quantitative analyses are required change § 93.123(b)(3) for FTA actions on for conformity determinations. in PM2.5 areas. As applied to PM2.5 hot- certain transit projects, and EPA is not spot analyses, the proposal would 3. PM2.5 Hot-Spot Analyses After SIP requesting comment on this existing Submission require that quantitative analyses be flexibility. performed in those types of project However, the proposal would modify EPA is proposing the following PM2.5 locations that the PM2.5 SIP identifies as § 93.123(b)(3) to allow FHWA to make a hot-spot options for project-level a PM2.5 hot-spot concern, in addition to categorical conformity determination for conformity determinations that occur the three types of projects where PM2.5 and PM10 on certain roadways and after the submission of a PM2.5 SIP: quantitative analysis would always be intersections based on appropriate • Option A: Do not apply any PM2.5 required, as outlined in Section III.A.1. modeling of various configurations and hot-spot analysis requirements for any This criterion would only be relevant activity levels. As described above, the PM2.5 area (i.e., Option 1 from the after the PM2.5 SIP is submitted. If EPA current rule provides for such FTA November 2003 proposal); finalizes this minor change, we propose categorical conformity determinations • Option B: Only require quantitative that it would apply to both PM2.5 and for only certain transit projects in PM10 PM2.5 hot-spot analyses for projects at PM10 hot-spot analyses. This change is areas. those types of locations that the PM2.5 described in greater detail in Section IV. We request comment on allowing SIP for a given area identifies as a of today’s supplemental proposal FHWA to make a categorical localized PM2.5 air quality concern (i.e., relating to PM10 and the reader should determination for hot-spot analyses in Option 2 from the November 2003 refer to that section for further details. appropriate cases if it believes that proposal). No quantitative or qualitative Regulatory text for this minor change is Clean Air Act requirements are met analyses would be required for projects in § 93.123(b)(1) of today’s action. without additional PM2.5 hot-spot in other types of locations, or in PM2.5 EPA also proposes to make a minor analyses. EPA also requests information areas where the SIP does not identify change to § 93.123(b)(1)(iii) to clarify on what types of roadway and

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intersection projects would be construction phase and last five years or concentrations which may cause or appropriately covered by this aspect of less at any individual site. contribute to any new violation of the today’s proposal. If finalized, EPA and See the preamble for the January 1, PM2.5 standard; increase the frequency DOT would consult on the development 1993 proposal (58 FR 3779–3780) and or severity of any existing violation; or of additional guidance on the November 24, 1993 final rule (58 FR delay timely attainment of the standard. implementation of such a provision. 62212–62213) for further information In developing this supplemental Under the proposal, the modeled regarding the intent and rationale for proposal, EPA considered several scenarios used to make the categorical these general hot-spot requirements. factors: determinations would need to be Finally, as described in the November • The Clean Air Act conformity derived in consultation with EPA, and 2003 proposal, EPA is proposing to also requirements for individual more refined analyses would be extend the requirements of § 93.125(a) transportation projects; • necessary for projects which do not of the current conformity rule to PM2.5 The current scientific meet the parameters of the modeled areas if a PM2.5 hot-spot requirement is understanding of PM2.5 hot-spots and finalized. Section 93.125(a) of the public health effects; scenario. See EPA’s January 11, 1993 • proposal (58 FR 3780) for further existing conformity rule currently The feasibility of implementing proposed options; and information on the current rule’s applies to all projects in CO and PM10 • The impact of proposed options on requirements. nonattainment and maintenance areas. state and local resources. Similar to § 93.123(b)(4) of the current As described in the November 2003 proposal and today’s action, FHWA or The following paragraphs outline how rule for PM10 areas, EPA also proposes these factors relate to the proposed to not require any quantitative PM2.5 FTA must obtain from the project sponsor and/or operator enforceable options. hot-spot analyses until EPA releases First, EPA believes that any option written commitments to implement any quantitative modeling guidance and that is selected in the final rule must required project-level control or announces in the Federal Register that ensure that all federally funded and mitigation measures, prior to making a PM2.5 quantitative modeling approved transportation projects in project-level conformity determination requirements are in effect. If EPA PM2.5 areas are consistent with Clean finalizes an option that would require in a PM2.5 nonattainment or Air Act requirements. Section maintenance area. These control or quantitative and/or qualitative PM2.5 176(c)(1)(B) of the Clean Air Act states hot-spot analyses, we would provide mitigation measures may be a condition that federally-supported transportation guidance and appropriate models for of either a National Environmental projects must not ‘‘cause or contribute carrying out such analyses in a timely Policy Act (NEPA) approval or a to any new violation of any standard in manner. EPA would consult with conformity determination for a any area; increase the frequency or conformity stakeholders when transportation plan or TIP or be severity of any existing violation of any developing quantitative guidance. included in the design concept and standard in any area; or delay timely scope of the project that is used in the 5. Other Requirements attainment of any standard or any regional emissions analysis required by required interim emission reductions or General requirements: For options §§ 93.118 or 93.119 of the conformity other milestones in any area.’’ While that would require a PM2.5 hot-spot rule, or used in the project-level hot- these statutory requirements apply at all analysis, EPA is proposing to extend the spot analysis required by § 93.116. times for highway and transit project general requirements in § 93.123(c) of These measures may be applicable conformity determinations, as noted in the current conformity rule to PM2.5 during construction and/or operation of the November 3, 2003 proposal, Section areas. EPA is not proposing any the project. Such measures would 176 (c)(3)(B)(ii) only specifically substantive changes to these already be applicable to such projects requires hot-spot analysis for projects in requirements in today’s action. Under through the mechanisms cited above; CO nonattainment areas and therefore, these current requirements, all hot-spot however, including commitments to EPA has discretion to decide if hot-spot analyses include: them in conformity determinations will analyses are necessary to protect air • The total emissions burden of direct provide an additional enforcement tool. quality in particulate matter Changes to other related existing PM2.5 emissions which may result from nonattainment and maintenance areas. the implementation of the project requirements: Today’s proposal also EPA received comments concerning this (including re-entrained road dust and includes minor clarifications with interpretation of the Agency’s statutory construction dust as applicable), respect to PM2.5 to various parts of the authority during the comment period summed together with future current conformity rule that are following the November 3, 2003 background concentrations; consistent with existing CO and PM10 proposal and invites further comments • The entire transportation project, hot-spot analysis requirements. For on this matter. after the identification of major design example, EPA has proposed to add EPA also considered what is currently features which will significantly impact PM2.5 to the current rule’s ‘‘hot-spot known about the possibility that analysis’’ definition in § 93.101. EPA local concentrations; transportation-related PM2.5 hot-spots • Consistent assumptions with those proposes that this and the other minor exist in the development of the used in regional emissions analyses for clarifications in today’s proposed November 2003 proposal and today’s inputs that are required for both regulatory text would be finalized under supplemental proposal. In the analyses (e.g., temperature, humidity); any option that would require PM2.5 hot- November 3, 2003 proposal EPA • Assumptions for the spot analyses. indicated that the Agency was not implementation of mitigation or control B. Why Are We Proposing These certain that hot-spots will occur, or that measures only where written Options? in the event such hot-spots are commitments for such measures have confirmed, that requiring a qualitative been obtained; and 1. General hot-spot analysis for every FHWA and • No temporary emissions increases EPA believes it is important to FTA project in PM2.5 nonattainment and from construction-related activities consider the full range of options for maintenance areas would provide an which occur only during the addressing localized PM2.5 environmental benefit due to the

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regional nature of PM2.5 and the spots during the comment period for criteria in the conformity rule, rather significant role of secondary formation this supplemental proposal. Please read than based on criteria identified in a of these fine particles. C. of this section for further information. SIP. Understanding whether transportation EPA also considered what would be The current conformity rule requires projects can result in PM2.5 hot-spots known about the potential for PM2.5 hot- hot-spot analyses for all non-exempt and if so, under what circumstances, spots in individual PM2.5 nonattainment FHWA/FTA projects at all times in PM10 provides a basis for considering whether areas, and as a consequence, the areas, since we believed that emissions explicit hot-spot reviews must be feasibility of implementing any produced by individual highway and required. The state of scientific research proposed option to meet statutory transit projects in these areas could continues to evolve on the relationship requirements before and after PM2.5 SIP potentially result in a new air quality between individual transportation submission. We invite state and local violation or worsen an existing projects and PM2.5 air quality. EPA agencies to comment on the feasibility violation. Option 3 relies on this same noted in the November 2003 proposal of implementing all of the proposed rationale. that most of the research studies that options, including what state or local Applying the current rule’s provisions had been reviewed at that time information would be available for in PM2.5 areas would provide an indicated that concentrations of some implementation purposes as environmentally conservative approach components of PM2.5 increase near appropriate. to any uncertainty regarding the heavily traveled roadways. In the In addition, EPA will be considering potential or prevalence of PM2.5 hot- November 2003 proposal, EPA noted its in the final rule the impact of our new spots, since some type of hot-spot review of a number of key studies that diesel fuel and engine standards analysis would be completed for every represent the range of available research (January 18, 2001, 66 FR 5002) for the non-exempt FHWA/FTA project in on the impact of on-road mobile source necessity of applying any of the PM2.5 areas. Although state and local emissions of particles on air quality near proposed options. Such standards are agencies have developed boundary roadways. The majority of these studies expected to significantly impact the recommendations for PM2.5 indicate that concentrations of some amount of particulate emissions that designations, SIPs for individual components of PM2.5, such as black will be emitted by new diesel vehicles, nonattainment areas will not be carbon and ultrafine particles, increase and consequently may impact the developed for three years after near roadways. However, many of these potential for PM2.5 transportation- designations. As a result, information studies did not measure PM2.5 directly. related hot-spots. regarding localized PM2.5 air quality challenges in individual areas may not Several studies concluded that on-road 2. PM Hot-Spot Analyses Before SIP 2.5 be available for most areas. EPA will sources were one of several contributors Submission to the concentrations measured near consider in the final rule whether roadways. Please see the November EPA has proposed several options for sufficient information is available to 2003 proposal for additional PM2.5 hot-spot analyses prior to SIP confidently confirm or eliminate the information on these and other studies submission (Options 1–5). As stated possibility of PM2.5 hot-spots for (68 FR 62713). above, our understanding of categories of project types or locations, EPA has also considered information transportation-related PM2.5 and the and as a result, if explicit hot-spot that has become available since the potential of PM2.5 hot-spots will reviews are necessary before PM2.5 SIP November 2003 proposal and has continue to develop, especially during submission. further considered the information that the time period when conformity first EPA is also proposing Options 4 and was described in the November 2003 applies for the PM2.5 standard. 5 for the time period prior to PM2.5 SIP proposal. For example, one new study EPA is again proposing Options 1 and submission, due to the evolving nature published this year examines changes in 2 which do not require any explicit of our understanding of PM2.5 air quality traffic patterns associated with a single PM2.5 hot-spot analysis for any project issues. These options would apply transportation project that can result in before PM2.5 SIP submission in PM2.5 current PM10 hot-spot requirements statistically significant differences in nonattainment and maintenance areas. with respect to PM2.5 depending on PM2.5 mass concentrations measured Please see the November 2003 proposal whether or not worsening PM2.5 along affected roadways (Burr, et al., (68 FR 62712–62713) for further concentrations would result in a new 2004). Some commenters also provided information on these options. violation or increased severity or other information regarding PM2.5 hot- EPA has also proposed to apply the frequency of an existing violation of the spots for EPA’s consideration. The existing rule’s PM10 hot-spot PM2.5 standard in an area prior to PM2.5 information available prior to the requirements to PM2.5 areas before PM2.5 SIP submission. These options would November 2003 proposal did not SIP submission (Option 3). EPA believes rely on the proposed interpretation measure PM2.5 directly and did not that this option would meet statutory stated in the November 2003 proposal isolate the effects of new transportation requirements since it relies on an (68 FR 62713): Clean Air Act section projects. However, both this information existing interpretation that has already 176(c)(1)(B) requirements could be met as well as the most recent information been implemented under the current as long as explicit reviews are does indicate a potential for higher conformity rule. In the November 24, performed at locations identified in the localized emissions and PM2.5 1993 conformity rule (58 FR 62188), PM2.5 SIP as susceptible to PM2.5 hot- concentrations near transportation EPA promulgated the existing spots. If hot-spots are found not to be a projects. EPA is considering the context conformity requirements for CO and concern (Option 4) for any projects in a for how this information was developed, PM10 hot-spot analyses. A hot-spot given area prior to PM2.5 SIP including how localized emissions analysis is currently required for all submission, then statutory requirements increases and existing background non-exempt federal projects in CO and could be met in these areas without any concentrations relate to the potential for PM10 nonattainment and maintenance explicit hot-spot review. Conversely, if localized violation of the PM2.5 areas, regardless of whether or not a SIP hot-spots are found to be a concern standard. We invite others to submit has been submitted. Quantitative hot- (Option 5) in a given area, then all data or research relevant to the spot analyses under the current rule are project-level conformity determinations existence of transportation-related hot- required for projects that meet specific in these areas should include explicit

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hot-spot reviews to ensure that statutory identify types of locations as a localized transportation-related hot-spot requirements are met. Both of these PM2.5 air quality concern. Under Option locations. One may argue that in such a options would allow EPA and states to B, EPA is proposing quantitative hot- case under Option B PM2.5 SIPs would target hot-spot requirements in PM2.5 spot analyses only for projects at need to be updated in a timely manner nonattainment areas where hot-spots locations identified in the SIP as a to reflect new information so that may or may not be an air quality localized concern, since EPA believes project-level conformity determinations concern. that if a SIP identifies such a project could be made that meet statutory As described in A.2. of this section, location as problematic, then a more requirements. On the other hand, there EPA is requesting comment on whether thorough examination of the localized may be arguments to allow the SIP state and local air agencies will have the impacts of transportation projects at process to evaluate any new information necessary data and other information to such locations is necessary to ensure prior to its use in the conformity make the hot-spot findings described in that the SIP’s purpose and Clean Air Act process. Options 4 and 5 prior to PM2.5 SIP conformity requirements are met. EPA has committed to issue SIP submission. The appropriateness and As stated in the November 2003 guidance under this option if it is feasibility of these options—that is, the proposal, Option B is consistent with finalized. Due to the evolving nature of ability to argue that section 176(c)(1)(B) the purpose of conformity, which is to our understanding of PM2.5, there may requirements are met under these ensure that federally funded or be challenges to any guidance document options—depends on whether well- approved transportation projects are that is developed in the near future. considered, informed findings will be consistent with the SIP in a given EPA requests in today’s action further possible prior to PM2.5 SIP submission. nonattainment or maintenance area. comment on whether state and local air Section 176(c)(1)(A) requires quality agencies will have the necessary 3. PM Hot-Spot Analyses After SIP 2.5 ‘‘conformity to an implementation local information and resources to Submission plan’s purpose of eliminating or specify in PM2.5 SIPs which project EPA has also proposed options for reducing the severity and number of locations are a potential PM2.5 hot-spot PM2.5 hot-spot analyses after SIP violations of the national ambient air concern, in order to support Option B submission (Options A–C). Option C quality standards and achieving and provide flexibility in the conformity would extend the existing rule’s PM10 expeditious attainment of such process. hot-spot requirements (with a minor standards * * *.’’ Under this option, State and local agencies may identify addition) to PM2.5 areas after PM2.5 SIP the SIP would define the types of types of locations in each PM2.5 SIP that submission. Similar to Option 3 for the locations where transportation projects may increase or decrease the kinds of time period before PM2.5 SIPs, EPA are a localized PM2.5 concern, and projects requiring quantitative hot-spot concludes that Option C would meet therefore, when explicit hot-spot analyses, as compared to the current statutory requirements since it relies on reviews are necessary to meet statutory conformity rule’s criteria for such PM10 existing rationale for the current requirements. hot-spot analyses. Ultimately, EPA conformity rule. For Option B, EPA is considering anticipates that this option would likely EPA also notes that extending the whether PM2.5 SIPs can be developed so result in fewer total projects having current rule’s provisions for PM10 hot- potential transportation-related hot-spot some type of PM2.5 hot-spot review as spot analyses to PM2.5 areas would locations are defined for each PM2.5 compared to the current conformity ensure that potential transportation- nonattainment and maintenance area. rule’s requirements, since not all PM2.5 related PM2.5 hot-spots for all areas are This option would be feasible in the areas may have future PM2.5 SIPs that addressed, especially in cases where it case where sufficient information exists identify hot-spots as a concern. is not possible to determine through the that allows a state to specify susceptible EPA is again proposing options for SIP process what the potential for locations for PM2.5 hot-spots are or are not requiring any explicit PM2.5 hot-spot localized PM2.5 violations would be in a not a concern. However, there may be analysis for any project after PM2.5 SIP given nonattainment or maintenance other cases where it is unclear whether submission (Option A). As stated in B.2. area. As noted previously, EPA will susceptible locations for hot-spots exist, of this section, this option could be consider in the final rule the potential or where there is a potential for finalized based on the discussion of this existence of PM2.5 hot-spots for localized PM2.5 violations but it is option in the November 3, 2003 transportation projects, and whether difficult to specify which project proposal. explicit hot-spot reviews will be needed locations could create hot-spots. EPA is 4. Specific Analysis Requirements to meet Clean Air Act requirements. requesting comment on whether such Option C would require state and local cases could occur in future PM2.5 areas, EPA continues to believe it has resources be used for all FHWA/FTA and whether other proposed options discretion both to decide if hot-spot non-exempt projects in PM2.5 areas, would be more appropriate in such analyses are necessary and to establish although EPA is proposing flexibility to cases after a PM2.5 SIP is submitted. the level of any PM2.5 hot-spot analysis require more intensive quantitative hot- EPA also requests comment on how that would be required for spot reviews only for a subset of the proposed options should be transportation projects. For example, the projects. implemented in cases where the latest options that involve applying the EPA also proposed Option B to information available on the potential existing conformity rule’s PM10 require quantitative PM2.5 hot-spot for PM2.5 hot-spots is not reflected in the requirements with respect to PM2.5 analyses only at types of project PM2.5 SIP. For example, suppose an would require quantitative hot-spot locations identified as a localized air attainment demonstration for the PM2.5 analyses only for certain projects. quality concern in a given PM2.5 SIP. standard is developed that specifies that Qualitative hot-spot analyses would be When the SIP identifies such locations, there are no project locations completed under these options for other a quantitative hot-spot analysis would susceptible to PM2.5 hot-spots. However, projects that are not subject to be completed for affected projects. No after the attainment demonstration is quantitative analyses. Applying the qualitative analyses would be required submitted, information becomes current conformity rule’s approach for for projects in other types of locations, available outside the SIP process that requiring dispersion modeling only at or in PM2.5 areas where the SIP does not indicates that there may be potential certain project locations would

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streamline PM2.5 hot-spot reviews and IV. PM10 Hot-Spot Analyses • Option 3: Only apply the existing conformity rule’s PM hot-spot analysis utilize state and local resources in an A. What Are We Proposing? 10 efficient and reasonable manner while requirements, if the EPA Regional still satisfying Clean Air Act 1. Background Administrator or state air agency finds requirements. EPA is proposing several options for that localized PM10 violations are a concern for a given PM area; or EPA’s minor proposal to add a new PM10 hot-spot analyses in today’s action 10 • criterion under Option C to for project-level conformity Option 4: Delete the current PM10 § 93.123(b)(1) of the regulatory text for determinations in PM10 nonattainment hot-spot analysis requirements from the when PM quantitative hot-spot analyses and maintenance areas. As described in conformity rule and impose no hot-spot are required would ensure that Clean Section III. of today’s action, a highway analysis requirements. or transit project subject to Air Act and SIP goals are met. That is, For Options 2 and 3, EPA intends transportation conformity provisions of requiring quantitative hot-spot analyses localized PM10 violations to be a the Clean Air Act must not cause or to also be completed for types of project concern if Clean Air Act requirements contribute to any new violations of the for projects are not met, that is, if locations that the SIP identifies will air quality standard, increase the support the SIP’s goals for an individual projects create new or worsen existing frequency or severity of existing PM violations. Although EPA has not area in those cases where a state has the violations or delay timely attainment of 10 information to identify specific types of proposed specific language in any standard or interim emission § 93.123(b) for Options 3 and 4, EPA has locations. Where a state does not have reductions or milestones. described these options sufficiently in such information, EPA believes that the Comments can be submitted on all this preamble to include either or both remaining three criteria for when options during the comment period for of them in the final rule, if selected. quantitative analyses are completed this supplemental proposal. The options sufficiently cover the cases where it is below are listed in terms of what would For Options 2 and 3, EPA requests most likely to have a hot-spot occur. be required for project-level conformity comment today on whether state and determinations before and after a PM local agencies that do not already have EPA notes that this minor proposal 10 SIP is submitted in a given PM established PM10 SIPs have information would be consistent with a similar 10 nonattainment or maintenance area. available to make such findings (‘‘hot- criterion in § 93.123(a)(1)(i) of the The following paragraphs describe the spot findings’’), and what type of existing rule’s requirements for November 5, 2003 proposal’s PM10 hot- information would be available in the quantitative CO hot-spot analyses. This spot options along with new options future for those limited number of PM10 criterion requires quantitative CO hot- proposed for comment today. Today’s areas without PM10 SIPs. An EPA or spot analyses ‘‘[f]or projects in or proposed regulatory text combines state hot-spot finding that localized affecting locations, areas, or categories various PM2.5 and PM10 hot-spot options PM10 violations are or are not a concern of sites which are identified in the as illustrative examples, since common prior to PM10 SIP submission would be applicable implementation plan as sites sections and paragraphs of the based on a case-by-case review of local of violation or possible violation; conformity rule would be affected under factors for a given PM10 area. For ***.’’ the supplemental proposal. However, example, such a review could consider EPA believes that any combination of the following local factors: PM 5. Other Requirements 10 the proposed PM2.5 or PM10 hot-spot monitoring data and proximity to the Finally, EPA is proposing to apply the options could be included in the final PM10 standard, future modeling rule. current conformity rule’s other projections and likelihood of new or As described in Section III., the worsening localized PM10 violations at provisions for conducting hot-spot existing conformity rule requires some analyses with respect to PM for any transportation-related project locations, 2.5 type of hot-spot analyses for all FHWA/ the prevalence of heavy-duty diesel option that requires a PM hot-spot 2.5 FTA non-exempt projects in CO and vehicles at certain types of locations analysis. As described in A.5. of this PM10 nonattainment and maintenance (e.g., highly congested intersections or section, these minor proposed changes areas (see 40 CFR 93.116 and 93.123). large transit stations where significant would not substantively change these These requirements currently apply for traffic and engine idling occurs), site- provisions of the current conformity all project-level conformity specific terrain, meteorology, etc. rule (e.g., §§ 93.123(c) and 93.125(a)). determinations that occur before and These proposed changes would allow after a SIP is submitted for these The proposed rule would require hot- spot findings under the proposed EPA to implement any PM hot-spot standards. 2.5 options to be made only after requirement in the final rule, if 2. PM10 Hot-Spot Analyses Prior to SIP discussions with federal, state, and local necessary. Submission air quality and transportation agencies C. Request for PM2.5 Hot-Spot In today’s supplemental proposal, through the interagency consultation Information EPA is proposing the following PM10 process for a given PM10 nonattainment hot-spot options for project-level area. A hot-spot finding would be made EPA again invites commenters to conformity determinations that occur through a letter to the relevant state and submit studies or data regarding PM2.5 prior to the submission of a PM10 SIP: local air quality and transportation hot-spots during the comment period for • Option 1: Retain the existing agencies, MPO(s), FHWA, FTA, and this supplemental proposal. All conformity rule’s PM10 hot-spot analysis EPA (in the case of a state air agency comments and information submitted requirements in all PM10 areas. finding). A hot-spot finding under the for the November 2003 proposal and • Option 2: Apply the existing proposed options would not be today’s action will be considered when conformity rule’s PM10 hot-spot analysis completed through EPA’s adequacy EPA develops the final rule that requirements, unless the EPA Regional process for submitted SIPs with motor addresses PM2.5 hot-spot requirements. Administrator or state air agency finds vehicle emissions budgets, as noted in that localized PM10 violations are not a Section III.A.2. of today’s supplemental concern for a given PM10 area; proposal.

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3. PM10 Hot-Spot Analyses After SIP for PM10 hot-spot analyses after PM10 a project will not cause or contribute to Submission SIPs are submitted. The proposal would new or worsening localized violations. add another criterion for when Today’s proposal does not substantively EPA is proposing the following PM10 hot-spot options for project-level quantitative (rather than qualitative) change § 93.123(b)(3) for FTA actions on conformity determinations that occur analyses would be performed—in those certain transit projects, and EPA is not types of project locations that the PM10 requesting comment on this existing after PM10 SIP submission: • Option A: Retain the existing SIP identifies as a PM10 hot-spot flexibility. concern. This criterion would only be However, today’s proposal would conformity rule’s PM10 hot-spot analysis requirements for FHWA/FTA non- relevant after the PM10 SIP is submitted. modify § 93.123(b)(3) of the current exempt projects in all PM areas with If EPA finalizes this minor change, it conformity rule to allow FHWA to also 10 would apply to both PM and PM one minor addition, as described below; 2.5 10 make a categorical PM2.5 or PM10 • Option B: Only require quantitative hot-spot analyses. This change is also conformity determination on certain being proposed in Section III. of today’s PM hot-spot analyses for projects at roadways and intersections based on 10 action for a similar option for PM those types of locations that the PM 2.5 appropriate modeling of various 10 analyses. Regulatory text for this minor SIP for a given area identifies as a configurations and activity levels. As change is in § 93.123(b)(1). described above, the current rule localized PM10 air quality concern. No Section 93.123(b)(1) currently qualitative analyses would be required provides for such FTA categorical requires quantitative PM10 hot-spot conformity determinations for only for projects in other types of locations, analyses for the following types of or in PM areas where the SIP does not certain transit projects in PM10 areas. 10 transportation projects: We request comment on allowing identify types of locations as a localized • Projects which are located at sites at FHWA to make a categorical PM10 air quality concern; or which violations have been verified by • determination without additional PM10 Option C: Do not apply any PM10 monitoring data; hot-spot analysis requirements for any • hot-spot analyses if it believes this Projects which are located at sites would meet Clean Air Act requirements. PM10 area and delete the current PM10 which have vehicle and roadway EPA also requests information on what requirements from the conformity rule. emission and dispersion characteristics EPA notes that all of these options types of roadway and intersection that are essentially identical to those of projects would be appropriately covered were represented in the November 2003 sites with verified violations (including proposal. As described in Section III. for by this proposal. If finalized, EPA and sites near one at which a violation has DOT would consult on the development PM2.5 PM10 quantitative hot-spot been monitored); and of additional guidance on the analyses under Option B would only be • New or expanded bus and rail implementation of such a provision. See required for projects at the types of terminals and transfer points which Section III.A.4. of today’s proposal for locations identified as a concern in the increase the number of diesel vehicles further information. PM10 SIP; no qualitative hot-spot congregating at a single location. analyses would be done for all other EPA proposes to make a minor change 4. Quantitative PM10 Hot-Spot Analyses projects. This option would not require to § 93.123(b)(1)(iii) to clarify that and Future EPA Guidance some type of hot-spot analyses for all quantitative analyses would be required If EPA finalizes an option that would projects in the PM nonattainment or 10 for such projects that significantly require quantitative PM hot-spot maintenance area, as is currently 10 increase the number of diesel vehicles, analyses, we would provide guidance required. If EPA finalizes Option B, we so that quantitative analyses are not and appropriate models for carrying out would provide guidance on how to required for insignificant vehicle such analyses in a timely manner.2 identify locations where transportation- increases with de minimis localized Section 93.123(b)(4) of the current rule related PM hot-spots may exist. The 10 emissions increases. The proposed does not require any quantitative PM majority of PM areas already have an 10 10 change may also cover the cases where hot-spot analyses until EPA releases attainment demonstration or a the number of vehicles increases but quantitative modeling guidance and maintenance plan; therefore, SIP emissions do not increase because the announces in the Federal Register that revisions may be necessary under added vehicles are cleaner (e.g., quantitative modeling requirements are Option B to identify types of locations retrofitted diesel vehicles). in effect. EPA would consult with where quantitative analyses must be EPA notes that today’s action would conformity stakeholders when performed. not change § 93.123(b)(2) of the current developing PM quantitative guidance. As described in Section III. of today’s rule for relevant options, which requires 10 notice, examples of types of project a qualitative hot-spot analysis of local 5. Other Requirements locations include: factors for all other projects, rather than • For options that require PM10 hot-spot Highly congested intersections, dispersion modeling. analyses, EPA is proposing to continue • Section 93.123(b)(3) currently Large transit stations where to apply the general requirements for requires that the consultation process be significant traffic and engine idling such analyses in §§ 93.123(c), 93.125(a), used to identify the specific cases in a occurs, and other provisions of the current • given nonattainment or maintenance Long or steep grades, or conformity rule for all PM hot-spot • area under which PM 10 Monitors where the PM10 standard 10 quantitative hot- analyses. EPA is not proposing any has been exceeded or violated. spot analyses are performed, and substantive changes to these EPA requests comment on the above addresses categorical conformity requirements. See Section III. of this examples, and requests further determinations for certain transit

information regarding other types of projects and FTA actions in PM10 areas. 2 PM10 qualitative hot-spot guidance has already project locations where potential PM10 A categorical conformity determination been issued, titled, ‘‘Federal Highway hot-spots could occur in a given area. under the existing conformity rule and Administration Guidance for Qualitative Project Minor change to quantitative hot-spot this proposal allows FTA to determine Level ‘‘Hot Spot’’ Analysis in PM–10 Nonattainment and Maintenance Areas,’’ September requirements: For Option A, EPA is that a quantitative hot-spot analysis is 2001. This guidance can be downloaded from the proposing one minor change to the not needed for a particular project if following website: http://www.epa.gov/otaq/transp/ existing conformity rule’s requirements there is modeling that shows that such conform/policy.htm

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preamble or the proposed regulatory believes it is appropriate to focus existing interpretation for the current text for further general information conformity resources where air quality conformity rule. In the November 24, regarding these requirements. issues are significant and need to be in 1993 conformity rule (58 FR 62188), place to address Clean Air Act EPA promulgated the existing B. Why Are We Proposing These requirements. To that end, EPA will conformity requirements for PM hot- Options? 10 consider information that was available spot analyses. Section 93.116 of the 1. General when the original conformity rule was current conformity rule requires an EPA considered the following factors developed, as well as new information explicit PM10 hot-spot review to be that is submitted through the in developing the PM hot-spot options completed for all non-exempt federal 10 rulemaking process or has otherwise projects in PM nonattainment and in the November 2003 proposal and 10 become available. For example, in 1993, maintenance areas, regardless of today’s action: EPA believed that typically sized bus • The Clean Air Act conformity whether or not a SIP has been terminals or transfer points would not submitted. EPA believed that emissions requirements for individual create PM hot-spots, however, we produced by individual highway and transportation projects in PM areas; 10 10 decided that it was practical to require transit projects in PM nonattainment • The current scientific 10 a determination to that effect to ensure and maintenance areas could potentially understanding of PM hot-spots and 10 that Clean Air Act requirements were result in a new air quality violation or public health effects; • The feasibility of implementing met. We also believed at that time that worsen an existing violation. Option 1 direct PM emissions would be capable would continue to rely on this same proposed options; and 10 • The impact of proposed options on of causing violations only in conditions rationale. of unusually heavy diesel truck/bus EPA is also proposing today Options state and local resources. 2 and 3 to apply current PM hot-spot As stated in the November 2003 traffic and limited dispersion, such as 10 street canyons (January 11, 1993, 58 FR requirements depending on whether or proposal, EPA believes it is important to 3780). On the other hand, EPA may not not new or worsening localized PM10 re-evaluate the need for hot-spot have fully considered the role of re- violations could occur in a given area analyses for PM10 nonattainment and entrained road dust in contributing to prior to PM10 SIP submission. These maintenance areas. EPA is addressing potential PM hot-spots. EPA will options would rely on the proposed hot-spots in PM areas, in addition to 10 10 consider all past and current interpretation stated in the November PM areas in this SNPRM, because of 2.5 information on the potential for PM 2003 proposal (68 FR 62713): Clean Air the similarity between sources of these 10 hot-spots in the development of the Act section 176(c)(1)(B) requirements two pollutants and the similarity of the final rule. could be met as long as explicit reviews requirements. For example, both types In addition, EPA will be considering are performed at locations susceptible to of particulate matter result from tailpipe in the final rule the impact of our new PM10 hot-spots. If hot-spots are found emissions, as well as brake and tire diesel fuel and engine standards not to be a potential concern (Option 2) wear, and in some areas, road dust. (January 18, 2001, 66 FR 5002) for the in a given area, then EPA believes that PM10 includes particles that are 2.5 necessity of applying any of the statutory requirements could be met in microns in diameter and smaller, as proposed options. Such standards are these areas without an explicit hot-spot well as particles that range from 2.5 expected to significantly impact the review. Conversely, if potential hot- microns to 10 microns. In addition, amount of particulate emissions that spots are found to be a concern (Option because we are soliciting comment on a will be emitted by new diesel vehicles, 3) in a given area, then all project-level range of options for hot-spot analyses in and consequently may impact the conformity determinations in these PM2.5 areas, EPA believes it is potential for PM10 transportation-related areas should include explicit hot-spot reasonable to seek comment on a similar hot-spots. reviews to ensure that statutory range of options for hot-spot analyses in Understanding the potential for PM10 requirements are met. Both of these PM10 areas. We are soliciting input to hot-spots provides a basis for options would allow EPA and states to guide our decision on the proposed determining when explicit hot-spot target hot-spot requirements in PM10 options both before and after a PM10 SIP reviews must be required. As indicated nonattainment areas where hot-spots is submitted. The following paragraphs in the November 3, 2003 proposal, may or may not be an air quality outline how the above factors relate to section 176(c)(3)(B)(ii) specifically concern. the proposed options. requires hot-spot analyses for projects Commenters should consider the When the conformity rule was only in CO nonattainment areas. practical impact of all of the options promulgated in 1993, EPA interpreted EPA also considered the feasibility of that are being proposed for the time Clean Air Act section 176(c)(1)(B) to implementing any proposed option to period prior to PM10 SIP submission. require PM10 hot-spot analyses because meet statutory requirements before and Since most PM10 nonattainment and of the requirement to ensure that after PM10 SIP submission. We invite maintenance areas already have transportation activities do not create state and local agencies to comment on submitted or approved PM10 SIPs, the new violations, worsen existing the feasibility of implementing all of the proposed options may impact a small violations or delay timely attainment of proposed options, including what state number of PM10 areas. EPA requests the air quality standard (January 11, or local information would be available information on the appropriateness of 1993, 58 FR 3776). Any option that is for implementation purposes. the proposed options in any PM10 areas selected in the final rule must be without SIPs, including whether there consistent with these Clean Air Act 2. PM10 Hot-Spot Analyses Before SIP are unique circumstances of these areas requirements, which apply at all times Submission that would be relevant to the potential for highway and transit project EPA has proposed to apply the for PM10 hot-spots and necessity of conformity determinations. existing rule’s PM10 hot-spot project-level conformity analyses. EPA’s developing understanding of requirements to PM10 areas before PM10 As described in A.2. of this section, potential PM10 hot-spots is one of the SIP submission (Option 1). EPA believes EPA is requesting comment on whether factors that needs to be considered for that this option would meet statutory state and local air agencies that have not applying the proposed options. EPA requirements since it relies on the yet established PM10 SIPs will have the

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necessary information to make the hot- locations identified in the SIP as a some type of PM10 hot-spot review as spot findings described in Options 2 localized concern, since EPA believes compared to the current conformity and 3. The appropriateness and that if a SIP identifies such a project rule’s requirements, since not all PM10 feasibility of these options in meeting location, then a more thorough areas may have future PM10 SIPs that Clean Air Act requirements depends on examination of the localized impacts of identify hot-spots as a concern. whether well-considered, informed projects at such locations is necessary to Finally, EPA is again proposing findings will be possible prior to PM10 ensure that the SIP’s purpose and Clean options for not requiring any explicit SIP submission. Air Act conformity requirements are PM10 hot-spot analysis for any project EPA is again proposing Option 4 to met. after PM10 SIP submission (Option C), not require any explicit PM10 hot-spot As indicated in the November 2003 for reasons cited above and in the analysis for any project before PM10 SIP proposal, Option B is consistent with November 2003 proposal. submission in PM nonattainment and the purpose of conformity, which is to 10 4. Specific Analysis Requirements and maintenance areas. See the November 5, ensure that federally funded or Other Requirements 2003 proposal (68 FR 62713—62714) for approved transportation projects are further information. consistent with the SIP in a given EPA continues to believe it has nonattainment or maintenance area. See discretion to define what level of PM10 3. PM Hot-spot Analyses After SIP 10 Section III.B. for more information hot-spot analysis would be required for Submission regarding similar rationale for PM2.5. proposed options that involve such EPA continues to consider the However, it is unclear how Option B analyses, as described in Section III. of November 2003 proposal’s options for would be implemented in current PM10 today’s proposal. EPA believes that PM10 hot-spot analyses after SIP nonattainment and maintenance areas applying the current conformity rule’s submission (Options A–C). Option A since most PM10 areas may not have approach would streamline hot-spot would continue to apply the existing considered the potential for PM10 hot- reviews and utilize state and local rule’s PM10 hot-spot requirements (with spots during the development of resources in an efficient and reasonable a minor addition) after PM10 SIP existing PM10 SIPs. In such cases, manner while still satisfying Clean Air submission. Similar to Option 1 for the should existing SIPs be revised to Act requirements. time period before PM10 SIPs, EPA consider potential PM10 hot-spots? Finally, EPA has proposed to add a concludes that Option A would meet Should states evaluate the potential for new criterion for when quantitative statutory requirements since it relies on PM10 hot-spots outside the SIP process? PM10 hot-spot analyses are completed existing rationale for the current How do the practical circumstances of after a PM10 SIP is submitted for Option conformity rule. Option B affect the other proposed PM10 A. As stated in Section III.B., EPA Like similar PM2.5 hot-spot options options? EPA requests comments on all believes that if Option A is finalized for discussed in Section III., EPA notes that of these questions. PM10 hot-spot requirements, retaining the current PM10 hot-spot Like PM2.5 SIPs, EPA is also quantitative analyses should also be requirements would ensure that considering whether PM10 SIPs can be done if the PM10 SIP identifies certain potential transportation-related hot- developed so potential transportation- types of locations as a PM10 hot-spot spots for all areas are addressed, related hot-spot locations are defined for concern. Since the primary intent of the especially in cases where it is not each PM10 nonattainment and Clean Air Act is to ensure consistency possible to determine through the SIP maintenance area. EPA is requesting between transportation decisions and process the potential for localized PM10 comment on whether such cases could SIP air quality objectives, it is violations in a given nonattainment or occur in PM10 areas, and whether other appropriate to require more intensive maintenance area. EPA will consider in proposed options would be more hot-spot reviews in cases where the SIP the final rule the potential existence of appropriate in such cases after a PM10 specifically identifies a type of PM10 hot-spots for transportation SIP is submitted. EPA also requests transportation project location as having projects, and whether explicit hot-spot comment on how the proposed options the potential to increase local emissions reviews will be needed to meet Clean should be implemented in cases where and worsen air quality. EPA notes that Air Act requirements. Option A would the latest information available on the this minor proposal would be consistent require state and local resources be used potential for PM10 hot-spots is not with a similar criterion in for all FHWA/FTA non-exempt projects reflected in the PM10 SIP. See Section § 93.123(a)(1)(i) of the existing rule’s in PM10 areas, although the existing III.B.3. of today’s proposal for further requirements for quantitative CO hot- conformity rule and today’s proposal information. spot analyses. streamlines hot-spot analyses for EPA has committed to issue SIP EPA is also proposing to retain the projects that do not require quantitative guidance under this option if it is existing conformity rule’s general analyses. finalized. EPA requests further comment provisions for conducting PM10 hot-spot EPA also proposed Option B to on whether state and local air quality analyses for those options that would require quantitative PM10 hot-spot agencies will have the necessary local apply the existing rule’s requirements. analyses only at types of project information and resources to specify in Examples would include related locations identified as a localized air PM10 SIPs which project locations are a provisions in §§ 93.101, 93.123, and quality concern in a given PM10 SIP. potential PM10 hot-spot concern, in 93.125 of the conformity rule. When the SIP identifies such locations, order to support Option B and provide a quantitative hot-spot analysis would flexibility in the conformity process. C. Request for PM10 Hot-Spot be completed for affected projects. No State and local agencies may identify Information qualitative analyses would be required types of locations in each PM10 SIP that EPA again invites commenters to for projects in other types of locations, may increase or decrease the kinds of submit studies or data regarding PM10 or in PM10 areas where the SIP does not projects requiring quantitative hot-spot hot-spots during the comment period for identify types of locations as a localized analyses, as compared to current this supplemental proposal. All PM10 air quality concern. Under Option conformity requirements. EPA information submitted for the November B, EPA is proposing quantitative hot- anticipates that this option would likely 2003 proposal and today’s action will be spot analyses only for projects at result in fewer total projects having considered when EPA develops the final

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rule that addresses PM10 hot-spot President’s priorities, or the principles burden estimates for transportation requirements. set forth in the Executive Order. conformity determinations under the It has been determined that this new 8-hour ozone and PM standards. V. Minor Change for Compliance With 2.5 supplemental proposal is not a EPA received comments on both the PM SIP Control Measures 2.5 ‘‘significant regulatory action’’ under initial burden estimates provided in the Today EPA is proposing a small the terms of Executive Order 12866 and November 5, 2003 proposal (68 FR change to the footnote at the bottom of is therefore not subject to review by the 62720) and on the revised estimates in Table 2 in § 93.126. Section 93.126 is Office of Management and Budget the January 2004 ICR (69 FR 336). EPA titled, ‘‘Exempt projects’’ and Table 2 (OMB). responded to all of these comments, lists these projects under several B. Paperwork Reduction Act including accounting for some PM2.5 different headings. Projects listed in the hot-spot burden during the time period table are exempt from the requirement The information collection of the ICR in the final ICR that was to determine conformity, and may requirements for this supplemental submitted to OMB for approval for all proceed even in the absence of a proposal have been submitted for aspects of the conformity rulemaking conformity transportation plan and TIP. approval to OMB under the Paperwork effort for the new air quality standards Today’s proposed change would add Reduction Act, 44 U.S.C. 3501 et seq. (ICR 2130.02). EPA estimated burden in ‘‘and PM2.5’’ after ‘‘PM10’’ in the footnote and as ICR 2130.02. The information this ICR based on implementing the at the bottom of Table 2. Currently, the collection requirements are not most intensive options proposed. footnote reads, ‘‘Note: In PM10 enforceable until OMB approves them. Burden means the total time, effort, or nonattainment or maintenance areas, Transportation conformity financial resources expended by persons such projects are exempt only if they are determinations are required under Clean to generate, maintain, retain, or disclose in compliance with control measures in Air Act section 176(c) (42 U.S.C. or provide information to or for a federal the applicable implementation plan.’’ 7506(c)) to ensure that federally agency. This includes the time needed However, PM2.5 areas also need to be supported highway and transit project to review instructions; develop, acquire, included in this note to make § 93.126 activities are consistent with (‘‘conform install and utilize technology and consistent with § 93.117. In the July 1, to’’) the purpose of the SIP. Conformity systems for the purposes of collecting, 2004, final rule, EPA updated § 93.117, to the purpose of the SIP means that validating, and verifying information, which discusses compliance with transportation activities will not cause processing and maintaining control measures in PM areas, to or contribute to new air quality information, and disclosing and include PM2.5 as well as PM10. EPA violations, worsen existing violations, or providing information; adjust the should have updated the footnote in delay timely attainment of the relevant existing ways to comply with any § 93.126 in the July 1, 2004 rule; we are air quality standards. Transportation previously applicable instructions and proposing to correct this oversight in conformity applies under EPA’s requirements; train personnel to be able today’s action. With this change, conformity regulations at 40 CFR parts to respond to a collection of projects on the exempt list in § 93.126 51.390 and 93 to areas that are information; search data sources; would be exempt in a PM2.5 area only designated nonattainment and those complete and review the collection of if they are in compliance with control redesignated to attainment after 1990 information; and transmit or otherwise measures in the applicable SIP. (‘‘maintenance areas’’ with SIPs disclose the information. developed under Clean Air Act section VI. Statutory and Executive Order An agency may not conduct or 175A) for transportation-source criteria Reviews sponsor, and a person is not required to pollutants. The Clean Air Act gives EPA respond to a collection of information A. Executive Order 12866: Regulatory the statutory authority to establish the unless it displays a currently valid OMB Planning and Review criteria and procedures for determining control number. The OMB control Under Executive Order 12866, (58 FR whether transportation activities numbers for EPA’s regulations in 40 51735; October 4, 1993) the Agency conform to the SIP. CFR are listed in 40 CFR part 9. When must determine whether the regulatory Amendments in today’s supplemental ICR 2130.02 is approved by OMB, the action is ‘‘significant’’ and therefore proposal that are related to conformity Agency will publish a technical subject to review and the requirements requirements in existing PM10 amendment to 40 CFR part 9 in the of the Executive Order. The Order nonattainment and maintenance areas Federal Register to display the OMB defines significant ‘‘regulatory action’’ do not impose any new information control number for the approved as one that is likely to result in a rule collection requirements from EPA that information collection requirements. require approval by OMB under the that may: C. Regulatory Flexibility Act (1) Have an annual effect on the Paperwork Reduction Act of 1980, 44 economy of $100 million or more, or U.S.C. 3501 et seq. An agency may not The Regulatory Flexibility Act, as otherwise adversely affect in a material conduct or sponsor, and a person is not amended by the Small Business way the economy, a sector of the required to respond to a collection of Regulatory Enforcement Fairness Act of economy, productivity, competition, information, unless it displays a 1996, requires the Agency to conduct a jobs, the environment, public health or currently valid OMB control number. regulatory flexibility analysis of any safety, or State, local, or tribal The information collection requirements significant impact a rule will have on a governments or communities; of EPA’s existing transportation substantial number of small entities. (2) Create a serious inconsistency or conformity rule and any revisions in Small entities include small businesses, otherwise interfere with an action taken today’s action for existing PM10 areas small not-for-profit organizations and or planned by another agency; are covered under the DOT information small government jurisdictions. (3) Materially alter the budgetary collection request (ICR) entitled, For purposes of assessing the impacts impact of entitlements, grants, user fees, ‘‘Metropolitan and Statewide of today’s final rule on small entities, or loan programs or the rights and Transportation Planning,’’ with the small entity is defined as: (1) A small obligations of recipients thereof; OMB control number of 2132–0529. business as defined by the Small (4) Raise novel legal or policy issues EPA provided two opportunities for Business Administration’s (SBA) arising out of legal mandates, the public comment on the incremental regulations at 13 CFR 121.201; (2) a

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small governmental jurisdiction that is a informing, educating, and advising promote communications between EPA government of a city, county, town, small governments on compliance with and State and local governments, EPA school district or special district with a the regulatory requirements. specifically solicits comment on this population of less than 50,000; and (3) EPA has determined that this proposed rule from State and local a small organization that is any not-for- supplemental proposal itself does not officials. profit enterprise which is independently contain a Federal mandate that may F. Executive Order 13175: Consultation owned and operated and is not result in expenditures of $100 million or and Coordination With Indian Tribal dominant in its field. more for State, local, and tribal After considering the economic governments, in the aggregate, or the Governments impacts of today’s final rule on small private sector in any one year. The Executive Order 13175: ‘‘Consultation entities, I certify that this action will not primary purpose of this supplemental and Coordination with Indian Tribal have a significant economic impact on proposal is to determine requirements Governments’’ (65 FR 67249, November a substantial number of small entities. for hot-spot analyses in PM2.5 and PM10 6, 2000) requires EPA to develop an This regulation directly affects federal nonattainment and maintenance areas. accountable process to ensure agencies and metropolitan planning Clean Air Act section 176(c)(5) requires ‘‘meaningful and timely input by tribal organizations that, by definition, are the applicability of conformity to such officials in the development of designated under federal transportation areas as a matter of law one year after regulatory policies that have tribal laws only for metropolitan areas with a nonattainment designations. Thus, implications.’’ ‘‘Policies that have tribal population of at least 50,000. These although this rule explains how these implications’’ is defined in the organizations do not constitute small analyses should be conducted, it merely Executive Order to include regulations entities within the meaning of the implements already established law that that have ‘‘substantial direct effects on Regulatory Flexibility Act. imposes conformity requirements and one or more Indian tribes, on the does not itself impose requirements that relationship between the Federal D. Unfunded Mandates Reform Act may result in expenditures of $100 government and the Indian tribes, or on Title II of the Unfunded Mandates million or more in any year. Thus, the distribution of power and Reform Act of 1995 (UMRA), Public today’s supplemental proposal is not responsibilities between the Federal Law 104–4, establishes requirements for subject to the requirements of sections government and Indian tribes.’’ federal agencies to assess the effects of 202 and 205 of the UMRA and EPA has Today’s proposed amendments to the their regulatory actions on state, local, not prepared a statement with respect to conformity rule do not significantly or and tribal governments and the private budgetary impacts. uniquely affect the communities of sector. Under section 202 of the UMRA, Indian tribal governments, as the Clean EPA generally must prepare a written E. Executive Order 13132: Federalism Air Act requires transportation statement, including a cost-benefit Executive Order 13132, entitled conformity to apply in any area that is analysis, for proposed and final rules ‘‘Federalism’’ (64 FR 43255, August 10, designated nonattainment or with ‘‘Federal mandates’’ that may 1999), requires EPA to develop an maintenance by EPA. This result in expenditures to State, local, accountable process to ensure supplemental proposal would and tribal governments, in the aggregate, ‘‘meaningful and timely input by State incorporate into the conformity rule or to the private sector, of $100 million and local officials in the development of provisions addressing newly designated or more in any one year. Before regulatory policies that have federalism PM 2.5 nonattainment and maintenance promulgating an EPA rule for which a implications.’’ ‘‘Policies that have areas subject to conformity requirements written statement is needed, section 205 federalism implications’’ is defined in under the Act that would not have of the UMRA generally requires EPA to the Executive Order to include substantial direct effects on tribal identify and consider a reasonable regulations that have ‘‘substantial direct governments, on the relationship number of regulatory alternatives and effects on the States, on the relationship between the Federal government and adopt the least costly, most cost- between the national government and Indian tribes, or on the distribution of effective or least burdensome alternative the States, or on the distribution of power and responsibilities between the that achieves the objectives of the rule. power and responsibilities among the Federal government and Indian tribes, The provisions of section 205 do not various levels of government.’’ as specified in Executive Order 13175. apply when they are inconsistent with This proposed rule does not have Accordingly, the requirements of applicable law. Moreover, section 205 federalism implications. It will not have Executive Order 13175 are not allows EPA to adopt an alternative other substantial direct effects on the States, applicable to this supplemental than the least costly, most cost-effective on the relationship between the national proposal. or least burdensome alternative if the government and the States, or on the Administrator publishes with the final distribution of power and G. Executive Order 13045: Protection of rule an explanation why that alternative responsibilities among the various Children from Environmental Health was not adopted. Before EPA establishes levels of government, as specified in and Safety Risks any regulatory requirements that may Executive Order 13132. The Clean Air Executive Order 13045: ‘‘Protection of significantly or uniquely affect small Act requires conformity to apply in Children from Environmental Health governments, including tribal certain nonattainment and maintenance Risks and Safety Risks’’ (62 FR 19885, governments, it must have developed areas as a matter of law, and this April 23, 1997) applies to any rule that: under section 203 of the UMRA a small supplemental action merely proposes to (1) Is determined to be ‘‘economically government agency plan. The plan must establish and revise procedures for significant’’ as defined under Executive provide for notifying potentially transportation planning entities in Order 12866, and (2) concerns an affected small governments, enabling subject areas to follow in meeting their environmental health or safety risk that officials of affected small governments existing statutory obligations. Thus, EPA has reason to believe may have a to have meaningful and timely input in Executive Order 13132 does not apply disproportionate effect on children. If the development of EPA regulatory to this rule. the regulatory action meets both criteria, proposals with significant Federal In the spirit of Executive Order 13132, the Agency must evaluate the intergovernmental mandates, and and consistent with EPA policy to environmental health or safety effects of

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the planned rule on children, and Dated: December 7, 2004. (i) * * * explain why the planned regulation is Michael O. Leavitt, (1) FHWA/FTA projects in PM2.5 preferable to other potentially effective Administrator. nonattainment or maintenance areas and reasonably feasible alternatives For the reasons set out in the must satisfy the appropriate hot-spot considered by the Agency. preamble, 40 CFR part 93 is proposed to test required by § 93.116(a). This supplemental proposal is not be amended as follows: * * * * * 5. In §93.116 the section heading and subject to Executive Order 13045 PART 93—[AMENDED] because it is not economically paragraph (a) are revised to read as significant within the meaning of 1. The authority citation for part 93 follows: Executive Order 12866 and does not continues to read as follows: § 93.116 Criteria and procedures: involve the consideration of relative Authority: 42 U.S.C. 7401–7671q. Localized CO, PM10, and PM2.5 violations environmental health or safety risks on (hot-spots). § 93.101 [Amended] children. (a) This paragraph applies at all times. 2. Section 93.101 is amended in the The FHWA/FTA project must not cause H. Executive Order 13211: Actions That first sentence of the definition for ‘‘Hot- or contribute to any new localized CO, Significantly Affect Energy Supply, spot analysis’’ by removing ‘‘CO and PM10, and/or PM2.5 violations or Distribution or Use PM10’’ and adding in its place ‘‘CO, increase the frequency or severity of any PM10, and/or PM2.5’’. existing CO, PM , and/or PM This supplemental proposal is not 3. Section 93.105(c)(1)(v) is revised to 10 2.5 violations in CO, PM , and PM subject to Executive Order 13211, read as follows: 10 2.5 ‘‘Action Concerning Regulations That nonattainment and maintenance areas. Significantly Affect Energy Supply, § 93.105 Consultation. This criterion is satisfied if it is demonstrated that during the time frame Distribution, or Use’’ (66 FR 28355; May * * * * * of the transportation plan (or regional 22, 2001) because it will not have a (c) * * * emissions analysis) no new local significant adverse effect on the supply, (1) * * * (v) Identifying, as required by violations will be created and the distribution, or use of energy. Further, § 93.123(b), projects located at sites in severity or number of existing violations we have determined that this PM and PM nonattainment areas will not be increased as a result of the supplemental proposal is not likely to 10 2.5 which have vehicle and roadway project. The demonstration must be have any significant adverse effects on emission and dispersion characteristics performed according to the consultation energy supply. which are essentially identical to those requirements of § 93.105(c)(1)(i) and the I. National Technology Transfer and at sites which have violations verified methodology requirements of § 93.123. Advancement Act by monitoring, and therefore require * * * * * quantitative PM10 and/or PM2.5 hot-spot 6. Section 93.123 is amended as Section 12(d) of the National analysis; follows: Technology Transfer and Advancement * * * * * a. Revising the section heading; Act of 1995 (‘‘NTTAA’’), Public Law No. 4. Section 93.109 is amended as b. Revising the first sentence of 104–113, section 12(d) (15 U.S.C. 272 follows: paragraph (a)(1) introductory text; note) directs EPA to use voluntary a. In Table 1 of paragraph (b), revising c. Amending paragraph (b) by either: consensus standards in its regulatory both entries for ‘‘§ 93.116’’; Under Option A activities unless to do so would be b. By redesignating paragraphs (i)(1) inconsistent with applicable law or and (2) as paragraphs (i)(2) and (3) and i. Revising paragraph (b)(1)(iii); otherwise impractical. Voluntary adding new paragraph (i)(1); ii. Adding new paragraph (b)(1)(iv); consensus standards are technical c. In paragraph (k) by removing ‘‘CO and standards (e.g., materials specifications, and PM10’’ and adding in its place ‘‘CO, iii. Revising paragraph (b)(3); or test methods, sampling procedures, and PM10, and PM2.5’’; and d. In paragraph (l)(1) by removing Under Option B business practices) that are developed or ‘‘(‘‘Localized CO and PM10 violations i. Revising paragraph (b)(1) and (2); adopted by voluntary consensus (hot spots)’’)’’ and adding in its place and standards bodies. The NTTAA directs ‘‘(‘‘Localized CO, PM10, and PM2.5 ii. Removing paragraph (b)(3) and EPA to provide Congress, through OMB, violations (hot-spots)’’)’’. redesignating paragraph (b)(4) as (b)(3); explanations when the Agency decides d. Amending paragraph (c)(4) by not to use available and applicable § 93.109 Criteria and procedures for removing ‘‘PM10 or CO’’ in the first voluntary consensus standards. determining conformity of transportation plans, programs, and projects: General. sentence and adding in its place ‘‘CO, This supplemental proposal does not PM , or PM ’’; and e. Amending * * * * * 10 2.5 involve technical standards. Therefore, (b) * * * paragraph (c)(5) by removing ‘‘CO and the use of voluntary consensus PM10’’ in the first sentence and adding standards does not apply to this TABLE 1.—CONFORMITY CRITERIA in its place ‘‘CO, PM10, and PM2.5’’. supplemental proposal. § 93.123 Procedures for determining List of Subjects in 40 CFR Part 93 localized CO, PM10, and PM2.5 *****concentrations (hot-spot analysis). § 93.116 ...... CO, PM , and PM Environmental protection, 10 2.5 (a) CO hot-spot analysis. (1) The Administrative practice and procedure, hot spots *****demonstrations required by § 93.116 Air pollution control, Carbon monoxide, § 93.116 ...... CO, PM 10, and PM 2.5 (‘‘Localized CO, PM10, and PM2.5 Intergovernmental relations, Nitrogen hot spots violations’’) must be based on dioxide, Ozone, Particulate matter, *****quantitative analysis using the Transportation, Volatile organic applicable air quality models, data compounds. * * * * * bases, and other requirements specified

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in 40 CFR part 51, Appendix W modeling of various configurations and Identification Section, Emergency (Guideline on Air Quality activity levels. Preparedness and Response Directorate, Models).* * * * * * * * Federal Emergency Management * * * * * Agency, 500 C Street, SW., Washington, § 93.125 [Amended] Option A for paragraph (b): DC 20472, (202) 646–2903. 7. Section 93.125(a) is amended by (b) PM10 and PM2.5 hot-spot analyses. SUPPLEMENTARY INFORMATION: The (1) * * * removing ‘‘PM10 or CO’’ in the first sentence and adding in its place ‘‘CO, Federal Emergency Management Agency (iii) New or expanded bus and rail makes the final determinations listed PM10, or PM2.5’’. terminals and transfer points which below for the modified BFEs for each significantly increase the number of § 93.126 [Amended] community listed. These modified diesel vehicles congregating at a single 8. Section 93.126 is amended in elevations have been published in location; footnote 1 by removing ‘‘PM10’’ and newspapers of local circulation and (iv) Projects in or affecting locations, adding in its place ‘‘PM10 and PM2.5’’. ninety (90) days have elapsed since that areas, or categories of sites which are publication. The Mitigation Division § 93.127 [Amended] identified in the PM10 or PM2.5 Director of the Emergency Preparedness applicable implementation plan or 9. Section 93.127 is amended by and Response Directorate has resolved implementation plan submission, as removing ‘‘CO or PM10’’ and adding in any appeals resulting from this appropriate, as sites of violation or its place ‘‘CO, PM10, or PM2.5’’. notification. possible violation. [FR Doc. 04–27171 Filed 12–10–04; 8:45 am] These proposed BFEs and modified * * * * * BILLING CODE 6560–50–P BFEs, together with the floodplain (3) The identification of the sites management criteria required by 44 CFR described in paragraphs (b)(1)(i), (ii), 60.3, are the minimum that are required. (iii), and (iv) of this section, and other DEPARTMENT OF HOMELAND They should not be construed to mean cases where quantitative methods are SECURITY that the community must change any appropriate, shall be determined existing ordinances that are more through the interagency consultation Federal Emergency Management stringent in their floodplain process required in § 93.105. DOT, in Agency management requirements. The consultation with EPA, may choose to community may at any time enact make a categorical conformity 44 CFR Part 67 stricter requirements of its own, or determination on bus and rail terminals [Docket No. FEMA–P–7665] pursuant to policies established by other or transfer points based on appropriate Federal, State, or regional entities. modeling of various terminal sizes, Proposed Flood Elevation These proposed elevations are used to configurations, and activity levels. DOT, Determinations meet the floodplain management in consultation with EPA, may also requirements of the NFIP and are also choose to make a categorical conformity AGENCY: Federal Emergency Management Agency, Emergency used to calculate the appropriate flood determination on roadways and insurance premium rates for new intersection based on appropriate Preparedness and Response Directorate, Department of Homeland Security. buildings built after these elevations are modeling of various configurations and made final, and for the contents in these ACTION: Proposed rule. activity levels. buildings. * * * * * SUMMARY: Technical information or National Environmental Policy Act Option B for paragraph (b): comments are requested on the (b) PM10 and PM2.5 hot-spot analyses. proposed Base (1% annual-chance) This proposed rule is categorically (1) The hot-spot demonstration required Flood Elevations (BFEs) and proposed excluded from the requirements of 44 by § 93.116 must be based on BFE modifications for the communities CFR part 10, Environmental quantitative analysis methods for listed below. The BFEs and modified Consideration. No environmental projects in or affecting locations, areas, BFEs are the basis for the floodplain impact assessment has been prepared. or categories of sites which are management measures that the identified in the PM10 or PM2.5 community is required either to adopt Regulatory Flexibility Act applicable implementation plan or or to show evidence of being already in The Mitigation Division Director of implementation plan submission, as effect in order to qualify or remain the Emergency Preparedness and appropriate, as sites of violation or qualified for participation in the Response Directorate certifies that this possible violation. National Flood Insurance Program rule is exempt from the requirements of (2) The identification of the sites (NFIP). described in paragraph (b)(1) of this the Regulatory Flexibility Act because DATES: The comment period is ninety section shall be determined through the modified base flood elevations are (90) days following the second interagency consultation process required by the Flood Disaster publication of this proposed rule in a required in § 93.105. DOT, in Protection Act of 1973, 42 U.S.C. 4105, newspaper of local circulation in each consultation with EPA, may choose to and are required to maintain community community. make a categorical conformity eligibility in the NFIP. No regulatory determination on bus and rail terminals ADDRESSES: The proposed BFEs for each flexibility analysis has been prepared. or transfer points based on appropriate community are available for inspection Regulatory Classification modeling of various terminal sizes, at the office of the Chief Executive configurations, and activity levels. DOT, Officer of each community. The This proposed rule is not a significant in consultation with EPA, may also respective addresses are listed in the regulatory action under the criteria of choose to make a categorical conformity table below. Section 3(f) of Executive Order 12866 of determination on roadways and FOR FURTHER INFORMATION CONTACT: September 30, 1993, Regulatory intersection based on appropriate Doug Bellomo, P.E., Hazard Planning and Review, 58 FR 51735.

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Executive Order 12612, Federalism List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, This proposed rule involves no Administrative practice and policies that have federalism 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, procedure, flood insurance, reporting 3 CFR, 1979 Comp., p. 376. implications under Executive Order and record keeping requirements. 12612, Federalism, dated October 26, § 67.4 [Amended] 1987. Accordingly, 44 CFR part 67 is proposed to be amended as follows: 2. The tables published under the Executive Order 12778, Civil Justice authority of § 67.4 are proposed to be Reform PART 67—[AMENDED] amended as follows: This proposed rule meets the applicable standards of Section 2(b)(2) 1. The authority citation for part 67 of Executive Order 12778. continues to read as follows:

♦ Elevation in feet (NAVD) Source of flooding and location of referenced elevation Communities affected Existing Modified

Alligator Bayou: At the confluence with Flat River ...... ♦ 163 ♦ 160 City of Bossier City. Approximately 1,550 feet downstream of U.S. Highway 79/80 ♦ 163 ♦ 162 Eastbound. Benoit Bayou: At the confluence with Macks Bayou Segment G and Macks ♦ 166 ♦ 168 City of Bossier City, Bossier Parish (Unincor- Bayou Segment H. porated Areas). Approximately 12,520 feet upstream of Brownlee Road ...... None ♦ 173 Bossier Ditch: Approximately 60 feet upstream of the confluence with Cooper ♦ 160 ♦ 159 City of Bossier City. Bayou and Macks Bayou Segment F. Approximately 180 feet upstream of Benton Road ...... None ♦ 170 Fifi Bayou: Just upstream of U.S. Interstate 20 ...... None ♦ 174 Bossier Parish (Unincorporated Areas). Approximately 9,000 feet upstream of Winfield Road ...... None ♦ 190 Flat River: Just upstream of State Route 527 ...... None ♦ 154 City of Bossier City, Bossier Parish (Unincor- porated Areas). Approximately 500 feet upstream of U.S. Interstate 220 West- ♦ 165 ♦ 164 bound. Flat River Drainage Canal: Just upstream of Coy Road ...... ♦ 166 ♦ 165 City of Bossier, City Bossier Parish (Unincor- porated Areas). Approximately 400 feet upstream of Airline Drive ...... ♦ 173 ♦ 174 Herndon Ditch: ...... At the confluence with Flat River ...... ♦ 156 ♦ 158 City of Bossier City, Bossier Parish (Unincor- porated Areas). Approximately 1,300 feet downstream of the confluence of ♦ 157 ♦ 158 Macks Bayou Segment B. Lake Bistineau: Entire shoreline within Bossier Parish ...... None ♦ 148 Bossier Parish (Unincorporated Areas).City of Bossier City, Bossier Parish (Unincor- porated Areas). Macks Bayou Segment A: At the confluence with Flat River ...... ♦ 156 ♦ 157 City of Bossier City. Approximately 25 feet upstream of Golden Meadows Drive ...... ♦ 156 ♦ 157 Macks Bayou Segment E: Approximately 1,025 feet upstream of the confluence with Bos- ♦ 162 ♦ 163 City of Bossier City. sier Ditch. Approximately 2,010 feet upstream of the confluence with Bos- ♦ 162 ♦ 163 sier Ditch. Macks Bayou Segment G: Approximately 650 feet upstream of Kansas City Southern Rail- ♦ 166 ♦ 167 City of Bossier City. way. At the confluence of Benoit Bayou and junction with Macks ♦ 166 ♦ 168 Bayou Segment H. Macks Bayou Segment H: Approximately 190 feet upstream of the confluence with Flat ♦ 165 ♦ 166 City of Bossier City, Bossier Parish (Unincor- River. porated Areas). At the confluence of Benoit Bayou and divergence of Macks ♦ 166 ♦ 168 Bayou Segment G. Racetrack Bayou: At the confluence with Willow Chute ...... None ♦ 166 City of Bossier City. At U.S. Interstate 220 Westbound and divergence from Macks ♦ 166 ♦ 168 Bayou Segment H. Red Chute Bayou: Approximately 12,400 feet upstream of Smith Road ...... None ♦ 154 City of Bossier City, Bossier Parish (Unincor- porated Areas).

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♦ Elevation in feet (NAVD) Source of flooding and location of referenced elevation Communities affected Existing Modified

Approximately 4,050 feet upstream of Dogwood Trail ...... ♦ 165 ♦ 169

City of Bossier City Maps are available for inspection at City Hall, 620 Benton Road, Bossier City, Louisiana. Send comments to The Honorable George Dement, Mayor, City of Bossier City, City Hall, 620 Benton Road, Bossier City, Louisiana 71111. Bossier Parish (Unincorporated Areas) Maps are available for inspection at the Police Jury Office, 204 Burt Boulevard, Room 108, Benton, Louisiana. Send comments to The Honorable Rick Avery, Bossier Parish President, P.O. Box 70, Benton, Louisiana 71006.

Carter Branch: Approximately 275 feet above confluence with Mill Race ...... ♦ 943 ♦ 944 City of Carthage, Jasper County (Unincor- porated Areas). Approximately 5,030 feet upstream of East 13th Street ...... None ♦ 1,020 City Branch: Approximately 500 feet upstream of the confluence with Spring ♦ 935 ♦ 936 Jasper County (Unincorporated Areas). River. Approximately 330 feet upstream of Case Street ...... None ♦ 1,018 City of Carthage.

Addresses Jasper County (Unincorporated Areas) Maps are available for inspection at Tri-State Engineering, Inc., 1102 West 9th Street, Joplin, Missouri. Send comments to The Honorable Chuck Surface, Presiding Commissioner, 302 South Main Street, Carthage, Missouri 64836. City of Carthage Maps are available for inspection at the Engineer’s Office, 623 East 7th Street, Carthage, Missouri. Send comments to The Honorable Kenneth Johnson, Mayor, City of Carthage, 326 Grant Street, Carthage, Missouri 64836.

(Catalog of Federal Domestic Assistance No. or to show evidence of being already in These proposed BFEs and modified 83.100, ‘‘Flood Insurance’’) effect in order to qualify or remain BFEs, together with the floodplain Dated: December 7, 2004. qualified for participation in the management criteria required by 44 CFR David I. Maurstad, National Flood Insurance Program 60.3, are the minimum that are required. Acting Director, Mitigation Division, (NFIP). They should not be construed to mean Emergency Preparedness and Response that the community must change any DATES: The comment period is ninety Directorate. existing ordinances that are more (90) days following the second [FR Doc. 04–27246 Filed 12–10–04; 8:45 am] stringent in their floodplain publication of this proposed rule in a BILLING CODE 9110–12–P management requirements. The newspaper of local circulation in each community may at any time enact community. stricter requirements of its own, or DEPARTMENT OF HOMELAND ADDRESSES: The proposed BFEs for each pursuant to policies established by other SECURITY community are available for inspection Federal, State, or regional entities. at the office of the Chief Executive These proposed elevations are used to Federal Emergency Management Officer of each community. The meet the floodplain management Agency respective addresses are listed in the requirements of the NFIP and are also table below. used to calculate the appropriate flood 44 CFR Part 67 insurance premium rates for new FOR FURTHER INFORMATION CONTACT: [Docket No. FEMA–P–7663] Doug Bellomo, P.E., Hazard buildings built after these elevations are Identification Section, Emergency made final, and for the contents in these Proposed Flood Elevation Preparedness and Response Directorate, buildings. Determinations Federal Emergency Management National Environmental Policy Act Agency, 500 C Street, SW., Washington, AGENCY: Federal Emergency This proposed rule is categorically DC 20472, (202) 646–2903. Management Agency, Emergency excluded from the requirements of 44 Preparedness and Response Directorate, SUPPLEMENTARY INFORMATION: The CFR part 10, Environmental Department of Homeland Security. Federal Emergency Management Agency Consideration. No environmental ACTION: Proposed rule. makes the final determinations listed impact assessment has been prepared. below for the modified BFEs for each SUMMARY: Technical information or community listed. These modified Regulatory Flexibility Act comments are requested on the elevations have been published in The Mitigation Division Director of proposed Base (1% annual-chance) newspapers of local circulation and the Emergency Preparedness and Flood Elevations (BFEs) and proposed ninety (90) days have elapsed since that Response Directorate certifies that this BFE modifications for the communities publication. The Mitigation Division rule is exempt from the requirements of listed below. The BFEs and modified Director of the Emergency Preparedness the Regulatory Flexibility Act because BFEs are the basis for the floodplain and Response Directorate has resolved modified base flood elevations are management measures that the any appeals resulting from this required by the Flood Disaster community is required either to adopt notification. Protection Act of 1973, 42 U.S.C. 4105,

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and are required to maintain community 12612, Federalism, dated October 26, PART 67—[AMENDED] eligibility in the NFIP. No regulatory 1987. flexibility analysis has been prepared. 1. The authority citation for Part 67 Executive Order 12778, Civil Justice Regulatory Classification Reform continues to read as follows: This proposed rule is not a significant This proposed rule meets the Authority: 42 U.S.C. 4001 et seq.; regulatory action under the criteria of applicable standards of Section 2(b)(2) Reorganization Plan No. 3 of 1978, 3 CFR, Section 3(f) of Executive Order 12866 of of Executive Order 12778. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. September 30, 1993, Regulatory List of Subjects in 44 CFR Part 67 Planning and Review, 58 FR 51735. § 67.4 Proposed flood elevation Administrative practice and determination. Executive Order 12612, Federalism procedure, Flood insurance, Reporting This proposed rule involves no and record keeping requirements. 2. The tables published under the policies that have federalism Accordingly, 44 CFR Part 67 is authority of § 67.4 are proposed to be implications under Executive Order proposed to be amended as follows: amended as follows:

# Depth in feet above ground *Elevation in feet (NGVD) State City/town/county Source of flooding Location ♦Elevation in feet (NAVD) Existing Modified

Indiana ...... Indianapolis (City) Berkshire Creek ...... At its confluence with Devon Creek ...... N/A *746 McClain County. Approximately 150 feet upstream of N/A *780 Marrison Place. Buffalo Creek ...... Just upstream of West County Line Road *709 *707 At East Stop 11 Road ...... *758 *754 Devon Creek ...... Approximately 740 feet downstream of *734 *733 Millersville Road. Approximately 100 feet upstream of Lau- N/A *814 rel Falls Road. Little Buck Creek...... Approximately 300 feet downstream of *670 *669 South Tibbs Avenue. Approximately 75 feet upstream of the N/A *844 furthest upstream crossing of East Engewood Avenue. Maps are avaialble for inspection at 2142 City-County Building, 200 East Washington Street, Indianapolis, Indiana. Send comments to The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indian- apolis, Indiana 46204.

Nebraska ...... Wakefield (City) Logan Creek Dredge ...... Approximately 1.4 miles downstream of None ♦1,378 Dixon and State Highway 35. Wayne Counties. Approximately 0.6 mile upstream of None ♦1,389 County Road 859. South Logan Creek ...... At confluence with Logan Creek Dredge None ♦1,387 Approximately 1.2 miles upstream of the None ♦1,390 confluence with Logan Creek Dredge. Ponding areas west of Entire shoreline ...... None ♦1,382 State Highway 35 and north of Abandoned Rail- road (4). Ponding areas adjacent to Entire shoreline ...... None ♦1,380 State Highway 35 and north of Abandoned Rail- road (4). Ponding area east of State Entire shoreline ...... None ♦1,376 Highway 35. Ponding area east of State Entire shoreline ...... None ♦1,378 Highway 35 and south of Abandoned Railroad. Maps are avaialble for inspection at 405 Main Street, Wakefield, Nebraska. Send comments to The Honorable Jim Clark, Mayor, City of Wakefield, 405 Main Street, P.O. Box 178, Wakefield, Nebraska 68784.

Oklahoma ...... Blanchard (City) Bridge Creek ...... Approximately 150 feet downstream of None *1,199 Grady and County Line Road. McClain Coun- ties. Just downstream of County Line Road .... None *1,199 East Branch Walnut Creek Approximately 1,675 feet downstream of None *1,196 Tributary. Southeast 7th Street.

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# Depth in feet above ground *Elevation in feet (NGVD) State City/town/county Source of flooding Location ♦Elevation in feet (NAVD) Existing Modified

Approximately 525 feet upstream of None *1,270 Northeast 10th Street. North Fork Walnut Creek ... Approxiamtely 2,570 feet downstream of None *1,164 U.S. Highway 62/277. Approxiamtely 22,820 feet upstream of None *1,201 U.S. Highway 62/277. Stinson Creek...... Approximately 20 feet downstream of None *1,208 Sandrock Road. Approxiamtely 1,190 feet upstream of None *1,212 Sandrock Road. Tributary A2 ...... At the confluence with West Branch Wal- None *1,217 nut Creek Tributary. Approxiamtely 3,585 feet upstream of the None *1,241 confluence with West Branch Walnut Creek Tributary. West Branch Walnut Creek Approximately 4,035 feet downstream of None *1,195 Tributary. Southeast 7th Street. Approximately 3,690 feet upstream of None *1,242 N2990 Road. Maps are available for inspection at City Hall, 114 West Broadway, Blanchard, Oklahoma. Send comments to The Honorable Barbara Harris, Mayor, City of Blanchard, City Hall, 114 West Broadway, Blanchard, Oklahoma 73010.

Oklahoma ...... Grady County (Un- West Branch Walnut Creek Approximately 160 feet downstream of None *1,227 incorporated Tributary. N2990 Road. Areas). Approximately 4,030 feet upstream of None *1,244 N2990 Road. Maps are available for inspection at 4th Street and Choctaw Street, Chickasha, Oklahoma. Send comments to The Honorable Jack Porter, Chairman, Grady County Board of Commissioners, 326 West Chuctaw, Chickasha, Oklahoma 73108.

Oklahoma ...... McAlester (City) Tributary A ...... Approximately 4,875 feet downstream of ♦681 ♦682 Pittsburg County. Village Boulevard. Approximately 2,100 feet upstream of ♦764 ♦756 Crooked Oak Lane.. Tributary AA ...... At the confluence with Tributary A...... ♦697 ♦698 Approximately 3,275 feet upstream of ♦755 ♦754 U.S. Highway 69. Tributary B...... Approximately 490 feet downstream of ♦690 ♦687 South C Street. Tributary B ...... Approximately 300 feet upstream of U.S. None ♦741 Highway 69 Service Road (2nd cross- ing). Tributary C ...... Just upstream of Union Pacific Railroad .. ♦647 ♦646 Approximately 550 feet upstream of East ♦687 ♦686 Monroe Avenue. Tributary D ...... Just upstream of South F Street ...... ♦681 ♦678 Approximatley 1,375 feet upstream of ♦725 ♦726 East South Avenue. Tributary DD ...... At the confluence with Tributary D ...... ♦701 ♦703 Approximately 325 feet upstream of East None ♦715 Seminole Avenue. Maps are available for inspection at 28 East Washington Street, McAlester, Oklahoma. Send comments to The Honorable Dale Covington, Mayor, City of McAlester, 28 East Washington Street, McAlester, Oklahoma 74502.

