5–21–04 Friday Vol. 69 No. 99 May 21, 2004

Pages 29171–29410

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1 II Federal Register / Vol. 69, No. 99 / Friday, May 21, 2004

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2 III

Contents Federal Register Vol. 69, No. 99

Friday, May 21, 2004

Agricultural Marketing Service See National Oceanic and Atmospheric Administration RULES Olives grown in— Committee for Purchase From People Who Are Blind or California, 29171–29173 Severely Disabled Peaches, plums, and nectarines; grade standards NOTICES Correction, 29171 Procurement list; additions and deletions, 29260–29262 PROPOSED RULES Onions grown in— Commodity Credit Corporation Idaho and Oregon, 29244–29246 RULES NOTICES Loan and purchase programs: Federally restricted use of pesticides; certified applicators Grassland Reserve Program, 29173–29187 recordkeeping requirements; regulations confirmation, 29258–29259 Defense Department See Navy Department Agriculture Department RULES See Agricultural Marketing Service Civilian health and medical program of uniformed services See Animal and Plant Health Inspection Service (CHAMPUS): See Commodity Credit Corporation TRICARE program— See Forest Service Anesthesiologist’s assistants inclusion as authorized providers and cardiac rehabilitation in freestanding Animal and Plant Health Inspection Service cardiac rehabilitation facilities coverage, 29226– NOTICES 29230 Environmental statements; availability, etc.: PROPOSED RULES Erwinia amylovora, genetically engineered nonpathogenic Federal Acquisition Regulation (FAR): (avirulent) strains; field test, 29259–29260 Gains and losses on disposition or impairment of depreciable property or other capital assets, 29379– Blind or Severely Disabled, Committee for Purchase From People Who Are 29382 NOTICES See Committee for Purchase From People Who Are Blind Agency information collection activities; proposals, or Severely Disabled submissions, and approvals, 29274–29275 Centers for Disease Control and Prevention Meetings: NOTICES Electron Devices Advisory Group, 29275 Agency information collection activities; proposals, Denali Commission submissions, and approvals, 29310–29313 NOTICES Meetings: Five-year strategic plan; work plan (2005 FY), 29275–29284 Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 29313–29314 Education Department Civil Rights Commission NOTICES NOTICES Agency information collection activities; proposals, Meetings; State advisory committees: submissions, and approvals, 29284–29285 Massachusetts, 29262 Election Assistance Commission Coast Guard NOTICES RULES Meetings; Sunshine Act, 29285 Ports and waterways safety: Portland Captain of Port Zone, OR; safety zones, 29230– Employment and Training Administration 29232 NOTICES St. Croix, U.S. Virgin Islands; security zone, 29232–29234 Adjustment assistance: Safety and security zones, etc.; list of temporary regulations Crown Risdon USA, Inc., et al., 29330–29331 Correction, 29230 PROPOSED RULES Employment Standards Administration Ports and waterways safety: NOTICES Democratic National Convention, Boston, MA; security Agency information collection activities; proposals, zones, 29246–29250 submissions, and approvals, 29331–29332 NOTICES Minimum wages for Federal and federally-assisted Committees; establishment, renewal, termination, etc.: construction; general wage determination decisions, Commercial Fishing Industry Vessel Safety Advisory 29332–29334 Committee, 29316 Energy Department Commerce Department See Federal Energy Regulatory Commission See International Trade Administration See Hearings and Appeals Office, Energy Department

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NOTICES Hydroelectric applications, 29299–29300 Agency information collection activities; proposals, Meetings: submissions, and approvals, 29285–29286 California Independent System Operator Corp.; technical Electricity export and import authorizations, permits, etc.: conference, 29300 Dynegy Power Marketing, Inc., 29286 Applications, hearings, determinations, etc.: Meetings: Columbia Gas Transmission Corp., 29287 Environmental Management Site-Specific Advisory Columbia Gulf Transmission Co., 29287–29288 Board— Gulfstream Natural Gas System, L.L.C., 29288 Oak Ridge Reservation, TN, 29286–29287 Merimil L.P., 29288 PPL Montana, 29288–29289 Environmental Protection Agency Tennessee Gas Pipeline Co., 29289 RULES United Water Conservation District, 29289–29290 Air quality implementation plans; approval and promulgation; various States: Federal Maritime Commission California; withdrawn, 29240–29241 NOTICES Maryland, 29236–29238 Agreements filed; weekly receipts, 29307 New Jersey, 29234–29236 Pennsylvania, 29238–29240 PROPOSED RULES Federal Motor Carrier Safety Administration Air quality implementation plans; approval and RULES promulgation; various States: Motor carrier safety standards: California, 29250–29252 Special training requirements— NOTICES Entry-level commercial motor vehicles operators; Agency information collection activities; proposals, minimum training requirements, 29383–29405 submissions, and approvals, 29304–29306 Environmental statements; availability, etc.: Federal Railroad Administration Agency statements; comment availability, 29306 NOTICES Agency statements; weekly receipts, 29307 Exemption petitions, etc.: Association of American Railroads, 29343–29345 Executive Office of the President Northeast Illinois Regional Commuter Railroad Corp., See Presidential Documents 29345–29346

Federal Aviation Administration Federal Reserve System RULES NOTICES Airworthiness directives: Banks and bank holding companies: Alexander Schleicher GmbH & Co., 29218–29220 Formations, acquisitions, and mergers; correction, 29307– BAE Systems (Operations) Ltd., 29216–29218 29308 GARMIN International Inc., 29212–29215 Electronic Fund Transfer Act: Lycoming Engines, 29210–29212 Debit card fees disclosure study; information request, McDonnell Douglas, 29209–29210 29308–29310 Federal Communications Commission RULES Federal Transit Administration Radio stations; table of assignments: NOTICES Arizona, 29242 Agency information collection activities; proposals, Texas, 29241 submissions, and approvals, 29346 Texas and Louisiana, 29241–29242 Texas and Oklahoma, 29242–29243 Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Digital television stations; table of assignments: Endangered and threatened species: North Dakota, 29252–29253 Foreign species; findings on resubmitted petitions; Radio stations; table of assignments: description of progress on listing actions, 29353– Michigan, 29255–29256 29378 Ohio, 29255 NOTICES South Dakota, 29253–29254 Comprehensive conservation plans; availability, etc.: Texas, 29253–29255 Long Lake National Wildlife Refuge Complex, ND, 29323 Washington, 29254 Food and Drug Administration Federal Energy Regulatory Commission RULES NOTICES Food for human consumption: Electric rate and corporate regulation filings, 29290–29295 Current good manufacturing practice; public meeting, Environmental statements; availability, etc.: 29220–29222 Consolidated Water Power Co., 29295 NOTICES Reliant Energy Mid-Atlantic Power Holdings, LLC, Reports and guidance documents; availability, etc.: 29295–29296 Medical devices— South Carolina Gas & Electric Co., 29296 Effect on FDA review clock and performance Environmental statements; notice of intent: assessment; FDA and industry actions on Vista del Sol LNG Terminal LP et al., 29296–29299 premarket notification submissions, 29314–29315

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Forest Service Magnesium from— NOTICES China and Russia, 29329–29330 Meetings: Resource Advisory Committees— Labor Department Deschutes and Ochoco National Forests, 29260 See Employment and Training Administration See Employment Standards Administration General Services Administration PROPOSED RULES Land Management Bureau Federal Acquisition Regulation (FAR): NOTICES Gains and losses on disposition or impairment of Environmental statements; record of decision: depreciable property or other capital assets, 29379– South Powder River Basin Coal Area, WY, 29323 29382 Management framework plans, etc.: Nevada, 29323–29324 Health and Human Services Department See Centers for Disease Control and Prevention Minerals Management Service See Food and Drug Administration NOTICES See National Institutes of Health Agency information collection activities; proposals, submissions, and approvals, 29324–29327 Hearings and Appeals Office, Energy Department National Aeronautics and Space Administration NOTICES PROPOSED RULES Practice and procedure: Acquisition regulations: Crude oil overcharge refunds; distribution procedures, Administrative procedures and guidance, 29256–29257 29300–29304 Federal Acquisition Regulation (FAR): Homeland Security Department Gains and losses on disposition or impairment of See Coast Guard depreciable property or other capital assets, 29379– 29382 Housing and Urban Development Department NOTICES Meetings: NOTICES Advisroy Council, 29334 Grants and cooperative agreements; availability, etc.: Education Advisory Committee, 29334 Homeless assistance; excess and surplus Federal properties, 29317–29323 National Institutes of Health NOTICES Interior Department Agency information collection activities; proposals, See Fish and Wildlife Service submissions, and approvals, 29315–29316 See Land Management Bureau See Minerals Management Service National Oceanic and Atmospheric Administration See National Park Service NOTICES Meetings: Internal Revenue Service North Pacific Fishery Management Council, 29269–29270 PROPOSED RULES Western Pacific Fishery Management Council, 29270– Income taxes: 29273 Duplicate Forms 5472; electronic filing; cross reference Permits: Hearing cancelled, 29246 Scientific research, 29273–29274 NOTICES Agency information collection activities; proposals, National Park Service submissions, and approvals, 29349–29350 NOTICES Environmental statements; availability, etc.: International Trade Administration Lake Mead National Recreation Area, NV, 29327 NOTICES Mammoth Cave National Park, KY, 29327–29328 Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 29262 George Washington Memorial Parkway, VA; rowing Antidumping: facility, 29328 Aluminum plate from— South Africa, 29262–29266 Navy Department Cased pencils from— NOTICES China, 29266–29267 Inventions, Government-owned; availability for licensing, Freshwater crawfish tail meat from— 29275 China, 29267–29269 Meetings: Countervailing duties: Chief of Naval Operations, Executive Panel, 29275 Live swine from— Canada, 29269 Nuclear Regulatory Commission RULES International Trade Commission Regulatory guides; issuance, availability, and withdrawal, NOTICES 29187–29192 Import investigations: NOTICES Chlorinated isocyanurates from— Agency information collection activities; proposals, China and Spain, 29328–29329 submissions, and approvals, 29334–29335

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Environmental statements; availability, etc.: See Federal Motor Carrier Safety Administration Global Nuclear Fuel-Americas, LLC, 29337–29339 See Federal Railroad Administration Applications, hearings, determinations, etc.: See Federal Transit Administration Nuclear Management Co., LLC, 29335–29337 See Research and Special Programs Administration See Surface Transportation Board Presidential Documents ADMINISTRATIVE ORDERS Treasury Department Iraq: See Internal Revenue Service Protection of the Development Fund for Iraq and certain NOTICES other property; continuation of national emergency Agency information collection activities; proposals, (Notice of May 20, 2004), 29407–29410 submissions, and approvals, 29348–29349 Research and Special Programs Administration Veterans Affairs Department NOTICES Meetings: NOTICES International standards on transportation of dangerous Agency information collection activities; proposals, goods, 29346–29347 submissions, and approvals, 29350–29351 Securities and Exchange Commission NOTICES Separate Parts In This Issue Joint Industry Plan: National Association of Security Dealers, Inc., et al., Part II 29339–29341 Interior Department, Fish and Wildlife Service, 29353– Meetings; Sunshine Act, 29341–29342 29378 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 29342– Part III 29343 Defense Department; General Services Administration; National Aeronautics and Space Administration, Small Business Administration 29379–29382 RULES Small business size standards: Hearings and Appeals Office; procedural rules governing Part IV cases, 29192–29209 Transportation Department, Federal Motor Carrier Safety NOTICES Administration, 29383–29405 Disaster loan areas: Arkansas, 29343 Part V Executive Office of the President, Presidential Documents, State Department 29407–29410 RULES International Traffic in Arms regulations: U.S. Munitions List; amendments, 29222–29226 Reader Aids Surface Transportation Board Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Railroad services abandonment: and notice of recently enacted public laws. Burlington Northern & Santa Fe Railway Co., 29347, To subscribe to the Federal Register Table of Contents 29348 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Transportation Department archives, FEDREGTOC-L, Join or leave the list (or change See Federal Aviation Administration 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 Executive Orders: 13303 (See Notice of May 20, 2004)...... 29409 13315 (See Notice of May 20, 2004)...... 29409 Administrative Orders: Notices: Notice of May 20, 2004 ...... 29409 7 CFR 51...... 29171 932...... 29171 1415...... 29173 Proposed Rules: 958...... 29244 10 CFR Ch. 1 ...... 29187 13 CFR 121...... 29192 124...... 29192 125...... 29192 134...... 29192 14 CFR 39 (6 documents) ...... 29209, 29210, 29212, 29216, 29217, 29218 21 CFR 110...... 29220 22 CFR 121...... 29222 123...... 29222 26 CFR Proposed Rules: 1...... 29246 32 CFR 199...... 29226 33 CFR 100...... 29230 165 (3 documents) ...... 29230, 29232 Proposed Rules: 165...... 29246 40 CFR 52 (4 documents) ...... 29234, 29253, 29254, 29255 Proposed Rules: 52...... 29250 47 CFR 73 (4 documents) ...... 29241, 29242 Proposed Rules: 73 (7 documents) ...... 29252, 29253, 29254, 29255 48 CFR Proposed Rules: 31...... 29380 1852...... 29256 1853...... 29256 1872...... 29256 49 CFR 380...... 29384 50 CFR Proposed Rules: 17...... 29354

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Rules and Regulations Federal Register Vol. 69, No. 99

Friday, May 21, 2004

This section of the FEDERAL REGISTER List of Subjects in 7 CFR Part 51 committee locally administers the contains regulatory documents having general Agricultural commodities, Food marketing order regulating the handling applicability and legal effect, most of which of olives grown in California. are keyed to and codified in the Code of grades and standards, Fruits, Nuts, Reporting and recordkeeping Authorization to assess olive handlers Federal Regulations, which is published under enables the committee to incur expenses 50 titles pursuant to 44 U.S.C. 1510. requirements, Trees, Vegetables. that are reasonable and necessary to The Code of Federal Regulations is sold by PART 51—UNITED STATES administer the program. The fiscal year the Superintendent of Documents. Prices of STANDARDS FOR PEACHES began January 1 and ends December 31. new books are listed in the first FEDERAL The assessment rate will remain in REGISTER issue of each week. I Accordingly, 7 CFR part 51 is amended effect indefinitely unless modified, by making the following corrections: suspended, or terminated. I 1. The authority citation for part 51 DATES: Effective Date: June 21, 2004. DEPARTMENT OF AGRICULTURE continues to read as follows: FOR FURTHER INFORMATION CONTACT: Agricultural Marketing Service Authority: 7 U.S.C. 1622, 1624. Terry Vawter, Marketing Specialist, I 2. In § 51.1214, paragraphs (a)(2)(ii) California Marketing Field Office, 7 CFR Part 51 and (b)(2)(ii) are revised to read as Marketing Order Administration follows: Branch, Fruit and Vegetable Programs, [Doc. No. FV–00–303 C] AMS, USDA, 2202 Monterey Street, § 51.1214 Tolerances. Suite 102B, Fresno, California 93721; Peaches, Plums, and Nectarines; * * * * * telephone: (559) 487–5901, Fax: (559) Grade Standards (a) * * * 487–5906; or George Kelhart, Technical AGENCY: Agricultural Marketing Service, (2) * * * Advisor, Marketing Order USDA. (ii) 7 percent for defects causing Administration Branch, Fruit and ACTION: Final rule; correction. serious damage, included therein not Vegetable Programs, AMS, USDA, 1400 more than 5 percent for serious damage Independence Avenue, SW., STOP SUMMARY: This document corrects final by permanent defects and not more than 0237, Washington, DC 20250–0237; regulations published by the 2 percent for decayed peaches. telephone: (202) 720–2491, Fax: (202) Agricultural Marketing Service (AMS) * * * * * 720–8938. on February 27, 2004 [69 FR 9189] (b) * * * Small businesses may request revising the United States Standards for (2) * * * information on complying with this Grades of Peaches. The rule incorrectly (ii) 2 percent for peaches which are regulation by contacting Jay Guerber, established a tolerance of 2 percent for affected by decay. Marketing Order Administration soft, or overripe peaches en route or Branch, Fruit and Vegetable Programs, Dated: May 17, 2004. destination. This document corrects that AMS, USDA, 1400 Independence error. A.J. Yates, Avenue, SW., STOP 0237, Washington, Administrator, Agricultural Marketing DATES: Effctive Date: May 21, 2004. DC 20250–0237; telephone (202) 720– Service. FOR FURTHER INFORMATION CONTACT: 2491, Fax: (202) 720–8938, or e-mail: [FR Doc. 04–11515 Filed 5–20–04; 8:45 am] David Priester, Standardization Section, [email protected]. BILLING CODE 3410–02–P Fresh Products Branch, Fruit and SUPPLEMENTARY INFORMATION: This rule Vegetable Programs, Agricultural is issued under Marketing Agreement Marketing Service, U.S. Department of DEPARTMENT OF AGRICULTURE No. 148 and Order No. 932, both as Agriculture, 1400 Independence amended (7 CFR part 932), regulating Avenue, SW., Room 1661 South Agricultural Marketing Service the handling of olives grown in Building, STOP 0240, Washington, DC California, hereinafter referred to as the 20250–0240, Fax (202) 720–8871 or call 7 CFR Part 932 ‘‘order.’’ The order is effective under the (202) 720–2185; e-mail Agricultural Marketing Agreement Act [email protected]. [Docket No. FV04–932–1 FIR] of 1937, as amended (7 U.S.C. 601–674), SUPPLEMENTARY INFORMATION: Olives Grown in California; Decreased hereinafter referred to as the ‘‘Act.’’ Assessment Rate USDA is issuing this rule in Background conformance with Executive Order The final regulations that are the AGENCY: Agricultural Marketing Service, 12866. subject of this correction revised USDA. This rule has been reviewed under § 51.1214, Tolerances. ACTION: Final rule. Executive Order 12988, Civil Justice Reform. Under the marketing order now Need for Correction SUMMARY: The Department of in effect, California olive handlers are As published, the regulatory text in Agriculture (USDA) is adopting, as a subject to assessments. Funds to paragraphs (a)(2)(ii) and (b)(2)(ii) of final rule, without change, an interim administer the order are derived from § 51.1214 inadvertently included soft final rule that decreased the assessment such assessments. It is intended that the and overripe peaches with the tolerance rate established for the California Olive assessment rate established herein will for decayed peaches. This document Committee (committee) for the 2004 and be applicable to all assessable olives removes soft and overripe from the subsequent fiscal years from $13.89 to beginning on January 1, 2004, and decay tolerance. $12.18 per ton of olives handled. The continue until amended, suspended, or

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terminated. This rule will not preempt $1,230,590. The assessment rate of committee will continue to meet prior to any State or local laws, regulations, or $12.18 is $1.71 lower than the $13.89 or during each fiscal year to recommend policies, unless they present an rate previously in effect. a budget of expenses and consider irreconcilable conflict with this rule. Expenditures recommended by the recommendations for modification of The Act provides that administrative committee for the 2004 fiscal year the assessment rate. The dates and times proceedings must be exhausted before include $633,500 for marketing of committee meetings are available parties may file suit in court. Under development, $360,563 for from the committee or USDA. section 608c(15)(A) of the Act, any administration, and $225,000 for Committee and subcommittee handler subject to an order may file research. The committee also meetings are open to the public and with USDA a petition stating that the recommended a fiscal year 2004 interested persons may express their order, any provision of the order, or any expenditure of $50,000 for the views at these meetings. USDA will obligation imposed in connection with development of an enhanced flavor evaluate committee recommendations the order is not in accordance with law standards program. and other available information to and request a modification of the order Budgeted expenses for these items in determine whether modification of the or to be exempted therefrom. Such 2003 were $633,500 for marketing assessment rate is needed. Further handler is afforded the opportunity for development, $347,090 for rulemaking will be undertaken as a hearing on the petition. After the administration, $250,000 for research. necessary. The committee’s 2004 budget hearing USDA would rule on the There were no budgeted expenditures and those for subsequent fiscal years petition. The Act provides that the for the development of flavor standards would be reviewed and, as appropriate, district court of the United States in any and flavor-standards inspection training approved by USDA. district in which the handler is an for the 2003 fiscal year. inhabitant, or has his or her principal The California Agricultural Statistics Final Regulatory Flexibility Analysis place of business, has jurisdiction to Service (CASS) reported olive receipts Pursuant to requirements set forth in for the 2003–04 crop year at 102,703 review USDA’s ruling on the petition, the Regulatory Flexibility Act (RFA), the tons, which compares to 89,006 for the provided an action is filed not later than Agricultural Marketing Service (AMS) 2002–03 crop year. The increase in size 20 days after the date of the entry of the has considered the economic impact of of the 2003–04 crop, due in large part ruling. this rule on small entities. Accordingly, to the alternate-bearing characteristics of This rule continues in effect the AMS has prepared this final regulatory olives, has made it possible for the decreased assessment rate established flexibility analysis. for the committee for the 2004 and committee to recommend a decrease of The purpose of the RFA is to fit subsequent fiscal years from $13.89 per $1.71 per ton in the assessment rate regulatory actions to the scale of ton of assessable olives to $12.18 per ton from the previous $13.89 per assessable business subject to such actions to of assessable olives. ton to $12.18 per assessable ton. The The California olive marketing order assessment rate recommended by the ensure that small businesses will not be provides authority for the committee, committee was derived by considering unduly or disproportionately burdened. with the approval of USDA, to formulate anticipated expenses, actual olive Marketing orders issued pursuant to the an annual budget of expenses and tonnage received by handlers, and Act, and the rules issued thereunder, are collect assessments from handlers to additional pertinent factors. unique in that they are brought about administer the program under §§ 932.38 Income derived from handler through group action of essentially and 932.39. The members of the assessments, interest, and utilization of small entities acting on their own committee are producers and handlers reserve funds will be adequate to cover behalf. Thus, both statutes have small of California olives. They are familiar budgeted expenses. Funds in the reserve entity orientation and compatibility. with the committee’s needs and with will be kept within the maximum of There are approximately 1,200 the costs for goods and services in their approximately one fiscal period’s producers of olives in the production local area, and are, thus, in a position expenses as required by § 932.40 of the area and 3 handlers subject to regulation to formulate an appropriate budget and marketing order. under the marketing order. The Small assessment rate. The assessment rate is The assessable tonnage for the 2004 Business Administration (13 CFR deliberated and formulated in a public fiscal year is expected to be less than the 121.201) defines small agricultural meeting, and the expenditures are receipts of 102,703 tons reported by producers as those with annual receipts deliberated in various public CASS, because some olives may be less than $750,000, and small subcommittee meetings prior to the diverted by handlers for uses that are agricultural service firms as those with committee meeting. Thus, all directly exempt from marketing order annual receipts less than $5,000,000. affected persons have an opportunity to requirements. The quantity of olives Based upon information from the participate and provide input. expected to be diverted cannot be committee, the majority of olive For the 2003 and subsequent fiscal published in this document. The olive producers may be classified as small years, the committee recommended, and industry consists of only three handlers, entities, but only one of the three USDA approved, an assessment rate that two of which are much larger than the handlers may be classified as a small would continue in effect from one fiscal third, and the confidentially of this entity. year to another unless modified, handler information must be maintained This rule continues in effect the suspended, or terminated by USDA to protect the proprietary business decreased assessment rate established upon recommendation and information positions of each of the handlers. for the committee and collected from submitted by the committee or other The assessment rate will continue in handlers for the 2004 and subsequent information available to USDA. effect indefinitely unless modified, fiscal years. The assessment rate was The committee met on December 11, suspended, or terminated by USDA decreased from $13.89 per ton to $12.18 2003, and unanimously recommended upon recommendation and information per ton of assessable olives. The fiscal year 2004 expenditures of submitted by the Committee or other committee unanimously recommended $1,269,063 and an assessment rate of available information. 2004 fiscal year expenditures of $12.18 per ton of olives. In comparison, Although this assessment rate will be $1,269,063 at the assessment rate of last year’s budgeted expenditures were in effect for an indefinite period, the $12.18 per ton. That assessment rate is

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$1.71 per ton lower than the previous Subcommittees. Alternate spending requirements and duplication by rate. levels were discussed by these groups, industry and public sector agencies. The quantity of olive receipts for the based upon the relative costs and USDA has not identified any relevant 2003–04 crop year was reported by benefits to the olive industry of various Federal rules that duplicate, overlap, or CASS to be 102,703 tons, but the actual research and marketing projects, the conflict with this rule. assessable tonnage for the 2004 fiscal total quantity of assessable olives The interim final rule was published year is expected to be lower. This is received by handlers, and other in the Federal Register on February 9, because handlers are expected to divert pertinent factors. Such deliberations 2004 (69 FR 5905). Copies of the rule some olives to exempt outlets on which resulted in the recommended were provided to all handlers. Finally, assessments are not paid. The amount of assessment rate of $12.18 per ton of USDA and the Office of the Federal assessable tonnage cannot be reported in assessable olives. Register made the interim final rule this document because such information A review of historical industry available through the Internet. A 60-day must be kept confidential to protect the information and preliminary comment period was provided for business position of each of the three information pertaining to the upcoming interested persons to respond to the olive handlers. fiscal year indicates that the grower interim final rule. The comment period The $12.18 per ton assessment rate price for the 2003–04 crop year will be closed on April 9, 2004, and no should be adequate to meet this year’s a weighted average of $478 per ton for comments were received. expenses when combined with funds canning-size fruit and $254 per ton for A small business guide on complying from the authorized reserve and interest limited-use size fruit. The weighted with fruit, vegetable, and specialty crop income. Funds in the reserve will be average is calculated by the committee marketing agreements and orders may kept within the maximum of staff and takes into account the prices be viewed at: http://www.ams.usda.gov/ approximately one fiscal period’s per ton offered by each handler for fv/moab.html. Any questions about the expenses as required by § 932.40 of the various sizes of the major olive varieties compliance guide should be sent to Jay marketing order. produced. Guerber at the previously mentioned Expenditures recommended by the Approximately 85 percent of a ton of address in the FOR FURTHER INFORMATION committee for the 2004 fiscal year olives are canning sizes and 10 percent CONTACT section. include $633,500 for marketing are limited-use sizes, leaving the After consideration of all relevant development, $360,563 for balance as cull fruit. Thus, given the material presented, including the administration, and $225,000 for current anticipated grower prices, the information and recommendation research. The committee also average grower price per ton would be submitted by the committee and other recommended a fiscal year 2004 $431.70. The estimated assessment available information, it is hereby found revenue is expected to be approximately expenditure of $50,000 for the that this rule, as hereinafter set forth, 2.8 percent of the average grower price. development of an enhanced flavor will tend to effectuate the declared Total grower revenue on 102.703 tons standards program. policy of the Act. Budgeted expenses for these items in would be $44,336,885. 2003 were $633,500 for marketing This action will continue in effect the List of Subjects in 7 CFR Part 932 decreased assessment obligation development, $347,090 for Marketing agreements, Olives, imposed on handlers. While administration, and $250,000 for Reporting and recordkeeping assessments impose some additional research. There were no expenditures requirements. for the development of flavor standards costs on handlers, the costs are minimal and flavor-standards training for and uniform on all handlers. Some of PART 932—OLIVES GROWN IN inspection personnel in the 2003 fiscal the additional costs may be passed on CALIFORNIA year. to producers. However, these costs are Olive receipts totaled 102,703 tons for offset by the benefits derived by the I Accordingly, the interim final rule the 2003–04 crop year compared to the operation of the marketing order. amending 7 CFR part 932, which was previous crop year’s tonnage of 89,006. In addition, the committee’s meeting published at 69 FR 5905 on February 9, The committee has increased fiscal year was widely publicized throughout the 2004, is adopted as a final rule without 2004 expenses, but the increase in olive California olive industry and all change. interested persons were invited to production makes the lower assessment Dated: May 17, 2004. rate possible. attend the meeting and participate in The research expenditures will fund committee deliberations on all issues. Kenneth C. Clayton, studies to develop chemical and Like all committee meetings, the Acting Administrator, Agricultural Marketing scientific defenses to counteract a threat December 11, 2003, meeting was a Service. from the olive fruit fly in the California public meeting and all entities, both [FR Doc. 04–11512 Filed 5–20–04; 8:45 am] production area. Market development large and small, were able to express BILLING CODE 3410–02–P expenditures are the same because the views on this issue. The subcommittee committee’s marketing program for meetings, as well, were public and all DEPARTMENT OF AGRICULTURE fiscal year 2004 is similar. interested parties were encouraged to The committee reviewed the budget attend and provide comments. Finally, Commodity Credit Corporation and assessment rate, and unanimously interested persons were invited to recommended fiscal year 2004 submit information on the regulatory 7 CFR Part 1415 expenditures of $1,269,063, which and informational impacts of this action reflect decreased research expenditures on small businesses. RIN 0578–AA38 and increased administrative and This rule imposes no additional inspection expenditures. reporting or recordkeeping requirements Grassland Reserve Program While deliberating this budget, the on California olive handlers. As with all committee considered information from Federal marketing order programs, AGENCY: Commodity Credit Corporation various sources, such as the committee’s reports and forms are periodically (CCC), United States Department of Executive, Research, and Marketing reviewed to reduce information Agriculture (USDA).

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ACTION: Interim final rule with request (202) 720–1845; fax: (202) 720–4265; e- [email protected], Attention: for comments. mail: [email protected], Grassland Reserve Program and Attention: Grassland Reserve Program. electronically at http:// SUMMARY: The Farm Security and Rural Persons with disabilities who require www.nrcs.usda.gov/programs/GRP/. Investment Act of 2002 (2002 Farm Bill) alternative means for communication Federal Crop Insurance Reform and amended the Food Security Act of 1985, (Braille, large print, audiotape, etc.) Department of Agriculture to add the Grassland Reserve Program should contact the USDA Target Center Reorganization Act of 1994 (GRP). The purpose of this program is to at (202) 720–2600 (voice and TDD). assist landowners and others in SUPPLEMENTARY INFORMATION: Pursuant to section 304 of the Federal restoring and protecting eligible Crop Insurance Reform Act of 1994 grassland and certain other lands Regulatory Certifications (Pub. L. 103–354), USDA classified this through rental agreements and Executive Order 12866 rule as non-major. Therefore, a risk easements. This interim final rule sets analysis was not conducted. forth how the Secretary of Agriculture The Office of Management and Budget (the Secretary), using the funds, (OMB) determined that this interim Regulatory Flexibility Act facilities, and authorities of the final rule is significant and must be reviewed by the Office of Management The Regulatory Flexibility Act is not Commodity Credit Corporation (CCC), applicable to this Interim Final Rule will implement GRP to meet the and Budget under Executive Order 12866. USDA conducted a cost-benefit because the Commodity Credit statutory objectives of the program. Corporation (CCC) is not required by 5 USDA made a determination to issue analysis of the potential impacts associated with this Interim Final Rule. U.S.C. 553, or by any other provision of an Interim Final Rule with request for law, to publish a notice of proposed comments rather than a proposed rule Five options for determining State funding levels and their impacts on rulemaking with respect to the subject in order to implement the program in matter of this rule. fiscal year 2004 pursuant to this rule. enrollment are examined. The first two USDA believes it is critical to put into examine alternatives for balancing GRP Small Business Regulatory Enforcement place a rule that will guide the objectives. These options include: The Fairness Act of 1996 Department in implementing the Selected Option, which balances the This Interim Final Rule is not a major program while at the same time provide amount of grassland, number of rule as defined by section 804 of the the public with notice regarding how livestock operations, biodiversity, and Small Business Regulatory Enforcement the program will be implemented. landowner demand, and a continuation Fairness Act of 1996. This Interim Final USDA also gave consideration to the of FY2003 procedures, which is like the Rule will not result in annual effect on fact that GRP implementation will be Selected Option, except for not giving the economy of $100 million or more, a modeled after other established consideration to landowner demand. major increase in costs or prices, or conservation programs. USDA is using The three additional options examine significant adverse effects on its experiences from implementing other the consequences of concentrating on competition, employment, investment, similar programs to develop operating only a single objective, e.g., native productivity, innovation, or the ability procedures. USDA will consider all grasslands. of U.S.-based companies to compete in comments received when promulgating The Selected Option allocates State domestic and export markets. a final GRP rule. funding as a function of State number of grazing operations, acres of grassland DATES: The rule is effective May 21, Environmental Analysis under the threat of conversion, bio- 2004. Comments must be received by diversity considerations, and State An Environmental Assessment (EA) July 20, 2004. demand for funds, as measured by the has been prepared to assist in ADDRESSES: Send comments by mail to number of offers for the GRP. This determining whether this Interim Final Easement Division, Natural Resources process is the same used in FY2003, Rule would have a significant impact on Conservation Service, P.O. Box 2890, except it includes consideration of the quality of the human environment Washington, DC 20013–2890; or by e- interest within a State for demand for such that an Environmental Impact mail: [email protected]; attn: funds. This last component addresses Statement (EIS) should be prepared. Grassland Reserve Program. This rule high FY2003 participation demand. Based on the results of the EA, USDA may also be accessed via Internet Although the Selected Option enrolls proposes issuing a Finding of No through the NRCS homepage at http:// fewer grasslands than some other Significant Impact (FONSI) before a www.nrcs.usda.gov/programs/GRP by options, the Selected Option distributes final rule is published. Copies of the EA selecting ‘‘Farm Bill’’ from the menu, funds to States based on the number of and FONSI may be obtained from then ‘‘Rules published in the Federal grazing operations, the threat of Andree DuVarney, National Register,’’ and then selecting ‘‘Grassland grassland conversion to other uses, and Environmental Specialist, Ecological Reserve Program.’’ The rule may also be a bio-diversity index, recognizing the Sciences Division, Natural Resources reviewed and comments submitted via implicit equality given the three Conservation Service, P.O. Box 2890, the Federal Government’s centralized program objectives by the statute. The Washington, DC 20013–2890. The GRP rulemaking Web site at http:// demand component was used to capture EA and FONSI will also be available at www.regulations.gov. All comments, producer willingness to participate and the following Internet address: http:// including the name and address of each the quality of offers. Because this option www.nrcs.usda.gov/programs/GRP. commenter, will become a matter of balances the three statutory objectives, Written comments on the EA and public record, and may be viewed no single objective is maximized. FONSI should be sent to Andree during normal business hours by Copies of the analysis may be DuVarney, National Environmental contacting NRCS at the address above. obtained from Richard Swenson, Specialist, Ecological Sciences Division, FOR FURTHER INFORMATION CONTACT: Director, Easement Division, NRCS, P.O. Natural Resources Conservation Service, Richard Swenson, Director, Easement Box 2890, Washington, DC 20013–2890; P.O. Box 2890, Washington, DC 20013– Division, NRCS, P.O. Box 2890, telephone: (202) 720–1845; fax (202) 2890, or submit them via the Internet to Washington, DC 20013–2890; telephone: 720–4265; e-mail: [email protected].

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Paperwork Reduction Act Unfunded Mandates Reform Act of 1995 and general program development have been delegated to the Forest Service Section 2702 of the Farm Security and Pursuant to Title II of the Unfunded (FS). Activities identified in this interim Rural Investment Act of 2002 requires Mandates Reform Act of 1995, 2 U.S.C. rule as being conducted by the USDA or that the implementation of this 1531–1538, USDA assessed the effects the CCC will be performed by provision be carried out without regard of this rulemaking action of State, local, representatives of these three agencies, to the Paperwork Reduction Act, and tribal governments, and the public. This action does not compel the as appropriate. Chapter 35 of title 44, United States The GRP rental agreements and expenditure of $100 million or more by Code. Therefore, USDA is not reporting easements are designed for working any State, local, or tribal government, or recordkeeping or estimated paperwork agricultural lands. Therefore, the burden associated with this Interim anyone in the private sector; therefore, program provides incentives to protect Final Rule. a statement under section 202 of the Act grassland resources while enabling is not required. Government Paperwork Elimination Act agricultural producers to use the forage Background in their agricultural operation. There are NRCS is committed to compliance multiple enrollment duration options Historically, grassland and shrublands with the Government Paperwork for both the rental agreements and occupied approximately one billion Elimination Act (GPEA) and the easements. Freedom to E-File Act, which require acres, about half the landmass of the 48 In the 2002 Farm Bill Managers’ government agencies in general, and contiguous United States (Richard Report, Congress recommended that the NRCS in particular, to provide the Conner, Texas A&M, June 2001). GRP enrollment process be modeled public the option of submitting Roughly 50 percent of these lands have after the Conservation Reserve Program information or transacting business been converted to cropland, urban land, (CRP), 16 U.S.C.3835a and the Wetlands electronically to the maximum extent and other land uses. Privately owned Reserve Program (WRP), 16 U.S.C.3837 possible. grasslands (pastureland and rangeland) et seq. Like the CRP Continuous Sign- cover approximately 526 million acres Civil Rights Impact Analysis up and the WRP, applications for in this country (1997 National Resource program enrollment in GRP can be filed USDA has determined through a Civil Inventory (NRI)). Grasslands provide at any time throughout the year. Rights Impact Analysis that the issuance both ecological and economic benefits Application selection is based on of this rule discloses no to local residents and society in general. ranking and selection criteria developed disproportionately adverse impacts for Grassland importance lies not only in at the State level, following broad minorities, women, or persons with the immense area covered, but also in National guidelines. Although the GRP disabilities. Copies of the Civil Rights the diversity of benefits they produce. rental agreements are for working lands, Impact Analysis is available, and may These lands provide water for urban and the rental agreements are modeled after be obtained from Richard Swenson, rural uses, livestock products, flood the CRP long-term rental contracts. Director, Easement Division, Natural protection, wildlife habitat, and carbon Likewise, the easement acquisition Resources Conservation Service, P.O. sequestration. These lands also provide process is similar to that used in the Box 2890, Washington, DC 20013–2890, aesthetic value in the form of open WRP. With both GRP easements and and electronically at http:// space and are vital links in the rental agreements, participants will www.nrcs.usda.gov/programs/GRP. enhancement of rural social stability have the opportunity to utilize common and economic vigor, as well as being management practices to maintain the Executive Order 12988, Civil Justice part of the Nation’s history. Reform viability of the grassland acreage. Grassland loss through conversion to The Secretary evaluated whether the This Interim Final Rule has been other land uses such as cropland, GRP could be administered by reviewed in accordance with Executive parcels for home sites, invasion of partnering with third parties to acquire Order 12988, Civil Justice Reform. The woody or non-native species, and urban easements, similar to the Farm and rule is not retroactive and preempts development threatens grassland Ranch Lands Protection Program, 16 State and local laws to the extent that resources. About 24 million acres of U.S.C. 3838h and 3838i, and concluded such laws are inconsistent with this grasslands and shrublands were that the GRP statute does not provide rule. Before an action may be brought in converted to cropland or non- authority to do so. a Federal court of competent agriculture uses between 1992 through The GRP statute provides broad land jurisdiction, the administrative appeal 1997 (1997 National Resource eligibility criteria regarding the type of rights afforded persons at 7 CFR parts Inventory). grasslands that can be enrolled in the 614, 780, and 11 must be exhausted. In Fiscal Year (FY) 2003, GRP was program. USDA proposes in this implemented through a notice of funds Executive Order 13132, Federalism regulation to emphasize program availability published in the Federal implementation to preserve the Nation’s This Interim Final Rule has been Register on June 13, 2003 (See Federal most critical grassland resources, both reviewed in accordance with the Register Vol. 68, No. 114). The native and natural grasslands, and requirements of Executive Order 13132, document explained that in FY 2003, shrublands. Federalism. USDA has determined that CCC intended to use GRP to protect the rule conforms to the federalism grazing lands from conversion, and Discussion of the Program principles set forth in the Executive support efforts to maintain or enhance The Grassland Reserve Program (GRP) Order; would not impose any biodiversity. is a voluntary program to assist compliance cost on the States; and The Secretary has delegated authority landowners and agriculture operators in would not have substantial direct effects to implement GRP jointly to the restoring and protecting grassland and on the States, on the relationship Administrator, Farm Service Agency land that contains forbs and shrublands. between the Federal Government and (FSA), and the Chief, Natural Resources The Secretary of Agriculture delegated the States, or on the distribution of Conservation Service (NRCS). In the authority to administer GRP on power and responsibilities on the addition, limited responsibilities behalf of the Commodity Credit various levels of government. associated with easement management Corporation, to the Chief, Natural

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Resources Conservation Service (NRCS) including 30 years, permanent, or for for selection of projects at the State and the Administrator, Farm Service the maximum duration allowed under level. This approach allows USDA to Agency (FSA). These agency leaders are State law; or rental agreements with a enhance its ability to address State Vice Presidents of the CCC. NRCS has duration of 10-, 15-, 20-, or 30-years. grassland concerns, as well as enable the lead responsibility on technical Participants can enter into a restoration States to use all conservation programs issues and easement administration, and agreement in conjunction with either an in a coordinated effort to address FSA has the lead responsibility for easement or rental agreement, at the grassland concerns, giving consideration rental agreement administration and discretion of the USDA and if desired by to the entire ecosystem. USDA financial activities. The Secretary also the participant, to restore the ecological recognizes that this approach results in delegated authority to the Forest Service functions and values of these lands. The some differences between State ranking to hold easements at the option of the GRP statute does not authorize USDA to criteria, and that it may be more landowner, on properties adjacent to use restoration agreements as a stand- challenging to address specific national USDA Forest Service properties. At the alone enrollment option. priorities. USDA welcomes comments State level, the NRCS State As set forth in section 1415.5, land is on this decision. State ranking criteria Conservationist and the FSA State eligible if it is privately owned land, will be available to the public through Executive Director will determine how including tribal land, and it is: (1) local USDA service centers or on the best to utilize the human resources of Grassland, land that contains forbs, or NRCS Grassland Reserve Program web both agencies to deliver the program shrubs (including rangeland and site. See http://www.nrcs.usda.gov. and implement National policies in an pastureland); or (2) located in an area Select ‘‘Programs’’ from the menu, then efficient manner. that has been historically dominated by ‘‘Grassland Reserve Program.’’ Anyone The program has a statutory grassland, forbs, and shrubs and has having comments on the 2003 State enrollment cap of two million acres of potential to provide habitat for animal ranking criteria should refer the restored or improved grasslands. USDA or plant populations of significant comments to the respective NRCS State may enroll an excess of two million ecological value if the land is retained Conservationist or FSA State Executive acres in the program, providing the in the current use of the land or restored Director located in the USDA State additional acreage does not require to a natural condition. Lands incidental Office. Addresses for the State offices restoration, and the program has to the above described eligible lands are available at http:// sufficient funding. The statute also may also be enrolled if the Secretary www.fsa.usda.gov/pas/default.asp. requires that 40 percent of the program determines enrollment of such land is Select ‘‘Your State Office’’ from the funds be used for 10-year, 15-year, and necessary for the efficient menu bar. 20-year rental agreements, and 60 administration of a rental agreement or percent of the funds be used for 30-year easement. Privately owned land does USDA seeks public comment on the rental agreements and easements. not include land owned by the Federal, criteria and weighting factors that As defined in this rule, the term State, or local government. should be used to allocate funds to ‘‘restoration’’ not only includes USDA, at the State level, based on States, and the national guidance from restoring grassland from cropland and national guidance, shall establish which States develop their individual other uses, but it also refers to criteria to evaluate and rank ranking criteria. In particular, USDA improving lands with existing stands of applications for easements and rental asks that respondents provide grasses, forbs, and shrubs. USDA has agreements as outlined in this information on credible data that is defined ‘‘restoration’’ as the regulation at section 1415.8. As required national in scope related to grassland implementation of any conservation by statute, emphasis will be placed on plant and animal biodiversity. The practice (vegetative, management, or supporting grazing operations, plant and current allocation formula, developed structural) that improves the values and animal biodiversity, and grassland and by USDA at the national level, includes functions of grasslands (native and land containing shrubs or forbs under data from the NRI regarding pasture and natural plant communities). The term the greatest threat of conversion. rangeland conversion, prime farmland ‘‘improves’’ in this context means taking USDA evaluated the following two used as range or pasture, and total range an existing grassland and moving it approaches for allocating funds to and pastureland acreage. From toward a higher functioning grassland projects. One approach is to allocate agriculture statistics USDA uses data condition. The definition of restoration funds to States using a formula that regarding agriculture operations. USDA is found in section 1415.3 of this rule. incorporates factors associated with the also includes information from the U.S. This regulation does not define the program’s areas of emphasis. Under this Fish and Wildlife Service about required restored condition in order to approach, each NRCS State threatened and endangered plant and allow for flexibility in making such Conservationist and the FSA State animal species. The data was determinations at the local level in Executive Director would be given the categorized as either being a accordance with local conditions and responsibility to develop, within broad biodiversity, conversion, or grazing desired outcomes. USDA recognizes that national guidelines and with input from operation factor. In addition, now that restoration includes the process of State Technical Committees, ranking USDA has collected program demand establishing practices and managing the criteria against which to evaluate and data from the 2003 signup, there will be land to reach a desired grassland select applications for funding. a demand factor included in the State condition. Enrolled lands will require Another approach is to develop allocation formula. Program demand periodic manipulation to maximize national criteria and have all data is expressed in terms of total wildlife habitat and preserve grassland applications evaluated and selected applications received, total acres offered functions and values over time. The nationally. Allocations would not be for enrollment, and total estimated cost ‘‘restored’’ grassland condition will be provided to States. USDA has used both of applications received. For fiscal year determined by the NRCS State approaches when implementing other 2004 and beyond, demand may be Conservationist, with input from the conservation programs. Based on its reflected in terms of applications State Technical Committee. experience with implementing GRP in received, acreage associated with such GRP enrollment options include fiscal year 2003, USDA is adopting the applications, funding needs associated easements with various durations, approach of allocating funds to States with unfunded applications, or a

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combination of all three. USDA intends permanent easement. Easement Rental Agreements to provide equal weight to each area of payments may be provided in one lump Section 1415.4 provides that emphasis (grazing operations, threat of sum payment at the time of closing or landowners and other people who have conversion, and biodiversity of plants participants may elect to receive general control of property may apply and animals) and the demand category installment payments. Participants who for enrollment in rental agreements in the allocation formula. elect to receive installment payments through GRP. Applicants who are not Once USDA State offices receive their can receive no more than 10 annual landowners need to provide evidence of allocation, FSA and NRCS, at the State payments of equal or unequal amount, control of the property for the length of level, will determine the distribution of as agreed to by the USDA and the the agreement. If rental agreement funds within the State, with input from landowner. payments are to be divided between the the State Technical Committee. FSA and landowner and other participants or NRCS may allocate funds to regions USDA has developed a standard based on natural resource priority, conservation deed that the United States multiple landowners, the rental distribute funds for easements and will use for all easements purchased agreement will need to be signed by all rental agreements based on landowner under GRP. A copy of the deed may be parties, indicating their respective share interest in the various enrollment viewed at http://www.nrcs.usda.gov. of the payments. As required by statute, rental payment options, or establish funding pools. If a Subsurface Resource Concerns State office lacks funds to enroll an amounts will not exceed 75 percent of the grazing value for the length of the entire project, the applicant will be In promulgating this rule, USDA provided the opportunity to reduce the agreement. Rental payments will be considered whether the exploration and paid annually after the anniversary date amount of land offered, or change the development of subsurface resources duration of the enrollment option, of the agreement. Local grazing values was compatible with the purpose of are determined based on a methodology providing the ranking score is not GRP. The GRP statute provides that the lowered below the score of the next developed for the CRP using estimated conduct of any activity that would forage production by soil type and application on the ranking list. If the disturb the surface of the land covered applicant declines adjusting the offered knowledge of local rental rates. USDA by the GRP easement or rental will make administrative adjustments to acreage level, the USDA at the State agreement is prohibited, except for level can accept the next eligible local rates in areas where there is a restoration, fire rehabilitation, and application on the list of unfunded dramatic difference between county construction of fire breaks. Therefore, applicants. rates. County rental rates will be posted the extraction of subsurface resources is in USDA Service Centers after being Easements prohibited on all lands participating in evaluated locally by USDA Section 1415.4 provides that for GRP. However, subsurface resource representatives to determine whether participation in an easement option, the exploration and extraction is the rates generally reflect local applicant must be the owner of the permissible when it is accomplished prevailing rental rates. There may be eligible land. To grant an easement to remotely, that is from adjacent land not some significant differences within a the United States, the landowner must covered by a GRP easement, and when State due to elevation changes and possess clear title to the land or be able it does not result in subsidence or any precipitation variability. to provide subordination agreements other adverse effects to the surface Persons who participate in a rental from third parties with interest in the estate. USDA finds the extraction of agreement may offer the land for an land, and provide access to the property certain materials, such as gravel, to be easement, providing the duration of the from a public road. The landowner must inconsistent with the purposes of the easement exceeds the duration of the comply with the terms of the easement program. USDA contemplated rental agreement, the application ranks and associated restoration agreement, if appraising land based on surface rights high enough to be funded, all other one is required. alone, but determined that this appraisal eligibility criteria are met, and funds are Easement payments are based on the method prohibits USDA from restricting available to acquire an easement. The current market value of the land less the the disturbance of the surface when easement application will be considered grazing value of the land encumbered by such rights are owned by the GRP a new offer that will be evaluated with the easement. Under the terms of the participation landowner. Therefore, the all other new offers. The rental easement, in addition to the use of the easement appraisal will consider full agreement will be terminated upon forage, the landowner retains the right market value rather than surface value, easement closing. This policy allows to grassland uses so long as such use is in those instances where the applicant USDA to obtain longer term protection compatible with maintaining the owns the rights to the surface and on lands considered valuable for viability of the grassland resources. In subsurface estate. enrollment. This policy will apply to addition to grazing, haying, mowing, those individuals who signed up for a and seed production, other uses may For rental agreements, USDA is rental agreement in FY2003 and include hunting, fishing, hiking, adopting subsurface resource policy subsequent years. camping, bird watching, and other non- similar to that of the Conservation motorized recreational activities. Since Reserve Program. If the subsurface Provisions That Apply to Both landowners retain certain rights to resources are severed and the owner of Easements and Rental Agreements grassland resources, for appraisal such rights decides to extract the Program participants are subject to the purposes, grazing value has been resources, the affected land will be Adjusted Gross Income Limitation set defined as grassland value. Land values terminated from the rental agreement forth at 7 CFR part 1400. In summary, will be determined through a site- with no penalty to the participant. If the this limitation provides that individuals specific appraisal. For 30-year rights are not severed and the or entities that have an average adjusted easements, or an easement for the landowner participant exercises such gross income exceeding $2.5 million for maximum duration allowed under State rights, the participant will have to the three tax years immediately or tribal law, a landowner receives 30 refund to the USDA payments received preceding the year the contract is percent of the appraised value for a on the affected acres. approved are not eligible to receive

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program benefits or payments, unless 75 protect the functions and values of the conservation organizations and percent of the adjusted gross income is grassland and shrubland. In addition to Congressional representatives that GRP derived from farming, ranching, or reestablishing desirable grass cover, should focus on restoring and protecting forestry operations. Easement or rental restoration practices may include native and natural grasses, shrubs, and agreement payments received by a practices associated with grazing forbs. The statute identifies eligible land participant shall be in addition to any management, or other management as grassland, land that contains forbs, or payments that the participant is activities designed to preserve grassland shrubland. It does not identify whether otherwise eligible to receive under other acreage, such as controlled burns. The the program should emphasize native Federal laws. GRP statute provides that payments may species, nor does it exclude certain As required by statute, easements and be made to the participant of not more types of grassland or shrublands from rental agreements will: than 90 percent for the cost of carrying being enrolled in the program. However, (1) Permit grazing on the land in a out restoration measures and practices USDA recognizes that grassland and manner that is consistent with on grassland and shrubland that has shrublands that are native support an maintaining the viability of the never been cultivated, and not more abundant diversity of plant and animal grassland, shrubs, forbs, and habitat for than 75 percent on restored grassland species along with other attributes. wildlife species adapted to the locality. and shrubland that at one time was Once native grassland or shrubland is (2) Permit haying, mowing, or cultivated. Cost-shared practices shall converted, it is often impractical, and harvesting for seed production, except be maintained by the participant for the sometimes impossible, to restore the during the nesting season for birds in life of the practice. The life of the land with its many attributes back to its the local area that are in significant practice is determined by the NRCS original state. In many areas of the decline. When bird species are State Conservationist, and shall be country where it is impractical to identified by USDA as needing consistent with other USDA restore native plant species, other protection during the nesting season, conservation programs. All conservation nonnative species have been used to mowing, haying, and harvesting of grass practices will be implemented in serve similar purposes. Consequently, seed will be permitted as determined by accordance with the NRCS Field Office USDA proposes to emphasize protecting the NRCS State Conservationist in Technical Guide. those eligible lands that consist of accordance with Federal and State law. native and natural species. In making this determination, NRCS Summary of Provisions and Request for will consult with the State Technical Comment Conservation organizations and Congressional representatives also Committee, which includes USDA welcomes comments on all representation from appropriate State expressed that USDA should use the aspects of this Interim Final Rule. The Farm and Ranch Lands Protection and Federal agencies. following describes the specific (3) Allow for fire rehabilitation and Program (FRPP) to protect land subject requirements in each section of the to urban conversion pressures, and that construction of firebreaks, fences, regulation. Activities identified in this watering facilities, and practices that GRP should focus on lower cost land regulation as being conducted by USDA subject to other conversion pressures protect and restore the grasslands or the CCC, will be performed by functions and values. outside of developing urban areas. representatives of either the Farm (4) Prohibit the production of row These concerns primarily result from Service Agency, the Natural Resources crops, fruit trees, vineyards, or any other the high cost of easements in urban Conservation Service, or the U.S. Forest agricultural commodities or activity that areas. The Secretary has the authority Service. Additionally, USDA fully requires disturbance of the soil surface, through FRPP, not GRP, to leverage intends to use the services of third party except for those activities permitted Federal funds with non-Federal funds. providers identified in 7 CFR part 652. above. Grassland and wildlife The GRP statute does not provide the management practices and restoration Section 1415.1 Purpose Secretary the flexibility to offer activities that require disturbing the soil This section sets forth the purpose easement applicants amounts lower surface, such as light discing, will be and objectives of the program. In than the fair market value less the permitted at the discretion of USDA. carrying out this program, the Secretary grazing value, nor does the USDA have Both GRP easements and rental will focus GRP resources on the the authority to share with other third agreements will require that the land is following: parties the cost of acquiring easements. managed to maintain the vitality of the 1. Preserving native and natural Therefore, the Secretary has been plant community as described in the grasslands and shrublands; contemplating how the implementation conservation plan. The plan will take 2. Protecting grassland and shrubland of these two easement programs should into account management practices from the threat of conversion; fit together. When considering the scope necessary for the control of invasive conversion refers to all threats, of eligible lands, the amount of interest species. At the discretion of USDA and including conversion to non agriculture expressed by people to participate in subject to funding availability, uses, conversion to cropland, and GRP (approximately 13,000 applications landowners may include a restoration vegetation changes to non-grassland offering 8.9 million acres received in FY agreement with both enrollment options covers; 2003), and the limited GRP funding, the that will provide for: maintaining the 3. Supporting grazing operations; and Secretary determined that USDA can viability of the grassland; sufficient 4. Maintaining and improving plant preserve far greater grassland resources ground cover to protect the soil from and animal biodiversity. if GRP focuses on non-urban lands. The wind and water erosion; forage The Secretary has determined that it Secretary recognizes that in some States production for grazing animals, and makes sense to focus the program on the primary threat to grassland is urban wildlife habitat. The grassland those grasslands and shrublands that are development, and that GRP rental restoration plan will be implemented at greatest risk of being lost. Therefore, agreement payment rates will provide according to the schedule developed by the overall program emphasis will be on little incentive to keep the acreage in USDA. Restoration agreements will preserving native and natural species. grass cover. Since easement costs in provide cost-share assistance for After completing the FY 2003 sign-up, areas with intense urban pressures tends installing practices that will restore or USDA received feedback from to be quite high on a per acre basis, and

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FRPP is able to leverage a large without requiring that certain species of certain level have virtually no chance of percentage of funds with non-Federal grasses, shrubs, or forbs be planted. This being accepted into the program due to sources while GRP cannot, the Secretary policy makes sense considering the intense competition. However, the may utilize FRPP easements to the general purpose of the authorizing statute directs which lands are eligible extent practical on lands under extreme statute on land eligibility and the high for consideration under GRP. threat of conversion to non-agricultural cost of reestablishing native grasses in Accordingly, rather than establish uses. However, the focus of FRPP will some settings. Management policy that impacts eligibility, USDA remain protecting lands for broad requirements may change over the life determined to address this issue agricultural use, including cropland. of the easement or rental agreement through the ranking criteria at the State The Secretary intends to take a common based on the natural resource response level. Allowances shall be made to sense approach to implementing both to such activities. Since the GRP statute ensure the ranking criteria does not programs, and where it is more is not specific about the types of land discriminate against small or limited appropriate or strategically that should be enrolled in the program, resource producers. USDA will advantageous to protect important once land has been accepted into the periodically review the types of projects grassland in urbanizing areas, the USDA program USDA seeks input on whether being enrolled and compare those may use GRP to purchase easements in a participant should be able to maintain projects with the applications being those areas. USDA State offices will be the current cover even if it contains a submitted for participation to evaluate provided the flexibility to minimize the monoculture of a less desirable species, whether small or limited resource enrollment of high cost projects by or whether a participant should be producers are being routinely prohibited considering cost in the State ranking required to manage the property to from participating in the program. criteria. move toward a certain natural resource Section 1415.5(f) makes land condition. USDA is reluctant to require ineligible if it is already protected by an Section 1415.2 Administration participants to fully restore project easement or contract that requires the This section includes language on acreage to native species because of the GRP applicant to maintain the grassland general program administration and extreme cost, and in some localities, it resources. If the existing easement or policy that sets forth the role of the State is impractical to do so. However, in agreement is with USDA or with a Technical Committee in the instances where a grassland cover does program funded through USDA, USDA development of criteria for ranking and not exist, participants will be required will look to the program rules of the selecting applications and addressing to establish a grassland cover with existing contract or the terms of the related technical and policy matters in either native or natural species to the easement to determine whether such the implementation of the program. extent it is practical, as determined by agreement can be canceled in order to the NRCS State Conservationist. enroll the land in GRP. This policy was Section 1415.3 Definitions determined because it is not fiscally This section defines terms used Section 1415.5 Land Eligibility responsible to pay someone twice for throughout the proposed rule. Some of The language in this section identifies the same natural resource protection. the terms in this section such as eligible land as defined in the GRP USDA welcomes comment on this Administrator, Chief, Commodity Credit statute. The GRP statute does not restrict policy, especially as it relates to the Corporation, Cost-share, Department, the amount of acreage a landowner can relationship between GRP and the etc., are not unique to GRP, and the offer for the program or the maximum Conservation Reserve Program, definitions are consistent with payment a person can receive over the Environmental Quality Incentives definitions in other program regulations. life of the contract or otherwise. The Program and the Wildlife Habitat For other terms, such as grassland value, statute does provide for a minimum Incentives Program. grazing value, restored grassland, acreage enrollment level. Section 1415(g) of the Interim Final restoration etc. this section defines how Section 1415.5(d) provides that 40 Rule addresses the issue of third party these terms will be utilized for GRP. contiguous acres is the minimum ownership of subsurface mineral rights acreage offer that will be accepted in the on land proposed for enrollment under Section 1415.4 Program Requirements program, however, less than 40 acres a rental agreement or an easement. In this section, USDA identifies the may be accepted if USDA grants a Specifically, this rule provides that such requirements for participation in GRP. waiver. USDA recognizes that some lands may be enrolled in GRP. If the Earlier in the preamble § 1415.4(a) was grassland habitat is considered third party exercises such rights during referenced regarding ownership irreplaceable and thus has determined the agreement period, the agreement requirements. Section 1415.4(c) requires to provide States the discretion to will be terminated without penalty on that participants follow a conservation determine when the 40 acre minimum the affected land. The land may be plan that maintains the viability of the requirement will be waived. Decisions reoffered for the program at a later date grassland regardless of the grassland associated with this waiver should be if the grassland resources are restored, use. The Secretary has determined that granted based on input from the State subject to eligibility rules and funding at such a requirement is needed to Technical Committee and local natural that time. For easement enrollment, carryout the purposes of GRP (see 16 resource concerns. USDA policy is to such lands may only be offered if the U.S.C. 3830o). The level of restoration ensure that NRCS State Conservationists third party subordinates its rights to the or management required in a make this determination based on all resources or if USDA determines that conservation plan is established by the the purposes of GRP as provided for in the risk to the grassland resources is NRCS State Conservationist in each § 1415.1. State Conservationists may minimal if such rights are exercised (i.e., State, with input from the State consider establishing separate funding would not undermine the conservation Technical Committee. pools based on offer size. purposes of the easement). USDA is seeking input regarding GRP USDA considered providing States project management. Under this rule, greater flexibility to set minimum Section 1415.6 Participant Eligibility USDA is requiring participants to acreage levels in States where there is a This section sets forth the eligibility manage the GRP acreage to move toward strong interest in preserving very large for participation in GRP. Only a certain natural resource condition blocks of grassland and offers below a landowners may participate in the

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easement option, because only USDA does provide its offices at the However, the Secretary determined the landowners have the ability to convey State level, the flexibility to establish statute, by requiring a fair market property rights. Both landowners and one or more ranking pools. Although valuation, does not permit a non- tenants can participate in the rental each pool will use the State established appraisal approach to valuing agreement enrollment options. ranking criteria, the projects within one conservation easements. However, if a tenant wishes to pool will only compete with similar Section 1415.11 Restoration participate without a landowner, the projects. USDA, at the State level, may Agreements tenant must provide evidence of control determine the portion of its funds to for the duration of the agreement period. direct to each established ranking pool. This section sets forth the terms and Since the GRP is a Title XII program, Ranking pools will be established prior conditions under which USDA will all participants are subject to the to conducting a signup. enter into a restoration agreement. GRP does not have the authority to enroll conservation compliance requirements Section 1415.9 Enrollment of found in 7 CFR, part 12. land in restoration agreements as a Easements and Rental Agreements separate, stand-alone enrollment option. Section 1415.7 Application Procedures This section describes the process for Consequently, USDA will only enter This section provides general enrollment in GRP which is similar to into restoration agreements in information about the application that used for the Conservation Reserve conjunction with easements and rental process. Interested applicants can file an Program for rental agreements and the agreements at the discretion of USDA, Wetlands Reserve Program for application at any time with their local subject to available funding, and when easements. This approach was suggested USDA Service Center. it is supported by the participant. by Congress in the Managers Report to Eligible practices include land Section 1415.8 Establishing Priority for the authorizing statute. For rental management, vegetative, and structural Enrollment of Properties agreement projects, land is considered practices and measures that will enrolled when the rental agreement is This section sets forth policy for improve the grassland and shrubland approved by USDA. For easement developing the ranking and evaluation ecological functions. Specific practices projects, land is considered enrolled criteria. The GRP statute directs the eligible for payment will be determined when a landowner accepts a letter of Secretary to emphasize support for by the USDA at the State level with tentative acceptance by signing advice from the State Technical grazing operations, plant and animal documentation that indicates the biodiversity, and the threat of Committee. Limitations on cost-share landowner’s intent to continue with the rates set forth in this rule are those conversion in project selection. It does project. not give guidance about whether any of provided for in the GRP statute at 16 these factors should be given greater Section 1415.10 Compensation for U.S.C. 3838p. consideration than the others. Easements and Rental Agreements Section 1415.12 Modifications As discussed earlier in the preamble, This section sets forth the This section describes when USDA is placing a priority on protecting methodology for determining easements and rental agreements may be native or natural grassland and compensation for both easements and modified. For both easements and rental shrubland in the ranking process to the rental agreements. For rental agreements, modifications may be made extent practical, and it is providing agreements, the statute at 16 U.S.C. to the conservation plan by mutual States the flexibility to develop ranking 3838p requires that USDA pay agreement between the USDA and the criteria that may encourage participants participants not more than 75 percent of participant as changes occur in the to restore their land back to a natural or the grazing values. For the FY 2003, participant’s operation and land native plant community. Land not signup period grazing values for rental management strategy. However, any currently in grass or shrubs that needs agreements were determined modification must continue to ensure to be reseeded back to a grassland or administratively based on compensation the viability of the grassland, and meet shrubland may be eligible for the rates for the Conservation Reserve the other objectives of the GRP. program if the applicant agrees to reseed Program. Rates were established for the land back to its historically each county, rather than on a site Section 1415.13 Transfer of Land dominated grassland, shrubland, or forb specific basis. This process enabled This section discusses the impact of plant community. However, if it can be USDA to post compensation rates for transferring ownership or control of demonstrated that reseeding to public information and minimized the land enrolled in GRP. appropriate introduced plant species administrative burden at the field level has potential to serve as habitat for for USDA employees. Section 1415.17 Easement animal or plant populations of The statute provides at 16 U.S.C. Administrative Delegations to Third significant ecological value, such land 3838p that easement compensation rates Parties may be enrolled in the program and be determined based on the fair market The GRP statute at 16 U.S.C. 3838q reseeding can take place through a GRP value of the land, less the grazing value provides that the Secretary may permit restoration agreement. Lower of the land encumbered by the a private conservation or land trust enrollment priority may be given to easement. USDA will use certified land organization, or a State agency to hold smaller parcels, especially in States appraisers to develop easement and enforce an easement, in lieu of the where protecting larger grassland compensation rates on a site specific Secretary, subject to the right of the parcels is more desirable from an basis. USDA recognizes that in certain Secretary to conduct periodic administrative and environmental parts of the country, the cost of inspections and enforce the easement. standpoint. By prioritizing the types of acquiring easements may be The Secretary has interpreted the word eligible land for funding, USDA seeks to considerable. Therefore, the Secretary ‘‘hold’’ in this context to mean secure maximum conservation benefits evaluated alternatives to minimize the ‘‘administer.’’ Prior to permitting an for the Federal dollar expended. USDA per acre cost of enrolling projects in the approved third party to hold and is seeking specific comments on this program, such as establishing maximum enforce an easement, USDA must decision. payment rates or contract limits. determine that granting such permission

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will result in the protection of for livestock and wildlife, and realty I For the reason stated in the preamble, grassland, land that contains forbs, and management expertise. chapter XIV of 7 CFR is amended by shrubland; the owner authorizes the (6) Budgetary information that adding a new part 1415 as set forth third party to hold and enforce the demonstrates the organization is below: easement; and the third party agrees to prepared to assume the Secretary’s assume the costs incurred in duties. PART 1415—GRASSLAND RESERVE administering and enforcing the State agencies do not have to submit PROGRAM easement, including the costs of information related to items (1) or (3) Sec. restoration or rehabilitation of the land above. All other requested information 1415.1 Purpose. as required by the landowner and the must be included with State agency 1415.2 Administration. third party. The intent is not to have the applications. Application packages will 1415.3 Definitions. third party cover the costs of natural be reviewed by both the Chief, NRCS, 1415.4 Program requirements. resource practices required through and the Administrator, Farm Service 1415.5 Land eligibility. GRP. However, the third party must Agency, or their designees, for 1415.6 Participant eligibility. 1415.7 Application procedures. cover costs of practices that it requires suitability of the party to administer the above what is required by GRP. The 1415.8 Establishing priority for enrollment GRP easement. This authority may be of properties. third party must submit its intent to delegated to NRCS State impose these additional requirements to 1415.9 Enrollment of easements and rental Conservationists and FSA State agreements. USDA to determine whether they are Executive Directors. Multiple third 1415.10 Compensation for easements and consistent with the conservation party applications may be approved for rental agreements. purposes of the easement. each State. 1415.11 Restoration agreements. In GRP, the Secretary administers the Application approval means the 1415.12 Modifications to easements and easement on behalf of the United States, private organization or State agency rental agreements. and may delegate the easement 1415.13 Transfer of land. administrative responsibilities to a meets the Secretary’s requirements for 1415.14 Misrepresentations and violations. private organization or State agency managing and enforcing easements. 1415.15 Payments not subject to claims. under certain conditions. However, the Since landowners must authorize a 1415.16 Assignments. GRP statute does not provide authority third party easement administrator, 1415.17 Delegation to third parties. 1415.18 Appeals. for the Secretary to convey property Secretarial approval does not guarantee that the approved applicant will receive 1415.19 Scheme or device. rights acquired under the authority of 1415.20 Confidentiality. the GRP statute. GRP easements to administer. Those This section provides that certain agencies and organizations selected to Authority: 16.U.S.C. 3838n–3838q. manage easements will be required to private organizations, as set forth in the § 1415.1 Purpose. statute, and State agencies interested in submit an annual report to the Secretary. (a) The purpose of the Grassland managing and enforcing GRP easements, Reserve Program (GRP) is to assist may apply for GRP administration. The Sections 1415.14 Through 1415.16 and landowners in protecting, conserving, criteria and approval process required 1415.18 Through 1415.20 and restoring grassland resources on for participation are set forth below. The private lands through short and long- application packages must include: These sections are consistent with other conservation programs and term rental agreements and easements. (1) Certification that the conservation (b) The objectives of GRP are to: organization or land trust is an contain standard administrative policy associated with contract violations and (1) Emphasize preservation of native organization described in section and natural grasslands and shrublands, 501(c)(3) of the Internal Revenue Code remedies, payments not subject to claims, assignment of payments, first and foremost; of 1986 that is exempt from taxation (2) Protect grasslands and shrublands appeals, etc. Nonetheless, USDA under section 501(a) of that Code; or is from the threat of conversion; welcomes comments regarding this described in section 509(a)(3), and is (3) Support grazing operations; and controlled by an organization described section on land enrolled in GRP. (4) Maintain and improve plant and in section 509(a)(2), of that Code. Other animal biodiversity. (2) Certification that the applicant has the human and financial resources There has been much discussion § 1415.2 Administration. necessary to administer and enforce the within USDA regarding the (a) The regulations in this part set easements, and that the applicant has development of industrial windmills on forth policies, procedures, and relevant experience with easement grassland acreage. USDA is prohibiting requirements for program enforcement activities. industrial windmills on GRP acreage implementation of the GRP as (3) Certification that the applicant’s because the structure is unrelated to administered by the Natural Resources charter expresses a commitment to protecting the viability of the grassland Conservation Service (NRCS) and the conserving agriculture land, grassland, acreage, it requires disturbing the soil Farm Service Agency (FSA). The or rangeland. The application will surface in a manner that is not regulations in this part will be require a summary of such commitment. permitted in the GRP statute, and it administered under the general (4) Estimates in terms of acreage, would encourage people wanting to supervision and direction of the NRCS number of easements, and funding establish other types of towers on GRP Chief and the FSA Administrator. These requirements that the third party is acreage. The public is free to comment two agency leaders will: willing to assume on behalf of the on this policy decision as well. (1) Concur in the establishment of Secretary. List of Subjects in 7 CFR Part 1415 program policy and direction; (5) Description of the human development of the State allocation resources available to perform tasks Administrative practice and formula, and development of broad associated with easement management procedure, Agriculture, Soil national ranking criteria; and enforcement, including information conservation, Grassland, Grassland (2) Use a national allocation formula about range and grassland management protection, Grazing land protection. to provide GRP funds to USDA State

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offices that emphasizes support for recommendations; however, USDA will Agency (FSA) or the person delegated biodiversity of plants and animals, give consideration to the State authority to act for the Administrator. grasslands under the greatest threat of Technical Committee’s Chief means the Chief of the Natural conversion, and grazing operations. The recommendations. Resources Conservation Service (NRCS) allocation formula will also include a (c) The funds, facilities, and or the person delegated authority to act factor representing program demand. authorities of the Commodity Credit for the Chief. The demand factor could be expressed Corporation are available to NRCS and Commodity Credit Corporation (CCC) in terms of applications received, acres FSA to implement GRP. is a Government-owned and operated offered, funding needs for such (d) Subject to funding availability, the entity that was created to stabilize, applications, or a combination of these program may be implemented in any of support, and protect farm income and elements. The allocation formula may the 50 States, the District of Columbia, prices. CCC is managed by a Board of be modified periodically to change the the Commonwealth of Puerto Rico, Directors, subject to the general emphasis of any factor to reflect Guam, the Virgin Islands of the United supervision and direction of the information about natural resource States, American Samoa, and the Secretary of Agriculture, who is an ex- concerns. The data in the allocation Commonwealth of the Northern Mariana officio director and chairperson of the formula will be updated periodically as Islands. Board. The Chief and Administrator are new information becomes available. (e) The Secretary may modify or Vice Presidents of CCC. CCC provides the funding for GRP, and FSA and (3) Ensure the National, State and waive a provision of this part if he or NRCS administer the GRP on its behalf. local level information regarding she deems the application of that Conservation District means any program implementation is made provision to a particular limited district or unit of State, tribal, or local available to the public; situation to be inappropriate and government formed under State, tribal, (4) Consult with USDA leaders at the inconsistent with the environmental or territorial law for the express purpose State level and other Federal agencies and cost-efficiency goals of GRP. This of developing and carrying out a local with the appropriate expertise and authority cannot be further delegated. soil and water conservation program. information when evaluating program No provision of this part which is Such district or unit of government may policies and direction; and required by applicable law may be be referred to as a ‘‘conservation (5) Authorize NRCS State waived. Conservationists and FSA State district,’’ ‘‘soil conservation district,’’ (f) No delegation in this part to lower ‘‘resource conservation district,’’ ‘‘land Executive Directors to determine how organizational levels shall preclude the funds will be used and how the program conservation committee,’’ or similar Chief, NRCS, or the Administrator, FSA, name. will be implemented at the State level. from determining any issue arising (b) At the State level, the NRCS State Conservation plan means a record of under this part or from reversing or Conservationist and the FSA State the client’s decisions and supporting modifying any determination arising Executive Director are jointly information, for treatment of a land unit from this part. responsible to: or water as a result of the planning (1) Identify State priorities for project (g) The Chief, NRCS, may delegate at process, that meets NRCS Field Office selection, based on input from the State any time Federal easement Technical Guide quality criteria for each Technical Committee; administration and enforcement natural resource (soil, water, air, plants, (2) Identify, as appropriate, USDA responsibilities to approved State and animals) and takes into account employees at the field level responsible Agencies, or approved private economic and social considerations. for implementing the program, and the conservation or land trust organizations The plan describes the schedule of implementation process considering the with the consent or at the request of the operations and activities needed to nature and extent of natural resource participating landowner. The USDA solve identified natural resource concerns throughout the State and the Forest Service may hold easements on problems and take advantage of availability of human resources to assist properties adjacent to USDA Forest opportunities at a conservation with activities related to program Service land, with the consent of the management system level. The needs of enrollment; landowner. the client, the resources, Federal, State, (3) Develop program outreach (h) Program participation is voluntary. and local requirements will be met by materials at the State and local level to (i) Applications for participation will carrying out the plan. ensure landowners, operators, and be accepted on a continual basis at local Conservation practice means a tenants of eligible land are aware and USDA Service Centers. NRCS and FSA specified treatment, such as a structural informed that they may be eligible for at the State level will establish cut-off or land management practice, that is the program; periods to rank and select applications. planned and applied according to NRCS (4) Develop conservation practice These cut-off periods will be available standards and specifications. cost-share rates; in program outreach material provided Cost-share agreement means the (5) Administer and enforce the terms by the local USDA Service Center. Once document that specifies the obligations of easements and rental agreements funding levels have been exhausted, and the rights of any person who has unless this responsibility is delegated to eligible applications will remain on file been accepted for participation in the a third party as provided in §1415.17; until additional funding becomes program. and available or the applicant chooses to be Department means United States (6) With advice from the State removed from consideration. Department of Agriculture. Technical Committee, develop criteria (j) The services of other third parties Easement means a conservation for ranking eligible land, consistent with as provided for in 7 CFR part 652 may easement, which is an interest in land national criteria and program objectives be used to provide technical services to defined and delineated in a deed and address related policy matters participants. whereby the landowner conveys certain regarding program direction for GRP in rights, title, and interests in a property the applicable State. USDA, at the State § 1415.3 Definitions. to the United States for the purpose of level, has the authority to accept or Administrator means the protecting the grassland and other reject the State Technical Committee Administrator of the Farm Service conservation values of the property.

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Under GRP, the property rights are cover may consist of a single species in consultation with the State Technical conveyed in a ‘‘conservation easement a pure stand, a grass mixture, or a grass- Committee. deed.’’ legume mixture. Management usually Similar function and value means Easement area means the land consists of cultural treatments: plants that are alike in growth habitat, encumbered by an easement. fertilization, weed control, reseeding or environmental requirements, and Easement payment means the renovation, and control of grazing. provide substantially the same consideration paid to a landowner for Permanent easement means an ecological benefits. an easement conveyed to the United easement that lasts in perpetuity. State Technical Committee means a States under the Grassland Reserve Private land means land that is not committee established by the Secretary Program. owned by a governmental entity. of the United States Department of Field office technical guide means the Rangeland means a land cover/use Agriculture in a State pursuant to 16 official local NRCS source of resource category on which the climax or U.S.C. 3861. information and interpretations of potential plant cover is composed USDA means the Chief, NRCS, in guidelines, criteria, and standards for principally of native grasses, grasslike consultation with the Administrator, planning and applying conservation plants, forbs, or shrubs suitable for FSA or the NRCS State Conservationist treatments and conservation grazing and browsing, and introduced in consultation with the FSA State management systems. It contains forage species that are managed like Executive Director. detailed information for the rangeland. Rangeland includes lands re- conservation of soil, water, air, plant, vegetated naturally or artificially when § 1415.4 Program requirements. and animal resources applicable to the routine management of that vegetation (a) Only landowners may submit local area for which it is prepared. is accomplished mainly through applications for easements. For rental Forb means any herbaceous plant manipulation of grazing. This term agreements, the applicant must provide other than those in the grass family. would include areas where introduced evidence of control of the property for Grantor is the term used for the hardy and persistent grasses, such as the duration of the rental agreement. landowner that is transferring land crested wheatgrass, are planted and (b) The easement and rental rights to the United States through an such practices as deferred grazing, agreement shall require that the area be easement. burning, chaining, and rotational maintained in accordance with GRP Grassland means land on which the grazing are used, with little or no goals and objectives for the duration of vegetation is dominated by grasses, chemicals or fertilizer being applied. the term of the easement or rental grass-like plants, shrubs, and forbs. The Grasslands, savannas, many wetlands, agreement, including the conservation, definition of grassland as used in the some deserts, and tundra are considered protection, and restoration of the context of this part includes shrubland, to be rangeland. Certain communities of grassland functions and values. land that contains forbs, pastureland, low forbs and shrubs, such as mesquite, (c) All participants in GRP will be and rangeland. chaparral, mountain shrub, and pinyon- required to implement a conservation Grazing value means the value juniper, are also included as rangeland. plan approved by USDA to preserve the assigned to the grassland cover by Rental agreement means an agreement viability of the grassland enrolled into USDA. where the participant will be paid the program. The conservation plan will Improved pasture means grazing land annual rental payments for the length of document the conservation values, permanently producing natural forage the agreement to maintain and/or characteristics, current and future use of species that receives varying degrees of restore grassland functions and values the land, practices that may need to be periodic cultural treatment to enhance under the Grassland Reserve Program. applied along with a schedule for forage quality and yields and is Restoration means implementing any application, and a management plan. primarily harvested by grazing animals. conservation practice (vegetative, (d) The easement and rental Landowner means a person or persons management, or structural) that agreement shall grant USDA or its holding fee title to the land. improves the values and functions of representatives a right of access to the Native means a species that is a part grassland (native and natural plant easement and rental agreement area. of the original fauna or flora of the area. communities). (e) Easement participants are required Natural means a native or an Restoration agreement means an to convey title that is acceptable to the introduced species that is adapted to the agreement between the program United States and provide consent or ecological site and can perpetuate itself participant and the United States subordination agreements from each in the community without cultural Department of Agriculture to restore or holder of a security or other interest in treatment. For the purposes of this part improve the functions and values of the land. The landowner shall warrant the term ‘‘natural’’ does not include grassland and shrubland. that the easement granted the United noxious weeds. Restored grassland means land that is States is superior to the rights of all Participant means a landowner, to be converted back to grassland or others, except for exceptions to the title operator, or tenant who is a party to a shrubland. that are deemed acceptable by the GRP agreement. The term ‘‘agreement’’ Secretary means the Secretary of USDA. in this context refers to GRP rental Agriculture. (f) Easement participants are required agreements and option to purchase Shrubland means land that the to use a standard GRP easement agreements for easements. Landowners dominant plant species is shrubs, which developed by the Department. The of land subject to a GRP easement are are plants that are persistent, have easement shall grant all development also considered participants regardless woody stems, a relatively low growth rights, title, and interest in the easement of whether such landowner initiated the habitat, and generally produces several area in order to protect grassland and sale of the easement to the Federal basal shoots instead of a single bole. other conservation values. Government. Significant decline means a decrease (g) The program participant must Pastureland means a land cover/use of a species population to such an comply with the terms of the easement category of land managed primarily for extent that it merits direct intervention or rental agreement and comply with all the production of introduced forage to halt further decline, as determined by terms and conditions of any associated plants for grazing animals. Pastureland the NRCS State Conservationist in restoration agreement.

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(h) Easements and rental agreements ecological value, as determined by the § 1415.7 Application procedures. will allow the following activities: State Conservationist in consultation (a) Any owner or operator or tenant of (1) Common grazing practices on the with the State Technical Committee and eligible land that meets the criteria set land in a manner that are consistent FSA, if the land is; forth in § 1415.6 may submit an with maintaining the viability of natural (i) Retained in the current use of the application through a USDA Service grass and shrub species; land; or Center for participation in the GRP. (2) Haying, mowing, or haying for (ii) Restored to a natural condition. Applications are accepted throughout seed production, except that such uses (c) Incidental lands, in conjunction the year. shall have certain restrictions with eligible land, may also be (b) By filing an Application for determined appropriate by the NRCS considered for enrollment to allow for Participation, the applicant consents to State Conservationist to protect, during the efficient administration of an a USDA representative entering upon the nesting season, birds in the local easement or rental agreement. the land offered for enrollment for area that are in significant decline or are purposes of assessing the grassland (d) Forty contiguous acres is the conserved in accordance with Federal or functions and values, and for other minimum acreage that will be accepted State law; and activities that are necessary for the in the program. However, less than 40 (3) Fire rehabilitation and USDA to make an offer of enrollment. acres may be accepted if the USDA, construction of firebreaks, fences The applicant will be notified prior to with advice from the State Technical (excluding corrals), watering facilities, a USDA representative entering upon Committee, determines that the seedbed preparation and seeding, and their property. any other facilitating practices, as enrollment of acreage meets the (c) Applicants submit applications determined by the USDA to protect and purposes of the program and grants a that identify the duration of the restore the grassland functions and waiver. USDA, at the State level, may easement or rental agreement. Rental values. also establish a higher minimum acreage agreements may be for 10-years, 15- (i) Any activity that would disturb the level. USDA will review any minimum years, 20-years, or 30-years; easements surface of the land covered by the acreage requirement to ensure, to the may be for 30-years, permanent, or for easement is prohibited except for extent permitted by law, that this the maximum duration authorized by common grazing management practices requirement does not unfairly State law. carried out in a manner consistent with discriminate against small farmers. maintaining the functions and values of (e) Land will not be enrolled if the § 1415.8 Establishing priority for grassland common to the local area, functions and values of the grassland enrollment of properties. including fire rehabilitation and are protected under an existing contract (a) USDA, at the National level, will construction of firebreaks, construction or easement. The land would become provide to USDA offices at the State of fences, and restoration practices. eligible when the existing contract level, broad national guidelines for (j) Contracts may be canceled without expires or is terminated, and the establishing State specific project penalty or refund if the original grassland values and functions are no selection criteria. participant dies, becomes incompetent, longer protected. (b) USDA, at the State level, with or is otherwise unavailable during the (f) Land on which gas, oil, earth, or advice from the State Technical contract period. other mineral rights exploration has Committee, shall establish criteria to (k) Participants may be able to convert been leased or is owned by someone evaluate and rank applications for rental agreements to an easement, other than the GRP applicant may be easement and rental agreement providing the easement is for a longer offered for participation in the program. enrollment following the guidance duration than the rental agreement, However, if an applicant submits an established in paragraph (a) of this funds are available, and the project offer for an easement project, USDA will section. meets conditions established by the assess the potential impact that the third (c) Ranking criteria will emphasize USDA. Land cannot be enrolled in both party rights may have upon the support for: a rental agreement option and an grassland resources. USDA reserves the (1) Native and natural grassland; easement enrollment option at the same right to deny funding for any (2) Protection of grassland from the time. The rental agreement shall be application where there are exceptions threat of conversion; deemed terminated the date the to clear title on any property. (3) Support for grazing operations; easement is recorded in the local land and records office. § 1415.6 Participant eligibility. (4) Maintain and improve plant and To be eligible to participate in GRP an animal biodiversity. § 1415.5 Land eligibility. applicant: (d) When funding is available, USDA (a) GRP is available on privately at the State level will periodically select (a) Must be a landowner for easement owned lands, which include private and for funding the highest ranked participation or be a landowner or have tribal land. Publicly-owned land is not applications based on applicant and general control of the eligible acreage eligible. land eligibility and the State-developed being offered for rental agreement (b) Land shall be eligible for funding ranking criteria. participation; consideration if the NRCS State (e) States may utilize one or more Conservationist determines that the land (b) Agree to provide such information ranking pools, including a pool for is: to USDA that the Department deems special project consideration such as (1) Grassland, land that contains necessary or desirable to assist in its establishing a pool for projects that forbs, or shrubs (including rangeland determination of eligibility for program receive restoration funding from non- and pastureland); or benefits and for other program USDA sources. (2) The land is located in an area that implementation purposes; (f) The USDA, with advice from the has been historically dominated by (c) Meet the Adjusted Gross Income State Technical Committee, may grassland, forbs, or shrubs; and has requirements in 7 CFR part 1400; and emphasize enrollment of unique potential to provide habitat for animal (d) Meet the conservation compliance grasslands or specific geographic areas or plant populations of significant requirements found in 7 CFR part 12. of the State.

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(g) The FSA State Executive Director reasons. The offer to the participant restoration agreement will identify and NRCS State Conservationist, with shall be void if not executed by the conservation practices and measures advice from the State Technical participant within the time specified in necessary to improve the functions and Committee will select applications for an option to purchase agreement. values of the grassland. If the functions funding. and values of the grassland decline (h) If available funds are insufficient § 1415.10 Compensation for easements while the land is subject to a GRP and rental agreements. to accept the highest ranked application, easement or rental agreement through and the applicant is not interested in (a) Compensation for easements will no fault of the participant, the reducing the acres offered to match be based upon: participant may enter into a restoration available funding, USDA may select a (1) The fair market value of the land agreement at that time to improve the lower ranked application that can be less the grassland value of the land for functions and values with USDA fully funded. Applicants may choose to permanent easements; and approval and fund availability. change the duration of the easement or (2) Thirty percent of the value (b) Eligible restoration practices agreement or reduce acreage amount determined in paragraph (a)(1) of this include land management, vegetative, offered if the application ranking score section for 30-year easements or for an and structural practices and measures is not reduced below that of the score easement for the maximum duration that will improve the grassland of the next available application on the permitted under State law. ecological functions and values on ranking list. (b) For 10-, 15-, 20-, and 30-year rental native and natural, and introduced plant agreements, the participant will receive communities. The NRCS State § 1415.9 Enrollment of easements and not more than 75 percent of the grazing Conservationist, with advice from the rental agreements. value in an annual payment for the State Technical Committee and in (a) Based on the priority ranking, length of the agreement. consultation with FSA, will determine USDA will notify applicants in writing (c) In order to provide for better the conservation practices, measures, of their tentative acceptance into the uniformity among States, the FSA payment rates, and cost-share program for either rental agreement or Administrator and NRCS Chief may percentages, not to exceed statutory conservation easement options. The review and adjust, as appropriate, State limits, that will be available for participant has fifteen calendar days or other geographically based payment restoration. A list of eligible practices from the date of notification to sign and rates for rental agreements. NRCS State will be available to the public. NRCS submit a letter of intent to continue. A Conservationists may establish working through the local conservation letter of intent to continue from the easement payment amounts on a site district with the program participant applicant authorizes USDA to proceed specific or geographic area basis. will determine the terms of the with the enrollment process. (d) Easement or rental agreement restoration agreement. The conservation (b) An offer of tentative acceptance payments received by participant shall district may assist with determining into the program does not bind the be in addition to, and not affect, the eligible practices and approving USDA to acquire an easement or enter total amount of payments that the restoration agreements. Restoration into a rental agreement, nor does it bind participant is otherwise eligible to agreements will not extend past the date the participant to convey an easement, receive under other Federal laws. of a rental agreement or easement. enter into a rental agreement, or agree to (e) For easements, to minimize (c) All restoration practices and restoration activities. expenditures on individual appraisals measures are eligible for cost sharing. (c) For easement projects, land is and expedite program delivery, USDA Payments under GRP may be made to considered enrolled after the landowner may complete a programmatic appraisal the participant of not more than 90 signs the intent to continue. For rental to establish regional average market percent for the cost of carrying out agreements, land is considered enrolled values and grazing values. The conservation practices and measures on after a GRP contract is approved by programmatic appraisals would remove grassland and shrubland that has never USDA. the need to conduct appraisals on each been cultivated, and not more than 75 (d) USDA will present a contract to parcel selected for funding. percent on restored grassland and the participant, which will describe the shrubland on land that at one time was easement or rental area; the easement § 1415.11 Restoration agreements. cultivated. terms, or rental terms and conditions; (a) Restoration agreements are only (d) Restoration activities are and other terms and conditions for authorized to be used in conjunction applicable to native and natural plant participation that may be required by with easements and rental agreements. communities. When seeding is CCC. NRCS, in consultation with the program determined necessary for restoration, (e) For easements, after the contract is participant, will determine if the USDA will give priority to using native executed by USDA and participant, grassland resources are adequate to meet seed. However, when native seed is not USDA will proceed with development the participant’s objectives and the available, or returning the land to native of the conservation plan and various purposes of the program, or if a conditions is determined impractical by acquisition activities, which may restoration agreement is needed. Such a USDA, plant propagation using species include conducting a survey of the determination will also be subject to the that provide similar functions and easement, securing necessary availability of funding. NRCS may values may be utilized. subordination agreements, procuring condition participation in the program (e) Cost-shared practices shall be title insurance, developing a baseline upon the execution of a restoration maintained by the participant for the data report, and conducting other agreement depending on the condition life of the practice. The life of the activities necessary to record the of the grassland resources. When the practice shall be consistent with other easement. functions and values of the grassland USDA cost shared or easement (f) Prior to execution by USDA and are determined adequate by NRCS, a programs. Failure to maintain the the participant of the contract, the restoration agreement will not be practice will be dealt with under the USDA may withdraw its offer anytime required. However, if a restoration terms of the restoration agreement and due to lack of available funds, title agreement is required, NRCS will set the may involve repayment of the Federal concerns for easements, or other terms of the restoration agreement. The cost-share.

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(f) All conservation practices will be affect the grassland functions and values assigns, lessees, and any other person implemented in accordance with the for which the land was acquired or claiming under them. NRCS Field Office Technical Guide. other terms of the easement. (g) Rental agreements may be (g) Technical assistance will be (e) NRCS State Conservationists may transferred to another landowner, provided by NRCS, or an approved third approve modifications for restoration operator or tenant that acquires an party, as needed by the participant. agreements and conservation plans as interest in the land enrolled in GRP. The (h) Federal cost sharing shall be long as the modifications do not affect transferee must be determined by USDA adjusted so that the combined cost share the provisions of the easement or rental to be eligible to participate in GRP and by Federal and State government or agreement and meets GRP program must assume full responsibility under subdivision of a State government shall objectives. the agreement. USDA may require a not exceed 100 percent of the total (f) USDA may approve modifications participant to refund all or a portion of actual cost of the restoration. The on rental agreements to facilitate the any financial assistance awarded under participant cannot receive cost-share practical administration and GRP if the participant sells or loses from more than one Federal cost-share management of the enrolled area so long control of the land under a GRP rental program for the same conservation as the modification will not adversely agreement and the new owner or practice. affect the grassland functions and values controller is not eligible to participate in (i) Cost-share payments may be made for which the land was enrolled. the program or refuses to assume only upon a determination by a responsibility under the agreement. qualified individual approved by the § 1415.13 Transfer of land. NRCS State Conservationist that an (a) Any transfer of the property prior § 1415.14 Misrepresentation and violations. eligible practice has been established in to the participant’s acceptance into the compliance with appropriate standards program shall void the offer of (a) Contract violations: (1) Contract violations, and specifications. enrollment, unless at the option of the determinations, and appeals will be (j) Identified practices may be NRCS State Conservationist, in handled in accordance with the terms of implemented by the participant or other consultation with the FSA State the program contract or agreement and designee. Payments will not be made for Executive Director, an offer is extended attachments thereto. practices applied prior to submitting an to the new participant and the new (2) A participant who is determined to application to participate in the participant agrees to the same easement have erroneously represented any fact program. or rental agreement terms and affecting a program determination made (k) Cost-share payments will not be conditions. in accordance with this part shall not be made for practices implemented or (b) After acreage is accepted in the initiated prior to the approval of a rental entitled to contract payments and must program, for easements with multiple refund to USDA all payments, plus agreement or easement acquisition payments, any remaining easement unless a written waiver is granted by interest in accordance with 7 CFR part payments will be made to the original 1403. USDA at the State level prior to landowner unless USDA receives an installation of the practice. (3) In the event of a violation of a assignment of proceeds. rental agreement or any contract directly § 1415.12 Modifications to easements and (c) Future annual rental payments involving the participant, the rental agreements. will be made to the successor participant shall be given notice and an (a) After an easement has been participant. opportunity to voluntarily correct the recorded, no modification will be made (d) The new landowner or contract violation within 30-days of the date of to the easement except by mutual successor shall be held responsible for the notice, or such additional time as agreement with Chief, NRCS, and the complying with the terms of the CCC may allow. landowner. recorded easement or rental agreement (b) Easement violations: Easement (b) Easement modifications may only and for assuring completion of all violations are handled under the terms be made by the Chief, NRCS, after measures and practices required by the of the easement. Upon notification of consulting with the Office of General associated restoration agreement. the participant, the USDA reserves the Counsel. Minor modifications may be Eligible cost-share payments shall be right to enter upon the easement area at made by the NRCS State Conservationist made to the new participant upon any time to remedy deficiencies or in consultation with Office of General presentation that the successor assumed violations. Such entry may be made Counsel. Minor modifications are those the costs of establishing the practices. when USDA deems such action that do not affect the substance of the (e) With respect to any and all necessary to protect important grassland conservation easement deed. Such payments owed to landowners, the and shrubland functions and values or modifications include, typographical United States shall bear no other rights of the United States under errors, minor changes in legal responsibility for any full payments or the easement. The participant shall be descriptions as a result of survey or partial distributions of funds between liable for any costs incurred by the mapping errors, and address changes. the original landowner and the United States as a result of the (c) Approved modifications will be landowner’s successor. In the event of a participant’s negligence or failure to made only in an amendment to an dispute or claim on the distribution of comply with easement, rental easement which is duly prepared and cost-share payments, USDA may agreement, or contractual obligations. recorded in conformity with standard withhold payments without the accrual (c) USDA may require the participant real estate practices, including of interest pending an agreement or to refund all or part of any payments requirements for title approval, adjudication on the rights to the funds. received by the participant or pay subordination of liens, and recordation. (f) The rights granted to the United liquidated damages as may be required (d) The Chief, NRCS, may approve States in an easement shall apply to any under the program contract or modifications on easements to facilitate of its agents, successors, or assigns. All agreement. the practical administration and obligations of the landowner under an (d) In addition to any and all legal and management of the enrolled area so long easement deed shall also bind the equitable remedies available to the as the modification will not adversely landowner’s heirs, successors, agents, United States under applicable law,

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USDA may withhold any easement administer and enforce an easement period may be withheld or be required payment, and cost-share payments shall apply to the NRCS State to be refunded with interest thereon, as owing to the participant at any time Conservationist for approval. The State determined appropriate by the there is a material breach of the Conservationist shall consult with FSA Department. easement covenants, rental agreement, State Executive Director prior to (b) A scheme or device includes, but or any contract. Such withheld funds approval. is not limited to, coercion, fraud, may be used to offset costs incurred by (e) For a private organization to misrepresentation, depriving any other the United States in any remedial administer and enforce an easement, the person of payments for cost-share actions or retained as damages pursuant private organization must be organized practices or easements for the purpose to court order or settlement agreement. as required by 28 U.S.C. 501(c)(3) of the of obtaining a payment to which a (e) Under an easement, the United Internal Revenue Code of 1986 or be person would otherwise not be entitled. States shall be entitled to recover any controlled by an organization described (c) A participant who succeeds to the and all administrative and legal costs, in section 28 U.S.C. 509(a)(2) of that responsibilities under this part shall including attorney’s fees or expenses, code. In addition, the private report in writing to the Department any associated with any enforcement or organization must provide evidence to interest of any kind in enrolled land that remedial action. USDA that it has: is held by a predecessor or any lender. § 1415.15 Payments not subject to claims. (1) Relevant experience necessary to A failure of full disclosure will be administer grassland and shrubland considered a scheme or device under Any cost-share, rental payment, or easements; this section. easement payment or portion thereof (2) A charter that describes the due any person under this part shall be commitment of the private organization § 1415.20 Confidentiality. allowed without regard to any claim or to conserving ranchland, agricultural Appraisals are considered lien in favor of any creditor, except land, or grassland for grazing and confidential information and are not agencies of the United States conservation purposes; distributed. The regulations in this part Government. (3) The human and financial provide that any appraisals, market § 1415.16 Assignments. resources necessary, as determined by analysis, or supporting documentation (a) Any person entitled to any cash the Chief, NRCS, to effectuate the that may be used by USDA in payment under this program may assign purposes of the charter; and determining property value are the right to receive such cash payments, (4) Sufficient financial resources to considered confidential information, in whole or in part. carry out easement administrative and and shall only be disclosed as (b) If a participant that is entitled to enforcement activities. determined at the sole discretion of FSA a payment dies, becomes incompetent, (f) If a private organization is and NRCS in accordance with or is otherwise unable to receive the terminated, withdraws from the applicable law. payment, or is succeeded by another agreement to administer the easement, Signed at Washington, DC on May 13, person who renders or completes the or the landowner submits a request in 2004. required performance, others may be writing to terminate such agreement, the Bruce I. Knight, eligible to receive payment in such a USDA will assume the responsibility Vice President, Commodity Credit manner as USDA determines is fair and upon receiving such formal notice from Corporation and Chief, Natural Resources reasonable in light of all the the organization or the landowner. Conservation Service. circumstances. Subsequent agreements for easement [FR Doc. 04–11473 Filed 5–20–04; 8:45 am] management with other approved BILLING CODE 3410–16–P § 1415.17 Delegation to third parties. private, nonprofit organizations could (a) USDA may permit an approved be entered into at the request of the private conservation or land trust landowner with approval from the NUCLEAR REGULATORY organization, State or other Federal NRCS State Conservationist. If the COMMISSION agency to administer an easement with owner and the new organization fail to the consent or written request of the notify the NRCS State Conservationist of 10 CFR Chapter I landowner. Rental agreements will not the reassignment within 30 days of be delegated to private organizations, termination, the easement shall revert to Regulatory Analysis Guidelines: Final State, or other Federal agencies. the control of NRCS. Criteria for the Treatment of Individual (b) USDA will have the right to Requirements in a Regulatory Analysis conduct periodic inspections and § 1415.18 Appeals. enforce the easement and associated (a) Applicants or participants may AGENCY: Nuclear Regulatory restoration agreement for any easements appeal decisions regarding this program Commission. administered pursuant to this section. in accordance with 7 CFR parts 11, 614, ACTION: Regulatory analysis guidelines. (c) The private organization, State, or and 780. other Federal agency shall assume the (b) Before a person may seek judicial SUMMARY: The Nuclear Regulatory costs incurred in administering and review of any action taken under this Commission (NRC) is issuing its final enforcing the easement, including the part, the person must exhaust all criteria for the treatment of individual costs of restoration or rehabilitation of administrative appeal procedures set requirements in a regulatory analysis, the land to the extent that such forth in paragraph (a) of this section. because aggregating or ‘‘bundling’’ restoration or rehabilitation is above and different requirements in a single beyond that required by the GRP § 1415.19 Scheme or device. regulatory analysis could potentially conservation plan and restoration (a) If it is determined by the mask the inclusion of an individual agreement. Any additional restoration Department that a participant has requirement that is not cost-justified. As must be consistent with the purposes of employed a scheme or device to defeat a result of these new criteria, the NRC the easement. the purposes of this part, any part of any will issue Revision 4 of its Regulatory (d) A private organization, State, or program payment otherwise due or paid Analysis Guidelines, NUREG/BR–0058 other Federal agency that seeks to such participant during the applicable in the near future.

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FOR FURTHER INFORMATION CONTACT: current regulations, an individual position is that the phrase should be Brian J. Richter, Office of Nuclear requirement should have to be cost- included in the NRC’s final criteria. Reactor Regulation, U.S. Nuclear justified and integral to the purpose of Response: The NRC replaced the Regulatory Commission, Washington, the rule rather than [NRC’s position that phrase ‘‘integral to the purpose of the DC 20555–0001; telephone (301) 415– it be] cost-justified or integral to the rule’’ as stated in the 2002 criteria, with 1978; e-mail [email protected]. purpose of the rule.’’ NEI claims that the ‘‘necessary to the purpose of the rule’’ SUPPLEMENTARY INFORMATION: NRC’s criteria ‘‘* * * would be a because NRC believes that ‘‘necessary’’ significant disincentive to conveys a clearer meaning. As discussed I. Background implementation of voluntary alternative in both the proposed and final criteria The NRC usually performs a requirements developed by industry papers, a requirement is necessary to the regulatory analysis for an entire rule in groups because of the lack of scrutable purpose of the rule if it is needed for the evaluating a proposed regulatory guidance regarding the addition of regulatory initiative to resolve the initiative to determine if the rule is cost- individual requirements by the NRC problems and concerns, and meet the justified. External stakeholders from the staff.’’ stated objectives that are the focus of the nuclear power industry raised concerns Response: The NRC believes that its regulatory initiative. that bundling different requirements in position is correct with respect to the Comment: NEI believes that NRC a single regulatory analysis can need for each criterion to be considered analysts need more guidance on making potentially mask the inclusion of an as a basis for bundling. NRC’s position bundling judgments. They claim that individual requirement when the net may be clearer if one considers because NRC’s guidance is confusing benefit from one of the requirements requirements that are not necessary to a and provides no meaningful standard, it supports a second requirement that is rule as enhancements. Then, if one uses is easier for the NRC staff to aggregate not cost-justified. NEI’s criteria of requiring both requirements without explanation. In order to address this concern, the conditions, i.e., being both cost- Response: The NRC’s guidance is NRC published proposed criteria for the beneficial and necessary, no consistent with that provided in the treatment of individual requirements in enhancements to a rule would be Office of Management and Budget’s a regulatory analysis for comment on tolerated or should even be considered (OMB) Circular A–4, ‘‘Regulatory April 18, 2003 (68 FR 19162). because an enhancement is not Analysis’’ issued September 17, 2003, in II. Comments on the Proposed Criteria necessary to the purpose of the rule. But which OMB recognizes the need to a fundamental principle of cost-benefit examine individual provisions After publishing its proposed criteria separately and goes on to state: for the treatment of individual methodology is to select the alternative requirements in a regulatory analysis, that achieves the largest net benefit, Analyzing all possible combinations of which could conceivably be an provisions is impractical if the number is the NRC received two sets of comments: large and interaction effects are widespread. one set from the Nuclear Energy alternative with enhancements. Thus, NEI’s position is tantamount to ignoring You need to use judgment to select the most Institute (NEI), an organization significant or relevant provisions for such responsible for establishing unified the cost-benefit implications of any analysis. You are expected to document all nuclear industry policy on matters requirement that is not necessary to the alternatives that were considered in a list affecting the nuclear energy industry meet the objective of the rule. Under or table and which were selected for and the second from the Nuclear NEI’s approach, cost-beneficial emphasis in the main analysis. Regulatory Services Group (NRSG), a relaxations could not be included in a The OMB circular recognizes that consortium of power reactor licensees. rulemaking if they were not necessary to judgment must be used for such In general, NEI states that the NRC’s the purpose of the rule. analyses. The level of analysis needs to proposed criteria do not adequately Alternatively, the NRC’s position be tempered by many factors such as incorporate the relevant Commission allows for the selection of the controversiality, complexity, magnitude guidance on this issue and that the alternative with the largest net benefit. of consequences, and the like. Also, public comments made at a public Also, the NRC does not believe that NEI each regulatory analysis could possibly meeting on March 21, 2002, were not has demonstrated how the proposed have unique features that would likely taken into account by the NRC staff. The criteria would be a ‘‘significant affect the type of analysis that should be two areas of concern to NEI were the disincentive’’ to the implementation of done. Further, NRC final guidance will NRC’s criteria necessary to evaluate the voluntary alternative requirements include reference to the OMB circular bundling of individual requirements developed by industry groups. As long and the NRC does not believe additional and the NRC’s guidance on using as the voluntary alternatives are shown guidance is needed. subjective judgment in making bundling to be cost-beneficial and result in no Comment: NEI claims that the use of decisions. decrease in safety from the NRC’s an analyst’s judgment as proposed by The law firm of Ballard Spahr proposed requirement, there should not the NRC relies too much on NRC Andrews & Ingersoll, LLP, also be a problem. management review and public submitted a set of comments on behalf Comment: NEI notes that the phrase comment. They state: ‘‘The burden of the Nuclear Regulatory Services ‘‘integral to the purpose of the rule,’’ should be on the NRC to provide Group (NRSG). NRSG calls the proposed used both in a Staff Requirements sufficient information to evaluate criteria ‘‘a positive step in providing Memorandum (SRM), dated January 19, regulatory analysis decisions.’’ detailed guidance in this area for the 2001, and in the February 2002 Response: Regulatory analyses are first time’’ and suggested some preliminary criteria, was subsequently well founded and rely on sound refinements of the criteria so that ‘‘all dropped from the proposed criteria. The judgments. This is done through peer proposed new regulatory requirements phrase relates to whether a proposed review, management oversight, review receive a proper analysis of their costs requirement can be ‘‘integral to the of public comments, etc., and reliance and benefits.’’ purpose of the rule’’ if the individual on the analyst’s judgment which is Comment: NEI’s initial comment was requirement is not cost-beneficial, not central to the regulatory analysis that on ‘‘* * * rules that provide risk- required for compliance, and not process. The NRC believes that its informed voluntary alternatives to required for adequate protection. NEI’s guidance ensures that its regulatory

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analyses will provide sufficient until previous comments are ‘‘properly the NRC still does not believe that information for the public to evaluate addressed.’’ disaggregation in all cases should be the regulatory decisions and makes the Response: Sufficient information was preferred approach and stands by the process both ‘‘meaningful and not provided to defer a final decision. position stated in the proposed criteria. scrutable.’’ The NRC maintains that it has properly As stated in the guidance, ‘‘the NRC Comment: NEI quotes the SRM calling addressed all public comments. Also, does not believe that there should be a for regulatory analyses to be the Advisory Committee on Reactor general requirement for a separate ‘‘meaningful and scrutable’’ and claims Safeguards has stated in a July 17, 2003, analysis of each individual requirement that the analysis cannot meet this letter from its Chairman, Mario V. of a rule. This could lead to unnecessary requirement unless there is some Bonaca, to the Chairman of the complexities.’’ Also, NRC believes that documented basis for disaggregation. Commission, that the NRC staff’s criteria its guidance is consistent with OMB Response: The NRC believes that ‘‘are appropriate and responsive to the Circular A–4, cited above. regulatory analyses prepared under the Commission’s direction.’’ Comment: NRSG states that if, revised guidelines are ‘‘meaningful and Comment: NRSG stated that the NRC according to the criteria, an individual scrutable,’’ especially given that the should require separate analysis of requirement must be both ‘‘related’’ to guidance is consistent with that individual requirements to the extent the stated objective of the regulatory provided by OMB on this issue. The practicable. They went on to state ‘‘that initiative and be ‘‘cost-beneficial,’’ then reason for disaggregation would be disaggregation of requirements should the NRC should clarify what it means by discussed in each regulatory analysis on be the preferred approach, with the ‘‘cost-beneficial.’’ The commenter also a case-by-case basis. burden on the NRC to justify why states that the criteria for the treatment Comment: NEI states that the separate analysis of individual of any individual requirement must be proposed criteria are inconsistent with requirements is not appropriate in a consistent with the standards of the the other detailed guidance on the given case.’’ backfitting rule. Under the backfit rule, treatment of values and impacts Response: The NRC acknowledges any new requirement that is a backfit contained in NUREG/BR/0058, as that, for the purposes of developing an must be shown to be cost-justified and currently written. overall cost estimate of a regulatory produce a ‘‘substantial increase’’ in Response: The NRC disagrees with initiative, the analyst should obtain overall safety. Lastly, their final two this comment and believes this final separate cost estimates for each guidance clarifies and supports existing individual requirement to the extent points in this section are in agreement guidance in NUREG/BR–0058. Further, practical. This is because it is the most with the NRC criteria. First, the the NRC believes this new guidance is logical model for developing an overall commenter agrees with the NRC that in directly relevant to the current cost estimate, namely a bottom up ‘‘cases where a new backfit requirement discussion on the identification of approach. Further, the NRC agrees that is being considered for inclusion in a alternatives. This guidance considers cost-benefit analyses of individual voluntary alternative, to current the scope of requirements and the requirements that are related (but not regulations * * * NRC should consider variability in physical and technical necessary) to the overall regulatory imposing such a new requirement, if requirements as bases for defining initiative need to be considered in justified under the standards of Section alternatives. This bundling issue should reaching a sound regulatory decision. 50.109, through the normal disciplined be viewed as an extension or However, it is important to remember backfitting process, * * * rather than clarification of that discussion. that the underlying purpose of a merely including it in a voluntary- Comment: NEI states with respect to regulatory analysis is to provide alternative rule.’’ Second, NRSG bundling that the ‘‘proposed criteria do decision makers with a tool for choosing ‘‘agree(s) with the NRC position that if not establish a common understanding between options or alternatives. When a an individual backfit requirement is not of new requirements, do not establish a regulatory initiative has a number of related to the objective of the regulatory scrutable process for making regulatory discreet, yet necessary requirements, the initiative * * * , the ‘‘requirement must decisions about voluntary initiatives, decision maker’s choice is not whether be addressed and justified as a backfit and do not provide sufficient to include or exclude necessary separately.’’’ documentation to inform future individual requirements but, rather, Response: For the most part, the NRC decisions.’’ whether or not to enact the initiative as agrees with these comments. With Response: The NRC reiterates its a whole. Therefore, the separate respect to the NRC’s meaning of ‘‘cost- position that ‘‘bundling’’ guidance sets analyses of necessary individual beneficial’’ in the situation discussed by forth in detail how an analyst should requirements cannot contribute to this the commenter, the NRC means that the handle the ‘‘bundling’’ issue and is also decision. regulatory initiative results in a larger consistent with the cited OMB Further, as stated in the proposed net benefit than would accrue to an guidance. The NRC also believes that criteria, published for public comment action without that requirement. regulatory analyses and supporting in the Federal Register on April 18, Further, with respect to the backfit rule, documentation prepared under the 2003 (68 FR 19162): ‘‘Specifically, this the NRC position is that when an revised guidance will be sufficient to guidance states that a decision on the individual requirement is related to the provide documentation which may be level of disaggregation needs to be stated regulatory objective, the reviewed to inform future decisions. tempered by considerations of individual requirement should be cost- The NRC notes that regulatory analyses reasonableness and practicality, and justified, and the overall regulatory are prepared as tools to support that a more detailed disaggregation initiative should constitute a substantial reasoned decision making and public would only be appropriate if it produces increase in the public health and safety. understanding of the NRC’s decisions; substantially different alternatives with Comment: NRSG stated that there in this regard, the NRC believes that the potentially meaningful results.’’ This should be further guidance on revised guidelines achieve these implies that the analyst must be able to backfitting issues related to the objectives. demonstrate that any aggregation in the American Society of Mechanical Comment: NEI requests that the NRC analysis would not result in different Engineers (ASME) Code. Specifically, defer its final decision on these criteria conclusions of the analysis. Therefore, they state:

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NRC’s guidance should allow the NRC In sum, NRSG’s suggested approach is NRC should adhere to the following discretion to perform a cost-benefit analysis inconsistent with the Commission’s guideline: of individual new requirements contained in previous guidance to the staff. later editions of Section XI before they are If the individual requirement is related incorporated wholesale into Section 50.55a. III. Final Criteria (i.e., supportive but not necessary) to the If the NRC finds that individual new stated objective of the regulatory initiative, it requirements of later Code editions are not In evaluating a proposed regulatory should be included only if its overall effect cost-beneficial for some or all plants, the initiative, the NRC usually performs a is to make the bundled regulatory NRC should screen out those new individual regulatory analysis for the entire rule to requirement more cost-beneficial. This would involve a quantitative and/or qualitative requirements in accordance with the determine whether or not it is cost- standards of the backfitting rule. evaluation of the costs and benefits of the justified. However, aggregating or regulatory initiative with and without the Response: The Commission’s policy ‘‘bundling’’ different requirements in a individual requirement included, and a regarding Inservice Inspection (ISI) single analysis could potentially mask direct comparison of those results.4 requirements is to assure the integrity of the inclusion of an unnecessary In applying this guideline, the NRC the reactor coolant system (RCS) individual requirement. In the case of a will need to separate out the discrete boundary and containment as they rule that provides a voluntary requirements in order to evaluate their relate to defense-in-depth alternative to current requirements, the effect on the cost-benefit results. In considerations, that do not lend net benefit from the relaxation of one theory, each regulatory initiative could themselves to cost-benefit analyses. requirement could potentially support a include several discretionary individual Further, in this specific instance, cost- second unnecessary requirement that is requirements and each of those benefit analyses are not well suited to not cost-justified. Similarly, in the case discretionary requirements could be determine if new requirements that of other types of rules, including those comprised of many discrete steps, in address aging of components are subject to backfit analysis,1 the net which each discrete step could be appropriate because of the many benefit from one requirement could viewed as a distinct individual uncertainties associated with the effects potentially support another requirement requirement. This raises the potential of aging. that is not cost-justified.2 for a large number of iterative cost- When the Commission formulated its Therefore, when analyzing and benefit comparisons, with attendant policy, the then Chairman stated that: making decisions about regulatory analytical complexities. Thus, ‘‘Both the ASME and the ACRS have initiatives that are composed of considerable care needs to be given to strongly urged that the Commission individual requirements, the NRC must the level of disaggregation that one maintain the current updating determine if it is appropriate to include attaches to a discretionary requirement. requirement’’ and that— each individual requirement. Clearly, in In general, a decision on the level of ASME asserts that the failure of the NRC certain instances, the inclusion of an disaggregation needs to be tempered by to incorporate later editions of the Code in individual requirement is necessary. considerations of reasonableness and the requirements, absent justification under a This would be the case, for example, practicality. For example, more detailed backfit analysis, would serve to undermine when the individual requirement is disaggregation is only appropriate if it ASME because of the disincentive of needed for the regulatory initiative to produces substantively different volunteers to engage themselves in an ASME resolve the problems and concerns and alternatives with potentially meaningful process that will not necessarily affect meet the stated objectives 3 that are the implications on the cost-benefit results. operating plants. Moreover, because some Alternatively, individual elements that states routinely establish requirements based focus of the regulatory initiative. Even on current ASME codes, the acceptance of though inclusion of individual contribute little to the overall costs and the staff’s approach would create the requirements is necessary in this case, benefits and are noncontroversial may anomaly that non-nuclear facilities might be the analyst should obtain separate cost not warrant much, if any, consideration. required to conform to more modern codes estimates for each requirement, to the In general, it will not be necessary to than nuclear facilities. extent practical, in deriving the total provide additional documentation or The Chairman also indicated he was cost estimate presented for the analysis to explain how this aware ‘‘that industry participates in the aggregated requirements. determination is made, although such a However, there will also be instances finding can certainly be challenged at development of the ASME codes and 5 that costs are considered in the in which the individual requirement is the public comment stage. For further amendment process. Thus, although the not a necessary component of the guidance, the analyst is referred to revisions may not be analyzed with the regulatory initiative, and thus the NRC principles regarding the appropriate rigor required by our backfit analysis, will have some discretion regarding its level of detail to be included in a the costs and benefits are implicitly inclusion. In these circumstances, the 4 There may be circumstances in which the weighed.’’ analyst considers including an individual Another Commissioner commented: 1 ’The Regulatory Analysis Guidelines of the U.S. requirement that is unrelated to the overall 10 CFR 50.109 has served the NRC, our Nuclear Regulatory Commission,’’ (NUREG/BR– regulatory initiative. For example, an analyst may 0058) have been developed so that a regulatory licensees, and our stakeholders well, and consider combining certain unrelated requirements analysis that conforms to these Guidelines will as a way to eliminate duplicative rulemaking costs thus, my decision to not subject ASME Code meet the requirements of the backfit rule and the to the NRC and increase regulatory efficiency. updates to its backfit provisions was made provisions of the CRGR Charter. Under these circumstances, it would be appropriate only after I carefully considered how the 2 This discussion does not apply to backfits that to combine these discrete individual requirements staff’s recommended option should the Commission determines qualify under one of if the overall effect is to make the regulatory exacerbate the complexity, inconsistency, the exceptions in 10 CFR 50.109(a)(4). Those types initiative more cost-beneficial. In those instances in and program divergence associated with our of backfits require a documented evaluation rather which the individual requirement is a backfit, the current update process. My decision also than a backfit analysis, and cost is not a requirement must be addressed and justified as a came after considering the diverse makeup of consideration in deciding whether or not the backfit separately. These backfits are not to be exceptions are justified (though costs may be included in the overall regulatory analysis of the the ASME members that produce Code considered in determining how to achieve a certain remainder of the regulatory initiative. changes and the consensus process they use. level of protection). 5 See NUREG/BR–0053, Revision 5, March 2001, * * * I believe that considerations of 3 The stated objectives of the rule are those stated ‘‘U.S. Nuclear Regulatory Commission Regulations increased safety versus cost are implicit in in the preamble (also known as the Statement of Handbook,’’ Section 7.9, for discussion of how to the ASME consensus process. Considerations) of the rule. treat comments.