Oklahoma ...... McClain County East Branch Walnut Creek At the confluence with West Branch Wal- None *1,180 (Unincorporated Tributary. nut Creek Tributary. Areas). Approximately 2,320 feet upstream of None *1,197 confluence with West Branch Walnut Creek Tributary. North Fork Walnut Creek ... Approximately 24,660 feet upstream of None *1,164 the confluence with Walnut Creek. Approximately 7,340 feet upstream of None *1,201 State Highway 76. Stinson Creek (Lower At the confluence with North Fork Walnut None *1,175 Reach). Creek.

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# Depth in feet above ground *Elevation in feet (NGVD) State City/town/county Source of flooding Location ♦Elevation in feet (NAVD) Existing Modified

Approximately 6,500 feet upstream of None *1,208 Quailhaven Road. West Branch Walnut Creek Approximately 3,350 feet upstream of the None *1,171 Tirubtary. confluence with Walnut Creek. Approximately 2,590 feet upstream of None *1,206 Tyler Avenue. Maps are available for inspection at 501 North Street, Purcell, Oklahoma. Send comments to The Honorable Loyd Tucker, Chairman, McClain County Board of Commissioners, 501 North Street, P.O. Box 629, Pur- cell, Oklahoma 73080.

Texas ...... Eagle Pass (City) Eagle Pass Creek ...... At the confluence with Rio Grande...... *712 *716 Maverick County. Approximately 200 feet upstream of Vista None *790 Hermosa Drive. Eagle Pass Creek Tributary Just upstream of Union Pacific Railroad .. *727 *726 1. Approximately 330 feet upstream of Trav- *743 *741 is Street. Eagle Pass Creek Tributary Just upstream of the confluence with *743 741 2. Eagle Pass Creek. Approximately 2,100 feet upstream of None *799 North Bibb Avenue. Rio Grande ...... Approximately 1,950 feet downstream of *709 *710 International Union Pacific Railroad Bridge. Approximately 1,950 feet upstream of *719 *722 East Garrison Street. Tributary to East Seco Approximately 100 feet downstream of None *736 Creek. U.S. Highway 277. Approximately 1,185 feet upstream of None *744 U.S. Highway 277. Unnamed Tributary of Rio Approximately 1,620 feet downstream of None *739 Grande. FM 3443 (1st Crossing). Approximately 1,620 feet upstream of None *772 East Main Street. Maps are available for inspection at City Hall, 100 South Monroe Street, Eagle Pass, Texas. Send comments to The Honorable Chad Foster, Mayor, City of Eagle Pass, City Hall, 100 South Monroe Street, Eagle Pass, Texas 78852.

Wisconsin ...... Manitowoc (City) ... Manitowoc River ...... At South 10th Street ...... *584 *585 Manitowoc County Approximately 2,550 feet downstream of *603 *604 Michigan Avenue. Maps area available for inspection at the Manitowoc City Hall, 900 Quay Street, Manitowoc, Wisconsin. Send comments to The Honorable Kevin Crawford, Mayor, City of Manitowoc, 900 Quay Street, Manitowoc, Wisconsin 54220.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF THE INTERIOR for the proposal to designate critical 83.100, ‘‘Flood Insurance.’’) habitat for southwestern willow Dated: December 7, 2004. Fish and Wildlife Service flycatcher (Empidonax extimus traillii) David I. Maurstad, to allow all interested parties to 50 CFR Part 17 Acting Director, Mitigation Division, comment on the proposed critical Emergency Preparedness and Response RIN 1018–AI49 habitat designation under the Directorate. Endangered Species Act of 1973, as [FR Doc. 04–27245 Filed 12–10–04; 8:45 am] Endangered and Threatened Wildlife amended. The proposed rule was and Plants; Extension of the Comment published and the public comment BILLING CODE 9110–12–P Period on Proposed Designation of period opened on October 12, 2004 (69 Critical Habitat for the Southwestern FR 60706). Willow Flycatcher DATES: The deadline for submitting AGENCY: Fish and Wildlife Service, comments on this proposal is extended Interior. from December 13, 2004, to March 31, ACTION: Proposed rule; extension of 2005. Comments must be submitted public comment period. directly to the Service (see ADDRESSES section) on or before March 31, 2005. SUMMARY: We, the U.S. Fish and Any comments received after the Wildlife Service (Service), announce the closing date may not be considered in extension of the public comment period the final determination on the proposal.

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ADDRESSES: If you wish to comment, 30, 2004, and publish a final rule by comment. We believe that allowing the you may submit your comments and September 30, 2005. Additional comment period to expire before the full materials by any one of several methods: background information is available in set of supporting draft analytical 1. You may submit written comments the October 12, 2004, proposal to documents is available could result in and information to Steve Spangle, Field designate critical habitat. hurried and incomplete comments on Supervisor, U.S. Fish and Wildlife Critical habitat identifies specific our proposed rule and unnecessarily Service, Arizona Ecological Services areas that are essential to the frustrate respondents. We deem these Office, 2321 West Royal Palm Road, conservation of a listed species and that considerations as sufficient cause to Suite 103, Phoenix, AZ, 85021. may require special management extend the comment period. 2. You may hand-deliver written considerations or protection. If the We are required by court order to comments and information to our proposed rule is made final, section 7 of complete the final designation of critical Arizona Ecological Services Office, or the Act will prohibit adverse habitat for the southwestern willow fax your comments to 602/242–2513. modification of critical habitat by any flycatcher by September 30, 2005. To 3. You may send your comments by activity funded, authorized, or carried meet this date, all comments on or electronic mail (e-mail) to out by any Federal agency. Federal proposed revisions to the proposed rule [email protected]. agencies proposing actions affecting need to be submitted to us during the The critical habitat proposal and areas designated as critical habitat must comment period as extended by this supportive maps are available for consult with us on the effects of their document (see DATES). viewing by appointment during regular proposed actions, pursuant to section business hours at the above address or 7(a)(2) of the Act. Our practice is to make comments, on the Internet at http:// Section 4 of the Act requires that we including names and home addresses of arizonaes.fws.gov. All comments and consider economic and other relevant respondents, available for public review materials received, as well as supporting impacts prior to making a final decision during regular business hours. documentation used in preparation of on what areas to designate as critical Individual respondents may request that the proposed rule, will be available for habitat. We are currently developing a we withhold their home address, which public inspection, by appointment, draft economic analysis and draft we will honor to the extent allowable by during normal business hours at the environmental assessment for the law. If you wish us to withhold your above address. proposal to designate certain areas as name or address, you must state this FOR FURTHER INFORMATION CONTACT: critical habitat for the southwestern request prominently at the beginning of Steve Spangle, Field Supervisor, willow flycatcher and will announce your comments. However, we will not Arizona Ecological Services Office their availability at a later date. We may consider anonymous comments. To the (telephone 602–242–0210, facsimile revise the proposal, or its supporting extent consistent with applicable law, 602–242–2513). documents, to incorporate or address we will make all submissions from SUPPLEMENTARY INFORMATION: new information received during the organizations or businesses, and from comment period. In particular, we may individuals identifying themselves as Background exclude an area from critical habitat if representatives or officials of We proposed to designate for the we determine that the benefits of organizations or businesses, available southwestern willow flycatcher 376,095 excluding the area outweigh the benefits for public inspection in their entirety. acres (ac) (152,124 hectares (ha)) of including the area as critical habitat, Comments and materials received, as [including approximately 1,556 stream provided such exclusion will not result well as supporting documentation used miles (2,508 stream kilometers)] of in the extinction of the species. in preparation of the proposal to critical habitat, which includes various Pursuant to 50 CFR 424.16(c)(2), we designate critical habitat, will be stream segments and their associated may extend or reopen a comment period available for public inspection, by riparian areas, not exceeding the 100- upon finding that there is good cause to appointment, during normal business year floodplain or flood prone area, on do so. We are currently developing a hours at the Arizona Ecological Services a combination of Federal, State, Tribal, draft economic analysis and draft Office (see ADDRESSES section). and private lands in southern California, environmental assessment for the southern Nevada, southwestern Utah, proposal and will announce the Authority south-central Colorado, Arizona, and availability of those documents and The authority for this action is the New Mexico. The proposed rule was solicit data and comments from the Endangered Species Act of 1973 (16 published in the Federal Register (69 public on these draft documents at a U.S.C. 1531 et seq.). FR 60706) on October 12, 2004, later date. We will also announce pursuant to a court order. hearing dates concurrently with the Dated: December 6, 2004. On September 30, 2003, in a availability of the draft documents. Craig Manson, complaint brought by the Center for However, it is our intention to leave the Assistant Secretary for Fish and Wildlife and Biological Diversity, the U.S. District public comment period open and Parks. Court of New Mexico instructed us to uninterrupted until those documents are [FR Doc. 04–27330 Filed 12–10–04; 8:45 am] propose critical habitat by September available for public consideration and BILLING CODE 4310–55–P

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Notices Federal Register Vol. 69, No. 238

Monday, December 13, 2004

This section of the FEDERAL REGISTER Office, Conference Room, 800 West 12th purposes identified by, States, units of contains documents other than rules or St., Alturas. Agenda topics will include governments, Indian tribes, non-profit proposed rules that are applicable to the the final roll-call vote for a majority of organizations, and councils public. Notices of hearings and investigations, the projects submitted for funding in participating in, or served by, the committee meetings, agency decisions and fiscal year 2005. Time will also be set rulings, delegations of authority, filing of program. The Secretary of Agriculture, petitions and applications and agency aside for public comments at the acting through NRCS, will conduct this statements of organization and functions are beginning of the meeting. evaluation, and submit to the examples of documents appearing in this The business meeting February 7th Committee on Agriculture of the U.S. begins at 4 pm; at the Modoc National section. House of Representatives and the Forest Office, Conference Room, 800 Committee on Agriculture, Nutrition, West 12th St., Alturas. Agenda topics and Forestry of the Senate, a report AGENCY FOR INTERNATIONAL will include existing and future describing the results of the evaluation, DEVELOPMENT projects. Time will also be set aside for public comments at the beginning of the together with any recommendations of Senior Executive Service: Membership meeting. the Secretary for continuing, of Performance Review Board The business meeting March 7th terminating, or modifying the program begins at 4 pm; at the Modoc National by June 30, 2005. ACTION: Notice. Forest Office, Conference Room, 800 As part of this evaluation, NRCS is West 12th St., Alturas. Agenda topics SUMMARY: The following persons are conducting an open comment period for will include existing and future members of the Performance Review all interested parties to solicit comments projects. Time will also be set aside for Board for 2004. on the activities of the program. Members: Marilyn S. Marton, SES public comments at the beginning of the Comments will be solicited on, and meeting. Member, Chair; James E. Painter, SES should be limited to, the following Member; Jessalyn L. Pendarvis, SES FOR FURTHER INFORMATION CONTACT: Stan topics: (1) RC&D Program effectiveness Member; Gloria D. Steele, SES Member; Sylva, Forest Supervisor and Designated in meeting the needs of the States, units Federal Officer, at (530) 233–8700; or Franklin C. Moore, SES Member. of government, Indian tribes, non-profit Public Affairs Officer Nancy Gardner at FOR FURTHER INFORMATION CONTACT: (530) 233–8713. organizations, and RC&D councils Lynn Mason (202) 712–1286. served by the program; (2) RC&D Dated: December 8, 2004. Stanley G. Sylva, Program effectiveness in developing Lee Roussel, Forest Supervisor. community leadership conservation; (3) Chief, M/HR/EM. [FR Doc. 04–27282 Filed 12–10–04; 8:45 am] RC&D Program elements that best serve [FR Doc. 04–27286 Filed 12–10–04; 8:45 am] BILLING CODE 3410–11–P regional conservation and development BILLING CODE 6116–01–M needs; (4) RC&D Program elements that can be strengthened to better serve DEPARTMENT OF AGRICULTURE regional conservation and development DEPARTMENT OF AGRICULTURE Natural Resources Conservation needs. Service DATES: Effective Dates: The comment Forest Service period will be open from December 8, Public Meeting With All Interested 2004, through January 31, 2004. Written Notice of Resource Advisory Parties to Comment on the Activities of comments also may be submitted, no Committee Meeting the Resource Conservation and Development Program later than January 31, 2005, to Terry AGENCY: Modoc Resource Advisory D’Addio, National RC&D Program Committee, Alturas, California, USDA AGENCY: Natural Resources Manager, Natural Resources Forest Service. Conservation Service, USDA. Conservation Service, 1400 ACTION: Notice of meeting. ACTION: Notice of comment period. Independence Avenue SW., Room 6013, South Building, Washington, DC 20250. SUMMARY: Pursuant to the authorities in SUMMARY: The Department of the Federal Advisory Committees Act Agriculture’s Natural Resources FOR FURTHER INFORMATION CONTACT: (Pub. L. 92–463) and under the Secure Conservation Service (NRCS) will solicit Terry D’Addio, Natural Resources Rural Schools and Community Self- comments on the activities of the Conservation Service, telephone: (202) Determination Act of 2000 (Pub. L. 106– Resource Conservation and 720–0557; fax: (202) 690–0639, e-mail: 393) the Modoc National Forest’s Modoc Development (RC&D) Program. Section terry.d’[email protected]. Resource Advisory Committee will meet 2504 of the Farm Security and Rural Monday, January 10th, 2005, February Investment Act of 2002 (Pub. L. 107– Signed in Washington, DC on December 7, 7th, 2005 and March 7th, 2005 in 171) requires that the Secretary of 2004. Alturas, California for business Agriculture, in consultation with the Bruce I. Knight, meetings. The meetings are open to the National Association of Resource Chief. public. Conservation and Development [FR Doc. 04–27274 Filed 12–10–04; 8:45 am] SUPPLEMENTARY INFORMATION: The Councils (NAR&DC), evaluate the RC&D BILLING CODE 3410–16–P business meeting January 10th begins at Program to determine whether it is 4 pm., at the Modoc National Forest effectively meeting the needs of, and

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DEPARTMENT OF COMMERCE We are revising the SQ-CLASS to DEPARTMENT OF COMMERCE improve the flow of the questions as Census Bureau well as to provide information needed Census Bureau to assign the proper North American Business and Professional 2005 National Census Test Coverage Industry Classification System (NAICS) Classification Report Follow Up code. ACTION: Proposed collection; comment II. Method of Collection ACTION: Proposed collection; comment request. request. We collect this information by mail, SUMMARY: The Department of fax, and telephone follow-up. SUMMARY: The Department of Commerce, as part of its continuing Commerce, as part of its continuing effort to reduce paperwork and III. Data effort to reduce paperwork and respondent burden, invites the general respondent burden, invites the general OMB Number: 0607–0189. public and other federal agencies to take public and other Federal agencies to this opportunity to comment on Form Number: SQ–CLASS. take this opportunity to comment on proposed and/or continuing information Type of Review: Regular Submission. proposed and/or continuing information collections, as required by the collections, as required by the Affected Public: Retail, Wholesale, Paperwork Reduction Act of 1995, Paperwork Reduction Act of 1995, and Service firms in the United States. Public Law 104–13 (44 U.S.C. Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Estimated Number of Respondents: 3506(C)(2)(A)). Annually, approximately 50,000. DATES: Written comments must be DATES: Written comments must be submitted on or before February 11, Estimated Time Per Response: 13 submitted on or before February 11, 2005. minutes. 2005. Estimated Total Annual Burden ADDRESSES: Direct all written comments ADDRESSES: Direct all written comments Hours: 10,835 hours. to Diana Hynek, Departmental to Diana Hynek, Departmental Paperwork Clearance Officer, Room Paperwork Clearance Officer, Estimated Total Annual Cost: The 6625, 14th and Constitution Avenue, Department of Commerce, Room 6625, cost to the respondent is estimated to be NW., Washington, DC 20230 (or via the 14th and Constitution Avenue, NW., $255,598 for fiscal year 2005. Internet at [email protected]). Washington, DC 20230 (or via the Respondent’s Obligation: This Internet at [email protected]). FOR FURTHER INFORMATION CONTACT: collection of information is voluntary. Requests for additional information or FOR FURTHER INFORMATION CONTACT: Legal Authority: Title 13, United copies of the information collection Requests for additional information or States Code, Section 182. instruments and instructions should be copies of the information collection directed to Frank Vitrano, U.S. Census IV. Request for Comments instrument(s) and instructions should Bureau, Building 2, Room 2012, be directed to Scott Handmaker, U.S. Comments are invited on: (a) Whether Washington, DC 20233–9200, 301–763– Census Bureau, Room 3–1640, 3961. Washington, DC 20233, (301) 763–7107 the proposed collection of information (or via the Internet at is necessary for the proper performance SUPPLEMENTARY INFORMATION [email protected]). of the functions of the agency, including I. Abstract whether the information shall have SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the Improved coverage (See Definition of Terms) is one of the four major goals for I. Abstract agency’s estimate of the burden (including hours and cost) of the Census 2010. In preparation for the 2010 The Census Bureau sponsors the SQ– Census, the U.S. Census Bureau plans to proposed collection of information; (c) CLASS, ‘‘Business and Professional conduct a series of tests. In September ways to enhance the quality, utility, and Classification Report’’, to collect 2005, the Census Bureau will conduct clarity of the information to be information needed to keep the retail, the 2005 National Census Test (NCT) to wholesale, and service samples current collected; and (d) ways to minimize the evaluate a variety of short form with the business universe. Because of burden of the collection of information questionnaire content and design rapid changes in the marketplace caused on respondents, including the use of modifications, and the effect of a by the emergence of new businesses, the automated collection techniques or bilingual questionnaire on response deaths of others, transfer of ownership, other forms of information technology. rates and data quality. The results of mergers, and so forth, on a quarterly Comments submitted in response to this test will help guide the Census basis the Census Bureau canvasses a this notice will be summarized and Bureau as it develops the final short sample of new Employer Identification included in the request for OMB form questionnaire design and content Numbers (EINs) obtained from the approval of this information collection; for the 2010 Census. Internal Revenue Service (IRS) and the they also will become a matter of public In support of the 2005 NCT, the Social Security Administration (SSA). record. Coverage Followup (CFU) is intended to Each selected firm is canvassed once for develop and evaluate new procedures to a type of business description, measure Dated: December 7, 2004. improve coverage and reduce of size, and company affiliation on the Madeleine Clayton, duplication. We want to determine establishment(s) associated with the Management Analyst, Office of the Chief whether respondents included all the new EIN. In essence, from the Information Officer. appropriate persons on their form and perspective of the business firm, this is [FR Doc. 04–27204 Filed 12–10–04; 8:45 am] excluded persons who should have been a one time collection of data. A different BILLING CODE 3510–07–P counted elsewhere. The CFU will sample of EINs is canvassed four times collect data to evaluate different a year. versions of the coverage questions and

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different presentations of the residence Definition of Terms DEPARTMENT OF COMMERCE rules instructions (See Definition of Coverage—How well the Census Terms) included on the 2005 NCT International Trade Administration Bureau counts people and housing units questionnaire. We also will create, test in the census. [A–428–825] and analyze an automated version of the Residence Rules Instructions— paper coverage followup questionnaire Stainless Steel Sheet and Strip in Coils Instructions that respondents use to used in the 2004 Census Test. From Germany Antidumping Duty The Census Bureau will conduct the determine who should be counted in Administrative Review; Extension of CFU operation from November 1, 2005 that household. They are meant to Time Limit through March 6, 2006. insure that everyone is counted once and in the right place for the primary AGENCY: Import Administration, II. Method of Collection purposes of apportionment and International Trade Administration, Approximately 60,000 households redistricting. Department of Commerce. will be included in the followup sample StARS—The Statistical SUMMARY: The Department of Commerce for this operation. The sample is broken Administrative Records System (StARS) (the Department) is extending the time down into five categories: is an administrative records database limit for the final results of the 2002– • Households that responded ‘‘yes’’ to built from six national level data files. 2003 administrative review of the either coverage question; antidumping duty order on stainless • A sample of households that III. Data steel sheet and strip in coils from responded ‘‘no’’ to both coverage OMB Number: Not available. Germany from December 6, 2004, until questions; Form Number(s): None. December 13, 2004. This review covers • one manufacturer/exporter of the Households that contain at least one Type of Review: Regular. match between the StARS database (see subject merchandise to the United Affected Public: Individuals or States and the period July 1, 2002, Definition of Terms) and 2005 NCT data households. and at least one nonmatch in StARS. through June 30, 2003. Estimated Number of Respondents: This will identify households with DATES: Effective Date: December 13, 60,000. potentially missed people. 2004. • Households containing more than Estimated Time Per Response: 10 minutes. FOR FURTHER INFORMATION CONTACT: six persons; and Michael Heaney at (202) 482–4475 or • Households that were not asked any Estimated Total Annual Burden Hours: 10,000 hours. Robert James at (202) 482–0649, AD/ coverage questions. CVD Operations, Office 7, The coverage questions for the 2005 Estimated Total Annual Cost: There is Administration, International Trade CFU operation will be chosen based on no cost to respondents except for their Administration, U.S. Department of the results of cognitive tests using four time to respond. Commerce, 14th Street and Constitution revised versions of the 2004 Census Test Respondent Obligation: Mandatory. Avenue NW. Washington, DC 20230. undercount question (Question 2) and Legal Authority: Title 13 of the United SUPPLEMENTARY INFORMATION: On August overcount question (Question 10). These States Code, Sections 141 and 193. questions are designed to ensure that 6, 2004, the Department published in each individual is counted once and IV. Request for Comments the Federal Register the preliminary only once and in the right place. results of the 2002–2003 administrative Comments are invited on (a) whether review of the antidumping duty order The CFU interviewers will attempt to the proposed collection of information contact, via telephone, all the on stainless steel sheet and strip from is necessary for the proper performance Germany. See Stainless Steel Sheet and households that fall in the CFU sample. of the functions of the agency, including The followup interview will be strip in Coils From Germany; Notice of whether the information shall have Preliminary Results of Antidumping conducted at the Census Bureau practical utility; (b) the accuracy of the telephone call centers by U.S. Census Duty Administrative Review, 69 FR agency’s estimate of the burden 47900 (August 6, 2004). The final results Bureau staff. These questions will be (including hours and cost) of the conducted using computer-assisted of this review are currently due no later proposed collection of information; 1 telephone interviewing (CATI). The than December 6, 2004. (c) ways to enhance the quality, utility, Section 751(a)(3)(A) of the Tariff Act results will be used to further improve and clarity of the information to be and enhance the questionnaire for the of 1930, as amended (the Act), requires collected, and (d) ways to minimize the the Department to issue the final results 2010 Census. For this operation, there burden of the collection of information will be no field followup (i.e personal of an administrative review within 120 on respondents, including through the days after the date on which the visits by enumerators) for those use of automated collection techniques households that refuse to give preliminary results are published. or other forms of information However, if it is not practicable to information over the telephone and technology. those households that telephone complete an administrative review Comments submitted in response to within the time specified, the interviewers are unable to reach. this notice will be summarized and/or The purpose of the CFU telephone administering authority (i.e., the included in the request for OMB Department) may extend the final contact is to identify those persons who approval of this information collection; may have been counted in more than results to no later than 180 days they also will become a matter of public following the publication of the one household or erroneously excluded record. from any household. The items preliminary results. See 751(a)(3)(A) of included in the 2005 CFU questionnaire Dated: December 7, 2004. the Act and section 351.213(h)(2) of the are probes that are intended to indicate Madeleine Clayton, Department’s regulations. In this case, whether respondents understood and Management Analyst, Office of the Chief Information Officer. 1 The present statutory due date of December 4, properly applied the residence rules 2004 falls on a Saturday; the Final Results would, instructions on the 2005 NCT [FR Doc. 04–27205 Filed 12–10–04; 8:45 am] therefore, be due the next business day, i.e., questionnaire. BILLING CODE 3510–07–P Monday, December 6, 2004.

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the Department has determined it is not Commerce, the Under Secretary for DEPARTMENT OF COMMERCE practicable to complete this review Oceans and Atmosphere, and the within the statutory time limit because Director of the National Sea Grant National Oceanic and Atmospheric of significant issues which require College Program on the implementation Administration additional time to evaluate. These of the Sea Grant Program. The panel Availability of Seats for the Olympic include: the proper treatment of certain provides advice on such matters as: equity transactions involving the Coast National Marine Sanctuary (a) The Sea Grant Fellowship respondent’s parent firm, and various Advisory Council Program; issues relating to the calculation of the AGENCY: National Marine Sanctuary (b) applications or proposals for, and respondent’s cost of production. Program (NMSP), National Ocean Therefore, the Department is performance under, grants and contracts Service (NOS), National Oceanic and extending the time limit for completion awarded under the Sea Grant Program Atmospheric Administration, of the preliminary results until Improvement Act of 1976, as amended Department of Commerce (DOC). December 13, 2004, in accordance with at 33 U.S.C. 1124; ACTION: Notice and request for section 751(a)(3)(A) of the Act. (c) the designation and operation of applications. This notice is issued and published in sea grant colleges and sea grant accordance with section 751(a)(1) of the institutes; and the operation of the sea SUMMARY: The Olympic Coast National Act and section 351.213(h)(2) of the grant program; Marine Sanctuary (OCNMS or Department’s regulations. Sanctuary) is seeking applicants for the (d) the formulation and application of Dated: December 3, 2004. following vacant seats on its Sanctuary the planning guidelines and priorities Advisory Council (Advisory Council): Gary Taverman, under 33 U.S.C. 1123 (a) and (c)(1); and Acting Deputy Assistant Secretary for Import Citizen-at-large member and alternate, Administration. (e) such other matters as the Secretary Tourism/Chamber of Commerce [FR Doc. 04–27301 Filed 12–10–04; 8:45 am] refers to the panel for review and member and alternate, and Conservation advice. BILLING CODE 3510–DS–M alternate. Applicants are chosen based The Panel is to consist of 15 voting upon their particular expertise and members composed as follows: Not less experience in relation to the seat for DEPARTMENT OF COMMERCE than eight of the voting members of the which they are applying; community panel should be individuals who, by and professional affiliations; philosophy National Oceanic and Atmospheric reason of knowledge, experience, or regarding the protection and Administration training, are especially qualified in one management of marine resources; and possibly the length of residence in the National Sea Grant Review Panel or more of the disciplines and fields included in marine science. The other area affected by the Sanctuary. Applicants who are chosen as members AGENCY: Office of Oceanic and voting members shall be individuals should expect to serve 3-year terms, Atmospheric Research (OAR), National who by reason of knowledge, pursuant to the Advisory Council’s Oceanic and Atmospheric experience, or training, are especially Charter. Administration (NOAA), Department of qualified in, or representative of, Commerce. education, extension service, state DATES: Applications are due by ACTION: Notice of Solicitation for Sea government, industry, economics, December 31, 2004. Grant Review Panelists. planning, or any other activity which is ADDRESSES: Application kits may be appropriate to, and important for, any obtained from Olympia Coast National SUMMARY: This notice responds to the effort to enhance the understanding, Marine Sanctuary, 115 East Railroad National Sea Grant College Program Act, Ave., Suite 301, Port Angeles, WA at 33 U.S.C. 1128, which requires the assessment, development, utilization, or conservation of ocean and coastal 98362. Completed applications should Secretary of Commerce to solicit be sent to the same address. nominations at least once a year for resources. No individual is eligible to be membership on the Sea Grant Review a voting member of the panel if the FOR FURTHER INFORMATION CONTACT: Panel. This advisory committee individual is (a) the director of a sea Andrew Palmer, 115 East Railroad Ave., provides advice on the implementation grant college, sea grant regional Suite 301, Port Angeles, WA 98362. of the National Sea Grant College consortium, or sea grant program, (b) an Telephone (360) 457–6622, ext. 15. Program. applicant for or beneficiary (as E-mail [email protected]. determined by the Secretary) of any SUPPLEMENTARY INFORMATION: Sanctuary DATES: Resumes should be sent to the grant or contract under 33 U.S.C. 1124 Advisory Council members and address specified and must be received or (c) a full-time officer or employee of alternatives serve three-year terms. The by 30 days from publication. the United States. The Director of the Advisory Council meets bi-monthly in ADDRESSES: Dr. Francis M. Schuler, National Sea Grant College Program and public sessions in communities in and Executive Director; National Sea Grant one Director of a Sea Grant Program also around the Olympic Coast National College Program; 1315 East-West serve as non-voting members. Panel Marine Sanctuary. Highway, Room 11716; Silver Spring, members are appointed for a 4-year The Olympic Coast National Marine Maryland 20910. term. Sanctuary Advisory Council was FOR FURTHER INFORMATION CONTACT: Dr. established in December 1998 to assure Dated: December 8, 2004. Francis M. Schuler of the National Sea continued public participation in the Grant College Program at the address Sharon Schroeder, management of the sanctuary. Serving given above; telephone (301) 713–2445 Director, Program Policy Division, Office of in a volunteer capacity, the advisory or fax number (301) 713–1031. Oceanic and Atmospheric Research, National council’s 15 voting members represent a SUPPLEMENTARY INFORMATION: Section Oceanic and Atmospheric Administration. variety of local user groups, as well as 209 of the Act establishes a Sea Grant [FR Doc. 04–27263 Filed 12–10–04; 8:45 am] the general public. In addition, 5 Review Panel to advise the Secretary of BILLING CODE 3510–KA–P Federal Government agencies and one

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Federally funded program serve as non- FOR FURTHER INFORMATION CONTACT: Summary of Request voting, ex-officio members. Since its Kenneth Hollingshead, Office of On June 28, 2004, NMFS received an establishment, the advisory council has Protected Resources, NMFS, (301) 713– application from L-DEO for the taking, played a vital role in advising the 2289, ext 128. by harassment, of several species of sanctuary and NOAA on critical issues. SUPPLEMENTARY INFORMATION: marine mammals incidental to In addition to providing advice on conducting a marine seismic survey Background management issues facing the program during a 4–week period Sanctuary, the Council members serve Sections 101(a)(5)(A) and (D) of the beginning in late November 2004 in the as a communication bridge between MMPA (16 U.S.C. 1361 et seq.) direct Exclusive Economic Zones of El constituents and the Sanctuary staff. the Secretary of Commerce to allow, Salvador, Honduras, Nicaragua, and Authority: 16 U.S.C. 1431, et seq. upon request, the incidental, but not Costa Rica. The purpose of the seismic (Federal Domestic Assistance Catalog intentional, taking of marine mammals survey is to investigate stratigraphic Number 11.429 Marine Sanctuary Program) by U.S. citizens who engage in a development in the presence of tectonic Dated: December 5, 2004. specified activity (other than forcing in the Sandino basin off Daniel J. Basta, commercial fishing) within a specified Nicaragua and Costa Rica. Because of Director, National Marine Sanctuary Program, geographical region if certain findings the variations in subsidence/uplift National Ocean Services, National Oceanic are made and either regulations are histories within the Sandino Basin, and and Atmospheric Administration. issued or, if the taking is limited to the inability to provide whole-basin [FR Doc. 04–27242 Filed 12–10–04; 8:45 am] harassment, a notice of a proposed coverage during a research cruise of reasonable length, data will be collected BILLING CODE 3510–NK–M authorization is provided to the public for review. in two primary grids in the Sandino Permission may be granted if NMFS Basin and a third, smaller grid off DEPARTMENT OF COMMERCE finds that the taking will have a Nicoya Peninsula. Grid descriptions are negligible impact on the species or provided in L-DEO’s application. National Oceanic and Atmospheric stock(s) and will not have an Description of the Activity Administration unmitigable adverse impact on the The seismic survey will involve one availability of the species or stock(s) for [I.D. 070104A] vessel. The source vessel, the R/V subsistence uses and that the Maurice Ewing, will deploy three low- Small Takes of Marine Mammals permissible methods of taking and energy GI airguns as an energy source, Incidental to Specified Activities; requirements pertaining to the with a total discharge volume of up to Marine Seismic Survey in the Eastern monitoring and reporting of such 315 in3. As the airguns are towed along Tropical Pacific Ocean off Central takings are set forth. NMFS has defined the survey lines, the towed hydrophone America ‘‘negligible impact’’ in 50 CFR 216.103 system will receive the returning as ’’...an impact resulting from the AGENCY: National Marine Fisheries acoustic signals. specified activity that cannot be Service (NMFS), National Oceanic and The program will consist of a reasonably expected to, and is not Atmospheric Administration (NOAA), maximum of 6048 km (3266 nm) of reasonably likely to, adversely affect the Commerce. surveys. Water depths within the survey species or stock through effects on ACTION: area are up to 5000 m (16,400 ft); most Notice of issuance of an annual rates of recruitment or survival.’’ incidental harassment authorization. of the survey will be conducted in water Section 101(a)(5)(D) of the MMPA depths less than 2000 m (6560 ft). The SUMMARY: In accordance with provisions established an expedited process by area to be surveyed extends from of the Marine Mammal Protection Act which citizens of the United States can approximately 4 to 150 km (2 to 80 nm) (MMPA) as amended, notification is apply for an authorization to offshore. The airguns may also be hereby given that an Incidental incidentally take small numbers of operated closer to, and farther from, Harassment Authorization (IHA) to take marine mammals by harassment. Except shore while the ship is maneuvering small numbers of marine mammals, by with respect to certain activities not toward or between survey lines. harassment, incidental to conducting pertinent here, the MMPA defines The proposed program will use oceanographic seismic surveys in the in ‘‘harassment’’ as: conventional seismic methodology with the eastern tropical Pacific Ocean any act of pursuit, torment, or annoyance a small towed array of three GI airguns (ETPO) off Central America has been which (i) has the potential to injure a marine as the energy source, and a towed mammal or marine mammal stock in the wild issued to the Lamont-Doherty Earth hydrophone streamer as the receiver Observatory (L-DEO), a part of Columbia [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine system. The energy to the airguns is University. mammal stock in the wild by causing compressed air supplied by compressors DATES: Effective from November 19, disruption of behavioral patterns, including, on board the source vessel. Seismic 2004 through November 18, 2005. but not limited to, migration, breathing, pulses will be emitted at intervals of 5 ADDRESSES: The application and nursing, breeding, feeding, or sheltering seconds. The 5–sec spacing corresponds authorization are available by writing to [Level B harassment]. to a shot interval of approximately 12.5 Steve Leathery, Chief, Permits, Section 101(a)(5)(D) establishes a 45– m (41 ft). Conservation and Education Division, day time limit for NMFS review of an The generator chamber of each GI Office of Protected Resources, National application followed by a 30–day public gun, the one responsible for introducing Marine Fisheries Service, 1315 East- notice and comment period on any the sound pulse into the ocean, is 105 West Highway, Silver Spring, MD proposed authorizations for the in3. The injector chamber injects air into 20910–3225, by telephoning the contact incidental harassment of marine the previously generated bubble to listed here and are also available at: mammals. Within 45 days of the close maintain its shape, and does not http://www.nmfs.noaa.gov/protlres/ of the comment period, NMFS must introduce appreciably more sound into PR2/SmalllTake/ either issue or deny issuance of the the water. The three 105–in3 GI guns smalltakelinfo.htm#applications. authorization. will be towed behind the Ewing, at a

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depth of 2.5 m (8.2 ft). Operating describe airgun sources, peak or pk-pk microPa (rms) are predicted to be pressure will be 2000 psi. The GI guns decibels, are always higher than the rms received. Some empirical data will be 7.8 m (25.6 ft) apart and will be decibels referred to in biological concerning the 180, 170 and 160 dB towed 37 m (121.4 ft) behind the Ewing. literature. For example, a measured distances have been acquired for several The Ewing will also tow a hydrophone received level of 160 decibels rms in the airgun configurations, including two GI- streamer that is up to 1500 m (4922 ft) far field would typically correspond to guns, based on measurements during an long. As the airguns are operated along a peak measurement of about 170 to 172 acoustic verification study conducted by the survey lines, the hydrophone dB, and to a pk-pk measurement of L-DEO in the northern Gulf of Mexico receiving system will receive and record about 176 to 178 decibels, as measured from 27 May to 3 June 2003 (see Tolstoy the returning acoustic signals. for the same pulse received at the same et al., 2004). Although the results are General-Injector Airguns location (Greene, 1997; McCauley et al. limited and do not include 1998, 2000). The precise difference measurements for three GI-guns, the Three GI-airguns will be used from between rms and peak or pk-pk values data for other airgun configurations the Ewing during the proposed program. depends on the frequency content and showed that water depth affected the These 3 GI-airguns have a zero to peak duration of the pulse, among other size of the radii around the airguns (peak) source output of 240.7 dB re 1 factors. However, the rms level is where the received level would be 180 microPascal-m (10.8 bar-m) and a peak- always lower than the peak or pk-pk dB re 1 microPa (rms), NMFS’ current to-peak (pk-pk) level of 246 dB (21 bar- level for an airgun-type source. injury threshold safety criterion m). However, these downward-directed applicable to cetaceans (NMFS, 2000). source levels do not represent actual The depth at which the sources are Similar depth-related variation is likely sound levels that can be measured at towed has a major impact on the in the 190–dB distances applicable to any location in the water. Rather, they maximum near-field output, because the pinnipeds. Water depths within the represent the level that would be found energy output is constrained by ambient survey area are up to 5000 m (16400 ft), 1 m (3.3 ft) from a hypothetical point pressure. The normal tow depth of the but the major part of the survey will be source emitting the same total amount sources to be used in this project is 2.5 conducted in water depths less than of sound as is emitted by the combined m (6.7 ft), where the ambient pressure 1000 m (3281 ft), as shown in Table 1, airguns in the airgun array. The actual is approximately 3 decibars. This also column 3. received level at any location in the limits output, as the 3 decibars of water near the airguns will not exceed confining pressure cannot fully Table 1. Estimated distances to which the source level of the strongest constrain the source output, with the sound levels ≥190, 180, 170 and 160 dB individual source and actual levels result that there is loss of energy at the re 1 µPa (rms) might be received from experienced by any organism more than sea surface. Additional discussion of the (A) three 105 in3 GI guns and (B) one 1 m (3.3 ft) from any GI gun will be characteristics of airgun pulses is of those guns, as planned for the seismic significantly lower. provided later in this document (see survey off the west coast of Central Further, the root mean square (rms) Characteristics of Airgun Pulses). America during November December received levels that are used as impact For the GI-airguns, the sound pressure 2004. Distance estimates are given for criteria for marine mammals (see fields have been modeled by L-DEO in operations in deep, intermediate, and Richardson et al., 1995) are not directly relation to distance and direction from shallow water. The 180– and 190–dB comparable to these peak or pk-pk the airguns, and in relation to depth. distances are the safety radii to be used values that are normally used to Table 1 shows the maximum distances during the survey. Three GI guns will be characterize source levels of airgun from the airguns where sound levels of used for the survey and one GI gun will arrays. The measurement units used to 190-, 180-, 170- and 160–dB re 1 be used during power down.

% of Estimated distances at received seismic levels (m) Airgun configuration Water depth survey con- ducted 190 dB 180 dB 170 dB 160 dB

A. 3 GI guns >1000 m 11.6 26 82 265 823 100–1000 m 57.9 39 123 398 1235 <100 m 30.6 390 574 1325 2469 B. 1 GI gun >1000 m 10 27 90 275 00–1000 m 15 41 135 413 <100 150 189 450 825

The empirical data indicate that, for shallow water (less than 100 m (328 ft)). expectation that results will fall deep water (greater than 1000 m (3281 However, the measured 180–dB radius between those for shallow and deep ft)), the L-DEO model for the airguns for the 6–airgun array operating in water, a 1.5x correction factor is applied tends to overestimate the received shallow water was 6.8x that predicted to the estimates provided by the model sound levels at a given distance (Tolstoy by L-DEO’s model for operation of the for deep water situations, as shown in et al., 2004). However, to be six-airgun array in deep water. This Table 1. This is the same factor that was precautionary pending acquisition of conservative correction factor is applied applied to the model estimates during L- additional empirical data, the mitigation to the model estimates to predict the DEO cruises in 2003. safety radii during airgun operations in radii for the three GI-guns in shallow Bathymetric Sonar and Sub-bottom deep water will be the values predicted water, as shown in Table 1. Profiler by L-DEO’s model (see Table 1). Empirical measurements were not The 180– and 190–dB radii were not conducted for intermediate depths In addition to the 3 GI-airguns, a measured for three GI- guns operating in (100–1000 m (328–3281 ft)). On the multibeam bathymetric sonar and a low-

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energy 3.5–kHz sub-bottom profiler will duration will be 4, 2, or 1 ms, and the groups: odontocetes (sperm whale, be used during the seismic profiling and bandwith of pulses will be 1.0 kHz, 0.5 dwarf sperm whale, pygmy sperm continuously when underway. kHz, or 0.25 kHz, respectively. whale, Cuvier’s beaked whale, Bathymetric Sonar-Atlas Hydrosweep Although the sound levels have not Longman’s beaked whale, pygmy – The 15.5–kHz Atlas Hydrosweep been measured directly for the sub- beaked whale, gingko-toothed beaked sonar is mounted on the hull of the bottom profilers used by the Ewing, whale, Blainville’s beaked whale, rough- Maurice Ewing, and it operates in three Burgess and Lawson (2000) measured toothed dolphin, bottlenose dolphin, modes, depending on the water depth. sounds propagating more or less pantropical spotted dolphin, spinner There is one shallow water mode and horizontally from a sub-bottom profiler dolphin, striped dolphin, short-beaked two deep-water modes: an Omni mode similar to the L-DEO unit with similar common dolphin, Fraser’s dolphin, (similar to the shallow-water mode but source output (i.e., 205 dB re 1 microPa Risso’s dolphin, melon-headed whale, with a source output of 220 dB (rms)) m). For that profiler, the 160- and 180– pygmy killer whale, false killer whale, and a Rotational Directional dB re 1 microPa (rms) radii in the killer whale, and short-finned pilot Transmission (RDT) mode. The RDT horizontal direction were estimated to whale); and mysticetes (humpback mode is normally used during deep- be, respectively, near 20 m (66 ft) and whale, minke whale, sei whale, fin water operation and has a 237–dB rms 8 m (26 ft) from the source, as measured whale, Bryde’s whale, and blue whale). source output. In the RDT mode, each in 13 m (43 ft) water depth. The Of these 34 species, 27 cetacean species ‘‘ping’’ consists of five successive corresponding distances for an animal are likely to occur in the survey area. transmissions, each ensonifying a beam in the beam below the transducer would These 27 species are shown in Table 2 that extends 2.67 degrees fore-aft and be greater, on the order of 180 m (591 of this document and are described in approximately 30 degrees in the cross- ft) and 18 m (59 ft) respectively, L-DEO (2004)). track direction. The five successive assuming spherical spreading. Thus the Seven cetacean species (Pacific white- transmissions (segments) sweep from received level for the L-DEO sub-bottom sided dolphin, Baird’s beaked whale, port to starboard with minor overlap, profiler would be expected to decrease long-beaked common dolphin, dusky spanning an overall cross-track angular to 160 and 180 dB about 160 m (525 ft) dolphin, southern right whale dolphin, extent of about 140 degrees, with small and 16 m (52 ft) below the transducer, Burmeister’s porpoise, and long-finned (much less than 1 millisec) gaps respectively, assuming spherical pilot whale) although present in the between the pulses for successive 30– spreading. Corresponding distances in wider ETPO, are unlikely to be found in degree segments. The total duration of the horizontal plane would be lower, L-DEO’s proposed survey area (L-DEO, the ‘‘ping,’’ including all five successive given the directionality of this source 2004). These species are mentioned segments, varies with water depth, but (30° beamwidth) and the measurements briefly in L-DEO’s application, but are is 1 millisec in water depths less than of Burgess and Lawson (2000). 500 m and 10 millisec in the deepest unlikely to be taken by incidental water. For each segment, ping duration Characteristics of Airgun Pulses harassment and therefore are not is 1/5 of these values or 2/5 for a Discussion of the characteristics of analyzed further in this document. receiver in the overlap area ensonified airgun pulses was provided in several Six species of pinnipeds are known to by two beam segments. The ‘‘ping’’ previous Federal Register documents occur in the ETPO: Guadalupe fur seal, interval during RDT operations depends (see 69 FR 31792 (June 7, 2004) or 69 California sea lion, Galapagos sea lion, on water depth and varies from once per FR 34996 (June 23, 2004)) and is not Galapagos fur seal, southern sea lion, second in less than 500 m (1640.5 ft) repeated here. Additional information is and South American fur seal. The last water depth to once per 15 seconds in contained in the L-DEO application, four species could potentially occur the deepest water. During the project, especially in Appendix A. within the proposed seismic survey the Atlas Hydrosweep will generally be Comments and Responses area, but they are expected to be, at used in waters greater than 800 m most, uncommon. Ranges of the first (2624.7 ft), but whenever water depths A notice of receipt and request for 30– two species are substantially north of are less than 400 m (1312 ft) the source day public comment on the application the proposed seismic survey area and output is 210 dB re 1 microPa-m (rms) and proposed authorization was therefore unlikely to be taken by and a single 1–ms pulse or ‘‘ping’’ per published on September 30, 2004 (69 FR incidental harassment. second is transmitted. 58396). During the 30–day public Sub-bottom Profiler – The sub-bottom comment period, NMFS received one More detailed information on these profiler is normally operated to provide comment which expressed the opinion species is contained in the L-DEO information about the sedimentary that marine mammals should not be application, which is available at: http:/ l features and the bottom topography that killed and that these killings are not /www.nmfs.noaa.gov/prot res/PR2/ l is simultaneously being mapped by the small. As noted in this document, Small Take/ l # Hydrosweep. The energy from the sub- NMFS believes that no marine mammals smalltake info.htm applications. bottom profiler is directed downward by are likely to be seriously injured or Potential Effects on Marine Mammals a 3.5–kHz transducer mounted in the killed as a result of this L-DEO hull of the Ewing. The output varies conducting seismic surveys. The effects of sounds from airgun with water depth from 50 watts in arrays might include one or more of the shallow water to 800 watts in deep Description of Habitat and Marine following: tolerance, masking of natural water. Pulse interval is 1 second (s) but Mammals Affected by the Activity sounds, behavioral disturbance and a common mode of operation is to A detailed description of the ETPO perhaps temporary or permanent broadcast five pulses at 1–s intervals area and its associated marine mammals hearing impairment (Richardson et al. followed by a 5–s pause. The can be found in the L-DEO application 1995). In addition, intense acoustic beamwidth is approximately 300 and is and a number of documents referenced events may cause trauma to tissues directed downward. Maximum source in the L-DEO application, and is not associated with organs vital for hearing, output is 204 dB re 1 microPa (800 repeated here. Thirty-four species of sound production, respiration and other watts) while nominal source output is cetaceans are known to occur in the functions. This trauma may include 200 dB re 1 microPa (500 watts). Pulse ETPO, belonging to two taxonomic minor to severe hemorrhage.

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Effects of Seismic Surveys on Marine Masking mammals relative to airgun sounds, Mammals Masking effects of pulsed sounds on communication and echolocation are marine mammal calls and other natural not expected to be disrupted. The L-DEO application provides the Furthermore, the discontinuous nature following information on what is known sounds are expected to be limited (due in part to the small size of the GI of seismic pulses makes significant about the effects on marine mammals of masking effects unlikely even for the types of seismic operations planned airguns), although there are very few specific data on this. Given the small mysticetes. by L-DEO. The types of effects A few cetaceans are known to source planned for use in the ETPO, considered here are (1) tolerance, (2) increase the source levels of their calls there is even less potential for masking masking of natural sounds, (2) in the presence of elevated sound levels, of baleen or sperm whale calls during behavioral disturbance, and (3) potential or possibly to shift their peak the present research than in most hearing impairment and other non- frequencies in response to strong sound seismic surveys (L-DEO, 2004). Seismic auditory physical effects (Richardson et signals (Dahlheim, 1987; Au, 1993; sounds are short pulses generally al., 1995). Given the relatively small size Lesage et al., 1999; Terhune, 1999; as occurring for less than 1 sec every 5 of the airguns planned for the present reviewed in Richardson et al., 1995). seconds or so. The 5–sec spacing project, its effects are anticipated to be These studies involved exposure to corresponds to a shot interval of considerably less than would be the other types of anthropogenic sounds, approximately 12.5 m (41 ft). Sounds case with a large array of airguns. L-DEO not seismic pulses, and it is not known from the multibeam sonar are very short and NMFS believe it is very unlikely whether these types of responses ever pulses, occurring for 1–10 msec once occur upon exposure to seismic sounds. that there would be any cases of every 1 to 15 sec, depending on water temporary or especially permanent If so, these adaptations, along with depth. (During operations in deep water, directional hearing, pre-adaptation to hearing impairment, or non-auditory the duration of each pulse from the physical effects. Also, behavioral tolerate some masking by natural multibeam sonar as received at any one sounds (Richardson et al., 1995) and the disturbance is expected to be limited to location would actually be only 1/5 or distances less than 823 m (2700 ft) in relatively low-power acoustic sources at most 2/5 of 1–10 msec, given the being used in this survey, would all deep water and 2469 m (8100 ft) in segmented nature of the pulses.) shallow water, the zones calculated for reduce the importance of masking Some whales are known to continue marine mammal vocalizations. 160 dB or the onset of Level B calling in the presence of seismic harassment. Additional discussion on pulses. Their calls can be heard between Disturbance by Seismic Surveys species-specific effects can be found in the seismic pulses (Richardson et al., the L-DEO application. Disturbance includes a variety of 1986; McDonald et al., 1995, Greene et effects, including subtle changes in Tolerance al., 1999). Although there has been one behavior, more conspicuous dramatic report that sperm whales cease calling changes in activities, and displacement. Numerous studies (referenced in L- when exposed to pulses from a very However, there are difficulties in DEO, 2004) have shown that pulsed distant seismic ship (Bowles et al., defining which marine mammals should sounds from airguns are often readily 1994), a recent study reports that sperm be counted as ‘‘taken by harassment’’. detectable in the water at distances of whales continued calling in the For many species and situations, many kilometers, but that marine presence of seismic pulses (Madsen et scientists do not have detailed mammals at distances more than a few al., 2002). Given the relatively small information about their reactions to kilometers from operating seismic source planned for use during this noise, including reactions to seismic vessels often show no apparent survey, there is even less potential for (and sonar) pulses. Behavioral reactions response. That is often true even in masking of sperm whale calls during the of marine mammals to sound are cases when the pulsed sounds must be present study than in most seismic difficult to predict. Reactions to sound, readily audible to the animals based on surveys. Masking effects of seismic if any, depend on species, state of measured received levels and the pulses are expected to be negligible in maturity, experience, current activity, hearing sensitivity of that mammal the case of the smaller odontocete reproductive state, time of day, and group. However, most measurements of cetaceans, given the intermittent nature many other factors. If a marine mammal airgun sounds that have been reported of seismic pulses and the relatively low does react to an underwater sound by concerned sounds from larger arrays of source level of the airguns to be used in changing its behavior or moving a small airguns, whose sounds would be the ETPO. Also, the sounds important to distance, the impacts of the change may detectable farther away than that small odontocetes are predominantly at not rise to the level of a disruption of planned for use in the proposed survey. much higher frequencies than are airgun a behavioral pattern. However, if a Although various baleen whales, sounds. sound source would displace marine toothed whales, and pinnipeds have Most of the energy in the sound mammals from an important feeding or been shown to react behaviorally to pulses emitted by airgun arrays is at low breeding area, such a disturbance may airgun pulses under some conditions, at frequencies, with strongest spectrum constitute Level B harassment under the other times mammals of all three types levels below 200 Hz and considerably MMPA. Given the many uncertainties in have shown no overt reactions. In lower spectrum levels above 1000 Hz. predicting the quantity and types of general, pinnipeds and small These low frequencies are mainly used impacts of noise on marine mammals, odontocetes seem to be more tolerant of by mysticetes, but generally not by scientists often resort to estimating how exposure to airgun pulses than are odontocetes or pinnipeds. An industrial many mammals may be present within baleen whales. Given the relatively sound source will reduce the effective a particular distance of industrial small and low-energy airgun source communication or echolocation activities or exposed to a particular level planned for use in this project, distance only if its frequency is close to of industrial sound. With the possible mammals are expected to tolerate being that of the marine mammal signal. If exception of beaked whales, NMFS closer to this source than would be the little or no overlap occurs between the believes that this is a conservative case for a larger airgun source typical of industrial noise and the frequencies approach and likely overestimates the most seismic surveys. used, as in the case of many marine numbers of marine mammals that are

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affected in some biologically important addition, research and monitoring assuming the TTS threshold is (to a first manner. studies on gray whales, bowhead whales approximation) a function of the total The sound exposure levels used to and other cetacean species indicate that received pulse energy (Finneran et al., estimate how many marine mammals many cetaceans are likely to show some 2002). Seismic pulses with received might be harassed behaviorally by the avoidance of the area with ongoing levels of 200 205 dB or more are usually seismic survey are based on behavioral seismic operations. In these cases, the restricted to a zone of no more than 100 observations during studies of several avoidance responses of the animals m (328 ft) around a seismic vessel species. However, information is lacking themselves will reduce or avoid the operating a large array of airguns. Such for many species. Detailed information possibility of hearing impairment. sound levels would be limited to on potential disturbance effects on Non-auditory physical effects may distances within a few meters of the baleen whales, toothed whales, and also occur in marine mammals exposed small airguns planned for use during pinnipeds can be found in L-DEO’s to strong underwater pulsed sound. this project. ETPO application. Possible types of non-auditory There are no data, direct or indirect, physiological effects or injuries that on levels or properties of sound that are Hearing Impairment and Other Physical theoretically might occur in mammals required to induce TTS in any baleen Effects close to a strong sound source include whale. However, TTS is not expected to Temporary or permanent hearing stress, neurological effects, bubble occur during this survey given the small impairment is a possibility when marine formation, resonance effects, and other size of the source, and the strong mammals are exposed to very strong types of organ or tissue damage. It is likelihood that baleen whales would sounds, but there has been no specific possible that some marine mammal avoid the approaching airguns (or documentation of this for marine species (i.e., beaked whales) may be vessel) before being exposed to levels mammals exposed to airgun pulses. especially susceptible to injury and/or high enough for there to be any Current NMFS policy precautionarily stranding when exposed to strong possibility of TTS. sets impulsive sounds equal to or pulsed sounds. However, L-DEO and TTS thresholds for pinnipeds exposed greater than 180 and 190 dB re 1 NMFS believe that it is especially to brief pulses (single or multiple) have microPa (rms) as the exposure unlikely that any of these non-auditory not been measured, although exposures thresholds for onset of Level A effects would occur during the proposed up to 183 dB re 1 microPa (rms) have harassment for cetaceans and pinnipeds, survey given the small size of the been shown to be insufficient to induce respectively (NMFS, 2000). Those sources, the brief duration of exposure TTS in California sea lions (Finneran et criteria have been used in defining the of any given mammal, and the al., 2003). However, prolonged safety (shut-down) radii for seismic mitigation and monitoring measures. exposures show that some pinnipeds surveys. However, those criteria were The following paragraphs discuss the may incur TTS at somewhat lower established before there were any data possibility of TTS, permanent threshold received levels than do small on the minimum received levels of shift (PTS), and non-auditory physical odontocetes exposed for similar sounds necessary to cause auditory effects. durations (Kastak et al., 1999; Ketten et impairment in marine mammals. As al., 2001; Au et al., 2000). TTS discussed in the L-DEO application and A marine mammal within a zone of summarized here, TTS is the mildest form of hearing less than 100 m (328 ft) around a typical 1. The 180–dB criterion for onset of impairment that can occur during large array of operating airguns might be Level A harassment in cetaceans is exposure to a strong sound (Kryter, exposed to a few seismic pulses with probably quite precautionary, i.e., lower 1985). When an animal experiences levels of ≥205 dB, and possibly more than necessary to avoid TTS let alone TTS, its hearing threshold rises and a pulses if the mammal moved with the permanent auditory injury, at least for sound must be stronger in order to be seismic vessel. Also, around smaller delphinids. heard. TTS can last from minutes or arrays, such as the three GI-airgun array 2. The minimum sound level hours to (in cases of strong TTS) days. that will be used during this survey, a necessary to cause permanent hearing Richardson et al. (1995) note that the marine mammal would need to be even impairment is higher, by a variable and magnitude of TTS depends on the level closer to the source to be exposed to generally unknown amount, than the and duration of noise exposure, among levels greater than or equal to 205 dB, level that induces barely-detectable other considerations. For sound at least in waters greater than 100 m TTS. exposures at or somewhat above the (328 ft) deep. However, as noted 3. The level associated with the onset TTS threshold, hearing sensitivity previously, most cetacean species tend of TTS is often considered to be a level recovers rapidly after exposure to the to avoid operating airguns, although not below which there is no danger of noise ends. Little data on sound levels all individuals do so. In addition, permanent damage. and durations necessary to elicit mild ramping up airgun arrays, which is now Because of the small size of the three TTS have been obtained for marine standard operational protocol for L-DEO 105 in3 GI-airguns, along with the mammals. and other seismic operators, should required monitoring and mitigation For toothed whales exposed to single allow cetaceans to move away from the measures, there is little likelihood that short pulses, the TTS threshold appears seismic source and to avoid being any marine mammals will be exposed to to be, to a first approximation, a exposed to the full acoustic output of sounds sufficiently strong to cause even function of the energy content of the the airgun array. It is unlikely that these the mildest (and reversible) form of pulse (Finneran et al., 2002). Given the cetaceans would be exposed to airgun hearing impairment. Several aspects of available data, the received level of a pulses at a sufficiently high level for a the monitoring and mitigation measures single seismic pulse might need to be on sufficiently long period to cause more for this project are designed to detect the order of 210 dB re 1 microPa rms than mild TTS, given the relative marine mammals occurring near the 3 (approx. 221 226 dB pk pk) in order to movement of the vessel and the marine GI-airguns (and multibeam bathymetric produce brief, mild TTS. Exposure to mammal. However, TTS would be more sonar), and to avoid exposing them to several seismic pulses at received levels likely in any odontocetes that bow-ride sound pulses that might (at least in near 200 205 dB (rms) might result in or otherwise linger near the airguns. theory) cause hearing impairment. In slight TTS in a small odontocete, While bow-riding, odontocetes would

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be at or above the surface, and thus not partial deafness, while in other cases the that the animal would have to be exposed to strong sound pulses given animal has an impaired ability to hear exposed to the strong sound for an the pressure-release effect at the surface. sounds in specific frequency ranges. extended period. However, bow-riding animals generally Although there is no specific evidence Sound frequency, impulse duration, dive below the surface intermittently. If that exposure to pulses of airgun sounds peak amplitude, rise time, and number they did so while bow-riding near can cause PTS in any marine mammals, of pulses are the main factors thought to airguns, they would be exposed to even with the largest airgun arrays, determine the onset and extent of PTS. strong sound pulses, possibly physical damage to a mammal’s hearing Based on existing data, Ketten (1994) repeatedly. During this project, the bow apparatus may occur if it is exposed to has noted that the criteria for of the Ewing will be 107 m (351 ft) sound impulses that have very high differentiating the sound pressure levels ahead of the airguns and the 205–dB peak pressures, especially if they have that result in PTS (or TTS) are location zone would be less than 100 m (328 ft). very short rise times (time required for and species-specific. PTS effects may Thus, TTS would not be expected in the sound pulse to reach peak pressure from also be influenced strongly by the health case of odontocetes bow riding during the baseline pressure). Such damage can of the receiver’s ear. airgun operations and if some cetaceans result in a permanent decrease in Given that marine mammals are did incur TTS through exposure to functional sensitivity of the hearing unlikely to be exposed to received levels airgun sounds, it would very likely be system at some or all frequencies. of seismic pulses that could cause TTS, a temporary and reversible Single or occasional occurrences of it is highly unlikely that they would phenomenon. mild TTS are not indicative of sustain permanent hearing impairment. Currently, NMFS believes that, to permanent auditory damage in If we assume that the TTS threshold for avoid Level A harassment, cetaceans terrestrial mammals. However, very odontocetes for exposure to a series of should not be exposed to pulsed prolonged exposure to sound strong seismic pulses may be on the order of underwater noise at received levels enough to elicit TTS, or shorter-term 220 dB re 1 microPa (pk-pk) exceeding 180 dB re 1 microPa (rms). exposure to sound levels well above the (approximately 204 dB re 1 microPa The corresponding limit for pinnipeds TTS threshold, can cause PTS, at least rms), then the PTS threshold might be has been set at 190 dB. The predicted in terrestrial mammals (Kryter, 1985). about 240 dB re 1 microPa (pk-pk). In 180- and 190–dB distances for the Relationships between TTS and PTS the units used by geophysicists, this is airgun arrays operated by L-DEO during thresholds have not been studied in 10 bar-m. Such levels are found only in this activity are summarized in Table 1 marine mammals but are assumed to be the immediate vicinity of the largest in this document. These sound levels similar to those in humans and other airguns (Richardson et al., 1995; are not considered to be the levels at or terrestrial mammals. The low-to- Caldwell and Dragoset, 2000). However, above which TTS will occur. Rather, moderate levels of TTS that have been it is very unlikely that an odontocete they are the received levels above induced in captive odontocetes and would remain within a few meters of a which, in the view of a panel of pinnipeds during recent controlled large airgun for sufficiently long to incur bioacoustics specialists convened by studies of TTS have been confirmed to PTS. The TTS (and thus PTS) thresholds NMFS (at a time before TTS be temporary, with no measurable of baleen whales and pinnipeds may be measurements for marine mammals residual PTS (Kastak et al., 1999; lower, and thus may extend to a started to become available), one could Schlundt et al., 2000; Finneran et al., somewhat greater distance from the not be certain that there would be no 2002; Nachtigall et al., 2003). In source. However, baleen whales injurious effects, auditory or otherwise, terrestrial mammals, the received sound generally avoid the immediate area to marine mammals. As noted here, TTS level from a single non-impulsive sound around operating seismic vessels, so it data that are now available imply that, exposure must be far above the TTS is unlikely that a baleen whale could at least for dolphins, TTS is unlikely to threshold for any risk of permanent incur PTS from exposure to airgun occur unless the dolphins are exposed hearing damage (Kryter, 1994; pulses. Some pinnipeds do not show to airgun pulses substantially stronger Richardson et al., 1995). For impulse strong avoidance of operating airguns. than 180 dB re 1 microPa (rms). sounds with very rapid rise times (e.g., In summary, it is highly unlikely that It has also been shown that most those associated with explosions or marine mammals could receive sounds whales tend to avoid ships and gunfire), a received level not greatly in strong enough (and over a sufficient associated seismic operations. Thus, excess of the TTS threshold may start to period of time) to cause permanent whales will likely not be exposed to elicit PTS. Rise times for airgun pulses hearing impairment during this project. such high levels of airgun sounds. are rapid, but less rapid than for In the subject seismic survey marine Because of the slow ship speed, any explosions. mammals are unlikely to be exposed to whales close to the trackline could Some factors that contribute to onset received levels of seismic pulses strong move away before the sounds become of PTS are as follows: (1) exposure to enough to cause TTS, and because of the sufficiently strong for there to be any single very intense noises, (2) repetitive higher level of sound necessary to cause potential for hearing impairment. exposure to intense sounds that PTS, it is even less likely that PTS could Therefore, there is little potential for individually cause TTS but not PTS, occur. This is due to the fact that even whales being close enough to an array and (3) recurrent ear infections or (in levels immediately adjacent to the three to experience TTS. In addition, as captive animals) exposure to certain GI-airguns may not be sufficient to mentioned previously, ramping up the drugs. induce PTS because the mammal would airgun array should allow cetaceans to Cavanagh (2000) has reviewed the not be exposed to more than one strong move away from the seismic source and thresholds used to define TTS and PTS. pulse unless it swam alongside an avoid being exposed to the full acoustic Based on his review and SACLANT airgun for a period of time. output of the GI airguns. (1998), it is reasonable to assume that PTS might occur at a received sound Strandings and Mortality Permanent Threshold Shift (PTS) level 20 dB or more above that which Marine mammals close to underwater When PTS occurs there is physical induces mild TTS. However, for PTS to detonations of high explosives can be damage to the sound receptors in the occur at a received level only 20 dB killed or severely injured, and the ear. In some cases there can be total or above the TTS threshold, it is probable auditory organs are especially

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susceptible to injury (Ketten et al., 1993; other organs. Another stranding of 15 Non-auditory Physiological Effects Ketten, 1995). Airgun pulses are less beaked whales occurred on 24–25 Possible types of non-auditory energetic and have slower rise times. September 2002 in the Canary Islands, physiological effects or injuries that While there is no documented evidence where naval maneuvers were taking might theoretically occur in marine that airgun arrays can cause serious place. Jepson et al. (2003) concluded mammals exposed to strong underwater injury, death, or stranding, the that cetaceans might be subject to sound include stress, neurological association of mass strandings of beaked decompression injury (the bends or air effects, bubble formation, resonance whales with naval exercises and, embolism) in some situations. If so, this effects, and other types of organ or recently, an L-DEO seismic survey have might occur if the mammals ascend tissue damage. There is no evidence that raised the possibility that beaked whales unusually quickly when exposed to any of these effects occur in marine may be especially susceptible to injury aversive sounds. Previously, it was mammals exposed to sound from airgun and/or stranding when exposed to widely assumed that diving marine arrays. However, there have been no strong pulsed sounds. mammals are not subject to direct studies of the potential for airgun In March 2000, several beaked whales decompression injury. pulses to elicit any of these effects. If that had been exposed to repeated It is important to note that seismic any such effects do occur, they would pulses from high intensity, mid- pulses and mid-frequency sonar pulses frequency military sonars stranded and are quite different. Sounds produced by probably be limited to unusual died in the Providence Channels of the the types of airgun arrays used to profile situations when animals might be Bahamas Islands, and were sub-sea geological structures are exposed at close range for unusually subsequently found to have incurred broadband with most of the energy long periods. Long-term exposure to anthropogenic cranial and ear damage (NOAA and below 1 kHz. Typical military mid- noise may have the potential to cause USN, 2001). Based on post-mortem frequency sonars operate at frequencies physiological stress that could affect the analyses, it was concluded that an of 2 to 10 kHz, generally with a acoustic event caused hemorrhages in relatively narrow bandwidth at any one health of individual animals or their and near the auditory region of some time (though the center frequency may reproductive potential, which could beaked whales. These hemorrhages change over time). Because seismic and theoretically cause effects at the occurred before death. They would not sonar sounds have considerably population level (Gisner (ed.), 1999). necessarily have caused death or different characteristics and duty cycles, However, there is essentially no permanent hearing damage, but could it is not appropriate to assume that there information about the occurrence of have compromised hearing and is a direct connection between the noise-induced stress in marine navigational ability (NOAA and USN, effects of military sonar and seismic mammals. Also, it is doubtful that any 2001). The researchers concluded that surveys on marine mammals. However, single marine mammal would be acoustic exposure caused this damage evidence that sonar pulses can, in exposed to strong seismic sounds for and triggered stranding, which resulted special circumstances, lead to hearing sufficiently long that significant in overheating, cardiovascular collapse, damage and, indirectly, mortality physiological stress would develop. and physiological shock that ultimately suggests that caution is warranted when This is particularly so in the case of the led to the death of the stranded beaked dealing with exposure of marine proposed L-DEO project where the whales. During the event, five naval mammals to any high-intensity pulsed airguns are small. vessels used their AN/SQS–53C or -56 sound. Gas-filled structures in marine hull-mounted active sonars for a period In addition to the sonar-related animals have an inherent fundamental of 16 hours. The sonars produced strandings, there was a September, 2002 resonance frequency. If stimulated at narrow (<100 Hz) bandwidth signals at stranding of two Cuvier’s beaked whales this frequency, the ensuing resonance center frequencies of 2.6 and 3.3 kHz (- in the Gulf of California (Mexico) when could cause damage to the animal. 53C), and 6.8 to 8.2 kHz (-56). The a seismic survey by the Ewing was There may also be a possibility that high respective source levels were usually underway in the general area (Malakoff, sound levels could cause bubble 235 and 223 dB re 1 µPa, but the -53C 2002). The airgun array in use during formation in the blood of diving briefly operated at an unstated but that project was the Ewing’s 20–gun mammals that in turn could cause an air substantially higher source level. The 8490–in3 array. This might be a first embolism, tissue separation, and high, unusual bathymetry and constricted indication that seismic surveys can have localized pressure in nervous tissue channel where the strandings occurred effects, at least on beaked whales, (Gisner (ed), 1999; Houser et al., 2001). were conducive to channeling sound. similar to the suspected effects of naval In 2002, NMFS held a workshop (Gentry This, and the extended operations by sonars. However, the evidence linking (ed.) 2002) to discuss whether the multiple sonars, apparently prevented the Gulf of California strandings to the stranding of beaked whales in the escape of the animals to the open sea. seismic surveys is inconclusive, and to Bahamas in 2000 might have been In addition to the strandings, there are date is not based on any physical related to air cavity resonance or bubble reports that beaked whales were no evidence (Hogarth, 2002; Yoder, 2002). formation in tissues caused by exposure longer present in the Providence The ship was also operating its multi- to noise from naval sonar. A panel of Channel region after the event, beam bathymetric sonar at the same experts concluded that resonance in air- suggesting that other beaked whales time but this sonar had much less filled structures was not likely to have either abandoned the area or perhaps potential to affect beaked whales than caused this stranding. Among other died at sea (Balcomb and Claridge, the naval sonars. Although the link reasons, the air spaces in marine 2001). between the Gulf of California mammals are too large to be susceptible Other strandings of beaked whales strandings and the seismic (plus multi- to resonant frequencies emitted by mid- associated with operation of military beam sonar) survey is inconclusive, this or low-frequency sonar; lung tissue sonars have also been reported (e.g., plus the various incidents involving damage has not been observed in any Simmonds and Lopez-Jurado, 1991; beaked whale strandings associated mass, multi-species stranding of beaked Frantzis, 1998). In these cases, it was with naval exercises suggests a need for whales; and the duration of sonar pings not determined whether there were caution in conducting seismic surveys is likely too short to induce vibrations noise-induced injuries to the ears or in areas occupied by beaked whales. that could damage tissues (Gentry (ed.),

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2002). Opinions were less conclusive Navy sonars that have been linked to frequencies in their calls. In the case of about the possible role of gas (nitrogen) avoidance reactions and stranding of mysticetes, the pulses from the pinger bubble formation/growth in the cetaceans generally (1) are more do not overlap with their predominant Bahamas stranding of beaked whales. powerful than the Atlas Hydrosweep frequencies. Workshop participants did not rule out sonars, (2) have a longer pulse duration, the possibility that bubble formation/ and (3) are directed close to horizontally Behavioral Responses Resulting from growth played a role in the stranding, (vs. downward for the Atlas Mid-Frequency Sonar Signals and participants acknowledged that Hydrosweep). The area of possible Behavioral reactions of free-ranging more research is needed in this area. influence for the Ewing’s sonars is much marine mammals to military and other The only available information on smaller - a narrow band below the sonars appear to vary by species and source vessel. For the Hydrosweep there acoustically-mediated bubble growth in circumstance. Observed reactions have is no horizontal propagation as these marine mammals is modeling that included silencing and dispersal by signals project at an angle of assumes prolonged exposure to sound. sperm whales (Watkins et al., 1985), approximately 45 degrees from the ship. Until recently, it was assumed that increased vocalizations and no dispersal For the deep-water mode, under the diving marine mammals are not subject by pilot whales (Rendell and Gordon, to the bends or air embolism. However, ship the 160- and 180–dB zones are estimated to be 3200 m (10500 ft) and 1999), and the previously-mentioned a paper concerning beaked whales strandings by beaked whales. Also, stranded in the Canary Islands in 2002 610 m (2000 ft), respectively. However, the beam width of the Hydrosweep Navy personnel have described suggests that cetaceans might be subject observations of dolphins bow-riding to decompression injury in some signal is only 2.67 degrees fore and aft of the vessel, meaning that a marine adjacent to bow-mounted mid-frequency situations (Jepson et al., 2003). If so, sonars during sonar transmissions. decompression injury might occur if mammal diving could receive at most 1– 2 signals from the Hydrosweep and a However, all of these observations are of cetaceans ascend unusually quickly limited relevance to the present when exposed to aversive sounds. marine mammal on the surface would be unaffected. Marine mammals that do situation. Pulse durations from these However, the interpretation that the sonars were much longer than those of effect was related to decompression encounter the bathymetric sonars at close range are unlikely to be subjected the L-DEO multibeam sonar, and a given injury is unproven (Piantadosi and mammal would have received many Thalmann, 2004; Fernandez et al., to repeated pulses because of the narrow fore-aft width of the beam, and will pulses from the naval sonars. During L- 2004). Even if that effect can occur DEO’s operations, the individual pulses during exposure to mid-frequency receive only limited amounts of pulse will be very short, and a given mammal sonar, there is no evidence that this type energy because of the short pulses and would not receive many of the of effect occurs in response to low- vessel speed. Therefore, as harassment downward-directed pulses as the vessel frequency airgun sounds. It is especially or injury from pulsed sound is a passes by. unlikely in the case of the L-DEO survey function of total energy received, the which involves only three GI-guns. actual harassment or injury threshold Captive bottlenose dolphins and a for the bathymetric sonar signals white whale exhibited changes in In summary, little is known about the (approximately 10 ms) would be at a potential for seismic survey sounds to behavior when exposed to 1–sec pulsed much higher dB level than that for sounds at frequencies similar to those cause either auditory impairment or longer duration pulses such as seismic other non-auditory physical effects in that will be emitted by the multi-beam signals. As a result, NMFS believes that sonar used by L-DEO and to shorter marine mammals. Available data marine mammals are unlikely to be suggest that such effects, if they occur broadband pulsed signals. Behavioral harassed or injured from the multibeam changes typically involved what at all, would be limited to short sonar. distances from the sound source. appeared to be deliberate attempts to However, the available data do not Masking by Mid-frequency Sonar avoid the sound exposure (Schlundt et allow for meaningful quantitative Signals al., 2000; Finneran et al., 2002). The relevance of these data to free-ranging predictions of the numbers (if any) of Marine mammal communications will odontocetes is uncertain and in any case marine mammals that might be affected not be masked appreciably by the the test sounds were quite different in in these ways. Marine mammals that multibeam sonar signals or the sub- either duration or bandwidth as show behavioral avoidance of seismic bottom profiler given the low duty cycle compared to those from a bathymetric vessels, including most baleen whales, and directionality of the sonars and the some odontocetes, and some pinnipeds, brief period when an individual sonar. are unlikely to incur auditory mammal is likely to be within its beam. L-DEO and NMFS are not aware of impairment or other physical effects. Furthermore, in the case of baleen any data on the reactions of pinnipeds Also, the planned mitigation and whales, the sonar signals from the to sonar sounds at frequencies similar to monitoring measures are expected to Hydrosweep sonar do not overlap with those of the 15.5 kHz frequency of the minimize any possibility of serious the predominant frequencies of the Ewing’s multibeam sonar. Based on injury, mortality or strandings. calls, which would avoid significant observed pinniped responses to other types of pulsed sounds, and the likely Possible Effects of Mid-frequency Sonar masking. For the sub-bottom profiler, marine brevity of exposure to the bathymetric Signals mammal communications will not be sonar sounds, pinniped reactions are A multi-beam bathymetric sonar masked appreciably because of their expected to be limited to startle or (Atlas Hydrosweep DS–2 (15.5–kHz) relatively low power output, low duty otherwise brief responses of no lasting and a sub-bottom profiler will be cycle, directionality (for the profiler), consequences to the individual animals. operated from the source vessel and the brief period when an individual The pulsed signals from the sub-bottom essentially continuously during the mammal may be within the sonar’s profiler are much weaker than those planned survey. Details about these beam. In the case of most odonotocetes, from the airgun array and the multibeam sonars were provided previously in this the sonar signals from the profiler do sonar. Therefore, significant behavioral document. not overlap with the predominant responses are not expected.

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Hearing Impairment and Other Physical earlier discussion). Thus, it is unlikely document), all anticipated takes involve Effects that the sub-bottom profiler produces a temporary change in behavior that Given recent stranding events that pulse levels strong enough to cause may constitute Level B harassment. The have been associated with the operation hearing impairment or other physical mitigation measures will minimize or of naval sonar, there is much concern injuries even in an animal that is eliminate the possibility of Level A that sonar noise can cause serious (briefly) in a position near the source. harassment or mortality. L-DEO has impacts to marine mammals (for The sub-bottom profiler is usually calculated the ‘‘best estimates’’ for the discussion see Effects of Seismic operated simultaneously with other numbers of animals that could be taken Surveys on Marine Mammals). higher-power acoustic sources. Many by level B harassment during the However, the multi-beam sonars marine mammals will move away in proposed ETPO seismic survey using proposed for use by L-DEO are quite response to the approaching higher- data on marine mammal density and different than sonars used for navy power sources or the vessel itself before abundance from marine mammal operations. Pulse duration of the the mammals would be close enough for surveys in the region, and estimates of bathymetric sonars is very short relative there to be any possibility of effects the size of the affected area, as shown to the naval sonars. Also, at any given from the less intense sounds from the in the predicted RMS radii table (see location, an individual marine mammal sub-bottom profiler. In the case of Table 1). would be in the beam of the multi-beam mammals that do not avoid the These estimates are based on a sonar for much less time given the approaching vessel and its various consideration of the number of marine generally downward orientation of the sound sources, mitigation measures that mammals that might be exposed to beam and its narrow fore-aft beam- would be applied to minimize effects of sound levels greater than 160 dB, the width. (Navy sonars often use near- the higher-power sources would further criterion for the onset of Level B horizontally-directed sound.) These reduce or eliminate any minor effects of harassment, by operations with the 3 GI- factors would all reduce the sound the sub-bottom profiler. gun array planned to be used for this project. The anticipated zone of energy received from the multi-beam Estimates of Take by Harassment for influence of the multi-beam sonar is less sonar rather drastically relative to that the ETPO Seismic Survey from the sonars used by the Navy. than that for the airguns, so it is Therefore, hearing impairment by multi- Although information contained in assumed that any marine mammals beam bathymetric sonar is unlikely. this document indicates that injury to close enough to be affected by the multi- Source levels of the sub-bottom marine mammals from seismic sounds beam sonar would already be affected profiler are much lower than those of potentially occurs at sound pressure by the airguns. Therefore, no additional the airguns and the multi-beam sonar. levels significantly higher than 180 and incidental takings are included for Sound levels from a sub-bottom profiler 190 dB, NMFS’ current criteria for onset animals that might be affected by the similar to the one on the Ewing were of Level A harassment of cetaceans and multi-beam sonar. estimated to decrease to 180 dB re 1 pinnipeds from impulse sound are, Table 2 explains the corrected density microPa (rms) at 8 m (26 ft) horizontally respectively, 180 and 190 re 1 microPa estimates as well as the best estimate of from the source (Burgess and Lawson, rms. The rms level of a seismic pulse is the numbers of each species that would 2000), and at approximately 18 m typically about 10 dB less than its peak be exposed to seismic sounds greater downward from the source. level and about 16 dB less than its pk- than 160 dB. A detailed description on Furthermore, received levels of pulsed pk level (Greene, 1997; McCauley et al., the methodology used by L-DEO to sounds that are necessary to cause 1998; 2000a). The criterion for Level B arrive at the estimates of Level B temporary or especially permanent harassment onset is 160 dB. harassment takes that are provided in hearing impairment in marine mammals Given the mitigation required under Table 2 can be found in L-DEO’s IHA appear to be higher than 180 dB (see this IHA (see Mitigation later in this application for the ETPO survey.

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Conclusions exposed to seismic sounds ≤ 160 dB re usually quite limited. Effects are 1 microPa (rms), based on the reported expected to be limited to short-term and Effects on Cetaceans (corrected) densities of those species in localized behavioral changes falling Strong avoidance reactions by several the survey region. However, L-DEO has within the MMPA definition of Level B species of mysticetes to seismic vessels requested an authorization to expose up harassment. As is the case for cetaceans, have been observed at ranges up to 6– to 2 individuals of each of those species the short-term exposures to sounds from 8 km (3.2–4.3 nm) and occasionally as to seismic sounds of ≥ 160 dB during the three GI-guns are not expected to far as 20–30 km (10.8–16.2 nm) from the the proposed survey given the result in any long-term consequences for source vessel. However, reactions at the possibility of encountering one or more the individuals or their populations and longer distances appear to be atypical of groups. Best estimates of blue whales the activity is expected to have no more most species and situations, particularly are 3 individuals that might be than a negligible impact on the affected when feeding whales are involved. Few potentially exposed to seismic pulses species or stocks of pinnipeds. mysticetes are expected to be with received levels ≥ 160 dB re 1 encountered during the proposed survey microPa (rms), representing Potential Effects on Habitat in the ETPO (Table 2) and disturbance approximately 0.2 percent of the The proposed seismic survey will not effects would be confined to shorter estimated regional ETP population of result in any permanent impact on distances given the low-energy acoustic approximately 1400 blue whales (Table habitats used by marine mammals, or to source to be used during this project. In 2). the food sources they utilize. The main addition, the estimated numbers Larger numbers of delphinids may be impact issue associated with the presented in Table 2 are considered affected by the proposed seismic proposed activity will be temporarily overestimates of actual numbers that surveys, but the population sizes of elevated noise levels and the associated may be harassed. species likely to occur in the survey area direct effects on marine mammals. Odontocete reactions to seismic are large, and the numbers potentially One of the reasons for the adoption of pulses, or at least the reactions of affected are small relative to population airguns as the standard energy source dolphins, are expected to extend to sizes (Table 2). The best estimates of the for marine seismic surveys was that they lesser distances than are those of numbers of individual delphinids that mysticetes. Odontocete low-frequency ≤ (unlike the explosives used in the will potentially be exposed to sounds distant past) do not result in any hearing is less sensitive than that of 160 dB re 1 microPa (rms) represent less mysticetes, and dolphins are often seen appreciable fish kill. Various than 0.1 percent of the approximately experimental studies showed that from seismic vessels. In fact, there are 10,000,000 dolphins estimated to occur documented instances of dolphins airgun discharges cause little or no fish in the ETPO, and less than 0.3 percent kill, and that any injurious effects were approaching active seismic vessels. of the bottlenose dolphin population However, dolphins as well as some generally limited to the water within a occurring there (Table 2). meter or so of an airgun. However, it has other types of odontocetes sometimes Mitigation measures such as recently been found that injurious show avoidance responses and/or other controlled speed, course alteration, effects on captive fish, especially on fish changes in behavior when near observers, use of the PAM system, non- operating seismic vessels. pursuit, ramp ups, and power downs or hearing, may occur at somewhat greater Taking into account the small size shut downs when marine mammals are distances than previously thought and the relatively low sound output of seen within defined ranges should (McCauley et al., 2000a,b, 2002; 2003). the three GI-guns to be used, and the further reduce short-term reactions, and Even so, any injurious effects on fish mitigation measures that are planned, minimize any effects on hearing. In all would be limited to short distances from effects on cetaceans are generally cases, the effects are expected to be the source. Also, many of the fish that expected to be limited to avoidance of short-term, with no lasting biological might otherwise be within the injury- a small area around the seismic consequence. In light of the type of take zone are likely to be displaced from this operation and short-term changes in expected and the small percentages of region prior to the approach of the behavior, falling within the MMPA affected stocks of cetaceans, the action airguns through avoidance reactions to definition of Level B harassment. is expected to have no more than a the passing seismic vessel or to the Furthermore, the estimated numbers of negligible impact on the affected species airgun sounds as received at distances animals potentially exposed to sound or stocks of cetaceans. beyond the injury radius. levels sufficient to cause appreciable Fish often react to sounds, especially disturbance are very low percentages of Effects on Pinnipeds strong and/or intermittent sounds of low the affected populations. It is unlikely that any pinnipeds will frequency. Sound pulses at received Based on the 160–dB criterion, the be encountered during the proposed levels of 160 dB re 1 µPa (peak) may best estimates of the numbers of survey. However, to ensure that the L- cause subtle changes in behavior. Pulses individual cetaceans that may be DEO project remains in compliance at levels of 180 dB (peak) may cause exposed to sounds ≤160 dB re 1 microPa with the MMPA in the event that a few noticeable changes in behavior (rms) represent 0 to approximately 0.4 pinnipeds are encountered, L-DEO has (Chapman and Hawkins, 1969; Pearson percent (except for approximately 2.4 requested an authorization to expose up et al., 1992; Skalski et al., 1992). It also percent for dwarf sperm whales) of the to 10 individuals of each of four appears that fish often habituate to regional ETPO species populations pinniped species to seismic sounds with repeated strong sounds rather rapidly, (Table 2). L-DEO also estimates that rms levels ≤ 160 dB re 1 µPa. If on time scales of minutes to an hour. approximately 0.1 percent of the pinnipeds are encountered, they will be However, the habituation does not estimated (corrected) regional ETPO stray individuals outside of their normal endure, and resumption of the population of approximately 26,053 range. The proposed survey would have, disturbing activity may again elicit sperm whales (Table 2) would be at most, a short-term effect on their disturbance responses from the same exposed to sounds ≤160 dB re 1 microPa behavior and no long-term impacts on fish. (rms). In the case of endangered individual pinnipeds or their Fish near the airguns are likely to dive balaenopterids, it is most likely that no populations. Responses of pinnipeds to or exhibit some other kind of behavioral humpback, sei, or fin whales will be acoustic disturbance are variable, but response. This might have short-term

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impacts on the ability of cetaceans to seismic operators to use the lowest During a power down, one GI-airgun feed near the survey area. However, intensity airguns practical to (i.e., 105 in3) will be operated. If a only a small fraction of the available accomplish research objectives. marine mammal is detected within or habitat would be ensonified at any given The following mitigation measures, as near the smaller safety radius around time, and fish species would return to well as marine mammal visual that single GI-gun (Table 1), all guns their pre-disturbance behavior once the monitoring (discussed later in this will be shut down. seismic activity ceased. Thus, the document), will be implemented for the Following a power-down, airgun proposed surveys would have little subject seismic surveys: (1) Speed and activity will not resume until the marine impact on the abilities of marine course alteration (provided that they do mammal has cleared the safety zone. mammals to feed in the area where not compromise operational safety The animal will be considered to have seismic work is planned. Some of the requirements); (2) power-down and cleared the safety zone if it (1) is fish that do not avoid the approaching shut-down procedures; (3) ramp-up visually observed to have left the safety airguns (probably a small number) may procedures, (4) use of passive acoustics zone, or (2) has not been seen within the be subject to auditory or other injuries. to detect vocalizing marine mammals zone for 15 min in the case of small Zooplankton that are very close to the and (5) incorporation of a protocol that odontocetes and pinnipeds, or (3) has source may react to the airgun’s shock seismic lines will be run from shallow not been seen within the zone for 30 wave. These animals have an water towards deeper water whether the min in the case of mysticetes and large exoskeleton and no air sacs; therefore, lines are being run parallel to shore or odontocetes, including sperm, pygmy little or no mortality is expected. Many perpendicular to shore. This last sperm, dwarf sperm, and beaked crustaceans can make sounds and some mitigation measure would mitigate whales. crustacea and other invertebrates have potential takings of beaked whales. During airgun operations following a some type of sound receptor. However, Some of these mitigation measures will power-down whose duration has also be implemented to protect sea the reactions of zooplankton to sound exceeded these specified limits, the are not known. Some mysticetes feed on turtles. airgun array will be ramped-up concentrations of zooplankton. A Speed and Course Alteration gradually. Ramp-up is described later in reaction by zooplankton to a seismic this document. impulse would only be relevant to If a marine mammal is detected whales if it caused a concentration of outside its respective safety zone (180 During a power-down, the operating zooplankton to scatter. Pressure changes dB for cetaceans, 190 dB for pinnipeds) GI-airgun will be shut down if a marine of sufficient magnitude to cause this and, based on its position and the mammal approaches and is about to type of reaction would probably occur relative motion, is likely to enter the enter the modeled safety radius for the only very close to the source, so few safety zone, the vessel’s speed and/or operating single GI gun. For a 105 in3 zooplankton concentrations would be direct course may, when practical and GI gun, the predicted 180–dB distances affected. Impacts on zooplankton safe, be changed in a manner that also applicable to cetaceans are 27–189 m behavior are predicted to be negligible, minimizes the effect to the planned (89–620 ft), depending on water depth, and this would translate into negligible science objectives. The marine mammal and the corresponding 190–dB radii impacts on feeding mysticetes. activities and movements relative to the applicable to pinnipeds are 10–150 m seismic vessel will be closely monitored (33–492 ft), depending on depth (Table Potential Effects on Subsistence Use of to ensure that the marine mammal does 1). Airgun activity will not resume until Marine Mammals not approach within the safety zone. If the marine mammal has cleared the There is no legal subsistence hunting the mammal appears likely to enter the safety radius, as described for power- for marine mammals in the ETPO off safety zone, further mitigative actions down situations. Central America, so the proposed L-DEO will be taken (i.e., either further course Ramp-up Procedure activities will not have any impact on alterations or shut down of the airguns). the availability of these species or stocks When airgun operations commence for subsistence users. Power-down and Shut-down Procedures after a specified period without airgun A power down involves decreasing operations, the number of guns firing Mitigation the number of airguns in use such that will be increased gradually, or ‘‘ramped For the proposed seismic survey in the radius of the 180–dB (or 190–dB) up’’ (also described as a ‘‘soft start’’). the ETPO off Central America, L-DEO zone is decreased to the extent that The specified period of time for the GI- will deploy three GI-airguns as an marine mammals are not in the safety airguns varies depending on the speed energy source, with a total discharge zone. During a power down, one GI- of the source vessel. Under normal volume of 315 in3. The energy from the airgun will continue to be operated. The operational conditions (vessel speed 4.9 airguns will be directed mostly continued operation of one airgun is knots or 9 km/h), the Ewing would downward. The directional nature of the intended to alert marine mammals to travel 574 m (1476 ft) in about 4 airguns to be used in this project is an the presence of the seismic vessel in the minutes. The 574–m distance is the important mitigating factor. This area. In contrast, a shut down occurs calculated 180–dB safety radius for the directionality will result in reduced when all airgun activity is suspended. three GI-gun array operating in shallow sound levels at any given horizontal If a marine mammal is detected water. Thus, a ramp-up would be distance as compared with the levels outside the safety radius but is likely to required after a power-down or shut- expected at that distance if the source enter the safety radius, and if the down period lasting about 4 minutes or were omnidirectional with the stated vessel’s speed and/or course cannot be longer if the Ewing was traveling at 4.9 nominal source level. Also, the small changed to avoid having the mammal knots and was towing the three GI- size of these airguns is an inherent and enter the safety radius, the GI-guns will airgun array. Ramp up will begin with important mitigation measure that will be powered down before the mammal is one of the 105–in3 GI guns. The other reduce the potential for effects relative within the safety radius. Likewise, if a two GI-guns will be added at 5 min to those that might occur with large mammal is already within the safety intervals. During ramp up, the safety airgun arrays. This measure is in zone when first detected, the airguns radius for the full gun array will be conformance with NMFS encouraging will be powered down immediately. maintained.

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During the day, ramp-up cannot begin marine mammal observer that NMFS available to assist the bridge watch if from a shut-down unless the entire 180– has approved in advance of the start of marine mammals are detected. If the dB safety radius has been visible for at the ETPO cruise. These observers will airguns are ramped-up at night (see least 30 minutes prior to the ramp up be on duty in shifts of no longer than previous section), two marine mammal (i.e., no ramp-up can begin in heavy fog 4 hours. observers will monitor for marine or high sea states). However, ramp-up The visual observers will monitor mammals for 30 minutes prior to ramp- may occur from a power down in heavy marine mammals and sea turtles near up and during the ramp-up using either fog or high sea states, as long as at least the seismic source vessel during all deck lighting or NVDs that will be one GI gun has been maintained during daytime airgun operations, during any available (ITT F500 Series Generation 3 the interruption of seismic activity. nighttime start-ups of the airguns and at binocular image intensifier or During nighttime operations, if the night, whenever daytime monitoring equivalent). entire safety radius is visible using resulted in one or more shut-down vessel lights and night-vision devices situations due to marine mammal Post-Survey Monitoring (NVDs) (as may be the case in deep and presence. During daylight, vessel-based In addition, the biological observers intermediate waters), then start up of observers will watch for marine will be able to conduct monitoring of the airguns from a shut down may mammals and sea turtles near the most recently-run transect lines as the occur. However, lights and NVDs will seismic vessel during periods with Ewing returns along a parallel transect probably not be very effective as a basis shooting (including ramp-ups), and for track and when the Ewing runs seismic for monitoring the larger safety radii 30 minutes prior to the planned start of lines perpendicular to previously run around the three GI-guns operating in airgun operations after a shut-down. seismic lines. A final post-survey shallow water. It is an IHA requirement Use of multiple observers will transect will be conducted by the Ewing that, in shallow water, nighttime start increase the likelihood that marine as it retrieves the towed hydrophone ups of the airguns will not be mammals near the source vessel are array. This will provide the biological authorized. However, ramp-up may detected. L-DEO bridge personnel will observers with opportunities to look for occur from a power-down at night, as also assist in detecting marine mammals injured or dead marine mammals long as at least one GI-gun has been and implementing mitigation (although no injuries or mortalities are maintained during the interruption of requirements whenever possible (they expected during this research cruise). will be given instruction on how to do the seismic signal. Also, if the airgun Passive Acoustic Monitoring (PAM) array has been operational before so), especially during ongoing nightfall, it can remain operational operations at night when the designated L-DEO has agreed to use the PAM throughout the night, even though the observers are on stand-by and not system whenever the Ewing is operating entire safety radius may not be visible. required to be on watch at all times. in waters deep enough for the PAM Comments on past IHAs raised the The observer(s) will watch for marine hydrophone array to be towed. Passive issue of prohibiting nighttime mammals from the highest practical acoustic equipment was first used on operations as a practical mitigation vantage point on the vessel, which is the Ewing during the 2003 Sperm Whale measure. However, this is not either the bridge or the flying bridge. On Seismic Study conducted in the Gulf of practicable due to cost considerations the bridge of the Ewing, the observer’s Mexico and subsequently was evaluated and ship time schedules. The daily cost eye level will be 11 m (36 ft) above sea by L-DEO to determine whether it was to operate vessels such as Ewing is level, allowing for good visibility within practical to incorporate it into future approximately $33,000-$35,000/day a 210 arc. If observers are stationed on seismic research cruises. The SEAMAP (Ljunngren, pers. comm. May 28, 2003). the flying bridge, the eye level will be system has been used successfully in L- If the vessels were prohibited from 14.4 m (47.2 ft) above sea level. The DEO’s SE Caribbean study (69 FR 24571, operating during nighttime, each trip observer(s) will systematically scan the May 4, 2004). The SEAMAP PAM could require an additional three to five area around the vessel with Big Eyes system has four hydrophones, which days to complete, or up to $175,000 binoculars, reticle binoculars (e.g., 7 X allow the SEAMAP system to derive the more, depending on average daylight at 50 Fujinon) and with the naked eye bearing toward the a vocalizing marine the time of work. during the daytime. Laser range-finding mammal. In order to operate the If a seismic survey vessel is limited to binoculars (Leica L.F. 1200 laser SEAMAP system, the marine mammal daylight seismic operations, efficiency rangefinder or equivalent) will be monitoring contingent onboard the would also be much reduced. Without available to assist with distance Ewing will be increased by 2 additional commenting specifically on how that estimation. The observers will be used biologists/acousticians who will would affect the present project, for to determine when a marine mammal or monitor the SEAMAP system. seismic operators in general, a daylight- sea turtle is in or near the safety radii Verification of acoustic contacts will only requirement would be expected to so that the required mitigation then be attempted through visual result in one or more of the following measures, such as course alteration and observation by the marine mammal outcomes: cancellation of potentially power-down or shut-down, can be observers. However, the PAM system by valuable seismic surveys; reduction in implemented. If the GI-airguns are itself usually does not determine the the total number of seismic cruises powered-down or shut down, observers distance that the vocalizing mammal annually due to longer cruise durations; will maintain watch to determine when might be from the seismic vessel. It can a need for additional vessels to conduct the animal is outside the safety radius. be used as a cue by the visual observers the seismic operations; or work Observers will not be on duty during as to the presence of an animal and to conducted by non-U.S. operators or ongoing seismic operations at night; its approximate bearing (with some non-U.S. vessels when in waters not bridge personnel will watch for marine ambiguity). At this time, however, it is subject to U.S. law. mammals during this time and will call doubtful if PAM can be used as a trigger for the airguns to be powered-down or to initiate power-down of the array. Marine Mammal Monitoring shut-down if marine mammals are NMFS encourages L-DEO to continue to L-DEO must have at least three visual observed in or about to enter the safety study the relationship between a signal observers on board the Ewing, and at radii. However, a biological observer on a passive acoustic array and distance least two must be an experienced must be on standby at night and from the array can be determined with

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sufficient accuracy to be used for this that implementation of the subject take by injury or death is anticipated, purpose without complementary visual action is not a major Federal action and the potential for temporary or observations. having significant effects on the permanent hearing impairment is very Taking into consideration the environment within the meaning of low and will be avoided through the additional costs of prohibiting nighttime NEPA. NSF determined, therefore, that incorporation of the mitigation operations and the likely impact of the an environmental impact statement measures mentioned in this document. activity (including all mitigation and would not be prepared. On September While the number of potential monitoring), NMFS has determined that 30, 2004 (69 FR 58396), NMFS noted incidental harassment takes will depend the mitigation and monitoring that the NSF had prepared an EA for the on the distribution and abundance of requirements ensure that the activity ETPO surveys and made this EA was marine mammals in the vicinity of the will have the least practicable impact on available upon request. In accordance survey activity, the number of potential the affected species or stocks. Marine with NOAA Administrative Order 216– harassment takings is estimated to be mammals will have sufficient notice of 6 (Environmental Review Procedures for small. In addition, the proposed seismic a vessel approaching with operating Implementing the National program will not interfere with any legal seismic airguns, thereby giving them an Environmental Policy Act, May 20, subsistence hunts, since seismic opportunity to avoid the approaching 1999), NMFS has reviewed the operations will not take place in array; if ramp-up is required, two information contained in NSF’s EA and subsistence whaling and sealing areas marine mammal observers will be determined that the NSF EA accurately and will not affect marine mammals required to monitor the safety radii and completely describes the proposed used for subsistence purposes. using shipboard lighting or NVDs for at action alternative, and the potential Authorization least 30 minutes before ramp-up begins impacts on marine mammals, and verify that no marine mammals are endangered species, and other marine NMFS has issued an IHA to L-DEO to in or approaching the safety radii; ramp- life that could be impacted by the take marine mammals, by harassment, up may not begin unless the entire preferred alternative and the other incidental to conducting seismic safety radii are visible. Therefore as alternatives. Accordingly, NMFS surveys in the ETPO for a 1–year period, mentioned earlier, it is likely that the 3 adopted the NSF EA under 40 CFR provided the mitigation, monitoring, GI-airgun array will not be ramped-up 1506.3 and made its own FONSI. The and reporting requirements are from a shut-down at night when in NMFS FONSI also takes into undertaken. waters shallower than 100 m (328 ft). consideration additional mitigation Dated: December 7, 2004. measures required by the IHA that are Reporting Stephen L. Leathery, not in NSF’s EA. Therefore, it is not Acting Director, Office of Protected Resources, L-DEO will submit a report to NMFS necessary to issue a new EA, National Marine Fisheries Service. within 90 days after the end of the supplemental EA or an environmental [FR Doc. 04–27266 Filed 12–10–04; 8:45 am] cruise, which is currently predicted to impact statement for the issuance of an BILLING CODE 3510–22–S occur during November and December, IHA to L-DEO for this activity. A copy 2004. The report will describe the of the EA and the NMFS FONSI for this operations that were conducted and the activity is available upon request (see DEPARTMENT OF COMMERCE marine mammals that were detected. ADDRESSES). The report must provide full National Oceanic and Atmospheric Determinations documentation of methods, results, and Administration interpretation pertaining to all NMFS has determined that the impact [I.D. 050304A] monitoring tasks. The report will of conducting the seismic survey in the summarize the dates and locations of ETPO off Central America may result, at Endangered Species; File No.1375 seismic operations, marine mammal worst, in a temporary modification in sightings (dates, times, locations, behavior by certain species of marine AGENCY: National Marine Fisheries activities, associated seismic survey mammals. This activity is expected to Service (NMFS), National Oceanic and activities), and estimates of the amount result in no more than a negligible Atmospheric Administration (NOAA), and nature of potential take of marine impact on the affected species or stocks. Commerce. mammals by harassment or in other For reasons stated previously in this ACTION: Issuance of permit amendment. ways. document, this determination is supported by (1) the likelihood that, SUMMARY: Notice is hereby given that Dr. Endangered Species Act (ESA) given sufficient notice through slow Thomas J. Kwak, U.S. Geological Survey NMFS has issued a biological opinion ship speed and ramp-up, marine has been issued a modification to regarding the effects of this action on mammals are expected to move away scientific research Permit No. 1375. ESA-listed species and critical habitat from a noise source that is annoying ADDRESSES: The modification and under the jurisdiction of NMFS. That prior to its becoming potentially related documents are available for biological opinion concluded that this injurious; (2) recent research that review upon written request or by action is not likely to jeopardize the indicates that TTS is unlikely (at least appointment in the following office(s): continued existence of listed species or in delphinids) until levels closer to 200– Permits, Conservation and Education result in the destruction or adverse 205 dB re 1 microPa are reached rather Division, Office of Protected Resources, modification of critical habitat. A copy than 180 dB re 1 microPa; (3) the fact NMFS, 1315 East-West Highway, Room of the Biological Opinion is available that 200–205 dB isopleths would be 13705, Silver Spring, MD 20910; phone upon request (see ADDRESSES). well within 100 m (328 ft) of the vessel (301)713–2289; fax (301)713–0376; and even in shallow water; and (4) the Southeast Region, NMFS, 9721 National Environmental Policy Act likelihood that marine mammal Executive Center Drive North, St. (NEPA) detection ability by trained observers is Petersburg, FL 33702–2432; phone The NSF made a FONSI close to 100 percent during daytime and (727)570–5301; fax (727)570–5320. determination on June 24, 2004, based remains high at night to that distance FOR FURTHER INFORMATION CONTACT: on information contained within its EA, from the seismic vessel. As a result, no Jennifer Jefferies (301)713–2289.

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SUPPLEMENTARY INFORMATION: On ACTION: Notice. by ensuring that public information December 12, 2003, notice was about the status of the products will be published in the Federal Register (68 SUMMARY: The United States Climate provided on the CCSP web site (see FR 69388) that an modification of Change Science Program (CCSP) is ADDRESSES). Permit No. 1375, issued March 27, 2003 announcing the Guidelines for Comments on the draft guidelines (68 FR 16002), had been requested by Producing the CCSP Synthesis and were solicited during a public comment the above-named individual. The Assessment Products, which are period from 29 March 2004 to 7 May requested modification has been granted described in the Strategic Plan for the 2004. The guidelines have been revised under the authority of the Endangered U.S. Climate Change Science Program. extensively in response to these Species Act of 1973, as amended (ESA; The synthesis and assessment products comments and input from the National 16 U.S.C. 1531 et seq.) and the are intended to provide useful Research Council (NRC) provided regulations governing the taking, information for a variety of users about during a meeting of the NRC’s importing, and exporting of endangered key climate change topics. The products Coordinating Committee on Global and threatened species (50 CFR 222– include reports, data sets, and Change held in Washington, DC on 8– 226). evaluations of the uses and limits of 9 April 2004. Permit No. 1375 authorized the climate information for decisionmaking. Dated: December 6, 2004. permit holder to deploy 1,000 hatchery- ADDRESSES: The CCSP website is at: James R. Mahoney, reared juvenile shortnose sturgeon http://www.climatescience.gov. The Assistant Secretary of Commerce for Oceans (Acipenser brevirostrum) in cages at 10 finalized guidelines areavailable on the and Atmosphere and Director, U.S. Climate test sites within the Roanoke/Albemarle CCSP web site at: Change Science Program. River system for 28 days. Afterwards the http://www.climatescience.gov/Library/ [FR Doc. 04–27264 Filed 12–10–04; 8:45am] fish will be euthanized and their tissue sap/sap-guidelines.htm.The draft BILLING CODE 3510–22–S analyzed for contaminants. The results guidelines and a collation of comments of this study will provide needed submitted are available on the CCSP information to determine if water web site at: COMMITTEE FOR THE quality is a factor limiting the ecological http://www.climatescience.gov/Library/ success of shortnose sturgeon in this IMPLEMENTATION OF TEXTILE sap/sap-guidelines–29mar2004.pdf and AGREEMENTS river system. When the initial study was http://www.climatescience.gov/Library/ conducted, however, high water sap/guidelines-comments/default.htm. Entry of Shipments of Cotton, Wool, temperatures and low dissolved oxygen FOR FURTHER INFORMATION CONTACT: Ms. Man-Made Fiber, Silk Blend and Other contributed to a shortened experiment Sandy MacCracken, U.S. Climate Vegetable Fiber Textiles and Apparel in time. With the issuance of this Change Science Program, Suite 250, Excess of 2004 Agreement Limits or modification the permit holder will be 1717 Pennsylvania Ave., N.W., Certain China Safeguard Limits authorized to obtain an additional 1000 Washington, DC 20006, 1–202–419– fish to repeat the experiment in more 3483 (voice), 1–202–223–3065 (fax), December 9, 2004. favorable conditions. The modification [email protected] (e-mail). AGENCY: The Committee for the will also extend the expiration date Implementation of Textile Agreements SUPPLEMENTARY INFORMATION: The until December 31, 2005. (CITA). Issuance of this modification, as Climate Change Science Program is an interagency endeavor, with 13 ACTION: Directive to Commissioner, required by the ESA was based on a Customs and Border Protection. finding that such permit (1) was applied participating Federal agencies and departments. One or more of the for in good faith, (2) will not operate to FOR FURTHER INFORMATION CONTACT: Ross the disadvantage of the endangered agencies that comprise CCSP will have Arnold, International Trade Specialist, species which is the subject of this the lead responsibility for preparing Office of Textiles and Apparel, U.S. permit, and (3) is consistent with the each product. The national and Department of Commerce, (202) 482– purposes and policies set forth in international research community is 3400. section 2 of the ESA. anticipated to play a major role in preparation of many of the products. SUPPLEMENTARY INFORMATION: Dated: December 8, 2004. See Chapter 2 of the Strategic Plan for Authority: Executive Order 11651 of March Stephen L. Leathery, the U.S. Climate Change Science 3, 1972, as amended; Section 204 of the Chief, Permits, Conservation and Education Program for a detailed description of the Agricultural Act of 1956, as amended (7 Division, Office of Protected Resources, products. U.S.C. 1854). National Marine Fisheries Service. To ensure consistency and In a Federal Register Notice [FR Doc. 04–27270 Filed 12–10–04; 8:45 am] transparency in the processes that will published on June 25, 2004, CITA BILLING CODE 3510–22–S be used by the lead and supporting announced that it had come to CITA’s CCSP agencies in preparing the attention that some textile and apparel DEPARTMENT OF COMMERCE products, the guidelines describe the products may be shipped in excess of roles of different parties and the steps to agreed quota limits in 2004 with the National Oceanic and Atmospheric be followed in each of three phases of expectation that those shipments will be Administration the preparation process—developing the allowed entry upon the expiration of the prospectus, drafting and revising the limits, and CITA noted that shipments [I.D. 120304E] document, and final approval and exported in excess of agreed limits are Guidelines for Producing the Climate publication of each product. This a violation of the terms of those Change Science Program Synthesis process of product development will agreements. (69 FR 35586) In that and Assessment Products facilitate involvement of the research Notice, CITA expressly reserved the community and the public in ensuring right to deny entry to goods that have AGENCY: National Oceanic and that the products meet the highest been shipped in excess of agreed limits Atmospheric Administration (NOAA), standards of scientific excellence. The or to stage entry for goods exported in Commerce. guidelines also encourage transparency excess of agreed limits. In order to carry

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out those agreements, including the for WTO Members or countries with expiring be provided in the desired format, World Trade Organization (WTO) bilateral textile agreements, and in excess of reporting burden (time and financial Agreement on Textiles and Clothing China safeguard limits imposed in 2003. resources) is minimized, collection For all shipments exported in 2004 that (ATC), the Report of the Working Party exceed the applicable 2004 agreed quota instruments are clearly understood, and on the Accession of China to the WTO limit from WTO Members and from countries the impact of collection requirement on (Accession Agreement), and certain with bilateral textile agreements expiring on respondents can be properly assessed. bilateral textile agreements with December 31 that are not WTO Members, you Currently, the Corporation is countries that are not Members of the are directed to deny entry until February 1, soliciting comments concerning its WTO, CITA is directing the 2005, subject to the following procedure. proposed renewal of its National Senior Commissioner, Customs and Border From February 1 through February 28, 2005, Service Corps (Senior Corps) Grant Protection, to stage entry of goods you are directed to permit entry to goods in Application. This application is used by an amount equal to 5 percent of the exported in 2004 in excess of ATC, applicable 2004 base quota limit. For each current and prospective grantees to Accession Agreement, or bilateral textile succeeding month, beginning on the first day apply for sponsorship of projects under agreement limits. of the month and extending through the last the Retired and Senior Volunteer For all shipments exported in 2004 day of the month, you are directed to permit Program (RSVP); the Foster Grandparent that exceed the applicable 2004 agreed entry to goods in an amount equal to 5 Program (FGP); the Senior Companion quota limit from WTO Members and percent of the applicable base 2004 quota Program (SCP); the Senior from countries with bilateral textile limit, until all shipments in excess of the Demonstration Program (SDP); and the agreements expiring on December 31 quota limits have been entered. Special Volunteer Program—Homeland that are not WTO Members, entry will For all shipments exported from China that exceed the applicable safeguard limits for Security (SVP). Completion of the Grant not be permitted until February 1, 2005. categories 222, 349/649, and 350/650, you are Application is required to be considered From February 1 through February 28, directed to deny entry until January 24, 2005, for or obtain sponsorship. 2005, entry will be permitted to goods subject to the following procedure. From Copies of the information collection in an amount equal to 5 percent of the January 24 through February 23, 2005, you requests can be obtained by contacting applicable 2004 base quota limit. For are directed to permit entry to goods in an the office listed in the address section each succeeding month, beginning on amount equal to 5 percent of the applicable of this notice. safeguard limit. For each succeeding period, the first day of the month and extending DATES: Written comments must be through the last day of the month, entry beginning on the 24th of the month and extending through the 23rd of the following submitted to the individual and office will be permitted to goods in an amount month, you are directed to permit entry to listed in the ADDRESSES section by equal to 5 percent of the applicable base goods in an amount equal to 5 percent of the February 11, 2005. 2004 quota limit, until all shipments in applicable base safeguard limit, until all ADDRESSES: You may submit comments, excess of the quota limits have been shipments in excess of safeguard limits have entered. been entered. identified by the title of the information For all shipments exported from The Committee for the Implementation of collection activity, by any of the China that exceed the applicable Textile Agreements has determined that this following methods: Accession Agreement safeguard limits action falls within the foreign affairs (1) By mail sent to: Corporation for for categories 222, 349/649, and 350/ exception to the rulemaking provisions of 5 National and Community Service, U.S.C. 553(a)(1). National Senior Service Corps; 650, which apply to goods in these Sincerely, categories exported from China between Attention Ms. Angela Roberts, Associate James C. Leonard III, Director, Room 9305; 1201 New York December 24, 2003 and December 23, Chairman, Committee for the 2004, entry will not be permitted until Implementation of Textile Agreements. Avenue, NW., Washington, DC 20525. (2) By hand delivery or by courier to January 24, 2005. From January 24 [FR Doc. 04–27374 Filed 12–9–04; 2:48 pm] the Corporation’s mailroom at Room through February 23, 2005, entry will be BILLING CODE 3510–DS–P permitted to goods in an amount equal 6010 at the mail address given in to 5 percent of the applicable safeguard paragraph (1) above, between 9 a.m. and limit. For each succeeding period, 4 p.m. Monday through Friday, except CORPORATION FOR NATIONAL AND Federal holidays. beginning on the 24th of the month and COMMUNITY SERVICE extending through the 23rd of the (3) By fax to: (202) 565–2743, following month, entry will be Proposed Information Collection; Attention Ms. Angela Roberts, Associate permitted to goods in an amount equal Comment Request Director. to 5 percent of the applicable base (4) Electronically through the safeguard limit, until all shipments in AGENCY: Corporation for National and Corporation’s e-mail address system: excess of safeguard limits have been Community Service. [email protected]. ACTION: entered. Notice. FOR FURTHER INFORMATION CONTACT: 2004 quota base limits can be found SUMMARY: The Corporation for National Angela Roberts, (202) 606–5000, ext. on the Web at http://otexa.ita.doc.gov and Community Service (hereinafter the 111, or by e-mail at [email protected]. under ‘‘Summary of Agreements.’’ ‘‘Corporation’’), as part of its continuing SUPPLEMENTARY INFORMATION: James C. Leonard, III, effort to reduce paperwork and The Corporation is particularly Chairman, Committee for the Implementation respondent burden, conducts a pre- interested in comments that: of Textile Agreements. clearance consultation program to • Evaluate whether the proposed provide the general public and federal collection of information is necessary Committee for the Implementation of Textile Agreements agencies with an opportunity to for the proper performance of the comment on proposed and/or functions of the Corporation, including Commissioner, Customs and Border Protection, Washington, DC 20229, continuing collections of information in whether the information will have accordance with the Paperwork practical utility; December 9, 2004. • Dear Commissioner: This directive Reduction Act of 1995 (PRA95) (44 Evaluate the accuracy of the provides instructions on permitting entry to U.S.C. 3506(c)(2)(A)). This program agency’s estimate of the burden of the goods shipped in excess of 2004 quota limits, helps to ensure that requested data can proposed collection of information,

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including the validity of the Dated: December 7, 2004. ADDRESS: 1670 Air Force Pentagon, methodology and assumptions used; Tess Scannell, Room 4E916, Washington, DC 20330– • Enhance the quality, utility, and Director, National Senior Service Corps. 1670. clarity of the information to be [FR Doc. 04–27203 Filed 12–10–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: collected; and BILLING CODE 6050–SS–P Major Kyle Gresham, Air Force • Minimize the burden of the Scientific Advisory Board Secretariat, collection of information on those who 1180 Air Force Pentagon, Rm 5D982, are expected to respond, including the DEPARTMENT OF DEFENSE Washington, DC 20330–1180, (703) 697– use of appropriate automated, 4808. electronic, mechanical, or other Department of the Air Force technological collection techniques or Albert F. Bodnar, other forms of information technology HQ USAF Scientific Advisory Board Air Force Federal Register Liaison Officer. (e.g., permitting electronic submissions [FR Doc. 04–27276 Filed 12–10–04; 8:45 am] AGENCY: Department of the Air Force, of responses). BILLING CODE 5001–05–P Background: The Senior Corps Grant DoD. Application is completed by applicant ACTION: Notice of meeting. organizations interested in sponsoring a DEPARTMENT OF DEFENSE SUMMARY: Senior Corps program. The application Pursuant to Public Law 92– is completed electronically using the 463, notice is hereby given of the Department of the Army Corporation’s web-based grants forthcoming meeting of the Air Force management system, eGrants. Scientific Advisory Board. The purpose Performance Review Boards Current Action: The Corporation seeks of the meeting is to kickoff the four Membership approved fiscal year 2005 studies as to renew and revise the current AGENCY: Department of the Army, DoD. application. When revised, the directed by Air Force leadership. The ACTION: Notice. application will include additional studies are ‘‘Automatic Target Recognition’’, ‘‘Domain Integrations’’, instructions to clarify narrative and SUMMARY: Notice is given of the names work plan sections; will contain an ‘‘System of Systems Engineering’’, and of members of a Performance Review updated list of ‘‘Service Categories’’ ‘‘Air Force Operations in Urban Board for the Department of the Army. Environments’’. Because classified and used by applicants to identify the types DATES: Effective Date: December 11, contractor-proprietary information will of needs the national service 2004. participants will meet; and will contain be discussed, this meeting will be current references used in the grants closed to the public. FOR FURTHER INFORMATION CONTACT: management system. The application DATES: January 10–14, 2005. Marilyn Ervin, U.S. Army Senior Executive Service Office, Assistant will otherwise be used in the same ADDRESSES: 1560 Wilson Blvd, Suite manner as the existing application. The 400, Arlington, VA 22209–2404. Secretary of the Army, Manpower & Reserve Affairs, 111 Army, Washington, Corporation also seeks to continue using FOR FURTHER INFORMATION CONTACT: DC 20301–0111. the current application until the revised Major Kyle Gresham, Air Force SUPPLEMENTARY INFORMATION: Section application is approved by OMB. The Scientific Advisory Board Secretariat, 4314(c)(1) through (5) of Title 5, U.S.C., current application is due to expire on 1180 Air Force Pentagon, Rm 5D982, requires each agency to establish, in March 31, 2005. Washington, DC 20330–1180, (703) 697– accordance with regulations, one or Type of Review: Renewal. 4808. Agency: Corporation for National and more Senior Executive Service Community Service. Albert F. Bodnar, performance review boards. The boards Title: National Senior Service Corps Air Force Federal Register Liaison Officer. shall review and evaluate the initial Grant Application. [FR Doc. 04–27275 Filed 12–10–04; 8:45 am] appraisal of senior executives’ OMB Number: 3045–0035. BILLING CODE 5001–05–M performance by supervisors and make Agency Number: SF 424–NSSC. recommendations to the appointing Affected Public: Current and authority or rating official relative to the prospective sponsors of National Senior DEPARTMENT OF DEFENSE performance of these executives. Service Corps Grants. The members of the Performance Total Respondents: 1,513. Department of the Air Force Review Board for the U.S. Army Corps Frequency: Annually, with of Engineers are: exceptions. HQ USAF Scientific Advisory Board 1. MG Robert Griffin (Chair), Deputy Average Time Per Response: Averages Commanding General. AGENCY: 13.2 hours. Estimated at 16.5 hours for Department of the Air Force, 2. Dr. James Houston, Director, first time respondents; 15 hours for DoD. Engineer Research and Development continuation sponsors; 5 hours for ACTION: Notice of meeting. Center. revisions. 3. BG Robert Crear, Commander, SUMMARY: Pursuant to Public Law 92– Estimated Total Burden Hours: 20,027 Mississippi Valley Division. hours. 463, notice is hereby given of the 4. MG Don Riley, Director, Directorate Total Burden Cost (capital/startup): forthcoming meeting of the Air Force of Civil Works. None. Scientific Advisory Board. The purpose 5. Mr. Dwight Beranek, Deputy Total Burden Cost (operating/ of the meeting is to present and discuss Director, Directorate of Military maintenance): $6,497. the findings of the 2004 Science and Programs. Comments submitted in response to Technology Quality Review of Air Force 6. Dr. Susan Duncan, Director of this notice will be summarized and/or Research Laboratory programs. Because Human Resources. included in the request for Office of classified and contractor-proprietary 7. Mr. Stephen Browning, Programs Management and Budget approval of the information will be discussed, this Director, South Pacific Division. information collection request; they will meeting will be closed to the public. 8. Mr. Frank Oliva, Regional Business also become a matter of public record. DATES: January 19, 2005. Director, Pacific Ocean Division.

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9. Ms. Kristine Allaman, Director, program is to attempt to verify eligibility February 8, 1996 (February 20, 1996, 61 Strategy and Integration Directorate. for VA C&P benefits by matching FR 6427). veteran’s record of those benefits with Dated: December 7, 2004. Brenda S. Bowen, the military service record of veterans Jeannette Owings-Ballard, Army Federal Register Liaison Officer. eligible for those benefits for themselves [FR Doc. 04–27269 Filed 12–10–04; 8:45 am] or their beneficiaries. OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 3710–08–M The parties to this agreement have determined that a computer matching NOTICE OF A COMPUTER MATCHING program is the most efficient, PROGRAM AGREEMENT BETWEEN DEPARTMENT OF DEFENSE expeditious, and effective means of OFFICE OF THE INSPECTOR GENERAL obtaining and processing the THE DEPARTMENT OF VETERANS Defense Logistics Agency information needed by VA OIG to verify AFFAIRS AND THE DEFENSE MANPOWER DATA CENTER, THE Privacy Act of 1974; Computer the military service record of veterans eligible for VA (C&P) benefits, to DEPARTMENT OF DEFENSE FOR Matching Program VERIFICATION OF ELIGIBILITY identify potential fraudulent payments AGENCY: Defense Manpower Data to fictitious veterans, and to identify A. PARTICIPATING AGENCIES: Center, Defense Logistics Agency, DoD. payments that should be adjusted where Participants in this computer ACTION: Notice of a computer matching the beneficiary is not entitled to all or matching program are the Department of program. part of the VA C&P benefits received. Veterans Affairs, Office of Inspector The principal alternative to using a General (VA OIG) and the Department of SUMMARY: Subsection (e)(12) of the computer matching program for Defense (DoD), Defense Manpower Data Privacy Act of 1974, as amended (5 identifying such individuals would be Center (DMDC). The VA OIG is the U.S.C. 552a), requires agencies to to conduct a manual comparison of all source agency, i.e., the activity publish advanced notices of any veterans or their beneficiaries receiving disclosing the records for the purpose of proposed or revised computer matching VA (C&P) benefits with the other files. the match. The DoD is the specific program by the matching agency for Conducting a manual match, however, recipient activity or matching agency, public comment. The Department of would clearly impose a considerable i.e., the agency that actually performs Defense (DoD), Defense Manpower Data administrative burden, constitute a the computer matching. Center (DMDC), as the matching agency greater intrusion on the individual’s under the Privacy Act, is hereby given privacy, and would result in additional B. PURPOSE OF THE MATCH: notice to the record subjects to a delay in the eventual response to Upon the execution of this agreement, computer matching program between possible fraud and abuse. By comparing VA will provide and disclose VA Department of Veterans Affairs, Office the information received through the Compensation and Pension (C&P) and of Inspector General (VA OIG) and the computer matching program between Veterans Assistance Discharge Systems Department of Defense (DoD) that their VA OIG and DMDC on a recurring basis, (VADS) records to DMDC to identify records are being matched by computer. information on successful matches (hits) individuals that have not separated from The purpose of the computer matching can be provided to VA to initiate military service and/or confirm program is to attempt to verify eligibility research on these discrepancies, thus elements of military service relevant to for VA Compensation and Pension assuring that benefit payments are the adjudication of VA benefits. VA OIG (C&P) benefits by matching veteran’s proper. will use this information to initiate an record of those benefits with the A copy of the computer matching independent verification process to military service record of veterans agreement between VA OIG and DoD is determine eligibility and entitlement to eligible for those benefits for themselves available upon request. Requests should VA benefits. or their beneficiaries. be submitted to the address caption DATES: This proposed action will above or to the Department of Veterans C. AUTHORITY FOR CONDUCTING THE MATCH: become effective January 12, 2005, and Affairs, Office of Inspector General The authority to conduct this match is matching may commence unless (52CO), 810 Vermont Avenue NW., 5 U.S.C. App. 3, the Inspector General changes to the matching program are Washington, DC 20420. Act of 1978 (IG Act). The IG Act required due to public comments or by Set forth below is the notice of the authorizes the VA OIG to conduct audits Congressional or by Office of establishment of a computer matching and investigations relating to the Management and Budget concerns. Any program required by paragraph 6.c. of programs and operations of VA. IG Act, public comment must be received before the Office of Management and Budget section 2. In addition, section 4 of the the effective date. Guidelines on computer matching IG Act provides that the IG will conduct published on June 19, 1989, at 54 FR ADDRESSES: Any interested party may activities designed to promote economy 25818. and efficiency and to prevent and detect submit written comments to the The matching agreement, as required Director, Defense Privacy Office, 1901 fraud and abuse in VA’s programs and by 5 U.S.C. 552a(r) of the Privacy Act, operations. South Bell Street, Suite 920, Arlington, and an advance copy of this notice was VA 22202–4512. submitted on December 1, 2004, to the D. RECORDS TO BE MATCHED: FOR FURTHER INFORMATION CONTACT: Mr. House Committee on Government The systems of records maintained by Vahan Moushegian, Jr. at (703) 607– Reform, the Senate Committee on the respective agencies under the 2943. Governmental Affairs, and the Privacy Act of 1974, as amended, 5 SUPPLEMENTARY INFORMATION: Pursuant Administrator of the Office of U.S.C. 552a, from which records will be to subsection (o) of the Privacy Act of Information and Regulatory Affairs, disclosed for the purpose of this 1974, as amended (5 U.S.C. 552a), the Office of Management and Budget computer match are as follows: VA OIG and DMDC have concluded an pursuant to paragraph 4d of Appendix 1. VA will use personal data from the agreement to conduct a computer I to OMB Circular No. A–130, ‘‘Federal following Privacy Act record system for matching program between agencies. Agency Responsibilities for Maintaining the match: Compensation, Pension, The purpose of the computer matching Records about Individuals’’, dated Education and Rehabilitation Records—

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VA, 58VA21/22, first published at 41 FR agreement between VA OIG and DMDC, States to Canada as a power marketer for 9294, March 3, 1976, and last amended the matching program will be in effect an additional five-year term that will at 66 FR 47725, September 13, 2001, for 18 months with an option to renew expire on February 22, 2005. with other amendments as cited therein. for 12 additional months unless one of CPS, which has changed its name to 2. DoD will use personal data from the the parties to the agreement advises the Constellation, filed an application with following Privacy Act record system for other by written request to terminate or FE on November 29, 2004, to renew the the match: Defense Manpower Data modify the agreement. export authority contained in Order No. Center Data Base—S322.10 DMDC, G. ADDRESS FOR RECEIPT OF PUBLIC COMMENTS EA–164–A for a five-year term. published in the Federal Register at 69 OR INQUIRIES: FR 31974 on June 8, 2004. Constellation proposes to export 3. Agencies must publish ‘‘routine Director, Defense Privacy Office, 1901 electric energy to Canada and to arrange uses’’ pursuant to subsection (b)(3) of South Bell Street, Suite 920, Arlington, for the delivery of those exports over the the Privacy Act for those systems of VA 22202–4512. Telephone (703) 607– international transmission facilities records from which they intend to 2943. owned by Basin Electric Power disclose information. The systems of [FR Doc. 04–27250 Filed 12–10–04; 8:45 am] Cooperative, Bonneville Power records described above contain BILLING CODE 5001–06–M Administration, Eastern Maine Electric appropriate routine use provisions that Cooperative, International Transmission pertain to disclosure of information Company, Joint Owners of the Highgate between the agencies. DEPARTMENT OF ENERGY Project, Long Sault, Inc., Maine Electric Power Company, Maine Public Service E. DESCRIPTION OF COMPUTER MATCHING [Docket Nos. EA–164–B] PROGRAM: Company, Minnesota Power, Inc., VA, as the source agency, will provide Application to Export Electric Energy; Minnkota Power Cooperative, New York DMDC with two electronic files, the Constellation Energy Commodities Power Authority, Niagara Mohawk C&P and VADS files. The C&P file Group, Inc. Power Corporation, Northern States contains names of veterans, SSNs, and Power, and Vermont Electric AGENCY: Office of Fossil Energy, DOE. compensation and pension records. The Transmission Company. ACTION: Notice of application. VADS file contains names of veterans, The construction of each of the SSNs, and DD214 data. Upon receipt of SUMMARY: Constellation Energy international transmission facilities to the electronic files, DMDC will perform Commodities Group, Inc. (Constellation) be utilized by Constellation, as more a match using the SSNs in the VA C&P (formerly Constellation Power Services fully described in the application, has file, and the VADS file against the Inc. (CPS)) has applied to renew its previously been authorized by a DMDC Active Duty Transaction, Reserve authority to transmit electric energy Presidential permit issued pursuant to Transaction, and Reserve Master files. from the United States to Canada Executive Order 10485, as amended. DMDC will provide VA OIG an pursuant to section 202(e) of the Federal Procedural Matters: Any person electronic listing of VA C&P and VADS Power Act. desiring to become a party to these records for which there is no matching DATES: Comments, protests or requests proceedings or to be heard by filing record from any of the three DMDC files, to intervene must be submitted on or comments or protests to these and an electronic listing of records that before January 12, 2005. applications should file a petition to contain data that are inconsistent with ADDRESSES: Comments, protests or data contained in the VA C&P or VADS intervene, comment or protest at the requests to intervene should be files. VA OIG is responsible for verifying address provided above in accordance addressed as follows: Office of Coal & and determining that the data on the with §§ 385.211 or 385.214 of the Power Import/Export (FE–27), Office of DMDC electronic reply file are FERC’s Rules of Practice and Procedures Fossil Energy, U.S. Department of consistent with the VA source file and (18 CFR 385.211, 385.214). Fifteen Energy, 1000 Independence Avenue, for resolving any discrepancies or copies of each petition and protest SW., Washington, DC 20585–0350 (FAX inconsistencies on an individual basis. should be filed with the DOE on or 202–287–5736). before the dates listed above. F. INCLUSIVE DATES OF THE MATCHING PROGRAM: FOR FURTHER INFORMATION CONTACT: Comments on Constellation’s The effective date of the matching Steven Mintz (Program Office) 202–586– application to export electric energy to agreement and date when matching may 9506 or Michael Skinker (Program Canada should be clearly marked with Attorney) 202–586–2793. actually begin shall be at the expiration Docket EA–164–B. Additional copies of the 40-day review period for OMB SUPPLEMENTARY INFORMATION: Exports of are to be filed directly with Lisa M. and Congress, or 30 days after electricity from the United States to a Decker, Esq., Vice President and publication of the matching notice in foreign country are regulated and Counsel, Constellation Energy the Federal Register, whichever date is require authorization under section Commodities Group, Inc., 111 Market later. The parties to this agreement may 202(e) of the Federal Power Act (FPA) Place, Suite 500, Baltimore, Maryland assume OMB and Congressional (16 U.S.C. 824a(e)). 21202. concurrence if no comments are On January 23, 1998, the Office of received within 40 days of the date of Fossil Energy (FE) of the Department of Copies of these applications will be the transmittal letter. The 40-day OMB Energy (DOE) issued Order No. EA–164 made available, upon request, for public and Congressional review period and authorizing Constellation Power Source, inspection and copying at the address the mandatory 30-day public comment Inc. (CPS) to transmit electric energy provided above or by accessing the period for the Federal Register from the United States to Canada as a Fossil Energy home page at http:// publication of the notice will run power marketer. That two-year www.fe.doe.gov. Upon reaching the concurrently. Matching will be authorization expired on January 23, Fossil Energy home page, select conducted when the review/publication 2000. On February 22, 2000, FE issued ‘‘Electricity Regulation,’’ and then requirements have been satisfied and Order No. EA–164–A authorizing CPS to ‘‘Pending Proceedings’’ from the options thereafter on an annual basis. By transmit electric energy from the United menus.

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Issued in Washington, DC on December 7, and Niagara Mohawk Power ADDRESSES: Comments, protests or 2004. Corporation. requests to intervene should be Anthony J. Como, The construction of each of the addressed as follows: Office of Coal & Deputy Director, Electric Power Regulation, international transmission facilities to Power Import/Export (FE–27), Office of Office of Fossil Energy. be utilized by DCT, as more fully Fossil Energy, U.S. Department of [FR Doc. 04–27257 Filed 12–10–04; 8:45 am] described in the applications, has Energy, 1000 Independence Avenue, BILLING CODE 6450–01–P previously been authorized by a SW., Washington, DC 20585–0350 (FAX Presidential permit issued pursuant to 202–287–5736). Executive Order 10485, as amended. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY Procedural Matters Xavier Puslowski (Program Office) 202– 586–4708 or Michael Skinker (Program [Docket No. EA–278–A] Any person desiring to become a Attorney) 202–586–2793. party to these proceedings or to be heard Applications to Export Electric Energy; by filing comments or protests to these SUPPLEMENTARY INFORMATION: Exports of Direct Commodities Trading, Inc applications should file a petition to electricity from the United States to a foreign country are regulated and AGENCY: Office of Fossil Energy, DOE. intervene, comment or protest at the require authorization under section ACTION: Notice of application. address provided above in accordance with §§ 385.211 or 385.214 of the 202(e) of the Federal Power Act (FPA) SUMMARY: Direct Commodities Trading, FERC’s Rules of Practice and Procedures (16 U.S.C. 824a(e)). Inc., (DCT) has applied to renew its (18 CFR 385.211, 385.214). Fifteen On October 1, 1997, FE issued Order authority to transmit electric energy copies of each petition and protest No. EA–153 authorizing Citizens Power from the United States to Canada should be filed with the DOE on or Sales, LLC (Citizens) to transmit electric pursuant to section 202(e) of the Federal before the dates listed above. energy from the United States to Canada Power Act. Comments on the DCT application to as a power marketer. On January 11, 2000, in Order No. EA–153–A, FE DATES: Comments, protests or requests export electric energy to Canada should renewed Citizens’ authorization to to intervene must be submitted on or be clearly marked with Docket EA–278– export electric energy to Canada for a before January 12, 2005. A. Additional copies are to be filed directly with Jean-Jacques Taza, DCT five year term that will expire on ADDRESSES: Comments, protests or Inc., 5413 St-Laurent Blvd., Suite 209, January 11, 2005. On October 26, 2000, requests to intervene should be Montreal, Quebec, Canada, H2T 1S5. Edison Mission Marketing & Trading, addressed as follows: Office of Coal & Copies of these applications will be Inc. (EMMT) notified FE that Citizens Power Import/Export (FE–27), Office of made available, upon request, for public merged with and into EMMT effective Fossil Energy, U.S. Department of inspection and copying at the address September 1, 2000. Energy, 1000 Independence Avenue, provided above or by accessing the On November 17, 2004, EMMT filed SW., Washington, DC 20585–0350 (FAX Fossil Energy Home Page at http:// an application with FE for renewal of 202–287–5736). www.fe.doe.gov. Upon reaching the the export authority contained in Order FOR FURTHER INFORMATION CONTACT: Fossil Energy Home page, select No. EA–153–A for an additional five- Steven Mintz (Program Office) 202–586– ‘‘Electricity Regulation,’’ and then year term. EMMT proposes to export 9506 or Michael Skinker (Program ‘‘Pending Proceedings’’ from the options electric energy to Canada and to arrange Attorney) 202–586–2793. menus. for the delivery of those exports over the SUPPLEMENTARY INFORMATION: Exports of Issued in Washington, DC on December 7, international transmission facilities electricity from the United States to a 2004. owned by Basin Electric Power foreign country are regulated and Anthony J. Como, Cooperative, Bonneville Power Administration, Eastern Maine Electric require authorization under section Deputy Director, Electric Power Regulation, 202(e) of the Federal Power Act (FPA) Office of Fossil Energy. Cooperative, International Transmission Company, Joint Owners of the Highgate (16 U.S.C. 824a(e)). [FR Doc. 04–27258 Filed 12–10–04; 8:45 am] On May 19, 2003, the Office of Fossil Project, Long Sault, Inc., Maine Electric Energy (FE) of the Department of Energy BILLING CODE 6450–01–P Power Company, Maine Public Service (DOE) issued Order No. EA–278 Company, Minnesota Power, Inc., authorizing DCT to transmit electric DEPARTMENT OF ENERGY Minnkota Power Cooperative, New York energy from the United States to Canada Power Authority, Niagara Mohawk as a power marketer. That two-year [Dockets No. EA–153–B] Power Corporation, Northern States authorization will expire on May 19, Power, Vermont Electric Company and Application To Export Electric Energy; 2005. Vermont Electric Transmission Edison Mission Marketing & Trading, On November 15, 2004, the FE Company. Inc. received an application from DCT to The construction of each of the renew its authorization to transmit AGENCY: Office of Fossil Energy, DOE. international transmission facilities to electric energy from the United States ACTION: Notice of application. be utilized by EMMT, as more fully Canada for terms of five years. DCT, a described in the application, has Canadian corporation, is a power SUMMARY: Edison Mission Marketing & previously been authorized by a marketer that does not own or control Trading, Inc. (EMMT) has applied to Presidential permit issued pursuant to any electric generation or transmission renew the authority to transmit electric Executive Order 10485, as amended. facilities nor does it have any franchised energy from the United States to Canada Procedural Matters: Any person service territory in the United States. formerly held by Citizens Power Sales desiring to become a party to these DCT proposes to export electric pursuant to section 202(e) of the Federal proceedings or to be heard by filing energy to Canada and to arrange for the Power Act. comments or protests to this application delivery of those exports over the DATES: Comments, protests or requests should file a petition to intervene, international transmission facilities to intervene must be submitted on or comment or protest at the address owned by New York Power Authority before January 12, 2005. provided above in accordance with

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§§ 385.211 or 385.214 of the FERC’s policy issues addressed in the Request This filing is accessible on-line at Rules of Practice and Procedures (18 For Comments. The Movants further http://www.ferc.gov, using the CFR 385.211, 385.214). Fifteen copies of state that interested parties outside the ‘‘eLibrary’’ link and is available for the petition and protest should be filed regulated industries who may not yet be review in the Commission’s Public with the DOE on or before the dates aware of the Commission’s inquiry Reference Room in Washington, DC. listed above. would also benefit from additional time There is an ‘‘eSubscription’’ link on the Comments on the EMMT application to comment. Web site that enables subscribers to to export electric energy to Canada Upon consideration, notice is hereby receive e-mail notification when a should be clearly marked with Docket given that an extension of time to file document is added to a subscribed EA–153–B. Additional copies are to be comments on the December 2 Request docket(s). For assistance with any FERC filed directly with Joseph C. Bell, For Comments is granted to and Online service, please e-mail Jolanta Sterbenz, Geo F. Hobday, Jr., including January 21, 2005, as requested [email protected], or call Hogan & Hartson, L.L.P., 555 Thirteenth by Movants. (866) 208–3676 (toll free). For TTY, call Street, NW., Washington, DC 20004– (202) 502–8659. Magalie R. Salas, 1109 and Robert F. Viola, Counsel, Comment Date: 5 p.m. eastern time on Edison Mission Marketing & Trading, Secretary. December 20, 2004. Inc., 160 Federal Street, Boston, [FR Doc. 04–27376 Filed 12–10–04; 8:45 am] Magalie R. Salas, Massachusetts 02110–1776, Karen A. BILLING CODE 6717–01–P Bell, Assistant Counsel, Edison Mission Secretary. Marketing & Trading, Inc., 160 Federal [FR Doc. E4–3600 Filed 12–10–04; 8:45 am] Street, Boston, Massachusetts 02110– DEPARTMENT OF ENERGY BILLING CODE 6717–01–P 1776. Federal Energy Regulatory Copies of this application will be Commission made available, upon request, for public DEPARTMENT OF ENERGY inspection and copying at the address [Docket Nos. ER03–563–045 and EL04–102– 005] Federal Energy Regulatory provided above or by accessing the Commission Fossil Energy Home Page at http:// Devon Power LLC; Notice Of www.fe.doe.gov. Upon reaching the [Docket No. ER05–51–000] Compliance Filing Fossil Energy Home page, select ‘‘Electricity Regulation,’’ and then Quiet Light Trading, LLC; Notice Of December 3, 2004. Issuance Of Order ‘‘Pending Proceedings’’ from the options Take notice that on November 29, menus. 2004, Devon Power, LLC submitted a December 6, 2004. Issued in Washington, DC, on December 7, report updating progress made in the Quiet Light Trading, LLC (QLT) filed 2004. siting within the New England control an application for market-based rate Anthony J. Como, area, with particular emphasis on authority, with an accompanying tariff. Deputy Director, Electric Power Regulation, progress within Designated Congested The proposed rate tariff provides for Office of Fossil Energy. Areas for ISO New England Inc., in wholesale sales of energy and capacity [FR Doc. 04–27256 Filed 12–10–04; 8:45 am] compliance with the Commission’s at market-based rates. QLT also BILLING CODE 6450–01–P order issued June 2, 2004, 107 FERC requested waiver of various Commission ¶ 61,240 (2004). regulations. In particular, QLT Any person desiring to intervene or to requested that the Commission grant DEPARTMENT OF ENERGY protest this filing must file in blanket approval under 18 CFR part 34 accordance with Rules 211 and 214 of of all future issuances of securities and Federal Energy Regulatory the Commission’s Rules of Practice and assumptions of liability by QLT. Commission Procedure (18 CFR 385.211, 385.214). On December 2, 2004, the Protests will be considered by the [Docket No. PL05–5–000] Commission granted the request for Commission in determining the blanket approval under part 34, subject Inquiry Regarding Income Tax appropriate action to be taken, but will to the following: Allowances; Request for Comments; not serve to make protestants parties to [A]ny person desiring to be heard or Notice of Extension of Time the proceeding. Any person wishing to to protest the blanket approval of become a party must file a notice of issuances of securities or assumptions of December 9, 2004. intervention or motion to intervene, as liability by QLT should file a motion to On December 8, 2004, the Association appropriate. Such notices, motions, or intervene or protest with the Federal of Oil Pipe Lines (AOPL), Interstate protests must be filed on or before the Energy Regulatory Commission, 888 Natural Gas Association of America comment date. Anyone filing a motion First Street, NE., Washington, DC 20426, (INGAA), and Edison Electric Institute to intervene or protest must serve a copy in accordance with Rules 211 and 214 (EEI) (together, Movants) filed a motion of that document on the Applicant and of the Commission’s Rules of Practice for an extension of time to file all the parties in this proceeding. and Procedure. 18 CFR 385.211, 385.214 comments in response to the The Commission encourages (2004). Quiet Light Trading, LLC, 109 Commission’s Request For Comments electronic submission of protests and FERC ¶ 61, 251 (2004). issued December 2, 2004, in the above- interventions in lieu of paper using the Notice is hereby given that the docketed proceeding. Movants state that ‘‘eFiling’’ link at http://www.ferc.gov. deadline for filing motions to intervene an extension is necessary because the Persons unable to file electronically or protest, is January 3, 2005. current deadline for filing comments, should submit an original and 14 copies Absent a request to be heard in December 22, 2004, falls during the of the protest or intervention to the opposition by the deadline above, QLT holiday season and it is difficult to Federal Energy Regulatory Commission, is authorized to issue securities and assemble the resources required to 888 First Street, NE., Washington, DC assume obligations or liabilities as a respond to the significant and complex 20426. guarantor, indorser, surety, or otherwise

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in respect of any security of another Inc., the corporate partner owned some By direction of the Commission. person; provided that such issuance or 42.7 percent of SFPP, L.P.’s limited Magalie R. Salas, assumption is for some lawful object partnership interests. Thus, under the Secretary. within the corporate purposes of QLT, Commission’s ruling in the Opinion No. [FR Doc. 04–27375 Filed 12–10–04; 8:45 am] compatible with the public interest, and 435 orders, SFPP, L.P. was permitted an BILLING CODE 6717–01–P is reasonably necessary or appropriate income tax allowance for 42.7 percent of for such purposes. the net operating (pre-tax) income The Commission reserves the right to expected from operations. Pursuant to DEPARTMENT OF ENERGY require a further showing that neither the so-called Lakehead income tax public nor private interests will be allowance doctrine,3 SFPP, L.P. was Federal Energy Regulatory adversely affected by continued denied an income tax allowance equal Commission approval of QLT’s issuances of to the 57.3 percent of its limited [Docket No. EG05–19–000, et al.] securities or assumptions of liability. partnership interests that were held by Copies of the full text of the non-corporate partners. The rationales Texas Genco, L.P., et al.; Electric Rate Commission’s Order are available from for this doctrine the court rejected and Corporate Filings the Commission’s Public Reference include: (1) The double taxation of Room, 888 First Street, NE., corporate earnings, (2) the equalization November 3, 2004. Washington, DC 20426. The Order may of returns between different types of The following filings have been made also be viewed on the Commission’s publicly held interests,4 and (3) with the Commission. The filings are Web site at http://www.ferc.gov, using encouraging capital formation and listed in ascending order within each the eLibrary link. Enter the docket investment. docket classification. number excluding the last three digits in 2. The Commission is seeking the docket number filed to access the comments on whether the court’s ruling 1. Texas Genco, LP document. Comments, protests, and applies only to the specific facts of the [Docket No. EG05–19–000] interventions may be filed electronically 5 SFPP, L.P. proceeding, or also extends Take notice that on October 28, 2004, via the Internet in lieu of paper. See 18 to other capital structures involving Texas Genco, LP (Genco) tendered for CFR 385.2001(a)(1)(iii) and the partnership and other forms of filing an application for a determination instructions on the Commission’s Web ownerships. For example, should the of exempt wholesale generator status, site under the ‘‘e-Filing’’ link. The court’s reasoning apply to partnerships pursuant to section 32(a)(1) of the Commission strongly encourages in which: (1) All the partnership Public Utility Holding Company Act of electronic filings. interests are owned by investors without 1935, as amended (PUHCA), 15 U.S.C. Magalie R. Salas, intermediary levels of ownership; (2) 79z–5a(a)(1) (2000), and subchapter T, Secretary. the only intermediary ownership is a part 365 of the regulations of the Federal [FR Doc. E4–3599 Filed 12–10–04; 8:45 am] general partnership; (3) all the Energy Regulatory Commission 18 CFR partnership interests are owned by BILLING CODE 6717–01–P part 365 (2004). corporations; and (4) the corporate Genco states that it is a limited ownership of the partnership interests is partnership organized and existing DEPARTMENT OF ENERGY minimal, such as a 1 percent general under the laws of the State of Texas that partnership interest of a master limited will continue to own an interest in an Federal Energy Regulatory partnership? If the court’s decision electric generating facility with an Commission precludes an income tax allowance for aggregate maximum capacity of [Docket No. PL05–5–000] a partnership or other ownership approximately 2,500 megawatts located interests under any of these situations, in Texas. Genco states that it is and will Inquiry Regarding Income Tax will this result in insufficient incentives continue to be engaged directly, or Allowances; Request for Comments for investment in energy infrastructure? indirectly through one or more affiliates Or will generally the same amount of as defined in section 2(a)(11)(B) of December 2, 2004. investment occur through other PUHCA, and exclusively in the business 1. On July 20, 2004, the Court of ownership arrangements? Are there of owning eligible facilities, and selling Appeals for the District of Columbia other methods of providing an electric energy at wholesale. Circuit issued an opinion in BP West opportunity to earn an adequate return Comment Date: 5 p.m. eastern time on 1 Coast Producers, LLC v. FERC. In that are not dependent on the tax November 18, 2004. reviewing a series of orders involving implications of a particular capital SFPP, L.P.,2 the court held, among other structure? 2. TransCanada Hydro Northeast Inc. things, that the Commission had not 3. The Commission invites interested [Docket No. EG05–20–000] adequately justified its policy of persons to submit comments on the On October 29, 2004, TransCanada providing an oil pipeline limited issues and specific questions identified Hydro Northeast Inc. (TC Hydro NE), a partnership with an income tax in this notice. Comments are due by Delaware corporation with its principal allowance equal to the proportion of its December 22, 2004. Comments must place of business in Westborough, limited partnership interests owned by refer to Docket No. PL05–5–000. Massachusetts, filed with the Federal corporate partners. In that case, SFPP, Energy Regulatory Commission an 3 Lakehead Pipe Line Company, L.P., 71 FERC application for determination of exempt 1 BP West Coast Producers, LLC v. FERC, 374 F.3d ¶ 61,388 (1995), reh’g denied, 75 FERC ¶ 61,181 1263 (BP West Coast), reh’g denied, 2004 U.S. App. (1998) (Lakehead). wholesale generator status pursuant to LEXIS 20976–98 (2004). 4 These were the stock of the corporate partner part 365 of the Commission’s 2 Opinion No. 435 (86 FERC ¶ 61,022 (1999)), (which involves two layers of taxation of SFPP, L.P. regulations. Opinion No. 435–A (91 FERC ¶ 61,135 (2000)), earnings) and the limited partnership interests TC Hydro NE states it will operate Opinion No. 435–B (96 FERC ¶ 61,281 (2000)), and (which involve only one). an Order on Clarification and Rehearing (97 FERC 5 Now pending before the Commission on remand hydroelectric assets with a total ¶ 61,138 (2001)) (collectively the Opinion No. 435 and rehearing in Docket Nos. OR92–8–000, et al., generating capacity of approximately orders.) and OR96–2–000, et al., respectively. 560 MW located in Massachusetts, New

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Hampshire and Vermont (the hydro There is an ‘‘eSubscription’’ link on the A fact sheet prepared by the FERC assets). TC Hydro NE further states that Web site that enables subscribers to entitled ‘‘An Interstate Natural Gas the hydro assets are interconnected to receive e-mail notification when a Facility on My Land? What Do I Need the transmission system of New England document is added to a subscribed To Know?’’ was attached to the project Power. docket(s). For assistance with any FERC notice Columbia provided to Comment Date: 5 p.m. eastern time on Online service, please e-mail landowners. This fact sheet addresses a November 19, 2004. [email protected], or call number of typically asked questions, 3. City of Pasadena, California (866) 208–3676 (toll free). For TTY, call including the use of eminent domain (202) 502–8659. and how to participate in the [Docket No. EL05–18–000] Commission’s proceedings. It is Take notice that on October 29, 2004, Magalie R. Salas, available for viewing on the FERC the City of Pasadena, California Secretary. Internet Web site (http://www.ferc.gov). (Pasadena) submitted for filing a [FR Doc. E4–3602 Filed 12–10–04; 8:45 am] Summary of the Proposed Project Petition for Declaratory Order and BILLING CODE 6717–01–P Request for Waiver of Filing Fee on Columbia wants to replace existing 8- Behalf of the City of Pasadena, and 16-inch-diameter pipeline on its California. Pasadena’s Petition requests DEPARTMENT OF ENERGY Line A–5 with 30-inch-diameter that the Commission issue an order: (1) pipeline. Columbia presently is accepting Pasadena’s Transmission Federal Energy Regulatory conducting a Line A–5 Age and Revenue Requirement (TRR) and Commission Condition replacement program to Transmission Owner (TO) Tariff [Docket No. CP05–19–000] replace sections of its aging Line A–5 to submitted with Pasadena’s Petition for ensure safety and continuity of service. filing effective as of the later of January Columbia Gas Transmission Under the Age and Condition program, 1, 2005 or the effective date of a Corporation; Notice of Intent To the 8.8 miles of pipeline normally Transmission Control Agreement Prepare an Environmental Assessment would be replaced with 10-inch- acceptable to Pasadena, (2) approving for the Proposed Line A–5 diameter pipeline. However, Columbia Pasadena’s TRR, (3) waiving the filing Replacement Project and Request for proposes instead to install 30-inch- fee for Pasadena’s petition, and (4) Comments on Environmental Issues diameter pipeline in anticipation of granting any other relief or waivers as increased firm demand for natural gas in may be necessary or appropriate for December 6, 2004. the northeast and to avoid re-entering approval or implementation of The staff of the Federal Energy and disturbing sensitive areas along the Pasadena’s TRR and TO Tariff. Regulatory Commission (FERC or existing pipeline right-of-way again in Comment Date: 5 p.m. eastern time on Commission) will prepare an the near future to install the larger November 19, 2004. environmental assessment (EA) that will diameter pipeline. Columbia seeks discuss the environmental impacts of Standard Paragraph authority to: the Line A–5 Replacement Project • Construct and operate 8.8 miles of Any person desiring to intervene or to involving construction and operation of 30-inch-diameter pipeline between its protest this filing must file in facilities by Columbia Gas Transmission existing Tuxedo/Central Hudson M&R accordance with Rules 211 and 214 of Corporation (Columbia) in Orange and Station in Orange County, New York, the Commission’s Rules of Practice and Rockland Counties, New York.1 These and its existing Ramapo M&R Station in Procedure (18 CFR 385.211 and facilities would consist of about 8.8 Rockland County, New York, replacing 385.214). Protests will be considered by miles of 30-inch-diameter pipeline, 8- and 16-inch-diameter pipeline on its the Commission in determining the modifications to three existing Line A–5; appropriate action to be taken, but will measurement and regulation (M&R) • Modify its existing Tuxedo/Central not serve to make protestants parties to stations, and related facilities. This EA Hudson M&R Station at project milepost the proceeding. Any person wishing to will be used by the Commission in its (MP) 0.0 in Orange County, New York; become a party must file a notice of decision-making process to determine • Modify its existing Sloatsburg M&R intervention or motion to intervene, as whether the project is in the public Station at MP 5.3 in Rockland County, appropriate. Such notices, motions, or convenience and necessity. New York; protests must be filed on or before the If you are a landowner receiving this • Modify its existing Ramapo M&R comment date. Anyone filing a motion notice, you may be contacted by a Station at MP 8.8 in Rockland County, to intervene or protest must serve a copy pipeline company representative about New York; and • of that document on the Applicant and the acquisition of an easement to Abandon in place about 1 mile of all parties to this proceeding. construct, operate, and maintain the Line A–5 where Columbia would install The Commission encourages proposed facilities. The pipeline a section of 30-inch-diameter pipeline electronic submission of protests and company would seek to negotiate a by horizontal directional drill (HDD) interventions in lieu of paper using the mutually acceptable agreement. between MPs 1.87 and 2.12 to cross ‘‘eFiling’’ link at http://www.ferc.gov. However, if the project is approved by New York Route 17, the Metro North Persons unable to file electronically the Commission, that approval conveys Railroad, the Ramapo River, and should submit an original and 14 copies with it the right of eminent domain. Interstate 87. of the protest or intervention to the Therefore, if easement negotiations fail Orange and Rockland Utilities (ORU) Federal Energy Regulatory Commission, to produce an agreement, the pipeline would relocate about 475 feet of its 4- 888 First Street, NE., Washington, DC company could initiate condemnation inch-diameter distribution pipeline that 20426. proceedings in accordance with State is currently located adjacent to This filing is accessible on-line at law. Columbia’s Line A–5 east of the http://www.ferc.gov, using the Sloatsburg M&R Station. The ORU ‘‘eLibrary’’ link and is available for 1 Columbia’s application was filed with the pipeline would be moved about 15 feet review in the Commission’s Public Commission under section 7 of the Natural Gas Act from its present location, but would be Reference Room in Washington, DC. and part 157 of the Commission’s regulations. installed within the construction right-