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regulatory analysis, as discussed in and justified individually. For example, licensee. Thus, incorporation by reference of Chapter 4 of the ‘‘Regulatory Analysis NRC endorsement (incorporation by a later edition and addenda of Section III, Guidelines of the U.S. Nuclear reference) of the ASME Boiler and Division 1, does not constitute a Regulatory Commission.’’ Pressure Vessel Code (BPV) provisions ‘‘backfitting’’ as defined in § 50.109(a)(1). In some cases, an individual on inservice inspection and inservice Section B. Incorporation by reference of requirement that is being considered for testing, and the ASME Operations and later editions and addenda of Section XI, inclusion in a voluntary alternative to Maintenance (OM) Code, are not Division 1, of the ASME BPV and OM Codes current regulations may be justifiable ordinarily considered backfits, because Incorporation by reference of later editions under the backfit criteria. In these cases it has been the NRC’s longstanding and addenda of Section XI, Division 1, of the the individual requirement is both cost- policy to incorporate later versions of ASME BPV Code and the ASME OM Code justified and provides a substantial the ASME codes into its regulations. affect the ISI and IST programs of operating increase in the overall protection of the However, under some circumstances the reactors. However, the backfit rule generally public health and safety or the common NRC’s endorsement of a later ASME does not apply to incorporation by reference defense and security. If so, the NRC BPV or OM Code is treated as a backfit. of later editions and addenda of the ASME should consider imposing the The application of the backfit rule to BPV (Section XI) and OM codes for the individual requirement as a backfit following reasons— ASME code endorsements is discussed (1) The NRC’s longstanding policy has affecting all plants to which it applies, in the Appendix below. Aside from rather than merely including it in a been to incorporate later versions of the these backfits, these regulatory analyses ASME codes into its regulations; thus, voluntary-alternative rule affecting only should include consideration of the licensees know when receiving their those plants where the voluntary major features (e.g., process changes, operating licenses that such updating is part alternative is adopted. recordkeeping requirements) of the of the regulatory process. This is reflected in A special case involves the NRC’s regulatory action which should then be § 50.55a which requires licensees to revise periodic review and endorsement of aggregated to produce qualitative or their in-service inspection (ISI) and in- consensus standards, such as new quantitative estimates of the overall service-testing (IST) programs every 120 versions of the American Society of burdens and benefits in order to months to the latest edition and addenda of Mechanical Engineers (ASME) codes. determine if the remainder of the action Section XI of the ASME BPV Code and the ASME OM Code incorporated by reference These NRC endorsements can typically is justified. involve hundreds, if not thousands, of into § 50.55a that is in effect 12 months individual provisions. Thus, evaluating Dated in Rockville, Maryland, this 17th before the start of a new 120-month ISI and the benefits and costs of each individual day of May, 2004. IST interval. Thus, when the NRC endorses a later version of a code, it is implementing provision in a regulatory analysis can be For the Nuclear Regulatory Commission. Annette Vietti-Cook, this longstanding policy. a monumental task. Further, the value (2) ASME BPV and OM codes are national Secretary of the Commission. gained by performing such an exercise consensus standards developed by appears limited. These consensus Note: The following appendix will not participants with broad and varied interests, standards tend to be noncontroversial appear in the Code of Federal Regulations. in which all interested parties (including the and have already undergone extensive NRC and utilities) participate. This external review and been endorsed by Appendix consideration is consistent with both the industry. Although regulatory actions intent and spirit of the backfit rule (i.e., the Guidance on Backfitting Related to ASME NRC provides for the protection of the public endorsing these consensus standards Codes must be addressed in a regulatory health and safety, and does not unilaterally 10 CFR 50.55a requires nuclear power imposed undue burden on applicants or analysis, it is usually not necessary for plant licensees to construct ASME Boiler and licensees). the regulatory analysis to address the Pressure Vessel Code (BPV Code) Class 1, 2, (3) Endorsement of these ASME codes is individual provisions of the consensus and 3 components under the rules provided consistent with the National Technology standards. in Section III, Division 1, of the ASME BPV Transfer and Advancement Act, inasmuch as The NRC believes this is appropriate Code; inspect Class 1, 2, 3, Class MC, and the NRC has determined that there are sound for several reasons: Class CC components under the rules regulatory reasons for establishing regulatory (1) It has been longstanding NRC provided in Section XI, Division 1, of the requirements for design, maintenance, policy to incorporate later versions of ASME BPV Code; and test Class 1, 2, and 3 inservice inspection and inservice testing by the ASME Code into its regulations; and pumps and valves under the rules provided rulemaking. in the ASME Code for Operation and thus, licensees know when receiving Maintenance of Nuclear Power Plants (OM Section C. Other Circumstances Where the their operating licenses that updating Code). From time to time, the NRC amends NRC Does Not Apply the Backfit Rule to the the ASME Code is part of the regulatory 10 CFR 50.55a to incorporate by reference Endorsement of a Later Code process; later editions and addenda of: Section III, Other circumstances where the NRC does (2) Endorsement of the ASME Code is Division 1, of the ASME BPV Code; Section not apply the backfit rule to the endorsement consistent with the National Technology XI, Division 1, of the ASME BPV Code; and of a later code are as follows— the ASME OM Code. Transfer and Advancement Act, (1) When the NRC takes exception to a later inasmuch as the NRC has determined Section A. Incorporation by Reference of ASME BPV or OM code provision, and that there are sound regulatory reasons Later Editions and Addenda of Section III, merely retains the current existing for establishing regulatory requirements Division 1 of ASME BPV Code requirement, prohibits the use of the later for design, maintenance, inservice Incorporation by reference of later editions code provision, or limits the use of the later inspection and inservice testing by and addenda of Section III, Division 1, of the code provision, the backfit rule does not rulemaking; and ASME BPV Code is prospective in nature. apply because the NRC is not imposing new (3) These consensus standards The later editions and addenda do not affect requirements. However, the NRC provides the technical and/or policy bases for taking undergo significant external review and a plant that has received a construction permit or an operating license, or a design exceptions to the code in the Statement of discussion before being endorsed by the that has been approved because the edition Considerations for the rule. NRC. and addenda to be used in constructing a (2) When an NRC exception relaxes an Some aspects of these regulatory plant are, by rule, determined on the basis of existing ASME BPV or OM code provision actions endorsing consensus standards the date of the construction permit and are but does not prohibit a licensee from using are backfits which must be addressed not changed, except voluntarily by the the existing code provision.

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Section D. Endorsement of Later ASME BPV examination coverage requirements from 13 CFR part 134 and clarifies the or OM Codes That Are Considered Backfits those in the ASME code. jurisdiction of the SBA’s Office of There are some circumstances when the [FR Doc. 04–11506 Filed 5–20–04; 8:45 am] Hearings and Appeals (OHA). NRC considers it appropriate to treat as a BILLING CODE 7590–01–P backfit the endorsement of a later ASME BPV Section-by-Section Analysis of or OM code— Comments (1) When the NRC endorses a later The SBA received two comments on provision of the ASME BPV or OM code that SMALL BUSINESS ADMINISTRATION its proposal to amend § 121.102 and add takes a substantially different direction from a new paragraph (d) that would the currently existing requirements, the 13 CFR Parts 121, 124, 125, and 134 action is treated as a backfit. An example was recognize that there currently exists an the NRC’s initial endorsement of Subsections RIN 3245–AE92 internal Size Policy Board at the SBA IWE and IWL of Section XI, which imposed responsible for making containment inspection requirements on Small Business Size Regulations; recommendations to the Administrator operating reactors for the first time. The final Rules of Procedure Governing Cases on size standards, other size eligibility rule dated August 8, 1996 (61 FR 41303), Before the Office of Hearings and requirements, and size protest incorporated by reference in § 50.55a the Appeals procedures. One commenter concurred 1992 Edition with the 1992 Addenda of IWE with the proposal to recognize the size and IWL of Section XI to require that AGENCY: Small Business Administration. policy board, while another commenter containments be routinely inspected to detect ACTION: Final rule. defects that could compromise a noted a typographical error in the paragraph numbering. Upon further containment’s structural integrity. This SUMMARY: This final rule amends the deliberation, the SBA has decided not to action expanded the scope of § 50.55a to U.S. Small Business Administration’s include components that were not adopt this rule as proposed. The SBA considered by the existing regulations to be (SBA’s) small business size regulations believes that the make-up and within the scope of ISI. Because those and the regulations applying to appeals utilization of a Size Policy Board or requirements involved a substantially of size determinations. In particular, other means to effect size policy is an different direction, they were treated as this rule amends the definitions of internal matter, and need not be spelled backfits, and justified under the standards of affiliation and employees. It also makes out in the regulations. The SBA’s 10 CFR 50.109. procedural and technical changes to (2) When the NRC requires implementation current organizational structure ensures cover programs such as the SBA’s that size standard issues are considered of later ASME BPV or OM code provision on HUBZone Program and the government- an expedited basis, the action is treated as a by all appropriate officials in the backfit. This applies when implementation is wide Small Disadvantaged Business Agency. required sooner than it would be required if Program. Further, the rule codifies The SBA also proposed amending the the NRC simply endorsed the Code without several long-standing precedents of the definition of affiliation set forth at any expedited language. An example was the SBA’s Office of Hearings and Appeals § 121.103. The proposed rule provided final rule dated September 22, 1999 (64 FR and clarifies the jurisdiction of that that control may be affirmative or 51370), which incorporated by reference the office. negative, set forth an example of 1989 Addenda through the 1996 Addenda of Section III and Section XI of the ASME BPV DATES: Effective Date: The rule is negative control, stated that control may Code, and the 1995 Edition with the 1996 effective on June 21, 2004. Applicability be exercised indirectly through a third Addenda of the ASME OM Code. The final Date: These amendments apply to all party, and stated that affiliation may be rule expedited the implementation of the solicitations issued on or after the found under the totality of 1995 Edition with the 1996 Addenda of effective date, as well as all applications circumstances even though no single Appendix VIII of Section XI of the ASME for financial or other assistance pending factor is sufficient to constitute BPV Code for qualification of personnel and as of or submitted to the SBA on or after affiliation. The SBA received several procedures for performing ultrasonic (UT) the effective date. comments on these proposed changes, examinations. The expedited implementation including comments supporting the of Appendix VIII was considered a backfit FOR FURTHER INFORMATION CONTACT: Gary because licensees were required to Jackson, Assistant Administrator, Office incorporation of certain provisions implement the new requirements in of Size Standards, (202) 205–6464 or previously contained in the regulations Appendix VIII before the next 120-month ISI [email protected]. to provide clearer guidance regarding program inspection interval update. Another the application of the affiliation rules. example was the final rule dated August 6, SUPPLEMENTARY INFORMATION: On The SBA received one comment 1992 (57 FR 34666), which incorporated by November 22, 2002, the U.S. Small regarding § 121.103(a)(6), which reference in § 50.55a the 1986 Addenda Business Administration (SBA or provides that when determining the through the 1989 Edition of Section III and Agency) published in the Federal concern’s size, the SBA counts the Section XI of the ASME BPV Code. The final Register, 67 FR 70339, a proposed rule receipts, employees, or other measure of rule added a requirement to expedite the to amend its regulations governing size. implementation of the revised reactor vessel size of the concern whose size is at issue shell weld examinations in the 1989 Edition The SBA’s size regulations (13 CFR part and all of its domestic and foreign of Section XI. Imposing these examinations 121) are used to determine eligibility for affiliates, regardless of whether the was considered a backfit because licensees all SBA and Federal programs that affiliates are organized for profit. The were required to implement the examinations require an entity to be a small business commenter stated that this regulation, before the next 120-month ISI program concern (SBC). along with § 121.104(d), does not inspection interval update. In general, the SBA’s size standards explain how to aggregate and then (3) When the NRC takes an exception to an are based on either average annual average the receipts or employees of a ASME BPV or OM code provision and receipts or number of employees, concern’s affiliates. The commenter imposes a requirement that is substantially depending on the industry. When different from the current existing explained that there are three different requirement as well as substantially different measuring a concern’s size, the receipts ways to calculate an average and with than the later code. An example of this is or employees of affiliated concerns are each, a different answer is obtained. presented in the portion of the final rule included. This final rule modifies the In response to this comment, the SBA dated September 19, 2002, in which the NRC definitions of affiliation and number of has amended § 121.104 (receipts) and adopted dissimilar metal piping weld UT employees. In addition, the rule amends § 121.106 (employees) to explain how to

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calculate receipts and employees of these services are inherently part of independently without regard to its affiliates. The amended language their ownership and management affiliation with the tribe or ANC, or any describes the SBA’s historical practice responsibilities. The commenters other business entity owned by the tribe of separately calculating the average suggested that the final rule specify that or ANC. Thus, while there is specific annual receipts and average number ‘‘common administrative services’’ statutory authority for a total exclusion employees for the business concerns should be permissible. from affiliation between a concern and and each affiliate and then aggregating The SBA agrees with these comments. the tribe or ANC that owns it for them together. For example, a business The Agency recognizes that it is purposes of the 8(a) BD program, there concern with an average of 75 common practice for tribes, ANCs, is no such similar authority outside the employees is added to the 20 employee CDCs, and NHOs to own other concerns 8(a) BD program. Congress specifically average of an affiliate to arrive at an and for the tribal managers to manage limited the full exclusion only to the average number of employees of 95. these concerns. However, allowing the 8(a) BD program. This is not a change in policy, but tribes, ANCs, CDCs, and NHOs to own, In addition, the differing purposes of merely more fully explains current manage, and perform the common the SBA’s size regulations and the policy. administrative services for the concern regulations implementing the 8(a) BD The SBA also proposed amending would create an unfair, competitive program support distinct affiliation § 121.103(b)(2) to clarify the exception advantage unless fair and adequate exclusions for 8(a) and non-8(a) to affiliation for Indian tribes, Alaska consideration is given. Thus, the SBA contracting opportunities. The purpose Native Corporations (ANCs), amends its regulation to state that no of the SBA’s size regulations in the Community Development Corporations affiliation is found as a result of the context of Federal procurement is to (CDCs) and Native Hawaiian performance of common administrative provide a benefit to SBCs that will assist Organizations (NHOs). The proposed services by a tribe, ANC, CDC, or NHO SBCs in receiving a fair proportion of rule specified that the exception applies for one of its subsidiaries, so long as Federal procurements. The purpose of whether the tribe, ANC, CDC or NHO proper consideration is provided for the 8(a) BD Program is to promote owns the concern whose size is at issue these services. business development of SBCs owned directly, or through another entity, The SBA stated in the proposed rule and controlled by socially and which is wholly-owned by the tribe, that although SBA will not find economically disadvantaged individuals ANC, CDC or NHO. The proposed rule affiliation between tribes, ANCs, CDCs or qualified entities (tribes, ANCs, also provided that affiliation could not and NHOs and the business concerns NHOs and CDCs). The 8(a) BD program be found among several tribally, ANC, they owned and control because of is intended to assist such firms toward CDC or NHO-owned concerns based on common management and ownership, economic viability so that they can common management. ‘‘affiliation may be found for other compete with all other businesses, The SBA received several comments reasons.’’ One commenter believed this including SBCs that are not owned and on this proposed rule. Most supported statement is too confusing and is controlled by socially and economically the exception to affiliation when the unclear as to which ‘‘other reasons’’ the disadvantaged individuals and qualified subsidiary is wholly-owned by the tribe, SBA is referring. In response to this entities. The final rule remains as ANC, CDC or NHO, or through another comment, the SBA notes that its proposed. entity, because many tribes and ANCs regulations set forth numerous criteria One commenter explained that this have formed holding companies. to determine when the SBA may deem part of the proposed rule, if enacted as However, some commenters requested a two or more business concerns affiliates. final, would reverse the result in Size clarification of the meaning of wholly- For example, the SBA may find Appeal of HCI Construction, Inc., SBA owned because a literal interpretation affiliation based upon the totality of No. SIZ–4460 (2001). In HCI would encompass any business that is circumstances, the newly organized Construction, Inc., SBA No. SIZ–4460, 100% owned by a tribe, ANC, CDC or concern rule, or shared common HCI was a tribal holding company that NHO. These commenters believe that for facilities. owned several companies. SBA found purposes of the 8(a) Business Numerous commenters believed that that HCI’s subsidiaries were all affiliated Development (BD) Program, ‘‘wholly- the SBA should make its size rules and and the exclusion for affiliation for owned’’ refers only to holding 8(a) BD rules on affiliation with respect tribally-owned business concerns did companies. Thus, they recommended to Tribes and ANCs the same because not apply because HCI was not a tribe. the SBA define the term ‘‘holding the conflict between the two rules OHA stated that the appeal allegations company’’ in its size regulations. provides for inconsistent size raised a policy question calling for a The SBA disagrees with these latter determinations, which then have to be change in the size regulations and were comments. For purposes of the 8(a) BD explained to contracting officers (COs) not a justiciable issue. Program, ‘‘wholly-owned’’ does not and potential teaming partners. Some SBA concurs with the comment that refer only to holding companies. In commenters argued that the legislative the rule reverses the result in HCI addition, the SBA believes that the term history of the 8(a) BD Program supports Construction, Inc. That is SBA’s intent. ‘‘wholly-owned’’ is clear. It means this position. Others argued that the In the final rule, SBA has divided this 100% ownership. Alaskan Native Claims Settlement Act section into two parts to make clear that Several commenters supported the (ANCSA) entitles ANCs to all the business concerns owned by Indian proposed exception to affiliation for benefits afforded disadvantaged and tribes, ANCs, CDCs, and NHOs tribes, ANCs, CDCs and NHOs based on minority businesses, and this would (including wholly owned entities of common management. However, each apply to size matters, as well. The SBA tribes, ANCs, CDCs and NHOs) are not recommended that the SBA also include disagrees with these comments. For considered to be affiliated with those common contractual relationships either 8(a) BD program entry or 8(a) entities or other concerns owned by between the tribe or ANC and its contract award, there is specific those entities for size determination subsidiaries as an exception to statutory language that generally purposes; however, two or more affiliation. These commenters argued provides that in determining the size of concerns owned by such entities may be that tribes and ANCs provide support a concern owned by a tribe or ANC the affiliated with each other on grounds services to their subsidiaries and that firm’s size will be determined other than common ownership,

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common management, and common the concern. SBA has implemented the common management, is in conflict administrative services. final rule as proposed. with the 8(a) preclusion from outside The proposed rule added language to Section 121.103(d) discusses employment found in 13 CFR 124.109. § 121.103(b)(6) to clarify that the SBA affiliation arising under stock options, The SBA does not believe there is a may find affiliation with respect to convertible securities, and agreements conflict. The purpose of the size approved mentor/prote´ge´ relationships to merge. The SBA gives present effect regulations is to determine whether a for reasons other than the mentor/ to all such arrangements in determining concern is small and the purpose of the prote´ge´ relationship. One commenter affiliation and proposed several 8(a) BD regulations is to determine thought the phrase ‘‘other reasons’’ was exceptions to this ‘‘present effect’’ rule, eligibility for a business development unclear. In response, the SBA notes that which stem from OHA rulings. One program. The requirement that the Federal Mentor/Prote´ge´ Programs allow commenter acknowledged support for disadvantaged individual upon whom mentors to provide specific assistance to this proposed rule, while another noted 8(a) eligibility is based must devote full- the prote´ge´ and therefore place limits that the last three lines would be clearer time to his or her business is a upon the mentor/prote´ge´ relationship. if they read ‘‘conjectural, or requirement to ensure that the business The SBA’s size regulations set forth unenforceable under state or Federal development purposes of the 8(a) BD numerous criteria to determine when law, or where the probability of the program are advanced. That provision the SBA will deem two or more transaction (or exercise of the rights) has nothing to do with ownership in or business concerns affiliates. These occurring is shown to be extremely membership on boards of directors of criteria, if outside of the mentor/prote´ge´ remote, are not given present effect.’’ more than one concern for size relationship, are the ‘‘other reasons’’ the The SBA concurs with this comment affiliation purposes. SBA may determine that the two and the final regulation provides that In its proposed regulation, the SBA concerns engaged in a mentor/prote´ge´ options, convertible securities, and added § 121.103(g), ‘‘Affiliation based relationship are affiliated. The SBA has agreements that are subject to on the newly organized concern rule.’’ implemented the final rule as proposed. conditions precedent which are This proposed section provided that Two commenters believed that there incapable of fulfillment, speculative, affiliation may arise where former should be an exclusion from affiliation conjectural, unenforceable under state officers, directors, stockholders, for joint ventures with mentors/prote´ge´s or Federal law, or where the probability managing members (in a limited and another SBC (for size and 8(a)). of the transaction (or exercise of the liability corporation) or key employees Specifically, these commenters rights) occurring is shown to be of one concern organize a new concern recommend the SBA’s size regulations extremely remote, are not given present in the same or related industry and state that a joint venture between an 8(a) effect. The rule also makes clear that serve as its officers, directors, prote´ge´, a mentor and one or more other SBA will not give present effect to stockholders, managing members or key SBCs is permissible without subjecting options, convertible securities or employees, and the first concern will the mentor and the other SBCs to an agreements in order to make a firm provide contractual, financial, or other affiliation determination. The SBA does eligible as a small business. For assistance to the new concern. One not agree with this suggestion because it example, a concern cannot claim that an commenter recommended defining the would not serve the purpose of Federal individual owning 40% of the concern term ‘‘key employee’’ and suggested mentor/prote´ge´ programs and it would where that block is large as compared to reviewing the SBA’s former size create an unfair competitive advantage all others should not be deemed to regulations as reference. This for such joint ventures. control the concern because an commenter also believed that the The SBA received one comment on its agreement exists to sell his 40% some proposed rule’s preamble discussion of proposal to amend § 121.103(c), which unspecified time in the future. post-1996 OHA decisions should note provided that where a concern’s voting Section 121.103(e) covers control that the newly organized concern rule stock is widely held and no single block through common management. The SBA was used as a factor in the totality of of stock is large as compared with all proposed clarifying that affiliation arises circumstances. The SBA concurs with other stock holdings, the SBA will deem when an officer, director, managing these comments and has defined ‘‘key the concern’s Board and Chief Executive member, or partner controls two employee’’ to mean an employee who, Officer (CEO) or President to have the concerns. One commenter stated that because of his/her position in the power to control the concern in the the regulation is not clear and questions concern, has a critical influence in or absence of evidence to the contrary. In whether it reads that if an officer owns substantive control over the operations the absence of evidence to the contrary, 51% of two concerns then there is or management of the concern. the SBA will find control in such affiliation or if the two concerns have a One comment recommended noting circumstances to rest with the Board of director in common then they are in the preamble that with the return of Directors and with the highest ranking affiliated. The regulation provides that the newly organized concern rule as an officer of the concern (either its CEO or the SBA will find affiliation based upon independent basis of affiliation, the President) because control of the common management when a manager totality of circumstances ground for concern must rest somewhere. One controls more than one business affiliation would be rarely used. The commenter believed that the President/ concern. Thus, if one person is the SBA disagrees with this comment. The CEO should not be considered as President of two concerns, the concerns newly organized concern rule is one controlling with the Board because the are affiliated based upon common factor used when determining the Board selects the President. The SBA management. If one person is simply on totality of circumstances. The totality of notes that even when this is true, the the Board of two business concerns, but circumstances can arise in many President or CEO still exercises certain does not control either or both concerns, instances, aside from newly-organized elements of control over the concern. there would be no finding of affiliation concerns. The totality of circumstances Again, someone controls the concern. It based upon common management. The is used when, absent a single factor is up to the concern itself or the relevant SBA has implemented the final rule as sufficient by itself to constitute individuals themselves to provide proposed. affiliation, connecting relationships evidence to the contrary that one or Others commented that the proposed between firms are so suggestive of more individuals truly do not control regulation at § 121.103(e), dealing with dependence as to render them affiliated.

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For example, the connecting structures. The final rule clarifies that Participant is the lead joint venture relationships may include financial joint ventures may be in the form of a partner. In other words, for purposes of assistance, the sharing of office space new legal entity (e.g., a limited liability contracting, admission into the program and personnel, and a minority owner corporation) or may be informal includes both a concern in its own having the power to control a arrangements so long as the agreement capacity and any approved joint venture challenged firm. between the business concerns explains in which the concern is the lead entity. The SBA proposed to redesignate the that it is a joint venture and meets the For contracting purposes, the SBA will joint venture regulation currently at regulation’s definition of joint venture. consider the joint venture to be the § 121.103(f) to § 121.103(h), clarify it, Second, the SBA believes that it is Participant where the joint venture and define its key terms using reasonable to allow SBCs to enter into meets all applicable requirements and is definitions similar to those set forth in a joint venture relationship on more approved by the SBA. Thus, the SBA parts 9 and 19 of the Federal than one contract and not be considered believes that it is inappropriate and Acquisition Regulation (FAR), title 48 of ‘‘affiliates’’ generally for purposes of declines to change either the 8(a) BD the Code of Federal Regulations. The size. However, the SBA also believes joint venture regulations or the size SBA stated in its preamble to the that it must limit the application of the regulations to conform to each other. proposed rule that it was considering exclusion from affiliations for SBCs that The proposed regulations also adopting a rule that would allow two or have engaged in a joint venture with provided for an exception to affiliation more SBCs to form a joint venture each other to no more than three offers for certain joint ventures so long as each relationship that would go beyond a over a two year time frame. This concern is small under the size standard specific contract and still afford them limitation will allow SBCs to work corresponding to the NAICS assigned to the exclusion from affiliation (if the together for larger procurements on the contract. However, an existing other requirements are met). In other more that one contract while still regulation provides that for joint words, the joint venture could be an ensuring that the joint venture ventures between a prote´ge´ and its ongoing relationship that would allow relationship remains limited in nature. approved mentor, the SBA will deem the concerns to seek out several In addition, the SBA notes that it limits the joint venture small if the prote´ge´ different larger contract opportunities the exclusion from affiliation for those qualifies as small for the NAICS code and still get an exclusion from joint ventures that carry out no more assigned to the procurement. This is not affiliation without requiring the entities than three specific or limited-purpose a change in the SBA policy. to form a separate joint venture for each business ventures. Thus, joint ventures Nonetheless, one commenter believes contract opportunity. The SBA received which compete for limited-purpose this existing regulation conflicts with several comments on its proposed rule contracts, such as encryption contracts, the SBA’s 8(a) BD regulations. The SBA regarding joint ventures. would be excluded from affiliation. concurs and notes that the proposed One commenter expressed support for However, joint ventures which compete size regulation is consistent with the this clarification and the utilization of for varying types of contracts, such as an 8(a) BD regulations set forth in FAR definitions to have consistency encryption contract and then a § 124.513(b)(3), which addresses the with the FAR and the SBA’s regulations, computer supply contract or an size of concerns to an 8(a) joint venture, while others believed that the proposed engineering services contract, would not including a joint venture between a definition is too narrow. Specifically, be excluded from an affiliation mentor prote´ge´. However, as noted by the latter commenters stated that joint determination. The SBA has amended the commenter, the proposed size ventures should not be limited to its regulation accordingly. regulation and § 124.513(b)(3) are informal partnership structures but In addition, several commenters inconsistent with § 124.520(d)(1), which instead should include ongoing argued that there was a conflict between also addresses the size of mentors and relationships, as well as corporations, the proposed size rule regarding joint their 8(a) BD prote´ge´s that enter into a limited liability corporations and other ventures and the 8(a) BD regulations joint venture for a contract. The SBA legally recognized types of entities. and stated that allowing joint ventures has determined that § 124.520(d)(1), These commenters supported the SBA’s for multiple contracts contradicts the which requires that both the mentor and proposal to permit two or more SBCs to 8(a) BD regulations on the issue. prote´ge´ qualify as small for the form a joint venture that would last Specifically, 13 CFR 124.513(a) allows a procurement, contains an inadvertent beyond a specific contract and still joint venture for the purpose of error and has amended that regulation afford them the exclusion from performing a specific contract. The SBA so that it is now consistent with affiliation because: (1) Many SBCs concurs with this comment and has § 124.513 and the size regulations. pursue multiple procurements together; amended that regulation so that it is Finally, one commenter stated that if (2) a single ongoing joint venture consistent with § 121.103(h). this is issued as final, then former vehicle should facilitate faster approval One commenter believed that the SBA § 121.103(f)(3) becomes § 121.103(h)(3) by the SBA, if required; and (3) it will should amend the 8(a) BD regulations to and references to the former regulation increase the ability of SBCs to pursue conform to the size joint venture must be changed in § 124.1002(f)(3) and bundled contracts. However, regulation such that there should no § 125.6(g). The SBA concurs and has commenters also believed that if the longer be a requirement for an 8(a) joint made those changes accordingly. In SBA does allow SBCs to enter into a venture to have an 8(a) SBC as the addition, SBA notes that § 125.6(g) joint venture for multiple contracts, managing venture, etc. The SBA notes states that when an offeror is exempt then the Agency should limit the that the purpose of the 8(a) BD joint from affiliation under § 121.103(h)(3) number of contracts or revenues or venture requirements is to ensure the performance of work requirement define at what point the two companies compliance with the Small Business set forth in this section applies to the are affiliated. Otherwise, these joint Act. With respect to the statutory cooperative effort of the team or joint ventures could create an unfair requirement that all 8(a) BD contracts be venture. This implies that all the competitive advantage. performed by Participant concerns, the exclusions under § 121.103(f)(3) are In response to these comments, the SBA interprets the acceptance of included. However, one commenter SBA first notes that joint ventures are Participants into the program to extend believed that this would not apply when not limited to informal partnership to approved joint ventures in which the dealing with the Mentor/Prote´ge´

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Program. The SBA disagrees with this corporation, or disregarded entity) that with respect to pass-throughs. In comment. Section 124.513(d) best suits their need. addition, the commenter recommended specifically provides that for any 8(a) One commenter stated that the definitions for these terms. contract, including those between proposed definition of receipts is The SBA has decided not to adopt the mentors and prote´ge´s, the joint venture confusing because it does not specify proposed language and to retain its must perform the applicable percentage with certainty all of the required items current policy of specifically listing of work required by § 124.510, and the and the formulae the size specialist is to those agent-like industries in which 8(a) partner to the joint venture must apply to them. For example, this certain receipts may be excluded in the perform a significant portion of the commenter questioned whether gross calculation of average annual receipts. contract. receipts, gross sales, interest, dividends, Although the SBA could develop The SBA proposed, at § 121.103(h)(4), royalties and other income are all to be definitions of certain terms and explain that it would treat a contractor and its combined and what other income is under what conditions it would allow ostensible subcontractor as joint included. This commenter believes the such exclusions, they would remain venturers and affiliates for size proposed definition invites a challenged general guidance in which businesses determination purposes and defined firm to present its own receipts theory; would not know with certainty how the ostensible subcontractor. One in contrast, the current definition SBA would ultimately decide. The commenter suggested separating out the operates mechanically from items easily proposed language could likely, and ‘‘ostensible subcontractor rule’’ because found on tax returns. unnecessarily, invite challenges that the rule requires full affiliation At this time, the SBA has decided not raised specious ‘‘pass-through’’ theories treatment and forbids more favorable to amend that part of § 121.104(a)(1). that would have to be interpreted joint venture treatment. The same Although the SBA received only one through a size protest or size appeal. person also believed that the first comment on this definition, the The current policy of limiting these sentence should omit the reference to comment suggested that the proposed exclusions to specific industries ‘‘joint venturers.’’ This commenter also rule was less clear than the current one. represents a more workable and clearer recommended refining the last sentence Therefore, the SBA feels it is necessary policy for the public. Specific industries and suggested language. The SBA does to further research the definition of seeking to exclude ‘‘pass-through’’ not agree with this comment and does ‘‘receipts’’ before implementing an amounts will continue to be required to not believe it should separate the amendment. It remains SBA’s intent address their concerns to SBA’s Office ostensible contractor rule from the joint that amounts received from any source of Size Standards. SBA will then venture paragraph. If the SBA considers are to be counted in determining a continue to review such submissions the prime and its ostensible firm’s annual receipts. As noted in the and determine whether a further subcontractor as joint venturers, there proposed rule, this includes amounts regulatory change regarding ‘‘pass- may be instances where an exception to received from gross sales, interest, through’’ amounts is needed. affiliation for the joint venture applies. dividends, rents, royalties and other Finally, the SBA proposed a For instance, if an ostensible income. clarification to the definition of receipts, subcontractor is an SBA-approved The SBA also proposed to expand its which stated that the only exclusions mentor to the prime contractor, the two exclusion of receipts received by an from the definition are those specifically firms would be treated as joint agent for another. The proposed provided for in the section and that all venturers, but the exclusion from regulation set forth those agency-type other items, such as subcontractor costs, affiliation would apply. business entities for which the SBA reimbursements for purchases a The SBA proposed several changes to would exclude amounts collected for contractor makes at a customer’s § 121.104, which pertain to how the another, and permitted the SBA to request, and employee-based costs such annual receipts of a concern are exclude amounts for similar agent-type as payroll taxes, may not be excluded calculated. This modification would situations. from receipts. The SBA received several identify the items on a Federal tax One commenter expressed concern comments on this proposal. return that are to be used to calculate with opening up the list of industries One commenter believes that there is receipts. Specifically, the SBA proposed where ‘‘agents’’ may exclude receipts some confusion with respect to the substituting the phrases ‘‘gross received in trust for another. Currently, phrase in current § 121.104 ‘‘if also receipts,’’ ‘‘gross sales,’’ and ‘‘other the SBA makes changes in the list only excluded from gross or total income on income’’ for ‘‘total income’’ and ‘‘gross after a detailed study of a particular a consolidated return filed with the income.’’ This change in terminology industry and a notice and comment IRS.’’ The proposed regulation deleted reflects the items on a Federal tax return rulemaking. This commenter this parenthetical. Prior to the that comprise all or part of total or gross recommended retaining the current amendment in 1996, the SBA excluded income. In addition, the SBA proposed approach because of its certainty, interaffiliate transactions from an a revision to the definition of receipts to uniformity and ease of application and applicant firm’s receipts without regard include interest, dividends, rents and stated that the proposed rule would to whether the firm and its affiliates royalties received by partnerships, S invite all kinds of pass-through theories. filed a consolidated tax return. The corporations, and sole proprietorships. Another commenter supported the commenter questioned whether there is For corporations, income from these proposed amendments as they relate to a return to the SBA’s previous policy sources is included in total income as insurance agencies and financial (pre-1996) of allowing exclusions for reported on IRS Form 1120. However, businesses and supported not counting interaffiliate transactions even in for partnerships and S corporations, pass-through income as part of receipts. situations where the business concern these items are reported separately from One commenter stated that the SBA has not filed a consolidated return or total income on Schedule K of IRS Form does not expressly define ‘‘received in whether the SBA simply does not feel 1165 and 1120S, respectively, and on trust,’’ ‘‘claim of right’’ and ‘‘asset base’’ the parenthetical is necessary because Schedule C or S of IRS Form 1040 for and each has a different meaning in other areas of the current or proposed sole proprietorships. Business entities different industries and contexts. As a regulation address the situation. The such as limited liability corporations result, this commenter believes that the commenter stated that it supported the can elect the tax entity (partnership, proposed language creates confusion position that no consolidated tax return

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need be filed for the exclusion to apply Census (Census) evaluates requests to are classified under the NAICS code because a parent company that establish new industry categories under based on the activities performed. subcontracts to a subsidiary does not the NAICS. The SBA is beginning a Similarly, procurements for these types always file a consolidated tax return. In review of the two size standards it has of services are classified under the addition, some affiliates do not qualify established under NAICS 562910. As NAICS code that best describes the for a consolidated return. This part of that review, it will give activities to be performed. For example, commenter believes that the SBA consideration to advising Census on the the administration (oversight, funding, should exclude all interaffiliate issue, if appropriate. and policy) of Veterans’ programs falls transactions. The SBA also received a comment under NAICS code 923140, In response to this comment, the SBA suggesting the Agency revise the ‘‘note’’ Administration of Veterans’ Affairs. The notes that it did intend to delete the to sector 42 of the NAICS, which would operation and services for a Veterans parenthetical requiring the filing of a incorrectly restate the nonmanufacturer Hospital are classified using NAICS consolidated return in this instance. The rule of proposed 121.406. The note codes under Subsector 622, Hospitals. SBA understands that not all firms file states the requirement that the concern The incorporation of this explanation on such consolidated returns, but that these have fewer than 500 employees but does NAICS Sector 92 into the Table of Size amounts should nonetheless still be not include the two other tests. The Standards will assist Government excluded. Whether a consolidated commenter therefore recommended that officials in assigning the correct NAICS return is filed should have no bearing the SBA simply refer readers to codes for various small business on whether properly documented § 121.406. The SBA disagrees. The assistance programs. interaffiliate transactions are excluded comment under Sector 42 of § 121.201 The SBA proposed an amendment to from annual receipts. To do otherwise sets forth the size standard for § 121.401, covering what procurement would be to count such amounts twice. nonmanufacturers. The term programs are subject to size The SBA received one comment ‘‘nonmanufacturer’’ is defined in determinations, for plain language supporting its clarification of § 121.406. There is no need to revise the purposes. One commenter stated that § 121.104(b)(3), which describes the comment in Sector 42 and refer readers the SBA should clarify that its formula the SBA uses to determine to § 121.406. regulations on size apply to all annual receipts when the concern has a The SBA has also added a note to competitions in which SBCs are ‘‘short year’’ (as defined by the IRS) as Sector 92. Because of the emphasis on competing and not just set-asides. The one of the years within the period of contracting out Government operational SBA believes that this regulation is clear measurement. The SBA has issued the services, the SBA has experienced an that the size rules apply to all final rule as proposed. increase in inquiries regarding the use procurement programs to which size The SBA also proposed to revise of Public Administration NAICS codes status as a small business is required or Footnote 14 to the Table of Small to classify procurements and firms advantageous, and that a further change Business Size Standards by NAICS performing traditionally government- is not needed. Another commenter Industry in § 121.201. Specifically, the provided activities. The SBA has stated that the regulations should proposed revisions to Footnote 14(b) amended its Table of Size Standards to address representations of small added language to clarify that a Federal clarify that small business size business size status in public procurement involving a range of standards are not assigned to codes announcements, the SBA’s Pro-Net environmental services to restore a under Public Administration, NAICS (which, effective January 2004, has been contaminated environment does not Sector 92. This sector consists of merged into the Central Contractor need to include remedial action as one establishments in the public sector, i.e., Registration and is referred to as the of three activities to be classified under Federal, state, and local government Dynamic Small Business Search), GSA this size standard. One commenter agencies. The SBA establishes small Advantage, etc. The SBA does not have supported the proposed language business size standards to assist the jurisdiction to impose its size rules because they were aware of a situation business concerns in the private sector, in public announcements. However, if a where a SBC lost a contract as a result NAICS Sectors 11 through 81. The business concern improperly certifies its of a CO’s belief that the larger size SBA’s definition of a business concern, size in the Dynamic Small Business standard for Environmental found in § 121.105, emphasizes that a Search or GSA’s Advantage, then the Remediation Services required remedial business concern is an ‘‘entity organized appropriate Federal agency may deem it action. However, the commenter favors for profit * * * which makes a a false statement. The SBA notes that even stronger language clarifying the significant contribution to the U.S. the proposed rule would cover such intent of the footnote and recommended economy through payment of taxes.’’ By instances. SBA had in fact removed revising the footnote to state that their nature, establishments in the firms from Pro-Net that it found to be ‘‘although the general purpose of the Public Administration Sector are not other than small after performing a procurement need not necessarily organized for profit and are the formal size determination. include remedial actions, such purpose administrators of public funding. Another commenter suggested adding must be to restore. * * *’’ The Therefore, establishments in this sector a clarifying sentence distinguishing size commenter also recommended creating do not meet the SBA’s definition of a determinations from protests. In a separate NAICS code for concern. response to this comment, the SBA environmental remediation. In addition, the NAICS manual notes that §§ 134.101 and 134.102 The SBA agrees with this comment stresses that ‘‘the administration of define size determination. In addition, and has revised the proposed language governmental programs is classified in part 134 also distinguishes appeals from as recommended to ensure a better Sector 92, Public Administration, while size determinations. Therefore, it is understanding of the application of the the operation of that same government unnecessary to repeat this information environmental remediation services size program is classified elsewhere in in part 121. standard. The recommended language NAICS based on the activities Section § 121.404 proposed additional by the commenter is consistent with the performed.’’ Concerns performing exceptions to the general rule that the SBA’s purpose of revising the footnote operational services for the size status of a concern is determined as description. The U.S. Bureau of the administration of a government program of the date the concern submits a

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written self-certification that it is small contract should not be a factor when the manufactured products under a small to the procuring agency as part of its original competition was among SBCs. business set-aside or an 8(a) contract. initial offer including price. Proposed Meanwhile, several commenters One commenter recommended that the § 121.404(a)(1) provided that a concern expressed a different view and stated SBA add a paragraph clarifying that this applying to be certified as a Participant that they do not support allowing a rule and § 125.6 (limitations on in the SBA’s 8(a) BD Program, as a small concern to be considered small subcontracting) do not apply to § 8(d) disadvantaged business (SDB), or as a ‘‘throughout the life of the contract.’’ subcontracting. The SBA concurs and HUBZone SBC must qualify as small as These commenters support GSA’s FAR has added a sentence clarifying this of the date of certification by the SBA. deviation (GSA Acquisition Letter MV– issue. When requiring an 8(a) BD, SDB, or 03–01, dated February 21, 2003, and Other commenters stated that they HUBZone applicant to be small for ‘‘its Supplemental Number 1, dated oppose the two-tiered size standard for primary industry classification,’’ the February 11, 2004) that requires nonmanufacturers—one for most concern’s primary industry businesses to re-certify their size status procurements and another for classification is determined by looking each time an option for performance in procurements at or under the simplified solely at the applicant concern (i.e., by a new contract period is exercised. For acquisition threshold. These excluding its affiliates), but the size of example, if the concern is found to be commenters believe that the two-tiered the concern is determined by including other than small, the agency should be approach can result in confusion and the receipts or employees of all forced to count those contract dollars as suggest changing the regulation to affiliates. One commenter stated that the an award to an other than small provide that the rule does not have to ‘‘exceptions for size determinations’’ is business. This may force agencies to re- be met if no bidder or offeror proposes confusing. The commenter asked the solicit for a small business set aside to supply the end item of a small Agency to clarify that it determines size rather than exercise the contract option. business manufacturer or processor. The at the time of program admission for SBA notes that the GSA FAR commenters believe that this change 8(a), SDB and the HUBZone Programs, deviation applies only to awards under would provide a preference for small and at time of contract offer for a the Multiple Awards Schedule (MAS) business suppliers when no item Program. It has been the SBA’s contract. While that has always been manufactured by a small business is longstanding policy to allow a concern SBA’s position, SBA has clarified this proposed. The SBA does not agree with that qualified as a small business at the provision. this comment and notes that the time it received a contract to be In proposed § 121.404(a)(3), the SBA nonmanufacturer rule is statutory and considered a small business throughout addressed size status for purposes of applies to all procurements above the the life of that contract. At this time, the compliance with the nonmanufacturer simplified acquisition threshold unless SBA is not addressing awards under the and ostensible subcontractor rule. the SBA grants a waiver. The SBA has Several commenters stated that the use MAS program and is not changing its promulgated the regulation as proposed. of the phrase ‘‘best and final offer’’ does policy regarding other than multiple In § 121.406(b)(1)(ii), the SBA not take sealed bids into consideration award contracts. As such, the SBA is and recommended using the phrase ‘‘as implementing the rule as proposed. proposed deleting the requirement that of the date of a bid or offer which, if However, the SBA will continue to a nonmanufacturer must normally sell accepted by the Government, would consider this issue, including all of the the items being supplied to the public. result in a contract.’’ Another comments received and issues raised. This rule was based on provisions of the commenter stated that ‘‘best and final The SBA also received comments Walsh-Healey Public Contracts Act, offer’’ should be ‘‘final proposal requesting that the Agency address how which permitted Federal acquisitions of revision.’’ The SBA concurs and has to treat the acquisition of a SBC by supplies only from manufacturers or amended the regulation to state ‘‘ *** another concern during contract ‘‘regular dealers.’’ One of the as of the date of the final proposal performance, especially since the requirements for being a regular dealer revision for negotiated acquisitions and awardee may then no longer be small. was to sell items to the general public. final bid for sealed bidding.’’ The SBA This includes instances where a These provisions of the Walsh-Healey notes that the phrase ‘‘final proposal contract is novated. The commenter Act were repealed by the Federal revision’’ is utilized by the FAR now, believed that the SBA’s regulations Acquisition and Streamlining Act of rather than ‘‘best and final offer.’’ should require re-certification at the 1994. The SBA believes that requiring a The SBA received several comments time the contract is novated pursuant to firm to sell to the general public is regarding proposed § 121.404(g), which FAR 42.12 and that the SBA should overly restrictive. Several commenters specified that a concern that qualified as consider re-certifications for other supported this amendment. However, a small business at the time it receives acquisitions, such as the acquisition of some believed the rule should be a contract is considered to be a small stock. The SBA concurs with this limited to the defined sector of the small business throughout the life of that comment and has amended the size business community engaged in contract. The SBA noted in the regulations to address novation of reselling. The SBA does not agree with preamble that it was considering a rule contracts at § 121.404(i), including this last comment because if the SBA that would permit a procuring agency to novations that occur for multiple award limits application of the rule to only treat a concern as a SBC for no more schedule contracts. The amended ‘‘resellers,’’ it will not be helping SBCs. than 5 years from the date of award. regulations now state that the new With proposed § 121.406(b)(2), the Four commenters opposed any rule entity must submit a written self- SBA explained how a reseller can that would require an agency to certification that it is small to the qualify as an eligible small business consider a business small only for a procuring agency so that the agency can manufacturer. According to the period of 5 years. These commenters count the award options, or orders proposed regulation, if a firm adds stated that agencies are contracting for issued pursuant to that contract, something to an item that the longer periods and simply because a towards its small business goals. manufacturer of that existing item does contract is lengthy does not mean the The SBA proposed amendments to not provide, the SBA will consider the concern will grow large over the length § 121.406, which, in general, address firm to be the manufacturer of the of the contract. The length of the how a SBC qualifies to provide ultimate end item (i.e., the item plus the

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addition). The SBA received several SBA believes that its regulations are proposal. Both supported the comments on this proposed rule. clear—a business concern will not be elimination of the 500-employee size Several commenters stated that the deemed the end item manufacturer if standard for subcontracts, but explanation to this proposed regulation the modification can be performed by recommended clarification that prime is confusing and inconsistent. The and is available from the manufacturer contractors can select the NAICS code regulation states that the test is whether of an existing end item. In addition, for the subcontracts because many the modifications can be performed by SBA agrees with the comment that primes believe the NAICS code for the and are available from the manufacturer when determining who is a subcontract is the same as for the prime of the existing end item. One manufacturer, factors that characterize contract. The SBA concurs with this commenter believed the examples the operations of a manufacturer, as comment and has clarified the rule provided in the preamble to the opposed to a reseller, should be accordingly. proposed rule were inconsistent with considered. SBA is adding as part of its Proposed § 121.411(a) changed the this definition. In one example, a SBC assessment of a manufacturer a reference to representations made in is considered the manufacturer because concern’s technical capabilities; plant, SBA’s Procurement Automated Source the safety switch it adds to a saw is a facilities and equipment; production or System (PASS) to SBA’s Procurement feature that the saw’s manufacturer does assembly line processes; packaging and Marketing & Access Network (PRO-Net). not make or provide. In a second boxing operations; labeling of products; This final rule makes a further change. example, a concern is not a and product warranties. Consideration PRO-Net has now become part of the manufacturer because the video card it of these factors is consistent with the Central Contractor Registration (CCR). adds is one that the computer current regulations, which require a Specifically, CCR’s Dynamic Small manufacturer could have installed. The concern, through its own facilities, to Business Search provides the same commenter believed that whether the perform activities to produce an end representations as were contained in item is added or could be added are two item to be deemed a manufacturer. The PRO-Net. As such, the final rule changes different tests and the proposed rule is additional language enables SBA to the reference from PASS to CCR. unclear as to whether both tests must be better distinguish activities that With § 121.702(a), the SBA proposed met. Similarly, another commenter constitute manufacturing from activities recognizing that for purposes of the believes that the original manufacturer that are incidental or of minor value. SBIR Program, the SBA permits a joint could install any number of add-in SBA also agrees that the computer venture when each entity to the venture peripherals but elects not to thereby industry deserves special attention, as is at least 51 percent owned and allowing the SBC the option of adding there has been confusion as to how controlled by one or more individuals it on. Thus, it should not be a factor in much installation must be done before who are citizens of, or permanent determining whether a concern is or is a firm will be considered a resident aliens in, the United States. not considered a manufacturer. Rather, manufacturer of computers. The final The SBA received one comment on this this commenter believed that the SBA rule provides that a firm must generally rule, which noted a grammatical error. should consider the following factors install components totaling at least 50% At this time, however, the SBA has when determining whether the SBC is a of the value of the end item in order to decided not to implement the rule as reseller: (1) Whether the facility has true be considered the manufacturer. proposed. The SBA published a engineering capabilities; (2) whether the However, where a firm installs one or proposed rule in the Federal Register on facility has the equipment to fabricate more components to an existing end June 4, 2003, 68 FR 33412, which metal or plastic; (3) whether there is an item where those identical sought to amend the eligibility assembly line operation; (4) whether modifications cannot be performed by requirements of the SBIR Program. The there is a custom packaging and boxing and are not available from the SBA believes that any amendments to operation; (5) whether the new name of manufacturer of the existing end item, the eligibility requirements of the the end product reflects the the general language of § 121.406(b)(2) program should therefore be addressed manufacturing changes; and (6) whether may permit the firm to be considered as part of the finalization of that rule. the company uses custom cases or the manufacturer in appropriate The SBA received one comment on bezels distinguishing it from the circumstances. when size determinations are made for original. For example, this commenter However, SBA notes that it is not purposes of the SBIR Program. The believes that the SBA should consider a making any changes in response to the commenter stated that based upon a SBC that goes through the trouble of comment regarding bagging operations. ruling by OHA, Bend Research, Inc., customizing logos, computer chassis, The issue raised by this comment SBA No. 4369 (July 29, 1999), size etc. and delivering a product under its pertains primarily to small business protests must be determined on the date own name a computer manufacturer. participation on commodity purchases. of award of the Phase I or II SBIR One commenter believed that firms SBA plans to address that broader issue funding agreement. However, many that provide computer and other as part of a separate rulemaking action agencies are reluctant to issue a funding information technology equipment to be published in the near future. agreement to a concern if the concern should have a specific rule detailing With § 121.410, the SBA proposed an may not be eligible for the program. The when such a firm will be treated as the amendment to determining size for commenter believed that SBA should manufacturer of the end item being purposes of subcontracts. Specifically, amend its regulation to state that SBA supplied. The commenter suggested the proposed rule eliminated the 500- will allow size protests for Phase I or II looking at the percentage (by value) of employee size standard provision for SBIR awards in anticipation of the components installed. subcontracts of less than $10,000 and award. In other words, once the Finally, another commenter opposed required that the size standard of the procuring agency has selected a the amendment because it could corrupt NAICS industry that best matches the business concern for an SBIR award, but the current process. The simple process purpose of the subcontract be used. This prior to the actual issuance of the of setting up a bagging operation does change merely adopted the size award, SBA will review the size of the not constitute manufacturing and standard policy now in effect for concern in response to a protest to unscrupulous operators could take subcontracts of $10,000 or greater. The determine if it is actually eligible for advantage of this change. SBA received two comments on this that award.

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SBA concurs with this comment and new policy partly addresses that issue. at issue to furnish information about its has amended the regulation accordingly. Section 121.1001(a)(7) is therefore alleged affiliates to the SBA, The final regulation provides that the revised to permit size protests notwithstanding any third party claims size status of a concern for the purpose challenging a firm’s representation that of privacy or confidentiality, because of a funding agreement under the SBIR it is a small business on any the SBA does not disclose information program is determined as of the date of unrestricted contract. obtained in the course of a size the award for both Phase I and Phase II One commenter noted that the SBA determination except as permitted by SBIR awards or on the date of the should add the AA for HUBZones to Federal law. One commenter opposed request for a size determination, if an proposed § 121.1001(a)(7)(iii). The SBA any rule that would require a concern to award is pending. is not adopting that proposal as part of provide information concerning an The SBA proposed amending this final rule because that change is alleged third party affiliate because § 121.1001 entitled ‘‘Who may initiate a being made as part of another there is no means to force an alleged size protest or request a formal size rulemaking. SBA notes that it proposed affiliated third party to produce the determination?’’ The SBA received one such an amendment pursuant to a rule information. In addition, although the comment supporting this proposal. The issued on January 28, 2002, 67 FR 3826, SBA does not ‘‘disclose’’ the SBA has promulgated the final rule as amending the HUBZone Program. information, it allegedly ‘‘misplaces’’ proposed. The SBA proposed a new the information. The SBA notes that this The SBA received several comments § 121.1004(a)(4) to address instances rule codifies several OHA rulings and to § 121.1001(a)(7), which provided that where notification of contract award is therefore remains as proposed. See, e.g., ‘‘For any unrestricted Government posted on the Internet, as authorized Size Appeal of Donovan Travel, Inc., d/ procurement in which status as a small under Simplified Acquisition b/a Carlson Wagonlit Travel, SBA No. business may be beneficial, including, Procedures (SAP). In such cases, the SIZ–4270 (1997); Size Appeal of but not limited to, the award of a SBA proposed that a size protest must Quantrad Sensor, Inc., SBA No. SIZ– contract to a small business where there be made to the CO within five business 4255 (1997). are tie bids, the opportunity to seek a days after the electronic posting. One With § 121.1103(b)(3), the SBA Certificate of Competency by a small commenter stated that the 5-day protest proposed a regulation explaining service business, and SDB or HUBZone price period should begin ‘‘upon oral or of a NAICS appeal to the SBA. One evaluation preferences, the following electronic notification by the commenter noted that the new entities may protest in connection with contracting officer or the date that the requirement to serve NAICS code a particular procurement: * * *’’ protester learns the identity of the appeals to the Associate General According to the commenters, SBCs apparent successful offeror via another Counsel for Procurement Law and the should be permitted to protest means.’’ This commenter believes that CO is inconsistent with existing certifications by competitors in all protesters sometimes learn about awards § 134.305(c) which requires service to contracts and not just those where a via an awardee’s public announcement the CO only. The commenter specific benefit is in question. Thus, for or through oral communications. recommends a conforming change to an unrestricted government The SBA concurs and has added a § 134.305(c). The SBA concurs and has procurement in which status as a SBC new paragraph at § 121.1004(a)(5) that made a corresponding change to has been declared or represented by an would provide that where no written § 134.305(c). awardee, any offeror can protest. These notification is required, either prior to Part 134 contains rules of procedure commenters point out that it is or at the time of award, a protest will governing cases before OHA, including important to ensure that statistics be considered timely if filed within five size appeals and former SIC (now reported on small business awards are days after receipt of verbal notification NAICS) code appeals. The SBA accurate to determine if agencies are from the CO or other agency proposed several amendments to part meeting their small business goals. representative. For example, under SAP, 134, mainly to conform to the changes SBA concurs with this comment, and there is no requirement for the CO to proposed for part 121. The proposed believes that size protests should be provide either pre-award or award rule amended § 134.102(k) to authorize allowed on unrestricted procurements. notification to unsuccessful offerors. an affected party to appeal a Small business concerns competing on Consequently, the date of verbal determination by the SBA Government unrestricted procurements have certain notification or date of posting on the Contracting Area Office as to whether benefits not available to other internet will be considered the start of two or more concerns are affiliated for businesses, such as faster progress the 5-day period allotted for a timely purposes of the SBA’s financial payments, an exemption from size protest. assistance programs, or other programs submitting a small business The SBA proposes to amend for which an affiliation determination subcontracting plan on certain § 121.1007 containing the requirement was requested. One commenter noted contracts, and an exemption from cost that a size protest must allege specific that the definition of size determination accounting standards. If a business facts by restoring the six examples that is inconsistent with the definition in concern represents itself as small, the were formerly found at § 121.1604(a) § 134.101 and recommended SBA believes it should have the (1995). The SBA received one comment conforming the revision to § 134.101. opportunity to accept a challenge to about these examples. One commenter The SBA concurs and has made a ensure that these benefits are limited to noted that some of the examples used corresponding change to § 134.101. eligible small businesses. Allowing size the term ‘‘unspecific’’ while the protests on unrestricted solicitations regulation itself uses the term ‘‘non- Application of the Final Rule will provide an incentive for businesses specific’’ and recommends changing the As indicated above, this final rule is and contracting officers to more examples accordingly. The SBA concurs effective 30 days after the date of carefully review small business with this comment and has made the publication in the Federal Register. The representations. SBA is also concerned necessary changes. amendments apply to all solicitations with the quality and integrity of the data The proposed rule amended issued on or after the effective date, as it relies upon in establishing and § 121.1008(d) by adding a sentence well as all applications for financial or monitoring small business goals. This requiring a concern whose size status is other assistance pending as of or

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submitted to the SBA on or after the List of Subjects quorum or otherwise block action by the effective date. board of directors or shareholders. 13 CFR Part 121 (4) Affiliation may be found where an Compliance With Executive Orders Administrative practice and individual, concern, or entity exercises 12866, 12988, and 13132, the procedure, Government procurement, control indirectly through a third party. Paperwork Reduction Act (44 U.S.C. Government property, Grant programs— (5) In determining whether affiliation Ch. 35), and the Regulatory Flexibility business, Loan programs—business, exists, SBA will consider the totality of Act (5 U.S.C. 601–602) Small businesses. the circumstances, and may find OMB has determined that this final 13 CFR Part 124 affiliation even though no single factor rule does not constitute a ‘‘significant is sufficient to constitute affiliation. regulatory action’’ under Executive Administrative practice and (6) In determining the concern’s size, Order 12866. This rule clarifies the procedure, Government procurement, SBA counts the receipts, employees, or SBA’s procedural and definitional size Small businesses, Minority businesses, other measure of size of the concern rules. As such, the rule has no effect on Technical assistance. whose size is at issue and all of its the amount or dollar value of any 13 CFR Part 125 domestic and foreign affiliates, Federal contract requirements or of any regardless of whether the affiliates are financial assistance provided through Government contracts, Government organized for profit. the SBA. Therefore, the rule is not likely procurement, Reporting and (b) Exceptions to affiliation coverage. to have an annual economic effect of recordkeeping requirements, Small (1) * * * $100 million or more, result in a major businesses, Technical assistance (2)(i) Business concerns owned and increase in costs or prices, or have a 13 CFR Part 134 controlled by Indian Tribes, Alaska significant adverse effect on competition Native Corporations (ANCs) organized or the United States economy. In Administrative practice and pursuant to the Alaska Native Claims addition, the final rule does not create procedure, Organization and functions Settlement Act (43 U.S.C. 1601 et seq.), a serious inconsistency or otherwise (Government agencies). Native Hawaiian Organizations (NHOs), interfere with an action taken or I For the reasons set forth in the Community Development Corporations planned by another agency, materially preamble, amend parts 121, 124, 125, (CDCs) authorized by 42 U.S.C. 9805, or alter the budgetary impact of and 134 of title 13, Code of Federal wholly-owned entities of Indian Tribes, entitlements, grants, user fees, loan Regulations, as follows: ANCs, NHOs, or CDCs are not programs or the rights and obligations of considered affiliates of such entities. such recipients, nor raise novel legal or PART 121—SMALL BUSINESS SIZE (ii) Business concerns owned and policy issues arising out of legal REGULATIONS controlled by Indian Tribes, ANCs, mandates, the President’s priorities, or I 1. The authority citation for 13 CFR NHOs, CDCs, or wholly-owned entities the principles set forth in the Executive part 121 continues to read as follows: of Indian Tribes, ANCs, NHOs, or CDCs Order. are not considered to be affiliated with For purposes of the Paperwork Authority: 15 U.S.C. 632(a), 634(b)(6), other concerns owned by these entities 637(a), 644(c) and 662(5) and sec. 304, Pub. because of their common ownership or Reduction Act, 44 U.S.C. Ch. 35, the L. 103–403, 108 Stat. 4175, 4188, Pub. L. SBA determines that this rule does not 106–24, 113 Stat. 39. common management. In addition, impose new reporting or record keeping affiliation will not be found based upon I 2. Amend § 121.103 by revising the requirements. the performance of common section heading; revising paragraphs This action meets applicable administrative services, such as (a)(1), (3) and (4) and adding new standards set forth in sections 3(a) and bookkeeping and payroll, so long as paragraphs (a)(5) and (6); revising the 3(b)(2) of Executive Order 12988, Civil adequate payment is provided for those title of paragraph (b); revising paragraph Justice Reform, to minimize litigation, services. Affiliation may be found for (b)(2); adding a new sentence to the end eliminate ambiguity, and reduce other reasons. of paragraph (b)(6); revising paragraphs burden. The action does not have (c), (d), (e) and (f); redesignating revised * * * * * retroactive or preemptive effect. paragraph (f) as paragraph (h); (6) * * * Affiliation may be found for This regulation will not have redesignating paragraph (g) as paragraph other reasons. substantial direct effect on the States, on (i); and adding new paragraphs (f) and (g) (c) Affiliation based on stock the relationship between the national to read as follows: ownership. (1) A person (including any government and the States, or on the individual, concern or other entity) that distribution of power and § 121.103 How does SBA determine owns, or has the power to control, 50 responsibilities among the various affiliation? percent or more of a concern’s voting levels of government. Therefore, for the (a) General Principles of Affiliation. stock, or a block of voting stock which purposes of Executive Order 13132, (1) Concerns and entities are affiliates of is large compared to other outstanding SBA determines that this final rule has each other when one controls or has the blocks of voting stock, controls or has no federalism implications warranting power to control the other, or a third the power to control the concern. preparation of a federalism assessment. party or parties controls or has the (2) If two or more persons (including The SBA has determined that this rule power to control both. It does not matter any individual, concern or other entity) will not have a significant economic whether control is exercised, so long as each owns, controls, or has the power to impact on a substantial number of small the power to control exists. control less than 50 percent of a entities within the meaning of the (2) * * * concern’s voting stock, and such Regulatory Flexibility Act (RFA), 5 (3) Control may be affirmative or minority holdings are equal or U.S.C. 601–612. Although the rule negative. Negative control includes, but approximately equal in size, and the amends several definitions concerning is not limited to, instances where a aggregate of these minority holdings is the size of a business concern, the minority shareholder has the ability, large as compared with any other stock majority of these amendments are under the concern’s charter, by-laws, or holding, SBA presumes that each such clarification of current policy. shareholder’s agreement, to prevent a person controls or has the power to

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control the concern whose size is at interests aggregated. Where SBA (3) Exception to affiliation for certain issue. This presumption may be determines that such interests should be joint ventures. (i) A joint venture of two rebutted by a showing that such control aggregated, an individual or firm may or more business concerns may submit or power to control does not in fact rebut that determination with evidence an offer as a small business for a Federal exist. showing that the interests deemed to be procurement without regard to (3) If a concern’s voting stock is one are in fact separate. affiliation under paragraph (h) of this widely held and no single block of stock (g) Affiliation based on the newly section so long as each concern is small is large as compared with all other stock organized concern rule. Affiliation may under the size standard corresponding holdings, the concern’s Board of arise where former officers, directors, to the NAICS code assigned to the Directors and CEO or President will be principal stockholders, managing contract, provided: deemed to have the power to control the members, or key employees of one (A) The procurement qualifies as a concern in the absence of evidence to concern organize a new concern in the ‘‘bundled’’ requirement, at any dollar the contrary. same or related industry or field of value, within the meaning of (d) Affiliation arising under stock operation, and serve as the new § 125.2(d)(1)(i) of this chapter; or options, convertible securities, and concern’s officers, directors, principal (B) The procurement is other than a agreements to merge. (1) In determining stockholders, managing members, or key ‘‘bundled’’ requirement within the size, SBA considers stock options, employees, and the one concern is meaning of § 125.2(d)(1)(i) of this convertible securities, and agreements furnishing or will furnish the new chapter, and: to merge (including agreements in concern with contracts, financial or (1) For a procurement having a principle) to have a present effect on the technical assistance, indemnification on receipts based size standard, the dollar power to control a concern. SBA treats bid or performance bonds, and/or other value of the procurement, including such options, convertible securities, and facilities, whether for a fee or otherwise. options, exceeds half the size standard agreements as though the rights granted A concern may rebut such an affiliation corresponding to the NAICS code have been exercised. determination by demonstrating a clear assigned to the contract; or (2) Agreements to open or continue line of fracture between the two (2) For a procurement having an negotiations towards the possibility of a concerns. A ‘‘key employee’’ is an employee-based size standard, the merger or a sale of stock at some later employee who, because of his/her dollar value of the procurement, date are not considered ‘‘agreements in position in the concern, has a critical including options, exceeds $10 million. principle’’ and are thus not given influence in or substantive control over (ii) A joint venture of at least one 8(a) present effect. the operations or management of the Participant and one or more other (3) Options, convertible securities, concern. business concerns may submit an offer and agreements that are subject to (h) Affiliation based on joint ventures. for a competitive 8(a) procurement conditions precedent which are A joint venture is an association of without regard to affiliation under incapable of fulfillment, speculative, individuals and/or concerns with paragraph (h) of this section so long as conjectural, or unenforceable under interests in any degree or proportion by the requirements of § 124.513(b)(1) of state or Federal law, or where the way of contract, express or implied, this chapter are met. probability of the transaction (or consorting to engage in and carry out no (iii) Two firms approved by SBA to be exercise of the rights) occurring is more than three specific or limited- a mentor and prote´ge´ under 13 CFR shown to be extremely remote, are not purpose business ventures for joint 124.520 may joint venture as a small given present effect. profit over a two year period, for which business for any Federal Government (4) An individual, concern or other purpose they combine their efforts, procurement, provided the prote´ge´ entity that controls one or more other property, money, skill, or knowledge, qualifies as small for the size standard concerns cannot use options, but not on a continuing or permanent corresponding to the NAICS code convertible securities, or agreements to basis for conducting business generally. assigned to the procurement and, for appear to terminate such control before This means that the joint venture entity purposes of 8(a) sole source actually doing so. SBA will not give cannot submit more than three offers requirements, has not reached the dollar present effect to individuals’, concerns’ over a two year period, starting from the limit set forth in 13 CFR 124.519. or other entities’ ability to divest all or date of the submission of the first offer. (4) A contractor and its ostensible part of their ownership interest in order A joint venture may or may not be in the subcontractor are treated as joint to avoid a finding of affiliation. form of a separate legal entity. The joint venturers, and therefore affiliates, for (e) Affiliation based on common venture is viewed as a business entity in size determination purposes. An management. Affiliation arises where determining power to control its ostensible subcontractor is a one or more officers, directors, management. SBA may also determine subcontractor that performs primary and managing members, or partners who that the relationship between a prime vital requirements of a contract, or of an control the board of directors and/or contractor and its subcontractor is a order under a multiple award schedule management of one concern also control joint venture, and that affiliation contract, or a subcontractor upon which the board of directors or management of between the two exists, pursuant to the prime contractor is unusually one or more other concerns. paragraph (h)(4) of this section. reliant. All aspects of the relationship (f) Affiliation based on identity of (1) Parties to a joint venture are between the prime and subcontractor interest. Affiliation may arise among affiliates if any one of them seeks SBA are considered, including, but not two or more persons with an identity of financial assistance for use in limited to, the terms of the proposal interest. Individuals or firms that have connection with the joint venture. (such as contract management, technical identical or substantially identical (2) Except as provided in paragraph responsibilities, and the percentage of business or economic interests (such as (h)(3) of this section, concerns subcontracted work), agreements family members, individuals or firms submitting offers on a particular between the prime and subcontractor with common investments, or firms that procurement or property sale as joint (such as bonding assistance or the are economically dependent through venturers are affiliated with each other teaming agreement), and whether the contractual or other relationships) may with regard to the performance of that subcontractor is the incumbent be treated as one party with such contract. contractor and is ineligible to submit a

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proposal because it exceeds the information, such as the concern’s annual receipts of a former affiliate applicable size standard for that regular books of account, audited applies during the entire period of solicitation. financial statements, or information measurement, rather than only for the (5) For size purposes, a concern must contained in an affidavit by a person period after which affiliation ceased. include in its receipts its proportionate with personal knowledge of the facts. (e) Unless otherwise defined in this share of joint venture receipts, and in its (b) Completed fiscal year means a section, all terms shall have the total number of employees its taxable year including any short year. meaning attributed to them by the IRS. proportionate share of joint venture ‘‘Taxable year’’ and ‘‘short year’’ have I 4. Revise § 121.106(a) and (b)(4) to read employees. the meanings attributed to them by the as follows: I 3. In § 121.104 redesignate (a)(3) as IRS. paragraph (e); revise paragraph (a); (c) Period of measurement. (1) Annual § 121.106 How does SBA calculate number remove paragraph (c); redesignate receipts of a concern that has been in of employees? paragraph (b) as (c); revise newly business for three or more completed (a) In determining a concern’s number designated paragraph (c); add new fiscal years means the total receipts of of employees, SBA counts all paragraph (b); revise paragraph (d) to the concern over its most recently individuals employed on a full-time, read as follows: completed three fiscal years divided by part-time, or other basis. This includes three. employees obtained from a temporary § 121.104 How does SBA calculate annual (2) Annual receipts of a concern receipts? employee agency, professional which has been in business for less than employee organization or leasing (a) Receipts means ‘‘total income’’ (or three complete fiscal years means the concern. SBA will consider the totality in the case of a sole proprietorship, total receipts for the period the concern of the circumstances, including criteria ‘‘gross income’’) plus ‘‘cost of goods has been in business divided by the used by the IRS for Federal income tax sold’’ as these terms are defined and number of weeks in business, purposes, in determining whether reported on Internal Revenue Service multiplied by 52. individuals are employees of a concern. (IRS) tax return forms (such as Form (3) Where a concern has been in Volunteers (i.e., individuals who receive 1120 for corporations; Form 1120S and business three or more complete fiscal no compensation, including no in-kind Schedule K for S corporations; Form years but has a short year as one of the compensation, for work performed) are 1120, Form 1065 or Form 1040 for LLCs; years within its period of measurement, not considered employees. Form 1065 and Schedule K for annual receipts means the total receipts (b) * * * partnerships; Form 1040, Schedule F for for the short year and the two full fiscal farms; Form 1040, Schedule C for other years divided by the total number of (4)(i) The average number of sole proprietorships). Receipts do not weeks in the short year and the two full employees of a business concern with include net capital gains or losses; taxes fiscal years, multiplied by 52. affiliates is calculated by adding the collected for and remitted to a taxing (d) Annual receipts of affiliates. average number of employees of the authority if included in gross or total (1) The average annual receipts size of business concern with the average income, such as sales or other taxes a business concern with affiliates is number of employees of each affiliate. If collected from customers and excluding calculated by adding the average annual a concern has acquired an affiliate or taxes levied on the concern or its receipts of the business concern with been acquired as an affiliate during the employees; proceeds from transactions the average annual receipts of each applicable period of measurement or between a concern and its domestic or affiliate. before the date on which it self-certified foreign affiliates; and amounts collected (2) If a concern has acquired an as small, the employees counted in for another by a travel agent, real estate affiliate or been acquired as an affiliate determining size status include the agent, advertising agent, conference during the applicable period of employees of the acquired or acquiring management service provider, freight measurement or before the date on concern. Furthermore, this aggregation forwarder or customs broker. For size which it self-certified as small, the applies for the entire period of determination purposes, the only annual receipts used in determining size measurement, not just the period after exclusions from receipts are those status includes the receipts of the the affiliation arose. specifically provided for in this acquired or acquiring concern. (ii) The employees of a former affiliate paragraph. All other items, such as Furthermore, this aggregation applies are not counted if affiliation ceased subcontractor costs, reimbursements for for the entire period of measurement, before the date used for determining purchases a contractor makes at a not just the period after the affiliation size. This exclusion of employees of a customer’s request, and employee-based arose. former affiliate applies during the entire costs such as payroll taxes, may not be (3) If the business concern or an period of measurement, rather than only excluded from receipts. affiliate has been in business for a for the period after which affiliation (1) The Federal income tax return and period of less than three years, the ceased. any amendments filed with the IRS on receipts for the fiscal year with less than I 5. Amend § 121.201 as follows: or before the date of self-certification a 12 month period are annualized in I a. In the table ‘‘Small Business Size must be used to determine the size accordance with paragraph (c)(2) of this Standards by NAICS Industry,’’ add the status of a concern. SBA will not use tax section. Receipts are determined for the heading NAICS Subsector 92, ‘‘Public returns or amendments filed with the concern and its affiliates in accordance Administration’’ at the end of the table IRS after the initiation of a size with paragraph (c) of this section even and footnote 19; and determination. though this may result in using a I b. Amend footnote 14, by revising (2) When a concern has not filed a different period of measurement to paragraph (b) to read as follows: Federal income tax return with the IRS calculate an affiliate’s annual receipts. for a fiscal year which must be included (4) The annual receipts of a former § 121.201 What size standards has SBA in the period of measurement, SBA will affiliate are not included if affiliation identified by North American Industry calculate the concern’s annual receipts ceased before the date used for Classification System codes? for that year using any other available determining size. This exclusion of * * * * *

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SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY

Size standards in number of NAICS codes NAICS U.S. industry title Size standards in million of dollars employees

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Sector 92—Public Administration 19 (Small business size standards are not established for this sector. Establishments in the Public Administration sector are Federal, state, and local government agencies which administer and oversee government programs and activities that are not performed by private establish- ments.)

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Footnotes Administration sector are Federal, State, Labor publication ‘‘Area Trends in * * * * * and local government agencies which Employment and Unemployment.’’ 14. NAICS 562910—Environmental administer and oversee government I 7. Amend § 121.302 by revising Remediation Services: programs and activities that are not paragraph (a), re-designating paragraph (a) * * * performed by private establishments. (d) as paragraph (e), revising newly (b) For purposes of classifying a Concerns performing operational designated paragraph (e), and adding the Government procurement as services for the administration of a following new paragraph (d) to read as Environmental Remediation Services, government program are classified follows: the general purpose of the procurement under the NAICS private sector industry based on the activities performed. § 121.302 When does SBA determine the must be to restore or directly support size status of an applicant? the restoration of a contaminated Similarly, procurements for these types (a) The size status of an applicant for environment (such as, preliminary of services are classified under the SBA financial assistance is determined assessment, site inspection, testing, NAICS private sector industry that best as of the date the application for remedial investigation, feasibility describes the activities to be performed. financial assistance is accepted for studies, remedial design, remediation For example, if a government agency processing by SBA, except for services, containment, removal of issues a procurement for law applications under the Preferred contaminated materials, storage of enforcement services, the requirement Lenders Program (PLP), the Disaster contaminated materials or security and would be classified using one of the Loan program, the SBIC program, and site closeouts), although the general NAICS industry codes under 56161, the New Markets Venture Capital purpose of the procurement need not Investigation, Guard, and Armored Car (NMCV) program. necessarily include remedial actions. Services. Also, the procurement must be I 6. In § 121.301, revise paragraphs (a), * * * * * composed of activities in three or more (d)(1) and (e) to read as follows: (d) For financial assistance from an separate industries with separate NAICS SBIC licensee or an NMVC company, codes or, in some instances (e.g., § 121.301 What size standards are size is determined as of the date a applicable to financial assistance concern’s application is accepted for engineering), smaller sub-components of programs? NAICS codes with separate, distinct size processing by the SBIC or the NMVC standards. These activities may include, (a) For Business Loans and Disaster company. but are not limited to, separate activities Loans (other than physical disaster (e) Changes in size after the applicable in industries such as: Heavy loans), an applicant business concern, date when size is determined will not Construction; Specialty Trade including its affiliates, must not exceed disqualify an applicant for assistance. Contractors; Engineering Services; the size standard for the industry in I 8. Revise § 121.305 heading to read as Architectural Services; Management which the applicant is primarily follows: Consulting Services; Hazardous and engaged. * * * * * § 121.305 What size eligibility Other Waste Collection; Remediation requirements exist for obtaining financial Services, Testing Laboratories; and (d) * * * assistance relating to particular Research and Development in the (1) Any construction (general or procurements? Physical, Engineering and Life Sciences. special trade) concern or concern * * * * * If any activity in the procurement can be performing a contract for services is I 9. Revise § 121.401 to read as follows: identified with a separate NAICS code, small if, together with its affiliates, its or component of a code with a separate average annual receipts does not exceed § 121.401 What procurement programs are distinct size standard, and that industry $6.0 million. subject to size determinations? accounts for 50 percent or more of the * * * * * The rules set forth in §§ 121.401 value of the entire procurement, then (e) The applicable size standards for through 121.413 apply to all Federal the proper size standard is the one for purposes of SBA’s financial assistance procurement programs for which status that particular industry, and not the programs, excluding the Surety Bond as a small business is required or Environmental Remediation Service size Guarantee assistance program, are advantageous, including the small standard. increased by 25% whenever the business set-aside program, SBA’s * * * * * applicant agrees to use all of the Certificate of Competency program, the 19. NAICS Sector 92—Small business financial assistance within a labor Very Small Business program, SBA’s size standards are not established for surplus area. Labor surplus areas are 8(a) Business Development program, this sector. Establishments in the Public listed monthly in the Department of SBA’s HUBZone program, the Small

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Business Subcontracting program, and negotiated acquisitions and final bid for be considered the end item the Federal Small Disadvantaged sealed bidding. manufacturer where those identical Business (SDB) program. (e) For subcontracting purposes, a modifications can be performed by and I 10. Amend § 121.402 by revising the concern must qualify as small as of the are available from the manufacturer of section heading and paragraph (a), and date that it certifies that it is small for the existing end item: by adding a new sentence to the end of the subcontract. The applicable size (i) SBA will evaluate the following paragraph (b) to read as follows: standard is that which is set forth in factors in determining whether a § 121.410 and which is in effect at the concern is the manufacturer of the end § 121.402 What size standards are time the concern self-certifies that it is item: applicable to Federal Government small for the subcontract. (A) * * * Contracting programs? (f) For purposes of two-step sealed (B) * * * (a) A concern must not exceed the bidding under subpart 14.5 of the FAR, (C) The concern’s technical size standard for the NAICS code 48 CFR, a concern must qualify as small capabilities; plant, facilities and specified in the solicitation. The as of the date that it certifies that it is equipment; production or assembly line contracting officer must specify the size small as part of its step one proposal. processes; packaging and boxing standard in effect on the date the (g) A concern that qualified as a small operations; labeling of products; and solicitation is issued. If SBA amends the business at the time it receives a product warranties. size standard and it becomes effective contract is considered a small business * * * * * before the date initial offers (including throughout the life of that contract. price) are due, the contracting officer Where a concern grows to be other than (ii) Firms that provide computer and may amend the solicitation and use the small, the procuring agency may other information technology equipment new size standard. exercise options and still count the primarily consisting of component parts (such as motherboards, video cards, (b) * * * Procurements for supplies award as an award to a small business. network cards, memory, power must be classified under the appropriate (h) A follow-on or renewal contract is supplies, storage devices, and similar manufacturing NAICS code, not under a new contracting action. As such, size items) who install components totaling the wholesale trade NAICS code. is determined as of the date the concern less than 50% of the value of the end * * * * * submits a written self-certification that it is small to the procuring agency as item are generally not considered the I 11. Revise § 121.404 to read as follows: part of its initial offer including price manufacturer of the end item. § 121.404 When does SBA determine the for the follow-on or renewal contract. * * * * * size status of a business concern? (i) At the time a novation or change- (e) These requirements do not apply of-name agreement has been executed (a) SBA determines the size status of to small business concern pursuant to FAR subpart 42.12, the new a concern, including its affiliates, as of subcontractors. entity must submit a written self- the date the concern submits a written I 13. In § 121.410, revise the certification that it is small to the self-certification that it is small to the introductory paragraph, and remove procuring agency so that the agency can procuring activity as part of its initial paragraphs (a), (b) and (c) to read as count the award, options, or orders offer (or other formal response to a follows: issued pursuant to the contract towards solicitation) which includes price. its small business goals. § 121.410 What are the size standards for Where an agency modifies a solicitation I 12. Amend § 121.406 by revising the SBA’s Section 8(d) Subcontracting so that initial offers are no longer Program? responsive to the solicitation, a concern heading; by revising paragraph (b)(1)(ii); For subcontracting purposes pursuant must recertify that it is a small business by revising the last sentence in paragraph to sections 8(d) of the Small Business at the time it submits a responsive offer, (b)(2) introductory text; by redesignating Act, a concern is small for subcontracts which includes price, to the modified paragraphs (b)(2)(i) and (b)(2)(ii) as which relate to Government solicitation. paragraphs (b)(2)(i)(A) and (b)(2)(i)(B); procurements if it does not exceed the (b) A concern applying to be certified by adding a new paragraph (b)(2)(i) introductory text; by removing the word size standard for the NAICS code that as a Participant in SBA’s 8(a) Business the prime contractor believes best Development program (under part 124, ‘‘and’’ at the end of newly redesignated paragraph (b)(2)(i)(A); by removing the describes the product or service being subpart A, of this chapter), as a small acquired by the subcontract. However, disadvantaged business (under part 124, ‘‘.’’ and adding ‘‘; and’’ at the end of newly redesignated paragraph subcontracts for engineering services subpart B, of this chapter), or as a awarded under the National Energy HUBZone small business (under part (b)(2)(i)(B); by adding a new paragraph (b)(2)(i)(C); by adding a new paragraph Policy Act of 1992 have the same size 126 of this chapter) must qualify as a standard as Military and Aerospace small business for its primary industry (b)(2)(ii); and by adding a new paragraph (e) to read as follows: Equipment and Military Weapons under classification as of the date of its NAICS 541213. application and the date of certification § 121.406 How does a small business I by SBA. concern qualify to provide manufactured 14. In § 121.411(a), remove the words (c) The size status of an applicant for products under small business set-aside or ‘‘SBA’s Procurement Automated Source a Certificate of Competency (COC) 8(a) contracts? System (PASS)’’ and add, in its place, the relating to an unrestricted procurement * * * * * words ‘‘the Central Contractor is determined as of the date of the (b) Nonmanufacturers. (1) * * * Registration (CCR).’’ concern’s application for the COC. (ii) Is primarily engaged in the retail I 15. Revise the undesignated center (d) Size status for purposes of or wholesale trade and normally sells heading before § 121.601 to read as compliance with the nonmanufacturer the type of item being supplied; and follows: rule set forth in § 121.406(b)(1) and the * * * * * Size Eligibility Requirements for the 8(a) ostensible subcontractor rule set forth in (2) * * * Firms that add substances, Business Development Program § 121.103(h)(4) is determined as of the parts, or components to an existing end date of the final proposal revision for item to modify its performance will not I 16. Revise § 121.601 to read as follows:

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§ 121.601 What is a small business for (i) Any offeror whom the contracting (8) In connection with initial or purposes of admission to SBA’s 8(a) officer has not eliminated for reasons continued eligibility for the HUBZone Business Development program? unrelated to size; program, the following may request a An applicant must not exceed the size * * * * * formal size determination: standard corresponding to its primary (2) * * * (i) The applicant or HUBZone industry classification in order to (i) Any offeror whom the contracting concern; or qualify for admission to SBA’s 8(a) officer has not eliminated for reasons (ii) The Associate Administrator for Business Development Program. unrelated to size; the HUBZone program, or designee. (9) For purposes of validating that § 121.602 [Amended] * * * * * firms listed in the Central Contractor (5) * * * Registration database are small, the I 17. In § 121.602 replace the acronym (i) Any offeror for the specific SDB Government Contracting Area Director ‘‘MED’’ in the heading and the text with requirement whom the contracting or the Associate Administrator for the phrase ‘‘8(a) BD.’’ officer has not eliminated for reasons Government Contracting may initiate a § 121.603 [Amended] unrelated to size; formal size determination when (ii) * * * sufficient information exists that calls I 18. In § 121.603 replace the acronym (iii) The responsible SBA Area into question a firm’s small business ‘‘MED’’ in the heading and in paragraphs Director for Government Contracting, status. The current date will be used to (a), (b) and (d) with the phrase ‘‘8(a) BD.’’ the SBA Associate Administrator for determine size, and SBA will initiate Government Contracting, or the SBA § 121.604 [Amended] the process to remove from the database Associate Administrator for 8(a) the small business designation of any I 19. In § 121.604 replace the acronym Business Development; firm found to be other than small. ‘‘MED’’ in the heading and the text with (6) * * * I 23. In § 121.1004, add new paragraphs the phrase ‘‘8(a) BD.’’ (i) Any concern that submits an offer (a)(4) and (a)(5), and add a new sentence I 20. Revise § 121.704 to read as follows: for a specific HUBZone set-aside at the end of paragraph (b) to read as procurement that the contracting officer follows: § 121.704 When does SBA determine the has not eliminated for reasons unrelated size status of a business concern? to size; § 121.1004 What time limits apply to size The size status of a concern for the * * * * * protests? purpose of a funding agreement under (7) For any unrestricted Government (a) * * * the SBIR program is determined as of procurement in which a business (4) Electronic notification of award. the date of the award for both Phase I concern has represented itself as a small Where notification of award is made and Phase II SBIR awards or on the date business concern, the following entities electronically, such as posting on the of the request for a size determination, may protest in connection with a Internet under Simplified Acquisition if an award is pending. particular procurement: Procedures, a protest must be received by the contracting officer before close of I * * * * * 21. In § 121.705, revise paragraph (a) to business on the fifth day, exclusive of (b)(1) * * * read as follows: Saturdays, Sundays, and legal holidays, (iii) The SBA Associate Administrator after the electronic posting. § 121.705 Must a business concern self- for Investment or designee may request (5) No notice of award. Where there certify its size status? a formal size determination for any is no requirement for written pre-award purpose relating to the SBIC program (a) A firm must self-certify that it notice or notice of award, or where the (see part 107 of this chapter) or the currently meets the eligibility contracting officer has failed to provide NMVC program (see part 108 of this requirements set forth in § 121.702 of written notification of award, the 5-day chapter). A formal size determination this title or will meet those eligibility protest period will commence upon oral includes a request to determine whether requirements on the date of award of a notification by the contracting officer or or not affiliation exists between two or funding agreement for a Phase I or Phase authorized representative or another more entities for any purpose relating to II SBIR award. means (such as public announcements the SBIC program. * * * * * or other oral communications) of the I 22. Amend § 121.1001 by revising * * * * * identity of the apparent successful paragraphs (a)(1) introductory text, (2) * * * offeror. (a)(1)(i), (a)(2)(i), (a)(5)(i) and (iii), (ii) * * * (b) * * * Notwithstanding paragraph (a)(6)(i), (a)(7) introductory text, and (B) The SBA program official with (e), for purposes of the SBIR program (b)(2)(ii)(B), and by adding new authority to execute the 8(a) contract or, the contracting officer and SBA may file paragraphs (b)(1)(iii), (b)(7), (b)(8), and where applicable, the procuring activity a protest in anticipation of award. (b)(9) as follows: contracting officer who has been * * * * * delegated SBA’s 8(a) contract execution I 24. Revise the first sentence of § 121.1001 Who may initiate a size protest functions; or § 121.1005 to read as follows: or request a formal size determination? * * * * * (a) Size Status Protests. (1) For SBA’s (7) In connection with initial or § 121.1005 How must a protest be filed Small Business Set-Aside Program, continued eligibility for the Small with the contracting officer? including the Property Sales Program, or Disadvantaged Business (SDB) program, A protest must be delivered to the any instance in which a procurement or the following may request a formal size contracting officer by hand, telegram, order has been restricted to or reserved determination: mail, facsimile, Federal Express or other for small business or a particular group (i) The applicant or SDB concern; or overnight delivery service, e-mail, or of small business, the following entities (ii) The Assistant Administrator of the telephone. * * * may file a size protest in connection Division of Program Certification and I 25. In § 121.1007, add a new sentence with a particular procurement, sale or Eligibility or the Associate at the end of paragraph (c) and the order: Administrator for 8(a)BD. following examples after paragraph (c):

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§ 121.1007 Must a protest of size status Business Size Determination, by (4) Once SBA has determined that a relate to a particular procurement and be certified mail, return receipt requested, concern is other than small for purposes specific? or by any overnight delivery service that of a particular procurement, the concern * * * * * provides proof of receipt. SBA will ask cannot later become eligible for the (c) * * * The following are examples the protested concern to complete the procurement by reducing its size. of allegation specificity: form and respond to the allegations in (5) A concern determined to be other Example 1: An allegation that concern X is the protest. than small under a particular size large because it employs more than 500 * * * * * standard is ineligible for any employees (where 500 employees is the (d) If a concern whose size status is procurement or any assistance applicable size standard) without setting at issue fails to submit a completed SBA authorized by the Small Business Act or forth a basis for the allegation is non-specific. Form 355, responses to the allegations the Small Business Investment Act of Example 2: An allegation that concern X is of the protest, or other requested 1958 which requires the same or a lower large because it exceeds the 500 employee size standard, unless SBA recertifies the size standard (where 500 employees is the information within the time allowed by SBA, or if it submits incomplete concern to be small pursuant to applicable size standard) because a higher § 121.1010 or OHA reverses the adverse employment figure was published in information, SBA may presume that publication Y is sufficiently specific. disclosure of the information required size determination. After an adverse size Example 3: An allegation that concern X is by the form or other missing determination, a concern cannot self- affiliated with concern Y without setting information would demonstrate that the certify as small under the same or lower forth any basis for the allegation is non- concern is other than a small business. size standard unless it is first recertified specific. A concern whose size status is at issue as small by SBA. If a concern does so, Example 4: An allegation that concern X is must furnish information about its it may be in violation of criminal laws, affiliated with concern Y because Mr. A is including section 16(d) of the Small alleged affiliates to SBA, despite any the majority shareholder in both concerns is Business Act, 15 U.S.C. 645(d). If the third party claims of privacy or sufficiently specific. concern has already certified itself as confidentiality, because SBA will not Example 5: An allegation that concern X small on a pending procurement or on has revenues in excess of $5 million (where disclose information obtained in the an application for SBA assistance, the $5 million is the applicable size standard) course of a size determination except as concern must immediately inform the without setting forth a basis for the allegation permitted by Federal law. officials responsible for the pending is non-specific. I Example 6: An allegation that concern X 27. In § 121.1009, revise paragraphs (b) procurement or requested assistance of exceeds the size standard (where the and (g) to read as follows: the adverse size determination. applicable size standard is $5 million) § 121.1009 What are the procedures for * * * * * because it received Government contracts in making the size determination? I excess of $5 million last year is sufficiently 28. Revise § 121.1101 to read as specific. * * * * * follows: (b) Basis for determination. The size I 26. In § 121.1008, revise the heading § 121.1101 Are formal size determinations determination will be based primarily subject to appeal? and paragraphs (a) and (d) to read as on the information supplied by the (a) Appeals from formal size follows: protestor or the entity requesting the determinations may be made to OHA. size determination and that provided by § 121.1008 What occurs after SBA receives Unless an appeal is made to OHA, the the concern whose size status is at issue. a size protest or request for a formal size size determination made by a SBA determination? The determination, however, may also Government Contracting Area Office or be based on grounds not raised in the (a) When SBA receives a size protest, Disaster Area Office is the final decision protest or request for size determination. the SBA Area Director for Government of the agency. The procedures for SBA may use other information and Contracting, or designee, will notify the appealing a formal size determination to may make requests for additional contracting officer, the protested OHA are set forth in part 134 of this information to the protestor, the concern concern, and the protestor that the chapter. The OHA appeal is an whose size status is at issue and any protest has been received. If the protest administrative remedy that must be alleged affiliates, or other parties. pertains to a requirement involving exhausted before judicial review of a SBA’s HUBZone program, the Area * * * * * formal size determination may be Director will also notify the AA/HUB of (g) Results of an SBA Size sought in a court. the protest. If the protest pertains to a Determination. (b) OHA will not review a formal size requirement involving SBA’s SBIR (1) A formal size determination determination where the contract has Program, the Area Director will also becomes effective immediately and been awarded and the issue(s) raised in notify the Assistant Administrator for remains in full force and effect unless a petition for review are contract Technology. If the protest involves the and until reversed by OHA. specific, such as compliance with the size status of a concern that SBA has (2) A contracting officer may award a nonmanufacturer rule (see § 121.406(b)), certified as a small disadvantaged contract based on SBA’s formal size or joint venture or ostensible business (SDB) (see part 124, subpart B determination. subcontractor rule (see § 121.103(h)). of this chapter) the Area Director will (3) If the formal size determination is I 29. Revise § 121.1103 to read as notify SBA’s AA/8(a) BD. If the protest appealed to OHA, the OHA decision on follows: pertains to a requirement that has been appeal will apply to the pending reserved for competition among eligible procurement or sale if the decision is § 121.1103 What are the procedures for 8(a) BD program participants, the Area received before award. OHA decisions appealing a NAICS code designation? Director will notify the SBA district received after contract award will not (a) Any interested party adversely office servicing the 8(a) concern whose apply to that procurement or sale, but affected by a NAICS code designation size status has been protested. SBA will will have future effect, unless the may appeal the designation to OHA. provide a copy of the protest to the contracting officer agrees to apply the The only exception is that, for a sole protested concern together with SBA OHA decision to the procurement or source contract reserved under SBA’s Form 355, Application for Small sale. 8(a) Business Development program (see

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part 124 of this chapter), only SBA’s I 30. Revise § 121.1205 to read as Authority: 15 U.S.C. 634(b)(6), 637 and Associate Administrator for 8(a) follows: 644; 31 U.S.C. 9701, 9702. Business Development may appeal the I 36. Revise § 125.6(g) to read as follows: NAICS code designation. § 121.1205 How is a list of previously (b) The contracting officer’s granted class waivers obtained? § 125.6 Prime contractor performance determination of the applicable NAICS A list of classes of products for which requirements (limitations on code is final unless appealed as follows: waivers of the Nonmanufacturer Rule subcontracting). (1) An appeal from a contracting have been granted is maintained in * * * * * officer’s NAICS code designation and SBA’s Web site at www.sba.gov/GC/ (g) Where an offeror is exempt from applicable size standard must be served approved.html. A list of such waivers affiliation under § 121.103(h)(3) of this and filed within 10 calendar days after may also be obtained by contacting the chapter and qualifies as a small business the issuance of the initial solicitation. Office of Government Contracting, U.S. concern, the performance of work OHA will summarily dismiss an Small Business Administration, 409 3rd requirements set forth in this section untimely NAICS code appeal. Street, SW., Washington, DC 20416, or apply to the cooperative effort of the (2)(i) The appeal petition must be in the nearest SBA Government joint venture, not its individual writing and must be sent to the Office Contracting Area Office. members. of Hearings & Appeals, U.S. Small Business Administration, 409 3rd Street, PART 124—8(A) BUSINESS PART 134—RULES OF PROCEDURE SW., Suite 5900, Washington, DC 20416. DEVELOPMENT/SMALL GOVERNING CASES BEFORE THE (ii) There is no required format for a DISADVANTAGED BUSINESS STATUS OFFICE OF HEARINGS AND APPEALS NAICS code appeal, but an appeal must DETERMINATIONS include the following information: the I 37. The authority citation for 13 CFR solicitation or contract number; the I 31. The authority citation for 13 CFR part 134 continues to read as follows: part 124 is revised to read as follows: name, address, and telephone number of Authority: 5 U.S.C. 504; 15 U.S.C. 632, the contracting officer; a full and Authority: 15 U.S.C. 634(b)(6), 636(j), 634(b)(6), 637(a), 648(l), 656(i), and 687(c); specific statement as to why the NAICS 637(a), 637(d) and Pub. L. 99–661, Pub. L. E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., code designation is erroneous, and 100–656, sec. 1207, Pub. L. 101–37, Pub. L. p. 189. 101–574, and 42 U.S.C. 9815. argument in support thereof; and the I 38. Revise the definition of ‘‘size name, address and telephone number of I 32. Revise § 124.513(a)(1) to read as determination’’ in § 134.101 as follows: the appellant or its attorney. follows: (3) The appellant must serve the § 134.101 Definitions. appeal petition upon the contracting § 124.513 Under what circumstances can a * * * * * joint venture be awarded an 8(a) contract? officer who assigned the NAICS code to Size determination means a formal the acquisition and SBA’s Office of (a) General. (1) If approved by SBA, a size determination made by an Area General Counsel, Associate General Participant may enter into a joint Office and includes decisions by Counsel for Procurement Law, 409 3rd venture agreement with one or more Government Contracting Area Directors Street, SW., Washington, DC 20416. other small business concerns, whether that determine whether two or more (4) Upon receipt of a NAICS code or not 8(a) Participants, for the purpose concerns are affiliated for purposes of appeal, OHA will notify the contracting of performing one or more specific 8(a) SBA’s financial assistance programs, or officer by notice and order of the date contracts. other programs for which an appropriate OHA received the appeal, the docket * * * * * SBA official requested an affiliation number, and the Judge assigned to the I 33. Revise § 124.520(d)(1) to read as determination. case. The contracting officer’s response follows: I to the appeal must include argument 39. Revise § 134.102(k) to read as and supporting evidence (see part 134, § 124.520 Mentor/prote´ge´ program. follows: subpart C, of this chapter) and must be * * * * * § 134.102 Jurisdiction of OHA. received by OHA within 10 calendar ´ ´ (d) Benefits. (1) A mentor and protege * * * * * days from the date of the docketing may joint venture as a small business for (k) Appeals from size determinations notice and order, unless otherwise any government procurement, including and NAICS code designations under specified by the Judge. Upon receipt of procurements with a dollar value less part 121 of this chapter. ‘‘Size OHA’s docketing notice and order, the than half the size standard determinations’’ include decisions by contracting officer must immediately corresponding to the assigned NAICS Government Contracting Area Directors send to OHA a copy of the solicitation code and 8(a) sole source contracts, that determine whether two or more relating to the NAICS code appeal. provided the prote´ge´ qualifies as small concerns are affiliated for purposes of (5) After close of the record, OHA will for the procurement and, for purposes of SBA’s financial assistance programs, or issue a decision and inform all 8(a) sole source requirements, the other programs for which an appropriate interested parties, including the prote´ge´ has not reached the dollar limit SBA official requested an affiliation appellant and contracting officer. If set forth in § 124.519. determination; OHA’s decision is received by the * * * * * contracting officer before the date offers * * * * * I 34. Amend § 124.1002(f)(3), by are due, the solicitation must be I removing ‘‘13 CFR 121.103(f)(3)’’ and by 40. Revise § 134.305(c) as follows: amended if the contracting officer’s adding, in its place, ‘‘13 CFR designation of the NAICS code is § 134.305 The appeal petition. 121.103(h)(3)’’. reversed. If OHA’s decision is received * * * * * by the contracting officer after the due PART 125—GOVERNMENT (c) Service of NAICS appeals. The date of initial offers, the decision will CONTRACTING PROGRAMS appellant must serve the contracting not apply to the pending procurement, officer who made the NAICS code but will apply to future solicitations for I 35. The authority citation for 13 CFR designation and SBA’s Office of General the same products or services. part 125 continues to read as follows: Counsel, Associate General Counsel for

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Procurement Law, 409 3rd Street, SW., ADDRESSES: The service information of the required inspection on U.S. Washington, DC 20416. referenced in this AD may be obtained operators is estimated to be $65. * * * * * from Boeing Commercial Airplanes, The cost impact figure discussed I 41. In § 134.314, revise the heading Long Beach Division, 3855 Lakewood above is based on assumptions that no and add the following sentence at the Boulevard, Long Beach, California operator has yet accomplished any of end to read as follows: 90846, Attention: Data and Service the requirements of this AD action, and Management, Dept. C1–L5A (D800– that no operator would accomplish § 134.314 Standard of review and burden 0024). This information may be of proof. those actions in the future if this AD examined at the Federal Aviation were not adopted. The cost impact * * * The appellant has the burden Administration (FAA), Transport figures discussed in AD rulemaking of proof, by a preponderance of the Airplane Directorate, Rules Docket, actions represent only the time evidence, in both size and NAICS code 1601 Lind Avenue, SW., Renton, necessary to perform the specific actions appeals. Washington; or at the FAA, Los Angeles actually required by the AD. These I 42. Revise § 134.316(a) by adding the Aircraft Certification Office, 3960 figures typically do not include following sentence at the end to read as Paramount Boulevard, Lakewood, incidental costs, such as the time California; or at the National Archives follows: required to gain access and close up, and Records Administration (NARA). planning time, or time necessitated by § 134.316 The decision. For information on the availability of other administrative actions. (a) * * * The Judge will not decide this material at NARA, call (202) 741– substantive issues raised for the first 6030, or go to: http://www.archives.gov/ Regulatory Impact time on appeal, or which have been federal_register/ abandoned or become moot. code_of_federal_regulations/ The regulations adopted herein will * * * * * ibr_locations.html. not have a substantial direct effect on the States, on the relationship between Dated: April 28, 2004. FOR FURTHER INFORMATION CONTACT: the national Government and the States, Hector V. Barreto, Natalie Phan-Tran, Aerospace Engineer, or on the distribution of power and Administrator. Systems and Equipment Branch, ANM– responsibilities among the various 130L, FAA, Los Angeles Aircraft [FR Doc. 04–10066 Filed 5–20–04; 8:45 am] levels of government. Therefore, it is Certification Office, 3960 Paramount BILLING CODE 8025–01–P determined that this final rule does not Boulevard, Lakewood, California have federalism implications under 90712–4137; telephone (562) 627–5343; Executive Order 13132. DEPARTMENT OF TRANSPORTATION fax (562) 627–5210. SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I Federal Aviation Administration proposal to amend part 39 of the Federal certify that this action (1) is not a Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under 14 CFR Part 39 include an airworthiness directive (AD) Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT [Docket No. 2002–NM–237–AD; Amendment that is applicable to a certain McDonnell 39–13642; AD 2004–10–12] Douglas Model DC–10–30 airplane was Regulatory Policies and Procedures (44 published in the Federal Register on FR 11034, February 26, 1979); and (3) RIN 2120–AA64 March 5, 2004 (69 FR 10366). That will not have a significant economic action proposed to require an inspection impact, positive or negative, on a Airworthiness Directives; McDonnell substantial number of small entities Douglas Model DC–10–30 Airplane of the power feeder cable assembly of the auxiliary power unit (APU) for under the criteria of the Regulatory AGENCY: Federal Aviation chafing, correct type of clamps, and Flexibility Act. A final evaluation has Administration, DOT. proper clamp installation; and been prepared for this action and it is ACTION: Final rule. corrective actions, if necessary. contained in the Rules Docket. A copy of it may be obtained from the Rules SUMMARY: This amendment adopts a Comments Docket at the location provided under new airworthiness directive (AD), Interested persons have been afforded the caption ADDRESSES. applicable to a certain McDonnell an opportunity to participate in the List of Subjects in 14 CFR Part 39 Douglas Model DC–10–30 airplane, that making of this amendment. No requires an inspection of the power comments were submitted in response Air transportation, Aircraft, Aviation feeder cable assembly of the auxiliary to the proposal or the FAA’s safety, Incorporation by reference, power unit (APU) for chafing, correct determination of the cost to the public. Safety. type of clamps, and proper clamp installation; and corrective actions, if Conclusion Adoption of the Amendment necessary. This action is necessary to The FAA has determined that air prevent the loss of the APU generator safety and the public interest require the I Accordingly, pursuant to the authority due to chafing of the generator power adoption of the rule as proposed. delegated to me by the Administrator, feeder cables, and consequent electrical the Federal Aviation Administration arcing and smoke/fire in the APU Cost Impact amends part 39 of the Federal Aviation compartment. This action is intended to The FAA estimates that 1 Model DC– Regulations (14 CFR part 39) as follows: address the identified unsafe condition. 10–30 airplane, having fuselage number PART 39—AIRWORTHINESS DATES: Effective June 25, 2004. 0106, of U.S. registry will be affected by The incorporation by reference of a this AD, that it will take approximately DIRECTIVES certain publication listed in the 1 work hour per airplane to accomplish I regulations is approved by the Director the required inspection, and that the 1. The authority citation for part 39 of the Federal Register as of June 25, average labor rate is $65 per work hour. continues to read as follows: 2004. Based on these figures, the cost impact Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] 12539, is acceptable for compliance with the and TIO–541 series engines). That AD requirements of this AD. currently requires inspection of the I 2. Section 39.13 is amended by adding crankshaft gear installation and rework the following new airworthiness Alternative Methods of Compliance or replacement of the gears where directive: (d) In accordance with 14 CFR 39.19, the Manager, Los Angeles Aircraft Certification necessary after a propeller strike, 2004–10–12 McDonnell Douglas: Office, FAA, is authorized to approve sudden stoppage, at overhaul, or Amendment 39–13642. Docket 2002– alternative methods of compliance for this whenever gear train repair is required. NM–237–AD. AD. This AD requires the same actions but Applicability: Model DC–10–30 airplane, Incorporation by Reference makes the correction that the existing fuselage number 0106; certificated in any gear retaining bolt and lockplate be category. (e) Unless otherwise specified in this AD, removed from service and new Compliance: Required as indicated, unless the actions shall be done in accordance with accomplished previously. Boeing Alert Service Bulletin DC10–24A137, hardware installed, and revises the To prevent the loss of the auxiliary power Revision 02, dated October 15, 2001. This definitions for sudden stoppage and unit (APU) generator due to chafing of the incorporation by reference was approved by propeller strike. This AD results from a generator power feeder cables, and the Director of the Federal Register in change to the definition of a propeller consequent electrical arcing and smoke/fire accordance with 5 U.S.C. 552(a) and 1 CFR strike or sudden stoppage. We are in the APU compartment, accomplish the part 51. Copies may be obtained from Boeing issuing this AD to prevent loosening or following: Commercial Airplanes, Long Beach Division, failure of the crankshaft gear retaining Inspection and Corrective Action(s), if 3855 Lakewood Boulevard, Long Beach, bolt, which may cause sudden engine Necessary California 90846, Attention: Data and Service failure. Management, Dept. C1–L5A (D800–0024). (a) Within 12 months after the effective Copies may be inspected at the FAA, DATES: This AD becomes effective June date of this AD, do a general visual Transport Airplane Directorate, 1601 Lind 25, 2004. The Director of the Federal inspection of the power feeder cable Avenue, SW., Renton, Washington; or at the Register approved the incorporation by assembly of the APU for chafing, correct type FAA, Los Angeles Aircraft Certification (including part number) of clamps, and reference of certain publications listed Office, 3960 Paramount Boulevard, in the regulations as of June 25, 2004. proper clamp installation, per Boeing Alert Lakewood, California; or at the National Service Bulletin DC10–24A137, Revision 02, Archives and Records Administration ADDRESSES: You can get the service dated October 15, 2001. (NARA). For information on the availability information identified in this AD from Note 1: For the purposes of this AD, a of this material at NARA, call (202) 741– Lycoming Engines, 652 Oliver Street, general visual inspection is defined as: ‘‘A 6030, or go to: http://www.archives.gov/ Williamsport, PA 17701, U.S.A.; visual examination of an interior or exterior federal_register/code_of_federal_regulations/ telephone (570) 323–6181; fax (570) _ area, installation, or assembly to detect ibr locations.html. 327–7101 or from the Lycoming Web obvious damage, failure, or irregularity. This site: level of inspection is made from within Effective Date touching distance unless otherwise specified. (f) This amendment becomes effective on www.lycoming.textron.com.main.jsp. A mirror may be necessary to enhance visual June 25, 2004. You may examine the AD docket at the FAA, New England Region, Office of access to all exposed surfaces in the Issued in Renton, Washington, on May 10, inspection area. This level of inspection is 2004. the Regional Counsel, 12 New England made under normally available lighting Executive Park, Burlington, MA. You Kalene C. Yanamura, conditions such as daylight, hangar lighting, may examine the service information at flashlight, or droplight and may require Acting Manager, Transport Airplane the FAA, New England Region, Office of Directorate, Aircraft Certification Service. removal or opening of access panels or doors. the Regional Counsel, 12 New England Stands, ladders, or platforms may be required [FR Doc. 04–11284 Filed 5–20–04; 8:45 am] Executive Park, Burlington, MA; or at to gain proximity to the area being checked.’’ BILLING CODE 4910–13–P the National Archives and Records (1) Condition 1. If no signs of wire chafing Administration (NARA). For are found, and all clamps are of the correct information on the availability of this type (including the correct part number) and DEPARTMENT OF TRANSPORTATION are installed properly, no further action is material at NARA, call 202–741–6030, required by this AD. Federal Aviation Administration or go to: http://www.archives.gov/ (2) Condition 2. If any wire chafing, federal_register/ _ _ _ incorrect type of any clamp (including 14 CFR Part 39 code of federal regulations/ incorrect part number), or improper clamp ibr_locations.html. installation is found, before further flight, do [Docket No. 89–ANE–10–AD; Amendment the applicable corrective action(s) (e.g., 39–13644; AD 2004–10–14] FOR FURTHER INFORMATION CONTACT: repair, replace, and modify discrepant part) Norm Perenson, Aerospace Engineer, per the Accomplishment Instructions of the RIN 2120–AA64 New York Aircraft Certification Office, service bulletin. FAA, 1600 Stewart Avenue, Suite 410, Airworthiness Directives; Lycoming Actions Accomplished per Previous Issues of Westbury, NY 11590; telephone (516) Engines (Formerly Textron Lycoming), 228–7337; fax (516) 794–5531. Service Bulletin Direct-Drive Reciprocating Engines (b) Accomplishment of the inspection and SUPPLEMENTARY INFORMATION: The FAA any applicable corrective actions, per Boeing AGENCY: Federal Aviation proposed to amend 14 CFR Part 39, by Service Bulletin DC10–24–137, dated Administration (FAA), DOT. superseding an AD with a proposed September 15, 1987; or Boeing Alert Service ACTION: Final rule. airworthiness directive (AD). The Bulletin DC10–24A137, Revision 01, dated proposed AD applies to Lycoming May 31, 2001; before the effective date of this SUMMARY: The FAA is adopting a new Engines direct-drive reciprocating AD, is considered acceptable for compliance airworthiness directive (AD) that engines (except O–145, O–320H, O– with the requirements of this AD. supersedes an existing AD, for 360E, LO–360E, LTO–360E, O–435, and Accomplishment of the Actions per AD Lycoming Engines (formerly Textron TIO–541 series engines). We published 2001–24–22 Lycoming), direct-drive reciprocating the proposed AD in the Federal Register (c) Accomplishment of the actions engines (except O–145, O–320H, on March 25, 2003 (68 FR 14350). That specified in AD 2001–24–22, amendment 39– O–360E, LO–360E, LTO–360E, O–435, action proposed to require inspection of

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the crankshaft gear installation and The FAA does not agree. The wording Include ‘‘AD Docket No. 89–ANE–10– rework or replacement of the gears in this AD is designed to assist the AD’’ in your request. where necessary after a propeller strike, mechanics when deciding on what List of Subjects in 14 CFR Part 39 sudden stoppage, at overhaul, or action to take in a given situation. Based whenever gear train repair is required. on Lycoming’s engine design knowledge Air transportation, Aircraft, Aviation That action also proposed to revise the and worldwide service experience, safety, Incorporation by reference, definitions for sudden stoppage and certain situations are known to have Safety. propeller strike. caused engine problems. This AD is not Adoption of the Amendment designed to ‘‘tie the hands of the Comments mechanic’’. The AD is intended to help I Accordingly, under the authority We provided the public the the pilot in command and maintenance delegated to me by the Administrator, opportunity to participate in the personnel make the best possible the Federal Aviation Administration development of this AD. We have maintenance decision. amends 14 CFR part 39 as follows: considered the comments received. Correction to the Compliance PART 39—AIRWORTHINESS Provide a Trigger Level for Action As a correction to the compliance, we DIRECTIVES added paragraphs to require the existing One commenter requests that the I 1. The authority citation for part 39 gear retaining bolt and lockplate be proposed AD should provide a trigger continues to read as follows: level to alert maintenance personnel of removed from service and a new bolt the need for action. The commenter and lockplate be installed, and to Authority: 49 U.S.C. 106(g), 40113, 44701. states that this is required to avoid prohibit installation of the removed § 39.13 [Amended] having maintenance personnel hardware into any engine. This I determine the need for action. Also, this correction places the AD in agreement 2. The FAA amends § 39.13 by would avoid miscommunication with the referenced SB. removing Amendment 39–6916 (56 FR 33205, July 19, 1991), and by adding the between the pilot and the maintenance Conclusion personnel. The commenter also states following new airworthiness directive that the proposed AD is too general for We have carefully reviewed the (AD): proper action in the field. available data, including the comments 2004–10–14 Lycoming Engines (formerly The FAA does not agree. Section received, and determined that air safety Textron Lycoming): Amendment 39– 91.7(b) of the Code of Federal and the public interest require adopting 13644. Docket No. 89–ANE–10–AD. the AD with the changes described Supersedes AD 91–14–22, Amendment Regulations (14 CFR 91.7(b)) states: 39–6916. ‘‘The pilot in command of a civil aircraft previously. We have determined that is responsible for determining whether these changes will neither increase the Effective Date that aircraft is in condition for safe economic burden on any operator nor (a) This AD becomes effective June 25, flight.’’ The pilot must advise the increase the scope of the AD. The 2004. maintenance technician and inspector assigned paragraph letters in the Affected ADs regulatory section have been changed of the need to perform maintenance. It (b) This AD supersedes AD 91–14–22. is also the responsibility of the from what appeared in the proposal, as maintenance technician and or we are continuing our introduction of Applicability inspector to advise the pilot when an plain language into our documents. (c) This AD applies to Lycoming Engines (formerly Textron Lycoming), direct-drive unsafe condition is found during Regulatory Findings routine maintenance. The actions reciprocating engines (except O–145, O– We have determined that this AD will 320H, O–360E, LO–360E, LTO–360E, O–435, required by this AD, like many other and TIO–541 series engines). situations in aviation, may require some not have federalism implications under judgment on the part of the pilot, Executive Order 13132. This AD will Unsafe Condition maintenance technician, and or not have a substantial direct effect on (d) This AD results from a change to the inspector, as well as good the States, on the relationship between definition of a propeller strike or sudden communication among all parties. the national government and the States, stoppage. The actions specified in this AD Adding additional conditions will only or on the distribution of power and are intended to prevent loosening or failure responsibilities among the various of the crankshaft gear retaining bolt, which require more judgment and more may cause sudden engine failure. decisions by all parties involved. levels of government. For the reasons discussed above, I Compliance AD as Written Will Require Unneeded certify that this AD: (e) Compliance with this AD is required as Inspections (1) Is not a ‘‘significant regulatory indicated before further flight if the engine One commenter states that the action’’ under Executive Order 12866; has experienced a propeller strike as defined proposed AD would require unneeded (2) Is not a ‘‘significant rule’’ under in paragraphs (i) and (j) of this AD, unless DOT Regulatory Policies and Procedures already done. inspections by ‘‘tying the hands’’ of (f) Inspect, and if necessary repair, the knowledgeable mechanics. The (44 FR 11034, February 26, 1979); and crankshaft counter bored recess, the commenter also states that the final (3) Will not have a significant alignment dowel, the bolt hole threads, and determination regarding needed economic impact, positive or negative, the crankshaft gear for wear, galling, inspections should be made by the on a substantial number of small entities corrosion, and fretting in accordance with maintenance personnel in the field. The under the criteria of the Regulatory steps 1 through 5 of Lycoming Mandatory commenter further states that the Flexibility Act. Service Bulletin (MSB) No. 475C, dated mechanics are in the best position to We prepared a summary of the costs January 30, 2003. (g) Remove the existing gear retaining bolt evaluate the factors surrounding each to comply with this AD and placed it in and lockplate from service, and install a new incident, and to determine which the AD Docket. You may get a copy of bolt and lockplate, in accordance with steps engine components should be this summary by sending a request to us 6 and 7 of Lycoming MSB No. 475C, dated inspected. at the address listed under ADDRESSES. January 30, 2003.