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of-way for the Line A–5 Replacement In the EA we 2 will discuss impacts • About 3,899 feet of wetlands would Project. that could occur as a result of the be crossed affecting about 3.94 acres of construction and operation of the wetlands. The location of the project facilities is • shown in Appendix 1. proposed project under these general Two trout fisheries would be headings: crossed. Land Requirements for Construction • Geology and soils. • Two federally threatened or • Land use. endangered species or their habitats Construction of the proposed facilities • Water resources, fisheries, and may be affected. would require about 139.8 acres of land. wetlands. • Six State threatened or endangered This acreage includes all of the • Cultural resources. species or their habitats may be affected. construction workspaces, storage/ • Vegetation and wildlife. • About 55.4 acres of forest would be contractor yards, and access roads. • Air quality and noise. cleared for construction permanently About 38.8 acres of the construction • Endangered and threatened species. affecting about 1.6 acres. work area would be within the existing • Hazardous waste. • Cultural resources may be affected. Line A–5 right-of-way. Following • Public safety. • Blasting would be required for construction, about 54.3 acres would be We will also evaluate possible pipeline construction. maintained for operation of the alternatives to the proposed project or • Steep slopes may be a potential pipeline. About 4.9 acres would be new portions of the project, and make hazard during construction. permanent right-of-way. The remaining recommendations on how to lessen or • Pipeline construction would cross 85.5 acres of land would be restored and avoid impacts on the various resource public land including the Sterling allowed to revert to its former use. areas. Forest State Park (MP 0.0 to 0.1 and MP Our independent analysis of the 0.4 to 0.8), Harriman State Park (MP 2.1 Typically, pipeline construction to 5.3 and MP 5.4 to 7.9), and Kakiat would require a 75-foot-wide issues will be in the EA. Depending on the comments received during the County Park (MP 7.9 to 8.7). Contractor/ construction right-of-way. However, in scoping process, the EA may be Storage yards would be in Harriman areas with steep terrain and large published and mailed to Federal, State, State Park (near the intersection of New amounts of rock, an additional 25 feet and local agencies, public interest York Routes 17 and 17A), and in the of temporary workspace would be groups, interested individuals, affected Samuel Fisher Mount Ivy required. In residential areas and within landowners, newspapers, libraries, and Environmental County Park along U.S. waterbodies and wetlands, the the Commission(s official service list for Route 202. construction right-of-way width would this proceeding. A comment period will • A total of 14 hiking trails would be be restricted to 75 feet. Extra be allotted for review if the EA is crossed in Harriman State Park and workspaces would be required at road, published. We will consider all Kakiat County Park. • waterbody, and wetland crossings, and comments on the EA before we make Operation of the HDD would be at the entry and exit points of the HDD. our recommendations to the noisy. • Columbia would use about 12.5 acres of Commission. Safety. land as storage/contractor yards during To ensure your comments are Public Participation construction of the project. Nine access considered, please carefully follow the roads would be used for the project instructions in the public participation You can make a difference by affecting about 8.3 acres. Most of these section beginning on page 5. providing us with your specific are existing roads, however they would comments or concerns about the project. require widening for use by Currently Identified Environmental By becoming a commentor, your construction vehicles. Issues concerns will be addressed in the EA and considered by the Commission. You The EA Process We have already identified several issues that we think deserve attention should focus on the potential The National Environmental Policy based on a preliminary review of the environmental effects of the proposal, Act (NEPA) requires the Commission to proposed facilities and the alternatives to the proposal (including take into account the environmental environmental information provided by alternative routes), and measures to impacts that could result from an action Columbia. This preliminary list of avoid or lessen environmental impact. whenever it considers the issuance of a issues may be changed based on your The more specific your comments, the Certificate of Public Convenience and comments and our analysis. more useful they will be. Please Necessity. NEPA also requires us to • Eight residences have been carefully follow these instructions to discover and address concerns the identified within 50 feet of the ensure that your comments are received in time and properly recorded: public may have about proposals. This construction right-of-way. • Send an original and two copies of process is referred to as ‘‘scoping’’. The • A proposed residential your letter to: Magalie R. Salas, main goal of the scoping process is to development has been identified Secretary, Federal Energy Regulatory focus the analysis in the EA on the between MPs 1.7 and 1.9 of the Commission, 888 First St., NE., Room important environmental issues. By this pipeline. • 1A, Washington, DC 20426. Notice of Intent, the Commission staff Seven private water wells would be • within 150 feet of the construction right- Label one copy of the comments for requests public comments on the scope the attention of Gas Branch 2. of the issues to address in the EA. All of-way. • • Reference Docket No. CP05–19–000 comments received are considered Thirty nine waterbodies would be • crossed including 1 ephemeral, 14 Mail your comments so that they during the preparation of the EA. State will be received in Washington, DC on and local government representatives intermittent, and 15 perennial waterbodies. or before January 5, 2005. are encouraged to notify their Please note that we are continuing to constituents of this proposed action and 2 experience delays in mail deliveries encourage them to comment on their ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the environmental staff of the Office of Energy Projects from the U.S. Postal Service. As a result, areas of concern. (OEP). we will include all comments that we

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receive within a reasonable time frame or who own homes within distances ENVIRONMENTAL PROTECTION in our environmental analysis of this defined in the Commission’s regulations AGENCY project. However, the Commission of certain aboveground facilities. By this [OPA–2004–0010, FRL–7847–5] strongly encourages electronic filing of notice we are also asking governmental any comments or interventions or agencies, especially those in Appendix Agency Information Collection protests to this proceeding. See 18 CFR 3, to express their interest in becoming Activities: Proposed Collection; 385.2001(a)(1)(iii) and the instructions cooperating agencies for the preparation Comment Request; Renewal of on the Commission’s Web site at http:/ of the EA. Information Collection Request (ICR) /www.ferc.gov under the ‘‘e-Filing’’ link for the Oil Pollution Prevention and the link to the User’s Guide. Before Additional Information Regulation for Certain Facilities to you can file comments you will need to Prepare and Maintain an Oil Spill create a free account which can be Additional information about the project is available from the Prevention, Control and created on-line. Countermeasure (SPCC) Plan, EPA ICR If you do not want to send comments Commission’s Office of External Affairs, at 1–866–208–FERC or on the FERC #0328.11, OMB Control Number 2050– at this time but still want to remain on 0021 our mailing list, please return the Internet Web site (http://www.ferc.gov) Information Request (Appendix 4). If using the eLibrary link. Click on the AGENCY: Environmental Protection you do not return the Information eLibrary link, click on ‘‘General Search’’ Agency. Request, you will be taken off the and enter the docket number excluding ACTION: Notice. mailing list. the last three digits in the Docket Number field. Be sure you have selected SUMMARY: In compliance with the Becoming an Intervenor an appropriate date range. For Paperwork Reduction Act (44 U.S.C. In addition to involvement in the EA assistance, please contact FERC Online 3501 et seq.), this document announces scoping process, you may want to Support at that EPA is planning to submit a become an official party to the [email protected] or toll continuing Information Collection Request (ICR) to the Office of proceeding known as an ‘‘intervenor’’. free at 1–866–208–3676, or for TTY, Management and Budget (OMB). This is Intervenors play a more formal role in contact (202) 502–8659. The eLibrary the process. Among other things, a request to renew an existing approved link also provides access to the texts of collection. This ICR is scheduled to intervenors have the right to receive formal documents issued by the copies of case-related Commission expire on August 31, 2005. Before Commission, such as orders, notices, documents and filings by other submitting the ICR to OMB for review and rulemakings. intervenors. Likewise, each intervenor and approval, EPA is soliciting must send one electronic copy (using In addition, the Commission now comments on specific aspects of the the Commission’s eFiling system) or 14 offers a free service called eSubscription proposed information collection as paper copies of its filings to the which allows you to keep track of all described below. Secretary of the Commission and must formal issuances and submittals in DATES: Comments must be submitted on send a copy of its filings to all other specific dockets. This can reduce the or before February 11, 2005. parties on the Commission’s service list amount of time you spend researching ADDRESSES: Submit your comments, for this proceeding. If you want to proceedings by automatically providing referencing docket ID number OPA– become an intervenor you must file a you with notification of these filings, 2004–0010, to EPA online using motion to intervene according to Rule document summaries and direct links to EDOCKET (our preferred method), by e- 214 of the Commission’s Rules of the documents. Go to www.ferc.gov/ mail to [email protected], or Practice and Procedure (18 CFR esubscribenow.htm. by mail to: EPA Docket Center, 385.214) (see Appendix 2).3 Only Environmental Protection Agency, 1301 Finally, public meetings or site visits intervenors have the right to seek Constitution Ave., NW., EPA West, will be posted on the Commission’s rehearing of the Commission’s decision. Suite B–102, Washington, DC 20460. calendar located at http://www.ferc.gov/ Affected landowners and parties with FOR FURTHER INFORMATION CONTACT: EventCalendar/EventsList.aspx along environmental concerns may be granted Hugo Paul Fleischman, EPA Oil with other related information. intervenor status upon showing good Program, Mail Code 5203G, cause by stating that they have a clear Magalie R. Salas, Environmental Protection Agency, 1200 and direct interest in this proceeding Secretary. Pennsylvania Ave., NW., Washington, which would not be adequately [FR Doc. E4–3601 Filed 12–10–04; 8:45 am] DC 20460; telephone number: 703–603– represented by any other parties. You do 8769; fax number: 703–603–9116; email not need intervenor status to have your BILLING CODE 6717–01–P address: [email protected]. environmental comments considered. SUPPLEMENTARY INFORMATION: EPA has Environmental Mailing List established a public docket for this ICR An effort is being made to send this under Docket ID number OPA–2004– notice to all individuals, organizations, 0010, which is available for public and government entities interested in viewing at the Superfund Docket in the and/or potentially affected by the EPA Docket Center (EPA/DC), EPA proposed project. This includes all West, Room B102, 1301 Constitution landowners who are potential right-of- Ave., NW., Washington, DC. The EPA way grantors, whose property may be Docket Center Public Reading Room is used temporarily for project purposes, open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 3 Interventions may also be filed electronically via holidays. The telephone number for the the Internet in lieu of paper. See the previous Reading Room is (202) 566–1744, and discussion on filing comments electronically. the telephone number for the Superfund

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Docket is (202) 566–0276. An electronic Automotive Rental and Leasing (NAICS by a person with the authority to version of the public docket is available 4471/5321); (10) Heating Oil Dealers commit the resources necessary to through EPA Dockets (EDOCKET) at (NAICS 454311); (11) Transportation implement the SPCC Plan. SPCC Plans http://www.epa.gov/edocket. Use (including Pipelines), Warehousing, and address the following three areas: (1) EDOCKET to obtain a copy of the draft Marinas (NAICS 482–486/488112– Operating procedures that prevent oil collection of information, submit or 48819/ 4883/48849/492–493/71393); spills; (2) Control measures installed to view public comments, access the index (12) Elementary and Secondary Schools, prevent a spill from reaching navigable listing of the contents of the public Colleges (NAICS 6111–6113); (13) waters; and (3) Countermeasures to docket, and to access those documents Hospitals/Nursing and Residential Care contain, clean up, and mitigate the in the public docket that are available Facilities (NAICS 622–623). effects of an oil discharge that could electronically. Once in the system, Title: Renewal of Information reach navigable waters. Each SPCC Plan, select ‘‘search,’’ then key in the docket Collection Request (ICR) for the Oil while unique to the facility it covers, ID number identified above. Pollution Prevention regulation (40 CFR must include certain standard elements Any comments related to this ICR part 112) for certain facilities to prepare to ensure compliance with the should be submitted to EPA within 60 and maintain an Oil Spill Prevention, regulations. days of this notice. EPA’s policy is that Control, and Countermeasure (SPCC) The primary data collection activities public comments, whether submitted Plan required by the Oil Pollution Prevention electronically or in paper, will be made Abstract: The Oil Pollution regulation are the preparation and available for public viewing in Prevention regulation, found at 40 CFR maintenance of the SPCC Plan along EDOCKET as EPA receives them and part 112, outlines requirements for both with preparing records of inspections without change, unless the comment prevention of and response to oil spills. and tests. In preparing a Plan, the owner contains copyrighted material, The prevention aspect of this regulation or operator of a new facility must confidential business information (CBI), is also known as the SPCC regulation. It prepare and implement an SPCC Plan in or other information whose public was originally promulgated on accordance with the guidelines set forth disclosure is restricted by statute. When December 11, 1973, at 38 FR 34164, in 40 CFR part 112 before beginning EPA identifies a comment containing under the authority of section facility operations. Section 112.3 copyrighted material, EPA will provide 311(j)(1)(C) of the CWA. The regulation requires the owner or operator to a reference to that material in the established spill prevention procedures, maintain a copy of the SPCC Plan at the version of the comment that is placed in methods, and equipment requirements facility, if the facility is normally EDOCKET. The entire printed comment, for non-transportation-related onshore attended for at least four hours per day including the copyrighted material, will and offshore facilities with aboveground or, if not, at the nearest field office. In be available in the public docket. oil storage capacity greater than 1,320 the event of certain discharges of oil Although identified as an item in the gallons (or greater than 660 gallons in a into navigable waters, a facility owner official docket, information claimed as single tank), or buried underground oil or operator must submit information CBI, or whose disclosure is otherwise storage capacity greater than 42,000 described in § 112.4(a) to the Regional restricted by statute, is not included in gallons. Regulated facilities are also Administrator within 60 days. the official public docket, and will not limited to those that, because of their Additionally, the facility owner or be available for public viewing in location, could reasonably be expected operator must amend his Plan in EDOCKET. For further information to discharge oil into the navigable accordance with § 112.7 whenever there about the electronic docket, see EPA’s waters of the United States or adjoining is a change in the facility’s design, Federal Register notice describing the shorelines. construction, operation, and electronic docket at 67 FR 38102 (May On July 17, 2002, at 67 FR 47042, EPA maintenance that materially affects the 31, 2002), or go to http://www.epa.gov./ published final amendments to the facility’s potential to discharge oil into edocket. SPCC rule. The final rule included new navigable waters. Affected entities: The industries that subparts outlining the requirements for EPA does not collect SPCC Plans or are likely to be covered by the SPCC different classes of oil; revised the related records from facilities on a regulation fall into many North applicability of the regulation; amended routine basis. Preparation, American Industrial Classification the requirements for completing SPCC implementation, and maintenance of the System (NAICS) categories, including Plans; and made other modifications. SPCC Plan by the facility helps prevent those associated with petroleum and The final rule also contained a number oil discharges and mitigate the non-petroleum oil production, of provisions designed to decrease environmental damage caused by such processing (refining), distribution, and regulatory burden on facility owners discharges. Therefore, the primary user consumption. The specific private and operators subject to the rule, while of the data is the facility itself. For industry sectors subject to this action preserving environmental protection. example: include, but are not limited to: (1) Crop The rule was effective August 16, 2002. • Accumulating the necessary data and Animal Production (NAICS 111– The rule included compliance dates in requires that the facility staff analyze 112): (2) Crude Petroleum and Natural § 112.3(a) and (b); however, the original the strengths and weaknesses of the Gas Extraction (NAICS 211111); (3) Coal compliance dates were extended for facility for preventing oil discharges, Mining, Non-Metallic Mineral Mining eighteen months on April 7, 2003 (68 FR facilitating safety awareness, and and Quarrying (NAICS 2121/2123/ 18890). On August 11, 2004, EPA promoting appropriate modifications to 213114/213116); (4) Electric Power extended by an additional eighteen facility design and operations; Generation, Transmission, and months the compliance dates in • Having the required information in Distribution (NAICS 2211); (5) Heavy § 112.3(a) and (b), and amended the a single document promotes efficient Construction (NAICS 234); (6) compliance deadline in § 112.3(c) (69 response in the event of a discharge; Petroleum and Coal Products FR 48794). • Implementing the Plan according to Manufacturing (NAICS 324); (7) Other The Oil Pollution Prevention the specifications of 40 CFR part 112 Manufacturing (NAICS 31–33); (8) regulation requires that an SPCC Plan be requires meeting certain design and Petroleum Bulk Stations and Terminals prepared in accordance with good operational standards that reduce the (NAICS 42271); (9) Gasoline Stations/ engineering practices and be approved likelihood of an oil discharge;

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• Keeping inspection records to be confidential. An agency may not For the typical existing small, promotes important maintenance, conduct or sponsor, and a person is not medium, and large facility, the facilitates leak detection, and required to respond to, a collection of estimated total annual baseline costs for demonstrates compliance with the SPCC information unless it displays a all information collection activities requirements; and currently valid OMB control number. required by the SPCC regulation are • Reviewing the Plan periodically The OMB control numbers for EPA’s $200, $199, and $345 per facility, ensures the implementation of more regulations in 40 CFR are listed in 40 respectively. For typical new small, effective spill prevention control CFR part 9. medium, and large facility, the total technology. The EPA would like to solicit annual baseline costs for all information Although the facility is the primary comments to: collection activities required by the Oil user of the data, EPA uses the data in (i) Evaluate whether the proposed Pollution Prevention regulation are certain situations. EPA’s primary use of collection of information is necessary estimated to be $2,695, $2,744, and the data contained in an SPCC Plan is for the proper performance of the $3,354 per facility, respectively. to ensure that a facility is in full functions of the Agency, including Estimated annual costs for new facilities compliance with all elements of the whether the information will have are higher than for existing facilities SPCC regulation, including design and practical utility; because of the greater expense operation specifications and inspection (ii) evaluate the accuracy of the associated with initially preparing the requirements. EPA reviews SPCC Plans Agency’s estimate of the burden of the Plan. Starting in the third year of this as part of EPA’s inspection program and proposed collection of information, ICR, the net annualized capital and when information is submitted because including the validity of the start-up costs for all facilities average of an oil discharge. A Regional methodology and assumptions used; $0.3 million, and net annualized labor Administrator may require a facility (iii) enhance the quality, utility, and and O&M costs are $74.5 million and owner or operator to amend the SPCC clarity of the information to be $26.3 million, respectively. Plan if he finds that the facility has not collected; and Burden means the total time, effort, or met the requirements of the regulation (iv) minimize the burden of the financial resources expended by persons or that Plan amendment is necessary to collection of information on those who to generate, maintain, retain, or disclose prevent and contain discharges of oil. If are to respond, including through the or provide information to or for a a facility does not amend its SPCC Plan, Federal agency. This includes the time it may face civil penalties under the use of appropriate automated electronic, mechanical, or other technological needed to review instructions; develop, Clean Water Act. acquire, install, and utilize technology State and local governments are also collection techniques or other forms of and systems for the purposes of users of the data. The information information technology, e.g., permitting collecting, validating, and verifying provided in SPCC Plans (e.g., facility electronic submission of responses. information, processing and configuration, capabilities, and potential Burden Statement: An estimated maintaining information, and disclosing risks) is not necessarily available 427,211 existing facilities and 4,372 elsewhere and can greatly assist local new facilities are subject to the SPCC and providing information; adjust the emergency preparedness planning regulations in the first year of this ICR existing ways to comply with any efforts. The Plan should be compatible period. The breakdown by facility size previously applicable instructions and and coordinated with local emergency is estimated to be 355,550 small requirements; train personnel to be able plans, including those developed under facilities, 64,283 medium facilities, and to respond to a collection of Title III of the Superfund Amendments 11,750 large facilities subject to the information; search data sources; and Reauthorization Act of 1986 (Pub. information collection activities. A 1 complete and review the collection of L. 99–499). Coordination with state percent annual growth rate is assumed information; and transmit or otherwise governments is facilitated by the to continue for the duration of this ICR. disclose the information. provision in § 112.4(c) requiring that, The total hour burden to the entire Dated: November 29, 2004. after certain discharges, information on regulated community over the three- Dana S. Tulis, the discharge be sent to the relevant year period covered by the renewal ICR Deputy Director, Office of Emergency state agencies. The flexibility with is approximately 5,196,061 hours, or Management. respect to formatting proposed in this 1,732,020 hours annually. The net [FR Doc. 04–27262 Filed 12–10–04; 8:45 am] rule promotes greater coordination with annual public reporting and BILLING CODE 6560–50–P State planning efforts because the use of recordkeeping burden for this collection plans prepared pursuant to state of information, for newly regulated regulations is encouraged. facilities is estimated to range from 35.1 ENVIRONMENTAL PROTECTION EPA is currently involved in an effort to 65.2 hours per facility, with an AGENCY to estimate the universe of facilities average burden of approximately 38.0 regulated by the SPCC rule. The purpose hours, including time for reviewing [FRL–7847–3] of this effort is to include the full range instructions and gathering the data Proposed Settlement Agreement, of industries and number of affected needed. The net annual public reporting Clean Air Act Citizen Suit facilities impacted by this rule. Given and recordkeeping burden for facilities that the information used in this ICR is already regulated by the Oil Pollution AGENCY: Environmental Protection based on analysis and data collected Prevention regulation is estimated to Agency (EPA). between 1990 and 1996, we believe range from 3.5 to 7.35 hours. These ACTION: Notice of Proposed Settlement more current data will more accurately average annual burden estimates take Agreement; request for public comment. reflect today’s situation and give EPA into account the varied frequencies of and the universe of regulated facilities response for individual facilities SUMMARY: In accordance with section a truer picture of the impact of the according to characteristics specific to 113(g) of the Clean Air Act, as amended regulation. those facilities, including frequency of (‘‘Act’’), 42 U.S.C. 7413(g), notice is None of the information to be oil discharges and facility hereby given of a proposed settlement gathered for this collection is believed modifications. agreement, to address a lawsuit filed by

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Automotive Refrigeration Products of Stratospheric Ozone; Refrigerant 1301 Constitution Ave., NW., Institute, Automotive Aftermarket Recycling; Substitute Refrigerants, 69 Washington, DC. The EPA Docket Industry Association, and FR 11945 (March 12, 2004), challenging Center Public Reading Room is open Interdynamics (collectively, the final rule. Once implemented the from 8:30 a.m. to 4:30 p.m., Monday ‘‘Petitioners’’): Automotive Refrigeration Settlement Agreement (the through Friday, excluding legal Products Institute, and Automotive ‘‘Agreement’’) would resolve these holidays. The telephone number for the Aftermarket Industry Association, et al. petitions for review. The Agreement, Public Reading Room is (202) 566–1744, v. EPA, No. 04–1158 (DC Cir.) which is subject to CAA section 113(g), and the telephone number for the OEI (consolidated with No. 04–1159). On provides that EPA shall sign either a Docket is (202) 566–1752. May 11, 2004, Petitioners filed petitions notice of proposed rulemaking or a An electronic version of the public for review challenging the EPA’s final notice of direct final rulemaking and docket is available through EPA’s rule entitled ‘‘Protection of concurrent proposal to correct the electronic public docket and comment Stratospheric Ozone; Refrigerant definitions of ‘‘refrigerant’’ and system, EPA Dockets. You may use EPA Recycling Substitute Refrigerants’’ ‘‘technician.’’ In addition, EPA will Dockets at http://www.epa.gov/edocket/ published on March 12, 2004 (69 FR propose to amend 40 CFR 82.154(a) to to submit or view public comments, 11945). Under the terms of the proposed ensure that it will continue to be illegal access the index listing of the contents settlement agreement, EPA will to knowingly vent pure HFCs, pure of the official public docket, and to undertake rulemaking acting to make PFCs, class I or class II ozone-depleting access those documents in the public certain corrections to the rule at issue. substance, and blends of these docket that are available electronically. EPA will provide notice in the Federal substances during the service, Once in the system, select ‘‘search,’’ Register and an opportunity for public maintenance, repair, or disposal of then key in the appropriate docket comment. No later than 60 days after the appliances. identification number. date this Agreement becomes final, EPA The Agreement also provides that It is important to note that EPA’s shall sign either a notice of proposed within five days of its execution by the policy is that public comments, whether rulemaking or a notice of direct final Parties but before the Agreement submitted electronically or on paper, rulemaking and concurrent proposal to becomes final, the Parties shall file a will be made available for public correct definitions of ‘‘refrigerant’’ and joint motion with the Court notifying it viewing in EPA’s electronic public ‘‘technician’’ and to ensure that it of this Agreement and requesting that docket as EPA receives them and remains illegal to knowingly vent this case be held in abeyance pending without change, unless the comment certain substances during described implementation of the terms of the contains copyrighted material, CBI, or activities. Agreement. Petitioners agree to other information whose disclosure is restricted by statute. Information DATES: Written comments on the voluntarily dismiss this case within 30 claimed as CBI and other information proposed settlement agreement must be days of final agency action if EPA takes whose disclosure is restricted by statute received by January 12, 2005. action as described in the Agreement. For a period of thirty (30) days is not included in the official public ADDRESSES: Submit your comments, docket or in EPA’s electronic public identified by docket ID number OGC– following the date of publication of this notice, the Agency will receive written docket. EPA’s policy is that copyrighted 2004–0011, online at http:// material, including copyrighted material www.epa.gov/edocket (EPA’s preferred comments relating to the proposed settlement agreement from persons who contained in a public comment, will not method); by e-mail to be placed in EPA’s electronic public [email protected]; mailed to EPA were not named as parties or interveners to the litigation in question. EPA or the docket but will be available only in Docket Center, Environmental printed, paper form in the official public Protection Agency, Mailcode: 2822T, Department of Justice may withdraw or withhold consent to the proposed docket. Although not all docket 1200 Pennsylvania Ave., NW., materials may be available Washington, DC 20460–0001; or by settlement agreement if the comments disclose facts or considerations that electronically, you may still access any hand delivery or courier to EPA Docket of the publicly available docket Center, EPA West, Room B102, 1301 indicate that such consent is inappropriate, improper, inadequate, or materials through the EPA Docket Constitution Ave., NW., Washington, Center. DC, between 8:30 a.m. and 4:30 p.m. inconsistent with the requirements of Monday through Friday, excluding legal the Act. Unless EPA or the Department B. How and To Whom Do I Submit holidays. Comments on a disk or CD– of Justice determine, based on any Comments? ROM should be formatted in comment which may be submitted, that You may submit comments as consent to the settlement agreement Wordperfect or ASCII file, avoiding the provided in the ADDRESSES section. use of special characters and any form should be withdrawn, the terms of the Please ensure that your comments are of encryption, and may be mailed to the agreement will be affirmed. submitted within the specified comment mailing address above. II. Additional Information About period. Comments received after the FOR FURTHER INFORMATION CONTACT: Commenting on the Proposed close of the comment period will be Padmini Singh, Air and Radiation Law Settlement marked ‘‘late.’’ EPA is not required to Office (2344A), Office of General consider these late comments. Counsel, U.S. Environmental Protection A. How Can I Get A Copy of the If you submit an electronic comment, Agency, 1200 Pennsylvania Ave., NW., Settlement? EPA recommends that you include your Washington, DC 20460; telephone: (202) EPA has established an official public name, mailing address, and an e-mail 564–5641. docket for this action under Docket ID address or other contact information in SUPPLEMENTARY INFORMATION: No. OGC–2004–0011 which contains a the body of your comment and with any copy of the settlement. The official disk or CD ROM you submit. This I. Additional Information About the public docket is available for public ensures that you can be identified as the Proposed Settlement viewing at the Office of Environmental submitter of the comment and allows Petitioners filed petitions for review Information (OEI) Docket in the EPA EPA to contact you in case EPA cannot of EPA’s final rule entitled ‘‘Protection Docket Center, EPA West, Room B102, read your comment due to technical

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difficulties or needs further information to increase the accessibility to Board FEDERAL RESERVE SYSTEM on the substance of your comment. Any meetings, persons requiring assistance identifying or contact information should make arrangements in advance. Formations of, Acquisitions by, and provided in the body of a comment will The agenda for December 9, 2004, is Mergers of Bank Holding Companies be included as part of the comment that amended by moving the following item is placed in the official public docket, to the closed session as follows: The companies listed in this notice and made available in EPA’s electronic have applied to the Board for approval, public docket. If EPA cannot read your Closed Session* pursuant to the Bank Holding Company comment due to technical difficulties • FCS of America Termination Act of 1956 (12 U.S.C. 1841 et seq.) and cannot contact you for clarification, Summary. (BHC Act), Regulation Y (12 CFR Part EPA may not be able to consider your 225), and all other applicable statutes comment. Dated: December 9, 2004. and regulations to become a bank Your use of EPA’s electronic public Jeanette C. Brinkley, holding company and/or to acquire the docket to submit comments to EPA Secretary, Farm Credit Administration Board. assets or the ownership of, control of, or electronically is EPA’s preferred method [FR Doc. 04–27380 Filed 12–9–04; 3:05 pm] the power to vote shares of a bank or for receiving comments. The electronic bank holding company and all of the public docket system is an ‘‘anonymous BILLING CODE 6705–01–P banks and nonbanking companies access’’ system, which means EPA will owned by the bank holding company, not know your identity, e-mail address, including the companies listed below. or other contact information unless you provide it in the body of your comment. FEDERAL RESERVE SYSTEM The applications listed below, as well as other related filings required by the In contrast to EPA’s electronic public Change in Bank Control Notices; docket, EPA’s electronic mail (e-mail) Board, are available for immediate Acquisition of Shares of Bank or Bank system is not an ‘‘anonymous access’’ inspection at the Federal Reserve Bank Holding Companies system. If you send an e-mail comment indicated. The application also will be directly to the Docket without going The notificants listed below have available for inspection at the offices of through EPA’s electronic public docket, applied under the Change in Bank the Board of Governors. Interested your e-mail address is automatically Control Act (12 U.S.C. 1817(j)) and persons may express their views in captured and included as part of the writing on the standards enumerated in comment that is placed in the official § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank the BHC Act (12 U.S.C. 1842(c)). If the public docket, and made available in proposal also involves the acquisition of EPA’s electronic public docket. holding company. The factors that are considered in acting on the notices are a nonbanking company, the review also Dated: December 2, 2004. set forth in paragraph 7 of the Act (12 includes whether the acquisition of the Lisa K. Friedman, U.S.C. 1817(j)(7)). nonbanking company complies with the Associate General Counsel, Air and Radiation standards in section 4 of the BHC Act Law Office, Office of General Counsel. The notices are available for (12 U.S.C. 1843). Unless otherwise [FR Doc. 04–27259 Filed 12–10–04; 8:45 am] immediate inspection at the Federal noted, nonbanking activities will be Reserve Bank indicated. The notices BILLING CODE 6560–50–P conducted throughout the United States. also will be available for inspection at Additional information on all bank the office of the Board of Governors. holding companies may be obtained FARM CREDIT ADMINISTRATION Interested persons may express their from the National Information Center views in writing to the Reserve Bank website at www.ffiec.gov/nic/. Farm Credit Administration Board; indicated for that notice or to the offices Amendment to Sunshine Act Meeting of the Board of Governors. Comments Unless otherwise noted, comments must be received not later than regarding each of these applications AGENCY: Farm Credit Administration. December 27, 2004. must be received at the Reserve Bank SUMMARY: Pursuant to the Government indicated or the offices of the Board of in the Sunshine Act (5 U.S.C. A. Federal Reserve Bank of Atlanta Governors not later than January 6, 552b(e)(3)), the Farm Credit (Sue Costello, Vice President) 1000 2004. Administration gave notice on Peachtree Street, N.E., Atlanta, Georgia December 6, 2004 (69 FR 70443) of the 30303: A. Federal Reserve Bank of Dallas regular meeting of the Farm Credit (W. Arthur Tribble, Vice President) 2200 1. Charles C. Brooks, Crawford, North Pearl Street, Dallas, Texas 75201– Administration Board (Board) Georgia; to acquire additional voting scheduled for December 9, 2004. This 2272: shares of TCB Bancshares, Inc., notice is to amend the agenda by Crawford, Georgia, and thereby 1. SBT Bancshares, Inc., Irving, Texas, moving an item from the open to the indirectly acquire voting shares of The and SBT Bancshares of Delaware, Inc., closed session of that meeting. Commercial Bank, Crawford, Georgia. Wilmington, Delaware; to become bank FOR FURTHER INFORMATION CONTACT: holding companies by acquiring 100 Jeanette C. Brinkley, Secretary to the Board of Governors of the Federal Reserve percent of the voting shares of State Farm Credit Administration Board, System, December 7, 2004. Bank of Texas, Irving, Texas. (703) 883–4009, TTY (703) 883–4056. Robert deV. Frierson, Board of Governors of the Federal Reserve ADDRESSES: Farm Credit Deputy Secretary of the Board. System, December 7, 2004. Administration, 1501 Farm Credit Drive, [FR Doc. 04–27255 Filed 12–10–04; 8:45 am] Robert deV. Frierson, McLean, Virginia 22102–5090. BILLING CODE 6210–01–S SUPPLEMENTARY INFORMATION: Parts of Deputy Secretary of the Board. this meeting of the Board were open to [FR Doc. 04–27254 Filed 12–10–04; 8:45 am] the public (limited space available), and * Session Closed-Exempt pursuant to 5 U.S.C. BILLING CODE 6210–01–S parts were closed to the public. In order 552b(c)(4), (8) and (9).

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GENERAL SERVICES offeror must provide the information collection of information is accurate, ADMINISTRATION requested in the GSAR clause, and based on valid assumptions and Commercial Delivery Schedule [OMB Control No. 3090–0204] methodology; ways to enhance the (Multiple Award Schedule). Such a quality, utility, and clarity of the General Services Administration notice is necessary when preparations information to be collected. Acquisition Regulation;Information need to be made for docking arrangements, storage, trans-shipment of DATES: Submit comments on or before: Collection; Commercial Delivery January 12, 2005. ScheduleClause and Notice of materials handling equipment of Shipment supplies and equipment upon delivery, FOR FURTHER INFORMATION CONTACT: labor and inside delivery at destination. Michael J. Kosar, Accountant, Office of AGENCY: Office of the Chief Acquisition the Chief Financial Officer, Office of Officer, GSA. B. Annual Reporting Burden Finance, at (202) 501–2029 or via email Total Responses annually: 10,305 ACTION: Notice of request for comments to [email protected]. regarding a renewal to an existing OMB Hours Per Response: .26 clearance. Total Burden Hours: 2679 ADDRESSES: Submit comments regarding Obtaining Copies of Proposals: this burden estimate or any other aspect SUMMARY: Under the provisions of the Requesters may obtain a copy of the of this collection of information, Paperwork Reduction Act of 1995 (44 information collection documents from including suggestions for reducing this U.S.C. Chapter 35), the General Services the General Services Administration, burden to Ms. Jeanette Thornton, GSA Administration will be submitting to the Regulatory Secretariat (V), 1800 F Street, Desk Officer, OMB, Room 10236, NEOB, Office of Management and Budget NW., Room 4035, Washington, DC Washington, DC 20503, and a copy to (OMB) a request to review and approve 20405, telephone (202) 208–7312. Please the Regulatory Secretariat (V), General a renewal of a currently approved cite OMB Control No. 3090–0204, Services Administration, Room 4035, information collection requirement Commercial Delivery Schedule Clause regarding commercial delivery schedule 1800 F Street, NW., Washington, DC and Notice of Shipment, in all 20405. Please cite OMB Control Number clause and notice of shipment. correspondence. Public comments are particularly 3090–0007, GSA Form 527, Contractor’s invited on: Whether this collection of Dated: November 30, 2004. Qualifications and Financial information is necessary and whether it Laura Auletta Information, in all correspondence. DirectorContract Policy Division will have practical utility; whether our SUPPLEMENTARY INFORMATION: estimate of the public burden of this [FR Doc. 04–27209 Filed 12–10–04; 8:45 am] collection of information is accurate, BILLING CODE 6820–61–S A. Purpose and based on valid assumptions and methodology; ways to enhance the GSA Form 527 is used to determine quality, utility, and clarity of the GENERAL SERVICES the financial capability of prospective information to be collected. ADMINISTRATION contractors as to whether they meet the financial responsibility standards in DATES: Submit comments on or before: [OMB Control No. 3090–0007] February 11, 2005. accordance with the Federal Acquisition Regulation and the General Services FOR FURTHER INFORMATION CONTACT: Ms. General Services Administration Jeritta Parnell, Procurement Analyst, Acquisition Regulation; Information Administration Acquisition Manual. Collection; GSA Form 527, Contract Policy Division, at telephone B. Annual Reporting Burden (202) 501–4082 or via e-mail to Contractor’s Qualifications and [email protected]. Financial Information Respondents: 2,940 ADDRESSES: Submit comments regarding AGENCY: Office of the Chief Finance Responses Per Respondent: 1.2 this burden estimate or any other aspect Officer, GSA. Total Responses: 3,528 of this collection of information, ACTION: Notice of request for comments Hours Per Response: 2.5 including suggestions for reducing this regarding a renewal to an existing OMB burden to the Regulatory Secretariat (V), clearance. Total Burden Hours: 8,820 General Services Administration, Room Obtaining Copies of Proposals: 4035, 1800 F Street, NW., Washington, SUMMARY: Under the provisions of the Requesters may obtain a copy of the DC 20405. Please cite OMB Control No. Paperwork Reduction Act of 1995 (44 information collection documents from 3090–0204, Commercial Delivery U.S.C. Chapter 35), the General Services the General Services Administration, Schedule Clause and Notice of Administration has submitted to the Regulatory Secretariat (VIR), 1800 F Shipment in all correspondence. Office of Management and Budget Street, NW., Room 4035, Washington, SUPPLEMENTARY INFORMATION: (OMB) a request to review and approve DC 20405, telephone (202) 208–7312. a renewal of a currently approved Please cite OMB Control No. 3090–0007, A. Purpose information collection requirement GSA Form 527, Contractor’s The Commercial Delivery Schedule regarding GSA Form 527, Contractor’s (Multiple Award Schedule) clause Qualifications and Financial Qualifications and Financial required offerors to provide their Information. A request for public Information, in all correspondence. commercial delivery terms and comments was published in the Federal Dated: December 3, 2004. conditions. FSS awards contracts to Register at 69 FR 56769, September 22, Michael W. Carleton, commercial firms under terms and 2004. No comments were received. Chief Information Officer. conditions that mirror commercial Public comments are particularly [FR Doc. 04–27210 Filed 12–10–04; 8:45 am] practices for the supplies and services. invited on: Whether this collection of In order to ensure the Government information is necessary and whether it BILLING CODE 6820–34–S obtains the supplies within the offeror’s will have practical utility; whether our commercial delivery timeframe, the estimate of the public burden of this

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DEPARTMENT OF HEALTH AND whether the information shall have disabilities. Of particular interest is how HUMAN SERVICES practical utility; (b) the accuracy of the health information is communicated to agency’s estimate of the burden of the people with disabilities. This project Centers for Disease Control and proposed collection of information; (c) involves the conduct of an e-mail survey Prevention ways to enhance the quality, utility, and for an initiative evaluating the [60Day–05AO] clarity of the information to be effectiveness of health communication collected; and (d) ways to minimize the materials and strategies developed for Proposed Data Collections Submitted burden of the collection of information people with disabilities by North for Public Comment and on respondents, including through the Carolina, New Mexico, and New York Recommendations use of automated collection techniques with the support of health promotion or other forms of information grants from CDC. The survey data will In compliance with the requirement technology. Written comments should be analyzed to evaluate awareness of the of Section 3506(c)(2)(A) of the be received within 60 days of this state-developed materials among health Paperwork Reduction Act of 1995 for notice. care providers, human services opportunity for public comment on providers and consumer advocates proposed data collection projects, the Proposed Project using these materials, their impressions Centers for Disease Control and Health Communication Planning, of and satisfaction with the materials, Prevention (CDC) will publish periodic Implementation, and Evaluation for the impact of the materials, and summaries of proposed projects. To People with Disabilities—New— suggestions for improvement. Data will request more information on the National Center on Birth Defects and be collected using an on-line self- proposed projects or to obtain a copy of Developmental Disabilities (NCBDDD), reporting survey distributed via e-mail the data collection plans and Centers for Disease Control and and administered by linking to a web- instruments, call 404–371–5976 or send Prevention (CDC). based questionnaire. The results will be comments to Seleda Perryman, CDC Assistant Reports Clearance Officer, Background and Brief Description used to develop a training handbook to 1600 Clifton Road, MS–D74, Atlanta, The National Center on Birth Defects assist state agencies and public health GA 30333 or send an e-mail to and Developmental Disabilities officials in planning, developing, and [email protected]. (NCBDDD) at CDC promotes the health implementing health communication Comments are invited on: (a) Whether of babies, children, and adults with materials for people with disabilities. the proposed collection of information disabilities. As part of these efforts the There are no costs to respondents except is necessary for the proper performance Center is actively involved in improving their time to participate in the survey. of the functions of the agency, including the health and wellness of people with Annualized Burden Table:

Average Number of Number of burden per re- Total burden Survey respondents responses per sponse hours respondent (in hours)

Review E-mailed cover letter ...... 150 1 5/60 12.5 Electronic ...... 150 1 5/60 12.5 Web-based survey ...... 150 1 8/60 20

Total ...... 150 45

Dated: December 3, 2004. Centers for Disease Control and use of automated collection techniques Alvin Hall, Prevention (CDC) will publish periodic or other forms of information Director, Management Analysis and Services summaries of proposed projects. To technology. Written comments should Office, Centers for Disease Control and request more information on the be received within 60 days of this Prevention. proposed projects or to obtain a copy of notice. [FR Doc. 04–27185 Filed 12–10–04; 8:45 am] the data collection plans and Proposed Project BILLING CODE 4163–18–P instruments, call (404) 371–5978 or send comments to Sandi Gambescia, Performance Measurement Tracking CDC Assistant Reports Clearance Project for Grantee Sites in Cooperative DEPARTMENT OF HEALTH AND Officer, 1600 Clifton Road, MS-D74, Agreement with the Division of Oral HUMAN SERVICES Atlanta, GA 30333 or send an email to Health—New—National Center for [email protected]. Chronic Disease Prevention and Health Centers for Disease Control and Comments are invited on: (a) Whether Promotion (NCCDPHP), Centers for Prevention the proposed collection of information Disease Control and Prevention (CDC). is necessary for the proper performance Background and brief description: In [60Day–05AQ] of the functions of the agency, including 2000, the Surgeon General published Proposed Data Collections Submitted whether the information shall have the first ever report on oral health in for Public Comment and practical utility; (b) the accuracy of the America to alert Americans to the full Recommendations agency’s estimate of the burden of the meaning of oral health and its proposed collection of information; (c) importance to general health and In compliance with the requirement ways to enhance the quality, utility, and wellbeing. Included in the framework of Section 3506(c)(2)(A) of the clarity of the information to be for action was the charge to build an Paperwork Reduction Act of 1995 for collected; and (d) ways to minimize the effective oral health infrastructure that opportunity for public comment on burden of the collection of information meets the oral health needs of all proposed data collection projects, the on respondents, including through the Americans and integrates oral health

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effectively into overall health planning. development programs. Performance Performance Measurement Tracking In response, CDC awarded funds for measurement and tracking for this project are to: cooperative agreements to 13 project would describe the 1. Evaluate infrastructure development demonstration sites for the planning and implementation of each site’s activity characteristics among the funded implementation of oral health capacity infrastructure model in relation to sites. infrastructure building and environmental context and state 2. Synthesize progress and promote cross- demonstration delivery programs. characteristics. The results would collaboration among grantees. Building infrastructure enables the provide evidence for the essential 3. Make progress indicators available to demonstration sites to develop the implementation strategies for effective non-funded sites. capacity to achieve Healthy People 2010 infrastructure development as defined 4. Promote positive infrastructure growth objectives and reach many more by the consensus-based Association of among funded and non-funded sites. Americans than a single local program State and Territorial Dental Directors’ could reach by sustaining health gains (ASTDD) model. The results would be These objectives will be attained beyond the funding cycle. Infrastructure used to structure flexible guidelines for through a family of uniform evaluation development encompasses many infrastructure development and identify reporting documents designed to activities, each of which can be high-priority activities enabling evaluate demographic, extent, and accomplished in a myriad of methods additional sites to efficiently plan and culture climate of infrastructure by the grantees. To summarize and track implement cost-effective oral health development activities. One respondent vital development information across improvement activities. from each site will submit the activity- grantee sites, a performance Additionally, this project will assist tracking document semiannually. Non- measurement tracking project must be in the development of objectives and established for the demonstration sites. indicators of sustainability resulting in funded sites actively involved in Obtaining uniform data on performance the ability of these demonstration infrastructure development are welcome will allow the construction of summary programs to meet the needs of their to submit tracking information to further reports to assist future sites and not-yet- constituents beyond the seed-funding provide information for all sites. funded oral health infrastructure period. The objectives of the Annualized Burden Table:

Number of Number of Avg. burden Total annual Respondents respondents responses per per response burden per year respondent (in hours) (in hours)

Demonstration Site Grantees ...... 13 2 45/60 20

Total ...... 20

Dated: December 3, 2004. comments to CDC Desk Officer, Human surveillance programs, it is critical to Alvin Hall, Resources and Housing Branch, New monitor the capacity and current Director, Management Analysis and Services Executive Office Building, Room 10235, practices of public health laboratories to Office, Centers for Disease Control and Washington, DC 20503 or by fax to (202) appropriately test for these diseases. Prevention. 395–6974. Written comments should be The objectives of this proposed data [FR Doc. 04–27189 Filed 12–10–04; 8:45 am] received within 30 days of this notice. collection are to: (1) Collect information BILLING CODE 4163–18–P about the volume of and type of testing Proposed Project for chlamydia and gonorrhea performed Sexually Transmitted Diseases in laboratories; (2) collect information DEPARTMENT OF HEALTH AND Laboratory Test Method Survey—New— about antimicrobial susceptibility HUMAN SERVICES National Center for HIV, STD, and TB testing for gonorrhea; and (3) collect Prevention (NCHSTP), Centers for information about the volume and type Centers for Disease Control and Disease Control and Prevention (CDC). of testing for herpes simplex virus Prevention CDC is requesting OMB approval to (HSV), syphilis, human papillomavirus survey public health laboratories about (HPV), bacterial vaginosis, and [30Day–05–0461X] the volume of testing and type of trichomoniasis performed in Proposed Data Collections Submitted laboratory testing methods for sexually laboratories. This survey will build on for Public Comment and transmitted diseases (STD). In October data collected in 2001 by the Recommendations 2002, CDC published ‘‘Screening Tests Association of Public Health to Detect Chlamydia trachomatis and Laboratories on laboratory test methods The Centers for Disease Control and Neisseria gonorrhoeae Infections’’ and the volume of testing. Prevention (CDC) publishes a list of (MMWR 2002:51 (No. RR–15)). The CDC anticipates collecting this data information collection requests under purpose of this publication was to using an on-line survey of 140 public review by the Office of Management and provide information for public health health laboratories. The survey will take Budget (OMB) in compliance with the laboratories regarding the most effective approximately 20 minutes to complete; Paperwork Reduction Act (44 U.S.C. testing methodologies for Chlamydia there is no cost to respondents except Chapter 35). To request a copy of these trachomatis and Neisseria gonorrhoeae. their time to participate. The annualized requests, call the CDC Reports Clearance Because testing practices could affect burden for this data collection will be Officer at (404) 498–1210 or send an the resources available to public health 47 hours. email to [email protected]. Send written departments for STD screening and Annualized Burden Table:

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Average No. of Responses burden per re- Respondents respondents per sponse respondent (in hours)

State labs ...... 50 1 20/60 City/County labs ...... 80 1 20/60 Other Infertility Prevention Project Labs ...... 10 1 20/60

Dated: December 3, 2004. Chapter 35). To request a copy of these mortality predominantly in the Alvin Hall, requests, call the CDC Reports Clearance southeastern part of the United States. Director, Management Analysis and Services Officer at (404) 498–1210 or send an e- While screening rates of Black women Office, Centers for Disease Control and mail to [email protected]. Send written are shown to be similar to White Prevention. comments to CDC Desk Officer, Human women, subgroups of Black women may [FR Doc. 04–27190 Filed 12–10–04; 8:45 am] Resources and Housing Branch, New remain unscreened or under-screened BILLING CODE 4163–18–U Executive Office Building, Room 10235, (more than three years since the last Pap Washington, DC 20503 or by fax to (202) test), specifically those who are 395–6974. Written comments should be medically uninsured or underinsured or DEPARTMENT OF HEALTH AND received within 30 days of this notice. live in rural areas of the country. HUMAN SERVICES Screening rates are particularly low for Proposed Project women without access to health care. Centers for Disease Control and Increasing Cervical Cancer Screening The purpose of this project is to Prevention in Never or Rarely Screened Black conduct formative research to better Women: Phase 1—New—National understand why some Black women [30Day–05–0395X] Center for Chronic Disease Prevention ages 50 to 64 do not participate in Proposed Data Collections Submitted and Health Promotion (NCCDPHP), cervical cancer screening. The proposed for Public Comment and Centers for Disease Control and study will use focus groups and Recommendations Prevention (CDC). personal interviews to gather Black women in the United States information that will be used to guide The Centers for Disease Control and have higher incidence of cervical cancer future intervention strategies to increase Prevention (CDC) publishes a list of than White women and higher mortality cervical cancer screening in never or information collection requests under from cervical cancer than White women. rarely screened Black women. There is review by the Office of Management and Cancer mortality data from 1974–1994 no cost to respondents except their time Budget (OMB) in compliance with the for Black women show stable, to participate. The estimated annualized Paperwork Reduction Act (44 U.S.C. geographic patterns of cervical cancer burden is 158 hours.

ANNUALIZED BURDEN TABLE

No. of Avg. burden Respondents Form No. of responses per per response respondents respondent (in hours)

Women potentially eligible ...... Initial eligibility screening for focus group ...... 270 1 7/60 Eligible women ...... Confirmation of eligibility for focus group ...... 90 1 10/60 Eligible women ...... Reminder phone call for focus group partici- 90 1 3/60 pant. Focus group participants ...... Informed consent form ...... 60 1 5/60 Focus group participants ...... Focus group participant ...... 60 1 1.5 Focus group participants ...... Health literacy assessment ...... 60 1 12/60

Dated: December 3, 2004. DEPARTMENT OF HEALTH AND summaries of proposed projects. To Alvin Hall, HUMAN SERVICES request more information on the Director, Management Analysis and Services proposed projects or to obtain a copy of Office, Centers for Disease Control and Centers for Disease Control and the data collection plans and Prevention. Prevention instruments, call 404–371–5976 or send [FR Doc. 04–27191 Filed 12–10–04; 8:45 am] comments to Seleda Perryman, CDC [60Day–05AP] Assistant Reports Clearance Officer, BILLING CODE 4163–18–P Proposed Data Collections Submitted 1600 Clifton Road, MS–D74, Atlanta, for Public Comment and GA 30333 or send an e-mail to Recommendations [email protected]. Comments are invited on: (a) Whether In compliance with the requirement the proposed collection of information of section 3506(c)(2)(A) of the is necessary for the proper performance Paperwork Reduction Act of 1995 for of the functions of the agency, including opportunity for public comment on whether the information shall have proposed data collection projects, the practical utility; (b) the accuracy of the Centers for Disease Control and agency’s estimate of the burden of the Prevention (CDC) will publish periodic proposed collection of information; (c)

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ways to enhance the quality, utility, and Despite these exciting developments, whether to keep using them in outreach clarity of the information to be Hispanic women in the United States efforts in selected communities collected; and (d) ways to minimize the remain the most vulnerable for having throughout the U.S. CDC is also burden of the collection of information an NTD-affected pregnancy. The interested in developing a deeper on respondents, including through the specific reason for this increased risk understanding of sub-groups of women use of automated collection techniques remains a mystery. What we do know is within the Spanish-speaking Hispanic or other forms of information that they have a higher risk than population and developing effective technology. Written comments should Caucasian and African American communication strategies for reaching be received within 60 days of this women in the United States. Surveys them. notice. conducted by CDC in 1999 and 2000 This project includes a systematic also showed that Hispanic women had communication research and product Proposed Project the lowest reported folic acid development process involving, and Spanish-language Folic Acid knowledge and consumption. In 1995 ultimately serving, Spanish-speaking Communication Research and Creative and 1996 during the pre-fortification Hispanic women. These activities Production—New—National Center on period, the prevalence of spina bifida include: and anencephaly among Hispanic Birth Defects and Developmental a. Developing a multivariate women was about 10 per 10,000 /births Disabilities (NCBDDD), Centers for audience-segmentation scheme using or pregnancies compared to about 8 per Disease Control and Prevention (CDC). existing data from Spanish-speaking 10,000 among Whites and almost 6 per Hispanic women; Background and Brief Description 10,000 among Blacks. Because Hispanic b. Assessing the effectiveness of women still have the highest rate among Pregnancies and births affected by current campaign materials with the the 3 racial/ethnic groups, CDC identified audience segments; spina bifida or anencephaly have continues to make reaching them its top c. Conducting qualitative research profound physical, emotional, and priority. with audience segments; financial effects on families and CDC is interested in continuing to communities. Recent data from the reach Spanish-speaking Hispanic d. Developing audience profiles for National Birth Defects Prevention women in the United States. each audience segment; Network surveillance system shows that Preliminary results from the Spanish e. Developing draft communication folic acid food fortification has resulted Folic Acid Campaign Evaluation Survey plans based on audience profiles that in an approximate overall 25% decline (SFACES) have shown that a strategy outlines potential outreach strategies; in Neural Tube Defect (NTD) affected that combines local outreach efforts and f. Presenting the possibilities to key pregnancies. Since food fortification in paid/earned media efforts is effective. internal and external stakeholders to 1998, the number of babies born in the However, CDC does not anticipate solicit input; United States with these serious birth budgetary increases that could make a g. Developing and testing concepts, defects has declined. Before food national-level Spanish language messages, and materials along with fortification, CDC estimated that there campaign possible. Also, CDC is implementation plans for their use; and, were about 4,000 NTD-affected concerned that the SFACES campaign h. Producing master quality copies of pregnancies each year. Since 1999, CDC materials, which were developed in each material in formats that CDC and has observed a decline so that the CDC 1999, may be becoming ‘‘dated.’’ While partners can use for mass production National Center of Birth Defect and CDC has no hard evidence that they are and dissemination. Developmental Disabilities now no longer effective, CDC does want to There are no costs to respondents estimate that, annually, there are about examine their effectiveness in a robust except their time to participate in the 3,000 NTD-affected pregnancies. manner before decisions are made about survey.

ANNUALIZED BURDEN TABLE

Average No. of No. of burden per re- Total burden Respondents respondents responses per sponse (in hours) respondent (in hours)

Hispanic girls, 13–18 (interviews) ...... 60 1 30/60 30 Hispanic girls, 13–18 (2 focus groups) ...... 24 1 1.5 36 Parents of Hispanic girls, 13–18 (interviews) ...... 30 1 30/60 15 Hispanic women, 19–35 (interviews) ...... 120 1 30/60 60 Hispanic women, 19–35 (4 focus groups) ...... 48 1 1.5 72 Materials distributors (3 focus groups) ...... 36 1 1.5 54

Total ...... 318 ...... 267

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Dated: December 3, 2004. for a 2-year period extending through presentations and discussions; and an Alvin Hall, November 30, 2006. open session for comments from the Director, Management Analysis and Services FOR FURTHER INFORMATION CONTACT: public. Office, Centers for Disease Control and Jeffery L. Kohler, Ph.D., Executive SUPPLEMENTARY INFORMATION: Requests Prevention. Secretary, Mine Safety and Health to make an oral presentation should be [FR Doc. 04–27192 Filed 12–10–04; 8:45 am] Research Advisory Committee, Centers submitted in writing to the contact BILLING CODE 4163–18–P for Disease Control and Prevention, of person listed below by close of business, the Department Of Health Human January 14, 2005. All requests to make Services, NIOSH, 626 Cochran Mill oral comments should contain the DEPARTMENT OF HEALTH AND Road, M/S P–05, Pittsburgh, HUMAN SERVICES name, address, telephone number, and Pennsylvania 15236. Telephone 412– organizational affiliation of the Centers for Disease Control and 386–5301, fax 412–386–5300, e-mail presenter. Written comments should not Prevention [email protected]. exceed five single-spaced typed pages in The Director, Management Analysis length and should be received by the CDC/HRSA Advisory Committee on and Services office has been delegated contact person listed below by close of HIV and STD Prevention and the authority to sign Federal Register business, January 14, 2005. Treatment: Notice of Charter Renewal notices pertaining to announcements of Agenda items are subject to change as meetings and other committee priorities dictate. This gives notice under the Federal management activities, for both CDC FOR FURTHER INFORMATION CONTACT: Advisory Committee Act (Pub. L. 92– and the Agency for Toxic Substances Robert Weinzimer, Executive Secretary, 463) of October 6, 1972, that the CDC/ and Disease Registry. HRSA Advisory Committee on HIV and NCHS, 3311 Toledo Road, Room 7108, STD Prevention and Treatment, of the Dated: December 6, 2004. Hyattsville, Maryland 20782, telephone Department of Health and Human Alvin Hall, (301) 458–4565, fax (301) 458–4021. Services, has been renewed for a 2-year Director, Management Analysis and Services The Director, Management Analysis period extending through November 25, Office, Centers for Disease Control and and Services Office, has been delegated 2006. Prevention. the authority to sign Federal Register [FR Doc. 04–27187 Filed 12–10–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ron notices pertaining to announcements of Valdiserri, M.D., Executive Secretary, BILLING CODE 4163–19–P meetings and other committee CDC/HRSA Advisory Committee on HIV management activities for both CDC and and STD Prevention and Treatment, the Agency for Toxic Substances and DEPARTMENT OF HEALTH AND Disease Registry. 1600 Clifton Road, NE., m/s E–07, HUMAN SERVICES Atlanta, Georgia 30333. Telephone 404/ Alvin Hall, 639–8002, or fax 404/639–3125. Centers for Disease Control and Director, Management Analysis and Services The Director, Management Analysis Prevention Office, Centers for Disease Control and and Services Office, has been delegated Prevention. the authority to sign Federal Register National Center for Health Statistics [FR Doc. 04–27188 Filed 12–10–04; 8:45 am] notices pertaining to announcements of (NCHS), Board of Scientific Counselors BILLING CODE 4163–18–P meetings and other committee management activities, for both CDC In accordance with section 10(a)(2) of and the Agency for Toxic Substances the Federal Advisory Committee Act DEPARTMENT OF HEALTH AND and Disease Registry. (Pub. L. 92–463), the Centers for Disease HUMAN SERVICES Control and Prevention (CDC), National Dated: December 6, 2004. Center for Health Statistics (NCHS) Administration for Children and Alvin Hall, announces the following committee Families Director, Management Analysis and Services meeting. Office, Centers for Disease Control and Name: Board of Scientific Counselors Agency Recordkeeping/Reporting Prevention. (BSC), NCHS. Requirement Under Emergency Review [FR Doc. 04–27186 Filed 12–10–04; 8:45 am] Times and Dates: 2 p.m.–5:30 p.m., by the Office of Management and BILLING CODE 4163–18–P January 27, 2005. 8:30 a.m.–2 p.m., Budget (OMB) January 28, 2005. Place: NCHS Headquarters, 3311 OMB No.: New Collection. DEPARTMENT OF HEALTH AND Toledo Road, Hyattsville, Maryland Description: Following the passage of HUMAN SERVICES 20782. the 2002 Homeland Security Act (Pub. Status: Open to the public, limited L. 107–296), the Administration for Centers for Disease Control and only by the space available. The meeting Children and Families (ACF), Office of Prevention room accommodates approximately 100 Refugee Resettlement ORR), is charged Mine Safety and Health Research people. with the care and placement of Advisory Committee (MSHRAC): Purpose: This committee is charged unaccompanied alien children in Notice of Charter Renewal with providing advice and making Federal custody, and implementing a recommendations to the Secretary; the policy for the release of these children This gives notice under the Federal Director, CDC; and Director, NCHS, when appropriate, upon the request of Advisory Committee Act (Pub. L. 92– regarding the scientific and technical suitable sponsors while awaiting 463) of October 6, 1972, that the Mine program goals and objectives, strategies, immigration proceedings. In order for Safety and Health Research Advisory and priorities of NCHS. ORR to make determinations regarding Committee, National Institute for Matters To Be Discussed: The agenda the release of these children, the Occupational Safety and Health will include welcome remarks by the potential sponsors must meet certain (NIOSH), of the Department of Health Director, NCHS; introductions of conditions pursuant to section 462 of and Human Services, has been renewed members and key NCHS staff; scientific the Homeland Security Act and the

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Flores v. Reno settlement agreement, or entities concerned with the child’s the sponsor’s ability to proved for the No. CV85–4544–RJK (C.D. Cal. 1997). welfare. In this Notice, ACF announces physical, mental and financial well- ORR considers the suitability of a that it proposes to employ the use of being of the child(ren); and (4) the sponsor based on the sponsor’s ability several information collections for Authorization for Release of and agreement to provide for the recording: (1) The Sponsor’s Agreement Information, which collects information physical, mental and financial well- to Conditions of Release, which collects to be utilized for a background check. being of an unaccompanied minor and the sponsor’s affirmation to the terms of the sponsor’s assurance to appear before the release; (2) the Verification of Respondents: Potential sponsors of immigration courts. To ensure the safety Release, which collects the children’s unaccompanied alien children and of the children, sponsors must undergo affirmation to the terms of their release; unaccompanied alien children in a background check. Suitable sponsors (3) the Family Reunification Packet, Federal custody. may be parents, close relatives, friends which collects information related to

ANNUAL BURDEN ESTIMATES

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

Sponsor’s Agreement ...... 3,000 1 .166666 500 Verification of Release ...... 3,000 1 .166666 500 Family Reunification Packet ...... 3,000 20 .05 3,000 Authorization for Release of Information ...... 3,000 12 .05 1,800

Estimated Total Annual Burden Hours ...... 5,800

In compliance with the requirements Dated: December 6, 2004. biological licenses as provided in the of section 3506(c)(2)(A) of the Robert Sargis, guidance for industry on fast track drug Paperwork Reduction Act of 1995, the Reports Clearance. development programs. Administration for Children and [FR Doc. 04–27243 Filed 12–10–04; 8:45 am] DATES: Submit written or electronic Families is soliciting public comment BILLING CODE 4184–01–M comments on the collection of on the specific aspects of the information by February 11, 2005. information collection described above. ADDRESSES: Submit electronic Copies of the proposed collection of DEPARTMENT OF HEALTH AND comments on the collection of information can be obtained and HUMAN SERVICES information to http://www.fda.gov/ comments may be forwarded by writing dockets/ecomments. Submit written Food and Drug Administration to the Administration for Children and comments on the collection of Families, Office of Administration, [Docket No. 2004N–0526] information to the Division of Dockets Office of Information Services, 370 Management (HFA–305), Food and Drug L’Enfant Promenade, SW., Washington, Agency Information Collection Administration, 5630 Fishers Lane, rm. DC 20447, Attn: ACF Reports Clearance Activities; Proposed Collection; 1061, Rockville, MD 20852. All Comment Request; Guidance for comments should be identified with the Officer. E-mail address: Industry: Fast Track Drug docket number found in brackets in the [email protected]. All requests Development Programs—Designation, heading of this document. should be identified by the title of the Development, and Application Review FOR FURTHER INFORMATION CONTACT: information collection. JonnaLynn P. Capezzuto, Office of AGENCY: Food and Drug Administration, The Department specifically requests Management Programs (HFA–250), Food HHS. comments on: (a) Whether the proposed and Drug Administration, 5600 Fishers collection of information is necessary ACTION: Notice. Lane, Rockville, MD 20857, 301–827– for the proper performance of the SUMMARY: The Food and Drug 4659. functions of the agency, including Administration (FDA) is announcing an SUPPLEMENTARY INFORMATION: Under the whether the information shall have opportunity for public comment on the PRA (44 U.S.C. 3501–3520), Federal practical utility; (b) the accuracy of the proposed collection of certain agencies must obtain approval from the agency’s estimate of the burden of the information by the agency. Under the Office of Management and Budget proposed collection of information; (c) Paperwork Reduction Act of 1995 (the (OMB) for each collection of the quality, utility, and clarity of the PRA), Federal agencies are required to information they conduct or sponsor. information to be collected; and (d) publish notice in the Federal Register ‘‘Collection of information’’ is defined ways to minimize the burden of the concerning each proposed collection of in 44 U.S.C. 3502(3) and 5 CFR collection of information on information including each proposed 1320.3(c) and includes agency requests respondents, including through the use extension of an existing collection of or requirements that members of the of automated collection techniques or information, and to allow 60 days for public submit reports, keep records, or other forms of information technology. public comment in response to the provide information to a third party. Consideration will be given to notice. This notice solicits comments on Section 3506(c)(2)(A) of the PRA (44 comments and suggestions submitted the proposed collection of information U.S.C. 3506(c)(2)(A)) requires Federal within 60 days of this publication. concerning requests for fast track agencies to provide a 60-day notice in designation by sponsors of the Federal Register concerning each investigational new drugs (INDs) and proposed collection of information applicants for new drug approvals or including each proposed extension of an

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existing collection of information, incorporated into the request by preliminary evaluation, that a fast track before submitting the collection to OMB referring to the information rather than product may be effective. Section 506(c) for approval. To comply with this resubmitting it. also requires that an applicant provide requirement, FDA is publishing notice Under section 506(a)(1) of the act, an a schedule for the submission of of the proposed collection of applicant who seeks fast track information necessary to make the information set forth in this document. designation is required to submit a application complete before FDA can With respect to the following request to the agency showing that the commence its review. The guidance collection of information, FDA invites product meets the statutory standard for does not provide for any new collection comment on these topics: (1) Whether designation, i.e., that: (1) The product is of information regarding the submission the proposed collection of information intended for a serious or life-threatening of portions of an application that is not is necessary for the proper performance condition and (2) the product has the required under section 506(c) or any of FDA’s functions, including whether potential to address an unmet medical other provision of the act. All forms the information will have practical need. Mostly, the agency expects that referred to in the guidance have a utility; (2) the accuracy of FDA’s information to support a designation current OMB approval: FDA Forms 1571 estimate of the burden of the proposed request will have been gathered under (OMB control number 0910–0014, collection of information, including the existing provisions of the act, the PHS expires September 30, 2002); 356h validity of the methodology and Act, or the implementing regulations. If (OMB control number 0910–0338, assumptions used; (3) ways to enhance such information has already been expires March 31, 2003); and 3397 the quality, utility, and clarity of the submitted to the agency, the information (OMB control number 0910–0297, information to be collected; and (4) may be summarized in the fast track expires February 29, 2004). ways to minimize the burden of the designation request. The guidance Respondents to this information collection of information on recommends that a designation request collection are sponsors and applicants respondents, including through the use include, where applicable, additional who seek fast track designation under of automated collection techniques, information not specified elsewhere by section 506 of the act. The agency when appropriate, and other forms of statute or regulation. For example, estimates the total annual number of information technology. additional information may be needed respondents submitting requests for fast Guidance for Industry: Fast Track to show that a product has the potential track designation to the Center for Drug Development Programs— to address an unmet medical need Biologics Evaluation and Research Designation, Development, and where an approved therapy exists for (CBER) and the Center for Drug Application Review (OMB Control the serious or life-threatening condition Evaluation and Research (CDER) will be Number 0910–0389)—Extension to be treated. Such information may approximately 45. To obtain this Section 112(a) of the Food and Drug include clinical data, published reports, estimate, FDA averaged the number of Administration Modernization Act of summaries of data and reports, and a list requests for fast track designation 1997 (FDAMA) (Public Law 105–115) of references. The amount of received by CBER and CDER in the 3- amended the Federal Food, Drug, and information and discussion in a year period of 1998 to 2000. For these Cosmetic Act (the act) by adding section designation request need not be 3 years, CBER and CDER together 506 (21 U.S.C. 356). The section voluminous, but it should be sufficient received a yearly average of 53 requests authorizes FDA to take appropriate to permit a reviewer to assess whether from 45 respondents. The rate of action to facilitate the development and the criteria for fast track designation submissions is not expected to change expedite the review of new drugs, have been met. significantly in the next few years. FDA including biological products, intended After the agency makes a fast track estimates that the number of hours to treat a serious or life-threatening designation, a sponsor or applicant may needed to prepare a request for fast track condition and that demonstrate the submit a pre-meeting package which designation may range between 40 and potential to address an unmet medical may include additional information 80 hours per request, depending on the need. Under section 112(b), FDA issued supporting a request to participate in complexity of each request, with an guidance to industry on fast track certain fast track programs. As with the average of 60 hours per request, as policies and procedures outlined in request for fast track designation, the indicated in table 1 of this document. section 506 of the act. The guidance agency expects that most sponsors or Not all requests for fast track discusses collections of information that applicants will have gathered such designation may meet the statutory are specified under section 506 of the information to meet existing standard. Of the average 53 requests act, other sections of the Public Health requirements under the act, the PHS made per year, the agency granted 33 Service Act (the PHS Act), or Act, or implementing regulations. These requests for fast track designation. For implementing regulations. The guidance may include descriptions of clinical each of the 33 granted requests, FDA describes three general areas involving safety and efficacy trials not conducted estimates that a pre-meeting package collections of information: (1) Fast track under an IND (i.e., foreign studies), and was submitted to the agency. FDA designation requests, (2) pre-meeting information to support a request for estimates that a pre-meeting package packages, and (3) requests to submit accelerated approval. The discussion of needs more preparation time than portions of an application. Of these, fast such information in a pre-meeting needed for a designation request track designation requests and pre- package may be summarized if it has because the issues may be more meeting packages, in support of already been previously submitted to complex and the data may need to be receiving a fast track program benefit, FDA under an OMB approved collection more developed. FDA estimates that the provide for additional collections of of information. Consequently, FDA preparation hours for a pre-meeting information not covered elsewhere in anticipates that the additional collection package may range between 80 and 120 statute or regulation. Information in of information solely attributed to the hours per package, with an average of support of fast track designation or fast guidance will be minimal. 100 hours per package, as indicated in track program benefits that has Under section 506(c) of the act, a table 1 of this document. previously been submitted to the sponsor must submit sufficient clinical FDA estimates the burden of this agency, may, in some cases, be data for the agency to determine, after collection of information as follows:

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per Respondents per Response Responses Response Total Hours

Designation Request 45 1.18 53 60 3,180

Pre-meeting Packages 33 1.00 33 100 3,300

Total 6,480 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: December 6, 2004. Comments are invited on: (a) Whether Systems Bureau, Division of Healthcare Jeffrey Shuren, the proposed collection of information Preparedness (DHP), Bioterrorism Assistant Commissioner for Policy. is necessary for the proper performance Hospital Preparedness Program; HRSA’s [FR Doc. 04–27198 Filed 12–10–04; 8:45 am] of the functions of the agency, including Office of Rural Health Policy; and BILLING CODE 4160–01–S whether the information shall have HRSA’s Maternal and Child Health practical utility; (b) the accuracy of the Bureau. In addition, HRSA will agency’s estimate of the burden of the collaborate with the Office of Public DEPARTMENT OF HEALTH AND proposed collection of information; (c) Health Emergency Preparedness; the HUMAN SERVICES ways to enhance the quality, utility, and Agency for Healthcare Research and clarity of the information to be Quality; the Centers for Disease Control Health Resources and Services collected; and (d) ways to minimize the Administration and Prevention’s Center for Injury burden of the collection of information Prevention and Control; the National on respondents, including through the Agency Information Collection Highway Traffic and Safety use of automated collection techniques Activities: Proposed Collection: Administration’s Emergency Medical or other forms of information Comment Request technology. Services (EMS) Division; and affiliated professional organizations through the In compliance with the requirement Proposed Project: State-by-State Self for opportunity for public comment on DHP Trauma Program’s National Assessment of Trauma Care Systems— Trauma-EMS Stakeholder Group. HRSA proposed data collection projects Reinstatement (OMB No. 0915–0259) (section 3506(c)(2)(A) of Title 44, United has included national performance States Code, as amended by the HRSA proposes to collect data from measures for Trauma/EMS for this Paperwork Reduction Act of 1995, the 56 States and Territories on their project in accordance with the Public Law 104–13), the Health current trauma care systems to assess requirements of the ‘‘Government Resources and Services Administration progress since the initial survey in fiscal Performance and Results Act (GPRA) of (HRSA) publishes periodic summaries year 2002. This information will be used 1993’’ (Public Law 103–62). This Act of proposed projects being developed to establish a national strategy to assist requires the establishment of for submission to OMB under the in future grant opportunities to the measurable goals for Federal programs Paperwork Reduction Act of 1995. To States to improve or enhance their basic that can be reported as part of the request more information on the systems infrastructure in trauma care budgetary process, thus linking funding proposed project or to obtain a copy of delivery, as well as their collection and decisions with performance. the data collection plans and draft usage of quality trauma data. The estimated response burden is as instruments, call the HRSA Reports HRSA will be collaborating with follows: Clearance Officer on (301) 443–1129. partners from within HRSA’s Healthcare

Responses Type of form Number of per respond- Burden hours Total burden respondents ent per response hours

Self Assessment questionnaire ...... 56 1 10 560

Total ...... 56 ...... 560

Send comments to Susan G. Queen, DEPARTMENT OF HEALTH AND I. Funding Opportunity Description Ph.D., HRSA Reports Clearance Officer, HUMAN SERVICES Room 14–33, Parklawn Building, 5600 The Indian Health Service (IHS) Fishers Lane, Rockville, MD 20857. Indian Health Service estimated budget request for Fiscal Year Written comments should be received (FY) 2005 includes $12,974,300 for the within 60 days of this notice. Loan Repayment Program for Indian Health Service (IHS) Loan Repayment of Health Professions Repayment Program (LRP) for health Dated: November 29, 2004. Educational Loans Announcement professional educational loans Tina M. Cheatham, Type: Initial CFDA Number: 93.164 (undergraduate and graduate) in return Director, Division of Policy Review and for full-time clinical service in Indian Coordination. Dates: Please see Section IV, 3. health programs. [FR Doc. 04–27199 Filed 12–10–04; 8:45 am] This program announcement is BILLING CODE 4165–15–P subject to the appropriation of funds.

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This notice is being published early to (C) Meet the professional standards 108 of the IHCIA, as amended by Public coincide with the recruitment activity of for civil service employment in the IHS; Laws 100–713 and 102–573, authorizes the IHS, which competes with other or the IHS to determine specific health Government and private health (D) Be employed in an Indian health professions for which Indian Health management organizations to employ program without service obligation; and Loan Repayment contracts will be qualified health professionals. (E) Submit to the Secretary an awarded. The list of priority health This program is authorized by Section application for a contract to the Loan professions that follow are based upon 108 of the Indian Health Care Repayment Program. The Secretary the need of the IHS as well as upon the Improvement Act (IHCIA) as amended, must approve the contract before the needs of the American Indians and 25 U.S.C. 1601 et seq. The IHS invites disbursement of loan repayments can be Alaska Natives. potential applicants to request an made to the participant. Participants (a)Medicine: Allopathic and application for participation in the LRP. will be required to fulfill their contract Osteopathic Funds appropriated for the LRP in FY service agreements through full-time (b) Nurse: Associate and B.S. Degree 2005 will be distributed among the clinical practice at an Indian health (c) Clinical Psychology: Ph.D only health professions as follows: program site determined by the (d) Social Work: Masters level only allopathic/osteopathic practitioners will Secretary. Loan repayment sites are (e) Chemical Dependency Counseling: receive 27 percent, registered nurses 20 characterized by physical, cultural, and Baccalaureate and Masters level (f) Dentistry percent, mental health professional 10 professional isolation, and have (g) Dental Hygiene percent, dentists 12 percent, histories of frequent staff turnover. All Indian health program sites are annually (h) Pharmacy: B.S., Pharm.D. pharmacists 10 percent, optometrists 5 (i) Optometry percent, physician assistants/advanced prioritized within the Agency by discipline, based on need or vacancy. (j) Physician Assistant practice nurses 6 percent, podiatrists 4 (k) Advanced Practice Nurses: Nurse percent, physical therapists 2 percent, Section 108 of the IHCIA, as amended by Public Laws 100–713 and 102–573, Practitioner, Certified Nurse Midwife, other professions 4 percent. This Registered Nurse Anesthetist (Priority requirement does not apply of the authorizes the IHS LRP and provides in pertinent part as follows: consideration will be given to number of applicants from these groups Registered Nurse Anesthetists.) respectively, is not sufficient to meet the (a)(1) The Secretary, acting through the (l) Podiatry: D.P.M. requirement. Service, shall establish a program to be known as the Indian Health Service Loan (m) Physical Therapy: M.S. and D.P.T. II. Award Information Repayment Program (hereinafter referred to (n) Diagnostic Radiology Technology: as the ‘‘Loan Repayment Program’’) in order Certificate, Associate, and B.S. It is anticipated that $12,974,300 will to assure an adequate supply of trained (o) Medical Technology: B.S. be available to support approximately health professionals necessary to maintain (p) Public Health Nutritionist/ 258 competing awards averaging accreditation of, and provide health care Registered Dietitian $46,300 per award for a two year services to Indians through, Indian health (q) Engineering (Civil and contract. One year contract programs. Environmental): B.S. (Engineers must continuations will receive priority Section 4(n) of the IHCIA, as amended provide environmental engineering consideration in any award cycle. by the Indian Health Care Improvement services to be eligible) Applicants selected for participation in Technical Corrections Act of 1996, Pub. (r) Environmental Health (Sanitarian): the FY 2005 program cycle will be L. 104–313, provides that: B.S. expected to begin their service period ‘‘Health Profession’’ means allopathic (s) Health Records: R.H.I.T. and no later than September 30, 2005. medicine, family medicine, internal R.H.I.A. (t) Respiratory Therapy III. Eligibility Information medicine, pediatrics, geriatric medicine, obstetrics and gynecology, podiatric (u) Ultrasonography 1. Eligible Applicants medicine, nursing, public health nursing, dentistry, psychiatry, osteopathy, optometry, 2. Cost Sharing or Matching Pursuant to section 108(b), to be pharmacy, psychology, public health, social Not applicable. eligible to participate in the LRP, an work, marriage and family therapy, individual must: chiropractic medicine, environmental health 3. Other Requirements (1)(A) Be enrolled— and engineering, and allied health Interested individuals are reminded profession, or any other health profession. (i) In a course of study or program in that the list of eligible health and allied an accredited institution, as determined For the purposes of this program, the health professions is effective for by the Secretary, within any State and term ‘‘Indian health program’’ is defined applicants for FY 2005. These priorities be scheduled to complete such course of in Section 108(a)(2)(A), as follows: will remain in effect until superseded. study in the same year such individual (A) The term ‘‘Indian health program’’ IV. Application and Submission applies to participate in such program; means any health program or facility Information or funded, in whole or in part, by the (ii) In an approved graduate training Service for the benefit of Indians and 1. Address To Request Application program in a health profession; or administered— Package (i) Directly by the Service; (B) Have a degree in a health (ii) By any Indian tribe or tribal or Application materials may be profession and a license to practice in Indian organization pursuant to the obtained by calling or writing to the a state; and contract under— address below. In addition, completed (2)(A) Be eligible for, or hold an (I) The Indian Self-Determination Act, applications should be returned to: IHS appointment as a Commissioned Officer or Loan Repayment Program, 801 in the Regular or Reserve Corps of the (II) Section 23 of the Act of April 30, Thompson Avenue, Suite 120, Public Health Service (PHS); or 1908, (25 U.S.C. 47), popularly know as Rockville, Maryland 20852, PH: 301/ (B) Be eligible for selection for the Buy Indian Act; or 443–3396 [between 8 a.m. and 5 p.m. civilian service in the Regular or (iii) By an urban Indian organization (EST) Monday through Friday, except Reserve Corps of the (PHS); or pursuant to title V of this act. Section Federal holidays].

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2. Content and Form of Application developing discipline-specific 2. Administrative and National Policy Submission prioritized lists of sites. Ranking criteria Requirements Applications must be submitted on for these sites include the following: Applicants may sign contractual the form entitled Application for the (a) Historically critical shortages agreements with the Secretary for 2 Indian Health Service Loan Repayment caused by frequent staff turnover; years. The IHS will repay all, or a Program,’’ identified with the Office of (b) Current unmatched vacancies in a portion of the applicant’s health Management and Budget approval Health Profession Discipline; profession educational loans number of OMB 0917–0014 (expires 12/ (c) Projected vacancies in a Health (undergraduate and graduate) for tuition 31/05). Profession Discipline; expenses and reasonable educational (d) Ensuring that the staffing needs of and living expenses in amounts up to 3. Submission Dates and Times Indian health programs administered by $20,000 per year for each year of Completed applications may be an Indian Tribe or Tribal or health contracted service. Payments will be submitted to the IHS Loan Repayment organization receive consideration on an made annually to the participant for the Program, 801 Thompson Avenue, Suite equal basis with programs that are purpose of repaying his/her outstanding 120, Rockville, Maryland 20852. administered directly by the Service; health profession educational loans. Applications for the FY 2005 LRP will (e) Giving priority to vacancies in Payment of health profession education be accepted and evaluated monthly Indian health programs that have a need loans will be made to the participant beginning February 18, 2005 and will for health professionals to provide within 120 days, from the date the continue to be accepted each month health care services as a result of contract becomes effective. thereafter until all funds are exhausted individuals having breached LRP In addition to the loan repayments, for FY 2005. Subsequent monthly contracts entered into under this participants are provided tax assistance deadline dates are scheduled for Friday section. payments in an amount not less than 20 of the second full week of each month. Consistent with this priority ranking, percent and not more than 39 percent of Applications shall be considered as in determining applications to be the participant’s total amount of loan meeting the deadline if they are either: approved and contracts to accept, the repayments made for the taxable year 1. Received on or before the deadline IHS will give priority to applications involved. The loan repayments and the date; or made by American Indians and Alaska tax assistance payments are taxable 2. Sent on or before the deadline date. Natives and to individuals recruited income and will be reported to the (Applicants should request a legibly through the efforts of Indian Tribes or Internal Revenue Service (IRS). The tax dated U.S. Postal Service postmark or Tribal or Indian organizations. assistance payment will be paid to the obtain a legibly dated receipt from a IRS directly on the participant’s behalf. commercial carrier or U.S. Postal 2. Review and Selection Process LRP award recipients should be aware Service. Private metered postmarks are Loan Repayment Awards will be that the IRS may place them in a higher not acceptable as proof of timely made only to those individuals serving tax bracket than they would otherwise mailing.) at facilities which have a site score of 70 have been prior to their award. Applicants received after the monthly or above during the first and second 3. Reporting closing date will be held for quarters and the first month of the third consideration in the next monthly quarter of FY 2005, if funding is Any individual who enters this funding cycle. Applicants who do not available. program and satisfactorily completes his receive funding by September 30, 2005, One or all of the following factors may or her obligated period of service may will be notified in writing. be applicable to an applicant, and the apply to extend his/her contract on a 4. Intergovernmental Review applicant who has the most of these year-by-year basis, as determined by the factors, all other criteria being equal, IHS. Participants extending their This program is not subject to review would be selected. contracts will receive up to the under Executive Order 12372. (a) An applicant’s length of current maximum amount of $20,000 per year 5. Funding Restrictions employment in the IHS, Tribal, or urban plus an additional 20 percent for Federal Withholding. Participants who Not applicable. program. (b) Availability for service earlier than were awarded loan repayment contracts 6. Other Submission Requirements other applicants (first come, first prior to FY 2000 will be awarded extensions up to the amount of $30,000 All applicants must sign and submit served). a year and 31 percent in tax subsidy if to the Secretary, a written contract (c) Date the individual’s application funds are available, and will not exceed agreeing to accept repayment of was received. the total of the individual’s outstanding educational loans and to serve for the 3. Anticipated Announcement and eligible health profession educational applicable period of obligated service in Award Dates loans. a priority site as determined by the Any individual who owes an Secretary, and submit a signed affidavit Not applicable. obligation for health professional attesting to the fact that they have been VI. Award Administration Information service to the Federal Government, a informed of the relative merits of the State,or other entity is not eligible for U.S. PHS Commissioned Corps and the 1. Award Notices the LRP unless the obligation will be Civil Service as employment options. Notice of awards will be mailed on completely satisfied before they begin V. Application Review Information the last working day of each month. service under this program. Once the applicant is approved for 1. Criteria participation in the LRP, the applicant VII. Agency Contacts The IHS has identified the positions will receive confirmation of his/her loan Please address inquiries to Ms. in each Indian health program for which repayment award and the duty site at Jacqueline K. Santiago, Chief, IHS Loan there is a need or vacancy and ranked which he/she will serve his/her loan Repayment Program, 801 Thompson those positions in order of priority by repayment obligation. Avenue, Suite 120, Rockville, Maryland

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20852, PH: 301/443–3396 [between 8 DEPARTMENT OF HOMELAND Consequently, the Department a.m. and 5 p.m. (EST) Monday through SECURITY specifically solicited comments on the Friday, except Federal holidays]. Application Kit and process in the Science and Technology Directorate; Interim Rule. Based on both the VIII. Other Information Submission for Review; Revision of comments received concerning the Currently Approved Information The IHS Area Offices and Service initial Application Kit as well as the Collection Requests for Support Anti- experience of the Office of SAFETY Act Units are authorized to provide terrorism by Fostering Effective Implementation (OSAI) with the additional funding to make awards to Technologies Act of 2002 (SAFETY applications filed to date, OSAI has applicants in the LRP, but must be in ACT)—Application Kit and Forms 002 published numerous Frequently Asked compliance with any limits in the Through 005 Questions on its Web site as well as appropriation and Section 108 of the undertaken a substantial revision of the Indian Health Care Improvement Act AGENCY: Department of Homeland Security, Science and Technology Application Kit. not to exceed the amount authorized in The Department is very sensitive to Directorate. the IHS appropriation (up to the perceived difficulty, and required $27,000,000 for FY 2005.) ACTION: Notice; 60-day notice request for monetary and personnel resources review and comments. Should an IHS Area Office contribute required to complete an Application for to the LRP, those funds will be used for SUMMARY: The Department of Homeland SAFETY Act Benefits. In order to obtain only those sites located in that Area. Security (DHS) invites the general specific data on this issue, in July 2004 Those sites will retain their relative public and other Federal agencies to the Director of the Office of SAFETY Act Implementation personally spoke ranking from the national site-ranking comment on revised information with each company that submitted a full list. For example, the Albuquerque Area collection requests (ICRs) 1640–0001, 1640–0002, 1640–0003, 1640–0004, application to obtain feedback regarding Office identifies supplemental monies the time and effort that companies for dentists. Only the dental positions 1640–0005, and 1640–0006, SAFETY ACT Application Kit and Forms 003 invested in completing the application. within the Albuquerque Area will be The responses indicated that the funded with the supplemental monies through 007. As required by the Paperwork Reduction Act of 1995, (Pub. amount of time was proportional to the consistent with the national ranking and L. 104–13, 44 U.S.C. chapter 35) DHS is size of the company, with small to site index within that Area. soliciting comments on the revisions for medium sized organizations spending Should an IHS Service Unit the approved information collection considerably less time compiling the contribute to the LRP, those funds will requests. The ICRs previously were information required to complete the be used for only those sites located in published in the Federal Register on application then did large corporations that Service Unit. Those sites will retain October 16, 2003, at 68 FR 59696, with more cumbersome internal their relative ranking from the national allowing for OMB review and a 60-day bureaucratic processes. Overall, it site-ranking list. For example, Chinle public comment period, and on appears it takes most organizations approximately 150 hours to complete Service Unit identifies supplemental February 20, 2004 at 69 FR 7978 to the full application utilizing the prior monies for pharmacists. The Chinle allow for an additional 30-day public comment period. The revised ICR version of the application kit. The Service Unit consists of two facilities, shortest time reported was 25 hours and submissions set forth in this Notice namely the Chinle Comprehensive the most was 1000. Discussions with the incorporate comments received by DHS Health Care Facility and the Tsaile PHS single applicant that spent the 1000 as applicable. Indian Health Center. The national hours revealed that the time resulted ranking will be used for the Chinle Discussion of Comments and Changes from its team approach and consequent Comprehensive Health Care Facility internal staffing decisions coupled with Application Preparation Burden (Score = 44) and the Tsaile PHS Indian the numerous internal approval Health center (Score = 46). With a score Six commenters expressed concern processes necessary prior to submission of 46, the Tsaile PHS Indian Health that the amount and type of information of the application, not from the Center would receive priority over the required in the Application Kit is complexity of the application itself. Chinle Comprehensive Health care burdensome, if not prohibitive, and that Confirmation of this assessment came Facility. only large companies will be able to from discussions with two applicants of bring to bear the preparation resources similar size; one reported its application Dated: December 6, 2004. required to answer all of the questions. took no more than 100 hours across the Charles W. Grim, One commenter estimated costs in entire company and the other reported Assistant Surgeon General Director, Indian excess of $1M to prepare applications 200 hours. Based on this information, Health Service. for its various Anti-Terrorism the Department is confident that it is the [FR Doc. 04–27200 Filed 12–10–04; 8:45 am] Technologies (ATTs). Other commenters business practices of the particular BILLING CODE 4160–16–M estimated the preparation effort at 1000 applicant that resulted in the staff hours or more per application. extraordinary investment of time in Commenters also expressed the opinion completing the application, and not the that some of the information being application itself or the Department’s requested—particularly financial implementation of the SAFETY Act. information—is not relevant to the The Department agrees that some of evaluation of applications against the the financial information requested in criteria of the Act. the existing Application kit is not The Department has been, and essential to the evaluation of every continues to remain, sensitive to application. The Department has concerns about the application process, decided to limit the amount of financial and the perceived difficulty of preparing information requested as part of the and submitting an application. initial submission and to supplement

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the information as needed throughout objection. In particular, the revised Estimated Number of Respondents: the evaluation process. The revised Application Kit makes clear that design 750 respondents. Application Kit reflects these changes. services, integration services, consulting Estimated Time per Response: 40–160 services, engineering services, software hours per response (average = 100 hours Certifying ‘‘Accuracy and development, software integration, per response). Completeness’’ studies and analyses, threat Total Burden Hours: 75,000. Two commenters expressed the assessments, and so forth are all Total Burden Cost: (capital/startup): opinion that it is unreasonable to Technologies under the SAFETY Act. None. require applicants to certify the DATES: Written comments should be Total Burden Cost: (operating/ application as ‘‘accurate and complete’’ received on or before February 11, 2005 maintaining): None. under penalty of perjury when some of to be assured consideration. OMB Number: 1640–0002. the questions require the applicant ADDRESSES: Science and Technology Title: Support Anti-terrorism by provide answers on a ‘‘best guess’’ basis. Directorate, Attn: SAFETY Act, 245 Fostering Effective Technologies Act of In particular, the answers to the Murray Drive, Bldg. 410 (RDS), 2002—Registration of a Seller of Anti- questions related to threat estimates, Washington, DC 20528 and Office of Terrorism Technology (DHS–S&T–I– potential casualties, and potential SAFETY–003). casualty reductions were cited as Management and Budget (OMB), Office of Information and Regulatory Affairs, Frequency: On occasion. questions whose answers may be Affected Public: Business or other for essentially unknowable. Attn: OMB Desk Officer for Homeland Security, Room 10235, Washington, DC profit, not-for-profit institutions. The Department agrees that it would Estimated Number of Respondents: 20503. be unreasonable to expect applicants to 1,800. certify the accuracy of their speculative FOR FURTHER INFORMATION CONTACT: Erin Estimated Time per Response: 10–30 or predictive estimates of future events O’Connell, (703) 575–4510 (this is not a minutes (average = 20 minutes). and risks, and does not believe that the toll free number). Total Burden Hours: 600. application requires such a certification. SUPPLEMENTARY INFORMATION: Direct all Total Burden Cost: (capital/startup): The language of the certification is written comments to both the None. qualified by the phrase ‘‘to the best of Department of Homeland Security and Total Burden Cost: (operating/ my knowledge and belief.’’ Since the the Office of Information and Regulatory maintaining): None. Applicant either knows, or is able to Affairs at the addresses listed in this OMB Number: 1640–0003. obtain, accurate factual information notice. A copy of the information Title: Support Anti-terrorism by about the Applicant’s ATT and business collection requests with applicable Fostering Effective Technologies Act of enterprise, the Department believes the supporting documentation may be 2002—Request for Pre-Application certification is appropriate to factual obtained by calling the contact listed Consultation (DHS–S&T–I SAFETY information. Conversely, since estimates above. 004). are by definition not factual The Office of Management and Budget Frequency: On occasion. information, the Department believes is particularly interested in comments Affected Public: Business or other for the certification only requires that which: profit, not-for-profit institutions. estimates be provided in good faith with (1) Evaluate whether the proposed Estimated Number of Respondents: a reasonable belief they are as accurate collection of information is necessary 1,500. as possible at the time of submission. for the proper performance of the Estimated Time per Response: 4–24 The Department believes this burden is functions of the agency, including hours (average = 18 hours). easily met if the Applicant provides whether the information will have Total Burden Hours: 27,000. sufficient additional information to practical utility; Total Burden Cost: (capital/startup): allow the Department to understand the (2) Evaluate the accuracy of the None. basis for the estimate, including both a agency’s estimate of the burden of the Total Burden Cost: (operating/ description of the assumptions utilized proposed collection of information, maintaining): None. and the analytical process applied. including the validity of the OMB Number: 1640–0004. Nevertheless, the language of the methodology and assumptions used; Title: Support Anti-terrorism by Certification has been changed in the (3) Enhance the quality, utility, and Fostering Effective Technologies Act of new application to clarify the clarity of the information to be 2002—Application for Modification to distinction and make clear that only collected; and SAFETY Act Benefits (DHS–S&T–I factual information is being certified as (4) Minimize the burden of the SAFETY 005). true and correct. collection of information on those who Frequency: On occasion. are to respond, including through the Affected Public: Business or other for Bias Toward Product-based ATTs use of appropriate automated, profit, not-for-profit institutions. Despite the assurances of the Interim electronic, mechanical, or other Estimated Number of Respondents: Rule, particularly in the responses to technological collection techniques or 150. comments on the Notice of Proposed other forms of information technology, Estimated Time per Response: 2–12 Rulemaking, four commenters thought e.g., permitting electronic submissions hours (average = 8). that the language of the Rule and of the of responses. Total Burden Hours: 1,200. Application Kit implicitly assumed Analysis: Total Burden Cost: (capital/startup): product-like ATTs. The commenters OMB Number: 1640–0001. None. seemed particularly concerned about Title: Support Anti-terrorism by Total Burden Cost: (operating/ the wording of the Application Kit. Fostering Effective Technologies Act of maintaining): None. While the Department is aware that 2002 ‘‘Application for SAFETY Act OMB Number: 1640–0005. some of the language in the prior Benefits. Title: Support Anti-terrorism by version appears biased towards Frequency: On occasion. Fostering Effective Technologies Act of products, the Department believes this Affected Public: Business or other for 2002—Request for Transfer of SAFETY version adequately addresses this profit and not-for-profit institutions. Act Benefits (DHS–S&T–I SAFETY 006).

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Frequency: On occasion. Persons with hearing or speech endorsement. Approved loans are (1) Affected Public: Business or other for impairments may access that number those already underwritten and profit, not-for-profit institutions. through TTY by calling the Federal approved by a Direct Endorsement (DE) Estimated Number of Respondents: Information Relay Service at (800) 877– underwriter employed by an 50. 8339. unconditionally approved DE lender Estimated Time per Response: 1–8 SUPPLEMENTARY INFORMATION: HUD has and (2) cases covered by a firm hours (average = 6). the authority to address deficiencies in commitment issued by HUD. Cases at Total Burden Hours: 300. the performance of lenders’ loans as earlier stages of processing cannot be Total Burden Cost: (capital/startup): provided in HUD’s mortgagee approval submitted for insurance by the None. regulations at 24 CFR 202.3. On May 17, terminated branch; however, they may Total Burden Cost: (operating/ 1999 (64 FR 26769), HUD published a be transferred for completion of maintaining): None. notice on its procedures for terminating processing and underwriting to another Description: The SAFETY ACT Origination Approval Agreements with mortgagee or branch authorized to provides incentives for the development FHA lenders and placement of FHA originate FHA insured mortgages in that and deployment of Anti-Terrorism lenders on Credit Watch status (an area. Mortgagees are obligated to Technologies (ATTs) by creating a evaluation period). In the May 17, 1999 continue to pay existing insurance system of ‘‘risk management’’ and a notice, HUD advised that it would premiums and meet all other obligations system of ‘‘litigation management.’’ The publish in the Federal Register a list of associated with insured mortgages. purpose of the SAFETY ACT is to mortgagees, which have had their A terminated mortgagee may apply for ensure that the threat of liability does Origination Approval Agreements a new Origination Approval Agreement not deter potential manufacturers or terminated. if the mortgagee continues to be an sellers of ATTs from developing and Termination of Origination Approval approved mortgagee meeting the commercializing technologies that could Agreement: Approval of a mortgagee by requirements of 24 CFR 202.5, 202.6, significantly reduce the risks or mitigate HUD/FHA to participate in FHA 202.7, 202.8 or 202.10 and 202.12, if the effects of terrorist events. Without mortgage insurance programs includes there has been no Origination Approval these protections, important an Origination Approval Agreement Agreement for at least six months, and technologies are not being deployed to (Agreement) between HUD and the if the Secretary determines that the prevent harm resulting from a terrorist mortgagee. Under the Agreement, the underlying causes for termination have attack. mortgagee is authorized to originate been remedied. To enable the Secretary Dated: December 7, 2004. single family mortgage loans and submit to ascertain whether the underlying causes for termination have been Mark Emery, them to FHA for insurance endorsement. The Agreement may be remedied, a mortgagee applying for a Deputy, Chief Information Officer. terminated on the basis of poor new Origination Approval Agreement [FR Doc. 04–27272 Filed 12–10–04; 8:45 am] performance of FHA-insured mortgage must obtain an independent review of BILLING CODE 4410–10–P loans originated by the mortgagee. The the terminated office’s operations as termination of a mortgagee’s Agreement well as its mortgage production, is separate and apart from any action specifically including the FHA-insured DEPARTMENT OF HOUSING AND taken by HUD’s Mortgagee Review mortgages cited in its termination URBAN DEVELOPMENT Board under HUD’s regulations at 24 notice. This independent analysis shall identify the underlying cause for the [Docket No. FR–4513–N–18] CFR part 25. Cause: HUD’s regulations permit HUD mortgagee’s high default and claim rate. Credit Watch Termination Initiative to terminate the Agreement with any The review must be conducted and mortgagee having a default and claim issued by an independent Certified AGENCY: Office of the Assistant rate for loans endorsed within the Public Accountant (CPA) qualified to Secretary for Housing—Federal Housing preceding 24 months that exceeds 200 perform audits under Government Commissioner, HUD. percent of the default and claim rate Auditing Standards as provided by the ACTION: Notice. within the geographic area served by a General Accounting Office. The HUD field office, and also exceeds the mortgagee must also submit a written SUMMARY: This notice advises of the national default and claim rate. For the corrective action plan to address each of cause and effect of termination of 20th review period, HUD is terminating the issues identified in the CPA’s report, Origination Approval Agreements taken the Agreement of mortgagees whose along with evidence that the plan has by HUD’s Federal Housing default and claim rate exceeds both the been implemented. The application for Administration (FHA) against HUD- national rate and 200 percent of the a new Agreement should be in the form approved mortgagees through the FHA field office rate. of a letter, accompanied by the CPA’s Credit Watch Termination Initiative. Effect: Termination of the Agreement report and corrective action plan. The This notice includes a list of mortgagees precludes that branch(s) of the request should be sent to the Director, which have had their Origination mortgagee from originating FHA-insured Office of Lender Activities and Program Approval Agreements terminated. single family mortgages within the area Compliance, 451 Seventh Street, SW., FOR FURTHER INFORMATION CONTACT: The of the HUD field office(s) listed in this Room B133–P3214, Washington, DC Quality Assurance Division, Office of notice. Mortgagees authorized to 20410–8000 or by courier to 490 Housing, Department of Housing and purchase, hold, or service FHA insured L’Enfant Plaza, East, SW., Suite 3214, Urban Development, 451 Seventh Street, mortgages may continue to do so. Washington, DC 20024. SW., Room B133–P3214, Washington, Loans that closed or were approved Action: The following mortgagees DC 20410–8000; telephone (202) 708– before the termination became effective have had their Agreements terminated 2830 (this is not a toll free number). may be submitted for insurance by HUD:

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Termination Home Mortgagee name Mortgagee branch address HUD office effective ownership jurisdictions date centers

America’s Mortgage Resource, Inc ...... 3317 N I–10 Service Road, Metairie, LA New Orleans, LA .. 9/10/2004 Denver. 70003. American Union Mortgage, Inc ...... 5250 S. Commerce Dr., Ste 101, Murray, Salt Lake City, UT 9/10/2004 Denver. UT 84107. ARK LA TEX Financial Services LLC ...... 4137 S Sherwood Forest Blvd., Baton New Orleans, LA .. 10/4/2004 Denver. Rouge, LA 70816. Fieldstone Mortgage Company ...... 6243 I H 10 W, Ste 205, San Antonio, TX San Antonio, TX ... 9/10/2004 Denver. 78201. Gateway Funding Diversified Mtg Srvs LP .. 300 Welsh Rd, Bldg 5, Horsham, PA 19044 Philadelphia, PA ... 9/10/2004 Philadelphia. Hamilton Mortgage Corporation ...... 1 Independence Dr., Ste 416, Birmingham, Birmingham, AL .... 10/5/2004 Atlanta. AL 35209. Major Mortgage ...... 13300 Old Blanco Rd. Ste 304, San Anto- San Antonio, TX ... 10/5/2004 Denver. nio, TX 78216. Major Mortgage...... 2660 South Rainbow Blvd. D104, Las Las Vegas, NV ...... 10/5/2004 Santa Ana. Vegas, NV 89146. Mortgage Plus of America Corp ...... 940 N 10th Street, Ste 200 Kalamazoo, MI Grand Rapids, MI 9/10/2004 Philadelphia. 49009. Old American Mortgage, Inc ...... 4516 South, 700 East #100, Murray, UT Salt Lake City, UT 10/5/2004 Denver. 84107. Pan American Financial Corp ...... Roosevelt Ave, 1505 2nd Floor, Guaynabo, San Juan, PR ...... 10/5/2004 Atlanta. PR 00968. Summit Financial Mortgage LLC ...... 7586 W Jewell Ave, Ste 101, Lakewood, Denver, CO ...... 9/10/2004 Denver. CO 80232. Villa Mortgage, Inc ...... 2796 Mack Road, Fairfield, OH 45014 ...... Cincinnati, OH ...... 10/6/2004 Philadelphia.

Dated: December 6, 2004. Massachusetts NWR Complex (Great (1) To advise other agencies and the Sean Cassidy, Meadows, Oxbow, and Assabet River public of our intentions, and General Deputy Assistant Secretary for NWRs) are in final development, and (2) To obtain suggestions and Housing. the remaining three refuges of the information on the scope of issues to [FR Doc. 04–27207 Filed 12–10–04; 8:45 am] Eastern Massachusetts NWR Complex include in the environmental BILLING CODE 4210–27–P (Mashpee, Massasoit, and Nantucket documents. NWRs) will be evaluated under separate DATES: Inquire at the following address process(es). for dates of planning activity. Comments DEPARTMENT OF THE INTERIOR This notice amends previous notices, concerning the scope of issues to be published on February 24, 1999, that addressed must be submitted by January Fish and Wildlife Service stated an EIS would be developed for all 27, 2005. eight units of the complex (previously Send Comments To: Bill Perry, Refuge Comprehensive Conservation Plans called Great Meadows National Wildlife Planner, 73 Weir Hill Road, Sudbury, and an Environmental Impact Refuge Complex), and on February 15, Massachusetts 01776, or e-mail Statement for Monomoy and Nomans 2001, that stated an EIS would be comments to Land Island National Wildlife Refuges developed for three units (Monomoy, [email protected] with a subject line stating ‘‘Monomoy and AGENCY: Fish and Wildlife Service, Nantucket, and Nomans Land Island Department of the Interior. NWRs). Comments already received for Nomans Land Island NWRs.’’ these refuges under the previous notices FOR FURTHER INFORMATION CONTACT: Bill ACTION: Notice of intent. will be considered. The Service invites Perry, Refuge Planner, 73 Weir Hill SUMMARY: This notice advises the public agencies, groups, and the public to Road, Sudbury, Massachusetts 01776, that the U.S. Fish and Wildlife Service submit any additional comments 978–449–4661 extension 32, or e-mail (Service) intends to gather information concerning the scope of issues to be [email protected]. Information will be necessary to prepare Comprehensive addressed, as well as possible periodically updated on the refuge Web Conservation Plans (CCP) for Monomoy management alternatives and site at http://monomoy.fws.gov. and Nomans Land Island National environmental impacts to consider in SUPPLEMENTARY INFORMATION: In Wildlife Refuges (NWR) and an the EIS. We will hold public meetings accordance with the National Wildlife associated Environmental Impact regarding the CCP process in the near Refuge Improvement Act of 1997, all Statement (EIS). The CCPs/EIS will future. Notices of such meetings will be lands within the National Wildlife present management alternatives and advertised in the local newspaper, Refuge System are to be managed in analyze the effects of implementing the announced on the refuge Web site, and accordance with an approved CCP. The management actions. The refuges are a sent to the refuge CCP mailing list. If CCP guides management decisions and part of the Eastern Massachusetts NWR you would like to be included on the identifies refuge goals, long-range Complex and are located in Barnstable mailing list, please contact Bill Perry at objectives, and strategies for achieving and Dukes Counties, Massachusetts, the address listed below. refuge purposes. The planning process respectively. The EIS will be prepared The Service is furnishing this notice will consider many elements, including pursuant to section 102(2)C of the in compliance with the National habitat and wildlife management, National Environmental Policy Act and Wildlife Refuge System Administration habitat protection, public use, and its implementing regulations. The CCPs Act of 1966, as amended (16 U.S.C. cultural resources. Public input into this of three refuges within the Eastern 668dd et seq.): planning process is essential. The CCP

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will provide other agencies and the ACTION: Notice of document availability monarch, and a final rule reclassifying public with a clear understanding of the for review and comment. it from endangered to threatened was desired conditions for the refuges and published on April 6, 1987 (52 FR how the Service will implement SUMMARY: The U.S. Fish and Wildlife 10890). There is no recovery plan management strategies. Service (we) announces the availability specifying delisting criteria for the of the Draft Post-delisting Monitoring Tinian monarch. A study of Tinian The Service has already solicited Plan for the Tinian Monarch (Monarcha information from the public via open monarch breeding biology in 1994 and takatsukasae) (Monitoring Plan). We 1995 resulted in a population estimate houses, meetings, and written propose to monitor the status of the comments. Special mailings, newspaper of approximately 52,900 birds. In 1996, Tinian monarch over a 5-year period a replication of the 1982 surveys yielded articles, and announcements will from 2005 to 2010 through regular field continue to inform people in the general a population estimate of 55,720 birds. surveys of the distribution and The 1996 survey also found a significant area near the refuges of the time and abundance of the Tinian monarch, place of opportunities for further public increase in forest density since 1982, regular field surveys for brown indicating an improvement in Tinian input to the CCP. treesnakes (Boiga irregularis) on Tinian, monarch habitat quality. The Eastern Massachusetts NWR and tracking of land use and On February 22, 1999, we published Complex is a diverse group of coastal development on Tinian. We solicit a proposed rule to remove the Tinian and inland refuges. Habitats include review and comment on this Monitoring monarch from the Federal List of forest, field, riparian, barrier island Plan from local, State and Federal Endangered and Threatened Wildlife beach, freshwater marsh, and pond. agencies, and the public. (64 FR 8533). That proposal was based Monomoy NWR contains 7,604 acres in DATES: We will accept and consider all primarily on information from a combination of land and open water. public comments received on or before population surveys and demographic With the exception of approximately January 12, 2005. research, which indicated the Tinian 300 acres, all of the land area is a ADDRESSES: Copies of the Monitoring monarch has increased in number or is designated Federal Wilderness Area. Plan are available by request from Dr. stable, and that the primary listing Nomans Land Island NWR contains 628 Eric VanderWerf, Hawaiian Bird factor, loss of habitat, has been acres. Recovery Coordinator, U.S. Fish and ameliorated. On September 21, 2004, we Review of this project will be in Wildlife Service, Pacific Islands Fish published a final rule removing the accordance with the requirements of the and Wildlife Office, 300 Ala Moana Tinian monarch from the Federal List of National Environmental Policy Act of Blvd., Box 50088, Honolulu, Hawaii Endangered and Threatened Wildlife 1969, as amended (42 U.S.C. 4321 et 96850 (telephone: (808) 792–9400; fax: (69 FR 65367). Section 4(g)(1) of the Endangered seq.), NEPA regulations (40 CFR 1500– (808) 792–9580). This Monitoring Plan Species Act (Act) (16 U.S.C. 1531 et 1508), other appropriate laws and is also available on the World Wide Web seq.), requires that we implement a regulations, and Service policies and at http://pacificislands.fws.gov. system, in cooperation with the States, procedures for compliance with those FOR FURTHER INFORMATION CONTACT: Dr. regulations. Concurrent with the CCP to monitor for no fewer than 5 years the Eric VanderWerf, Hawaiian Bird status of all species that have recovered process we will conduct a wilderness Recovery Coordinator, at the above and been removed from the Federal List review of Nomans Land Island and the Honolulu address or at (808) 792–9400. of Endangered and Threatened Wildlife non-wilderness portion of South SUPPLEMENTARY INFORMATION: and Plants. The purpose of post- Monomoy Island and incorporate a delisting monitoring is to verify that a summary of the review into the CCP. Background species delisted due to recovery remains Wilderness review is the process we use The Tinian monarch, or Chuchurican secure from risk of extinction after it has to determine if we should recommend Tinian in the Chamorro language, is a been removed from the protections of National Wildlife Refuge System lands forest bird endemic to the island of the Act. and waters to Congress for wilderness Tinian in the Mariana Archipelago in On December 7, 2002, we mailed designation. the western Pacific Ocean. The Tinian letters to 18 scientific experts on the We estimate that the draft monarch inhabits a variety of forest Tinian monarch and the brown environmental documents will be types on Tinian, including native treesnake, asking for scientific review of available December 2005 for public limestone forest, secondary vegetation the Monitoring Plan. We received nine review and comment. consisting primarily of non-native responses to our request. We carefully Dated: October 1, 2004. plants, and nearly pure stands of considered the comments of the introduced tangantangan (Leucaena Marvin E. Moriarty, reviewers and used them to improve the leucocephala). Monitoring Plan. Regional Director, U.S. Fish and Wildlife The Tinian monarch was listed as We propose to monitor the status of Service, Hadley, Massachusetts. endangered on June 2, 1970 (35 FR the Tinian monarch over a 5-year period [FR Doc. 04–27279 Filed 12–10–04; 8:45 am] 8491), because its population was from 2005 to 2010 in cooperation with BILLING CODE 4310–55–P reported to be critically low due to the the Commonwealth of the Northern destruction of native forests by pre- Mariana Islands Division of Fish and DEPARTMENT OF THE INTERIOR World War II (WW II) agricultural Wildlife, the U.S. Geological Survey, the practices, and by military activities U.S. Department of Agriculture, and the Fish and Wildlife Service during WW II. We conducted forest bird U.S. Navy through regular field surveys surveys on Tinian in 1982, which of the distribution and abundance of the Draft Post-Delisting Monitoring Plan resulted in a population estimate of Tinian monarch, regular field surveys for the Tinian Monarch (Monarcha 39,338 Tinian monarchs. On November for brown treesnakes on Tinian, and by takatsukasae) 1, 1985, we published a proposed rule tracking changes in land use and to delist the Tinian monarch (50 FR development on Tinian. If data from this AGENCY: Fish and Wildlife Service, 45632). Based on comments received, monitoring effort, or from some other Interior. we instead downlisted the Tinian source, indicate that the Tinian

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monarch is experiencing significant tour of the BLM-administered public DEPARTMENT OF THE INTERIOR declines in abundance or distribution or lands on Friday, January 7, 2005, from that it requires protective status under 7:30 a.m. to 5 p.m., and meet in formal Bureau of Land Management the Act for some other reason, we can session on Saturday, January 8, from 8 [WY–100–05–1310–DB] initiate listing procedures including, if a.m. to 5 p.m. The Saturday meeting appropriate, emergency listing. will be held in the Pinnacles Room in Notice of Meeting of the Pinedale the Kerr McGee Community Center, Public Comments Solicited Anticline Working Group’s located at 100 W. California Avenue, Reclamation Task Group We will accept written comments and Ridgecrest, California. information during this comment The Council and interested members AGENCY: Bureau of Land Management, period. If you wish to comment, you of the public will depart for a field tour Interior. may submit your comments and at 7:30 a.m. from the parking lot of the ACTION: Notice of public meeting and materials concerning this monitoring Heritage Inn Hotel, which is located at cancellation. plan by any of these methods: 1050 North Norma in Ridgecrest, 1. You may submit written comments California. The public is welcome to SUMMARY: In accordance with the and information my mail, facsimile, or participate in the tour, but should plan Federal Land Policy and Management in person to the Hawaiian Bird Recovery on providing their own transportation, Act (1976) and the Federal Advisory Coordinator at the above Honolulu drinks, and lunch. Committee Act (1972), the U.S. address (see ADDRESSES). Agenda items tentatively scheduled Department of the Interior, Bureau of 2. You may send comments by for the Saturday Council meeting will Land Management (BLM) Pinedale electronic mail (e-mail) to: include reports by Advisory Council Anticline Working Group (PAWG) [email protected]. If you members, the District Manager and the Reclamation Task Group submit comments by e-mail, please five District field office managers. (subcommittee) will meet in Pinedale, submit them as an ASCII file and avoid Additional briefings to be scheduled. Wyoming, for a business meeting. Task the use of special characters and any The Advisory Council also confirmed Group meetings are open to the public. form of encryption. Please also include meetings on the following dates: DATES: The PAWG Reclamation Task your name and return address in your —April 1–2 Group meeting scheduled for December e-mail message. —June 24–25 8, 2004 at the Pinedale Library is Comments and materials received, as —September 23–24 cancelled. The PAWG Reclamation Task well as supporting documentation used Each meeting will include a field tour Group will conduct meetings on the in preparation of the Monitoring Plan, on Friday from 7:30 a.m. to 5 p.m. and following dates: January 4, 2005, from 9 will be available for inspection, by a public meeting on Saturday from 8 a.m. until 4 p.m.; January 19, 2005, from appointment, during normal business a.m. to 5 p.m. Once finalized, the 6 p.m. until 8 p.m. and; February 9, hours at the above Honolulu address locations and agenda topics will be 2005, from 9 a.m. until 4 p.m. (see ADDRESSES). published in the Federal Register and ADDRESSES: All meetings of the PAWG posted on BLM’s California State Web Author Reclamation Task Group will be held in page at http://www.ca.blm.gov/news. the Lovatt room of the Pinedale Library The primary author of this document Click on Advisory Councils and scroll at 155 S. Tyler Ave., Pinedale, WY. is Dr. Eric A. VanderWerf, Hawaiian down to the California Desert District FOR FURTHER INFORMATION CONTACT: Bird Recovery Coordinator (see Advisory Council. Dessa Dale, BLM/Reclamation TG All Desert District Advisory Council ADDRESSES). Liaison, Bureau of Land Management, meetings are open to the public. Time Pinedale Field Office, 432 E Mills St., Authority for public comment may be made P.O. Box 768, Pinedale, WY, 82941; The authority for this action is the available by the Council Chairman (307) 367–5321. Endangered Species Act of 1973 (16 during the presentation of various U.S.C. 1531 et seq.). agenda items, and is scheduled at the SUPPLEMENTARY INFORMATION: The end of the meeting for topics not on the Pinedale Anticline Working Group Dated: November 15, 2004. (PAWG) was authorized and established David Wesley, agenda. Written comments may be filed in with release of the Record of Decision Acting Regional Director, Region 1, Fish and advance of the meeting for the (ROD) for the Pinedale Anticline Oil Wildlife Service. California Desert District Advisory and Gas Exploration and Development [FR Doc. 04–27022 Filed 12–10–04; 8:45 am] Council, c/o Bureau of Land Project on July 27, 2000. The PAWG BILLING CODE 4310–55–P Management, Public Affairs Office, advises the BLM on the development 22835 Calle San Juan De Los Lagos, and implementation of monitoring plans and adaptive management decisions as DEPARTMENT OF THE INTERIOR Moreno Valley, California 92553. Written comments also are accepted at development of the Pinedale Anticline Natural Gas Field (PAPA) proceeds for Meeting of the California Desert the time of the meeting and, if copies the life of the field. District Advisory Council are provided to the recorder, will be incorporated into the minutes. After the ROD was issued, Interior AGENCY: Bureau of Land Management, FOR FURTHER INFORMATION CONTACT: determined that a Federal Advisory Interior. Doran Sanchez, BLM California Desert Committees Act (FACA) charter was ACTION: Notice of public meeting. District Public Affairs Specialist (951) required for this group. The charter was 697–5220. signed by Secretary of the Interior, Gale SUMMARY: Notice is hereby given, in Norton, on August 15, 2002, and accordance with Public Laws 92–463 Dated: December 6, 2004. renewed on August 13, 2004. An and 94–579, that the California Desert Alan Stein, announcement of committee initiation District Advisory Council to the Bureau Assistant District Manager. and call for nominations was published of Land Management, U.S. Department [FR Doc. 04–27194 Filed 12–10–04; 8:45 am] in the Federal Register on February 21, of the Interior, will participate in a field BILLING CODE 4310–40–P 2003, (68 FR 8522). PAWG members

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were appointed by Secretary Norton on Yellowstone Rd., Cheyenne, WY, 82009, SUMMARY: In accordance with the May 4, 2004. or PO Box 1828, Cheyenne, WY, 82003; Federal Land Policy and Management At their second business meeting, the (307) 775–6031. Act (FLPMA) and the Federal Advisory PAWG established seven resource-or SUPPLEMENTARY INFORMATION: The Committee Act of 1972 (FACA), the U.S. activity-specific Task Groups, including Pinedale Anticline Working Group Department of the Interior, Bureau of one for reclamation. Public participation (PAWG) was authorized and established Land Management (BLM) Northwest on the Task Groups was solicited with release of the Record of Decision Colorado Resource Advisory Council through the media, letters, and word-of- (ROD) for the Pinedale Anticline Oil (RAC) will meet as indicated below. mouth. and Gas Exploration and Development DATES: The Northwest Colorado RAC The agenda for these meetings will Project on July 27, 2000. The PAWG meetings will be held Jan. 21, 2005; Feb. include information gathering and advises the BLM on the development 9, 2005; May 12, 2005; Aug. 11, 2005; discussion related to developing a and implementation of monitoring plans and Nov. 10, 2005. reclamation monitoring plan to assess and adaptive management decisions as ADDRESSES: The Northwest Colorado the impacts of development in the development of the Pinedale Anticline RAC meetings will be held Jan. 21, Pinedale Anticline gas field, and Natural Gas Field (PAPA) proceeds for 2005, at the Bill Heddles Recreation identifying who will do and who will the life of the field. Center, located at 530 Gunnison River pay for the monitoring. Task Group After the ROD was issued, Interior Dr., Delta, CO; Feb. 9, 2005, at the recommendations are due to the PAWG determined that a Federal Advisory Battlement Mesa Activity Center, in February, 2005. At a minimum, Committees Act (FACA) charter was located at 0398 Arroyo Drive, Parachute, public comments will be heard just required for this group. The charter was CO; May 12, 2005, at the BLM White prior to adjournment of the meeting. signed by Secretary of the Interior, Gale River Field Office, located at 73544 Dated: December 2, 2004. Norton, on August 15, 2002, and Hwy. 64, Meeker, CO; Aug. 11, 2005, at Priscilla E. Mecham, renewed on August 13, 2004. An the Wattenberg Center, Jackson County Field Office Manager. announcement of committee initiation Fairgrounds, located at 686 County [FR Doc. 04–27211 Filed 12–10–04; 8:45 am] and call for nominations was published Road 42, Walden, CO; and Nov. 10, 2005, at the BLM Grand Junction Field BILLING CODE 4310–22–P in the Federal Register on February 21, 2003, (68 FR 8522). PAWG members Office located at 2815 H Rd. in Grand were appointed by Secretary Norton on Junction, CO. All Northwest Colorado DEPARTMENT OF THE INTERIOR May 4, 2004. RAC meetings, with the exception of the At their second business meeting, the Feb. 9, 2005 meeting, will begin at 8 Bureau of Land Management PAWG established seven resource-or a.m. and adjourn at approximately 3 p.m., and public comment periods [WY–100–05–1310–DB] activity-specific Task Groups, including one for Air Quality. Public participation regarding matters on the agenda will be Notice of Meeting of the Pinedale on the Task Groups was solicited at 2 p.m. during each meeting. The Feb. Anticline Working Group’s Air Quality through the media, letters, and word-of- 9, 2005 meeting will begin at 2 p.m. and Task Group mouth. adjourn at 6 p.m. with a public The agenda for this meeting will comment period scheduled for 3 p.m. AGENCY: Bureau of Land Management, include information gathering and FOR FURTHER INFORMATION CONTACT: Interior. discussion related to developing an air Jamie Connell, BLM Glenwood Springs ACTION: Notice of public meeting. quality monitoring plan to assess the Field Office Manager, 50629 Hwy. 6&24, impacts of development in the Pinedale Glenwood Springs, CO; telephone 970– SUMMARY: In accordance with the Anticline gas field, and identifying who 947–2800; or Melodie Lloyd, Public Federal Land Policy and Management will do and who will pay for the Affairs Specialist, 2815 H Rd., Grand Act (1976) and the Federal Advisory monitoring. Task Group Junction, CO, telephone 970–244–3097. Committee Act (1972), the U.S. recommendations are due to the PAWG SUPPLEMENTARY INFORMATION: The Department of the Interior, Bureau of in February, 2005. At a minimum, Land Management (BLM) Pinedale Northwest Colorado RAC advises the public comments will be heard just Secretary of the Interior, through the Anticline Working Group (PAWG) Air prior to adjournment of the meeting. Quality Task Group (subcommittee) will Bureau of Land Management, on a meet in Pinedale, Wyoming, for a Dated: December 2, 2004. variety of public land issues in business meeting. Task Group meetings Priscilla E. Mecham, Colorado. The purpose of the Feb. 9, 2005 are open to the public. Field Office Manager. meeting is to discuss resource [FR Doc. 04–27212 Filed 12–10–04; 8:45 am] DATES: The next PAWG Air Quality management-related topics for the Roan Task Group meeting is scheduled for BILLING CODE 4310–22–P Plateau Draft Resource Management January 4, 2005, from 8 a.m. until 5 p.m. Plan. Topics of discussion for all other A second meeting will occur on January DEPARTMENT OF THE INTERIOR Northwest Colorado RAC meetings may 25, 2005, from 8 a.m. to 5 p.m. include the BLM National Sage Grouse ADDRESSES: The January 4 PAWG Air Bureau of Land Management Conservation Strategy, committee Quality Task Group meeting will be reports, fire management, land use held in the Questar office at 907 W. [CO–600–05–1610–DF] planning, invasive species management, Wilson St., Pinedale, WY. The January energy and minerals management, travel Notice of Public Meetings, Northwest 25 meeting will be held in the Shell management, wilderness, wild horse Colorado Resource Advisory Council office at 205 S. Entertainment Lane, herd management, land exchange Meetings Pinedale, WY. proposals, cultural resource FOR FURTHER INFORMATION CONTACT: AGENCY: Bureau of Land Management, management, and other issues as Susan Caplan, BLM/Air Quality TG Interior. appropriate. Liaison, Bureau of Land Management, These meetings are open to the ACTION: Notice of public meetings. Wyoming State Office, 5353 public. The public may present written

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comments to the RACs. Each formal resources and values. This is a on 41,859 acres (47 percent of the RAC meeting will also have time, as programmatic management plan. No Preserve). No operations would be identified above, allocated for hearing ground-disturbing operations would permitted within 500 feet of waterways. public comments. Depending on the result directly from the management Impacts are analyzed on the following number of persons wishing to comment decisions made in this document. Prior topics: nonfederal oil and gas and time available, the time for to approving individual projects, further development, air quality, geologic individual oral comments may be environmental analysis, in accordance resources, water resources, floodplains, limited. with NEPA, would be completed. vegetation, wetlands, fish and wildlife, Alternative A, No Action, is required species of special concern, cultural Dated: December 7, 2004. under the National Environmental resources, visitor use and experience, John E. Husband, Policy Act and establishes a baseline for and adjacent land uses and resources. Little Snake Field Office Manager and comparison with the two action DATES: The National Park Service will Designated Federal Officer for the Northwest alternatives, B and C. No Action is Colorado RAC. accept comments from the public on the based on Current Legal and Policy Draft Environmental Impact Statement [FR Doc. 04–27277 Filed 12–10–04; 8:45 am] Requirements (CLPR) and is a for a minimum of 60 days after BILLING CODE 4310–JB–P continuation of current oil and gas publication of this notice. management direction in the Preserve. ADDRESSES: The OGMP/DEIS will be Performance standards and specific DEPARTMENT OF THE INTERIOR available for public review and resource protection goals would comment at the following locations: continue to be applied on a case-by-case National Park Service Office of the Superintendent, Big basis under the No Action alternative. Thicket National Preserve Geophysical exploration operations may Oil and Gas Management Plan, Draft Headquarters, 3785 Milam Street, be permitted on 80,670 acres (91 percent Environmental Impact Statement Big Beaumont, Texas 77701–4724, of the Preserve) of which 52,272 acres Thicket National Preserve, Texas Telephone: 409–839–2690, ext. 223. (59 percent of the Preserve) would have AGENCY: National Park Service, Office of Minerals/Oil and Gas Support, timing stipulations; and drilling and Intermountain Region, National Park Department of the Interior. production operations may be permitted Service, 1100 Old Santa Fe Trail, ACTION: Notice of availability of the Oil on 80,639 acres (91 percent of the Santa Fe, New Mexico 87501, and Gas Management Plan/Draft Preserve). No operations would be Telephone: 505–988–6095. Environmental Impact Statement for Big permitted within 500 feet of waterways. Planning and Environmental Quality, Alternative B, the agency Preferred Thicket National Preserve. Intermountain Region, National Park Alternative, defines Preserve-wide Service, 12795 W. Alameda Parkway, SUMMARY: Pursuant to the National resource-specific performance standards Lakewood, Colorado 80228, Environmental Policy Act of 1969, 42 that would be applied to all existing and U.S.C. 4332(C), the National Park Telephone: 303–969–2377. new oil and gas operations. In this Office of Public Affairs, Department of Service announces the availability of an alternative, Special Management Areas the Interior, 18th and C Streets NW., Oil and Gas Management Plan/Draft (SMAs) would be formally designated Washington, DC 20240, Telephone: Environmental Impact Statement for areas where Preserve resources and 202–208–6843, http://www.nps.gov/ (OGMP/DEIS) for Big Thicket National values are particularly susceptible to bith/pphtml/documents.html. Preserve, Texas. adverse impacts from oil and gas When the Preserve was created, operations, and operating stipulations FOR FURTHER INFORMATION CONTACT: surface ownership within the area was specific to each SMA would be applied. Linda Dansby, EIS Project Manager, acquired by the U.S. Government. Nonfederal oil and gas operations could Office of Minerals/Oil and Gas Support, Private entities or the State of Texas be permitted under CLPR in all other Intermountain Region, Santa Fe, New retained the subsurface mineral interests areas of the Preserve that are not Mexico 87504–0728, telephone 505– in these lands. Thus, the federal designated as SMAs. Geophysical 988–6095. government does not own any of the exploration operations may be SUPPLEMENTARY INFORMATION: If you subsurface oil and gas rights in the permitted on 76,620 acres (87 percent of wish to comment, you may submit your Preserve, yet the National Park Service the Preserve) of which 52,272 acres (59 comments by any one of the following is required by its laws, policies and percent of the Preserve) would have methods: You may mail comments to regulations to protect the Preserve from timing stipulations; and drilling and Linda Dansby, EIS Project Manager, any actions, including oil and gas production operations may be permitted Office of Minerals/Oil and Gas Support, operations that may adversely impact or on up to 41,859 acres (47 percent of the Intermountain Region, Santa Fe, New impair Preserve resources and values. Preserve). No operations would be Mexico 87504–0728, telephone 505– The OGMP/DEIS analyzes three permitted within 500 feet of waterways. 988–6095. You may also comment via alternatives that could be implemented Alternative C, the Environmentally the Internet to [email protected]. Please over the next 15–20 years. Each Preferred Alternative, also defines park- submit Internet comments as an ASCII alternative defines a direction for long- wide resource-specific performance file avoiding the use of special term management of existing and standards that would be applied to all characters and any form of encryption. anticipated oil and gas operations current and new oil and gas operations. Please also include ‘‘Attn: Big Thicket associated with the exercise of Similar to Alternative B, SMAs would National Preserve DEIS/O&GMP’’ and nonfederal oil and gas interests be designated with specific operating your name and return address in your underlying the Preserve, and existing stipulations for oil and gas operations. Internet message. If you do not receive transpark oil and gas pipelines and Geophysical exploration may be a confirmation from the system that we activities in their associated rights-of- permitted on 48,475 acres (55 percent of have received your Internet message, way, while protecting Preserve the Preserve) and with a timing contact us directly at 505–988–6095. resources, visitor use and experience, stipulation on 52,272 acres (59 percent You may also go to the Planning, and human health and safety, and of the Preserve); and drilling and Environment and Public Comment preventing impairment to Preserve production operations may be permitted website at http://parkplanning.nps.gov

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for further information regarding the Finding 2. Keep variable operation and comment due date, and to submit The Chippewa Cree Tribe and the maintenance costs under Final comments. Finally, you may hand- North Central Montana Regional Water Engineering Report (FER) levels. deliver comments to the Project Authority submitted the ‘‘Water 3. Develop drought/emergency Manager at 1100 Old Santa Fe Trail, Conservation Plan, Rocky Boy’s/North preparedness plans to deal with a 12- Santa Fe, New Mexico. Our practice is Central Montana Regional Water hour project shutdown. to make comments, including names System’’ dated September 2004, that 4. Initiate education/outreach and and home addresses of respondents, includes prudent and reasonable water public involvement efforts. 5. Limit Tiber Reservoir withdrawals available for public review during conservation measures for the operation to FER levels. regular business hours. Individual of the Rocky Boy’s/North Central 6. Extend the life of the project by respondents may request that we Montana Regional Water System that conserving water. withhold their home address from the have been shown to be economically To accomplish these objectives, and record, which we will honor to the and financially feasible. in fulfillment of section 911(a)(2) of the extent allowable by law. There also may In addition to authorizing Act, the Plan identifies 15 water be circumstances in which we would construction of the Rocky Boy’s/North conservation measures (Table 1–1 of the withhold from the record a respondent’s Central Montana Regional Water Plan) to be implemented starting in Year identity, as allowable by law. If you System, the Act authorizes 1 of construction with full wish us to withhold your name and/or appropriations of $202,880,000 to implementation scheduled by Year 5, address, you must state this Reclamation. The Act states under the second year that treated water will prominently at the beginning of your section 906(3) that ’’The Secretary shall be delivered to non-core users. comment. However, we will not not obligate funds for construction of consider anonymous comments. We the core system or the noncore system Pre-Water Delivery will make all submissions from until the Secretary publishes a written organizations or businesses, and from 1. Meter all water deliveries. finding that the water conservation plan 2. Adopt water-conserving rate individuals identifying themselves as developed under section 911(a) includes representatives or officials of structure for off-reservation systems. prudent and reasonable water 3. Initiate education/outreach and organizations or businesses, available conservation measures for the operation for public inspection in their entirety. public involvement efforts. of the Rocky Boy’s/North Central 4. Secure supplies of educational Dated: November 12, 2004. Montana Regional Water System that materials. John T. Crowley, have been shown to be economically 5. Develop drought/emergency Acting Director, Intermountain Region, and financially feasible.’’ preparedness plans. National Park Service. The requirements for the conservation 6. Work with wholesale water [FR Doc. 04–27240 Filed 12–10–04; 8:45 am] plan are described under section 911 of purchasers to develop individual water the Act that states: BILLING CODE 4312–CB–P conservation plans. ‘‘(a) In General—The Tribe and the 7. Develop strategies and any Authority shall develop and incorporate necessary ordinances, regulations, into the final engineering report a water DEPARTMENT OF THE INTERIOR contracts or similar arrangements/ conservation plan that contains— documents. Bureau of Reclamation ‘‘(1) a description of water 8. Develop design criteria to reflect conservation objectives; water conservation considerations. Rocky Boy’s/North Central Montana ‘‘(2) a description of appropriate water First Year of Water Delivery Regional Water System, Water conservation measures; and Conservation Plan ‘‘(3) a time schedule for implementing 1. Maintain pro-active education/ the water conservation measures to meet outreach efforts, including public AGENCY: Bureau of Reclamation, the water conservation objectives. meetings, news articles, etc. Interior. ‘‘(b) Purpose—The water conservation 2. Prepare annual report highlighting plan under subsection (a) shall be conservation program problems, ACTION: Notice of finding. designed to ensure that users of water successes, cost-benefit comparisons, etc. from the core system, on-reservation and make this information available and SUMMARY: The Rocky Boy’s/North water distribution systems, and the responsive to the public. Central Montana Regional Water System noncore system will use the best 3. Continue to work with wholesale Act of 2002 (Pub. L. 107–331) practicable technology and management water purchasers and the Rocky Boy authorized construction of the Rocky techniques to conserve water.’’ Reservation. Boy’s/North Central Montana Regional To fulfill the requirements of section Water System in north-central Montana. 911, the Chippewa Cree Tribe and the Long-Term Water Conservation To meet the requirements of the Act, the North Central Montana Regional Water Program Chippewa Cree Tribe and the North Authority transmitted a water 1. An annual review to identify Central Montana Regional Water conservation plan (Plan) to Reclamation, problems, suggest improvements, and Authority developed and submitted a dated September 2004. The Plan fulfills solicit input from concerned parties. water conservation plan to Reclamation. all the requirements of the Act as 2. Continued outreach/education discussed below. efforts. FOR FURTHER INFORMATION CONTACT: In fulfillment of section 911(a)(1), the Doug Oellermann, Bureau of 3. Targeted public relations activities. Plan contains six reasonable and 4. Continued enforcement of Reclamation, Montana Area Office, PO prudent water conservation objectives applicable rules and regulations. Box 30107, Billings, Montana 59107– appropriate for the pre-construction Reclamation Manual Directives and 0137, or at (406) 247–7333 or by e-mail phase of this multi-phase project: Standards (WTR 01–01), published in at [email protected]. 1. Keep system per capita water use December 1996, identify ‘‘Fundamental SUPPLEMENTARY INFORMATION: below 196 gallons per capita per day. Water Conservation Measures’’ that are

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considered economically and investigations may be obtained from and that USTR considered it to be an financially feasible and applicable to all Robert Carr, Project Leader (202–205– interagency memorandum containing water conservation programs. The 3402; [email protected]), or Eric pre-decisional advice and subject to the fundamental measures include a water Land, Deputy Project Leader (202–205– deliberative process privilege. The measurement and accounting system, 3049; [email protected]), Office of Commission expects to provide its water pricing structure, and an Industries, United States International report to USTR by February 28, 2005. information and education program. All Trade Commission, Washington, DC Public Hearing: A public hearing in but one of the water conservation 20436. For information on the legal connection with these investigations is measures included in the Plan are aspects of these investigations, contact scheduled to begin at 9:30 a.m. on considered by Reclamation as William Gearhart of the Office of the January 5, 2005, at the United States fundamental. The conservation measure General Counsel (202–205–3091; International Trade Commission which is to develop drought/emergency [email protected]). Hearing Building, 500 E Street SW, Washington, preparedness plans, while not impaired individuals are advised that DC. This hearing will be held considered fundamental, is an information on this matter can be sequentially with a separate additional water conservation measure obtained by contacting the TDD Commission hearing on January 5, 2005, under WTR 01–01 and will not result in terminal on (202) 205–1810. General in connection with its investigation increased project cost. information concerning the Commission U.S.—UAE FTA: Advice Concerning the In fulfillment of section 911(a)(3), the may also be obtained by accessing its Probable Economic Effects of Providing plan contains a time schedule for Internet server (http://www.usitc.gov). Duty-Free Treatment for Imports (Inv. implementing the measures to meet the The public record for these Nos. TA–131–31 and TA–2104–17). water conservation objectives. This time investigations may be viewed on the Requests to appear at the public hearing scheduled is included with the above Commission’s electronic docket (EDIS) should be filed with the Secretary, not description of the objectives and at http://edis.usitc.gov. later than 5:15 p.m., December 17, 2004, measures. Background: On November 15, 2004, in accordance with the requirements in In fulfillment of section 911(b), the USTR notified the Congress of the the ‘‘Submissions’’ section below. In the Reclamation has reviewed and President’s intent to initiate free trade event that, as of the close of business on determined that the water conservation agreement negotiations with the December 17, 2004, no witnesses are plan has been designed to ensure that Sultanate of Oman (Oman). scheduled to appear, the hearing will be the water users will use the best Accordingly, the USTR, pursuant to canceled. Any person interested in practicable technology and management section 131 of the Trade Act of 1974 (19 attending the hearing as an observer or techniques to conserve water. U.S.C. 2151), requested the Commission non-participant may call the Secretary to provide a report including advice as (202–205–1806) after December 17, 2004 Dated: November 8, 2004. to the probable economic effect of to determine whether the hearing will Gerald W. Kelso, providing duty-free treatment for be held. Acting Regional Director, Great Plains Region. imports of products of Oman (i) on Written Submissions: In lieu of or in [FR Doc. 04–27278 Filed 12–10–04; 8:45 am] industries in the United States addition to participating in the hearing, BILLING CODE 4310–MN–P producing like or directly competitive interested parties are invited to submit products, and (ii) on consumers. In written statements or briefs concerning preparing the advice, the Commission’s these investigations. All written INTERNATIONAL TRADE analysis will consider each article in submissions, including requests to COMMISSION chapters 1 through 97 of the appear at the hearing, statements, and Harmonized Tariff Schedule of the briefs, should be addressed to the [Inv. Nos. TA–131–30 and TA–2104–16] United States for which U.S. tariffs will Secretary, United States International remain after the United States fully Trade Commission, 500 E Street SW., U.S.—Oman Free Trade Agreement: implements its Uruguay Round tariff Washington, DC 20436. Any prehearing Advice Concerning the Probable commitments. The import advice will statements or briefs should be filed not Economic Effect of Providing Duty- be based on the 2004 Harmonized Tariff later than 5:15 p.m., December 21, 2004; Free Treatment for Imports System nomenclature and 2003 trade the deadline for filing posthearing AGENCY: International Trade data. The advice with respect to the statements or briefs is 5:15 p.m., January Commission. removal of U.S. duties on imports from 12, 2005. All written submissions must Oman will assume that any known U.S. conform with the provisions of § 201.8 ACTION: Institution of investigation and of the Commission’s Rules of Practice scheduling of public hearing. nontariff barrier will not be applicable to such imports. The Commission will and Procedure (19 CFR 201.8). Section 201.8 of the rules requires that a signed EFFECTIVE DATE: December 6, 2004. note in its report any instance in which the continued application of a U.S. original (or a copy designated as an SUMMARY: Following receipt on original) and fourteen (14) copies of December 1, 2004, of a request from the nontariff barrier to such imports would each document be filed. In the event United States Trade Representative result in different advice with respect to that confidential treatment of the (USTR), the Commission instituted the effect of the removal of the duty. As also requested, pursuant to section document is requested, at least four (4) investigation Nos. TA–131–30 and TA– 2104(b)(2) of the Trade Act of 2002 (19 additional copies must be filed, in 2104–16, U.S.—Oman Free Trade U.S.C. 3804(b)(2)), the Commission will which the confidential information Agreement: Advice Concerning the provide advice as to the probable must be deleted (see the following Probable Economic Effect of Providing economic effect of eliminating tariffs on paragraph for further information Duty-Free Treatment for Imports, under imports of certain agricultural products regarding confidential business section 131 of the Trade Act of 1974 and of Oman on (i) industries in the United information). The Commission’s rules section 2104(b)(2) of the Trade Act of States producing the product concerned, do not authorize filing submissions with 2002. and (ii) the U.S. economy as a whole. the Secretary by facsimile or electronic FOR FURTHER INFORMATION CONTACT: USTR indicated that the means, except to the extent permitted by Information specific to these Commission’s report will be classified § 201.8 of the rules (see Handbook for

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Electronic Filing Procedures, ftp:// Background Written Submissions: In lieu of or in ftp.usitc.gov/pub/reports/ addition to appearing at the public _ _ As requested by the USTR, in its electronic filing handbook.pdf). report the Commission will identify, hearing, interested persons are invited Any submissions that contain with respect to each of the 37 sub- to submit written statements concerning confidential business information must Saharan African countries that are the investigation. Submissions should also conform with the requirements of eligible for African Growth and be addressed to the Secretary, United § 201.6 of the Commission’s Rules of Opportunity Act (AGOA) trade States International Trade Commission, Practice and Procedure (19 CFR 201.6). preferences, (1) the major economic 500 E Street, SW., Washington, DC Section 201.6 of the rules requires that sectors with the greatest potential for 20436. To be assured of consideration the cover of the document and the growth in export sales, and (2) domestic by the Commission, written statements individual pages be clearly marked as to and international barriers that impede related to the Commission’s report whether they are the ‘‘confidential’’ or trade growth in such sectors. The should be submitted to the Commission ‘‘nonconfidential’’ version, and that the Commission will also include in its at the earliest practical date, and should confidential business information be report any information it identifies, in be received by the close of business on clearly identified by means of brackets. the course of its research efforts, March 11, 2005. All written All written submissions, except for concerning private sector initiatives and submissions, including briefs, must confidential business information, will technical assistance programs that conform with the provisions of section be made available in the Office of the attempt to address such barriers. 201.8 of the Commission’s Rules of Secretary to the Commission for As requested by the USTR, the Practice and Procedure (19 CFR 201.8). inspection by interested parties. Commission will seek to provide its Section 201.8 of the rules requires that The Commission may include some or report by June 30, 2005. a signed original (or copy designated as all of the confidential business DATES: Effective Date: December 6, 2004. an original) and fourteen (14) copies of information submitted in the course of each document be filed. In the event FOR FURTHER INFORMATION CONTACT: these investigations in the report it that confidential treatment of the Information may be obtained from the sends to the USTR and the President. document is requested, at least four (4) project leader, Nannette Christ (202– However, should the Commission additional copies must be filed, in 205–3263 or [email protected]) publish a public version of this report, which the confidential business such confidential business information or the deputy project leader, Laura Polly information (CBI) must be deleted (see will not be published in a manner that (202–205–3408 or the following paragraph for further would reveal the operations of the firm [email protected]). For information information regarding CBI). The supplying the information. on the legal aspects of this investigation, Commission’s rules do not authorize Persons with mobility impairments contact William Gearhart of the Office of filing submissions with the Secretary by who will need special assistance in the General Counsel (202–205–3091, facsimile or electronic means, except to gaining access to the Commission [email protected]). The media the extent permitted in section 201.8 of should contact the Secretary at 202– should contact Margaret O’Laughlin, the rules (see Handbook for Electronic 205–2000. Office of Public Affairs (202–205–1819, Filing Procedures, ftp://ftp.usitc.gov/ [email protected]). List of Subjects pub/reports/ Public Hearing: A public hearing in electronic_filing_handbook.pdf). Oman, tariffs, and imports. connection with this investigation is Persons with questions regarding Issued: December 7, 2004. scheduled to begin at 9:30 a.m. on electronic filing should contact the By order of the Commission. March 1, 2005, at the U.S. International Secretary (202–205–2000 or Trade Commission Building, 500 E Marilyn R. Abbott, [email protected]). Street, SW., Washington, DC. All Any submissions, including briefs, Secretary to the Commission. persons have the right to appear by [FR Doc. 04–27238 Filed 12–10–04; 8:45 am] that contain CBI must also conform with counsel or in person, to present the requirements of section 201.6 of the BILLING CODE 7020–02–P information, and to be heard. Persons Commission’s rules (19 CFR 201.6). wishing to appear at the public hearing Section 201.6 of the rules requires that should file a letter with the Secretary, INTERNATIONAL TRADE the cover of the document and the United States International Trade COMMISSION individual pages clearly be marked as to Commission, 500 E St., SW., whether they are the ‘‘confidential’’ or [Investigation No. 332–464] Washington, DC 20436, no later than the ‘‘non-confidential’’ versions, and that close of business (5:15 p.m.) on the CBI be clearly identified by means Export Opportunities and Barriers in February 14, 2005. In addition, persons of brackets. All written submissions, African Growth and Opportunity Act— appearing should file prehearing briefs except for CBI, will be made available Eligible Countries (original and 14 copies) with the for inspection by interested parties. AGENCY: United States International Secretary by the close of business on The Commission may include some or Trade Commission. February 16, 2005. Posthearing briefs all of the CBI it receives in the report it ACTION: Institution of investigation and should be filed with the Secretary by the sends to the USTR. However, the scheduling of hearing. close of business on March 11, 2005. In Commission will not publish CBI in the the event that no requests to appear at public version of the report in a manner SUMMARY: Following receipt on the hearing are received by the close of that would reveal the operations of the November 15, 2004, of a request from business on February 14, 2005, the firm supplying the information. The the United States Trade Representative hearing will be canceled. Any person public version of the report will be (USTR) under section 332(g) of the interested in attending the hearing as an made available to the public on the Tariff Act of 1930 (19 U.S.C. 1332 (g)), observer or nonparticipant may call the Commission’s Web site. the Commission instituted investigation Secretary to the Commission (202–205– The public record for this report may No. 332–464, Export Opportunities and 1806) after February 14, 2005 to be viewed on the Commission’s Barriers in African Growth and determine whether the hearing will be electronic docket (EDIS) at http:// Opportunity Act—Eligible Countries. held. edis.usitc.gov. Hearing impaired

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individuals are advised that information The public record for these Requests to appear at the public hearing on this matter can be obtained by investigations may be viewed on the should be filed with the Secretary, not contacting our TDD terminal on 202– Commission’s electronic docket (EDIS) later than 5:15 p.m., December 17, 2004, 205–1810. Persons with mobility at http://edis.usitc.gov. in accordance with the requirements in impairments who will need special Background: On November 15, 2004, the ‘‘Submissions’’ section below. In the assistance in gaining access to the the USTR notified the Congress of the event that, as of the close of business on Commission should contact the Office President’s intent to initiate free trade December 17, 2004, no witnesses are of the Secretary at 202–205–2000. agreement negotiations with the United scheduled to appear, the hearing will be Arab Emirates (UAE). Accordingly, the canceled. Any person interested in List of Subjects USTR, pursuant to section 131 of the attending the hearing as an observer or AGOA, Sub-Sahran Africa. Trade Act of 1974 (19 U.S.C. 2151), non-participant may call the Secretary Issued: December 8, 2004. requested the Commission to provide a (202–205–1806) after December 17, 2004 By order of the Commission. report including advice as to the to determine whether the hearing will Marilyn R. Abbott, probable economic effect of providing be held. duty-free treatment for imports of Written Submissions: In lieu of or in Secretary to the Commission. products of UAE (i) on industries in the addition to participating in the hearing, [FR Doc. 04–27265 Filed 12–10–04; 8:45 am] United States producing like or directly interested parties are invited to submit BILLING CODE 7020–02–P competitive products, and (ii) on written statements or briefs concerning consumers. In preparing the advice, the these investigations. All written Commission’s analysis will consider submissions, including requests to INTERNATIONAL TRADE each article in chapters 1 through 97 of appear at the hearing, statements, and COMMISSION the Harmonized Tariff Schedule of the briefs, should be addressed to the [Inv. Nos. TA–131–31 and TA–2104–17] United States for which U.S. tariffs will Secretary, United States International remain after the United States fully Trade Commission, 500 E Street SW., U.S.-UAE Free Trade Agreement: implements its Uruguay Round tariff Washington, DC 20436. Any prehearing Advice Concerning the Probable commitments. The import advice will statements or briefs should be filed not Economic Effect of Providing Duty- be based on the 2004 Harmonized Tariff later than 5:15 p.m., December 21, 2004; Free Treatment for Imports System nomenclature and 2003 trade the deadline for filing posthearing AGENCY: International Trade data. The advice with respect to the statements or briefs is 5:15 p.m., January Commission. removal of U.S. duties on imports from 12, 2005. All written submissions must UAE will assume that any known U.S. conform with the provisions of § 201.8 ACTION: Institution of investigation and nontariff barrier will not be applicable of the Commission’s Rules of Practice scheduling of public hearing. to such imports. The Commission will and Procedure (19 CFR 201.8). Section EFFECTIVE DATE: December 6, 2004. note in its report any instance in which 201.8 of the rules requires that a signed SUMMARY: Following receipt on the continued application of a U.S. original (or a copy designated as an December 1, 2004, of a request from the nontariff barrier to such imports would original) and fourteen (14) copies of United States Trade Representative result in different advice with respect to each document be filed. In the event (USTR), the Commission instituted the effect of the removal of the duty. that confidential treatment of the investigation Nos. TA–131–31 and TA– As also requested, pursuant to section document is requested, at least four (4) 2104–17, U.S.-UAE Free Trade 2104(b)(2) of the Trade Act of 2002 (19 additional copies must be filed, in Agreement: Advice Concerning the U.S.C. 3804(b)(2)), the Commission will which the confidential information Probable Economic Effect of Providing provide advice as to the probable must be deleted (see the following Duty-Free Treatment for Imports, under economic effect of eliminating tariffs on paragraph for further information imports of certain agricultural products section 131 of the Trade Act of 1974 and regarding confidential business of UAE on (i) industries in the United section 2104(b)(2) of the Trade Act of information). The Commission’s rules States producing the product concerned, 2002. do not authorize filing submissions with and (ii) the U.S. economy as a whole. the Secretary by facsimile or electronic FOR FURTHER INFORMATION CONTACT: USTR indicated that the means, except to the extent permitted by Information specific to these Commission’s report will be classified § 201.8 of the rules (see Handbook for investigations may be obtained from and that USTR considered it to be an Electronic Filing Procedures, ftp:// Robert Carr, Project Leader (202–205– interagency memorandum containing ftp.usitc.gov/pub/reports/ 3402; [email protected]), or Peder pre-decisional advice and subject to the electronic_filing_handbook.pdf). Andersen, Deputy Project Leader (202– deliberative process privilege. The Any submissions that contain 205–3388; [email protected]), Commission expects to provide its confidential business information must Office of Industries, United States report to USTR by February 28, 2005. also conform with the requirements of International Trade Commission, Public Hearing: A public hearing in § 201.6 of the Commission’s Rules of Washington, DC 20436. For information connection with these investigations is Practice and Procedure (19 CFR 201.6). on the legal aspects of these scheduled to begin at 9:30 a.m. on Section 201.6 of the rules requires that investigations, contact William Gearhart January 5, 2005, at the United States the cover of the document and the of the Office of the General Counsel International Trade Commission individual pages be clearly marked as to (202–205–3091; Building, 500 E Street SW., Washington, whether they are the ‘‘confidential’’ or [email protected]). Hearing DC. This hearing will be held ‘‘nonconfidential’’ version, and that the impaired individuals are advised that sequentially with a separate confidential business information be information on this matter can be Commission hearing on January 5, 2005, clearly identified by means of brackets. obtained by contacting the TDD in connection with its investigation All written submissions, except for terminal on (202) 205–1810. General U.S.-Oman FTA: Advice Concerning the confidential business information, will information concerning the Commission Probable Economic Effects of Providing be made available in the Office of the may also be obtained by accessing its Duty-Free Treatment for Imports (Inv. Secretary to the Commission for Internet server (http://www.usitc.gov). Nos. TA–131–30 and TA–2104–16). inspection by interested parties.