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Prohibition of Retaining Bolt and Lockplate DEPARTMENT OF TRANSPORATION SUPPLEMENTARY INFORMATION: (h) Do not install the gear retaining bolt Discussion and lockplate that were removed in Federal Aviation Administration paragraph (g) of this AD, into any engine. What events have caused this AD? 14 CFR Part 39 The GTX 330/GTX 330D may detect Definition of Propeller Strike from other aircraft the S1 (suppression) (i) For the purposes of this AD, a propeller [Docket No. 2003–CE–39–AD; Amendment 39–13645; AD 2004–10–15] interrogating pulse below the MTL and, strike is defined as follows: in some circumstances, does not reply. (1) Any incident, whether or not the engine RIN 2120–AA64 The GTX 330/330D should still reply is operating, that requires repair to the even if it detects S1 interrogating pulses propeller other than minor dressing of the Airworthiness Directives; GARMIN below the MTL. GARMIN International blades. International Inc. GTX 330 Mode S Inc. suspected the suppression problem (2) Any incident during engine operation Transponders and GTX 330D Diversity after observation between GARMIN in which the propeller impacts a solid object Mode S Transponders that causes a drop in revolutions per minute company aircraft that were equipped (RPM) and also requires structural repair of AGENCY: Federal Aviation with the GTX 330 and Ryan Traffic and the propeller (incidents requiring only paint Administration (FAA), DOT. Collision Alert Device (TCAD). touch-up are not included). This is not ACTION: Final rule. Engineering bench tests and test flights restricted to propeller strikes against the confirmed that this suppression ground. SUMMARY: The FAA adopts a new problem existed. (3) A sudden RPM drop while impacting airworthiness directive (AD) for certain What is the potential impact if FAA water, tall grass, or similar yielding medium, GARMIN International Inc. GTX 330/ took no action? Interrogating aircraft where propeller damage is not normally GTX 330D Mode S transponders that are could possibly receive inaccurate incurred. installed on aircraft. This AD requires replies due to suppression from aircraft (j) The preceding definitions include you to install GTX 330/330D Software equipped with the GTX 330/330D Mode situations where an aircraft is stationary and Upgrade Version 3.03, 3.04, or 3.05. S Transponders when the pulses are the landing gear collapses causing one or This AD is the result of observations below the MTL. The inaccurate replies more blades to be substantially bent, or that the GTX 330 and GTX 330D may could result in reduced vertical where a hanger door (or other object) strikes detect, from other aircraft, the S1 separation or unsafe TCAS resolution the propeller blade. These cases should be (suppression) interrogating pulse below advisories. handled as sudden stoppages because of the Minimum Trigger Level (MTL) and, Has FAA taken any action to this potentially severe side loading on the point? We issued a proposal to amend crankshaft flange, front bearing, and seal. in some circumstances, not reply. The GTX 330/330D should still reply even if part 39 of the Federal Aviation Alternative Methods of Compliance it detects S1 interrogating pulses below Regulations (14 CFR part 39) to include (k) The Manager, New York Aircraft the MTL. We are issuing this AD to an AD that would apply to certain Certification Office, has the authority to prevent interrogating aircraft from GARMIN International Inc. GTX 330/ approve alternative methods of compliance possibly receiving inaccurate replies 330D Mode S transponders that are for this AD if requested using the procedures due to suppression from aircraft installed on aircraft. This proposal was found in 14 CFR 39.19. equipped with the GTX 330/330D Mode published in the Federal Register as a Material Incorporated by Reference S Transponders when the pulses are notice of proposed rulemaking (NPRM) below the MTL. The inaccurrate replies on December 30, 2003 (68 FR 75174). (l) You must use Lycoming MSB No. 475C, The NPRM proposed to require you to dated January 30, 2003, to perform the could result in reduced vertical install GTX 330/330D Software Upgrade inspections and repairs required by this AD. separation or unsafe TCAS resolution The Director of the Federal Register approved advisories. Version 3.03. the incorporation by reference of this service DATES: This AD becomes effective on Comments bulletin in accordance with 5 U.S.C. 552(a) July 9, 2004. and 1 CFR part 51. You can get a copy from Was the public invited to comment? As of July 9, 2004, the Director of the We provided the public the opportunity Lycoming Engines, 652 Oliver Street, Federal Register approved the Williamsport, PA 17701, U.S.A; telephone to participate in developing this AD. incorporation by reference of certain The following presents the comments (570) 323–6181; fax (570) 327–7101. You can publications listed in the regulation. review copies at the FAA, New England received on the proposal and FAA’s Region, Office of the Regional Counsel, 12 ADDRESSES: You may get the service response to each comment: New England Executive Park, Burlington, information identified in this AD from MA; or at the National Archives and Records GARMIN International Inc., 1200 East Comment Issue: GTX 330/330D Administration (NARA). For information on 151st Street, Olathe, KS 66062, (913) Software Upgrade Version 3.03 the availability of this material at NARA, call 397–8200. What is the commenter’s concern? 202–741–6030, or go to: http:// You may view the AD docket at FAA, The NPRM currently requires www.archives.gov/federal_register/ Central Region, Office of the Regional installation of GTX 330/330D Software code_of_federal_regulations/ Counsel, Attention: Rules Docket No. _ Upgrade to Version 3.03 to comply with ibr locations.html. 2003–CE–39–AD, 901 Locust, Room the proposed AD. Two commenters Related Information 506, Kansas City, Missouri 64106. Office request a text change of the AD to allow hours are 8 a.m. to 4 p.m., Monday (m) None. installation of later software upgrade through Friday, except Federal holidays. versions to comply with the proposed Issued in Burlington, Massachusetts, on FOR FURTHER INFORMATION CONTACT: AD. May 12, 2004. Roger A. Souter, FAA, Wichita Aircraft What is FAA’s response to the Peter A. White, Certification Office (ACO), 1801 Airport concern? Since later software upgrade Acting Manager, Engine and Propeller Road, Room 100, Wichita, Kansas versions will contain, at a minimum, the Directorate, Aircraft Certification Service. 67209; telephone: 316–946–4134; elements of Version 3.03 and thus will [FR Doc. 04–11406 Filed 5–20–04; 8:45 am] facsimile: 316–946–4107; e-mail correct the unsafe condition, we agree BILLING CODE 4910–13–P address: [email protected]. with their request and have changed the

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text from ‘‘Version 3.03’’ to ‘‘Version Procedures stating that the most current We prepared a summary of the costs 3.03, 3.04, or 3.05.’’ software, which includes this update to comply with this AD and placed it in and all other updates, should be the AD Docket. You may get a copy of Conclusion installed. this summary by sending a request to us What is FAA’s final determination on at the address listed under ADDRESSES Compliance Time of This AD . this issue? We have carefully reviewed Include ‘‘AD Docket No. 2003–CE–39– the available data and determined that What will be the compliance time of AD’’ in your request. air safety and the public interest require this AD? The compliance time of this adopting the AD as proposed except for AD is within 30 days after the effective List of Subjects in 14 CFR Part 39 the changes discussed above and minor date of the AD. Air transportation, Aircraft, Aviation Why is the compliance time presented editorial corrections. We have safety, Incorporation by reference, determined that these changes and in calendar time instead of hours time- Safety. minor corrections: in-service (TIS)? The unsafe condition —Are consistent with the intent that exists or could develop on airplanes Adoption of the Amendment was proposed in the NPRM for equipped with the affected equipment correcting the unsafe condition; and regardless of airplane operation. For I Accordingly, under the authority —Do not add any additional burden example, the unsafe condition has the delegated to me by the Administrator, upon the public than was already same chance of occurring on an airplane the Federal Aviation Administration proposed in the NPRM. with 50 hours TIS as it does on one with amends part 39 of the Federal Aviation 5,000 hours TIS. Therefore, we are Regulations (14 CFR part 39) as follows: Changes to 14 CFR Part 39—Effect on presenting the compliance time of this the AD AD in calendar time instead of hours PART 39—AIRWORTHINESS How does the revision to 14 CFR part TIS. DIRECTIVES 39 affect this AD? On July 10, 2002, the FAA published a new version of 14 CFR Regulatory Findings I 1. The authority citation for part 39 part 39 (67 FR 47997, July 22, 2002), Will this AD impact various entities? continues to read as follows: which governs the FAA’s AD system. We have determined that this AD will Authority: 49 U.S.C. 106(g), 40113, 44701. This regulation now includes material not have federalism implications under that relates to altered products, special Executive Order 13132. This AD will § 39.13 [Amended] flight permits, and alternative methods not have a substantial direct effect on I 2. FAA amends § 39.13 by adding a of compliance. This material previously the States, on the relationship between new AD to read as follows: was included in each individual AD. the national government and the States, Since this material is included in 14 or on the distribution of power and 2004–10–15 Garmin International Inc.: CFR part 39, we will not include it in responsibilities among the various Amendment 39–13645; Docket No. 2003–CE–39–AD. future AD actions. levels of government. Will this AD involve a significant rule When Does This AD Become Effective? Cost of Compliance or regulatory action? For the reasons (a) This AD becomes effective on July 9, How many airplanes does this AD discussed above, I certify that this AD: 2004. impact? We estimate that this AD affects 1. Is not a ‘‘significant regulatory 1,300 airplanes in the U.S. registry. action’’ under Executive Order 12866; What Other ADs Are Affected by This Action? What is the cost impact of this AD on 2. Is not a ‘‘significant rule’’ under the owners/operators of the affected DOT Regulatory Policies and Procedures (b) None. airplanes? Garmin International Inc. (44 FR 11034, February 26, 1979); and What Airplanes Are Affected by This AD? will reimburse the 1.0 hours required 3. Will not have a significant (c) This AD affects GARMIN International for this modification per the most economic impact, positive or negative, Inc. GTX 330/330D Mode S transponders that current GTX 330 Software Service on a substantial number of small entities are installed on, but not limited to, the Bulletin. This reimbursement will under the criteria of the Regulatory following airplanes, certificated in any follow Garmin’s warranty Policies and Flexibility Act. category:

Manufacturer Model

(1) Aermacchi S.p.A ...... S.205–18/F, S.205–18/R, S.205–20/R, S.205–22/R, S.208, S.208A, F.260, F.260B, F.260C, F.260D, F.260E, F.260F, S.211A. (2) Aeronautica Macchi S.p.A ...... AL 60, AL 60–B, AL 60–F5, AL 60–C5, AM–3. (3) Aerostar Aircraft Corporation ...... PA–60–600 (Aerostar 600), PA–60–601 (Aerostar 601), PA–60–601P (Aerostar 601P), PA– 60–602P (Aerostar 602P), PA–60–700P (Aerostar 700P), 360, 400. (4) Alexandria Aircraft, LLC ...... 14–19, 14–19–2, 14–19–3, 14–19–3A, 17–30, 17–31, 17–31TC, 17–30A, 17–31A, 17–31ATC. (5) Alliance Aircraft Group LLC ...... 15A, 20, H–250, H–295, (USAFU–10D), HT–295, H391 (USAFYL–24), H391B, H–395 (USAFL–28A or U–10B), H–395A, H–700, H–800, HST–550, HST–550A (USAF AU–24A), 500. (6) American Champion Aircraft Corp ...... 402, 7GCA, 7GCB, 7KC, 7GCBA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, 8GCBC. (7) Sky International Inc ...... A–1, A–1A, A–1B, S–1S, S–1T, S–2, S–2A, S–2S, S–2C. (8) B–N Group Ltd ...... BN–2, BN–2A, BN–2A–2, BN–2A–3, BN–2A–6, BN–2A–8, BN–2A–20, BN–2A–21, BN–2A–26, BN–2A–27, BN–2B–20, BN–2B–21, BN–2A–26, BN–2A–27, BN–2B–20, BN–2B–21, BN– 2B–26, BN–2B–27, BN–2T, BN–2T–4R, BN–2A MK.III, BN2A MK.III–2, BN2A MK.111–3. (9) Bellanca ...... 14–13, 14–13–2. 14–13–3. 14–13–3W. (10) Bombardier Inc ...... (Otter) DHC–3, DHC–6–1, DHC–6–100, DHC–6–200, DHC–6–300.

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Manufacturer Model

(11) Cessna Aircraft Company ...... 170, 170A, 170B, 172, 172A, 172B, 172C, 172D, 172E, 172F (USAF T–41A), 172G, 172H, (USAF T041A), 172I, 172K, 172L, 172M, 172N, 172P, 172Q, 172R, 172S, 172RG, P172D, R172E (USAF T–41 B) (USAF T–41 C AND D), R172F (USAF T–41 D), R175G, R172H (USAF T–41 D), R172J, R172K, 175, 175A, 175B, 175C, 177, 177A, 177B, 177RG, 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J, 180K, 182, 182A, 182B, 182C, 182D, 182E, 182F, 182G, 182H, 182J, 182K, 182L, 182M, 182N, 182P, 182Q, 182R, 182S, 182T, R182, T182, TR182, T182T, 185, 185A, 185B, 185C, 185D, 185E, A185E, A185F, 190, (LC–126A, B, C) 195, 195A, 195B, 210, 210A, 210B, 210C, 210D, 210E, 210F, T210F, 210G, T210G, 210H, T210H, 210J, T210J, 210K, T210K, 210L, T210L, 210M, T210M, 210N, P210N, T210N, 210R, P210R, T210R, 210–5 (205), 210–5A (205A), 206, P206, P206A, P206B, P206C, P206D, P206E, TP206A, TP206B, TP206C, TU206D, TU206E, TU206F, TU206G, 206H, T206H, 207, 207A, T207, T207A, 208, 208A, 208B, 310, 310A (USAF U–3A), 310B, 310C, 310D, 310E (USAF U–3B), 310F, 310G, 310H, E310H, 310I, 310J, 310J–1, E310J, 310K, 310L, 310N, 310P, T310P, 310Q, T310Q, 310R, T310R, 320, 320A, 320B, 320C, 320D, 320E, 320F, 320–1, 335, 340, 340A, 336, 337, 337A (USAF 02B), 337B, T337B, 337C, 337E, T337E, T337C, 337D, T337D, M337B (USAF 02A), 337F, T337F, T337G, 337G, 337H, P337H, T337H, T337H–SP, 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, 421A, 421B, 421C, 425, 404, 406, 441. (12) Cirrus Design Corporation ...... SR20, SR22. (13) Commander Aircraft Company ...... 112, 112TC, 112B, 112TCA, 114, 114A, 114B, 114TC. (14) de Havilland Inc ...... DHC–2 Mk. I, DHC–2 Mk. II, DHC–2 Mk. III. (15) Dynac Aerospace Corporation ...... (Volaire) 10, (Volaire) 10A, (Aero Commander) 100, (Aero Commander) 100A, (Aero Com- mander) 100–180. (16) Diamond Aircraft Industries ...... DA–20–A1, DA20–C1, DA 40. (17) Empressa Brasileira de Aeronautica S.A. EMB–110P1, EMB–110PE. EMBRAER. (18) Extra Flugzeugbau Gmbh ...... EA300, EA300L, EA300S, EA300/200, EA–400. (19) Fairchild Aircraft Corporation ...... SA26–T, SA26–AT, SA226–T, SA226–AT, SA226–T(B), SA227–AT, SA227–TT, SA226–TC, SA227–AC (C–26A), SA227–CC, SA227–DC (C–26B). (20) Global Amphibians, LLC ...... Colonial C–1, Colonial C–2, Lake LA–4, Lake LA–4A, Lake LA–4P, Lake LA–4–200, Lake Model 250. (21) Grob-Werke ...... G115, G115A, G115B, G115C, G115C2, G115D, G115D2, G115EG, G120A. (22) Lancair Company ...... LC40–550FG. (23) LanShe Aerospace, LLC ...... MAC–125C, MAC–145, MAC–145A, MAC–145B. (24) Learjet Inc ...... 23. (25) Lockheed Aircraft Corporation ...... 18. (26) Luscombe Aircraft Corporation ...... 11A, 11E. (27) Maule Aerospace Technology, Inc ...... Bee Dee M–4, M–4, M–4C, M–4S, M–4T, M–4180C, M–4–180S, M–4–180T, M–4–210, M–4– 210C, M–4–210S, M–4–210T, M–4–220, M–4–220S, M–4–220T, M–5–180C, M–5–200, M– 5–210C, M–5–210TC, M–5–220C, M–5–235C, M–6–180, M–6–235, M–7–235, MX–7–235, MX–7–180, MX–7–420, MXT–7–180, MT–7–235, M–8–235, MX–7–160, MXT–7–160, MX– 7–180A, MXT–7–180A, MXT–7–180B, M–7–235B, M–7–235A, M–7–235C, M–7–180C, M– 7–260, MT–7–260, M–7–260C, M–7–420AC, MX–7–160C, MX–7–180AC, M–7–420A, MT– 7–420. (28) Mitsubishi Heavy Industries, Ltd ...... MU–2B–25, MU–2B–35, MU–2B–26, MU–2B–36, MU–2B–26A, MU–2B–36A, MU–2B–40, MU–2B–60, MU–2B, MU–2B–20, MU–2B–20, MU–2B–15. (29) Mooney Airplane Company, Inc ...... M20, M20A, M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R, M20S, M22. (30) Moravan a.s ...... Z–242L, Z–143L. (31) Navion Aircraft Company, Ltd ...... NAVION, Navion (L–17A), Navion (L–17B), Navion (L–17C), Navion B, Navion D, Navion E, Navion F, Navion G, Navion H. (32) New Piper Aircraft, Inc ...... PA–12, PA–12S, PA–18, PA–18S, PA–18 ‘‘105’’ (Special), PA–18S ‘‘105’’ (Special), PA–18A, PA–18 ‘‘125’’ (Army L–21A), PA–18S ‘‘125,’’ PA–18AS ‘‘125,’’ PA–18 ‘‘135’’ (Army L–21B), PA–18A ‘‘135,’’ PA–18S ‘‘135,’’ PA–18 ‘‘150,’’ PA–18A ‘‘150,’’ PA–18S ‘‘150,’’ PA–18AS ‘‘150,’’ PA–19 (Army L–18B), PA–19S, PA–20, PA–20S, PA–20 ‘‘115,’’ PA–20S ‘‘115,’’ PA– 20 ‘‘135,’’ PA–20S ‘‘135,’’ PA–22, PA–22–108, PA–22–135, PA–22S–135, PA–22–150, PA– 22S–150, PA–22–160, PA–22S–160, PA–23, PA–23–160, PA–23–235, PA–23–250, PA– E23–250, PA–24, PA–24–250, PA–24–260, PA–24–400, PA–28–140, PA–28–150, PA–28– 151, PA–28–160, PA–28–161, PA–28–180, PA–28–235, PA–28S–160, PA–28R–180, PA– 28S–180, PA–28–181, PA–28R–200, PA–28R–201, PA–28R–201T, PA–28RT–201, PA– 28RT–201T, PA–28–201T, PA–28–236, PA–30, PA–39, PA–40, PA–31P, PA–31T, PA– 31T1, PA–31T2, PA–31T3, PA–31P–350, PA–32–260, PA–32–300, PA–32S–300, PA–32R– 300, PA–32RT–300, PA–32RT–300T, PA–32R–301 (SP), PA–32R–301 (HP), PA–32R– 301T, PA–32–301, PA–32–301T, PA–34–200, PA–34–200T, PA–34–220T, PA–42, PA–42– 720, PA–42–1000, PA–42–720R, PA–44–180, PA–44–180T, PA–46–310P, PA–46–350P, PA–46–500TP. (33) Ostmecklenburgische Flugzeugbau GmgH OMF–100–160. (34) Piaggio Aero Industries S.p.A ...... P–180. (35) Pilatus Aircraft Ltd ...... PILATUS PC–12, PILATUS PC–12/45, PC–6, PC–6–H1, PC–6–H2, PC–6/350, PC–6/350–H1, PC–6/350–H2, PC–6/A, PC–6/A–H1, PA–6/A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, PC–6/C1–H2, PC–7. (36) Prop-Jets, Inc ...... 200, 200A, 200B, 200C, 200D, 400. (37) Panstwowe Zakladv Lotnicze (PZL) ...... PZL–104 WILGA 80, PZL–104M WILGA 2000, PZL–WARSZAWA, PZL–KOLIBER 150A, PZL– KOLIBER 160A.

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Manufacturer Model

(38) PZL WSK/Mielec Obrsk ...... PZL M20 03, PZL M26 01. (39) Raytheon ...... 35–33, 35–A33, 35–B33, 35–C33, 35–C33A, E33, E33A, E33C, F33, F33A, F33C, G33, H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, 36, A36, A36TC, B36TC, 35, A35, B35, C35, D35, E35, F35, G35, 35R, F90, 76, 200, 200C, 200CT, 200T, A200, B200, B200C, B200CT, B200T, 300, 300LW, B300, B300C, 1900, 1900C, 1900D, A100–1 (U–21J), A200 (C–12A), A200 (C–12C), A200C (UC–12B), A200CT (C–12D), A200CT (FWC–12D), A200CT (RC–12D), A200CT (C–12F), A200CT (RC–12G), A200CT (RC–12H), A200CT (RC–12K), A200CT (RC–12P), A200CT (RC–12Q), B200C (C–12F), B200C (UC–12F), B200C (UC–12M), B200C (C–12R), 1900C (C–12J), 65, A65, A65–8200, 65–80, 65–A80, 65–A80–8800, 65–B80, 65–88, 65–A90, 70, B90, C90, C90A, E90, H90, 65–A90–1, 65– A90–2, 65–A90–3, 65–A90–4, 95, B95, B95A, D95A, E95, 95–55, 95–A55, 95–B55, 95– B55A, 95–B55B (T–42A), 95–C55, 95–C55A, D55, D55A, E55, E55A, 56TC, A56TC, 58, 58A, 58P, 58PA, 58TC, 58TCA, 99, 99A, 99A (FACH), A99, A99A, B99, C99, 100, A100 (U–21F), A100A, A100C, B100, 2000, 3000, 390, 19A, B19, M19A, 23, A23, A23A, A23–19, A23–24, B23, C23, A24, A24R, B24R, C24R, 60, A60, B60, 18D, A18A, A18D, S18D, SA18A, SA18D, 3N, 3NM, 3TM, JRB–6, D18C, D18S, E18S, RC–45J (SNB–5P), E18S– 9700, G18S, H18, C–45G, TC–45G, C–45H, TC–45H, TC–45J, UC–45J (SNB–5), 50 (L– 23A), B50 (L–23B), C50, D50 (L–23E), D50A, D50B, D50C, D50E–5990, E50 (L–23D, RL– 23D), F50, G50, H50, J50, 45 (YT–34), A45 (T–34A or B–45), D45 (T–34B). (40) Rockwell International Corporation ...... BC–1A, AT–6 (SNJ–2), AT–6A (SNJ–3), AT–6B, AT–6C (SNJ–4), AT–6D (SNJ–5), AT–6F (SNF–6), SNJ–7, T–6G, NOMAD NA–260. (41) Short Brothers & Harland Ltd ...... SC–7 Series 2, SC–7 Series 3. (42) Slingsby Aviation Ltd ...... T67M260, T67M260–T3A. (43) SOCATA—Group Aerospatiale ...... TB9, TB10, TB20, TB21, TB200, TBM 700, M.S. 760, M.S. 760 A, M.S. 760 B, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 235E, Rallye 235C, MS 880B, MS 885, MS 894A, MS 893A, MS 892A–150, MS 892E–150, MS 893E, MS 894E, GA–7. (44) Tiger Aircraft LLC ...... AA–1, AA–1A, AA–1B, AA–1C, AA–5, AA–5A, AA–5B, AG–5B. (45) Twin Commander Aircraft Corporation ...... 500, 500–A, 500–B, 500–U, 500–S, 520, 560, 560–A, 560–E, 560F, 680, 680E, 680F, 680FL, 680FL(P), 680T, 680V, 680W, 681, 685, 690, 690A, 690B, 690C, 690D, 695, 695A, 695B, 720, 700. (46) Univair Aircraft Corporation ...... 108, 108–1, 108–2, 108–3, 108–5. (47) Vulcanair S.p.A ...... P68, P68B, P68C, P68C–TC, P68 ‘‘Observer,’’ P68 ‘‘Observer 2,’’ P68TC ‘‘Observer,’’ AP68TP300 ‘‘Spartacus,’’ AP68TP 600 ‘‘Viator’’. (48) Zenair Ltd ...... CH2000.

What Is the Unsafe Condition Presented in due to suppression, from aircraft equipped separation or unsafe TCAS resolution This AD? with the GTX 330/330D Mode S advisories. (d) The actions specified in this AD are Transponders when the pulses are below the What Must I Do To Address This Problem? Minimum Trigger Level (MTL). The intended to prevent interrogating aircraft (e) To address this problem, you must do inaccurate replies could result in vertical from possibly receiving inaccurate replies, the following:

Actions Compliance Procedures

Install GTX 330/330D Software Up- Install the software upgrade within 30 days after Follow GARMIN Mandatory Software Service Bul- grade to at least Version 3.03, July 9, 2004 (the effective date of this AD), unless letin No.: 0304, Rev B, dated June 12, 2003 (SW 3.04, or 3.05. already done. Version 3.03); Garmin Software Service Bulletin No. 0310, Rev A, dated November 10, 2003 (SW Version 3.04); or Garmin Software Service Bul- letin No. 0401, Rev A, dated February 18, 2004 (SW Version 3.05).

May I Request an Alternative Method of Does This AD Incorporate Any Material by of the Regional Counsel, 901 Locust, Room Compliance? Reference? 506, Kansas City, Missouri 64106; or at the (f) You may request a different method of (g) You must do the actions required by Office of the Federal Register, 800 North compliance or a different compliance time this AD following the instructions in Capitol Street, NW., suite 700, Washington, for this AD by following the procedures in 14 GARMIN Mandatory Software Service DC. CFR 39.19. Unless FAA authorizes otherwise, Bulletin No.: 0304, Rev B, dated June 12, send your request to your principal 2003 (SW Version 3.03); Garmin Software Issued in Kansas City, Missouri, on May inspector. The principal inspector may add Service Bulletin No. 0310, Rev A, dated 13, 2004. November 10, 2003 (SW Version 3.04); or comments and will send your request to the David R. Showers, Garmin Software Service Bulletin No. 0401, Manager, Wichita Aircraft Certification Office Rev A, dated February 18, 2004 (SW Version Acting Manager, Small Airplane Directorate, (ACO), FAA. For information on an already 3.05). The Director of the Federal Register Aircraft Certification Service. approved alternative methods of compliance, approved the incorporation by reference of [FR Doc. 04–11438 Filed 5–20–04; 8:45 am] contact Roger A. Souter, FAA, Witchita ACO, this service bulletin in accordance with 5 BILLING CODE 4910–13–M 1801 Airport Road, Room 100, Wichita, U.S.C. 552(a) and 1 CFR part 51. You may get Kansas 67209; telephone: 316–946–4134; a copy from GARMIN International Inc. 1200 facsimile: 316–946–4107; e-mail address: East 151st Street, Olathe, KS 66062. You may [email protected]. review copies at FAA, Central Region, Office

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DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I proposal to amend part 39 of the Federal certify that this action (1) is not a Federal Aviation Administration Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under include an airworthiness directive (AD) Executive Order 12866; (2) is not a 14 CFR Part 39 that is applicable to certain BAE ‘‘significant rule’’ under DOT [Docket No. 2002–NM–343–AD; Amendment Systems (Operations) Limited Model Regulatory Policies and Procedures (44 39–13641; AD 2004–10–11] BAe 146 and Avro 146–RJ series FR 11034, February 26, 1979); and (3) airplanes equipped with Pacific will not have a significant economic RIN 2120–AA64 Scientific engine fire extinguisher impact, positive or negative, on a Airworthiness Directives; BAE bottles was published in the Federal substantial number of small entities Systems (Operations) Limited Model Register on March 17, 2004 (69 FR under the criteria of the Regulatory BAe 146 and Avro 146–RJ Series 12585). That action proposed to require Flexibility Act. A final evaluation has Airplanes a one-time inspection to detect been prepared for this action and it is discrepancies in the wiring installation contained in the Rules Docket. A copy AGENCY: Federal Aviation of the engine fire extinguisher bottles, of it may be obtained from the Rules Administration, DOT. and related investigative/corrective Docket at the location provided under ACTION: Final rule. actions as necessary. the caption ADDRESSES. SUMMARY: This amendment adopts a Comments List of Subjects in 14 CFR Part 39 new airworthiness directive (AD), Interested persons have been afforded Air transportation, Aircraft, Aviation applicable to certain BAE Systems an opportunity to participate in the safety, Incorporation by reference, (Operations) Limited Model BAe 146 making of this amendment. No Safety. and Avro 146–RJ series airplanes comments were submitted in response Adoption of the Amendment equipped with Pacific Scientific engine to the proposal or the FAA’s fire extinguisher bottles. This determination of the cost to the public. I Accordingly, pursuant to the authority amendment would require a one-time delegated to me by the Administrator, Conclusion inspection to detect discrepancies in the the Federal Aviation Administration wiring installation of the engine fire The FAA has determined that air amends part 39 of the Federal Aviation extinguisher bottles, and related safety and the public interest require the Regulations (14 CFR part 39) as follows: investigative/corrective actions as adoption of the rule as proposed. necessary. This action is necessary to PART 39—AIRWORTHINESS prevent the inability of the left-hand fire Cost Impact DIRECTIVES extinguisher on one or more engines to The FAA estimates that 54 airplanes I discharge, and consequent inability to of U.S. registry will be affected by this 1. The authority citation for part 39 control or suppress an engine fire. This AD, that it will take approximately 3 continues to read as follows: action is intended to address the work hours per airplane to accomplish Authority: 49 U.S.C. 106(g), 40113, 44701. the required actions, and that the identified unsafe condition. § 39.13 [Amended] DATES: average labor rate is $65 per work hour. Effective June 25, 2004. I 2. Section 39.13 is amended by adding The incorporation by reference of Based on these figures, the cost impact the following new airworthiness certain publications listed in the of the AD on U.S. operators is estimated directive: regulations is approved by the Director to be $10,530, or $195 per airplane. of the Federal Register as of June 25, The cost impact figure discussed 2004–10–11 Bae Systems (Operations) 2004. above is based on assumptions that no Limited (Formerly British Aerospace operator has yet accomplished any of Regional Aircraft): Amendment 39– ADDRESSES: The service information the requirements of this AD action, and 13641. Docket 2002–NM–343–AD. referenced in this AD may be obtained that no operator would accomplish Applicability: Model BAe 146 and Avro from British Aerospace Regional those actions in the future if this AD 146–RJ series airplanes, equipped with Aircraft American Support, 13850 were not adopted. The cost impact Pacific Scientific engine fire extinguisher Mclearen Road, Herndon, Virginia bottles, and having BAE Systems figures discussed in AD rulemaking 20171. This information may be (Operations) Limited Modification actions represent only the time examined at the Federal Aviation HCM01688A, and either HCM01582A or necessary to perform the specific actions Administration (FAA), Transport HCM01582B installed; certificated in any actually required by the AD. These category; Airplane Directorate, Rules Docket, figures typically do not include Compliance: Required as indicated, unless 1601 Lind Avenue, SW., Renton, incidental costs, such as the time accomplished previously. Washington; or at the National Archives required to gain access and close up, To prevent the inability of the left-hand and Records Administration (NARA). planning time, or time necessitated by fire extinguisher bottle on one or more For information on the availability of engines to discharge, and consequent other administrative actions. this material at NARA, call (202) 741– inability to control or suppress an engine fire, 6030, or go to: http://www.archives.gov/ Regulatory Impact accomplish the following: _ federal register/ The regulations adopted herein will Inspection, Test, and Related Investigative/ _ _ _ code of federal regulations/ not have a substantial direct effect on Corrective Actions _ ibr locations.html. the States, on the relationship between (a) Within 6 months after the effective date FOR FURTHER INFORMATION CONTACT: the national Government and the States, of this AD: Do a one-time detailed inspection Todd Thompson, Aerospace Engineer, or on the distribution of power and to detect discrepancies in the wiring International Branch, ANM–116, FAA, responsibilities among the various installation of the fire extinguisher bottles for the engines, a one-time test of the wiring for Transport Airplane Directorate, 1601 levels of government. Therefore, it is the indicating system of the engine fire Lind Avenue, SW., Renton, Washington determined that this final rule does not extinguishing system, and all applicable 98055–4056; telephone (425) 227–1175; have federalism implications under related investigative/corrective actions, per fax (425) 227–1149. Executive Order 13132. the Accomplishment Instructions of BAE

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Systems (Operations) Limited Inspection Issued in Renton, Washington, on May 10, code_of_federal_regulations/ Service Bulletin ISB.26–065, dated 2004. ibr_locations.html. September 16, 2002. Do all of the actions per Kalene C. Yanamura, FOR FURTHER INFORMATION CONTACT: the service bulletin. Any corrective actions Acting Manager, Transport Airplane Todd Thompson, Aerospace Engineer, must be done before further flight. Although Directorate, Aircraft Certification Service. the service bulletin specifies to submit International Branch, ANM–116, FAA, [FR Doc. 04–11283 Filed 5–20–04; 8:45 am] Transport Airplane Directorate, 1601 certain information to the manufacturer, this BILLING CODE 4910–13–P AD does not include such a requirement. Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–1175; Note 1: For the purposes of this AD, a fax (425) 227–1149. detailed inspection is defined as: ‘‘An DEPARTMENT OF TRANSPORTATION intensive visual examination of a specific SUPPLEMENTARY INFORMATION: A structural area, system, installation, or Federal Aviation Administration proposal to amend part 39 of the Federal assembly to detect damage, failure, or Aviation Regulations (14 CFR part 39) to irregularity. Available lighting is normally 14 CFR Part 39 include an airworthiness directive (AD) supplemented with a direct source of good that is applicable to certain BAE lighting at intensity deemed appropriate by [Docket No. 2003–NM–171–AD; Amendment Systems (Operations) Limited Model the inspector. Inspection aids such as mirror, 39–13639; AD 2004–10–09] BAe 146 series airplanes was published magnifying lenses, etc., may be used. Surface in the Federal Register on March 17, RIN 2120–AA64 cleaning and elaborate access procedures 2004 (69 FR 12592). That action may be required.’’ Airworthiness Directives; BAE proposed to require repetitive detailed inspections for heat damage to any in- Credit for Actions Done per Other Service Systems (Operations) Limited Model BAe 146 Series Airplanes line splice in the auxiliary power unit Information (APU) and integrated drive generator (b) For airplanes with BAE Systems AGENCY: Federal Aviation (IDG) feeder cable circuits, and (Operations) Limited Modification Administration, DOT. corrective action if necessary. The HCM01582B installed: Accomplishment of ACTION: Final rule. proposed AD also provided for optional BAE Systems (Operations) Limited terminating action for the repetitive Inspections Service Bulletin 26–060 SUMMARY: This amendment adopts a inspections. (Inspection for Cross Connection of Wiring new airworthiness directive (AD), Comments on Pacific Scientific Fire Extinguishers) on applicable to certain BAE Systems each engine is considered acceptable for (Operations) Limited Model BAe 146 Interested persons have been afforded compliance with the requirements of this AD. series airplanes, that requires repetitive an opportunity to participate in the making of this amendment. No Alternative Methods of Compliance detailed inspections for heat damage to any in-line splice in the auxiliary power comments were submitted in response (c) In accordance with 14 CFR 39.19, the unit (APU) and integrated drive to the proposal or the FAA’s Manager, International Branch, ANM–116, generator (IDG) feeder cable circuits, determination of the cost to the public. FAA, Transport Airplane Directorate, is and corrective action if necessary. This Correction to Cost Information authorized to approve alternative methods of AD also provides for optional compliance for this AD. terminating action for the repetitive The cost information specified in the Incorporation by Reference inspections. This action is necessary to proposed AD inadvertently contained an erroneous figure. The estimated cost (d) Unless otherwise specified in this AD, prevent overheating of the in-line of the optional terminating action was the actions shall be done in accordance with splices of the APU and IDG feeder understated as ‘‘between $1,069 and BAE Systems (Operations) Limited cables, which can lead to smoke, fumes, $2,847 per airplane.’’ The cost Inspection Service Bulletin ISB.26–065, and possible fire in the flight deck and dated September 16, 2002. This cabin. This action is intended to address information, below, has been revised to incorporation by reference was approved by the identified unsafe condition. show the correct figure. the Director of the Federal Register in DATES: Effective June 25, 2004. Conclusion accordance with 5 U.S.C. 552(a) and 1 CFR The incorporation by reference of a The FAA has determined that air part 51. Copies may be obtained from British certain publication listed in the safety and the public interest require the Aerospace Regional Aircraft American regulations is approved by the Director adoption of the rule as proposed. Support, 13850 Mclearen Road, Herndon, of the Federal Register as of June 25, Virginia 20171. Copies may be inspected at 2004. Cost Impact the FAA, Transport Airplane Directorate, ADDRESSES: The service information The FAA estimates that 17 airplanes 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and referenced in this AD may be obtained of U.S. registry will be affected by this Records Administration (NARA). For from British Aerospace Regional AD, that it will take approximately 6 information on the availability of this Aircraft American Support, 13850 work hours per airplane to accomplish material at NARA, call (202) 741–6030, or go Mclearen Road, Herndon, Virginia the required inspections, and that the to: http://www.archives.gov/federal_register/ 20171. This information may be average labor rate is $65 per work hour. code_of_federal_regulations/ examined at the Federal Aviation Based on these figures, the cost impact ibr_locations.html. Administration (FAA), Transport of the AD on U.S. operators is estimated Airplane Directorate, Rules Docket, to be $6,630, or $390 per airplane, per Note 2: The subject of this AD is addressed 1601 Lind Avenue, SW., Renton, inspection cycle. in British airworthiness directive 003–09– Washington; or at the National Archives The optional terminating action, if 2002. and Records Administration (NARA). done, will take approximately between Effective Date For information on the availability of 5 and 30 work hours per airplane, at an (e) This amendment becomes effective on this material at NARA, call (202) 741– average labor rate of $65 per work hour. June 25, 2004. 6030, or go to: http://www.archives.gov/ Required parts will cost approximately federal_register/ between $744 and $1,379 per airplane.

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Based on these figures, we estimate the § 39.13 [Amended] authorized to approve alternative methods of cost of the optional terminating action I 2. Section 39.13 is amended by adding compliance for this AD. to be between $1,069 and $3,329 per the following new airworthiness Incorporation by Reference airplane. directive: (e) The actions shall be done in accordance The cost impact figures discussed 2004–10–09 Bae Systems (Operations) with BAE Systems (Operations) Limited above are based on assumptions that no Limited (Formerly British Aerospace Inspection Service Bulletin ISB.24–139, operator has yet accomplished any of Regional Aircraft): Amendment 39– dated April 2, 2003. This incorporation by the requirements of this AD action, and 13639. Docket 2003–NM–171–AD. reference was approved by the Director of the that no operator would accomplish Applicability: Model BAe 146 series Federal Register in accordance with 5 U.S.C. those actions in the future if this AD airplanes, as identified in BAE Systems 552(a) and 1 CFR part 51. Copies may be were not adopted. The cost impact (Operations) Limited Inspection Service obtained from British Aerospace Regional Aircraft American Support, 13850 Mclearen figures discussed in AD rulemaking Bulletin ISB.24–139, dated April 2, 2003; certificated in any category. Road, Herndon, Virginia 20171. Copies may actions represent only the time be inspected at the FAA, Transport Airplane necessary to perform the specific actions Compliance: Required as indicated, unless accomplished previously. Directorate, 1601 Lind Avenue, SW., Renton, actually required by the AD. These To prevent overheating of the in-line Washington; or at the National Archives and figures typically do not include splices of the auxiliary power unit (APU) and Records Administration (NARA). For incidental costs, such as the time integrated drive generator (IDG) feeder information on the availability of this required to gain access and close up, cables, which can lead to smoke, fumes, and material at NARA, call (202) 741–6030, or go _ possible fire in the flight deck and cabin, to: http://www.archives.gov/federal register/ planning time, or time necessitated by _ _ _ other administrative actions. accomplish the following: code of federal regulations/ ibr_locations.html. Regulatory Impact Inspection Note 2: The subject of this AD is addressed (a) Within 6 months after the effective date in British airworthiness directive 005–04– The regulations adopted herein will of this AD, do a detailed inspection for heat 2003. not have a substantial direct effect on damage to any in-line splice in the APU and the States, on the relationship between IDG feeder cables, per the Accomplishment Effective Date the national Government and the States, Instructions of BAE Systems (Operations) (f) This amendment becomes effective on or on the distribution of power and Limited Inspection Service Bulletin ISB.24– June 25, 2004. responsibilities among the various 139, dated April 2, 2003. If no heat damage is found, repeat the inspections thereafter at Issued in Renton, Washington, on May 10, levels of government. Therefore, it is 2004. determined that this final rule does not intervals not to exceed 12 months. Although the service bulletin specifies to report Kalene C. Yanamura, have federalism implications under inspection findings to the airplane Acting Manager, Transport Airplane Executive Order 13132. manufacturer, this AD does not include such Directorate, Aircraft Certification Service. For the reasons discussed above, I a requirement. [FR Doc. 04–11286 Filed 5–20–04; 8:45 am] certify that this action (1) is not a Note 1: For the purposes of this AD, a BILLING CODE 4910–13–P ‘‘significant regulatory action’’ under detailed inspection is defined as: ‘‘An Executive Order 12866; (2) is not a intensive visual examination of a specific structural area, system, installation, or ‘‘significant rule’’ under DOT DEPARTMENT OF TRANSPORTATION Regulatory Policies and Procedures (44 assembly to detect damage, failure, or FR 11034, February 26, 1979); and (3) irregularity. Available lighting is normally supplemented with a direct source of good Federal Aviation Administration will not have a significant economic lighting at intensity deemed appropriate by impact, positive or negative, on a the inspector. Inspection aids such as mirror, 14 CFR Part 39 substantial number of small entities magnifying lenses, etc., may be used. Surface [Docket No. 2003–CE–64–AD; Amendment under the criteria of the Regulatory cleaning and elaborate access procedures 39–13638; AD 2004–10–08] Flexibility Act. A final evaluation has may be required.’’ been prepared for this action and it is RIN 2120–AA64 Corrective Action contained in the Rules Docket. A copy of it may be obtained from the Rules (b) If any heat damage is found during any Airworthiness Directives; Alexander Docket at the location provided under inspection done per paragraph (a) of this AD: Schleicher GmbH & Co. Prior to further flight, modify the damaged the caption ADDRESSES. Segelflugzeugbau Model ASH 25M in-line splices in the APU and/or IDG feeder Sailplanes List of Subjects in 14 CFR Part 39 cable circuits, per paragraph 2.F., ‘‘Terminating Action,’’ of the AGENCY: Federal Aviation Air transportation, Aircraft, Aviation Accomplishment Instructions of BAE Administration (FAA), DOT. Systems (Operations) Limited Inspection safety, Incorporation by reference, ACTION: Final rule. Safety. Service Bulletin ISB.24–139, dated April 2, 2003, as applicable. SUMMARY: The FAA adopts a new Adoption of the Amendment Optional Terminating Action airworthiness directive (AD) for all I Accordingly, pursuant to the authority (c) Modifying the in-line splices in the Alexander Schleicher GmbH & Co. delegated to me by the Administrator, APU and/or the IDG feeder cable circuits, per Segelflugzeugbau (Alexander the Federal Aviation Administration the Terminating Action instructions of the Schleicher) Model ASH 25M sailplanes amends part 39 of the Federal Aviation Accomplishment Instructions of BAE equipped with fuel injected engine Regulations (14 CFR part 39) as follows: Systems (Operations) Limited Inspection IAE50R–AA. This AD requires you to Service Bulletin ISB.24–139, dated April 2, inspect the fuel line for correct fittings, PART 39—AIRWORTHINESS 2003, constitutes terminating action for this and, if any incorrect fitting is found, DIRECTIVES AD. replace the fuel line. This AD is the Alternative Methods of Compliance result of mandatory continuing I 1. The authority citation for part 39 (d) In accordance with 14 CFR 39.19, the airworthiness information (MCAI) continues to read as follows: Manager, International Branch, ANM–116, issued by the airworthiness authority for Authority: 49 U.S.C. 106(g), 40113, 44701. Transport Airplane Directorate, FAA, is Germany. We are issuing this AD to

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detect and correct any fuel lines with one end of a fuel line was installed the available data and determined that improper fittings, which could result in during production of the Model ASH air safety and the public interest require fuel leakage and a possible fire hazard. 25M sailplane equipped with fuel adopting the AD as proposed except for DATES: This AD becomes effective on injected engine IAE50R–AA. The minor editorial corrections. We have July 6, 2004. incorrect fitting includes a combination determined that these minor As of July 6, 2004, the Director of the of sealing cones. After maintenance, the corrections: Federal Register approved the incorrect combination of sealing cones incorporation by reference of certain inside the fittings might cause a fuel —Are consistent with the intent that publications listed in the regulation. leak. was proposed in the NPRM for correcting the unsafe condition; and ADDRESSES: You may get the service What is the potential impact if FAA information identified in this AD from took no action? Any fuel line with —Do not add any additional burden Alexander Schleicher GmbH & Co. improper fittings could result in fuel upon the public than was already Segelflugzeugbau, D–36163 leakage and a possible fire hazard. proposed in the NPRM. Poppenhausen, Federal Republic of Has FAA taken any action to this point? We issued a proposal to amend Changes to 14 CFR Part 39—Effect on Germany; telephone: 011–49 6658 89–0; part 39 of the Federal Aviation the AD facsimile: 011–49 6658 89–40. You may view the AD docket at FAA, Regulations (14 CFR part 39) to include an AD that would apply to all How does the revision to 14 CFR part Central Region, Office of the Regional 39 affect this AD? On July 10, 2002, the Counsel, Attention: Rules Docket No. Alexander Schleicher Model ASH 25M sailplanes equipped with fuel injected FAA published a new version of 14 CFR 2003–CE–64–AD, 901 Locust, Room part 39 (67 FR 47997, July 22, 2002), 506, Kansas City, Missouri 64106. Office engine IAE50R–AA. This proposal was published in the Federal Register as a which governs the FAA’s AD system. hours are 8 a.m. to 4 p.m., Monday notice of proposed rulemaking (NPRM) This regulation now includes material through Friday, except Federal holidays. on February 11, 2004 (69 FR 6585). The that relates to altered products, special FOR FURTHER INFORMATION CONTACT: Greg NPRM proposed to require you to flight permits, and alternative methods Davison, Aerospace Engineer, FAA, inspect the fuel line for correct fittings, of compliance. This material previously Small Airplane Directorate, 901 Locust, and, if any incorrect fitting is found, was included in each individual AD. Room 301, Kansas City, Missouri 64106; replace the fuel line. Since this material is included in 14 telephone: (816) 329–4130; facsimile: CFR part 39, we will not include it in (816) 329–4090. Comments future AD actions. SUPPLEMENTARY INFORMATION: Was the public invited to comment? We provided the public the opportunity Costs of Compliance Discussion to participate in developing this AD. We How many airplanes does this AD What events have caused this AD? received no comments on the proposal The Luftfahrt-Bundesamt (LBA), which impact? We estimate that this AD affects or on the determination of the cost to 2 sailplanes in the U.S. registry. is the airworthiness authority for the public. Germany, recently notified FAA that an What is the cost impact of this AD on unsafe condition may exist on Conclusion owners/operators of the affected Alexander Schleicher sailplanes. The What is FAA’s final determination on sailplanes? We estimate the following LBA reports that an incorrect fitting at this issue? We have carefully reviewed costs to accomplish the inspection:

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

1 workhour at $65 per hour = $65 ...... Not Applicable ...... $65 $130

We estimate the following costs to results of this inspection. We have no sailplanes that may need this accomplish any necessary replacement way of determining the number of replacement: that will be required based on the

Labor cost Parts cost Total cost per sailplane

1 workhour × $65 per hour = $65 ...... $160 $65 + $160 = $225

Regulatory Findings Will this AD involve a significant rule under the criteria of the Regulatory or regulatory action? For the reasons Flexibility Act. Will this AD impact various entities? discussed above, I certify that this AD: We have determined that this AD will We prepared a summary of the costs not have federalism implications under 1. Is not a ‘‘significant regulatory to comply with this AD and placed it in Executive Order 13132. This AD will action’’ under Executive Order 12866; the AD Docket. You may get a copy of not have a substantial direct effect on 2. Is not a ‘‘significant rule’’ under the this summary by sending a request to us the States, on the relationship between DOT Regulatory Policies and Procedures at the address listed under ADDRESSES. the national government and the States, (44 FR 11034, February 26, 1979); and Include ‘‘AD Docket No. 2003–CE–64– AD’’ in your request. or on the distribution of power and 3. Will not have a significant responsibilities among the various economic impact, positive or negative, levels of government. on a substantial number of small entities

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List of Subjects in 14 CFR Part 39 § 39.13 [Amended] (2) equipped with fuel injected engine Air transportation, Aircraft, Aviation I 2. FAA amends § 39.13 by adding a IAE50R–AA. safety, Incorporation by reference, new AD to read as follows: What Is the Unsafe Condition Presented in Safety. 2004–10–08 Alexander Schleicher GmbH & This AD? Adoption of the Amendment Co. Segelflugzeugbau: Amendment 39– (d) This AD is the result of mandatory 13638; Docket No. 2003–CE–64–AD. continuing airworthiness information (MCAI) I Accordingly, under the authority When Does This AD Become Effective? issued by the airworthiness authority for delegated to me by the Administrator, Germany. The actions specified in this AD (a) This AD becomes effective on July 6, the Federal Aviation Administration are intended to detect and correct fuel lines 2004. amends part 39 of the Federal Aviation with improper fittings, which could result in Regulations (14 CFR part 39) as follows: What Other ADs Are Affected by This fuel leakage and a possible fire hazard. Action? PART 39—AIRWORTHINESS What Must I Do To Address This Problem? (b) None. DIRECTIVES (e) To address this problem, you must do What Sailplanes Are Affected by This AD? I 1. The authority citation for part 39 the following: (c) This AD affects all Model ASH 25M continues to read as follows: sailplanes, all serial numbers, that are: Authority: 49 U.S.C. 106(g), 40113, 44701. (1) certificated in any category; and

Actions Compliance Procedures

(1) Inspect the fuel line between the injection Within the next 50 hours time-in-service (TIS) Follow Alexander Schleicher GmbH & Co. valve and pressure regulator for the correct after July 6, 2004 (the effective date of this Segelflugzeugbau ASH 25 Mi Technical color of connecting fittings (The connecting AD), unless already done. Note No. 22, dated February 21, 2003. fitting at the injection valve must be blue and the connecting fitting at the pressures regu- latory must be black.). (2) If you find any fuel line with blue connecting Before further flight after the inspection re- Follow Alexander Schleicher GmbH & Co. fittings at both ends, then replace the fuel quired by paragraph (e)(1) of this AD. Segelflugzeugbau ASH 25 Mi Technical line with a fuel line with a blue connecting fit- Note No. 22, dated February 21, 2003. ting at the injection valve and a black con- necting fitting at the pressure regulator. (3) Do not install any fuel line that uses blue As of July 6, 2004 (the effective date of this Not Applicable. connecting fittings at both ends. AD).

May I Request an Alternative Method of and Records Administration (NARA). For ACTION: Notice of public meetings. Compliance? information on the availability of this material at NARA, call (202) 741–6030, or go SUMMARY: The Food and Drug (f) You may request a different method of _ compliance or a different compliance time to: http://www.archives.gov/federal register/ Administration (FDA) is announcing code_of_federal_regulations/ three public meetings to solicit for this AD by following the procedures in 14 _ CFR 39.19. Unless FAA authorizes otherwise, ibr locations.html. comments, data, and scientific send your request to your principal Is There Other Information That Relates to information about the current state of inspector. The principal inspector may add This Subject? quality management techniques, quality comments and will send your request to the (h) German AD Number 2003–129, dated systems approaches, and voluntary Manager, Standards Office, Small Airplane March 21, 2003, also addresses the subject of industry standards concerning current Directorate, FAA. For information on any this AD. good manufacturing practices and other already approved alternative methods of controls used by food manufacturers Issued in Kansas City, Missouri, on May compliance, contact Greg Davison, Aerospace and processors to prevent, reduce, Engineer, FAA, Small Airplane Directorate, 12, 2004. control, or eliminate food borne hazards 901 Locust, Room 301, Kansas City, Missouri James E. Jackson, 64106; telephone: (816) 329–4130; facsimile: that can occur during food production Acting Manager, Small Airplane Directorate, or processing. The meetings are (816) 329–4090. Aircraft Certification Service. intended to elicit information about Does This AD Incorporate Any Material by [FR Doc. 04–11370 Filed 5–20–04; 8:45 am] FDA’s current good manufacturing Reference? BILLING CODE 4910–13–P practice (CGMP) in manufacturing, (g) You must do the actions required by packing, or holding human food this AD following the instructions in regulations. This information will be Alexander Schleicher GmbH & Co. Segelflugzeugbau ASH 25 Mi Technical Note DEPARTMENT OF HEALTH AND useful in determining appropriate No. 22, dated February 21, 2003. The Director HUMAN SERVICES revisions to these regulations. We ask of the Federal Register approved the that those who speak at the meetings or incorporation by reference of this service Food and Drug Administration otherwise provide FDA with their bulletin in accordance with 5 U.S.C. 552(a) comments focus on our questions given and 1 CFR part 51. You may get a copy from [Docket No. 2004N–0230] in section II of this document about the Alexander Schleicher GmbH & Co. CGMP regulations and other quality Segelflugzeugbau, D–36163 Poppenhausen, 21 CFR Part 110 management techniques. There also will Federal Republic of Germany; telephone: be an opportunity to address small 011–49 6658 89–0; facsimile: 011–49 6658 Food; Current Good Manufacturing business concerns at the meetings. 89–40. You may review copies at FAA, Practice Regulations; Public Meetings Central Region, Office of the Regional DATES: The public meetings will be held Counsel, 901 Locust, Room 506, Kansas City, AGENCY: Food and Drug Administration, in College Park, MD, on Friday, June 11, Missouri 64106; or at the National Archives HHS. 2004, from 9 a.m. to 12 noon; in

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Monterey, CA, on Friday, July 2, 2004, 5630 Fishers Lane, rm. 1061, Rockville, previous paragraph. FDA is particularly from 1 p.m. to 4 p.m.; and in Chicago, MD 20852. interested in receiving comments about IL, on Wednesday, July 21, 2004, from FOR FURTHER INFORMATION CONTACT: food manufacturing practices and other 2 p.m. to 5 p.m. You should register for Peter J. Vardon, Center for Food Safety controls used by small food any of the meetings by fax or e-mail (see and Applied Nutrition (HFS–726), Food manufacturing and processing entities. FOR FURTHER INFORMATION CONTACT). For and Drug Administration, 5100 Paint II. Questions security reasons and due to space Branch Pkwy., College Park, MD, 301– limitations, we recommend that you 436–1830, FAX 301–436–2626, or e- In general, do the current good register at least 5 days prior to the mail: [email protected]. manufacturing regulations (part 110) need to be revised or otherwise meeting you wish to attend. You may SUPPLEMENTARY INFORMATION: register by fax or e-mail until close of modernized? If yes, please describe business 5 days before the meeting you I. Background generally the shortcomings of the wish to attend, provided that space is FDA last revised its CGMP regulations current regulations. 1. Which practices specified in available. In addition to participating at for food (part 110 (21 CFR part 110)) in current part 110 are most effective at the public meetings, you may submit 1986 (51 FR 22458, June 19, 1986). The preventing each type of food hazard? written or electronic comments until primary purpose of the revision was to Which practices are least effective at September 10, 2004. establish new, updated, or more such prevention? ADDRESSES: The public meeting on detailed provisions concerning food 2. In today’s food manufacturing Friday, June 11, 2004, will be held at the industry personnel; plants and grounds; environment, what conditions, Food and Drug Administration, Center sanitary facilities, controls, and practices, or other factors are the for Food Safety and Applied Nutrition, operations; equipment and utensils, principal contributors to each type of 5100 Paint Branch Pkwy., College Park, warehousing, and distribution; and food hazard? MD 20740–3835. The public meeting on natural or unavoidable defect levels. 3. If the CGMP regulations were Friday, July 2, 2004, will be held at the FDA designed the revised CGMP revised, which type or types of food Monterey Conference Center, One regulations to help ensure the safe and hazards could be most readily prevented Portola Plaza, Monterey, CA 93940. The sanitary manufacturing, processing, and through CGMP-type controls? public meeting on Wednesday, July 21, holding of food for human 4. Are there preventive controls, in 2004, will be held at the Marriott consumption. addition to those set out in part 110, Chicago Downtown, 540 North In the almost 20 years since the food needed to reduce, control, or eliminate Michigan Ave., Chicago, IL 60611. CGMPs were revised, the food industry each of the three types of food hazards? You may submit comments, identified has undergone considerable change, and If yes, please identify the specific with Docket No. 2004N–0230, by any of the agency believes that it is now time hazard and the particular controls, that the following methods: to revisit these regulations and • would reduce, control, or eliminate the Federal eRulemaking Portal: http:// determine appropriate revisions to hazard. www.regulations.gov. better ensure a safe and sanitary food 5. What concepts or underlying Follow the instructions for submitting supply. FDA believes that a good first principles should guide FDA’s adoption comments. step is to obtain the views of the of new preventive controls? • Agency Web site: http:// industry and the public generally by 6. How should the effectiveness of www.fda.gov/dockets/ecomments. holding a series of public meetings. The preventive controls for each of the three Follow the instructions for submitting three public meetings are intended to types of hazards be most accurately comments on the agency Web site. provide interested parties an measured? • E-mail: [email protected]. opportunity to comment on what 7. In today’s food manufacturing Include Docket No. 2004N–0230 in the revisions to the CGMPs FDA should environment, what are the principal subject line of your e-mail message. consider. The meetings are also contributors to the presence of • FAX: 301–827–6870. intended to fulfill part of the outreach undeclared allergens in food? For • Mail/Hand delivery/Courier (For requirement of the Small Business example, do labeling errors or cross- paper, disk, or CD–ROM submissions): Regulatory Enforcement Fairness Act of contamination contribute? Which Division of Dockets Management, 5630 1996. preventive controls could help reduce, Fishers Lane, rm. 1061, Rockville, MD FDA has drafted the questions set out control, or eliminate the presence of 20852. in this document to help focus undeclared allergens in food? Instructions: All submissions received comments presented at the public 8. Are there existing quality systems must include the agency name and meetings or otherwise communicated to or standards (such as international Docket No. for this rulemaking. All the agency. One area of particular standards) that FDA should consider as comments received will be posted agency focus is potential hazards in the part of the agency’s exploration of food without change to http://www.fda.gov/ food supply. Generally speaking, there CGMP modernization? Please identify dockets/ecomments, including any are three categories of hazards that may these systems or standards and explain personal information provided. For be present during the production or what their consideration might detailed instructions on submitting warehousing of food: Physical hazards contribute to this effort. comments and additional information (such as the presence of glass fragments 9. There is a broad variation within on the rulemaking process, see the in food), chemical hazards (such as the the food manufacturing and processing ‘‘Comments’’ heading of the unintended presence of a cleaning industry, including variations in size of SUPPLEMENTARY INFORMATION section of solution in food), and microbiological establishments, the nature of the food this document. hazards (such as the presence of Listeria produced, the degree to which the food Docket: For access to the docket to monocytogenes in ready-to-eat foods). is processed, and the vulnerability of a read background documents or In responding to the questions set out particular operation to physical, comments received, go to http:// in this document, please address, to the chemical, or microbial hazards. How, if www.fda.gov/dockets/ecomments and/ extent you are able, each of the three at all, should the CGMP regulations be or the Division of Dockets Management, types of hazards discussed in the revised to take into account such

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variation? For example, should there be IV. Transcripts Toxicological Agents, Including different sets of preventive controls for A transcript will be made of the Chemical Agents, Biological Agents, and identifiable segments of the food proceedings of each meeting. You may Associated Equipment, and Category industry, such as different storage request a copy of a meeting transcript in XVIII—Directed Energy Weapons. The temperature limits? writing from FDA’s Freedom of review resulted in a change of the title 10. There are a number of measures, Information Office (HFI–35), Food and of Categories IX and X to better reflect procedures, and programs that help to Drug Administration, 5600 Fishers the items controlled in each category. ensure that preventive controls are Lane, rm. 12A–16, Rockville, MD 20857, Consistent with previous published carried out adequately. These include approximately 30 working days after the changes to other categories, Categories the following items: public meetings at a cost of 10 cents per IX, X, and XIII have been revised to add • Training programs for managers page. The transcript of each public interpretations that explain and amplify and/or workers; meeting and all comments submitted the terms used in the category. The • Audit programs; categories were also reformatted in • Written records, e.g., batch records, will be available for public examination at the Division of Dockets Management order that they might better identify the sanitation records; articles controlled. While no additional • Validation of control measures; (see ADDRESSES) between 9 a.m. and 4 • p.m., Monday through Friday. items have been added to any of the Written sanitation standard categories, some articles, previously operating procedures; V. Comments covered more broadly are now • Food label review and control specifically identified in separate program; and In addition to presenting oral • comments at a public meeting, paragraphs. Testing of incoming raw materials, In addition, this document inprocess materials, or finished interested persons may submit (see ADDRESSES) written or electronic incorporates an amendment to the text products. of Category XIV as published in the Which (if any) of these should be comments on the subject of these Federal Register on November 27, 2002 required practices for food and meetings. Submit a single copy of to account for the existence of personal manufacturers and why? Which (if any) electronic comments or two paper protection devices for domestic of these should be recommended copies of any mailed comments, except applications such as civil defense that practices for food manufacturers and that individuals may submit one paper provide protection against the chemical processors and why? copy. Comments are to be identified 11. Are there preventive controls in with the docket number found in the and biological agents controlled by the addition to those already set out in part brackets in the heading of this Category and that integrate components 110 for food distributors, wholesalers, document. Received comments may be and parts subject to the controls of the and warehousers that are needed to help seen in the Division of Dockets International Traffic in Arms ensure the safe and sanitary holding of Management between 9 a.m. and 4 p.m., Regulations (ITAR). This revision food? If yes, please identify the controls Monday through Friday. transfers to the jurisdiction of the by hazard and sector of the industry. Department of Commerce certain Dated: May 18, 2004. articles previously controlled on the III. Registration Jeffrey Shuren, USML. You should register for any of the Assistant Commissioner for Policy. Finally, in complying with meetings by fax or e-mail (see FOR [FR Doc. 04–11611 Filed 5–19–04; 1:17 pm] Presidential Determination No. 2004–02 FURTHER INFORMATION CONTACT). For BILLING CODE 4160–01–S of October 6, 2003, Presidential security reasons and due to space Determination No. 2004–16 of December limitations, we recommend that you 30, 2003, and Presidential register at least 5 days prior to the DEPARTMENT OF STATE Determination No. 2004–21 of January meeting you wish to attend. Registration 15, 2004, the ITAR is being amended to will be accepted on a space-available 22 CFR Parts 121 and 123 add the Philippines, Thailand, and Kuwait as major non-NATO allies of the basis. You may register until close of [Public Notice 4723] business June 4, 2004, for the College United States. Park meeting, close of business on June Z–RIN 1400–ZA10 DATES: Effective Date: May 21, 2004. ADDRESSES: Interested parties are 25, 2004, for the Monterey meeting, and Amendment to the International Traffic invited to submit written comments to close of business July 15, 2004, for the in Arms Regulations: United States the Department of State, Directorate of Chicago meeting. If you need special Munitions List accommodations due to a disability, Defense Trade Controls, Office of please inform the contact person at least AGENCY: Department of State. Defense Trade Controls Policy, ATTN: 7 days in advance (see FOR FURTHER ACTION: Final rule. Regulatory Change, USML Part 121, INFORMATION CONTACT). Please include Categories IX, X, XII, XIII, XIV, and your name, title, firm name, address, SUMMARY: The Department of State, in XVIII, 12th Floor, SA–1, Washington DC telephone number, and e-mail address consultation with the Departments of 20522–0112. E-mail comments may be (if available) when you register. FDA Defense and Commerce has reviewed sent to: [email protected] encourages individuals or firms with the International Traffic In Arms with the subject line: USML Review— relevant data or information to present Regulations (ITAR), Part 121—The Category (specify). Comments will be such information at the meeting or in United States Munitions List (USML), accepted at any time. written comments to the record. If you Category IX—Military Training FOR FURTHER INFORMATION CONTACT: Mr. would like to make oral comments at Equipment, Category X—Protective Stephen Tomchik, Office of Defense one of the meetings, please specify your Personnel Equipment, Category XII— Trade Controls Policy, Department of interest in speaking when you register. Fire Control, Range Finder, Optical and State, Telephone (202) 663–2799 or FAX The amount of time for each oral Guidance and Control Equipment, (202) 261–8199. ATTN: Regulatory presentation may be limited due to the Category XIII—Auxiliary Military Change, USML Part 121, Categories IX, number of requests to speak. Equipment, Category XIV— X, XII, XIII, XIV and XVIII.

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SUPPLEMENTARY INFORMATION: The apparatus currently controlled in change in control. The specific results of the Department of Category XIII are transferred to this chemiluminescent compounds currently State lead interagency review by category. Finally, having determined in paragraph (g) are assessed to be more category are as follows: that they are more appropriately properly considered as components; considered to be a component of an those used for the detection or 1. Category IX aircraft, liquid oxygen converters are identification of chemical agents are The review of Category IX—Military transferred from paragraph (b) of this covered under Category XIV as a Training Equipment resulted in no category to paragraph 8(h) of Category component of chemical agent change in the coverage, but the scope of VIII and USML control is maintained on equipment, while solid state devices coverage was clarified by adding the these commodities even though they no made from compounds designed or word ‘‘training’’ to the title of the longer are specifically enumerated in modified for military applications, such category. However, added to the list of the text. as semiconductors, are controlled in items identified as a trainer are pilot- To accomplish these changes Category XI. The text referring to less aircraft and human rated centrifuge paragraph (a) now controls protective particle beam devices in paragraph (h) trainers. In addition, certain trainers are personnel equipment, with is transferred to Category XVIII— consolidated (e.g., attack trainers, subparagraphs for body armor, radar Directed Energy Weapons as an instrument flight trainers, operational protective clothing, G-suits, full and interpretive note. Paragraph (k) now flight trainer and air combat training partial pressure suits, submarine diving controls tooling and equipment systems). A weapons system trainer rescue suits, helmets designed to be designed to produce the articles includes any trainer that provides rules compatible with communications controlled by the category. Finally, a of engagement including flight, tactics, hardware or optical sights/slewing new paragraph (m) is added to the techniques and/or simulation. A radar devices, protective goggles, glasses or category to provide interpretations that trainer includes any trainer that visors. With the movement of partial explain and amplify the terms used in provides training for radar operation pressures suits to paragraph (a) of this the category. and target systems. The absence of radar category and the movement of liquid target generators from the list of items oxygen converters to Category VIII (h), 5. Category XIV included as training equipment is not a paragraph (b) now contains permanent Since the publication on November change in coverage, but a determination or transportable shelters. With the 27, 2002 (67 FR 70839) of the revision that the radar target generator is a transfer of components, parts, to this category, information has become component, part, or accessory of a radar accessories, attachments, and associated available demonstrating the existence of system and more appropriately equipment currently in paragraph (c) personal protection devices for domestic controlled in Category XI. and technical data and defense services applications such as civil defense that Specific changes to the category are currently in paragraph (d) to new integrate components and parts subject the identification in paragraph (c) of paragraphs (d) and (e) respectively, to the controls of the International tooling and equipment specifically paragraph (c) now controls tooling and Traffic in Arms Regulations (ITAR). As designed or modified for production of equipment specifically designed or in the case of Category XII of the USML, the items in the category. This resulted modified for the production of the wherein commercial systems that in components, parts, accessories, articles controlled by the category. incorporate military second and third attachment, and associated equipment Finally, a new paragraph (f) is added to generation image intensification tubes moving to paragraph (d) and technical the category to provide interpretations and military focal plane arrays data and defense services to a new that explain and amplify the terms used identified in the category are licensed paragraph (e). In addition, a new in the category. by the Department of Commerce, paragraph (f) contains interpretations commercial domestic preparedness that explain and amplify terms used in 3. Category XII devices that integrate components and the category. The Department of Commerce Export parts subject to the controls of the ITAR Commodity Control Numbers (ECCNs) will be licensed by the Department of 2. Category X found in paragraph (c) dealing with Commerce. To effect this change, a new The review changed the title of the military second and third generation interpretive note is added to paragraph category to better reflect the items image intensification tubes and military (n) of the Category, designated as (4), controlled. The title now reads Category infrared focal plane arrays that are part stating that domestic preparedness X—Protective Personnel Equipment and of a commercial system are corrected for devices for individual protection that Shelters. Also, it was determined that accuracy. integrate components and parts reformatting the category would provide identified in this subparagraph are better identification to users of the items 4. Category XIII licensed by the Department of controlled. To provide specified control The Military Information Security Commerce when such components are: levels for body armor an interpretive Systems in paragraph (b) are now (1) Integral to the device; (2) inseparable note was added to outline the standards described as Military Information from the device; and (3) incapable of established by the National Institute of Security Assurance Systems to more replacement without compromising the Justice Classification. In addition, a appropriately define the criteria for the effectiveness of the device. In addition, threshold parameter for pressure suits evaluation of such systems. The components and parts identified in this with military applications was added. language describing criteria in subparagraph exported for integration Category X now specifically identifies paragraph (b)(4) is changed to reflect into domestic preparedness devices for the controls of certain military current evaluation criteria. Paragraph (e) individual protection are subject to the protective equipment (e.g., diving suits, now controls armor and reactive armor controls of the ITAR. Explanatory goggles, glasses, visors). Similarly, the not controlled elsewhere in this language currently in paragraph (f)(4) of control of clothing designed to protect subchapter, while paragraph (f) controls the Category is transferred to and against sensor detection was clarified certain specified structural materials. incorporated into the interpretive note. via the addition of a threshold The current paragraphs (e) and (f) and Because of the insertion of the new parameter. Underwater breathing redesignated (g) and (h) without any interpretive note (4) in paragraph (n),

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the interpretative notes currently Protective Personnel Equipment, and may nevertheless be a defense service identified as (4), (5), and (6) are Category XIII—Auxiliary Military that requires authorization in renumbered as (5), (6) and (7). In Equipment; accordance with this subchapter. See accordance with Section 38(f) of the I B. In Category XII revise paragraph (c) e.g., § 120.9 and § 124.1 of this Arms Export Control Act (AECA), as I C. In Category XIV revise paragraphs subchapter for additional information amended, this removal has been notified (f)(4) and (n)(4), (5), and (6) and add new on military training. to the Congress and the Commerce paragraph (n)(7); Control List (CCL) control identified for I D. In Category XVIII, revise paragraphs Category X—Protective Personnel this commodity is ECCN 1A004. (g)(2) and (3) and add new paragraph Equipment and Shelters (g)(4). (a) Protective personnel equipment 6. Category XVIII The revisions and additions read as specifically designed, developed, As noted above under the discussion follows: configured, adapted, modified, or for Category XIII, paragraph (h) equipped for military applications. This pertaining to particle beam devices is Category IX—Military Training Equipment and Training includes but is not limited to: moved to this category as a new (1) Body armor; interpretive note designated (g)(2). (a) Training equipment specifically (2) Clothing to protect against or designed, modified, configured or Regulatory Analysis and Notices reduce detection by radar, infrared (IR) adapted for military purposes, including or other sensors at wavelengths greater This amendment involves a foreign but not limited to weapons system than 900 nanometers, and the specially affairs function of the United States and, trainers, radar trainers, gunnery training treated or formulated dyes, coatings, therefore, is not subject to the devices, antisubmarine warfare trainers, and fabrics used in its design, procedures required by 5 U.S.C. 553 and target equipment, armament training manufacture, and production; 554. It is exempt from review under units, pilot-less aircraft trainers, (3) Anti-Gravity suits (G-suits); Executive Order 12866; but has been navigation trainers and human-rated (4) Pressure suits capable of operating reviewed internally by the Department centrifuges. at altitudes above 55,000 feet sea level; of State to ensure consistency with the (b) Simulation devices for the items (5) Atmosphere diving suits designed, purposes thereof. This rule does not covered by this subchapter. developed, modified, configured, or require analysis under the Regulatory (c) Tooling and equipment adapted for use in rescue operations Flexibility Act or the Unfunded specifically designed or modified for the involving submarines controlled by this Mandates Reform Act. It has been found production of articles controlled by this subchapter; not to be a major rule within the category. (6) Helmets specially designed, meaning of the Small Business (d) Components, parts, accessories, developed, modified, configured, or Regulatory Enforcement Act of 1996. It attachments, and associated equipment adapted to be compatible with military will not have substantial direct effects specifically designed, modified, communication hardware or optical on the States, the relationship between configured, or adapted for the articles in sights or slewing devices; the National Government and the States, paragraphs (a), (b) and (c) of this (7) Goggles, glasses, or visors designed or on the distribution of power and category. to protect against lasers or thermal responsibilities among the various (e) Technical data (as defined in flashes discharged by an article subject levels of government. Therefore, it is § 120.10 of this subchapter) and defense to this subchapter. determined that this rule does not have services (as defined in § 120.9 of this (b) Permanent or transportable sufficient federalism implications to subchapter) directly related to the shelters specifically designed and warrant application of consultation defense articles enumerated in modified to protect against the effect of provisions of Executive Orders 12372 paragraphs (a) through (d) of this articles covered by this subchapter as and 13132. category. follows: (f) The following interpretations (1) Ballistic shock or impact; List of Subjects in 22 CFR Parts 121 and explain and amplify terms used in this (2) Nuclear, biological, or chemical 123 category and elsewhere in this contamination. Arms and munitions, Exports. subchapter: (c) Tooling and equipment I Accordingly, for the reasons set forth (1) The weapons systems trainers in specifically designed or modified for the above, Title 22, Chapter I, Subchapter M, paragraph (a) of this category include production of articles controlled by this Parts 121 and 123 are amended as individual crew stations and system category. follows: specific trainers; (d) Components, parts, accessories, (2) The articles in this category attachments, and associated equipment PART 121—UNITED STATES include any end item, components, specifically designed, modified, MUNITIONS LIST accessory, part, firmware, software or configured, or adapted for use with the system that has been designed or I 1. The authority citation for Part 121 articles in paragraphs (a) through (c) of manufactured using technical data and continues to read as follows: this category. defense services controlled by this (e) Technical data (as defined in Authority; Sec. 2, 38, and 71, Pub. L. 90– category; § 120.10 of this subchapter) and defense 629, 90 Stat. 744 (22 U.S.C. 2752, 2278, (3) The defense services and related services (as defined in § 120.9 of this 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105– technical data in paragraph (f) of this subchapter) directly related to the 261, 112 Stat. 1920. category include software and defense articles enumerated in associated databases that can be used to paragraphs (a) through (d) of this § 121.1 General. The United States simulate trainers, battle management, category. Munitions List. test scenarios/models, and weapons (f) The following interpretations * * * * * effects. In any instance when the explain and amplify the terms used in I 2. Section 121.1 is amended as follows: military training transferred to a foreign this category and throughout this I A. Revise Category IX—Military person does not use articles controlled subchapter: (1) The body armor covered Training Equipment, Category X— by the U.S. Munitions List, the training by this category does not include Type

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1, Type 2, Type 2a, or Type 3a as developed, modified, adapted, or (f) Structural materials, including defined by the National Institute of configured for military applications carbon/carbon and metal matrix Justice Classification; (including command, control and composites, plate, forgings, castings, (2) The articles in this category intelligence applications). This welding consumables and rolled and include any end item, components, includes: (1) Military cryptographic extruded shapes that have been accessory, attachment, part, firmware, (including key management) systems, specifically designed, developed, software or system that has been equipment assemblies, modules, configured, modified or adapted for designed or manufactured using integrated circuits, components or defense articles. technical data and defense services software with the capability of (g) Concealment and deception controlled by this category; maintaining secrecy or confidentiality of equipment specifically designed, (3) Pressure suits in paragraph (a) (4) information or information systems, developed, modified, configured or of this category include full and partial including equipment and software for adapted for military application, suits used to simulate normal tracking, telemetry and control (TT&C) including but not limited to special atmospheric pressure conditions at high encryption and decryption; paints, decoys, smoke or obscuration altitude. (2) Military cryptographic (including equipment and simulators and * * * * * key management) systems, equipment, components, parts and accessories assemblies, modules, integrated circuits, specifically designed, developed, Category XII—Fire Control, Range components of software which have the modified, configured or adapted Finder, Optical and Guidance and capability of generating spreading or therefor. Control Equipment hopping codes for spread spectrum (h) Energy conversion devices for * * * * * systems or equipment; producing electrical energy from * (c) Infrared focal plane array (3) Military cryptanalytic systems, nuclear, thermal, or solar energy, or detectors specifically designed, equipment, assemblies, modules, from chemical reaction that are modified, or configured for military use; integrated circuits, components or specifically designed, developed, image intensification and other night software; modified, configured or adapted for sighting equipment or systems (4) Military systems, equipment, military application. specifically designed, modified or assemblies, modules, integrated circuits, (i) Metal embrittling agents. configured for military use; second components or software providing * (j) Hardware and equipment, which generation and above military image certified or certifiable multi-level has been specifically designed or intensification tubes (defined below) security or user isolation exceeding modified for military applications, that specifically designed, developed, Evaluation Assurance Level (EAL) 5 of is associated with the measurement or modified, or configured for military use, the Security Assurance Evaluation modification of system signatures for and infrared, visible and ultraviolet Criteria and software to certify such detection of defense articles. This devices specifically designed, systems, equipment or software; includes but is not limited to signature developed, modified, or configured for (5) Ancillary equipment specifically measurement equipment; reduction military application. Military second designed, developed, modified, adapted, techniques and codes; signature and third generation image or configured for the articles in materials and treatments; and signature intensification tubes and military paragraphs (b)(1), (2), (3), and (4) of this control design methodology. infrared focal plane arrays identified in category. (k) Tooling and equipment this subparagraph are licensed by the (c) Self-contained diving and specifically designed or modified for the Department of Commerce (ECCN underwater breathing apparatus as production of articles controlled by this 6A002A and 6A003A)) when part of a follows: category. commercial system (i.e., those systems (1) Closed and semi-closed (l) Technical data (as defined in originally designed for commercial use). (rebreathing) apparatus; § 120.10 of this subchapter), and defense This does not include any military (2) Specially designed components services (as defined in § 120.9 of this system comprised of non-military and parts for use in the conversion of subchapter) directly related to the specification components. Replacement open-circuit apparatus to military use; defense articles enumerated in tubes or focal plane arrays identified in and, paragraphs (a) through (k) of this this paragraph being exported for (3) Articles exclusively designed for category. (See also, § 123.20 of this commercial systems are subject to the military use with self-contained diving subchapter.) Technical data directly controls of the ITAR. and underwater swimming apparatus. related to the manufacture or * * * * * (d) Carbon/carbon billets and production of any defense articles preforms not elsewhere controlled by enumerated elsewhere in this category Category XIII—Auxiliary Military this subchapter (e.g., Category IV) which that are designated as Significant Equipment are reinforced with continuous Military Equipment (SME) shall itself be (a) Cameras and specialized unidirectional tows, tapes, or woven designed SME. processing equipment therefor, cloths in three or more dimensional (m) The following interpretations photointerpretation, stereoscopic planes (e.g., 3D, 4D) specifically explain and amplify terms used in this plotting, and photogrammetry designed, developed, modified, category and elsewhere in this equipment which are specifically configured or adapted for defense subchapter: designed, developed, modified, adapted, articles. (1) Paragraph (d) of this category does or configured for military purposes, and (e) Armor (e.g., organic, ceramic, not control carbon/carbon billets and components specifically designed or metallic), and reactive armor and preforms where reinforcement in the modified therefor; components, parts and accessories not third dimension is limited to (b) Military Information Security elsewhere controlled by this subchapter interlocking of adjacent layers only, and Assurance Systems and equipment, which have been specifically designed, carbon/carbon 3D, 4D, etc. end items cryptographic devices, software, and developed, modified, configured or that have not been specifically designed components specifically designed, adapted for a military application. or modified for military applications

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(e.g., brakes for commercial aircraft or controlled substance compounded or Republic, Denmark, France, Germany, high speed trains); mixed with any item controlled by this Greece, Hungary, Iceland, Italy, (2) Metal embrittlement agents in subchapter is also subject to the controls Luxembourg, The Netherlands, Norway, paragraph (i) of this category are non- of this category. Poland, Portugal, Spain, Turkey, United lethal weapon substances that alter the * * * * * Kingdom, and the United States) and/or crystal structure of metals within a short one or more countries which have been time span. Metal embrittling agents Category XVIII—Directed Energy designated in accordance with section severely weaken metals by chemically Weapons 517 of the Foreign Assistance Act of changing their molecular structure. * * * * * 1961 as a major non-NATO ally (and as These agents are compounded in (g) * * * defined further in section 644(q) of that various substances to include adhesives, (2) The particle beam systems in Act) for purposes of that Act and the liquids, aerosols, foams and lubricants. paragraph (a)(3) of this category include Arms Export Control Act (Argentina, devices embodying particle beam and Australia, Bahrain, Egypt, Israel, Japan, Category XIV—Toxicological Agents, electromagnetic pulse technology and Jordan, Kuwait, New Zealand, the Including Chemical Agents, Biological associated components and Philippines, Thailand, and the Republic Agents, and Associated Equipment subassemblies (e.g., ion beam current of Korea). * * * * * injectors, particle accelerators for * * * * * * (f) * * * neutral or charged particles, beam Dated: March 17, 2004. * * * * * handling and projection equipment, (4) Individual protection against the beam steering, fire control, and pointing John R. Bolton, chemical and biological agents listed in equipment, test and diagnostic Under Secretary, Arms Control and paragraphs (a) and (b) of this category. instruments, and targets) which are International Security, Department of State. [FR Doc. 04–11415 Filed 5–20–04; 8:45 am] * * * * * specifically designed or modified for (n) * * * directed energy weapon applications. BILLING CODE 4710–25–P (4)(i) The individual protection (3) The articles controlled in this against the chemical and biological category include any end item, agents controlled by this category component, accessory, attachment, part, DEPARTMENT OF DEFENSE includes military protective clothing firmware, software or system that has and masks, but not those items designed been designed or manufactured using Office of the Secretary for domestic preparedness (e.g., civil technical data and defense services defense). Domestic preparedness controlled by this category. 32 CFR Part 199 (4) The articles specifically designed devices for individual protection that RIN 0720–AA76 integrate components and parts or modified for military application identified in this subparagraph are controlled in this category include any TRICARE Program; Inclusion of licensed by the Department of articles specifically developed, Anesthesiologist Assistants as Commerce when such components are: configured, or adapted for military Authorized Providers; Coverage of (A) Integral to the device; application. Cardiac Rehabilitation in Freestanding (B) inseparable from the device; and, * * * * * Cardiac Rehabilitation Facilities (C) incapable of replacement without compromising the effectiveness of the PART 123—LICENSES FOR THE AGENCY: Office of the Secretary, DoD. device. EXPORT OF DEFENSE ARTICLES ACTION: Final rule. (ii) Components and parts identified I in this subparagraph exported for 3. The authority citation for part 123 SUMMARY: This final rule establishes a integration into domestic preparedness continues to read as follows: new category of provider as an devices for individual protection are Authority: Secs. 2, 38, and 71, Pub. L. 90– authorized TRICARE provider and it subject to the controls of the ITAR; 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, and increases the settings where cardiac (5) Technical data and defense 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR rehabilitation can be covered as a services in paragraph (l) include 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. TRICARE benefit. It recognizes 2658; Pub. L. 105–261, 112 Stat. 1920. libraries, databases and algorithms anesthesiologist assistants (AAs) as I specifically designed or modified for 4. Section 123.27 is amended by authorized providers under certain use with articles controlled in paragraph revising paragraph (a)(1) to read as circumstances. It also authorizes cardiac (f) of this category. follows: rehabilitation services, which are already a covered TRICARE benefit (6) The tooling and equipment § 123.27 Special licensing regime for covered by paragraph (l) of this category export to U.S. allies of commercial when provided by hospitals, to be includes molds used to produce communications satellite components, provided in freestanding cardiac protective masks, over-boots, and gloves systems, parts, accessories, attachments rehabilitation facilities. controlled by paragraph (f) and leak and associated technical data. DATES: This rule is effective May 21, detection equipment specifically (a) * * * 2004. Comments on the addition of designed to test filters controlled by (1) The proposed exports or re-exports § 199.6 (c)(3)(iii)(J) will be accepted paragraph (f) of this category. concern exclusively one or more until June 21, 2004. The chart below (7) The resulting product of the countries of the North Atlantic Treaty identifies start Healthcare Delivery dates combination of any controlled or non- Organization (Belgium, Canada, Czech of this rule in various areas.

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Start healthcare T–NEX region/contractor States delivery

North (Health Net Federal Services, Illinois, Indiana, Kentucky, Michigan, Ohio, Wisconsin, West Virginia, Virginia July 1, 2004. Inc.). (except the Northern Virginia/National Capital Area), North Carolina, East- ern Iowa, Rock Island, IL, Fort Campbell catchment area of Tennessee. Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachu- September 1, 2004. setts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Is- land, Vermont, Northern Virginia, West Virginia (portion). South (Humana Military Healthcare Oklahoma, Arkansas and major portions of Texas and Louisiana ...... November 1, 2004. Services). Alabama, Florida, Georgia, Mississippi, Eastern Louisiana, South Carolina, August 1, 2004. Tennessee, small area of Arkansas, New Orleans area. West (TriWest Healthcare Alliance Washington, Oregon, Northern Idaho ...... June 1, 2004. Corp.). California, Hawaii, Alaska ...... July 1, 2004. Arizona, Colorado, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Ne- October 1, 2004. braska, Nevada, New Mexico, North Dakota, South Dakota, western por- tion of Texas, Wyoming.

ADDRESSES: TRICARE Management simply applies that benefit and after a bachelor’s degree that must Activity (TMA), Medical Benefits and reimbursement structure to freestanding include pre-medical courses such as Reimbursement Systems, 16401 East cardiac rehabilitation programs. biology, chemistry, physics, and Centretech Parkway, Aurora, CO 80011– The reader should refer to the calculus. The training also includes 9043. proposed rule that was published on 2,500 hours of direct patient contact of FOR FURTHER INFORMATION CONTACT: Stan April 3, 2003, (68 FR 16247) for detailed clinical rotations in every area of Regensberg, Medical Benefits and information regarding this benefit and anesthesia (i.e., trauma, cardiac, Reimbursement Systems, TMA, (303) reimbursement for it. thoracic, obstetrical, pediatric, etc.). 676–3742. They also noted that the AA training C. Clarification Regarding the Status of programs are nationally accredited by SUPPLEMENTARY INFORMATION: Certified Registered Nurse Anesthetists the Commission on Accreditation of I. Summary of Final Rule Provisions TRICARE is issuing a provision for Allied Health Education Programs certified registered nurse anesthetists (CAAHEP) which accredits training A. Inclusion of Anesthesiologist (CRNAs). It provides a separate programs for 2,100 other allied health Assistants as Authorized Providers designation for CRNAs by clarifying educational programs at 1,300 At present only two types of their existing status in the TRICARE institutions. Presently, there are two AA anesthesia providers may provide program as an independent provider training programs (Case Western services to TRICARE beneficiaries— operating under their state licensure and Medical School and Emory University anesthesiologists and certified registered meeting the requirements for a certified Medical School) with another to begin nurse anesthetists (CRNAs). In some registered nurse anesthetist. shortly (South University Medical areas of the country, anesthesiologist School). Graduates of the programs must assistants, after completing the specified II. Public Comments pass a national certification examination training, being accredited, and, where We received no comments regarding administered by the National Board of required, being licensed by the state also the coverage of cardiac rehabilitation Medical Examiners for the National provide anesthesia services. The Centers services in freestanding cardiac Commission for Certification of for Medicare and Medicaid Services rehabilitation facilities. Anesthesiologist Assistants. This (CMS) already recognizes We received a large number of examination is administered the first anesthesiologist assistants as authorized comments, both in support of and Saturday in June and has a six hour providers (42 CFR 410.69). This final opposed to, our proposal to authorize duration. The exam may occur prior to rule establishes anesthesiologist AAs as TRICARE providers. The graduation; however, all course work assistants as authorized providers under comments were from individuals as and instruction has been completed by the same conditions applied by CMS. well as national organizations the date of the exam. Additional clinical The reader should refer to the representing groups of providers. The experience finishes out the time from proposed rule that was published on following comments were in support of exam to graduation. Upon graduation, April 3, 2003, (68 FR 16247) for detailed our proposal. the AA will be told whether he or she information regarding this action. Comment: A number of has passed the exam. The AA can not anesthesiologists commented that they practice without official notification B. Coverage of Cardiac Rehabilitation in employ AAs and are very satisfied with that he or she has passed the exam. Freestanding Cardiac Rehabilitation their services. Comment: Many commenters noted Centers Comment: A number of commenters that in order to practice their profession, Currently TRICARE provides noted that AAs are recognized by many AAs must pass a national certification coverage/payment for inpatient or commercial insurances and managed examination administered by the outpatient services and/or supplies care plans. National Board of Medical Examiners provided in connection with a cardiac Comment: Many commenters, both for the National Commission for rehabilitation program when provided individuals and national provider Certification of Anesthesiologist by a TRICARE authorized hospital. organizations, described the extensive Assistants. In addition, AAs must have Since hospital based cardiac training that AAs receive. They noted 40 hours of continuing medical rehabilitation is already an established that the training lasts for 24–27 months education every two years and complete benefit under TRICARE, this final rule and includes master’s level coursework a recertification every six years.

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As stated above, we also received a by several states, and are authorized necessary. In addition, a study of number of comments that were opposed under Medicare. whether an allied health professional to our proposal to authorize AAs as Comment: One national provider can safely practice without physician TRICARE providers. Since these organization questioned if recognizing supervision is an entirely different issue comments disagree with our final AAs will increase TRICARE costs. from what we have proposed, since we decision, we provide a response to each Response: It will not. As we stated in will require AAs to be under the direct comment to explain why we have the proposed rule, payment for supervision of a physician. TRICARE elected to authorize AAs as TRICARE anesthesia services provided by an defines direct supervision of an AA by providers. anesthesiologist and an AA under the an anesthesiologist as follows: The Comment: A number of commenters anesthesiologist’s direct supervision anesthesiologist performs a pre- stated that only five states license AAs will never exceed what would have anesthetic examination and evaluation; and questioned why TRICARE should been paid if the services were provided the anesthesiologist prescribes the recognize AAs ‘‘if most of the country only by the anesthesiologist. anesthesia plan; the anesthesiologist Comment: A number of commenters does not recognize the AA practice’’. personally participates in the most noted that the military system requires Response: As stated in the proposed demanding aspects of the anesthesia healthcare providers who can be rule, we will require that AAs comply plan including, if applicable, induction mobilized at a moment’s notice to with all applicable requirements of state and emergence; the anesthesiologist provide quick response in military law and be licensed, where applicable, conflicts. It is not effective to deploy ensures that any procedures in the by the state in which they practice. As AAs who would have to be anesthesia plan that he or she does not described in § 199.6(c)(2) of this part accompanied by an anesthesiologist. perform are performed by a qualified describing conditions of authorization Response: We want to stress that this AA; the anesthesiologist monitors the for individual providers, in jurisdictions final rule affects only services provided course of anesthesia administration at that do not license a specific category of in civilian facilities and is wholly frequent intervals; the anesthesiologist individual professional, certification by separate from services provided within remains physically present and a Qualified Accreditation Organization the military’s direct care system. AAs available for immediate personal is required. As described in § 199.6(c)(3) will not practice in MTFs; they will not diagnosis and treatment of emergencies; of this part, in jurisdictions that do not be commissioned, nor will they deploy the anesthesiologist provides indicated provide for licensure or certification, the to support our troops. post-anesthesia care; the provider must be certified by or eligible Comment: Many commenters anesthesiologist performs no other for full clinical membership in the suggested that TRICARE should conduct services while he or she supervises no appropriate national professional a study on the safety record and cost more than four anesthesiologist association that sets standards for the effectiveness of AAs before recognizing assistants concurrently or a lesser specific profession. The fact that AAs them. number if so limited by the state in are required to be licensed in six states Response: We believe the issue of cost which the procedure is performed. The and not all is not pertinent. Many other effectiveness is moot, as explained Director, TMA, or a designee, shall issue states recognize them, but do not require above. With regard to a study of the TRICARE policies, instructions, them to be licensed and we believe that safety record of AAs, we don’t believe procedures, guidelines, standards, and their qualifications justify TRICARE this is necessary for several reasons. criteria as may be necessary to recognition. First, CMS has recognized AAs for 20 implement the intent of this section. Comment: A national provider years and there have been no issues of TRICARE has modeled its definition of organization noted that AAs have been safety. Second, a national provider direct supervision on the current recognized by Medicare since 1983, and organization stated that the professional Medicare definition of ‘‘medically that CMS considers AAs and CRNAs to liability insurance rates charged to AAs directed anesthesia services,’’ with three be equivalent providers and uses the and nurse anesthetists are the same, and notable variations. First, Medicare uses term ‘‘anesthetist’’ for both professions. there is no evidence to indicate there is the terminology ‘‘medically directed Response: However, TRICARE any difference between AAs and nurse anesthesia services;’’ whereas, TRICARE recognizes the increased training anesthetists with respect to claims filed. uses ‘‘direct supervision.’’ For purposes required by certified registered nurse Perhaps most importantly, two national of definition, such terminology is anesthetists compared to AAs, and as a organizations representing physicians interchangeable. Second, Medicare result, authorizes CRNAs to practice have strongly endorsed our proposal, refers to a qualified individual who independent of physician supervision in and the physician is ultimately the performs anesthesia procedures not those states where the licensure permits. person most responsible for patient rendered by a physician as defined in TRICARE is publishing a provision in safety. Third, AAs will not be Medicare operating instructions. For this rule to clarify CRNAs’ authority to recognized as individual professional TRICARE, a qualified individual who practice independently. providers with the ability to bill performs anesthesia procedures under Comment: Many commenters stated independently, but rather as extenders 32 CFR 199.6(I), established by this final that AAs may not be the solution to of the anesthesiologist who is rule, is an AA. The final difference correct the current national anesthesia responsible for direct supervision of the pertains to the number of AAs an provider shortage, since they must be AA or AAs. anesthesiologist may concurrently supervised by an anesthesiologist. Comment: One commenter noted that supervise. TRICARE and MEDICARE Response: We did not propose when CMS proposed allowing CRNAs to both require that ‘‘the anesthesiologist authorizing AAs in order to alleviate practice without physician supervision performs no other services while he or any provider shortage or to solve any in 1997 this was opposed, and the final she supervises no more than four other problem. Our proposal was based rule called for a patient safety study to anesthesiologist assistants on the fact that they are certified by a be conducted. The commenter believes concurrently’’ however TRICARE nationally recognized organization, are a AAs should be included in this study. includes additional language to indicate recognized provider in many states and Response: As stated above, we do not that in cases where state law further by many third-party payers, are licensed believe a study of the safety of AAs is restricts the number of AAs an

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Anesthesiologist can concurrently mathematics, and physics which are The Regulatory Flexibility Act (RFA) supervise TRICARE will defer to state usually required for graduate study or requires that each Federal agency law. The relevant phrase states ‘‘or a its equivalent in the basic medical prepare, and make available for public lesser number if so limited by the state sciences.’’ comment, a regulatory flexibility in which the procedure is performed.’’ analysis when the agency issues a III. Changes in the Final Rule Comment: One commenter noted that regulation which would have a our proposed rule stated that AAs will We have made no changes to the significant impact on a substantial be authorized under the same provisions on coverage of cardiac number of small entities. conditions applied by CMS and rehabilitation in freestanding cardiac This is not a significant regulatory questioned if that means that all CMS rehabilitation centers. However, based action under EO 12866 and has been rules relating to anesthesia apply to AAs on comments we received on the reviewed by the Office of Management or just some. Also, will the CMS proposed rule, we have made several and Budget. In addition, we certify that medical direction rules apply, and what changes to the final rule language this final rule will not significantly does direct supervision mean? regarding the inclusion of affect a substantial number of small Response: We intend to apply all the anesthesiologist assistants as authorized entities. CMS rules to AAs who provide services providers. to TRICARE beneficiaries. However, we The profession’s name is singular and Paperwork Reduction Act are adding one additional condition not singular possessive as we used it in This rule imposes no burden as regarding the medical direction of AAs. the proposed rule. Accordingly, the defined by the Paperwork Reduction CMS allows physicians to provide final rule uses ‘‘anesthesiologist Act of 1995. concurrent medical direction of up to assistant’’. four AAs or CRNAs. We will use that It was suggested that we delete the List of Subjects in 32 CFR Part 199 standard in general, but we will also term ‘‘Master’s level medical school- Claims, Handicapped, Health require that if a state has a more based’’ in describing the required AA Insurance, Military personnel. stringent requirement, the state’s programs in order to reflect changes in I Accordingly, 32 CFR part 199 is requirement must be followed. Direct CAAHEP accreditation standards that amended as follows: supervision means the same as medical permit a shared program between a direction under CMS, and we have medical school and a university PART 199—[AMENDED] expanded the regulatory section to program outside the medical school. We I 1. The authority citation for Part 199 include those requirements. reviewed the accreditation standards continues to read as follows: Comment: One commenter asked if and, based on that, we have changed the AAs must be licensed or can they wording to require that the program be Authority: 5 U.S.C. 301; 10 U.S.C. Chapter practice under a form of delegated established under the auspices of a 55. medicine? medical school rather than be ‘‘medical I 2. Section 199.4 is amended by Response: As stated in the proposed school-based’’. However, we are revising paragraph (e)(18)(iv) to read as rule, AAs must comply with all retaining the language regarding follows. applicable requirements of state law and Master’s level for clarity. be licensed, where applicable. It was also suggested that when we § 199.4 Basic program benefits. Therefore, they must be licensed only refer to the Committee on Allied Health * * * * * where a state requires them to be Education and Accreditation we include (e) * * * licensed. In other states, they may the words ‘‘or its successor (18) * * * practice as unlicensed providers under organization’’. We have done this in the (iv) Providers. A provider of cardiac the delegated authority of a physician as final rule. rehabilitation services must be a permitted by state law. As stated in our response to the TRICARE authorized hospital (see Comment: One commenter noted that public comments, we have added § 199.6 (b)(4)(i)) or a freestanding the proposed rule states that an AA language to the regulatory provisions to cardiac rehabilitation facility that meets program must build on a premedical ensure clarity of what is required for the requirements of § 199.6 (f). All undergraduate science background but direct supervision. cardiac rehabilitation services must be stated that neither currently existing AA Lastly, we have within this final rule ordered by a physician. educational program requires a included a provision to provide a * * * * * premedical major. The commenter separate designation for certified I 3. Section 199.6 is amended by asked if this means the programs will registered nurse anesthetists (CRNAs) by redesignating paragraph (c)(3)(iii)(I) as have to change their requirements. clarifying their existing status in the paragraph (c)(3)(iii)(K) and adding new Response: The AA programs will not TRICARE program as an independent paragraphs (c)(3)(iii)(I) and (c)(3)(iii)(J)) have to change their requirements. The provider operating under their state to read as follows: proposed rule and the final rule require licensure and meeting the requirements only that the AA program must build on for a certified registered nurse § 199.6 Authorized providers. a premedical science background. It anesthetist. * * * * * does not require that the participant IV. Regulatory Procedures (c) * * * have a premedical science major. It is (3) * * * important to note that both programs Executive Order (EO) 12866 requires (iii) * * * require extensive undergraduate science that a comprehensive regulatory impact (I) Anesthesiologist Assistant. An coursework. In addition, the analysis be performed on any anesthesiologist assistant may provide accreditation standard for AA programs economically significant regulatory covered anesthesia services, if the as required by the Commission on action, defined as one which would anesthesiologist assistant: Accreditation of Allied Health result in an annual effect of $100 (1) Works under the direct Education Programs requires million or more on the national supervision of an anesthesiologist who undergraduate coursework that includes economy or which would have other bills for the services and for each ‘‘studies in biology, chemistry, substantial impacts. patient;

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(i) The anesthesiologist performs a Dated: May 17, 2004. ACTION: Temporary final rule. pre-anesthetic examination and L.M. Bynum, evaluation; Alternate OSD Federal Register, Liaison SUMMARY: The Coast Guard is (ii) The anesthesiologist prescribes the Officer, Department of Defense. establishing safety zones on the waters anesthesia plan; [FR Doc. 04–11464 Filed 5–20–04; 8:45 am] of the Columbia River and the Willamette River, during fireworks (iii) The anesthesiologist personally BILLING CODE 5001–06–P participates in the most demanding displays. The Captain of the Port, aspects of the anesthesia plan including, Portland, Oregon, is taking this action to if applicable, induction and emergence; DEPARTMENT OF HOMELAND safeguard watercraft and their occupants (iv) The anesthesiologist ensures that SECURITY from safety hazards associated with any procedures in the anesthesia plan these displays. Entry into these safety that he or she does not perform are Coast Guard zones is prohibited unless authorized by performed by a qualified the Captain of the Port. anesthesiologist assistant; 33 CFR Parts 100 and 165 DATES: This regulation is effective from 9:45 p.m. on July 10, 2004, until 9:45 (v) The anesthesiologist monitors the [USCG–2004–17638] course of anesthesia administration at p.m. on September 2, 2004. frequent intervals; Quarterly Listings; Safety Zones, ADDRESSES: Comments and material (vi) The anesthesiologist remains Security Zones, and Special Local received from the public, as well as physically present and available for Regulations documents indicated in this preamble as immediate personal diagnosis and being available in the docket, are treatment of emergencies; AGENCY: Coast Guard, DHS. available for inspection or copying at (vii) The anesthesiologist provides ACTION: Correcting amendments. the U.S. Coast Guard MSO/Group indicated post-anesthesia care; and SUMMARY: The Coast Guard published a Portland, 6767 N. Basin Ave., Portland, (viii) The anesthesiologist performs no document in the Federal Register on Oregon 97217 between 7 a.m. and 4 other services while he or she May 4, 2004 (69 FR 24513), providing p.m., Monday through Friday, except supervises no more than four required notice of substantive rules Federal holidays. anesthesiologist assistants concurrently issued by the Coast Guard and FOR FURTHER INFORMATION CONTACT: or a lesser number if so limited by the temporarily effective between January 1, Lieutenant Junior Grade Ryan Wagner, state in which the procedure is 2004 and March 31, 2004. The c/o Captain of the Port, Portland 6767 N. performed. document incorrectly used docket Basin Avenue, Portland, Oregon 97217, (2) Is in compliance with all number USCG–2004–17636. This (503) 240–2584. applicable requirements of state law, document revises the docket number. SUPPLEMENTARY INFORMATION: including any licensure requirements DATES: the state imposes on nonphysician This correction is effective May Regulatory Information anesthetists; and 17, 2004. FOR FURTHER INFORMATION CONTACT: For We did not publish a notice of (3) Is a graduate of a Master’s level proposed rulemaking (NPRM) for this anesthesiologist assistant educational questions on this notice contact LT Jeff Bray, Office of Regulations and regulation. Under 5 U.S.C. 553(b)(B) and program that is established under the 5 U.S.C. 553(d)(3), the Coast Guard finds auspices of an accredited medical Administrative Law, telephone (202) 267–2830. that good cause exists for not publishing school and that: an NPRM and for making this rule SUPPLEMENTARY INFORMATION: In FR Doc. (i) Is accredited by the Committee on effective less than 30 days after 04–9955 appearing on page 24513 in the Allied Health Education and publication in the Federal Register. Federal Register of Tuesday, May 4, Accreditation, or its successor Publishing a NPRM and incorporating 2004, make the following correction: organization; and these events into 33 CFR 165.13–1315 I (ii) Includes approximately two years 1. On page 24513, in the first column, would be contrary to public interest of specialized basic science and clinical the notice’s docket number is revised to since the dates for these three events education in anesthesia at a level that read as follows: [USCG–2004–17638]. will not always fall on the same day in builds on a premedical undergraduate Dated: May 17, 2004. future years. In addition, immediate science background. S. G. Venckus, action is necessary to ensure the safety (4) The Director, TMA, or a designee, Chief, Office of Regulations and of vessels and spectators gathering in shall issue TRICARE policies, Administrative Law. the vicinity of the various fireworks instructions, procedures, guidelines, [FR Doc. 04–11571 Filed 5–20–04; 8:45 am] launching barges and displays. standards, and criteria as may be BILLING CODE 4910–15–P necessary to implement the intent of Background and Purpose this section. The Coast Guard is establishing (J) Certified Registered Nurse DEPARTMENT OF HOMELAND temporary safety zones to allow for safe Anesthetist (CRNA). A certified SECURITY fireworks displays. All events occur registered nurse anesthetist may provide within the Captain of the Port’s, covered care independent of physician Coast Guard Portland, OR, Area of Responsibility referral and supervision as specified by (AOR). These events may result in a state licensure. For purposes of 33 CFR Part 165 number of vessels congregating near CHAMPUS, a certified registered nurse [CGD13–04–020] fireworks launching barges and sites. anesthetist is an individual who: The safety zones are needed to protect (1) Is a licensed, registered nurse; and RIN 1625–AA00 watercraft and their occupants from (2) Is certified by the Council on safety hazards associated with fireworks Certification of Nurse Anesthetists, or Safety Zones: Fireworks Displays in the Captain of the Port, Portland Zone displays. These safety zones will be its successor organization. enforced by representatives of the * * * * * AGENCY: Coast Guard, DHS. Captain of the Port, Portland, Oregon.

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The Captain of the Port may be assisted jurisdiction and you have questions Energy Effects concerning its provisions or options for by other Federal and local agencies. We have analyzed this rule under compliance, please contact the person Regulatory Evaluation Executive Order 13211, Actions listed in the FOR FURTHER INFORMATION Concerning Regulations That This rule is not a ‘‘significant CONTACT section. regulatory action’’ under section 3(f) of Significantly Affect Energy Supply, Executive Order 12866 and does not Collection of Information Distribution, or Use. We have require an assessment of potential costs This rule calls for no new collection determined that it is not a ‘‘significant and benefits under section 6(a)(3) of that of information under the Paperwork energy action’’ under that order because Order. The Office of Management and Reduction Act of 1995 (44 U.S.C. 3501– it is not a ‘‘significant regulatory action’’ Budget has not reviewed this rule under 3520). under Executive Order 12866 and is not that Order. This rule is not ‘‘significant’’ likely to have a significant adverse effect Federalism under the regulatory policies and on the supply, distribution, or use of procedures of the Department of We have analyzed this rule under energy. It has not been designated by the Homeland Security (DHS). This Executive Order 13132 and have Administrator of the Office of expectation is based on the fact that the determined that this final rule does not Information and Regulatory Affairs as a regulated areas established by the have implications for federalism under significant energy action. Therefore, it regulation will encompass small that Order. does not require a Statement of Energy Effects under Executive Order 13211. portions of rivers in the Portland AOR Unfunded Mandates Reform Act on different dates, all in the evening Environment when vessel traffic is low. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) governs The Coast Guard considered the Small Entities the issuance of Federal regulations that environmental impact of this rule and Under the Regulatory Flexibility Act require unfunded mandates. An concluded that, under figure 2–1, (5 U.S.C. 601 et seq.), we considered unfunded mandate is a regulation that paragraph (34)(g) of Commandant whether this rule would have a requires a State, local, or tribal Instruction M16475.1D, this rule is significant economic impact on a government or the private sector to categorically excluded from further substantial number of small entities. incur direct costs without the Federal environmental documentation. A The term ‘‘small entities’’ includes Government’s having first provided the Categorical Exclusion is provided for small businesses, not-for-profit funds to pay those unfunded mandate temporary safety zones of less than one organizations that are independently costs. This rule will not impose an week in duration. owned and operated and are not unfunded mandate. List of Subjects in 33 CFR Part 165 dominant in their fields, and Taking of Private Property governmental jurisdictions with Harbors, Marine safety, Navigation populations of less than 50,000. This This rule will not effect a taking of (water), Reporting and Recordkeeping rule will affect the following entities, private property or otherwise have Requirements, Security measures, some of which may be small entities: taking implications under Executive Waterways. Order 12630, Governmental Actions and the owners or operators of vessels I Interference with Constitutionally For the reasons discussed in the intending to transit a portion of the Protected Property Rights. preamble, the Coast Guard amends 33 Willamette River during the times CFR part 165 as follows: mentioned under Background and Civil Justice Reform Purpose. These safety zones will not This rule meets applicable standards PART 165—REGULATED NAVIGATION have significant economic impact on a in sections 3(a) and 3(b)(2) of Executive AREAS AND LIMITED ACCESS AREAS substantial number of small entities for Order 12988, Civil Justice Reform, to I the following reasons. This rule will be 1. The authority citation for part 165 minimize litigation, eliminate continues to read as follows: in effect for only 1 hour during three ambiguity, and reduce burden. evenings when vessel traffic is low. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Traffic will be allowed to pass through Protection of Children Chapter 701; 50 U.S.C. 191, 195; 33 CFR the zone with the permission of the We have analyzed this rule under 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. Captain of the Port or his designated 107–295, 116 Stat. 2064; Department of Executive Order 13045, Protection of Homeland Security Delegation No. 0170.1. representatives on scene, if safe to do so. Children from Environmental Health Because the impacts of this rule are Risks and Safety Risks. This rule is not I 2. Temporarily add section 165.T13– expected to be so minimal, the Coast an economically significant rule and 002 to read as follows: Guard certifies under 5 U.S.C. 605(b) of does not concern an environmental risk the Regulatory Flexibility Act (5 U.S.C. to health or risk to safety that may § 165.T13–002 Safety Zones for 601 et seq.) that this rule will not have disproportionately affect children. fireworks events in the Captain of the Port Portland Zone. a significant economic impact on a Indian Tribal Governments substantial number of small entities. (a) Safety Zones. The following areas This rule does not have tribal are designated safety zones: Assistance for Small Entities implications under Executive Order (1) Rainier Days Fireworks Under section 213(a) of the Small 13175, Consultation and Coordination Celebration, Rainier, OR Business Regulatory Enforcement with Indian tribal governments, because (i) Location. All water of the Fairness Act of 1996 (Pub. L. 104–121), it does not have a substantial direct Columbia River enclosed by the we want to assist small entities in effect on one or more Indian tribes, on following points: 46°06′04″ N, understanding the rule so that they can the relationship between the Federal 122°56′35″ W following the shoreline to better evaluate its effects on them and government and Indian tribes, or on the 46°05′53″ N 122°55′58″ W then south to participate in the rulemaking process. If distribution of power and 46°05′24″ N 122°55′58″ W following the the rule will affect your small business, responsibilities between the Federal shoreline to 46°05′38″ N 122°56′35″ W organization, or governmental government and Indian tribes. then back to the point of origin.