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The Commission may include some or —Evaluate whether the proposed Dated: December 7, 2004. all of the confidential business collection of information is necessary Brenda E. Dyer, information submitted in the course of for the proper performance of the Department Deputy Clearance Officer, these investigations in the report it functions of the agency, including Department of Justice. sends to the USTR and the President. whether the information will have [FR Doc. 04–27231 Filed 12–10–04; 8:45 am] However, should the Commission practical utility; BILLING CODE 4410–FY–P publish a public version of this report, —Evaluate the accuracy of the agencies such confidential business information estimate of the burden of the will not be published in a manner that proposed collection of information, DEPARTMENT OF JUSTICE would reveal the operations of the firm including the validity of the supplying the information. methodology and assumptions used; Bureau of Alcohol, Tobacco, Firearms Persons with mobility impairments —Enhance the quality, utility, and and Explosives who will need special assistance in clarity of the information to be Agency Information Collection gaining access to the Commission collected; and should contact the Secretary at 202– Activities: Proposed Collection; —Minimize the burden of the collection Comments Requested 205–2000. of information on those who are to List of Subjects respond, including through the use of ACTION: 60–Day Notice of Information appropriate automated, electronic, Collection Under Review: Personnel UAE, tariffs, and imports. mechanical, or other technological Security Request. Issued: December 7, 2004 collection techniques or other forms By order of the Commission. of information technology, e.g., The Department of Justice (DOJ), Marilyn R. Abbott, permitting electronic submission of Bureau of Alcohol, Tobacco, Firearms Secretary to the Commission. responses. and Explosives (ATF), has submitted the Overview of This Information following information collection request [FR Doc. 04–27239 Filed 12–10–04; 8:45 am] to the Office of Management and Budget BILLING CODE 7020–02–P Collection: (1) Type of Information Collection: (OMB) for review and approval in accordance with the Paperwork Extension of a currently approved Reduction Act of 1995. The proposed collection. DEPARTMENT OF JUSTICE information collection is published to (2) Title of the Form/Collection: obtain comments from the public and Bureau of Alcohol, Tobacco, Firearms Investigator Integrity Questionnaire. affected agencies. Comments are and Explosives (3) Agency form number, if any, and encouraged and will be accepted for the applicable component of the ‘‘sixty days’’ until February 11, 2005. Agency Information Collection Department of Justice sponsoring the This process is conducted in accordance Activities: Proposed Collection; collection: Form Number: ATF F 8620.7. Comments Requested with 5 CFR 1320.10. Bureau of Alcohol, Tobacco, Firearms If you have comments especially on and Explosives. ACTION: 60–Day Notice of Information the estimated public burden or (4) Affected public who will be asked Collection Under Review: Investigator associated response time, suggestions, or required to respond, as well as a brief Integrity Questionnaire. or need a copy of the proposed abstract: Primary: Individuals or information collection instrument with The Department of Justice (DOJ), households. Other: None. ATF utilizes instructions or additional information, Bureau of Alcohol, Tobacco, Firearms the services of contract investigators to please contact Terry L. Cates, Office of and Explosives (ATF), has submitted the conduct security/suitability Professional Responsibility and Security following information collection request investigations on prospective or current Operations, Room 2240, 650 to the Office of Management and Budget employees, as well as those contractors Massachusetts Avenue, NW., (OMB) for review and approval in and consultants doing business with Washington, DC 20226. accordance with the Paperwork ATF. Persons interviewed by contract Written comments and suggestions Reduction Act of 1995. The proposed investigators will be randomly selected from the public and affected agencies information collection is published to to voluntarily complete a questionnaire concerning the proposed collection of obtain comments from the public and regarding the investigator’s degree of information are encouraged. Your affected agencies. Comments are professionalism. comments should address one or more encouraged and will be accepted for (5) An estimate of the total number of of the following four points: ‘‘sixty days’’ until February 11, 2005. respondents and the amount of time • Evaluate whether the proposed This process is conducted in accordance estimated for an average respondent to collection of information is necessary with 5 CFR 1320.10. respond: It is estimated that 2,500 for the proper performance of the If you have comments on the respondents will complete a 5 minute functions of the agency, including estimated public burden or associated form. whether the information will have response time, suggestions, or need a (6) An estimate of the total public practical utility; copy of the proposed information burden (in hours) associated with the • Evaluate the accuracy of the collection instrument with instructions, collection: There are an estimated 208 agencies estimate of the burden of the please contact Renee Reid, Office of annual total burden hours associated proposed collection of information, Inspection, 650 Massachusetts Avenue, with this collection. including the validity of the NW., Washington, DC 20226. If additional information is required methodology and assumptions used; Written comments and suggestions contact: Brenda E. Dyer, Deputy • Enhance the quality, utility, and from the public and affected agencies Clearance Officer, Policy and Planning clarity of the information to be concerning the proposed collection of Staff, Justice Management Division, collected; and information are encouraged. Your United States Department of Justice, • Minimize the burden of the comments should address one or more Patrick Henry Building, Suite 1600, 601 collection of information on those who of the following four points: D Street NW., Washington, DC 20530. are to respond, including through the

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use of appropriate automated, Importers, Manufacturers, Dealers, and (3) Agency form number, if any, and electronic, mechanical, or other Users Licensed Under Title 18 U.S.C. the applicable component of the technological collection techniques or Chapter 40 Explosives. Department of Justice sponsoring the other forms of information technology, collection: Recordkeeping Number: ATF The Department of Justice (DOJ), e.g., permitting electronic submission of REC 5400/3. Bureau of Alcohol, Bureau of Alcohol, Tobacco, Firearms responses. Tobacco, Firearms and Explosives. Overview of this information and Explosives (ATF), has submitted the following information collection request (4) Affected public who will be asked collection: or required to respond, as well as a brief (1) Type of Information Collection: to the Office of Management and Budget abstract: Primary: Business or other for- Extension of a currently approved (OMB) for review and approval in profit. Other: None. The records used collection. accordance with the Paperwork (2) Title of the Form/Collection: Reduction Act of 1995. The proposed for this collection show the daily Personnel Security Request. information collection is published to activities in the importation, (3) Agency form number, if any, and obtain comments from the public and manufacture, receipt, storage, and the applicable component of the affected agencies. Comments are disposition of all explosive materials Department of Justice sponsoring the encouraged and will be accepted for covered under 18 U.S.C. Chapter 40 collection: Form Number: ATF 8620.5. ‘‘sixty days’’ until February 11, 2005. Explosives. They are also used to show Bureau of Alcohol, Tobacco, Firearms This process is conducted in accordance where and to whom explosive materials and Explosives. with 5 CFR 1320.10. are sent, thereby ensuring that any (4) Affected public who will be asked If you have comments especially on diversions will be readily apparent and or required to respond, as well as a brief the estimated public burden or if lost or stolen ATF will be abstract: Primary: Individuals or associated response time, suggestions, immediately notified. households. Other: None. ATF F 8620.5 or need a copy of the proposed (5) An estimate of the total number of is an internal use form to gather information collection instrument with respondents and the amount of time preliminary information from an instructions or additional information, estimated for an average respondent to individual desiring access to ATF please contact Gary Patterson, respond: It is estimated that 50,519 facilities, information or data. The Explosives Industry Programs Branch, respondents will take 1 hour to information requested is necessary to Room 7400, 650 Massachusetts Avenue, maintain records. NW., Washington, DC 20226. permit ATF to begin the preliminary (6) An estimate of the total public criminal records search on the Written comments and suggestions from the public and affected agencies burden (in hours) associated with the applicant. collection: There are an estimated (5) An estimate of the total number of concerning the proposed collection of information are encouraged. Your 637,570 annual total burden hours respondents and the amount of time associated with this collection. estimated for an average respondent to comments should address one or more of the following four points: FOR FURTHER INFORMATION CONTACT: respond: It is estimated that 1000 • Evaluate whether the proposed respondents will complete a 5 minute Brenda E. Dyer, Department Clearance collection of information is necessary Officer, Policy and Planning Staff, form. for the proper performance of the (6) An estimate of the total public Justice Management Division, functions of the agency, including burden (in hours) associated with the Department of Justice, Patrick Henry whether the information will have collection: There are an estimated 83 Building, Suite 1600, 601 D Street NW., practical utility; annual total burden hours associated • Evaluate the accuracy of the Washington, DC 20530. with this collection. agencies estimate of the burden of the Dated: December 2, 2004. If additional information is required proposed collection of information, contact: Brenda E. Dyer, Department Brenda E. Dyer, including the validity of the Clearance Officer, Policy and Planning Department Clearance Officer, Department of methodology and assumptions used; Justice. Staff, Justice Management Division, • Enhance the quality, utility, and [FR Doc. 04–27235 Filed 12–10–04; 8:45 am] Department of Justice, Patrick Henry clarity of the information to be Building, Suite 1600, 601 D Street NW., collected; and BILLING CODE 4410–FY–P Washington, DC 20530. • Minimize the burden of the Dated: December 1, 2004. collection of information on those who DEPARTMENT OF JUSTICE Brenda E. Dyer, are to respond, including through the Department Clearance Officer, Department of use of appropriate automated, electronic, mechanical, or other Bureau of Alcohol, Tobacco, Firearms Justice. and Explosives [FR Doc. 04–27234 Filed 12–10–04; 8:45 am] technological collection techniques or other forms of information technology, BILLING CODE 4410–FY–P Agency Information Collection e.g., permitting electronic submission of Activities: Proposed Collection; responses. Comments Requested DEPARTMENT OF JUSTICE Overview of This Information Collection ACTION: 60–Day Notice of Information Bureau of Alcohol, Tobacco, Firearms Collection Under Review: Application and Explosives (1) Type of Information Collection: Extension of a currently approved for Registration of Firearms Acquired by Agency Information Collection collection. Certain Governmental Entities. Activities: Proposed Collection; (2) Title of the Form/Collection: Comments Requested Records and Supporting Data: The Department of Justice (DOJ), Importation, Receipt, Storage, and Bureau of Alcohol, Tobacco, Firearms ACTION: 60-Day Notice of Information Disposition By Explosives Importers, and Explosives (ATF), has submitted the Collection Under Review: Records and Manufacturers, Dealers, and Users following information collection request Supporting Data: Importation, Receipt, Licensed Under Title 18 U.S.C. Chapter to the Office of Management and Budget Storage, and Disposition By Explosives 40 Explosives. (OMB) for review and approval in

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accordance with the Paperwork required to be submitted by State and should be directed to the Office of Reduction Act of 1995. The proposed local government entities wishing to Management and Budget, Office of information collection is published to register an abandoned or seized and Information and Regulatory Affairs, obtain comments from the public and previously unregistered National Attention Department of Justice Desk affected agencies. Comments are Firearms Act weapon. The form is Officer, Washington, DC 20503. encouraged and will be accepted for required whenever application for such Additionally, comments may be ‘‘sixty days’’ until February 11, 2005. a registration is made. submitted to OMB via facsimile to (202) This process is conducted in accordance (5) An estimate of the total number of 395–5806. Written comments and with 5 CFR 1320.10. respondents and the amount of time suggestions from the public and affected If you have comments especially on estimated for an average respondent to agencies concerning the proposed the estimated public burden or respond: It is estimated that 1500 collection of information are associated response time, suggestions, respondents will complete a 30 minute encouraged. Your comments should or need a copy of the proposed form. address one or more of the following information collection instrument with (6) An estimate of the total public four points: instructions or additional information, burden (in hours) associated with the • Evaluate whether the proposed please contact Gary Schaible, National collection: There are an estimated 3000 collection of information is necessary Firearms Act Branch, Room 5100, 650 annual total burden hours associated for the proper performance of the Massachusetts Avenue, NW., with this collection. functions of the agency, including Washington, DC 20226. If additional information is required whether the information will have Written comments and suggestions contact: Brenda E. Dyer, Department practical utility; from the public and affected agencies Clearance Officer, Policy and Planning • Evaluate the accuracy of the concerning the proposed collection of Staff, Justice Management Division, agencies estimate of the burden of the information are encouraged. Your Department of Justice, Patrick Henry proposed collection of information, comments should address one or more Building, Suite 1600, 601 D Street NW., including the validity of the of the following four points: Washington, DC 20530. methodology and assumptions used; • • Evaluate whether the proposed Dated: December 7, 2004. Enhance the quality, utility, and collection of information is necessary clarity of the information to be Brenda E. Dyer, for the proper performance of the collected; and functions of the agency, including Department Clearance Officer, Department of • Minimize the burden of the Justice. whether the information will have collection of information on those who practical utility; [FR Doc. 04–27236 Filed 12–10–04; 8:45 am] are to respond, including through the • Evaluate the accuracy of the BILLING CODE 4410–FY–P use of appropriate automated, agencies estimate of the burden of the electronic, mechanical, or other proposed collection of information, technological collection techniques or DEPARTMENT OF JUSTICE including the validity of the other forms of information technology, methodology and assumptions used; Office of Justice Programs e.g., permitting electronic submission of • Enhance the quality, utility, and responses. clarity of the information to be Agency Information Collection Overview of This Information collected; and Activities: Proposed Collection; • Collection Minimize the burden of the Comments Requested collection of information on those who (1) Type of Information Collection: are to respond, including through the ACTION: 30-Day Notice of Information Reinstatement, with change, of a use of appropriate automated, Collection Under Review: Police Public previously approved collection for electronic, mechanical, or other Contact Survey. which approval has expired. technological collection techniques or (2) Title of the Form/Collection: Police other forms of information technology, The Department of Justice (DOJ), Public Contact Survey. e.g., permitting electronic submission of Office of Justice Programs (OJP) has (3) Agency form number, if any, and responses. submitted the following information the applicable component of the Overview of this information collection request to the Office of Department sponsoring the collection: collection: Management and Budget (OMB) for PPCS–1. Bureau of Justice Statistics, (1) Type of Information Collection: review and approval in accordance with Department of Justice. Extension of a currently approved the Paperwork Reduction Act of 1995. (4) Affected public who will be asked collection. The proposed information collection is or required to respond, as well as a brief (2) Title of the Form/Collection: published to obtain comments from the abstract: Primary: Eligible individuals Application for Registration of Firearms public and affected agencies. This must be age 16 or older. Other: None. Acquired by Certain Governmental proposed information collection was The Police Public Contact Survey Entities. previously published in the Federal fulfills the mandate set forth by the (3) Agency form number, if any, and Register Volume 69, Number 201, page Violent Crime Control and Law the applicable component of the 61526 on October 19, 2004, allowing for Enforcement Act of 1994 to collect, Department of Justice sponsoring the a 60 day comment period. evaluate, and publish data on the use of collection: Form Number: ATF F 10 The purpose of this notice is to allow excessive force by law enforcement (5320.10). Bureau of Alcohol, Tobacco, for an additional 30 days for public personnel. The survey will be Firearms and Explosives. comment until January 12, 2005. This conducted as a supplement to the (4) Affected public who will be asked process is conducted in accordance with National Crime Victimization Survey in or required to respond, as well as a brief 5 CFR 1320.10. all sample households for a six (6) abstract: Primary: Federal Government. Written comments and/or suggestions month period. Other: Individual or households; regarding the items contained in this (5) An estimate of the total number of business or other for-profit; State, local notice, especially the estimated public respondents and the amount of time or tribal Government. The form is burden and associated response time, estimated for an average respondent to

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respond/reply: A total of approximately published to obtain comments from the abstract: Primary: The affected public 116,500 persons will be eligible for the public and affected agencies. This includes the approximately 500 PPCS questions during July through proposed information collection was supervised visitation and safe exchange December 2005. Of the 116,500 eligible previously published in the Federal programs who include units of state, persons, we expect approximately 82 Register Volume 69, Number 154, page Indian tribal and local governments, percent or 95,900 of the eligible persons 48888 on August 11, 2004, allowing for state or local courts, non-profit will complete a PPCS interview. Of a 60 day comment period. organizations and business or other for those persons interviewed for the PPCS, The purpose of this notice is to allow profit institutions. These programs we estimate approximately 80 percent for an additional 30 days for public provide an opportunity for communities or 76,720 persons will complete only comment until January 12, 2005. This to support the supervised visitation and the first two (contact screener questions) process is conducted in accordance with safe exchange of children, by and survey questions. The estimated time to 5 CFR 1320.10. between parents, in situations involving complete the control information on the Written comments and/or suggestions domestic violence, child abuse, sexual PPCS form, read the introductory regarding the items contained in this assault, or stalking. statement, and administer the first two notice, especially the estimated public (5) An estimate of the total number of contact screener questions to the burden and associated response time, respondents and the amount of time respondents is approximately 1.5 should be directed to the Office of estimated for an average respondent to minute per person. Furthermore, we Management and Budget, Office of respond/reply: It is estimated that it will estimate that the remaining 20 percent Information and Regulatory Affairs, take the 500 respondents approximately of the interviewed persons or 19,180 Attention Department of Justice Desk one hour to complete the survey. persons will report contact with the Officer, Washington, DC 20503. (6) An estimate of the total public police. The time to ask the detailed Additionally, comments may be burden (in hours) associated with the questions regarding the nature of the submitted to OMB via facsimile to (202) collection: The total annual hour burden contact is estimated to take an average 395–5806. Written comments and to complete the survey is 500 hours. If additional information is required of 10 minutes. Respondents will be suggestions from the public and affected contact: Brenda E. Dyer, Department asked to respond to this survey only agencies concerning the proposed Clearance Officer, United States once during the six month period. collection of information are (6) An estimate of the total public encouraged. Your comments should Department of Justice, Justice burden (in hours) associated with the address one or more of the following Management Division, Policy and collection: The estimated total annual four points: Planning Staff, Patrick Henry Building, burden hours associated with this • Evaluate whether the proposed Suite 1600, 601 D Street, NW., collection are 5,114. collection of information is necessary Washington, DC 20530. If additional information is required for the proper performance of the Dated: December 7, 2004. contact: Brenda E. Dyer, Department functions of the agency, including Brenda E. Dyer, Clearance Officer, United States whether the information will have Department Clearance Officer, Department of Department of Justice, Justice practical utility; Justice. Management Division, Policy and • Evaluate the accuracy of the [FR Doc. 04–27233 Filed 12–10–04; 8:45 am] Planning Staff, Patrick Henry Building, agencies estimate of the burden of the BILLING CODE 4410–18–P Suite 1600, 601 D Street, NW., proposed collection of information, Washington, DC 20530. including the validity of the methodology and assumptions used; Dated: December 7, 2004. • NATIONAL CREDIT UNION Enhance the quality, utility, and ADMINISTRATION Brenda E. Dyer, clarity of the information to be Department Clearance Officer, Department of collected; and Notice of Meeting; Sunshine Act Justice. • Minimize the burden of the [FR Doc. 04–27232 Filed 12–10–04; 8:45 am] collection of information on those who TIME AND DATE: 10 a.m., Thursday, BILLING CODE 4410–18–P are to respond, including through the December 16, 2004. use of appropriate automated, PLACE: Board Room, 7th Floor, Room electronic, mechanical, or other 7047, 1775 Duke Street, Alexandria, VA DEPARTMENT OF JUSTICE technological collection techniques or 22314–3428. Office of Justice Programs other forms of information technology, STATUS: Open. e.g., permitting electronic submission of MATTERS TO BE CONSIDERED: Agency Information Collection responses. 1. Missouri Member Business Loan Activities: Proposed Collection; Overview of This Information Rule Proposed Changes. Comments Requested Collection 2. Texas Member Business Loan Rule Proposed Changes. ACTION: 30-Day Notice of Information (1) Type of Information Collection: 3. National Credit Union Share Collection Under Review: National New Collection. Insurance Fund (NCUSIF) Operating Survey of Supervised Visitation and (2) Title of the Form/Collection: Level for 2005. Safe Exchange Programs. National Survey of Supervised RECESS: 11:15a.m. Visitation and Safe Exchange Programs. TIME AND DATE: The Department of Justice (DOJ), (3) Agency form number, if any, and 11:30 a.m., Thursday, Office of Justice Programs (OJP) has the applicable component of the December 16, 2004. submitted the following information Department sponsoring the collection: PLACE: Board Room, 7th Floor, Room collection request to the Office of Form Number: None. U.S. Department 7047, 1775 Duke Street, Alexandria, Va Management and Budget (OMB) for of Justice, Office of Justice Programs, 22314–3428. review and approval in accordance with Office on Violence Against Women. STATUS: Closed. the Paperwork Reduction Act of 1995. (4) Affected public who will be asked MATTERS TO BE CONSIDERED: 1. The proposed information collection is or required to respond, as well as a brief Administrative Action under section

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206(g)(7) of the Federal Credit Union 27th, and from 9 a.m. to 3:30 p.m. on I. Introduction Act. Closed pursuant to exemptions (6) January 28th, will be closed. The Nuclear Regulatory Commission and (8). The closed portions of meetings are (NRC) is issuing a license amendment to FOR FURTHER INFORMATION CONTACT: for the purpose of Panel review, AppTec Laboratory Services, Inc. Mary Rupp, Secretary of the Board, discussion, evaluation, and (AppTec) for Materials License No. 29– telephone: (703) 581–6304. recommendation on applications for 28152–01, to terminate the license and financial assistance under the National authorize release of its facility in Mary Rupp, Foundation on the Arts and the Secretary of the Board. Camden, New Jersey, for unrestricted Humanities Act of 1965, as amended, use. NRC has prepared an [FR Doc. 04–27390 Filed 12 –9–04; 3:47 pm] including information given in Environmental Assessment (EA) in BILLING CODE 7535–01–M confidence to the agency by grant support of this action in accordance applicants. In accordance with the with the requirements of 10 CFR Part determination of the Chairman of April 51. Based on the EA, the NRC has 14, 2004, these sessions will be closed concluded that a Finding of No NATIONAL FOUNDATION ON THE to the public pursuant to subsection ARTS AND THE HUMANITIES Significant Impact (FONSI) is (c)(6) of 5 U.S.C. 552b. appropriate. The amendment will be Any person may observe meetings, or National Endowment for the Arts; Arts issued following the publication of this portions thereof, of advisory panels that Notice. Advisory Panel are open to the public, and if time Pursuant to section 10(a)(2) of the allows, may be permitted to participate II. EA Summary Federal Advisory Committee Act (Public in the panel’s discussions at the The purpose of the action is to Law 92–463), as amended, notice is discretion of the panel chairman. authorize the release of the licensee’s hereby given that six meetings of the If you need special accommodations Camden, New Jersey, facility for Arts Advisory Panel to the National due to a disability, please contact the unrestricted use. AppTec was Council on the Arts will be held at the Office of AccessAbility, National authorized by NRC from April 7, 1988, Nancy Hanks Center, 1100 Pennsylvania Endowment for the Arts, 1100 to use radioactive materials for research Avenue, NW., Washington, DC 20506 as Pennsylvania Avenue, NW., and development purposes at the site. follows: Washington, DC 20506, (202) 682–5532, On July 28, 2004, AppTec requested that Folk and Traditional Arts TDY–TDD (202) 682–5496, at least NRC release the facility for unrestricted (Infrastructure): January 11, 2005, Room seven (7) days prior to the meeting. use. AppTec has conducted surveys of 730. A portion of this meeting, from Further information with reference to the facility and provided information to 4:30 p.m. to 5:30 p.m., will be for policy these meetings can be obtained from Ms. the NRC to demonstrate that the site discussion and will be open to the Kathy Plowitz-Worden, Office of meets the license termination criteria in public. The remainder of the meeting, Guidelines & Panel Operations, National Subpart E of 10 CFR Part 20 for from 9 a.m. to 4:30 p.m. and from 5:30 Endowment for the Arts, Washington, unrestricted use. p.m. to 6:30 p.m., will be closed. DC 20506, or call (202) 682–5691. The NRC staff has prepared an EA in Media Arts (Arts on Radio and Dated: December 7, 2004. support of the license amendment. The Television): January 12–14, 2005, Room Kathy Plowitz-Worden, facility was remediated and surveyed 716. This meeting, from 9 a.m. to 6 p.m. Panel Coordinator, Panel Operations, prior to the licensee requesting the on January 12th and 13th, and from 9 National Endowment for the Arts. license amendment. The NRC staff has a.m. to 5 p.m. on January 14th, will be [FR Doc. 04–27281 Filed 12–10–04; 8:45 am] reviewed the information and final closed. BILLING CODE 7537–01–P status survey submitted by AppTec. Arts Education (Summer Schools in Based on its review, the staff has the Arts): January 13–14, 2005, Room determined that there are no additional 714. A portion of this meeting, from 2 remediation activities necessary to NUCLEAR REGULATORY p.m. to 3 p.m. on January 14th, will be complete the proposed action. COMMISSION for policy discussion and will be open Therefore, the staff considered the to the public. The remainder of the [Docket No. 030–30416] impact of the residual radioactivity at meeting, from 9 a.m. to 5:30 p.m. on the facility and concluded that since the January 13th and from 9 a.m. to 2 p.m. Notice of Availability of Environmental residual radioactivity meets the and 3 p.m. to 4 p.m. on January 14th, Assessment and Finding of No requirements in Subpart E of 10 CFR will be closed. Significant Impact for License Part 20, a Finding of No Significant Partnership (State Partnership Amendment for APPTEC Laboratory Impact is appropriate. Agreements): January 18–19, 2005, Services, Inc.’s Facility in Camden, NJ Room 716. This meeting, from 9:30 a.m. III. Finding of No Significant Impact to 6 p.m. on January 18th, and from 8:30 AGENCY: Nuclear Regulatory The staff has prepared the EA a.m. to 3:00 p.m. on January 19th, will Commission. (summarized above) in support of the be open to the public. ACTION: Notice of Availability. license amendment to terminate the AccessAbility (Leadership Initiatives): license and release the facility for January 19, 2005, Room 724. This FOR FURTHER INFORMATION CONTACT: unrestricted use. The NRC staff has meeting, which will be held by Donna M. Janda, Materials Security and evaluated AppTec’s request and the teleconference from 2 p.m. to 4 p.m., Industrial Branch, Division of Nuclear results of the surveys and has concluded will be closed. Materials Safety, Region I, 475 that the completed action complies with Folk and Traditional Arts (National Allendale Road, King of Prussia, the criteria in Subpart E of 10 CFR Part Heritage Fellowships): January 25–28, Pennsylvania, 19406, telephone (610) 20. The staff has found that the 2005, Room 716. This meeting, from 9 337–5371, fax (610) 337–5269; or by e- environmental impacts from the action a.m. to 7 p.m. on January 25th and 26th, mail: [email protected]. are bounded by the impacts evaluated from 9 a.m. to 6:30 p.m. on January SUPPLEMENTARY INFORMATION: by NUREG–1496, Volumes 1–3,

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‘‘Generic Environmental Impact For the Nuclear Regulatory Commission. the Chief Financial Officers Council and Statement in Support of Rulemaking on James P. Dwyer, the Office of Federal Financial Radiological Criteria for License Chief, Commercial and R&D Branch, Division Management. These updates are Termination of NRC-Licensed of Nuclear Materials Safety, Region I. effective immediately. Facilities’’ (ML042310492, [FR Doc. 04–27244 Filed 12–10–04; 8:45 am] A revised version of the entire ML042320379, and ML042330385). On BILLING CODE 7590–01–P Circular will be made available on the the basis of the EA, the NRC has OMB Web site (http:// concluded that the environmental www.whitehouse.gov/omb). All impacts from the action are expected to OFFICE OF MANAGEMENT AND questions or inquiries concerning OMB be insignificant and has determined not BUDGET Circular A–127 should be addressed to to prepare an environmental impact the Office of Federal Financial Management, Federal Financial Systems statement for the action. Interim Final Revision of OMB Circular A–127, ‘‘Financial Management Branch, telephone number 202–395– IV. Further Information Systems’’ 3993. Documents related to this action, AGENCY: Office of Management and Joshua B. Bolten, including the application for the license Budget (OMB), Executive Office of the Director. amendment and supporting President. Transmittal Memorandum No. 3 documentation, are available ACTION: Notice. Revisions to OMB Circular A–127 electronically at the NRC’s Electronic SUMMARY: This Transmittal Memorandum Reading Room at http://www.nrc.gov/ OMB Circular No. A–127, ‘‘Financial Management Systems,’’ replaces and rescinds Circular A–127 reading-rm/adams.html. From this site, dated July 23, 1993, prescribes policies Transmittal Memorandum No. 2, dated you can access the NRC’s Agencywide and standards for executive departments June 10, 1999, which revised Circular Document Access and Management and agencies to follow in developing, A–127, ‘‘Financial Management System (ADAMS), which provides text operating, evaluating, and reporting on Systems’’ dated July 23, 1993. and image files of NRC’s public financial management systems. This Transmittal Memorandum No. 2 revised documents. The ADAMS accession Circular was modified on August 9, Sections 8d and 9b of A–127 and added numbers for the documents related to 1999 to establish a process for certifying new Sections 9a(3) and 9c. This this Notice are: the Environmental off-the-shelf financial management Transmittal Memorandum revises Assessment (ML043410104); software for agency use. OMB is issuing Sections 7g, 7i, 8d, 9b, and 9c. It deletes Decommissioning Report for AppTec this interim final revision to Circular A– Section 9a(3) and adds new Sections 8g Laboratory Services, Inc. 127 to incorporate a realignment of and 9d. (ML042320058); and Letter from New responsibilities for issuing financial The changes to Circular A–127 are as Jersey Department of Environmental system requirements and certifying follows: Protection (ML043290287). Please note software. These changes revise Sections • Section 7g: ‘‘Joint Financial that on October 25, 2004, the NRC 7g, 7i, 8d, 9b, and 9c, delete Section Management Improvement Program terminated public access to ADAMS and 9a(3); and add new Sections 8g and 9d. (JFMIP)’’ is replaced by ‘‘Office of initiated an additional security review DATES: The interim final revision is Federal Financial Management (OFFM).’’ of publicly available documents to effective December 7, 2004. Comments • ensure that potentially sensitive on the interim final revision must be Section 7i: ‘‘JFMIP’’ is replaced by information is removed from the received on or before January 3, 2005. ‘‘OFFM.’’ • Section 8d is deleted in its entirety ADAMS database accessible through the ADDRESSES: Comments on this interim and replaced with the following: NRC’s web site. Interested members of final revision should be in writing and 8d(1) Use of ‘‘Off-the-Shelf’’ Software. the public may obtain copies of the addressed to Wayne Leiss, Chief, Agencies replacing software to meet referenced documents for review and/or Federal Financial Systems Branch, core financial system requirements must copying by contacting the Public Office of Federal Financial use ‘‘off-the-shelf’’ software that has Document Room pending resumption of Management, Office of Management and been tested and certified through the public access to ADAMS. The NRC Budget, 725 17th Street, NW., Room Chief Financial Officers Council (CFOC) Public Documents Room is located at 6025, Washington, DC 20503. You are software certification process as meeting NRC Headquarters in Rockville, MD, encouraged to submit your comments by OFFM core financial system and can be contacted at (800) 397–4209, facsimile to 202–395–3952, or by e-mail requirements. Agencies may purchase (301) 415–4737 or by e-mail to: to [email protected]. this software or contract for a service [email protected]. FOR FURTHER INFORMATION CONTACT: that operates this software using the Wayne Leiss using the address These documents may be viewed strategy and procurement vehicle they information above. You may also call believe will best enable them to meet electronically at the NRC Public (202) 395–3993. Document Room (PDR), 0 1 F21, One their needs in a timely and effective SUPPLEMENTARY INFORMATION: OMB is White Flint North, 11555 Rockville manner following the competition revising Circular A–127, ‘‘Financial Pike, Rockville, MD 20852. The PDR requirements associated with the Management Systems,’’ to improve procurement vehicle being used to reproduction contractor will copy coordination among the operators of conduct the acquisition. documents for a fee. The PDR is open agency financial management systems, OMB policy pertaining to using ‘‘off- from 7:45 a.m. to 4:15 p.m., Monday vendors of financial management the-shelf’’ software is contained in OMB through Friday, except on Federal software, E-Gov shared services, and the Circular A–130 and must be followed holidays. Department of Treasury. The revisions when replacing financial management Dated at King of Prussia, Pennsylvania this incorporate the transfer of systems. 6th day of December, 2004. responsibilities from the Joint Financial 8d(2) Software Certification Testing. Management Improvement Program to ‘‘Off-the-shelf’’ software will be tested to

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ensure that it meets core financial transferred to OFFM and remains in Description of Affected Public: U.S. system requirements as defined in the effect until modified. OFFM will issue companies or citizens investing Core Financial System Requirements guidance memoranda as needed to overseas. document published by OFFM. The clarify any transition issues. OFFM will Reporting Hours: 4.0 hours per CFOC will coordinate the testing issue guidance memoranda as needed to project. process and issue software implement the requirements of this Number of Responses: 300 per year. certifications. Information on the details Circular. Federal Cost: $21,600 per year. of the certification testing process and [FR Doc. 04–27271 Filed 12–10–04; 8:45 am] Authority for Information Collection: its results will be available to any BILLING CODE 3110–01–P Sections 231 and 234(b) and (c) of the interested Federal agency for any Foreign Assistance Act of 1961, as certified software package. amended. • Abstract (Needs and Uses): The OPIC A new Section 8g is added and OVERSEAS PRIVATE INVESTMENT 115 form is the principal document reads as follows: CORPORATION 8g. Interface Requirements used by OPIC to determine the Management. Agencies operating or Submission for OMB Review; investor’s and the project’s eligibility for establishing contracts for financial Comments Request debt financing, assess the environmental reporting, transaction processing, or impact and developmental effects of the other services that are or will be AGENCY: Overseas Private Investment project, measures the economic effects interfaced to multiple agencies’ Corporation (OPIC). for the United States and the host financial systems must coordinate with ACTION: Request for comments. country economy, and collect OFFM the deployment of these services information for underwriting analysis. SUMMARY: Under the provisions of the and changes to them. OFFM will Dated: December 8, 2004. establish interface requirements for Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to Eli Landy, these services and incorporate them into Senior Counsel, Administrative Affairs, the Core Financial System Requirements publish a Notice in the Federal Register notifying the public that the Agency has Department of Legal Affairs. or other requirement documents, as [FR Doc. 04–27273 Filed 12–10–04; 8:45 am] appropriate. OFFM will consider prepared an information collection BILLING CODE 3210–01–M efficiency and cost-effectiveness when request for OMB review and approval establishing deployment dates for new and has requested public review and interface requirements. comment on the submission. Comments • Section 9a(3) is deleted, section are being solicited on the need for the SECURITIES AND EXCHANGE 9a(4) is renumbered accordingly. information; the accuracy of the COMMISSION • Section 9b is revised to read as Agency’s burden estimate; the quality, Submission for OMB Review; follows: practical utility and clarity of the Comment Request 9b. GSA Responsibilities. GSA will information to be collected; and on make procurement vehicles available to ways to minimize the reporting burden, Upon Written Request, Copies Available agencies for acquiring software that has including automated collection From: Securities and Exchange been certified according to the processes techniques and uses of other forms of Commission, Office of Filings and in Section 8d(2). technology. The proposed form under Information Services, Washington, DC • Section 9c is revised to read as review, OMB control number 3420– 20549. follows: 0015 is summarized below. 9c. CFOC Responsibilities. The CFOC Extension: DATES: Comments must be received Rule 54; SEC File No. 270–376; OMB will establish processes for testing ‘‘off- within 60-calendar days of publication Control No. 3235–0427. the-shelf’’ software supporting core of this Notice. financial system requirements that Notice is hereby given that, pursuant ADDRESSES: Copies of the subject form to the Paperwork Reduction Act of 1995 include: and the request for review prepared for Æ Developing and administering the (44 U.S.C. 3501 et seq.), the Securities submission to OMB may be obtained and Exchange Commission certification test, from the Agency Submitting Officer. Æ Notifying GSA when a software (‘‘Commission’’) has submitted to the Comments on the form should be package successfully completes the Office of Management and Budget submitted to the Agency Submitting certification test, requests for extension of the previously Æ Providing interested parties with Officer. approved collections of information information on the core financial system FOR FURTHER INFORMATION CONTACT: discussed below. requirements and their related testing OPIC Agency Submitting Officer: Bruce Sections 32 and 33 of the Public scenarios, and I. Campbell, Records Management Utility Holding Company Act of 1935, Æ Providing interested parties with Officer, Overseas Private Investment as amended (‘‘Act’’), and rules 53 and details on the results of the certification Corporation, 1100 New York Avenue, 54 under the Act, permit, among other tests for certified software packages. NW., Washington, DC 20527; 202/336– things, utility holding companies Æ A new Section 9d is added and 8563. registered under the Act to make direct reads as follows: or indirect investments in exempt 9d. Transition. All software Summary of Form Under Review wholesale generators (‘‘EWGs’’) and certifications previously issued by the Type of Request: Revised Form. foreign utility companies (‘‘FUCOs’’), as Joint Financial Management Title: Application for Financing. defined in sections 32 and 33 of the Act, Improvement Program (JFMIP) shall be Form Number: OPIC–115. respectively, without the prior approval deemed to have been issued by the Frequency of Use: One per investor, of the Commission, if certain conditions CFOC. per project. are met. Rule 54 does not create a All financial management system Type of Respondents: Business or reporting burden for respondents. requirements documents and other other institutions (except farms); It is estimated that there will be no guidance issued by the JFMIP are individuals. burden hours associated with rule 54.

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These estimates of average burden Inc. (‘‘NYSE’’). The Board states that it an order granting the application after hours are made solely for the purposes determined to withdraw its Security the date mentioned above, unless the of the Paperwork Reduction Act and are from the Amex and list the Security on Commission determines to order a not derived from a comprehensive or the NYSE for the following reasons: (i) hearing on the matter. even a representative survey or study of In effort to reduce costs associated with For the Commission, by the Division of the costs of SEC rules and forms. listing its Security on the Amex; and (ii) Market Regulation, pursuant to delegated An agency may not conduct or it is in the best interest of the Issuer. The authority.4 sponsor, and a person is not required to Issuer states that it expected the Jonathan G. Katz, respond to, a collection of information Security to begin trading on the NYSE Secretary. unless it displays a currently valid on November 16, 2004. [FR Doc. E4–3607 Filed 12–10–04; 8:45 am] The Issuer stated in its application control number. BILLING CODE 8010–01–P General comments regarding the that it has met the requirements of above information should be directed to Amex Rule 18 by complying with all the following persons: (i) Desk Officer applicable laws in Bermuda, in which it SECURITIES AND EXCHANGE for the Securities and Exchange is organized, and with the Amex’s rules COMMISSION Commission, Office of Information and governing an issuer’s voluntary Regulatory Affairs, Office of withdrawal of a security from listing [File No. 1–14863] Management and Budget, Room 10102, and registration. Issuer Delisting; Notice of Application The Issuer’s application relates solely New Executive Office Building, of Nasdaq-100 Trust, Series I To to the withdrawal of the Security from Washington, DC 20503, or email to: Withdraw Its Units of Beneficial _ listing on the Amex, and shall not affect David [email protected]; and (ii) R. Interest in the Nasdaq-100 Trust, Corey Booth, Director/Chief Information its continued listing on the NYSE or its Series I, From the American Stock Officer, Office of Information obligation to be registered under Section Exchange LLC Technology, Securities and Exchange 12(b) of the Act.3 Commission, 450 5th Street, NW., Any interested person may, on or December 7, 2004. Washington, DC 20549. Comments must before December 28, 2004, comment on On December 1, 2004, Nasdaq-100 be submitted to OMB within 30 days of the facts bearing upon whether the Trust, Series I, a New York Trust this notice. application has been made in (‘‘Issuer’’), filed an application with the accordance with the rules of the Amex, Dated: December 6, 2004. Securities and Exchange Commission and what terms, if any, should be (‘‘Commission’’), pursuant to Section Jill M. Peterson, imposed by the Commission for the 12(d) of the Securities Exchange Act of Assistant Secretary. protection of investors. All comment 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) [FR Doc. E4–3603 Filed 12–10–04; 8:45 am] letters may be submitted by either of the thereunder,2 to withdraw its units of BILLING CODE 8010–01–P following methods: beneficial interest in the Nasdaq-100 Electronic Comments Trust, Series 1 (‘‘Security’’), from listing and registration on the American Stock • SECURITIES AND EXCHANGE Send an e-mail to rule- Exchange LLC (‘‘Amex’’). COMMISSION [email protected]. Please include the The Board of Directors (‘‘Board’’) of [File No. 1–13944] File Number 1–13944 or; Nasdaq Financial Products Services, Paper Comments Inc. (a ‘‘sponsor’’) of the Issuer, Issuer Delisting; Notice of Application approved a resolution on August 31, • of Nordic American Tanker Shipping Send paper comments in triplicate 2004 to withdraw the Issuer’s Security Limited To Withdraw Its Common to Jonathan G. Katz, Secretary, from listing on the Amex and to list the Stock, $.01 Par Value, From Listing Securities and Exchange Commission, Security on the Nasdaq National Market and Registration on the American 450 Fifth Street, NW., Washington, DC (‘‘Nasdaq’’). The Board determined that Stock Exchange LLC 20549–0609. the reasons for withdrawing its Security All submissions should refer to File from the Amex and listing on the December 7, 2004. Number 1–13944. This file number Nasdaq are: (i) It is in the best interest On November 12, 2004, Nordic should be included on the subject line of the Issuer and its shareholders; and American Tanker Shipping Limited, a if e-mail is used. To help us process and (ii) the Issuer is no longer contractually Bermuda organization (‘‘Issuer’’), filed review your comments more efficiently, obligated to remain listed on the Amex. an application with the Securities and please use only one method. The Trading in the Security on the Nasdaq Exchange Commission (‘‘Commission’’), Commission will post all comments on commenced on December 1, 2004. pursuant to Section 12(d) of the the Commission’s Internet Web site The Issuer stated in its application Securities Exchange Act of 1934 (http://www.sec.gov/rules/delist.shtml). that it has met the requirements of (‘‘Act’’) 1 and Rule 12d2–2(d) Comments are also available for public Amex Rule l8 by complying with all thereunder,2 to withdraw its common inspection and copying in the applicable laws in the State of New stock, $.01 par value (‘‘Security’’), from Commission’s Public Reference Room, York, in which it is incorporated, and listing and registration on the American 450 Fifth Street, NW., Washington, DC with the Amex’s rules governing an Stock Exchange LLC (‘‘Amex’’). 20549. All comments received will be issuer’s voluntary withdrawal of a The Board of Directors (‘‘Board’’) of posted without change; we do not edit security from listing and registration. the Issuer unanimously approved a personal identifying information from The Issuer’s application relates solely resolution on November 5, 2004 to submissions. You should submit only to the withdrawal of the Security from withdraw the Issuer’s Security from information that you wish to make listing on the Amex and from listing on the Amex and to list the available publicly. registration under Section 12(b) of the Security on New York Stock Exchange, The Commission, based on the information submitted to it, will issue 4 17 CFR 200.30–3(a)(1). 1 15 U.S.C. 78l(d). 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). 3 3 15 U.S.C. 781(b). 2 17 CFR 240.12d2–2(d).

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Act,3 and shall not affect its obligation SECURITIES AND EXCHANGE Any interested person may, on or to be registered under Section 12(g) of COMMISSION before December 28, 2004, comment on 4 the Act. [File No. 1–14763] the facts bearing upon whether the Any interested person may, on or application has been made in before December 28, 2004, comment on Issuer Delisting; Notice of Application accordance with the rules of the Amex, the facts bearing upon whether the of Schuff International, Inc. To and what terms, if any, should be application has been made in Withdraw Its Common Stock, $.001 par imposed by the Commission for the accordance with the rules of the Amex, Value, From Listing and Registration protection of investors. All comment and what terms, if any, should be on the American Stock Exchange LLC letters may be submitted by either of the following methods: imposed by the Commission for the December 7, 2004. protection of investors. All comment On November 18, 2004, Schuff Electronic Comments letters may be submitted by either of the International, Inc., a Delaware following methods: corporation (‘‘Issuer’’) filed an • Send an e-mail to rule- application with the Securities and [email protected]. Please include the Electronic Comments Exchange Commission (‘‘Commission’’), File Number 1–14763 or; • pursuant to Section 12(d) of the Send an e-mail to rule- Paper Comments [email protected]. Please include the Securities Exchange Act of 1934 1 File Number 1–14863 or; (‘‘Act’’) and Rule 12d2–2(d) • Send paper comments in triplicate thereunder,2 to withdraw its common to Jonathan G. Katz, Secretary, Paper Comments stock, $.001 par value (‘‘Security’’), from Securities and Exchange Commission, listing and registration on the American • Send paper comments in triplicate 450 Fifth Street, NW., Washington, DC Stock Exchange LLC (‘‘Amex’’). 20549–0609. to Jonathan G. Katz, Secretary, The independent members of the Securities and Exchange Commission, Board of Directors (‘‘Board’’) of the All submissions should refer to File 450 Fifth Street, NW., Washington, DC Issuer unanimously approved a Number 1–14763. This file number 20549–0609. resolution on November 11, 2004 to should be included on the subject line All submissions should refer to File withdraw the Issuer’s Security from if e-mail is used. To help us process and Number 1–14863. This file number listing on the Amex. The Board states review your comments more efficiently, should be included on the subject line that it made its determination to please use only one method. The if e-mail is used. To help us process and withdraw the Security based on the Commission will post all comments on review your comments more efficiently, following reasons: (i) To substantially the Commission’s Internet Web site please use only one method. The reduce or eliminate the significant legal, (http://www.sec.gov/rules/delist.shtml). audit, and printing costs associated with Commission will post all comments on Comments are also available for public filing periodic reports with the the Commission’s Internet Web site inspection and copying in the Commission, including, in particular, (http://www.sec.gov/rules/delist.shtml). Commission’s Public Reference Room, the anticipated increase in costs due to Comments are also available for public 450 Fifth Street, NW., Washington, DC compliance with the Sarbanes-Oxley 20549. All comments received will be inspection and copying in the Act of 2002; (ii) based on information Commission’s Public Reference Room, posted without change; we do not edit received from the Issuer’s transfer agent, personal identifying information from 450 Fifth Street, NW., Washington, DC there are approximately 126 submissions. You should submit only 20549. All comments received will be shareholders of record, which is information that you wish to make posted without change; we do not edit substantially below the 300 available publicly. personal identifying information from Shareholders of record threshold; and submissions. You should submit only (iii) anticipated reduction in The Commission, based on the information that you wish to make administrative costs and other savings information submitted to it, will issue available publicly. associated with deregistration are in the an order granting the application after The Commission, based on the best interest of the Issuer. The Issuer the date mentioned above, unless the information submitted to it, will issue states that it intends to quote its Commission determines to order a an order granting the application after Security on the Pink Sheets. hearing on the matter. The Issuer stated in its application the date mentioned above, unless the For the Commission, by the Division of that it has complied with all the Commission determines to order a Market Regulation, pursuant to delegated applicable laws in effect in Delaware, in hearing on the matter. authority.5 which it is incorporated, and with the For the Commission, by the Division Amex’s rules governing an issuer’s Jonathan G. Katz, of Market Regulation, pursuant to voluntary withdrawal of a security from Secretary. delegated authority.5 listing and registration. [FR Doc. E4–3605 Filed 12–10–04; 8:45 am] The Issuer’s application relates solely BILLING CODE 8010–01–P Jonathan G. Katz, to the withdrawal of the Security from Secretary. listing on the Amex and from [FR Doc. E4–3606 Filed 12–10–04; 8:45 am] registration under Section 12(b) of the BILLING CODE 8010–01–P Act,3 and shall not affect its obligation to be registered under Section 12(g) of the Act.4

1 15 U.S.C. 78l(d). 3 15 U.S.C. 78l(b). 2 17 CFR 240.12d2–2(d). 4 15 U.S.C. 78l(g). 3 15 U.S.C. 78l(b). 5 17 CFR 200.30–3(a)(1). 4 15 U.S.C. 781(g). 5 17 CFR 200.30–3(a)(1).

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SECURITIES AND EXCHANGE securities are generally registered under As set forth in detail below, the Fund COMMISSION the Investment Company Act of 1940, as will hold certain securities and other amended (‘‘Investment Company Act’’), instruments selected to correspond [Release No. 34–50800; File No. SR–Amex– 2004–85] as well as the Act. Index Fund Shares generally to the performance of the are defined in Amex Rule 1000A as FTSE/Xinhua China 25 Index Self-Regulatory Organizations; Notice securities based on a portfolio of stocks (‘‘Underlying Index’’). The Fund was of Filing and Order Granting or fixed income securities that seeks to created to qualify as a ‘‘regulated Accelerated Approval of Proposed provide investment results that investment company’’ (‘‘RIC’’) under the Rule Change by the American Stock correspond generally to the price and Internal Revenue Code (‘‘Code’’).7 Exchange LLC to Trade the iShares yield of a specified foreign or domestic Barclays Global Fund Advisors FTSE/Xinhua China 25 Index Fund stock index or fixed income securities (‘‘Advisor’’ or ‘‘BGFA’’) is the index. The Exchange proposes to trade investment advisor to the Fund. The December 6, 2004. under Amex Rules 1000A et seq., Advisor is registered under the Pursuant to Section 19(b)(1) of the pursuant to UTP, shares of the iShares Investment Advisers Act of 1940. The Securities Exchange Act of 1934 FTSE/Xinhua China 25 Index Fund Advisor is the wholly owned subsidiary (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (‘‘Fund’’),3 a series of the iShares Trust of Barclays Global Investors, N.A. notice is hereby given that on October (‘‘Trust’’).4 (‘‘BGI’’), a national banking association. 20, 2004 the American Stock Exchange The Fund is listed and traded on the BGI is an indirect subsidiary of Barclays LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with New York Stock Exchange, Inc. Bank PLC of the United Kingdom. SEI the Securities and Exchange (‘‘NYSE’’)5 and traded in the over-the- Investments Distribution Co. Commission (‘‘Commission’’) the counter market. The information below (‘‘Distributor’’), a Pennsylvania proposed rule change as described in is intended to provide a description of corporation and broker-dealer registered Items I and II below, which Items have how the Fund was created, operates and under the Act, is the principal been prepared by the Exchange. The is traded.6 underwriter and distributor of Creation Commission is publishing this notice to Unit Aggregations of iShares.8 The solicit comments on the proposed rule 3 iShares is a registered trademark of Barclays Distributor is not affiliated with the change from interested persons and is Global Investors, N.A. Exchange or the Advisor. The Trust has approving the proposal on an 4 The Trust is registered under the Investment Company Act. On January 22, 2003, the Trust filed appointed Investors Bank & Trust Co. to accelerated basis. with the Commission a Registration Statement for act as administrator (‘‘Administrator’’), I. Self-Regulatory Organization’s the Fund on Form N–1A under the Securities Act custodian, fund accountant, transfer of 1933, as amended, and under the Investment agent, and dividend disbursing agent for Statement of the Terms of Substance of Company Act (File Nos. 333–92935 and 811–09729) the Proposed Rule Change (as amended, the ‘‘Registration Statement’’). On July the Fund. The performance of the 28, 2004, the Trust filed a Form N–1A to update Administrator’s duties and obligations The Amex proposes to trade, pursuant certain Fund information. will be conducted within the provisions to unlisted trading privileges (‘‘UTP’’), On September 8, 2004, the Trust filed with the  of the Investment Company Act and the shares of the iShares FTSE/Xinhua Commission a Second Amended and Restated rules thereunder. There is no affiliation China 25 Index Fund, which are Index Application to Amend Orders under Sections 6(c) and 17(b) of the Investment Company Act for the between the Administrator and the Fund Shares under Amex Rule 1000A. purpose of exempting the Fund from various Trust, the Advisor, or the Distributor. II. Self-Regulatory Organization’s provisions of the Investment Company Act and the FTSE/Xinhua Index Ltd. (‘‘FXI’’),9 the rules thereunder (the ‘‘Application’’). See Barclays sponsor and compiler of the FTSE/ Statement of the Purpose of, and Global Fund Advisors, et al.; Notice of Application, Statutory Basis for, the Proposed Rule Investment Company Act Release No. 26597 Xinhua China 25 Index, is not affiliated Change (September 14, 2004), 69 FR 56105 (September 17, with the Trust, the Administrator, the 2004) (File No. 812–12936). The Application Distributor, or with the Advisor or its In its filing with the Commission, the requested that the Commission amend a prior order affiliates.10 The Fund is not sponsored, Amex included statements concerning received by the Advisor, the Trust and the the purpose of, and basis for, the Distributor on August 15, 2001, as amended (the ‘‘Prior Order’’) to permit the Trust to offer three new 7 See also infra note 12. proposed rule change and discussed any International ETFs, including the Fund, and to 8 See infra note 25 and accompanying text. comments it received on the proposed permit the Fund, along with certain other 9 FXI is a Hong Kong incorporated, joint venture rule change. The text of these statements International ETFs, to invest in certain depositary company between FTSE, the global index company, may be examined at the places specified receipts, as described below. See also In the Matter and Xinhua Financial Network. of iShares Trust, et al., Investment Company Act in Item III below. The Amex has 10 Although FXI is not an affiliated person, or an Release No. 25111 (August 15, 2001) (File No. 812– affiliated person of an affiliated person of the prepared summaries, set forth in 12254); In the Matter of iShares, Inc., et al., Advisor, an employee of Barclays Global Investors, Sections A, B, and C below, of the most Investment Company Act Release No. 25623 (June North Asia Limited (‘‘BGIL’’), an affiliate of the significant aspects of such statements. 25, 2002); In the Matter of iShares Trust, et al., Advisor, currently serves as one of the 18 members Investment Company Act Release No. 26006 (April of the FTSE/Xinhua Index Committee. Telephone A. Self-Regulatory Organization’s 15, 2003) (relating to Prior Order). conversation between Marija Willen, Associate Statement of the Purpose of, and On October 5, 2004, the Commission approved General Counsel, Amex, and Natasha Cowen, the Application. See Barclays Global Fund Statutory Basis for, the Proposed Rule Attorney, Division, Commission, on November 26, Advisors, et al., Investment Company Act Release 2004. The FTSE/Xinhua Index Committee provides Change No. 26626 (October 5, 2004) (‘‘Amended Order’’). practitioner input into the construction of the 5 See Securities Exchange Act Release No. 50505 FTSE/Xinhua indices and independent oversight to 1. Purpose (October 8, 2004), 69 FR 61280 (October 15, 2004) ensure that relevant index construction rules are Amex Rules 1000A et seq. provide (SR–NYSE–2004–55). being followed. The role of the Index Committee is standards for listing and trading Index 6 Much of the information in this filing was taken to review the appropriateness of existing from the iShares Trust Prospectus dated October 4, Underlying Index rules, to provide oversight to Fund Shares, which are securities 2004 (‘‘Prospectus’’), and Statement of Additional ensure that Underlying Index rules are properly issued by an open-end management Information dated August 1, 2004 (as revised followed and to recommend changes to the rules in investment company (open-end mutual October 5, 2004) (‘‘SAI’’), as well as from the Web response to changes in the underlying market that fund) for exchange trading. These sites of the NYSE (http://www.nyse.com) and the Underlying Index seeks to represent. Input from iShares (http://www.iShares.com). Fund persons or experts (i.e., practitioners) who have information relating to NAV, returns, dividends, applicable industry knowledge of the underlying 1 15 U.S.C. 78s(b)(1). component stock holdings and the like is updated market the Underlying Index seeks to represent 2 17 CFR 240.19b–4. on a daily basis on these Web sites. helps ensure that the published Underlying Index

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offered, or sold by FXI. FXI is not accordance with changes in the 100% is called ‘‘tracking error.’’ The affiliated with a broker or dealer. composition of the Underlying Index or Fund’s investment objectives, policies, (a) Operation of the Fund 11 to maintain compliance with and investment strategies are fully The investment objective of the Fund requirements applicable to a RIC under disclosed in the Prospectus and SAI. is to provide investment results that the Code.12 For example, if at the end The Fund will not concentrate its correspond generally to the price and of a calendar quarter a Fund would not investments (i.e., hold 25% or more of yield performance of the Underlying comply with the RIC diversification its assets) in a particular industry or Index. In seeking to achieve its tests, the Advisor would make group of industries, except that the investment objective, the Fund utilizes adjustments to the portfolio to ensure Fund will concentrate its investments to ‘‘passive’’ indexing investment continued RIC status. approximately the same extent that the strategies. The Fund may fully replicate The Underlying Index is a theoretical Underlying Index is so concentrated. the Underlying Index, but currently financial calculation while the Fund is For purposes of this limitation, intends to use a ‘‘representative an actual investment portfolio. The securities of the U.S. Government sampling’’ strategy to track its performance of the Fund and the (including its agencies and Underlying Index. A Fund utilizing a Underlying Index will vary somewhat instrumentalities), repurchase representative sampling strategy due to transaction costs, market impact, agreements collateralized by U.S. generally will hold a basket of the corporate actions (such as mergers and Government securities, and securities of component securities of its Underlying spin-offs) and timing variances. It is State or municipal governments and Index (‘‘Component Securities’’), but it expected that, over time, the correlation their political subdivisions, are not may not hold all of the Component between the Fund’s performance and considered to be issued by members of Securities. The Application states that that of the Underlying Index, before fees any industry. the representative sampling techniques and expenses, will be 95% or better. A The Fund will at all times invest at to be used by the Advisor to manage the figure of 100% would indicate perfect least 80% of its assets in Component Fund do not differ from the correlation. Any correlation of less than Securities and in depositary receipts representative sampling techniques it representing Component Securities uses to manage the funds that were the 12 In order for the Fund to qualify for tax (‘‘Depositary Receipts’’)13 and at least treatment as a RIC, it must meet several subject of the Prior Order. half of the remaining 20% of its assets From time to time, adjustments may requirements under the Code. Among these is a requirement that, at the close of each quarter of the in Component Securities, Depositary be made in the portfolio of the Fund in Fund’s taxable year, (1) at least 50% of the market Receipts, or stocks included in the value of the Fund’s total assets must be represented Chinese market, but not included in the rules and the implementation of such rules by cash items, U.S. government securities, adequately reflect current developments in the securities of other RICs and other securities, with Underlying Index. To the extent the underlying market. Any such input would be such other securities limited for the purpose of this Fund invests in ADRs, they will be provided in accordance with the published calculation with respect to any one issuer to an listed on a national securities exchange Underlying Index rules and methodology. The amount not greater than 5% of the value of the or Nasdaq. Other Depositary Receipts index compilation functions of FXI and the FTSE/ Fund’s assets and not greater than 10% of the Xinhua Index Committee are, and will remain, outstanding voting securities of such issuer; and (2) will be listed on a foreign exchange. The completely separate and independent of the not more than 25% of the value of its total assets Fund will not invest in any unlisted portfolio management functions of BGFA. FXI and may be invested in securities of any one issuer, or Depositary Receipts or any listed two or more issuers that are controlled by the Fund the FTSE/Xinhua Index Committee have adopted Depositary Receipts that the Advisor policies that prohibit the dissemination and use of (within the meaning of Section 851(b)(4)(B) of the confidential and proprietary information about the Code) and that are engaged in the same or similar deems to be illiquid or for which pricing Underlying Index and have instituted procedures trades or business (other than U.S. government information is not readily available.14 designed to prevent the improper dissemination securities of other RICs). The Fund may also invest up to 10% of and use of such information. The BGIL employee ‘‘Other securities’’ of an issuer are considered its assets in certain futures, options, and on the FTSE/Xinhua Index Committee is not and qualifying assets only if they meet the following will not be involved in the operations of the conditions: swap contracts and cash and cash Advisor or the Fund, and is and will not be The entire amount of the securities of the issuer equivalents, including money market involved in any capacity with the Fund’s Board of owned by the company is not greater in value than funds advised by the Advisor 15 and Trustees. BGI and BGIL have adopted policies that 5% of the value of the total assets of the company; and the entire amount of the securities of such other exchange traded funds (including limit the use of confidential and proprietary 16 information about portfolio management decisions issuer owned by the company does not represent other iShares funds). For example, the to those persons whose duties require and permit more than 10% of the outstanding voting securities Fund may invest in securities not them to have access to such information and have of such issuer. included in the Underlying Index to instituted procedures designed to prevent the Under the second diversification requirement, the reflect prospective changes in the improper dissemination and use of such ‘‘25% diversification limitation,’’ a company may information. BGIL and BGFA are separate legal not invest more than 25% of the value of its assets entities and do not share employees, office space, in any one issuer or two issuers or more that the 13 For the purposes of this order, ‘‘Depositary trading floors or portfolio management systems. taxpayer controls. Receipts’’ are ADRs and GDRs. 11 The information provided herein is based on Compliance with the above referenced RIC asset 14 In addition, the Exchange understands that all information included in the Application and the diversification requirements are monitored by the Depositary Receipts must be sponsored (with the Prior Order. While the Advisor manages the Fund, Adviser and any necessary adjustments to portfolio exception of certain pre-1984 ADRs that are listed the Fund’s Board of Directors has overall issuer weights will be made on a quarterly basis or but unsponsored because they were grandfathered). responsibility for the Fund’s operations. The as necessary to ensure compliance with RIC Telephone conversation between Marija Willen, composition of the Board is, and would be, in requirements. When an iShares fund’s underlying Associate General Counsel, Amex, and Ira compliance with the requirements of Section 10 of index itself is not RIC compliant, the Adviser Brandriss, Assistant Director, Lisa Jones, Special the Investment Company Act. The Fund is subject generally employs a representative sampling Counsel, and Natasha Cowen, Attorney, Division of to and must comply with Section 303A.06 of the indexing strategy (as described in the Prospectus) Market Regulation (‘‘Division’’), Commission, on NYSE Listed Company Manual, which requires that in order to achieve the fund’s investment objective. November 10, 2004. the Fund have an audit committee that complies The Prospectus also gives the Fund additional 15 See In the Matter of Master Investment with Rule 10A–3 of the Act. 17 CFR 240.10A–3. flexibility to comply with the requirements of the Portfolio, et al., Investment Company Act Release Section 803(a) of the Amex Company guide imposes Code and other regulatory requirements and to No. 25158 (September 18, 2001). the same requirement on Index Fund Shares listed manage future corporate actions and index changes 16 The Fund, as well as any existing iShares fund, and traded on the Amex pursuant to Amex Rule in smaller markets by investing a percentage of is permitted to invest in shares of another iShares 1000A et seq. Telephone conversation between Fund assets in securities that are not included in fund to the extent that such investment is Marija Willen, Associate General Counsel, Amex, the Underlying Index or in American Depositary consistent with the Fund’s investment objective, and Natasha Cowen, Attorney, Division, Receipts (‘‘ADRs’’) and Global Depositary Receipts registration statement, and any applicable Commission, on November 26, 2004. (‘‘GDRs’’) representing such securities. investment restrictions.

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Underlying Index (such as future Component Securities are weighted Eligibility. Each Component Security corporate actions and index based on the free-float adjusted total will be a current constituent of the FTSE reconstitutions, additions, and market value of their shares, so that All-World Index. All classes of equity deletions). securities with higher total market securities in issue are eligible for The Fund intends to hold all of the values generally have a higher inclusion in the Underlying Index securities in the Underlying Index that representation in the Underlying Index. subject to conforming with free-float are listed on the Hong Kong Stock Component Securities are screened for and liquidity restrictions. H shares, Red Exchange. The Fund does not intend to liquidity and weightings are capped to Chip shares and B shares are eligible for hold any B-shares which are listed on avoid over-concentration in any one inclusion in the Underlying Index.23 As Chinese markets and included in the stock. The inception date of the of September 24, 2004, only one Underlying Index.17 The Exchange Underlying Index was March 2001. Component Security was B shares understands that the Fund does not As of October 29, 2004, the (approximately 1% of the Underlying currently intend to invest in Depositary Underlying Index’s top three holdings Index). FXI expects to eventually Receipts but reserves the flexibility to were BOC Hong Kong (Holdings), eliminate B shares from the Underlying 18 do so. As with the existing iShares PetroChina, and China Mobile and the Index. funds, BGFA represents that the Underlying Index’s top three industries Float-Adjusted Market Capitalization. expected tracking error of the Fund were oil and gas, telecommunications When calculating a company’s index relative to the performance of its services, and banks.19 weights, individual constituents’ shares Underlying Index will be no more than As of October 29, 2004,20 the FTSE/ held by governments, corporations, 5%. Xinhua China 25 Index components had strategic partners, or other control The Exchange believes that these a total market capitalization of groups are excluded from the company’s requirements and policies prevent the approximately $302 billion and a float- shares outstanding. Shares owned by Fund from being excessively weighted other companies are also excluded in any single security or small group of adjusted market capitalization of approximately $47 billion.21 The regardless of whether such companies securities and significantly reduce are Underlying Index constituents. concerns that trading in the Fund could average total market capitalization was approximately $12.1 billion and the Where a foreign investment limit become a surrogate for trading in exists at the sector or company level, the unregistered securities. average float-adjusted market capitalization was approximately $1.9 constituent’s weight will reflect either (b) Description of the Fund and the billion. The ten largest constituents the foreign investment limit or the Underlying Index (FTSE/Xinhua China represented approximately 59.8% of the percentage float, whichever is the more 24 25 Index) Underlying Index weight. The five restrictive. Stocks are screened to ensure there is FXI is a Hong Kong incorporated, highest weighted stocks, which sufficient liquidity to be traded. Factors joint venture company between FTSE, represented 39.7% of the Underlying in determining liquidity include the the global index company, and Xinhua Index weight, had an average daily availability of current and reliable price Financial Network (‘‘XFN’’). The trading volume in excess of 31.4 million information and the level of trading company was created to facilitate the shares during the past two months. All volume relative to shares outstanding. development of real-time indices for the of the Component Securities traded at Value traded and float turnover are also Chinese market that can be used as least 250,000 shares in each of the performance benchmarks and as a basis previous six months. 23 ‘‘H’’ Shares—H shares are shares of companies for derivative trading and index tracking Index Methodology incorporated in China and listed and traded on the funds. FTSE is an independent Hong Kong Stock Exchange. They are quoted and company whose sole business is the Component Selection Criteria. The traded in Hong Kong and U.S. dollars. Like other creation and management of indices and FTSE/Xinhua China 25 Index is rule- securities trading on the Hong Kong Stock Exchange, there are no restrictions on who can associated data services. FTSE based and is monitored by a governing trade H shares. originated as a joint venture between the committee. The FTSE/Xinhua China 25 ‘‘Red Chip’’ Shares—Red Chip shares are shares Financial Times and the London Stock Index Committee (‘‘Index Committee’’) of companies incorporated in Hong Kong and trade Exchange. FTSE calculates over 60,000 is responsible for conducting the on the Hong Kong Stock Exchange. They are quoted quarterly review of constituents of the in Hong Kong dollars. Red Chip companies may be indices daily, including more than 600 substantially owned directly or indirectly by the real-time indices. XFN is an Underlying Index and for making Chinese Government and have the majority of their independent financial information changes to the Underlying Index in business interests in mainland China. provider that focuses on China’s accordance with the Underlying Index H shares and Red Chip shares trade on the Hong markets. XFN is based in Hong Kong procedures.22 Kong Stock Exchange, typically on a T + 2 basis, through a central book-entry system that effectively and Beijing. guarantees settlement of exchange trades by broker- 19 Information on Underlying Index constituents Index Description dealers. was attached to the proposed rule change as Exhibit ‘‘B’’ Shares—B shares are shares of companies The Underlying Index is designed to A, available at the places specified in Item III incorporated in China and trade on either the represent the performance of the largest below. Shanghai or Shenzhen stock exchanges. They are 20 The information below updates information quoted in U.S. dollars on the Shanghai Stock companies in the mainland China provided by Amex in the proposed rule change as Exchange and Hong Kong dollars on the Shenzhen equity market that are available to filed, pursuant to a telephone conversation between Stock Exchange. They can be traded by non- international investors. The Underlying Marija Willen, Associate General Counsel, Amex, residents of the People’s Republic of China and also Index includes 25 of the largest and and Natasha Cowen, Attorney, Division, residents of the People’s Republic of China with Commission, on November 16, 2004. appropriate foreign currency dealing accounts. most heavily traded Chinese companies. 21 Float-adjusted market capitalization includes There is no true ‘‘delivery versus payment’’ shares available in the market for public settlement for B shares. B shares settle in the local 17 See infra note 23. investment, and reflects free-float adjustments to markets and cash settles subsequently in foreign 18 Telephone conversation between Marija the Underlying Index in accordance with FTSE’s depositaries or local banks. Willen, Associate General Counsel, Amex, and Ira free float rules. Additional information regarding 24 The Exchange understands that there are no Brandriss, Assistant Director, Lisa Jones, Special FTSE’s free float adjustment methodology is foreign ownership limits with the current Counsel, and Natasha Cowen, Attorney, Division, available on http://www.ftse.com. constituents to the FTSE/Xinhua China 25 Index Commission, on November 10, 2004. 22 See also supra note 10. and that, as such, the percentage float will be used.

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analyzed on a monthly basis to ensure Index constituents takes place in (i) In General. Shares of the Fund (the ample liquidity. Fundamental analysis January, April, July, and October. Any ‘‘iShares’’) will be issued on a is not part of the selection criteria for constituent changes will be continuous offering basis in groups of inclusion or exclusion of stocks from implemented on the next trading day 50,000 or more. These ‘‘groups’’ of the Underlying Index. The financial and following the third Friday of the same shares are called ‘‘Creation Unit operating conditions of a company are month of the review meeting. Details of Aggregations.’’ The Fund will issue and not analyzed. the outcome of the review and the dates redeem iShares only in Creation Unit Index Maintenance and Issue on which any changes are to be Aggregations.25 Changes. The Index Committee is implemented will be published as soon As with other open-end investment responsible for undertaking the review as possible after the Index Committee companies, iShares will be issued at the of the Underlying Index and for meeting has concluded. net asset value (‘‘NAV’’) per share next approving changes of constituents in Index Availability. The Underlying determined after an order in proper accordance with the Underlying Index Index is calculated in real-time and form is received. rules and procedures. The FTSE Global published every minute during the The NAV per share of the Fund is Classification Committee is responsible Underlying Index period (09:15–16:00 determined as of the close of the regular for the industry classification of Local Hong Kong Time) or (17:15–24:00 trading session on the NYSE on each constituents of the Underlying Index U.S. Pacific Daylight Time). It is day that the NYSE is open. The Trust within the FTSE Global Classification available real-time directly from FTSE sells Creation Unit Aggregations of the System. The FTSE Global Classification and from the following vendors: Fund only on business days at the next Committee may approve changes to the Reuters, Bloomberg, Telekurs, FTID and determined NAV of the Fund. Creation FTSE Global Classification System and LSE/Proquote. The end of day Unit Aggregations generally will be Management Rules. FXI appoints the Underlying Index value is distributed at issued by the Fund in exchange for the Chairman and Deputy Chairman of the 16:15 (Local Hong Kong Time). Daily in-kind deposit of equity securities Index Committee. The Chairman chairs values will also be made available to the designated by the Advisor to correspond generally to the price and yield meetings of the Committee and Financial Times Asia edition and other performance of the Fund’s Underlying represents the Committee in outside major newspapers and will be available Index (‘‘Deposit Securities’’) and a meetings. Adjustments to reflect a major at the FTSE Index Services Web site: specified cash payment. Creation Unit change in the amount or structure of a http://www.ftse.com. The Underlying Aggregations generally will be redeemed constituent company’s issued capital Index uses Hong Kong Stock Exchange by the Fund in exchange for portfolio will be made before the start of the trade prices and Reuters real-time spot securities of the Fund (‘‘Fund Underlying Index calculation on the day currency rates. A total return index on which the change takes effect. Securities’’) and a specified cash value that takes into account reinvested Adjustments to reflect less significant payment. Fund Securities received on dividends is published daily at the end changes will be implemented before the redemption may not be identical to of day. The Underlying Index is not start of the Underlying Index calculation Deposit Securities deposited in calculated on days that are holidays in on the day following the announcement connection with creations of Creation Hong Kong. of the change. All adjustments are made Unit Aggregations for the same day. before the start of the Underlying Index The daily closing Underlying Index All orders to purchase iShares in calculations on the day concerned, value, historical values, constituents’ Creation Unit Aggregations must be unless market conditions prevent this. weighting, constituents’ market placed through an Authorized A company will be inserted into the capitalization and daily percentage Participant. An Authorized Participant Underlying Index at the periodic review changes are publicly available from must be either a ‘‘Participating Party,’’ if it rises to 15th position or above when http://www.ftsexinhua.com. All i.e., a broker-dealer or other participant the eligible companies are ranked by corporate actions and rules relating to in the clearing process through the full market value before the application the management of the Underlying National Securities Clearing Corporation of any investibility weightings. A Index are also available from the Web (‘‘NSCC’’) Continuous Net Settlement company in the Underlying Index will site. System, a clearing agency that is be deleted at the periodic review if it Exchange Rates and Pricing. The registered with the SEC, or a Depository falls to 36th position or below when the Underlying Index uses Reuters real-time Trust Company (‘‘DTC’’) participant eligible companies are ranked by full foreign exchange spot rates and local (‘‘DTC Participant’’), and in each case, market value before the application of stock exchange real-time security prices. must enter into a Participant Agreement. any investibility weightings. Any The Underlying Index is calculated in The Exchange understands that the deletion to the Underlying Index will Hong Kong Dollars. Non-Hong Kong Fund is currently imposing transaction simultaneously entail an addition to the Dollar denominated constituent prices fees in connection with creation and Underlying Index in order to maintain are converted to Hong Kong Dollars to redemption transactions.26 25 Underlying Index constituents at all calculate the Underlying Index. The (ii) In-Kind Deposit of Portfolio times. Reuters foreign exchange rates and Hong Securities. Payment for Creation Unit Revisions to the Float Adjustments. Kong Stock Exchange prices received at Aggregations will be made by the The Underlying Index is reviewed the closing time of the Underlying Index purchasers generally by an in-kind quarterly for changes in free float. These are used to calculate the final deposit with the Fund of the Deposit reviews will coincide with the quarterly Underlying Index levels. Securities together with an amount of reviews undertaken of the Underlying (c) Issuance of iShares in Creation Unit cash (‘‘Balancing Amount’’) specified by Index as a whole. Implementation of Aggregations any changes will be after the close of the 25 Each Creation Unit Aggregation consists of Underlying Index calculation on the The Application states that the 50,000 or more iShares. third Friday in January, April, July, and issuance and redemption of Creation 26 Telephone conversation between Marija Willen, Associate General Counsel, Amex, and Ira October. Unit Aggregations will operate in a Brandriss, Assistant Director, Lisa Jones, Special Quarterly Index Rebalancing. The manner identical to that of the funds Counsel and Natasha Cowen, Attorney, Division, quarterly review of the Underlying that are the subject of the Prior Order. Commission, on November 10, 2004.

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the Advisor in the manner described restricted under the securities laws or IOPV will not precisely reflect the value below. The Balancing Amount is an where the delivery of the Deposit of the Fund portfolio. amount equal to the difference between Security to the Authorized Participant However, during the trading day, the (1) the NAV (per Creation Unit would result in the disposition of the IOPV can be expected to closely Aggregation) of the Fund and (2) the Deposit Security by the Authorized approximate the value per Fund share of total aggregate market value (per Participant becoming restricted under the portfolio of securities for the Fund Creation Unit Aggregation) of the the securities laws, or in certain other except under unusual circumstances Deposit Securities (such value referred situations. The adjustments described (e.g., in the case of extensive to herein as the ‘‘Deposit Amount’’). The above will reflect changes known to the rebalancing of multiple securities in a Balancing Amount serves the function Advisor on the date of announcement to Fund at the same time by the Advisor). of compensating for differences, if any, be in effect by the time of delivery of the The Exchange believes that between the NAV per Creation Unit Fund Deposit, in the composition of the dissemination of the IOPV based on the Aggregation and that of the Deposit Underlying Index or resulting from Deposit Securities provides additional Amount.27 The deposit of the requisite certain corporate actions. information regarding the Fund that is Deposit Securities and the Balancing not otherwise available to the public (d) Availability of Information Amount are collectively referred to and is useful to professionals and Regarding iShares and the Underlying herein as a ‘‘Fund Deposit.’’ The investors in connection with Fund Index Advisor will make available to NSCC shares trading on the Exchange or the participants 28 through the NSCC on On each business day the list of creation or redemption of Fund shares. each business day, prior to the opening names and amount of each security Since the trading hours of the Hong of trading on the NYSE (currently 9:30 constituting the current Deposit Kong Stock Exchange do not overlap a.m. eastern standard time), the list of Securities of the Fund Deposit and the with regular trading hours in the U.S., the names and the required number of Balancing Amount effective as of the it is expected that the Value Calculator, shares of each Deposit Security previous business day, per outstanding when calculating IOPV, will utilize included in the current Fund Deposit share of the Fund, will be made closing prices (in applicable foreign (based on information at the end of the available. An amount per iShare currency prices) in the principal foreign previous business day) for the Fund. representing the sum of the estimated market for the securities in the Fund The Fund Deposit will be applicable to Balancing Amount effective through and portfolio (i.e., the Hong Kong Stock the Fund (subject to any adjustments to including the previous business day, Exchange), and convert the prices to the Balancing Amount, as described plus the current value of the Deposit U.S. dollars. In addition, FTSE will be below) in order to effect purchases of Securities in U.S. dollars, on a per disseminating a value for the Creation Unit Aggregations of the Fund iShare basis (‘‘Intraday Optimized Underlying Index once each trading until such time as the next-announced Portfolio Value’’ or ‘‘IOPV’’) is currently day, based on closing prices on the Fund Deposit composition is made calculated by an independent third Hong Kong Stock Exchange. The NAV available. party (‘‘Value Calculator’’), such as for the Fund will be calculated and The identity and number of shares of Bloomberg L.P., every 15 seconds disseminated daily. The Fund NAV will the Deposit Securities required for the during the NYSE’s regular trading hours be calculated by Investors Bank and Fund Deposit for the Fund will change and disseminated every 15 seconds on Trust (‘‘IBT’’). IBT will also disseminate from time to time. The composition of the Consolidated Tape. the information to BGI, SEI, and others. the Deposit Securities may change in The IOPV reflects the current value of The Fund NAV will be published in a response to adjustments to the the Deposit Securities and the Balancing number of places, including http:// weighting or composition of the Amount. The IOPV also reflects changes www.iShares.com and on the Component Securities. In addition, the in currency exchange rates between the Consolidated Tape. Trust reserves the right to permit or U.S. dollar and the applicable home The Underlying Index currently uses require the substitution of an amount of foreign currency. the Reuters foreign exchange rate at the cash ‘‘i.e., a ‘‘cash in lieu’’ amount—to Since the Fund will utilize a close of the index (4 p.m. Hong Kong be added to the Balancing Amount to representative sampling strategy, the Time) to compute final Underlying replace any Deposit Security that may IOPV may not reflect the value of all Index values. The Fund uses Reuters/ not be available in sufficient quantity securities included in the Underlying WM foreign exchange rates at 4 p.m. for delivery or that may not otherwise Index. In addition, the IOPV does not London Time. There will also be be eligible for transfer. The Trust also necessarily reflect the precise disseminated a variety of data with reserves the right to permit or require a composition of the current portfolio of respect to the Fund on a daily basis by ‘‘cash in lieu’’ amount where the securities held by the Fund at a means of CTA and CQ High Speed delivery of the Deposit Security by the particular point in time. Therefore, the Lines, which will be made available Authorized Participant would be IOPV on a per Fund share basis prior to the opening of trading on the disseminated during the NYSE’s trading NYSE. Information with respect to 27 Where the NAV (per Creation Unit hours should not be viewed as a real- recent NAV, shares outstanding, Aggregation) of the Fund exceeds the Deposit Amount, the purchaser pays the corresponding time update of the NAV of the Fund, estimated cash amount and total cash Balancing Amount to the Fund. Where, by contrast, which is calculated only once a day. amount per Creation Unit Aggregation the Deposit Amount exceeds the NAV (per Creation While the IOPV disseminated by the will be made available prior to the Unit Aggregation) of the Fund, the Balancing NYSE at 9:30 a.m. eastern standard time opening of the NYSE. In addition, the Amount is paid by the Fund to the purchaser. Telephone conversation between Marija Willen, is expected to be generally very close to Web site for the Trust, which will be Associate General Counsel, Amex, and Natasha the most recently calculated Fund NAV publicly accessible at no charge, will Cowen, Attorney, Division, Commission, on on a per Fund share basis, it is possible contain the following information, on a November 23, 2004. that the value of the portfolio of per iShare basis, for the Fund: (a) the 28 Telephone conversation between Marija Willen, Associate General Counsel, Amex, and securities held by the Fund may diverge prior business day’s NAV and the mid- Natasha Cowen, Attorney, Division, Commission, from the Deposit Securities values point of the bid-ask price at the time of on November 16, 2004. during any trading day. In such case, the calculation of such NAV (‘‘Bid/Ask

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Price’’),29 and a calculation of the redeeming beneficial owner in cash the broker such necessary details. iShares premium or discount of such price ‘‘Cash Redemption Payment.’’ The Cash acquired pursuant to the Service will be against such NAV; and (b) data in chart Redemption Payment on any given held by the beneficial owners in the format displaying the frequency business day will be an amount same manner, and subject to the same distribution of discounts and premiums calculated in the same manner as that terms and conditions, as for original of the Bid/Ask Price against the NAV, for the Balancing Amount, although the ownership of iShares. within appropriate ranges, for each of actual amounts may differ if the Fund Beneficial owners of iShares will the four previous calendar quarters. Securities received upon redemption are receive all of the statements, notices, The closing prices of the Fund’s not identical to the Deposit Securities and reports required under the Deposit Securities are readily available applicable for creations on the same Investment Company Act and other from, as applicable, the relevant day. To the extent that the Fund applicable laws. They will receive, for exchanges, automated quotation Securities have a value greater than the example, annual and semi-annual systems, published or other public NAV of iShares being redeemed, a cash reports, written statements sources in the relevant country, or on- payment equal to the differential is accompanying dividend payments, line information services such as required to be paid by the redeeming proxy statements, annual notifications Bloomberg or Reuters. The exchange beneficial owner to the Fund. The Trust detailing the tax status of distributions, rate information required to convert may also make redemptions in cash in IRS Form 1099–DIVs, etc. Because the such information into U.S. dollars is lieu of transferring one or more Fund Trust’s records reflect ownership of also readily available in newspapers and Securities to a redeemer if the Trust iShares by DTC only, the Trust will other publications and from a variety of determines, in its discretion, that such make available applicable statements, on-line services. method is warranted due to unusual notices, and reports to the DTC circumstances. An unusual Participants who, in turn, will be (e) Redemption of iShares circumstance could arise, for example, responsible for distributing them to the Creation Unit Aggregations of the when a redeeming entity is restrained beneficial owners. Fund will be redeemable at the NAV by regulation or policy from transacting next determined after receipt of a in certain Fund Securities, such as the (g) Other Issues request for redemption. Creation Unit presence of such Fund Securities on a (1) Stop and Stop Limit Orders. Amex Aggregations of the Fund generally will redeeming investment banking firm’s Rule 154, Commentary .04(c) provides be redeemed in-kind, together with a restricted list. that stop and stop limit orders to buy or balancing cash payment (although, as (f) Dividends and Distributions sell a security (other than an option, described below, Creation Unit which is covered by Amex Rule 950(f) Aggregations may sometimes be Dividends from net investment and Commentary thereto) the price of redeemed for cash). The value of the income will be declared and paid to which is derivatively based upon Fund’s redemption payments on a beneficial owners of record at least another security or index of securities, Creation Unit Aggregation basis will annually by the Fund. Distributions of may with the prior approval of a Floor equal the NAV per the appropriate realized securities gains, if any, Official, be elected by a quotation, as set number of iShares of the Fund. Owners generally will be declared and paid once forth in Commentary .04(c) (i–v). The of iShares may sell their iShares in the a year, but the Fund may make Exchange has designated Index Fund secondary market, but must accumulate distributions on a more frequent basis to Shares, including iShares, as eligible for enough iShares to constitute a Creation comply with the distribution this treatment.30 Unit Aggregation in order to redeem requirements of the Code and consistent (2) Rule 190. Amex Rule 190, through the Fund. Redemption orders with the Investment Company Act. Commentary .04 applies to Index Fund must be placed by or through an Dividends and other distributions on Shares listed on the Exchange, iShares of the Fund will be distributed Authorized Participant. including iShares. Commentary .04 on a pro rata basis to beneficial owners Creation Unit Aggregations of the states that nothing in Amex Rule 190(a) of such iShares. Dividend payments will Fund generally will be redeemable on should be construed to restrict a be made through the DTC and the DTC any business day in exchange for Fund specialist registered in a security issued Participants to beneficial owners then of Securities and the Cash Redemption by an investment company from record with amounts received from the Payment (defined below) in effect on the purchasing and redeeming the listed date a request for redemption is made. Fund. The Trust currently does not intend to security, or securities that can be The Advisor will publish daily through make the DTC book-entry Dividend subdivided or converted into the listed NSCC the list of securities which a Reinvestment Service (‘‘Service’’) security, from the issuer as appropriate creator of Creation Unit Aggregations available for use by beneficial owners to facilitate the maintenance of a fair must deliver to the Fund (‘‘Creation for reinvestment of their cash proceeds, and orderly market. List’’) and which a redeemer will but certain individual brokers may make (3) Prospectus Delivery. The receive from the Fund (‘‘Redemption the Service available to their clients. Commission has granted the Trust an List’’). The Creation List is identical to The SAI will inform investors of this exemption from certain prospectus the list of the names and the required fact and direct interested investors to delivery requirements under Section numbers of shares of each Deposit 31 contact such investor’s broker to 24(d) of the Investment Company Act. Security included in the current Fund ascertain the availability and a Any product description used in Deposit. description of the Service through such In addition, just as the Balancing 30 See Securities Exchange Act Release No. 29063 broker. The SAI will also caution Amount is delivered by the purchaser of (April 10, 1991), 56 FR 15652 (April 17, 1991) (SR– interested beneficial owners that they Creation Unit Aggregations to the Fund, Amex–90–31) (regarding Exchange designation of should note that each broker may equity derivative securities as eligible for such the Trust will also deliver to the require investors to adhere to specific treatment under Amex Rule 154, Commentary .04(c)). 29 The Bid-Ask Price of the Fund is determined procedures and timetables in order to 31 See In the Matter of iShares, Inc., et al., using the highest bid and lowest offer on the NYSE participate in the Service and such Investment Company Act Release No. 25623 (June as of the time of calculation of the Fund’s NAV. investors should ascertain from their 25, 2002).

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reliance on a Section 24(d) exemptive (7) Purchases and Redemptions in III. Solicitation of Comments order will comply with all Creation Unit Aggregations. In the Interested persons are invited to representations made therein and all Information Circular members and submit written data, views, and conditions thereto. The Exchange, in an member organizations will be informed arguments concerning the foregoing, Information Circular to Exchange that procedures for purchases and including whether the proposed rule members and member organizations, redemptions of iShares in Creation Unit change is consistent with the Act. will inform members and member Aggregations are described in the Comments may be submitted by any of organizations, prior to commencement Prospectus and SAI, and that iShares are the following methods: of trading, of the prospectus or product not individually redeemable but are description delivery requirements redeemable only in Creation Unit Electronic Comments applicable to the Fund. Aggregations or multiples thereof. • Use the Commission’s Internet (4) Information Circular. The (8) Surveillance. The Exchange comment form (http://www.sec.gov/ Exchange will distribute an information represents that its surveillance rules/sro.shtml); or circular to its members in connection procedures are adequate to properly • Send an e-mail to rule- with the trading of the Fund monitor the trading of the iShares. [email protected]. Please include File (‘‘Information Circular’’). The Specifically, the Amex will rely on its No. SR–Amex–2004–85 on the subject Information Circular will discuss the existing surveillance procedures line. special characteristics and risks of governing Index Fund Shares, which trading this type of security. have been deemed adequate under the Paper Comments Specifically, the Information Circular Act. The Exchange is able to obtain • Send paper comments in triplicate will discuss, among other things, what information regarding trading in both to Jonathan G. Katz, Secretary, the Fund is, how Fund shares are the Fund shares and the Component Securities and Exchange Commission, created and redeemed, the requirement Securities by its members on any 450 Fifth Street, NW., Washington, DC that members and member firms deliver relevant market; in addition, the 20549–0609. a prospectus or product description to Exchange may obtain trading All submissions should refer to File investors purchasing shares of the Fund information via the Intermarket No. SR–Amex–2004–85. To help the before, or concurrently with, the Surveillance Group (‘‘ISG’’) from other Commission process and review your confirmation of a transaction, applicable exchanges who are members or affiliates comments more efficiently, please use Exchange rules, dissemination of the ISG, including, by way of information, trading information and only one method. The Commission will example, the Hong Kong Stock the applicability of suitability rules post all comments on the Commission’s Exchange. (including Amex Rule 411). The Internet Web site (http://www.sec.gov/ Information Circular will also discuss (9) Hours of Trading/Minimum Price rules/sro.shtml). Copies of the exemptive, no-action and interpretive Variation. The Fund will trade on the submission, all subsequent relief granted by the Commission from Exchange until 4:15 p.m. (eastern amendments, all written statements Section 11(d)(1) and certain rules under standard time). The minimum price with respect to the proposed rule the Act, including Rule 10a–1, Rule variation for quoting will be $.01. change that are filed with the Commission, and all written 10b–10, Rule 14e–5, Rule 10b–17, Rule 2. Statutory Basis 11d1–2, Rules 15c1–5 and 15c1–6, and communications relating to the Rules 101 and 102 of Regulation M The Exchange believes that the proposed rule change between the under the Act. proposed rule change is consistent with Commission and any person, other than (5) Trading Halts. In addition to other Section 6(b) of the Act 33 in general, and those that may be withheld from the factors that may be relevant, the furthers the objectives of Section public in accordance with the Exchange may consider factors such as 6(b)(5)34 in particular, in that it is provisions of 5 U.S.C. 552, will be those set forth in Amex Rule 918C(b) in designed to prevent fraudulent and available for inspection and copying in exercising its discretion to halt or manipulative acts and practices, to the Commission’s Public Reference suspend trading in Index Fund Shares, promote just and equitable principles of Room, 450 Fifth Street, NW., including iShares. These factors would trade, to remove impediments to and Washington, DC 20549. Copies of such include, but are not limited to, (1) the perfect the mechanism of a free and filing will also be available for extent to which trading is not occurring open market and a national market inspection and copying at the principal in stocks underlying the index; or (2) system, and in general, to protect office of the Amex. All comments whether other unusual conditions or investors and the public interest. received will be posted without change; the Commission does not edit personal circumstances detrimental to the B. Self-Regulatory Organization’s identifying information from maintenance of a fair and orderly Statement on Burden on Competition market are present.32 In addition, submissions. You should submit only trading in iShares will be halted if the The Exchange does not believe that information that you wish to make circuit breaker parameters under Amex the proposed rule change will impose available publicly. All submissions Rule 117 have been reached. any burden on competition. should refer to File No. SR–Amex– 2004–85 and should be submitted on or (6) Suitability. Prior to C. Self-Regulatory Organization’s before January 3, 2005. commencement of trading, the Exchange Statement on Comments on the will issue an Information Circular Proposed Rule Change Received From IV. Commission’s Findings and Order informing members and member Members, Participants or Others Granting Accelerated Approval of organizations of the characteristics of Proposed Rule Change the iShares and of applicable Exchange No written comments were solicited rules, as well as of the requirements of or received with respect to the proposed The Commission finds that the Amex Rule 411 (Duty to Know and rule change. proposed rule change is consistent with Approve Customers). the requirements of the Act and the 33 15 U.S.C. 78f(b). rules and regulations thereunder 32 See Amex Rule 918C. 34 15 U.S.C. 78f(b)(5). applicable to a national securities

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exchange.35 In particular, the A. Fund Characteristics strategy to attempt to track its Commission finds that the proposed The Commission believes that the Underlying Index. Although a rule change is consistent with Section proposed Fund is reasonably designed representative sampling strategy entails 36 6(b)(5) of the Act, which requires, to provide investors with an investment some risk of tracking error, the Advisor among other things, that the Exchange’s vehicle that substantially reflects in will seek to minimize tracking error. It rules promote just and equitable value the performance of the Underlying is expected that the Fund will have a principles of trade and facilitate Index.41 Moreover, the Commission tracking error relative to the transactions in securities, and, in finds that, although the value of the performance of its Underlying Index of general, protect investors and the public Fund’s shares will be derived from and no more than 5%. interest.37 based on the value of the securities and The Advisers to the Fund may The Commission believes that the cash held in the Fund, the Fund is not attempt to reduce tracking error by Amex’s proposal should advance the leveraged. Accordingly, the level of risk using a variety of investment public interest by providing investors involved in the purchase or sale of Fund instruments, including futures contracts, repurchase agreements, with increased flexibility in satisfying shares is similar to the risk involved in options, swaps and currency exchange their investment needs and by allowing the purchase or sale of traditional contracts; however, these instruments them to purchase and sell Fund shares common stock, with the exception that at negotiated prices throughout the will not constitute more than 10% of the the pricing mechanism for shares in the 43 business day that generally track the Fund’s assets. Fund is based on a portfolio of The Commission believes that the price and yield performance of the securities. The Commission notes that targeted Underlying Index.38 market capitalization and liquidity of the Fund will at all times invest at least the Component Securities is such that Furthermore, the Commission 80% of its assets in Component an adequate level of liquidity exists so believes that the proposed rule change Securities and in Depositary Receipts that the Fund shares should not be raises no issues that have not been and at least half of the remaining 20% susceptible to manipulation.44 Also, the previously considered by the of its assets in Component Securities, Commission does not believe that the Commission. The Fund is similar in Depositary Receipts, or in stocks Fund will be so highly concentrated structure and operation to exchange- included in the Chinese market, but not such that it becomes a surrogate for traded index funds that the Commission 42 included in the Underlying Index. As trading unregistered foreign securities has previously approved for listing and noted above, the Fund will use a on the Exchange. trading on national securities exchanges representative portfolio sampling While the Commission believes that 39 under Section 19(b)(2) of the Act. In these requirements should help to addition, as noted above, the 41 The FTSE/Xinhua China 25 Index is a free reduce concerns that the Fund could Commission has previously approved a float-adjusted market capitalization weighted index become a surrogate for trading in a substantially similar proposed rule that is designed to represent the performance of the largest companies in the mainland China equity single or a few unregistered stocks, if change submitted by the NYSE to list market that are available to international investors. the Fund’s characteristics changed 40 and trade the iShares. As of October 12, 2004, its constituents had a total materially from the characteristics The stocks included in the market capitalization of approximately $302 billion and a float-adjusted market capitalization of described herein, the Fund would not Underlying Index are among the stocks approximately $47 billion. be in compliance with standards with the highest liquidity and market The Commission notes that although one approved herein, and the Commission capitalization in the Chinese markets. employee of an affiliate of the Advisor serves on the would expect the Amex to file a Further, with respect to each of the FTSE/Xinhua Index Committee and provides input proposed rule change pursuant to Rule following key issues, the Commission to help ensure that the published index rules and the implementation of such rules adequately reflect 19b–4 of the Act. In addition, the believes that the Fund satisfies current developments in the underlying market, Exchange has represented that it will established standards. such employee is not and will not be involved in immediately notify the Commission if the operations of the Advisor or the Fund or be the Exchange becomes aware of any involved in any capacity with the Fund’s Board of 35 In approving this proposal, the Commission has Trustees. Moreover, the index compilation changes made in the Fund and not considered its impact on efficiency, competition, 45 functions of FXI and the FTSE/Xinhua Index represented herein. and capital formation. 15 U.S.C. 78c(f). Committee are, and will remain, completely 36 15 U.S.C. 78f(b)(5). separate and independent of the portfolio B. Disclosure 37 Pursuant to Section 6(b)(5) of the Act, the management functions of BGFA. FXI and the FTSE/ The Exchange represents that it will Commission must predicate approval of exchange Xinhua Index Committee have adopted policies that trading for new products upon a finding that the prohibit the dissemination and use of confidential circulate the Information Circular introduction of the product is in the public interest. and proprietary information about the Underlying detailing applicable prospectus and Such a finding would be difficult with respect to Index and have instituted procedures designed to product description delivery a product that served no investment, hedging or prevent the improper dissemination and use of such other economic function, because any benefits that requirements. The Information Circular information. BGI and BGIL have adopted policies also will address members’ might be derived by market participants would that limit the use of confidential and proprietary likely be outweighed by the potential for information about portfolio management decisions manipulation, diminished public confidence in the to those persons whose duties require and permit 43 See discussion under Section II.A.1(a) integrity of the markets, and other valid regulatory them to have access to such information and have ‘‘Operation of the Fund’’ above. concerns. instituted procedures designed to prevent the 44 The Exchange states that as of October 29, 38 The Commission notes that, as is the case with improper dissemination and use of such 2004, the ten largest constituents represented similar previously approved exchange traded funds, information. approximately 59.8% of the index weight. The 5 investors in the Fund can redeem shares in Creation 42 The Exchange states that, to the extent the highest weighted stocks, which represented 39.7% Unit Aggregations only. See, e.g., Securities Fund invests in Depositary Receipts, any ADRs will of the index weight, had an average daily trading Exchange Act Release No. 43679 (December 5, be listed on a national securities exchange or volume in excess of 31.4 million shares during the 2000), 65 FR 77949 (December 13, 2000) (File No. Nasdaq. Other Depositary Receipts will be listed on past two months. All of the Component Securities SR–NYSE–00–46); Securities Exchange Act Release a foreign exchange. The Fund will not invest in any traded at least 250,000 shares in each of the No. 50189 (August 12, 2004); 69 FR 51723 (August unlisted Depositary Receipts or any listed previous six months. 20, 2004) (File No. SR–Amex–2004–05). Depositary Receipts that the Advisor deems to be 45 Telephone conversation between Marija 39 15 U.S.C. 78s(b)(2). illiquid or for which pricing information is not Willen, Associate General Counsel, Amex, and Ira 40 See Securities Exchange Act Release No. 50505 readily available. The Fund currently intends to Brandriss, Assistant Director, Lisa Jones, Special (October 8, 2004), 69 FR 61280 (October 15, 2004) hold all of the securities in the Underlying Index Counsel, and Natasha Cowen, Attorney, Division, (SR–NYSE–2004–55). that are listed on the Hong Kong Stock Exchange. Commission, on November 10, 2004.

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responsibility to deliver a prospectus or contain the following information, on a subject to all Amex rules applicable to product description to all investors and per iShare basis, for the Fund: (a) The trading on the Exchange, including, highlight the characteristics of the prior business day’s NAV and the mid- among others, rules governing trading Funds. The Information Circular will point of the Bid-Ask Price 48 at the time halts.51 also remind members and member of calculation of such NAV, and a E. Surveillance organizations of their suitability calculation of the premium or discount obligations, including the requirements of such price against such NAV; and (b) The Exchange represents that it will of Amex Rule 411. For example, the data in chart format displaying the rely on its existing surveillance Information Circular will also inform frequency distribution of discounts and procedures governing Index Fund members that Fund shares are not premiums of the Bid/Ask Price against Shares currently trading on the individually redeemable, but are the NAV, within appropriate ranges, for Exchange. The Exchange also represents redeemable only in Creation Unit each of the four previous calendar that it is able to obtain information from Aggregations or multiples thereof as set quarters. the NYSE or any third party regarding 46 forth in the Prospectus and SAI. The closing prices of the Fund’s trading in both the Fund shares and the C. Dissemination of Fund Information Deposit Securities are available from, as Component Securities by its members or applicable, the relevant exchanges, member organizations on any relevant With respect to pricing, each day, the automated quotation systems, published market. In addition, the Exchange NAV for the Fund will be calculated or other public sources in the relevant represents that it may obtain trading and disseminated by IBT to various country, or on-line information services sources and made available on http:// information via the ISG from other such as Bloomberg or Reuters. The exchanges who are members or affiliates www.iShares.com and on the exchange rate information required to 47 of the ISG, including, by way of Consolidated Tape. convert such information into U.S. During each day the Amex is open for example, the Hong Kong Stock dollars is also readily available in Exchange. business, the Exchange states that the newspapers and other publications and IOPV of the Underlying Index will be from a variety of on-line services. In F. Accelerated Approval disseminated at regular intervals (every addition, the Commission notes that the The Exchange has requested that the 15 seconds) on the Consolidated Tape. iShares Web site is and will be publicly Commission approve the proposed rule The IOPV will be updated throughout accessible at no charge, and will contain change on an accelerated basis. The the Exchange trading day to reflect the Fund’s NAV as of the prior business fluctuations in exchange rates between Commission finds good cause, pursuant day, the Bid-Asked Price, and a the U.S. dollar and the applicable home to Section 19(b)(2) of the Act,52 for calculation of the premium or discount foreign currency. The Underlying Index approving the proposed rule change of the Bid-Asked Price in relation to the value is available real-time directly from prior to the thirtieth day after the date closing NAV.49 of publication of notice in the Federal FTSE and from the following vendors: The Exchange also represents that it Register. The Commission has Reuters, Bloomberg, Telekurs, FTID and will halt trading if the dissemination of LSE/Proquote. An end of day closing previously approved a substantially the Fund’s value ceases and there is no value for the Underlying Index is similar proposed rule change submitted readily available source for obtaining available on http:// 50 by the NYSE to list and trade the such information. 53 www.ftsexinhua.com, along with other Based on the representations made in iShares and does not believe that the Underlying Index information such as the proposal, the Commission believes proposed rule change raises novel historical values, composition and that pricing and other important regulatory issues. Consequently, the component weighting. The Commission information about the Fund is adequate Commission believes that it is believes that this information will help and consistent with the Act. appropriate to permit investors to an investor to determine whether, and benefit from the ability to trade these to what extent, iShares may be selling D. Trading products on the Amex as soon as at a premium or a discount to NAV. The Commission further finds that possible. Accordingly, the Commission There will also be disseminated a adequate rules and procedures exist to finds that there is good cause, consistent variety of data with respect to the Fund govern trading of the Fund’s shares, with Section 6(b)(5) of the Act,54 to on a daily basis by means of CTA and pursuant to UTP. Fund shares will be approve the proposal on an accelerated CQ High Speed Lines, which will be traded pursuant to UTP under Amex basis. made available prior to the opening of Rule 1000A and, unless Amex Rules trading on the NYSE. Information with V. Conclusion 1000A et seq. stipulate otherwise, are respect to recent NAV, shares It is therefore ordered, pursuant to outstanding, estimated cash amount and 48 The Bid-Ask Price of the Fund is determined Section 19(b)(2) of the Act, that the total cash amount per Creation Unit using the highest bid and lowest offer on the NYSE proposed rule change (SR–Amex–2004– Aggregation will be made available prior as of the time of calculation of the Fund’s NAV. to the opening of the NYSE. In addition, 49 Additional information available to investors 51 the Web site for the Trust, which will will include data for a period covering at least the In order to halt the trading of the Fund, the four previous calendar quarters (or the life of a Exchange may consider, among others, factors be publicly accessible at no charge, will Fund, if shorter) indicating how frequently the including: (1) The extent to which trading is not Fund’s shares traded at a premium or discount to occurring in underlying securities; or (2) whether 46 See discussion under Section II.A.1(a) NAV based on the Bid-Asked Price and closing other unusual conditions or circumstances ‘‘Operation of the Fund,’’ above. The Exchange has NAV, and the magnitude of such premiums and detrimental to the maintenance of a fair and orderly represented that the Information Circular will also discounts; the Fund Prospectus and two most market are present. In addition, trading in Fund discuss exemptive, no-action, and interpretive relief recent reports to shareholders; and other shares will be halted if the circuit breaker granted by the Commission from certain rules under quantitative information such as daily trading parameters under Amex Rule 117 have been the Act. volume. reached. 47 The Underlying Index currently uses the 50 Telephone conversation between Marija 52 15 U.S.C. 78s(b)(2). Reuters foreign exchange rate at the close of the Willen, Associate General Counsel, Amex, and Ira 53 See Securities Exchange Act Release No. 50505 index (4 p.m. Hong Kong Time) to compute final Brandriss, Assistant Director, Lisa Jones, Special (October 8, 2004), 69 FR 61280 (October 15, 2004) index values. The Fund intends to use Reuters/WM Counsel, and Natasha Cowen, Attorney, Division, (SR–NYSE–2004–55). foreign exchange rates at 4 p.m. London Time. Commission, on November 10, 2004. 54 15 U.S.C. 78s(b)(5).

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85), is hereby approved on an (A) Self-Regulatory Organization’s impact or impose any burden on accelerated basis.55 Statement of the Purpose of, and competition. Statutory Basis for, the Proposed Rule For the Commission, by the Division of (C) Self-Regulatory Organization’s Change Market Regulation, pursuant to delegated Statement on Comments on the 56 authority. The purpose of the proposed rule Proposed Rule Change Received from Jill M. Peterson, change is to amend the fee structure of Members, Participants, or Others Assistant Secretary. the GSD of FICC to reflect a new pricing methodology for GSD’s netting services. Written comments relating to the [FR Doc. 04–27253 Filed 12–10–04; 8:45 am] proposed rule change have been BILLING CODE 8010–01–P The new methodology was established in recognition of the evolution of the solicited or received. FICC will notify government securities marketplace and the Commission of any written SECURITIES AND EXCHANGE the growth of electronic trading which comments received by FICC. COMMISSION have resulted in the GSD processing III. Date of Effectiveness of the more high-volume/low-dollar trades Proposed Rule Change and Timing for [Release No. 34–50806; File No. SR–FICC– with fewer residual positions to settle. Commission Action 2004–21] FICC believes that the revised fee structure more accurately aligns the The foregoing rule change has become Self-Regulatory Organizations; Notice effective upon filing pursuant to Section costs of FICC’s services with its risk 4 of Filing and Immediate Effectiveness 19(b)(3)(A)(ii) of the Act and Rule 19b– exposure. The changes will go into 5 of Proposed Rule Change to Amend effect on January 1, 2005. 4(f)(2) thereunder because the the Fee Structure of the Government Under the new methodology, netting proposed rule establishes or changes a Securities Division of the Fixed Income fees will be calculated based on three due, fee, or other charge. At any time Clearing Corporation components. These components consist within sixty days of the filing of such of a fixed charge similar to today’s fee rule change, the Commission may December 7, 2004. and two new variable fees that will give summarily abrogate such rule change if Pursuant to section 19(b)(1) of the FICC the ability to distinguish between it appears to the Commission that such Securities Exchange Act of 1934 smaller and larger ticket values and action is necessary or appropriate in the (‘‘Act’’),1 notice is hereby given that on their associated risk, as well as capture public interest, for the protection of November 9, 2004, the Fixed Income the cost of FICC’s settlement investors, or otherwise in furtherance of Clearing Corporation (‘‘FICC’’) filed infrastructure and risk exposure the purposes of the Act. with the Securities and Exchange associated with the post-netting IV. Solicitation of Comments Commission (‘‘Commission’’) the positions requiring settlement. proposed rule change described in Items The new netting fee calculation will Interested persons are invited to I, II, and III below, which items have be based on the following charges: submit written data, views, and been prepared primarily by FICC. The (1) A reduced fixed charge of $0.43 arguments concerning the foregoing, Commission is publishing this notice to per ticket for trades entering the netting including whether the proposed rule solicit comments on the proposed rule process (the current charge is $1.00); change is consistent with the Act. change from interested parties. (2) A new charge of $0.012 per $1 Comments may be submitted by any of million of par value for trades entering the following methods: I. Self-Regulatory Organization’s the netting process; and Electronic Comments Statement of the Terms of Substance of (3) A new charge of $0.052 per $1 the Proposed Rule Change million of par value for clearance • Use the Commission’s Internet The proposed rule change consists of obligations created as a result of the comment form (http://www.sec.gov/ amendments to the fee structure of the netting process. rules/sro.shtml) or Government Securities Division In addition, effective January 1, 2005, • Send an e-mail to rule- (‘‘GSD’’) of FICC to reflect a new pricing the fixed clearance charge will be [email protected]. Please include File methodology for GSD’s netting services. reduced from the current $2.75 per Number SR–FICC–2004–21 on the obligation created to $2.35 per subject line. II. Self-Regulatory Organization’s obligation created in order to better Paper Comments Statement of the Purpose of, and align clearance revenues with associated Statutory Basis for, the Proposed Rule expenses. The applicable charge for • Send paper comments in triplicate Change comparison services remains to Jonathan G. Katz, Secretary, In its filing with the Commission, unchanged. Securities and Exchange Commission, FICC included statements concerning FICC believes that the proposed rule 450 Fifth Street, NW., Washington, DC the purpose of and basis for the change is consistent with the 20549–0609. proposed rule change and discussed any requirements of Section 17A of the Act 3 All submissions should refer to File comments it received on the proposed and the rules and regulations Number SR–FICC–2004–21. This file rule change. The text of these statements thereunder applicable to FICC because number should be included on the may be examined at the places specified the proposed change provides for fees subject line if e-mail is used. To help the in Item IV below. FICC has prepared that more accurately reflect FICC’s costs Commission process and review your summaries, set forth in sections (A), (B), and risks presented by trades submitted comments more efficiently, please use and (C) below, of the most significant to FICC. only one method. The Commission will aspects of these statements.2 post all comments on the Commission’s (B) Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Statement on Burden on Competition 55 15 U.S.C. 78s(b)(2). rules/sro.shtml). Copies of the 56 17 CFR 200.30–3(a)(12). FICC does not believe that the submission, all subsequent 1 15 U.S.C. 78s(b)(1). proposed rule change will have an 2 The Commission has modified the text of the 4 15 U.S.C. 78s(b)(3)(A)(ii). summaries prepared by FICC. 3 15 U.S.C. 78q–1. 5 17 CFR 240.19b–4(f)(2).

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amendments, all written statements proposed rule change from interested The proposed rule change (i) raises with respect to the proposed rule parties. the minimum excess net capital change that are filed with the requirement applicable to such broker- I. Self-Regulatory Organization’s Commission, and all written dealer applicants and members from Statement of the Terms of Substance of communications relating to the $25,000 in excess net capital to $50,000 the Proposed Rule Change proposed rule change between the in excess net capital and (ii) changes the Commission and any person, other than The purpose of the proposed rule standards of financial responsibility those that may be withheld from the change is to amend the standards of required of banks and trust companies public in accordance with the financial responsibility required of by reference to different types of criteria provisions of 5 U.S.C. 552, will be applicants and members that are banks, than currently used for this purpose. available for inspection and copying in trust companies, or broker-dealers using The effective date for the proposed rule the Commission’s Public Reference or applying to use NSCC’s non- change as applied to current members Section, 450 Fifth Street, NW., guaranteed services as Mutual Fund/ will be one year from the date of Washington, DC 20549. Copies of such Insurance Services Members under Rule Commission approval. The one year filing also will be available for 2 and Fund Members under Rule 51. period, arrived at after consultations inspection and copying at the principal with the affected members, is necessary II. Self-Regulatory Organization’s to allow members that do not meet the office of FICC and on FICC’s Web site Statement of the Purpose of, and at http://www.ficc.com. All comments increased or changed capital Statutory Basis for, the Proposed Rule requirements sufficient time to evaluate received will be posted without change; Change the Commission does not edit personal their options and implement any identifying information from In its filing with the Commission, necessary changes without undue submissions. You should submit only NSCC included statements concerning disruption to their customers. The information that you wish to make the purpose of and basis for the proposed rule change also seeks to available publicly. All submissions proposed rule change and discussed any amend Addendum I to require an should refer to File Number SR-FICC– comments it received on the proposed established business history of six 2004–21 and should be submitted on or rule change. The text of these statements months instead of three years which is before January 3, 2005. may be examined at the places specified consistent with the required established in Item IV below. NSCC has prepared business history for applicants for other For the Commission by the Division of types of membership in NSCC. Market Regulation, pursuant to delegated summaries, set forth in sections (A), (B), authority.6 and (C) below, of the most significant 2 1. Increase of Minimum Excess Net Jill M. Petersen, aspects of these statements. Capital Required of Broker-Dealers Assistant Secretary. (A) Self-Regulatory Organization’s Using Mutual Fund and Insurance [FR Doc. E4–3609 Filed 12–10–04; 8:45 am] Statement of the Purpose of, and Services BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule NSCC’s current minimum excess net Change capital requirement applicable to The proposed rule change amends broker-dealer applicants and members SECURITIES AND EXCHANGE Addendum B, ‘‘Standards of Financial using non-guaranteed services was COMMISSION Responsibility and Operational implemented in 1993.5 In 1998, NSCC [Release No. 34–50797; File No. SR–NSCC– Capability,’’ and Addendum I, increased its minimum excess net 2003–22] ‘‘Standards of Financial Responsibility capital requirements under Rule 2 for and Operational Capability For Fund broker-dealer applicants and members Self-Regulatory Organizations; Members,’’ of NSCC’s Rules and using NSCC guaranteed services from National Securities Clearing Procedures to enhance the standards of $50,000 to $500,000 subject to certain Corporation; Notice of Filing of financial responsibility required of limited exceptions.6 At that time, no Proposed Rule Change To Amend the applicants and members that are banks, change was made to the financial Standards of Financial Responsibility trust companies, and broker-dealers requirements applicable to the use of Required of Mutual Fund and using or applying to use NSCC’s non- non-guaranteed services. NSCC now Insurance Services Applicants and guaranteed services as Mutual Fund/ believes it is appropriate to do so Members That Are Banks, Trust Insurance Services Members under Rule because of increased transaction Companies, or Broker-Dealers 2 and Fund Members under Rule 51.3 volumes and settlement obligations. Addendum B establishes financial NSCC currently has 290 broker-dealer December 6, 2004. criteria applicable to Mutual Fund/ members to which the increased excess Pursuant to Section 19(b)(1) of the Insurance Services Members and Securities Exchange Act of 1934 applicants admitted or seeking margining to determine participant clearing fund. 1 NSCC is informing members on a rolling basis when (‘‘Act’’), notice is hereby given that on admission under Rule 2. Addendum I November 10, 2003, the National Version 2 is applicable to them. The provisions of establishes the financial criteria Addendum B, which are the subject of this Securities Clearing Corporation applicable to Fund Members and proposed rule change, are identical in Version 1 (‘‘NSCC’’) filed with the Securities and applicants admitted or seeking and Version 2. This proposed rule change would amend both the text of Addendum B (Version 1) Exchange Commission (‘‘Commission’’) admission under Rule 51.4 and on November 29, 2004, amended and Appendix 1 (Version 2 of Addendum B). Securities Exchange Act Release No. 44431 (June the proposed rule change described in 2 The Commission has modified the text of the 14, 2001), 66 FR 33280. Items I, II, and III below, which items summaries prepared by NSCC. 5 Securities Exchange Act Release No. 33525 have been prepared primarily by NSCC. 3 Mutual Fund Services and Insurance Processing (January 26, 1994), 59 FR 9805. The Commission is publishing this Services are non-guaranteed services. 6 Securities Exchange Act Release No. 40081 notice to solicit comments on the 4 NSCC has revised Addendum B (Version 1) as (June 10, 1998), 63 FR 32905. A municipal set forth in Appendix 1 to NSCC’s Rules (Version securities broker under Rule 15c3–1(a)(8) of the Act 2 of Addendum B). Version 1 uses allocation and is required to maintain $100,000 in excess net 6 17 CFR 200.30–3(a)(12). liquidation components to determine participant capital, and a clearing broker is required to 1 15 U.S.C. 78s(b)(1). clearing fund and Version 2 uses risk-based maintain $1,000,000 in excess net capital.

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net capital requirement would apply. the guidelines issued by the Board of (B) Self-Regulatory Organization’s Thirteen of the 290 broker-dealer Governors of the Federal Reserve Statement on Burden on Competition members have been identified as not System. All current NSCC Mutual Fund/ NSCC believes that the proposed rule meeting the increased capital Insurance Services Members and Fund change will not impose a burden on requirement. The purpose of delaying Members that are banks exceed this competition not necessary or effectiveness of the proposed rule requirement. appropriate in furtherance of the change is to allow these thirteen With respect to trust companies, the purposes of the Act. members time in which to obtain and current standard of $100,000 in excess apply additional excess net capital or capital over the capital required by (C) Self-Regulatory Organization’s make alternate arrangements such as applicable state or federal regulations Statement on Comments on the clearing through another NSCC member would be replaced by a requirement that Proposed Rule Change Received From without disruption to their businesses. the trust company have $2,000,000 in Members, Participants or Others NSCC currently requires a larger capital. Since state regulations vary in No written comments relating to the clearing fund deposit from broker-dealer their respective capital requirements proposed rule change have been members which have a minimum excess and some states do not a have a capital solicited or received. NSCC will notify net capital of less than $50,000 (i.e., a requirement, the proposed revised the Commission of any written minimum of $10,000–$20,000–$40,000 criteria would provide a uniform and comments received by NSCC. as compared to $5,000–$10,000–$20,000 consistent standard to all trust III. Date of Effectiveness of the depending upon settlement debit companies regardless of whether they history). When the proposed minimum Proposed Rule Change and Timing for are members of the Federal Reserve excess net capital requirement is Commission Action System or subject to nonuniform state increased to $50,000, the minimum regulatory requirements. The proposed Within thirty-five days of the date of clearing fund requirements currently $2,000,000 capital requirement is the publication of this notice in the Federal imposed would no longer be applicable same capital standard required for Register or within such longer period (i) because $50,000 in excess net capital membership in The Depository Trust as the Commission may designate up to would be required of these broker- Company. ninety days of such date if it finds such dealers in all instances. Some trust companies which are not longer period to be appropriate and 2. Amendment to Standards of Financial required to calculate a Tier 1 risk-based publishes its reasons for so finding or Responsibility Applied to Banks and capital ratio pursuant to FDIC or Federal (ii) as to which the self-regulatory Trust Companies Using Mutual Fund Reserve Act requirements calculate this organization consents, the Commission Services and Insurance Processing ratio for other purposes. NSCC would will: (A) By order approve such proposed Service therefore accept as an alternative to the rule change or Addendum B currently requires that minimum $2,000,000 capital (B) institute proceedings to determine banks and trust companies that are requirement the 6% Tier 1 risk-based whether the proposed rule change applying to be or are Mutual Fund/ capital ratio from those trust companies should be disapproved. Insurance Services Members under Rule which provide this calculation for 2 have $100,000 minimum excess net regulatory purposes.7 IV. Solicitation of Comments capital over the capital requirement NSCC currently has sixty-six bank/ Interested persons are invited to imposed by the applicable state or trust company members to which the submit written data, views, and federal regulatory authority. Addendum revised capital requirements would arguments concerning the foregoing, I is silent on the criteria applicable to apply. Only one trust company has been including whether the proposed rule banks and trust companies for purposes identified as not meeting the new change is consistent with the Act. of being Fund Members under Rule 51. standard. Comments may be submitted by any of Under the proposed rule change, the NSCC believes that the proposed rule the following methods: standards of financial responsibility change is consistent with the Electronic Comments applicable to banks and trust company 8 requirements of Section 17A of the Act • applicants and members applying to use and the rules and regulations Use the Commission’s Internet or using Mutual Fund Services and thereunder applicable to NSCC because comment form (http://www.sec.gov/ Insurance Processing Services would be rules/sro.shtml); or it will assure the safeguarding of • applicable both to Mutual Fund/ securities and funds which are in the Send an E-mail to rule- Insurance Services Members under Rule custody or control of NSCC by [email protected]. Please include File 2 and to Fund Members under Rule 51. enhancing the standards of financial Number SR–NSCC–2003–22 on the Under the proposed standard, a bank responsibility applicable to NSCC subject line. or trust company would be required to members using NSCC’s Mutual Fund have a Tier 1 risk-based capital ratio of Paper Comments Services and Insurance Processing at least 6% or greater. A trust company • Send paper comments in triplicate Service and thereby should help NSCC which is not required to calculate a risk- to Jonathan G. Katz, Secretary, protect itself and its participants from based capital ratio by its regulators will Securities and Exchange Commission, undue financial risk. be required to have at least $2,000,000 450 Fifth Street, NW., Washington, DC in capital. 20549–0609. All submissions should As applied to banks, the revised 7 The proposed rule change seeks to make a refer to File Number SR–NSCC–2003– technical amendment to Addendum B regarding the criteria will apply the standard adopted capital standards applicable to bank applicants for 22. This file number should be included by the Federal Deposit Insurance full membership under NSCC Rule 2. In particular, on the subject line if e-mail is used. To Corporation (‘‘FDIC’’) to compute risk- the proposed rule change amends Section I.B.2.(a)(i) help the Commission process and based capital ratios. The proposed by replacing the listed components of bank capital review your comments more efficiently, with a reference to bank capital as it is defined in standard of a minimum Tier 1 risk- the Consolidated Report of Condition (‘‘CALL please use only one method. The based capital ratio of 6% is currently Report’’). Commission will post all comments on categorized as ‘‘well-capitalized’’ under 8 15 U.S.C. 78q–1. the Commission’s Internet Web site

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(http://www.sec.gov/rules/sro.shtml). Amendment No. 1 to the proposal.3 On current NYSE Rule 103C occur under Copies of the submission, all subsequent August 3, 2004, the NYSE submitted the oversight of the QOMC before a amendments, all written statements Amendment No. 2 to the proposal.4 subcommittee consisting of, among with respect to the proposed rule The proposed rule change, as others, certain Exchange officials. In the change that are filed with the amended, was published for notice and NYSE’s view, this process no longer Commission, and all written comment in the Federal Register on makes sense given the recent changes to communications relating to the August 20, 2004.5 The Commission the Exchange’s governance structure.6 proposed rule change between the received no comment letters on the For these reasons, the Exchange is Commission and any person, other than proposal. This order approves the proposing a new mediation process those that may be withheld from the proposed rule change, as amended by under proposed Section 806.01 of its public in accordance with the Amendment Nos. 1 and 2. Listed Company Manual. provisions of 5 U.S.C. 552, will be II. Description of the Proposal Under proposed Section 806.01, if a available for inspection and copying in listed company wishes to request a the Commission’s Public Reference The Exchange has proposed to remove change of specialist unit, it would file Section, 450 Fifth Street, NW., NYSE Rule 103C, which currently a notice (the ‘‘Issuer Notice’’) with the Washington, DC 20549. Copies of such governs listed company relations Corporate Secretary of the Exchange to filing also will be available for proceedings, and to replace it with that effect, stating the specific issues inspection and copying at the principal proposed Section 806.1 of the that prompted the request and what office of NSCC and on NSCC’s Web site Exchange’s Listed Company Manual. steps, if any, it has taken to address the at http://www.nscc.com/legal/. All The Exchange also has proposed to add issues.7 The Exchange’s Corporate comments received will be posted a related Policy Note to NYSE Rule Secretary would provide copies of the without change; the Commission does 103B, which governs specialist stock Issuer Notice to the Exchange’s not edit personal identifying allocation. Currently, if a listed Regulatory Group and the New Listings information from submissions. You company has a non-regulatory dispute & Client Service Division. The Corporate should submit only information that with its specialist unit, NYSE Rule 103C Secretary also would notify the you wish to make available publicly. provides for a mediation process known specialist unit that a Listed Company All submissions should refer to File as a ‘‘Listed Company Relations Change of Specialist Mediation Number SR–NSCC–2003–22 and should Proceeding.’’ In order to resolve the (‘‘Mediation’’) is being commenced, and be submitted on or before January 3, issue, this proceeding is facilitated by would provide a copy of the Issuer 2005. the Listed Company Relations Notice to the specialist unit. The For the Commission by the Division of Subcommittee, a subcommittee of the specialist unit would be granted two Market Regulation, pursuant to delegated Quality of Markets Committee weeks to respond to the Issuer Notice, authority.9 (‘‘QOMC’’). If the matter remains with the last date of that period referred Jill M. Peterson, unresolved, the Subcommittee prepares to as the ‘‘Specialist Response Date.’’ Assistant Secretary. a report making recommendations to the The Exchange would appoint a [FR Doc. E4–3604 Filed 12–10–04; 8:45 am] QOMC. The QOMC, in turn, reviews the committee (the ‘‘Mediation Committee’’) BILLING CODE 8010–01–P Subcommittee’s report and makes to facilitate the Mediation between the recommendations to the Exchange’s listed company and the specialist unit, Board of Directors. After reviewing the which would consist of at least one floor SECURITIES AND EXCHANGE QOMC’s recommendations and giving broker representative of the NYSE’s COMMISSION the parties to the mediation proceeding Board of Executives (‘‘BOE’’), at least an opportunity to present their written [Release No. 34–50810; File No. SR–NYSE– one BOE investor representative, and at 2004–04] views, the Board of Directors ultimately least one listed company representative is authorized to direct the Allocation of the BOE. As soon as practicable after Self-Regulatory Organizations; Order Committee to reallocate the listed the expiration of the Specialist Approving Proposed Rule Change and company’s stock to a different specialist Response Date, the Mediation Amendment Nos. 1 and 2 Thereto by unit. The Exchange has stated that the Committee would commence a meeting the New York Stock Exchange, Inc. To process for a Listed Company Relations with the representatives of the listed Amend Its Rules Regarding Listed Proceeding is ‘‘cumbersome and company and the specialist unit to Company Relations Proceedings extremely lengthy.’’ The Exchange has attempt to mediate the matters indicated further noted that proceedings under December 7, 2004. in the Issuer Notice. 3 At any time after the filing of the I. Introduction See letter from Darla C. Stuckey, Corporate Secretary, NYSE, to Nancy J. Sanow, Assistant Issuer Notice, the listed company may On February 9, 2004, the New York Director, Division of Market Regulation file a written notice with the Corporate Stock Exchange, Inc. (‘‘NYSE’’ or (‘‘Division’’), Commission, dated March 26, 2004 (‘‘Amendment No. 1’’). Amendment No. 1 replaced Secretary stating that it is concluding ‘‘Exchange’’) filed with the Securities the proposed rule text in the original proposal to and Exchange Commission reflect changes in NYSE Rule 103C that the 6 See Securities Exchange Act Release No. 48946 (‘‘Commission’’), pursuant to section Commission had recently approved. See Securities (December 17, 2003), 68 FR 74678 (December 24, 19(b)(1) of the Securities Exchange Act Exchange Act Release No. 49345 (March 1, 2004), 2003) (SR–NYSE–2003–34). See also, Securities of 1934 (‘‘Act’’) 1 and Rule 19b–4 69 FR 10791 (March 8, 2004). Exchange Act Release No. 49345 (March 1, 2004), 4 See letter from Darla C. Stuckey, Corporate 69 FR 10791 (March 8, 2004) (SR–NYSE–2004–02). 2 thereunder, a proposed rule change to Secretary, NYSE, to Nancy J. Sanow, Assistant 7 The Exchange represents that the proposed rule amend its rules regarding listed Director, Division, Commission, dated August 2, would be added to Section 8.06 of its Listed company relations proceedings. On 2004 (‘‘Amendment No. 2’’). Amendment No. 2 Company Manual (which includes the provision March 29, 2004, the NYSE submitted deleted NYSE rule 103C and replaced it with under which listed companies may voluntarily proposed Section 806.01 in the Exchange’s Listed delist from the Exchange), because ‘‘under these Company Manual and a proposed Policy Note in circumstances, the change of specialist represents 9 17 CFR 200.30–3(a)(12). NYSE Rule 103B. an issuer choice: in this case, a choice to change 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 50196 its specialist rather than a choice to change the 2 17 CFR 240.19b–4. (August 13, 2004), 69 FR 51740. market on which the company is listed.’’

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the Mediation because it wishes to securities exchange,8 particularly Commission believes that the proposed continue with the same specialist unit. Section 6(b)(5) of the Act.9 Section Mediation process, while more Simultaneous with the mediation 6(b)(5) requires, among other things, simplified and expedited than the process, the Regulatory Group would that a national securities exchange’s current process, would provide an review the Issuer Notice and any rules be designed to promote just and appropriate mechanism for the specialist response, and would have the equitable principles of trade, to remove Exchange’s Regulatory Group to authority to request a review of the impediments to and perfect the maintain independent oversight over a matter by the Exchange’s Regulatory mechanism of a free and open market listed company’s request to change Oversight Committee, a standing and a national market system, and, in specialist units, to ascertain that such committee of the Exchange’s Board of general, to protect investors and the requests are confined to non-regulatory Directors composed wholly of public interest. reasons, and to obtain a review by the independent NYSE directors. Where a The Commission believes that the Regulatory Oversight Committee when review by the Regulatory Oversight proposed rule change appropriately appropriate. Committee has been requested, no balances the need to revise the current The Commission believes that the change of the specialist unit can occur mediation process for resolution of proposal to simplify the procedures and until the Regulatory Oversight disputes between listed companies and shorten the timeframe for the mediation Committee makes a final determination their assigned specialist units, which of disputes between a listed company that it is appropriate to permit such a the Exchange represents is and its specialist unit should not impair change. The Regulatory Oversight ‘‘cumbersome and extremely lengthy,’’ the ability of the listed company and the Committee, in making its determination, with the need to incorporate appropriate specialist unit to fully discuss and would consider all relevant regulatory procedures that are designed to provide attempt to resolve any non-regulatory issues, including without limitation that any such mediation is subject to issues, under the auspices of the whether the requested change appears review by the Exchange’s Regulatory Mediation Committee. The Commission to be in aid or furtherance of conduct Group and, in turn, by its Regulatory notes that the proposed rule change that is illegal or violates Exchange rules, Oversight Committee. While the requires the Mediation Committee to or in retaliation for a refusal by a proposal shortens the current timeframe commence meeting with the specialist to engage in conduct that is for resolving a dispute between the representatives of the listed company illegal or violates Exchange rules. listed company and the specialist unit and the specialist unit ‘‘as soon as Furthermore, notwithstanding the to three months, it also introduces the practicable’’ after the specialist unit has Regulatory Group’s review of any matter involvement of the Exchange’s submitted its written response to the raised during this process, the Regulatory Group in the mediation Issuer’s Notice, and does not limit the Regulatory Group would be able, at any process to assure that the requested Mediation Committee and the parties time, to take any regulatory action that change of specialist unit is for non- from meeting as many times as it may determine to be warranted. regulatory purposes. The Regulatory necessary to discuss and address concerns that the listed company has After the expiration of three months Group would be provided copies of any with its specialist unit. The proposal from the Specialist Response Date, the Issuer Notice and response to such further provides that at any time the listed company would be able to file a Notice by the specialist unit. The listed company may file a written notice written notice with the Exchange’s Regulatory Group is accorded the right concluding the Mediation because the Corporate Secretary stating that it to take any regulatory action that it may listed company wishes to continue with wishes to proceed with the change of determine to be warranted at any time the same specialist unit. Therefore, the during the Mediation. In addition, the specialist unit. Subject to any ongoing Commission believes that the proposed Regulatory Group is permitted to review of the Regulatory Oversight Mediation process should provide the request a review of the matter by the Committee, as soon as practicable listed company and the specialist unit Regulatory Oversight Committee, a thereafter, the listed company’s security ample opportunity to discuss and committee composed entirely of would be submitted for allocation under attempt to resolve any non-regulatory independent directors. When a review Exchange Rule 103B. Under the issues. proposed Policy Note to Exchange Rule by the Regulatory Oversight Committee The Commission also believes that the 103B, the currently-assigned specialist has been requested, no change of proposal provides appropriate unit would not be prohibited from specialist unit may occur until after the procedures for reallocating a security applying for allocation of the security. Regulatory Oversight Committee makes after a change of special unit and for Furthermore, the proposed Policy Note a final determination that it is subsequent allocation decisions would state that no negative inference appropriate to permit such a change. affecting a specialist unit that is subject for allocation or regulatory purposes The Regulatory Oversight Committee, in to such a change. The Commission notes would be made against the specialist making its determination of whether to that the proposed addition to the Policy unit in the event that the specialist unit permit a change in specialist unit, may Notes to NYSE Rule 103B, which is changed pursuant to the process consider all relevant regulatory issues, governs specialist stock allocation, outlined above, nor would the specialist including whether the requested change would lift the current prohibition on a unit be afforded preferential treatment appears to be in aid or furtherance of specialist reapplying for an allocation of in subsequent allocations as a result of conduct that is illegal or violates the security after the listed company has a change pursuant to a Mediation. Exchange rules, or is in retaliation for a requested to change its specialist unit refusal by a specialist to engage in for a particular security. The proposal III. Discussion and Commission conduct that is illegal or violates Findings also would retain the provision that no Exchange rules. Therefore, the preferential treatment for subsequent The Commission has reviewed the allocation would be demonstrated to a proposed rule change, as amended, and 8 In approving this proposed rule change, the specialist unit that was a party to a finds that it is consistent with the Act Commission notes that it has considered the proposed rule’s impact on efficiency, competition, Mediation. Furthermore, the proposal and the rules and regulations and capital formation. See 15 U.S.C. 78c(f). would state that no negative inference thereunder applicable to a national 9 15 U.S.C. 78f(b)(5). for allocation or regulatory purposes

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would be made against a specialist unit (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Fund (‘‘Fund’’),4 a series of the iShares in the event that a listed company notice is hereby given that on October Trust (‘‘Trust’’).5 Fund shares will be requests a Mediation. The Commission 15, 2004, the Pacific Exchange, Inc. deemed equity securities subject to believes that it is appropriate to permit (‘‘PCX’’ or ‘‘Exchange’’), through its PCXE rules governing the trading of a specialist unit to apply for the wholly owned subsidiary PCX Equities, equity securities.6 Because the Fund allocation of the security—should the Inc. (‘‘PCXE’’), filed with the Securities invests in non-U.S. securities not listed specialist choose to apply for the and Exchange Commission on a national securities exchange or the allocation—despite the fact that the (‘‘Commission’’) the proposed rule Nasdaq Stock Market, the Fund does not listed company and the specialist unit change as described in Items I and II meet the ‘‘generic’’ listing requirements have been parties to a Mediation. There below, which Items have been prepared of PCXE Rule 5.2(j)(3), Commentary .01, is the possibility, although it may be by the Exchange. The Commission is applicable to the listing of ICUs remote, that the specialist unit may be publishing this notice to solicit pursuant to Rule 19b–4(e) under the assigned to the listed company, so the comments on the proposed rule change Act, and therefore cannot be listed on a specialist unit should not be barred from interested persons and is national securities exchange without a from applying for the allocation, approving the proposal on an filing pursuant to Rule 19b–4 under the particularly if a non-regulatory matter accelerated basis. Act. between the parties has been vented As set forth in detail below, the Fund through a mediation process. The I. Self-Regulatory Organization’s will hold certain securities and other Commission also believes that it is Statement of the Terms of Substance of instruments selected to correspond appropriate for the Exchange to have the Proposed Rule Change generally to the performance of the policies in place that would prevent any The PCX proposes to amend its rules FTSE/Xinhua China 25 Index negative inference to be drawn for governing the Archipelago Exchange (‘‘Underlying Index’’). The Fund was allocation or regulatory purposes and (‘‘ArcaEx’’), the equities trading facility created to qualify as a ‘‘regulated that would prohibit the specialist unit of PCXE, to list and trade, or trade investment company’’ (‘‘RIC’’) under the from being afforded preferential pursuant to unlisted trading privileges, Internal Revenue Code (‘‘Code’’).7 treatment in subsequent allocations, the iShares FTSE/Xinhua China 25 Barclays Global Fund Advisors because addressing and resolving a non- Index Fund. (‘‘Advisor’’ or ‘‘BGFA’’) is the regulatory dispute between a listed company and its specialist unit should II. Self-Regulatory Organization’s 4 iShares is a registered trademark of Barclays have no bearing on future allocations of Statement of the Purpose of, and Global Investors, N.A. 5 securities to the specialist unit. Statutory Basis for, the Proposed Rule The Trust is registered under the Investment Change Company Act of 1940, as amended (the ‘‘Investment Accordingly, the Commission finds Company Act’’). On January 22, 2003, the Trust that the proposed rule change is In its filing with the Commission, the filed with the Commission a Registration Statement consistent with the Act. PCX included statements concerning the for the Fund on Form N–1A under the Securities Act of 1933, as amended, and under the Investment IV. Conclusion purpose of, and basis for, the proposed Company Act (File Nos. 333–92935 and 811–09729) rule change and discussed any (as amended, the ‘‘Registration Statement’’). On July It is therefore Ordered, pursuant to 28, 2004, the Trust filed a Form N–1A to update 10 comments it received on the proposed Section 19(b)(2) of the Act, that the rule change. The text of these statements certain Fund information. proposed rule change (SR–NYSE–2004– may be examined at the places specified On September 8, 2004, the Trust filed with the 04), as amended by Amendment Nos. 1 Commission a Second Amended and Restated in Item III below. The Exchange has Application to Amend Orders under Sections 6(c) and 2, is hereby approved. prepared summaries, set forth in and 17(b) of the Investment Company Act for the For the Commission, by the Division of Sections A, B, and C below, of the most purpose of exempting the Fund from various Market Regulation, pursuant to delegated significant aspects of such statements. provisions of the Investment Company Act and the authority.11 rules thereunder (the ‘‘Application’’). See Barclays A. Self-Regulatory Organization’s Global Fund Advisors, et al.; Notice of Application, Jill M. Peterson, Investment Company Act Release No. 26597 Assistant Secretary. Statement of the Purpose of, and (September 14, 2004), 69 FR 56105 (September 17, [FR Doc. E4–3608 Filed 12–10–04; 8:45 am] Statutory Basis for, the Proposed Rule 2004) (File No. 812–12936). The Application Change requested that the Commission amend a prior order BILLING CODE 8010–01–P received by the Advisor, the Trust and the 1. Purpose Distributor on August 15, 2001, as amended (the ‘‘Prior Order’’) to permit the Trust to offer three new SECURITIES AND EXCHANGE The Exchange has adopted listing International ETFs, including the Fund, and to COMMISSION standards applicable to Investment permit the Fund, along with certain other Company Units (‘‘ICUs’’), which are International ETFs, to invest in certain depositary receipts, as described below. See also In the Matter [Release No. 34–50799; File No. SR–PCX– consistent with the listing criteria 2004–99] of iShares Trust, et al., Investment Company Act currently used by the American Stock Release No. 25111 (August 15, 2001) (File No. 812– 12254); Barclays Global Fund Advisors, et al., Self-Regulatory Organizations; Notice Exchange LLC and other national securities exchanges, and trading Investment Company Act Release No. 25078 (July of Filing and Order Granting 24, 2001), 66 FR 39377 (July 30, 2001) (File No. Accelerated Approval of Proposed standards pursuant to which the 812–12254). In the Matter of iShares, Inc., et al., Rule Change by the Pacific Exchange, Exchange may either list and trade ICUs, Investment Company Act Release No. 25623 (June or trade such ICUs on the Exchange on 25, 2002); In the Matter of iShares Trust, et al., Inc. Relating to Listing and Trading Investment Company Act Release No. 26006 (April  an unlisted trading privileges (‘‘UTP’’) iShares FTSE/Xinhua China 25 Index 3 15, 2003) (relating to Prior Order). On October 5, Fund basis. The Exchange now proposes to 2004, the Commission approved the Application. list and trade, or trade on a UTP basis, See Barclays Global Fund Advisors, et al., December 6, 2004. under PCXE Rule 5.2(j)(3), shares of the Investment Company Act Release No. 26626 Pursuant to Section 19(b)(1) of the iShares FTSE/Xinhua China 25 Index (October 5, 2004) (‘‘Amended Order’’). 6 Telephone conversation between Tania J.C. Securities Exchange Act of 1934 Blanford, Staff Attorney, PCX, and Natasha Cowen, 1 15 U.S.C. 78s(b)(1). Attorney, Division of Market Regulation 10 15 U.S.C. 78s(b)(2). 2 217 CFR 240.19b–4. (‘‘Division’’), Commission, on December 6, 2004. 11 17 CFR 200.30–3(a)(12). 3 See PCXE Rule 5.2(j)(3). 7 See also infra note 12.

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investment advisor to the Fund. The offered, or sold by FXI. FXI is not of a calendar quarter a Fund would not Advisor is registered under the affiliated with a broker or dealer. comply with the RIC diversification Investment Advisers Act of 1940. The tests, the Advisor would make (a) Operation of the Fund 11 Advisor is the wholly owned subsidiary adjustments to the portfolio to ensure of Barclays Global Investors, N.A. The investment objective of the Fund continued RIC status. (‘‘BGI’’), a national banking association. is to provide investment results that The Underlying Index is a theoretical BGI is an indirect subsidiary of Barclays correspond generally to the price and financial calculation while the Fund is Bank PLC of the United Kingdom. SEI yield performance of the Underlying an actual investment portfolio. The Investments Distribution Co. Index. In seeking to achieve its performance of the Fund and the (‘‘Distributor’’), a Pennsylvania investment objective, the Fund utilizes Underlying Index will vary somewhat corporation and broker-dealer registered ‘‘passive’’ indexing investment due to transaction costs, market impact, under the Act, is the principal strategies. The Fund may fully replicate corporate actions (such as mergers and underwriter and distributor of Creation the Underlying Index, but currently spin-offs) and timing variances. It is Unit Aggregations of iShares.8 The intends to use a ‘‘representative expected that, over time, the correlation Distributor is not affiliated with the sampling’’ strategy to track its between the Fund’s performance and Exchange or the Advisor. The Trust has Underlying Index. A Fund utilizing a that of the Underlying Index, before fees appointed Investors Bank & Trust Co. to representative sampling strategy and expenses, will be 95% or better. A act as administrator (‘‘Administrator’’), generally will hold a basket of the figure of 100% would indicate perfect custodian, fund accountant, transfer component securities of its Underlying correlation. Any correlation of less than agent, and dividend disbursing agent for Index (‘‘Component Securities’’), but it 100% is called ‘‘tracking error.’’ The the Fund. The performance of the may not hold all of the Component Fund’s investment objectives, policies, Administrator’s duties and obligations Securities. The Application states that and investment strategies will be fully will be conducted within the provisions the representative sampling techniques disclosed in its prospectus of the Investment Company Act and the to be used by the Advisor to manage the (‘‘Prospectus’’) and statement of rules thereunder. There is no affiliation Fund do not differ from the additional information (‘‘SAI’’). between the Administrator and the representative sampling techniques it The Fund will not concentrate its Trust, the Advisor, or the Distributor. uses to manage the funds that were the investments (i.e., hold 25% or more of 9 FTSE/Xinhua Index Ltd. (‘‘FXI’’), the subject of the Prior Order. its assets) in a particular industry or sponsor and compiler of the FTSE/ From time to time, adjustments may group of industries, except that the Xinhua China 25 Index, is not affiliated be made in the portfolio of the Fund in Fund will concentrate its investments to with the Trust, the Administrator, the accordance with changes in the approximately the same extent that the Distributor, or with the Advisor or its composition of the Underlying Index or Underlying Index is so concentrated. 10 affiliates. The Fund is not sponsored, to maintain compliance with For purposes of this limitation, requirements applicable to a RIC under 8 See infra note 24 and accompanying text. the Code.12 For example, if at the end may be invested in securities of any one issuer, or 9 FXI is a Hong Kong incorporated, joint venture two or more issuers that are controlled by the Fund company between FTSE, the global index company, (within the meaning of Section 851(b)(4)(B) of the and Xinhua Financial Network. on the FTSE/Xinhua Index Committee is not and will not be involved in the operations of the Code) and that are engaged in the same or similar 10 Although FXI is not an affiliated person, or an trades or business (other than U.S. government affiliated person of an affiliated person of the Advisor or the Fund, and is and will not be involved in any capacity with the Fund’s Board of securities of other RICs). Advisor, an employee of Barclays Global Investors, ‘‘Other securities’’ of an issuer are considered North Asia Limited (‘‘BGIL’’), an affiliate of the Trustees. BGI and BGIL have adopted policies that limit the use of confidential and proprietary qualifying assets only if they meet the following Advisor currently serves as one of the 19 members conditions: of the FTSE/Xinhua Index Committee. Telephone information about portfolio management decisions The entire amount of the securities of the issuer conversation between Tania J.C. Blanford, Staff to those persons whose duties require and permit Attorney, PCX, and Natasha Cowen, Attorney, them to have access to such information and have owned by the company is not greater in value than Division, Commission, on November 17, 2004. The instituted procedures designed to prevent the 5% of the value of the total assets of the company; FTSE/Xinhua Index Committee provides improper dissemination and use of such and the entire amount of the securities of such practitioner input into the construction of the information. BGIL and BGFA are separate legal issuer owned by the company does not represent FTSE/Xinhua indices and independent oversight to entities and do not share employees, office space, more than 10% of the outstanding voting securities ensure that relevant index construction rules are trading floors or portfolio management systems. of such issuer. being followed. The role of the Index Committee is 11 The information provided herein is based on Under the second diversification requirement, the to review the appropriateness of existing information included in the Application and the ‘‘25% diversification limitation,’’ a company may Underlying Index rules, to provide oversight to Prior Order. While the Advisor manages the Fund, not invest more than 25% of the value of its assets ensure that Underlying Index rules are properly the Fund’s Board of Directors has overall in any one issuer or two issuers or more that the followed and to recommend changes to the rules in responsibility for the Fund’s operations. The taxpayer controls. response to changes in the underlying market that composition of the Board is, and would be, in Compliance with the above referenced RIC asset the Underlying Index seeks to represent. Input from compliance with the requirements of Section 10 of diversification requirements are monitored by the persons or experts (i.e., practitioners) who have the Investment Company Act. The Fund is subject Adviser and any necessary adjustments to portfolio applicable industry knowledge of the underlying to and must comply with PCXE Rule 5.3(k)(5), issuer weights will be made on a quarterly basis or market the Underlying Index seeks to represent which requires that the Fund have an audit as necessary to ensure compliance with RIC helps ensure that the published Underlying Index committee that complies with Rule 10A–3 under requirements. When an iShares fund’s underlying rules and the implementation of such rules the Act. index itself is not RIC compliant, the Adviser adequately reflect current developments in the 12 In order for the Fund to qualify for tax generally employs a representative sampling underlying market. Any such input would be treatment as a RIC, it must meet several indexing strategy (as described in the Fund’s provided in accordance with the published requirements under the Code. Among these is a prospectus) in order to achieve the fund’s Underlying Index rules and methodology. The requirement that, at the close of each quarter of the investment objective. index compilation functions of FXI and the FTSE/ Fund’s taxable year, (1) at least 50% of the market The Fund’s prospectus also gives the Fund Xinhua Index Committee are, and will remain, value of the Fund’s total assets must be represented additional flexibility to comply with the completely separate and independent of the by cash items, U.S. government securities, requirements of the Code and other regulatory portfolio management functions of BGFA. FXI and securities of other RICs and other securities, with requirements and to manage future corporate the FTSE/Xinhua Index Committee have adopted such other securities limited for the purpose of this actions and index changes in smaller markets by policies that prohibit the dissemination and use of calculation with respect to any one issuer to an investing a percentage of Fund assets in securities confidential and proprietary information about the amount not greater than 5% of the value of the that are not included in the Underlying Index or in Underlying Index and have instituted procedures Fund’s assets and not greater than 10% of the American Depositary Receipts (‘‘ADRs’’) and Global designed to prevent the improper dissemination outstanding voting securities of such issuer; and (2) Depositary Receipts (‘‘GDRs’’), representing such and use of such information. The BGIL employee not more than 25% of the value of its total assets securities.

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securities of the U.S. Government Underlying Index.17 The Exchange liquidity and weightings are capped to (including its agencies and understands that the Fund does not avoid over-concentration in any one instrumentalities), repurchase currently intend to invest in Depositary stock. The inception date of the agreements collateralized by U.S. Receipts but reserves the flexibility to Underlying Index was March 2001. Government securities, and securities of do so.18 As with the existing iShares As of December 31, 2003, the state or municipal governments and funds, BGFA represents that the Underlying Index’s top three holdings their political subdivisions are not expected tracking error of the Fund were BOC Hong Kong (Holdings), considered to be issued by members of relative to the performance of its PetroChina and China Mobile and the any industry. Underlying Index will be no more than Underlying Index’s top three industries The Fund will at all times invest at 5%. were oil and gas, telecommunications least 80% of its assets in Component The Exchange believes that these services, and banks.19 Securities and in depositary receipts requirements and policies prevent the As of October 12, 2004, the FTSE/ representing Component Securities Fund from being excessively weighted Xinhua China 25 Index components had (‘‘Depositary Receipts’’) 13 and at least in any single security or small group of a total market capitalization of half of the remaining 20% of its assets securities and significantly reduce approximately $155 billion and a float- concerns that trading in the Fund could adjusted market capitalization of in Component Securities, Depositary 20 Receipts, or stocks included in the become a surrogate for trading in approximately $42 billion. The Chinese market, but not included in the unregistered securities. average total market capitalization was approximately $6.4 billion and the Underlying Index. To the extent the (b) Description of the Fund and the Fund invests in ADRs, they will be average float-adjusted market Underlying Index (FTSE/Xinhua China capitalization was approximately $1.7 listed on a national securities exchange 25 Index) or Nasdaq. Other Depositary Receipts billion. The ten largest constituents represented approximately 60.1% of the will be listed on a foreign exchange. The FXI is a Hong Kong incorporated, Underlying Index weight. The five Fund will not invest in any unlisted joint venture company between FTSE, highest weighted stocks, which Depositary Receipts or any listed the global index company, and Xinhua represented 39.9% of the Underlying Depositary Receipts that the Advisor Financial Network (‘‘XFN’’). The Index weight, had an average daily deems to be illiquid or for which pricing company was created to facilitate the trading volume in excess of 56.9 million information is not readily available.14 development of real-time indices for the shares during the past three months. All The Fund may also invest up to 10% of Chinese market that can be used as of the Component Securities traded at its assets in certain futures, options, and performance benchmarks and as a basis least 250,000 shares in each of the swap contracts and cash and cash for derivative trading and index tracking previous three months. equivalents, including money market funds. FTSE is an independent funds advised by the Advisor 15 and company whose sole business is the Index Methodology creation and management of indices and other exchange traded funds (including Component Selection Criteria. The other iShares funds).16 For example, the associated data services. FTSE FTSE/Xinhua China 25 Index is rule Fund may invest in securities not originated as a joint venture between the based and is monitored by a governing included in the Underlying Index to Financial Times and the London Stock committee. The FTSE/Xinhua China 25 reflect prospective changes in the Exchange. FTSE calculates over 60,000 Index Committee (‘‘Index Committee’’) Underlying Index (such as future indices daily, including more than 600 is responsible for conducting the corporate actions and index real-time indices. XFN is an quarterly review of constituents of the reconstitutions, additions, and independent financial information Underlying Index and for making deletions). provider that focuses on China’s changes to the Underlying Index in The Fund intends to hold all of the markets. XFN is based in Hong Kong accordance with the Underlying Index securities in the Underlying Index that and Beijing. procedures.21 are listed on the Hong Kong Stock Index Description Eligibility. Each Component Security Exchange. The Fund does not intend to will be a current constituent of the FTSE hold any B-shares which are listed on The Underlying Index is designed to All-World Index. All classes of equity Chinese markets and included in the represent the performance of the largest securities in issue are eligible for companies in the mainland China inclusion in the Underlying Index equity market that are available to 13 For the purposes of this order, ‘‘Depositary subject to conforming with free-float Receipts’’ are ADRs and GDRs. international investors. The Underlying and liquidity restrictions. H shares, Red 14 In addition, the Exchange understands that all Index includes 25 of the largest and Chip shares and B shares are eligible for Depositary Receipts must be sponsored (with the most heavily traded Chinese companies. inclusion in the Underlying Index.22 As exception of certain pre-1984 ADRs that are listed Component Securities are weighted but unsponsored because they were grandfathered). Telephone conversation between Tania J.C. based on the free-float adjusted total 19 Information on Underlying Index constituents Blanford, Staff Attorney, Regulatory Policy, Ryan market value of their shares, so that was attached to the proposed rule change as Exhibit Johnson, Listings Qualifications Specialist, PCX, securities with higher total market A, available at the places specified in Item III Tim Elliott, Regulatory Counsel, Archipelago values generally have a higher below. Holdings, LLC, and Ira Brandriss, Assistant 20 Float-adjusted market capitalization includes Director, Lisa Jones, Special Counsel, and Natasha representation in the Underlying Index. shares available in the market for public Cowen, Attorney, Division, Commission, on Component Securities are screened for investment, and reflects free-float adjustments to November 9, 2004. the Underlying Index in accordance with FTSE’s 15 See In the Matter of Master Investment 17 See infra note 22. free float rules. Additional information regarding Portfolio, et al., Investment Company Act Release 18 Telephone conversation between Tania J.C. FTSE’s free float adjustment methodology is No. 25158 (September 18, 2001). Blanford, Staff Attorney, Regulatory Policy, Ryan available on http://www.ftse.com. 16 The Fund, as well as any existing iShares fund, Johnson, Listings Qualifications Specialist, PCX, 21 See also supra note 10. is permitted to invest in shares of another iShares Tim Elliott, Regulatory Counsel, Archipelago 22 ‘‘H’’ Shares—H shares are shares of companies fund to the extent that such investment is Holdings, LLC, and Ira Brandriss, Assistant incorporated in China and listed and traded on the consistent with the Fund’s investment objective, Director, Lisa Jones, Special Counsel, and Natasha Hong Kong Stock Exchange. They are quoted and registration statement, and any applicable Cowen, Attorney, Division, Commission, on traded in Hong Kong and U.S. dollars. Like other investment restrictions. November 9, 2004. securities trading on the Hong Kong Stock

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of September 24, 2004, only one rules and procedures. The FTSE Global published every minute during the Component Security was B shares Classification Committee is responsible Underlying Index period (09:15–16:00 (approximately 1% of the Underlying for the industry classification of Local Hong Kong Time) or (17:15–24:00 Index). FXI expects to eventually constituents of the Underlying Index U.S. Pacific Daylight Time). It is eliminate B shares from the Underlying within the FTSE Global Classification available real-time directly from FTSE Index. System. The FTSE Global Classification and from the following vendors: Float-Adjusted Market Capitalization. Committee may approve changes to the Reuters, Bloomberg, Telekurs, FTID and When calculating a company’s index FTSE Global Classification System and LSE/Proquote. The end of day weights, individual constituents’ shares Management Rules. FXI appoints the Underlying Index value is distributed at held by governments, corporations, Chairman and Deputy Chairman of the 16:15 (Local Hong Kong Time). Daily strategic partners, or other control Index Committee. The Chairman chairs values will also be made available to the groups are excluded from the company’s meetings of the Committee and Financial Times Asia edition and other shares outstanding. Shares owned by represents the Committee in outside major newspapers and will be available other companies are also excluded meetings. Adjustments to reflect a major at the FTSE Index Services Web site: regardless of whether such companies change in the amount or structure of a http://www.ftse.com. The Underlying are Underlying Index constituents. constituent company’s issued capital Index uses Hong Kong Stock Exchange Where a foreign investment limit will be made before the start of the trade prices and Reuters real-time spot exists at the sector or company level, the Underlying Index calculation on the day currency rates. A total return index constituent’s weight will reflect either on which the change takes effect. value that takes into account reinvested the foreign investment limit or the Adjustments to reflect less significant dividends is published daily at the end percentage float, whichever is the more changes will be implemented before the of day. The Underlying Index is not restrictive.23 start of the Underlying Index calculation calculated on days that are holidays in Stocks are screened to ensure there is on the day following the announcement Hong Kong. sufficient liquidity to be traded. Factors of the change. All adjustments are made The daily closing Underlying Index in determining liquidity include the before the start of the Underlying Index value, historical values, constituents’ availability of current and reliable price calculations on the day concerned, weighting, constituents’ market information and the level of trading unless market conditions prevent this. capitalization and daily percentage volume relative to shares outstanding. A company will be inserted into the changes are publicly available from Value traded and float turnover are also Underlying Index at the periodic review http://www.ftsexinhua.com. All analyzed on a monthly basis to ensure if it rises to 15th position or above when corporate actions and rules relating to ample liquidity. Fundamental analysis the eligible companies are ranked by the management of the Underlying is not part of the selection criteria for full market value before the application Index are also available from the Web inclusion or exclusion of stocks from of any investibility weightings. A site. the Underlying Index. The financial and company in the Underlying Index will Exchange Rates and Pricing. The operating conditions of a company are be deleted at the periodic review if it Underlying Index uses Reuters real-time not analyzed. falls to 36th position or below when the foreign exchange spot rates and local Index Maintenance and Issue eligible companies are ranked by full stock exchange real-time security prices. Changes. The Index Committee is market value before the application of The Underlying Index is calculated in responsible for undertaking the review any investibility weightings. Any Hong Kong Dollars. Non-Hong Kong of the Underlying Index and for deletion to the Underlying Index will Dollar denominated constituent prices approving changes of constituents in simultaneously entail an addition to the are converted to Hong Kong Dollars to accordance with the Underlying Index Underlying Index in order to maintain calculate the Underlying Index. The 25 Underlying Index constituents at all Reuters foreign exchange rates and Hong Exchange, there are no restrictions on who can times. Kong Stock Exchange prices received at trade H shares. Revisions to the Float Adjustments. the closing time of the Underlying Index ‘‘Red Chip’’ Shares—Red Chip shares are shares The Underlying Index is reviewed are used to calculate the final of companies incorporated in Hong Kong and trade quarterly for changes in free float. These Underlying Index levels. on the Hong Kong Stock Exchange. They are quoted reviews will coincide with the quarterly in Hong Kong dollars. Red Chip companies may be (c) Issuance of iShares in Creation Unit substantially owned directly or indirectly by the reviews undertaken of the Underlying Chinese Government and have the majority of their Index as a whole. Implementation of Aggregations business interests in mainland China. any changes will be after the close of the The issuance and redemption of H shares and Red Chip shares trade on the Hong Underlying Index calculation on the Creation Unit Aggregations will operate Kong Stock Exchange, typically on a T + 2 basis, third Friday in January, April, July, and through a central book-entry system that effectively in a manner identical to that of the guarantees settlement of exchange trades by broker- October. funds that are the subject of the Prior dealers. Quarterly Index Rebalancing. The Order. ‘‘B’’ Shares—B shares are shares of companies quarterly review of the Underlying (i) In General. Shares of the Fund (the incorporated in China and trade on either the Index constituents takes place in ‘‘iShares’’) will be issued on a Shanghai or Shenzhen stock exchanges. They are January, April, July, and October. Any quoted in U.S. dollars on the Shanghai Stock continuous offering basis in groups of Exchange and Hong Kong dollars on the Shenzhen constituent changes will be 50,000 or more. These ‘‘groups’’ of Stock Exchange. They can be traded by non- implemented on the next trading day shares are called ‘‘Creation Unit residents of the People’s Republic of China and also following the third Friday of the same Aggregations.’’ The Fund will issue and residents of the People’s Republic of China with month of the review meeting. Details of appropriate foreign currency dealing accounts. redeem iShares only in Creation Unit There is no true ‘‘delivery versus payment’’ the outcome of the review and the dates Aggregations.24 settlement for B shares. B shares settle in the local on which any changes are to be As with other open-end investment markets and cash settles subsequently in foreign implemented will be published as soon companies, iShares will be issued at the depositaries or local banks. as possible after the Index Committee 23 The Exchange understands that there are no net asset value (‘‘NAV’’) per share next foreign ownership limits with the current meeting has concluded. constituents to the FTSE/Xinhua China 25 Index Index Availability. The Underlying 24 Each Creation Unit Aggregation consists of and that, as such, the percentage float will be used. Index is calculated in real-time and 50,000 or more iShares.