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(ii) Enforcement period. 9:45 p.m. Juan prior to entering this temporary these security zones in order to (P.d.t.) to 10:45 p.m. (P.d.t.) on July 10, security zone. minimize unnecessary burdens. If you 2004. DATES: This rule is effective from April do so, please include your name and (2) Astoria Regatta Fireworks Show, 16, 2004, until October 16, 2004. address, identify the docket number for Astoria, OR ADDRESSES: You may mail comments this rulemaking (COTP San Juan–04– (i) Location. All water of the and related material to Marine Safety 044), indicate the specific section of this Columbia River enclosed by the document to which each comment ° ′ ″ Office San Juan, 5 Calle La Puntilla, San following points: 46 11 51 N Juan, PR 00901. Marine Safety Office applies, and give the reason for each 123°49′46″ W east to 46°11′52″ N comment. Please submit all comments ° ′ ″ ° ′ ″ San Juan maintains the public docket 123 49 03 W south to 46 11 27 N for this rulemaking. Comments and and related material in an unbound 123°49′03″ W following the shoreline to format, no larger than 81⁄2 by 11 inches, ° ′ ″ ° ′ ″ material received from the public, as 46 11 26 N 123 49 46 W then back to well as documents indicated in this suitable for copying. If you would like the point of origin. preamble as being available in the to know they reached us, please enclose (ii) Enforcement period. 9:45 p.m. docket, will become part of this docket a stamped, self-addressed postcard or (P.d.t.) to 10:45 p.m. (P.d.t.) on August and will be available for inspection or envelope. We will consider all 14, 2004. copying at the Marine Safety Office comments and material received during the comment period. We may change (3) Oregon Symphony Concert between 7 a.m. and 3:30 p.m. Monday this temporary final rule in view of Fireworks Display, Portland, OR through Friday, except Federal holidays. (i) Location. All waters of the them. FOR FURTHER INFORMATION CONTACT: LT Willamette River bounded by the Background and Purpose Hawthorne Bridge to the north, Kevin Reed, Marine Safety Office San Marquam Bridge to the south, and Juan, Puerto Rico at (787) 289–0739. Based on the September 11, 2001, shoreline to the east and west. SUPPLEMENTARY INFORMATION: terrorist attacks and recent increases in maritime security concerns, there is an (ii) Enforcement period. 8:45 p.m. Regulatory Information (P.d.t.) to 9:45 p.m. on September 2, increased risk that subversive activity 2004. We did not publish a notice of could be launched by vessels or persons (b) Regulations. In accordance with proposed rulemaking (NPRM) for this in close proximity to the HOVENSA the general regulations in Section regulation. Under 5 U.S.C. 553(b)(B), the refinery on St. Croix, USVI against tank 165.23 of this part, no person or vessel Coast Guard finds that good cause exists vessels and the waterfront facility. may enter or remain in this zone unless for not publishing a NPRM. Publishing Given the highly volatile nature of the authorized by the Captain of the Port or a NPRM and delaying the rule’s substances stored at the HOVENSA his designated representatives. effective date would be contrary to the facility, this security zone is necessary public interest since immediate action is to decrease the risk that subversive Dated: April 27, 2004. needed to protect the public, ports and activity could be launched against the Paul D. Jewell, waterways of the United States. HOVENSA facility. The Captain of the Captain, U.S. Coast Guard, Captain of the For the same reasons, under 5 U.S.C. Port San Juan is reducing this risk by Port. 553(d)(3), the Coast Guard finds that prohibiting all vessels without a [FR Doc. 04–11392 Filed 5–20–04; 8:45 am] good cause exists for making this rule scheduled arrival from coming within 3 BILLING CODE 4910–15–P effective less than 30 days after miles of the HOVENSA facility unless publication in the Federal Register. specifically permitted by the Captain of Similar temporary security zones have the Port San Juan, or that officer’s DEPARTMENT OF HOMELAND been established over the past few years designated representative. The Captain SECURITY and published in the Federal Register: of the Port San Juan can be reached on 67 FR 2332, January 17, 2002; 67 FR VHF Marine Band Radio, Channel 16 Coast Guard 57952, September 13, 2002; 67 FR (156.8 Mhz) or by calling (787) 289– 22296, April 28, 2003; 67 FR 41081, July 2040, 24 hours a day, 7 days a week. 33 CFR Part 165 10, 2003; and 69 FR 6150, February 10, The HOVENSA Facility Port Captain [COTP San Juan–04–044] 2004. However, the last in this series of can be reached on VHF Marine Band temporary final rules expired April 15, RIN 1625–AA00 Radio channel 11 (156.6 Mhz) or by 2004. We did not receive any comments calling (340) 692–3488, 24 hours a day, Security Zone; St. Croix, United States on these past temporary final rules. seven days a week. Virgin Islands The Captain of the Port San Juan has The temporary security zone is determined that due to the continued defined by a triangular area that extends AGENCY: Coast Guard, DHS. risk and recent increases in maritime 3 miles seaward from the HOVENSA ACTION: Temporary final rule; request for security concerns, there is the need to facility and encompasses the waters of comments. continue to have this regulation in Limetree Bay and Limetree Channel, as place. The Coast Guard intends to outlined by the following coordinates: SUMMARY: The Coast Guard is publish a notice of proposed rulemaking 17°41′32″N, 64°45′09″W; thence to establishing a temporary security zone to create a permanent security zone. 17°41′44″N, 64°44′39″W; thence to in the vicinity of the HOVENSA refinery 17°38′30″N, 64°43′12″W; thence Request for Comments facility on St. Croix, U.S. Virgin Islands returning to the beginning point at encompassing the waters of Limetree Although the Coast Guard has good 17°41′39″N, 64°45′09″W. The security Bay and Limetree Bay Channel. This cause to implement this regulation zone does not include the waters of the security zone is needed for national without a notice of proposed Cross Channel and Krause Lagoon security reasons to protect the public rulemaking, we want to afford the Channel. and the HOVENSA facility from public the opportunity to participate in potential subversive acts. All vessels this rulemaking by submitting Regulatory Evaluation must receive permission from the U.S. comments and related material This rule is not a significant Coast Guard Captain of the Port San regarding the size and boundaries of regulatory action under section 3(f) of

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Executive Order 12866, Regulatory Small businesses may send comments Indian Tribal Governments Planning and Review, and does not on the actions of Federal employees require an assessment of potential costs who enforce, or otherwise determine This rule does not have tribal and benefits under section 6(a)(3) of that compliance with, Federal regulations to implications under Executive Order Order. The Office of Management and the Small Business and Agriculture 13175, Consultation and Coordination Budget has not reviewed it under that Regulatory Enforcement Ombudsman with Indian Tribal Governments, order. It is not significant under the and the Regional Small each agency’s because it would not have a substantial regulatory policies and procedures of responsiveness to small business. If you direct effect on one or more Indian the Department of Homeland Security wish to comment on actions by tribes, on the relationship between the (DHS) because this zone covers an area employees of the Coast Guard, call 1– Federal Government and Indian tribes, that is not typically used by commercial 888–REG–FAIR (1–888–734–3247). or on the distribution of power and vessel traffic, including fishermen, and responsibilities between the Federal vessels may be allowed to enter the zone Collection of Information Government and Indian tribes. We on a case-by-case basis with the This rule would call for no new invite your comments on how this permission of the Captain of the Port collection of information under the proposed rule might impact tribal San Juan. Paperwork Reduction Act of 1995 (44 governments, even if that impact may U.S.C. 3501–3520). Small Entities not constitute a ‘‘tribal implication’’ under the Order. Under the Regulatory Flexibility Act Federalism (5 U.S.C. 601–612), the Coast Guard A rule has implications for federalism Energy Effects considered whether this rule would under Executive Order 13132, have a significant economic effect upon Federalism, if it has a substantial direct We have analyzed this rule under a substantial number of small entities. effect on State or local governments and Executive Order 13211, Actions ‘‘Small entities’’ include small would either preempt State law or Concerning Regulations That businesses, not-for-profit organizations impose a substantial direct cost of Significantly Affect Energy Supply, that are independently owned and compliance on them. We have analyzed Distribution, or Use. We have operated and are not dominant in their this rule under that Order and have determined that it is not a ‘‘significant fields, and governmental jurisdictions determined that it does not have energy action’’ under that order because with populations of less than 50,000. implications for federalism. it is not a ‘‘significant regulatory action’’ This rule may affect the following under Executive Order 12866 and is not entities, some of which may be small Unfunded Mandates Reform Act likely to have a significant adverse effect entities: owners of small charter fishing The Unfunded Mandates Reform Act on the supply, distribution, or use of or diving operations that operate near of 1995 (2 U.S.C. 1531–1538) requires energy. The Administrator of the Office the HOVENSA facility. The Coast Guard Federal agencies to assess the effects of of Information and Regulatory Affairs certifies under 5 U.S.C. 605(b) that this their discretionary regulatory actions. In has not designated it as a significant rule will not have a significant particular, the Act addresses actions energy action. Therefore, it does not economic impact on a substantial that may result in the expenditure by a require a Statement of Energy Effects number of small entities because this State, local, or tribal government, in the under Executive Order 13211. zone covers an area that is not typically aggregate, or by the private sector of used by commercial fishermen and $100,000,000 or more in any one year. Environment vessels may be allowed to enter the zone Though this rule would not result in We have analyzed this proposed rule on a case by case basis with the such an expenditure, we do discuss the under Commandant Instruction permission of the Captain of the Port effects of this rule elsewhere in this M16475.lD, which guides the Coast San Juan. preamble. If you think that your business, Guard in complying with the National organization, or governmental Taking of Private Property Environmental Policy Act of 1969 jurisdiction qualifies as a small entity This rule would not effect a taking of (NEPA) (42 U.S.C. 4321–4370f), and and that this rule would have a private property or otherwise have have concluded that there are no factors significant economic impact on it, taking implications under Executive in this case that would limit the use of please submit a comment (see Order 12630, Governmental Actions and a categorical exclusion under section ADDRESSES) explaining why you think it Interference with Constitutionally 2.B.2 of the Instruction. Therefore, this qualifies and how and to what degree Protected Property Rights. rule is categorically excluded, under this rule would economically affect it. figure 2–1, paragraph (34)(g), of the Civil Justice Reform Instruction, from further environmental Assistance for Small Entities This rule meets applicable standards documentation. An ‘‘Environmental Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive Analysis Check List’’ and a ‘‘Categorical Business Regulatory Enforcement Order 12988, Civil Justice Reform, to Exclusion Determination’’ (CED) are Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate available in the docket where indicated we offer to assist small entities in ambiguity, and reduce burden. under ADDRESSES. understanding this rule so that they can better evaluate its effects on them and Protection of Children List of Subjects in 33 CFR Part 165 participate in the rulemaking process. If We have analyzed this rule under Harbors, Marine safety, Navigation the rule will affect your small business, Executive Order 13045, Protection of (water), Reporting and recordkeeping organization, or government jurisdiction Children from Environmental Health requirements, Security measures, and you have questions concerning its Risks and Safety Risks. This rule is not Waterways. provisions or options for compliance, an economically significant rule and please contact the person listed under would not create an environmental risk I For the reasons discussed in the FOR FURTHER INFORMATION CONTACT for to health or risk to safety that might preamble, the Coast Guard amends 33 assistance in understanding this rule. disproportionately affect children. CFR part 165 as follows:

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PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION enhanced inspection and maintenance AREAS AND LIMITED ACCESS AREAS AGENCY (I/M) program. New Jersey made several amendments to its I/M rules to comply I 1. The authority citation for part 165 40 CFR Part 52 with EPA regulations and to improve continues to read as follows: [Region II Docket No. NJ68–275, FRL–7661– performance of the program and requested that the SIP be revised to Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 1] include these changes. Chief among the Chapter 701; 50 U.S.C. 191, 195; 33 CFR Approval and Promulgation of amendments EPA proposed to approve 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Implementation Plans; New Jersey; is New Jersey’s On-Board Diagnostic Homeland Security Delegation No. 0170.1. Motor Vehicle Enhanced Inspection (OBD) program. A detailed description and Maintenance Program of New Jersey’s submittals and EPA’s I 2. From April 16, 2004, until October rationale for the proposed action were AGENCY: 16, 2004, add § 165.T07–101 to read as Environmental Protection presented in the December 15, 2003 follows: Agency (EPA). proposal, referenced above, and will not ACTION: Final rule. be restated here. § 165.T07–101 Security Zone; HOVENSA Refinery, St. Croix, U.S. Virgin Islands. SUMMARY: EPA is approving a request II. Public Comments on the Proposed from New Jersey to revise its State Action (a) Location. The following area is a Implementation Plan (SIP) to security zone: All waters from surface to incorporate revisions to the enhanced No comments were received for the bottom encompassed by a line inspection and maintenance (I/M) proposed rulemaking published in the connecting the following coordinates program. New Jersey has made several December 15, 2003 Federal Register. based on the NAD 83: The point at amendments to its I/M rules to comply III. Final Action 17°41′32″ North, 64°45′09″ West; thence with EPA regulations and to improve to 17°41′44″ North, 64°44′39″ West; performance of the program and has EPA is taking final action to approve thence to 17°38′30″ North, 64°43′12″ requested that the SIP be revised to New Jersey’s OBD I/M program and West; thence returning to the beginning include these changes. Chief among the additional changes to the I/M SIP point at 17°41′32″ North, 64°45′09″ amendments EPA is approving is New discussed in the Notice of Proposed West. Jersey’s On-Board Diagnostic (OBD) Rulemaking titled ‘‘Approval and program. EPA is approving New Jersey’s Promulgation of Implementation Plans; (b) Regulations. Under § 165.33, with latest I/M rule changes. The intended New Jersey; Motor Vehicle Enhanced the exception of vessels with scheduled effect of this action is to maintain Inspection and Maintenance Program.’’ arrivals to the HOVENSA Facility, no consistency between the State-adopted EPA is approving the request for the vessel may enter the regulated area rules and the federally approved SIP. exemption of OBD-eligible gasoline- unless specifically authorized by the DATES: Effective Date: This rule will be fueled and bi-fueled school buses from Captain of the Port San Juan (COTP) or effective June 21, 2004. enhanced I/M inspection, and for a Coast Guard commissioned, warrant, leasing companies and out-of-state ADDRESSES: Copies of the state submittal or petty officer designated by the dealerships to be allowed to issue are available at the following addresses Captain of the Port. The Captain of the temporary inspection decals. The SIP for inspection during normal business revision also incorporated several Port will notify the public of any hours: changes in the status of this zone by features of the current New Jersey Environmental Protection Agency, Marine Safety Radio Broadcast on VHF Enhanced Inspection and Maintenance Region 2 Office, Air Programs Branch, Marine Band Radio, Channel 16 (156.8 program, such as, the increase of the 290 Broadway, 25th Floor, New York, Mhz). The Captain of the Port San Juan minimum cost expenditure value for the New York 10007–1866. issuance of a waiver from $200 to $450; can be reached on VHF Marine Band Environmental Protection Agency, Air the exemption from dynamometer Radio, Channel 16 (156.8 Mhz) or by and Radiation Docket and Information testing any motor vehicle ‘‘with a calling (787) 289–2040, 24 hours a day, Center, Air Docket (6102), 401 M chassis height that has been modified so 7 days a week. The HOVENSA Facility Street, SW., Washington, DC 20460. as to make its operation on a Port Captain can be reached on VHF New Jersey Department of dynamometer either impractical or Marine Band Radio channel 11 (156.6 Environmental Protection, Bureau of hazardous’’; and the removal of all Mhz) or by calling (340) 692–3488, 24 Air Quality Planning, 401 East State references to the evaporative pressure hours a day, 7 days a week. Street, CN027, Trenton, New Jersey and purge test, while retaining the 08625. Dated: April 16, 2004. evaporative fuel cap leak test; and William J. Uberti, FOR FURTHER INFORMATION CONTACT: additional amendments to clarify Captain, U.S. Coast Guard, Captain of the Reema Persaud, Air Programs Branch, definitions and other aspects of the Port, San Juan. 290 Broadway, 25th Floor, New York, program. The State demonstrated there NY 10007–1866, (212) 637–4249, [FR Doc. 04–11587 Filed 5–20–04; 8:45 am] is no adverse impact to air quality with [email protected]. the exemption of new cars from BILLING CODE 4910–15–P SUPPLEMENTARY INFORMATION: inspection for four years, as opposed to two years, and the change in the I. Background minimum cost expenditure value for the On December 15, 2003 (68 FR 69637), issuance of a waiver, from $200 to $450. EPA published a notice of proposed Please refer to the proposed rulemaking rulemaking regarding a State 68 FR 69637 for further details on all Implementation Plan (SIP) revision approved measures. EPA’s authority to submitted by the State of New Jersey. approve New Jersey’s enhanced I/M The notice proposed to approve a program is set forth at sections 110 and revision to the SIP for New Jersey’s 182 of the Clean Air Act.

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IV. Administrative Requirements standards (VCS), EPA has no authority PART 52—[AMENDED] Under Executive Order 12866 (58 FR to disapprove a SIP submission for I 1. The authority citation for part 52 51735, October 4, 1993), this action is failure to use VCS. It would thus be continues to read as follows: not a ‘‘significant regulatory action’’ and inconsistent with applicable law for therefore is not subject to review by the EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq. Office of Management and Budget. For to use VCS in place of a SIP submission this reason, this action is also not that otherwise satisfies the provisions of Subpart FF—New Jersey subject to Executive Order 13211, the Clean Air Act. Thus, the I 2. Section 52.1570 is amended by ‘‘Actions Concerning Regulations That requirements of section 12(d) of the adding new paragraph (c)(76) to read as Significantly Affect Energy Supply, National Technology Transfer and follows: Distribution, or Use’’ (66 FR 28355, May Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does 22, 2001). This action merely approves § 52.1570 Identification of plan. state law as meeting Federal not impose an information collection burden under the provisions of the * * * * * requirements and imposes no additional (c) * * * requirements beyond those imposed by Paperwork Reduction Act of 1995 (44 state law. Accordingly, the U.S.C. 3501 et seq.). * * * * * The Congressional Review Act, 5 Administrator certifies that this rule (76) Revisions to the New Jersey State U.S.C. 801 et seq., as added by the Small will not have a significant economic Implementation Plan (SIP) concerning Business Regulatory Enforcement impact on a substantial number of small the Enhanced Inspection and Fairness Act of 1996, generally provides entities under the Regulatory Flexibility Maintenance Program, submitted on that before a rule may take effect, the Act (5 U.S.C. 601 et seq.). Because this August 13, 2003 by the New Jersey agency promulgating the rule must rule approves pre-existing requirements Department of Environmental Protection submit a rule report, which includes a under state law and does not impose (NJDEP). copy of the rule, to each House of the any additional enforceable duty beyond (i) Incorporation by reference: Congress and to the Comptroller General that required by state law, it does not (A) Title 13, Chapter 20 of the NJAC: of the United States. EPA will submit a contain any unfunded mandate or Subchapter 7, ‘‘Vehicle Inspections’’ report containing this rule and other significantly or uniquely affect small (Section: 7.1); Subchapter 26, required information to the U.S. Senate, governments, as described in the ‘‘Compliance With Diesel Emission the U.S. House of Representatives, and Unfunded Mandates Reform Act of 1995 Standards and Equipment, Periodic the Comptroller General of the United (Pub. L. 104–4). Inspection Program for Diesel States prior to publication of the rule in This rule also does not have tribal Emissions, and Self-Inspection of the Federal Register. A major rule implications because it will not have a Certain Classes of Motor Vehicles’’ cannot take effect until 60 days after it substantial direct effect on one or more (Sections: 26.2, 26.16); Subchapter 28, is published in the Federal Register. Indian tribes, on the relationship ‘‘Inspection of New Motor Vehicles’’ This action is not a ‘‘major rule’’ as between the Federal Government and (Section 28.3); Subchapter 29, ‘‘Mobile defined by 5 U.S.C. 804(2). Indian tribes, or on the distribution of Inspection Unit’’ (Section: 29.2); Under section 307(b)(1) of the Clean power and responsibilities between the Subchapter 32, ‘‘Inspection Standards Air Act, petitions for judicial review of Federal Government and Indian tribes, and Test Procedures To Be Used By this action must be filed in the United as specified by Executive Order 13175 Official Inspection Facilities’’; States Court of Appeals for the (65 FR 67249, November 9, 2000). This Subchapter 33, ‘‘Inspection Standards appropriate circuit by July 20, 2004. action also does not have Federalism and Test Procedures To Be Used By Filing a petition for reconsideration by implications because it does not have Licensed Private Inspection Facilities’’; the Administrator of this final rule does substantial direct effects on the States, Subchapter 43, ‘‘Enhanced Motor not affect the finality of this rule for the on the relationship between the national Vehicle Inspection and Maintenance purposes of judicial review nor does it government and the States, or on the Program’’; Subchapter 44, ‘‘Private extend the time within which a petition distribution of power and Inspection Facility Licensing’’; and for judicial review may be filed, and responsibilities among the various Subchapter 45, ‘‘Motor Vehicle shall not postpone the effectiveness of levels of government, as specified in Emission Repair Facility Registration,’’ such rule or action. This action may not Executive Order 13132 (64 FR 43255, effective May 19, 2003. be challenged later in proceedings to August 10, 1999). This action merely enforce its requirements. (See section (ii) Additional material: approves a state rule implementing a 307(b)(2).) (A) Letter from State of New Jersey Federal standard, and does not alter the Department of Environmental Protection relationship or the distribution of power List of Subjects in 40 CFR Part 52 dated August 13, 2003, requesting EPA and responsibilities established in the Environmental protection, Air approval of a revision to the Enhanced Clean Air Act. This rule also is not pollution control, Carbon monoxide, Inspection and Maintenance Program subject to Executive Order 13045 Incorporation by reference, SIP which contains amendments to the ‘‘Protection of Children from Intergovernmental relations, Nitrogen Subchapter 16 ‘‘Control and Prohibition Environmental Health Risks and Safety dioxide, Ozone, Reporting and of Air Pollution from Volatile Organic Risks’’ (62 FR 19885, April 23, 1997), recordkeeping requirements, Volatile Compounds.’’ because it is not economically organic compounds. I 3. Section 52.1605 is amended by significant. revising the entries under Title 13, In reviewing SIP submissions, EPA’s Dated: April 29, 2004. Chapter 20 for Subchapters 7, 26, 28, 29, role is to approve state choices, Jane M. Kenny, 32, 33, 43, 44, and 45 in the table in provided that they meet the criteria of Regional Administrator, Region 2. numerical order to read as follows: the Clean Air Act. In this context, in the I Part 52, chapter I, title 40 of the Code absence of a prior existing requirement of Federal Regulations is amended as § 52.1605 EPA-approved New Jersey for the State to use voluntary consensus follows: regulations.

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State regulation State effective date EPA approved date Comments

******* Title 13, Chapter 20 Subchapter 7, ‘‘Vehicle Inspection.’’ ...... May 19, 2003 ...... May 21, 2004 [Insert FR page cita- tion]. Sections: 7.1, 7.2, 7.3, 7.4, 7.5, 7.6. ******* Subchapter 26, ‘‘Compliance With Diesel Emission Standards and Equipment, May 19, 2003 ...... May 21, 2004 Periodic Inspection Program for Diesel Emissions, and Self-Inspection of Cer- [Insert FR page cita- tain Classes of Motor Vehicles.’’. tion]. Section: 26.2, 26.16. Subchapter 28, ‘‘Inspection of New Motor Vehicles.’’ ...... May 19, 2003 ...... May 21, 2004 [Insert FR page cita- tion]. Sections: 28.3, 28.4, 28.6. Subchapter 29, ‘‘Mobile Inspection Unit.’’ ...... May 19, 2003 ...... May 21, 2004 [Insert FR page cita- tion]. Sections: 29.1, 29.2, 29.3. Subchapter 32, ‘‘Inspection Standards and Test Procedures To Be Used By Offi- May 19, 2003 ...... May 21, 2004 cial Inspection Facilities.’’. [Insert FR page cita- tion]. Subchapter 33, ‘‘Inspection Standards and Test Procedures To Be Used By Li- May 19, 2003 ...... May 21, 2004 censed Private Inspection Facilities.’’. [Insert FR page cita- tion]. Subchapter 43, ‘‘Enhanced Motor Vehicle Inspection and Maintenance Program.’’ May 19, 2003 ...... May 21, 2004 [Insert FR page cita- tion]. Subchapter 44, ‘‘Private Inspection Facility Licensing.’’ ...... May 19, 2003 ...... May 21, 2004 [Insert FR page cita- tion]. Subchapter 45, ‘‘Motor Vehicle Emission Repair Facility Registration.’’ ...... May 19, 2003 ...... May 21, 2004 [Insert FR page cita- tion].

*******

[FR Doc. 04–11433 Filed 5–20–04; 8:45 am] the implementation of penalty fees upon I. Background BILLING CODE 6560–50–P major stationary sources of volatile A. When Did EPA Reclassify the organic compound and nitrogen oxide Metropolitan Washington, DC Ozone emissions in the Metropolitan ENVIRONMENTAL PROTECTION Nonattainment Area and What Was the Washington, DC severe ozone Deadline for Submission? AGENCY nonattainment area if the area fails to On January 24, 2003 (68 FR 3410), attain the one-hour ozone national 40 CFR Part 52 EPA promulgated a final rule ambient air quality standard. This [MD168–3110; FRL–7665–6] reclassifying the Metropolitan action triggers the 18-month time clock Washington, DC ozone nonattainment for mandatory application of sanctions Finding of Failure To Submit Required area from serious to severe in Maryland and the 24-month time State Implementation Plan Revision for nonattainment for the 1-hour ozone frame for EPA to promulgate a Federal the Metropolitan Washington, DC national ambient air quality standard Ozone Nonattainment Area; Maryland implementation plan under the Act. (NAAQS). This final rule established a DATES: Effective Date: This final rule is deadline of March 1, 2004, by which the AGENCY: Environmental Protection effective on June 21, 2004. District, Maryland and Virginia were Agency (EPA). required to submit state implementation ACTION: Final rule. ADDRESSES: Copies of the documents plan (SIP) revisions to their respective relevant to this action are available for SIP to meet the additional requirements SUMMARY: The EPA is taking final action public inspection during normal of severe ozone nonattainment areas making a finding, under the Clean Air business hours at the Air Protection found in section 182(d) of the CAA. Act (CAA or Act), that the State of Division, U.S. Environmental Protection These additional requirements were Maryland has failed to submit an ozone Agency, Region III, 1650 Arch Street, discussed in the notice of proposed nonattainment state implementation Philadelphia, Pennsylvania 19103. rulemaking and the final rulemaking for plan (SIP) revision required by the new the reclassification. See, 67 FR 68805, classification for the area under EPA’s FOR FURTHER INFORMATION CONTACT: November 13, 2002 and 68 FR 3410, final rule that reclassified the Christopher Cripps, (215) 814–2179, or January 24, 2003. Metropolitan Washington, DC ozone by e-mail at [email protected]. The effect of our January 24, 2003 nonattainment area to severe final rule (68 FR 3410) that reclassified SUPPLEMENTARY INFORMATION: nonattainment. EPA is issuing a finding the Metropolitan Washington, DC ozone that the State of Maryland failed to nonattainment area to severe submit a SIP revision that provides for nonattainment was to set a new

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attainment deadline for this area of finding, pursuant to CAA section 179(a) findings of incompleteness regarding November 15, 2005, and to require and 40 CFR 52.31, the offset sanction SIP submissions or elements of SIP Maryland, Virginia and the District of identified in CAA section 179(b) will be submission requirements, Congress did Columbia to submit, as necessary, a applied in the affected area. If the State not intend such findings to be subject to revision or revisions to their SIPs for the still has not made a complete notice-and-comment rulemaking. Metropolitan Washington, D.C. ozone submission six months after the offset However, to the extent such findings are nonattainment area to meet the CAA’s sanction is imposed, then the highway subject to notice-and-comment requirements for severe one-hour ozone funding sanction will apply in the rulemaking, EPA invokes, consistent nonattainment areas. Pursuant section affected areas, in accordance with 40 with past practice (for example, see at 182(i), EPA set March 1, 2004 as the CFR 52.31. In addition, CAA section 65 FR at 81368, December 26, 200, or, submittal deadline for Maryland, 110(c) provides for EPA to promulgate see 61 FR at 36294, July 10, 1996), the Virginia and the District of Columbia to a Federal implementation plan (FIP) no good cause exception pursuant to the submit these new planning later than two years after a finding APA, 5 U.S.C. 553(b)(3)(B). Notice and requirements. under section 179(a). comment are unnecessary because no The 18-month clock will stop and the significant judgment is involved in B. What SIP Revisions Required by the sanctions will not take effect if, within making a nonsubstantive finding of Reclassification Have Not Been 18 months after the date of the finding, failure to submit SIP revisions or Submitted? EPA finds that the State has made a elements of SIP submissions required by Maryland has not submitted a SIP complete submittal. In addition, EPA the Clean Air Act. Furthermore, revision to implement the penalty fee will not promulgate a FIP if the State providing notice and comment would provisions specified by CAA section makes the required SIP submittal and be impracticable because of the limited 185. Section 185 of the CAA requires EPA takes final action to approve the time provided under the statute for that major stationary sources of volatile submittal within two years of EPA’s making such determinations. Finally, organic compound (VOC) and nitrogen finding. notice and comment would be contrary oxide (NOX) emissions located in severe In addition, EPA recently to the public interest because it would ozone nonattainment areas pay a fee for promulgated regulations addressing the divert agency resources from the critical every ton of annual emissions over 80 transition from the 1-hour ozone substantive review of complete SIPs. percent of a baseline amount if the area NAAQS to the 8-hour ozone NAAQS.3 See 58 FR 51270 (October 1, 1993) and fails to attain the ozone national These regulations provide that once the 59 FR 39832 (August 4, 1994). ambient air quality standards.1 The fee 1-hour ozone NAAQS is revoked for an IV. Statutory and Executive Order is set at $5,000 per ton (adjusted area, the section 185 fees provision for Reviews annually using the same consumer price purposes of the 1-hour ozone NAAQS index (CPI) adjustment as is used for the will no longer apply. Because at that A. General Requirements Title V operating permit program fees). time the State would no longer be Under Executive Order 12866 (58 FR Pursuant to our January 24, 2003 obligated to submit a SIP revision for 51735, October 4, 1993), this action is reclassification final rule (68 FR 3410), the section 185 requirement for the 1- not a ‘‘significant regulatory action’’ and under section 182(d)(3) of the CAA, hour standard, the sanctions and FIP therefore is not subject to review by the Maryland was required to submit a SIP clocks would stop upon revocation of Office of Management and Budget. For revision to implement this ‘‘section 185 the 1-hour ozone NAAQS. this reason, this action is also not fee’’ provision in the Metropolitan III. Final Action subject to Executive Order 13211, Washington, DC area and has not done ‘‘Actions Concerning Regulations That In this final rule, pursuant to section so. Significantly Affect Energy Supply, 179(a) of the CAA, EPA is issuing to the EPA believes that Maryland has made Distribution, or Use’’ (66 FR 28355, May State of Maryland a finding of failure to submittals addressing all the other 22, 2001). Accordingly, the submit a required SIP element for severe area elements with the exception Administrator certifies that this rule failure to submit a SIP revision to of the section 185 fee provision. EPA will not have a significant economic implement the provisions of section 185 has determined that these submittals are impact on a substantial number of small 2 of the CAA in the Metropolitan complete. entities under the Regulatory Flexibility Washington, DC severe one-hour ozone Act (5 U.S.C. 601 et seq.). The various II. What Is the Schedule of Sanctions nonattainment area. and Other Consequences of This At the same time as the signing of this CAA provisions discussed in this notice Action? document, the EPA Regional require the states to submit SIP Administrator for Region III sent a letter revisions. This notice merely provides a Under section 179(a) of the CAA, if finding that the states have not met EPA has not found that the State has to Maryland describing this finding in more detail. This letter and its enclosure those requirements. This notice does made a complete submittal within 18 not, by itself, require any particular months of the effective date of EPA’s is included in the docket to this rulemaking. action by any State, local, or tribal government; or by the private sector and 1 Section 185 of the CAA only mentions major stationary sources of VOC emissions. However, III. Notice-and-Comment Under the therefore is not a Federal mandate. This section 182(f) requires the SIP for ozone Administrative Procedures Act final rule will not have a significant nonattinment areas impose the same provisions on This notice is a final agency action, impact on a substantial number of small major stationary sources of NOX emissions as those entities because findings of failure to imposed upon major stationary sources of VOC but is not subject to the notice-and- submit required SIP revisions do not by emissions unless EPA determines that the NOX comment requirements of the APA, 5 provisions should not apply pursuant to one of the U.S.C. 553(b). EPA believes that because themselves create any new exceptions enumerated in section 182(f). of the limited time provided to make requirements. Therefore, I certify that 2 EPA believes that the District of Columbia and this action will not have a significant Virginia each has made submittals addressing all findings of failure to submit and the other severe area elements including the section economic impact on a substantial 185 fee provision. EPA has determined that these 3 These regulations were published in the April number of small entities. Because this submittals are complete. 30, 2004, edition of the Federal Register rule contains no Federal mandates

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under the regulatory provisions of title Comptroller General of the General Pennsylvania’s rate-of-progress (ROP) II of the Unfunded Mandates Reform Accounting Office. This rule is not a plan for 2005 for its portion of the Act (UMRA) of 1995 (Pub. L. 104–4) for ‘‘major rule’’ as defined by APA section Philadelphia-Wilmington-Trenton State, local, or tribal governments or the 804(2), as amended. As noted above, severe 1-hour ozone nonattainment area private sector, this rule does not contain EPA is issuing this action as a (the Philadelphia area). These revisions any unfunded mandate or significantly rulemaking. There is a question as to update the plan’s emission inventories or uniquely affect small governments, as whether this action is a rule of and motor vehicle emissions budgets described in the UMRA. This rule also ‘‘particular applicability,’’ under section (MVEBs) to reflect the use of MOBILE6 does not have tribal implications 804(3)(A) of APA as amended by while continuing to satisfy the ROP because it will not have a substantial SBREFA, and thus exempt from the requirement for 2005. The revisions also direct effect on one or more Indian congressional submission requirements, amend the contingency measures tribes, on the relationship between the because this rule applies only to named associated with the 2005 ROP plan. Federal Government and Indian tribes, States. In this case, EPA has decided to These SIP revisions are being approved or on the distribution of power and err on the side of submitting this rule to in accordance with the Clean Air Act responsibilities between the Federal Congress, but will continue to consider (the Act). Government and Indian tribes, as this issue of the scope of the exemption DATES: Effective Date: This final rule is specified by Executive Order 13175 (65 for rules of ‘‘particular applicability.’’ effective on June 21, 2004. FR 67249, November 9, 2000). This C. Petitions for Judicial Review ADDRESSES: Copies of the documents action also does not have Federalism relevant to this action are available for Under section 307(b)(1) of the Clean implications because it does not have public inspection during normal Air Act, petitions for judicial review of substantial direct effects on the States, business hours at the Air Protection on the relationship between the national this action must be filed in the United States Court of Appeals for the Division, U.S. Environmental Protection government and the States, or on the Agency, Region III, 1650 Arch Street, distribution of power and appropriate circuit by July 20, 2004. Filing a petition for reconsideration by Philadelphia, Pennsylvania 19103 and responsibilities among the various the Pennsylvania Department of levels of government, as specified in the Administrator of this final rule does not affect the finality of this rule for the Environmental Protection, Bureau of Air Executive Order 13132 (64 FR 43255, Quality Control, P.O. Box 8468, 400 August 10, 1999). This notice merely purposes of judicial review nor does it extend the time within which a petition Market Street, Harrisburg, Pennsylvania provides a finding that the State of 17105. Maryland has not submitted the SIP for judicial review may be filed, and FOR FURTHER INFORMATION CONTACT: revision required by the CAA provisions shall not postpone the effectiveness of discussed in this notice. This rule also such rule or action. This action issuing Martin Kotsch, (215) 814–3335, or by is not subject to Executive Order 13045 a finding that the State of Maryland has e-mail at [email protected]. ‘‘Protection of Children from failed to submit a SIP revision to SUPPLEMENTARY INFORMATION: Environmental Health Risks and Safety implement the ‘‘section 185 fee’’ I. Background Risks’’ (62 FR 19885, April 23, 1997), provision in the Metropolitan because it is not economically Washington, DC area may not be On March 16, 2004 (69 FR 12293), significant. challenged later in proceedings to EPA published a notice of proposed Section 12 of the National Technology enforce its requirements. (See section rulemaking (NPR) proposing approval of Transfer and Advancement Act 307(b)(2).) revisions to Pennsylvania’s 2005 ROP (NTTAA) of 1995 requires Federal plan for its portion of the Philadelphia Dated: May 13, 2004. area. The revisions update the plan’s agencies to evaluate existing technical Donald S. Welsh, standards when developing a new mobile emissions inventories and 2005 Regional Administrator, Region III. regulation. To comply with NTTAA, MVEBs to reflect the use of MOBILE6, EPA must consider and use ‘‘voluntary [FR Doc. 04–11432 Filed 5–20–04; 8:45 am] an updated model for calculating mobile consensus standards’’ (VCS) if available BILLING CODE 6560–50–P emissions of ozone precursors. These and applicable when developing SIP revisions were proposed under a programs and policies unless doing so procedure called parallel processing, ENVIRONMENTAL PROTECTION whereby EPA proposes its rulemaking would be inconsistent with applicable AGENCY law or otherwise impractical. EPA action on a SIP revision concurrently with a state’s procedures for amending believes that VCS are inapplicable to 40 CFR Part 52 today’s action because it does not its SIP. The Pennsylvania Department of require the public to perform activities [PA213–4026; FRL–7663–7] the Environmental Protection (PADEP) conducive to the use of VCS. This rule submitted the proposed SIP revisions to Approval and Promulgation of Air does not impose an information EPA on January 9, 2004 for parallel Quality Implementation Plans; collection burden under the provisions processing. On March 16, 2004 (69 FR Pennsylvania; The 2005 ROP Plan for of the Paperwork Reduction Act of 1995 12293), EPA proposed approval of the Pennsylvania Portion of the (44 U.S.C. 3501 et seq.). Pennsylvania’s January 9, 2004 Philadelphia-Wilmington-Trenton submittal. No comments were submitted B. Submission to Congress and the Severe Area Severe 1-Hour Ozone to EPA on its March 16, 2004 proposal. Comptroller General Nonattainment Area The PADEP formally submitted the final Under section 801(a)(1)(A) of the AGENCY: Environmental Protection SIP revisions to EPA on February 23, APA, as amended by the Small Business Agency (EPA). 2004. That final submittal had no Regulatory Enforcement Fairness Act of ACTION: Final rule. substantive changes from the proposed 1996 (SBREFA), EPA submitted, by the version submitted on January 9, 2004. A effective date of this rule , a report SUMMARY: EPA is approving State detailed description of Pennsylvania’s containing this rule and other required Implementation Plan (SIP) revisions submittal and EPA’s rationale for its information to the U.S. Senate, the U.S. submitted by the Commonwealth of proposed approval were presented in House of Representatives and the Pennsylvania. These revisions amend NPR published on March 16, 2004, and

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will not be restated in their entirety reflect the use of the MOBILE6 motor attainment demonstration plan for the here. vehicle emissions model. The PADEP Philadelphia area found adequate by has demonstrated that the revised plan’s II. Summary of the SIP Revisions EPA on May 28, 2003 (68 FR 31700). levels of motor vehicle emissions, The revised mobile inventories and These SIP revisions amend the 1990 calculated using MOBILE6, continue to MVEBs being approved for and 2005 motor vehicle emissions demonstrate the required ROP for 2005. Pennsylvania’s 2005 ROP Plan are inventories and 2005 MVEBs of These revised MOBILE6-based MVEBs shown in tons per day (tpd) in Tables Pennsylvania’s 2005 ROP plan for its in the 2005 ROP plan are identical to 1 and 2. portion of the Philadelphia area to the MOBILE6-based MVEBs of the 2005

TABLE 1.—MOTOR VEHICLE EMISSIONS INVENTORIES OF PENNSYLVANIA’S 2005 ROP PLAN

1990 2005 Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment VOC NOX VOC NOX (tpd) (tpd) (tpd) (tpd)

Pennsylvania Portion ...... 239.95 252.93 79.69 144.73

TABLE 2.—MOTOR VEHICLE EMISSIONS BUDGETS IN PENNSYLVANIA’S 2005 ROP PLAN

2005 ROP plan Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area VOC NOX (tpd) (tpd)

Pennsylvania Portion ...... 79.69 144.73

III. Final Action Office of Management and Budget. For distribution of power and EPA is taking final action to approve this reason, this action is also not responsibilities among the various the SIP revisions submitted by the subject to Executive Order 13211, levels of government, as specified in Commonwealth of Pennsylvania on ‘‘Actions Concerning Regulations That Executive Order 13132 (64 FR 43255, February 23, 2004. These revisions Significantly Affect Energy Supply, August 10, 1999). This action merely amend the 1990 and 2005 motor vehicle Distribution, or Use’’ (66 FR 28355, May approves a state rule implementing a emissions inventories and 2005 MVEBs 22, 2001). This action merely approves Federal standard, and does not alter the of Pennsylvania’s 2005 ROP plan for the state law as meeting Federal relationship or the distribution of power Philadelphia area severe 1-hour ozone requirements and imposes no additional and responsibilities established in the nonattainment area to reflect the use of requirements beyond those imposed by Clean Air Act. This rule also is not MOBILE6. state law. Accordingly, the subject to Executive Order 13045 These SIP revisions were proposed Administrator certifies that this rule ‘‘Protection of Children from under a procedure called parallel will not have a significant economic Environmental Health Risks and Safety processing, whereby EPA proposes a impact on a substantial number of small Risks’’ (62 FR 19885, April 23, 1997), rulemaking action concurrently with a entities under the Regulatory Flexibility because it is not economically state’s procedures for amending its SIP. Act (5 U.S.C. 601 et seq.). Because this significant. In reviewing SIP On January 9, 2004, the PADEP rule approves pre-existing requirements submissions, EPA’s role is to approve submitted its proposed SIP revisions to under state law and does not impose state choices, provided that they meet EPA. On March 16, 2004 (69 FR 12293), any additional enforceable duty beyond the criteria of the Clean Air Act. In this EPA proposed approval of that required by state law, it does not context, in the absence of a prior Pennsylvania’s January 9, 2004 contain any unfunded mandate or existing requirement for the State to use submittal. No comments were submitted significantly or uniquely affect small to EPA on its EPA’s March 16, 2004 governments, as described in the voluntary consensus standards (VCS), proposal. The PADEP formally Unfunded Mandates Reform Act of 1995 EPA has no authority to disapprove a submitted the final SIP revisions to EPA (Pub. L. 104–4). This rule also does not SIP submission for failure to use VCS. on February 23, 2004. EPA has have tribal implications because it will It would thus be inconsistent with evaluated Pennsylvania’s final SIP not have a substantial direct effect on applicable law for EPA, when it reviews revisions submitted on February 23, one or more Indian tribes, on the a SIP submission, to use VCS in place 2004 and finds that no substantive relationship between the Federal of a SIP submission that otherwise changes were made from the proposed Government and Indian tribes, or on the satisfies the provisions of the Clean Air SIP revisions submitted on January 9, distribution of power and Act. Thus, the requirements of section 2004. responsibilities between the Federal 12(d) of the National Technology IV. Statutory and Executive Order Government and Indian tribes, as Transfer and Advancement Act of 1995 Reviews specified by Executive Order 13175 (65 (15 U.S.C. 272) do not apply. This rule FR 67249, November 9, 2000). This does not impose an information A. General Requirements action also does not have Federalism collection burden under the provisions Under Executive Order 12866 (58 FR implications because it does not have of the Paperwork Reduction Act of 1995 51735, October 4, 1993), this action is substantial direct effects on the States, (44 U.S.C. 3501 et seq.). not a ‘‘significant regulatory action’’ and on the relationship between the national therefore is not subject to review by the government and the States, or on the

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B. Submission to Congress and the for judicial review may be filed, and redesignating the existing paragraph (i) Comptroller General shall not postpone the effectiveness of as (i)(1) and adding paragraph (i)(2), and The Congressional Review Act, 5 such rule or action. revising paragraph (k) to read as follows: U.S.C. 801 et seq., as added by the Small This action to approve revisions to Pennsylvania’s 2005 ROP plan for its § 52.2037 Control strategy plans for Business Regulatory Enforcement attainment and rate-of-progress: Ozone. Fairness Act of 1996, generally provides portion of the Philadelphia area to reflect the use of MOBILE6 may not be * * * * * that before a rule may take effect, the (i)(1) * * * agency promulgating the rule must challenged later in proceedings to (2) EPA approves revisions to the submit a rule report, which includes a enforce their requirements. (See section Pennsylvania State Implementation copy of the rule, to each House of the 307(b)(2).) Plan, submitted by the Secretary of the Congress and to the Comptroller General List of Subjects in 40 CFR Part 52 Pennsylvania Department of the of the United States. EPA will submit a Environmental Protection on February report containing this rule and other Environmental protection, Air 23, 2004. These revisions amend required information to the U.S. Senate, pollution control, Nitrogen dioxide, Pennsylvania’s rate-of-progress (ROP) the U.S. House of Representatives, and Ozone, Reporting and recordkeeping the Comptroller General of the United requirements, Volatile organic plan for year 2005 for its Pennsylvania States prior to publication of the rule in compounds. portion of the Philadelphia-Wilmington- Trenton 1-hour ozone nonattainment the Federal Register. This rule is not a Dated: May 10, 2004. area. These revisions update the 2005 ‘‘major rule’’ as defined by 5 U.S.C. Donald S. Welsh, 804(2). ROP plan’s 1990 and 2005 motor Regional Administrator, Region III. vehicle emissions inventories and motor C. Petitions for Judicial Review I 40 CFR part 52 is amended as follows: vehicle emissions budgets to reflect the Under section 307(b)(1) of the Clean use of the MOBILE6 emissions model, PART 52—[AMENDED] Air Act, petitions for judicial review of and establish revised motor vehicle this action must be filed in the United I 1. The authority citation for part 52 emissions budgets of 79.69 tons per day States Court of Appeals for the continues to read as follows: (tpd) of volatile organic compounds and 144.73 tpd of nitrogen oxides. appropriate circuit by July 20, 2004. Authority: 42 U.S.C. 7401 et seq. Filing a petition for reconsideration by * * * * * the Administrator of this final rule does Subpart NN—Pennsylvania (k) EPA approves the following not affect the finality of this rule for the mobile budgets of the post-1996 rate of purposes of judicial review nor does it I 2. Section 52.2037 is amended by progress plans and the 2005 attainment extend the time within which a petition revising the section heading, plan:

TRANSPORTATION CONFORMITY BUDGETS FOR THE PHILADELPHIA AREA

Type of control strategy VOC NOX Date of adequacy determination or SIP SIP Year (tpd) (tpd) approval date

Post-1996 ROP Plan ...... 1999 88.6 109.6 June 23, 2000 (65 FR 36438, June 8, 2000). Post-1996 ROP Plan ...... 2002 69.52 93.13 June 23, 2000 (65 FR 36438, June 8, 2000). Post-1996 ROP Plan ...... 2005 79.69 144.73 June 21, 2004 (May 21, 2004, Insert Federal Register page citation). Attainment Demonstration ...... 2005 79.69 144.73 June 12, 2003 (68 FR 31700, May 28, 2003).

(1) [Reserved] State Implementation Plan (SIP). This institute a second comment period on (2) [Reserved] revision concerned South Coast Air this action. [FR Doc. 04–11339 Filed 5–20–04; 8:45 am] Quality Management District DATES: Effective Date: The direct final BILLING CODE 6560–50–P (SCAQMD) Rules 1133—Composting rule published on March 22, 2004, at 69 and Related Operations—General FR 13225 is withdrawn as of May 21, Administrative Requirements, 1133.1— 2004. ENVIRONMENTAL PROTECTION Chipping and Grinding Activities, and FOR FURTHER INFORMATION CONTACT: AGENCY 1133.2—Emission Reductions from Co- Jerald S. Wamsley, EPA Region IX, at Composting Operations. The direct final either (415) 947–4111, or 40 CFR Part 52 action was published without prior [email protected]. [CA 287–0455; FRL–7665–9] proposal because EPA anticipated no adverse comment. The direct final rule List of Subjects in 40 CFR Part 52 Withdrawal of Direct Final Rule stated that if adverse comments were Environmental protection, Air Revising the California State received by April 21, 2004, EPA would pollution control, Intergovernmental Implementation Plan, South Coast Air publish a timely withdrawal in the relations, Ozone, Particulate matter, Quality Management District Federal Register. EPA received timely Reporting and recordkeeping adverse comments and, therefore, is requirements, Volatile organic AGENCY: Environmental Protection withdrawing the direct final approval. compounds. Agency (EPA). EPA will address the comments in a Dated: May 7, 2004. ACTION: Withdrawal of direct final rule. subsequent final action based on the Laura Yoshii, SUMMARY: On March 22, 2004 (69 FR parallel proposal also published on Acting Regional Administrator, Region IX. 13225), EPA published a direct final March 22, 2004 (69 FR 13272). As stated I Accordingly, the amendment to 40 approval of a revision to the California in the parallel proposal, EPA will not CFR 52.220, published in the Federal

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Register on March 22, 2004 (69 FR Commission decision is available for SUMMARY: In response to a petition filed 13227), which was to become effective inspection and copying during normal by Charles Crawford requesting the on May 21, 2004, is withdrawn. business hours in the FCC Reference allotment of Channel 287A at Vinton, [FR Doc. 04–11555 Filed 5–20–04; 8:45 am] Information Center (Room CY–A257), Louisiana, the Commission issued a 445 12th Street, SW., Washington, DC. Notice of Proposed Rule Making. See 67 BILLING CODE 6560–50–P The complete text of this decision may FR 53903, August 20, 2002. This also be purchased from the document grants a counterproposal filed Commission’s copy contractor, Qualex by Tichenor License Corporation FEDERAL COMMUNICATIONS International, Portals II, 445 12th Street, requesting the following: reallotment of COMMISSION SW., Room CY–B402, Washington, DC Channel 264C from Winnie, Texas, to 47 CFR Part 73 20054. Lumberton, Texas, and modification of Provisions of the Regulatory the license for Station KOBT to specify [DA 04–1199; MM Docket No. 01–271; RM– Flexibility Act of 1980 do not apply to operation at Lumberton, and 10278; 10380] this proceeding. substitution of Channel 287C2 for Radio Broadcasting Services; Members of the public should note Channel 287A at Crystal Beach, Texas, O’Donnell, Post and Roaring Springs, that from the time a Notice of Proposed reallotment of Channel 287C2 to TX Rule Making is issued until the matter Winnie, Texas, and modification of the is no longer subject to Commission license for Station KLTO to specify AGENCY: Federal Communications consideration or court review, all ex operation on Channel 287C2 at Winnie, Commission. parte contacts are prohibited in Texas. The coordinates for Channel ACTION: Final rule. Commission proceedings, such as this 264C at Lumberton are 30–03–05 and one, which involve channel allotments. 94–31–37 and the coordinates for SUMMARY: The Audio Division, at the See 47 CFR 1.1204(b) for rules Channel 287C2 at Winnie are 29–41–45 request of Maurice Salsa, allots Channel governing permissible ex parte contacts. and 94–19–35. The petition filed by 249A at O’Donnell and Roaring Springs, For information regarding proper Charles Crawford has been dismissed. Texas, as each community’s first local filing procedures for comments, see 47 With this action this proceeding is aural transmission service (RM–10380). CFR 1.415 and 1.420. terminated. At the request of Katherine Pyeatt, we also dismiss the petition for rule making List of Subjects in 47 CFR Part 73 DATES: Effective June 18, 2004. proposing the allotment of Channel Radio, Radio broadcasting. FOR FURTHER INFORMATION CONTACT: 249C2 at Post, Texas (RM–10278). See I Part 73 of title 47 of the Code of Federal Robert Hayne, Media Bureau, (202) 418– 66 FR.52734, October 17, 2001. Channel Regulations is amended as follows: 2180. 249A can be allotted to O’Donnell in SUPPLEMENTARY INFORMATION: This is a compliance with the Commission’s PART 73—RADIO BROADCAST synopsis of the Commission’s Report minimum distance separation SERVICES and Order, MB Docket No. 02–212, requirement with a site restriction of I adopted April 30, 2004, and released 14.6 kilometers (9.1 miles) east to avoid 1. The authority citation for part 73 May 4, 2004. The full text of this a short-spacing to the vacant allotment continues to read as follows: Commission decision is available for site for Channel 248C2, Denver City, Authority: 47 U.S.C. 54, 303, 334, 336. inspection and copying during normal Texas, and the licensed site for Station business hours in the FCC Reference KODM(FM), Channel 250C1, Texas. The § 73.202 [Amended] Center (Room 239), 445 12th Street, coordinates for Channel 249A at I 2. Section 73.202(b), the Table of FM SW., Washington, DC. This document O’Donnell are 32–55–32 North Latitude Allotments under Texas, is amended by may also be purchased from the and 101–40–59 West Longitude. adding O’Donnell, Channel 249A; and by Commission’s duplicating contractor, Likewise, Channel 249A can be allotted adding Roaring Springs, Channel 249A. Qualex International, Portals II, 445 to Roaring Springs with a site restriction Federal Communications Commission. 12th Street, SW., Room CY–B402, of 14.8 kilometers (9.2 miles) northeast Washington, DC, 20554, telephone 202– John A. Karousos, to avoid a short-spacing to the proposed 863–2893, facsimile 202–863–2898, or allotment for Channel 250C3 at Crowell, Assistant Chief, Audio Division, Media via e-mail [email protected]. Texas. The coordinates for Channel Bureau. 249A at Roaring Springs are 33–57–42 [FR Doc. 04–11543 Filed 5–20–04; 8:45 am] List of Subjects in 47 CFR Part 73 North Latitude and 100–42–53 West BILLING CODE 6712–01–P Radio, Radio broadcasting. Longitude. I Part 73 of title 47 of the Code of Federal DATES: Effective June 18, 2004. A filing FEDERAL COMMUNICATIONS Regulations is amended as follows: window for Channel 249A at O’Donnell COMMISSION and Roaring Springs, Texas, will not be PART 73—RADIO BROADCAST opened at time. Instead, the issue of 47 CFR Part 73 SERVICES opening a filing window for these I channels will be addressed by the [DA 04–1200; MB Docket No. 02–212; RM– 1. The authority citation for part 73 Commission in a subsequent order. 10516 & 10618] continues to read as follows: FOR FURTHER INFORMATION CONTACT: Authority: 47 U.S.C. 154, 303, 334, and Sharon P. McDonald, Media Bureau, Radio Broadcasting Services; Crystal 336. (202) 418–2180. Beach, TX, Lumberton, TX, Vinton, LA SUPPLEMENTARY INFORMATION: This is a and Winnie, TX § 73.202 [Amended] I synopsis of the Commission’s Report AGENCY: Federal Communications 2. Section 73.202(b), the Table of FM and Order, MM Docket No. 01–271, Commission. Allotments under Texas, is amended by adopted April 30, 2004, and released removing Channel 287A at Crystal ACTION: Final rule. May 4, 2004. The full text of this Beach, by removing Channel 264C and

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adding Channel 287C2 at Winnie and by Rules, at coordinates of 34–36–11 NL PART 73—RADIO BROADCAST adding Lumberton, Channel 264C. and 113–12–04 WL, with a site SERVICES restriction of 2.5 kilometers (1.5 miles) Federal Communications Commission. I 1. The authority citation for Part 73 north of Bagdad. Channel 231C2 can be John A. Karousos, continues to read as follows: Assistant Chief, Audio Division, Media substituted for Channel 247C2 at Globe, Bureau. Arizona, consistent with the engineering Authority: 47 U.S.C. 154, 303, 334 and 336. [FR Doc. 04–11544 Filed 5–20–04; 8:45 am] requirements of the Commission’s § 73.202 [Amended] BILLING CODE 6712–01–P Rules, at coordinates of 33–17–37 NL and 110–50–09 WL, with a site I 2. Section 73.202(b), the Table of FM restriction of 12.1 kilometers (7.5 miles) Allotments under Arizona, is amended FEDERAL COMMUNICATIONS southwest of Globe. Channel 232C2 can by removing Channel 246C3 and adding COMMISSION be substituted for Channel 231C1 at Channel 269C3 at Bagdad, by adding Safford, Arizona, consistent with the Dewey-Humboldt, Channel 248C, by 47 CFR Part 73 engineering requirements of the adding First Mesa, Channel 247C, by [DA 04–971; MB Docket No. 02–73; RM– Commission’s Rules, at coordinates of removing Channel 248C at Flagstaff, by 10356, 10551, 10553, and 10554] 32–51–02 NL and 109–32–15 WL, with removing Channel 247C3 and adding a site restriction of 16 kilometers (9.9 Channel 231C2 at Globe, by adding Radio Broadcasting Services; Bagdad, Grand Canyon Village, Channel 273C1, miles) east of Safford. Mexican AZ; Dewey-Humboldt, AZ; First Mesa, and by removing Channel 231C1 and concurrence was received on March 8, AZ; Flagstaff, AZ; Globe, AZ; Grand adding Channel 232C2 at Safford. Canyon Village, AZ; and Safford, AZ 2004, for the allotment of Channel 269C3 at Bagdad, Arizona, and the Federal Communications Commission. AGENCY: Federal Communications allotment of Channel 231C2 at Globe, John A. Karousos, Commission. Arizona, at the reference coordinates Assistant Chief, Audio Division, Media ACTION: Final rule. indicated. The allotment of Channel Bureau. 232C2 at Safford, Arizona, is [FR Doc. 04–11549 Filed 5–20–04; 8:45 am] SUMMARY : The Audio Division, at the BILLING CODE 6712–01–P request of 3 Point Media-Arizona, LLC conditioned upon concurrence by (formerly Arizona Radio Partners, LLC), Mexico, because the allotment is located licensee of FM Station KJNA, Flagstaff, within 320 kilometers (199 miles) of the FEDERAL COMMUNICATIONS SUPPLEMENTARY Arizona, and NPR Phoenix, LLC, makes Mexican border. See COMMISSION the following changes to the FM Table INFORMATION. of Allotments: The Division deletes 47 CFR Part 73 DATES: Effective June 10, 2004. Channel 248C at Flagstaff, Arizona, [DA 04–1080; MM Docket No. 00–148; RM– allots Channel 248C at Dewey- FOR FURTHER INFORMATION CONTACT: 9939, RM–10198] Humboldt, Arizona, Channel 247C at Deborah Dupont, Media Bureau, (202) First Mesa, Arizona, and Channel 273C1 418–2180. Radio Broadcasting Services; Archer at Grand Canyon Village, Arizona, City, TX, Ardmore, OK, Converse, TX, SUPPLEMENTARY INFORMATION: substitutes Channel 269C3 for a vacant This is a Durant, OK, Elk City, OK, Flatonia, TX, allotment of Channel 246C3 at Bagdad, synopsis of the Commission’s Report Georgetown, TX, Healdton, OK, Arizona, substitutes Channel 231C2 for and Order, MB Docket No. 02–73, Ingram, TX, Keller, TX, Knox City, TX, Channel 247C2 at Globe, Arizona, and adopted April 12, 2004, and released Lakeway, TX, Lago Vista, TX, Lawton, substitutes Channel 232C2 for Channel April 14, 2004. The full text of this OK, Llano, TX, McQueeney, TX, 231C1 at Safford, Arizona. Channel Commission decision is available for Nolanville, TX, Purcell, OK, Quanah, 247C can be allotted to First Mesa, inspection and copying during normal San Antonio, Seymour, Waco, and Arizona, consistent with the engineering business hours in the FCC Information Wellington, TX requirements of the Commission’s Center, Portals II, 445 12th Street, SW., Rules, at coordinates of 35–41–09 NL Room CY–A257, Washington, DC 20554. AGENCY: Federal Communications and 110–21–43 WL, with a site The complete text of this decision may Commission. restriction of 16.8 kilometers (10.5 also be purchased from the ACTION: Final rule, denial of petition for miles) south of First Mesa. Channel Commission’s duplicating contractor, reconsideration. 273C1 can be allotted to Grand Canyon Qualex International, Portals II, 445 SUMMARY: This document denies a Village, Arizona, consistent with the 12th Street, SW., Room CY–B402, engineering requirements of the Petition for Partial Reconsideration and Washington, DC, 20554, (202) 863–2893, Request for Expedited Action filed by Commission’s Rules, at city reference facsimile (202) 863–2898, or via e-mail coordinates of 36–02–47 NL and 112– Rawhide Radio, L.L.C., Capstar TX [email protected]. The Audio Division 09–12 WL, with no site restriction Limited Partnership and Clear Channel granted Station KRXS–FM, Globe, required. Channel 248C can be allotted Broadcast Licenses, Inc. See 68 FR to Dewey-Humboldt, Arizona, Arizona a license to specify operation 26557, published May 16, 2003. With consistent with the engineering on Channel 247C2 in lieu of Channel this action, the proceeding is requirements of the Commission’s 247C3, which is not reflected in the FM terminated. Rules, at coordinates of 34–14–42 NL Table of Allotments. See BPH– FOR FURTHER INFORMATION CONTACT: and 112–21–27 WL, with a site 20020515AAG. Robert Hayne, Media Bureau, (202) 418– restriction of 33.3 kilometers (20.7 List of Subjects in 47 CFR Part 73 2177 miles) south of Dewey-Humboldt. SUPPLEMENTARY INFORMATION: This is a Channel 269C3 can be substituted for Radio, Radio broadcasting. synopsis of the Commission’s Channel 246C at Bagdad, Arizona, Memorandum Opinion and Order in consistent with the engineering I Part 73 of title 47 of the Code of Federal MM Docket No. 00–148, adopted April requirements of the Commission’s Regulations is amended as follows: 22, 2004, and released April 27, 2004.

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The full text of this decision is available II, 445 12th Street, SW., Room CY–B402, Federal Communications Commission. for inspection and copying during Washington, DC 20554, telephone 202– John A. Karousos, normal business hours in the FCC’s 863–2893, facsimile 202–863–2898, or Assistant Chief, Audio Division, Media Reference Information Center at Portals via e-mail [email protected]. This Bureau. II, CY–A257, 445 12th Street, SW., document is not subject to the [FR Doc. 04–11551 Filed 5–20–04; 8:45 am] Washington, DC 20554. The complete Congressional Review Act. BILLING CODE 6712–01–P text of this decision may also be purchased from the Commission’s copy List of Subjects in 47 CFR Part 73 contractor, Qualex International, Portals Radio Broadcasting.

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Proposed Rules Federal Register Vol. 69, No. 99

Friday, May 21, 2004

This section of the FEDERAL REGISTER at: http://www.ams.usda.gov/fv/ handler subject to an order may file contains notices to the public of the proposed moab.html. with USDA a petition stating that the issuance of rules and regulations. The order, any provision of the order, or any purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Northwest Marketing obligation imposed in connection with persons an opportunity to participate in the the order is not in accordance with law rule making prior to the adoption of the final Field Office, Marketing Order rules. Administration Branch, Fruit and and request a modification of the order Vegetable Programs, AMS, USDA, 1220 or to be exempted therefrom. Such SW Third Ave, Suite 385, Portland, OR handler is afforded the opportunity for DEPARTMENT OF AGRICULTURE 97204; telephone: (503) 326–2724; Fax: a hearing on the petition. After the (503) 326–7440; or George Kelhart, hearing USDA would rule on the Agricultural Marketing Service Technical Advisor, Marketing Order petition. The Act provides that the Administration Branch, Fruit and district court of the United States in any 7 CFR Part 958 Vegetable Programs, AMS, USDA, 1400 district in which the handler is an [Docket No. FV04–958–02 PR] Independence Avenue SW., STOP 0237, inhabitant, or has his or her principal Washington, DC 20250–0237; telephone: place of business, has jurisdiction to Onions Grown in Certain Designated (202) 720–2491; Fax: (202) 720–8938. review USDA’s ruling on the petition, Counties in Idaho, and Malheur Small businesses may request provided an action is filed not later than County, OR; Increased Assessment information on complying with this 20 days after the date of the entry of the Rate regulation by contacting Jay Guerber, ruling. Marketing Order Administration This proposed rule would increase AGENCY: Agricultural Marketing Service, Branch, Fruit and Vegetable Programs, the assessment rate established for the USDA. AMS, USDA, 1400 Independence Committee for the 2004–2005 and ACTION: Proposed rule. Avenue SW., STOP 0237, Washington, subsequent fiscal periods from $0.095 to DC 20250–0237; telephone: (202) 720– $0.105 per hundredweight of onions SUMMARY: This proposed rule would 2491; Fax: (202) 720–8938; or E-mail: handled. increase the assessment rate established [email protected]. The Idaho-Eastern Oregon onion for the Idaho-Eastern Oregon Onion marketing order provides authority for Committee (Committee) for the 2004– SUPPLEMENTARY INFORMATION: This rule the Committee, with the approval of 2005 and subsequent fiscal periods from is issued under Marketing Agreement USDA, to formulate an annual budget of $0.095 to $0.105 per hundredweight of No. 130 and Marketing Order No. 958, expenses and collect assessments from onions handled. The Committee locally both as amended (7 CFR part 958), handlers to administer the program. The administers the marketing order that regulating the handling of onions grown Committee consists of six producer regulates the handling of onions grown in certain designated counties in Idaho, members, four handler members and in designated counties in Idaho, and and Malheur County, Oregon, one public member. Each member is Malheur County, Oregon. Authorization hereinafter referred to as the ‘‘order.’’ familiar with the Committee’s needs and to assess onion handlers enables the The order is effective under the with the costs for goods and services in Committee to incur expenses that are Agricultural Marketing Agreement Act their local area and are thus in a reasonable and necessary to administer of 1937, as amended (7 U.S.C. 601–674), position to formulate an appropriate the program. The fiscal period begins hereinafter referred to as the ‘‘Act.’’ budget and assessment rate. The July 1 and ends June 30. The assessment The Department of Agriculture assessment rate is formulated and rate would remain in effect indefinitely (USDA) is issuing this rule in discussed in a public meeting. Thus, all unless modified, suspended, or conformance with Executive Order directly affected persons have an terminated. 12866. This rule has been reviewed under opportunity to participate and provide DATES: Comments must be received by Executive Order 12988, Civil Justice input. June 21, 2004. Reform. Under the marketing order now For the 2003–2004 and subsequent ADDRESSES: Interested persons are in effect, Idaho-Eastern Oregon onion fiscal periods, the Committee invited to submit written comments handlers are subject to assessments. recommended, and USDA approved, an concerning this proposed rule. Funds to administer the order are assessment rate that would continue in Comments must be sent to the Docket derived from such assessments. It is effect from fiscal period to fiscal period Clerk, Marketing Order Administration intended that the assessment rate as unless modified, suspended, or Branch, Fruit and Vegetable Programs, proposed herein would be applicable to terminated by USDA upon AMS, USDA, 1400 Independence all assessable onions beginning on July recommendation and information Avenue SW., STOP 0237, Washington, 1, 2004, and continue until amended, submitted by the Committee or other DC 20250–0237; Fax: (202) 720–8938; E- suspended, or terminated. This rule information available to USDA. mail: [email protected]; or would not preempt any State or local The Committee met on April 1, 2004, Internet: http://www.regulations.gov. All laws, regulations, or policies, unless and unanimously recommended 2004– comments should reference the docket they present an irreconcilable conflict 2005 expenditures of $997,442. In number and the date and page number with this rule. comparison, last year’s budgeted of this issue of the Federal Register and The Act provides that administrative expenditures were $957,000. At that will be available for public inspection in proceedings must be exhausted before same meeting, the Committee, in a vote the Office of the Docket Clerk during parties may file suit in court. Under of seven in favor, two opposed (desired regular business hours, or can be viewed section 608c(15)(A) of the Act, any continuation of the current rate), and

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one abstention, recommended Committee would continue to meet onions may be classified as small increasing the assessment rate to $0.105 prior to or during each fiscal period to entities. per hundredweight of onions handled. recommend a budget of expenses and This rule would increase the The assessment rate of $0.105 is $0.01 consider recommendations for assessment rate established for the higher than the rate currently in effect. modification of the assessment rate. The Committee for the 2004–2005 and The order authorizes the Committee to dates and times of Committee meetings subsequent fiscal periods from $0.095 to establish an operating reserve of up to are available from the Committee or $0.105 per hundredweight of onions one fiscal period’s operational expense. USDA. Committee meetings are open to handled. The Committee recommended However, the Committee’s policy is to the public and interested persons may 2004–2005 expenditures of $997,442 maintain the operating reserve at a level express their views at these meetings. and an assessment rate of $0.105 per of approximately one-half of one fiscal USDA would evaluate Committee hundredweight, which is $0.01 higher period’s operational expenses. The recommendations and other available than the rate currently in effect. The Committee, over the last five fiscal information to determine whether quantity of assessable onions for the periods, has reduced its operating modification of the assessment rate is 2004–2005 fiscal period is estimated at reserve to slightly below this level. The needed. Further rulemaking would be 8,880,000 hundredweight. Thus, the Committee recommended the $0.01 undertaken as necessary. The $0.105 rate should provide $932,400 in increase so the total of assessment Committee’s 2004–2005 budget and assessment income, which along with income ($932,400), contributions those for subsequent fiscal periods anticipated contributions, interest ($75,600), interest income ($7,000), and would be reviewed and, as appropriate, income, and other income should cover other income ($2,000) would approved by USDA. budgeted expenses. sufficiently fund the recommended The major expenditures expenses for 2004–2005 of $997,442. Initial Regulatory Flexibility Analysis recommended by the Committee for the The increased assessment income Pursuant to requirements set forth in 2004–2005 fiscal period include $10,000 would also add approximately $19,558 the Regulatory Flexibility Act (RFA), the for committee expenses, $163,482 for to the operating reserve, increasing it to Agricultural Marketing Service (AMS) salary expenses, $81,960 for travel/ an estimated $504,661 at the end of the has considered the economic impact of office expenses, $60,000 for production 2004–2005 fiscal period. this rule on small entities. Accordingly, research expenses, $32,000 for export The major expenditures AMS has prepared this initial regulatory market development expenses, $600,000 recommended by the Committee for the flexibility analysis. for promotion expenses, and $50,000 for unforeseen marketing order 2004–2005 fiscal period include $10,000 The purpose of the RFA is to fit contingencies. Budgeted expenses for for committee expenses, $163,482 for regulatory actions to the scale of these items in 2003–2004 were $10,000, salary expenses, $81,9600 for travel/ business subject to such actions in order $148,353, $72,610, $59,170, $27,250, office expenses, $60,000 for production that small businesses will not be unduly research expenses, $32,000 for export $589,617, and $50,000, respectively. or disproportionately burdened. market development expenses, $600,000 The Committee reviewed and Marketing orders issued pursuant to the for promotion expenses, and $50,000 for unanimously recommended 2004–2005 Act, and the rules issued thereunder, are unforeseen marketing order expenditures of $997,442. This budget unique in that they are brought about contingencies. Budgeted expenses for would increase the budget line items for through group action of essentially these items in 2002–2003 were $10,000, salary expenses, travel and office small entities acting on their own $148,353, $72,610, $59,170, $27,250, expenses, research expenses, export behalf. Thus, both statutes have small $589,617, and $50,000, respectively. expenses, and promotion expenses. The Committee estimates that fresh entity orientation and compatibility. Committee expenses and marketing market onion shipments for the 2004– There are approximately 37 handlers order contingency would remain the 2005 fiscal period will be approximately of Idaho-Eastern Oregon onions who are same. Prior to arriving at this budget, 8,880,000 hundredweight, which should subject to regulation under the order the Committee considered information provide $932,400 in assessment income. and approximately 250 onion producers from various sources, including the Income derived from handler in the regulated production area. Small Idaho-Eastern Oregon Onion Executive, assessments, along with contributions agricultural service firms are defined by Research, Export, and Promotion ($75,600), interest income ($7,000), and the Small Business Administration Committees. These subcommittees other income ($2,000) would be (SBA)(13 CFR 121.201) as those whose discussed alternative expenditure sufficient to cover budgeted expenses annual receipts are less than $5,000,000, levels, based upon the relative value of and increase the operating reserve and small agricultural producers are various research and promotion projects approximately $19,558. The Committee defined as those whose annual receipts to the Idaho-Eastern Oregon onion estimates that its operating reserve will are less than $750,000. industry. The assessment rate of $0.105 be approximately $485,103 at the The Committee estimates that 32 of per hundredweight of assessable onions beginning of the 2004–2005 fiscal the 37 handlers of Idaho-Eastern Oregon was then determined by taking into period. Funds in the reserve would be onions ship under $5,000,000 worth of consideration the estimated level of kept within the maximum permitted by onions on an annual basis. According to assessable shipments, other revenue the order of approximately one fiscal the Vegetables 2003 Summary reported sources, and the Committee’s goal of not years’s operational expenses (§ 958.44). by the National Agricultural Statistics having to use reserve funds during The proposed assessment rate would Service, the total farm gate value of 2004–2005. continue in effect indefinitely unless onions in the regulated production area A review of historical information and modified, suspended, or terminated by for 2003 was $130,768,000. Therefore, preliminary information pertaining to USDA upon recommendation and the 2003 average gross revenue for an the upcoming fiscal period indicates information submitted by the onion producer in the regulated that the producer price for the 2004– Committee or other available production area was $523,072. Based on 2005 season could be about $10.80 per information. this information, it can be concluded hundredweight. Therefore, the Although this assessment rate would that the majority of handlers and estimated assessment revenue for the be in effect for an indefinite period, the producers of Idaho-Eastern Oregon 2004–2005 fiscal period as a percentage

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of total producer revenue could be about List of Subjects in 7 CFR Part 958 public hearing that appeared in the 1.1 percent. Onions, Marketing agreements, Federal Register on Monday, February This proposed rule would increase Reporting and recordkeeping 9, 2004 (69 FR 5940), announced that a the assessment obligation imposed on requirements. public hearing was scheduled for May handlers. While assessments impose For the reasons set forth in the 27, 2004, at 10 a.m., in the auditorium. some additional costs on handlers, the preamble, 7 CFR part 958 is proposed to The subject of the public hearing is proposed regulations under section costs are minimal and uniform on all be amended as follows: 6038A and 6038C of the Internal handlers. Some of the additional costs Revenue Code. The public comment may be passed on to producers. PART 958—ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN period for these regulations expired on However, these costs would be offset by May 10, 2004. The outlines of oral the benefits derived by the operation of IDAHO, AND MALHEUR COUNTY, OREGON comments were due on May 6, 2004. the marketing order. In addition, the The notice of proposed rulemaking Committee’s meetings were widely 1. The authority citation for 7 CFR and notice of public hearing, instructed publicized throughout the Idaho-Eastern part 958 continues to read as follows: those interested in testifying at the Oregon onion industry and all Authority: 7 U.S.C. 601–674. public hearing to submit an outline of interested persons were invited to the topics to be addressed. As of 2. Section 958.240 is revised to read attend the meetings and participate in Tuesday, May 18, 2004, no one has as follows: Committee deliberations on all issues. requested to speak. Therefore, the Like all Committee meetings, the April § 958.240 Assessment rate. public hearing scheduled for May 27, 1, 2004, meeting was open to the public On and after July 1, 2004, an 2004, is cancelled. and all entities, both large and small, assessment rate of $0.105 per Cynthia E. Grigsby, were able to express views on this issue. hundredweight is established for Idaho- Finally, interested persons are invited to Acting Chief, Publications and Regulations Eastern Oregon onions. Branch, Legal Processing Division, Associate submit information on the regulatory Dated: May 17, 2004. Chief Counsel (Procedure and and informational impacts of this action A.J. Yates, Administration). on small businesses. Administrator, Agricultural Marketing [FR Doc. 04–11568 Filed 5–18–04; 2:07 pm] This proposed rule would not impose Service. BILLING CODE 4830–01–P additional reporting or recordkeeping [FR Doc. 04–11514 Filed 5–20–04; 8:45 am] requirements on either small or large BILLING CODE 3410–02–P Idaho-Eastern Oregon onion handlers. DEPARTMENT OF HOMELAND As with all Federal marketing order SECURITY programs, reports and forms are DEPARTMENT OF THE TREASURY periodically reviewed to reduce Coast Guard information requirements and Internal Revenue Service duplication by industry and public 33 CFR Part 165 sector agencies. 26 CFR Part 1 [CGD01–04–002] USDA has not identified any relevant [REG–167217–03] RIN 2115–AA00 Federal rules that duplicate, overlap, or RIN 1545–BD03 conflict with this rule. Security Zones; Democratic National A small business guide on complying Electronic Filing of Duplicate Forms Convention, Boston, MA with fruit, vegetable, and specialty crop 5472; Hearing Cancellation AGENCY: Coast Guard, DHS. marketing agreements and orders may AGENCY: Internal Revenue Service (IRS), ACTION: Notice of proposed rulemaking. be viewed at: http://www.ams.usda.gov/ Treasury. fv/moab.html. Any questions about the SUMMARY: The Coast Guard proposes to ACTION: Cancellation of notice of public compliance guide should be sent to Jay establish a series of temporary security hearing on proposed rulemaking. Guerber at the previously mentioned zones on the Charles River in the vicinity of the FleetCenter/North address in the FOR FURTHER INFORMATION SUMMARY: This document provides CONTACT section. notice of cancellation of a public Station, throughout a portion of Boston hearing on regulations providing that a Inner Harbor in the vicinity of Logan A 30-day comment period is provided International Airport and surrounding to allow interested persons to respond Form 5472 that is timely filed electronically is treated as satisfying the Very Important Person (VIP) vessels to this proposed rule. Thirty days is designated by the Captain of the Port deemed appropriate because: (1) The requirement timely to file a duplicate Form 5472 with the Internal Revenue (COTP) Boston, Massachusetts, to be in 2004–2005 fiscal period begins on July need of Coast Guard escort for security 1, 2004, and the order requires that the Service Center in Philadelphia, Pennsylvania. reasons while they are transiting the rate of assessment for each fiscal period COTP Boston, Massachusetts zone. apply to all assessable onions handled DATES: The public hearing originally These temporary zones are needed to during such fiscal period; (2) the scheduled for May 27, 2004, at 10 a.m., safeguard protectees, the public, Committee needs to have sufficient is cancelled. designated VIP vessels and crews, other funds to pay its expenses which are FOR FURTHER INFORMATION CONTACT: vessels and crews, and the incurred on a continuous basis; and (3) Robin R. Jones of the Publications and infrastructure within the COTP Boston, handlers are aware of this action which Regulations Branch, Legal Processing Massachusetts, zone from terrorist or was recommended by the Committee at Division at (202) 622–7180 (not a toll- subversive acts during the Democratic a public meeting and is similar to other free number). National Convention: A National assessment rate actions issued in past SUPPLEMENTARY INFORMATION: A notice Special Security Event, being held from years. of proposed rulemaking and notice of July 26, 2004 to July 29, 2004 at the

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Fleet Center/North Station Facilities, in However, you may submit a request for Police. Any VIP designated vessel may Boston, Massachusetts. These security a meeting by writing to Marine Safety contain protectees. ‘‘Protectees’’ for the zones will prohibit entry into or Office Boston at the address under purposes of the U.S. Secret Service movement within certain portions of the ADDRESSES explaining why one would include the President of the United Charles River in the vicinity of the be beneficial. If we determine that a States and former presidents and their FleetCenter/North Station, Boston Inner public meeting would aid this spouses, the Democratic nominee for Harbor in the vicinity of Logan rulemaking, we will hold one at a time president, and the Democratic nominee International Airport, and 50 yards and place announced by a separate for vice president and their spouses. surrounding designated VIP vessels in notice in the Federal Register. ‘‘Protectees’’ for the purposes of the Capitol Police include particular U.S. the COTP Boston, Massachusetts zone, Background and Purpose during the specified closure periods Congressmen. One or more Coast Guard within the July 24, 2004 to July 31, 2004 In light of terrorist attacks on New Cutters or small boats will escort timeframe. York City and on the Pentagon in designated VIP vessels deemed in need Arlington, VA, on September 11, 2001, DATES: Comments and related material of escort protection. must reach the Coast Guard on or before and the continuing concern for future The Captain of the Port Boston, terrorist and or subversive acts against June 21, 2004. Massachusetts will notify the maritime the United States, especially at events community of the periods during which ADDRESSES: You may mail comments where a large number of persons are the security zones will be enforced. and related material to Marine Safety likely to congregate, the Coast Guard Broadcast notifications will be made to Office Boston, 455 Commercial Street, proposes to establish temporary security the maritime community advising them Boston, MA. The Marine Safety Office zones in certain waters of the Charles of the boundaries of the zones. Boston maintains the public docket for River in the vicinity of the FleetCenter/ No person or vessel may enter or this rulemaking. Comments and North Station, certain waters of Boston remain in the prescribed security zones material received from the public, as Inner Harbor in the vicinity of Logan at any time without permission of the well as documents indicated in this International Airport, and surrounding Captain of the Port. Each person or preamble as being available in the VIP designated vessels identified by the vessel in a security zone must obey any docket, will become part of the docket COTP Boston, Massachusetts during the direction or order of the COTP, or the and will be available for inspection or Democratic National Convention (DNC). designated Coast Guard on-scene copying at Marine Safety Office Boston The DNC has been designated a representative. The COTP may take between 8 a.m. and 3 p.m., Monday National Special Security Event (NSSE) possession and control of any vessel in through Friday, except Federal holidays. and will occur between July 26, 2004, to a security zone and/or remove any FOR FURTHER INFORMATION CONTACT: July 29, 2004, at the FleetCenter/North person, vessel, article or thing from a Chief Petty Officer Daniel Dugery, Station facilities, in Boston, security zone. No person may board, Waterways Safety and Response Massachusetts. Security measures for take or place any article or thing on Division, Marine Safety Office Boston, this event, including security zones board any vessel or waterfront facility in at (617) 223–3000. proposed herein, are necessary from a security zone without permission of SUPPLEMENTARY INFORMATION: July 24, 2004, to July 31, 2004, and are the COTP. Any violation of any security needed to safeguard maritime zone described herein, is punishable by, Request for Comments transportation infrastructure, the public, among others, civil penalties (not to We encourage you to participate in and designated protectees, and to exceed $32,500 per violation, where this rulemaking by submitting safeguard designated VIP vessels each day of a continuing violation is a comments and related material. If you carrying protectees, from potential acts separate violation), criminal penalties do so, please include your name and of violence or terrorism during DNC (imprisonment for not more than 6 years address, identify the docket number for activities. and a fine for not more than $250,000 this rulemaking, CGD01–04–002, The planning for these security zones for an individual and $500,000 for an indicate the specific section of this has been conducted in conjunction organization), in rem liability against document to which each comment with, and as a result of requests from, the offending vessel and license applies, and give the reason for each the USSS, the lead federal agency for sanctions. This rule is established under comment. the DNC, and the U.S. Capitol Police. the authority contained in 50 U.S.C. Please submit all comments and This proposed rule would temporarily 191, 33 U.S.C. 1223 and 1226. related material in an unbound format, close sections of the Charles River in the As part of the Diplomatic Security no larger than 81⁄2 by 11 inches, suitable vicinity of the FleetCenter/North and Antiterrorism Act of 1986 (Pub. L. for copying. If you would like to know Station, certain Boston Inner Harbor 99–399), Congress amended section 7 of your comments reached us, please water areas along the perimeter of Logan the Ports and Waterways Safety Act enclose a stamped, self addressed International Airport, and surrounding (PWSA), 33 U.S.C. 1226, to allow the postcard or envelope. We will consider designated VIP vessels identified by the Coast Guard to take actions, including all comments and material received COTP Boston, Massachusetts, to be in the establishment of security zones, to during the comment period. We may need of Coast Guard escort for security prevent or respond to acts of terrorism change this proposed rule in view of reasons while they are transiting the against individuals, vessels, or public or them. COTP Boston, Massachusetts zone, at commercial structures. Moreover, the specified times from July 24, 2004 to Coast Guard has authority to establish Public Meeting July 31, 2004. security zones pursuant to the Act of We do not plan to hold a public For purposes of this rulemaking, June 15, 1917, as amended by the meeting. The United States Secret designated VIP vessels include any Magnuson Act of August 9, 1950 (50 Service (USSS) and the United States vessels designated by the Coast Guard U.S.C. 191 et seq.) (the ‘‘Magnuson Coast Guard have conducted numerous COTP Boston, Massachusetts to be in Act’’) and implementing regulations outreach meetings with port users and need of Coast Guard escort in the COTP promulgated by the President in the affected maritime community Boston, Massachusetts zone, based on a Subparts 6.01 and 6.04 of part 6 of Title regarding the proposed restrictions. request from the USSS or the Capitol 33 of the Code of Federal Regulations.

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Discussion of Proposed Rule transits will be restricted from the Logan existence. The temporary security zones The Charles River security zone in the Airport DNC zone 15 minutes prior to surrounding VIP designated vessels are vicinity of the FleetCenter/North Station and after the departure and/or landing included in this rule as a precautionary would extend from the western most of aircraft carrying protectees. The measure should they become necessary. portion of the Monsignor O’Brien Massachusetts Marine Environmental At this time, no VIP designated vessel Highway Bridge/Museum of Science Police will coordinate commercial security zones are scheduled. If they are structure as the western boundary, to a shoreline shell fishing vessels that deemed necessary during the event and line drawn across the Charles River, 50 operate in the area. The Logan Airport are subsequently implemented, these yards east and parallel to, the DNC zone would be in effect from 8 zones are limited in scope, enough so Charlestown Bridge, as the eastern a.m., e.d.t., on July 24, 2004, until 10 that vessels may transit safely outside of boundary. This security zone is p.m., e.d.t., on July 31, 2004. the zones and still make use of the The temporary security zones intended to protect the north side of the waterway. Additionally, VIP designated surrounding VIP vessels designated by FleetCenter/North Station, the USSS- vessels will be advised to operate in the COTP Boston, Massachusetts, are designated NSSE venue for the DNC, such a manner as to avoid restricting the needed for security reasons while such which abuts the Charles River. The Fleet main shipping channels from use by VIP designated vessels are transiting the Center/North Station buildings large commercial vessels that require COTP Boston, Massachusetts zone. themselves are located in the North End the depth of water to operate safely. These temporary zones will encompass Lastly, advance notice to waterways of Boston and are surrounded by the a distance of fifty (50) yards users has been, and will continue to be following roadways: Causeway Street, surrounding any designated VIP vessel made via outreach meetings, Lomasney Way, Nashua Street and a carrying protectees. These zones would informational brochures, safety marine portion of Route I–93. The above- only be implemented as deemed information broadcasts, and local notice described waters of the Charles River necessary at or near the time of the to mariners. will be temporarily closed to all vessel designated VIP vessel transit by the traffic, except for those vessels USSS or the U.S. Capitol Police. The Small Entities described below, unless authorized by designated VIP vessel zones could be in Under the Regulatory Flexibility Act the Coast Guard Captain of the Port. effect at various times from 8 a.m., e.d.t., (5 U.S.C. 601–612), the Coast Guard Only commercial vessels that transit on July 24, 2004, until 10 p.m., e.d.t., on considered whether this proposed rule this area on daily or regular routes will July 31, 2004. would have a significant economic be allowed to transit, as prearranged impact on a substantial number of small with the USSS and U.S. Coast Guard, Regulatory Evaluation entities. The term ‘‘small entities’’ and authorized by on-scene Coast Guard This proposed rule is not a comprises small businesses, not-for- personnel, after having been swept by ‘‘significant regulatory action’’ under profit organizations that are law enforcement personnel. Any vessel section 3(f) of Executive Order 12866 independently owned and operated and allowed to transit will be escorted and does not require an assessment of are not dominant in their fields, and through the area by law enforcement potential costs and benefits under governmental jurisdictions with patrol craft. The Residents Inn Hotel section 6(a)(3) of that Order. The Office populations of less than 50,000. pier in Charlestown, at the mouth of the of Management and Budget has not The Coast Guard certifies under 5 Charles River, is just inside the eastern reviewed it under that Order. It is not U.S.C. 605(b) that this proposed rule most boundary of the zone. Vessels may significant under the regulatory policies would not have a significant economic have access to this pier with prior and procedures of the Department of impact on a substantial number of small approval of the USSS and U.S. Coast Homeland Security (DHS). entities. This proposed rule would affect Guard, and authorized by on-scene We expect the economic impact of the following entities, some of which Coast Guard personnel. The Charles this proposed rule to be so minimal that may be small entities: The owners or River Zone would be effective from a full Regulatory Evaluation under the operators of vessels intending to transit 12:01 a.m., e.d.t., on July 26, 2004, until regulatory policies and procedures of or anchor in these security zones during 2 a.m., e.d.t., on July 30, 2004. the DHS is unnecessary. this event. However, this proposed rule The temporary security zone around Although this proposed regulation will not have a significant economic Logan International Airport (The Logan will temporarily prevent traffic from impact on a substantial number of small Airport DNC Zone) is needed to provide transiting a portion of the Charles River, entities due to: Transit accommodations protection from waterborne threats to Boston Inner Harbor and surrounding that are being made for regular aircraft carrying certain protectees as certain VIP designated vessels during commercial operators within the they arrive and depart from the airport. the specified effective periods, the Charles River and Logan Airport DNC This zone would include the area effects of this regulation will be zones; the minimal time that vessels between the mean high water line minimized based on several factors. will be restricted from the area of the around the airport and a line measured Vessels that historically have conducted zones; vessels can pass safely around 250 feet seaward of and parallel to the daily business in the area of the Charles the zones; vessels will have to wait only mean high water line. The dimensions River security zone will be allowed to a short time for the VIP designated of this zone are marked by a line of transit, as long as prearranged as vessels to pass if they cannot safely pass marker buoys along the Logan discussed, thereby preventing outside the zones; and advance International Airport shoreline. Only disruption to their normal business. The notifications will be made to the local commercial vessels that transit this area potential delays associated with vessels maritime community by marine on daily or regular routes will be being swept and escorted through the information broadcasts. allowed to transit, as prearranged with zone will be minimal. The Logan If you think that your business, the USSS and U.S. Coast Guard, and Airport DNC security zone mirrors an organization, or governmental authorized by on-scene Coast Guard existing state security zone, and jurisdiction qualifies as a small entity personnel. Any vessel allowed to transit therefore users of these waters will not and that this proposed rule would have will be escorted through the area by law encounter restrictions significantly a significant economic impact on it, enforcement patrol craft. All vessel different from those already in please submit a comment (see

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ADDRESSES) explaining why you think it eliminate ambiguity, and reduce indicated under ADDRESSES. Comments qualifies and how and to what degree burden. on this section will be considered before this rule would economically affect it. we make the final decision on whether Protection of Children the rule should be categorically Assistance for Small Entities We have analyzed this proposed rule excluded from further environmental Under section 213(a) of the Small under Executive Order 13045, review. Business Regulatory Enforcement Protection of Children from List of Subjects in 33 CFR Part 165 Fairness Act of 1996 (Pub. L. 104–121), Environmental Health Risks and Safety we want to assist small entities in Risks. This rule is not an economically Harbors, Marine safety, Navigation understanding this proposed rule so that significant rule and does not create an (water), Reporting and record keeping they can better evaluate its effects on environmental risk to health or risk to requirements, Safety measures, them and participate in the rulemaking. safety that may disproportionately affect Waterways. If the rule would affect your small children. For the reasons discussed in the business, organization, or governmental Indian Tribal Governments preamble, the Coast Guard proposes to jurisdiction and you have questions amend 33 CFR part 165 as follows: concerning its provisions or options for This proposed rule does not have compliance, please contact Chief Petty tribal implications under Executive PART 165—REGULATED NAVIGATION Officer Daniel Dugery Waterways Safety Order 13175, Consultation and AREAS AND LIMITED ACCESS AREAS and Response, Marine Safety Office Coordination with Indian Tribal 1. The authority citation for part 165 Boston, (617) 223–3000. Governments, because it would not have a substantial direct effect on one or continues to read as follows: Collection of Information more Indian tribes, on the relationship Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. between the Federal Government and This proposed rule would call for no 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, Indian tribes, or on the distribution of new collection of information under the and 160.5; Department of Homeland Security power and responsibilities between the Delegation No. 0170.1. Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. U.S.C. 3501–3520). 2. Add § 165.T04–002 to read as We invite your comments on how this follows: Federalism proposed rule might impact tribal governments, even if that impact may § 165.T04–002 Security Zones; Democratic A rule has implications for federalism not constitute a ‘‘tribal implication’’ National Convention, Waters of the Charles under Executive Order 13132, under the Order. River, Boston Inner Harbor in the vicinity of Federalism, if it has a substantial direct Logan International Airport, and designated effect on state or local governments and Energy Effects Very Important Person vessel transits, would either preempt state law or We have analyzed this proposed rule Boston, Massachusetts, Captain of the Port Zone. impose a substantial direct cost of under Executive Order 13211, Actions compliance on them. We have analyzed Concerning Regulations That (a) Location. The following areas are this proposed rule under that Order and Significantly Affect Energy Supply, security zones: have determined that it does not have Distribution, or Use. We have (1) All navigable waters of the Charles implications for federalism. determined that it is not a ‘‘significant River from the westernmost portion of Unfunded Mandates Reform Act energy action’’ under that order because the Monsignor O’Brien Highway Bridge/ it is not a ‘‘significant regulatory action’’ Museum of Science structure as the The Unfunded Mandates Reform Act under Executive Order 12866 and is not western boundary, to a line drawn of 1995 (2 U.S.C. 1531–1538) requires likely to have a significant adverse effect across the Charles River, 50 yards east Federal agencies to assess the effects of on the supply, distribution, or use of and parallel to, the Charlestown Bridge, their discretionary regulatory actions. In energy. The Administrator of the Office as the eastern boundary. particular, the Act addresses actions of Information and Regulatory Affairs (2) All waters between the mean high that may result in the expenditure by a has not designated it as a significant water line around the perimeter of State, local, or tribal government, in the energy action. Therefore, it does not Logan International Airport and a line aggregate, or by the private sector of require a Statement of Energy Effects measured 250 feet seaward of and $100,000,000 or more in any one year. under Executive Order 13211. parallel to the mean high water line. Though this proposed rule would not (3) All navigable waters 50 yards result in such an expenditure, we do Environment around any designated Very Important discuss the effects of this rule elsewhere We have analyzed this proposed rule Person vessel carrying specified in the preamble. under Commandant Instruction protectees during Democratic National Convention activities, in the Captain of Taking of Private Property M16475.1D, which guides the Coast Guard in complying with the National the Port Boston, Massachusetts zone. This proposed rule would not effect a Environmental Policy Act of 1969 (b) Regulations. (1) Entry into or taking of private property or otherwise (NEPA) (42 U.S.C. 4321–4370f), and remaining in these zones is prohibited have taking implications under have concluded that there are no factors unless authorized by the Coast Guard Executive Order 12630, Governmental in this case that would limit the use of Captain of the Port, Boston. Actions and Interference with a categorical exclusion under section (2) Persons desiring to transit the area Constitutionally Protected Property 2.B.2 of the Instruction. Therefore, this of the security zones may contact the Rights. rule is categorically excluded, under Captain of the Port at telephone number figure 2–1, paragraph (34)(g), of the 617–223–3000/5750 or the authorized Civil Justice Reform Instruction, from further environmental on-scene patrol representative on VHF This proposed rule meets applicable documentation. A draft ‘‘Environmental channel 16 (156.8 MHz) to seek standards in sections 3(a) and 3(b)(2) of Analysis Check List’’ and a draft permission to transit the areas. If Executive Order 12988, Civil Justice ‘‘Categorical Exclusion Determination’’ permission is granted, all persons and Reform, to minimize litigation, (CED) are available in the docket where vessels must comply with the

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instructions of the Captain of the Port or ENVIRONMENTAL PROTECTION Environmental Protection Agency, his or her designated representative. AGENCY Region IX, 75 Hawthorne Street, San (3) All persons and vessels must Francisco, CA 94105–3901. 40 CFR Part 52 comply with the instructions of the Air and Radiation Docket and Captain of the Port or the designated on- Information Center, U.S. scene Coast Guard patrol personnel. On- [CA302–0454; FRL–7665–8] Environmental Protection Agency, scene Coast Guard patrol personnel Room B–102, 1301 Constitution include commissioned, warrant and Revisions to the California State Avenue, NW., (Mail Code 6102T), petty officers of the Coast Guard on Implementation Plan, South Coast Air Washington, DC 20460. board Coast Guard Auxiliary, and local, Quality Management District state and federal law enforcement California Air Resources Board, vessels. AGENCY: Environmental Protection Stationary Source Division, Rule (4) The Captain of the Port or his Agency (EPA). Evaluation Section, 1001 ‘‘I’’ Street, designated representative will notify the ACTION: Proposed rule. Sacramento, CA 95814. maritime community of periods during South Coast Air Quality Management which these zones will be enforced. The SUMMARY: EPA is proposing to approve District, 21865 E. Copley Dr., Captain of the Port or his designated revisions to the South Coast Air Quality Diamond Bar, CA 91765–4182. representative will identify designated Management District (SCAQMD) portion Very Important Person vessel transits by of the California State Implementation A copy of the rules may also be way of marine information broadcast. Plan (SIP). These revisions concern available via the Internet at http:// www.arb.ca.gov/drdb/drdbltxt.htm. Emergency response vessels are oxides of nitrogen (NOX) and oxides of Please be advised that this is not an EPA authorized to move within the zone, but sulfur (SOX) emissions from facilities Web site and may not contain the same must abide by restrictions imposed by emitting 4 tons or more per year of NOX version of the rules that were submitted the Captain of the Port or his designated and/or SOX in the year 1990 or any representative. subsequent year. We are proposing to to EPA. (c) Authority. In addition to 33 U.S.C. approve local rules to regulate these FOR FURTHER INFORMATION CONTACT: 1231 and 50 U.S.C. 191, the authority emission sources under the Clean Air Thomas C. Canaday, EPA Region IX, for this section includes 33 U.S.C. 1226. Act as amended in 1990 (CAA or the (415) 947–4121, [email protected]. (d) Enforcement period. This section Act). These rules are part of the will be enforced from: SCAQMD’s Regional Clean Air SUPPLEMENTARY INFORMATION: (1) 12:01 a.m. e.d.t., on July 26, 2004, Incentives Market (RECLAIM) program. Throughout this document, ‘‘we,’’ ‘‘us’’ until 2 a.m. e.d.t., on July 30, 2004, with We are taking comments on this and ‘‘our’’ refer to EPA. respect to the Charles River Zone proposal and plan to follow with a final described in paragraph (a)(1). Table of Contents (2) 8 a.m. e.d.t., on July 24, 2004 until action. I. The State’s Submittal 10 p.m. e.d.t., on July 31, 2004, with DATES: Any comments must arrive by A. What rules did the State submit? respect to the Logan Airport DNC Zone June 21, 2004. B. Are there other versions of these rules? described in paragraph (a)(2). ADDRESSES: Send comments to Andy C. What is the purpose of the submitted (3) 8 a.m. e.d.t., on July 24, 2004, until Steckel, Rulemaking Office Chief (AIR– rule revisions? 10 p.m. e.d.t., on July 31, 2004, with 4), U.S. Environmental Protection II. EPA’s Evaluation and Action. A. How is EPA evaluating the rules? respect to the moving security zones Agency, Region IX, 75 Hawthorne described in paragraph (a)(3) around B. Do the rules meet the evaluation Street, San Francisco, CA 94105–3901 criteria? designated Very Important Person or e-mail to [email protected], or vessels carrying specified protectees, as C. Public comment and final action. submit comments at http:// III. Statutory and Executive Order Reviews deemed necessary by the USSS or U.S. www.regulations.gov. Capitol Police, 15 minutes prior to and You can inspect copies of the I. The State’s Submittal while they are onboard the vessel. submitted SIP revisions, EPA’s technical A. What Rules Did the State Submit? Dated: May 5, 2004. support documents (TSDs), and public Brian M. Salerno, comments at our Region IX office during Table 1 lists the rules addressed by Captain, U.S. Coast Guard, Captain of the normal business hours by appointment. this proposal with the dates that they Port, Boston, Massachusetts. You may see copies of the submitted SIP were adopted by local air agency and [FR Doc. 04–11589 Filed 5–20–04; 8:45 am] revisions by appointment at the submitted by the California Air BILLING CODE 4910–15–P following locations: Resources Board (CARB).

TABLE 1.—SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted

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

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On March 19, 2004, these rule Emission Monitoring Systems (CEMS) guidance applies to discretionary submittals were found to meet the requirements for modified equipment economic incentive programs (EIPs) and completeness criteria in 40 CFR part 51, operated at RECLAIM facilities. With represents the agency’s interpretation of appendix V, which must be met before regard to the power producing facilities, what EIPs should contain in order to formal EPA review. Rule 2007—Trading Requirements has meet the requirements of the CAA. B. Are There Other Versions of These been revised to lift the trading B. Do the Rules Meet the Evaluation Rules? restrictions that were placed on power Criteria? producers under the previous We approved previous versions of amendments to the RECLAIM program. We believe these rules are consistent Rules 2007, 2011 and 2012 into the SIP The currently submitted changes to Rule with the relevant policy and guidance on September 4, 2003. 2007 allow power producers to use regarding enforceability, RACT, and SIP relaxations. The TSD has more C. What Is the Purpose of the Submitted RECLAIM trading credits (RTCs) to information on our evaluation. Rule Revisions? reconcile emissions, and to sell or transfer RTCs below their original The RECLAIM program is intended to C. Public Comment and Final Action allocation after compliance year 2003. allow facilities subject to the program to Because EPA believes the submitted Rule 2011—Requirements for meet their emission reduction rules fulfill all relevant requirements, Monitoring, Reporting, and requirements in the most cost-effective we are proposing to fully approve them Recordkeeping for Oxides of Sulfur manner. The program was designed to as described in section 110(k)(3) of the (SO ) Emissions; and Rule 2012— provide incentives for industry to X Act. We will accept comments from the Requirements for Monitoring, Reporting, reduce emissions and develop public on this proposal for the next 30 and Recordkeeping for Oxides of innovative pollution control days. Unless we receive convincing new Nitrogen (NO ) Emissions have been technologies, as well as give facilities X information during the comment period, amended to clarify that the 90-day added flexibility in meeting emission we intend to publish a final approval recertification period for CEMS applies reduction requirements. Each facility action that will incorporate these rules to new CEMS or when a component of under the program was given an into the federally enforceable SIP. allocation of RECLAIM Trading Credits an existing CEMS is added to an (RTCs) based on a declining balance existing or modified major RECLAIM IV. Statutory and Executive Order equivalent to the emissions levels that source. Reviews would have occurred if the facility The TSD has more information about Under Executive Order 12866 (58 FR continued to operate under the then these rules. 51735, October 4, 1993), this proposed current command-and-control II. EPA’s Evaluation and Action action is not a ‘‘significant regulatory regulations. Facilities within the action’’ and therefore is not subject to RECLAIM program must reconcile their A. How Is EPA Evaluating the Rules? review by the Office of Management and emissions with their RTC holdings and Generally, SIP rules must be Budget. For this reason, this action is have the option of doing so by either enforceable (see section 110(a) of the also not subject to Executive Order installing control equipment, modifying Act), must require Reasonably Available 13211, ‘‘Actions Concerning Regulations their activity, or purchasing RTCs from Control Technology (RACT) for major That Significantly Affect Energy Supply, other facilities. sources in nonattainment areas (see Distribution, or Use’’ (66 FR 28355, May Beginning in June 2000, RECLAIM section 182(a)(2)(A) and 182(f) of the 22, 2001). This proposed action merely program participants experienced a Act), and must not relax existing proposes to approve state law as sharp and sudden increase in NOX RTC requirements (see sections 110(l) and meeting Federal requirements and prices for both the 1999 and 2000 193 of the Act). The SCAQMD regulates imposes no additional requirements compliance years. In response to this an ozone nonattainment area (see 40 beyond those imposed by state law. SCAQMD adopted and EPA CFR part 81), so Rules 2007, 2011, and Accordingly, the Administrator certifies subsequently approved into the 2012 must fulfill RACT. that this proposed rule will not have a California SIP rule amendments Guidance and policy documents that significant economic impact on a designed to lower and stabilize RTC we used to help evaluate enforceability substantial number of small entities prices by increasing supply, reducing and RACT requirements consistently under the Regulatory Flexibility Act (5 demand, and increasing the exchange of include the following: U.S.C. 601 et seq.). Because this rule RTC trading information. Those rule 1. ‘‘State Implementation Plans; proposes to approve pre-existing revisions separated power producing Nitrogen Oxides Supplement to the requirements under state law and does facilities from the rest of the RECLAIM General Preamble; Clean Air Act not impose any additional enforceable market and RTC trading by power Amendments of 1990 Implementation of duty beyond that required by state law, producers was limited to isolate the rest Title I; Proposed Rule,’’ (the NOX it does not contain any unfunded of the market from the power producers’ Supplement), 57 FR 55620, November mandate or significantly or uniquely RTC demands. For further information 25, 1992. affect small governments, as described on this previous modification to the 2. ‘‘Issues Relating to VOC Regulation in the Unfunded Mandates Reform Act RECLAIM program see EPA’s proposed Cutpoints, Deficiencies, and of 1995 (Pub. L. 104–4). approval of the RECLAIM program rule Deviations,’’ EPA, May 25, 1988 (the This proposed rule also does not have amendments dated May 13, 2002 (67 FR Bluebook). tribal implications because it will not 31998). 3. ‘‘Guidance Document for Correcting have a substantial direct effect on one or The submitted rule revisions that are Common VOC & Other Rule more Indian tribes, on the relationship the subject of today’s notice of proposed Deficiencies,’’ EPA Region 9, August 21, between the Federal Government and rulemaking allow power producing 2001 (the Little Bluebook). Indian tribes, or on the distribution of facilities to re-enter the general trading 4. ‘‘Improving Air Quality with power and responsibilities between the market of the RECLAIM program. Economic Incentive Programs,’’ January Federal Government and Indian tribes, Further rule revisions adopted by 2001, Office of Air and Radiation, EPA– as specified by Executive Order 13175 SCAQMD clarify the Continuous 452/R–01–001 (EIP Guidance). This (65 FR 67249, November 9, 2000). This

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action also does not have Federalism FEDERAL COMMUNICATIONS Postal Service first-class mail, Express implications because it does not have COMMISSION Mail, and Priority Mail should be substantial direct effects on the States, addressed to 445 12th Street, SW., on the relationship between the national 47 CFR Part 73 Washington, DC 20554. All filings must government and the States, or on the [DA 04–1202, MM Docket No. 00–127, RM– be addressed to the Commission’s distribution of power and 9894] Secretary, Office of the Secretary, responsibilities among the various Federal Communications Commission, levels of government, as specified in Digital Television Broadcast Service; Washington, DC 20554. In addition to Executive Order 13132 (64 FR 43255, Jamestown, ND filing comments with the FCC, August 10, 1999). This action merely interested parties should serve the AGENCY: Federal Communications petitioner, or its counsel or consultant, proposes to approve state rules Commission. implementing a Federal standard, and as follows: David A. O’Connor, Holland ACTION: Proposed rule. & Knight LLP, 2099 Pennsylvania does not alter the relationship or the Avenue, NW., Suite 100, Washington, distribution of power and SUMMARY: The Commission requests DC 20006–6801 (Counsel for Red River responsibilities established in the Clean comments on a Further Notice of Broadcast Company). Air Act. This proposed rule also is not Proposed Rule Making, seeking the FOR FURTHER INFORMATION CONTACT: Pam subject to Executive Order 13045 substitution of DTV channel 18 for DTV Blumenthal, Media Bureau, (202) 418– ‘‘Protection of Children from channel 14 at Jamestown, North Dakota, 1600. Environmental Health Risks and Safety proposed by Red River Broadcast Risks’’ (62 FR 19885, April 23, 1997), Company, licensee of station KJRR–DT, SUPPLEMENTARY INFORMATION: This is a because it is not economically DTV channel 14. DTV Channel 18 can synopsis of the Commission’s Notice of significant. be allotted to at reference coordinates Proposed Rule Making, MM Docket No. 46–55–27 N. and 98–46–19 W., with a 00–127, adopted April 29, 2004, and In reviewing SIP submissions, EPA’s power of 1000, a height above average released May 7, 2004. The full text of role is to approve state choices, terrain HAAT of 135 meters. Since the this document is available for public provided that they meet the criteria of community of Jamestown is located inspection and copying during regular the Clean Air Act. In this context, in the within 400 kilometers of the U.S.- business hours in the FCC Reference absence of a prior existing requirement Canadian border, concurrence from the Information Center, Portals II, 445 12th for the State to use voluntary consensus government must be obtained for this Street, SW., Room CY–A257, standards (VCS), EPA has no authority allotment. This Further Notice does not Washington, DC 20554. This document to disapprove a SIP submission for afford an additional opportunity to file may also be purchased from the failure to use VCS. It would thus be counterproposals in response to Red Commission’s duplicating contractor, inconsistent with applicable law for River’s initial proposal to substitute Qualex International, Portals II, 445 EPA, when it reviews a SIP submission, DTV channel 30 for DTV channel 14, 12th Street, SW., Room CY–B402, to use VCS in place of a SIP submission but only to Red River’s new proposal to Washington, DC 20554, telephone 202– that otherwise satisfies the provisions of substitute DTV channel 18 at 863–2893, facsimile 202–863–2898, or the Clean Air Act. Thus, the Jamestown. via e-mail [email protected]. Provisions of the Regulatory requirements of section 12(d) of the DATES: Comments must be filed on or Flexibility Act of 1980 do not apply to National Technology Transfer and before June 28, 2004, and reply this proceeding. Advancement Act of 1995 (15 U.S.C. comments on or before July 13, 2004. 272 note) do not apply. This proposed Members of the public should note ADDRESSES: The Commission permits that from the time a Notice of Proposed rule does not impose an information the electronic filing of all pleadings and collection burden under the provisions Rule Making is issued until the matter comments in proceedings involving is no longer subject to Commission of the Paperwork Reduction Act of 1995 petitions for rule making (except in consideration or court review, all ex (44 U.S.C. 3501 et seq.). broadcast allotment proceedings). See parte contacts are prohibited in List of Subjects in 40 CFR Part 52 Electronic Filing of Documents in Rule Commission proceedings, such as this Making Proceedings, GC Docket No. 97– one, which involve channel allotments. Environmental protection, Air 113 (rel. April 6, 1998). Filings by paper See 47 CFR 1.1204(b) for rules pollution control, Intergovernmental can be sent by hand or messenger governing permissible ex parte contacts. relations, Nitrogen dioxide, Ozone, delivery, by commercial overnight For information regarding proper Reporting and recordkeeping courier, or by first-class or overnight filing procedures for comments, see 47 requirements. U.S. Postal Service mail. The CFR 1.415 and 1.420. Commission’s contractor, Natek, Inc., Authority: 42 U.S.C. 7401 et seq. will receive hand-delivered or List of Subjects in 47 CFR Part 73 Dated: May 11, 2004. messenger-delivered paper filings for Digital television broadcasting, Laura Yoshii, the Commission’s Secretary at 236 Television. Deputy Regional Administrator, Region IX. Massachusetts Avenue, NE., Suite 110, For the reasons discussed in the Washington, DC 20002. The filing hours [FR Doc. 04–11559 Filed 5–20–04; 8:45 am] preamble, the Federal Communications at this location are 8 a.m. to 7 p.m. All BILLING CODE 6560–50–P Commission proposes to amend 47 CFR hand deliveries must be held together part 73 as follows: with rubber bands or fasteners. Any envelopes must be disposed of before PART 73—RADIO BROADCAST entering the building. Commercial SERVICES overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) 1. The authority citation for part 73 must be sent to 9300 East Hampton continues to read as follows: Drive, Capitol Heights, MD 20743. U.S. Authority: 47 U.S.C. 154, 303, 334 and 336.

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§ 73.622 [Amended] Washington, DC. This document may South Dakota, as the community’s first 2. Section 73.622(b), the Table of also be purchased from the local aural transmission service. Digital Television Allotments under Commission’s duplicating contractors, Channel 257C can be allotted to North Dakota is amended by removing Qualex International, Portals II, 445 Rosebud in compliance with the DTV channel 14 and adding DTV 12th Street, SW., Room CY–B402, Commission’s minimum distance channel 18 at Jamestown. Washington, DC 20554, telephone 202– separation requirements with a site Federal Communications Commission. 863–2893, or via e-mail restriction of 5.2 kilometers (3.2 miles) [email protected]. east at petitioner’s requested site. The Barbara A. Kreisman, Provisions of the Regulatory coordinates for Channel 257C at Chief, Video Division, Media Bureau. Flexibility Act of 1980 do not apply to Rosebud are 43–13–01 North Latitude [FR Doc. 04–11542 Filed 5–20–04; 8:45 am] this proceeding. and 100–47–33 West Longitude. BILLING CODE 6712–01–P Members of the public should note DATES: Comments must be filed on or that from the time a Notice of Proposed before June 25, 2004 and reply Rule Making is issued until the matter comments on or before July 12, 2004. FEDERAL COMMUNICATIONS is no longer subject to Commission COMMISSION consideration or court review, all ex ADDRESSES: Federal Communications Commission, Washington, DC 20054. In 47 CFR Part 73 parte contacts are prohibited in Commission proceedings, such as this addition to filing comments with the [DA 04–1236; MB Docket No. 04–169; RM– one, which involve channel allotments. FCC, interested parties should serve the 10760] See 47 CFR 1.1204(b) for rules petitioner, or its counsel or consultant, governing permissible ex parte contacts. as follows: William Kindle, Chairman, Radio Broadcasting Services; El Indio, For information regarding proper Rosebud Sioux Tribe, P.O. Box 430, TX filing procedures for comments, see 47 Rosebud, South Dakota 57570 AGENCY: Federal Communications CFR 1.415 and 1.420. (Petitioner). Commission. List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. Radio, Radio broadcasting. Sharon P. McDonald, Media Bureau, (202) 418–2180. SUMMARY: This document requests For the reasons discussed in the comments on a petition for rulemaking preamble, the Federal Communications SUPPLEMENTARY INFORMATION: This is a filed by Charles Crawford requesting the Commission proposes to amend 47 CFR synopsis of the Commission’s Notice of allotment of Channel 236A at El Indio, part 73 as follows: Proposed Rule Making, MB Docket No. Texas. The coordinates for Channel 04–170, adopted June 25, 2004, and PART 73—RADIO BROADCAST 236A at El Indio are 28–30–22 and 100– released July 12, 2004. The full text of SERVICES 18–03. There is a site restriction 1.3 this Commission decision is available kilometers (0.8 miles) southeast of the 1. The authority citation for part 73 for inspection and copying during community. Since El Indio is located continues to read as follows: normal business hours in the FCC Reference Information Center (Room within 320 kilometers of U.S.-Mexican Authority: 47 U.S.C. 154, 303, 334 and 336. Border, concurrence of the Mexican CY–A257), 445 12th Street, SW., Government will be requested for this § 73.202 [Amended] Washington, DC. The complete text of allotment. 2. Section 73.202(b), the Table of FM this decision may also be purchased from the Commission’s copy contractor, DATES: Comments must be filed on or Allotments under Texas, is amended by adding Channel El Indio, 236A. Qualex International, Portals II, 445 before June 25, 2004, and reply 12th Street, SW., Room CY–B402, comments on or before July 12, 2004. Federal Communications Commission. Washington, DC 20554. ADDRESSES: Secretary, Federal John A. Karousos, Provisions of the Regulatory Communications Commission, 445 Assistant Chief, Audio Division, Media Flexibility Act of 1980 do not apply to Twelfth Street, SW., Washington, DC Bureau. this proceeding. 20554. In addition to filing comments [FR Doc. 04–11541 Filed 5–20–04; 8:45 am] Members of the public should note with the FCC, interested parties should BILLING CODE 6712–01–P serve the petitioner as follows: Charles that from the time a Notice of Proposed Crawford, 4553 Bordeaux Avenue, Rule Making is issued until the matter Dallas, Texas 75205 and Gene A. FEDERAL COMMUNICATIONS is no longer subject to Commission Bechtel, Law Offices of Gene Bechtel, COMMISSION consideration or court review, all ex 1050 17th Street, NW., Suite 600, parte contacts are prohibited in Washington, DC 20036. 47 CFR Part 73 Commission proceedings, such as this one, which involve channel allotments. FOR FURTHER INFORMATION CONTACT: [DA 04–1237; MB Docket No. 04–170, RM– See 47 CFR 1.1204(b) for rules 10766] Rolanda F. Smith, Media Bureau, (202) governing permissible ex parte contacts. 418–2180. Radio Broadcasting Services; SUPPLEMENTARY INFORMATION: This is a List of Subjects for 47 CFR Part 73 Rosebud, SD synopsis of the Commission’s Notice of Radio, Radio broadcasting. Proposed Rule Making, MB Docket No. AGENCY: Federal Communications 04–169, adopted April 30, 2004, and Commission. For the reasons discussed in the preamble, the Federal Communications released May 4, 2004. The full text of ACTION: Proposed rule. this Commission decision is available Commission proposes to amend 47 CFR for inspection and copying during SUMMARY: The Commission requests part 73 as follows: normal business hours in the FCC’s comments on a petition filed by Part 73 of title 47 of the Code of Reference Information Center at Portals Rosebud Sioux Tribe proposing the Federal Regulations is amended as II, CY–A257, 445 Twelfth Street, SW., allotment of Channel 257C at Rosebud, follows:

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PART 73—RADIO BROADCAST this Commission decision is available ACTION: Proposed rule. SERVICES for inspection and copying during normal business hours in the FCC’s SUMMARY: This document sets forth a 1. The authority citation for part 73 Reference Information Center at Portals proposal to amend the FM Table of continues to read as follows: II, CY–A257, 445 Twelfth Street, SW., Allotments, §73.202(b) of the Authority: 47 U.S.C. 154, 303, 334, and Washington, DC. This document may Commission’s rules, 47 CFR 73.202(b). 336. also be purchased from the The Commission requests comment on a petition filed by KIXC–FM, L.L.C., § 73.202 [Amended] Commission’s duplicating contractors, Qualex International, Portals II, 445 licensee of Station KIXC–FM, Channel 2. Section 73.202(b), the Table of FM 12th Street, SW., Room CY–B402, 265C3, Quanah, Texas. Petitioner Allotments under South Dakota, is Washington, DC 20554, telephone 202– proposes to delete Channel 265C3 at amended by adding, Rosebud, Channel 863–2893, or via e-mail Quanah, Texas, to allot Channel 265C3 257C. [email protected]. at Iowa Park, Texas, and to modify the Federal Communications Commission. Provisions of the Regulatory license of Station KIXC–FM John A. Karousos, Flexibility Act of l980 do not apply to accordingly. Channel 265C3 can be Assistant Chief, Audio Division, Media this proceeding. allotted to Iowa Park in compliance Bureau. Members of the public should note with the Commission’s minimum [FR Doc. 04–11545 Filed 5–20–04; 8:45 am] that from the time a Notice of Proposed distance separation requirements with a BILLING CODE 6712–01–P Rule Making is issued until the matter site restriction of 15.3 km (9.5 miles) is no longer subject to Commission southwest of Iowa Park. The coordinates consideration or court review, all ex for Channel 265C3 at Iowa Park are 33– FEDERAL COMMUNICATIONS parte contacts are prohibited in 53–55 North Latitude and 98–49–16 COMMISSION Commission proceedings, such as this West Longitude. See SUPPLEMENTARY one, which involve channel allotments. INFORMATION infra. 47 CFR Part 73 See 47 CFR 1.1204(b) for rules DATES: Comments must be filed on or [DA 04–1238; MB Docket No. 04–168; RM– governing permissible ex parte contacts. before June 18, 2004, and reply 10832] For information regarding proper comments on or before July 5, 2004. filing procedures for comments, see 47 ADDRESSES: Federal Communications Radio Broadcasting Services; CFR 1.415 and 1.420. Commission, Washington, DC 20554. In Waitsburg, WA List of Subjects in 47 CFR Part 73 addition to filing comments with the AGENCY: Federal Communications Radio, Radio broadcasting. FCC, interested parties should serve the Commission. For the reasons discussed in the petitioner as follows: Fred R. Morton, ACTION: Proposed rule. preamble, the Federal Communications Manager, KIXC–FM, L.L.C., 67 Legend Commission proposes to amend 47 CFR Lane, Houston, Texas 77024. SUMMARY: This document requests part 73 as follows: FOR FURTHER INFORMATION CONTACT: comments on a petition for rulemaking Deborah A. Dupont, Media Bureau (202) filed by Waitsburg Broadcasting PART 73—RADIO BROADCAST 418–7072. Company requesting the allotment of SERVICES Channel 272A at Waitsburg, SUPPLEMENTARY INFORMATION: This is a Washington. The coordinates for 1. The authority citation for part 73 synopsis of the Commission’s Notice of Channel 272A at Waitsburg are 46–17– continues to read as follows: Proposed Rule Making, MB Docket No. 41 and 117–59–47. There is a site Authority: 47 U.S.C. 154, 303, 334 and 336. 04–162, adopted April 22, 2004 and restriction 12.3 kilometers (7.6 miles) released April 27, 2004. The full text of east of the community. Canadian § 73.202 [Amended] this Commission decision is available concurrence will be requested for the 2. Section 73.202(b), the Table of FM for inspection and copying during allotment of Channel 272A at Allotments under Washington, is normal business hours in the FCC Waitsburg. amended by adding Waitsburg, Channel Reference Information Center (Room 272A. CY–A257), 445 12th Street, SW., DATES: Comments must be filed on or Washington, DC. The complete text of Federal Communications Commission. before June 25, 2004, and reply this decision may also be purchased comments on or before July 12, 2004. John A. Karousos, from the Commission’s copy contractor, ADDRESSES: Secretary, Federal Assistant Chief, Audio Division, Media Qualex International, Portals II, 445 Communications Commission, 445 Bureau. 12th Street, SW., Room CY–B402, Twelfth Street, SW., Washington, DC [FR Doc. 04–11546 Filed 5–20–04; 8:45 am] Washington, DC 20554, telephone (202) 20554. In addition to filing comments BILLING CODE 6712–01–P 863–2893. with the FCC, interested parties should The Provisions of the Regulatory serve the petitioner as follows: Thomas Flexibility Act of 1980 do not apply to FEDERAL COMMUNICATIONS D. Hodgins, Waitsburg Broadcasting this proceeding. Members of the public COMMISSION Company, 45 Campbell road, Walla should note that from the time a Notice Walla, Washington 99362. 47 CFR Part 73 of Proposed Rule Making is issued until FOR FURTHER INFORMATION CONTACT: the matter is no longer subject to Rolanda F. Smith, Media Bureau, (202) [DA 04–1077; MB Docket No. 04–162, RM– Commission consideration or court 418–2180. 10959] review, all ex parte contacts are SUPPLEMENTARY INFORMATION: This is a Radio Broadcasting Services; Iowa prohibited in Commission proceedings, synopsis of the Commission’s Notice of Park and Quanah, TX such as this one, which involve channel Proposed Rule Making, MB Docket No. allotments. See 47 CFR 1.1204(b) for 04–168, adopted April 30, 2004, and AGENCY: Federal Communications rules governing permissible ex parte released May 4, 2004. The full text of Commission. contacts.

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For information regarding proper DATES: Comments must be filed on or removing Wilmington, Channel 272A, filing procedures for comments, see 47 before June 18, 2004, and reply and adding Mount Sterling, Channel CFR 1.415 and 1.420. comments on or before July 5, 2004. 272A. List of Subjects in 47 CFR Part 73 ADDRESSES: Secretary, Federal Federal Communications Commission. Communications Commission, 445 12th Radio, Radio broadcasting. John A. Karousos, Street, SW., Room TW–A325, Assistant Chief, Audio Division Media For the reasons discussed in the Washington, DC 20554. In addition to Bureau. preamble, the Federal Communications filing comments with the FCC, [FR Doc. 04–11548 Filed 5–20–04; 8:45 am] Commission proposes to amend 47 CFR interested parties should serve the BILLING CODE 6712–01–P part 73 as follows: petitioner’s counsel, as follows: Dennis F. Begley, Esq., Reddy, Begley & PART 73—RADIO BROADCAST McCormick, LLP; 1156 15th Street, NW., FEDERAL COMMUNICATIONS SERVICES Suite 610; Washington, DC 20005–1770. COMMISSION 1. The authority citation for part 73 FOR FURTHER INFORMATION CONTACT: R. continues to read as follows: Barthen Gorman, Media Bureau, (202) 47 CFR Part 73 418–2180. Authority: 47 U.S.C. 154, 303, 334 and 336. SUPPLEMENTARY INFORMATION: This is a [DA 04–1079; MM Docket No. 01–115; RM– § 73.202 [Amended] synopsis of the Commission’s Notice of 10129; 10325] 2. Section 73.202(b), the Table of FM Proposed Rule Making, MB Docket No. Allotments under Texas, is amended by 04–161, adopted April 22, 2004, and Radio Broadcasting Services; Alpena, adding Channel 265C3 at Iowa Park and released April 27, 2004. The full text of Au Gres, Beaverton, Cheboygan, by removing Quanah, Channel 265C3. this Commission decision is available Frankfort, and Standish, MI for inspection and copying during Federal Communications Commission. regular business hours in the FCC’s AGENCY: Federal Communications John A. Karousos, Reference Information Center at Portals Commission. Assistant Chief, Audio Division, Media II, 445 12th Street, SW., CY–A257, ACTION: Proposed rule; dismissal. Bureau. Washington, DC, 20554. This document [FR Doc. 04–11547 Filed 5–20–04; 8:45 am] may also be purchased from the SUMMARY: At the request of Au Gres BILLING CODE 6712–01–P Commission’s duplicating contractors, Broadcasting Company, we dismiss its Qualex International, Portals II, 445 petition for rule making proposing the 12th Street, SW., Room CY–B402, allotment of Channel 295A at Au Gres, FEDERAL COMMUNICATIONS Washington, DC, 20554, telephone 202- Michigan, as the community’s first local COMMISSION 863–2893, facsimile 202–863–2898, or aural transmission service (RM–10129). 47 CFR Part 73 via e-mail [email protected]. See 66 FR 31597, June 12, 2001. As The provisions of the Regulatory requested, we also dismiss the [DA 04–1078; MB Docket No. 04–161; RM– Flexibility Act of 1980 do not apply to counterproposal of Fort Bend 10961] this proceeding. Broadcasting Company proposing the Members of the public should note upgrade from Channel 257C2 to Radio Broadcasting Services; Mount that from the time a Notice of Proposed Channel 257C1 at Frankfort, Michigan, Sterling and Wilmington, OH Rule Making is issued until the matter and the required channel substitutions AGENCY: Federal Communications is no longer subject to Commission to accommodate the upgrade (RM– Commission. consideration or court review, all ex 10325). A showing of continuing ACTION: Proposed rule. parte contacts are prohibited in interest is required before a channel will Commission proceedings, such as this be allotted. It is the Commission’s SUMMARY: This document requests one, which involve channel allotments. policy to refrain from making an comments on a petition for rule making See 47 CFR 1.1204(b) for rules allotment to a community absent an filed by Vernon R. Baldwin, Inc., governing permissible ex parte contacts. expression of interest. licensee of Station WKLN(FM), Channel For information regarding proper FOR FURTHER INFORMATION CONTACT: 272A, Wilmington, Ohio. The petition filing procedures for comments, see 47 Sharon P. McDonald, Media Bureau, proposes to reallot Channel 272A, CFR 1.415 and 1.420. (202) 418–2180. Station WKLN(FM), from Wilmington to List of Subjects in 47 CFR Part 73 Mount Sterling, Ohio, thus providing SUPPLEMENTARY INFORMATION: This is a Mount Sterling with its first local aural Radio, Radio broadcasting synopsis of the Commission’s Report transmission service. The coordinates For the reasons discussed in the and Order, MM Docket No. 01–115, for requested Channel 272A at Mount preamble, the Federal Communications adopted April 22, 2004, and released Sterling, Ohio, are 39–35–16 NL and Commission proposes to amend 47 CFR April 27, 2004. The full text of this 83–13–26 WL, with a site restriction of Part 73 as follows: Commission decision is available for 15 kilometers (9.4 miles) south of Mount inspection and copying during normal PART 73—RADIO BROADCAST Sterling. business hours in the FCC Reference Petitioner’s reallotment proposal SERVICES Information Center (Room CY–A257), complies with the provisions of Section 1. The authority citation for Part 73 445 12th Street, SW., Washington, DC. 1.420(i) of the Commission’s Rules, and continues to read as follows: The complete text of this decision may therefore, the Commission will not Authority: 47 U.S.C. 154, 303, 334, and also be purchased from the accept competing expressions of interest 336. Commission’s copy contractors, Qualex in the use of Channel 272A at Mount International, Portals II, 445 12th Street, Sterling, Ohio, or require the petitioner § 73.202 [Amended] SW., Room CY–B402, Washington, DC to demonstrate the availability of an 2. Section 73.202(b), the Table of FM 20554. This document is not subject to additional equivalent class channel. Allotments under Ohio, is amended by the Congressional Review Act.

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Federal Communications Commission. Division (Code HK); (202) 358–1645; e- and procedures, will be incorporated John A. Karousos, mail: [email protected]. into the NASA-maintained Internet Assistant Chief, Audio Division, Media SUPPLEMENTARY INFORMATION: version of the NFS through Procurement Bureau. Notices (PNs). The single official NASA- A. Background [FR Doc. 04–11550 Filed 5–20–04; 8:45 am] maintained version of the NFS will BILLING CODE 6712–01–P Currently the NASA FAR Supplement remain available on the Internet. NASA (NFS) contains information to personnel must comply with all implement or supplement the FAR. This regulatory and internal guidance and NATIONAL AERONAUTICS AND information contains NASA’s policies, procedures contained in the NFS. SPACE ADMINISTRATION procedures, contract clauses, solicitation provisions, and forms that This change will result in savings in terms of the number of rules subject to 48 CFR Parts 1852, 1853 and 1872 govern the contracting process or otherwise control the relationship publication in the Federal Register and RIN 2700–AC88 between NASA and contractors or provide greater responsiveness to prospective contractors. The NFS also internal administrative changes. Re-Issuance of NASA FAR Supplement contains information that consists of B. Regulatory Flexibility Act Subchapters H and I internal Agency administrative AGENCY: National Aeronautics and procedures and guidance that does not This proposed rule is not expected to Space Administration. control the relationship between NASA have a significant economic impact on and contractors or prospective a substantial number of small entities ACTION: Proposed rule. contractors. Regardless of the nature of with the meaning of the Regulatory SUMMARY: This proposed rule would the information, as a policy, NASA has Flexibility Act, 5 U.S.C. 601. et seq., amend the NASA FAR Supplement submitted to the Office of Information because this rule would only remove (NFS) by removing from the Code of and Regulatory Affairs (OIRA) within from the CFR information that is Federal Regulations (CFR) those the Office of Management and Budget considered internal Agency portions of the NFS containing (OMB) and published in the Federal administrative procedures and information that consists of internal Register all changes to the NFS. FAR guidance. The information removed Agency administrative procedures and 1.101 states in part that the ‘‘Federal from the CFR will continue to be made guidance that does not control the Acquisition Regulations System consists available to the public via the Internet. relationship between NASA and of the Federal Acquisition Regulation C. Paperwork Reduction Act contractors or prospective contractors. (FAR), which is the primary document, and agency acquisition regulations that This change is consistent with the The Paperwork Reduction Act does guidance and policy regarding what implement or supplement the FAR. The FAR System does not include internal not apply because the changes do not comprises the Federal Acquisition impose recordkeeping or information Regulations System and requires agency guidance of the type described in 1.301(a)(2).’’ FAR 1.301(a)(2) states in collection requirements which require publication for public comment. The the approval of the Office of NFS document will continue to contain part ‘‘an agency head may issue or authorize the issuance of internal Management and Budget under 44 both information requiring codification U.S.C. 3501, et seq. in the CFR and internal Agency agency guidance at any organizational guidance in a single document that is level (e.g., designations and delegations List of Subjects in 48 CFR 1852, 1853, available on the Internet. This change of authority, assignments of and 1872 will reduce the administrative burden responsibilities, work-flow procedures, and internal reporting requirements).’’ and time associated with maintaining Government procurement. Further, FAR 1.303 states that issuance the NFS by only publishing in the under FAR 1.301(a)(2) need not be Tom Luedtke, Federal Register for codification in the published in the Federal Register. Assistant Administrator for Procurement. CFR material that is subject to public Based on the foregoing, NASA is not comment. Accordingly, 48 CFR Parts 1852, 1853, required to publish and codify internal and 1872 are proposed to be amended DATES: Comments should be submitted Agency guidance. on or before July 20, 2004, to be This proposed rule will modify the as follows: considered in formulation of the final existing practice by only publishing 1. The authority citation for 48 CFR rule. those regulations which may have a Parts 1852, 1853, and 1872 continues to significant effect beyond the internal read as follows: ADDRESSES: Interested parties may operating procedures of the Agency or submit comments, identified by RIN Authority: 42 U.S.C. 2473(c)(1). number 2700–AC88, via the Federal have a significant cost or administrative impact on contractor or offerors. eRulemaking Portal: http:// PART 1852—SOLICITATION The NFS will continue to integrate www.regulations.gov. Follow the PROVISIONS AND CONTRACT into a single document both regulations CLAUSES instructions for submitting comments. subject to puplic comments and internal Comments may also be submitted to Agency guidance and procedures that Amend part 1852 by— Celeste Dalton, NASA, Office of do not require public comment. Those Procurement, Contract Management portions of the NFS that require public (a) Removing subpart 1852.1; and Division (Code HK), Washington, DC comment will continue to be amended (b) In the introductory text of section 20546. Comments can also be submitted by publishing changes in the Federal by e-mail to: 1852.223–74, removing ‘‘1823.570–3;’’ Register. NFS regulations that require and adding ‘‘1823.570–2’’ in its place. [email protected]. public comment are issued as Chapter FOR FURTHER INFORMATION CONTACT: 18 of Title 48, CFR. Changes to portions PART 1853—FORMS Celeste Dalton, NASA, Office of of the regulations contained in the CFR, Procurement, Contract Management along with changes to internal guidance 3. Remove and reserve Part 1853.

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PART 1872—ACQUISITIONS OF INVESTIGATIONS 4. Remove and reserve Part 1872. [FR Doc. 04–11457 Filed 5–20–04; 8:45 am] BILLING CODE 7510–01–M

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Notices Federal Register Vol. 69, No. 99

Friday, May 21, 2004

This section of the FEDERAL REGISTER pesticide applications for a period of 2 Federal rules, and, to the extent feasible, contains documents other than rules or years. The regulations also provide for with State and local governmental rules; proposed rules that are applicable to the access to pesticide records by Federal or and (5) the length of time since the rule public. Notices of hearings and investigations, State designated agencies, or access to has been evaluated or the degree to committee meetings, agency decisions and record information by licensed health rulings, delegations of authority, filing of which technology, economic conditions, petitions and applications and agency care professionals when needed to treat or other factors have changed in the area statements of organization and functions are an individual who may have been affected by the rule. examples of documents appearing in this exposed to restricted use pesticides, and All three parties who commented section. penalties for enforcement of the stated that the current recordkeeping recordkeeping and access provisions. requirements were sufficient as written The regulations were implemented and the requirements of the regulations DEPARTMENT OF AGRICULTURE under the authority of the Food, do not impose a burden that is too Agriculture, Conservation, and Trade Agricultural Marketing Service complex for the pesticide applicators to Act of 1990, (Pub. L. 101–624; 7 U.S.C. understand and follow. In addition, the [Doc. No. ST04–04] 136i–1). Michigan Department of Agriculture AMS initially published in the stated, ‘‘the program continues to offer Recordkeeping Requirements for Federal Register (February 18, 1999 (63 agricultural producers, workers and the Certified Applicators of Federally FR 8014)) its plan to review certain department a flexible method by which Restricted Use Pesticides; Section 610 regulations, including the pesticide application records can be Review ‘‘Recordkeeping Requirements for maintained and accessed as needed.’’ Certified Applicators of Federally AGENCY: Agricultural Marketing Service, Restricted Use Pesticides’’, under The regulations were established to USDA. criteria contained in section 610 of the provide accurate data on the actual use ACTION: Confirmation of regulations. Regulatory Flexibility Act (RFA; U.S.C. of restricted use pesticides both in the 601–612). An updated plan was agricultural and non-agricultural areas. SUMMARY: This document summarizes Due to the requirement to maintain results of an Agricultural Marketing published in the Federal Register on August 14, 2003 (68 FR 48574). Because restricted use pesticide records, the Service (AMS) review of regulations National Agricultural Statistics Service pertaining to Recordkeeping many AMS regulations impact small entities, AMS has decided, as a matter (NASS) has been able to collect accurate Requirements for Certified Applicators information from agricultural producers of Federally Restricted Use Pesticides, of policy, to review certain regulations which, although they may not meet the through their voluntary surveys. NASS which requires certified applicators to has stated that the data collected is more maintain records of restricted use threshold requirement under section 610 of the RFA, warrant review. AMS accurate due to applicators referring to pesticide applications, under the criteria actual records when surveyed. In contained in section 610 of the published a notice of review and request for written comments on the today’s atmosphere, where there are Regulatory Flexibility Act (RFA). Based efforts to expand trade internationally on its review, AMS has determined that Recordkeeping Requirements for Certified Applicators of Federally and there is the need to monitor the the regulations should be continued food supply as part of homeland without change. Restricted Use Pesticides in the Federal Register May 2, 2003 (68 FR 23439). security, maintaining records on ADDRESSES: Interested persons may During the comment period, three restricted use pesticides applied to obtain a copy of the review. Request for written comments in support of the agricultural products is important for copies should be sent to Pesticide regulations were received. The producers. Records Branch, Science and comments were received from the Additionally, the regulations require Technology, AMS, USDA, 8609 Sudley National Cotton Council of America, access to restricted use pesticide records Road, Suite 203, Manassas, Virginia National Corn Growers Association and when needed for purposes of medical 20110–4582; Fax: (703) 330–6110 or e- the Michigan Department of treatment. AMS reviewed the Worker mail: [email protected] or Agriculture. Protection Standards (WPS) put into www.regulations.gov. The AMS review was undertaken to place by EPA in 1994 to determine if FOR FURTHER INFORMATION CONTACT: determine whether the regulations, there was a duplication of requirements Bonnie Poli, Pesticide Records Branch, ‘‘Recordkeeping Requirements for between the two regulations. WPS AMS, USDA, 8609 Sudley Road, Suite Certified Applicators of Federally provides for the posting of application 203, Manassas, Virginia 20110–4582; Restricted Use Pesticides’’, should be information for both restricted and telephone (703) 330–7826; Fax: (703) continued without change, amended, or general use pesticides for worker safety. 330–6110; or e-mail: rescinded to minimize the impacts on WPS does not require the information [email protected]. small entities. In conducting the review, be maintained past the period of time SUPPLEMENTARY INFORMATION: AMS considered the following factors: required for posting. In addition, the ‘‘Recordkeeping Requirements for (1) The continued need for the rule; (2) WPS covers only agricultural Certified Applicators of Federally the nature of complaints or comments production which uses agricultural Restricted Use Pesticides’’, as amended received from the public concerning the labor. Therefore, AMS determined that (7 CFR part 110) require certified rule; (3) the complexity of the rule; (4) although similar to the Federal pesticide pesticide applicators to maintain the extent to which the rule overlaps, recordkeeping regulations, WPS does records of federally restricted use duplicates, or conflicts with other not replace the need for the regulations.

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Based on its review, AMS has finding of no significant impact have that are plant pests or that there is determined that the ‘‘Recordkeeping been prepared relative to the issuance of reason to believe are plant pests. Such Requirements for Certified Applicators a permit to allow the confined field genetically engineered organisms and of Federally Restricted Use Pesticides’ testing of genetically engineered products are considered ‘‘regulated should be continued without change. nonpathogenic (avirulent) strains of a articles.’’ A permit must be obtained or AMS did not receive any complaints bacterium, Erwinia amylovora, the a notification acknowledged before a or negative comments regarding the causal agent of fire blight disease. The regulated article may be introduced into program or the regulations during the environmental assessment provides a the United States. The regulations set comment period of the Section 610 basis for our conclusion that this field forth the permit application review. The regulations are not complex test will not present a risk of requirements and the notification and AMS has provided flexibility to introducing or disseminating a plant procedures for the importation, certified applicators on methods to pest and will not have a significant interstate movement, and release into maintain the pesticide application impact on the quality of the human the environment of a regulated article. records. The program has not mandated environment. Based on its finding of no On October 6, 2003, the Animal and any set form of recordkeeping system; significant impact, the Animal and Plant Plant Health Inspection Service (APHIS) therefore, certified applicators are free Health Inspection Service has received a permit application (APHIS to select a recordkeeping system that determined that an environmental No. 03–279–01r) from Oregon State suits their needs. AMS has supported impact statement need not be prepared University, Corvalis, OR, for a permit to educational outreach programs and has for this field test. field test avirulent strains 153 HrpS- provided materials to the regulated and 153 HrpL- of the bacterial pathogen, DATES: Effective Date: May 11, 2004. community since early 1993 in order to Erwinia amylovora, the causal agent of boost compliance with the regulations. ADDRESSES: You may read the fire blight disease, on apple and pear To reduce the burden on small entities, environmental assessment and finding trees in Benton and Jackson Counties, AMS has evaluated the current State of no significant impact and the OR. pesticide regulatory programs to comment received on an earlier notice APHIS published a notice in the identify regulations requiring restricted of availability in our reading room. The Federal Register on March 22, 2004 (69 use pesticide application records and reading room is located in room 1141 of FR 13280–13281, Docket No. 04–012–1), determined if they are comparable to the the USDA South Building, 14th Street announcing the availability for public Federal regulations. For those States and Independence Avenue, SW., comment of an environmental that have comparable regulations, AMS Washington, DC. Normal reading room assessment (EA) for the proposed deems the State recordkeeping hours are 8 a.m. to 4:30 p.m., Monday confined field test of genetically requirements equivalent to the Federal through Friday, except holidays. To be engineered avirulent strains of Erwinia regulations. This allows certified sure someone is there to help you, amylovora. Comments were to have pesticide applicators to maintain the please call (202) 690–2817 before been received by APHIS on or before records under the State regulations and coming. April 21, 2004. APHIS received one eliminates duplicate pesticide You may view APHIS documents comment on the EA during the application record requirements. published in the Federal Register and designated comment period. The AMS will continue to work with its related information, including the comment, which was from a private State cooperators and the regulated names of groups and individuals who individual, simply stated that the communities to assure the intent of the have commented on APHIS dockets, on organism to be tested was worse than Federal Pesticide Recordkeeping the Internet at http:// the nonengineered fire blight and that regulations are carried out with www.aphis.usda.gov/ppd/rad/ the engineered strains were not safe, minimum burden on the entire webrepor.html. without reference to any supporting regulated community. FOR FURTHER INFORMATION CONTACT: Mr. data or information. APHIS evaluated the safety of the engineered avirulent Dated: May 17, 2004. John Cordts, BRS, APHIS, 4700 River strains of Erwinia in the EA, and we Kenneth C. Clayton, Road Unit 147, Riverdale, MD 20737– 1236; (301) 734–5531. To obtain a copy have responded to this comment in an Acting Administrator, Agricultural Marketing attachment to the finding of no Service. of the environmental assessment and finding of no significant impact, contact significant impact (FONSI), which is [FR Doc. 04–11516 Filed 5–20–04; 8:45 am] available as indicated under FOR BILLING CODE 3410–02–P Ms. Kay Peterson at (301) 734–4885; e- mail: [email protected]. The FURTHER INFORMATION CONTACT. The environmental assessment and finding avirulent strains of E. amylovora have been genetically engineered using the of no significant impact are also DEPARTMENT OF AGRICULTURE neomycin phosphotransferase (nptII) available on the Internet at http:// gene of transposon 10 from Escherichia Animal and Plant Health Inspection www.aphis.usda.gov/brs/aphisdocs/ coli strain DH5a and the hrp gene from Service 03_27901r_ea.pdf. E. amylovora strain Ea321. Insertion of [Docket No. 04–012–2] SUPPLEMENTARY INFORMATION: The the transposon within the coding region regulations in 7 CFR part 340, of the E. amylovora hrp gene results in Availability of Environmental ‘‘Introduction of Organisms and inactivation of the gene and disruption Assessment and Finding of No Products Altered or Produced Through of the disease-causing mechanism Significant Impact for Field Test of Genetic Engineering Which Are Plant within the bacterium, thereby rendering Genetically Engineered Organism Pests or Which There Is Reason to the bacterium nonpathogenic or AGENCY: Animal and Plant Health Believe Are Plant Pests,’’ regulate, avirulent. Use of the nptII gene also Inspection Service, USDA. among other things, the introduction confers resistance to the antibiotic ACTION: Notice. (importation, interstate movement, or kanamycin, which is used as a marker release into the environment) of for the avirulent strains. The SUMMARY: We are advising the public organisms and products altered or introduction of the avirulent strains, that an environmental assessment and produced through genetic engineering alone and in combination with other

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nonpathogenic bacteria, is expected to Implementing Procedures (7 CFR part COMMITTEE FOR PURCHASE FROM protect susceptible plants from infection 372). PEOPLE WHO ARE BLIND OR by wild type E. amylovora. The purpose Authority: 7 U.S.C. 1622n and 7701–7772; SEVERELY DISABLED of the field trial is to determine whether 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. the avirulent Hrp-strains are effective as Procurement List; Proposed Addition suppression agents of fire blight, one of Done in Washington, DC, this 13th day of and Deletions May, 2004. the most destructive bacterial diseases AGENCY: Committee for Purchase From of apple, pear, and other trees in the Peter Fernandez, People Who Are Blind or Severely family Rosaceae. Acting Administrator, Animal and Plant The genetically engineered strains of Health Inspection Service. Disabled. E. amylovora are considered regulated [FR Doc. 04–11530 Filed 5–20–04; 8:45 am] ACTION: Proposed addition to and articles under the regulations in 7 CFR BILLING CODE 3410–34–P deletions from Procurement List. part 340 because the recipient organism SUMMARY: The Committee is proposing is a plant pathogen. The tests will be to add to the Procurement List a service conducted in both screenhouse and DEPARTMENT OF AGRICULTURE to be furnished by nonprofit agencies field trials, and access to both sites is Forest Service employing persons who are blind or restricted by fences and/or chained have other severe disabilities, and to gates. Data collection and monitoring on Deschutes and Ochoco National delete products previously furnished by bacterial populations and incidence of Forests Resource Advisory Committee such agencies. disease will be conducted during the Comments Must Be Received On or testing periods. Containment protocols AGENCY: Forest Service, USDA. Before: June 20, 2004. have been designed to limit dispersal of ACTION: Notice of meeting. the recombinant bacterium and are ADDRESSES: Committee for Purchase expected to provide the necessary From People Who Are Blind or Severely SUMMARY: The Deschutes and Ochoco degree of both biological and physical Disabled, Jefferson Plaza 2, Suite 10800, National Forests Resource Advisory 1421 Jefferson Davis Highway, containment. Committee will meet in Redmond, An EA was prepared to examine any Arlington, Virginia 22202–3259. Oregon. The purpose of the meeting is potential environmental impacts and FOR FURTHER INFORMATION CONTACT: to review proposed projects and make plant pest risk associated with the Sheryl D. Kennerly, (703) 603–7740. recommendations under Title II of the proposed field testing of the subject SUPPLEMENTARY INFORMATION: This Secure Rural Schools and Community avirulent mutant strains of E. notice is published pursuant to 41 Self-Determination Act of 2000. amylovora. Based on that EA, APHIS U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its has reached a FONSI relative to DATES: The meeting will be held June 17 purpose is to provide interested persons issuance of a permit for the confined and 18, 2004 from 9 a.m. to 4:30 p.m. an opportunity to submit comments on field testing of the subject strains of ADDRESSES: The meeting will be held at the proposed actions. Erwinia. In summary, we have based our the office of the Central Oregon Addition FONSI on the following conclusions: (1) Intergovernmental Council, 2363 SW. The test bacterium, Erwinia amylovora, Glacier Place, Redmond, Oregon 97756. If the Committee approves the has been rendered incapable of causing Send written comments to Leslie proposed addition, the entities of the disease; (2) virulent strains of this Weldon, Designated Federal Official for Federal Government identified in this bacterium are indigenous to the area of the Deschutes and Ochoco Resource notice for each product or service will the test; (3) dissemination of the bacteria Advisory Committee, c/o Forest Service, be required to procure the service listed will be prevented through physical USDA, Deschutes National Forest, 1645 below from nonprofit agencies methods, normal site security, the small Highway 20 East, Bend, OR 97701 or employing persons who are blind or size of the trials, and decontamination electronically to [email protected]. have other severe disabilities. or appropriate disposal of application equipment; (4) the host range of the FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act Certification engineered bacteria has not changed; (5) Leslie Weldon, Designated Federal I certify that the following action will the bacterium has never been associated Official, Deschutes National Forest, not have a significant impact on a with animal or human disease and will 541–383–5512. substantial number of small entities. not therefore pose a health risk; (6) SUPPLEMENTARY INFORMATION: The The major factors considered for this neomycin phosphotransferase from the meeting is open to the public. certification were: marker gene does not confer any plant Committee discussion is limited to 1. If approved, the action will not pest characteristics to E. amylovora; (7) Forest Service staff and Committee result in any additional reporting, native floral and faunal communities, members. However, persons who wish recordkeeping or other compliance including threatened and endangered to bring Title II matters to the attention requirements for small entities other species, are not in the host range of E. of the Committee may file written than the small organizations that will amylovora and therefore will not be statements with the Committee staff furnish the service to the Government. affected by the trials. before the meeting. A public input 2. If approved, the action will result The EA and FONSI were prepared in session will be provided and in authorizing small entities to furnish accordance with: (1) The National individuals who made written requests the service to the Government. Environmental Policy Act of 1969 by June 11 will have the opportunity to 3. There are no known regulatory (NEPA), as amended (42 U.S.C. 4321 et address the Committee at the session. alternatives which would accomplish seq.), (2) regulations of the Council on the objectives of the Javits-Wagner- Environmental Quality for Dated: May 14, 2004. O’Day Act (41 U.S.C. 46–48c) in implementing the procedural provisions Leslie A.C. Weldon, connection with the service proposed of NEPA (40 CFR parts 1500–1508), (3) Deschutes National Forest Supervisor. for addition to the Procurement List. USDA regulations implementing NEPA [FR Doc. 04–11533 Filed 5–20–04; 8:45 am] Comments on this certification are (7 CFR part 1b), and (4) APHIS’ NEPA BILLING CODE 3410–11–M invited.

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Commenters should identify the COMMITTEE FOR PURCHASE FROM End of Certification statement(s) underlying the certification PEOPLE WHO ARE BLIND OR Accordingly, the following products on which they are providing additional SEVERELY DISABLED are added to the Procurement List: information. Procurement List; Additions and Products End of Certification Deletions Product/NSN: Bakery Mix (Requirement for 100% of Operational Rations Only) The following service is proposed for AGENCY: Committee for Purchase From 8920–00–926–6016 (Biscuit Mix) addition to Procurement List for People Who Are Blind or Severely 8920–00–935–3262 (Chocolate Brownie production by the nonprofit agencies Disabled. Mix) listed: ACTION: Additions to and deletions from 8920–00–823–7229 (Yellow Cake Mix) Procurement List. 8920–00–168–3296 (Chocolate Cookie Mix) Service 8920–00–435–4918 (Cornbread Mix) Service Type/Location: Mechanical SUMMARY: This action adds to the 8920–00–935–3264 (Oatmeal Cookie Mix) Maintenance, Martin Luther King Procurement List products to be 8920–00–175–0429 (Sugar Cookie Mix) Federal Building & U.S. Courthouse, furnished by nonprofit agencies 8940–00–131–8761 (Vanilla Pudding Mix) NPA: Advocacy and Resources Corporation, Newark, New Jersey, Paterson Federal employing persons who are blind or Cookeville, Tennessee. Building, Paterson, New Jersey, Peter W. have other severe disabilities, and Contract Activity: Defense Supply Center Rodino Federal Office Building, Newark, deletes from the Procurement List Philadelphia, Philadelphia, New Jersey, Veterans Administration services previously furnished by such Pennsylvania. Building, Newark, New Jersey. agencies. Deletions NPA: Fedcap Rehabilitation Services, Inc., EFFECTIVE DATE: June 20, 2004. New York, New York. ADDRESSES: Committee for Purchase On March 26, 2004, the Committee for Contract Activity: GSA, PBS—NJ Property From People Who Are Blind or Severely Purchase From People Who Are Blind Management Center, Newark, New or Severely Disabled published notice Jersey. Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, (69 FR 15786/15787) of proposed Deletions Arlington, Virginia 22202–3259. deletions to the Procurement List. After consideration of the relevant matter FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act Certification presented, the Committee has Sheryl D. Kennerly, (703) 603–7740. determined that the services listed I certify that the following action will SUPPLEMENTARY INFORMATION: below are no longer suitable for not have a significant impact on a Additions procurement by the Federal Government substantial number of small entities. On March 26, 2004, the Committee for under 41 U.S.C. 46–48c and 41 CFR 51– The major factors considered for this 2.4. certification were: Purchase From People Who Are Blind or Severely Disabled published notice Regulatory Flexibility Act Certification 1. If approved, the action may result (69 FR 15786) of proposed additions to in additional reporting, recordkeeping I certify that the following action will the Procurement List. After not have a significant impact on a or other compliance requirements for consideration of the material presented small entities. substantial number of small entities. to it concerning capability of qualified The major factors considered for this 2. If approved, the action may result nonprofit agencies to provide the certification were: in authorizing small entities to furnish products and impact of the additions on 1. The action may result in additional the products to the Government. the current or most recent contractors, reporting, recordkeeping or other the Committee has determined that the 3. There are no known regulatory compliance requirements for small products listed below are suitable for alternatives which would accomplish entities. procurement by the Federal Government the objectives of the Javits-Wagner- 2. The action may result in under 41 U.S.C. 46–48c and 41 CFR 51– authorizing small entities to furnish the O’Day Act (41 U.S.C. 46–48c) in 2.4. connection with the products proposed services to the Government. 3. There are no known regulatory for deletion from the Procurement List. Regulatory Flexibility Act Certification alternatives which would accomplish End of Certification I certify that the following action will the objectives of the Javits-Wagner- not have a significant impact on a O’Day Act (41 U.S.C. 46–48c) in The following products are proposed substantial number of small entities. connection with the services deleted for deletion from the Procurement List: The major factors considered for this from the Procurement List. certification were: Products 1. The action will not result in any End of Certification Product/NSN: Pen, Pilot Explorer and Refills, additional reporting, recordkeeping or Accordingly, the following services 7510–01–425–5703 (Refill, Black), 7510– other compliance requirements for small are deleted from the Procurement List: 01–425–5716 (Refill, Blue), 7520–01– entities other than the small 424–4862 (Pen). organizations that will furnish the Services NPA: San Antonio Lighthouse, San Antonio, products to the Government. Service Type/Location: Commissary Shelf Texas. 2. The action will result in Stocking & Custodial, Fort Carson, Contract Activity: Office Supplies & Paper authorizing small entities to furnish the Colorado. Products Acquisition Center, New York, products to the Government. NPA: None Currently Authorized. New York. 3. There are no known regulatory Contract Activity: Defense Commissary Agency, Fort Lee, Virginia. alternatives which would accomplish Patrick Rowe, Service Type/Location: Commissary Shelf the objectives of the Javits-Wagner- Stocking & Custodial, Fort Riley, Kansas. Deputy Executive Director. O’Day Act (41 U.S.C. 46–48c) in NPA: None Currently Authorized. [FR Doc. 04–11525 Filed 5–20–04; 8:45 am] connection with the products proposed Contract Activity: Defense Commissary BILLING CODE 6353–01–P for addition to the Procurement List. Agency, Fort Lee, Virginia.

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Service Type/Location: Commissary Shelf DEPARTMENT OF COMMERCE DHS. Upon acceptance by DHS as a Stocking, Custodial & Warehousing, valid application, the application is McConnell Air Force Base, Kansas. International Trade Administration transmitted to Commerce for processing. NPA: None Currently Authorized. Contract Activity: Defense Commissary III. Data: Request for Duty-Free Entry of OMB Number: 0625–0037. Agency, Fort Lee, Virginia. Scientific Instrument or Apparatus Service Type/Location: Janitorial/Grounds Form Number: ITA–338P. Maintenance, U.S. Army Reserve Center, Type of Review: Extension-Regular ACTION: Proposed collection; comment Hot Springs, Arkansas. Submission. request. NPA: None Currently Authorized. Affected Public: State or local Contract Activity: Department of the Army. SUMMARY: The Department of governments; Federal agencies; Patrick Rowe, Commerce, as part of its continuing nonprofit institutions. Deputy Executive Director. effort to reduce paperwork and Estimated Number of Respondents: [FR Doc. 04–11526 Filed 5–20–04; 8:45 am] respondent burdens, invites the general 60. Estimated Time per Response: 2 BILLING CODE 6353–01–P public and other Federal agencies to take this opportunity to comment on the hours. continuing information collections, as Estimated Total Annual Burden Hours: 120. COMMISSION ON CIVIL RIGHTS required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 Estimated Total Annual Cost: Agenda and Notice of Public Meeting U.S.C. 3506(c)(2)(A)). $152,640 ($2,640 for respondents and of the Massachusetts Advisory DATES: Written comments must be $150,000 for Federal government). Committee submitted on or before July 20, 2004. IV. Request for Comments: Comments are invited on: (a) Whether the proposed ADDRESSES: Direct all written comments Notice is hereby given, pursuant to collection of information is necessary to Diana Hynek, Departmental the provisions of the rules and for the proper performance of the Paperwork Clearance Officer, regulations of the U.S. Commission on functions of the agency, including Department of Commerce, Room 6625, Civil Rights, that a conference call of the whether the information shall have 14th & Constitution Avenue, NW., Massachusetts Advisory Committee will practical utility; (b) the accuracy of the Washington, DC 20230; phone(202) convene at 1 p.m. and adjourn at 2 p.m., agency’s estimate of the burden 482–0266 or via the Internet at Wednesday, May 26, 2004. The purpose (including hours and cost) of the [email protected]. of the conference call is to update proposed collection of information; (c) Advisory Committee members on FOR FURTHER INFORMATION CONTACT: ways to enhance the quality, utility, and planning status and finalize logistical Requests for additional information or clarity of the information to be issues for forum on educational issues copies of the information collection collected; and (d) ways to minimize the in Lynn, Massachusetts. instrument and instructions should be burden of the collection of information This conference call is available to the directed to: Gerald Zerdy, U.S. on respondents, including through the public through the following call-in Department of Commerce, FCB Suite use of automated collection techniques number: 1–800–955–9331, access code: 4100W, 14th Street & Constitution or other forms of information 23836822. Any interested member of the Avenue, NW., Washington, DC 20230; technology. public may call this number and listen phone (202) 482–1660, fax (202) 482– Comments submitted in response to to the meeting. Callers can expect to 0949. this notice will be summarized and/or incur charges for calls not initiated SUPPLEMENTARY INFORMATION: included in the request for OMB using the supplied call-in number or I. Abstract: The Departments of approval of this information collection; over wireless lines, and the Commission Commerce and Homeland Security they also will become a matter of public will not refund any incurred charges. (‘‘DHS’’) are required to determine record. Callers will incur no charge for calls whether nonprofit institutions using the call-in number over land-line Dated: May 18, 2004. established for scientific or educational connections. Persons with hearing Madeleine Clayton, purposes are entitled to duty-free entry impairments may also follow the Management Analyst, Office of the Chief under the Florence Agreement of certain proceedings by first calling the Federal Information Officer. scientific instruments they import. Form Relay Service at 1–800–977–8339 and [FR Doc. 04–11595 Filed 5–20–04; 8:45 am] ITA–338P enables: (1) DHS to determine providing the Service with the BILLING CODE 3510–DS–P whether the statutory eligibility conference call number and access code requirements for the institution and the number. To ensure that the Commission instrument are fulfilled, and (2) DEPARTMENT OF COMMERCE secures an appropriate number of lines Commerce to make a comparison and International Trade Administration for the public, persons are asked to finding as to the scientific equivalency of comparable instruments being register by contacting Aonghas St- [A–791–819] Hilaire of the Eastern Regional Office, manufactured in the United States. Without the collection of the 202–376–7533 (TTY 202–376–8116), by Notice of Preliminary Determination of 4 p.m. on Tuesday, May 25, 2004. information, DHS and Commerce would not have the necessary information to Sales at Less Than Fair Value: Certain The meeting will be conducted Aluminum Plate From South Africa pursuant to the provisions of the rules carry out the responsibilities of and regulations of the Commission. determining eligibility for duty-free AGENCY: Import Administration, entry assigned by law. Dated at Washington, DC , May 14, 2004. International Trade Administration, II. Method of Collection: The Department of Commerce. Ivy L. Davis, Department of Commerce distributes ACTION: Notice of preliminary Chief, Regional Programs Coordination Unit. Form ITA–338P to potential applicants determination of sales at less than fair [FR Doc. 04–11468 Filed 5–20–04; 8:45 am] upon request. The applicant completes value. BILLING CODE 6335–01–P the form and then forwards it to the

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SUMMARY: The Department of Commerce the Department initiated a cost country market, where appropriate.2 (‘‘the Department’’) preliminarily investigation of Hulett’s third country Where there were no sales of identical determines that certain aluminum plate sales (see the March 4, 2004, merchandise in the third country market from South Africa is being, or is likely Memorandum to the File Re: Petitioner’s made in the ordinary course of trade to to be, sold in the United States at less Allegation of Sales Below the Cost of compare to U.S. sales, we compared than fair value, as provided in section Production for Hulett Aluminium (Pty) U.S. sales to sales of the most similar 733(b) of the Tariff Act of 1930, as Limited). foreign like product made in the amended (‘‘the Act’’). On March 9, 2004, the Department ordinary course of trade. In making the Interested parties are invited to extended the time limit for the product comparisons, we matched comment on this preliminary preliminary results in this review until foreign like products based on the determination. We will make our final May 13, 2004. See Notice of physical characteristics reported by the determination not later than 75 days Postponement of Preliminary respondents in the following order of after the preliminary determination. Determination of Sales at Less Than importance: alloy, temper, gauge, width, DATES: Effective Date: May 21, 2004. Fair Value: Certain Aluminum Plate and length. from South Africa, 69 FR 10980. FOR FURTHER INFORMATION CONTACT: Date of Sale Rebecca Trainor or Kate Johnson, Import Scope of Investigation Section 351.401(i) of the Department’s Administration, International Trade The merchandise covered by this regulations states that the Department Administration, U.S. Department of investigation is 6000 series aluminum will normally use the date of invoice, as Commerce, 14th Street and Constitution alloy, flat surface, rolled plate, whether recorded in the exporter’s or producer’s Avenue, NW., Washington, DC 20230; in coils or cut-to-length forms, that is records kept in the ordinary course of telephone: (202) 482–4007 or (202) 482– rectangular in cross section with or business, as the date of sale. However, 4929, respectively. without rounded corners and with a the Department may use a date other SUPPLEMENTARY INFORMATION: thickness of not less than .250 inches than the date of invoice if the alternative Background (6.3 millimeters). 6000 Series better reflects the date on which the Aluminum Rolled Plate is defined by material terms of sale (e.g., price and Since the initiation of this the Aluminum Association, Inc. quantity) are established. On February investigation (Initiation of Antidumping Excluded from the scope of this 6, March 5, and March 22, 2004, the Duty Investigation: Certain Aluminum investigation are extruded aluminum petitioner submitted letters to the Plate from South Africa, 68 FR 64081 products and tread plate. Department arguing that the dates of (November 12, 2003)) (‘‘Initiation The merchandise subject to this either the framework agreement or the Notice’’), the following events have investigation is currently classifiable release order more accurately reflect the occurred. under subheading 7606.12.3030 of the date on which the material terms of sale On December 1, 2003, the United Harmonized Tariff Schedule of the were established for the majority of the States International Trade Commission United States (HTS). Although the HTS reported U.S. and third country sales (ITC) preliminarily determined that subheading is provided for convenience transactions than does the invoice date. there is a reasonable indication that and customs purposes, our written At the Department’s request, Hulett imports of certain aluminum plate from description of the scope of this submitted additional information on South Africa are materially injuring the investigation is dispositive. April 2, 2004. We found that this United States industry (see ITC Period of Investigation documentation, subject to verification, Investigation No. 731–TA–1056 demonstrated that the quantity of (Publication No. 3654)). The period of investigation (‘‘POI’’) is aluminum plate ultimately sold changes On December 5, 2003, we selected the October 1, 2002, through September 30, significantly between the time the largest producer/exporter of certain 2003. framework agreements and release aluminum plate from South Africa as Fair Value Comparisons orders are established and the time the the mandatory respondent in this commercial invoices are issued. proceeding. For further discussion, see To determine whether sales of certain Therefore, we have used the reported the December 5, 2003, Memorandum to aluminum plate from South Africa to U.S. and third country invoice dates as Louis Apple, Director Office 2, from The the United States were made at less than the dates of sale for purposes of the Team Re: Selection of Respondent. Also fair value (‘‘LTFV’’), we compared the preliminary determination. on December 5, 2003, we issued the export price (‘‘EP’’) to the normal value antidumping questionnaire to Hulett (‘‘NV’’), as described in the ‘‘Export Export Price Aluminium (Pty) Limited (‘‘Hulett’’). Price’’ and ‘‘Normal Value’’ sections of We used EP methodology, in During the period January through this notice, below. In accordance with accordance with section 772(a) of the May 2004, the Department received section 777A(d)(1)(A)(I) of the Act, we Act, because the subject merchandise responses to sections A through D of the compared POI weighted-average EPs to was sold directly by the producer/ Department’s original and supplemental weighted-average NVs. exporter in South Africa to the first questionnaires from Hulett.1 Product Comparisons unaffiliated purchaser in the United On February 13, 2004, the petitioner States prior to importation and made an allegation that Hulett sold In accordance with section 771(16) of constructed export price (‘‘CEP’’) certain aluminum plate in a third the Act, we considered all products methodology was not otherwise country market at prices below the cost produced and sold by the respondent in indicated. of production (COP). On March 4, 2004, the third country market during the POI We based EP on the packed price to that fit the description in the ‘‘Scope of unaffiliated purchasers in the United 1 The Section D supplemental response was filed Investigation’’ section of this notice to States. In accordance with section on May 11, 2004, but not received in time to be be foreign like products for purposes of used for purposes of the preliminary determination. 772(c)(2)(A) of the Act, we made Accordingly, for purposes of the preliminary determining appropriate product determination, we used the original Section D comparisons to U.S. sales. We compared 2 See the discussion of home market viability in questionnaire response dated April 30, 2004. U.S. sales to sales made in the third the ‘‘Normal Value’’ section of this notice.

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deductions for movement expenses, NV based on either home market or C. Calculation of Normal Value 3 including, where appropriate, foreign third country prices ), we consider the We calculated NV based on CIF or inland freight, warehousing, foreign starting prices before any adjustments. C&F prices to unaffiliated customers. brokerage and handling, international For CEP sales, we consider only the We made deductions, where freight, and marine insurance. We selling activities reflected in the price appropriate, from the starting price for added billing adjustments to EP, where after the deduction of expenses and movement expenses, including inland appropriate. profit under section 772(d) of the Act. freight, warehousing, brokerage and See Micron Technology, Inc. v. United Normal Value handling, international freight, and States, 243 F. 3d 1301, 1314–1315 (Fed. marine insurance, under section A. Home Market Viability Cir. 2001). 773(a)(6)(B)(ii) of the Act. In addition, In order to determine whether there is When the Department is unable to we made adjustments under section a sufficient volume of sales in the home match U.S. sales to sales of the foreign 773(a)(6)(C)(iii) of the Act and 19 CFR market to serve as a viable basis for like product in the comparison market 351.410 for differences in circumstances calculating NV (i.e., the aggregate at the same LOT as the EP or CEP, the of sale for imputed credit, warranty, and volume of home market sales of the Department may compare the U.S. sale advertising expenses. We also made an foreign like product is equal to or to sales at a different LOT in the adjustment to NV to account for greater than five percent of the aggregate comparison market. In comparing EP or commissions paid in the third country volume of U.S. sales), we compared CEP sales to sales at a different LOT in but not in the U.S. market, in Hulett’s volume of home market sales of the comparison market, where available accordance with 19 CFR 351.410(e). As the foreign like product to the volume data make it practicable, we examine the offset for third country of U.S. sales of the subject merchandise, whether a LOT adjustment is warranted commissions, we applied the lesser of in accordance with section 773(a)(1)(C) under section 773(a)(7)(A) of the Act. third country commissions or U.S. of the Act. Because Hulett’s aggregate Finally, for CEP sales only, if a NV LOT indirect selling expenses. We volume of home market sales of the is more remote from the factory than the disallowed an adjustment claimed for foreign like product was less than five CEP LOT and there is no basis for certain technical services expenses percent of its aggregate volume of U.S. determining whether the difference in because they appear to be indirect rather sales for the subject merchandise, we LOTs between NV and CEP affects price than direct selling expenses based on determined that the home market was comparability (i.e., no LOT adjustment Hulett’s description in its response. See not viable for Hulett. However, we was practicable), the Department shall the May 13, 2004, Memorandum to the determined that the third country grant a CEP offset, as provided in File: Calculations for the Preliminary market of Taiwan was viable, in section 773(a)(7)(B) of the Act. See Plate Determination of Certain Aluminum accordance with section 773(a)(1)(B)(ii) from South Africa, 62 FR at 61731. Plate from South Africa. We obtained information from the of the Act. Therefore, pursuant to Furthermore, we made an adjustment respondents regarding the marketing section 773(a)(1)(C) of the Act, we have for differences in costs attributable to stages involved in making the reported used third country sales as a basis for differences in the physical foreign market and U.S. sales, including NV for Hulett. characteristics of the merchandise in a description of the selling activities accordance with section 773(a)(6)(C)(ii) B. Level of Trade performed for each channel of of the Act and 19 CFR 351.411. We also Section 773(a)(1)(B)(i) of the Act distribution. deducted third country packing costs states that, to the extent practicable, the In both the U.S. and Taiwan markets, and added U.S. packing costs in Department will calculate NV based on Hulett sold the subject merchandise accordance with section 773(a)(6)(A) sales at the same level of trade (‘‘LOT’’) through one channel of distribution. In and (B) of the Act. the U.S. market, Hulett sold to a long- as the EP or CEP. Sales are made at D. Cost of Production different LOTs if they are made at standing customer which distributes different marketing stages (or their Hulett’s products in the United States. 1. Calculation of COP In Taiwan, Hulett similarly sold to a equivalent). See 19 CFR 351.412(c)(2). In accordance with section 773(b)(3) distributor, but employed a selling agent Substantial differences in selling of the Act, we calculated COP based on to assist with negotiation, translation activities are a necessary, but not the sum of Hulett’s cost of materials and and formalization of contracts, for sufficient, condition for determining fabrication for the foreign like product, which Hulett paid it a commission. that there is a difference in the stages of plus amounts for general and Hulett also incurred certain marketing marketing. Id., see also Notice of Final administrative expenses (‘‘G&A’’), and and technical support expenses Determination of Sales at Less Than interest expenses, where appropriate. associated with being a new entrant into Fair Value: Certain Cut-to-Length We relied on the COP information the Taiwan market during the POI. Carbon Steel Plate From South Africa, provided by Hulett in its questionnaire Because of these differences in selling 62 FR 61731, 61732 (November 19, responses. 1997) (‘‘Plate from South Africa’’). In activities and associated selling order to determine whether the expenses, we determined that U.S. and 2. Test of Third Country Prices comparison sales were at different third country sales were made at two On a product-specific basis, we stages in the marketing process than the different LOTs. However, as there is compared the weighted-average COPs to U.S. sales, we reviewed the distribution only one LOT in the third country third country sales of the foreign like system in each market (i.e., the ‘‘chain market, we have no basis on which to product during the POI, as required of distribution’’), including selling determine that a LOT adjustment is under section 773(b) of the Act, in order functions, class of customer (‘‘customer warranted pursuant to section to determine whether sales had been category’’), and the level of selling 773(a)(7)(A) of the Act. made at prices below the COP. The expenses for each type of sale. prices were exclusive of any applicable 3 Where NV is based on constructed value (‘‘CV’’), Pursuant to section 773(a)(1)(B)(i) of we determine the NV LOT based on the LOT of the movement charges, commissions, direct the Act, in identifying levels of trade for sales from which we derive selling expenses and and indirect selling expenses. In EP and comparison market sales (i.e., profit for CV, where possible. determining whether to disregard third

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country sales made at prices below the account the decline in the value of the require a cash deposit or the posting of COP, we examined, in accordance with dollar. As a result of Hulett’s failure to a bond equal to the weighted-average sections 773(b)(1)(A) and (B) of the Act, adjust its third country sales prices to amount by which the NV exceeds the whether such sales were made (1) take this decline into account, the EP, as indicated in the chart below. within an extended period of time in petitioner contended that a These suspension of liquidation substantial quantities, and (2) at prices disproportionate amount of Hulett’s instructions will remain in effect until which did not permit the recovery of sales would be below cost toward the further notice. The weighted-average costs within a reasonable period of time. end of the POI. Consequently, the dumping margins are as follows: petitioner proposed three alternate 3. Results of the COP Test methods for addressing this problem: (1) Weighted- Pursuant to section 773(b)(1) of the Disregard Taiwan as a comparison Exporter/manufacturer average Act, where less than 20 percent of a margin market based on a finding that sales to percentage respondent’s sales of a given product are it are unrepresentative or based on ‘‘a made at prices below the COP, we do particular market situation,’’ and use CV Hulett Aluminium (Pty.) Limited 4.33 not disregard any below-cost sales of as the basis for NV, (2) divide the POI All Others ...... 4.33 that product because we determine that into monthly segments for purposes of in such instances the below-cost sales price and cost comparisons, or (3) adjust ITC Notification were not made in ‘‘substantial the prices using an index of the quantities.’’ Where 20 percent or more exchange rates applicable over the POI. In accordance with section 733(f) of of a respondent’s sales of a given On April 22, 2004, Hulett submitted the Act, we have notified the ITC of our product are at prices less than the COP, comments arguing that the petitioner’s determination. If our final we disregard those sales of that product, claims are without merit. Specifically, determination is affirmative, the ITC because we determine that in such Hulett maintained that: (1) There is no will determine before the later of 120 instances the below-cost sales represent basis for the Department to ignore its days after the date of this preliminary ‘‘substantial quantities’’ within an statutory mandate to use sales to a determination or 45 days after our final extended period of time in accordance viable third country market as NV in determination whether these imports with section 773(b)(1)(A) of the Act. In this case; (2) the petitioner provides no are materially injuring, or threaten such cases, we also determine whether evidence that prices to Taiwan or the material injury to, the U.S. industry. such sales are made at prices which United States differ significantly over Disclosure would not permit recovery of all costs the POI to justify employing a monthly within a reasonable period of time, in comparison methodology; and (3) the We will disclose the calculations used accordance with section 773(b)(1)(B) of proposed indexing methodology is in our analysis to parties in this the Act. inconsistent with the statute. Citing proceeding in accordance with 19 CFR The results of our cost test for Hulett Torrington Co. v. United States, 832 F. 351.224(b). indicated that less than 20 percent of Supp. 379, 392 (CIT 1993), Hulett Public Comment third country sales of any given product concluded that the key issue in an Case briefs for this investigation must were at prices below COP. We therefore antidumping proceeding is ascertaining be submitted to the Department no later retained all sales in our analysis and differences between home market or than seven days after the date of used them as the basis for determining third country prices and U.S. prices, issuance of the sales and cost NV. rather than differences between the verification reports in this proceeding. returns realized by the exporter on sales Currency Conversion Rebuttal briefs must be filed five days made in the two markets. We made currency conversions into Our preliminary calculations show from the deadline date for case briefs. A U.S. dollars in accordance with section that no Taiwan sales need to be list of authorities used, a table of 773A(a) of the Act based on the disregarded as a result of the cost test, contents, and an executive summary of exchange rates in effect on the dates of and that no currency conversions for issues should accompany any briefs the U.S. sales as certified by the Federal Taiwan sales prices for comparison to submitted to the Department. Executive Reserve Bank. U.S. sales prices are necessary because summaries should be limited to five they are already denominated in U.S. pages total, including footnotes. Section Decline of the U.S. Dollar Against the 774 of the Act provides that the South African Rand dollars. Therefore, we preliminarily find no basis for departing from our standard Department will hold a public hearing On April 9, 2004, the petitioner filed calculation methodology, as claimed by to afford interested parties an a letter with the Department requesting the petitioner. opportunity to comment on arguments that we alter our normal calculation raised in case or rebuttal briefs, methodology to account for the Verification provided that such a hearing is significant decline of the U.S. dollar As provided in section 782(i) of the requested by an interested party. If a against the South African rand (SAR) Act, we will verify all information relied request for a hearing is made in this over the course of the POI. The upon in making our final determination. investigation, the hearing will petitioner claimed that the combination tentatively be held two days after the of the following facts in this case may Suspension of Liquidation rebuttal brief deadline date at the U.S. result in a distorted margin calculation In accordance with section 733(d)(2) Department of Commerce, 14th Street when the Department’s standard of the Act, we are directing U.S. and Constitution Avenue, NW., methodology is used: (1) Hulett’s U.S. Customs and Border Protection (CBP) to Washington, DC 20230. Parties should and third country prices were both suspend liquidation of all imports of confirm by telephone the time, date, and denominated in dollars; (2) Hulett’s subject merchandise that are entered, or place of the hearing 48 hours before the costs were recorded in SAR; and (3) withdrawn from warehouse, for scheduled time. Hulett’s third country prices remained consumption on or after the date of Interested parties who wish to request relatively stable over the POI, rather publication of this notice in the Federal a hearing, or to participate if one is than having been adjusted to take into Register. We will instruct CBP to requested, must submit a written

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request to the Assistant Secretary for International Trade Administration, all of the following physical Import Administration, U.S. Department U.S. Department of Commerce, 14th characteristics: (1) Length: 13.5 or more of Commerce, Room 1870, within 30 Street and Constitution Avenue, NW., inches; (2) sheath diameter: not less days of the publication of this notice. Washington, DC, 20230; telephone (202) than one-and-one quarter inches at any Requests should contain: (1) The party’s 482–4474, (202) 482–2747 and (202) point (before sharpening); and (3) core name, address, and telephone number; 482–4162, respectively. length: not more than 15 percent of the (2) the number of participants; and (3) SUPPLEMENTARY INFORMATION: length of the pencil. a list of the issues to be discussed. Oral Although the HTSUS subheading is presentations will be limited to issues Background provided for convenience and customs raised in the briefs. On January 13, 2004, the Department purposes, our written description of the We will make our final determination published in the Federal Register the scope of the order is dispositive. no later than 75 days after the preliminary results and rescission in Partial Rescission preliminary determination. part of the administrative review of the This determination is published antidumping duty order on pencils from The Department preliminarily pursuant to sections 733(f) and 777(i) of the PRC. See Certain Cased Pencils from rescinded this review with respect to the Act. the People’s Republic of China; Tianjin Custom Wood Processing Co., Preliminary Results and Rescission in Ltd. (TCW) because TCW reported that Dated: May 13, 2004. it did not export subject merchandise to James J. Jochum, Part of Antidumping Duty Administrative Review, 69 FR 1965 the United States during the POR. See Assistant Secretary for Import the Preliminary Results; see also; TCW’s Administration. (January 13, 2004) (Preliminary Results). We invited parties to comment on our February 21, 2003, response to the [FR Doc. 04–11576 Filed 5–20–04; 8:45 am] Preliminary Results. On February 17, Department’s questionnaire. TCW’s BILLING CODE 3510–DS–P 2004, and February 23, 2004, we claim that it did not export subject received case briefs and rebuttal briefs, merchandise during the POR is 1 supported by U.S. Customs and Border DEPARTMENT OF COMMERCE respectively, from the petitioners, China First Pencil Company, Ltd./Three Protection (CBP) data. Moreover, there is no evidence on the record of this International Trade Administration Star Stationery Industry Corp. (CFP/ Three Star), Orient International segment of the proceeding indicating [A–570–827] Holding Shanghai Foreign Trade Co., that TCW exported subject merchandise during the POR. Therefore, we are Certain Cased Pencils From the Ltd. (SFTC), and Shandong Rongxin Import & Export Company Ltd. rescinding this review with respect to People’s Republic of China; Final TCW. Results and Partial Rescission of (Rongxin) (formerly called Kaiyuan Antidumping Duty Administrative Group Corporation). Analysis of Comments Received The Department has conducted this Review administrative review in accordance All issues raised in the case and rebuttal briefs by parties to this AGENCY: Import Administration, with section 751 of the Tariff Act of 1930, as amended (the Act). administrative review are addressed in International Trade Administration, the ‘‘Issues and Decision Memorandum’’ Department of Commerce. Scope of the Order (Decision Memorandum) from Holly A. ACTION: Notice of final results and Imports covered by this order are Kuga, Acting Deputy Assistant Secretary partial rescission of antidumping duty shipments of certain cased pencils of for Import Administration, to James J. administrative review. any shape or dimension (except as Jochum, Assistant Secretary for Import Administration, dated May 12, 2004, SUMMARY: On January 13, 2004, the noted below) which are writing and/or which is hereby adopted by this notice. Department of Commerce (the drawing instruments that feature cores A list of the issues which parties have Department) published in the Federal of graphite or other materials, encased raised and to which we have responded, Register the preliminary results and in wood and/or man-made materials, all of which are in the Decision rescission in part of the 2001–2002 whether or not decorated and whether Memorandum, is attached to this notice administrative review of the or not tipped (e.g., with erasers, etc.) in as an Appendix. Parties can find a antidumping duty order on certain any fashion, and either sharpened or complete discussion of all issues raised cased pencils (pencils) from the unsharpened. The pencils subject to the in this review and the corresponding People’s Republic of China (PRC). The order are classified under subheading recommendations in this public period of review (POR) is December 1, 9609.10.00 of the Harmonized Tariff memorandum, which is on file in the 2001, through November 30, 2002. We Schedule of the United States (HTSUS). Central Record Unit, room B–099 of the have now completed the 2001–2002 Specifically excluded from the scope of main Department of Commerce administrative review of the order. In the order are mechanical pencils, building. In addition, a complete our final results, based on our analysis cosmetic pencils, pens, non-cased version of the Decision Memorandum of comments received, we amended the crayons (wax), pastels, charcoals, can be accessed directly on the preliminary results of review. For chalks, and pencils produced under International Trade Administration’s details regarding these changes, see the U.S. patent number 6,217,242, from Web site at www.ia.ita.doc.gov. The section of this notice entitled ‘‘Changes paper infused with scents by the means paper copy and the electronic version of Since the Preliminary Results.’’ The covered in the above-referenced patent, the Decision Memorandum are identical final results are listed below in the thereby having odors distinct from those in content. ‘‘Final Results of Review’’ section. that may emanate from pencils lacking DATES: Effective Date: May 21, 2004. the scent infusion. Also excluded from Changes Since the Preliminary Results the scope of the order are pencils with FOR FURTHER INFORMATION CONTACT: Paul Based on our analysis of the Stolz, Christopher Zimpo, or Magd 1 The petitioners are Sanford LLP, Musgrave comments received and the results of Zalok, AD/CVD Enforcement, Office 4, Pencil Company, Rose-Moon Inc., and General verification, we adjusted certain factors Group II, Import Administration, Pencil Company. of production information that we used

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to calculate dumping margins in the be the rate applicable to the PRC Dated: May 12, 2004. preliminary results of review, and supplier of that exporter. James J. Jochum, corrected certain programming and These deposit requirements shall Assistant Secretary for Import ministerial errors in our preliminary remain in effect until publication of the Administration. results. These changes are listed below. final results of the next administrative Appendix—Issues in Decision Memorandum All Respondents review. Comments We corrected the pencil slat Assessment Comment 1: The Appropriate Surrogate dimensions used to calculate the Value for Pencil Cores surrogate value for pencil slats. We also The Department will determine, and Comment 2: Whether China First Pencil Co. corrected language in the margin CBP will assess, antidumping duties on Ltd. (CFP)/Three Star Stationery Industry Corp. (Three Star) Reported U.S. Sales calculation programs which incorrectly all entries of subject merchandise in accordance with these final results of Made by Another PRC Entity multiplied reported plant-to-port Comment 3: The Appropriate Surrogate distances by 1.4. Additionally, we used review. For the companies subject to Source For Financial Ratios the current surrogate labor rate in, and this review, we calculated exporter- Comment 4: Ministerial Errors excluded unreliable surrogate data for specific assessment rates because there Comment 5: Whether Three Star Reimbursed cores from, our calculation. is no information on the record which Certain U.S. Customers for Dumping Duties identifies the importers of record. Comment 6: Whether the Department Should CFP/Three Star Specifically, for CFP/Three Star, SFTC Continue to Treat CFP and Three Star as a Single Entity for Antidumping Duty We corrected the plant-to-port- and Rongxin, we calculated duty Purposes distance used to calculate the surrogate assessment rates for subject Comment 7: How to Treat Certain Sales With value for inland freight for CFP and merchandise based on the ratio of the Two Sales Invoices Three Star. In addition, we corrected total amount of antidumping duties Comment 8: Whether CFP’s Dumping Margin certain ministerial errors in CFP/Three calculated for the examined sales to the Applies to its Subsidiaries Star’s margin calculation program total quantity of those sales. The [FR Doc. 04–11575 Filed 5–20–04; 8:45 am] relating to control numbers. See the Department will issue appropriate BILLING CODE 3510–DS–P CFP/Three Star Margin Calculation assessment instructions directly to CBP Analysis memorandum for a list of within 15 days of publication of these changes based on verification findings. final results of review. DEPARTMENT OF COMMERCE In addition, we excluded certain CFP/ Three Star U.S. sales from our margin Reimbursement of Duties International Trade Administration calculation. This notice also serves as a final [A–570–848] Final Results of Review reminder to importers of their Freshwater Crawfish Tail Meat From We determine that the following responsibility under 19 CFR 351.402(f) to file a certificate regarding the the People’s Republic of China: Notice weighted-average, ad valorem, of Rescission, in Part, of Antidumping reimbursement of antidumping duties percentage margins exist for the period Duty Administrative Review for the prior to liquidation of the relevant December 1, 2001 through November Period September 1, 2002 Through 30, 2002: entries during this review period. August 31, 2003 Failure to comply with this requirement could result in the Secretary’s AGENCY: Import Administration, Exporter/manufacturer Margin (percent) presumption that reimbursement of International Trade Administration, antidumping duties occurred and the U.S. Department of Commerce. CFP/Three Star ...... 15.20 SUMMARY: In response to timely requests SFTC ...... 10.96 subsequent assessment of doubled Rongxin ...... 27.87 antidumping duties. from interested parties, the Department PRC Wide-Rate ...... 114.90 of Commerce (the Department) initiated Administrative Protective Orders an administrative review of the Cash Deposit Requirements This notice also serves as the only antidumping duty order on freshwater crawfish tail meat from the People’s reminder to parties subject to The following cash deposit Republic of China (PRC), covering the administrative protective orders (APOs) requirements will be effective upon period of September 1, 2002 through of their responsibility concerning the publication of this notice of final results August 31, 2003. See Initiation of of administrative review for all return or destruction of proprietary Antidumping and Countervailing Duty shipments of pencils from the PRC information disclosed under an APO in Administrative Reviews, 68 FR 60910 entered, or withdrawn from warehouse, accordance with 19 CFR 351.305. (October 24, 2003). Because the for consumption on or after the date of Timely written notification of the Crawfish Processors Alliance and its publication, as provided by section return/destruction of APO materials or members (together with the Louisiana 751(a)(1) of the Act: (1) The cash deposit conversion to judicial protective order is Department of Agriculture & Forestry rates for the reviewed companies will be hereby requested. Failure to comply and Bob Odom, Commissioner), and the the rates shown above; (2) for previously with the regulations and terms of an Domestic Parties (collectively, the reviewed or investigated companies not APO is a violation which is subject to Domestic Interested Parties), have listed above, that have separate rates, sanction. withdrawn their request for an the cash deposit rate will continue to be We are issuing and publishing this administrative review of certain the company-specific rate published for determination and notice in accordance companies, and because one the most recent period; (3) the cash with sections 751(a)(1) and 771(i) of the respondent, North Supreme Seafood, deposit rate for all other PRC exporters Act. withdrew its own request for review, the will be 114.90 percent; and (4) the cash Department is rescinding, in part, this deposit rate for non-PRC exporters will review of freshwater crawfish tail meat

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from the PRC, in accordance with aka Suqian Foreign Trading an administrative review ‘‘if a party that section 351.213(d)(1) of the Weishan Fukang Foodstuffs Co., Ltd. requested the review withdraws the Department’s regulations. Weishan Zhenyu Foodstuff Co., Ltd. request within 90 days of the date of DATES: Effective Date: May 21, 2004. Yancheng Baolong Biochemical publication of notice of initiation of the Products Co., Ltd. FOR FURTHER INFORMATION CONTACT: requested review.’’ See 19 CFR Yancheng Foreign Trade Corp. Matthew Renkey or Maureen Flannery, 351.213(d)(1). The Department may also aka Yancheng Foreign Trading Office of AD/CVD Enforcement VII, extend this time limit if it decides that aka Yang Chen Foreign Trading Import Administration, International it is reasonable to do so. Id. Yancheng Fuda Foods Co., Ltd. The Domestic Interested Parties filed Trade Administration, U.S. Department Yancheng Haiteng Aquatic Products & a timely withdrawal of their requests for of Commerce, 14th Street and Foods Co., Ltd. review of the companies named above. Constitution Avenue, NW., Washington Yancheng Yaou Seafoods However, respondent Shouzhou DC 20230; telephone: (202) 482–2312 or Yangzhou Lakebest Foods Co., Ltd. Huaxiang Foodstuffs Co., Ltd. requested (202) 482–3020, respectively. Zhoushan Huading Seafood Co., Ltd. a review of its own sales. Therefore, the SUPPLEMENTARY INFORMATION: On January 26, 2004, the Domestic Department is rescinding its Background Interested Parties submitted a timely antidumping administrative review with letter withdrawing, in part, their request respect to the companies listed above, Based on timely requests from the for a review with respect to the except for Shouzhou Huaxiang Domestic Interested Parties, and from following exporters: Foodstuffs Co., Ltd., in accordance with exporters Hubei Qiangjiang Houhu Cold section 351.213(d)(1) of the & Processing Factory, North Supreme China Everbright China Kingdom Import & Export Co., Department’s regulations. Seafood, Qingdao Jinyongxiang Aquatic While North Supreme Seafood’s Foods Co., Ltd., and Shouzhou Ltd. aka China Kingdoma Import & Export withdrawal of its own request for review Huaxiang Foodstuffs Co., Ltd., the Co., Ltd. was not timely, according to section Department initiated the administrative aka Zhongda Import & Export Co., 351.213(d)(1) of the Department’s review of the antidumping duty order Ltd. regulations, the Department may extend on freshwater crawfish tail meat from Fujian Pelagic Fishery Group Co. this time limit if it decides that it is PRC. See Initiation of Antidumping and Huaiyin Foreign Trade Corporation (5) reasonable to do so. In this case, the Countervailing Duty Administrative Jiangsu Hilong International Trading Department has determined that Reviews, 68 FR 60910 (October 24, Co., Ltd. rescinding the review is appropriate. 2003) (Initiation Notice). The following Huaiyin Foreign Trade Corporation (30) Continuing this review would only companies were included in the Jiangsu Cereals, Oils, & Foodstuffs require North Supreme Seafood, the Initiation Notice: Import & Export Corp. Domestic Interested Parties and the China Everbright Nantong Delu Aquatic Food Co. Ltd. Department to expend time and China Kingdom Import & Export Co., Ningbo Nanlian Frozen Foods Co., Ltd. resources on a review in which the only Ltd. Qingdao Rirong Foodstuff Co., Ltd. parties that requested the review are no aka China Kingdoma Import & Export aka Qingdao Rirong Foodstuffs longer interested. The Department has Co., Ltd. Qingdao Xiyuan Refrigerated Food Co., not released supplemental aka Zhongda Import & Export Co., Ltd. questionnaires with respect to North Ltd. Qingdao Zhengri Seafood Co., Ltd. Supreme Seafood, nor conducted Fujian Pelagic Fishery Group Co. aka Qingdao Zhengri Seafoods verification. Therefore, the Department Huaiyin Foreign Trade Corporation (5) Shanghai Taoen International Trading does not believe the administrative Jiangsu Hilong International Trading Co., Ltd. review has proceeded to a point at Co., Ltd. Shanghai Yangfen International Trading which it would be ‘‘unreasonable’’ to Huaiyin Foreign Trade Corporation (30) Co., Ltd. rescind the review. Furthermore, there Jiangsu Cereals, Oils, & Foodstuffs Shouzhou Huaxiang Foodstuffs Co., Ltd. are no overarching policy issues that Import & Export Corp. Suqian Foreign Trade Corp. would warrant continuing with this Hubei Qiangjiang Houhu Cold & aka Suqian Foreign Trading review. The Department has therefore Processing Factory Weishan Fukang Foodstuffs Co., Ltd. determined that it is reasonable to Nantong Delu Aquatic Food Co. Ltd. Weishan Zhenyu Foodstuff Co., Ltd. extend the 90-day time limit, and is Nantong Shengfa Frozen Food Co., Ltd. Yancheng Baolong Biochemical rescinding its antidumping Ningbo Nanlian Frozen Foods Co., Ltd. Products Co., Ltd. administrative review with respect to North Supreme Seafood Yancheng Foreign Trade Corp. North Supreme Seafood in accordance Qingdao Jinyongxiang Aquatic Foods aka Yancheng Foreign Trading with § 351.213(d)(1) of the Department’s Co., Ltd. aka Yang Chen Foreign Trading regulations. The Department will issue Qingdao Rirong Foodstuff Co., Ltd. Yancheng Fuda Foods Co., Ltd. appropriate assessment instructions to aka Qingdao Rirong Foodstuffs Yancheng Haiteng Aquatic Products & U.S. Customs for all of these companies Qingdao Xiyuan Refrigerated Food Co., Foods Co., Ltd. within 15 days of publication of this Ltd. Yancheng Yaou Seafoods notice. Qingdao Zhengri Seafood Co., Ltd. Yangzhou Lakebest Foods Co., Ltd. Based on these rescissions, the aka Qingdao Zhengri Seafoods Zhoushan Huading Seafood Co., Ltd. administrative review of the Shanghai Ocean Flavor International On March 16, 2004, North Supreme antidumping duty order on freshwater Trading Co., Ltd. Seafood withdrew its own request for crawfish tail meat from the PRC, for the Shanghai Taoen International Trading review. period of September 1, 2002 through Co., Ltd. August 31, 2003, now covers Qingdao Shanghai Yangfen International Trading Rescission, in Part, of the Jinyongxiang Aquatic Foods Co., Ltd., Co., Ltd. Administrative Review Shouzhou Huaxiang Foodstuffs Co., Shouzhou Huaxiang Foodstuffs Co., Ltd. Pursuant to the Department’s Ltd., Hubei Qiangjiang Houhu Cold & Suqian Foreign Trade Corp. regulations, the Department will rescind Processing Factory, Nantong Shengfa

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Frozen Food Co., Ltd., and Shanghai later than June 11, 2004. However, Dated: May 14, 2004. Ocean Flavor International Trading Co., pursuant to section 703(c)(1)(B) of the Jeffrey May, Ltd. Tariff Act of 1930, as amended (‘‘the Acting Assistant Secretary for Import This notice serves as a reminder to Act’’), we have determined that this Administration. parties subject to administrative investigation is ‘‘extraordinarily [FR Doc. 04–11574 Filed 5–20–04; 8:45 am] protective order (APO) of their complicated’’ and are therefore BILLING CODE 3510–DS–P responsibility concerning the extending the due date for the disposition of proprietary information preliminary determination by 65 days to disclosed under APO in accordance no later than August 16, 2004. DEPARTMENT OF COMMERCE with 19 CFR 351.305(a)(3). Timely Under section 703(c)(1)(B) of the Act, National Oceanic and Atmospheric written notification of the return or the Department can extend the period Administration destruction of APO materials or for reaching a preliminary conversion to judicial protective order is determination until not later than the [I.D. 051004F] hereby requested. Failure to comply 130th day after the date on which the with the regulations and terms of an administering authority initiates an North Pacific Fishery Management APO is a sanctionable violation. investigation if Council; Public Meetings This determination and notice are (B) the administering authority issued and published in accordance AGENCY: National Marine Fisheries concludes that the parties concerned are with sections 751(a)(1) and 777(i)(1) of Service (NMFS), National Oceanic and cooperating and determines that the Act and 19 CFR 351.213(d)(4). Atmospheric Administration (NOAA), (i) the case is extraordinarily Commerce. Dated: May 13, 2004. complicated by reason of ACTION: Notice of public meetings. James J. Jochum, (I) the number and complexity of the SUMMARY: The North Pacific Fishery Assistant Secretary for Import alleged countervailable subsidy Administration. Management Council (Council) and its practices; [FR Doc. 04–11573 Filed 5–20–04; 8:45 am] advisory committees will hold public (II) the novelty of the issues BILLING CODE 3510–DS–P meetings in June. presented; DATES: The meeting will be held on (III) the need to determine the extent Monday, June 7, 2004 through Tuesday, DEPARTMENT OF COMMERCE to which particular countervailable June 15, 2004. See SUPPLEMENTARY subsidies are used by individual INFORMATION for specific dates and International Trade Administration manufacturers, producers, and times. exporters; or [C–122–851] ADDRESSES: The meetings will be held at (IV) the number of firms whose the Benson Hotel, 309 Southwest Live Swine From Canada: activities must be investigated; and Broadway, Portland, OR 97205. Postponement of Preliminary (ii) additional time is necessary to Council address: North Pacific Countervailing Duty Determination make the preliminary determination. Fishery Management Council, 605 W. AGENCY: Import Administration, We find that in this investigation all 4th Avenue, Suite 306, Anchorage, AK International Trade Administration, concerned parties are cooperating. 99501–2252. Department of Commerce. Nevertheless, we have determined that FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of Commerce an extension of the deadline for the Council staff; telephone: 907–271–2809. is postponing the preliminary preliminary determination is necessary SUPPLEMENTARY INFORMATION: The determination in the countervailing due to the extraordinarily complicated Council’s Advisory Panel will begin at duty investigation of live swine from nature of the case. The programs in this 8 a.m., Monday, June 7, and continue Canada from June 11, 2004 until no later investigation raise a number of through Saturday, June 12, 2004. The than August 16, 2004. This extension is potentially complex issues, e.g., the Scientific and Statistical Committee will made pursuant to section 703(c)(1)(B) of Government of Canada has filed several begin at 8 a.m. on Monday, June 7, and the Tariff Act of 1930, as amended. ‘‘green box’’ claims. Finally, because of continue through Wednesday, June 9, EFFECTIVE DATE: May 21, 2004. the delay in issuing the questionnaires 2004. due to the complex issues surrounding The Council will begin its plenary FOR FURTHER INFORMATION CONTACT: session at 8 a.m. on Wednesday, June 9 Melani Miller or S. Anthony Grasso, at respondent selection, the Department continuing through Tuesday, June 15. (202) 482–0116 or (202) 482–3853, will not have sufficient time to review All meetings are open to the public respectively, Import Administration, and analyze the questionnaire responses except executive sessions. The U.S. Department of Commerce, 14th once they are received and to issue Enforcement Committee will meet Street and Constitution Avenue, NW., supplemental questionnaires if Tuesday, June 8 from 1 pm to 5 pm, Washington, DC 20230. necessary without an extension of the original time limit. Parliament Room 3 & 4. SUPPLEMENTARY INFORMATION: Accordingly, we deem this Council Plenary Session: The agenda Postponement of Due Date for investigation to be extraordinarily for the Council’s plenary session will Preliminary Determination complicated, and we determine that include the following issues. The Council may take appropriate action on On April 7, 2004, the Department of additional time is necessary to make the any of the issues identified. Commerce (‘‘the Department’’) initiated preliminary determination. Therefore, pursuant to section 703(c)(1)(B) of the 1. Reports the countervailing duty investigation of a. Executive Director’s Report live swine from Canada. See Notice of Act, we are postponing the preliminary b. NMFS Management Report Initiation of Countervailing Duty determination in this investigation to c. Enforcement Report Investigation: Live Swine From Canada, not later than August 16, 2004. d. Coast Guard Report 69 FR 19818 (April 14, 2004). Currently, This notice is published pursuant to e. Alaska Department of Fish and Game the preliminary determination is due no section 703(c)(2) of the Act. Report

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f. U.S. Fish and Wildlife Service Report Advisory Panel: The Advisory Panel Advisory Panel (AP) meetings and 2. Bering Sea/Aleutian Island (BSAI) will address the same agenda issues as 123rd Council meeting and public Crab Rationalization Environmental the Council. hearings will be held at the Ala Moana Impact Statement (EIS): Final Action on Although non-emergency issues not Hotel, 410 Atkinson Drive, Honolulu, Crab Rationalization EIS. contained in this agenda may come HI; telephone:808–955–4811. 3. Draft Programmatic Groundfish before this group for discussion, those FOR FURTHER INFORMATION CONTACT: Supplemental Environmental Impact issues may not be the subject of formal Kitty M. Simonds, Executive Director; Statement (DPSEIS): Develop timeline action during this meeting. Action will telephone: (808)522–8220. for management policy/action as be restricted to those issues specifically SUPPLEMENTARY INFORMATION: In necessary. Initial/Final Review of identified in this notice and any issues addition to the agenda items listed Groundfish Fishery Management Plans arising after publication of this notice below, the SSC, AP, and Council will (FMP) Revisions. that require emergency action under hear recommendations from other 4. Essential Fish Habitat (EFH) and section 305(c) of the Magnuson-Stevens Council advisory groups. Public Habitat Area Particular Concern Fishery Conservation and Management comment periods will be provided (HAPC): Finalize HAPC alternatives for Act, provided the public has been throughout the agenda. The order in analysis. Review comments on EFH EIS, notified of the Council’s intent to take which agenda items are addressed may and take action as necessary. final action to address the emergency. change. The SSC, AP and Council will 5. Aleutian Island Pollock: Final action Special Accommodations meet as late as necessary to complete to establish Adak pollock allocation. scheduled business. These meetings are physically 6. Gulf of Alaska (GOA) Rockfish Pilot Schedule and Agenda for SSC accessible to people with disabilities. Program: Discuss alternatives and 9 a.m. Tuesday, June 8, 2004 Requests for sign language options for analysis/action as necessary. 1. Introductions interpretation or other auxiliary aids 7. Improved Retention/Improved 2. Approval of draft agenda and should be directed to Gail Bendixen at Utilization (IR/IU): Receive progress assignment of rapporteurs 907–271–2809 at least 7 working days report on Amendment 80 and 3. Approval of the minutes of the 85th prior to the meeting date. discussion papers/action as necessary. meeting 8. Observer Program (T): Receive update Dated: May 18, 2004. 4. Ocean Commissions Report on analysis/action as necessary. Matteo J. Milazzo, 5. Pelagic fisheries 9. Community Development Quota Acting Director, Office of Sustainable A. American Samoa and Hawaii (CDQ) Program: Initial Review of Fisheries, National Marine Fisheries Service. longline fisheries analysis on fishery management issues/ [FR Doc. 04–11583 Filed 5–20–04; 8:45 am] a. Quarterly reports other action as necessary. BILLING CODE 3510–22–S B. Update on turtle management 10. Steller Sea Lion (SSL) Mitigation C. Seabird measures Measures: Initial Review and final to a. Update on seabird measures adjust measures in GOA. DEPARTMENT OF COMMERCE b. U.S. Fish and Wildlife Service 11. Scallop FMP: Initial Review of (USFWS) Shorttail Albatross Biological analysis to modify the license limitation National Oceanic and Atmospheric Opinion (BIOP) program and update the FMP/action as Administration D. Shark management necessary. [I.D. 051204B] a. Alternatives for shark management 12. Groundfish FMP: Receive report b. Shark viewing and feeding tours from Non-Target Species Committee/ Western Pacific Fishery Management E. Pelagic squid management action as necessary. Council; Public Meetings F. National standard 1 revisions 13. Staff Tasking: Review tasking and G. Pelagics stock assessment research provide direction to staff/action as AGENCY: National Marine Fisheries and review necessary. Service (NMFS), National Oceanic and H. Options for yellowfin and bigeye 14. Other Business: National Standard 1 Atmospheric Administration (NOAA), management in the Pacific - review/comment on proposed rule. Commerce. I. International meetings Crab overfishing definition/plan team ACTION: Notice of public meetings and a. Prepatory Conference VI-Bali, report/action as necessary. Salmon hearings. Indonesia Experimental Permit - receive report/ b. Indian Ocean Southeast Asian Sea action as necessary. SSL/Pacific cod SUMMARY: The Western Pacific Fishery Turtle Memorandum of Understanding interaction study - receive report/action Management Council (Council) will Meeting-Bangkok, Thailand as necessary. Seabird EFP - receive hold its 123rd meeting to consider and c. 17th Scientific Committee on Tuna report/action as necessary. (T) take actions on fishery management and Billfish Scientific and Statistical Committee issues in the Western Pacific Region. d. International Symposium on (SSC): The SSC agenda will include the Meetings of the Council’s Scientific and Ecosystem Indicators following issues: Statistical Committee (SSC) and 6. Protected species 1. DPSEIS Advisory Panels (AP) will also be held. A. Sea turtles 2. EFH and HAPC DATES: The 86th SSC meeting will be a. Second Cooperative Research and 3. Aleutian Island Pollock held on June 8 - 10, 2004. The AP Management Workshop 4. CDQ Program meetings and the 123rd Council meeting b. Baja meeting 5. SSL Mitgation Measures and public hearings will be held on June c. 24th Sea Turtle Symposium 6. Scallop FMP 21–24, 2004. For specific times, see d. Sea turtle models 7. Crab Overfishing Definition SUPPLEMENTARY INFORMATION. e. Transferred effects 8. Salmon Experimental Fishing Permit ADDRESSES: The 86th SSC meeting will B. Marine mammals 9. National Standard One be held at the Western Pacific Fishery 8:30 a.m. Wednesday, June 9, 2004 10. SSL/Pacific Cod Interaction Report Council Conference room, 1164 Bishop 7. Ecosystem and habitat 11. Seabird EFP Street, Suite 1400, Honolulu, HI. The A. Archipelagic fishery ecosystem plans

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B. Update on annual report D. Squid (Pelagics FMP) to revise the development 3. 2003 Pelagics Annual Report requirements for seabird mitigation 8. Bottomfish 4. Recreational data when fishing north of 23° N′ lat. to A. Commonwealth of the Northern A. NMFS Recreational Fisheries include side setting of longline gear as Mariana Islands (CNMI) bottomfish Strategic Plan an alternative to one or more of the management B. Guam Voluntary Community current suite of seabird mitigation 9. Crustaceans fisheries (Northwestern Monitoring Program measures. Hawaiian Islands (NWHI) lobsters) C. Recreational licenses and reporting Thursday, June 24, 2004 A. Update on MULTIFAN-CL lobster 5. Status of NWHI sanctuary designation 9 a.m. Preliminary options to manage model process the bottomfish fishery around the CNMI. B. 2004 NWHI cruise and charter plans 6. Archipelagic fishery ecosystem plans The agenda during the full Council C. MHI Lobster stock assessment 7. Community Demonstration Project meeting will include the items listed D. Update on annual report Program here. development A. Status of first solicitation For more information on public 8:30 a.m. Thursday, June 10, 2004 B. Status of second solicitation hearing items, see Background 10. Precious corals 8. Coral Reef Ecosystems Fishery Information later in this document. A. Current precious coral research Management Plan Schedule and Agenda for Council B. Update on annual report A. Summary of FMP measures Meeting development B. Annual report 1 p.m.–6 p.m. Tuesday, June 22, 2004 11. Other business 9. Overview of Coral Reef Fish Stock 1. Introductions A. Stock assessment planning Assessment Workshop and 2. Approval of agenda B. 87th SSC meeting recommendations 3. Approval of 122nd meeting minutes 12. Summary of SSC recommendations 10. Status of NWHI Sanctuary 4. Island reports to the Council designation process A. American Samoa APs 11. Main Hawaiian Islands (MHI) lobster B. Guam The Commercial, Recreational, assessment C. Hawaii Subsistence/Indigenous and Ecosystem 8 a.m.–12 noon, Tuesday, June 22 D. CNMI and Habitat sub-panels will meet jointly Plenary session 5. Reports from fishery agencies and on Monday, June 21, 2004, from 8 a.m. 1. Review and discussion of sub-panels’ organizations to 12 noon. Panels will meet recommendations A. Department of Commerce individually on Monday, June 21, 2004, A. Commercial panel a. NMFS from 1 p.m. to 6 p.m. Panels will meet B. Recreational panel i. Pacific Islands Regional Office in a plenary session from 8 a.m. to 12 C. Subsistence panel ii. Pacific Islands Fisheries Science noon on Tuesday, June 22, 2004, to D. Ecosystem panel Center summarize and review 2. Other business b. National Marine Sanctuary Program recommendations. The agenda for the Schedule and Agenda for Council i. Pacific Sanctuaries update APs meetings will include the items Standing Committee Meetings ii. HI Humpback Whale National Marine listed below. Public comment periods Monday, June 21, 2004 Sanctuary update will be provided throughout the agenda. 1. 2 p.m.–4 p.m. Executive/Budget c. NOAA General Counsel SWR The order in which agenda items are &Program Standing Committee B. Department of Interior–USFWS addressed may change. The APs will Tuesday, June 22, 2004 C. State Department meet as late as necessary to complete 1. 8 a.m.–10 a.m. Enforcement/vessel D. Ocean Commission Report scheduled business. monitoring system (VMS) Standing E. Report from Non-governmental 8 a.m. Monday, June 21, 2004 Committee organizations Plenary Session 2. 8 a.m.–10 a.m. Ecosystem & Habitat 6. Enforcement/VMS 1. Welcome and general housekeeping Standing Committee A. USCG activities remarks Schedule and Agenda for Public B. NMFS activities 2. Overview of pelagic/international Hearings C. Enforcement activities of local management actions Tuesday, June 22, 2004 agencies 3. Overview of bottomfish management 1 p.m.–6 p.m. Proposed regulatory D. Status of violations actions amendment (final action) under all five E. Electronic logbooks regulatory 4. Overview of coral reef ecosystems western Pacific fishery management amendment (final action) management actions plans that would allow fishermen the 8 a.m.–6 p.m. Wednesday, June 23, 2004 5. Overview of precious coral and option of using NMFS approved 7. Observer programs crustacean management actions electronic logbooks instead of paper A. Report on the NWHI bottomfish 6. Overview of indigenous issues logbooks, the option of submitting the observer program 7. Program planning items electronic logbook via non-paper media B. Report on the native observer A. Archipelagic fishery ecosystem plans (i.e. diskette, CD, memory stick, etc.) program B. 3 year program plan and the option of transmitting the C. Report on the Hawaii longline 1 p.m.–6 p.m. Monday, June 21, 2004 electronic logbook information via e- observer program Commercial, recreational, mail or satellite transmission. 8. Precious corals fisheries subsistence/indigenous and ecosystem/ Wednesday June 23, 2004 A. Current precious coral research habitat panels will meet separately to 5:30 p.m. Final action on a regulatory B. Update on annual report discuss the following items: amendment to establish additional development 1. CNMI bottomfish management measures to conserve sea turtles and C. 2004 Plan team report and 2. Pelagic management measures initial action on a regulatory recommendations A. Sea turtles amendment under the Fishery 9. Pelagic fisheries B. Seabirds Management Plan for the Pelagic A. American Samoa & Hawaii longline C. Electronic logbooks Fisheries of the Western Pacific Region fisheries

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a. Quarterly reports 14. Program planning logbooks directly to NMFS) as well as b. Options for yellowfin and bigeye A Chair and Executive Directors’ future participants in fisheries that may management in the Pacific Meeting become subject to Federal reporting. c. New paperwork requirements for B. Regulatory streamlining 2. Regulatory Amendment to Establish imports & exports C. Update on Federal and local fishery- Additional Measures to Conserve Sea B. Seabird measures related legislation Turtles (action item) a. Update on seabird measures D Status of Hawaii $5 million disaster b. USFWS, shorttail albatross BiOp funds for Federal fisheries At its 121st meeting, the Council took c. Revision to seabird mitigation E.Recreational fisheries data and action on long term measures to measures (initial action) management implement new technology to reduce C. Sea turtles F.WPacFIN and mitigate turtle-longline interactions a. Update on current sea turtle measures G.Revisions to national standard 1 in the Hawaii longline fishery. The i. Review of final rule published April H.Stock Assessment Planning Council took final action to re-establish 2, 2004 I.NEPA Activities a limited (2,120 sets annually) Hawaii- ii. Update on implementation of final 1.Archipelagic management based shallow-set fishery using new rule 2.Squid &seabird measures technologies (circle hooks, mackerel- iii. Potential changes in implementation 3.Sharks, PFADs, recreational fishing type bait, and dehookers) to reduce and for 2005 J. Programmatic grants report mitigate sea turtle interactions. b. Additional Measures for sea turtles 15.Administrative matters However, several additional issues (final action) A.Financial reports remained unresolved and were c. Second Cooperative Research and B. Administrative report considered by the Council at its 122nd Management Workshop C. Meetings and workshops meeting in March 2004. These issues d. Baja meeting D. Advisory group changes arose because on April 1, 2004, a Court e. Sea turtle models 16. Other business order vacated the sea turtle conservation f. Transferred market effects regulations promulgated in 2001. The g. Hawaiian green turtle recovery Background Information Council’s management regime for the D. Marine mammals 1. Public Hearing on Electronic Logbook Hawaii-based pelagic longline fishery a. Marine mammal workshop Amendment (action item) was to be implemented on that date, b. Update on new marine mammal however existing measures for other measures The Council will consider final action Western Pacific pelagic fisheries were E. Shark management on a proposed regulatory amendment not replaced and required further a. Alternatives for shark management under all five western Pacific fishery Council action. Accordingly, at its b. Shark viewing and feeding tours management plans that would allow 122nd meeting, the Council took initial F. Pelagic squid management (initial fishermen the option of using NMFS action and recommended that the action) approved electronic logbook books following alternatives be adopted in a G. International meetings instead of the Federal paper logbook regulatory amendment containing a. PrepCon VI–Bali, Indonesia forms that are now required. In its additional measures to conserve sea b. IOSEA Meeting–Bangkok, Thailand initial action, the Council recognized turtles: c. Inter-American Tropical Tuna that the availability and capability of 1. To require annual attendance at a Commission meeting–Lima, Peru personal computers has increased to the NMFS Protected Species Workshop by 8 a.m. 12 noon Thursday, June 24, 2004 point where using them to record operators and owners of general 10. Bottomfish fisheries fisheries dependent information can longline vessels (vessels registered to A. CNMI bottomfish management benefit Western Pacific fishery general longline permits and those that measures (initial action) participants and NMFS. The benefits of in the future will be registered to B. 2004 Plan Team report and electronic logbook forms include American Samoa limited access longline recommendations significant time savings for fishery permits) - with consideration of C. SSC recommendations participants, increased data accuracy, mechanisms for remote attendance. 11. Crustaceans fisheries and time and money savings for NMFS. 2. To require general longline vessels A. Update on MULTIFAN-CL lobster The alternatives considered in the to carry and use dip nets, line clippers, model draft regulatory amendment range from and bolt cutters and follow turtle B. 2004 NWHI cruise and charter plans maintaining the current regulations, to resuscitation and release guidelines C. (MHI) lobster stock assessment requiring the use electronic logbook (note, with an exemption from carrying D. Update on annual report forms and requiring their transmission a dipnet or long-handled line clipper for development via e-mail or satellite systems. In small longline vessels with freeboard ≤3 12. Ecosystems and habitat recognition of the fact that not all ft (.9144 m)). A. Archipelagic fishery ecosystem plans fishery participants may have 3. To require non-longline pelagic B. Ulua tagging program technology or desire to use electronic vessels targeting pacific management C Update on annual report development logbooks, the preferred alternative unit species with hooks to remove 13. Fishery rights of indigenous peoples would amend the five Fishery trailing gear from accidently caught A. Community Demonstration Projects Management Plans of the Western turtles and to follow turtle resuscitation Program (2nd Solicitation) Pacific to allow the optional use of and release guidelines, wherever they B. Update on Guam Community electronic logbook forms, and the fish. Development Plan submission of such forms on non-paper 4. To require longline vessels C. CNMI Conservation Plan (final media or transmitted via e-mail or registered for use with general longline action) satellite systems. This option would be permits to use circle hooks and D.Workshop for Coastal Zone available to current participants in those mackerel-type bait and dehookers when Management-Fiji fisheries with Federal reporting shallow-setting north of the equator. 1:30 p.m.– 6 p.m., Thursday, June 24, requirements (meaning fisheries in At the 123rd meeting the Council will 2004 which participants submit Federal review the regulatory amendment

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document, and may take final action the staff to prepare a regulatory Dated: May 17, 2004. with a recommendation that the amendment to the Pelagics FMP that Galen R. Tromble, regulatory amendment document be examines a range of alternatives for Acting Director, Office of Sustainable finalized and transmitted to NMFS for seabird mitigation which included the Fisheries, National Marine Fisheries Service. review and approval. choices for longline fishermen of either [FR Doc. 04–11580 Filed 5–20–04; 8:45 am] 3. Consideration of Longline Gear the use of side setting, use of an BILLING CODE 3510–22–S Side-Setting as an Option (action item) underwater setting chute, or other In November 2000, the USFWS issued acceptable measures. At its 123rd a BiOp which contained reasonable and DEPARTMENT OF COMMERCE prudent measures for minimizing meeting, the Council may take initial interactions with the endangered action to select a preferred alternative National Oceanic and Atmospheric shorttail albatross. The BiOp recognized and direct staff to complete a regulatory Administration amendment in order to take final action that the Hawaii-based longline fishery at [I.D. 041304B] that time comprised two segments, at its next meeting. namely a deep-setting tuna-targeting 4. Preliminary CNMI Bottomfish Endangered Species; File No. 1260 segment, and a shallow-setting Management Options (initial action) swordfish targeting segment. All AGENCY: National Marine Fisheries A public hearing will be held to longline vessels fishing above 23° N′ lat. Service (NMFS), National Oceanic and solicit comments on preliminary were required to use thawed blue dyed Atmospheric Administration (NOAA), bait and employ strategic offal discards alternatives to manage the bottomfish Commerce. when setting and hauling the longline. fishery around the CNMI. Based on ACTION: Issuance of permit modification. Vessels setting deep to catch tuna were comments received during public SUMMARY: Notice is hereby given that also required to use a line setting scoping meetings held in CNMI, the the NMFS Southeast Region (SER) has machine with weighted branch lines. Council developed preliminary options been issued a modification to scientific Vessels setting shallow to target including limiting the harvest of research Permit No. 1260. swordfish were required to begin setting bottomfish, reporting requirements, the longline at least 1 hour after local establishing area closures, gear and ADDRESSES: The modification and sunset and complete the setting process vessel restrictions, and other control related documents are available for by local sunrise, using only the measures expressed by the public review upon written request or by minimum vessel lights necessary. The during the scoping meetings. At its appointment in the following office: Permits, Conservation and Education Council recommended a regulatory 122nd meeting, the Council endorsed Division, Office of Protected Resources, amendment to require these measures the range of options and asked that NMFS, 1315 East-West Highway, Room and a final rule was published in May alternatives be further developed 2002. However, the final rule did not 13705, Silver Spring, MD 20910; phone including an analysis of each option. At (301)713–2289; fax (301)713–0376. include a requirement for night setting the 123rd meeting, the Council may take due to an earlier closure of the FOR FURTHER INFORMATION CONTACT: initial action on a preferred alternative Patrick Opay or Ruth Johnson, swordfish segment of the Hawaii-based and direct staff to develop an fishery in early 2001, under separate (301)713–2289. amendment to the Bottomfish FMP that rule making in compliance with a SUPPLEMENTARY INFORMATION: On March may be considered for final action at the March 2001, BiOp issued by NMFS 1, 2004, notice was published in the regarding sea turtles. The Council 124th meeting in October 2004. Federal Register (69 FR 9596) that a recently completed a regulatory that re- Although non-emergency issues not modification of Permit No. 1260, issued opened the swordfish-targeting segment contained in this agenda may come June 29, 2001 (66 FR 34621), had been of the Hawaii longline fishery in April before the Council for discussion, those requested by the above-named 2004, which included the night setting issues may not be the subject of formal organization. The requested requirement. During 2002 and 2003, Council action during this meeting. modification has been granted under the additional seabird mitigation research Council action will be restricted to those authority of the Endangered Species Act field tests were conducted with issues specifically listed in this of 1973, as amended (ESA; 16 U.S.C. underwater setting chutes, blue dyed document and any issue arising after 1531 et seq.) and the regulations bait and side setting. Side setting, as the publication of this document that governing the taking, importing, and term implies, means setting the longline requires emergency action under section exporting of endangered and threatened from the side, rather than from the stern 305(c) of the Magnuson-Stevens Fishery species (50 CFR 222–226). of the vessel. While all measures The modification authorizes the Conservation and Management Act, worked well, side setting was the only permit holder to take an additional 14 provided the public has been notified of method which virtually reduced the loggerhead and 6 Kemp’s ridley sea interaction rate between longline and the Council’s intent to take final action turtles annually, and adds an annual seabirds to zero. However, side setting to address the emergency. take authorization of 9 leatherback, 6 is not included within the suite of Special Accommodations green and 6 hawksbill sea turtles to the measures required in the USFWS BiOp, permit. Turtles will be handled, flipper nor in the regulations for the Hawaii- These meetings are physically tagged and measured after they have based fishery. At its 122nd meeting, the accessible to people with disabilities. been captured during fishery resource Council, discussed the potential for Requests for sign language assessment cruises, and then released. amending its requirements for seabird interpretation or other auxiliary aids The modification does not cover the mitigation above 23° N′ lat. to include should be directed to Kitty M. Simonds, incidental capture of the sea turtles, side setting, an underwater setting chute (808)522–8220 (voice) or (808)522–8226 which is authorized separately in the or towed deterrent as measures that (fax), at least 5 days prior to the meeting biological opinion relating to the fishermen may elect to use in place of date. authorization of the assessment cruises. blue dyed bait, strategic offal discards Issuance of this modification, as and night setting. The Council directed Authority: 16 U.S.C. 1801 et seq. required by the ESA was based on a

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finding that such permit (1) was applied the facsimile is confirmed by hard copy DATES: Consideration will be given to all for in good faith, (2) will not operate to submitted by mail and postmarked no comments received by June 21, 2004. the disadvantage of the endangered later than the closing date of the Title and OMB Number: Revitalizing species which is the subject of this comment period. Base Closure Communities, Economic permit, and (3) is consistent with the Comments may also be submitted by Development Conveyance Annual purposes and policies set forth in e-mail. The mailbox address for Financial Statement; OMB Number section 2 of the ESA. providing email comments is 0790–0004. Dated: May 14, 2004. [email protected]. Include Type of Request: Extension. in the subject line of the e-mail Stephen L. Leathery, Number of Respondents: 79. comment the following document Responses per Respondent: 1. Chief, Permits, Conservation and Education identifier: File No. 1475. Division, Office of Protected Resources, Annual Responses: 79. National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Average Burden per Response: 40 [FR Doc. 04–11581 Filed 5–20–04; 8:45 am] Jennifer Jefferies or Jill Lewandowski, hours. (301)713–2289. BILLING CODE 3510–22–S Annual Burden Hours: 3,160. SUPPLEMENTARY INFORMATION: The Needs and Uses: The information subject permit is requested under the collection requirement is necessary to DEPARTMENT OF COMMERCE authority of the Endangered Species Act verify that Local Redevelopment of 1973, as amended (ESA; 16 U.S.C. Authority (LRA) recipients of no-cost National Oceanic and Atmospheric 1531 et seq.) and the regulations Economic Development Conveyances Administration governing the taking, importing, and (EDCs) are in compliance with the [I.D. 050604A] exporting of endangered and threatened requirement that the LRA reinvest species (50 CFR 222–226). proceeds from the use of EDC property Endangered Species; File No. 1475 The purpose of the project is to for seven years. Respondents are LRAs conduct research and monitoring on that have executed no-cost EDC AGENCY: National Marine Fisheries smalltooth sawfish in the State of agreements with a Military Department Service (NMFS), National Oceanic and Florida, especially the Charlotte Harbor that transferred property from a closed Atmospheric Administration (NOAA), estuarine system where sawfish are military installation. As provided by Commerce. known to frequent. Researchers would Section 2821(a)(3)(B)(i) of the National ACTION: Receipt of application. characterize habitat use, relative Defense Authorization Act for Fiscal abundance, juvenile recruitment, and SUMMARY: Notice is hereby given that Year 2000 (Pub. L. 106–65), such temporal and spatial distributions of agreements require that the LRA the Florida Fish and Wildlife this species through the following Conservation Commission, Florida reinvest the proceeds from any sale, research methodologies: capture via lease or equivalent use of EDC property Marine Research Institute (Richard E. seines, hook and line and gillnets, Matheson, Principal Investigator), 1481 (or any portion thereof) during at least measure, genetic sampling, PIT and Market Circle, Unit 1, Port Charlotte, FL the first seven years after the date of the rototagging and release of 135 juvenile 33953, has applied in due form for a initial transfer of the property to support and 65 adult smalltooth sawfish permit to take smalltooth sawfish the economic redevelopment of, or throughout the state of Florida. In (Pristis pectinata) for purposes of related to, the installation. The addition, a subset of 25 juveniles and 25 scientific research. Secretary of Defense may recoup from adults would also have acoustic tags the LRA such portion of these proceeds DATES: Written, telefaxed, or e-mail attached, and a subset of 10 juveniles comments must be received on or before not used to support the economic and 15 adults would also have satellite redevelopment of, or related to, the June 21, 2004. tags attached. The researchers are ADDRESSES: The application and related installation. LRAs are subject to this requesting authorization for these same seven-year reinvestment documents are available for review activities for five years. upon written request or by appointment requirement if their EDC agreement is in the following office(s): Dated: May 17, 2004. modified to reduce the debt owed to the Permits, Conservation and Education Stephen L. Leathery, Federal Government. Military Division, Office of Protected Resources, Chief, Permits, Conservation and Education Departments monitor LRA compliance NMFS, 1315 East-West Highway, Room Division, Office of Protected Resources, with this provision by requiring an 13705, Silver Spring, MD 20910; phone National Marine Fisheries Service. annual financial statement certified by (301)713–2289; fax (301)713–0376; and [FR Doc. 04–11582 Filed 5–20–04; 8:45 am] an independent Certified Public Southeast Region, NMFS, 9721 BILLING CODE 3510–22–S Accountant. No specific form is Executive Center Drive North, St. required. Petersburg, FL 33702–2432; phone Affected Public: Not-for-profit (727)570–5301; fax (727)570–5320. DEPARTMENT OF DEFENSE institutions; State, Local or Tribal Written comments or requests for a Government. public hearing on this application Office of the Secretary Frequency: Annually. should be mailed to the Chief, Permits, Respondent’s Obligation: Required to Submission for OMB Review; Conservation and Education Division, Obtain or Retain Benefits. Comment Request F/PR1, Office of Protected Resources, OMB Desk Officer: Ms. Jacqueline NMFS, 1315 East-West Highway, Room ACTION: Notice. Zeiher. 13705, Silver Spring, MD 20910. Those Written comments and individuals requesting a hearing should The Department of Defense has recommendations on the proposed set forth the specific reasons why a submitted to OMB for clearance, the information collection should be sent to hearing on this particular request would following proposal for collection of Ms. Zeiher at the Office of Management be appropriate. information under the provisions of the and Budget, Desk Officer for DoD, Room Comments may also be submitted by Paperwork Reduction Act (44 U.S.C. 10236, New Executive Office Building, facsimile at (301)713–0376, provided Chapter 35). Washington, DC 20503.

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DoD Clearance Officer: Mr. Robert U.S.C. 552b(c)(1), and that accordingly, DEPARTMENT OF DEFENSE Cushing. this meeting will be closed to the Written requests for copies of the public. Department of the Navy information collection proposal should Dated: May 17, 2004. be sent to Mr. Cushing, WHS/ESCD/ Meeting of the Chief of Naval Information Management Division, 1225 L.M. Bynum, Operations (CNO) Executive Panel Alternate, OSD Federal Register Liaison South Clark Street, Suite 504, Arlington, AGENCY: Department of the Navy, DOD. VA 22202–4326. Officer, Department of Defense. [FR Doc. 04–11466 Filed 5–20–04; 8:45 am] ACTION: Notice of closed meeting. Dated: May 14, 2004. BILLING CODE 5001–06–M L.M. Bynum, SUMMARY: The Chief of Naval Operations Alternate OSD Federal Register Liaison (CNO) Executive Panel Near-Term Assessment Study Group will meet to Officer, Department of Defense. DEPARTMENT OF DEFENSE [FR Doc. 04–11465 Filed 5–20–04; 8:45 am] discuss recent trends in Basing, Technology, Alliances, and Defense BILLING CODE 5001–06–M Department of the Navy Policy and their effect on Navy policy Notice of Availability of Government- and operations. DEPARTMENT OF DEFENSE Owned Inventions; Available for DATES: The meeting will be held on Licensing Friday, June 11, 2004, from 12 p.m. to Office of the Secretary 1 p.m. AGENCY: ADDRESSES: The meeting will be held at Meeting of the DOD Advisory Group on Department of the Navy, DOD. the Chief of Naval Operations Office, Electron Devices ACTION: Notice. Room 5E540, 2000 Navy Pentagon, AGENCY: Department of Defense, Washington, DC 20350–2000. SUMMARY: The inventions listed below Advisory Group on Electron Devices. FOR FURTHER INFORMATION CONTACT: are assigned to the United States ACTION: Commander Jon Huggins, CNO Notice. Government as represented by the Executive Panel, 4825 Mark Center Secretary of the Navy and are available SUMMARY: The DoD Advisory Group on Drive, Alexandria, VA 22311, 703–681– for licensing by the Department of the Electron Devices (AGED) announces a 6207. closed session meeting Navy. U.S. Patent No. 6,647,297: A Permanent Retinal Implant Device, SUPPLEMENTARY INFORMATION: Pursuant DATES: The meeting will be held at to the provisions of the Federal 0830, Tuesday, June 22, 2004. Navy Case 83,839.//U.S. Patent Application Serial No. 09/840,235: Advisory Committee Act (5 U.S.C. App. ADDRESSES: The meeting will be held at Method for Color Image Fusion, Navy 2), these matters constitute classified Palisades Institute for Research Case No. 82,413.//U.S. Patent information that is specifically Services, 1745 Jefferson Davis Highway, Application Serial No. 10/673,352: authorized by Executive Order to be Suite 500, Arlington, VA 22202. Microelectronic Cell Electroporation kept secret in the interest of national FOR FURTHER INFORMATION CONTACT: Mr. Array, Navy Case No. 84,495.//Navy defense and are, in fact, properly Eric Carr, AGED Secretariat, 1745 Case No. 84,655: An Algorithmic Means classified pursuant to such Executive Jefferson Davis Highway, Crystal Square of Increasing the Spatial Acuity of a Order. Accordingly, the Secretary of the Four, Suite 500, Arlington, Virginia Focal Plane Array (FPA) Electro-Optic Navy has determined in writing that the 22202. (E-O) Imaging System by Accumulating public interest requires that all sessions of the meeting be closed to the public SUPPLEMENTARY INFORMATION: The Multiple Frames of Imagery into a mission of the Advisory Group is to Single Composite Image. because they will be concerned with provide advice to the Under Secretary of matters listed in section 552b(c)(1) of ADDRESSES: Requests for copies of the title 5, United States Code. Defense for Acquisition, Technology inventions cited should be directed to Dated: May 17, 2004. and Logistics to the Director, Defense the Naval Research Laboratory, Code Research and Engineering (DDR&E), and 1004, 4555 Overlook Avenue, SW., S.A. Hughes, through the DDR&E to the Director, Washington, DC 20375–5320, and must Lieutenant Commander, Judge Advocate Defense Advanced Research Projects include the Navy Case number. General’s Corps, U.S. Navy, Federal Register Agency and the Military Departments in Liaison Officer. planning and managing an effective and FOR FURTHER INFORMATION CONTACT: Jane [FR Doc. 04–11538 Filed 5–20–04; 8:45 am] economical research and development F. Kuhl, Head, Technology Transfer BILLING CODE 3810–FF–P program in the area of electron devices. Office, NRL Code 1004, 4555 Overlook The AGED meeting will be limited to Avenue, SW., Washington, DC 20375– review of research and development 5320, telephone (202) 767–3083. Due to DENALI COMMISSION programs which the Military temporary U.S. Postal Service delays, Departments propose to initiate with please fax (202) 404–7920, E-Mail: 5-Year Strategic Plan industry, universities or in their [email protected] or use courier laboratories. The agenda for this delivery to expedite response. Introduction meeting will include programs on (Authority: 35 U.S.C. 207, 37 CFR Part 404.) The Denali Commission Act of 1998 microwave technology, (Title III, Pub. L. 105–277, 42 U.S.C. microelectronics, electro-optics, and Dated: May 17, 2004. 3121) created a State-Federal electronics materials. S.A. Hughes, partnership to address crucial needs of In accordance with section 10(d) of Lieutenant Commander, Judge Advocate rural Alaskan communities, particularly Public Law 92–463, as amended, (5 General’s Corps, U.S. Navy, Federal Register isolated Native villages and other U.S.C. App. section 10(d)), it has been Liaison Officer. communities lacking access to the determined that this Advisory Group [FR Doc. 04–11539 Filed 5–20–04; 8:45 am] national highway system, affordable meeting concerns matters listed in 5 BILLING CODE 3810–FF–P power, adequate health facilities and

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other impediments to economic self through which agencies of government, available on the Denali Commission sufficiency. Guided by five including Tribal governments, may Web site: http://www.denali.gov) Commissioners representing statewide collaborate, guided by the people of • The Denali Commission will non-governmental organizations, the Alaska, to aggressively do the right generally not select individual projects unprecedented results to date testify to things in the right ways. for funding nor manage individual the efficacy of inter-agency teamwork, Respect For People and Cultures— projects, but will work through existing effective training, and the setting of high The Commission will be guided by the State, Federal or other appropriate sustainability standards by those closest people of Alaska in seeking to preserve organizations to accomplish its mission. to the problems at hand. The the principles of self-determination, • Projects in economically distressed Commission is a highly effective respect for diversity, and consideration communities will have priority for catalyst for enhanced collaboration of the rights of individuals. Denali Commission assistance. among Federal, State, tribal and local Inclusive—The Commission will • Projects should be compatible with governments as well as private sector, provide the opportunity for all local cultures and values. non-profit and other interests. The over interested parties to participate in • Projects that provide substantial arching goal of enabling economic self decision-making and carefully reflect health and safety benefit, and/or sufficiency is based on effective their input in the design, selection, and enhance traditional community values, community comprehensive planning, implementation of programs and will generally receive priority over those and regional support. projects. that provide more narrow benefits. This document will guide the reader Sustainability—The Commission will • Projects should be community- through: promote programs and projects that based and regionally supported. • An introduction of the Denali meet the current needs of communities • Projects should have broad public Commission’s purposes and mission. and provide for the anticipated needs of involvement and support. Evidence of • The Denali Commission’s Work future generations. support might include endorsement by Plan for Fiscal Year 2005. Accountability—The Commission will affected local government councils • The 5-year strategic plan. set measurable standards of (municipal, Tribal, IRA, etc.), Purpose of the Commission effectiveness and efficiency for both participation by local governments in internal and external activities. planning and overseeing work, and local The Denali Commission Act of 1998, cost sharing on an ‘‘ability to pay’’ basis. as amended (Division C, Title III, Pub. Goals • Priority will generally be given to L. 105–277) states that the purposes of The goals generated by the strategic projects with substantial cost sharing. the Denali Commission are: planning process define conditions that • Priority will generally be given to To deliver the services of the Federal must be created to realize the Denali projects with a demonstrated Government in the most cost-effective Commission Vision. commitment to local hire. manner practicable by reducing 1. All Alaska, no matter how isolated, • Denali Commission funds may administrative and overhead costs. will have the physical infrastructure supplement existing funding, but will To provide job training and other necessary to protect health and safety not replace existing Federal, State, local economic development services in rural and to support self-sustaining economic government, or private funding. communities, particularly distressed development. • The Denali Commission will give communities (many of which have a 2. Local residents in Alaskan priority to funding needs that are most rate of unemployment that exceeds 50 communities will be provided the clearly a Federal responsibility. percent). opportunity to acquire the skills and • Denali Commission funds will not To promote rural development, be used to create unfair competition provide power generation and knowledge necessary to be employed on with private enterprise. transmission facilities, modern the construction, operation and Additional Guiding Principles for communication systems, bulk fuel management jobs created by publicly Infrastructure: storage tanks, water and sewer systems funded physical infrastructure in their • A project should be consistent with and other infrastructure needs. communities. 3. Alaskans will have access to a comprehensive community or regional Vision financial and technical resources plan. • Alaska will have a healthy well- necessary to build a cash economy to Any organization seeking funding trained labor force working in a supplement the existing subsistence assistance must have a demonstrated diversified and sustainable economy economy. commitment to operation and that is supported by a fully developed 4. Federal and State agencies will maintenance of the facility for its design and well-maintained infrastructure. simplify procedures, share information, life. This commitment would normally and improve coordination to ensure include an institutional structure to levy Mission equitable delivery of services to all and collect user fees if necessary, to The Denali Commission will partner Alaskan communities. account for and manage financial resources, and having trained and with tribal, Federal, State, and local Implementation Guiding Principles governments and collaborate with all certified personnel necessary to operate Alaskans to improve the effectiveness • Projects must be sustainable. To and maintain the facility. and efficiency of government services, assist with the implementation of this Additional Guiding Principles for to develop a well-trained labor force principle, an Investment Strategy has Economic Development: employed in a diversified and been drafted to ensure that the level of • Priority will be given to projects sustainable economy, and to build and funding provided by the Denali that enhance employment in high ensure the operation and maintenance Commission to infrastructure projects in unemployment areas of the State of Alaska’s basic infrastructure. small, declining and/or environmentally (economically distressed), with threatened communities serves a public emphasis on sustainable, long-term Values purpose and is invested in the most local jobs or career opportunities. Catalyst For Positive Change—The conscientious and sustainable manner • Projects should be consistent with Commission will be an organization possible. (The Investment Strategy is statewide or regional plans.