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determined after an order in proper Amount.26 The deposit of the requisite Underlying Index or resulting from form is received. Deposit Securities and the Balancing certain corporate actions. The NAV per share of the Fund is Amount are collectively referred to (d) Availability of Information determined as of the close of the regular herein as a ‘‘Fund Deposit.’’ The Regarding iShares and the Underlying trading session on the NYSE on each Advisor will make available to NSCC Index day that the NYSE is open. The Trust participants 27 through the NSCC on sells Creation Unit Aggregations of the each business day, prior to the opening On each business day the list of Fund only on business days at the next of trading on the NYSE (currently 9:30 names and amount of each security determined NAV of the Fund. Creation a.m. Eastern Standard Time), the list of constituting the current Deposit Unit Aggregations generally will be the names and the required number of Securities of the Fund Deposit and the issued by the Fund in exchange for the shares of each Deposit Security Balancing Amount effective as of the in-kind deposit of equity securities included in the current Fund Deposit previous business day, per outstanding designated by the Advisor to correspond (based on information at the end of the share of the Fund, will be made generally to the price and yield previous business day) for the Fund. available. An amount per iShare representing the sum of the estimated performance of the Fund’s Underlying The Fund Deposit will be applicable to Balancing Amount effective through and Index (‘‘Deposit Securities’’) and a the Fund (subject to any adjustments to including the previous business day, specified cash payment. Creation Unit the Balancing Amount, as described plus the current value of the Deposit Aggregations generally will be redeemed below) in order to effect purchases of Securities in U.S. dollars, on a per by the Fund in exchange for portfolio Creation Unit Aggregations of the Fund iShare basis (‘‘Intraday Optimized securities of the Fund (‘‘Fund until such time as the next-announced Securities’’) and a specified cash Portfolio Value’’ or ‘‘IOPV’’) is currently Fund Deposit composition is made calculated by an independent third payment. Fund Securities received on available. redemption may not be identical to party (‘‘Value Calculator’’), such as Deposit Securities deposited in The identity and number of shares of Bloomberg L.P., every 15 seconds connection with creations of Creation the Deposit Securities required for the during the Exchange’s Core Trading 28 Unit Aggregations for the same day. Fund Deposit for the Fund will change Session and disseminated every 15 All orders to purchase iShares in from time to time. The composition of seconds on the Consolidated Tape. Creation Unit Aggregations must be the Deposit Securities may change in The IOPV reflects the current value of placed through an Authorized response to adjustments to the the Deposit Securities and the Balancing Participant. An Authorized Participant weighting or composition of the Amount. The IOPV also reflects changes must be either a ‘‘Participating Party,’’ Component Securities. In addition, the in currency exchange rates between the i.e., a broker-dealer or other participant Trust reserves the right to permit or U.S. dollar and the applicable home foreign currency. in the clearing process through the require the substitution of an amount of Since the Fund will utilize a National Securities Clearing Corporation cash—i.e., a ‘‘cash in lieu’’ amount—to be added to the Balancing Amount to representative sampling strategy, the (‘‘NSCC’’) Continuous Net Settlement IOPV may not reflect the value of all System, a clearing agency that is replace any Deposit Security that may not be available in sufficient quantity securities included in the Underlying registered with the SEC, or a Depository Index. In addition, the IOPV does not Trust Company (‘‘DTC’’) participant for delivery or that may not otherwise be eligible for transfer. The Trust also necessarily reflect the precise (‘‘DTC Participant’’), and in each case, composition of the current portfolio of must enter into a Participant Agreement. reserves the right to permit or require a ‘‘cash in lieu’’ amount where the securities held by the Fund at a The Exchange understands that the particular point in time. Therefore, the Fund is currently imposing transaction delivery of the Deposit Security by the Authorized Participant would be IOPV on a per Fund share basis fees in connection with creation and disseminated during the NYSE’s trading 25 restricted under the securities laws or redemption transactions. hours should not be viewed as a real where the delivery of the Deposit (ii) In-Kind Deposit of Portfolio time update of the NAV of the Fund, Security to the Authorized Participant Securities. Payment for Creation Unit which is calculated only once a day. would result in the disposition of the Aggregations will be made by the While the IOPV disseminated by the purchasers generally by an in-kind Deposit Security by the Authorized NYSE at 9:30 a.m. Eastern Standard deposit with the Fund of the Deposit Participant becoming restricted under Time is expected to be generally very Securities together with an amount of the securities laws, or in certain other close to the most recently calculated cash (‘‘Balancing Amount’’) specified by situations. The adjustments described Fund NAV on a per Fund share basis, the Advisor in the manner described above will reflect changes known to the it is possible that the value of the below. The Balancing Amount is an Advisor on the date of announcement to portfolio of securities held by the Fund amount equal to the difference between be in effect by the time of delivery of the may diverge from the Deposit Securities (1) the NAV (per Creation Unit Fund Deposit, in the composition of the values during any trading day. In such Aggregation) of the Fund and (2) the case, the IOPV will not precisely reflect total aggregate market value (per 26 Where the NAV (per Creation Unit the value of the Fund portfolio. Creation Unit Aggregation) of the Aggregation) of the Fund exceeds the Deposit However, during the trading day, the Deposit Securities (such value referred Amount, the purchaser pays the corresponding Balancing Amount to the Fund. Where, by contrast, IOPV can be expected to closely to herein as the ‘‘Deposit Amount’’). The the Deposit Amount exceeds the NAV (per Creation approximate the value per Fund share of Balancing Amount serves the function Unit Aggregation) of the Fund, the Balancing the portfolio of securities for the Fund of compensating for differences, if any, Amount is paid by the Fund to the purchaser. except under unusual circumstances between the NAV per Creation Unit Telephone conversation between Tania J.C. Blanford, Staff Attorney, Regulatory Policy, PCX, (e.g., in the case of extensive Aggregation and that of the Deposit and Natasha Cowen, Attorney, Division, Commission, on December 1, 2004. 28 The Core Trading Session is defined in PCXE 25 Telephone conversation between Tania J.C. 27 Telephone conversation between Tania J.C. Rule 7.34(a). Telephone conversation between Blanford, Staff Attorney, Regulatory Policy, PCX, Blanford, Staff Attorney, Regulatory Policy, PCX, Tania J.C. Blanford, Staff Attorney, Regulatory and Natasha Cowen, Attorney, Division, and Natasha Cowen, Attorney, Division, Policy, PCX, and Natasha Cowen, Attorney, Commission, on November 17, 2004. Commission, on November 17, 2004. Division, Commission, on October 28, 2004.

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rebalancing of multiple securities in a format displaying the frequency Securities received upon redemption are Fund at the same time by the Advisor). distribution of discounts and premiums not identical to the Deposit Securities The Exchange believes that of the Bid/Ask Price against the NAV, applicable for creations on the same dissemination of the IOPV based on the within appropriate ranges, for each of day. To the extent that the Fund Deposit Securities provides additional the four previous calendar quarters. Securities have a value greater than the information regarding the Fund that is The closing prices of the Fund’s NAV of iShares being redeemed, a cash not otherwise available to the public Deposit Securities are readily available payment equal to the differential is and is useful to professionals and from, as applicable, the relevant required to be paid by the redeeming investors in connection with Fund exchanges, automated quotation beneficial owner to the Fund. The Trust shares trading on the Exchange or the systems, published or other public may also make redemptions in cash in creation or redemption of Fund shares. sources in the relevant country, or on- lieu of transferring one or more Fund Since the trading hours of the Hong line information services such as Securities to a redeemer if the Trust Kong Stock Exchange do not overlap Bloomberg or Reuters. The exchange determines, in its discretion, that such with regular trading hours in the U.S., rate information required to convert method is warranted due to unusual it is expected that the Value Calculator, such information into U.S. dollars is circumstances. An unusual when calculating IOPV, will utilize also readily available in newspapers and circumstance could arise, for example, closing prices (in applicable foreign other publications and from a variety of when a redeeming entity is restrained currency prices) in the principal foreign on-line services. by regulation or policy from transacting market for the securities in the Fund (e) Redemption of iShares in certain Fund Securities, such as the portfolio (i.e., the Hong Kong Stock presence of such Fund Securities on a Exchange), and convert the prices to Creation Unit Aggregations of the redeeming investment banking firm’s U.S. dollars. Fund will be redeemable at the NAV restricted list. In addition, FTSE will be next determined after receipt of a disseminating a value for the request for redemption. Creation Unit (f) Dividends and Distributions Aggregations of the Fund generally will Underlying Index once each trading Dividends from net investment be redeemed in-kind, together with a day, based on closing prices on the income will be declared and paid to balancing cash payment (although, as Hong Kong Stock Exchange. The NAV beneficial owners of record at least described below, Creation Unit for the Fund will be calculated and annually by the Fund. Distributions of Aggregations may sometimes be disseminated daily. Investors Bank and realized securities gains, if any, redeemed for cash). The value of the Trust (‘‘IBT’’) will calculate the Fund generally will be declared and paid once Fund’s redemption payments on a NAV. IBT will also disseminate the a year, but the Fund may make information to BGI, SEI, and others. The Creation Unit Aggregation basis will equal the NAV per the appropriate distributions on a more frequent basis to Fund NAV will be published in a comply with the distribution number of places, including http:// number of iShares of the Fund. Owners of iShares may sell their iShares in the requirements of the Code and consistent www.iShares.com and on the with the Investment Company Act. Consolidated Tape. secondary market, but must accumulate enough iShares to constitute a Creation Dividends and other distributions on The Underlying Index currently uses iShares of the Fund will be distributed the Reuters foreign exchange rate at the Unit Aggregation in order to redeem through the Fund. Redemption orders on a pro rata basis to beneficial owners close of the index (4 p.m. Hong Kong of such iShares. Dividend payments will Time) to compute final Underlying must be placed by or through an Authorized Participant. be made through the DTC and the DTC Index values. The Fund uses Reuters/ Participants to beneficial owners then of WM foreign exchange rates at 4 p.m. Creation Unit Aggregations of the Fund generally will be redeemable on record with amounts received from the London Time. There will also be Fund. disseminated a variety of data with any business day in exchange for Fund The Trust currently does not intend to respect to the Fund on a daily basis by Securities and the Cash Redemption make the DTC book-entry Dividend means of CTA and CQ High Speed Payment (defined below) in effect on the Reinvestment Service (‘‘Service’’) Lines, which will be made available date a request for redemption is made. available for use by beneficial owners prior to the opening of trading on the The Advisor will publish daily through for reinvestment of their cash proceeds, NYSE. Information with respect to NSCC the list of securities which a but certain individual brokers may make recent NAV, shares outstanding, creator of Creation Unit Aggregations the Service available to their clients. estimated cash amount and total cash must deliver to the Fund (‘‘Creation The SAI will inform investors of this amount per Creation Unit Aggregation List’’) and which a redeemer will fact and direct interested investors to will be made available prior to the receive from the Fund (‘‘Redemption contact such investor’s broker to opening of the NYSE. In addition, the List’’). The Creation List is identical to ascertain the availability and a Web site for the Trust, http:// the list of the names and the required description of the Service through such www.iShares.com, which is publicly numbers of shares of each Deposit broker. The SAI will also caution accessible at no charge, will contain the Security included in the current Fund interested beneficial owners that they following information, on a per iShare Deposit. should note that each broker may basis, for the Fund: (a) the prior In addition, just as the Balancing require investors to adhere to specific business day’s NAV and the mid-point Amount is delivered by the purchaser of procedures and timetables in order to of the bid-ask price at the time of Creation Unit Aggregations to the Fund, participate in the Service and such calculation of such NAV (‘‘Bid/Ask the Trust will also deliver to the redeeming beneficial owner in cash the investors should ascertain from their Price’’), 29 and a calculation of the ‘‘Cash Redemption Payment.’’ The Cash broker such necessary details. The premium or discount of such price Redemption Payment on any given beneficial owners will hold iShares against such NAV; and (b) data in chart business day will be an amount acquired pursuant to the Service in the 29 The Bid-Ask Price of the Fund is determined calculated in the same manner as that same manner, and subject to the same using the highest bid and lowest offer on the NYSE for the Balancing Amount, although the terms and conditions, as for original as of the time of calculation of the Fund’s NAV. actual amounts may differ if the Fund ownership of iShares.

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Beneficial owners of iShares will trading, of the prospectus or product and that iShares are not individually receive all of the statements, notices, description delivery requirements redeemable but are redeemable only in and reports required under the applicable to the Fund. Creation Unit Aggregations or multiples Investment Company Act and other (4) Information Circular. The thereof. applicable laws. They will receive, for Exchange will distribute an information (8) Surveillance. Exchange example, annual and semi-annual circular to ETP Holders in connection surveillance procedures applicable to reports, written statements with the trading of the Fund trading in the proposed iShares are accompanying dividend payments, (‘‘Information Circular’’). The comparable to those applicable to other proxy statements, annual notifications Information Circular will discuss the ICUs currently trading on the Exchange. detailing the tax status of distributions, special characteristics and risks of The Exchange represents that its IRS Form 1099–DIVs, etc. Because the trading this type of security. surveillance procedures are adequate to Trust’s records reflect ownership of Specifically, the Information Circular, properly monitor the trading of the iShares by DTC only, the Trust will among other things, will discuss what Fund. The Exchange’s current trading make available applicable statements, the Fund is, how Fund shares are surveillances focus on detecting notices, and reports to the DTC created and redeemed, the requirement securities trading outside their normal Participants who, in turn, will be that ETP Holders deliver a prospectus or patterns. When such situations are responsible for distributing them to the product description to investors detected, surveillance analysis follows beneficial owners. purchasing shares of the Fund before, or and investigations are opened, where concurrently with, the confirmation of a (g) Other Issues appropriate, to review the behavior of transaction, applicable Exchange rules, all relevant parties for all relevant (1) Criteria for Initial and Continued dissemination information, trading trading violations. The Exchange is able Listing. iShares are subject to the criteria information and the applicability of to obtain information regarding trading for initial and continued listing of ICUs suitability rules (PCXE Rule 9.2(a)). The in both the Fund shares and the in PCXE Rules 5.2(j)(3) and 5.5(g)(2). Information Circular will also discuss Component Securities by the ETP The minimum number of iShares exemptive, no-action and interpretive Holders on any relevant market; in required to be outstanding at the start of relief granted by the Commission from addition, the Exchange may obtain trading will be comparable to Section 11(d)(1) and certain rules under trading information via the Intermarket requirements that have been applied to the Act, including Rule 10a–1, Rule Surveillance Group (‘‘ISG’’) from other previously traded series of ICUs. 10b–10, Rule 14e–5, Rule 10b–17, Rule exchanges who are members or affiliates The Exchange believes that the 11d1–2, Rules 15c1–5 and 15c1–6, and of the ISG, including, by way of proposed minimum number of iShares Rules 101 and 102 of Regulation M example, the Hong Kong Stock outstanding at the start of trading is under the Act. Exchange. sufficient to provide market liquidity (5) Trading Halts. In order to halt the (9) Hours of Trading/Minimum Price and to further the Trust’s objective to trading of the Fund, the Exchange may Variation. The Fund will trade during seek to provide investment results that consider, among other things, factors the hours specified in PCXE Rule 7.34. correspond generally to the price and such as the extent to which trading is The minimum price variation for yield performance of the Underlying not occurring in underlying security(s) quoting will be consistent with PCXE Index. and whether other unusual conditions Rule 7.6. (2) Original and Annual Listing Fees. or circumstances detrimental to the On October 26, 2004 the Commission maintenance of a fair and orderly 2. Statutory Basis approved modifications to the listing market are present. In addition, trading The Exchange believes that the fees for exchange-traded funds and in Fund shares is subject to trading halts proposed rule change is consistent with closed-end funds on the Exchange. caused by extraordinary market Section 6(b) of the Act 33 in general, and Original listing fees are: $20,000 for the volatility pursuant to PCXE Rule 7.12. furthers the objectives of Section first fund listed by a fund issuer or (6) Due Diligence. The Exchange 6(b)(5) 34 in particular, in that it is ‘‘family;’’ and no fee for subsequent represents that the information circular designed to prevent fraudulent and additional funds listed by the same fund to ETP Holders will note, for example, manipulative acts and practices, to issuer or ‘‘family.’’30 Exchange responsibilities including that promote just and equitable principles of (3) Prospectus Delivery. The before an ETP Holder, or employee trade, to remove impediments to and Commission has granted the Trust an thereof recommends a transaction in the exemption from certain prospectus perfect the mechanism of a free and Fund, a determination must be made open market and a national market delivery requirements under Section that the recommendation is in 24(d) of the Investment Company Act.31 system, and in general, to protect compliance with all applicable investors and the public interest. Any product description used in Exchange and Federal rules and reliance on a Section 24(d) exemptive regulations, including due diligence B. Self-Regulatory Organization’s order will comply with all obligations under PCXE Rule 9.2(a)–(b). Statement on Burden on Competition representations made therein and all (7) Purchases and Redemptions in The Exchange does not believe that conditions thereto. The Exchange, in an 32 Creation Unit Aggregations. In the the proposed rule change will impose Information Circular, will inform ETP Information Circular ETP Holders will any burden on competition. Holders prior to commencement of be informed that procedures for purchases and redemptions of iShares C. Self-Regulatory Organization’s 30 Telephone conversation between Tania J.C. in Creation Unit Aggregations are Statement on Comments on the Blanford, Staff Attorney, Regulatory Policy, PCX, Proposed Rule Change Received From and Natasha Cowen, Attorney, Division, described in the Prospectus and SAI, Commission, on December 6, 2004. See also Members, Participants, or Others Securities Exchange Act Release No. 50593 (October 32 Some of the terminology in this Section has No written comments on the proposed 26, 2004), 69 FR 63427 (November 1, 2004) (SR– been revised pursuant to a telephone conversation rule change were solicited or received. PCX–2004–63). between Tania J.C. Blanford, Staff Attorney, 31 See In the Matter of iShares, Inc., et al., Regulatory Policy, PCX, and Natasha Cowen, Investment Company Act Release No. 25623 (June Attorney, Division, Commission, on November 2, 33 15 U.S.C. 78f(b). 25, 2002). 2004. 34 15 U.S.C. 78f(b)(5).

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III. Solicitation of Comments exchange.35 In particular, the A. Fund Characteristics Interested persons are invited to Commission finds that the proposed The Commission believes that the rule change is consistent with Section proposed Fund is reasonably designed submit written data, views and 36 arguments concerning the foregoing, 6(b)(5) of the Act, which requires, to provide investors with an investment including whether the proposed rule among other things, that the Exchange’s vehicle that substantially reflects in change is consistent with the Act. rules promote just and equitable value the performance of the Underlying Comments may be submitted by any of principles of trade, and facilitate Index.41 Moreover, the Commission the following methods: transactions in securities, and, in finds that, although the value of the general, protect investors and the public Fund’s shares will be derived from and Electronic Comments interest.37 based on the value of the securities and • Use the Commission’s Internet The Commission believes that the cash held in the Fund, the Fund is not comment form (http://www.sec.gov/ PCX’s proposal should advance the leveraged. Accordingly, the level of risk rules/sro.shtml); or public interest by providing investors involved in the purchase or sale of Fund • Send an email to rule- with increased flexibility in satisfying shares is similar to the risk involved in [email protected]. Please include File their investment needs and by allowing the purchase or sale of traditional No. SR–PCX–2004–99 on the subject them to purchase and sell Fund shares common stock, with the exception that line. at negotiated prices throughout the the pricing mechanism for shares in the business day that generally track the Fund is based on a portfolio of Paper Comments price and yield performance of the securities. The Commission notes that • Send paper comments in triplicate targeted Underlying Index.38 the Fund will at all times invest at least to Jonathan G. Katz, Secretary, Furthermore, the Commission 80% of its assets in Component Securities and Exchange Commission, believes that the proposed rule change Securities and in Depositary Receipts 450 Fifth Street, NW., Washington, DC raises no issues that have not been and at least half of the remaining 20% 20549–0609. previously considered by the of its assets in Component Securities, All submissions should refer to File Commission. The Fund is similar in Depositary Receipts, or in stocks No. SR–PCX–2004–99. To help the structure and operation to exchange- included in the Chinese market, but not Commission process and review your traded index funds that the Commission included in the Underlying Index.42 As comments more efficiently, please use has previously approved for listing and noted above, the Fund will use a only one method. The Commission will trading on national securities exchanges representative portfolio sampling post all comments on the Commission’s under Section 19(b)(2) of the Act.39 In strategy to attempt to track its Internet Web site (http://www.sec.gov/ addition, as noted above, the Underlying Index. Although a rules/sro.shtml). Copies of the Commission has previously approved a representative sampling strategy entails submission, all subsequent substantially similar proposed rule some risk of tracking error, the Advisor amendments, all written statements change submitted by the NYSE to list will seek to minimize tracking error. It with respect to the proposed rule and trade the iShares.40 is expected that the Fund will have a change that are filed with the The stocks included in the tracking error relative to the Commission, and all written Underlying Index are among the stocks performance of its Underlying Index of communications relating to the with the highest liquidity and market no more than 5%. proposed rule change between the capitalization in the Chinese markets. The Commission notes that although Commission and any person, other than Further, with respect to each of the one employee of an affiliate of the those that may be withheld from the following key issues, the Commission Advisor serves on the FTSE/Xinhua public in accordance with the believes that the Fund satisfies Index Committee and provides input to provisions of 5 U.S.C. 552, will be established standards. help ensure that the published index available for inspection and copying in rules and the implementation of such rules adequately reflect current the Commission’s Public Reference 35 In approving this proposal, the Commission has Room, 450 Fifth Street, NW., considered its impact on efficiency, competition, developments in the underlying market, Washington, DC 20549. Copies of such and capital formation. 15 U.S.C. 78c(f). such employee is not and will not be 36 filing will also be available for 15 U.S.C. 78f(b)(5). involved in the operations of the 37 Pursuant to Section 6(b)(5) of the Act, the Advisor or the Fund or be involved in inspection and copying at the principal Commission must predicate approval of exchange office of the PCX. All comments any capacity with the Fund’s Board of trading for new products upon a finding that the Trustees. Moreover, the index received will be posted without change; introduction of the product is in the public interest. the Commission does not edit personal Such a finding would be difficult with respect to compilation functions of FXI and the a product that served no investment, hedging or FTSE/Xinhua Index Committee are, and identifying information from other economic function, because any benefits that submissions. You should submit only might be derived by market participants would 41 The FTSE/Xinhua China 25 Index is a free likely be outweighed by the potential for information that you wish to make float-adjusted market capitalization weighted index available publicly. All submissions manipulation, diminished public confidence in the that is designed to represent the performance of the integrity of the markets, and other valid regulatory should refer to File No. SR–PCX–2004– largest companies in the mainland China equity concerns. market that are available to international investors. 99 and should be submitted on or before 38 The Commission notes that, as is the case with As of October 12, 2004, its constituents had a total January 3, 2005. similar previously approved exchange traded funds, market capitalization of approximately $155 billion investors in the Fund can redeem shares in Creation and a float-adjusted market capitalization of IV. Commission’s Findings and Order Unit Aggregations only. See, e.g., Securities approximately $42 billion. Granting Accelerated Approval of Exchange Act Release No. 43679 (December 5, 42 The Exchange states that, to the extent the Proposed Rule Change 2000), 65 FR 77949 (December 13, 2000) (File No. Fund invests in Depositary Receipts, any ADRs will SR–NYSE–00–46); Securities Exchange Act Release be listed on a national securities exchange or The Commission finds that the No. 50189 (August 12, 2004); 69 FR 51723 (August Nasdaq. Other Depositary Receipts will be listed on proposed rule change is consistent with 20, 2004) (File No. SR–Amex–2004–05). a foreign exchange. The Fund will not invest in any 39 the requirements of the Act and the 15 U.S.C. 78s(b)(2). unlisted Depositary Receipts or any listed 40 See Securities Exchange Act Release No. 50505 Depositary Receipts that the Advisor deems to be rules and regulations thereunder (October 8, 2004), 69 FR 61280 (October 15, 2004) illiquid or for which pricing information is not applicable to a national securities (SR–NYSE–2004–55). readily available. The Fund currently intends to

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will remain, completely separate and B. Disclosure on a daily basis by means of CTA and independent of the portfolio The Exchange represents that it will CQ High Speed Lines, which will be management functions of BGFA. FXI circulate an Information Circular made available prior to the opening of and the FTSE/Xinhua Index Committee detailing applicable prospectus and trading on the NYSE. Information with have adopted policies that prohibit the product description delivery respect to recent NAV, shares dissemination and use of confidential requirements. The Information Circular outstanding, estimated cash amount and and proprietary information about the also will address ETP Holders’ total cash amount per Creation Unit Underlying Index and have instituted responsibility to deliver a prospectus or Aggregation will be made available prior procedures designed to prevent the product description to all investors and to the opening of the NYSE. In addition, improper dissemination and use of such highlight the characteristics of the the Web site for the Trust, which will information. BGI and BGIL have Funds. The Information Circular will be publicly accessible at no charge, will adopted policies that limit the use of also remind ETP Holders of their contain the following information, on a confidential and proprietary suitability obligations, including PCXE per iShare basis, for the Fund: (a) The information about portfolio management Rule 9.2(a)). For example, the prior business day’s NAV and the mid- decisions to those persons whose duties Information Circular will also inform point of the Bid-Ask Price 48 at the time require and permit them to have access ETP Holders that Fund shares are not of calculation of such NAV, and a to such information and have instituted individually redeemable, but are calculation of the premium or discount procedures designed to prevent the redeemable only in Creation Unit of such price against such NAV; and (b) improper dissemination and use of such Aggregations or multiples thereof as set data in chart format displaying the information. forth in the Prospectus and SAI.46 frequency distribution of discounts and The Advisers to the Fund may premiums of the Bid/Ask Price against attempt to reduce tracking error by C. Dissemination of Fund Information the NAV, within appropriate ranges, for using a variety of investment With respect to pricing, each day, the each of the four previous calendar instruments, including futures NAV for the Fund will be calculated quarters. contracts, repurchase agreements, and disseminated by IBT to various The closing prices of the Fund’s options, swaps and currency exchange sources and made available on http:// Deposit Securities are available from, as contracts; however, these instruments www.iShares.com and on the applicable, the relevant exchanges, will not constitute more than 10% of the Consolidated Tape.47 automated quotation systems, published 43 Fund’s assets. During each day the PCX is open for or other public sources in the relevant The Commission believes that the business, the Exchange states that the country, or on-line information services market capitalization and liquidity of IOPV of the Underlying Index will be such as Bloomberg or Reuters. The the Component Securities is such that disseminated at regular intervals (every exchange rate information required to an adequate level of liquidity exists so 15 seconds) on the Consolidated Tape. convert such information into U.S. that the Fund shares should not be The IOPV will be updated throughout dollars is also readily available in susceptible to manipulation.44 Also, the the PCX trading day to reflect newspapers and other publications and Commission does not believe that the fluctuations in exchange rates between from a variety of on-line services. In Fund will be so highly concentrated the U.S. dollar and the applicable home addition, the Commission notes that the such that it becomes a surrogate for foreign currency. The Underlying Index iShares Web site is and will be publicly trading unregistered foreign securities value is available real time directly from accessible at no charge, and will contain on the Exchange. FTSE and from the following vendors: the Fund’s NAV as of the prior business While the Commission believes that Reuters, Bloomberg, Telekurs, FTID and day, the Bid-Asked Price, and a these requirements should help to LSE/Proquote. An end of day closing calculation of the premium or discount reduce concerns that the Fund could value for the Underlying Index is of the Bid-Asked Price in relation to the become a surrogate for trading in a available on http:// closing NAV.49 single or a few unregistered stocks, if www.ftsexinhua.com, along with other The Exchange also represents that it the Fund’s characteristics changed Underlying Index information such as will halt trading and/or delist the shares materially from the characteristics historical values, composition and if the dissemination of the Fund’s value described herein, the Fund would not component weighting. The Commission ceases and there is no readily available be in compliance with the standards believes that this information will help source for obtaining such information.50 approved herein, and the Commission an investor to determine whether, and would expect the PCX to file a proposed to what extent, iShares may be selling 48 rule change pursuant to Rule 19b-4 of at a premium or a discount to NAV. The Bid-Ask Price of the Fund is determined using the highest bid and lowest offer on the NYSE the Act. In addition, the Exchange has There will also be disseminated a as of the time of calculation of the Fund’s NAV. represented that it will immediately variety of data with respect to the Fund 49 Additional information available to investors notify the Commission of any changes will include data for a period covering at least the made in the Fund and not represented Johnson, Listings Qualifications Specialist, PCX, four previous calendar quarters (or the life of a herein.45 Tim Elliott, Regulatory Counsel, Archipelago Fund, if shorter) indicating how frequently the Holdings, LLC, and Ira Brandriss, Assistant Fund’s shares traded at a premium or discount to Director, Lisa Jones, Special Counsel, and Natasha NAV based on the Bid-Asked Price and closing 43 See discussion under Section II.A.1(a) Cowen, Attorney, Division, Commission, on NAV, and the magnitude of such premiums and ‘‘Operation of the Fund’’ above. November 9, 2004. discounts; the Fund Prospectus and two most 44 The Exchange states that as of October 12, 46 See discussion under Section II.A.1(a) recent reports to shareholders; and other 2004, the ten largest constituents represented ‘‘Operation of the Fund,’’ above. The Exchange has quantitative information such as daily trading approximately 60.1% of the index weight. The five represented that the Information Circular will also volume. highest weighted stocks, which represented 39.9% discuss exemptive, no-action, and interpretive relief 50 Telephone conversation between Tania J.C. of the index weight, had an average daily trading granted by the Commission from certain rules under Blanford, Staff Attorney, Regulatory Policy, Ryan volume in excess of 56.9 million shares during the the Act. Johnson, Listings Qualifications Specialist, PCX, past three months. All of the Component Securities 47 The Underlying Index currently uses the Tim Elliott, Regulatory Counsel, Archipelago traded at least 250,000 shares in each of the Reuters foreign exchange rate at the close of the Holdings, LLC, and Ira Brandriss, Assistant previous three months. index (4 p.m. Hong Kong Time) to compute final Director, Lisa Jones, Special Counsel, and Natasha 45 Telephone conversation between Tania J.C. index values. The Fund intends to use Reuters/WM Cowen, Attorney, Division, Commission, on Blanford, Staff Attorney, Regulatory Policy, Ryan foreign exchange rates at 4 p.m. London Time. November 9, 2004.

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Based on the representations made in iShares 53 and does not believe that the amendment of its experimental the proposal, the Commission believes proposed rule change raises novel certificate of public convenience and that pricing and other important regulatory issues. Consequently, the necessity for route 566 (U.S.-Mexico). information about the Fund is adequate Commission believes that it is Docket Number: OST–1999–6663. and consistent with the Act. appropriate to permit investors to Date Filed: November 23, 2004. benefit from the ability to trade these D. Listing and Trading Due Date for Answers, Conforming products on the PCX as soon as Applications, or Motion to Modify The Commission further finds that possible. Accordingly, the Commission Scope: December 14, 2004. adequate rules and procedures exist to finds that there is good cause, consistent Description: Application of United govern the listing and trading, or trading with Section 6(b)(5) of the Act,54 to Parcel Service Co. requesting renewal of pursuant to UTP, of the Fund’s shares. approve the proposal on an accelerated its certificate authorizing UPS to engage The Exchange has represented that basis. in scheduled foreign air transportation Fund shares will be deemed equity V. Conclusion of property and mail between Austin, securities subject to PCXE rules Houston, Louisville and San Antonio governing the trading of equity It is therefore ordered, pursuant to and Monterrey, Guadalajara and Mexico securities, including, among others, Section 19(b)(2) of the Act, that the City, Mexico. 51 proposed rule change (SR-PCX–2004– rules governing trading halts. Docket Number: OST–1999–6172. In addition, the Exchange states that 99) is hereby approved on an accelerated basis.55 Date Filed: November 24, 2004. iShares are subject to the criteria for Due Date for Answers, Conforming initial and continued listing of ICUs in For the Commission, by the Division of Applications, or Motion to Modify PCXE Rules 5.2(j)(3) and 5.5 (g)(2). The Market Regulation, pursuant to delegated Scope: December 15, 2004. authority.56 Commission believes that the listing and Description: Application of American Jill M. Peterson, delisting criteria for Fund shares should Airlines, Inc., requesting a renewal and help to ensure that a minimum level of Assistant Secretary. amendment of its certificate for Route liquidity will exist in the Fund to allow [FR Doc. 04–27252 Filed 12–10–04; 8:45 am] 560 so as to include the following for the maintenance of fair and orderly BILLING CODE 8010–01–P additional U.S.-Mexico route segments markets. for which American currently holds E. Surveillance separate certificate authority on Route DEPARTMENT OF TRANSPORTATION 794. The Exchange represents that it will Docket Number: OST–2001–9027. rely on its existing surveillance Office of the Secretary Date Filed: November 24, 2004. procedures governing ICUs currently Due Date for Answers, Conforming trading on the Exchange. The Exchange Notice of Applications for Certificates Applications, or Motion to Modify also represents that it is able to obtain of Public Convenience and Necessity Scope: December 15, 2004. information from the NYSE or any third and Foreign Air Carrier Permits Filed Description: Application of American party regarding trading in both the Fund Under Subpart B (formerly Subpart Q) Airlines, Inc., requesting renewal of its shares and the Component Securities by During the Week Ending November 26, certificate for Route 794 authorizing the ETP Holders on any relevant market; 2004 scheduled foreign air transportation of in addition, the Exchange represents The following Applications for persons, property, and mail between that it may obtain trading information Certificates of Public Convenience and New York (JFK)–Cancun and St. Louis– via the ISG from other exchanges who Necessity and Foreign Air Carrier Cancun. are members or affiliates of the ISG, Permits were filed under Subpart B including, by way of example, the Hong (formerly Subpart Q) of the Department Maria Gulczewski, Kong Stock Exchange. of Transportation’s Procedural Supervisory Dockets Officer, Alternate Federal Register Liaison. F. Accelerated Approval Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, [FR Doc. 04–27230 Filed 12–10–04; 8:45 am] The Exchange has requested that the Conforming Applications, or Motions to BILLING CODE 4910–62–P Commission approve the proposed rule Modify Scope are set forth below for change on an accelerated basis. The each application. Following the Answer Commission finds good cause, pursuant period DOT may process the application DEPARTMENT OF TRANSPORTATION to Section 19(b)(2) of the Act,52 for by expedited procedures. Such approving the proposed rule change procedures may consist of the adoption Federal Aviation Administration prior to the thirtieth day after the date of a show-cause order, a tentative order, of publication of notice in the Federal Supplemental Environmental or in appropriate cases a final order Assessment (EA) for the East Kern Register. The Commission has without further proceedings. previously approved a substantially Airport District (EKAD) Launch Site Docket Number: OST–1999–5846. Operator License for the Mojave similar proposed rule change submitted Date Filed: November 23, 2004. by the NYSE to list and trade the Due Date for Answers, Conforming Airport, California Applications, or Motion to Modify AGENCY: Federal Aviation 51 In order to halt the trading of the Fund, the Scope: December 14, 2004. Administration (FAA), Department of Exchange may consider, among others, factors Description: Application of United Transportation. including: (1) The extent to which trading is not Air Lines, Inc., requesting renewal and occurring in underlying securities; or (2) whether ACTION: Cancellation notice. other unusual conditions or circumstances 53 detrimental to the maintenance of a fair and orderly See Securities Exchange Act Release No. 50505 SUMMARY: On October 22, 2004, the FAA (October 8, 2004), 69 FR 61280 (October 15, 2004) market are present. In addition, trading in Fund published a Notice of Availability and shares is subject to trading halts caused by (SR-NYSE–2004–55). extraordinary market volatility pursuant to PCXE 54 15 U.S.C. 78s(b)(5). Request for Comment on a Draft Rule 7.12. 55 15 U.S.C. 78s(b)(2). Supplemental EA for the EKAD Launch 52 15 U.S.C. 78s(b)(2). 56 17 CFR 200.30–3(a)(12). Site Operator License for the Mojave

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Airport, California in the Federal 26805 E. 68th Avenue, Suite 224; DEPARTMENT OF TRANSPORTATION Register (69 FR 62113). The FAA has Denver, Colorado 80249–6361. The decided to cancel the preparation of the application may be reviewed in person Research and Special Programs Final Supplemental EA. The Notice of at this same location. Administration Availability and Request for Comment is SUPPLEMENTARY INFORMATION: The FAA hereby rescinded. proposed to rule and invites public Office of Hazardous Materials Safety; FOR FURTHER INFORMATION CONTACT: comments on the application (05–08–C– Notice of Application for Exemptions Questions may be directed to Doug 00–COS) to impose and use a PFC at the Graham, FAA Environmental Specialist, Colorado Springs Airport, under the AGENCY: Research and Special Programs c/o ICF Consulting, 9300 Lee Highway, provisions of 49 U.S.C. 40117 and part Administration, DOT. Fairfax, VA 22031 or (202) 267–8568. 158 of the Federal Aviation Regulations ACTION: List of applications for (14 CFR part 158). Date Issued: December 6, 2004. exemption. On December 7, 2004, 2004, the FAA Place Issued: Washington, DC. determined that the application to Herbert Bachner, impose and use a PFC submitted by the SUMMARY: In accordance with the Manager, Space Systems Development City of Colorado Springs, Colorado, was procedures governing the application Division. substantially complete within the for, and the processing of, exemptions [FR Doc. 04–27219 Filed 12–10–04; 8:45 am] requirements of section 158.25 of part from the Department of Transportation’s BILLING CODE 4910–13–P 158. The FAA will approve or Hazardous Material Regulations (49 CFR disapprove the application, in whole or part 107, subpart B), notice is hereby in part, no later than March 8, 2005. given that the Office of Hazardous DEPARTMENT OF TRANSPORTATION The following is a brief overview of Materials Safety has received the the application. application described herein. Each Federal Aviation Administration Level of the proposed PFC: $3.00. mode of transportation for which a Proposed charge-effective date: May Notice of Intent To Rule on Application particular exemption is requested is 1, 2005. indicated by a number in the ‘‘Nature of (05–08–C–00–COS) To Impose and To Proposed charge expiration date: July Use a Passenger Facility Charge (PFC) 1, 2010. Application’’ portion of the table below at the Colorado Springs Airport, Total requested for use approval: as follows: 1—Motor vehicle, 2—Rail Submitted by the City of Colorado $12,723,148. freight, 3—Cargo vessel, 4—Cargo Springs, CO. Brief description of proposed projects: aircraft only, 5—Passenger-carrying Rehabilitation of Runway 17L/35R, aircraft. AGENCY: Federal Aviation security infrastructure projects, Administration (FAA), DOT. construction of Taxiway ‘‘C’’ north from DATES: Comments must be received on ACTION: Notice of Intent To Rule on Taxiway ‘‘C2’’ to Taxiway ‘‘B2’’, or before January 12, 2005. Application. construct portion of Taxiway ‘‘H’’, Addresses Comments to: Record airport operations area (AOA) vehicle SUMMARY: The FAA proposes to rule and Center, Research and Special Programs invites public comment on the service roads, resurfacing of entry/exit Administration, U.S. Department of application to impose and use a PFC at roads, security checkpoint expansion, Transportation, Washington, DC 20590. terminal building modifications, the Colorado Springs Airport under the Comments should refer to the pavement condition survey (Taxiways provisions of 49 U.S.C. 40117 and part ‘‘E’’, ‘‘E1–8’’, ‘‘G’’, and ‘‘H’’), terminal application number and be submitted in 158 of the Federal Aviation Regulations circulation road. triplicate. If confirmation of receipt of (14 CFR part 158). Class or classes of air carriers that the comments is desired, include a self- DATES: Comments must be received on public agency has requested not be addressed stamped postcard showing or before January 12, 2005. required to collect PFC’s: None. the exemption number. ADDRESSES: Comments on this Any person may inspect the FOR FURTHER INFORMATION CONTACT: application may be mailed or delivered application in person at the FAA office Copies of the applications are available in triplicate to the FAA at the following listed above under FOR FURTHER for inspection in the Records Center, address: Craig Sparks, Manager; Denver INFORMATION CONTACT and at the FAA Airports District Office, DEN–ADO; Regional Airports Office located at: Nassif Building, 400 7th Street SW., Federal Aviation Administration; 26805 Federal Aviation Administration, Washington DC, or at http:// E. 68th Avenue, Suite 224; Denver, Northwest Mountain Region, Airports dms.dot.gov. Colorado 80249–6361. In addition, one Division, ANM–600, 1601 Lind Avenue This notice of receipt of applications copy of any comments submitted to the SW., Suite 315, Renton, WA 98055– for modification of exemption is FA must be mailed or delivered to Mr. 4056. published in accordance with part 107 Mark Earle, Director of Aviation at the In addition, any person may, upon of the Federal hazardous materials following address: Colorado Springs request, inspect the application, notice, transportation law (49 U.S.C. 5117(b); Airport, 7770 Drennan Road, Colorado and other documents germane to the 49 CFR 1.53(b)). Springs, Colorado 80916. application in person at the Colorado Air Carriers and foreign air carriers Springs Airport. Issued in Washington, DC, on December 6, 2004. may submit copies of written comments Issued in Renton, Washington, on previously provided to the Colorado December 7, 2004. R. Ryan Posten, Springs Airport, under section 158.23 of David A. Field, Exemptions Program Officer, Office of part 158. Manager, Planning, Programming and Hazardous Materials Safety Exemptions & FOR FURTHER INFORMATION CONTACT: Mr. Capacity Branch, Northwest Mountain Approvals. Christopher Schaffer. (303) 342–1258; Region. Denver Airport District Office, DEN– [FR Doc. 04–27227 Filed 12–10–04; 8:45 am] ADO; Federal Aviation Administration; BILLING CODE 4910–13–M

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NEW EXEMPTION

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

14036–N ...... Roche Diagnostics Cor- 49 CFR 173.56(b); (e)(3); To authorize the transportation in commerce of un- poration Indianapolis, (e)(4) and (i). approved Class 1 explosive materials in PG I IN. performance level UN Standard packing. (mode 1). 14037–N ...... Air Products and Chemi- 49 CFR 173.301(f)(3); To authorize the transportation in commerce of hy- cals, Inc. Allentown, PA. 180.205(c)(4). drogen chloride, anhydrous in DOT specification seamless steel cylinders equipped with CG–4 pressure relief devices set at 3,360 psig. (modes 1, 2, 3). 14038–N ...... Dow Chemical Company 49 CFR 172.203(a), 173.26 To authorize the transportation in commerce of Midland, MI. and 179.13. Class 8 hazardous materials in DOT specification 111A100W6 tank car tanks that exceed the max- imum allowable gross weight on rail (263,000 lbs.). (mode 2). 14039–N ...... Chlorine Service Com- 49 CFR 178.245–1(a) ...... To authorize the manufacture, marking, sale and pany Kingwood, TX. use of certain DOT Specification 51 steel port- able tanks or UN steel portable tanks conforming with Section VIII, Division 2 of the ASME Code instead of Section VIII, Division 1, for the trans- portation in commerce of Division 2.1 and 2.2 materials. (modes 1, 2, 3). 14040–N ...... Clean Harbors Environ- 49 CFR 173.304(d) ...... To authorize the one-time transportation in com- mental Services, Inc. merce of foreign cylinders for disposal. (mode 1). San Diego, CA.

[FR Doc. 04–27228 Filed 12–10–04; 8:45 am] application described herein. This Comments should refer to the BILLING CODE 4909–60–M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are FOR FURTHER INFORMATION CONTACT: Administration not repeated here. Request of modifications of exemptions (e.g. to Copies of the applications are available Office of Hazardous Materials Safety; provide for additional hazardous for inspection in the Records Center, Notice of Applications for Modification materials, packaging design changes, Nassif Building, 400 7th Street SW., of Exemption additional mode of transportation, etc.) Washington DC, or at http:// dms.dot.gov. AGENCY: Research and Special Programs are described in footnotes to the Administration, DOT. application number. Application This notice of receipt of applications numbers with the suffix ‘‘M’’ denote a for modification of exemption is ACTION: List of applications for modification request. Their applications published in accordance with Part 107 modification of exemption. have been separated from the new of the Federal hazardous materials application for exemption to facilitate transportation law (49 U.S.C. 5117(b); SUMMARY: In accordance with the procedures governing the application processing. 49 CFR 1.53(b)). for, and the processing of, exemptions DATES: Comments must be received on Issued in Washington, DC, on December 6, from the Department of Transportation’s or before December 28, 2004. 2004. Hazardous Material Regulations (49 CFR ADDRESS COMMENTS TO: Record Center, R. Ryan Posten, part 107, subpart B), notice is hereby Research and Special Programs Exemptions Program Officer, Office of given that the Office of Hazardous Administration, U.S. Department of Hazardous Materials Exemptions & Materials Safety has received the Transportation, Washington, DC 20590. Approvals.

MODIFICATION EXEMPTIONS

Modifica- Application Docket No. Applicant Regulation(s) affected tion of ex- Nature of exemption thereof No. emption

7774–M ...... Pipe Recovery Sys- 49 CFR 172.301(c); 7774 To modify the exemption to extend the length tems, Inc. Houston, 173.228(a); 175.3. of the non-DOT specification nonrefillable TX. seamless cylinder to 84 inches. 8826–M ...... Phoenix Air Group, 49 CFR 172.101; 8826 To modify the exemption to provide relief from Inc. Cartersville, GA. 172.204(c)(3); certain reporting requirements during oper- 173.27; ation of cargo only aircraft when trans- 175.30(a)(1); porting explosives. 175.320(b).

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MODIFICATION EXEMPTIONS—Continued

Modifica- Application Docket No. Applicant Regulation(s) affected tion of ex- Nature of exemption thereof No. emption

9969–M ...... Kin-Tek Laboratories, 49 CFR Subparts C, E 9969 To modify the exemption to authorize an alter- Inc. La Marque, TX. and F of Part 172. native diffusing end to the non-DOT speci- fication inner receptacle. 11388–M ...... Nalco Company (for- 49 CFR 173.243 ...... 11388 To modify the exemption to authorize the merly ONDEO Nalco transportation of additional Class 3 mate- Company) rials in DOT Specification 57 portable tanks. Naperville, IL.. 11537–M ...... ChemStation Inter- 49 CFR 177.834(h)..... 11537 To modify the exemption to authorize the national, Inc. Day- transportation of a Class 3 and additional ton, OH. Class 8 material and use of an alternative monitoring method for the DOT Specifica- tion UN31H2 or UN31HA1 IBCs without re- moving the IBC from the vehicle on which it is transported. 11654–M ...... Celanese Ltd. (for- 49 CFR 172.203(a); 11654 To modify the exemption to authorize the merly Celanese 173.31(c)(1); 179.13. transportation of an additional Class 3 ma- Chemicals) Dallas, terial in DOT Class 105S tank cars. TX. 11769–M ...... Los Angeles Chemical 49 CFR 177.834(h)..... 11769 To modify the exemption to authorize the Company South transportation of an additional Division 5.1 Gate, CA. material in UN Intermediate Bulk Containers (IBCs) without removing the IBC from the vehicle. 13192–M ...... RSPA–03– Pollution Control In- 49 CFR 173.12(b) ...... 13192 To modify the exemption to provide additional 14315 dustries, Inc. East relief from the stowage and segregation re- Chicago, IN. quirements for all hazardous materials shipped in a lab pack. 13488–M ...... RSPA–04– FABER INDUSTRIES 49 CFR 173.301(a)(1); 13488 To modify the exemption to authorize the use 17301 SPA (U.S. Agent: 173.301(a)(2); of an alternative size Charpy V-notch speci- Kaplan Industries, 173.302a(a)(1) and men and relief from the flawed burst test re- Maple Shade, NJ). 178.37. quirements for non-DOT specification cyl- inders. 13577–M ...... RSPA–04– Scott Medical Prod- 49 CFR 13577 To modify the exemption to authorize the use 18710 ucts, a division of 173.306(a)(3)(ii); of an alternative valve neck closure for the Scott Specialty 173.306(a)(3)(v). non-DOT specification inside metal con- Gases, Inc. tainers. Plumstreadville, PA. 13976–M ...... RSPA–04– Osmose Utilities Serv- 49 CFR 172.504(a) ..... 13976 To reissue the exemption originally issued on 19464 ices, Inc. Buffalo, an emergency basis for the transportation NY. of certain UN Standard combination pack- ages which contain a Division 6.1 material in utility vehicles that are not placarded.

[FR Doc. 04–27229 Filed 12–10–04; 8:45 am] Committee is both necessary and in the review critical issues that affect program BILLING CODE 4909–60–M public interest. implementation, recommend program The Committee will monitor and enhancements and provide guidance on oversee actvities to establish a long range planning. The Committee chiropractic health program within VA, will include members of the DEPARTMENT OF VETERANS and it will advise the Secretary on the chiropractic care profession and such AFFAIRS implementation and evaluation of that other members as the Secretary program. Much of the Committee’s work considers appropriate. Advisory Committee on Chiropractic will focus on carrying out the VA- The Advisory Committee on Care Implementation; Notice of endorsed recommendations of the Chiropractic Care Implementation will Establishment Chiropractic Advisory Committee, an meet periodically through 2005 and will advisory committee whose statutory be terminated no later than December As required by Section 9(a)(2) of the authority will expire on December 31, 31, 2005. Federal Advisory Committee Act, the 2004. The Chiropractic Advisory Dated: December 6, 2004. Department of Veterans Affairs (VA) Committee has been operational since hereby gives notice of the establishment 2002, has held its final meeting and has By Direction of the Secretary. of the Advisory Commiteee on submitted its final report to the E. Philip Riggin, Chiropractic Care Implementation. The Secretary. Committee Management Officer. Secretary of Veterans Affairs has The Advisory Committee on [FR Doc. 04–27285 Filed 12–10–04] determined that establishing the Chiropractic Care Implementation will BILLING CODE 8320–01–M

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Reader Aids Federal Register Vol. 69, No. 238 Monday, December 13, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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. 929...... 69996 Presidential Documents 3 CFR 930...... 71744 Proclamations: Executive orders and proclamations 741–6000 983...... 71749 The United States Government Manual 741–6000 7850...... 70351 7851...... 70353 989...... 71753 Other Services 7852...... 71689 9 CFR Electronic and on-line services (voice) 741–6020 Executive Orders: 166...... 70179 741–6064 12473 (Amended by Privacy Act Compilation 430...... 70051 Public Laws Update Service (numbers, dates, etc.) 741–6043 EO 13365)...... 71333 TTY for the deaf-and-hard-of-hearing 741–6086 13286 (See EO 11 CFR 13362) ...... 70173 13289 (See EO Proposed Rules: ELECTRONIC RESEARCH 13363) ...... 70175 300...... 71388 World Wide Web 13303 (Amended by 12 CFR Full text of the daily Federal Register, CFR and other publications EO 13364)...... 70177 is located at: http://www.gpoaccess.gov/nara/index.html 13315 (See EO Proposed Rules: 13364) ...... 70177 226...... 70925 Federal Register information and research tools, including Public 13350 (See EO Inspection List, indexes, and links to GPO Access are located at: 13364) ...... 70177 13 CFR http://www.archives.gov/federallregister/ 13362...... 70173 121...... 70180 E-mail 13363...... 70175 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13364...... 70177 121...... 70197 an open e-mail service that provides subscribers with a digital 13365...... 71333 form of the Federal Register Table of Contents. The digital form Administrative Orders: 14 CFR of the Federal Register Table of Contents includes HTML and Memorandums: 23...... 70885 PDF links to the full text of each document. Memorandum of 39 ...... 69807, 69810, 70368, October 21, 2004 ...... 70349 To join or leave, go to http://listserv.access.gpo.gov and select 70537, 70539, 71339, 71340, Presidential 71342, 71344, 71347, 71349, Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: (or change settings); then follow the instructions. 71351, 71353 No. 2005–07 of 71 ...... 70053, 70185, 70371, PENS (Public Law Electronic Notification Service) is an e-mail November 29, 70372, 70541, 70542, 71701, service that notifies subscribers of recently enacted laws. 2004 ...... 72109 71702, 72111, 72112 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR 73...... 70887, 72113 and select Join or leave the list (or change settings); then follow Proposed Rules: 317...... 70355 the instructions. 39 ...... 69829, 69832, 69834, 352...... 70355 69836, 69838, 69842, 69844, FEDREGTOC-L and PENS are mailing lists only. We cannot 359...... 70355 70202, 70204, 70564, 70566, respond to specific inquiries. 451...... 70355 70568, 70571, 70574, 70936, 530...... 70355 Reference questions. Send questions and comments about the 70938, 72134, 72136 Federal Register system to: [email protected] 531...... 70355 534...... 70355 71...... 70208, 71756 The Federal Register staff cannot interpret specific documents or 575...... 70355 15 CFR regulations. 841...... 69805 842...... 69805 732...... 71356 FEDERAL REGISTER PAGES AND DATE, DECEMBER 843...... 69805 734...... 71356 740...... 71356 69805–70050...... 1 6 CFR 742...... 71356 70051–70178...... 2 Proposed Rules: 744...... 71356 70179–70350...... 3 5...... 70402 750...... 69814 70351–70536...... 6 772...... 71356 7 CFR 70537–70870...... 7 806...... 70543 70871–71338...... 8 210...... 70871, 70872 Proposed Rules: 220...... 70872 710...... 70754 71339–71690...... 9 319...... 71691 711...... 70754 71691–72108...... 10 354...... 71660 712...... 70754 72109–74404...... 13 905...... 70874 713...... 70754 1005...... 71697 714...... 70754 1006...... 71697 715...... 70754 1007...... 71697 716...... 70754 1464...... 70367 717...... 70754 1775...... 70877 718...... 70754 1951...... 70883 719...... 70754 Proposed Rules: 720...... 70754 319...... 71736 721...... 70754

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722...... 70754 25...... 70547 71375, 71712, 72115, 72118 76...... 72020 723...... 70754 31...... 69819, 70547 180...... 70897, 71714 78...... 72020 724...... 70754 53...... 70547 271...... 70898 79...... 72020 725...... 70754 55...... 70547 712...... 70552 90...... 70378 726...... 70754 156...... 70547 Proposed Rules: 101...... 70378, 72020 727...... 70754 301...... 70547 52 ...... 69863, 70944, 70945, Proposed Rules: 728...... 70754 602...... 70547, 70550 71390, 71764 1...... 72046 729...... 70754 Proposed Rules: 60...... 69864, 71472 27...... 72046 63...... 69864 17 CFR 1...... 70578, 71757 73...... 71396 26...... 70404 93...... 72140 240...... 70852 301...... 71757 271...... 70946 248...... 71322 272...... 71391 49 CFR 275...... 72054 27 CFR 721...... 70404 171...... 70902 279...... 72054 9...... 70889, 71372 41 CFR 173...... 70902 Proposed Rules: 174...... 70902 240...... 71126, 71256 28 CFR Proposed Rules: 175...... 70902 242...... 71126 16...... 72114 51-2...... 70214 176...... 70902 249...... 71126 51-3...... 70214 29 CFR 177...... 70902 18 CFR 51-4...... 70214 178...... 70902 1926...... 70373 219...... 72133 11...... 71364 4011...... 69820 42 CFR Proposed Rules: 571...... 70904 4022...... 69820 Proposed Rules: 585...... 70904 Ch. 1 ...... 70077 1001...... 71766 4044...... 69821 586...... 70904 21 CFR 30 CFR 43 CFR 589...... 70904 590...... 70904 1...... 71562, 71655 18...... 70752 44...... 70557 596...... 70904 11...... 71562 938...... 71528, 71551 1880...... 70557 510...... 70053 597...... 70904 520...... 70053 33 CFR 44 CFR Proposed Rules: 522...... 70054, 70055 100...... 70551, 70552 64...... 70377 572...... 70947 558...... 70056 117 ...... 70057, 70059, 70373, 65 ...... 70185, 71718, 72128 1507...... 71767 880...... 70702 71704, 71706 67 ...... 70191, 70192, 71721, Proposed Rules: 165 ...... 70374, 71708, 71709 72131 165...... 70082 50 CFR Proposed Rules: 1301...... 70576 Proposed Rules: 14...... 70379 100...... 70578 67...... 72156, 72158 17...... 70382, 71723 22 CFR 110...... 71758 45 CFR 100...... 70074 122...... 70888 117 ...... 70091, 70209, 72138 165...... 70211, 71758 222...... 69826 129...... 70888 Proposed Rules: 223...... 69826 650...... 71395 23 CFR 35 CFR 300...... 71731 Ch. I ...... 71375 47 CFR 622...... 70196 655...... 69815 635 ...... 70396, 71732, 71735 0...... 70316 36 CFR 648...... 70919, 70923 24 CFR 1...... 70378, 72020 679...... 69828, 70924 570...... 70864 13...... 70061 2...... 71380, 72020 Proposed Rules: Proposed Rules: 242...... 70074 4...... 70316 206...... 70244 Proposed Rules: 11...... 72020 17 ...... 69878, 70412, 70580, 2004...... 70868 242...... 70940 15...... 71380, 72020 70971, 71284, 72161 3280...... 70016 18...... 70562 20...... 71770 37 CFR 21...... 72020 100...... 70940 25 CFR 201...... 70377 27...... 70378, 72020 226...... 71880 Proposed Rules: 253...... 69822 63...... 70316 229...... 70094 542...... 69847 64...... 71383 635...... 71771 40 CFR 73 ...... 71384, 71385, 71386, 648...... 70414 26 CFR 9...... 70552 71387, 72020 660...... 70973 1...... 70547, 70550 52 ...... 69823, 70893, 70895, 74...... 70378, 72020 679 ...... 70589, 70605, 70974

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REMINDERS rates determination (2005 quahogs; comments promulgation; various The items in this list were CY); published 12-13-04 due by 12-20-04; States: editorially compiled as an aid published 11-18-04 [FR California; comments due by 04-25640] to Federal Register users. COMMENTS DUE NEXT 12-20-04; published 11- Inclusion or exclusion from Northeast multispecies; 19-04 [FR 04-25625] WEEK this list has no legal comments due by 12- Oregon; comments due by significance. 20-04; published 11-19- 12-22-04; published 11- AGRICULTURE 04 [FR 04-25722] 22-04 [FR 04-25628] DEPARTMENT RULES GOING INTO Summer flounder, scup Environmental statements; Agricultural Marketing and black sea bass; availability, etc.: EFFECT DECEMBER 13, Service comments due by 12- 2004 Coastal nonpoint pollution Cotton classing, testing and 21-04; published 12-6- control program— standards: 04 [FR 04-26724] Minnesota and Texas; COMMERCE DEPARTMENT West Coast States and National Oceanic and Classification services to Open for comments growers; 2004 user fees; Western Pacific until further notice; Atmospheric Administration fisheries— International fisheries Open for comments until published 10-16-03 [FR Pacific sardine; comments regulations: further notice; published 03-26087] due by 12-23-04; Pacific tuna— 5-28-04 [FR 04-12138] Solid waste: Raisins produced from grapes published 12-8-04 [FR Land disposal restrictions— Bigeye tuna; purse seine 04-26953] and longline fisheries grown in— Chemical Waste restrictions; published California; comments due by COURT SERVICES AND Management, Chemical 12-10-04 12-20-04; published 12- OFFENDER SUPERVISION Services, LLC; site- Purse seine and longline 10-04 [FR 04-27162] AGENCY FOR THE specific treatment DISTRICT OF COLUMBIA fisheries restrictions in Spearmint oil produced in— standard variance for Semi-annual agenda; Open for Eastern Tropical Pacific Far West; comments due by selenium waste; Ocean; published 11- comments until further comments due by 12- 12-20-04; published 10- notice; published 12-22-03 12-04 21-04 [FR 04-23628] 20-04; published 11-19- DEFENSE DEPARTMENT [FR 03-25121] 04 [FR 04-25716] AGRICULTURE Civilian health and medical DEFENSE DEPARTMENT Chemical Waste DEPARTMENT program of uniformed Acquisition regulations: Management, Chemical services (CHAMPUS): Animal and Plant Health Pilot Mentor-Protege Services, LLC; site- TRICARE program— Inspection Service Program; Open for specific treatment National Defense Plant-related quarantine, comments until further standard variance for Authorization Act for foreign: notice; published 12-30-99 selenium waste; 2002 FY; Pine shoot beetle; [FR 04-27351] comments due by 12- implementation; medical comments due by 12-20- ENERGY DEPARTMENT 20-04; published 11-19- 04 [FR 04-25717] benefits, etc.; published 04; published 10-20-04 Meetings: 10-12-04 Water pollution control: [FR 04-22220] Environmental Management ENVIRONMENTAL AGRICULTURE Site-Specific Advisory National Pollutant Discharge PROTECTION AGENCY DEPARTMENT Board— Elimination System— Air quality implementation Rural Utilities Service Oak Ridge Reservation, Concentrated animal plans; approval and feeding operations in Telecommunications TN; Open for comments promulgation; various until further notice; New Mexico and States: specifications and standards: Oklahoma; general Materials, equipment and published 11-19-04 [FR California; published 10-14- 04-25693] permit for discharges; 04 construction— Open for comments Hazardous waste program Cable splicing connectors; ENERGY DEPARTMENT until further notice; authorizations: comments due by 12- Energy Efficiency and published 12-7-04 [FR Florida; published 10-14-04 20-04; published 10-20- Renewable Energy Office 04-26817] FEDERAL 04 [FR 04-23477] Commercial and industrial Water pollution; effluent COMMUNICATIONS COMMERCE DEPARTMENT equipment; energy efficiency guidelines for point source program: COMMISSION Industry and Security categories: Test procedures and Radio stations; table of Bureau Meat and poultry products efficiency standards— processing facilities; Open assignments: National security industrial Commercial packaged for comments until further Florida and Idaho; published base regulations: 11-17-04 boilers; Open for notice; published 9-8-04 Georgia; published 11-17-04 Defense priorities and comments until further [FR 04-12017] allocations system; rated Texas; published 11-17-04 notice; published 10-21- HEALTH AND HUMAN orders rejection; electronic 04 [FR 04-17730] SERVICES DEPARTMENT HOMELAND SECURITY transmission of reasons; ENERGY DEPARTMENT DEPARTMENT comments due by 12-22- Food and Drug Coast Guard 04; published 11-22-04 Federal Energy Regulatory Administration Drawbridge operations: [FR 04-25718] Commission Food for human consumption: New Jersey; published 11- Electric rate and corporate COMMERCE DEPARTMENT Salmonella; shell egg 23-04 regulation filings: producers to implement JUSTICE DEPARTMENT National Oceanic and Virginia Electric & Power prevention measures; Privacy Act; implementation; Atmospheric Administration Co. et al.; Open for comments due by 12-21- published 12-13-04 Fishery conservation and comments until further 04; published 9-22-04 [FR TRANSPORTATION management: notice; published 10-1-03 04-21219] DEPARTMENT Northeastern United States [FR 03-24818] Meetings; comments due Federal Railroad fisheries— ENVIRONMENTAL by 12-21-04; published Administration Atlantic surfclams, ocean PROTECTION AGENCY 10-7-04 [FR 04-22476] Alcohol and drug testing; quahogs, and Maine Air quality implementation Reports and guidance minimum random testing mahogany ocean plans; approval and documents; availability, etc.:

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Evaluating safety of Fort Wayne State Hartzell Propeller Inc.; www.archives.gov/ antimicrobial new animal Developmental Center; comments due by 12-20- federal—register/public—laws/ drugs with regard to their Open for comments until 04; published 10-20-04 public—laws.html. microbiological effects on further notice; published [FR 04-23366] bacteria of human health 5-10-04 [FR 04-10516] McDonnell Douglas; The text of laws is not concern; Open for SMALL BUSINESS comments due by 12-20- published in the Federal comments until further ADMINISTRATION 04; published 11-5-04 [FR Register but may be ordered notice; published 10-27-03 Disaster loan areas: 04-24729] in ‘‘slip law’’ (individual [FR 03-27113] Maine; Open for comments Airworthiness standards: pamphlet) form from the Medical devices— Superintendent of Documents, until further notice; Special conditions— Dental noble metal alloys U.S. Government Printing published 2-17-04 [FR 04- Cessna Model 172 series and base metal alloys; 03374] Office, Washington, DC 20402 airplanes; comments (phone, 202–512–1808). The Class II special SOCIAL SECURITY due by 12-22-04; text will also be made controls; Open for ADMINISTRATION comments until further published 11-22-04 [FR available on the Internet from Social Security benefits: notice; published 8-23- 04-25697] GPO Access at http:// 04 [FR 04-19179] Federal old age, survivors, Thielert Aircraft Engines www.gpoaccess.gov/plaws/ and disability insurance—- HOMELAND SECURITY modified Cessna Model index.html. Some laws may Administrative review DEPARTMENT 172 series airplanes; not yet be available. process; incorporation comments due by 12- Coast Guard by reference of oral 20-04; published 11-19- H.R. 4818/P.L. 108–447 Anchorage regulations: findings of fact and 04 [FR 04-25698] Maryland; Open for rationale in wholly Class E airspace; comments Consolidated Appropriations comments until further favorable written due by 12-20-04; published Act, 2005 (Dec. 8, 2004; 118 notice; published 1-14-04 decisions; comments 11-3-04 [FR 04-24461] Stat. 2809) [FR 04-00749] due by 12-20-04; HOUSING AND URBAN published 10-20-04 [FR TRANSPORTATION S. 2618/P.L. 108–448 DEVELOPMENT DEPARTMENT 04-23357] To amend title XIX of the DEPARTMENT OFFICE OF UNITED STATES National Highway Traffic Safety Administration Social Security Act to extend Practice and procedure: TRADE REPRESENTATIVE medicare cost-sharing for the Applications for grants and Trade Representative, Office Motor vehicle safety medicare part B premium for other financial assistance; of United States standards: qualifying individuals through electronic submission; Generalized System of Rear impact guards; September 2005. (Dec. 8, comments due by 12-23- Preferences: comments due by 12-20- 2004; 118 Stat. 3467) 04; published 11-23-04 2003 Annual Product 04; published 11-5-04 [FR [FR 04-25893] Review, 2002 Annual 04-24737] Last List December 10, 2004 INTERIOR DEPARTMENT Country Practices Review, TREASURY DEPARTMENT Fish and Wildlife Service and previously deferred Internal Revenue Service Endangered and threatened product decisions; Procedure and administration: species permit applications petitions disposition; Open Public Laws Electronic Recovery plans— for comments until further Timely mailing of documents Notification Service and payments treated as Paiute cutthroat trout; notice; published 7-6-04 (PENS) timely filing and paying; Open for comments [FR 04-15361] comments due by 12-20- until further notice; TRANSPORTATION 04; published 9-21-04 [FR published 9-10-04 [FR DEPARTMENT 04-21218] PENS is a free electronic mail 04-20517] Federal Aviation notification service of newly Endangered and threatened Administration enacted public laws. To species: Airworthiness directives: LIST OF PUBLIC LAWS subscribe, go to http:// Boulder darter and spotfin B-series combustion listserv.gsa.gov/archives/ chub; reintroduction to heaters, models B1500, This is a continuing list of publaws-l.html Shoal Creek, AL and TN; B2030, B3040, B3500, public bills from the current comments due by 12-20- B4050, and B4500; session of Congress which Note: This service is strictly 04; published 10-21-04 comments due by 12-20- have become Federal laws. It for E-mail notification of new [FR 04-23587] 04; published 10-22-04 may be used in conjunction laws. The text of laws is not NUCLEAR REGULATORY [FR 04-23620] with ‘‘PLUS’’ (Public Laws available through this service. COMMISSION Boeing; comments due by Update Service) on 202–741– PENS cannot respond to Environmental statements; 12-20-04; published 11-3- 6043. This list is also specific inquiries sent to this availability, etc.: 04 [FR 04-24540] available online at http:// address.

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CFR CHECKLIST Title Stock Number Price Revision Date 13 ...... (869–052–00038–8) ...... 55.00 Jan. 1, 2004 This checklist, prepared by the Office of the Federal Register, is 14 Parts: published weekly. It is arranged in the order of CFR titles, stock 1–59 ...... (869–052–00039–6) ...... 63.00 Jan. 1, 2004 numbers, prices, and revision dates. 60–139 ...... (869–052–00040–0) ...... 61.00 Jan. 1, 2004 An asterisk (*) precedes each entry that has been issued since last 140–199 ...... (869–052–00041–8) ...... 30.00 Jan. 1, 2004 week and which is now available for sale at the Government Printing 200–1199 ...... (869–052–00042–6) ...... 50.00 Jan. 1, 2004 Office. 1200–End ...... (869–052–00043–4) ...... 45.00 Jan. 1, 2004 A checklist of current CFR volumes comprising a complete CFR set, 15 Parts: also appears in the latest issue of the LSA (List of CFR Sections 0–299 ...... (869–052–00044–2) ...... 40.00 Jan. 1, 2004 Affected), which is revised monthly. 300–799 ...... (869–052–00045–1) ...... 60.00 Jan. 1, 2004 800–End ...... (869–052–00046–9) ...... 42.00 Jan. 1, 2004 The CFR is available free on-line through the Government Printing Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 16 Parts: index.html. For information about GPO Access call the GPO User 0–999 ...... (869–052–00047–7) ...... 50.00 Jan. 1, 2004 Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 1000–End ...... (869–052–00048–5) ...... 60.00 Jan. 1, 2004 The annual rate for subscription to all revised paper volumes is 17 Parts: $1195.00 domestic, $298.75 additional for foreign mailing. 1–199 ...... (869–052–00050–7) ...... 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 ...... (869–050–00169–1) ...... 60.00 Oct. 1, 2003 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 ...... (869–050–00171–3) ...... 64.00 Oct. 1, 2003 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 ...... (869–050–00172–1) ...... 55.00 Oct. 1, 2003 1000–end ...... (869–050–00173–0) ...... 62.00 Oct. 1, 2003 33 Parts: 1–124 ...... (869–052–00123–6) ...... 57.00 July 1, 2004 44 ...... (869–050–00174–8) ...... 50.00 Oct. 1, 2003 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 ...... (869–050–00177–2) ...... 50.00 Oct. 1, 2003 300–399 ...... (869–052–00127–9) ...... 40.00 July 1, 2004 1200–End ...... (869–050–00178–1) ...... 60.00 Oct. 1, 2003 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 ...... (869–050–00179–9) ...... 46.00 Oct. 1, 2003 41–69 ...... (869–050–00180–2) ...... 39.00 Oct. 1, 2003 36 Parts 70–89 ...... (869–050–00181–1) ...... 14.00 Oct. 1, 2003 1–199 ...... (869–052–00130–9) ...... 37.00 July 1, 2004 90–139 ...... (869–050–00182–9) ...... 44.00 Oct. 1, 2003 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 ...... (869–050–00184–5) ...... 34.00 Oct. 1, 2003 37 ...... (869–052–00133–3) ...... 58.00 July 1, 2004 166–199 ...... (869–050–00185–3) ...... 46.00 Oct. 1, 2003 *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 ...... (869–050–00188–8) ...... 61.00 Oct. 1, 2003 39 ...... (869–052–00136–8) ...... 42.00 July 1, 2004 20–39 ...... (869–050–00189–6) ...... 45.00 Oct. 1, 2003 40 Parts: 40–69 ...... (869–050–00190–0) ...... 39.00 Oct. 1, 2003 1–49 ...... (869–052–00137–6) ...... 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) ...... (869–050–00193–4) ...... 63.00 Oct. 1, 2003 53–59 ...... (869–052–00141–4) ...... 31.00 July 1, 2004 1 (Parts 52–99) ...... (869–050–00194–2) ...... 50.00 Oct. 1, 2003 60 (60.1–End) ...... (869–052–00142–2) ...... 58.00 July 1, 2004 2 (Parts 201–299) ...... (869–050–00195–1) ...... 55.00 Oct. 1, 2003 60 (Apps) ...... (869–052–00143–1) ...... 57.00 July 1, 2004 3–6 ...... (869–050–00196–9) ...... 33.00 Oct. 1, 2003 61–62 ...... (869–052–00144–9) ...... 45.00 July 1, 2004 7–14 ...... (869–050–00197–7) ...... 61.00 Oct. 1, 2003 63 (63.1–63.599) ...... (869–052–00145–7) ...... 58.00 July 1, 2004 15–28 ...... (869–050–00198–5) ...... 57.00 Oct. 1, 2003 63 (63.600–63.1199) ...... (869–052–00146–5) ...... 50.00 July 1, 2004 29–End ...... (869–050–00199–3) ...... 38.00 9Oct. 1, 2003 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 ...... (869–050–00200–1) ...... 60.00 Oct. 1, 2003

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Title Stock Number Price Revision Date 100–185 ...... (869–050–00201–9) ...... 63.00 Oct. 1, 2003 186–199 ...... (869–050–00202–7) ...... 20.00 Oct. 1, 2003 200–399 ...... (869–050–00203–5) ...... 64.00 Oct. 1, 2003 400–599 ...... (869–050–00204–3) ...... 63.00 Oct. 1, 2003 600–999 ...... (869–052–00207–1) ...... 19.00 Oct. 1, 2004 1000–1199 ...... (869–050–00206–0) ...... 26.00 Oct. 1, 2003 1200–End ...... (869–048–00207–8) ...... 33.00 Oct. 1, 2003 50 Parts: 1–16 ...... (869–050–00208–6) ...... 11.00 Oct. 1, 2003 17.1–17.95 ...... (869–050–00209–4) ...... 62.00 Oct. 1, 2003 17.96–17.99(h) ...... (869–050–00210–8) ...... 61.00 Oct. 1, 2003 17.99(i)–end ...... (869–050–00211–6) ...... 50.00 Oct. 1, 2003 18–199 ...... (869–050–00212–4) ...... 42.00 Oct. 1, 2003 200–599 ...... (869–050–00213–2) ...... 44.00 Oct. 1, 2003 600–End ...... (869–050–00214–1) ...... 61.00 Oct. 1, 2003 CFR Index and Findings Aids ...... (869–052–00049–3) ...... 62.00 Jan. 1, 2004 Complete 2004 CFR set ...... 1,342.00 2004 Microfiche CFR Edition: Subscription (mailed as issued) ...... 325.00 2004 Individual copies ...... 2.00 2004 Complete set (one-time mailing) ...... 298.00 2003 Complete set (one-time mailing) ...... 298.00 2002 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2003, through January 1, 2004. The CFR volume issued as of January 1, 2002 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 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. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2003. The CFR volume issued as of October 1, 2001 should be retained.

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