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• The Denali Commission may fund • Community Plans. A single Facilities demonstration projects that are not a community strategic plan should be —Telecommunications part of a regional or statewide economic sufficient to identify and establish the —Community Facilities development plan if such projects have priorities of each rural community. • significant potential to contribute to • Sharing Information. Sharing Economic Development economic development. information increases efficiencies and —Comprehensive Planning Additional Guiding Principles for decreases duplication of services by • Job Training, Education, Capacity Training: State and Federal agencies. Building • Training should increase the skills • Economic Development. Economic —Comprehensive Planning and knowledge of local residents to development facilitates and supports become employed on jobs created by the the growth of self-sufficient In Fiscal Year 2005, the Denali Government’s investment in public communities. Commission will continue to collaborate facilities in a community. • Non-Profit Organizations and Other with other funding agencies and with all Intergovernmental Coordination—The Community Organizations. Non-profit impacted and interested parties to Memorandum of Understanding: The and other organizations in Alaska are a address identified needs on a priority Denali Commission Act recognizes that valuable resource for State and Federal basis. In addition to FY05 appropriated our mission can be accomplished only Agencies. They provide regional funds of $2.5 million the Commission through a collaborative, coordinated planning, program support and expects to receive approximately $3.8 effort by the State of Alaska and key partnering opportunities million in interest from the Trans Federal agencies. The State of Alaska • Workforce Development Alaska Pipeline Liability (TAPL) fund also recognizes benefits can be furthered (Vocational and Career Training). and $22 million from the Department of if State agencies work in a collaborative Workforce development is a critical Health & Human Services. and coordinated effort. With this in component to building sustainable mind, Denali Commission has drawn up public infrastructure and self-sufficient Prioritization of Projects for FY 2005 a Memorandum of Understanding communities in Alaska. Of necessity, the Commission’s work (MOU), which more than 20 agencies Fiscal Year 2005 Work Plan must be phased over a number of years have agreed to, that outlines some based on the urgency of competing points of agreement that will facilitate The Commission has determined that needs and availability of funding. The the collaboration and coordination the scope and scale of infrastructure theme of rural energy, as one important necessary for achievement of the issues facing rural Alaska are staggering. prerequisite to all other utilities and purposes of the Denali Commission and The total of known basic infrastructure economic development, was selected as related missions of agencies who are needs for Alaskan communities is the Commission’s top priority for parties to the MOU. estimated to be over $13 billion. These infrastructure funding. Primary health The points of the MOU are infrastructure needs include: • care facilities were identified as the Sustainability. Federal and State • Infrastructure agencies recognize the importance of second infrastructure theme for the Housing Construction/Development Commission beginning in FY00. These utilizing sustainability principles when —Multi-use Facilities investing in public infrastructure two themes will continue to be the top —Power Utilities priorities for infrastructure funds projects —Fuel Storage • through FY05, and the Commission, Regional Strategies. Systematic —Drinking Water and Waste Water consistent with Congressional intent, planning and coordination on a local, Facilities regional and statewide basis are —Solid Waste Management Facilities may add one or more additional themes. necessary to achieve the most effective —Health Care Facilities For planning purposes, the results from investment in —Airport Facilities Commission has allocated a total of infrastructure, economic development, —Road and Trail Construction $28,300,000 using the Commission’s and training. —Port, Dock and Other Marine approved formula for FY05:

FY05 projected TAPL interest TAPL & FY05 funding funds combined

Bulk Fuel ...... $3,610,000 $3,610,000 Health Clinics ...... $20,900,000 ...... 20,900,000 Operations ...... 3,600,000 190,000 3,790,000

Total ...... 24,500,000 3,800,000 28,300,000

In accordance with the Denali Federal government entities, regulated Projects resulting from funding of Commission Code, Administrative utilities, or non-profit organizations. It infrastructure themes generally are funds (5%) are solely the responsibility shall be the responsibility of all such consistent with high priorities identified of the Federal Co-Chair. Allocation of implementing organizations to comply in community plans. The existence of the balance of funds (95%) will be made with all applicable laws. Any special community plans greatly facilitates the by the full Denali Commission, utilizing requirements will be articulated in the location, design, and completion of the guiding principles previously funding agreement between the Denali infrastructure projects within a outlined in this document, and priority Commission and the funding recipient. community. systems designed specifically for each The MOU will serve to guide Performance Indicators for FY 2005 budget category. intergovernmental coordination and Energy: Project implementation will generally collaboration among agencies. • Reduce the backlog of non- be accomplished through State, local or compliant bulk fuel storage facilities in

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rural Alaska by renovating or building a by necessity, to comply with this Denali Commission mission, the system bulk fuel storage facility in 2 initiative. Although formal assessments allows for collaboration to improve the communities. have not been carried out on the effectiveness and efficiency of Health Care: competitive sourcing opportunities, government services. Within the • Complete construction or Denali Commission regularly utilizes database, managers and grantees renovation of primary health care contractors and private enterprise for perform on-line reporting; provide facilities in 12 communities. many of our tasks. Examples include project financial information, project Financial and Technical Resources: development of innovative database and photos and other information on all • Produce reliable and timely accounting systems, computer Commission funded projects. Also performance and other financial maintenance, and document scanning available within the database are information from the financial services. priority lists of projects yet to be funded management system for managing in communities across Alaska. Across Improved Financial Management current operations. the State of Alaska, Federal, State and • Prepare accurate and timely Five of the Denali Commission local entities (including regional non- financial reports on Budget Execution in permanent staff are responsible for all profits, health corporations, and tribal accordance with generally accepted operations and finance. Limited to 5% governments) share a vision for accounting principles and meeting the overhead, the agency has, and will developing a shared, central database requirements of the Office of continue to, enthusiastically participate (or portal) to further improve the Management and Budget and U.S. and pursue automation and forward- transparency of government. Treasury. thinking technology whenever possible. Denali Commission now has an active Government Coordination: Through advances in technology, we link to our agency Web site located on • Maintain administrative expenses will continue to realize internal http://www.FirstGov.gov to help citizens of Denali Commission at 5% or less of efficiencies and increases in find information and obtain services appropriated funds. effectiveness. from that central location. We are • Hold Denali Commission partners To keep pace with the Government- working to place Denali Commission to the lowest reasonable overhead costs Wide-Accounting (GWA) initiative, a grant opportunities on the http:// needed to complete projects. new accounting system was developed www.Grants.gov Web site as well. in FY 04. The Commission utilizes the Work Toward the President’s Additional e-Government projects that Veterans Affairs (VA) Financial Services Denali Commission is monitoring and Management Agenda Enterprise Center as consultants on this will participate in include e-Travel and President George W. Bush has set project. This accounting system e-Authentication. To maximize IT forth a strategy to improve management maintains the highest quality of partnerships (and coordination) with of the Federal government through accuracy in reporting to OMB, Congress other federal agencies, Denali government-wide goals in five mutually and the public. Commission works with the Federal reinforcing areas: Staff are working in conjunction with Aviation Administration (FAA) and —Human Capital other Federal agencies to accomplish Department of the Interior (DOI) to —Competitive Sourcing automation to the extent feasible, with support our local computer network. —Improved Financial Management Federal Treasury payment and Our commitment to internet and —Expanded e-Government collection systems (IPAC, ASAP and electronic payment and collection —Budget and Performance Integration SPS). We are currently a pilot test site systems is hailed by our vendors and The Denali Commission is making for the Internet Payment Platform (IPP) customers, especially in this large state progress in these strategic areas in the which is being developed by Treasury with sometimes slow and unpredictable following ways. for the efficient and timely payment of mail and telephone (Internet) services. vendors. These systems assist with streamlining Human Capital and ensuring timely and accurate Expanded E-Government The Denali Commission attempts to transactions. be innovative in its recruitment and Denali Commission is committed to As we build and develop strong IT retention of staff. With a small managing our projects more effectively infrastructure at Denali Commission, we permanent staff and ‘‘on-loan’’ staff and more transparently to partners, maintain a high level of vigilance that from partner agencies and organizations, customers and the public. The Denali proper and adequate security is set in the Denali Commission has a flat Commission Project Database is a place. Our plan for IT development organization chart, making it simple for significant step in this direction. The always includes an assessment of value customers to reach the staff they need to Denali Commission Project Database, to the public, avoidance of duplication and get the answers they require, now operational on our Web site, is an and the goal of transparency and through electronic messaging, initiative that permeates several of the accountability. five strategic areas of the President’s telephone, or in-person. Budget and Performance Integration An additional advantage of a small Management Agenda. To enhance organization is the ease of managing the project management and information The Denali Commission, by accurate measurement and appropriate sharing with our partners and the legislation, is limited to 5% overhead/ rewarding of staff for performance. public, Denali Commission has administrative rate. So, 95% of our Denali Commission utilizes many developed an Internet-based database of funds go directly into making progress human capital investment-oriented all Commission projects. This tool is for toward our vision: strategies for retaining qualified and tracking and managing Denali Alaska will have a healthy, well-trained effective staff, such as preventive health Commission and partner project data. labor force working in a diversified and programs, and appropriate training. The database is built to provide sustainable economy that is supported by a information that is easy to use, has the fully developed and well-maintained Competitive Sourcing highest degree of integrity and infrastructure. As a very small agency headquarters, maintainability, and is accessible for all Denali Commission has set in motion Denali Commission is highly motivated, interested parties. In keeping with the the tools to assist the staff in measuring

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performance—the Project Database and from the arctic desert to moderate rain High Cost and Low Standard of the new accounting system. We require forests in the south. Living—Over 180 communities suffer our grantees to establish and meet Isolation—Approximately 220 from inadequate sanitation or a lack of milestones, and we publish those on the Alaskan communities are accessible safe drinking water. Residents face high Project Database. We set goals at an only by air or small boat. Some village electric costs: 61 cents per kilowatt-hour agency level for construction projects communities are separated by hundreds for electricity in a few communities reaching completion each year. That is of miles from the nearest regional hub (average in rural Alaska is the bottom line that will improve the community or urban center. The average approximately 40 cents per kilowatt- lives of the residents of Alaska. And we community is over 1,000 miles from the hour which is over 6 times the National set internal benchmarks for the quality state capital. average of 6.75 cents) even with State and efficiency of services provided to Unemployment—The economy of subsidies. our customers. That keeps the Denali rural Alaska is a mix of government or The Commission determined that the Commission staff on track in prioritizing government-funded jobs, natural scope and scale of infrastructure issues individuals’ work time. We measure resource extraction and traditional facing rural Alaska are staggering. ourselves against these standards Native subsistence activities. Many rural Assessment of needs and refinement of constantly and check on them as a team Alaskans depend on subsistence estimates will be an ongoing process. monthly. hunting, fishing and gathering for a The total of known infrastructure needs Strategic Plan—2005–2009 significant portion of their foods, but is estimated to be over $13 billion. also depend on cash income to provide Training and economic development Challenges to Development and the means to pursue subsistence needs have not been quantified, but the Economic Self-Sufficiency in Alaska activities. Cash-paying employment unmet needs in these areas are also Geography/Climate—The State of opportunities in rural Alaska are scarce believed to be quite large. Consequently, Alaska encompasses twenty percent of and are highly seasonal in many areas; it is imperative that efforts to address the landmass of the United States, unemployment rates exceed 50% in 147 the most essential needs be both focused encompassing five (5) climatic zones communities. and strategic.

Funding category Category / class Needs ($) Total ($)

Infrastructure ...... Housing Construction/Development ...... 1,800,000,000 Power Utilities ...... 300,800,000 Fuel Storage ...... 362,500,000 Drinking Water and Waste Water Facilities ...... 650,000,000 Solid Waste Management Facilities ...... (1) Primary Health Care Facilities ...... 481,000,000 Other Health Facilities ...... 514,000,000 Airport Facilities ...... 1,300,000,000 Road Construction ...... 8,600,000,000 Port Facilities ...... 300,000,000 Telecommunications ...... (1) Community Facilities ...... (1) Other ...... (1) Subtotal ...... 13,794,300,000 Economic Development ...... Comprehensive Planning ...... (1) Other ...... (1)

Job Training, Education, Capacity Comprehensive Planning ...... (1) Building. Other ...... (1) Total ...... 13,794,300,000 * Supporting information for the assessed need by category is provided in Appendix A 1 Unknown.

Goals, Objectives and Key Activities 4. All Alaskans will have reasonable transmission facilities. The strategy will Goal #1: access to telecommunication services identify institutional structures and All Alaska, no matter how isolated, comparable to those available in major measures to achieve sustainable will have the physical infrastructure urban centers at comparable costs. operation and maintenance of necessary to protect health and safety 5. Construction of other basic physical completed physical systems. and to support self-sustaining economic infrastructure including but not limited • Complete a statewide needs development. to roads, ports, airports, and community assessment for primary health care Objectives: facilities will be accelerated on a facilities and develop a system to 1. Energy facilities (bulk fuel storage, priority basis. establish priorities for completion of power generation and transmission) will Key Activities to Achieve Goals and needed facilities. be constructed and upgraded at a Objectives: • Collaborate with federal agencies significantly accelerated pace. • Complete a statewide energy and assist the State of Alaska as 2. All Alaskans will have reasonable strategy to clearly identify needs and set necessary in identifying gaps in funding access to primary health care services. priorities for completion of bulk fuel for physical infrastructure that can be 3. All Alaskans will have safe storage facilities, power generation filled first by existing federal programs drinking water and sanitary waste facilities including innovative and or, if necessary, by Denali Commission disposal systems. alternative facilities and power funding.

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• Utilize the annual work plan provide specific training to local • Annual payroll of projects financed development process to allocate funds residents to become employed on through Alaska Growth Capital will be to physical infrastructure categories. construction, operations and at least $90,000 and will increase Allocation of funds to specific projects maintenance jobs created by publicly annually by at least $30,000. will generally be guided by statewide funded physical infrastructure projects. • A minimum of 5 feasibility studies priority systems and comprehensive Performance Indicators: for new business startups in plans developed at the community and • Increase the number of local area economically distressed areas of Alaska regional levels. residents trained on construction, will be funded annually from the Performance Indicators: operations and maintenance of Denali revolving loan fund. • Reduce the backlog of non- Commission-funded physical Goal # 4: compliant bulk fuel storage facilities in infrastructure in Alaska by 5% Federal and State agencies will rural Alaska in 6 communities annually. annually. simplify procedures, share information, • Increase the reliability, efficiency • Increase the local resident payroll and improve coordination to enhance and sustainability of power generation on Denali Commission funded projects and improve the efficiency of the and/or transmission in 6 communities by 2% annually. delivery of services to Alaskans and the • annually. Increase the annual earnings of each communities in which they reside. • Complete construction or local resident that completes Denali Objectives: renovation of primary health care Commission funded training by 5%. 1. The Denali Commission will limit facilities for at least 5 communities is Goal # 3: its own administrative expenses to no anticipated annually. Rural Alaskans will have access to more than 5% of its total budget and • Enter into formal agreements with financial and technical resources will ensure that all Denali Commission State and Federal agencies and others as necessary to build a cash economy to partners are kept to the lowest possible appropriate to ensure accomplishment supplement the existing subsistence overhead needed to complete a project. of objectives 3–5. economy. 2. The Denali Commission will work Goal # 2: Objectives: to gain acceptance of a single 1. All Alaskans will have access to Local residents in Alaskan community developed comprehensive programs that provide entrepreneurial communities will have the opportunity plan as the basis for all Federal and to acquire skills and knowledge education. Technical assistance and State agency funding. business services will be available to necessary to be employed on the 3. The Denali Commission will work entrepreneurs and business owners. construction, operation and to gain acceptance and utilization of a management jobs created by publicly 2. Entrepreneurs will have access to capital resources appropriate for their single comprehensive database for funded physical infrastructure in their information (plans and project communities. circumstances including bank loans, information) for rural Alaskan Objectives: micro loans, BIDCO loans, venture 1. Local residents will have access to capital, SBA loans, USDA Rural communities. skills and knowledge training that is Development loans, U.S. Department of Key Activities to Achieve Goals and necessary for employment on publicly Commerce EDA loans or grants. Objectives: • The Denali Commission will work funded physical infrastructure in their 3. Support access to partnership communities. funding for community based utilities, with key State and Federal agencies to 2. The Denali Commission’s infrastructure and health delivery complete and periodically update a investment in physical infrastructure projects. memorandum of agreement that outlines will be protected by local residents Key Activities to Achieve Goals and key actions necessary to achieve this Objectives: goal. trained to operate and maintain • facilities. • Financial assistance will be The Denali Commission will 3. Workers from outside a community provided through the State Department actively engage the Alaska Federal will not need to be imported to fill of Community and Economic Executives Association, consistent with construction, operations and Development and the First Alaskans its charter, as a means to achieve this maintenance jobs necessary for publicly Foundation to assist entrepreneurs, goal. • funded physical infrastructure. communities and regional entities to The Denali Commission will seek 4. Communities will benefit from the develop economic capacity. the guidance and assistance of the State increase in earnings from local residents • Financial assistance will be Co-Chair as he/she works with the employed on publicly funded physical provided to Alaska Growth Capital to Governor’s cabinet to assist in meeting infrastructure. enable that company to make loans and these goals and objectives. Key Activities to Achieve Goals and provide hands on technical assistance to • Agreements with Denali Objectives: entrepreneurs in economically Commission program implementation • Provide funding to a coordinated distressed areas of Alaska. partners will be negotiated to achieve training system including, regional and • The Denali Commission will work the minimum practicable overhead local coordination, career pathway with financial institutions, foundations rates. information, specific training courses, and other entities as appropriate to Performance Indicators: union apprenticeship-based training create a revolving loan fund expressly • Administrative expenses of Denali and non-union based training. for funding feasibility studies. Commission will be 5% or less. • Partner with the State of Alaska, • A minimum of two partnerships • Denali Commission partners will be Native Non-Profit Corporations, private will be facilitated annually leading to held to the lowest reasonable overhead sector, union-based training completed projects within 5 years. costs needed to complete projects. organizations, non-union based training Performance Indicators: • An MOU will be reviewed organizations and other federal agencies • Minimum annual disbursement of annually, and updated as necessary to to create a coordinated system to meet financing by Alaska Growth Capital to memorialize the commitment of Federal the training needs of local residents. business in communities defined as and State agencies to this goal. • Provide financial assistance to distressed by the Denali Commission • Progress in meeting these goals and communities and organizations that will will be $275,000. objectives will be documented annually.

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Implementation Guiding Principles account for and manage financial • Sharing Information. Sharing • Projects must be sustainable. To resources, and having trained and information increases efficiencies and assist with the implementation of this certified personnel necessary to operate decreases duplication of services by principle, an Investment Strategy has and maintain the facility. State and Federal agencies. Additional Guiding Principles for • been drafted to ensure that the level of Economic Development. Economic Economic Development: funding provided by the Denali development facilitates and supports • Priority will be given to projects Commission to infrastructure projects in the growth of self-sufficient that enhance employment in high small, declining and/or environmentally communities. unemployment areas of the State • Non-Profit Organizations and Other threatened communities serves a public (economically distressed), with Community Organizations. Non-profit purpose and is invested in the most emphasis on sustainable, long-term and other organizations in Alaska are a conscientious and sustainable manner local jobs or career opportunities. valuable resource for State and Federal possible. (The Investment Strategy is • Projects should be consistent with Agencies. They provide regional now available on the Denali statewide or regional plans. planning, program support and Commission website for public review • The Denali Commission may fund partnering opportunities and comment.) demonstration projects that are not a • Workforce Development • The Denali Commission will part of a regional or statewide economic (Vocational and Career Training). generally not select individual projects development plan if such projects have Workforce development is a critical for funding nor manage individual significant potential to contribute to component to building sustainable projects, but will work through existing economic development. public infrastructure and self-sufficient State, Federal or other appropriate Additional Guiding Principles for communities in Alaska. organizations to accomplish its mission. • Training: Projects in economically distressed • Training should increase the skills Appendix A: Needs Assessment communities will have priority for and knowledge of local residents to Supporting Information Denali Commission assistance. become employed on jobs created by the Power Utilities • Projects should be compatible with Denali Commission’s investment in Need: $300.8 million. local cultures and values. public facilities in a community. • Projects that provide substantial • Annual Funding: Denali Commission to In order to protect the federal establish. health and safety benefit, and/or investment, training should increase the Source: AEA Assessment, 2000. enhance traditional community values, local capacity to operate and maintain Background: 178 communities were will generally receive priority over those Denali Commission funded public surveyed by the Alaska Energy Authority that provide more narrow benefits. infrastructure. (AEA) which was completed in 2000. The • Projects should be community- Intergovernmental Coordination—The total need for power utilities which includes based and regionally supported. Memorandum of Understanding: power plant construction, rehabilitation, • Projects should have broad public The Denali Commission Act distribution, and cost reduction projects involvement and support. Evidence of recognizes that our mission can only be totals $300.8 million. The information support might include endorsement by presented below is separated by needs of accomplished through a collaborative, communities that are part of the Alaska affected local government councils coordinated effort by the State of Alaska Village Electric Cooperative (AVEC) and all (municipal, Tribal, IRA, etc.), and key federal agencies. The State of other remote communities. participation by local governments in Alaska also recognizes benefits can be planning and overseeing work, and local furthered if State agencies work in a AVEC cost sharing on an ‘‘ability to pay’’ basis. collaborative and coordinated effort. $76,000,000—Power Plant Construction and • Priority will generally be given to With this in mind, Denali Commission Rehabilitation projects with substantial cost sharing. has drawn up a Memorandum of $18,000,000—Wind Power Generation Projects • Priority will generally be given to Understanding (MOU), which more than projects with a demonstrated $1,800,000—Other Power Distribution 20 agencies have agreed to, that outlines Total AVEC: $93,800,000 commitment to local hire. some points of agreement that will • Denali Commission funds may facilitate the collaboration and Other Communities supplement existing funding, but will coordination necessary for achievement $131,000,000—Power Plant Construction and not replace existing Federal, State, local of the purposes of the Denali Rehabilitation government, or private funding. Commission and related missions of $20,000,000—Power Distribution • The Denali Commission will give agencies who are parties to the MOU. Construction and Rehabilitation $56,000,000—Energy Cost Reduction priority to funding needs that are most The points of the MOU are: clearly a federal responsibility. • Projects * Sustainability. Federal and State Total for other communities: $207,000,000 • Denali Commission funds will not agencies recognize the importance of be used to create unfair competition Based upon current and projected funding, utilizing sustainability principles when AEA anticipates completing the program of with private enterprise. investing in public infrastructure upgrading projects for communities outside Additional Guiding Principles for projects of AVEC by 2015. Infrastructure: • Regional Strategies. Systematic * Energy Cost Reduction Projects include: • A project should be consistent with planning and coordination on a local, Alternative Energy Projects (Wind $30 a comprehensive community or regional regional and statewide basis are million and Hydro $20 million) and Energy plan. necessary to achieve the most effective Efficiency Upgrades $6 million. • Any organization seeking funding results from investment in Bulk Fuel Storage assistance must have a demonstrated infrastructure, economic development, Need: $362.5 million. commitment to operation and and training. • Annual Funding: $55 to 65 million Denali maintenance of the facility for its design Community Plans. A single Commission Funding. life. This commitment would normally community strategic plan should be Source: AEA Assessment, 2000. include an institutional structure to levy sufficient to identify and establish the Background: The Alaska Energy Authority and collect user fees if necessary, to priorities of each rural community. (AEA) initiated an assessment of bulk fuel

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tank farms in rural Alaska communities in AEA has upgraded 9,500,000 gallons of The four year funding plan for bulk fuel 1996. This assessment was completed in capacity and has projected that 11,000,000 of indicates a need for $50 to $55 million for 2000. In September 2003, staff was requested capacity remain to be upgraded. AVEC has bulk fuel in FY04, and $55 to $65 million a to undertake an analysis of what it would completed 2.5 million gallons of fuel facility year for the following three years, if projects take to complete the bulk fuel program in upgrades and has projected another 15.9 are completed under our current standards four more years of funding for the remaining million gallons remain to be upgraded. The and practices. This aggressive funding plan communities in the AEA assessment. For average project size AEA has undertaken is would result in completion of the known Federal Fiscal Years 1999 through 2003, the decreasing in size from an average of bulk fuel upgrade needs by the end of 2010 Commission allocated $97.5 million to bulk $2,100,000 in 2001 to a projected cost of fuel projects. Thirty three bulk fuel facilities $1,700,000 in 2004. The average cost of Water and Wastewater have been completed with at least partial upgrading since 2001 (including the 2003 Need: Current need: $650 million Commission funding. Another 13 fuel Construction Season) is approximately (FY 02 estimate for Alaska Natives only). facilities are in construction, and 53 projects $15.00 per gallon. It was not anticipated that (Funded Fiscal years 1960–2002: $1.33 have received some level of design funding. this cost would increase over the next few billion) AEA is responsible for 141 projects while the years, however there has recently been a 50% Annual Funding: There are six existing Alaska Village Electric Cooperative (AVEC) increase in the cost of steel, so material costs primary funding sources for developing and has assumed responsibility for 51 are rising. AVEC projects tend to be larger, improving water and wastewater facilities in communities under construction agreements more expensive projects than AEA projects. rural Alaska. Those sources and the amounts between the Commission and AVEC. To date , since they are generally in larger contributed in federal fiscal year 2002 are (including the 2003 construction season), communities. shown below.

U.S. Public Health Service—Indian Health Service ...... $17,863,000 U.S. Environmental Protection Agency Drinking Water Tribal Set-Aside ...... 3,958,200 U.S. Environmental Protection Agency Clean Water Tribal Set-Aside ...... 7,053,100 U.S. Environmental Protection Agency Infrastructure Grant ...... 36,494,500 U.S. Department of Agriculture—Rural Development ...... 23,120,000 State of Alaska, Village Safe Water ...... 19,873,370 Total ...... 108,362,170 While these amounts vary from year to underway in this sector of critical Background: The estimated need for year, the annual average for fiscal years 1997 infrastructure. However, the Commission is ‘‘Other Than’’ Primary Health Facilities through 2002 is $85.7 million. The trend has involved in improving planning and which includes Hospitals, and Behavioral been towards increased funding levels. interagency coordination. Health Facilities comes from the Denali Background: Assistance in developing Commission’s April 16, 2003 White Paper on water and wastewater facilities in rural Primary Health Care Facilities Expanding the Commission’s Primary Care Alaska is provided to communities through Identified Need: $145 Million from the Program which can be found at the following two programs. The Alaska Native Tribal Commission to fully address clinic needs. link: http://www.denali.gov/Health Care/ Health Consortium (ANTHC) is the Annual Funding: Typically $25 to 30 Program_Documents/White Paper—Potential organization responsible for administering million. for Expanding the Denali Commission Indian Health Service, and EPA Indian Set- Source: Annual funding is a mixture of Primary Care Program to Other Types of Aside sanitation construction funds in Health Resources Services Administration Health Care Facilities.pdf Alaska. The Alaska Department of (HRSA) funding and Denali Commission Airport Facilities Environmental Conservation’s Village Safe funding. Water (VSW) program is the organization Background: It is estimated that funding of Need: $1.3 billion. Annual Funding: $65–90 million. responsible for administering sanitation $220 million will be needed in order to Source: Transportation Needs and construction funds provided by the State, address the expected demand for primary EPA (non-Tribal Set-Aside), and the USDA- Priorities in Alaska (November 2002) and care clinics after the FY2004 funding cycle. Rural Development. Transportation Investment Analysis (Spring At current match requirements, the Denali Both ANTHC and VSW work with rural 2002), published by the State of Alaska Commission estimated funding requirement communities to plan design and construct Department of Transportation and Public sanitation systems. ANTHC and VSW have will be $145 million. Facilities (ADOT&PF). developed a close working relationship The Commission has adopted a 7-Year plan Background: Alaska’s extensive aviation despite the relative recent transfer of the for development of primary care clinics system plays a crucial role in the movement sanitation program from IHS to ANTHC in based upon annual funding cycles of $25 to of people and goods throughout the state. In October 1998. The priority funding lists of $30 million. With this sustained funding many parts of rural Alaska, aviation serves as both organizations are coordinated and level the Commission and its partners should the principal link between communities. generally complement each other. ANTHC be able to build or renovate a primary care There are 1,112 designated airports, seaplane predominately works in Alaska communities clinic in every community in Alaska that bases, and aircraft landing areas in the State with Native-owned homes, whereas VSW wants such a facility and can demonstrate of Alaska. The ADOT&PF owns and operates works in all rural communities (Native and that clinic and the services are sustainable for 261 public airports, the majority of Alaska’s non-Native). A lead agency is designated for 30 years. The Commission is beginning Year public airports. 23 public airports are owned each community receiving assistance. Lead 3 of the plan with a goal to discontinue and operated by local governments. agencies typically have responsibility for funding in FY2009 for primary care clinics Nearly all of Alaska’s airport capital administering all State and Federal funding except for expansions due to medical improvements rely on funding from the in the community. equipment upgrades and some renovations. Federal Aviation Trust Fund. This fund, Existing funding streams and programs are supported by Federal taxes on airline tickets, making progress towards satisfying the ‘‘Other Than’’ Primary Health Care Facilities cargo, and fuel, supplies monies for capital overall need for sanitation facilities in rural Identified Need: New Hospitals— improvements through the Airport Alaska. An estimated remaining need of $650 $322,000,000 Expansion of existing Improvement Program (AIP), which is million and a current funding level of $108 Hospitals—$130,000,000 Expansion of authorized for funding on an annual basis. In million combine to suggest a 6-year Behavioral Health Facilities—$62,000,000 recent years, AIP entitlement funds for timeframe for meeting the need. Annual Funding: Typically $6 million. Alaska’s airports varied from approximately The Denali Commission has not targeted Source: Annual funding is a mixture of $65 million to $90 million annually. The water and wastewater improvements as a Health Resources Services Administration State or local sponsor is required to major initiative for infrastructure funding (HRSA) funding and Denali Commission contribute 6.25% in the form of match. The due to the level of funding and effort already Base funding. current AIP authorizing legislation expires on

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September 30, 2003, and at this time, it is within ten miles of the coast or along a major Appendix B: Program Principles unknown what changes Congress may river, Alaska’s marine facilities are integral to Supporting Information incorporate into the AIP legislation. the local, statewide, and international transportation of goods and people. Rural Infrastructure Development Road Construction and Major Maintenance Ports and harbors have no federal capital In the evolution of the Denali Commission Need: $8.6 billion. assistance program comparably to the and its approach to infrastructure Annual Funding: $260–350 million. highway and airport funding programs. development some principles have been Source: Transportation Needs and Federal funds for ports and harbors come established. These include the following: • Priorities in Alaska (November 2002) and through the U.S. Army Corps of Engineers. Selection of infrastructure themes for Transportation Investment Analysis (Spring The Corps distributes funding on a nationally allocating funds. In FY99 rural energy was 2002), published by the State of Alaska competitive, project-by-project basis. State selected as the primary infrastructure theme. Department of Transportation and Public and local communities in Alaska have been That priority was continued in FY00, and is Facilities (ADOT&PF). awarded between $7 and 15 million annually expected to continue in FY01 and beyond. In Background: Improved surface FY00 rural health care facilities were selected in federal funding for all Corps of Engineers transportation can have many positive effects as the second infrastructure theme. Other programs in recent years. For construction, including lowering costs for goods and themes may be selected in future years. the Corps requires between 20 and 35 percent services, improving village to village • Selection of program/project partners to interaction, and allowing for State and match for projects such as dredging basins, carry out infrastructure development. The Federal investments in schools, clinics, docks, floats, grids, and upland facilities. Alaska Energy Authority (AEA) was selected airports, harbors, and tank farms to serve Though not a dedicated funding source, the as the Denali Commission’s first partner for more communities per project. Because of its Marine Users Fuel Tax is the traditional rural energy projects. AEA was selected vast geographic expanse and young age as a foundation of small boat harbor because of its demonstrated capability to state, Alaska continues to require significant improvements in the State, and general prioritize and implement rural energy resources for transportation improvements. obligation bonds have been the foundation of projects. The Alaska Village Electric The list of unmet surface transportation State assisted port development. Cooperative was selected as the second needs in Alaska is about 1,950 projects with energy partner and Alaska Native Tribal Telecommunications a total estimated cost approximating $8.6 Health Consortium was selected as the billion. The primary funding source for Need: Unknown. Commission’s primary partner for clinic surface transportation projects in Alaska is Annual Funding: $15m in FY03 and FY 04 design and construction. The overriding federal-aid highway funding, which flows funding for Regulatory Commission of point in selection of a program/project through the Federal Highway Administration Alaska’s Rural Broadband Internet Grant partner is that the Commission wishes to (FHWA) and the Federal Transit Program. Several other funding support utilize existing capabilities provided by State Administration (FTA). State funds are mechanisms including Universal Service or Federal agencies or other organizations. required to match these Federal funds; for Fund also exist. More than one partner may be identified to most highway projects, the Federal ratio is 91 Background: In January 2001, the Denali participate in carrying out Commission percent. Commission, in partnership with the State of sponsored programs/projects for a particular The State of Alaska administers most of the Alaska, completed an inventory of available theme. • FHWA funding allocated to Alaska with the telecommunication services in rural Alaska. Project selection by the Commission exception of money specifically designated Among other findings, the inventory found and/or the program/project partner must be for the Bureau of Indian Affairs (BIA), which that 61% of all Alaskan communities do not defendable and credible. In the case of AEA, currently amounts to approximately $17 have access to local dial-up Internet service. two separate comprehensive statewide million per year. One important distinction This identified need is being addressed project priority lists had been developed— one for bulk fuel storage facilities, and a between FHWA and BIA funding for roads is through the Regulatory Commission of second for power generation/distribution the long-term maintenance obligation. Under Alaska’s Rural Broadband Internet Grant projects. As in the case of AEA the FHWA, the recipient is responsible for Program, Telecommunications Industry Commission will utilize existing credible maintenance in perpetuity, with no Federal investment resulting in expansion of Internet support for this activity. Under the BIA priority systems. Where a credible statewide offerings in most rural communities in the funding system, such roads are then added to priority methodology for a selected theme next 1–3 years. the Indian Reservation Road system (IRR) does not exist, the Commission in and are eligible for a share of a national pot Solid Waste Disposal Facilities cooperation with appropriate organizations of money allocated to maintenance of IRR will foster the development of a system. This Need: Unknown. roads. is illustrated by the Commission’s efforts in Annual Funding: Generally less than Through the recent TEA–21 era, average partnership with the Alaska Department of $1,000,000. funding levels have been approximately $350 Health and Social Services, the Indian Health million per year, up substantially from the Background: Solid waste disposal is a Service, and the Alaska Native Tribal Health approximately $220 million under ISTEA necessity for all rural Alaska communities as Consortium to develop a prioritization (1991–1997). Most FHWA funding received it is for every community in the country. methodology for primary health care by the State stays in larger auto-dependent Observation would indicate that the majority facilities. communities, with some funding going to of rural Alaska communities do not have • Theme selection is a methodical process. rural communities largely for sanitation facilities that meet basic legal requirements The Commission has stressed the importance roads and trail markings. Funding for for solid waste disposal. The Denali of comprehensive investigation and projects off the road system goes primarily to Commission received $1 million in FY 04 exploration of infrastructure themes so that the larger hub communities. funding from USDA for the development of Commission resources are strategically solid waste facilities in rural Alaska. funneled to ‘‘gaps’’ in State and Federal Port Facilities Development of this innovative program and funding streams. Carrying out needs Need: $300 million. identification of projects is ongoing. assessments on various infrastructure themes Annual Funding: $7 to 15 million. is central to the development of a theme. Community Facilities Source: Transportation Needs and Energy, telecommunications, and rural Priorities in Alaska (November 2002) and Need: Unknown. primary health care facilities are examples of Transportation Investment Analysis (Spring Annual Funding: Unknown. assessments that were initiated in 2002), published by the State of Alaska Background: Communities have a need for conjunction with interested State and Federal Department of Transportation and Public community assembly facilities for various agencies in the Commission’s first year. Facilities (ADOT&PF). purposes, including planning, meetings, • Commission partners are responsible for Background: With over 30,000 miles of traditional functions, and recreation for compliance with procedural and substantive shoreline, relatively few roads, and 90 youth. These facilities, when available, are legal requirements. It is the expectation of the percent of the state’s population living heavily used in rural communities. Denali Commission that partners will comply

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with all applicable local, State and Federal assessment for rural primary care facilities. • The Commission will serve as a catalyst laws in carrying out Commission funded The needs assessment was completed in for identification and removal of unnecessary programs/projects. For example, the partner October 2000 and included a database of economic development barriers by must address NEPA and OSHA regulations, primary health care facility needs statewide government. Federal auditing requirements, competitive as well as a project prioritization In Fiscal Year 2004, a statewide Economic procurement issues and so forth. As a result, methodology. The Commission’s investments Development Committee was established the Commission will look to partners who in rural health facilities is based on this under the authority of the Denali have demonstrated both administrative and needs assessment. Commission. program/project management success. Job Training Strategy • Adherence to the successful project Regional Development Strategy management elements of time, budget and The Commission realizes that proper and The Denali Commission encourages quality. Each of these factors is central to prudent investment in public infrastructure communities/tribes to build a local Denali Commission agreements with must include a component for training local comprehensive plan and strategy, a partners. The Commission wants to put our residents to maintain and operate publicly component of which will be economic partners in a position of success in meeting funded infrastructure. The Commission development. A comprehensive plan may the triple constraint of project management: further realizes that through its investment in also be referred to as a Development Strategy. deliver the project on time, on budget and public infrastructure, such as bulk fuel Communities are encouraged to work with storage facilities, it is creating numerous jobs completion of the full project scope in a cost regional organizations such as ARDOR’s, related to the construction of these facilities effective manner. The challenge to the Regional Non-Profit Corporations, Borough and must develop a strategy to ensure local Commission is to allow sufficient flexibility Governments and Regional for-profit residents are properly trained to receive these for each partner to carry out the programs/ organizations to develop comprehensive jobs. projects within their own established strategies of which economic development The Denali Commission’s Training Strategy methods while assuring confident project will be a component. Regional strategies creates a statewide system to increase the completion and meeting all requirements of should take into consideration existing local employment rates in Alaskan regional planning and strategy efforts applicable laws and regulations. For communities through the development of including, but not limited to, the efforts of example, the AEA employs a project skills necessary to construct, maintain, and the FAA, HUD, Alaska DOT, ANTHC, Alaska methodology that relies heavily on force operate public infrastructure. VSW, State Division of Public Health, Alaska account construction (locally sponsored The Commission has approved 10% of the Department of Public Safety, regional non- government crews). AEA also uses FY00–FY03 funding for implementation of profits and others. construction contracting to a lesser degree. In the Training Strategy. In FY04 the The Denali Commission encourages the short, each agreement with a partner Commission received appropriation direction State to assist with technical support and organization must be tailored to fit their for funding from the U.S. Department of funding at the local and regional level to approach to program/project management. Labor. Through this funding the Commission build local and regional development Rural Energy Approach ensures local residents are employed on public facility construction projects in their strategies. The Denali Commission also AEA has employed a two-step approach to communities, while also protecting the encourages State and Federal governments to bulk fuel project funding that is strongly Denali Commission’s investment in utilize the local and regional development supported by the Commission. Starting at the infrastructure by ensuring local residents are strategies when prioritizing projects in the top of the AEA priority list, projects are properly trained in the operations and state or in a region. provided 35% design funds one or more maintenance of completed facilities. Jeffrey Staser, years before being eligible for capital The Denali Commission’s Training Strategy Federal Co-Chair. funding. This allows for more accurate involves several components that create a project cost estimates, resolution of easement statewide system for job training outreach, [FR Doc. 04–11540 Filed 5–20–04; 8:45 am] and land issues, development of agreements coordination and delivery in rural Alaska. BILLING CODE 3300–01–P between various local parties in site selection The Commission has partnered with several and tank farm ownership/maintenance. This statewide organizations that will perform the step also serves to filter projects that are not necessary functions that make up the Denali ready for construction, for one reason or Commission’s Training Strategy. DEPARTMENT OF EDUCATION another, from advancing to the second step The Training Strategy provides the Denali of project funding. This two-step approach Commission the flexibility for future Submission for OMB Review; ensures that funding does not sit unused by investment in job training needs statewide. Comment Request projects that are not ready for construction. Currently the Commission’s partners and the AGENCY: Once a project has resolved any obstacles at Denali Training Fund are focusing on jobs Department of Education. the 35% design stage, then they are eligible created by the construction of energy and SUMMARY: The Leader, Regulatory for capital funding. health related projects. In the future, the Information Management Group, Office AEA will reevaluate its priority list from Training Strategy will focus its efforts on of the Chief Information Officer invites time to time in order to factor in new other areas where the Commission is comments on the submission for OMB information, particularly information from investing. the statewide energy strategy. This review as required by the Paperwork reevaluation may result in some modification Economic Development Strategy Reduction Act of 1995. of the list. Funding priorities will also be The Denali Commission in not a funding DATES: Interested persons are invited to subject to ‘‘readiness to proceed’’ agency for traditional economic development submit comments on or before June 21, considerations as described in part above. activities. The Commission has a strategy that 2004. outlines the appropriate role of the Rural Primary Care Facilities Approach ADDRESSES: Commission in the area of economic Written comments should In the past, communities constructed development. The strategy includes the be addressed to the Office of clinics based upon available grant funds following components: Information and Regulatory Affairs, (typically community development block • The Commission, where appropriate will Attention: Alice Thaler, Desk Officer, grants of $200,000 to $500,000). play the role of convener, bringing potential Department of Education, Office of Consequently clinic square footage was based economic development participants together Management and Budget, 725 17th upon available funding and not necessarily to support projects that meet Commission Street, NW., Room 10222, New upon health care delivery service appropriate Standards outlined in paragraph IV below. Executive Office Building, Washington, for the population and demographics of the • The Commission will act as a facilitator community. Many clinics are therefore to assist in matching high priority, high DC 20503 or faxed to (202) 395–6974. undersized. In FY99 the Commission potential public or private investment SUPPLEMENTARY INFORMATION: Section allocated $300,000 to undertake a needs opportunities with available funding sources. 3506 of the Paperwork Reduction Act of

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1995 (44 U.S.C. Chapter 35) requires evaluation required under section machine panel, optical scan panel and that the Office of Management and 1304(c)(2) of ESEA. Section 200.88 of provisional vote panel. Budget (OMB) provide interested the regulations clarify that, for purposes FOR FURTHER INFORMATION CONTACT: Federal agencies and the public an early of the MEP, only ‘‘supplemental’’ State Bryan Whitener, Telephone: (202) 566– opportunity to comment on information or local funds that are used for programs 3100. collection requests. OMB may amend or specifically designed to meet the unique waive the requirement for public needs of migratory children can be Paul S. DeGregorio, consultation to the extent that public excluded in terms of determining Commissioner, Election Assistance participation in the approval process compliance with the ‘‘comparability’’ Commission. would defeat the purpose of the and ‘‘supplement, not supplant’’ [FR Doc. 04–11687 Filed 5–19–04; 2:15 pm] information collection, violate State or provisions of the statute. BILLING CODE 6820–01–M Federal law, or substantially interfere Requests for copies of the submission with any agency’s ability to perform its for OMB review; comment request may statutory obligations. The Leader, be accessed from http:// DEPARTMENT OF ENERGY Regulatory Information Management edicsweb.ed.gov, by selecting the Group, Office of the Chief Information ‘‘Browse Pending Collections’’ link and Agency Information Collection Officer, publishes that notice containing by clicking on link number 2481. When Extension proposed information collection you access the information collection, AGENCY: Department of Energy. requests prior to submission of these click on ‘‘Download Attachments ‘‘to ACTION: Submission for Office of requests to OMB. Each proposed view. Written requests for information Management and Budget (OMB) review; information collection, grouped by should be addressed to Department of comment request. office, contains the following: (1) Type Education, 400 Maryland Avenue, SW., of review requested, e.g., new, revision, Potomac Center, 9th Floor, Washington, SUMMARY: The Department of Energy extension, existing or reinstatement; (2) DC 20202–4700. Requests may also be (DOE) has submitted an information Title; (3) Summary of the collection; (4) electronically mailed to the Internet collection package to the OMB for Description of the need for, and address [email protected] or faxed to extension under the provisions of the proposed use of, the information; (5) 202–245–6623. Please specify the Paperwork Reduction Act of 1995. The Respondents and frequency of complete title of the information package requests a three-year extension collection; and (6) Reporting and/or collection when making your request. of its Contractor Legal Management Recordkeeping burden. OMB invites Comments regarding burden and/or Requirements, OMB Control Number public comment. the collection activity requirements 1910–5115. This information collection Dated: May 18, 2004. should be directed to Kathy Axt at her package covers information necessary to Angela C. Arrington, e-mail address [email protected]. aid contractors and DOE personnel in Individuals who use a making determinations regarding the Leader, Regulatory Information Management Group, Office of the Chief Information Officer. telecommunications device for the deaf reasonableness of all outside legal costs, (TDD) may call the Federal Information including the costs of litigation. Office of Elementary and Secondary Relay Service (FIRS) at 1–800–877– DATES: Comments regarding this Education 8339. collection must be received on or before Type of Review: Extension. [FR Doc. 04–11501 Filed 5–20–04; 8:45 am] June 21, 2004. If you anticipate that you Title: Migrant Education Program BILLING CODE 4000–01–P will be submitting comments, but find (MEP) Proposed Regulations, Sections it difficult to do so within the period of 200.83, 200.84, and 200.88. time allowed by this notice, please Frequency: Biennially; One time. ELECTION ASSISTANCE COMMISSION advise the OMB Desk Officer of your Affected Public: State, Local, or Tribal intention to make a submission as soon Gov’t, SEAs or LEAs; individuals or Sunshine Act Notices as possible. The Desk Officer may be household. telephoned at 202–395–7345. Reporting and Recordkeeping Hour AGENCY: Election Assistance ADDRESSES: Written comments should Burden: Commission. be sent to: Responses: 43. Burden Hours: 19,925. DATE AND TIME: Thursday, June 3, 2004, DOE Desk Officer, Office of Abstract: Section 200.83 of the at 9 a.m. Information and Regulatory Affairs, regulations for Title I, Part C establish PLACE: Loyola University, Water Tower Office of Management and Budget, New the minimum requirements an SEA Campus, 25 East Pearson, Chicago, IL Executive Office Building, Room 10102, must meet for development of a 60611, 15th Floor, Kasbeer Hall. 735 17th Street, NW., Washington, DC comprehensive needs assessment and 20503. plan for service delivery as required STATUS: This meeting will be open to the Comments should also be addressed under section 1306(b) of the Elementary public. to: and Secondary Education Act (ESEA), NOTE: Early arrival: Those attending are Lorretta D. Bryant, Acting Director, as amended (Pub. L. 107–110). Section advised to arrive early for registration Records Management Division, IM– 200.84 of the regulations establish the and security check. 11/Germantown Bldg., Office of the minimum requirements the SEA must PURPOSE: To conduct a public hearing to Chief Information Officer, U.S. meet to implement the program identify best practices, problems and Department of Energy, 1000 evaluation required under section transition issues associated with optical Independence Ave., SW., Washington, 1306(b) of the Elementary and scan, punch card, and lever machine DC 20585–1290; or by fax at (301) Secondary Education Act (ESEA), as voting systems and the success and 903–9061, or by e-mail at amended (Pub. L. 107–110). Section problems identified with the use of [email protected]; and to 200.84 of the regulations establish the provisional voting. Anne Broker, GC–12, U.S. Department minimum requirements the SEA must The following witness panels will be of Energy, Office of Dispute meet to implement the program presented: punchcard panel, lever Resolution, 1000 Independence

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Avenue, SW., Washington, DC 20585; SUMMARY: Dynegy Power Marketing, Inc. Counsel, and Steven F. Dalhoff, or by fax at (202) 586–0325, or by e- (DYPM), formerly Electric Director, Regulatory Affairs, Dynegy mail at [email protected]. Clearinghouse, Inc. (ECI), has applied Power Marketing, Inc., 1000 Louisiana, FOR FURTHER INFORMATION CONTACT: for renewal of its authority to transmit Suite 5800, Houston, TX 77002–5050. Lorretta D. Bryant, Acting Director, electric energy from the United States to Copies of this application will be Records Management Division, Office of Mexico pursuant to section 202(e) of the made available, upon request, for public the Chief Information Officer, U.S. Federal Power Act. inspection and copying at the address Department of Energy, 1000 DATES: Comments, protests or requests provided above or by accessing the Independence Ave., SW., Washington, to intervene must be submitted on or Fossil Energy Home Page at http:// DC 20585–1290, (301)–903–2164, or e- before June 7, 2004. www.fe.doe.gov. Upon reaching the mail [email protected]. Also ADDRESSES: Comments, protests or Fossil Energy home page select notify Anne Broker, GC–12, U.S. requests to intervene should be ‘‘Electricity Regulation,’’ and then Department of Energy, Office of Dispute addressed as follows: Office of Coal & ‘‘Pending Proceedings’’ from the options Resolution, 1000 Independence Avenue, Power Import/Export (FE–27), Office of menus. SW., Washington, DC 20585 or by e- Fossil Energy, U.S. Department of Issued in Washington, DC, on May 17, mail at [email protected]. Energy, 1000 Independence Avenue, 2004. SUPPLEMENTARY INFORMATION: This SW., Washington, DC 20585–0350 (FAX Anthony J. Como, package contains: (1) OMB No.: 1910– 202–287–5736). Deputy Director, Electric Power Regulation, 5115; (2) Package Title: Contractor Legal FOR FURTHER INFORMATION CONTACT: Office of Coal & Power Import/Export, Office Management Requirements; (3) Purpose: Xavier Puslowski (Program Office) 202– of Coal & Power Systems, Office of Fossil The collection of this information 586–4708 or Michael Skinker (Program Energy. continues to be necessary to provide a Attorney) 202–586–6667. [FR Doc. 04–11523 Filed 5–20–04; 8:45 am] basis for DOE decisions on requests, SUPPLEMENTARY INFORMATION: On BILLING CODE 6450–01–P from applicable contractors, for February 24, 1997, the Office of Fossil reimbursement of litigation and other Energy (FE) of the Department of Energy legal expenses; (4) Estimated Number of (DOE) authorized ECI to transmit DEPARTMENT OF ENERGY Respondents: 33; (5) Estimated Total electric energy from the United States to Environmental Management Site- Burden Hours: The burden hours for Mexico as a power marketer using the this collection are estimated to be Specific Advisory Board, Oak Ridge international electric transmission Reservation approximately 465 to 570 hours on an facilities of San Diego Gas & Electric annual basis. This estimate is based on Company, El Paso Electric Company, AGENCY: Department of Energy. the estimate that the preparation of the Central Power and Light Company, and ACTION: Notice of open meeting. initial plan is 15–30 hours and that no Comision Federal de Electricidad, the more than 20% of the 33 contractors national electric utility of Mexico. That SUMMARY: This notice announces a will need to submit a legal management two-year authorization expired on meeting of the Environmental plan in any given year. The estimate for February 24, 1999. On June 24, 1999, in Management Site-Specific Advisory the total also includes an estimate of the Order EA–121–A, FE renewed ECI’s Board (EM SSAB), Oak Ridge. The approximately 10 hours for an annual authority to export electric energy to Federal Advisory Committee Act (Pub. budgetary update, which would be Mexico for a 5-year term. That order L. No. 92–463, 86 Stat. 770) requires submitted by all contractors; (6) Number will expire on June 24, 2004. On August that public notice of these meeting be of Collections: The package contains 1 24, 1999, FE was notified that Electric announced in the Federal Register. information and/or recordkeeping Clearinghouse Inc. had changed its DATES: Wednesday, June 9, 2004, 6 p.m. requirement. name to Dynegy Power Marketing Inc. ADDRESSES: DOE Information Center, Statutory Authority: These requirements On May 13, 2004, DYPM applied to 475 Oak Ridge Turnpike, Oak Ridge, are promulgated under authority in section FE for a 5-year renewal of its authority TN. 161 of the Atomic Energy Act of 1954, 42 to export electric energy to Mexico as a U.S.C. 2201; the Department of Energy power marketer and requested FOR FURTHER INFORMATION CONTACT: Pat Organization Act, 42 U.S.C. 7101, et seq.; and expedited processing of its application Halsey, Federal Coordinator, the National Nuclear Security Administration Department of Energy Oak Ridge Act, 50 U.S.C. 2401, et seq. to insure there is no lapse of export authority. Operations Office, P.O. Box 2001, EM– Issued in Washington, DC on May 14, Procedural Matters: Any person 90, Oak Ridge, TN 37831. Phone (865) 2004. desiring to become a party to this 576–4025; Fax (865) 576–5333 or e-mail: Lorretta D. Bryant, proceeding or to be heard by filing [email protected] or check the Web Acting Director, Records Management comments or protests to this application site at www.oakridge.doe.gov/em/ssab. Division, Office of the Chief Information should file a petition to intervene, SUPPLEMENTARY INFORMATION: Purpose of Officer. comment or protest at the address the Board: The purpose of the Board is [FR Doc. 04–11522 Filed 5–20–04; 8:45 am] provided above in accordance with to make recommendations to DOE in the BILLING CODE 6450–01–P §§ 385.211 or 385.214 of the FERC’s areas of environmental restoration, Rules of Practice and Procedures (18 waste management, and related CFR 385.211, 385.214). Fifteen copies of activities. DEPARTMENT OF ENERGY each petition and protest should be filed Tentative Agenda: The meeting [Docket No. EA–121–B] with the DOE on or before the date presentation will focus on the listed above. Stewardship Education Resource Kit. Application To Export Electric Energy; Comments on DYPM request to export The kit is being developed by the Oak Dynegy Power Marketing, Inc. to Mexico should be clearly marked Ridge SSAB’s Stewardship Committee AGENCY: Office of Fossil Energy, DOE. with Docket EA–121–B. Additional to help area educators develop curricula copies are to be filed directly with Betsy on stewardship and environmental ACTION: Notice of application. R. Carr, Sr. Director & Regulatory issues. The kit will feature a notebook

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containing lesson plans, fact sheets, provisions. On April 22, 2004, the 20426, in accordance with rules 211 and presentations, maps, and other Commission accepted Columbia’s 214 of the Commission’s rules of educational materials. Also included proposed revised tariff sheet subject to practice and procedure (18 CFR 385.211 will be a computer disk containing Columbia making certain tariff sheet and 385.214) on or prior to the comment several environmental-related revisions. date below. Protests will be considered documents and a copy of the 40-page Columbia states that copies of its by the Commission in determining the ‘‘Educational Resource Guide,’’ which filing have been mailed to all firm appropriate action to be taken, but will was developed by the SSAB last year. customers, interruptible customers, and not serve to make protestants parties to Public Participation: The meeting is affected State commissions. the proceeding. Any person wishing to open to the public. Written statements Any person desiring to protest said become a party must file a motion to may be filed with the Committee either filing should file a protest with the intervene. All such motions or protests before or after the meeting. Individuals Federal Energy Regulatory Commission, should be filed on or before the who wish to make oral statements 888 First Street, NE., Washington, DC comment date and, to the extent pertaining to agenda items should 20426, in accordance with section applicable, must be served on the contact Pat Halsey at the address or 385.211 of the Commission’s rules and applicant and on any other person telephone number listed above. regulations. All such protests must be designated on the official service list. Requests must be received five days filed in accordance with section 154.210 This filing is available for review at the prior to the meeting and reasonable of the Commission’s regulations. Commission or may be viewed on the provision will be made to include the Protests will be considered by the Commission’s Web site at http:// presentation in the agenda. The Deputy Commission in determining the www.ferc.gov, using the ‘‘e-Library’’ Designated Federal Officer is appropriate action to be taken, but will (FERRIS) link. Enter the docket number empowered to conduct the meeting in a not serve to make protestants parties to excluding the last three digits in the fashion that will facilitate the orderly the proceedings. This filing is available docket number field to access the conduct of business. Each individual for review at the Commission in the document. For assistance, please contact wishing to make public comment will Public Reference Room or may be FERC Online Support at be provided a maximum of five minutes viewed on the Commission’s Web site at [email protected] or toll- to present their comments. http://www.ferc.gov using the eLibrary free at (866) 208–3676, or for TTY, Minutes: Minutes of this meeting will link. Enter the docket number excluding contact (202) 502–8659. Protests and be available for public review and the last three digits in the docket interventions may be filed electronically copying at the Department of Energy’s number field to access the document. via the Internet in lieu of paper; see 18 Information Center at 475 Oak Ridge For assistance, please contact FERC CFR 385.2001(a)(1)(iii) and the Turnpike, Oak Ridge, TN between 8 Online Support at instructions on the Commission’s Web a.m. and 5 p.m. Monday through Friday, [email protected] or toll- site under the ‘‘e-Filing’’ link. The or by writing to Pat Halsey, Department free at (866) 208–3676, or TTY, contact Commission strongly encourages of Energy Oak Ridge Operations Office, (202) 502–8659. The Commission electronic filings. P.O. Box 2001, EM–90, Oak Ridge, TN strongly encourages electronic filings. Comment Date: June 3, 2004. 37831, or by calling her at (865) 576– See 18 CFR 385.2001(a)(1)(iii) and the Magalie R. Salas, 4025. instructions on the Commission’s Web Secretary. Issued at Washington, DC, on May 17, site under the e-Filing link. [FR Doc. E4–1197 Filed 5–20–04; 8:45 am] 2004. Magalie R. Salas, BILLING CODE 6717–01–P Rachel M. Samuel, Secretary. Deputy Advisory Committee Management [FR Doc. E4–1196 Filed 5–20–04; 8:45 am] Officer BILLING CODE 6717–01–P DEPARTMENT OF ENERGY [FR Doc. 04–11521 Filed 5–20–04; 8:45 am] BILLING CODE 6450–01–P Federal Energy Regulatory DEPARTMENT OF ENERGY Commission

DEPARTMENT OF ENERGY Federal Energy Regulatory [Docket No. RP04–226–001] Commission Federal Energy Regulatory [Docket No. CP04–330–000] Columbia Gulf Transmission Commission Company; Notice of Compliance Filing [Docket No. RP04–225–001] Columbia Gas Transmission Corporation; Notice of Application May 13, 2004. Columbia Gas Transmission Take notice that on May 7, 2004, Corporation; Notice of Compliance May 12, 2004. Columbia Gulf Transmission Company Filing Take notice that on May 7, 2004, (Columbia Gulf), tendered for filing as Columbia Gas Transmission Corporation part of its FERC Gas Tariff, Second May 13, 2004. (Columbia) filed an application Revised Volume No. 1, Eighth Revised Take notice that on May 7, 2004, pursuant to section 7(b) of the Natural Sheet No. 145, with a proposed effective Columbia Gas Transmission Corporation Gas Act. Columbia states that it is date of April 22, 2004. (Columbia) tendered for filing as part of seeking authorization to abandon Columbia Gulf states that on March its FERC Gas Tariff, Second Revised certain natural gas storage facilities in 23, 2004, it filed a revised tariff sheet Volume No. 1, Twelfth Revised Sheet its Dundee Storage Field in Steuben regarding its right of first refusal No. 281, a proposed effective date of County, New York. provisions. On April 22, 2004, the April 22, 2004. Any person desiring to intervene or to Commission accepted Columbia Gulf’s Columbia states that on March 23, protest this filing should file with the proposed revised tariff sheet subject to 2004, it filed a revised tariff sheet Federal Energy Regulatory Commission, Columbia Gulf making certain tariff regarding its right of first refusal 888 First Street, NE., Washington, DC sheet revisions.

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Columbia Gulf states that copies of its and file the revised negotiated rate project has not filed an application for filing have been mailed to all firm agreement and supplemental a subsequent license, then it may be customers, interruptible customers, and information. required, pursuant to 18 CFR 16.21(b), affected State commissions. On January 28, 2004, and February 25, to continue project operations until the Any person desiring to protest said 2004, the Commission issued notices Commission issues someone else a filing should file a protest with the extending the date for Gulfstream to file license for the project or otherwise Federal Energy Regulatory Commission, the revised agreement to February 23, orders disposition of the project. 888 First Street, NE., Washington, DC 2004, and March 24, 2004, respectively. If the project is subject to section 15 20426, in accordance with section On March 25, 2004, the Commission of the FPA, notice is hereby given that 385.211 of the Commission’s rules and issued a notice further extending the an annual license for Project No. 2574 regulations. All such protests must be filing date to April 23, 2004. Upon is issued to Merimil Limited Partnership filed in accordance with section 154.210 consideration, notice is hereby given for a period effective May 1, 2004, of the Commission’s regulations. that a further extension of time for through April 30, 2005, or until the Protests will be considered by the Gulfstream to file the revised agreement issuance of a new license for the project Commission in determining the and supplemental information is or other disposition under the FPA, appropriate action to be taken, but will granted to and including May 24, 2004, whichever comes first. If issuance of a not serve to make protestants parties to as requested by Gulfstream. new license (or other disposition) does the proceedings. This filing is available not take place on or before May 1, 2005, Magalie R. Salas, for review at the Commission in the notice is hereby given that, pursuant to Public Reference Room or may be Secretary. 18 CFR 16.18(c), an annual license viewed on the Commission’s Web site at [FR Doc. E4–1195 Filed 5–20–04; 8:45 am] under section 15(a)(1) of the FPA is http://www.ferc.gov using the eLibrary BILLING CODE 6717–01–P renewed automatically without further link. Enter the docket number excluding order or notice by the Commission, the last three digits in the docket unless the Commission orders number field to access the document. DEPARTMENT OF ENERGY otherwise. If the project is not subject to section For assistance, please contact FERC Federal Energy Regulatory 15 of the FPA, notice is hereby given Online Support at Commission [email protected] or toll- that Merimil Limited Partnership is free at (866) 208–3676, or TTY, contact [Project No. 2574] authorized to continue operation of the (202) 502–8659. The Commission Lockwood Project No. 2574 until such strongly encourages electronic filings. Merimil Limited Partnership; Notice of time as the Commission acts on its See 18 CFR 385.2001(a)(1)(iii) and the Authorization for Continued Project application for subsequent license. instructions on the Commission’s Web Operation Magalie R. Salas, site under the e-Filing link. May 13, 2004. Secretary. Magalie R. Salas, On April 29, 2002, Merimil Limited [FR Doc. E4–1188 Filed 5–20–04; 8:45 am] Partnership, licensee for the Lockwood Secretary. BILLING CODE 6717–01–P [FR Doc. E4–1183 Filed 5–20–04; 8:45 am] Project No. 2574, filed an application for a new or subsequent license pursuant to BILLING CODE 6717–01–P the Federal Power Act (FPA) and the DEPARTMENT OF ENERGY Commission’s regulations thereunder. DEPARTMENT OF ENERGY Project No. 2574 is located on the Federal Energy Regulatory Kennebec River in Kennebec County, Commission Federal Energy Regulatory Maine. Commission The license for Project No. 2574 was Notice of Application for Amendment issued for a period ending April 30, of License and Soliciting Comments, [Docket No. RP02–361–017] 2004. Section 15(a)(1) of the FPA, 16 Motions To Intervene, and Protests U.S.C. 808(a)(1), requires the Gulfstream Natural Gas System, L.L.C.; May 13, 2004. Commission, at the expiration of a Notice of Further Extension of Time Take notice that the following license term, to issue from year to year application has been filed with the May 12, 2004. an annual license to the then licensee Commission and is available for public On April 23, 2004, Gulfstream Natural under the terms and conditions of the inspection: prior license until a new license is Gas System, L.L.C. (Gulfstream) filed a a. Application Type: Pulse flow issued, or the project is otherwise motion for a further extension of time to protocol plan. comply with the Commission’s Order disposed of as provided in section 15 or b. Project No.: 2188–097. (Order) issued December 24, 2003, in any other applicable section of the FPA. c. Date Filed: March 19, 2004. the above-docketed proceeding. The If the project’s prior license waived the d. Applicant: PPL Montana, Montana. Commission’s Order directed applicability of section 15 of the FPA, e. Name of Project: Missouri-Madison Gulfstream to revise and re-file the then, based on section 9(b) of the Project. negotiated rate letter agreement with Administrative Procedure Act, 5 U.S.C. f. Location: The project is located on Calpine Energy Services, L.P. (Calpine), 558(c), and as set forth at 18 CFR the Madison and Missouri Rivers in along with supplemental information, 16.21(a), if the licensee of such project Gallatin, Madison, Lewis and Clark, and within 30 days of the date of the Order. has filed an application for a subsequent Cascade Counties, in southwestern The motion states that Gulfstream and license, the licensee may continue to Montana. Calpine have exchanged drafts of the operate the project in accordance with g. Filed Pursuant to: Federal Power revised agreement and anticipate that the terms and conditions of the license Act, 16 U.S.C. 791a–825r. the parties will soon resolve all after the minor or minor part license h. Applicant Contact: John outstanding issues. Gulfstream requests expires, until the Commission acts on VanDaveer, PPL Montana LLC, 45 Basin additional time to address these issues its application. If the licensee of such a Creek Road, Butte, MT 59701–9704.

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i. FERC Contact: Any questions on protests, or motions to intervene must to generate customer input and submit this notice should be addressed to Mr. be received on or before the specified the required information. Eric Gross at (202) 502–6213, or e-mail comment date for the particular Upon consideration, notice is hereby address: [email protected]. application. given that an extension of time for filing j. Deadline for Filing Comments and o. Filing and Service of Responsive supplemental information in response or Motions: June 14, 2004. Documents—Any filings must bear in to the May 3, 2004, Letter Order is k. Description of Request: PPL all capital letters the title granted to and including May 28, 2004, Montana has filed for Commission ‘‘COMMENTS’’, as requested by Tennessee. approval of Pulse Flow Protocol Plan ‘‘RECOMMENDATIONS FOR TERMS Magalie R. Salas, (PFPP) in accordance with Article 413 AND CONDITIONS’’, ‘‘PROTEST’’, OR of the project license. Article 413 ‘‘MOTION TO INTERVENE’’, as Secretary. required the licensee to submit a pulse applicable, and the Project Number of [FR Doc. E4–1194 Filed 5–20–04; 8:45 am] flow monitoring plan, by which the the particular application to which the BILLING CODE 6717–01–P project would be operated and filing refers. All documents (original monitored for three years. The original and eight copies) should be filed with: plan was approved by order on Magalie R. Salas, Secretary, Federal DEPARTMENT OF ENERGY December 7, 2001. The licensee has Energy Regulatory Commission, 888 completed the required three years of Federal Energy Regulatory First Street, NE., Washington, DC 20426. Commission monitoring and has now submitted the A copy of any motion to intervene must PFPP, which calibrates their pulse flow also be served upon each representative [Project No. 2153] predictor model with the three years of of the Applicant specified in the collected thermal data. The licensee particular application. United Water Conservation District; proposes to continue to use the p. Agency Comments—Federal, State, Notice of Authorization for Continued statistical predictor model to regulate and local agencies are invited to file Project Operation pulse flows and collect thermal data, comments on the described application. May 13, 2004. and file an updated PFPP with a A copy of the application may be recalibrated model every five years for On April 30, 2002, United Water obtained by agencies directly from the Conservation District, licensee for the the remainder of the license. Applicant. If an agency does not file l. Locations of Applications: A copy Santa Felicia Project No. 2153, filed an comments within the time specified for application for a new or subsequent of the application is available for filing comments, it will be presumed to inspection and reproduction at the license pursuant to the Federal Power have no comments. One copy of an Act (FPA) and the Commission’s Commission in the Public Reference agency’s comments must also be sent to Room, located at 888 First Street, NE., regulations thereunder. Project No. 2153 the Applicant’s representatives. is located on Piru Creek in Ventura Room 2A, Washington, DC 20426, or by q. Comments, protests and calling (202) 502–8371. This filing may County, California. interventions may be filed electronically The license for Project No. 2153 was also be viewed on the Commission’s via the Internet in lieu of paper. See 18 Web site at http://www.ferc.gov using issued for a period ending April 30, CFR 385.2001(a)(1)(iii) and the 2004. Section 15(a)(1) of the FPA, 16 the ‘‘eLibrary’’ link. Enter the docket instructions on the Commission’s Web number excluding the last three digits in U.S.C. 808(a)(1), requires the site at http://www.ferc.gov under the the docket number field to access the Commission, at the expiration of a ‘‘e-Filing’’ link. document. You may also register online license term, to issue from year to year at http://www.ferc.gov/docs-filing/ Magalie R. Salas, an annual license to the then licensee esubscription.asp to be notified via Secretary. under the terms and conditions of the email of new filings and issuances [FR Doc. E4–1187 Filed 5–20–04; 8:45 am] prior license until a new license is issued, or the project is otherwise related to this or other pending projects. BILLING CODE 6717–01–P For assistance, call toll-free 1–866–208– disposed of as provided in section 15 or 3676 or e-mail any other applicable section of the FPA. [email protected]. For TTY, DEPARTMENT OF ENERGY If the project’s prior license waived the call (202) 502–8659. A copy is also applicability of section 15 of the FPA, available for inspection and Federal Energy Regulatory then, based on section 9(b) of the reproduction at the address in item (h) Commission Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR above. [Docket No. RP02–114–005] m. Individuals desiring to be included 16.21(a), if the licensee of such project on the Commission’s mailing list should Tennessee Gas Pipeline Company; has filed an application for a subsequent so indicate by writing to the Secretary Notice of Extension of Time license, the licensee may continue to of the Commission. operate the project in accordance with n. Comments, Protests, or Motions to May 12, 2004. the terms and conditions of the license Intervene—Anyone may submit On May 11, 2004, Tennessee Gas after the minor or minor part license comments, a protest, or a motion to Pipeline Company (Tennessee) filed a expires, until the Commission acts on intervene in accordance with the motion for an extension of time to file its application. If the licensee of such a requirements of rules of practice and supplemental information in response project has not filed an application for procedure, 18 CFR 385.210, .211, .214. to a letter order issued May 3, 2004, in a subsequent license, then it may be In determining the appropriate action to the above-docketed proceeding, by the required, pursuant to 18 CFR 16.21(b), take, the Commission will consider all Director, Division of Tariffs and Market to continue project operations until the protests or other comments filed, but Development-East. In support of this Commission issues someone else a only those who file a motion to request, the motion states that license for the project or otherwise intervene in accordance with the Tennessee is working diligently to orders disposition of the project. Commission’s rules may become a party respond to the questions raised in the If the project is subject to section 15 to the proceeding. Any comments, letter order and requires additional time of the FPA, notice is hereby given that

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an annual license for Project No. 2153 eligible facilities and selling electric Procedures (LGIP) and a revised Large is issued to United Water Conservation energy at wholesale. Generator Interconnection Agreement District for a period effective May 1, Indeck Maine states that copies of the (LGIA) in compliance with Virginia 2004, through April 30, 2005, or until application have been served on the Electric & Power Company, 107 FERC ¶ the issuance of a new license for the Maine Public Utility Commission and 61,010 (2004) and Order No. 2003–A. project or other disposition under the the Securities and Exchange Dominion Virginia Power requests that FPA, whichever comes first. If issuance Commission. the Commission allow the revised LGIA of a new license (or other disposition) Comment Date: May 26, 2004. and LGIP to become effective April 26, does not take place on or before May 1, 2004. 2. Entergy-Koch Trading, LP 2005, notice is hereby given that, Dominion Virginia Power states that pursuant to 18 CFR 16.18(c), an annual [Docket No. ER01–2781–006] copies of the filing were served upon license under section 15(a)(1) of the Take notice that on April 23, 2004, the official service list in this FPA is renewed automatically without Entergy-Koch Trading, LP (EKT) filed a proceeding, the Virginia State further order or notice by the document informing the Commission of Corporation Commission and the North Commission, unless the Commission a non-material change in the Carolina Utilities Commission. orders otherwise. characteristics that the Commission Comment Date: June 1, 2004. If the project is not subject to section relied upon in granting EKT market- 6. Virginia Electric and Power 15 of the FPA, notice is hereby given based rate authorization under section Company that United Water Conservation District 205 of the Federal Power Act. is authorized to continue operation of Comment Date: May 21, 2004. [Docket No. ER04–558–001] the Santa Felicia Project No. 2153 until Take notice that, on May 7, 2004, 3. Westar Energy, Inc. such time as the Commission acts on its Virginia Electric and Power Company application for subsequent license. [Docket No. ER02–2516–001] (Dominion North Carolina Power) submitted a compliance filing pursuant Magalie R. Salas, Take notice that on May 10, 2004, Westar Energy, Inc. (Westar) submitted to the Commission’s letter order issued Secretary. a compliance filing to convert certain of April 7, 2004, in Docket No. ER04–558– [FR Doc. E4–1186 Filed 5–20–04; 8:45 am] its non-conforming rate schedules to 000. BILLING CODE 6717–01–P Order No. 614 format and reflect the Dominion North Carolina Power corporate name change to Westar. states that copies of the filing were Westar states that a copy of this filing served upon the Power Agency and the DEPARTMENT OF ENERGY was served upon the Kansas official service list in the above- Federal Energy Regulatory Corporation Commission and the captioned proceeding. Commission affected customers. Comment Date: May 28, 2004. Comment Date: June 1, 2004. 7. PPL Electric Utilities Corporation [Docket No. EG04–66–000, et al.] 4. Pacific Gas and Electric Company [Docket No. ER04–575–001] Indeck Maine Energy, L.L.C., et al.; [Docket No. ER04–141–001] Take notice that on May 7, 2004, PPL Electric Rate and Corporate Filings Take notice that on May 11, 2004, Electric Utilities Corporation (PPL Pacific Gas and Electric Company Electric) filed a Service Agreement May 13, 2004. (PG&E) submitted an amendment to the under the PJM Open Access The following filings have been made rate revision filing PG&E submitted on Transmission Tariff between PPL with the Commission. The filings are October 31, 2003, in Docket No. ER04– Electric and Baltimore Gas and Electric listed in ascending order within each 141–000. PG&E states that the filing Company (BG&E) in compliance with docket classification. includes rate schedule sheet revisions to the Commission’s letter order issued the Reliability Must-Run Service April 22, 2004, in Docket No. ER04– 1. Indeck Maine Energy, L.L.C. Agreement between PG&E and the 575–000 conditionally accepting the [Docket No. EG04–66–000] California Independent System Operator Agreement pending proper tariff Take notice that on May 5, 2004, Corporation (ISO) for Humboldt Bay designations in accordance with Order Indeck Maine Energy, L.L.C. (Indeck Power Plant. PG&E requests an effective No. 614. Maine), an Illinois limited liability date of June 1, 2004. PPL Electric states that a copy of this company, with its principal executive PG&E states that copies of PG&E’s filing has been provided to BG&E. office at 947 Linwood Avenue, filing have been served upon the ISO, Comment Date: May 28, 2004. the California Electricity Oversight Ridgewood, New Jersey 07450–2811, 8. EnergyWindow, Inc. filed with the Federal Energy Regulatory Board, and the California Public Commission (Commission) an Utilities Commission. [Docket No. ER04–584–002] application for determination of exempt Comment Date: June 1, 2004. Take notice that on May 4, 2004, wholesale generator status pursuant to 5. Virginia Electric and Power EnergyWindow, Inc. (EnergyWindow) part 365 of the Commission’s Company filed supplemental information regulations and section 32 of the Public regarding its February 19, 2004, and Utility Holding Company Act of 1935, [Docket No. ER04–549–002] April 19, 2004, filings in Docket Nos. as amended. Take notice that on May 10, 2004, ER04–584–000 and 001 requesting Indeck Maine states that its facilities Virginia Electric and Power Company, Commission acceptance of consists of two steam generators doing business as Dominion Virginia EnergyWindow’s Rate Schedule FERC producing approximately 54 MW (gross) Power, tendered for filing Attachment O No. 1; the granting of certain blanket of electric capacity located in Maine. to its open-access transmission tariff, approvals, including the authority to Indeck Maine further states that it will FERC Electric Tariff, Second Revised sell electricity at market-based rates; be engaged directly and exclusively in Volume No. 5 (OATT), containing and the waiver of certain Commission the business of owning and operating revised Large Generator Interconnection regulations.

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Comment Date: May 25, 2004. MPS state that copies of this filing date for the filing of the LGIA and LGIP were served upon WPS, the Maine and a May 1, 2004, effective date for the 9. Midwest Independent Transmission Public Service Commission, and the revised interchange rate schedule sheets System Operator, Inc. Maine Office of Public Advocate. and updated loss factors. [Docket No. ER04–738–001] Comment Date: May 28, 2004. Florida Power states that copies of the Take notice that on May 7, 2004, the filing letter (which identifies the 12. GenWest LLC Midwest Independent Transmission updated charges) have been served on System Operator, Inc. (Midwest ISO) [Docket No. ER04–820–000] the counter-parties to the interchange supplemented its April 15, 2004, Notice Take notice that on May 7, 2004, service agreements and the interested of Succession of Certain Transmission GenWest LLC (GenWest) tendered for state utility commissions. Florida Power Service Agreements and Network filing, pursuant to section 205 of the further states that the entire submittal Integration Transmission Service and Federal Power Act, Original Rate has been posted on the Florida Power Operating Agreements entered into by Schedule No. 2, a Co-Tenancy and Carolina Power & Light Company and between Ameren Services Agreement between GenWest and Web site at: http://www.progress- Company, as agent for its electric utility Southern Nevada Water Authority energy.com. affiliates, Union Electric Company d/b/ (SNWA). Comment Date: May 28, 2004. a AmerenUE and Central Illinois Public GenWest states that copies of this 14. PECO Energy Company Service Company d/b/a AmerenCIPS filing have been served upon SNWA (Ameren) and various transmission and the Public Utilities Commission of [Docket No. ER04–824–000] customers. Midwest ISO has requested Nevada. Take notice that on May 7, 2004, an effective date of May 1, 2004. Comment Date: May 28, 2004. PECO Energy Company (PECO Energy) The Midwest ISO states that it has tendered for filing revised pages of its served a copy of this filing upon the 13. Black Hills Power, Inc., Basin interconnection agreement with Exelon affected customers and has Electric Power Cooperative, and Generation Company, LLC, to reflect electronically served a copy of this Powder River Energy Corporation revised points of interconnection for filing, with attachments, upon all [Docket No. ER04–821–000] Richmond Generating Station. PECO Midwest ISO Members, Member Take notice that on May 7, 2004, Energy requests that the Commission representatives of Transmission Owners Black Hills Power, Inc., (Black Hills accept the revised pages of the and Non-Transmission Owners, the Power) Basin Electric Power Interconnection Agreement for filing Midwest ISO Advisory Committee Cooperative, and Powder River Energy effective as of May 10, 2004. participants, as well as all State Comment Date: May 28, 2004. commissions within the region. In Corporation (collectively, Tranmission addition, Midwest states that the filing Providers) filed as part of their joint 15. PECO Energy Company open access transmission tariff the Large has been electronically posted on the [Docket No. ER04–825–000] Midwest ISO’s Web site at http:// Generator Interconnection Procedures Take notice that on May 7, 2004, www.midwestiso.org under the heading and Large Generator Interconnection PECO Energy Company (PECO Energy) ‘‘Filings to FERC’’ for other interested Agreement, each as promulgated in tendered for filing revised pages of its parties in this matter. Midwest ISO also Order No. 2003–A. Joint Providers interconnection agreement with Exelon states that it will provide hard copies to request an effective date of April 26, Generation Company, LLC, to reflect any interested parties upon request. 2004. Comment Date: May 28, 2004. Comment Date: May 28, 2004. revised points of interconnection for Schuylkill Generating Station. PECO 10. South Carolina Electric & Gas 13. Florida Power Corporation Energy requests that the Commission Company [Docket Nos. ER04–822–000 and ER04–823– accept the revised pages of the [Docket No. ER04–764–001] 000] Interconnection Agreement for filing Take notice that on May 10, 2004, Take notice that on May 7, 2004, effective as of May 10, 2004. South Carolina Electric & Gas Company Florida Power Corporation, doing Comment Date: May 28, 2004. (SCE&G) filed with the Commission a business as Progress Energy Florida 16. Nxegen, Inc. supplemental filing proposing revisions (Florida Power) tendered for filing cost to its open access transmission-tariff support updates for its interchange [Docket No. ER04–826–000] (OATT) in order to incorporate certain service agreements pursuant to part 35 Take notice that on May 10, 2004, revisions to the Large Generator of the Commission’s regulations. Florida Nxegen, Inc. (Nxegen) filed two Interconnection Procedures (LGIP). Power also filed revised rate schedule Agreements for Supplemental Installed SCE&G states that the supplemental sheets incorporating necessary rate Capacity Southwest Connecticut filing includes the entire LGIP and Large changes reflecting the cost updates. between ISO New England, Inc. (ISO– Generator Interconnection Agreement as Florida Power states that the filing also NE) and Nxegen in compliance with the part of its OATT. updates the Real Power Loss Factors in Commission’s order issued February 27, Comment Date: June 1, 2004. the Open Access Transmission Tariffs 2004, in Docket No. ER04–335–000, (OATTs) of Florida Power and Carolina New England Power Pool, 106 FERC 11. Maine Public Service Company Power and Light Company (CP&L). In 61,190 (2004). Nxegen requests action [Docket No. ER04–819–000] addition, consistent with Order No. by May 10, 2004. Take notice that on April 30, 2004, 2003–A, Florida Power and CP&L are Nxegen states that copies of the filing Maine Public Service Company (MPS) filing Attachment P to the joint OATT were served on the ISO–NE. submitted for filing an executed to add the large generator Comment Date: June 1, 2004. interconnection agreement between interconnection procedures (LGIP) and 17. Tampa Electric Company MPS and WPS New England large generator interconnection Generation, Inc. (WPS). MPS requests an agreement (LGIA) that were proposed in [Docket No. ER04–827–000] effective date of April 1, 2004, for the Order No. 2003–A. Florida Power Take notice that on May 10, 2004, agreement. requests an April 26, 2004, effective Tampa Electric Company (Tampa

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Electric) tendered for filing a notice of revisions to the Commission’s Standard 24. Virginia Electric and Power cancellation of the service agreement Large Generator Interconnection Company with Reliant Energy Services, Inc. Procedures (LGIP) to incorporate [Docket No. ER04–834–000] (Reliant) under Tampa Electric’s Entergy’s deliverability test for Network Market-Based Sales Tariff. Tampa Resource Interconnection Service Take notice that on May 11, 2004, Electric proposes that the cancellation resources. Entergy also included its Virginia Electric and Power Company be made effective on July 10, 2004. ministerial filing of the LGIP and (Dominion) submitted amendments to Tampa Electric states that copies of Standard Large Generator its market-based rate tariffs to eliminate the filing have been served on Reliant Interconnection Agreement pursuant to the restriction on sales within and the Florida Public Service Order No. 2003–A, Standardization of Dominion’s service territory, effective Commission. Generator Interconnection Agreements on the date that Dominion integrates its Comment Date: June 1, 2004. and Procedures, 106 FERC ¶ 61,220 transmission facilities into the PJM (2004). Interconnection, L.L.C. 18. Pacific Gas and Electric Company Comment Date: June 1, 2004. Dominion states that it is serving a [Docket No. ER04–828–000] complete copy of the filing on the 21. Calpine Newark, LLC Take notice that on May 11, 2004, Virginia and North Carolina State public Pacific Gas and Electric Company [Docket No. ER04–831–000] utility commissions and on all (PG&E) tendered for filing the Special Take notice that on May 11, 2004, customers under the two Dominion Facilities Agreement for the Newark Calpine Newark, LLC (the Applicant) market-based rate tariffs. In addition, Substation Circuit Breaker 460 and 470 tendered for filing, under section 205 of Dominion states that the entire filing is Breaker Replacement (SFA) between the Federal Power Act (FPA), a request being posted on the PJM South Web site. PG&E and Silicon Valley Power (SVP). for authorization to make wholesale Comment Date: June 1, 2004. PG&E requests that the Commission sales of electric energy, capacity, 25. California Independent System make the SFA effective no later than replacement reserves, and ancillary Operator Corporation May 18, 2004. services at market-based rates, to PG&E states that copies of this filing reassign transmission capacity, and to [Docket No. ER04–835–000 were served upon SVP, the California resell firm transmission rights. Take notice that the California Independent System Operator, and the Comment Date: June 1, 2004. California Public Utilities Commission. Independent System Operator Comment Date: June 1, 2004. 22. Calpine Parlin, LLC Corporation (ISO) tendered for filing Amendment No. 60 to the ISO Tariff, for 19. PJM Interconnection, L.L.C., [Docket No. ER04–832–000] acceptance by the Commission. The ISO Virginia Electric and Power Company Take notice that on May 11, 2004, states that the purposes of Amendment [Docket No. ER04–829–000] Calpine Parlin, LLC (Parlin) filed an No. 60 are to (1) propose the use of a amendment to its FERC Rate Schedule Take notice that on May 11, 2004, Security-Constrained Unit Commitment No. 2 to permit the sale of replacement PJM Interconnection, L.L.C. (PJM) and (SCUC) application to minimize must- reserves and ancillary services, the Virginia Electric and Power Company offer commitment costs; (2) revise the reassignment of transmission capacity (Dominion) jointly submitted a filing gas cost proxy used in the Minimum and the resale of firm transmission containing documents to establish PJM Load Cost Compensation (MLCC) rights. as the Regional Transmission payment and Start-Up payments; (3) Organization (RTO) for Dominion Comment Date: June 1, 2004. include auxiliary power as a recoverable Start-Up cost; (4) eliminate the current pursuant to an arrangement known as 23. Southwest Power Pool, Inc. ‘‘PJM South.’’ PJM and Dominion practice of rescinding MLCC payments propose an effective date of the later to [Docket No. ER04–833–000] when a unit provides Ancillary occur of November 1, 2004, and a date Take notice that on May 11, 2004, Services; (5) revise the timing of the to be determined shortly after the date Southwest Power Pool, Inc. (SPP) must-offer waiver denial process to on which Dominion receives all submitted to the Commission a revision facilitate bidding into the Day-Ahead necessary regulatory approvals to join to its regional Open Access Ancillary Services markets; (6) clarify PJM. Transmission Tariff (OATT) to provide Self-Commitment and its implications PJM and Dominion state that a copy for an experimental Transmission on MLCC payment; (7) revise how of this filing was served on all State Service Prepayment procedure. SPP MLCC costs are allocated; and (8) public utility commissions having states that the experimental program is establish a framework for using jurisdiction over Dominion or over any to remain in place for one year, unless Condition 2 RMR Units outside of the of the existing PJM transmission extended by further authorization of the Reliability Must-Run (RMR) Contract. owners, on all PJM members, and on Commission. SPP requests an effective The ISO states that it has served Dominion’s transmission customers, in date of July 1, 2004, for this program so copies of this letter, and all attachments, addition to being posted on the PJM and that it will be in effect for the period of on the California Public Utilities PJM South websites. July 1, 2004, through June 30, 2005. Commission, the California Energy Comment Date: June 1, 2004. SPP states that it has served a copy of Commission, the California Electricity its transmittal letter on each of its Oversight Board, on all parties with 20. Entergy Services, Inc. Members and Customers, as well as on effective Scheduling Coordinator [Docket No. ER04–830–000] all generators in existing generation Service Agreements under the ISO Take notice that on May 11, 2004, queue. SPP further states that a Tariff, and on all parties on the official Entergy Services, Inc., (Entergy) on complete copy of this filing will be service list for Docket Nos. EL00–95 and behalf of Entergy Arkansas, Inc., Entergy posted on the SPP Web site http:// EL00–98. In addition, the ISO states that Gulf States, Inc., Entergy Louisiana, Inc., www.spp.org, and is also being served it is posting this transmittal letter and Entergy Mississippi, Inc., and Entergy on all affected State commissions. all attachments on the ISO home page. New Orleans, Inc., filed proposed Comment Date: June 1, 2004. Comment Date: June 1, 2004.

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26. Total Gas & Electricity, Inc. This filing is available for review at the sell electric energy at wholesale from [Docket No. ER04–836–000] Commission or may be viewed on the the facility and may engage in other Commission’s Web site at http:// incidental activities with respect thereto Take notice that on May 12, 2004, www.ferc.gov, using the ‘‘FERRIS’’ link. consistent with PUHCA. Total Gas & Electricity, Inc. (TG&E) filed Enter the docket number excluding the Comment Date: May 28, 2004. a notice of succession of TG&E’s FERC last three digits in the docket number Rate Schedule No. 1 to MxEnergy 2. Ivanpah Energy Center, L.P. filed to access the document. For Electric Inc., effective March 31, 2004. assistance, call (202) 502–8222 or TTY, [Docket No. EG04–68–000] Comment Date: June 2, 2004. (202) 502–8659. Protests and On May 10, 2004, Ivanpah Energy 27. Total Gas & Electricity (PA), Inc. interventions may be filed electronically Center, L.P. (IECLP), a Delaware limited [Docket No. ER04–837–000] via the Internet in lieu of paper; see 18 liability partnership, with its principal CFR 385.2001(a)(1)(iii) and the place of business at 333 S. Grand Take notice that on May 12, 2004, instructions on the Commission’s Web Avenue, Suite 1570, Los Angeles, CA Total Gas & Electricity (PA), Inc. (TG&E site under the ‘‘e-Filing’’ link. The 90071, filed with the Federal Energy PA) filed a notice of succession of TG&E Commission strongly encourages Regulatory Commission (Commission) PA’s FERC Rate Schedule No. 1 to electronic filings. an application for determination of MXEnergy Electric Inc., effective March exempt wholesale generator (EWG) 31, 2004. Magalie R. Salas, status pursuant to part 365 of the Comment Date: June 2, 2004. Secretary Commission’s regulations. 28. Consumers Energy Company [FR Doc. E4–1182 Filed 5–20–04; 8:45 am] IECLP states that it will be engaged BILLING CODE 6717–01–P [Docket No. ES04–31–000] directly and exclusively in the business of owning or operating, or both owning Take notice that on May 10, 2004, and operating, a 500 MW gas-fired Consumers Energy Company submitted DEPARTMENT OF ENERGY combined cycle power generation an application pursuant to section 204 facility located near Jean, in Clark of the Federal Power Act requesting that Federal Energy Regulatory County, Nevada. IECLP further states the Commission authorize the issuance Commission that it will sell the capacity exclusively of secured and unsecured short-term [Docket No. EG04–67–000, et al.] at wholesale. securities in an amount not to exceed IECLP indicates that a copy of the $2.2 billion. Meiya Yulchon Power Company Comment Date: June 2, 2004. filing was served upon the Securities Limited, et al.; Electric Rate and and Exchange Commission, and the 29. Consumers Energy Company Corporate Filings Nevada Public Utilities Commission. [Docket No. ES04–32–000] May 11, 2004. Comment Date: June 1, 2004. Take notice that on May 10, 2004, The following filings have been made 3. Colorado River Commission of Consumers Energy Company with the Commission. The filings are Nevada, Complainant v. Nevada Power (Consumers) submitted an application listed in ascending order within each Company, Respondent pursuant to section 204 of the Federal docket classification. [Docket No. EL04–100–000] Power Act requesting that the 1. Meiya Yulchon Power Company Take notice that on May 10, 2004, the Commission authorize the issuance of Limited secured and unsecured long-term Colorado River Commission of Nevada securities in an amount not to exceed [Docket No. EG04–67–000] (CRC) filed a formal complaint against $5.0 billion. On May 7, 2004, Meiya Yulchon Nevada Power Company (NPC) pursuant Consumers also requests a waiver Power Company Limited (MYP), with to sections 206, 306 and 309 of the from the Commission’s competitive its principal office at 171 Old Bakery Federal Power Act, 16 U.S.C. 824e, 825e bidding and negotiated placement Street, Valletta, Malta, filed with the and 825h (2000), and rule 206 of the requirements at 18 CFR 34.2. Federal Energy Regulatory Commission Federal Energy Regulatory Comment Date: June 2, 2004. (Commission) an application for Commission’s rules of practice and determination of exempt wholesale procedure, 18 CFR 385.206 (2003), for Standard Paragraph generator status pursuant to part 365 of amounts CRC alleges are due to CRC for Any person desiring to intervene or to the Commission’s regulations. positive imbalance energy that NPC protest this filing should file with the MYP states that it is a company either unlawfully confiscated or Federal Energy Regulatory Commission, organized under the laws of Malta. MYP underpaid in contravention of the filed 888 First Street, NE., Washington, DC further states that it will be engaged, rate encompassed within its Electric 20426, in accordance with rules 211 and directly or indirectly through an affiliate Service Coordination Tariff 214 of the Commission’s rules of as defined in section 2(a)(11)(B) of the (Coordination Tariff) and unfiled letter practice and procedure (18 CFR 385.211 Public Utility Holding Company Act of agreements entered into pursuant to the and 385.214). Protests will be 1935 (‘‘PUHCA’’), exclusively in Coordination Tariff. CRC further alleges considered by the Commission in owning, operating, or both owning and that NPC owes it time value refunds for determining the appropriate action to be operating, a gas-fired electric generating FERC-jurisdictional energy parking taken, but will not serve to make facility with a total output of services NPC provided to CRC pursuant protestants parties to the proceeding. approximately 612 megawatts consisting to unfilled agreements. Any person wishing to become a party of two combustion turbine generators, Comment Date: June 1, 2004. must file a motion to intervene. All such two reheat heat recovery steam 4. PacifiCorp motions or protests should be filed on generators, one condensing steam or before the comment date, and, to the turbine generator and certain additional [Docket No. ER04–439–001] extent applicable, must be served on the incidental facilities, located in Yulchon, Take notice that on May 5, 2004, applicant and on any other person Cholla province, South Korea. MYP PacifiCorp submitted a compliance designated on the official service list. indicates that it will through an affiliate filing pursuant to the Commission’s

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letter order issued March 19, 2004, in 8. PJM Interconnection, L.L.C. of the Federal Columbia River Docket No. ER04–439–000. [Docket No. ER04–796–001] Transmission System operated by Bonneville. PacifiCorp states that copies of this Take notice that on May 5, 2004, PJM TACG states that it has served a copy filing were supplied to the parties on Interconnection, L.L.C. (PJM), amended the service list under Docket No. ER04– of the filing upon Bonneville. its April 30, 2004, filing in Docket No. Comment Date: May 24, 2004. 439–000 including the Public Utility ER04–796–000 to include the Commission of Oregon, and the appropriate Order No. 614 designations 12. Duke Energy Marketing America, Washington Utilities and Transportation on an unexecuted service agreement for LLC Commission. non-firm point-to-point transmission [Docket No. ER04–811–000] service with Exelon Generation Comment Date: May 26, 2004. Take notice that on May 4, 2004, Duke Company, L.L.C. (ExGen), for use solely Energy Marketing America, LLC 5. Tucson Electric Power Company and in connection with a dynamic schedule, (DEMA), as successor to Engage Energy, UNS Electric, Inc. in an amount not to exceed 35 MW, to LLC (Engage) filed a Notice of [Docket No. ER04–460–001] the Hannibal, Ohio facility of Ormet Cancellation of Engage’s Electric Rate Primary Aluminum Corporation. PJM Schedule FERC No. 1. DEMA requests Take notice that on May 5, 2004, states that no other changes were made an effective date of May 1, 2004. Tucson Electric Power Company and to the service agreement. UNS Electric, Inc., in response to the PJM states that copies of this filing Comment Date: May 25, 2004. Commission’s April 20, 2004 deficiency were served to ExGen and the state 13. Duke Energy Corporation letter, filed an amendment to its January commissions in the PJM region. 20, 2004, in Docket No. ER04–460–000. Comment Date: May 26, 2004. [Docket No. ER04–812–000] Comment Date: May 26, 2004. Take notice that on May 3, 2004, Duke 9. Ameren Services Company Energy Corporation, on behalf of Duke 6. Entergy Services, Inc. [Docket No. ER04–803–000] Electric Transmission, tendered for [Docket No. ER04–763–001] Take notice that on May 3, 2004, filing in compliance with Order No. 2003–A, Standardization of Generator Take notice that on May 5, 2004, Ameren Services Company (ASC) tendered for filing an executed Network Interconnection Agreements and Entergy Services, Inc., on behalf of Procedures, 106 FERC ¶ 61,220 (2004), Entergy Arkansas, Inc., Entergy Gulf Integration Transmission Service and a Network Operating Agreement between its revised Open Access Transmission States, Inc., Entergy Louisiana, Inc., Tariff (OATT), FERC Electric Tariff Entergy Mississippi, Inc., and Entergy ASC and Wayne-White Counties Electric Cooperative. ASC requests an Third Revised Volume No. 4. New Orleans, Inc. (collectively, the Comment Date: May 24, 2004. Entergy Operating Companies), tendered effective date of April 1, 2004. Comment Date: May 24, 2004. for filing an errata to its April 26, 2004, 14. Vermont Electric Cooperative, Inc. filing of proposed regional reliability 10. Denver City Energy Associates, L.P. [Docket No. ER04–813–000] variations to the Large Generator [Docket No. ER04–809–000] Take notice that on May 4, 2004, Interconnection Procedures Take notice that on May 3, 2004, Vermont Electric Cooperative, Inc. accompanying Order No. 2003–A, Denver City Energy Associates, L.P. (VEC) tendered for filing as Service Standardization of Generator (DCE), tendered for filing revisions to its Agreement No. 14 under VEC’s FERC Interconnection Agreements and FERC Electric Tariff, Original Volume Electric Tariff, Original Volume No. 1, a Procedures, 106 FERC ¶ 61,220 (2004). No. 1 in order to reflect the fact that small generator interconnection Entergy Operating Companies states that DCE is no longer affiliated with any agreement with Great Bay Hydro the errata identifies certain tariff sheets regulated utility with a franchised Corporation (Great Bay). VEC requests that were inadvertently included in service territory and to include the an effective date of April 1, 2004. Entergy’s April 26, 2004, filing. standard provision governing VEC states that representatives of Comment Date: May 26, 2004. reassignment of transmission capacity. Great Bay, Citizens Communication Company, the Vermont Public Service 7. Vermont Electric Cooperative, Inc. DCE requests an effective date of July 2, 2004. Board, and the Vermont Department of [Docket No. ER04–794–000] DCE states that a copy of the filing Public Service were mailed copies of the Take notice that on May 3, 2004, was served on Golden Spread Electric filing. Vermont Electric Cooperative, Inc. Cooperative, Inc., which is currently Comment Date: May 25, 2004. (VEC) tendered for filing its annual DCE’s only customer. 15. New England Power Company formula rate update to its FERC Electric Comment Date: May 24, 2004. [Docket No. ER04–814–000] Tariff, Original Volume No. 1 and its 11. TransAlta Centralia Generation Take notice that on May 4, 2003, New First Revised Rate Schedule FERC Nos. L.L.C. 4 through 7. VEC requests effective England Power Company (NEP) [Docket No. ER04–810–000] dates for its annual update of May 1, submitted for filing First Revised 2004, June 1, 2004, and July 1, 2004, Take notice that on May 3, 2004, Service Agreement No. 35 between NEP pursuant to the applicable provisions of TransAlta Centralia Generation L.L.C. and Central Vermont Public Service the Tariff and the Rate Schedules. (TACG) tendered for filing its Rate Corporation (CVPS) under NEP’s open Schedule FERC No.1 for Reactive access transmission tariff, New England VEC states that each of the customers Supply and Voltage Control from Power Company, FERC Electric Tariff, receiving service under the Tariff and Generation Sources Services (Reactive Second Revised Volume No. 9. NEP Rate Schedules, the Vermont Public Power Service), in order to obtain requests an effective date of April 29, Service Board, and the Vermont compensation for the Reactive Power 2004. Department of Public Service were Service that TACG provides to NEP states that copies of the filing mailed copies of the filing. Bonneville Power Administration were served on CVPS and state Comment Date: May 24, 2004. (Bonneville) to maintain the reliability regulators in Vermont.

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Comment Date: May 25, 2004. taken, but will not serve to make 2A, Washington, DC 20426. The EA may protestants parties to the proceeding. also be viewed on the Commission’s 16. Alabama Power Company Any person wishing to become a party Web site at http://www.ferc.gov using [Docket No. ER04–815–000] must file a motion to intervene. All such the ‘‘eLibrary’’ link. Enter the docket Take notice that on May 5, 2004, motions or protests should be filed on number (prefaced by P-) in the docket Alabama Power Company filed a or before the comment date, and, to the number field to access the document. Transmission Facilities Agreement extent applicable, must be served on the For assistance, contact FERC On-Line between Alabama Power Company and applicant and on any other person Support at Georgia Power Company, dated April designated on the official service list. [email protected] or call 28, 2004. Alabama Power Company This filing is available for review at the toll free at (866) 208–3676, or for TTY states that the parties entered into this Commission or may be viewed on the contact (202) 502–8659. transmission facilities agreement in Commission’s Web site at http:// Any comments should be filed by order to properly allocate the costs of www.ferc.gov, using the ‘‘FERRIS’’ link. June 14, 2004, and should be addressed certain transmission upgrades to Enter the docket number excluding the to Magalie R. Salas, Secretary, Federal Alabama Power Company’s last three digits in the docket number Energy Regulatory Commission, 888 transmission system. filed to access the document. For First Street, NE., Washington, DC 20426. Comment Date: May 26, 2004. assistance, call (202) 502–8222 or TTY, Please affix ‘‘Fiske Mill Project No. (202) 502–8659. Protests and 8615–024,’’ to all comments. For further 17. Sierra Pacific Resources Operating interventions may be filed electronically information, please contact Andrea Companies via the Internet in lieu of paper; see 18 Shriver at (202) 502–8171, or [Docket No. ER04–816–000] CFR 385.2001(a)(1)(iii) and the [email protected]. Take notice that on May 5, 2004, instructions on the Commission’s Web Comments may be filled Sierra Pacific Resources Operating site under the ‘‘e-Filing’’ link. The electronically via the Internet in lieu of Companies tendered for filing an Commission strongly encourages paper. See 18 CFR 385.2001 (a)(1)(iii) amendment to section 17.7 of its Open electronic filings. and the instructions on the Commission’s Web site at http:// Access Transmission Tariff to Magalie R. Salas, implement procedures for addressing www.ferc.gov under the ‘‘e-filing’’ link. Secretary. requests to extend the commencement The Commission strongly encourages of service over transmission facilities [FR Doc. E4–1198 Filed 5–20–04; 8:45 am] electronic filings. BILLING CODE 6717–01–P constructed to accommodate a new Magalie R. Salas, service request. Secretary. Comment Date: May 26, 2004. DEPARTMENT OF ENERGY [FR Doc. E4–1192 Filed 5–20–04; 8:45 am] 18. Indeck Maine Energy, L.L.C. BILLING CODE 6717–01–P Federal Energy Regulatory [Docket No. ER04–817–000] Commission Take notice that on May 5, 2004, DEPARTMENT OF ENERGY Indeck Maine Energy, L.L.C. (Indeck [Project No. 8615–024] Maine) tendered for filing, under section Consolidated Water Power Company; Federal Energy Regulatory 205 of the Federal Power Act, a request Notice of Availability of Environmental Commission for authorization to sell electricity at Assessment market-based rates under its proposed [Piney Hydroelectric Project No. 309–036 Pennsylvania] market-based tariff. Indeck Maine May 13, 2004. requests an effective date of May 14, In accordance with the National Reliant Energy Mid-Atlantic Power 2004. Environmental Policy Act of 1969 and Holdings, LLC; Notice of Availability of Comment Date: May 26, 2004. the Federal Energy Regulatory Environmental Assessment 19. Pierce Power, LLC Commission’s (Commission) regulations, 18 CFR part 380 (Order No. May 13, 2004. [Docket No. ER04–818–000] 486, 52 FR 47897), the Office of Energy In accordance with the National Take notice that on May 5, 2004, Projects has prepared an Environmental Environmental Policy Act of 1969 and Pierce Power, LLC (Pierce Assessment (EA) for an application the Federal Energy Regulatory Power)tendered for filing a Notice of requesting Commission approval of Commission’s (Commission) Cancellation of its market-based rate license surrender and dam removal for regulations, 18 CFR part 380 (Order No. authority. Pierce Power request that the the Fiske Mill Hydroelectric Project. 486, 52 FR 47897), the Office of Energy termination to be effective September The project is located on the Ashuelot Projects (staff) has reviewed the 30, 2002. River in the town of Hinsdale, Cheshire application for a new major license for Comment Date: May 26, 2004. County, New Hampshire. the Piney Project, located on the Clarion The EA contains the staff’s analysis of River in Clarion County, Pennsylvania, Standard Paragraph the potential environmental impacts of and prepared an environmental Any person desiring to intervene or to the project and concludes that the assessment (EA) for the project. protest this filing should file with the surrender of project license and dam In this EA, staff analyzes the potential Federal Energy Regulatory Commission, removal would not constitute a major environmental effects of the existing 888 First Street, NE., Washington, DC federal action that would significantly project and concludes that licensing the 20426, in accordance with rules 211 and affect the quality of the human project, with staff’s recommended 214 of the Commission’s rules of environment. measures, would not constitute a major practice and procedure (18 CFR 385.211 A copy of the EA is available for federal action significantly affecting the and 385.214). Protests will be review and reproduction at the quality of the human environment. considered by the Commission in Commission’s Public Reference Room, A copy of the EA and application is determining the appropriate action to be located at 888 First Street, NE., Room available for review at the Commission

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in the Public Reference Room, or may be on Lake Murry, Ballentine, Richland DEPARTMENT OF ENERGY viewed on the Commission’s Web site at County, South Carolina. A Draft http://www.ferc.gov using the ‘‘e- Environmental Assessment (DEA) has Federal Energy Regulatory Library’’ link. Enter the docket number been prepared for the proposal. Commission excluding the last three digits in the The DEA contains the staff’s analysis [Docket No. PF04–3–000 and PF04–9–000] docket number field to access the of the potential environmental impacts document. For assistance, contact FERC Vista del Sol LNG Terminal LP and of the project and concludes that Online Support at Vista del Sol Pipeline LP; Ingleside approving the request would not [email protected] or toll- Energy Center LLC and San Patricio free at 1–866–208–3676, or for TTY, constitute a major Federal action Pipeline LLC; Notice of Intent To (202) 502–8659. Register online at http:/ significantly affecting the quality of the Prepare Environmental Impact /www.ferc.gov/esubscribenow.htm to be human environment. Statements for the Proposed Vista Del notified via e-mail of new filings and A copy of the DEA is available for Sol LNG Terminal Project and the issuances related to this or other review at the Commission in the Public Ingleside Energy Center LNG Terminal pending projects. For assistance, contact Reference Room or may be viewed on and Pipeline Project, Request for FERC Online Support. the Commission’s Web site at http:// Comments on Environmental Issues, Any comments should be filed within www.ferc.gov using the ‘‘eLibrary’’ link. and Notice of Public Scoping Meeting 30 days from the date of this notice and Enter the docket number P–516 to should be addressed to Magalie R. Salas, May 13, 2004. access the document. For assistance, The staff of the Federal Energy Secretary, Federal Energy Regulatory contact FERC Online Support at Commission, 888 First Street, NE., Regulatory Commission (FERC or [email protected] or toll- Commission) will prepare an Washington, DC 20426. Please affix free at (866) 208–3676, or for TTY, (202) ‘‘Piney Project No. 309–036’’ to all environmental impact statement (EIS) 502–8659. comments. For further information, that will discuss the environmental please contact John Costello by e-mail at You may also register online at impacts of Vista del Sol LNG Terminal [email protected] or phone 202– http://www.ferc.gov/docs-filing/ LP’s and Vista del Sol Pipeline LP’s 502–6119. esubscription.asp to be notified via (affiliates of the ExxonMobil The Commission strongly encourages email of new filings and issuances Corporation that are collectively electronic filings. Comments may be related to this or other pending projects. referred to as Vista del Sol) proposed filed electronically via the Internet in For assistance, contact FERC Online Vista del Sol LNG Terminal Project. In lieu of paper. See 18 CFR Support. addition, the staff of the FERC will 385.2001(a)(1)(iii) and the instructions prepare a separate EIS that will discuss Any comments should be filed within the environmental impacts of Ingleside on the Commission’s Web site under the 30 days from the date of this notice and ‘‘e-Filing’’ link. Energy Center LLC’s and San Patricio should be addressed to Magalie R. Salas, Pipeline LLC’s (collectively referred to Magalie R. Salas, Secretary, Federal Energy Regulatory as Ingleside San Patricio) proposed Secretary. Commission, 888 First Street, NE., Ingleside Energy Center LNG Terminal [FR Doc. E4–1189 Filed 5–20–04; 8:45 am] Washington, DC 20426. Please affix and Pipeline Project. This notice BILLING CODE 6717–01–P Project No. P–516–379 to all comments. explains the scoping process we 1 will Comments may be filed electronically use to gather input from the public and via the Internet in lieu of paper. The interested agencies on the projects. Your DEPARTMENT OF ENERGY Commission strongly encourages input will help us determine which electronic filings. See 18 CFR issues need to be evaluated in each EIS. Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions Please note that the scoping period for Commission on the Commission’s Web site (http:// both projects will close on June 18, [Project No. 516–379] www.ferc.gov) under the ‘‘e-Filing’’ link. 2004. For further information, contact Jean Due to the similarity between the South Carolina Gas & Electric Potvin at (202) 502–8928. projects, which include geography, Company; Notice of Availability of potential impacts, and affected parties, Draft Environmental Assessment Magalie R. Salas, we have decided to issue a joint notice. Secretary. This joint notice eliminates the May 13, 2004. redundancy and costs of duplicate In accordance with the National [FR Doc. E4–1191 Filed 5–20–04;8:45 am] BILLING CODE 6717–01–P mailings. In addition, we wish to Environmental Policy Act of 1969 and provide convenience to interested the Federal Energy Regulatory parties by holding a single joint public Commission’s (Commission) scoping meeting. regulations, 18 CFR part 380 (Order No. Comments may be submitted by 486, 52 FR 47897), the Office of Energy electronic submission, in written form, Projects has reviewed South Carolina or verbally. Further details on how to Gas & Electric Company’s application submit comments are provided in the requesting authorization to permit public participation section of this Boulevard Partners, Inc. use of Saluda notice. In lieu of sending comments, we Project lands and waters. The permit invite you to attend the public scoping would authorize the installation of a meeting we have scheduled as follows: concrete boat ramp and a multi-boat Wednesday, June 9, 2004, 7 p.m. (c.s.t.), dock facility capable of berthing 32 Vista del Sol LNG Terminal Project, and boats. The proposed work would take place at a residential community to be 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the known as Lakeside at Ballentine located environmental staff of the Office of Energy Projects.

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Ingleside Energy Center LNG Terminal (1,006,400 barrels equivalent), The project would have a nominal and Pipeline Project, Portland surrounded by an earthen barrier; output of about 1 billion cubic feet of Community Center, 2000 Billy G Webb, • Vaporization facilities including natural gas per day and, as proposed, Portland, TX 78374, telephone: (361) water intake and discharge equipment; would be integrated with the adjacent 777–3301. • 25 miles of 36-inch-diameter chemical manufacturing complex in In addition, on Wednesday, June 9, natural gas pipeline; and order for the two facilities to offset the 2004, starting at 8 a.m. (c.s.t.), we will • Up to seven interconnects with other’s respective heating and cooling be conducting a visit to the Ingleside existing intrastate and interstate needs. The use of the chemical Energy Center LNG site and along the pipelines. manufacturing complex’s cooling water pipeline route. Anyone interested in Vista del Sol proposes to have the as a source of vaporization heat is participating in the site visit should project constructed and operational in expected largely to eliminate air meet at the lobby of the Comfort Inn, mid-2008. emissions from the terminal and at the 1703 N Highway 181, Portland, Texas The project would nominally deliver same time to conserve approximately 78374. Participants must provide their about 1 billion cubic feet of natural gas two million gallons of fresh water own transportation. For additional per day. In the event that additional presently used in cooling water information, please contact the markets are identified, project facilities evaporation each day. could be expanded to increase LNG Commission’s Office of External Affairs The EIS Process at (866) 208–FERC (3372). storage and natural gas delivery The FERC will be the lead Federal capacities. ExxonMobil Corporation and The FERC will use the EISs to agency in the preparation of each EIS. Qatar Petroleum recently signed an consider the environmental impact that The documents will satisfy the agreement to supply about 2 billion could result if it issues Vista del Sol requirements of the National cubic feet per day of natural gas as LNG and/or Ingleside San Patricio project Environmental Policy Act (NEPA). from Qatar to the United States for an authorizations under sections 3 and 7 of This notice is being sent to affected expected period of 25 years. Some of the Natural Gas Act. landowners; Federal, State, and local this LNG could be used to supply the This notice formally announces our government agencies; elected officials; Vista del Sol terminal. preparation of the EISs and invites your environmental and public interest input into the process referred to as groups; Native American tribes; other Summary of the Proposed Ingleside ‘‘scoping.’’ We are soliciting input from interested parties; and local libraries Energy Center LNG Terminal and the public and interested agencies to and newspapers. We encourage Pipeline Project help us focus the analysis in each EIS government representatives to notify Ingleside San Patricio proposes to on the potentially significant their constituents of these planned construct and operate an LNG terminal environmental issues related to the projects and encourage them to and a natural gas pipeline to provide a proposed actions. comment on their areas of concern. new supply of competitively priced Our independent analysis of the natural gas to meet the increased issues for each project will be included Summary of the Proposed Vista del Sol demand in the U.S. The proposed in each draft EIS. The draft EISs will be LNG Terminal Project terminal site is bounded by the La mailed to Federal, State, and local Vista del Sol proposes to construct Quinta Waterway to the south, the government agencies; elected officials; and operate an LNG import terminal Occidental Chemical industrial facility environmental and public interest and a natural gas pipeline to provide a to the west, and the U.S. Navy and a groups; Native American tribes; affected new supply of competitively priced private landowner to the east. The landowners; other interested parties; natural gas to Texas and other U.S. proposed pipeline would extend from local libraries and newspapers; and the domestic markets. The LNG import the LNG terminal to an interstate FERC’s official service lists for these terminal would be situated between the interconnection near Sinton, Texas. The proceedings. A 45-day comment period Sherwin Alumina and DuPont general location of the facilities is will be allotted for review of the draft industrial facilities on the La Quinta shown in appendix 1.3 The Ingleside EISs. We will consider all comments on Ship Channel between Ingleside and Energy Center LNG Terminal and the draft EISs and revise the documents, Portland, Texas. The proposed pipeline, Pipeline Project would include: as necessary, before issuing final EISs. Although no formal applications have extending from the LNG terminal to a • A berthing structure and unloading been filed, the FERC staff has already site near Sinton, Texas, would transport facilities for LNG carrier ships; natural gas to market via • Two LNG storage tanks, each with initiated its NEPA review under its interconnections with a number of a nominal working volume of NEPA Pre-filing Process. The purpose of existing interstate and intrastate approximately 160,000 cubic meters the Pre-filing Process is to encourage the pipeline systems. The general location (1,006,400 barrels equivalent); early involvement of interested of the facilities is shown in appendix 1.2 • Vaporization and natural gas stakeholders and to identify and resolve The Vista del Sol LNG Terminal Project liquids removal equipment; issues before an application is filed with would include: • 26 miles of 26-inch-diameter the FERC. With this notice, we are asking • A berthing structure and unloading natural gas pipeline; and Federal, State, and local agencies with facilities for LNG carrier ships; • Up to 12 interconnects with jurisdiction and/or special expertise • Three LNG storage tanks, each with existing intrastate and interstate with respect to environmental issues to a nominal working volume of pipelines. approximately 160,000 cubic meters formally cooperate with us in the 3 The appendix referenced in this notice is not preparation of the EISs. These agencies 2 The appendix referenced in this notice is not being printed in the Federal Register. Copies of the may choose to participate once they being printed in the Federal Register. Copies of the appendix were sent to all those receiving this notice have evaluated the proposals relative to appendix were sent to all those receiving this notice in the mail. Requests for detailed maps of the their responsibilities. Agencies that in the mail. Requests for detailed maps of the proposed facilities should be made directly to proposed facilities should be made directly to Vista Ingleside San Patricio (http:// would like to request cooperating status del Sol (see http://www.vistadelsollng.com for www.inglesideenergycenter.com will be available should follow the instructions for filing contact information). soon for contact information). comments provided under the Public

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Participation section of this Notice. proposed Port of Corpus Christi La in our environmental analysis of these Thus far, the U.S. Coast Guard, the Quinta Container Terminal. projects. Research and Special Programs The following issues have been Once Vista del Sol and Ingleside San Administration (Office of Pipeline identified for the Vista del Sol LNG Patricio formally file their applications Safety), and the National Marine Terminal Project: with the Commission, you may want to Fisheries Service (NOAA Fisheries) • Potential impacts from a thermal become an official party to the have agreed to be cooperating agencies (cold water) discharge. proceedings known as an ‘‘intervenor.’’ for these projects. • Impacts on marine life from the Intervenors play a more formal role in seawater intake. the process and are able to file briefs, Currently Identified Environmental • Alternative LNG vaporization appear at hearings, and be heard by the Issues technologies. courts if they choose to appeal the Each EIS will discuss impacts that Public Participation Commission’s final ruling. An could occur as a result of the intervenor formally participates in a construction and operation of the You can make a difference by Commission proceeding by filing a proposed projects. We have already providing us with your specific request to intervene. Instructions for identified several issues that we think comments or concerns about the becoming an intervenor are included in deserve attention based on a proposals. Your comments should focus the User’s Guide under the ‘‘e-filing’’ preliminary review of the project sites on the potential environmental effects, link on the Commission’s web site. and the facility information provided by reasonable alternatives (including Please note that you may not request Vista del Sol and Ingleside San Patricio. alternative terminal sites and pipeline intervenor status at this time. You must This preliminary list of issues may be routes), and measures to avoid or lessen wait until a formal application is filed changed based on your comments and environmental impact. The more with the Commission. our analysis. The following issues specific your comments, the more useful Affected landowners and parties with pertain to both projects: they will be. To expedite our receipt environmental concerns may be granted • Dredged material management. and consideration of your comments, intervenor status upon showing good • Potential impacts on water quality the Commission strongly encourages cause by stating that they have a clear from dredging activities. electronic submission of any comments and direct interest in this proceeding • Impacts on wetlands and on this project. See 18 CFR which would not be adequately submerged aquatic vegetation. 385.2001(a)(1)(iii) and the instructions represented by any other parties. You do • Impacts on essential fish habitat on the Commission’s Web site at http:/ not need intervenor status to have your and State and/or federally-listed /www.ferc.gov under the ‘‘e-Filing’’ link environmental comments considered. and the link to the User’s Guide. Before threatened and endangered species at Availability of Additional Information the LNG terminal and along the pipeline you can submit comments you will need route. to create a free account, which can be Additional information about the • Consistency with coastal zone created by clicking on ‘‘Login to File’’ projects is available from the management guidelines. and then ‘‘New User Account.’’ You will Commission(s Office of External Affairs • Visual impacts associated with new be asked to select the type of submission at 1–866–208 FERC (3372) or on the LNG storage tanks. you are making. This submission is FERC Internet website (http:// • Environmental justice issues considered a ‘‘Comment on Filing.’’ www.ferc.gov). Using the ‘‘eLibrary’’ associated with the location of the LNG If you wish to mail comments, please link, select ‘‘General Search’’ from the terminal. mail your comments so that they will be eLibrary menu, enter the selected date • Impact and potential benefits of received in Washington, DC on or before range and ‘‘Docket Number’’ (i.e., PF04– construction workforce on local June 18, 2004, and carefully follow 3–000 or PF04–9–000), and follow the housing, infrastructure, public services, these instructions: instructions. Searches may also be done and economy. Send an original and two copies of using the phrase (Vista del Sol LNG(or • Impacts of LNG ship traffic on the your letter to: Magalie R. Salas, ‘‘Ingleside Energy Center’’ in the (Text Port of Corpus Christi and the Port Secretary, Federal Energy Regulatory Search(field. For assistance with access Aransas ferry schedule. Commission, 888 First St., NE., Room to eLibrary, the helpline can be reached • Assessment of potential cultural 1A, Washington, DC 20426; at (866) 208–3676, TTY (202) 502–8659, resources at the LNG terminal and along • Label one copy of your comments or at FERCOnlineSupport@ ferc.gov. The the pipeline route. for the attention of Gas Branch 3; eLibrary link on the FERC Internet Web • Native American concerns. • Reference Docket No. PF04–3–000 site also provides access to the texts of • Impacts of construction and (Vista del Sol) or PF04–9–000 (Ingleside formal documents issued by the operation of the LNG terminal and the Energy Center) on the original and both Commission, such as orders, notices, natural gas pipeline on local air quality. copies. and rule makings. • Hazards associated with the The public scoping meeting to be held In addition, the FERC now offers a transport, unloading, storage, and on June 9, 2004, at the Portland free service called eSubscription that vaporization of LNG. Community Center is designed to allows you to keep track of all formal • Security associated with LNG ship provide another opportunity to offer issuances and submittals in specific traffic and an LNG import terminal. comments on the proposed projects. dockets. This can reduce the amount of • Alternative sites for the LNG Interested groups and individuals are time you spend researching proceedings terminal, including offshore sites, and encouraged to attend the meeting and to by automatically providing you with pipeline route alternatives. present comments on the environmental notification of these filings, document • Assessment of the effect of the issues they believe should be addressed summaries, and direct links to the proposed project when combined with in each EIS. A transcript of the meeting documents. To register for this service, other past, present, or reasonably will be generated so that your comments go to http://www.ferc.gov/ foreseeable future actions in the project will be accurately recorded. esubscribenow.htm. area, including other proposed LNG We will include all comments that we Finally, Vista del Sol has established facilities in Corpus Christi Bay and the receive within a reasonable time frame an Internet Web site for its project at

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http://www.vistadelsollng.com and l. Locations of Applications: A copy of comments within the time specified for Ingleside San Patricio will establish an the application is available for filing comments, it will be presumed to Internet Web site for its project at http:/ inspection and reproduction at the have no comments. One copy of an /www.inglesideenergycenter.com. The Commission in the Public Reference agency’s comments must also be sent to Web sites will include a description of Room, located at 888 First Street, NE., the Applicant’s representatives. the project, maps of the proposed site, Room 2A, Washington, DC 20426, or by q. Comments, protests and and links to related documents. calling (202) 502–8371. This filing may interventions may be filed electronically also be viewed on the Commission’s via the Internet in lieu of paper. See 18 Magalie R. Salas, Web site at http://www.ferc.gov using CFR 385.2001(a)(1)(iii) and the Secretary. the ‘‘eLibrary’’ link. Enter the docket instructions on the Commission’s Web [FR Doc. E4–1193 Filed 5–20–04; 8:45 am] number excluding the last three digits in site at http://www.ferc.gov under the ‘‘e- BILLING CODE 6717–01–P the docket number field to access the Filing’’ link. document. You may also register online at http://www.ferc.gov/docs-filing/ Magalie R. Salas, DEPARTMENT OF ENERGY esubscription.asp to be notified via Secretary. e-mail of new filings and issuances [FR Doc. E4–1185 Filed 5–20–04; 8:45 am] Federal Energy Regulatory related to this or other pending projects. BILLING CODE 6717–01–P Commission For assistance, call toll-free 1–866–208– 3676 or e-mail Notice of Application for Amendment DEPARTMENT OF ENERGY of License and Soliciting Comments, [email protected]. For TTY, Motions To Intervene, and Protests call (202) 502–8659. A copy is also available for inspection and Federal Energy Regulatory Commission May 13, 2004. reproduction at the address in item (h) Take notice that the following above. [Project No. 459–128] application has been filed with the m. Individuals desiring to be included Commission and is available for public on the Commission’s mailing list should Union Electric Company (d/b/a inspection: so indicate by writing to the Secretary AmerenUE); Notice of Application a. Application Type: Amendment of of the Commission. Accepted for Filing and Soliciting license. n. Comments, Protests, or Motions to Motions To Intervene and Protests Intervene—Anyone may submit b. Project No.: 2035–039. comments, a protest, or a motion to May 13, 2004. c. Date Filed: April 22, 2004. intervene in accordance with the Take notice that the following d. Applicant: Denver Water, Colorado. requirements of rules of practice and hydroelectric application has been filed e. Name of Project: Gross Reservoir procedure, 18 CFR 385.210, .211, .214. with the Commission and is available Project. In determining the appropriate action to for public inspection. f. Location: The project is located on take, the Commission will consider all a. Type of Application: New major South Boulder Creek in Boulder County, protests or other comments filed, but license. Colorado. only those who file a motion to b. Project No.: 459–128. g. Filed Pursuant to: Federal Power intervene in accordance with the c. Date Filed: February 24, 2004. Act, 16 U.S.C. 791a–825r. Commission’s Rules may become a d. Applicant: Union Electric Company h. Applicant Contact: James Weldon, party to the proceeding. Any comments, (d/b/a AmerenUE). Denver Water, 1600 West 12th Avenue, protests, or motions to intervene must e. Name of Project: Osage Denver, CO 80204–3412. be received on or before the specified Hydroelectric Project. i. FERC Contact: Any questions on comment date for the particular f. Location: On the Osage River, in this notice should be addressed to Mr. application. Benton, Camden, Miller and Morgan Eric Gross at (202) 502–6213, or e-mail o. Filing and Service of Responsive Counties, central Missouri. The project address: [email protected]. Documents—Any filings must bear in occupies 1.6 acres of Federal land. j. Deadline for Filing Comments and all capital letters the title g. Filed Pursuant to: Federal Power or Motions: June 14, 2004. ‘‘COMMENTS’’, Act, 16 U.S.C. 791(a)–825(r). k. Description of Request: Denver ‘‘RECOMMENDATIONS FOR TERMS h. Applicant Contact: Mr. Jerry Hogg, Water has submitted a capacity-related AND CONDITIONS’’, ‘‘PROTEST’’, OR Superintendent Hydro Regulatory license amendment application for its ‘‘MOTION TO INTERVENE’’, as Compliance, AmerenUE, 617 River Gross Reservoir Project No. 2035. applicable, and the Project Number of Road, Eldon, MO 65026; telephone (573) Denver Water proposes to increase the the particular application to which the 365–9315; e-mail [email protected]. authorized capacity of the project from filing refers. All documents (original i. FERC Contact: Allan Creamer at 5 MW to 7.6 MW, with a corresponding and eight copies) should be filed with: (202) 502–8365; or e-mail at 85 cubic feet per second increase in Magalie R. Salas, Secretary, Federal [email protected]. hydraulic capacity. The proposal also Energy Regulatory Commission, 888 j. Deadline for Filing Motions to involves relocating the proposed First Street, NE., Washington, DC 20426. Intervene and Protests: 60 days from the powerhouse site from an existing valve A copy of any motion to intervene must issuance date of this notice. house to a location approximately 440 also be served upon each representative All documents (original and eight feet downstream. The relocation will of the Applicant specified in the copies) should be filed with: Magalie R. require the construction of a new 580- particular application. Salas, Secretary, Federal Energy foot, 60-inch diameter penstock and a p. Agency Comments—Federal, State, Regulatory Commission, 888 First new 25–kV transmission line that will and local agencies are invited to file Street, NE., Washington, DC 20426. follow the path of an existing 4.16–kV comments on the described application. Motions to intervene and protests may line. All of the proposed changes will A copy of the application may be be filed electronically via the Internet in take place within the licensed project obtained by agencies directly from the lieu of paper; see 18 CFR boundary. Applicant. If an agency does not file 385.2001(a)(1)(iii) and the instructions

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on the Commission’s Web site (http:// e-mail of new filings and issuances Interested participants will have the www.ferc.gov) under the ‘‘e-Filing’’ link. related to this or other pending projects. option of serving their comments on The Commission strongly encourages For assistance, contact FERC Online other participants by means of an electronic filing. The Commission’s Support. electronic list established by the Federal rules of practice require all intervenors n. Anyone may submit a protest or a Energy Regulatory Commission. To filing documents with the Commission motion to intervene in accordance with choose this option, the instructions set to serve a copy of that document on the requirements of rules of practice and out in the attachment to this notice must each person on the official service list procedure, 18 CFR 385.210, 385.211, be followed. for the project. Further, if an intervenor and 385.214. In determining the Please note that use of the electronic files comments or documents with the appropriate action to take, the service option does not relieve any Commission relating to the merits of an Commission will consider all protests participant of the requirement to: issue that may affect the responsibilities filed, but only those who file a motion 1. File comments or other of a particular resource agency, they to intervene in accordance with the submissions in this docket with the must also serve a copy of the document Commission’s rules may become a party Commission in accordance with filing on that resource agency. to the proceeding. Any protests or procedures; and k. This application has been accepted, motions to intervene must be received 2. Serve participants who are not but is not ready for environmental on or before the specified deadline date registered on the electronic list. analysis at this time. for the particular application. The electronic list is intended to l. Project Description: The existing All filings must: (1) Bear in all capital reduce the time and expense associated project consists of: (1) A 2,543-foot-long, letters the title ‘‘PROTEST’’ or with service of documents on 148-foot-high dam comprised of, from ‘‘MOTION TO INTERVENE;’’ (2) set participants in this proceeding. right to left, (i) A 1,181-foot-long, non- forth in the heading the name of the overflow section, (ii) a 520-foot-long Magalie R. Salas, applicant and the project number of the Secretary. gated spillway section, (iii) a 511-foot- application to which the filing [FR Doc. E4–1184 Filed 5–20–04; 8:45 am] long intake works and powerhouse responds; (3) furnish the name, address, section, and (iv) a 331-foot-long non- and telephone number of the person BILLING CODE 6717–01–P overflow section; (2) an impoundment protesting or intervening; and (4) (Lake of the Ozarks), approximately 93 otherwise comply with the requirements DEPARTMENT OF ENERGY miles in length, covering 54,000 acres at of 18 CFR 385.2001 through 385.2005. a normal full pool elevation of 660 feet Agencies may obtain copies of the Final Procedures for Distribution of mean sea level; (3) a powerhouse, application directly from the applicant. Remaining Crude Oil Overcharge integral with the dam, containing eight A copy of any protest or motion to Refunds main generating units (172 MW) and intervene must be served upon each two auxiliary units (2.1 MW each), representative of the applicant specified AGENCY: Office of Hearings and Appeals, having a total installed capacity of 176.2 in the particular application. Department of Energy. MW; and (4) appurtenant facilities. The ACTION: Notice of final procedures for project generates an average of 636,397 Magalie R. Salas, distribution of remaining crude oil megawatt-hours of electricity annually. Secretary. overcharge refunds. AmerenUE currently operates, and is [FR Doc. E4–1190 Filed 5–20–04; 8:45 am] proposing to continue to operate, the BILLING CODE 6717–01–P SUMMARY: This document provides the Osage Project as a peaking and load text of procedures that will govern the regulation facility. AmerenUE proposes final round of payments to successful to upgrade two of the facility’s eight DEPARTMENT OF ENERGY claimants in the crude oil overcharge main generating units and the two refund proceeding by the Department of smaller, auxiliary generating units. With Federal Energy Regulatory Energy (DOE) Office of Hearings and the proposed upgraded units, energy Commission Appeals (OHA). Two important issues generation is estimated to increase by [Docket No. ER02–1656–017] addressed are the computation of the about 5.6 percent. In addition to the per-gallon ‘‘volumetric’’ refund amount, physical plant upgrades, AmerenUE California Independent System and the mechanics of the refund proposes a variety of environmental and Operator Corporation; Notice application process. recreation measures. Establishing Due Date for Comments DATES: All required information must be m. A copy of the application is and Electronic Service Option submitted between July 1 and December available for review at the Commission 31, 2004. in the Public Reference Room or may be May 12, 2004. ADDRESSES: Inquiries should be The Federal Energy Regulatory viewed on the Commission’s Web site at submitted electronically to Commission is seeking comments from http://www.ferc.gov using the [email protected]. ‘‘eLibrary’’ link. Enter the docket interested participants in response to number, excluding the last three digits the Comments of the California FOR FURTHER INFORMATION CONTACT: in the docket number field (P–459), to Independent System Operator Tami L. Kelly, Secretary, or Thomas O. access the document. For assistance, Corporation regarding Technical Mann, Deputy Director, Office of contact FERC Online Support at Conference filed by the California Hearings and Appeals, Department of [email protected] or toll- Independent System Operator Energy; telephone: 202–287–1449, free at (866) 208–3676, or for TTY, (202) Corporation (CAISO) on May 11, 2004, e-mail: [email protected], 502–8659. A copy is also available for in this docket. [email protected]. inspection and reproduction at the Interested participants are invited to SUPPLEMENTARY INFORMATION: address in item h above. submit information and comments in You may also register online at response to the CAISO’s filing by no I. Introduction http://www.ferc.gov/docs-filing/ later than 5 p.m. (e.s.t.) on Wednesday, OHA published a notice of proposed esubscription.asp to be notified via May 19, 2004. procedures for final crude oil refunds in

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the Federal Register on November 12, still be permitted to file claims. defer the calculation of the volumetric 2003, and requested comments from Although filing services had represented refund amount until the final interested parties (‘‘the November 12 many claimants, we proposed to send application period closes, and all claims notice’’). 68 FR 64098. The November final payments directly to claimants. We submitted have been reviewed. In this 12 notice recounted the history of the also proposed to limit the application way, the number of dollars in the federal regulations governing the pricing period for final refunds to 180 days, and numerator will be maximized to include and allocation of domestic crude oil and indicated that we would not permit all crude oil overcharge funds payable refined petroleum products during the claimants to revisit their purchase to claimants plus accrued interest, and period August 1973 through January volume figures established earlier. the number of gallons in the 1981 (‘‘the controls period’’), and the Finally, we stated that any money left denominator will be minimized to 1986 Stripper Well settlement unclaimed after the final round of crude exclude all ineligible gallons. Both agreement that formed the basis for oil refunds would be divided equally adjustments will increase the DOE’s modified restitutionary policy for between the States and the Federal volumetric amount, and help to refunding crude oil overcharges. Acting government, as prescribed in the accomplish the goal of distributing the under the Stripper Well agreement, Stripper Well agreement. entire amount of overcharges reserved for successful crude oil refund OHA distributed 80 percent in equal II. Summary and Response to claimants ‘‘insofar as practicable.’’ shares to the States and the Federal Comments on Proposed Final Refund These commenters further contend that government for indirect restitution, and Procedures reserved 20 percent of the crude oil if the volumetric is calculated according overcharges for direct restitution to DOE received nine comments in to the proposed method, it would leave injured claimants (i.e. end-users of response to the November 12 notice, a substantial portion of the crude oil refined petroleum products), in a refund submitted by law firms, trade overcharges undistributed to the end proceeding conducted by OHA under associations, filing services that user claimants for whom the funds are the procedural regulations in 10 CFR represent successful claimants, the held by DOE, and therefore divert those Part 205, Subpart V. The refund process National Association of State Energy funds for indirect restitution to the was prolonged because DOE continued Officials, and a state energy office. This States and Federal government. That to collect crude oil overcharge funds section of the Supplementary result, they contend, would frustrate the into the 21st century. In a series of Information summarizes the issues effectuation of the objective of DOE’s raised in the comments, and gives initial and supplemental refund Subpart V crude oil refund proceeding, DOE’s response, as follows: payments, OHA has paid successful and the holding of the Consolidated Comment: Two commenters Edison case. The commenters maintain claimants at the cumulative addressed several issues concerning the ‘‘volumetric’’ rate of $0.0016 per gallon. the more accurate calculation of the calculation of the volumetric refund volumetric would justify the minimal Those initial and supplemental refund amount. They contend that the claims have now been resolved, and delay entailed. Finally, to the extent November 12 notice underestimates the there remain undistributed funds at the OHA intends to distribute all remaining number of dollars that should be in the crude oil overcharge funds held by DOE conclusion of a final refund payment to numerator, and overestimates the all qualified end user claimants, one for successful claimants ‘‘insofar as number of gallons that should be in the practicable.’’ Consolidated Edison commenter urges OHA to calculate a denominator. They urge OHA to include ‘‘supplemental final volumetric,’’ which Company of New York v. Abraham, No. in the numerator the $9.5 million CIV.A.1:01CV00548 (D.D.C. May 9, would be used to make a closeout currently in the Citronelle end users payment to claimants who are entitled 2003) (Westlaw, 2003 WL 21692698), account, any funds returned to the aff’d, No. 03–1498 (Fed. Cir. Feb. 9, to receive $250 or more. reserve for claimants as a result of Response: We believe these comments 2004). refund awards already made and later have merit, and that OHA should adopt In order to distribute the entire rescinded (‘‘returned funds’’), and all the method they advocate for amount of the 20 percent reserve, OHA other crude oil overcharge monies held calculating the volumetric refund proposed to use an electronic by DOE that are arguably subject to the amount. As explained below, however, verification and application process, Stripper Well agreement, in addition to we do not plan to make the suggested and to pay refunds through electronic the money in the reserve for claimants. closeout payment. fund transfers. The November 12 notice They contend OHA should consider the We agree with the commenters that proposed to calculate the volumetric time value of money, pointing out that the money in the Citronelle end users refund amount at the outset by dividing the money in the reserve has now grown account (currently $9.5 million) should the money in the reserve, then $262 to $264 million, and interest will be included in the final distribution of million (‘‘the numerator’’), by the continue to accrue on those funds until crude oil overcharge funds. DOE was a number of gallons of refined petroleum the refund process is completed. They party to the Citronelle settlement products purchased during the controls also call on OHA to determine the agreement, which directs the period by successful claimants, then volume figure in the volumetric Department to transfer those funds to estimated at 390 billion gallons (‘‘the denominator more precisely, by the Subpart V crude oil refund denominator’’), yielding a volumetric excluding all gallons that ultimately proceeding. It is already DOE’s practice refund amount of $0.00067 per gallon. prove to be ineligible for final refunds that ‘‘returned funds’’ (recovered from The November 12 notice proposed to for any reason, including failure to seek refund awards that were subsequently send direct notice of the final refund the supplemental refunds authorized in reduced for any reason) are deposited distribution only to claimants who 1995 or the final refunds authorized in into the claimants reserve and they will would be eligible to receive refunds this notice, and any downward be included in the final distribution. In greater than $250. While they would not adjustments in contested claims that addition to the Citronelle end users receive notice of the final refund reduce the number of gallons approved account, DOE is holding a small amount payment, the November 12 notice by OHA as the basis for granting of other crude oil overcharge funds, and proposed that successful claimants refunds. These commenters argue that to these moneys, which total eligible for refunds below $250 would account for these factors, OHA should approximately $1 million at this time,

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will also be included in the final from OHA’s longstanding practice in the that (1) The filing service has distribution. Subpart V crude oil refund proceeding. established an escrow account for the Concerning the timing of the In the absence of specific problems, purpose of depositing refund payments volumetric calculation, the goal of this according to the commenters, there is no (electronic fund transfers or checks) proceeding is to distribute the entire reason for OHA not to continue the received on behalf of its clients, (2) it is amount of crude oil overcharge funds settled practice of honoring the the filing service’s normal business held by DOE to end user claimants. By contracts between filing services and practice to deposit all refund payments its nature, the task presents a moving their clients. If there is a history of into the escrow account within two target, where the amount of money in problems with specific filing services, business days, (3) it is the filing the volumetric numerator will increase the commenters urged OHA to impose service’s normal business practice to as funds are added and interest accrues, appropriate conditions on those filing disburse all refunds to clients (less and the number of gallons in the services alone, such as requiring that a commissions or fees) within 30 calendar volumetric denominator will decrease filing service post a performance bond, days of receiving those funds, and (4) as claimants fail to come forward or for or establish an escrow account. These the filing service agrees to make records any other reason fail to present an commenters maintain that filing for its escrow account available to OHA adequate application. OHA can estimate services are necessary to an efficient on request. We will again use that form the volumetric as $0.00072 at this time, refund process, and that cutting them of certification. In cases where there has by dividing the dollars currently out of the historic distribution chain at been a history of problems with a available for distribution, $275 million, this late stage would delay rather than specific filing service, OHA may by the approved gallons currently expedite the conclusion of the refund determine to pay that service’s eligible for refunds, 382 billion. Under process. Several commenters also claimants directly or may require the most optimistic scenario, even with pointed out that some ‘‘filing services’’ additional measures to ensure that an electronic verification and are attorneys who are subject to the refunds reach the claimants who are application process, OHA will not know canons of ethics and regulation entitled to receive them. Because each the value of the volumetric denominator including disciplinary sanctions by filing service is different, and the before the 180 day application period is their respective State bars. With respect contracts with their clients vary, it is closed. Thus, we will delay the final to non-attorney filing services, several impossible to structure a uniform volumetric calculation until the close of commenters pointed to the services approach, and OHA will deal with filing the application period. This will make filing services rendered to refund services individually. the distribution of refunds more cost- claimants, and their track record over Comment: Several commenters effective, and eliminate the need for the the long history of the crude oil refund generally supported the proposals to proposed closeout payment. The only proceeding. Several commenters urged expedite the final stages of the refund disadvantage of using a last-minute OHA to accept claim verifications from process by using electronic filings and volumetric refund calculation is a delay all representatives who already have strict time limits, noting that substantial in the disbursements of payments until powers of attorney on file. delays have occurred in the past. They the close of the application period. In Response: These comments raise also urged DOE to make sufficient the past, OHA announced the meritorious issues. It is true, as the resources available so that OHA could volumetric amount when opening the commenters point out, that both process the applications quickly. One application period for a round of crude attorney and non-attorney filing services commenter urged OHA to consider oil refunds and began disbursing made it possible for many claimants to accelerating the process, and suggested payments immediately. The prior obtain refunds who would not have shortening the proposed 180-day filing supplemental refund payments were otherwise received them. Filing services period. viewed in the context of an ongoing served their clients by maintaining Response: While the task OHA process, as DOE continued to recover contact with OHA and helping to undertook in fashioning the crude oil additional overcharges. See Crude Oil resolve questions about claimants’ refund process—reaching injured Supplemental Refund Distribution, 18 eligibility for refunds. On balance, OHA claimants across the United States—has DOE ¶ 85,878 (1989); Issuance of will again need to rely on the filing been enormous, we acknowledge that Supplemental Refund Checks in Special services in order to reach as many there have been substantial delays. For Refund Proceeding Involving Crude Oil claimants as possible in the final refund that reason, we are designing a process Overcharge Refunds, 60 FR 15562 distribution. The filing services will in for the final refund distribution that will (1995). This time, however, our goal is turn have an incentive to contact their operate with maximum efficiency. As different. We are now concluding the clients, verify their claims, and submit described in the November 12 notice, refund process, and we fully intend to updated information to OHA. eligibility for final refunds is limited to distribute all of the reserved funds to We also agree with the commenters successful claimants who received prior claimants ‘‘insofar as practicable.’’ With that there is no reason to sanction all refunds. No new parties are permitted to this goal in mind, we agree that the filing services merely because OHA apply for refunds. No changes will be efficiency to be gained by calculating experienced problems with some of made in the purchase volumes the volumetric after the close of the them during prior rounds of the refund previously approved by OHA. The time application period is worth the minimal process. We will therefore continue the for filing an application for the final delay. Any money remaining after the practice of paying refunds to most of the refund will be strictly limited to 180 final refund payments will be divided filing services we paid in the last days. The choice of this time period equally between the States and the distribution, including attorneys and represents a careful balancing of fairness Federal government. non-attorneys, provided that each filing versus expediency. We need to allow Comment: Several commenters service submits a current ‘‘Escrow sufficient time for eligible claimants to addressed the proposal in the November Certification’’ to OHA and certifies that learn the refund is available, to verify 12 notice to pay final refunds directly to it has provided notice of the final refund their claims, and update their claimants that are represented by ‘‘filing payment to all of its clients. The Escrow information in OHA’s database. In our services,’’ stating that this would Certification which OHA has previously view, 180 days is a reasonable length of constitute an unwarranted departure required filing services to submit states time to accomplish this objective.

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However, we believe that a shorter time represent entities who are likely to be (RWR) (D.D.C. July 30, 2001), 3 CCH would not be fair to smaller claimants, claimants to alert them to the Fed. Energy Guidelines ¶ 26,739, aff’d, who might not learn about the refund proceeding. We will not adopt a 310 F.3d 767 (D.C. Cir. 2002). As the availability as soon as larger applicants processing cut-off for small claimants, Court of Appeals noted, the sine qua who have corporate or government even though Section 205.286(b) of the non of Federal sovereign immunity is officials, lawyers, or filing services Subpart V regulations would permit that the Federal government’s possession of representing their interests. action. Finally, we note that this the money in question; nothing more is Comment: One commenter, a trade commenter can obviate its specific needed. The D.C. Circuit affirmed the association that estimates few of its concerns by taking responsibility for District Court, whose decision also members’ claims would exceed $100, alerting the claimants it represents to noted that the OHA refund process is a challenged the proposal not to send the coming opportunity to obtain a final by-product of a public enforcement direct mail notice of the final refund to crude oil refund payment. action undertaken by DOE under the claimants who would receive less than Comment: One commenter, a State Economic Stabilization Act of 1970 $250. This commenter asserts that OHA energy office, urged OHA to eschew the (‘‘ESA’’), and the Emergency Petroleum ‘‘provides little justification for the $250 proposed refund process altogether, and Allocation Act of 1973 (‘‘EPAA’’), as cut-off’’ in the November 12 notice, and give all of the crude oil overcharges amended. Under those statutes, there advocates using the same $50 cut-off reserved for claimants to the States for also existed a parallel private right of that OHA used for the supplemental indirect restitution. Under the terms of action for overcharges made in violation refund authorized in 1995. See Issuance the Stripper Well settlement, the of Federal oil price controls. It is only of Supplemental Refund Checks in Petroleum Overcharge Distribution and through a private right of action for Special Refund Proceeding Involving Restitution Act of 1986 (‘‘PODRA’’), recovery of overcharges that a plaintiff Crude Oil Overcharge Refunds, 60 FR DOE’s Modified Statement of could be awarded legal fees from a 15562 (1995). The commenter argues Restitutionary Policy, and a long line of private party defendant. The commenter that the marginal cost to DOE of giving decisions by OHA and the Federal has never represented any of the private notice to smaller claimants cannot be so courts, DOE is obliged to make a final parties from whom he now seeks a fee high as to justify cutting them out of the distribution of the entire amount of from the escrow account held in the information chain and consequently funds reserved for successful crude oil Treasury for crude oil claimants, and he reducing the chance they will learn of refund claimants ‘‘insofar as never filed a private overcharge action the refund availability, and urges OHA practicable.’’ Accordingly, we must on their behalf. Furthermore, nothing in to ‘‘reexamine its assumptions.’’ reject that commenter’s suggestion, the agency’s applicable Subpart V Response: After considering this which would contravene the legal and regulations, 10 CFR Part 205, Subpart V, comment, we have decided to adopt a policy underpinnings of the crude oil nor in any of the many refund cases $200 cut-off level for giving direct refund proceeding. Policy consideration decided after the promulgation of these notice to claimants eligible to receive and binding precedent dictate that the regulations in 1979, authorizes an final refunds. Using the $50 cut-off specific funds at stake be used first for attorney’s fee award refund in these advocated by the commenter instead of direct restitution to claimants. However, circumstances. Thus, there appears to be the $200 cut-off level would mean if there remains any unclaimed money no basis whatsoever for DOE to pay a fee mailing out notice to nearly 29,000 at the end of the refund process, we will to this commenter, and no need to additional claimants, and the divide it equally between the States and consider deducting any amount for a fee cumulative amount of refunds these the Federal government, for indirect before disbursing refunds to claimants. claimants could receive represents only restitution under the terms of the 1.1 percent of the total fund available. Stripper Well settlement agreement. III. The Effect of Utility Deregulation on For these reasons, we believe adopting Comment: One commenter, an Eligibility To Receive Refunds the $200 cut-off level strikes a attorney who has pending lawsuits Utilities received many of the largest reasonable balance that will still enable against DOE and against claimants crude oil refunds. Although OHA OHA to notify a large number of whom he does not represent, including received no written comments claimants eligible to receive virtually all one or more civil actions in which he concerning the impact of changes in the of the money while avoiding an undue seeks a fee from the funds held for utility industry that have occurred since administrative burden. OHA’s current claimants by DOE to compensate him 1987, the matter deserves special database contains only purchase volume for his purported role in bringing about mention here. As OHA stated in the information for each claimant. The $200 the final crude oil refund distribution, Notice Explaining Procedures for refund amount must therefore be asserted that DOE should deduct any fee Processing Refund Applications in expressed as a gallon figure; at the awarded to him before disbursing any Crude Oil Refund Proceedings Under 10 estimated volumetric of $0.00072 per refunds to claimants. CFR Part 205, Subpart V, 52 FR 11737 gallon, a refund of $200 translates to a Response: Recent Federal court at 11742; 7 DOE (CCH) ¶ 90,512 (April cut-off volume of 280,000 gallons. Thus, decisions have rejected a similar fee 10, 1987) (the 1987 Notice), crude oil claimants who purchased less than claim advanced by this same refunds to utilities are conditioned on 280,000 gallons of refined petroleum commenter. The United States Court of each utility’s certification that it will products during the controls period will Appeals for the D.C. Circuit held that notify the applicable State regulatory not receive direct notice of the final since the Federal government has not body and pass through the entirety of refund. Direct mail notice waived its sovereign immunity, it could the refund to its retail customers. This notwithstanding, all valid, timely claims not order DOE to pay a fee from crude requirement is premised on the notion will be considered. oil overcharge funds in its possession to that regulated utilities were not In addition to publishing this notice this commenter under the common fund themselves injured by crude oil in the Federal Register, OHA will doctrine for helping third parties overcharges, since they historically publicize the commencement of the recover money from a government- passed on these overcharges to their claims proceeding with a press release, created escrow account held in the customers through regulatory fuel and we will attempt to communicate United States Treasury. Kalodner v. adjustment cost mechanisms in the form with associations or organizations that Abraham, Civil Action No. 97–2013 of higher rates for electricity. Since

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1987, changes have occurred. Some successful claimants who are eligible to OHA establishes the following States have enacted various types of receive additional refunds, as long as timeline for the final stages of the deregulation schemes, which in turn led they are filed within the 180-day refund process: Mailing of written to the disintegration of many firms in application period. DOE prefers to make notice to all of the approximately 34,000 the public utility industry. As a result, payments by electronic direct deposit, claimants eligible for refunds over $200 the same regulatory mechanisms that and strongly encourages claimants to (based on a purchase volume exceeding were previously available to effectuate choose this method for their final 280,000 gallons and an estimated restitution to overcharged utility refunds. Many checks issued to volumetric of $0.00072) will be customers may no longer be available. claimants during the crude oil refund completed by June 30, 2004. The period In such instances OHA may require a process were lost, and direct deposit for claimants to submit crude oil refund modified certification from the utility offers a more secure payment method application information (or verify the claimant. The revised certification will than a paper check. Claimants who extant information in OHA’s database) eliminate the reference to a choose direct deposit must submit the will run from July 1, 2004 through the governmental regulatory body while bank name, city and State, ABA routing December 31, 2004 deadline. OHA will retaining the requirement that the utility number, account number, and the name issue a Federal Register notice setting pass the refund through to its retail on the checking or savings account to forth the calculation of the final customers on a dollar-for-dollar basis. receive their refund payment. If the volumetric refund amount by January IV. Final Refund Procedures direct deposit information is not 31, 2005. OHA will begin paying provided, DOE will issue a check. refunds by February 1, 2005. OHA Based on our discussion of the This information must be submitted anticipates it will complete the payment comments above, OHA will adopt the to OHA between July 1 and December of refunds by December 31, 2005. Any following final refund procedures. As 31, 2004. It may be submitted by filling unclaimed funds will be divided explained in the November 12 notice, out and mailing the suggested format on equally between the States and the we must verify the accuracy of the back of the notice using the enclosed Federal government. information in the OHA crude oil postage-paid envelope, or by submitting database before disbursing final refunds Issued in Washington, DC, on May 13, the information via OHA’s Web site at to individual claimants. OHA will send 2004. http://www.oha.doe.gov/2004supp/ notice to all claimants (or their George B. Breznay, refunds.asp. representatives of record) who Director, Office of Hearings and Appeals. purchased at least 280,000 gallons of We ask claimants to provide their [FR Doc. 04–11524 Filed 5–20–04; 8:45 am] Employer Identification Number (for refined petroleum products during the BILLING CODE 6450–01–P controls period and therefore are businesses) or Social Security Number eligible to receive refunds exceeding (for individuals) because the Internal $200 based on an estimated per-gallon Revenue Service (IRS) requires that DOE report refund payments on IRS Form ENVIRONMENTAL PROTECTION volumetric amount of $0.00072. This AGENCY will include the 34,000 largest 1099–MISC. Claimants should submit this number even if they have claimants. The orders authorizing prior [SFUND–2004–0006, FRL–7665–7] crude oil refund payments required previously provided it to our office. By claimants to notify OHA when their law, individual claimants are not Agency Information Collection addresses change, and notice will be required to disclose their Social Activities: Proposed Collection; sent to the last known address in OHA’s Security Numbers. However, if an Comment Request; Community Right- crude oil database. The notice will individual does not report their Social to-Know Reporting Requirements advise the claimant of the availability of Security number to us, we will direct Under Sections 311 and 312 of the the final crude oil refund payment, and that 31 percent of the amount of the Emergency Planning and Community show the information that is in the OHA final refund check be withheld and Right-to-Know Act (EPCRA), EPA ICR database, including name, address, and forwarded to the IRS as back-up Number 1352.10, OMB Control Number a contact person. A unique PIN number withholding. 2050–0072 will be assigned to each claimant. A Unless we receive the information we claimant must use that PIN in order to have requested from each claimant on or AGENCY: Environmental Protection verify the information in the database. before December 31, 2004, the claimant Agency (EPA). The claimant must indicate whether the will forfeit all rights to the final crude ACTION: Notice. applicant shown in the OHA database oil refund. OHA is adopting the strict should receive the refund, or whether 180-day application deadline proposed SUMMARY: In compliance with the the refund cannot be paid to the listed in the November 12 notice. No Paperwork Reduction Act (44 U.S.C. applicant for any reason, e.g., due to extensions of time will be granted, and 3501 et seq.), this document announces death, divorce, bankruptcy or no late applications will be accepted. that EPA is planning to submit a dissolution of a business. Additional limitations will be necessary continuing Information Collection For the final crude oil refund in the final round of crude refunds. All Request (ICR) to the Office of distribution, we will not mail direct successful claimants have already had Management and Budget (OMB). This is notice to claimants who purchased less extensive opportunities over many years a request to renew an existing approved than 280,000 gallons of refined to establish their respective purchase collection. This ICR is scheduled to petroleum products during the controls volumes of refined petroleum products, expire on October 31, 2004. Before period. We continue to believe that the which form the bases for their submitting the ICR to OMB for review cost and administrative burden of respective refunds. There will be no and approval, EPA is soliciting mailing information to these claimants further opportunities to revise volumes comments on specific aspects of the is not justified given the small amount during the final distribution. No new proposed information collection as of the refunds. As with the 1995 applications will be accepted—the final described below. supplemental refund payment, however, crude oil refund payment is available DATES: Comments must be submitted on we will accept applications from all only to successful claimants. or before July 20, 2004.

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ADDRESSES: Submit your comments, be available for public viewing in (i) Evaluate whether the proposed referencing docket ID number SFUND– EDOCKET. For further information collection of information is necessary 2004–0006, to EPA online using about the electronic docket, see EPA’s for the proper performance of the EDOCKET (our preferred method), by e- Federal Register notice describing the functions of the Agency, including mail to [email protected], or electronic docket at 67 FR 38102 (May whether the information will have by mail to: EPA Docket Center, 31, 2002), or go to www.epa.gov./ practical utility; Environmental Protection Agency, edocket. (ii) Evaluate the accuracy of the Superfund Docket, Mail code 5305T, Affected entities: Entities potentially Agency’s estimate of the burden of the 1200 Pennsylvania Ave., NW., affected by this action are those proposed collection of information, Washington, DC 20460. facilities required to prepare or have including the validity of the FOR FURTHER INFORMATION CONTACT: Sicy available an MSDS for a hazardous methodology and assumptions used; Jacob, Office of Emergency Prevention, chemical under the Hazard (iii) Enhance the quality, utility, and Preparedness and Response, 5104A, Communication Standard (HCS) of the clarity of the information to be Environmental Protection Agency, 1200 Occupational Safety and Health collected; and Pennsylvania Ave., NW., Washington, Administration. Entities more likely to (iv) Minimize the burden of the DC 20460; telephone number: 202–564– be affected by this action may include collection of information on those who 8019; fax number: 202–564–8233; e-mail chemical, non-chemical manufacturers, are to respond, including through the address: [email protected]. retailers, petroleum refineries, utilities, use of appropriate automated electronic, SUPPLEMENTARY INFORMATION: EPA has etc. mechanical, or other technological established a public docket for this ICR Title: Community Right-to-Know collection techniques or other forms of under Docket ID number SFUND–2004– Reporting Requirements under Sections information technology, e.g., permitting 0006, which is available for public 311 and 312 of the Emergency Planning electronic submission of responses. viewing at the Superfund Docket in the and Community Right-to-Know Act Burden Statement: The average EPA Docket Center (EPA/DC), EPA (EPCRA) burden for MSDS reporting under 40 West, Room B102, 1301 Constitution Abstract: The authority for these CFR 370.21 is estimated at 1.6 hours for Ave., NW., Washington, DC. The EPA requirements is sections 311 and 312 of new and newly regulated facilities and Docket Center Public Reading Room is the Emergency Planning and approximately 0.6 hours for those open from 8:30 a.m. to 4:30 p.m., Community Right-to-Know Act existing facilities that obtain new or Monday through Friday, excluding legal (EPCRA), 1986 (42 U.S.C. 11011, 11012). revised MSDSs or receive requests for holidays. The telephone number for the EPCRA Section 311 requires owners and MSDSs from local governments. For Reading Room is (202) 566–1744, and operators of facilities subject to OSHA new and newly regulated facilities, this the telephone number for the Superfund HCS to submit a list of chemicals or burden includes the time required to Docket is (202) 566–0276. An electronic MSDSs (for those chemicals that exceed read and understand the regulations, to version of the public docket is available thresholds, specified in 40 CFR part determine which chemicals meet or through EPA Dockets (EDOCKET) at 370) to the State Emergency Response exceed reporting thresholds, and to http://www.epa.gov/edocket. Use Commission (SERC), Local Emergency submit MSDSs or lists of chemicals to EDOCKET to obtain a copy of the draft Planning Committee (LEPC) and the SERC, LEPCs, and local fire collection of information, submit or local fire department (LFD) with departments. For existing facilities, this view public comments, access the index jurisdiction over their facility. The burden includes the time required to listing of the contents of the public submittal of a list of chemicals or submit revised MSDSs and new MSDSs docket, and to access those documents MSDSs is a one-time requirement. to local officials. The average reporting in the public docket that are available However, facilities must submit updates burden for facilities to perform Tier I or electronically. Once in the system, to the list of chemicals, within three Tier II inventory reporting under 40 CFR select ‘‘search,’’ then key in the docket months, when a new hazardous 370.25 is estimated to be approximately ID number identified above. chemical comes on-site above the 3.1 hours per facility, including the time Any comments related to this ICR reporting threshold. If significant new to develop and submit the information. should be submitted to EPA within 60 information arises concerning a There are no recordkeeping days of this notice. EPA’s policy is that previously submitted MSDS, a facility requirements for facilities under EPCRA public comments, whether submitted must submit a revised MSDS. EPCRA Sections 311 and 312. electronically or in paper, will be made Section 312 requires owners and The average burden for state and local available for public viewing in operators of facilities subject to OSHA governments to respond to requests for EDOCKET as EPA receives them and HCS to submit an inventory form (for MSDSs or Tier II information under 40 without change, unless the comment those chemicals that exceed the CFR 370.30 is estimated to be 0.17 hours contains copyrighted material, CBI, or thresholds, specified in 40 CFR part per request. The average burden for state other information whose public 370) to the SERC, LEPC, and LFD with and local governments for managing and disclosure is restricted by statute. When jurisdiction over their facility. This maintaining the reports is estimated to EPA identifies a comment containing activity is to be completed on March 1 be 32.25 hours. The average burden for copyrighted material, EPA will provide of each year, on the inventory of maintaining and updating the 312 a reference to that material in the chemicals in the previous calendar year. database is 320 hours. The total burden version of the comment that is placed in An agency may not conduct or to facilities over the three-year EDOCKET. The entire printed comment, sponsor, and a person is not required to information collection period is including the copyrighted material, will respond to, a collection of information estimated to be 5,686,000 hours, at a be available in the public docket. unless it displays a currently valid OMB cost of $186 million, with an associated Although identified as an item in the control number. The OMB control state and local burden of 401,000 hours official docket, information claimed as numbers for EPA’s regulations in 40 at a cost of $9.2 million. The burden CBI, or whose disclosure is otherwise CFR are listed in 40 CFR part 9. hours listed here are from the restricted by statute, is not included in The EPA would like to solicit previously approved ICR. The labor the official public docket, and will not comments to: costs have been adjusted to December

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2003 wage rate published by U.S. to further avoid and minimize impacts ERP No. F–AFS–D65027–00 Jefferson Bureau of Labor Statistics. to aquatic resources. National Forest Revised Land and Burden means the total time, effort, or ERP No. D–FHW–F40421–IN Rating Resource Management Plan, financial resources expended by persons EO2, US–31 Improvement from Implementation, Mount Rogers National to generate, maintain, retain, or disclose Plymouth to South Bend, Running from Recreation Area, Clinch, Glenwood, or provide information to or for a Southern Terminus at US–30 to New Castle, and New River Valley Federal agency. This includes the time Northern Terminus at US–20, Marshall Rangers Districts, VA, WV, and KY. needed to review instructions; develop, and St. Joseph Counties, IN. Summary: EPA expressed acquire, install, and utilize technology Summary: EPA has environmental environmental concerns due to potential and systems for the purposes of objections regarding the proposed impacts from erosion/sedimentation, air collecting, validating, and verifying project based on the magnitude of emissions, and ground water information, processing and wetland impacts. EPA requested that contamination. EPA suggested that these maintaining information, and disclosing additional alternatives be analyzed. issues be addressed as the plan is ERP No. D–NPS–D65028–PA Rating and providing information; adjust the implemented. existing ways to comply with any LO, Lackawanna Heritage Valley a State ERP No. F–AFS–J65380–UT Prima previously applicable instructions and and National Heritage Area, East Clear Creek Federal No. 22–42 Gas requirements; train personnel to be able Management Action Plan, Exploration Well, Application for to respond to a collection of Implementation, Lackawanna, Luzerne, Permit to Drill (APD) including a information; search data sources; Wayne and Susquehanna Counties, PA. Surface Use Plan of Operations, complete and review the collection of Summary: EPA expressed lack of Approval, Castle Valley Ridge, Ferron/ information; and transmit or otherwise objections with the preferred Price Ranger District, Manti-La Sal disclose the information. alternative. ERP No. D–SFW–J64009–CO Rating National Forest, Carbon and Emery Dated: May 17, 2004. EC2, Rocky Flats National Wildlife Counties, UT. Deborah Y. Dietrich, Refuge Comprehensive Conservation Summary: No formal comment letter Director, Office of Emergency Prevention, Plan, 15-Year Guidance for Management was sent to the preparing agency. Preparedness and Response. of Refuge Operations, Habitat ERP No. F–COE–L36115–WA [FR Doc. 04–11560 Filed 5–20–04; 8:45 am] Restoration and Visitor Services, Centralia Flood Damage Reduction BILLING CODE 6560–50–P Implementation, Jefferson and Boulder Project, Chehalis River, Lewis and Counties, CO. Summary: EPA expressed concerns Thurston Counties, WA. ENVIRONMENTAL PROTECTION over potential environmental impacts to Summary: EPA expressed continuing AGENCY the Refuge from adjacent land uses. EPA concerns that potential impacts to the recommended that additional Total Maximum Daily Load (TMDL) for [ER–FRL–6651–7] information be provided regarding the upper Chehalis River were not potential indirect impacts from the analyzed, and continuing concerns that Environmental Impact Statements and proposed development of the wetland mitigation proposed is not Regulations; Availability of EPA transportation corridor, including sufficient to compensate for impacts to Comments identification of feasible mitigation wetland functions. measures to offset those impacts. EPA ERP No. F–IBR–K65259–CA Pajaro Availability of EPA comments also suggested further discussion of the Valley Water Management Agency prepared May 3, 2004 Through May 7, DOE retained area in terms of weed (PVWMA) Revised Basin Management 2004 pursuant to the Environmental dispersal and projected final Plan Project, Connection of PVWMA Review Process (ERP), under Section contamination levels. Pipeline to the Santa Clara Conduit of 309 of the Clean Air Act and Section ERP No. DS–AFS–L39057–OR Rating the Central Valley Project (CVP), Santa 102(2)(c) of the National Environmental EC2, Rimrock Ecosystem Restoration Cruz, Monterey and San Benito Policy Act as amended. Requests for Projects, New Information on the Counties, CA. copies of EPA comments can be directed Commercial and Non-commercial Summary: EPA continues to express to the Office of Federal Activities at Thinning Treatments in the C3 concerns regarding cumulative impacts (202) 564–7167. An explanation of the Management Area, Umatilla National to the Pajaro Valley, San Joaquin Valley, ratings assigned to draft environmental Forest, Heppner Ranger District, Grant, and Central Valley Project operations impact statements (EISs) was published Morrow and Wheeler Counties, OR. in FR dated April 2, 2004 (69 FR 17403). Summary: EPA continued to express from imported water projects. Draft EISs concerns with air quality impacts from ERP No. F–NPS–D65028–PA prescribed burning, the funding of Lackawanna Heritage Valley—a State ERP No. D–FHW–D40323–PA Rating restoration projects and adverse impacts and National Heritage Area, EC2, U.S. 202, Section ES1 from roads. Management Action Plan, Improvements Project, To Relieve Implementation, Lackawanna, Luzerne, Traffic Congestion and Improve the Final EISs Wayne and Susquehanna Counties, PA. Corridor, Funding and U.S. Army COE ERP No. F–AFS–D40322–PA Sugar Summary: EPA expressed lack of Section 404 Permit, Delaware and Run Project Area (SRPA), To Achieve objections with the preferred Chester Counties, PA. and Maintain the Desired Conditions as alternative. Summary: EPA has environmental stated in Forest Plan, Allegheny concerns with the proposed project National Forest, Bradford Ranger Dated: May 18, 2004. regarding potential impacts to surface District, McKean County, PA. Ken Mittelholtz, water, forested habitat, historic Summary: EPA’s comments are Environmental Protection Specialist, Office structures, and Environmental Justice adequately addressed in the Final EIS. of Federal Activities. areas. EPA recommends utilizing the Therefore, EPA has no objection to the [FR Doc. 04–11563 Filed 5–20–04; 8:45 am] existing loop road into the final design proposed action. BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Counties, OR, Comment Period Ends: 362–1384. AGENCY July 6, 2004 Contact: Chris Mickle Revision of FR Notice Published on 5/ (541) 433–3216. [ER–FRL–6651–6] 14/2004: Correction to Comment Period EIS No. 040232, Draft EIS, BIA, NY, St. from 06/4/2004 to 06/14/2004. Regis Mohawk Tribe, Mohawk Environmental Impact Statements; Dated: May 18, 2004. Notice of Availability Mountain Casino and Resort, Proposed Transfer of 66 Acres of Land Ken Mittelholtz, Responsible Agency: Office of Federal into Federal Trust Status, Fee-to-Trust Environmental Protection Specialist, Office Activities, General Information (202) Acquisition, Sullivan County, NY, of Federal Activities. 564–7167 or http://www.epa.gov/ Comment Period Ends: July 6, 2004, [FR Doc. 04–11564 Filed 5–20–04; 8:45 am] compliance/nepa/ Contact: Jim Kardatzke (615) 467– BILLING CODE 6560–50–P Weekly receipt of Environmental Impact 1675. Statements Amended Notices Filed May 10, 2004 Through May 14, FEDERAL MARITIME COMMISSION 2004 Pursuant to 40 CFR 1506.9. EIS No. 040139, Draft EIS, FHW, WI, EIS No. 040226, Final EIS, FHW, NH, I– Wisconsin Highway Project, Enhance Notice of Agreements Filed 93 Highway Improvements, Salem to the Mobility of Motorized and Manchester, Funding, NPDES and Nonmotorized Travel, U.S. 18/151 The Commission hereby gives notice U.S. Army COE Section 404 Permits (Verona Road) and the U.S. 12/14 of the filing of the following agreements Issuance, Hillsborough and (Beltine) Corridors, Dane County, WI, under the Shipping Act of 1984. Rockingham Counties, NH, Wait Comment Period Ends: June 8, 2004, Interested parties can review or obtain Period Ends: June 21, 2004, Contact: Contact: Johnny M. Gerbitz (608) 829– copies of agreements at the Washington, William F. O’Donnell, P.E (603) 228– 7500. Revision of FR Notice Published DC offices of the Commission, 800 3057. on 4/02/2004: CEQ Comment Period North Capitol Street, NW., Room 940. EIS No. 040227, Draft EIS, SFW, ME, Ending on 05/17/2004 has been Interested parties may submit comments Petit Manan National Wildlife Refuge Extended to 5/08/2004. on an agreement to the Secretary, Complex, Comprehensive EIS No. 040144, Draft EIS, AFS, NV, Federal Maritime Commission, Conservation Plan, Implementation, Martin Basin Rangeland Project, Washington, DC 20573, within 10 days the Gulf of Maine, Comment Period Authorize Continued Livestock of the date this notice appears in the Ends: July 6, 2004, Contact: Nancy Grazing in Eight Allotments: Martin Federal Register. McGarigal (413) 253–8562. Basin, Indian, West Side Flat Creek, Agreement No.: 011882. EIS No. 040228, Draft Supplement, Buffalo, Bradshaw, Buttermilk, Title: Zim/COSCON Slot Charter FHW, AR, Springdale Northern Granite Peak and Rebel Creek Cattle Agreement. Bypass Projects, U.S. Highway 412 and Horse Allotments, Humboldt- Parties: Cosco Container Lines Co. Construction, Additional Information Toiyabe National Forest, Santa Rosa Ltd. and Zim Israel Navigation Designation of a Preferred Alternative, Ranger District, Humboldt County, Company Ltd. Funding and NPDES Permit Issuance, NV, Comment Period Ends: July 1, Synopsis: The agreement authorizes Benton and Washington Counties, AR, 2004, Contact: Steve Williams (775) the parties to charter space to/from one Comment Period Ends: July 10, 2004, 623–5025. Ext 112 Revision of FR another in the trade between North Contact: Randal Looney (501) 324– Notice Published on 4/02/2004: CEQ Europe and the Mediterranean and the 6430. Comment Period Ending 5/17/2004 United States East Coast. The agreement EIS No. 040229, Final EIS, FHW, WA, I– has been Extended to 7/1/2004. replaces with no changes the parties’ 90 Two-Way Transit and HOV EIS No. 040156, Draft EIS, AFS, UT, previous agreement that expired by its Operation Project, Provision of Wasatch Powderbird Guides Permit own terms on May 1, 2004. The parties Reliable Transportation between Renewal, Authorization to Continue request expedited review. Seattle and Bellevue, Sound Transit Providing Guided Helicopter Skiing Dated: May 18, 2004. Regional Express, U.S. Coast Guard Activities on National Forest System By Order of the Federal Maritime and U.S. Army COE Nationwide (NFS) Land on the Wasatch-Cache Commission. Permits Issuance, King County, WA, and Uinta National Forests, Special- Bryant L. VanBrakle, Use Permit (SUP), Provo and Salt Wait Period Ends: June 21, 2004, Secretary. Lake City, UT, Comment Period Ends: Contact: James A. Leonard (360) 753– [FR Doc. 04–11565 Filed 5–20–04; 8:45 am] 9408. June 7, 2004, Contact: Steve Scheid EIS No. 040230, Final EIS, AFS, ND, (801) 733–2689. Revision of FR Notice BILLING CODE 6730–01–P Equity Oil Company Federal 32–4 and Published on 4/09/2004: CEQ 23–21 Oil and Gas Wells Surface Use Comment Period Ending 05/24/2004 Plan of Operation (SUP0), has been Extended to 6/07/2004. FEDERAL RESERVE SYSTEM This document is available on the Implementation, Located in the Bell Formations of, Acquisitions by, and Internet at: http://www.fs.fed.us/r4/ Lake Inventoried Roadless Area (IRA), Mergers of Bank Holding Companies; wcnf/projects/proposed/index.shmt1. Dakota Prairie Grasslands, Medora Correction Ranger District, Golden Valley EIS No. 040219, Final EIS, AFS, WI, County, ND, Wait Period Ends: June Programmatic EIS—Cheguamegon- This notice corrects a notice (FR Doc. 21, 2004, Contact: Jeff Adams (701) Nicolet National Forests Revised Land 04–10852) published on page 26606 of 225–5151. and Resource Management Plan, the issue for Thursday, May 13, 2004. EIS No. 040231, Draft EIS, AFS, OR, Implementation, Ashland, Bayfield, Under the Federal Reserve Bank of Davis Fire Recovery Project, Moving Florence, Forest, Langlade, Oconto, San Francisco heading, the entry for Resource Conditions Closer to the Oneida, Price, Sawyer, Taylor and First Banks, Inc., St. Louis, Missouri, is Desired Conditions, Deschutes Vilas Counties, CA, Wait Period Ends: revised to read as follows: National Forest, Crescent Ranger June 14, 2004, Contact: Sally Hess- A. Federal Reserve Bank of St. Louis District, Deschutes and Klamath Samuelson (715) (Randall C. Sumner, Vice President) 411

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Locust Street, St. Louis, Missouri http://www.federalreserve.gov/ card transaction during the statement 63166–2034: generalinfo/foia/ProposedRegs.cfm. period, as well as information regarding 1. First Banks, Inc., St. Louis, • Federal eRulemaking Portal: http:// the source and recipient of such fee, Missouri, and its subsidiary, The San www.regulations.gov. Follow the along with a summary of the total Francisco Company San Francisco, instructions for submitting comments. amount of such fees for the period. California; to acquire 100 percent of the • E-mail: Point-of-Sale Transactions. When a voting shares of Continental Mortgage [email protected]. consumer uses a debit card to make a Corporation–Delaware, Aurora, Illinois, Include docket number in the subject point-of-sale purchase, the parties to the and thereby indirectly acquire voting line of the message. transaction are typically the consumer, shares of Continental Community Bank • FAX: 202/452–3819 or 202/452– the merchant, the merchant’s bank, and and Trust Company, Aurora, Illinois. 3102. the consumer’s account-holding bank. Comments on this application must • Mail: Jennifer J. Johnson, Secretary, The consumer presents a debit card to be received by June 7, 2004. Board of Governors of the Federal the merchant to make a purchase, or ‘‘swipes’’ the card through the Board of Governors of the Federal Reserve Reserve System, 20th Street and System, May 17, 2004. Constitution Avenue, NW., Washington, merchant’s POS electronic reader to initiate the process of having the Robert deV. Frierson, DC 20551. All public comments are available purchase amount debited from the Deputy Secretary of the Board. from the Board’s Web site at http:// consumer’s checking account. In order [FR Doc. 04–11474 Filed 5–20–04; 8:45 am] www.federalreserve.gov/generalinfo/ to enable the account-holding BILLING CODE 6210–01–S foia/ProposedRegs.cfm as submitted, institution to identify the consumer as except as necessary for technical provided by current regulation, and reasons. Accordingly, your comments authorize the electronic fund transfer, FEDERAL RESERVE SYSTEM will not be edited to remove any the consumer is asked either to enter a identifying or contact information. personal identification number (‘‘PIN’’), [Docket No. OP–1196] Public comments may also be viewed for an ‘‘online’’ debit, or is asked to provide a signature, for an ‘‘offline’’ Notice of Study electronically or in paper in Room MP– 500 of the Board’s Martin Building (20th debit. If the transaction is successfully AGENCY: Board of Governors of the and C Streets, NW.) between 9 a.m. and processed, the consumer will receive Federal Reserve System. 5 p.m. on weekdays. the goods or services sought, an account at the consumer’s bank will be debited, ACTION: Notice of study and request for FOR FURTHER INFORMATION CONTACT: and the merchant’s account at the Information. Daniel Lonergan, Counsel, Division of merchant’s bank will be credited. Consumer and Community Affairs, This is a simplified description of the SUMMARY: The Board is conducting a Board of Governors of the Federal study about disclosures of debit card debit card transaction process, as the Reserve System, at (202) 452–3667 or transaction information described above fees, at the request of members of the 452–2412. For users of United States Senate Committee on is commonly carried over one or Telecommunications Device for the Deaf multiple networks to obtain Banking, Housing, and Urban Affairs. In (‘‘TDD’’) only, contact (202) 263–4869. connection with the study, the Board authorization for the transaction, and SUPPLEMENTARY INFORMATION: solicits comment on whether the commonly involves additional third- existing disclosures required by the I. Background party participants. Moreover, the use of Electronic Fund Transfer Act adequately such networks and participants can At the request of members of the U.S. result in the imposition of fees such as inform consumers of fees imposed by a Senate Committee on Banking, Housing, financial institution that holds the interchange fees that can result in costs and Urban Affairs, the Board is to, or revenue for, the various parties consumer’s account and has issued a initiating a study of the disclosure of debit card (‘‘account-holding involved. fees imposed by financial institutions The number of cards in circulation institution’’) when the debit card is used that hold a consumer’s account and with a debit function is estimated to be to make a purchase from a merchant (or have issued a debit card to access the approximately 287 million, and the other provider of services). The Board account (‘‘account-holding institution’’). number of POS debit card ‘‘readers’’ has also seeks the public’s views on the The Board is specifically studying the risen dramatically. Consequently, the need for, and the potential benefits of, fees imposed by such account-holding use of debit cards at point-of-sale—both requiring additional disclosures in each institutions when consumers engage in online (PIN-based) and offline periodic account activity statement to debit card purchase transactions with a (signature-based)—has risen sharply reflect fees imposed by account-holding merchant (or other provider of services), since the mid-1990s.1 While PIN-based institutions for debit card use. Lastly, otherwise known as ‘‘point-of-sale’’ or debit’s share of total debit transactions the Board seeks comment on the ‘‘POS’’ transactions. The Board has been was greater than signature-based debit’s benefits of requiring disclosure of the asked to consider whether existing share in the early-1990s, this is no amount, source, and recipient of each disclosure requirements are adequate longer true. Both PIN-based debit and such fee, as well as a summary of the and effective in making consumers signature-based debit continue to show total amount of such fees for the period, aware of the imposition of debit card and calendar year-to-date. transaction fees by their financial 1 For additional historical and statistical DATES: Comments must be received on institution. Further, the Board has been information regarding the ATM and debit card or before July 23, 2004. industry, as well as information on industry asked to consider the possible benefits structure, pricing, transaction settlement and ADDRESSES: You may submit comments, of requiring additional disclosures in a processing, and emerging policy issues, see ‘‘A identified by Docket No. OP–1196, by consumer’s periodic account activity Guide to the ATM and Debit Card Industry,’’ F. any of the following methods: statement that would inform the Hayashi, R. Sullivan, and S. Weiner, Federal • Reserve Bank of Kansas City, 2003 (available in Agency Web Site: http:// consumer of the amount of each fee electronic form from the Federal Reserve Bank of www.federalreserve.gov. Follow the imposed by the account-holding Kansas City’s Web site, http://www.kc.frb.org under instructions for submitting comments at institution in connection with a debit ‘‘Publications & Education Resources’’).

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strong growth. The differing costs of, in 1978, sets forth the existing Comment 7(b)(5)–3. Thus, the particular and fees generated by, PIN-based and disclosure requirements governing fee that an account-holding institution signature-based debit transactions have electronic fund transfers (EFTs). The imposes when its customer engages in a resulted in account-holding institutions general purpose of the EFTA is to POS debit transaction must be disclosed and merchants favoring, and promoting, provide a basic framework for under this initial disclosure different methods of debit transactions. establishing the rights, liabilities, and requirement. For instance, as a general matter, an responsibilities of participants in EFT Periodic Statement Disclosures. account-holding bank can receive systems. The types of transfers covered Under § 205.9(b), for each account to or greater revenue as a result of the by the EFTA include transfers initiated from which EFT can be made, a interchange fees paid when a consumer through an automated teller machine, financial institution must send the chooses a signature-based debit point-of-sale terminal, automated consumer a periodic statement. 12 CFR transaction. Thus, these card-issuing, clearinghouse, telephone bill-payment § 205.9(b). This statement must be sent account-holding banks encourage the plan, or remote banking program. The for each monthly cycle in which an EFT use of offline, signature-based statute and regulation require the has occurred, and must be sent at least transactions. Merchants, on the other disclosure of terms and conditions of an quarterly even if no such transfer has hand, generally prefer that consumers EFT service; the documentation of occurred. In addition to other choose online, PIN-based debit electronic transfers by means of information, this statement must set transactions in order to reduce their terminal receipts and periodic account forth ‘‘[t]he amount of any fees assessed costs-per-transaction by minimizing the statements; limitations on consumer against the account during the statement interchange fees they may need to pay. liability for unauthorized transfers; period for electronic fund transfers, for Congressional Concerns and PIN Fees. procedures for the resolution of errors; the right to make transfers, or for In an effort to encourage their debit card and certain rights related to account maintenance.’’ § 205.9(b)(3). holders to choose signature-based, preauthorized EFTs. The Official Staff Commentary to this offline transactions and offset the The EFTA is implemented by the provision provides additional revenue lost when their account-holding Board’s Regulation E (12 CFR part 205), clarification that is relevant to customers choose online debit, some and these regulatory requirements are commenters, the goals of the requested account-holding institutions are interpreted by the Official Staff study, and to consumers. The fees to be charging their cardholders a fee when Commentary (12 CFR part 205 (Supp. disclosed in the periodic statement may the customer uses the institution’s debit I)). The Official Staff Commentary include fees for EFTs as well as for card to make a point of sale purchase facilitates compliance and provides other, non-electronic services (both and chooses the online, PIN-based protection from civil liability, under fixed and per-item fees). Significantly, method (resulting in a ‘‘PIN-use’’ fee). § 915(d)(1) of the act, for financial these fees may be stated ‘‘as a total or The recent request by some members of institutions that act in conformity with may be itemized in part or in full.’’ See Congress that the Board study the issue it. The commentary is updated comment 9(b)(3)–1. Thus, for example, of debit fees reflects concern that periodically, as necessary, to address if an account-holding institution consumers may be unaware, or not significant questions that arise. imposes fees on the consumer for an adequately informed, that their own Generally, the EFTA and Regulation E online POS debit transaction, these fees bank may impose such PIN fees when provide for disclosures to consumers must be disclosed in the periodic the consumer chooses online debit. It about fees related to EFTs (including statement but may be aggregated with may also reflect the belief that, unlike POS transactions) at three points in other fees; a per-transaction itemization the various fees and surcharges that a time: of each fee imposed by the card-issuing consumer may be assessed in an ATM • In the initial disclosures provided bank for a POS debit transaction is transaction, PIN-use fees assessed at the at the time the consumer contracts for permitted, but not required by the point of sale may not be adequately an EFT under Section 905(a) of the regulations. disclosed or timely disclosed at the EFTA (which includes POS transfers); Disclosures Contained in Receipts point of sale, or might be inadequately • In periodic account statements Provided at Electronic Terminals. Under disclosed in the regular account provided under Section 906(c); and § 205.9(a), financial institutions must statement the consumer receives after • On receipts provided at an make a receipt available to a consumer the debit purchase date. electronic terminal at the time a transfer at the time the consumer initiates an As detailed below, the Board solicits is initiated under Section 906(a). EFT ‘‘at an electronic terminal,’’ which comments from all interested parties on These express statutory requirements includes a POS terminal. § 205.2(h). The these issues. The Board will consider are implemented in detail by Regulation Official Staff Commentary expressly these public comments in developing a E. 12 CFR §§ 205.7(b), 205.9(a) and (b). provides that ‘‘[a]n account-holding final report to be submitted to the U.S. Initial Disclosures. Under § 205.7(b), a institution may make terminal receipts Senate Committee on Banking, Housing, financial institution must make initial available through third parties such as and Urban Affairs in November 2004, disclosures at the time a consumer merchants or other financial which will address these specific contracts for an EFT service, or before institutions.’’ See comment 9(a)–2. questions, as well as additional issues the first EFT is made involving the Consequently, when a debit card is used expressly identified by the Committee. consumer’s account. In addition to other at point-of-sale, the merchant provides a information, these disclosures must terminal receipt that contains the II. Existing Fee Disclosure state ‘‘[a]ny fees imposed by the information that the account-holding Requirements financial institution for electronic fund institution is required to provide to the The following summary of current transfers or the right to make transfers.’’ consumer. disclosure requirements provides 12 CFR § 205.7(b)(5). As explained in Certain information is required to be context so that commenters may more the Official Staff Commentary to this provided on the terminal receipt. fully address the adequacy of existing section, the fees addressed by this Section 205.9(a)(1) provides that the disclosures. disclosure requirement are those fees amount of the transfer must be stated, The Electronic Fund Transfers Act imposed on the consumer by the along with other information such as the (EFTA), 15 U.S.C. 1693 et seq., enacted account-holding institution. See date the transfer is initiated, the type of

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transfer, the terminal location, and other be more effective as initial disclosures, DEPARTMENT OF HEALTH AND information. A transaction fee, however, disclosures provided as part of the HUMAN SERVICES must be disclosed on the receipt, and consumer’s periodic account activity additionally displayed on or at the statement, or disclosures included Centers for Disease Control and terminal, only if the fee is included in within information available on a Prevention the amount of the transfer. If such fee is terminal receipt. If enhanced [30Day–35–04] not included in the transfer amount, the disclosures are recommended, receipt need not state the fee and the commenters are also asked to address Proposed Data Collections Submitted display requirements are not triggered. whether such PIN-use fees should be for Public Comment and Thus, by way of example, assume that separately disclosed, or whether such Recommendations an account-holding institution charges its customer a $1.00 transaction or PIN- fees may be aggregated with other The Centers for Disease Control and use fee each time the customer uses the disclosed fees. Prevention (CDC) publishes a list of institution’s debit card for an online The Board also solicits specific information collection requests under POS transaction. If the debit card is comment on the need for, and benefits review by the Office of Management and used at point-of-sale to purchase a $20 of, requiring additional disclosures in Budget (OMB) in compliance with the item, and the ‘‘amount of the transfer’’ the periodic statement provided by the Paperwork Reduction Act (44 U.S.C. on the receipt is identified as ‘‘$21.00’’ account-holding financial institution to chapter 35). To request a copy of these (that is, the PIN-use fee is included in the consumer. In particular, if requests, call the CDC Reports Clearance Officer at (404) 498–1210. Send written the amount of the transfer), then the commenters believe that additional comments to CDC, Desk Officer, Human $1.00 fee must be disclosed on the periodic statement disclosures would be receipt and displayed on or at the Resources and Housing Branch, New beneficial, commenters are asked to Executive Office Building, Room 10235, terminal, or on the terminal screen. If, address whether the periodic statement however, the ‘‘amount of the transfer’’ is Washington, DC 20503 or by fax to (202) should reflect some or all of the identified only as ‘‘$20.00,’’ the 395–6974. Written comments should be following: § 205.9(a) receipt requirements impose received within 30 days of this notice. no such disclosure obligation. The fees • The amount of each fee imposed by Proposed Project: Assessment of imposed by the account-holding the account-holding financial institution Educational Materials and Information institution would still need to be on the consumer in connection with a Distribution Systems—New—National disclosed under the initial disclosures debit card transaction at point-of-sale; Center for Infectious Diseases (NCID), Centers for Disease Control and under § 205.7(b)(5) however, and in the • The source and recipient of any Prevention (CDC). periodic statement sent to the consumer such fee; and (in either aggregated or segregated form CDC, National Center for Infectious • along with other fees) under A summary of the total amount of Diseases, Division of Healthcare Quality § 205.9(b)(3), both discussed above.2 such fees for that reporting period, and Promotion (DHQP) provides public calendar year-to-date. health prevention resources in the form III. Request for Comment of notices about adverse outcomes, and The Board requests comments on the IV. Form of Comment Letters educational products and materials to extent to which these existing EFTA and Commenter letters should refer to assist healthcare personnel in Regulation E disclosures are adequate Docket No. OP–1196 and, when monitoring and preventing infections, and effective in making consumers possible, should use a standard typeface antimicrobial resistance, and other aware of the circumstances under which adverse events. with a font size of 10 or 12; this will account-holding institutions impose a The educational materials include enable the Board to convert text fee, if applicable, when a consumer uses slides sets, web-based information and a debit card to make a purchase at point- submitted in paper form to machine- instruction, posters, video conferences, of-sale. In responding to this request, readable form through electronic and workbooks. The educational commenters are asked to address scanning, and will facilitate automated materials may be distributed through specifically whether the initial retrieval of comments for review. the Internet, postal mail, or electronic disclosures, the disclosures in periodic Comments may be mailed electronically mail. The notices include important statements, or any disclosures on to [email protected]. If alerts about healthcare-associated receipts at electronic terminals, are accompanied by an original document disease outbreaks and clusters that may effective—either separately, or in paper form, comments may also be be of national importance. These notices cumulatively—in providing consumers submitted on 31⁄2 inch computer are delivered through a voluntary Rapid with sufficient information about such diskettes in any IBM-compatible DOS- Notification System e-mail subscriber point-of-sale fee practices. To the extent or Windows-based format. list that can also rapidly gather commenters believe that enhanced fee By order of the Board of Governors of the information to assess the scope of these disclosures are recommended, Federal Reserve System, May 18, 2004. problems in U.S. healthcare facilities commenters are asked to consider and and target corrective actions or address whether such disclosures would Jennifer J. Johnson, educational strategies. Secretary to the Board. To ensure that these important 2 This provision of the regulation was originally [FR Doc. 04–11527 Filed 5–20–04; 8:45 am] functions are performed efficiently and drafted to address fees imposed by entities other BILLING CODE 6210–01–P provide the strongest public health than the consumer’s own institution, but was later amended to also include fees imposed by account- benefit possible, CDC needs to assess holding entities as well. Although the Board lacks their usability and develop strategies to specific data, it is presumed that those account- improve quality. In addition, CDC will holding institutions that impose a POS debit monitor its DHQP website and other transaction fee, or PIN fee, do not include such fee in the ‘‘amount of the transfer’’ identified on the distribution systems (e.g. electronic receipt, and thus the § 205.9(a)(1) fee disclosure mail, postal mail) and conduct requirements would not be triggered. assessments. These assessments will

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enable CDC to better assist healthcare adverse events. Data will be collected estimated annualized burden is 4,855 personnel in preventing infections, using the Internet or printed forms. The hours. antimicrobial resistance, and other

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

Assessment of Educational Materials ...... 3,125 1 10/60 Assessment of Web site ...... 25,000 1 10/60 Assessment of Knowledge, Attitudes, and Beliefs ...... 1,000 1 10/60

Dated: May 10, 2004. burden of the collection of information During 1986–2003, GISP has Alvin Hall, on respondents, including through the demonstrated the ability to effectively Director, Management Analysis and Services use of automated collection techniques achieve its objectives. The emergence of Office, Centers for Disease Control and or other forms of information resistance in the U.S. to Prevention. technology. Send comments to Sandra fluoroquinolones, commonly used [FR Doc. 04–11278 Filed 5–20–04; 8:45 am] Gambescia, CDC Assistant Reports therapies for gonorrhea was identified BILLING CODE 4163–18–P Clearance Officer, 1600 Clifton Road, through GISP and makes ongoing MS–E11, Atlanta, GA 30333 or send an surveillance critical. Emergence of e-mail to [email protected]. Written decreased susceptibility to DEPARTMENT OF HEALTH AND comments should be received within 60 fluoroquinolones among the men having HUMAN SERVICES days of this notice. sex with men (MSM) population in the U.S. was also identified through GISP in Proposed Project Centers for Disease Control and 2003. Data gathered through GISP were Prevention Gonococcal Isolate Surveillance used to change the treatment for [60Day–04–54] Project (GISP) (OMB Control No. 0920– gonorrhea for the MSM population in 0307)—Extension—National Center for April, 2004. Proposed Data Collections Submitted HIV, STD, and TB Prevention Under the GISP protocol, clinics are for Public Comment and (NCHSTP), Centers for Disease Control asked to provide 25 isolates per month. Recommendations and Prevention (CDC). However, due to low volume at some In compliance with the requirement CDC is requesting OMB approval for site, clinics submit an average of 19 of Section 3506(c)(2)(A) of the a 3-year extension of the Gonococcal isolates per clinic per month, providing Paperwork Reduction Act of 1995 for Isolate Surveillance Project (GISP), OMB an average of 108 isolates per laboratory opportunity for public comment on Control No. 0920–0307. The objectives per month. For this data collection, a proposed data collection projects, the of GISP are to: (1) Monitor trends in ‘‘response’’ is defined as the laboratory Centers for Disease Control and antimicrobial susceptibility of strains of processing and data collection/ Prevention (CDC) will publish periodic Neisseria gonorrhoeae in the U.S. and processing associated with an summaries of proposed projects. To (2) characterize resistant isolates. GISAP individual gonococcal isolate from an request more information on the provides critical surveillance for individual patient. Based on previous proposed projects or to obtain a copy of antimicrobial resistance, allowing for laboratory experience in analyzing the the data collection plans and informed treatment recommendations. gonococcal isolates, the estimated instruments, call the CDC Reports GISP was begun in 1986 as a voluntary burden for each participating laboratory Clearance Officer on (404) 498–1210. surveillance project and has involved 5 is 1 hour per response. This time Comments are invited on: (a) Whether regional laboratories and 28 publicly estimate includes the time to record the proposed collection of information funded sexually transmitted disease control strain data. We estimate 108 is necessary for the proper performance (STD) clinics around the country. The gonococcal isolates per laboratory each of the functions of the agency, including STD clinics submit up to 25 gonococcal month (total number of responses per 5 whether the information shall have isolates per month to the regional laboratories is 1,296). The estimated practical utility; (b) the accuracy of the laboratories, which measure time for clinical personnel to abstract agency’s estimate of the burden of the susceptibility to a panel of antibiotics. data is 11 minutes per response (19 proposed collection of information; (c) Limited demographic and clinical isolates per clinic per month). The ways to enhance the quality, utility, and information corresponding to the estimated annualized burden for this clarity of the information to be isolates are submitted directly by the data collection is 7,650 hours. There is collected; and (d) ways to minimize the clinics to CDC. no cost to respondents.

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

Laboratory ...... 5 1,296 1 6,480 Clinic ...... 28 228 11/60 1,170

Total ...... 33 ...... 7,650

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Dated: May 17, 2004. practical utility; (b) the accuracy of the workers, miners, painters, asbestos Alvin Hall, agency’s estimate of the burden of the removal workers, fabric mill workers, Director, Management Analysis and Services proposed collection of information; (c) and fire fighters. In addition to Office, Centers for Disease Control and ways to enhance the quality, utility, and benefiting industrial workers, the Prevention. clarity of the information to be improved testing requirements also [FR Doc. 04–11528 Filed 5–20–04; 8:45 am] collected; and (d) ways to minimize the benefit health care workers BILLING CODE 4163–18–P burden of the collection of information implementing the current CDC on respondents, including through the Guidelines for Preventing the use of automated collection techniques Transmission of Tuberculosis. DEPARTMENT OF HEALTH AND or other forms of information Regulations of the Environmental HUMAN SERVICES technology. Send comments to Sandra Protection Agency (EPA) and the Gambescia, CDC Assistant Reports Nuclear Regulatory Commission (NRC) Centers for Disease Control and Clearance Officer, 1600 Clifton Road, also require the use of NIOSH-approved Prevention MS–E11, Atlanta, GA 30333 or send an respirators. Recent developments in this [60Day–04–43] e-mail to [email protected]. Written program have provided approvals for comments should be received within 60 self-contained breathing apparatus days of this notice. Proposed Data Collections Submitted (SCBA) for use by fire fighters and other for Public Comment and Proposed Project first responders to potential terrorist Recommendations Respiratory Protective Devices, 42 attacks. NIOSH, in accordance with In compliance with the requirement CFR 84 Regulation, OMB No. 0920– implementing regulations 42 CFR 84: (1) of section 3506(c)(2)(A) of the 0109—Extension—National Institute for Issues certificates of approval for Paperwork Reduction Act of 1995 for Occupational Safety and Health respirators which have met improved opportunity for public comment on (NIOSH), Centers for Disease Control construction, performance, and proposed data collection projects, the and Prevention (CDC). protection requirements; (2) establishes Centers for Disease Control and The regulatory authority for the procedures and requirements to be met Prevention (CDC) will publish periodic National Institute for Occupational in filing applications for approval; (3) summaries of proposed projects. To Safety and Health (NIOSH) certification specifies minimum requirements and request more information on the program for respiratory protective methods to be employed by NIOSH and proposed projects or to obtain a copy of devices is found in the Mine Safety and by applicants in conducting inspections, the data collection plans and Health Amendments Act of 1977 (30 examinations, and tests to determine instruments, call the CDC Reports U.S.C. 577a, 651 et seq., and 657(g)) and effectiveness of respirators; (4) Clearance Officer on (404) 498–1210. the Occupational Safety and Health Act establishes a schedule of fees to be Comments are invited on: (a) Whether of 1970 (30 U.S.C. 3, 5, 7, 811, 842(h), charged applicants for testing and the proposed collection of information 844). These regulations have as their certification; and (5) establishes is necessary for the proper performance basis the performance tests and criteria approval labeling requirements. Cost to of the functions of the agency, including for approval of respirators used by respondents will be determined from fee whether the information shall have millions of American construction schedules.

No. of Average No. of responses burden per Total Section Data Type respondents per respond- response burden per ent (in hrs.) hours

84.11 ...... Applications ...... 43 10 63.56 27331 84.33 ...... Labeling ...... 43 10 1.54 662 84.35 ...... Modifications ...... 43 10 79.45 34164 84.41 ...... Reporting ...... 43 10 22.70 9761 84.43 ...... Record Keeping ...... 43 10 56.75 24403 84.257 ...... Labeling ...... 43 10 1.50 645 84.1103 ...... Labeling ...... 43 10 1.50 645

Total ...... 97611

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Dated: May 17, 2004. The Director, Management Analysis and of Teachers of Preventive Medicine, Research Alvin Hall, Services Office, has been delegated the Project Areas—Panel 2. Director, Management Analysis and Services authority to sign Federal Register notices For Further Information Contact: Joan Office, Centers for Disease Control and pertaining to announcements of meetings and Karr, PhD, Scientific Review Prevention. other committee management activities, for Administrator, Public Health Practice both CDC and the Agency for Toxic Program Office, Centers for Disease [FR Doc. 04–11536 Filed 5–20–04; 8:45 am] Substances and Disease Registry. BILLING CODE 4163–18–P Control, 4770 Buford Highway, NE., Dated: May 17, 2004. MS–K38, Atlanta, GA 30341, Telephone Alvin Hall, 770.488.2597. DEPARTMENT OF HEALTH AND Director, Management Analysis and Services The Director, Management Analysis HUMAN SERVICES Office, Centers for Disease Control and and Services Office, has been delegated Prevention. the authority to sign Federal Register Centers for Disease Control and [FR Doc. 04–11531 Filed 5–20–04; 8:45 am] notices pertaining to announcements of Prevention BILLING CODE 4163–18–P meetings and other committee management activities, for both CDC Disease, Disability, and Injury and the Agency for Toxic Substances Prevention and Control Special DEPARTMENT OF HEALTH AND and Disease Registry. Emphasis Panel (SEP): Cooperative HUMAN SERVICES Dated: May 17, 2004. Agreements Program Announcement Number 00075, Association of Centers for Disease Control and Alvin Hall, American Medical Colleges, Program Prevention Director, Management Analysis and Services Announcement Number 99122, Office, Centers for Disease Control and Prevention. Association of Schools of Public Disease, Disability, and Injury Health, and Program Announcement Prevention and Control Special [FR Doc. 04–11532 Filed 5–20–04; 8:45 am] Number 97014, Association of Emphasis Panel (SEP): Cooperative BILLING CODE 4163–18–P Teachers of Preventive Medicine, Agreements Program Announcement Research Project Areas—Panel 3 Number 00075, Association of American Medical Colleges, Program DEPARTMENT OF HEALTH AND In accordance with section 10(a)(2) of Announcement Number 99122, HUMAN SERVICES the Federal Advisory Committee Act Association of Schools of Public Centers for Disease Control and (Pub. L. 92–463), the Centers for Disease Health, and Program Announcement Prevention Control and Prevention (CDC) Number 97014, Association of announces the following meeting: Teachers of Preventive Medicine, Disease, Disability, and Injury Name: Disease, Disability, and Injury Research Project Areas—Panel 2 Prevention and Control Prevention and Control Special Emphasis Panel (SEP): Cooperative Agreements In accordance with section 10(a)(2) of Special Emphasis Panel (SEP): Program Announcement Number 00075, the Federal Advisory Committee Act Cooperative Agreements Program Association of American Medical Colleges, (Pub. L. 92–463), the Centers for Disease Announcement Number 00075, Program Announcement Number 99122, Control and Prevention (CDC) Association of American Medical Association of Schools of Public Health, and announces the following meeting: Colleges, Program Announcement Program Announcement Number 97014, Association of Teachers of Preventive Name: Disease, Disability, and Injury Number 99122, Association of Schools Medicine, Research Project Areas—Panel 3. Prevention and Control Special Emphasis of Public Health, and Program Times and Dates: 8 a.m.–8:30 a.m., June Panel (SEP): Cooperative Agreements Announcement Number 97014, 10, 2004 (Open). 8:30 a.m.–5 p.m., June 10, Program Announcement Number 00075, Association of Teachers of Preventive 2004 (Closed). Association of American Medical Colleges, Medicine, Research Project Areas— Place: Sheraton Midtown Atlanta Hotel at Program Announcement Number 99122, Panel 1 Colony Square, 188 14th Street at Peachtree, Association of Schools of Public Health, and In accordance with section 10(a)(2) of Atlanta, GA 30361, Telephone 404.892.6000. Program Announcement Number 97014, the Federal Advisory Committee Act Status: Portions of the meeting will be Association of Teachers of Preventive (Pub. L. 92–463), the Centers for Disease closed to the public in accordance with Medicine, Research Project Areas—Panel 2. provisions set forth in section 552b(c) (4) and Times and Dates: 8 a.m.–8:30 a.m., June 9, Control and Prevention (CDC) (6), title 5 U.S.C., and the Determination of 2004 (Open); 8:30 a.m.–5 p.m., June 9, 2004 announces the following meeting: the Director, Management Analysis and (Closed). Name: Disease, Disability, and Injury Services Office, CDC, pursuant to Public Law Place: Sheraton Midtown Atlanta Hotel at Prevention and Control Special Emphasis 92–463. Colony Square, 188 14th Street at Peachtree, Panel (SEP): Cooperative Agreements Matters to be Discussed: The meeting will Atlanta, GA 30361, Telephone 404.892.6000. Program Announcement Number 00075, include the review, discussion, and Status: Portions of the meeting will be Association of American Medical Colleges, evaluation of applications received in closed to the public in accordance with Program Announcement Number 99122, response to Cooperative Agreements Program provisions set forth in section 552b(c) (4) and Association of Schools of Public Health, and Announcement Number 00075, Association (6), Title 5 U.S.C., and the Determination of Program Announcement Number 97014, of American Medical Colleges, Program the Director, Management Analysis and Association of Teachers of Preventive Announcement Number 99122, Association Services Office, CDC, pursuant to Public Law Medicine, Research Project Areas—Panel 1. of Schools of Public Health, and Program 92–463. Times and Dates: 7 p.m.–7:30 p.m., June 7, Announcement Number 97014, Association Matters to be Discussed: The meeting will 2004 (Open); 7:30 p.m.–10 p.m., June 7, 2004 of Teachers of Preventive Medicine, Research include the review, discussion, and (Closed); 8 a.m.–5 p.m., June 8, 2004 Project Areas—Panel 3. evaluation of applications received in (Closed). Contact Person for More Information: Joan response to Cooperative Agreements Program Place: Sheraton Midtown Atlanta Hotel at F. Karr, PhD., Scientific Review Announcement Number 00075, Association Colony Square, 188 14th Street at Peachtree, Administrator, Public Health Practice of American Medical Colleges, Program Atlanta, GA 30361, Telephone 404.892.6000. Program Office, Centers for Disease Control, Announcement Number 99122, Association Status: Portions of the meeting will be 4770 Buford Highway, NE., MS–K38, Atlanta, of Schools of Public Health, and Program closed to the public in accordance with GA 30341, Telephone 770.488.2597. Announcement Number 97014, Association provisions set forth in section 552b(c)(4) and

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(6), Title 5 U.S.C., and the Determination of Association of Teachers of Preventive Premarket Notification (510(k)) the Director, Management Analysis and Medicine, Research Project Areas—Panel 4. Submissions: Effect on FDA Review Services Office, CDC, pursuant to Public Law Times and Dates: 7 p.m.–7:30 p.m., June Clock and Performance Assessment.’’ 92–463. 10, 2004 (Open). 7:30 p.m.–10 p.m., June 10, This guidance describes how FDA will Matters to be Discussed: The meeting will 2004 (Closed). 8 a.m.–5 p.m., June 11, 2004 include the review, discussion, and (Closed). assess its performance in the premarket evaluation of applications received in Place: Sheraton Midtown Atlanta Hotel at notification (510(k)) program relative to response to Cooperative Agreements Program Colony Square, 188 14th Street at Peachtree, the goals that accompany the Announcement Number 00075, Association Atlanta, GA 30361, Telephone 404.892.6000. authorization of medical device user of American Medical Colleges, Program Status: Portions of the meeting will be fees. This guidance document is Announcement Number 99122, Association closed to the public in accordance with immediately in effect, but it remains of Schools of Public Health, and Program provisions set forth in section 552b(c) (4) and subject to comment in accordance with Announcement Number 97014, Association (6), title 5 U.S.C., and the Determination of the agency’s good guidance practices of Teachers of Preventive Medicine, Research the Director, Management Analysis and Project Areas—Panel 1. Services Office, CDC, pursuant to Public Law (GGPs). For Further Information Contact: 92–463. DATES: Submit written or electronic Joan Karr, PhD, Scientific Review Matters To Be Discussed: The meeting will comments on this guidance at any time. Administrator, Public Health Practice include the review, discussion, and ADDRESSES: Submit written requests for Program Office, Centers for Disease evaluation of applications received in single copies on a 3.5″ diskette of the response to Cooperative Agreements Program Control, 4770 Buford Highway, NE., guidance document entitled ‘‘FDA and MS–K38, Atlanta, GA 30341, Telephone Announcement Number 00075, Association of American Medical Colleges, Program Industry Actions on Premarket 770.488.2597. Announcement Number 99122, Association Notification (510(k)) Submissions: Effect The Director, Management Analysis of Schools of Public Health, and Program on FDA Review Clock and Performance and Services Office, has been delegated Announcement Number 97014, Association Assessment’’ to the Division of Small the authority to sign Federal Register of Teachers of Preventive Medicine, Research Manufacturers, International, and notices pertaining to announcements of Project Areas—Panel 4. Consumer Assistance (HFZ–220), Center meetings and other committee Contact Person for More Information: Joan for Devices and Radiological Health management activities, for both CDC F. Karr, Ph.D., Scientific Review Administrator, Public Health Practice (CDRH), Food and Drug Administration, and the Agency for Toxic Substances 1350 Piccard Dr., Rockville, MD 20850. and Disease Registry. Program Office, Centers for Disease Control, 4770 Buford Highway, NE., MS–K38, Atlanta, Send two self-addressed adhesive labels to assist that office in processing your Dated: May 17, 2004. GA 30341, Telephone 770.488.2597. request, or fax your request to 301–443– Alvin Hall, The Director, Management Analysis SUPPLEMENTARY and Services Office, has been delegated 8818. See the Director, Management Analysis and Services INFORMATION section for information on Office, Centers for Disease Control and the authority to sign Federal Register electronic access to the guidance. Prevention. notices pertaining to announcements of Submit written comments concerning meetings and other committee [FR Doc. 04–11534 Filed 5–20–04; 8:45 am] this guidance to the Division of Dockets management activities, for both CDC BILLING CODE 4163–18–P Management (HFA–305), Food and Drug and the Agency for Toxic Substances Administration, 5630 Fishers Lane, rm. and Disease Registry. 1061, Rockville, MD 20852. Submit DEPARTMENT OF HEALTH AND Dated: May 17, 2004. HUMAN SERVICES electronic comments to http:// Alvin Hall, www.fda.gov/dockets/ecomments. Centers for Disease Control and Director, Management Analysis and Services Identify comments with the docket Prevention Office, Centers for Disease Control and number found in brackets in the Prevention. heading of this document. Disease, Disability, and Injury [FR Doc. 04–11535 Filed 5–20–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Prevention and Control Special BILLING CODE 4163–18–P For device issues: Heather Rosecrans, Emphasis Panel (SEP): Cooperative Center for Devices and Radiological Agreements Program Announcement Health (HFZ–404), Food and Drug Number 00075, Association of DEPARTMENT OF HEALTH AND Administration, 9200 Corporate Blvd., American Medical Colleges, Program HUMAN SERVICES Rockville, MD 20850, 301–594–1190, Announcement Number 99122, ext. 143. Food and Drug Administration Association of Schools of Public For biologics issues: Leonard Wilson, Health, and Program Announcement [Docket No. 2003D–0538] Center for Biologics Evaluation and Number 97014, Association of Research (CBER) (HFM–25), Food and Teachers of Preventive Medicine, Guidance for Industry and Food and Drug Administration, 1401 Rockville Research Project Areas—Panel 4 Drug Administration Staff: Food and Pike, Rockville, MD 20852, 301–827– Drug Administration and Industry 0373. In accordance with section 10(a)(2) of Actions on Premarket Notification SUPPLEMENTARY INFORMATION: the Federal Advisory Committee Act Submissions: Effect on Food and Drug (Pub. L. 92–463), the Centers for Disease Administration Review Clock and I. Background Control and Prevention (CDC) Performance Assessment; Availability The Medical Device User Fee and announces the following meeting: AGENCY: Food and Drug Administration, Modernization Act of 2002 (MDUFMA) Name: Disease, Disability, and Injury (Public Law 107–250), signed into law Prevention and Control Special Emphasis HHS. ACTION: Notice. on October 26, 2002, allows FDA to Panel (SEP): Cooperative Agreements assess user fees for certain premarket Program Announcement Number 00075, Association of American Medical Colleges, SUMMARY: The Food and Drug reviews. Performance goals, referenced Program Announcement Number 99122, Administration (FDA) is announcing the in the statute, accompany the Association of Schools of Public Health, and availability of the guidance entitled authorization of medical device user Program Announcement Number 97014, ‘‘FDA and Industry Actions on fees. These goals represent a realistic

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projection of what CDRH and CBER can personal computer with Internet access. DEPARTMENT OF HEALTH AND accomplish with industry cooperation. Updated on a regular basis, the CDRH HUMAN SERVICES The guidance describes premarket home page includes device safety alerts, review cycle and decision actions and Federal Register reprints, information National Institutes of Health performance goals for premarket on premarket submissions (including Proposed Collection: Comment notification submissions (510(k)s). This lists of approved applications and guidance document is immediately in Request; NIH Customer/Partner manufacturers’ addresses), small Satisfaction Survey of Modification in effect because the agency needs to manufacturer’s assistance, information provide guidance on how it intends to procedures for Applications and on video conferencing and electronic address the performance goals it has Awards of Research Project Grants submissions, Mammography Matters, committed to meeting. On February 4, and other device-oriented information. SUMMARY: Under the provisions of 2003, FDA published a notice in the Section 3507(a)(1)(D) of the Paperwork Federal Register (68 FR 5643) to The CDRH Web site may be accessed at http://www.fda.gov/cdrh. A search Reduction Act of 1995, the Office of establish a public docket (02N–0534) so Extramural Research, the National that we could share information on the capability for all CDRH guidance Institutes of Health (NIH) has submitted implementation of MDUFMA and to documents is available at http:// to the Office of Management and Budget provide interested persons an www.fda.gov/cdrh/guidance.html. (OMB) a request to review and approve opportunity to share their views. On Guidance documents are also available the information collection listed below. December 3, 2003, the agency held an on the Division of Dockets Management The proposed information collection open public meeting to update its Internet site at http://www.fda.gov/ was previously published in the Federal stakeholders on its progress in ohrms/dockets. Register on May 23, 2002, page 36202. implementing the new law, discuss No public comments were received. The some of MDUFMA’s more challenging IV. Paperwork Reduction Act of 1995 purpose of this notice is to allow and provisions, and obtain input from This guidance contains information additional 30 days for public comment. interested parties. During the drafting of collection provisions that are subject to this guidance, the agency specifically The NIH may not conduct or sponsor, review by the Office of Management and solicited comments to the docket on and the respondent is not required to Budget (OMB) under the Paperwork several aspects of the document in respond to, and information that has Reduction Act of 1995 (44 U.S.C. 3501– recognition of the interest in this issue. been extended, revised or implemented The agency has considered all 3520) (the PRA). The collections of on or after October 1, 1995, unless it comments received to date and will information addressed in the guidance displays a currently valid OMB control accept comments on the guidance at any document have been approved by OMB number. Proposed Collection: Title: NIH time. in accordance with the PRA under the regulations premarket approval Customer/Partner Satisfaction Survey of II. Significance of Guidance applications (21 CFR part 807, OMB Modification in procedures for This guidance is being issued control number 0910–0120). Applications and Awards of Research consistent with FDA’s GGPs regulation Project Grants. Type of Information (21 CFR 10.115). The guidance V. Comments Collection Request: New request. Need represents the agency’s current thinking and Use of Information Collection: The Interested persons may submit to the information collected in these surveys on 510(k) review cycle and decision Division of Dockets Management (HFA– actions and performance goals. It does will be used by the Office of Extramural 305), Food and Drug Administration, research to evaluate the re-engineering not create or confer any rights for or on 5630 Fishers Lane, rm. 1061, Rockville, any person and does not operate to bind initiatives, including the Modular Grant MD 20852, written or electronic FDA or the public. An alternative Application Process and initiatives comments regarding this document. approach may be used if such approach under the NIH Roadmap, Initiative, satisfies the requirements of the Submit a single copy of electronic intended to facilitate application and applicable statute and regulations. comments to http://www.fda.gov/ award of Federal assistance programs dockets/ecomments. Submit two paper administered by the NIH Modular III. Electronic Access copies of any mailed comments, except Application/Grant process has been in To receive ‘‘FDA and Industry that individuals may submit one paper effect for two years. At the outset of its Actions on Premarket Notification copy. Comments are to be identified implementation, the community was (510(k)) Submissions: Effect on FDA with the docket number found in advised that the process would reduce Review Clock and Performance brackets in the heading of this administrative burden by focusing the Assessment’’ by fax machine, call the document. Comments received may be efforts of investigators, institutional CDRH Facts-on-Demand system at 800– seen in the Division of Dockets officials, and National Institutes of 899–0381 or 301–827–0111 from a Management between 9 a.m. and 4 p.m., Health (NIH) staff on the science of the touch-tone telephone. Press 1 to enter Monday through Friday. application. The NIH now believes it is the system. At the second voice prompt, an appropriate time to determine if press 1 to order a document. Enter the Dated: May 17, 2004. these objectives have been met. document number (1219) followed by Jeffrey Shuren, Frequency of response: On occasion. the pound sign (#). Follow the Assistant Commissioner for Policy. Affected Public: Institutional Officials, remaining voice prompts to complete [FR Doc. 04–11503 Filed 5–20–04; 8:45 am] Principal Investigators (PI’s), Peer your request. BILLING CODE 4160–01–S Reviewers, Program and Grants Persons interested in obtaining a copy Management Staff, Institute Budget of the guidance may also do so by using Officers. The annual reporting burden is the Internet. CDRH maintains an entry as follows: Estimated Number of on the Internet for easy access to Respondents: 1,000; Estimated Number information including text, graphics, of Responses per Respondent: 1; and files that may be downloaded to a Average Burden Hours Per Response:

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.334; and Estimated Total Burden Hours DEPARTMENT OF HOMELAND related to fishing vessel, fish processing Requested: 334. Each year we will SECURITY vessels, or fish tender vessel safety, or repeat the same survey with different personnel qualifications; (e) one respondents. There are no Capital Costs, Coast Guard member representing underwriters that Operating Costs/and or Maintenance [USCG–2004–17621] insure vessels to which Chapter 45 Costs to report. applies; and (f) three members Request for Comments: Written Commercial Fishing Industry Vessel representing the general public, Safety Advisory Committee; Vacancies comments and/or suggestions from the including whenever possible, an public and affected agencies are invited AGENCY: Coast Guard, DHS. independent expert or consultant in on one or more of the following points: ACTION: Request for applications. maritime safety and a member of a (1) Whether the proposed collection of national organization composed of information is necessary for the proper SUMMARY: The Coast Guard seeks persons representing the marine performance of the function of the applications for membership on the insurance industry. agency, including whether the Commercial Fishing Industry Vessel CFIVSAC generally meets once a year. information will have practical utility; Safety Advisory Committee (CFIVSAC). It may also meet for extraordinary CFIVSAC advises and makes (2) The accuracy of the agency’s purposes. Its subcommittees and recommendations to the Coast Guard for estimate of the burden of the proposed working groups may meet inter- improving commercial fishing industry collection of information, including the safety practices. sessionally to prepare for meetings or validity of the methodology and develop proposals for the committee as DATES: Application forms should reach assumptions used; (3) Ways to enhance a whole to address specific problems. the Coast Guard at the location noted in the quality, utility, and clarity of the ADDRESSES on or before August 15, We will consider applications for five information to be collected; and (4) 2004. positions that expire or become vacant Ways to minimize the burden of the in October 2004 in the following collection of information on those who ADDRESSES: You may request an application form by writing to categories: (a) Commercial Fishing are to respond, including the use of Industry (two positions); (b) Insurance appropriate automated, electronic, Commandant (G–MOC–3), U.S. Coast Guard, 2100 Second Street, SW., Room (one position); (c) Education (one mechanical, or other technological 1116, Washington, DC 20593–0001. position); (d) Public (one position). collection techniques or other forms of FOR FURTHER INFORMATION CONTACT: Each member serves a 3-year term. information technology. Captain Joseph A. Servidio, Executive Members may serve consecutive terms. Direct Comments to OMB: Written Director of CFIVSAC, or David W. All members serve at their own expense comments and/or suggestions regarding Beach, Assistant to the Executive and receive no salary from the Federal the item(s) contained in this notice, Director, by telephone at 202–267–0505, Government, although travel especially regarding the estimated fax 202–267–0506, e-mail: reimbursement and per diem are public burden and associated response [email protected] or http:// provided. time, should be directed to the: Office www.uscg.mil/hq/g-m/cfvs/ In support of the policy of the of Regulatory Affairs, New Executive CFIVSAC.shtml. Department of Homeland Security on Office Building, Room 10235, SUPPLEMENTARY INFORMATION: The gender and ethnic diversity, we Washington, DC 20503, Attention Desk Commercial Fishing Industry Vessel encourage qualified women and Officer for NIH. To request more Safety Advisory Committee (CFIVSAC) members of minority groups to apply. information on the proposed project or is a Federal advisory committee under to obtain a copy of the data collection 5 U.S.C. App. 2. As required by the You may request an application form plans and instruments, contact Dr. Commercial Fishing Industry Vessel by writing to Commandant (G–MOC–3), Anthony Demsey, OD, NIH, Building 1, Safety Act of 1988. The Coast Guard U.S. Coast Guard, 2100 Second Street, Room 152, Bethesda, MD 20892–7974, established CFIVSAC to provide advice SW., Room 1116, Washington, DC or call non-toll-free number (301) 496– to the Coast Guard on issues related to 20593–0001; by calling 202–267–0478; 0232, or E-mail your request, including the safety of commercial fishing vessels by faxing 202–267–0506; or by e-mailing your address to: [[email protected]] regulated under Chapter 45 of Title 46, [email protected]. This notice and the application are also available on Comments Due Date: Comments United States Code, which includes uninspected fishing vessels, fish the Internet at http://dms.dot.gov. regarding this information collection are processing vessels, and fish tender best assured of having their full effect if If you are selected as a member vessels. (See 46 U.S.C. 4508.) representing the general public, you are received within 30-days of the date of CFIVSAC consists of 17 members as required to complete a Confidential this publication. follows: (a) Ten members from the Financial Disclosure Report (OGE Form Dated: May 14, 2004. commercial fishing industry who reflect 450). We may not release the report or Charles Mackay, a regional and representational balance and have experience in the operation of the information in it to the public, Chief, Project Clearance Branch, OPERA, except under an order issued by a OER, National Institutes olf Health. vessels to which Chapter 45 of Title 46, United States Code applies, or as a crew Federal Court or as otherwise provided [FR Doc. 04–11469 Filed 5–20–04; 8:45 am] member or processing line member on under the Privacy Act (5 U.S.C. 552a). BILLING CODE 4140–01–M an uninspected fish processing vessel; Dated: April 29, 2004. (b) one member representing naval Joseph J. Angelo, architects or marine surveyors; (c) one Director of Standards, Marine Safety, Security member representing manufacturers of & Environmental Protection. vessel equipment to which Chapter 45 [FR Doc. 04–11588 Filed 5–20–04; 8:45 am] applies; (d) one member representing education or training professionals BILLING CODE 4910–15–P

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DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use 5180; Coast Guard: Commandant, URBAN DEVELOPMENT only’’ recipients of the property will be United States Coast Guard, ATTN: required to relocate the building to their Teresa Sheinberg, 2100 Second St., SW., [Docket No. FR–4901–N–21] own site at their own expense. Rm 6109, Washington, DC 20314–1000; Federal Property Suitable as Facilities Homeless assistance providers (202) 267–6142; GSA: Mr. Brian K. To Assist the Homeless interested in any such property should Polly, Assistant Commissioner, General send a written expression of interest to Services Administration, Office of AGENCY: Office of the Assistant HHS, addressed to Heather Ranson, Property Disposal, 18th and F Streets, Secretary for Community Planning and Division of Property Management, NW., Washington, DC 20405; (202) 501– Development, HUD. Program Support Center, HHS, room 0084; Energy: Mr. Andy Duran, ACTION: Notice. 5B–41, 5600 Fishers Lane, Rockville, Department of Energy, Office of MD 20857; (301) 443–2265. (This is not Engineering & Construction SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the Management, ME–90, 1000 unutilized, underutilized, excess, and interested provider an application Independence Ave., SW., Washington, surplus Federal property reviewed by packet, which will include instructions DC 20585; (202) 586–4548; Interior: Ms. HUD for suitability for possible use to for completing the application. In order Linda Tribby, Acquisition & Property assist the homeless. to maximize the opportunity to utilize a Management, Department of the FOR FURTHER INFORMATION CONTACT: suitable property, providers should Interior, 1849 C Street, NW., MS5512, Kathy Burruss, room 7266, Department submit their written expressions of Washington, DC 20240; (202) 219–0728; of Housing and Urban Development, interest as soon as possible. For Navy: Mr. Charles C. Cocks, Director, 451 Seventh Street SW., Washington, complete details concerning the Department of the Navy, Real Estate DC 20410; telephone (202) 708–1234; processing of applications, the reader is Policy Division, Naval Facilities TTY number for the hearing- and encouraged to refer to the interim rule Engineering Command, Washington speech-impaired (202) 708–2565 (these governing this program, 24 CFR part Navy Yard, 1322 Patterson Ave., SE., telephone numbers are not toll-free), or 581. Suite 1000, Washington, DC 20374– call the toll-free Title V information line For properties listed as suitable/to be 5065; (202) 685–9200; (These are not at 1–800–927–7588. excess, that property may, if toll-free numbers). subsequently accepted as excess by SUPPLEMENTARY INFORMATION: Dated: May 13, 2004. In GSA, be made available for use by the accordance with 24 CFR part 581 and homeless in accordance with applicable Mark R. Johnston, section 501 of the Stewart B. McKinney law, subject to screening for other Acting Director, Office of Special Needs Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, Assistance Programs. 11411), as amended, HUD is publishing HUD will publish the property in a Title V, Federal Surplus Property Program this Notice to identify Federal buildings Notice showing it as either suitable/ Federal Register Report for 5/21/04 and other real property that HUD has available or suitable/unavailable. Suitable/Available Properties reviewed for suitability for use to assist For properties listed as suitable/ Buildings (by State) the homeless. The properties were unavailable, the landholding agency has Florida reviewed using information provided to decided that the property cannot be Federal Building 124 S. Tennessee Avenue HUD by Federal landholding agencies declared excess or made available for Lakeland Co: Polk FL regarding unutilized and underutilized use to assist the homeless, and the Landholding Agency: GSA buildings and real property controlled property will not be available. Property Number: 54200420010 by such agencies or by GSA regarding Status: Surplus Properties listed as unsuitable will Comment: 7575 sq. ft., will be vacant March its inventory of excess or surplus not be made available for any other 2005, historic covenants Federal property. This Notice is also purpose for 20 days from the date of this GSA Number: 4–G–FL–1217 published in order to comply with the Notice. Homeless assistance providers Kentucky December 12, 1988 Court Order in interested in a review by HUD of the National Coalition for the Homeless v. determination of unsuitability should Tract 3018 Berea Ranger District Veterans Administration, No. 88–2503– call the toll free information line at 1– 125 Cherry Road OG (D.D.C.). 800–927–7588 for detailed instructions Berea Co: KY 40403– Properties reviewed are listed in this or write a letter to Mark Johnston at the Landholding Agency: GSA Notice according to the following address listed at the beginning of this Property Number: 54200420014 categories: Suitable/available, suitable/ Notice. Included in the request for Status: Excess unavailable, suitable/to be excess, and review should be the property address Comment: 1696 sq. ft., needs repair, possible unsuitable. The properties listed in the (including zip code), the date of lead-based paint, most recent use— three suitable categories have been residential publication in the Federal Register, the GSA Number: 4–A–KY–0616 reviewed by the landholding agencies, landholding agency, and the property and each agency has transmitted to number. Texas HUD: (1) Its intention to make the For more information regarding Cotulla Border Station property available for use to assist the particular properties identified in this 602 N. Main Street homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing Cotulla Co: LaSalle TX 78014– Landholding Agency: GSA property excess to the agency’s needs, or sanitary facilities, exact street address), Property Number: 54200420008 (3) a statement of the reasons that the providers should contact the Status: Surplus property cannot be declared excess or appropriate landholding agencies at the Comment: 2190 sq. ft., cinder block, presence made available for use as facilities to following addresses: Army: Ms. Julie of asbestos/lead paint, most recent use— assist the homeless. Jones-Conte, Department of the Army, border patrol office, subject to existing Properties listed as suitable/available Office of the Assistant Chief of Staff for easements will be available exclusively for Installation Management, Attn: DAIM– GSA Number: 7–D–CO–0648 homeless use for a period of 60 days MD, Room 1E677, 600 Army Pentagon, Wisconsin from the date of this Notice. Where Washington, DC 20310–0600; (703) 602– SSA Office Building

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203 West Court Street Unsuitable Properties Marine Corps Base Janesville Co: WI 53545– Camp Pendleton Co: CA 92055– Buildings (by State) Landholding Agency: GSA Landholding Agency: Navy Property Number: 54200420009 Alabama Property Number: 77200420021 Status: Surplus Bldg. 00014 Status: Excess Comment: 6278 sq. ft. w/parking, most recent Redstone Arsenal Reason: Extensive deterioration use—office Redstone Arsenal Co: Madison AL 35898– Bldg. 2660 GSA Number: 1–G–WI–604 5000 Marine Corps Base Land (by State) Landholding Agency: Army Camp Pendleton Co: CA 92055– Property Number: 21200420068 Landholding Agency: Navy Kansas Status: Unutilized Property Number: 77200420022 Parcels 2, 3, 4, 5 Reasons: Secured Area, Extensive Status: Excess Portions/Milford Lake deterioration Reason: Extensive deterioration Hwy 77 Bldg. 00039 Bldg. 1223 Junction City Co: Geary KS Redstone Arsenal Marine Corps Base Landholding Agency: GSA Redstone Arsenal Co: Madison AL 35898– Camp Pendleton Co: CA 92055– Property Number: 54200420006 5000 Landholding Agency: Navy Status: Excess Landholding Agency: Army Property Number: 77200420023 Comment: 2 = 2.2 acres, 3 = 8.4 acres, 4 = Property Number: 21200420069 Status: Excess 20 acres, 5 = 97.6 acres, most recent use— Status: Unutilized Reasons: Secured Area, Extensive forestry research Reasons: Secured Area, Extensive deterioration GSA Number: 7–GR–KS–0497 deterioration Bldg. 2514 Mississippi Bldg. 03438 Marine Corps Base Camp Pendleton Co: CA 92055– Communication Tower Site Redstone Arsenal Landholding Agency: Navy Kiln Co: MS Redstone Arsenal Co: Madison AL 35898– Property Number: 77200420024 Landholding Agency: GSA 5000 Status: Excess Property Number: 54200420013 Landholding Agency: Army Reasons: Secured Area, Extensive Status: Excess Property Number: 21200420070 deterioration Comment: 3.20 acre w/VHF tower and Status: Unutilized storage bldg., encumbered by an easement Reasons: Secured Area, Extensive Bldg. 2660 and a license deterioration Marine Corps Base GSA Number: 4–D–MS–563A Bldg. 04709 Camp Pendleton Co: CA 92055– Redstone Arsenal Landholding Agency: Navy Pennsylvania Redstone Arsenal Co: Madison AL 35898– Property Number: 77200420025 Tract RA34 5000 Status: Excess Indian Rock Dam Landholding Agency: Army Reasons: Secured Area, Extensive Joseph Road Property Number: 21200420071 deterioration New Salem Co: York PA 17403– Status: Unutilized Bldgs. 14103, 14104 Landholding Agency: GSA Reasons: Secured Area, Extensive Marine Corps Base Property Number: 54200420015 deterioration Camp Pendleton Co: CA 92055– Status: Excess Bldgs. 01421, 01108 Landholding Agency: Navy Comment: 3.26 acres, most recent use— Fort Rucker Property Number: 77200420026 wildlife management Ft. Rucker Co: Dale AL 36362– Status: Excess GSA Number: 4–D–PA–0797 Landholding Agency: Army Reasons: Secured Area, Extensive Suitable/Unavailable Properties Property Number: 21200420072 deterioration Status: Unutilized Bldg. 27604 Buildings (by State) Reason: Extensive deterioration Marine Corps Base Hawaii Bldg. 26601 Camp Pendleton Co: CA 92055– Bldg. 284 Fort Rucker Landholding Agency: Navy Naval Station Kinston Co: Coffee AL 36453– Property Number: 77200420027 Pearl Harbor Co: Honolulu HI 96860–4100 Landholding Agency: Army Status: Excess Landholding Agency: Navy Property Number: 21200420073 Reasons: Secured Area, Extensive Property Number: 77200420031 Status: Unutilized deterioration Status: Unutilized Reason: Extensive deterioration Bldg. 43311 Comment: 22,304 sq. ft., possible asbestos/ Alaska Marine Corps Base lead paint, most recent use—office Camp Pendleton Co: CA 92055– Bldg. 651 Landholding Agency: Navy Bldg. 285 Fort Greely Naval Station Property Number: 77200420028 Delta Junction Co: Fairbanks AK 99737– Status: Excess Pearl Harbor Co: Honolulu HI 96860–4100 Landholding Agency: Army Landholding Agency: Navy Reasons: Secured Area, Extensive Property Number: 21200420066 deterioration Property Number: 77200420032 Status: Unutilized Status: Unutilized Reasons: Secured Area, Extensive Bldg. 178 Comment: 960 sq. ft., possible asbestos/lead deterioration Naval Air Facility paint, most recent use—storage El Centro Co: CA 92243– Bldg. 659 Landholding Agency: Navy Land (by State) Fort Greely Property Number: 77200420035 Hawaii Delta Junction Co: Fairbanks AK 99737– Status: Unutilized Landholding Agency: Army Reasons: Within 2000 ft. of flammable or PSD Parcel Property Number: 21200420067 Naval Station explosive material Secured Area, Extensive Status: Unutilized deterioration Pearl Harbor Co: Honolulu HI 96860–4100 Reasons: Secured Area, Extensive Landholding Agency: Navy deterioration Bldg. 187 Property Number: 77200420033 Naval Air Facility Status: Unutilized California El Centro Co: CA 92243– Comment: 8.35 acres Bldg. 62458 Landholding Agency: Navy

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Property Number: 77200420036 Jacksonville Co: Duval FL 32212– Property Number: 21200420167 Status: Unutilized Landholding Agency: Navy Status: Unutilized Reasons: Within 2000 ft. of flammable or Property Number: 77200420030 Reason: Extensive deterioration explosive material Secured Area, Extensive Status: Unutilized Bldg. 00465 deterioration Reason: Extensive deterioration Fort Gordon Bldg. 197 Georgia Ft. Gordon Co: Richmond GA 30905– Naval Air Facility Landholding Agency: Army El Centro Co: CA 92243– Bldg. 00111 Property Number: 21200420168 Landholding Agency: Navy Fort Gillem Status: Unutilized Property Number: 77200420037 Forest Park Co: Clayton GA 30297–5122 Reason: Extensive deterioration Landholding Agency: Army Status: Unutilized Bldg. 00466 Property Number: 21200420074 Reasons: Within 2000 ft. of flammable or Fort Gordon Status: Unutilized explosive material Secured Area, Extensive Ft. Gordon Co: Richmond GA 30905– Reason: Extensive deterioration deterioration Landholding Agency: Army Bldg. 404 Colorado Property Number: 21200420169 Fort Gillem Status: Unutilized Bldg. T223 Forest Park Co: Clayton GA 30297– Reason: Extensive deterioration Fort Carson Landholding Agency: Army Bldgs. 00468, 00471 Ft. Carson Co: El Paso CO 80913– Property Number: 21200420075 Fort Gordon Landholding Agency: Army Status: Unutilized Ft. Gordon Co: Richmond GA 30905– Property Number: 21200420161 Reason: Extensive deterioration Status: Underutilized Landholding Agency: Army Bldg. 00813 Property Number: 21200420170 Reason: Within 2000 ft. of flammable or Fort Gillem explosive material Status: Unutilized Forest Park Co: Clayton GA 30297– Reason: Extensive deterioration Bldg. T224 Landholding Agency: Army 6 Bldgs. Fort Carson Property Number: 21200420076 Ft. Carson Co: El Paso CO 80913– Fort Gordon Status: Unutilized Ft. Gordon Co: Richmond GA 30905– Landholding Agency: Army Reason: Extensive deterioration Property Number: 21200420162 Location: 15901, 15906, 15907, 16901, 16902, Bldg. 00814 16903 Status: Underutilized Fort Gillem Reason: Within 2000 ft. of flammable or Landholding Agency: Army Forest Park Co: Clayton GA 30297– Property Number: 21200420171 explosive material Landholding Agency: Army Status: Unutilized Bldg. T225 Property Number: 21200420077 Reason: Extensive deterioration Fort Carson Status: Unutilized Bldgs. 34508, G0003 Ft. Carson Co: El Paso CO 80913– Reason: Extensive deterioration Fort Gordon Landholding Agency: Army Bldg. 00817 Ft. Gordon Co: Richmond GA 30905– Property Number: 21200420163 Fort Gillem Landholding Agency: Army Status: Underutilized Forest Park Co: Clayton GA 30297– Property Number: 21200420172 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Status: Unutilized explosive material Property Number: 21200420078 Reason: Extensive deterioration Bldg. T226 Status: Unutilized Idaho Fort Carson Reason: Extensive deterioration Ft. Carson Co: El Paso CO 80913– Bldg. 0708 Bldg. 00818 Middleton Co: Canyon ID 83644– Landholding Agency: Army Fort Gillem Property Number: 21200420164 Landholding Agency: Interior Forest Park Co: Clayton GA 30297– Property Number: 61200420005 Status: Underutilized Landholding Agency: Army Reason: Within 2000 ft. of flammable or Status: Unutilized Property Number: 21200420079 Reason: Extensive deterioration explosive material Status: Unutilized Bldg. 0051 Reason: Extensive deterioration Bldg. 0709 Middleton Co: Canyon ID 83644– Pueblo Chemical Depot Bldg. 00819 Pueblo Co: CO 81006– Landholding Agency: Interior Fort Gillem Property Number: 61200420006 Landholding Agency: Army Forest Park Co: Clayton GA 30297– Property Number: 21200420165 Status: Unutilized Landholding Agency: Army Reason: Extensive deterioration Status: Unutilized Property Number: 21200420080 Bldg. 0717 Reason: Extensive deterioration Status: Unutilized Fruitland Co: Payette ID 83619– Bldg. 00630 Reason: Extensive deterioration Pueblo Chemical Depot Landholding Agency: Interior Bldg. 00820 Property Number: 61200420007 Pueblo Co: CO 81006– Fort Gillem Landholding Agency: Army Status: Unutilized Forest Park Co: Clayton GA 30297– Reason: Extensive deterioration Property Number: 21200420166 Landholding Agency: Army Status: Unutilized Property Number: 21200420081 Iowa Reason: Extensive deterioration Status: Unutilized Bldg. 01073 Florida Reason: Extensive deterioration Iowa Army Ammo Plant Bldg. 1404 Bldg. 00822 Middletown Co: Des Moines IA 52638– Naval Air Station Fort Gillem Landholding Agency: Army Milton Co: FL 32570–6008 Forest Park Co: Clayton GA 30297– Property Number: 21200420083 Landholding Agency: Navy Landholding Agency: Army Status: Unutilized Property Number: 77200420029 Property Number: 21200420082 Reason: Secured Area Status: Excess Status: Unutilized Kansas Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Bldg. 170 explosive material Secured Area, Extensive Bldgs. 00434, D2053 Fort Leavenworth deterioration Fort Gordon Leavenworth Co: KS 66027– Bldg. 583 Ft. Gordon Co: Richmond GA 30905– Landholding Agency: Army Naval Air Station Landholding Agency: Army Property Number: 21200420084

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Status: Unutilized Aberdeen Proving Ground Fort Harrison Reason: Extensive deterioration Harford Co: MD 21005– Ft. Harrison Co: Lewis/Clark MT 59636– Kentucky Landholding Agency: Army Landholding Agency: Army Property Number: 21200420101 Property Number: 21200420104 Bldg. 01137 Status: Unutilized Status: Excess Fort Knox Reason: Extensive deterioration Reasons: Secured Area, Extensive Ft. Knox Co: Hardin KY 40121– Bldg. 05208 deterioration Landholding Agency: Army Aberdeen Proving Ground Property Number: 21200420085 New Hampshire Harford Co: MD 21005– Status: Unutilized Naval Obs. Tower Landholding Agency: Army Reason: Extensive deterioration Rye Co: NH 03870– Property Number: 21200420102 Bldgs. 01197, 01198 Landholding Agency: GSA Status: Unutilized Property Number: 54200420007 Fort Knox Reason: Extensive deterioration Ft. Knox Co: Hardin KY 40121– Status: Excess Bldg. 5660 Landholding Agency: Army Reason: contamination Aberdeen Proving Ground Property Number: 21200420086 GSA Number: 1–N–NH–451 Harford Co: MD 21005– Status: Unutilized Landholding Agency: Army New Jersey Reason: Extensive deterioration Property Number: 21200420103 Bldg. 00695 Bldgs. 05757, 05801 Status: Unutilized Fort Monmouth Fort Knox Reason: Extensive deterioration Ft. Monmouth Co: NJ 07703– Ft. Knox Co: Hardin KY 40121– Massachusetts Landholding Agency: Army Landholding Agency: Army Property Number: 21200420105 Property Number: 21200420087 Bldg. ODO50 Status: Unutilized Status: Unutilized Fera USARC Reason: Extensive deterioration Reason: Extensive deterioration Danvers Co: Essex MA 01923–1121 Bldg. 00739 Bldg. A7170 Landholding Agency: Army Fort Monmouth Fort Campbell Property Number: 21200420089 Ft. Monmouth Co: NJ 07703– Ft. Campbell Co: Christian KY 42223– Status: Unutilized Landholding Agency: Army Landholding Agency: Army Reason: Extensive deterioration Property Number: 21200420106 Property Number: 21200420088 Bldg. ODO58 Status: Unutilized Status: Unutilized Fera USARC Reason: Extensive deterioration Reason: Extensive deterioration Danvers Co: Essex MA 01923–1121 Bldg. 00744 Maryland Landholding Agency: Army Fort Monmouth Property Number: 21200420090 Bldg. 4585 Ft. Monmouth Co: NJ 07703– Status: Unutilized Landholding Agency: Army Fort George G. Meade Reason: Extensive deterioration Ft. Meade Co: MD 20755–5115 Property Number: 21200420107 Bldgs. ODO60, ODO62 Landholding Agency: Army Status: Unutilized Fera USARC Property Number: 21200420096 Reason: Extensive deterioration Danvers Co: Essex MA 01923–1121 Status: Unutilized Bldgs. 00746–00749 Landholding Agency: Army Reason: Extensive deterioration Fort Monmouth Property Number: 21200420091 Ft. Monmouth Co: NJ 07703– 10 Bldgs. Status: Unutilized Aberdeen Proving Ground Landholding Agency: Army Reason: Extensive deterioration Property Number: 21200420108 Harford Co: MD 21005– Bldgs. ODO76, ODO77 Location: E1340 thru E1349 Status: Unutilized Fera USARC Reason: Extensive deterioration Landholding Agency: Army Danvers Co: Essex MA 01923–1121 Property Number: 21200420097 Bldg. PO1137 Landholding Agency: Army Fort Dix Status: Unutilized Property Number: 21200420092 Reason: Extensive deterioration Ft. Dix Co: Burlington NJ 08640–5506 Status: Unutilized Landholding Agency: Army 20 Bldgs. Reason: Extensive deterioration Aberdeen Proving Ground Property Number: 21200420109 Michigan Harford Co: MD 21005– Status: Unutilized Reason: Extensive deterioration Location: E3030, E3032, E3034, E3036, Bldg. 930 E3038, E3040, E3042, E3044, E3046, E3061 U.S. Army Garrison–Selfridge Bldg. TO6734 thru E3070, E3072 Selfridge Co: MI 48045– Fort Dix Landholding Agency: Army Landholding Agency: Army Ft. Dix Co: Burlington NJ 08640–5506 Property Number: 21200420098 Property Number: 21200420093 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200420110 Reason: Extensive deterioration Reason: Secured Area Status: Unutilized Reason: Extensive deterioration 5 Bldgs. Bldg. 001 Aberdeen Proving Ground Crabble USARC Bldg. TO6840 Harford Co: MD 21005– Saginaw Co: MI 48601–4099 Fort Dix Location: E3035, E3041, E3076, E3078, E3080 Landholding Agency: Army Ft. Dix Co: Burlington NJ 08640–5505 Landholding Agency: Army Property Number: 21200420094 Landholding Agency: Army Property Number: 21200420099 Status: Unutilized Property Number: 21200420111 Status: Unutilized Reason: Extensive deterioration Status: Unutilized Reason: Extensive deterioration Bldgs. 8673, 8675 Reason: Extensive deterioration Bldgs. E3039, E3060, E3073 Poxin USARC New York Saginaw Co: Oaklan MI 48034–2295 Aberdeen Proving Ground Bldg. 00031 Harford Co: MD 21005– Landholding Agency: Army Property Number: 21200420095 Fort Drum Landholding Agency: Army Ft. Drum Co: Jefferson NY 13602– Property Number: 21200420100 Status: Unutilized Reason: Extensive deterioration Landholding Agency: Army Status: Unutilized Property Number: 21200420112 Reason: Extensive deterioration Montana Status: Unutilized Bldg. 05114 Bldg. P0516 Reason: Extensive deterioration

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Bldgs. 00331, 00337, 00339 Property Number: 21200420123 Ravenna Co: Portage OH 44266–9297 Fort Drum Status: Unutilized Landholding Agency: Army Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Property Number: 21200420132 Landholding Agency: Army Bldgs. 00767, 00769 Status: Excess Property Number: 21200420113 Fort Drum Reasons: Within 2000 ft. of flammable or Status: Unutilized Ft. Drum Co: Jefferson NY 13602– explosive material, Secured Area, Reason: Extensive deterioration Landholding Agency: Army Extensive deterioration Bldgs. 00367–00369 Property Number: 21200420124 Pennsylvania Fort Drum Status: Unutilized Bldgs. T1441, T1452, 01457 Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Letterkenny Army Depot Landholding Agency: Army Bldgs. 00830–00834 Chambersburg Co: Franklin PA 17201– Property Number: 21200420114 Fort Drum Landholding Agency: Army Status: Unutilized Ft. Drum Co: Jefferson NY 13602– Property Number: 21200420133 Reason: Extensive deterioration Landholding Agency: Army Status: Unutilized Bldgs. 00630–00632 Property Number: 21200420125 Reasons: Within 2000 ft. of flammable or Fort Drum Status: Unutilized explosive material, Secured Area, Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Extensive deterioration Landholding Agency: Army Bldgs. 00836–00839 Bldgs. T2361, T2362 Property Number: 21200420115 Fort Drum Letterkenny Army Depot Status: Unutilized Ft. Drum Co: Jefferson NY 13602– Chambersburg Co: Franklin PA 17201– Reason: Extensive deterioration Landholding Agency: Army Landholding Agency: Army Bldgs. 00634–00635 Property Number: 21200420126 Property Number: 21200420134 Fort Drum Status: Unutilized Status: Unutilized Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Landholding Agency: Army Bldgs. 02583, 02600 explosive material, Secured Area, Property Number: 21200420116 Fort Drum Extensive deterioration Status: Unutilized Ft. Drum Co: Jefferson NY 13602– Bldgs. 02381, T2381, S2386 Reason: Extensive deterioration Landholding Agency: Army Letterkenny Army Depot Bldgs. 00637–00639 Property Number: 21200420127 Chambersburg Co: Franklin PA 17201– Fort Drum Status: Unutilized Landholding Agency: Army Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Property Number: 21200420135 Landholding Agency: Army Bldgs. 04870–04871 Status: Unutilized Property Number: 21200420117 Fort Drum Reasons: Within 2000 ft. of flammable or Status: Unutilized Ft. Drum Co: Jefferson NY 13602– explosive material, Secured Area, Reason: Extensive deterioration Landholding Agency: Army Extensive deterioration Bldgs. 00660–00665 Property Number: 21200420128 Bldg. 02628 Fort Drum Status: Unutilized Letterkenny Army Depot Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Chambersburg Co: Franklin PA 17201– Landholding Agency: Army North Carolina Landholding Agency: Army Property Number: 21200420118 Property Number: 21200420136 Status: Unutilized Bldg. X2670 Status: Unutilized Reason: Extensive deterioration Fort Bragg Ft. Bragg Co: Cumberland NC 28314– Reasons: Within 2000 ft. of flammable or Bldg. 00701 Landholding Agency: Army explosive material, Secured Area, Fort Drum Property Number: 21200420129 Extensive deterioration Ft. Drum Co: Jefferson NY 13602– Status: Unutilized Bldgs. T2772, T2796 Landholding Agency: Army Reason: Extensive deterioration Letterkenny Army Depot Property Number: 21200420119 Bldg. 31538 Chambersburg Co: Franklin PA 17201– Status: Unutilized Landholding Agency: Army Reason: Extensive deterioration Fort Bragg Ft. Bragg Co: Cumberland NC 28314– Property Number: 21200420137 Bldgs. 00730–00732 Landholding Agency: Army Status: Unutilized Fort Drum Property Number: 21200420130 Reasons: Within 2000 ft. of flammable or Ft. Drum Co: Jefferson NY 13602– explosive material, Secured Area, Status: Unutilized Landholding Agency: Army Extensive deterioration Reason: Extensive deterioration Property Number: 21200420120 Bldgs. 03223, T3251, T3256 Bldg. RPFN012 Status: Unutilized Letterkenny Army Depot USCG Cape Hatteras Reason: Extensive deterioration Chambersburg Co: Franklin PA 17201– Buxton Co: Dare NC 27902– Bldgs. 00737–00739 Landholding Agency: Army Landholding Agency: Coast Guard Fort Drum Property Number: 21200420138 Property Number: 88200420005 Ft. Drum Co: Jefferson NY 13602– Status: Unutilized Status: Unutilized Landholding Agency: Army Reasons: Within 2000 ft. of flammable or Reasons: Secured Area, Extensive Property Number: 21200420121 explosive material, Secured Area, deterioration Status: Unutilized Extensive deterioration Reason: Extensive deterioration Ohio Bldgs. T3380, T3381 Bldg. 00760 Bldg. 1039 Letterkenny Army Depot Fort Drum Ravenna Army Ammo Plant Chambersburg Co: Franklin PA 17201– Ft. Drum Co: Jefferson NY 13602– Ravenna Co: Portage OH 44266–9297 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200420139 Property Number: 21200420122 Property Number: 21200420131 Status: Unutilized Status: Unutilized Status: Excess Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or explosive material, Secured Area, Bldgs. 00762–00765 explosive material, Secured Area, Extensive deterioration Fort Drum Extensive deterioration 4 Bldgs. Ft. Drum Co: Jefferson NY 13602– Bldgs. 1200, T4602, T4605 Letterkenny Army Depot Landholding Agency: Army Ravenna Army Ammo Plant T3728, S3743, S3744, S3783

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Chambersburg Co: Franklin PA 17201– 01245, 01246, 01247, 01248 Status: Unutilized Landholding Agency: Army Ft. Buchanan Co: Guayanabo PR 00934– Reason: Extensive deterioration Property Number: 21200420140 Landholding Agency: Army Bldgs. 56232, 56252, 56272 Status: Unutilized Property Number: 21200420157 Fort Hood Reasons: Within 2000 ft. of flammable or Status: Excess Ft. Hood Co: Bell TX 76544– explosive material, Secured Area, Reason: Secured Area Landholding Agency: Army Extensive deterioration 4 Bldgs. Property Number: 21200420147 Bldgs. T5313, T5315 Fort Buchanan Status: Unutilized Letterkenny Army Depot 01249, 01250, 01259, 1261 Reason: Extensive deterioration Chambersburg Co: Franklin PA 17201– Ft. Buchanan Co: Guayanabo PR 00934– Bldgs. D5030, D5031 Landholding Agency: Army Landholding Agency: Army Grand Prairie Reserve Complex Property Number: 21200420141 Property Number: 21200420158 Grand Prairie Co: Tarrant TX 75051– Status: Unutilized Status: Excess Landholding Agency: Army Reasons: Within 2000 ft. of flammable or Reason: Secured Area Property Number: 21200420152 explosive material, Secured Area, 4 Bldgs. Status: Unutilized Extensive deterioration Fort Buchanan Reasons: Secured Area Bldg. T5546 01263, 01265, 01267, 01269 Extensive deterioration Letterkenny Army Depot Ft. Buchanan Co: Guayanabo PR 00934– Chambersburg Co: Franklin PA 17201– Landholding Agency: Army Bldg. 39 Landholding Agency: Army Property Number: 21200420159 Naval Air Station Property Number: 21200420142 Status: Excess Corpus Christi Co: Nueces TX 78419–5021 Status: Unutilized Reason: Secured Area Landholding Agency: Navy Property Number: 77200420034 Reasons: Within 2000 ft. of flammable or 4 Bldgs. Status: Excess explosive material, Secured Area, Fort Buchanan Reason: Extensive deterioration Extensive deterioration 01271, 01272, 01273, 01284 Bldgs. 05662, 05663 Ft. Buchanan Co: Guayanabo PR 00934– Virginia Letterkenny Army Depot Landholding Agency: Army Bldg. T2101 Chambersburg Co: Franklin PA 17201– Property Number: 21200420160 Fort Pickett Landholding Agency: Army Status: Excess Blackstone Co: Nottoway VA 23824– Property Number: 21200420143 Reason: Secured Area Landholding Agency: Army Status: Unutilized South Carolina Property Number: 21200420148 Reasons: Within 2000 ft. of flammable or Bldg. 703–F Status: Unutilized explosive material, Secured Area, Reason: Extensive deterioration Extensive deterioration Savannah River Operations Aiken Co: SC 29802– Wisconsin Bldg. T5748 Landholding Agency: Energy Letterkenny Army Depot Bldgs. MOUT1, MOUT2 Property Number: 41200420019 Chambersburg Co: Franklin PA 17201– Fort McCoy Status: Unutilized Landholding Agency: Army Ft. McCoy Co: Monroe WI 54656– Reason: Secured Area Property Number: 21200420144 Landholding Agency: Army Status: Unutilized Bldg. 721–A Property Number: 21200420149 Reasons: Within 2000 ft. of flammable or Savannah River Operations Status: Unutilized explosive material, Secured Area, Aiken Co: SC 29802– Reason: Extensive deterioration Extensive deterioration Landholding Agency: Energy Property Number: 41200420020 Bldgs. 08213, 08232 Bldg. 00014 Status: Unutilized Fort McCoy CE Kelly Support Facility Reason: Secured Area Ft. McCoy Co: Monroe WI 54656– Oakdale Co: Allegheny PA 15071– Landholding Agency: Army Landholding Agency: Army Bldg. 724–A Property Number: 21200420150 Property Number: 21200420153 Savannah River Operations Status: Unutilized Status: Underutilized Aiken Co: SC 29802– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Property Number: 41200420021 Bldg. 02016 Bldg. 00033 Status: Unutilized Fort McCoy CE Kelly Support Facility Reason: Secured Area Ft. McCoy Co: Monroe WI 54656– Oakdale Co: Allegheny PA 15071– Landholding Agency: Army Bldg. 730–M Landholding Agency: Army Property Number: 21200420151 Savannah River Operations Property Number: 21200420154 Status: Unutilized Aiken Co: SC 29802– Status: Unutilized Reason: contamination Reason: Secured Area Landholding Agency: Energy Property Number: 41200420022 Land (by State) Bldg. 00044 Status: Unutilized CE Kelly Support Facility New Jersey Reason: Secured Area Oakdale Co: Allegheny PA 15071– Maurice River Land Landholding Agency: Army Tennessee Commercial Twnsp Co: Cumberland NJ Property Number: 21200420155 Bldg. 0611 08349– Status: Unutilized Fort Campbell Landholding Agency: GSA Reason: Secured Area Ft. Campbell Co: Montgomery TN 42223– Property Number: 54200420011 Puerto Rico Landholding Agency: Army Status: Excess Bldgs. 01241, 01243, 01244 Property Number: 21200420145 Reason: Not accessible by road Fort Buchanan Status: Unutilized GSA Number: 1–U–NJ–647–1 Ft. Buchanan Co: Guayanabo PR 00934– Reason: Extensive deterioration Ohio Landholding Agency: Army Texas Manhattan Rear Range Light Property Number: 21200420156 Bldgs. 56208, 56220 Toledo Co: Lucas OH 43611– Status: Excess Fort Hood Landholding Agency: GSA Reason: Secured Area Ft. Hood Co: Bell TX 76544– Property Number: 54200420012 4 Bldgs. Landholding Agency: Army Status: Excess Fort Buchanan Property Number: 21200420146 Reason: landlocked

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GSA Number: 1–U–OH–822–1 The environmental impact assessment NARO South (WYW–154001) and [FR Doc. 04–11250 Filed 5–20–04; 8:45 am] of this project will be conducted in addresses leasing an estimated 345 BILLING CODE 4210–29–P accordance with the requirements of the million tons of in-place Federal coal National Environmental Policy Act of administered by the BLM Casper Field 1969, as amended (42 U.S.C. 4321 et Office underlying approximately 2,950 DEPARTMENT OF THE INTERIOR seq.), NEPA Regulations (40 CFR 1500– acres of private surface in Campbell and 1508), other appropriate Federal laws Converse Counties, Wyoming. Fish and Wildlife Service and regulations, Executive Order 12996, Because the Assistant Secretary of the the National Wildlife Refuge System Interior, Lands and Minerals Notice of Intent To Prepare a Improvement Act of 1997, and Service Management, has concurred in this Comprehensive Conservation Plan and policies and procedures for compliance decision it is not subject to appeal to the Environmental Assessment for the with those regulations. Interior Board of Land Appeals as Long Lake National Wildlife Refuge Dated: March 3, 2004. provided in 43 CFR part 4. This Complex, Moffit, ND Ralph O. Morgenweck, decision is the final action of the Department of the Interior. AGENCY: Fish and Wildlife Service, Regional Director, Denver, Colorado. Interior. [FR Doc. 04–11529 Filed 5–20–04; 8:45 am] Dated: March 22, 2004. Robert A. Bennett, ACTION: Notice of intent. BILLING CODE 4310–55–P State Director. SUMMARY: The U.S. Fish and Wildlife [FR Doc. 04–11570 Filed 5–20–04; 8:45 am] Service intends to gather information DEPARTMENT OF THE INTERIOR BILLING CODE 4310–22–P necessary to prepare a Comprehensive Conservation Plan and associated Bureau of Land Management environmental documents for the Long [WY–060–1320–EL] DEPARTMENT OF THE INTERIOR Lake National Wildlife Refuge Complex located in central North Dakota. The Notice of Availability of the Record of Bureau of Land Management Service is issuing this notice in Decision for the South Powder River [NV–040–1430–ET–007F; 4–08807] compliance with its policy to advise Basin Coal Final Environmental Impact other organizations and the public of its Statement (FEIS), NARO South LBA Notice of Public Meetings; Notice of intentions and to obtain suggestions and Tract, Wyoming Intent to Amend the Caliente information on the scope of issues to be Management Framework Plan, Schell AGENCY: Bureau of Land Management, considered in the planning process. Management Framework Plan, Interior. DATES: Written comments should be Tonopah Resource Management Plan, ACTION: Notice of availability. received by July 1, 2004. and the Las Vegas Resource ADDRESSES: Comments and requests for SUMMARY: In accordance with the Management Plan; Nevada more information should be sent to: National Environmental Policy Act of AGENCY: Bureau of Land Management, Long Lake NWR Planning Project, 12000 1969, the Bureau of Land Management Interior. 353rd Street SE, Moffit, ND 58560–9740. (BLM) announces the availability of the ACTION: Notice. FOR FURTHER INFORMATION CONTACT: ROD for South Powder River Basin Coal Linda Kelly, Refuge Planner, Division of FEIS; NARO South LBA Tract. SUMMARY: The Bureau of Land Refuge Planning, PO Box 25486, DFC, ADDRESSES: The document will be Management (BLM) has received an Denver, CO 80225; (303) 236–8132. available electronically on the following application from the Department of SUPPLEMENTARY INFORMATION: The Web site: http://www.wy.blm.gov/. Energy (DOE) to withdraw certain Service has initiated comprehensive Copies of the ROD are available for public lands from surface entry and conservation planning for the Long Lake public inspection at the following BLM mining for a period of 20 years. The National Wildlife Refuge Complex for office locations: purpose of the withdrawal is to evaluate • the management of its natural resources. Bureau of Land Management, the lands for the potential construction, This Refuge is located in central North Wyoming State Office, 5353 operation, and maintenance of a branch Dakota. Yellowstone Road, Cheyenne, rail line (Caliente Rail Corridor) for Comprehensive planning will develop Wyoming. transportation of spent nuclear fuel and • management goals, objectives, and Bureau of Land Management, high-level radioactive waste to a strategies to carry out the purposes of Casper Field Office, 2987 Prospector geologic repository at Yucca Mountain. the Complex’s refuges and Wetland Drive, Casper, Wyoming. Because the proposed withdrawal Management District, and comply with FOR FURTHER INFORMATION CONTACT: Mr. exceeds 5,000 acres, at least one public laws and policies governing refuge Bob Janssen, Wyoming Coal meeting is required. The BLM may need management and public use of refuges. Coordinator, (307) 775–6206 or Ms. to amend four land use plans in order Opportunities will be provided for Mavis Love, Land Law Examiner (307) to address the proposed construction, public input at open houses to be held 775–6258. Both Mr. Janssen’s and Ms. operation, and maintenance of a branch near Long Lake Refuge. Love’s offices are located at the BLM rail line to support the DOE project. All information provided voluntarily Wyoming State Office, 5353 As an alternative to the issuance of a by mail, phone, or at public meetings Yellowstone Road, Cheyenne, Wyoming withdrawal under Section 204 of the becomes part of the official public 82009. Federal Land Policy and Management record (i.e., names, addresses, letters of SUPPLEMENTARY INFORMATION: As stated Act of 1976, the BLM could potentially comment, input recorded during in the FEIS, a ROD will be issued for issue a linear right-of-way under Title V meetings). If requested under the each of the five Federal coal tracts of the Federal Land Policy and Freedom of Information Act by a private considered for leasing in the South Management Act. citizen or organization, the Service may Powder River Coal FEIS. This ROD This notice announces that the BLM provide copies of such information. covered by this NOA is for coal tract will hold two scoping meetings on the

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proposed withdrawal and possible land 2004, will be considered to the extent HC33 Box 33500, Ely, Nevada 89301– use plan amendments in addition to the practicable. The BLM will hold public 9408. five meetings identified by DOE in its scoping meetings on the proposed Notice of Intent (69 FR 18565–18569 withdrawal and possible land use plan FOR FURTHER INFORMATION CONTACT: Dan and 69 FR 22496). The locations of all amendments at the dates and locations Netcher, Ely Field Office, BLM, HC33 seven meetings are referenced in this listed below in the SUPPLEMENTARY Box 33500, Ely, Nevada 89301–9408, notice. INFORMATION section. 775–289–1872. DATES: Those who have comments on ADDRESSES: You may send comments on SUPPLEMENTARY INFORMATION: Public the proposed withdrawal and possible issues regarding the proposed scoping meetings for the DOE Rail amendments to the land use plans must withdrawal and possible land use plan Alignment EIS, proposed withdrawal, respond in writing no later than June 30, amendments and planning criteria to and BLM Land Use Plan amendments in 2004. Comments received after June 30, Dan Netcher, Ely Field Office, BLM, June are shown below.

Meeting date Location Time

June 22, 2004...... Tonopah Convention Center, 301 W. 1 p.m. to 3 p.m., 6 p.m. to 8 p.m. Brougher, Tonopah, NV. June 23, 2004 ...... Lincoln County Court House, 1 North Main, 1 p.m. to 3 p.m., 6 p.m. to 8 p.m. Pioche, NV.

The DOE sponsored five public the times and locations referenced in DEPARTMENT OF THE INTERIOR meetings in Nevada at which BLM this notice. The BLM is a cooperating representatives were present. Those agency in the EIS. Minerals Management Service meetings were in Armagosa Valley on The BLM may need to amend the Agency Information Collection May 3, in Goldfield on May 4, in Caliente Management Framework Plan, Caliente on May 5, in Reno on May 12, Activities: Proposed Collection; Schell Management Framework Plan, Comment Request and in Las Vegas on May 17. All Tonopah Resource Management Plan, comments received at the DOE meetings and the Las Vegas Resource AGENCY: Minerals Management Service will be considered along with those Management Plan to address the (MMS), Interior. provided at the BLM scoping meetings. proposed construction, operation, and ACTION: Notice of extension of a If you have already attended one of maintenance of a branch rail line. All currently approved information these meetings, there is no need to land use decisions associated with the collection (1010–0114). attend a subsequent meeting, unless you potential construction, operation, and SUMMARY: desire to provide additional comments. maintenance of a rail line will be To comply with the Persons attending the meetings in developed through the land use Paperwork Reduction Act of 1995 Tonopah or Pioche may choose to planning amendment process. In (PRA), we are inviting comments on a attend either the afternoon or evening addition to the proposed withdrawal, collection of information that we will sessions. submit to the Office of Management and this notice adds land use planning as an Budget (OMB) for review and approval. The DOE has filed an application issue to the scoping being conducted by The information collection request (ICR) (NVN 77880) to withdraw a one-mile the DOE and the BLM. wide corridor which contains 308,600 concerns the paperwork requirements in acres in Esmeralda, Nye, and Lincoln Additional options for the rail the regulations under 30 CFR 250, Counties. A notice of proposed corridor could include the issuance of a Subpart A, General. withdrawal was published in the Title V right-of-way for the operation of DATES: Submit written comments by Federal Register (68 FR 74965–74968, the rail line. Under this alternative the July 20, 2004. BLM would issue a right-of-way for the December 29, 2003). This withdrawal ADDRESSES: Mail or hand-carry approximates the land encompassed by development and operation of the rail comments to the Department of the the Caliente rail corridor as described in line. Interior; Minerals Management Service; the DOE’s Final Environmental Impact Public Involvement Attention: Rules Processing Team; Mail Statement (EIS) for a Geologic Stop 4024; 381 Elden Street; Herndon, Repository for the Disposal of Spent Release of the draft amendments to Virginia 20170–4817. Nuclear Fuel and High-Level the Caliente Management Framework FOR FURTHER INFORMATION CONTACT: Radioactive Waste at Yucca Mountain, Plan, Schell Management Framework Cheryl Blundon, Rules Processing Team Nye County, Nevada, February 2002. Plan, Tonopah Resource Management at (703) 787–1600. You may also contact The purpose of the withdrawal is to Plan and the Las Vegas Resource Cheryl Blundon to obtain a copy, at no evaluate the land for the potential Management Plan will be announced in cost, of the regulations that require the construction and operation of a branch the local news media, as well as the subject collection of information. rail line for the transportation of spent Federal Register, as these dates are SUPPLEMENTARY INFORMATION: nuclear fuel and high-level radioactive established. Title: 30 CFR Part 250, Subpart A, waste. (Authority: 43 CFR 1610.2(c); 43 CFR 2310.3– General. The DOE issued a Notice of Intent to 1(c)(2)) OMB Control Number: 1010–0114. Prepare an EIS for the Alignment, Dated: May 4, 2004. Abstract: The Outer Continental Shelf Construction, and Operation of a Rail (OCS) Lands Act, as amended (43 U.S.C. Line to a Geologic Repository at Yucca Amy L. Lueders, 1331 et seq. and 43 U.S.C. 1801 et seq.), Mountain, Nye County, Nevada (69 FR Associate State Director, Nevada. authorizes the Secretary of the Interior 18565–18569, April 8, 2004) [FR Doc. 04–11569 Filed 5–20–04; 8:45 am] (Secretary) to prescribe rules and announcing public scoping meetings at BILLING CODE 4310–HC–P regulations to administer leasing of the

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OCS. Such rules and regulations will elements of the 30 CFR 250, Subpart A, We will protect information from apply to all operations conducted under General regulations and related Notices respondents considered proprietary a lease. Operations on the OCS must to Lessees and Operators. under the Freedom of Information Act preserve, protect, and develop oil and Federal policy and statutes require us (5 U.S.C. 552) and its implementing natural gas resources in a manner that to recover the cost of services that regulations (43 CFR part 2) and under is consistent with the need to make such confer special benefits to identifiable regulations at 30 CFR 250.196, ‘‘Data resources available to meet the Nation’s non-Federal recipients. Section 250.165 and information to be made available to energy needs as rapidly as possible; to requires a State lessee to pay a fee when the public.’’ No items of a sensitive balance orderly energy resource applying for a right-of-use and easement nature are collected. Responses are development with protection of human, on the OCS. The Independent Offices mandatory. marine, and coastal environments; to Appropriation Act (31 U.S.C. 9701), OMB Circular A–25, and the Omnibus Frequency: The frequency varies by ensure the public a fair and equitable section, but is generally ‘‘on occasion.’’ return on the resources of the OCS; and Appropriations Bill (Pub. L. 104–133, to preserve and maintain free enterprise 110 Stat. 1321, April 26, 1996) authorize Estimated Number and Description of competition. agencies to collect these fees to Respondents: Approximately 1 State reimburse us for the cost to process and 130 Federal OCS oil and gas or Section 1332(6) of the OCS Lands Act applications or assessments. This fee is sulphur lessees. requires that ‘‘operations in the [O]uter the same as that required for filing Estimated Annual Reporting and Continental Shelf should be conducted pipeline right-of-way applications as Recordkeeping ‘‘Hour’’ Burden: The in a safe manner by well trained specified in § 250.1010(a). personnel using technology, The MMS OCS Regions use the currently approved ‘‘hour’’ burden for precautions, and other techniques information collected under Subpart A this information collection is 22,727 sufficient to prevent or minimize the to ensure that formal crane operator and hours (we have recently combined the likelihood of blowouts, loss of well rigger training, inspections, testing and Information Collection burden for control, fires, spillages, physical maintenance are carried out; that all Subpart A, General with 22,467 hours obstructions to other users of the waters new and existing cranes installed on and Subpart A—Crane Requirements or subsoil and seabed, or other OCS fixed platforms must be equipped (1010–0146) with 260 burden hours into occurrences which may cause damage to with anti-two block safety devices; to this renewal). The following chart the environment or to property or assure that uniform methods are details the individual components and endanger life or health.’’ This authority employed by lessees for load testing of respective hour burden estimates of this and responsibility are among those cranes; and that operations on the OCS ICR. In calculating the burdens, we delegated to MMS. To carry out these are carried out in a safe and pollution- assumed that respondents perform responsibilities, MMS has issued free manner, do not interfere with the certain requirements in the normal regulations for leasing and operations rights of other users on the OCS, and course of their activities. We consider on the OCS. The ICR to be submitted to balance the development of OCS these to be usual and customary and OMB for review and approval concerns resources with the protection of the took that into account in estimating the the reporting and recordkeeping environment. burden.

Citation 30 CFR 250 Subpart A and related forms/NTLs Reporting or recordkeeping requirement Hour burden

104; Form MMS–1832 ...... Appeal orders or decisions; appeal INCs ...... Burden included with 30 CFR 290 (1010–0121). 109(a); 110 ...... Submit welding, burning, and hot tapping plans ...... 2 115; 116 ...... Request determination of well 3 producibility; submit data & information; notify 2 MMS of test. 118; 119; 121; 124 ...... Apply for injection or subsurface storage of gas ...... 10 130–133; Form MMS–1832 ... Submit ‘‘green’’ response copy of form MMS–1832 indicating date violations 2 (INCs) corrected. Request reconsideration from issuance of an INC ...... 1⁄2 Request waiver of 14-day response time ...... 1⁄2 Notify MMS before returning to operations if shut-in ...... 1⁄4 133 ...... Request reimbursement for food, quarters, and transportation provided to MMS 1 representatives (OCS Lands Act specifies reimbursement; no requests received in many years; minimal burden). 135 MMS internal process ..... Submit PIP under MMS implementing procedures for enforcement actions ...... 40 140 ...... Request various oral approvals not specifically covered elsewhere in regulatory 1⁄4 requirements. 141 ...... Request approval to use new or alternative procedures, including BAST not spe- 20 cifically covered elsewhere in regulatory requirements. 142 ...... Request approval of departure from operating requirements not specifically cov- 2 ered elsewhere in regulatory requirements. 143; 144; 145; Form MMS– Submit designation of operator & report change of address or notice of termi- 1⁄4 1123. nation; submit designation of local agent. 150; 151; 152; 154(a) ...... Name and identify facilities, etc., with signs ...... 2 150; 154(b) ...... Name and identify wells with signs ...... 1 160; 161 ...... OCS lessees: Apply for new or modified right of use and easement to construct 5 and maintain off-lease platforms, artificial islands, and installations and other devices; including notifications. 165 ...... State lessees: Apply for new or modified right-of-use and easement to construct 5 and maintain off-lease platforms, artificial islands, and installations and other devices.

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Citation 30 CFR 250 Subpart A and related forms/NTLs Reporting or recordkeeping requirement Hour burden

166 ...... State lessees: Furnish surety bond ...... Burden included with 30 CFR 256 (1010–0006). 168; 170; 171; 172; 174; 175; Request suspension of operations or production; submit schedule of work leading 10 177; 180(b), (d). to commencement. Submit progress reports on SOO or SOP as condition of approval ...... 2 177(a) ...... Conduct site-specific study; submit results. No instances requiring this study in 80 several years—could be necessary if a situation occurred such as severe dam- age to a platform or structure caused by a hurricane or a vessel collision. 177(b), (c), (d); 182; 183, 185; Various references to submitting new, revised, or modified exploration plan, devel- Burden included with 30 194. opment/production plan, or developmentoperations coordination document, and CFR 250, Subpart B related surveys/reports. (1010–0049). 180(a), (f), (g), (h), (i), (j) ...... Notify and submit report on various leaseholding operations and lease production 1⁄2 activities. 180(a), (b), (c) ...... When requested, submit production data to demonstrate production in paying 6 quantities to maintain lease beyond primary term. 180(e) ...... Request more than 180 days to resume operations ...... 3 181(d); 182(b), in 183(b)(2) ... Request termination of suspension and cancellation of lease (no requests recent 20 years for termination/cancellation of a lease; minimal burden). 184 ...... Request compensation for lease cancellation mandated by the OCS Lands Act 50 (no qualified lease cancellations in many years; minimal burden compared to benefit). 190 ...... Submit requests, applications, and notices under various regulations ...... 20 191 ...... Report accidents, deaths, serious injuries, fires, explosions and blowouts ...... 7 191(a) ...... Report spills of oil ...... Burden included with 30 CFR 254 (1010–0091). 192; Form MMS–132 ...... Daily report of evacuation statistics for natural occurrence/hurricane (form MMS– 1 132 in the GOMR) when circumstances warrant. 193 ...... Report apparent violations or non- compliance ...... 11⁄2 194 NTL exception requests .. Request departures from conducting exception archaeological resources surveys 1 and/or submitting reports in GOMR. 194(c) ...... Report archaeological discoveries (only one instance in many years; minimal bur- 1 den). 195 ...... Submit data/information for post-lease G&G activity and request reimbursement ... Burden included with 30 CFR 251 (1010–0048). 101–199 ...... General departure or alternative compliance requests not specifically covered 2 elsewhere in Subpart A.

Recordkeeping Requirements

108(e) ...... Retain records of design and construction for life of crane, including installation 262 records for any anti-two block safety devices; all inspection, testing, and mainte- nance for at 4 years; crane operator and all rigger personnel qualifications 4 years. 109(b) ...... Retain welding, burning, and hot tapping plan and approval for the life of the facil- 1⁄2 ity. 132(b)(3) ...... Make available all records related to inspections not specifically covered else- 1 where in regulatory requirements.

Estimated Annual Reporting and agencies concerning each proposed application fee discussed previously is Recordkeeping ‘‘Non-Hour Cost’’ collection of information * * *’’. the only identified non-hour cost Burden: The currently approved annual Agencies must specifically solicit burdens for the information collection non-hour cost burden is an application comments to: (a) Evaluate whether the aspects of 30 CFR 250, Subpart A. filing fee ($2,350), which is required in proposed collection of information is Therefore, if you have costs to generate, § 250.165. This is the only paperwork necessary for the agency to perform its maintain, and disclose this information, cost burden identified for the Subpart A duties, including whether the you should comment and provide your regulations. information is useful; (b) evaluate the total capital and startup cost Public Disclosure Statement: The PRA accuracy of the agency’s estimate of the components or annual operation, (44 U.S.C. 3501, et seq.) provides that an burden of the proposed collection of maintenance, and purchase of service agency may not conduct or sponsor a information; (c) enhance the quality, components. You should describe the collection of information unless it usefulness, and clarity of the methods you use to estimate major cost displays a currently valid OMB control information to be collected; and (d) factors, including system and number. Until OMB approves a minimize the burden on the technology acquisition, expected useful collection of information, you are not respondents, including the use of life of capital equipment, discount obligated to respond. automated collection techniques or rate(s), and the period over which you Comments: Before submitting an ICR other forms of information technology. incur costs. Capital and startup costs to OMB, PRA section 3506(c)(2)(A) Agencies must also estimate the ‘‘non- include, among other items, computers requires each agency ‘‘* * * to provide hour cost’’ burdens to respondents or and software you purchase to prepare notice * * * and otherwise consult recordkeepers resulting from the for collecting information, monitoring, with members of the public and affected collection of information. The and record storage facilities. You should

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not include estimates for equipment or within a search ring so that calls can and Maintenance Yard, which are services purchased: (i) Before October 1, hand off from existing facilities to the located nearby. 1995; (ii) to comply with requirements new ones without being lost. The The EA will address impacts to soils not associated with the information proposed site, which is located in a and vegetation, wildlife, air quality, collection; (iii) for reasons other than to developed area, is approximately 40′ x scenic quality, cultural resources, visitor provide information or keep records for 40′ in size, and the proposed facility experience, safety, and land use. the Government; or (iv) as part of will include a small building and 120- Biological surveys found no threatened customary and usual business or private foot lattice tower mounted with or endangered species in the project practices. microwave dishes and several antennas. area. The EA will be sent to agencies, We will summarize written responses DATES: The EA will be released for organizations, and individuals on the to this notice and address them in our public review on or before June 15, park’s mailing list, and to others who submission for OMB approval. As a 2004. Written comments must be request a copy. Copies of the EA can be result of your comments, we will make postmarked no later than July 15, 2004. requested by writing to the any necessary adjustments to the burden Copies of the document can be Superintendent, 601 Nevada Way, in our submission to OMB. requested from the Office of the Boulder City, NV 89005, or the Public Comment Policy: MMS’s Superintendent, or the document can be document can be viewed online at practice is to make comments, including viewed online at http://www.nps.gov/ http://www.nps.gov/lame/pphtml/ names and addresses of respondents, lame/pphtml/documents.html. documents.html. available for public review during ADDRESSES: Comments should be Dated: May 5, 2004. regular business hours. If you wish your mailed to Superintendent, Lake Mead Bernard C. Fagan, name and/or address to be withheld, NRA, 601 Nevada Way, Boulder City, Deputy Chief, Office of Policy, National Park you must state this prominently at the NV 89005, or submitted by e-mail on the Service. beginning of your comment. MMS will park’s Web site at http://www.nps.gov/ [FR Doc. 04–11471 Filed 5–20–04; 8:45 am] honor this request to the extent lame/pphtml/contact.html. BILLING CODE 4312–52–P allowable by law; however, anonymous FOR FURTHER INFORMATION CONTACT: comments will not be considered. All Michael Boyles, Environmental submissions from organizations or Compliance Specialist, Lake Mead DEPARTMENT OF THE INTERIOR businesses, and from individuals National Recreation Area, (702) 293– identifying themselves as 8978. National Park Service representatives or officials of SUPPLEMENTARY INFORMATION: organizations or businesses, will be Cingular Mammoth Cave National Park; made available for public inspection in Wireless worked in cooperation with Environmental Assessment the National Park Service to prepare the their entirety. AGENCY: National Park Service. MMS Federal Register Liaison Officer: EA. Public scoping occurred between ACTION: Notice of document availability. Denise Johnson (202) 208–3976. March 15 and April 15, 2004. The park prepared a press release for local media SUMMARY: (Authority: 16 U.S.C. 3; 16 Dated: May 11, 2004. outlets and the park website to U.S.C. 5; 16 U.S.C. 79; Director’s Order E.P. Danenberger, announce Cingular’s proposal and the 53). Mammoth Cave National Park will Chief, Engineering and Operations Division. intent to prepare an EA. One comment release for public review the [FR Doc. 04–11520 Filed 5–20–04; 8:45 am] was received, supporting the project Environmental Assessment regarding BILLING CODE 4310–MR–U based on the increased safety associated with cellular phone coverage. placement of a wireless The park will use the EA and the telecommunication facility (WTF). DEPARTMENT OF THE INTERIOR comments it receives from the public in Kentucky RSA #3 Cellular General making its decision as to whether, and Partnership d/b/a Bluegrass Cellular has National Park Service under what conditions, to grant the proposed to construct a applicant’s request for a right-of-way telecommunications facility (WTF) at Lake Mead National Recreation Area; permit for the telecommunications the Hickory Cabin Fire Tower site Environmental Assessment facility. The applicant pays for the within Mammoth Cave National Park, a unit of the National Park Service. It is AGENCY: National Park Service, Interior. processing of the application and, if it is approved, the applicant will pay fair the responsibility of Mammoth Cave ACTION: Availability of environmental National Park and the purpose of the assessment. market value for the use of the land. Approval of the request would result in Environmental Assessment to evaluate SUMMARY: Lake Mead National the construction of a 120-foot lattice the impacts of the proposed wireless Recreation Area (NRA) will release for tower, mounted with a microwave dish telecommunication facility on the park public review an Environmental and several antennas. Associated environs. The Environmental Assessment (EA) regarding the equipment would be located in a shelter Assessment addresses the proposed construction and operation of a wireless approximately 10′ by 16′ in size near the placement and one alternative telecommunication facility. Cingular base of the tower. Approximately 290 placement of the Wireless Wireless has proposed to construct the feet of trenching would be necessary to Telecommunication facility within the facility, referred to as the Saddle Cove connect the proposed facility to existing park. site, near the Boulder Maintenance utilities. The total area of the site is DATES: The Environmental Assessment Facility within Lake Mead NRA, a unit approximately 40′ by 40′. Access to the will be released in June 2004 and will of the National Park System. The overall site would require grading a 45 foot long be available for public review for at least objective of the project is to serve the road to connect the site to an existing 30 days at the Office of the public interest by providing improved powerline road. The site will be Superintendent and online at the wireless cellular coverage to the area. In constructed in an area previously Mammoth Cave National Park Web site order to provide coverage to a sufficient disturbed by the construction of Boulder http://www.nps.gov/maca/pphtml/ area, new facilities must be located Beach Filtration Plant, Ranger Station, documents.html.

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FOR FURTHER INFORMATION CONTACT: www.nps.gov/gwmp/pphtm1/ INTERNATIONAL TRADE Henry Holman, Management Assistant, documents.html. COMMISSION 270–758–2187. Comments: If you wish to submit [Investigation Nos. 731–TA–1082 and 1083 SUPPLEMENTARY INFORMATION: Copies of issues or provide input to this initial (Preliminary)] the document can be requested by phase of developing the EIS, you may writing to the Superintendent, P.O. Box do so by any one of several methods. In Chlorinated Isocyanurates From China 7, Mammoth Cave, Kentucky 42259 or addition to attending scoping meetings, and Spain by e-mail addressed to you may mail comments to: Audrey F. [email protected]. AGENCY: United States International Calhoun, Superintendent, George Trade Commission. Dated: April 7, 2004. Washington Memorial Parkway, c/o ACTION: Institution of antidumping Patricia A. Hooks, Turkey Run, McLean, Virginia 22101. Regional Director, Southeast Region. investigations and scheduling of You may comment via the Internet to preliminary phase investigations. [FR Doc. 04–11472 Filed 5–20–04; 8:45 am] GWMP—[email protected]. BILLING CODE 4312–52–P Please submit Internet comments as an SUMMARY: The Commission hereby gives ASCII file avoiding the use of special notice of the institution of investigations characters and any form of encryption. and commencement of preliminary DEPARTMENT OF THE INTERIOR Please also include ‘‘Attn: Arlington phase antidumping investigations Nos. National Park Service County and Vicinity Rowing Facility 731–TA–1082 and 1083 (Preliminary) Planning Team’’ and your name and under section 733(a) of the Tariff Act of Notice of Intent To Prepare an return address in your Internet message. 1930 (19 U.S.C. 1673b(a)) (the Act) to Environmental Impact Statement, If you do not receive a confirmation determine whether there is a reasonable Arlington County and Vicinity Rowing from the system that we have received indication that an industry in the Facility, George Washington Memorial your Internet message, please contact United States is materially injured or Parkway Park Planner Deborah Feldman at the threatened with material injury, or the George Washington Memorial Parkway establishment of an industry in the SUMMARY: In accordance with section United States is materially retarded, by at (703) 289–2512. 102(2)(c) of the National Environmental reason of imports from China and Spain Policy Act of 1969, the National Park Scoping comments should be received of chlorinated isocyanurates, provided Service (NPS) is preparing an no later than 60 days from the for in subheading 2933.69.60 of the Environmental Impact Statement (EIS) publication of this Notice of Intent. Our Harmonized Tariff Schedule of the to assess the impacts of building a practice is to make comments, including United States, that are alleged to be sold boathouse with indoor storage space names and home addresses of in the United States at less than fair and floating docks at four possible respondents, available for public review value. Unless the Department of locations within George Washington during regular business hours. Commerce extends the time for Memorial Parkway, two on the shore Individual respondents may request that initiation pursuant to section opposite Theodore Roosevelt Island, one we withhold their home addresses from 732(c)(1)(B) of the Act (19 U.S.C. south of the CSX/14th Street Bridges, 1673a(c)(1)(B)), the Commission must and another on Daingerfield Island. For the record, which we will honor to the extent allowable by law. There also may reach preliminary determinations in each location the EIS will consider the antidumping investigations in 45 days, impact of two sizes of boathouse, be circumstances in which we would withhold from the record a respondent’s or in this case by June 28, 2004. The approximately 10,000 square feet and Commission’s views are due at 14,000 square feet. The proposed facility identity, as allowable by law. If you wish us to withhold your name and/or Commerce within five business days will house high school rowing thereafter, or by July 6, 2004. programs, provide additional storage address, you must state this prominently at the beginning of your For further information concerning bays for the general public, as well as the conduct of these investigations and comment. However, we will not training facilities. rules of general application, consult the Public Involvement: Public consider anonymous comments. We Commission’s Rules of Practice and involvement will be a key component in will make all submissions from Procedure, part 201, subparts A through the preparation of the EIS. The NPS will organizations or businesses, and from E (19 CFR part 201), and part 207, be holding a public scoping meeting individuals identifying themselves as subparts A and B (19 CFR part 207). sometime during the months of May or representatives or officials of EFFECTIVE DATE: May 14, 2004. June 2004 at a public site in Arlington organizations or businesses, available County to provide the public an for public inspection in their entirety. FOR FURTHER INFORMATION CONTACT: Fred opportunity to present ideas, questions, Ruggles (202–205–3187), Office of and concerns directly to the planning FOR FURTHER INFORMATION CONTACT: Investigations, U.S. International Trade team. The location and time will be Superintendent Audrey Calhoun, Commission, 500 E Street SW., advertised in the local newspapers and George Washington Memorial Parkway, Washington, DC 20436. Hearing- media. c/o Turkey Run Headquarters, McLean, impaired persons can obtain The purpose of this meeting is to Virginia 22101. information on this matter by contacting determine the concerns/issues that Dated: March 22, 2004. the Commission’s TDD terminal on 202– should be addressed in the EIS. 205–1810. Persons with mobility Individuals unable to attend the scoping Terry R. Carlstrom, impairments who will need special meetings may request information from Regional Director, National Capital Region, assistance in gaining access to the the Superintendent, George Washington National Park Service. Commission should contact the Office Memorial Parkway at the address listed [FR Doc. 04–11470 Filed 5–20–04; 8:45 am] of the Secretary at 202–205–2000. below, or by checking our homepage on BILLING CODE 4312–52–M General information concerning the the Internet at the following address: Commission may also be obtained by http://www.nps.gov/gwmp/ or http:// accessing its Internet server (http://

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www.usitc.gov). The public record for presentation at the conference. A industry in the United States is these investigations may be viewed on nonparty who has testimony that may materially injured by reason of imports the Commission’s electronic docket aid the Commission’s deliberations may from Russia of pure magnesium, (EDIS) at http://edis.usitc.gov. request permission to present a short provided for in subheadings 8104.11.00 SUPPLEMENTARY INFORMATION: statement at the conference. and 8104.30.00 of the Harmonized Tariff Background.—These investigations are Written submissions.—As provided in Schedule of the United States (HTS), being instituted in response to a petition sections 201.8 and 207.15 of the and imports from China and Russia of filed on May 14, 2004, by Clearon Corp., Commission’s rules, any person may alloy magnesium, provided for in Fort Lee, NJ; and Occidental Chemical submit to the Commission on or before subheadings 8104.19.00 and 8104.30.00 Corp., Dallas TX. June 9, 2004, a written brief containing of the HTS, that are alleged to be sold Participation in the investigations and information and arguments pertinent to in the United States at less than fair public service list.—Persons (other than the subject matter of the investigations. value (LTFV). petitioners) wishing to participate in the Parties may file written testimony in Commencement of Final Phase investigations as parties must file an connection with their presentation at Investigations entry of appearance with the Secretary the conference no later than three days Pursuant to section 207.18 of the to the Commission, as provided in before the conference. If briefs or Commission’s rules, the Commission sections 201.11 and 207.10 of the written testimony contain BPI, they also gives notice of the commencement Commission’s rules, not later than seven must conform with the requirements of sections 201.6, 207.3, and 207.7 of the of the final phase of its investigations. days after publication of this notice in The Commission will issue a final phase the Federal Register. Industrial users Commission’s rules. The Commission’s rules do not authorize filing of notice of scheduling, which will be and (if the merchandise under published in the Federal Register as investigation is sold at the retail level) submissions with the Secretary by facsimile or electronic means, except to provided in section 207.21 of the representative consumer organizations Commission’s rules, upon notice from have the right to appear as parties in the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 the Department of Commerce Commission antidumping (Commerce) of affirmative preliminary investigations. The Secretary will FR 68036 (November 8, 2002). In accordance with sections 201.16(c) determinations in the investigations prepare a public service list containing under section 733(b) of the Act, or, if the the names and addresses of all persons, and 207.3 of the rules, each document filed by a party to the investigations preliminary determinations are or their representatives, who are parties negative, upon notice of affirmative to these investigations upon the must be served on all other parties to the investigations (as identified by final determinations in those expiration of the period for filing entries investigations under section 735(a) of either the public or BPI service list), and of appearance. the Act. Parties that filed entries of a certificate of service must be timely Limited disclosure of business appearance in the preliminary phase of filed. The Secretary will not accept a proprietary information (BPI) under an the investigations need not enter a document for filing without a certificate administrative protective order (APO) separate appearance for the final phase of service. and BPI service list.—Pursuant to of the investigations. Industrial users, section 207.7(a) of the Commission’s Authority: These investigations are being and, if the merchandise under rules, the Secretary will make BPI conducted under authority of title VII of the investigation is sold at the retail level, gathered in these investigations Tariff Act of 1930; this notice is published representative consumer organizations available to authorized applicants pursuant to section 207.12 of the Commission’s rules. have the right to appear as parties in representing interested parties (as Commission antidumping and defined in 19 U.S.C. 1677(9)) who are Issued: May 17, 2004. countervailing duty investigations. The parties to the investigations under the By order of the Commission. Secretary will prepare a public service APO issued in the investigations, Marilyn R. Abbott, list containing the names and addresses provided that the application is made Secretary to the Commission. of all persons, or their representatives, not later than seven days after the [FR Doc. 04–11505 Filed 5–20–04; 8:45 am] who are parties to the investigations. publication of this notice in the Federal BILLING CODE 7020–02–P Register. A separate service list will be Background maintained by the Secretary for those On February 27, 2004, a petition was parties authorized to receive BPI under INTERNATIONAL TRADE filed with the Commission and the APO. COMMISSION Commerce by U.S. Magnesium Corp., Conference.—The Commission’s Salt Lake City, UT; United Steelworkers Director of Operations has scheduled a [Investigation Nos. 731–TA–1071–1072 of America, Local 8319, Salt Lake City, conference in connection with these (Preliminary)] UT; and Glass, Molders, Pottery, Plastics investigations for 9:30 a.m. on June 4, Magnesium From China and Russia & Allied Workers International, Local 2004, at the U.S. International Trade 374, Long Beach, CA, alleging that an Commission Building, 500 E Street SW., Determination industry in the United States is Washington, DC. Parties wishing to On the basis of the record 1 developed materially injured by reason of LTFV participate in the conference should in the subject investigations, the United imports of pure and alloy magnesium contact Fred Ruggles (202–205–3187) States International Trade Commission from Russia and alloy magnesium from not later than June 2, 2004, to list their (Commission) determines, pursuant to China. Accordingly, effective February appearance and witnesses (if any). section 733(a) of the Tariff Act of 1930 27, 2004, the Commission instituted Parties in support of the imposition of (19 U.S.C. 1673b(a)) (the Act), that there antidumping duty investigations Nos. antidumping duties in these is a reasonable indication that an 731-TA–1071–1072 (Preliminary). investigations and parties in opposition Notice of the institution of the to the imposition of such duties will 1 The record is defined in sec. 207.2(f) of the Commission’s investigations and of a each be collectively allocated one hour Commission’s Rules of Practice and Procedure (19 public conference to be held in within which to make an oral CFR 207.2(f)). connection therewith was given by

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posting copies of the notice in the Office DEPARTMENT OF LABOR The petitioners or any other persons of the Secretary, U.S. International showing a substantial interest in the Trade Commission, Washington, DC, Employment and Training subject matter of the investigations may and by publishing the notice in the Administration request a public hearing, provided such Federal Register of March 9, 2004 (69 request is filed in writing with the Investigations Regarding Certifications FR 11041). The conference was held in Director, Division of Trade Adjustment of Eligibility to Apply for Worker Assistance, at the address shown below, Washington, DC, on March 19, 2004, Adjustment Assistance and all persons who requested the not later than June 1, 2004. opportunity were permitted to appear in Petitions have been filed with the Interested persons are invited to person or by counsel. Secretary of Labor under section 221(a) submit written comments regarding the of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations to The Commission transmitted its the Director, Division of Trade determinations in these investigations to are identified in the Appendix to this notice. Upon receipt of these petitions, Adjustment Assistance, at the address the Secretary of Commerce on April 12, the Director of the Division of Trade shown below, not later than June 1, 2004. The views of the Commission are Adjustment Assistance, Employment 2004. contained in USITC Publication 3685 and Training Administration, has The petitions filed in this case are (April 2004), entitled Magnesium from instituted investigations pursuant to available for inspection at the Office of China and Russia: Investigations Nos. section 221(a) of the Act. the Director, Division of Trade 731–TA–1071–1072 (Preliminary). The purpose of each of the Adjustment Assistance, Employment Issued: May 17, 2004. investigations is to determine whether and Training Administration, U.S. Department of Labor, Room C–5311, 200 By order of the Commission. the workers are eligible to apply for Constitution Avenue, NW., Washington, Marilyn R. Abbott, adjustment assistance under Title II, Chapter 2, of the Act. The investigations DC 20210. Secretary to the Commission. will further relate, as appropriate, to the Signed in Washington, DC this 4th day of [FR Doc. 04–11504 Filed 5–20–04; 8:45 am] determination of the date on which total May, 2004. BILLING CODE 7020–02–P or partial separations began or Timothy Sullivan, threatened to begin and the subdivision Director, Division of Trade Adjustment of the firm involved. Assistance.

APPENDIX [Petitions instituted between 04/26/2004 and 04/30/2004]

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

54,777 ...... Crown Risdon USA, Inc. (Comp) ...... Danbury, CT ...... 04/26/2004 04/26/2004 54,778 ...... Inflex, Inc. (MN) ...... Minnetonka, MN ...... 04/26/2004 04/23/2004 54,779 ...... Morgan Adhesives Co. (Wkrs) ...... N. Las Vegas, NV ...... 04/26/2004 03/24/2004 54,780 ...... Pottstown Metal Welding Company (Comp) ...... Pottstown, PA ...... 04/26/2004 04/23/2004 54,781 ...... Delta Mills, Inc. (Comp) ...... Piedmont, SC ...... 04/26/2004 04/15/2004 54,782 ...... B.J. Cutting (PA) ...... Hazleton, PA ...... 04/27/2004 04/22/2004 54,783 ...... Eighth Floor Promotions (Wkrs) ...... Bloomington, MN ...... 04/27/2004 04/26/2004 54,784 ...... Security Force (Wkrs) ...... Georgetown, SC ...... 04/27/2004 04/26/2004 54,785 ...... AVX Corp. (Wkrs) ...... Myrtle Beach, SC ...... 04/27/2004 04/26/2004 54,786 ...... Royce Hosiery, LLC (Wkrs) ...... Martinsburg, WV ...... 04/27/2004 04/22/2004 54,787 ...... Light Artistry, Inc. (Comp) ...... Pottsville, PA ...... 04/27/2004 04/16/2004 54,788 ...... Quadco, Inc (Comp) ...... Anchorage, AK ...... 04/27/2004 04/26/2004 54,789 ...... Edenton Dyeing and Finishing, LLC (Comp) ...... Edenton, NC ...... 04/27/2004 04/22/2004 54,790 ...... Bourns MMC, Inc. (Wkrs) ...... New Berlin, WI ...... 04/27/2004 04/26/2004 54,791 ...... Meridian Automotive Systems, Inc. (Comp) ...... Lenoir, NC ...... 04/27/2004 04/19/2004 54,792 ...... M and G Polymers USA, LLC (Wkrs) ...... Apple Grove, WV ...... 04/27/2004 04/26/2004 54,793 ...... Pyrotek (Wkrs) ...... Trenton, TN ...... 04/27/2004 04/22/2004 54,794 ...... Imperial Home Decor Group (WKRS) ...... Beachwood, OH ...... 04/28/2004 04/21/2004 54,795 ...... Kawai America Manufacturing, Inc. (Comp.) ...... Lincolnton, NC ...... 04/28/2004 04/22/2004 54,796 ...... Venture Industries (WKRS.) ...... Lancaster, OH ...... 04/28/2004 04/23/2004 54,797 ...... American Firelog Corp. of Ohio (Wkrs.) ...... Akron, OH ...... 04/28/2004 04/21/2004 54,798 ...... Band B Pacing Workshop (Comp.) ...... Strong, ME ...... 04/28/2004 04/20/2004 54,799 ...... Northland Extension Drills Inc. (State) ...... Grove City, MN ...... 04/28/2004 04/27/2004 54,800 ...... Johnson Controls Inc. (Comp.) ...... Holland, MI ...... 04/28/2004 04/08/2004 54,801 ...... Three Rivers Warehouse (Comp.) ...... Muskogee, OK ...... 04/28/2004 04/21/2004 54,802 ...... New Roads, Inc. (Wkrs.) ...... Martinsville, VA ...... 04/28/2004 04/22/2004 54,803 ...... Saint Gobain Performance Plastics (State) ...... Garden Grove, CA ...... 04/28/2004 04/19/2004 54,804 ...... Southern Glove Manufacture Co., Inc. (Comp.) ...... Duffield, VA ...... 04/28/2004 04/19/2004 54,805 ...... Plastek Industries (Wkrs.) ...... Erie, PA ...... 04/28/2004 04/10/2004 54,806 ...... Endwave (State) ...... Diamond Spring, CA ...... 04/28/2004 04/19/2004 54,807 ...... Robert Bosch Corporation (Wkrs.) ...... Gallatin, TN ...... 04/29/2004 04/19/2004 54,808 ...... Gateway Country Store (Wkrs.) ...... Indianapolis, IN ...... 04/29/2004 04/26/2004 54,809 ...... Hot Wax Candle Co. (Comp.) ...... Greensboro, NC ...... 04/29/2004 04/08/2004 54,810 ...... Webb Furniture Ent. Inc. (Comp.) ...... Galax, VA ...... 04/29/2004 04/28/2004 54,811 ...... Rock-Tenn Comp. (Comp.) ...... Wright City, MO ...... 04/29/2004 04/26/2004 54,812 ...... Vesuvius USA (Wkrs.) ...... Altoona, PA ...... 04/29/2004 04/28/2004 54,813 ...... W L Jacquard LLC (Comp) ...... Cliffside, NC ...... 04/30/2004 04/29/2004

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APPENDIX—Continued [Petitions instituted between 04/26/2004 and 04/30/2004]

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

54,814 ...... Alyeska Pipeline Service Co. (Comp) ...... Anchorage, AK ...... 04/30/2004 04/28/2004 54,815 ...... JamiServices, Corp. (Wkrs) ...... Bishopville, SC ...... 04/30/2004 04/28/2004 54,816 ...... Phipps Patterns, Inc. (Wkrs) ...... Decatur, IL ...... 04/30/2004 04/16/2004 54,817 ...... RHC/Spacemaster Corp. (Wkrs) ...... Melrose Park, IL ...... 04/30/2004 04/27/2007 54,818 ...... Franklin Electri (IAM) ...... Muskegon, MI ...... 04/30/2004 04/28/2004 54,819 ...... Stetson Hat (Hatco) (UNITE) ...... St. Joseph, MO ...... 04/30/2004 04/26/2004 54,820 ...... Moosehead Manufacturing (ME) ...... Monson, ME ...... 04/30/2004 04/07/2004 54,821 ...... Burlington Industries (Comp) ...... Greensboro, NC ...... 04/30/2004 04/15/2004 54,822 ...... Honeywell (Wkrs) ...... Clearfield, UT ...... 04/30/2004 04/09/2004 54,823 ...... Ehlert Tool (WI) ...... New Berlin, WI ...... 04/30/2004 04/30/2004 54,824 ...... Saftronics (Wkrs) ...... York, PA ...... 04/30/2004 04/29/2004 54,825 ...... Utica Enterprises, Inc. (MI) ...... Shelby Twp., MI ...... 04/30/2004 04/20/2004 54,826 ...... First Technology, Inc. (Comp) ...... Caribou, ME ...... 04/30/2004 04/07/2004 54,827 ...... Harris Fresh, LLC (Comp) ...... Coalinga, CA ...... 04/30/2004 04/16/2004 54,828 ...... Caraustar (UNITE) ...... Cedartown, GA ...... 04/30/2004 04/02/2004 54,829 ...... Manpower (Comp) ...... Poughkeepsie, NY ...... 04/30/2004 04/23/2004 54,830 ...... ITT Industries (Comp) ...... New Lexington, OH ...... 04/30/2004 04/13/2004

[FR Doc. 04–11496 Filed 5–20–04; 8:45 am] ADDRESSES: Ms. Hazel M. Bell, U.S. under the supervision of a State BILLING CODE 4510–30–M Department of Labor, 200 Constitution Vocational Rehabilitation Agency. Ave., NW., Room S–3201, Washington, Employers use Form WH–226 and the DC 20210, telephone (202) 693–0418, supplemental data Form WH–226A DEPARTMENT OF LABOR fax (202) 693–1451, E-mail when requesting authorization to [email protected]. Please use only one employ workers with disabilities in Employment Standards Administration method of transmission for comments competitive employment, in work Proposed Collection; Comment (mail, fax or E-mail). centers and in hospitals or institutions Request SUPPLEMENTARY INFORMATION at subminimum wages that are commensurate with wages paid to ACTION: Notice. I. Background workers with no disabilities. School officials also use this form to request Fair Labor Standards Act (FLSA) SUMMARY: The Department of Labor authorization for groups of students section 11(d) authorizes the Secretary of (DOL), as part of its continuing effort to with disabilities to participate in school Labor to regulate, restrict or prohibit reduce paperwork and respondent work experience programs. State industrial homework as necessary to burden, conducts a preclearance vocational rehabilitation counselors and prevent evasion of the minimum wage consultation program to provide the Veterans Administration officials use requirement of the Act. DOL restricts general public and Federal agencies the form to grant or extend temporary homework in seven industries (knitted with an opportunity to comment on authorization to employ on-the-job outerwear, women’s apparel, jewelry proposed and/or continuing collections trainees with disabilities. manufacturing, gloves and mittens, of information in accordance with the This information collection is button and buckle manufacturing, Paperwork Reduction Act of 1995 currently approved for use through handkerchief manufacturing and (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This November 30, 2004. program helps to ensure that requested embroideries) to those employers who data can be provided in the desired obtain certificates. II. Review Focus format, reporting burden (time and In order to prevent curtailment of The Department of Labor is financial resources) is minimized, employment opportunities for persons particularly interested in comments collection instruments are clearly with disabilities, FLSA section 14(c) which: understood and the impact of collection allows employers to apply for a • Evaluate whether the proposed requirements on respondents can be certificate from DOL authorizing collection of information is necessary properly assessed. Currently, the payment of less than the Federal for the proper performance of the Employment Standards Administration minimum wage to workers with functions of the agency, including is soliciting comments concerning the impaired productivity because of whether the information will have proposed collection: Applications to disabilities. practical utility; Employ Special Industrial Homeworkers Employers in a restricted industry use • Evaluate the accuracy of the and Workers with Disabilities (Forms Form WH–2, when requesting agency’s estimate of the burden of the WH–2, WH–226 and WH–226A). A copy permission to employ an individual proposed collection of information, of the proposed information collection industrial homeworker who is unable to including the validity of the request can be obtained by contacting work in a factory setting because he or methodology and assumptions used; the office listed below in the addresses she (a) is unable to adjust to such work • Enhance the quality, utility and section of this Notice. because of age, or physical or mental clarity of the information to be DATES: Written comments must be disability; (b) is unable to leave home collected; and submitted to the office listed in the because his or her presence is required • Minimize the burden of the addresses section below on or before to care for an invalid in the home or (c) collection of information on those who July 20, 2004. will be engaged in industrial homework are to respond, including through the

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use of appropriate automated, agency programs regarding the OMB Number: 1215–0005. electronic, mechanical, or other employment of homeworkers in Agency Number: WH–2, WH–226, technological collection techniques or restricted industries and payment of WH–226A. other forms of information technology, subminimum wages to workers with e.g., permitting electronic submissions disabilities. Affected Public: Business or other for- of responses. Type of Review: Extension. profit, Individuals or household, Not- Agency: Employment Standards for-profit institutions, Farms, State, III. Current Actions Administration. Local or Tribal Government. DOL seeks approval for the extension Title: Applications to Employ Special Total Respondents: 4,550. of this information collection in order to Industrial Homeworkers and Workers ensure effective administration of with Disabilities. Total Responses: 16,550.

Time per Form Number of Number of response Burden hours respondents responses (in minutes)

WH–2 ...... 50 50 30 25 WH–226 ...... 4,500 4,500 45 3,375 WH–226A ...... 4,500 12,000 45 9,000

Frequency: Annually and Biennially. The determinations in these decisions modifications issued, must be made a Estimated Total Burden Hours: of prevailing rates and fringe benefits part of every contract for performance of 12,400. have been made in accordance with 29 the described work within the Total Burden Cost (capital/startup): CFR part 1, by authority of the Secretary geographic area indicated as required by $0. of Labor pursuant to the provisions of an applicable Federal prevailing wage the Davis-Bacon Act of Marcy 3, 1931, law and 29 CFR part 5. The wage rates Total Burden Cost (operating/ as amended (46 Stat. 1494, as amended, and fringe benefits, notice of which is maintenance): $1,820. 40 U.S.C. 276a) and of other Federal published herein, and which are Comments submitted in response to Statutes referred to in 29 CFR part 1, contained in the Government Printing this notice will be summarized and/or Appendix, as well as such additional Office (GPO) document entitled included in the request for Office of statutes as may from time to time be ‘‘General Wage Determinations Issued Management and Budget approval of the enacted containing provisions for the Under The Davis-Bacon Act And information collection request; they will payment of wages determined to be Related Acts,’’ shall be the minimum also become a matter of public record. prevailing by the Secretary of Labor in paid by contractors and subcontractors Dated: May 17, 2004. accordance with the Davis-Bacon Act. to laborers and mechanics. Sue R. Blumenthal, The prevailing rates and fringe benefits Any person, organization, or Acting Chief, Branch of Management Review determined in these decisions shall, in governmental agency having an interest and Internal Control, Division of Financial accordance with the provisions of the in the rates determined as prevailing is Management, Office of Management, foregoing statutes, constitute the encouraged to submit wage rate and Administration and Planning, Employment minimum wages payable on Federal and fringe benefit information for Standards Administration. federally assisted construction projects consideration by the Department. [FR Doc. 04–11495 Filed 5–20–04; 8:45 am] to laborers and mechanics of the Further information and self- BILLING CODE 4510–27–P specified classes engaged on contract explanatory forms for the purpose of work of the character and in the submitting this data may be obtained by localities described therein. writing to the U.S. Department of Labor, DEPARTMENT OF LABOR Good cause is hereby found for not Employment Standards Administration, utilizing notice and public comment Wage and Hour Division, Division of Employment Standards procedure thereon prior to the issuance Wage Determinations, 200 Constitution Administration; Wage and Hour of these determinations as prescribed in Avenue, NW., Room S–3014, Division 5 U.S.C. 553 and not providing for delay Washington, DC 20210. in the effective date as prescribed in that Minimum Wages for Federal and Modification to General Wage section, because the necessity to issue Federally Assisted Construction; Determination Decisions General Wage Determination Decisions current construction industry wage determinations frequently and in large The number of the decisions listed to General wage determination decisions volume causes procedures to be the Government Printing Office of the Secretary of Labor are issued in impractical and contrary to the public document entitled ‘‘General Wage accordance with applicable law and are interest. Determinations Issued Under the Davis- based on the information obtained by General wage determinations Bacon and related Acts’’ being modified the Department of Labor from its study decisions, and modifications and are listed by Volume and State. Dates of of local wage conditions and data made supersedeas decisions thereto, contain publication in the Federal Register are available from other sources. They no expiration dates and are effective in parentheses following the decisions specify the basic hourly wage rates and from their date of notice in the Federal being modified. fringe benefits which are determined to Register, or on the date written notice Volume I be prevailing for the described classes of is received by the agency, whichever is Connecticut laborers and mechanics employed on earlier. These decisions are to be used CT030008 (Jun. 13, 2003) construction projects of a similar in accordance with the provisions of 29 Maine character and in the localities specified CFR parts 1 and 5. Accordingly, the ME030012 (Jun. 13, 2003) therein. applicable decision, together with any New Hampshire

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NH030011 (Jun. 13, 2003) MI030031 (Jun. 13, 2003) TX030061 (Jun. 13, 2003) New Jersey MI030034 (Jun. 13, 2003) TX030062 (Jun. 13, 2003) NJ030006 (Jun. 13, 2003) MI030035 (Jun. 13, 2003) New York MI030036 (Jun. 13, 2003) Volume VI NY030001 (Jun. 13, 2003) MI030039 (Jun. 13, 2003) None. Rhode Island MI030040 (Jun. 13, 2003) RI030005 (Jun. 13, 2003) MI030041 (Jun. 13, 2003) Volume VII MI030046 (Jun. 13, 2003) Volume II California MI030047 (Jun. 13, 2003) CA030001 (Jun. 13, 2003) Delaware MI030049 (Jun. 13, 2003) CA030002 (Jun. 13, 2003) DE030008 (Jun. 13, 2003) MI030050 (Jun. 13, 2003) Maryland MI030052 (Jun. 13, 2003) CA030019 (Jun. 13, 2003) MD030001 (Jun. 13, 2003) MI030059 (Jun. 13, 2003) CA030023 (Jun. 13, 2003) MD030006 (Jun. 13, 2003) MI030060 (Jun. 13, 2003) CA030025 (Jun. 13, 2003) MD030021 (Jun. 13, 2003) MI030062 (Jun. 13, 2003) CA030028 (Jun. 13, 2003) MD030028 (Jun. 13, 2003) MI030063 (Jun. 13, 2003) CA030035 (Jun. 13, 2003) MD030029 (Jun. 13, 2003) MI030064 (Jun. 13, 2003) CA030036 (Jun. 13, 2003) MD030037 (Jun. 13, 2003) MI030065 (Jun. 13, 2003) CA030037 (Jun. 13, 2003) MD030039 (Jun. 13, 2003) MI030066 (Jun. 13, 2003) MD030042 (Jun. 13, 2003) MI030067 (Jun. 13, 2003) General Wage Determination MD030045 (Jun. 13, 2003) MI030068 (Jun. 13, 2003) Publication MD030058 (Jun. 13, 2003) MI030069 (Jun. 13, 2003) Pennsylvania MI030070 (Jun. 13, 2003) General wage determinations issued PA030002 (Jun. 13, 2003) MI030071 (Jun. 13, 2003) under the Davis-Bacon and related Acts, PA030005 (Jun. 13, 2003) MI030072 (Jun. 13, 2003) including those noted above, may be PA030006 (Jun. 13, 2003) MI030073 (Jun. 13, 2003) PA030007 (Jun. 13, 2003) found in the Government Printing Office MI030074 (Jun. 13, 2003) (GPO) document entitled ‘‘General Wage PA030008 (Jun. 13, 2003) MI030075 (Jun. 13, 2003) PA030010 (Jun. 13, 2003) MI030076 (Jun. 13, 2003) determinations Issued Under the Davis- PA030012 (Jun. 13, 2003) MI030077 (Jun. 13, 2003) Bacon And Related Acts’’. This PA030015 (Jun. 13, 2003) MI030078 (Jun. 13, 2003) publication is available at each of the 50 PA030016 (Jun. 13, 2003) MI030079 (Jun. 13, 2003) Regional Government Depository PA030017 (Jun. 13, 2003) MI030080 (Jun. 13, 2003) PA030019 (Jun. 13, 2003) Libraries and many of the 1,400 MI030081 (Jun. 13, 2003) Government Depository Libraries across PA030020 (Jun. 13, 2003) MI030082 (Jun. 13, 2003) PA030021 (Jun. 13, 2003) the country. MI030083 (Jun. 13, 2003) PA030023 (Jun. 13, 2003) MI030084 (Jun. 13, 2003) General wage determinations issued PA030024 (Jun. 13, 2003) MI030085 (Jun. 13, 2003) under the Davis-Bacon and related Acts PA030025 (Jun. 13, 2003) MI030086 (Jun. 13, 2003) PA030026 (Jun. 13, 2003) are available electronically at no cost on MI030087 (Jun. 13, 2003) PA030027 (Jun. 13, 2003) the Government Printing Office site at MI030088 (Jun. 13, 2003) PA030028 (Jun. 13, 2003) http://www.access.gpo.gov/davisbacon. MI030089 (Jun. 13, 2003) PA030029 (Jun. 13, 2003) MI030090 (Jun. 13, 2003) They are also available electronically by PA030030 (Jun. 13, 2003) MI030091 (Jun. 13, 2003) subscription to the Davis-Bacon Online PA030031 (Jun. 13, 2003) MI030092 (Jun. 13, 2003) Service (http:// PA030040 (Jun. 13, 2003) davisbacon.fedworld.gov) of the PA030050 (Jun. 13, 2003) MI030093 (Jun. 13, 2003) PA030051 (Jun. 13, 2003) MI030094 (Jun. 13, 2003) National Technical Information Service PA030059 (Jun. 13, 2003) MI030095 (Jun. 13, 2003) (NTIS) of the U.S. Department of PA030060 (Jun. 13, 2003) MI030096 (Jun. 13, 2003) Commerce at 1–800–363–2068. This PA030061 (Jun. 13, 2003) MI030097 (Jun. 13, 2003) subscription offers value-added features MI030098 (Jun. 13, 2003) Volume III MI030099 (Jun. 13, 2003) such as electronic delivery of modified wage decisions directly to the user’s None. MI030100 (Jun. 13, 2003) MI030101 (Jun. 13, 2003) desktop, the ability to access prior wage Volume IV MI030103 (Jun. 13, 2003) decisions issued during the year, Michigan MI030105 (Jun. 13, 2003) extensive Help desk Support, etc. MI030106 (Jun. 13, 2003) MI030001 (Jun. 13, 2003) Hard-copy subscriptions may be MI030002 (Jun. 13, 2003) Volume V MI030003 (Jun. 13, 2003) purchased from: Superintendent of MI030004 (Jun. 13, 2003) Louisiana Documents, U.S. Government Printing MI030005 (Jun. 13, 2003) LA030005 (Jun. 13, 2003) Office, Washington, DC 20402, (202) MI030007 (Jun. 13, 2003) LA030006 (Jun. 13, 2003) 512–1800. LA030014 (Jun. 13, 2003) MI030008 (Jun. 13, 2003) When ordering hard-copy MI030010 (Jun. 13, 2003) LA030015 (Jun. 13, 2003) MI030011 (Jun. 13, 2003) Nebraska subscription(s), be sure to specify the MI030012 (Jun. 13, 2003) NE030001 (Jun. 13, 2003) State(s) of interest, since subscriptions MI030013 (Jun. 13, 2003) NE030003 (Jun. 13, 2003) may be ordered for any or all of the six MI030015 (Jun. 13, 2003) NE030005 (Jun. 13, 2003) separate Volumes, arranged by State. MI030016 (Jun. 13, 2003) NE030010 (Jun. 13, 2003) Subscriptions include an annual edition MI030017 (Jun. 13, 2003) NE030011 (Jun. 13, 2003) (issued in January or February) which MI030019 (Jun. 13, 2003) NE030019 (Jun. 13, 2003) includes all current general wage MI030020 (Jun. 13, 2003) Texas MI030021 (Jun. 13, 2003) TX030010 (Jun. 13, 2003) determinations for the States covered by MI030023 (Jun. 13, 2003) TX030015 (Jun. 13, 2003) each volume. Throughout the remainder MI030027 (Jun. 13, 2003) TX030055 (Jun. 13, 2003) of the year, regular weekly updates will MI030030 (Jun. 13, 2003) TX030060 (Jun. 13, 2003) be distributed to subscribers.

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Signed in Washington, DC this 13th day of scheduling priorities of the key accommodate the scheduling priorities May, 2004. participants. of the key participants. Terry Sullivan, R. Andrew Falcon, R. Andrew Falcon, Acting Chief, Branch of Construction Wage Determinations. Advisory Committee Management Officer, Advisory Committee Management Officer, National Aeronautics and Space National Aeronautics and Space [FR Doc. 04–11272 Filed 5–20–04; 8:45 am] Administration. Administration. BILLING CODE 4510–27–M [FR Doc. 04–11459 Filed 5–20–04; 8:45 am] [FR Doc. 04–11577 Filed 5–20–04; 8:45 am] BILLING CODE 7510–01–P BILLING CODE 7510–01–P

NATIONAL AERONAUTICS AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION NUCLEAR REGULATORY SPACE ADMINISTRATION COMMISSION [Notice 04–070] [Notice 04–069] Agency Information Collection Activities: Proposed Collection; NASA Advisory Council, Education NASA Advisory Council; Meeting Comment Request Advisory Committee; Meeting AGENCY: National Aeronautics and Space Administration. AGENCY: U.S. Nuclear Regulatory AGENCY: National Aeronautics and ACTION: Notice of meeting. Commission (NRC). Space Administration. ACTION: Notice of pending NRC action to ACTION: Notice of Meeting. SUMMARY: In accordance with the submit an information collection Federal Advisory Committee Act, Public request to OMB and solicitation of SUMMARY: In accordance with the Law 92–463, as amended, the National public comment. Federal Advisory Committee Act, Public Aeronautics and Space Administration Law 92–463, as amended, the National announces a meeting of the NASA SUMMARY: The NRC is preparing a Aeronautics and Space Administration Advisory Council (NAC). submittal to OMB for review of announces a meeting of the NASA DATES: Tuesday, June 8, 2004, 8 a.m. to continued approval of information Advisory Council, Education Advisory 3:30 p.m; and Wednesday, June 9, 2004, collections under the provisions of the Committee. 8 a.m. to 3 p.m. Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). ADDRESSES: DATES: Thursday, June 24, 2004, Noon National Aeronautics and Information pertaining to the to 5:45 p.m.; Friday, June 25, 2004, 8:30 Space Administration, 300 E Street, requirement to be submitted: a.m. to Noon. SW., Washington, DC 20546, MIC 6. 1. The title of the information ADDRESSES: Hilton Houston NASA Clear FOR FURTHER INFORMATION CONTACT: Ms. collection: 10 CFR part 21, Report of Lake, 3000 NASA Road 1, Houston, TX Kathy Dakon, National Aeronautics and Defects and Noncompliance. 77058. Space Administration, Washington, DC 2. Current OMB approval number: 20546, 202/358–0732. 3150–0035. FOR FURTHER INFORMATION CONTACT: Ms. SUPPLEMENTARY INFORMATION: The 3. How often the collection is Mei Mei Peng, Code N, National meeting will be open to the public up required: On occasion. Aeronautics and Space Administration, to the seating capacity of the room. The 4. Who is required or asked to report: Washington, DC, 20546, (202) 358–1614. agenda for the meeting is as follows: All directors and responsible officers of SUPPLEMENTARY INFORMATION: The • Vision for Space Exploration firms and organizations building, meeting will be open to the public up • NASA Office of Exploration operating, or owning NRC licensed to the seating capacity of the room. The Systems facilities as well as directors and agenda for the meeting is as follows: • Update on Return to Flight responsible officers of firms and • —Introduction by Dr. William Harvey, Information Technology Working organizations supplying basic Chairman of the NASA Education Group Activities components and safety related design, Advisory Committee Attendees will be requested to sign a analysis, testing, inspection, and —Comments by Dr. Adena Williams register and to comply with NASA consulting services of NRC licensed Loston, Associate Administrator for security requirements, including the facilities or activities. Education presentation of a valid picture ID, before 5. The number of annual respondents: receiving an access badge. Foreign —Presentation on the Impact of the 36 respondents. nationals attending this meeting will be 6. The number of hours needed Educator Astronaut Program on required to provide the following annually to complete the requirement or Elementary and Secondary Education information: Full name; gender; date/ request: 7,790 hours (5,112 for reporting by Ms. Barbara Morgan, Educator place of birth; citizenship; visa/green and 2,678 for recordkeeping) and total Astronaut card information (number, type, of 142 hours per each response and 74 —Updates in relation to expiration date); employer/affiliation hours per each recordkeeper. recommendations from the February information (name of institution, 7. Abstract: 10 CFR part 21 2004 Education Advisory Committee address, county, phone); and title/ implements section 206 of the Energy Meeting position of attendee. To expedite Reorganization Act of 1974, as —Open discussion and a review of admittance, attendees can provide amended. It requires directors and action items from the February 2004 identifying information in advance by responsible officers of firms and Education Advisory Committee contacting Ms. Marla K. King via e-mail organizations building, operating, Meeting at [email protected] or by owning, or supplying basic components Persons with disabilities who require telephone at (202) 358–1148. Persons to NRC licensed facilities or activities to assistance should indicate this. It is with disabilities who require assistance report defects and noncompliance that imperative that the meeting be held on should indicate this. It is imperative could create a substantial safety hazard this date to accommodate the that the meeting be held on this date to at NRC licensed facilities or activities.

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Organizations subject to 10 CFR part 21 NUCLEAR REGULATORY testing of one control rod from the Palisades are also required to maintain such COMMISSION Technical Specification surveillance records as may be required to assure requirement for partial movement every 92 [Docket No. 50–255] days. The proposed License Condition does compliance with this regulation. not affect or create any accident initiators or The NRC staff reviews 10 CFR part 21 Nuclear Management Company, LLC, precursors. As such, the proposed license reports to determine whether the Notice of Consideration of Issuance of condition does not increase the probability of reported defects in basic components Amendment to Facility Operating an accident. The proposed license amendment does not and related services and failure to License, Proposed No Significant Hazards Consideration Determination, significantly increase the consequences of an comply at NRC licensed facilities or accident. The safety analyses assume full- activities are potentially generic safety and Opportunity for a Hearing length control rod insertion, except the most problems. The U.S. Nuclear Regulatory reactive rod, upon reactor trip. The proposed Commission (the Commission) is surveillance requirement (SR) extension Submit, by July 20, 2004, comments request does not increase the allowed outage that address the following questions: considering issuance of an amendment time of any required operable structures, to Facility Operating License No. DPR– 1. Is the proposed collection of systems, or components (SSCs), and does not 20 issued to Nuclear Management information necessary for the NRC to reduce the requirement to know that the Company, LLC, (the licensee) for deferred SR could be met at all times. properly perform its functions? Does the operation of the Palisades Plant located Deferral of testing does not, by itself, increase information have practical utility? in Van Buren County, Michigan. the potential that the testing would not be 2. Is the burden estimate accurate? The proposed amendment would met. The ability to move a full-length control replace existing License condition rod by its drive mechanism is not an initial 3. Is there a way to enhance the assumption used in the safety analyses. quality, utility, and clarity of the 2.C.(5) and its corresponding table, with a new license condition stating that Control rod drop times are verified during information to be collected? performance of a surveillance that is performance of Technical Specification 4. How can the burden of the normally performed during refueling outages. surveillance requirement 3.1.4.3 is not NMC has determined that control rod drive information collection be minimized, required for control rod drive 19 only, (CRD) seal leakage does not increase the including the use of automated until the next refueling outage, but no likelihood of an untrippable control rod. collection techniques or other forms of later than September 30, 2004. Therefore, the assumptions of the safety information technology? Before issuance of the proposed analyses will be maintained, and the license amendment, the Commission consequences of an accident will not be A copy of the draft supporting increased significantly. statement may be viewed free of charge will have made findings required by the Atomic Energy Act of 1954, as amended Deleting the existing license condition at the NRC Public Document Room, One 2.C.(5) and Table 2.C.(5) is administrative, (the Act), and the Commission’s White Flint North, 11555 Rockville since the provision has expired, and has no regulations. Pike, Room O–1 F21, Rockville, MD impact on plant operation or equipment. The Commission has made a Therefore, operation of the facility in 20852. OMB clearance requests are proposed determination that the available at the NRC worldwide Web accordance with the proposed License amendment request involves no Condition would not involve a significant site: http://www.nrc.gov/public-involve/ significant hazards consideration. Under increase in the probability or consequences doc-comment/omb/index.html. The the Commission’s regulations in Title 10 of an accident previously evaluated. document will be available on the NRC of the Code of Federal Regulations (10 2. Does the proposed amendment create home page site for 60 days after the CFR), Section 50.92, this means that the possibility of a new or different kind of signature date of this notice. operation of the facility in accordance accident from any accident previously evaluated? Comments and questions about the with the proposed amendment would Response: No. information collection requirements not (1) involve a significant increase in The proposed license condition does not may be directed to the NRC Clearance the probability or consequences of an involve a physical alteration of any SSC or Officer, Brenda Jo. Shelton (T–5 F52), accident previously evaluated; or (2) change the way any SSC is operated. The U.S. Nuclear Regulatory Commission, create the possibility of a new or proposed license condition does not involve Washington, DC 20555–0001, by different kind of accident from any operation of any required SSCs in a manner accident previously evaluated; or (3) or configuration different from those telephone at 301–415–7233, or by previously recognized or evaluated. No new Internet electronic mail to involve a significant reduction in a margin of safety. As required by 10 CFR failure mechanisms will be introduced by the [email protected]. SR deferral being requested. 50.91(a), the licensee has provided its Deleting the existing license condition Dated at Rockville, Maryland, this 17th day analysis of the issue of no significant 2.C.(5) and Table 2.C.(5) is administrative, of May 2004. hazards consideration, which is since the provision has expired, and has no For the Nuclear Regulatory Commission. presented below: impact on plant operation or equipment. Brenda Jo. Shelton, Nuclear Management Company, LLC Therefore, the proposed amendment does not create the possibility of a new or different NRC Clearance Officer, Office of the Chief (NMC) has evaluated whether or not a kind of accident from any accident Information Officer. significant hazards consideration is involved with the proposed amendment by focusing previously evaluated. [FR Doc. 04–11509 Filed 5–20–04; 8:45 am] on the three standards set forth in 10 CFR 3. Does the proposed amendment involve BILLING CODE 7590–01–P 50.92, ‘‘Issuance of Amendment,’’ as a significant reduction in a margin of safety? discussed below: Response: No. 1. Does the proposed amendment involve The safety analyses assume full-length a significant increase in the probability or control rod insertion, except the most consequences of an accident previously reactive rod, upon reactor trip. The proposed evaluated? License Condition does not, by itself, Response: No. introduce a failure mechanism. Past The proposed license amendment deletes performance of the SR in question has outdated information from the operating demonstrated reliability in passing the license and adds a license condition to delay deferred SR. The proposed license condition

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does not involve any physical changes to the 0001, and should cite the publication right under the Act to be made a party plant or manner in which the plant is date and page number of this Federal to the proceeding; (3) the nature and operated. The ability to move a full-length Register notice. Written comments may extent of the requestor’s/petitioner’s control rod by its drive mechanism is not an also be delivered to Room 6D59, Two property, financial, or other interest in initial assumption used in the safety White Flint North, 11545 Rockville the proceeding; and (4) the possible analyses. Control rod drop times are verified during performance of a surveillance that is Pike, Rockville, Maryland, from 7:30 effect of any decision or order which normally performed during refueling outages. a.m. to 4:15 p.m. Federal workdays. may be entered in the proceeding on the NMC has determined that CRD seal leakage Documents may be examined, and/or requestors/petitioner’s interest. The does not increase the likelihood of an copied for a fee, at the NRC’s Public petition must also identify the specific untrippable control rod. Document Room, located at One White contentions which the petitioner/ Therefore, the assumptions of the safety Flint North, Public File Area O1 F21, requestor seeks to have litigated at the analyses will be maintained, and the margin 11555 Rockville Pike (first floor), proceeding. of safety is not reduced significantly. Rockville, Maryland. Each contention must consist of a Deleting the existing license condition The filing of requests for hearing and specific statement of the issue of law or 2.C.(5) and Table 2.C.(5) is administrative, petitions for leave to intervene is fact to be raised or controverted. In since the provision has expired, and has no impact on plant operation or equipment. discussed below. addition, the petitioner/requestor shall Therefore, the proposed amendment would Within 60 days after the date of provide a brief explanation of the bases not involve a significant reduction in a publication of this notice, the licensee for the contention and a concise margin of safety. may file a request for a hearing with statement of the alleged facts or expert respect to issuance of the amendment to opinion which support the contention The NRC staff has reviewed the the subject facility operating license and and on which the petitioner intends to licensee’s analysis and, based on this any person whose interest may be rely in proving the contention at the review, it appears that the three affected by this proceeding and who hearing. The petitioner/requestor must standards of 10 CFR 50.92(c) are wishes to participate as a party in the also provide references to those specific satisfied. Therefore, the NRC staff proceeding must file a written request sources and documents of which the proposes to determine that the for a hearing and a petition for leave to petitioner is aware and on which the amendment request involves no intervene. Requests for a hearing and a petitioner intends to rely to establish significant hazards consideration. petition for leave to intervene shall be those facts or expert opinion. The The Commission is seeking public filed in accordance with the petition must include sufficient comments on this proposed Commission’s ‘‘Rules of Practice for information to show that a genuine determination. Any comments received Domestic Licensing Proceedings’’ in 10 dispute exists with the applicant on a within 30 days after the date of CFR Part 2. Interested persons should material issue of law or fact. publication of this notice will be consult a current copy of 10 CFR 2.309, Contentions shall be limited to matters considered in making any final which is available at the Commission’s within the scope of the amendment determination. PDR, located at One White Flint North, under consideration. The contention Normally, the Commission will not Public File Area 01F21, 11555 Rockville must be one which, if proven, would issue the amendment until the Pike (first floor), Rockville, Maryland. entitle the petitioner to relief. A expiration of 60 days after the date of Publicly available records will be petitioner/requestor who fails to satisfy publication of this notice. The accessible from the Agencywide these requirements with respect to at Commission may issue the license Documents Access and Management least one contention will not be amendment before expiration of the 60- System’s (ADAMS) Public Electronic permitted to participate as a party. day period provided that its final Reading Room on the Internet at the Those permitted to intervene become determination is that the amendment NRC Web site, http://www.nrc.gov/ parties to the proceeding, subject to any involves no significant hazards reading-rm/doc-collections/cfr/. If a limitations in the order granting leave to consideration. In addition, the request for a hearing or petition for intervene, and have the opportunity to Commission may issue the amendment leave to intervene is filed by the above participate fully in the conduct of the prior to the expiration of the 30-day date, the Commission or a presiding hearing. comment period should circumstances officer designated by the Commission or If a hearing is requested, the change during the 30-day comment by the Chief Administrative Judge of the Commission will make a final period such that failure to act in a Atomic Safety and Licensing Board determination on the issue of no timely way would result, for example in Panel, will rule on the request and/or significant hazards consideration. The derating or shutdown of the facility. petition; and the Secretary or the Chief final determination will serve to decide Should the Commission take action Administrative Judge of the Atomic when the hearing is held. If the final prior to the expiration of either the Safety and Licensing Board will issue a determination is that the amendment comment period or the notice period, it notice of a hearing or an appropriate request involves no significant hazards will publish in the Federal Register a order. consideration, the Commission may notice of issuance. Should the As required by 10 CFR 2.309, a issue the amendment and make it Commission make a final No Significant petition for leave to intervene shall set immediately effective, notwithstanding Hazards Consideration Determination, forth with particularity the interest of the request for a hearing. Any hearing any hearing will take place after the petitioner in the proceeding, and held would take place after issuance of issuance. The Commission expects that how that interest may be affected by the the amendment. If the final the need to take this action will occur results of the proceeding. The petition determination is that the amendment very infrequently. should specifically explain the reasons request involves a significant hazards Written comments may be submitted why intervention should be permitted consideration, any hearing held would by mail to the Chief, Rules and with particular reference to the take place before the issuance of any Directives Branch, Division of following general requirements: (1) The amendment. Administrative Services, Office of name, address and telephone number of Nontimely requests and/or petitions Administration, U.S. Nuclear Regulatory the requestor or petitioner; (2) the and contentions will not be entertained Commission, Washington, DC 20555– nature of the requestor’s/petitioner’s absent a determination by the

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Commission or the presiding officer of For the Nuclear Regulatory Commission. accumulated a large amount of the Atomic Safety and Licensing Board John Stang, noncombustible materials contaminated that the petition, request and/or the Project Manager, Section I, Project Directorate with small amounts of fissile material contentions should be granted based on III, Division of Licensing Project Management, (legacy materials). The legacy materials a balancing of the factors specified in 10 Office of Nuclear Reactor Regulation. include piping, equipment parts, ceiling CFR 2.309(a)(1)(i)–(viii). [FR Doc. 04–11508 Filed 5–20–04; 8:45 am] tiles, and concrete blocks. GNF believes A request for a hearing or a petition BILLING CODE 7590–01–P that it will difficult and burdensome to for leave to intervene must be filed by: demonstrate that this material meets the (1) First class mail addressed to the present regulatory requirements in 10 Office of the Secretary of the NUCLEAR REGULATORY CFR 71.53 for exemption from fissile Commission, U.S. Nuclear Regulatory COMMISSION material classification and from the Commission, Washington, DC 20555– [Docket No. 70–1113] fissile material package standards of 10 0001, Attention: Rulemaking and CFR 71.55 and 71.59. Adjudications Staff; (2) courier, express Global Nuclear Fuel—Americas, LLC, On January 26, 2004, NRC published mail, and expedited delivery services: Environmental Assessment and a final rule amending its regulations in Office of the Secretary, Sixteenth Floor, Finding of No Significant Impact 10 CFR Part 71 on packaging and One White Flint North, 11555 Rockville Related to Proposed Exemption From transporting radioactive material, Pike, Rockville, Maryland 20852, Fissile Classification and Fissile ‘‘Compatibility with IAEA Attention: Rulemaking and Material Package Requirements Transportation Safety Standards (TS-R– Adjudications Staff; (3) E-mail 1) and Other Transportation Safety addressed to the Office of the Secretary, AGENCY: Nuclear Regulatory Amendments,’’ (69 FR 3698; January 26, U.S. Nuclear Regulatory Commission, Commission. 2004). The final rule, in part, makes [email protected]; or (4) facsimile ACTION: Finding of no significant impact changes in fissile material exemption transmission addressed to the Office of and environmental assessment. requirements to address the unintended the Secretary, U.S. Nuclear Regulatory economic impacts of NRC’s emergency Commission, Washington, DC, FOR FURTHER INFORMATION CONTACT: final rule, ‘‘Fissile Material Shipments Attention: Rulemakings and Kevin M. Ramsey, Fuel Cycle Facilities and Exemptions,’’ (62 FR 5907; Adjudications Staff at (301) 415–1101, Branch, Division of Fuel Cycle Safety February 10, 1997). In particular, the verification number is (301) 415–1966. and Safeguards, Office of Nuclear revised requirements for exemption A copy of the request for hearing and Material Safety and Safeguards, U.S. from classification as fissile material petition for leave to intervene should Nuclear Regulatory Commission, Mail (placed in revised 10 CFR 71.15) also be sent to the Office of the General Stop T–8A33, Washington, DC 20555– provide greater flexibility to licensees Counsel, U.S. Nuclear Regulatory 0001, telephone (301) 415–7887 and e- shipping radioactive material than is Commission, Washington, DC 20555– mail [email protected]. provided in 10 CFR 71.53. The effective 0001, and it is requested that copies be SUPPLEMENTARY INFORMATION: date of the final rule is October 1, 2004. transmitted either by means of facsimile I. Introduction On April 19, 2004, GNF requested transmission to 301–415–3725 or by e- permission to use the revised fissile mail to [email protected]. A copy The U.S. Nuclear Regulatory material exemption in 10 CFR 71.15(c) of the request for hearing and petition Commission (NRC) is considering the prior to October 1, 2004. Use of this for leave to intervene should also be issuance of an amendment to NRC revised requirement would allow GNF sent to Jonathan Rogoff, Esquire, Vice Materials License SNM–1097 to allow a to ship approximately 800 containers of President, Counsel & Secretary Nuclear one-time exemption from fissile legacy materials without these legacy Management Company, LLC, 700 First material classification and the fissile materials being classified as fissile Street, Hudson, WI 54016, attorney for material package requirements in 10 materials and without needing to the licensee. CFR 71.55 and the standards for arrays comply with the fissile material For further details with respect to this of fissile material packages in 10 CFR packaging requirements of 10 CFR 71.55 action, see the application for 71.59 for the shipment of certain and 71.59. Because GNF wants to make amendment dated May 10, 2004, which radioactive waste materials by Global this shipment before the effective date is available for public inspection at the Nuclear Fuel—Americas, LLC (GNF or of the amended part 71 final rule, the Commission’s PDR, located at One licensee) to a disposal facility and to provisions of amended 10 CFR 71.15 are White Flint North, File Public Area O1 impose license conditions on the unavailable to GNF. However, under the F21, 11555 Rockville Pike (first floor), shipment. The NRC has prepared an provisions of 10 CFR 71.8, NRC may Rockville, Maryland. Publicly available Environmental Assessment (EA) in grant an exemption from the records will be accessible from the support of this action. Based upon the requirements of the regulations in part Agencywide Documents Access and EA, the NRC has concluded that a 71 that it determines is authorized by Management System’s (ADAMS) Public Finding of No Significant Impact law and will not endanger life or Electronic Reading Room on the Internet (FONSI) is appropriate and, therefore, property nor the common defense and at the NRC Web site, http:// an Environmental Impact Statement security. Accordingly, NRC is www.nrc.gov/reading-rm/adams.html. (EIS) will not be prepared. considering issuing an exemption to Persons who do not have access to II. Environmental Assessment GNF from fissile material classification ADAMS or who encounter problems in and from the fissile material packaging accessing the documents located in Background requirements of 10 CFR 71.55 and 71.59, ADAMS, should contact the NRC PDR GNF is authorized under NRC together with conditions that would be Reference staff by telephone at 1–800– Materials License SNM–1097 to placed in the license to govern this one- 397–4209, 301–415–4737, or by e-mail manufacture nuclear reactor fuel time shipment of approximately 800 to [email protected]. utilizing special nuclear material containers of legacy materials. The Dated at Rockville, Maryland, this 14th day (SNM), specifically low-enriched purpose of this document is to assess of May 2004. uranium. During operation, GNF has the environmental consequences of the

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proposed exemption and proposed classification and from the fissile motor vehicle. The proposed action license conditions. material package requirements for this would not cause dose rates to the driver shipment. exceeding the DOT limit. Review Scope The possibility of a criticality The purpose of this EA is to assess the Alternatives accident due to transportation of this environmental impacts of issuing a The alternatives available to NRC are: material was evaluated during the license amendment to GNF which 1. Approve the license amendment as development of the new rule containing grants an exemption from fissile above-described; the fissile material classification classification and from 10 CFR 71.55 2. No action (i.e., deny issuance of the exemption, the substance of which is to and 71.59 and imposes conditions on license amendment) be incorporated into the license as a the shipment of approximately 800 Affected Environment condition for the one-time shipment containers of legacy materials. It does planned by GNF. The results of the not approve issuance of the license The affected environment for the evaluation are documented in NUREG/ amendment. This assessment will proposed action would be the CR–5342, ‘‘Assessment and determine whether to issue a FONSI or immediate vicinity of the vehicle used Recommendations for Fissile Material to prepare an EIS. Should NRC issue a to transport the material. Packaging Exemptions and General FONSI, no EIS will be prepared. The affected environment for no Licenses Within 10 CFR part 71’’ (NRC, action is the GNF site. A full description 1998). The evaluation concluded that Proposed Action of the site and its characteristics is given the mass limits in the exemptions could The proposed action is to amend NRC in the 1997 EA for the renewal of be safely increased to provide greater Materials License SNM–1097 to exempt Special Nuclear Material License No. flexibility to licensees shipping the licensee from fissile material SNM–1097 (NRC, May 1997). The GNF radioactive material. In addition, an EA classification and from fissile material facility is located on a site of about 1664 was prepared and a FONSI was package standards in 10 CFR 71.55 and acres in New Hanover County, North published in Section VIII of the final 71.59 for a one-time shipment of Carolina, approximately 6 miles north of rule amending 10 CFR part 71 (NRC, approximately 800 containers of legacy the city of Wilmington. January 2004). The EA explicitly materials and to impose the following Environmental Impacts of Proposed considered the potential environmental conditions on this shipment: Action impacts of the revised fissile material Fissile material meeting the following exemptions. requirements is exempt from The risk to human health from the Under the proposed action, the doses classification as fissile material and transportation of all radioactive material to the public and to the workers are not from the fissile material package in the U.S. was evaluated in the ‘‘Final increased beyond those considered in standards of 10 CFR 71.55 and 71.59, Environmental Impact Statement on the the Final Environmental Impact but is subject to all other requirements Transportation of Radioactive Material Statement on the Transportation of of 10 CFR Part 71: by Air and Other Modes,’’ NUREG–0170 Radioactive Material by Air and Other (1) Low concentrations of solid fissile (NRC, 1977). The principal radiological Modes (NRC, 1977). Therefore, material commingled with solid environmental impact during normal shipment of these materials as proposed nonfissile material, provided that: transportation is direct radiation would be consistent with the (i) There is at least 2000 grams of exposure to nearby persons from assessment of environmental impacts solid nonfissile material for every gram radioactive material in the package. The and the conclusions in the Final of fissile material, and average annual individual dose from all Environmental Impact Statement on the (ii) There is no more than 180 grams radioactive material transportation in Transportation of Radioactive Material of fissile material distributed within 360 the U.S. was calculated to be by Air and Other Modes (NRC, 1977). kilograms of contiguous nonfissile approximately 0.5 mrem, well below the The NRC has determined that the material. 10 CFR part 20 requirement of 100 approval of the proposed amendment (2) Lead, beryllium, graphite, and mrem for a member of the public. The will not have a significant impact on hydrogenous material enriched in proposed action would result in effluent releases, environmental deuterium may be present in the additional shipments. Additional monitoring, water resources, geology, package, but must not be included in shipments would expose more members soils, air quality, demography, biota, or determining the required mass of solid of the public to radiation, increase cultural or historic resources under nonfissile material. nonradiological truck emissions, and normal transport conditions. These conditions are required to increase the risk of injuries from traffic provide reasonable assurance that the accidents. However, the increases Environmental Impacts of No Action material will not pose an unsafe would be so small that the differences Alternative criticality hazard during transport. would be negligible. Denying this amendment request Occupational health was also would result in the continued storage of Purpose and Need for Proposed Action considered in the Final Environmental a large amount of contaminated material GNF is currently manufacturing Impact Statement on the Transportation on the licensee’s site. Although the risk nuclear reactor fuel at its Wilmington, of Radioactive Material by Air and of a release is low, the risk would NC facility. It is requesting the license Other Modes (NRC, 1977). The average remain. In addition, the material poses amendment to facilitate the transport annual occupational dose to the an ever-increasing financial liability and subsequent disposal of driver(s) is estimated to be 8.7 mSv (870 because disposal must still be approximately 800 containers of legacy mrem), which is below the 10 CFR part accomplished before the facility can be materials stored at the site. The licensee 20 requirement of 50 mSv (5000 mrem). decommissioned and released for has a contract with a disposal site that The Department of Transportation unrestricted use. will expire before October 1, 2004. In (DOT) regulations in 49 CFR 177.842(g) The occupational health impacts order to ship these materials under its require that the radiation dose rate may would not change significantly as a existing contract, it must obtain an not exceed 0.02 mSv (2 mrem) per hour result of denial of this amendment exemption from fissile material in any position normally occupied in a request. Occupational doses at the

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facility may be slightly higher as a result Shipments and Exemptions,’’ Emergency For the Nuclear Regulatory Commission. of the need to continue surveillance and Final Rule, 10 CFR Part 71, 62 FR 5907. Robert C. Pierson, maintenance activities; however, the U.S. Nuclear Regulatory Commission (NRC), Director, Division of Fuel Cycle Safety and facility will continue to implement May 1997, ‘‘Environmental Assessment for Safeguards, Office of Nuclear Material Safety NRC-approved, radiation safety Renewal of Special Nuclear Material and Safeguards. License SNM–1097,’’ Legacy Accession No. procedures for handling radioactive [FR Doc. 04–11510 Filed 5–20–04; 8:45 am] 9705080142. materials. Thus, the dose to workers U.S. Nuclear Regulatory Commission (NRC), BILLING CODE 7590–01–P under the no action alternative will July 1998, NUREG/CR–5342, ‘‘Assessment remain within acceptable regulatory and Recommendations for Fissile Material limits. Packaging Exemptions and General SECURITIES AND EXCHANGE The NRC has determined that denial Licenses Within 10 CFR Part 71.’’ COMMISSION of the proposed amendment will not U.S. Nuclear Regulatory Commission (NRC), have a significant impact on effluent January 26, 2004, ‘‘Compatibility With [Release No. 34–49711; File No. S7–24–89] releases, environmental monitoring, IAEA Transportation Safety Standards Joint Industry Plan; Order Granting (TS–R–1) and Other Transportation Safety water resources, geology, soils, air Approval of Amendment No. 13A of the quality, demography, biota, or cultural Amendments,’’ Final Rule, 10 CFR Part 71, 69 FR 3698. Reporting Plan for Nasdaq-Listed or historic resources at or near the GNF Securities Traded on Exchanges on an site. Global Nuclear Fuel—Americas LLC (GNFA), April 19, 2004, ‘‘Exemption Request,’’ Unlisted Trading Privilege Basis, Based on its review, the NRC has ADAMS No. ML041190402. Submitted by the National Association concluded that the environmental of Securities Dealers, Inc., the Boston impacts associated with the proposed III. Final Finding of No Significant Stock Exchange, Inc., the Chicago action are insignificant and, therefore, Impact Stock Exchange, Inc., the Cincinnati do not warrant denial of the proposed Pursuant to 10 CFR part 51, the NRC Stock Exchange, Inc., the Pacific license amendment. The NRC has Exchange, Inc., the American Stock determined that the proposed action, has considered the environmental consequences of amending NRC Exchange LLC, and the Philadelphia approval of the license amendment as Stock Exchange, Inc. described, is the appropriate alternative Materials License SNM–1097 to exempt for selection. Based on an evaluation of GNF from fissile material classification May 14, 2004. the environmental impacts of the and from the fissile material package I. Introduction proposed license amendment, the NRC requirements in 10 CFR 71.55 and 71.59 has determined that the proper action is for a one-time shipment of On October 31, 2003, the Cincinnati to issue a FONSI in the Federal approximately 800 containers of legacy Stock Exchange, Inc. (‘‘CSE’’) on behalf Register. materials and to impose license of itself and the National Association of conditions on the shipment. On the Securities Dealers, Inc. (‘‘NASD’’), the Agencies and Persons Contacted basis of this assessment, the American Stock Exchange LLC On May 6, 2004, the NRC staff Commission has concluded that (‘‘Amex’’), the Boston Stock Exchange, provided the draft EA and FONSI to environmental impacts associated with Inc. (‘‘BSE’’), the Chicago Stock staff from the North Carolina the proposed action would not be Exchange, Inc. (‘‘CHX’’), the Pacific Department of Environmental and significant and the Commission is Exchange, Inc. (‘‘PCX’’), and the Natural Resources (DENR). On May 7, making a finding of no significant Philadelphia Stock Exchange, Inc. 2004, the DENR Radiation Protection impact. Accordingly, preparation of an (‘‘PHLX’’) (hereinafter referred to as Section responded that it had no EIS is not warranted. ‘‘Participants’’), as members of the comments. IV. Further Information operating committee (‘‘Operating The NRC staff has determined that the Committee’’ or ‘‘Committee’’) 1 of the proposed action is not a type of activity For further details, see the references Plan submitted to the Securities and that has potential to cause effects on listed above. Documents may be Exchange Commission (‘‘SEC’’ or historical properties because it is examined, and/or copied for a fee, at the ‘‘Commission’’) a proposal to amend the administrative in nature. Therefore, no NRC’s Public Document Room (PDR), Plan (‘‘Amendment 13A’’) 2 pursuant to consultation is required under Section located at One White Flint North, Room Rule 11Aa3–2 3 and Rule 11Aa3–1 4 106 of the National Historic O–1F21, 11555 Rockville Pike, under the Securities Exchange Act of Preservation Act. Rockville, Maryland. In addition, 1934 (‘‘Act’’ or ‘‘Exchange Act’’). The The NRC staff has determined that the documents related to this proposed proposal reflects several changes proposed action is not a type of activity action will be available electronically unanimously adopted by the that has potential to effect threatened or for public inspection from the NRC Committee.5 Amendment 13A was endangered species, or critical habitat Agencywide Documents Access and because it is administrative in nature. Management System (ADAMS). ADAMS 1 The Committee is made up of all the Therefore, no consultation is required is accessible from the NRC Web site at Participants. 2 The Commission notes that CSE recently under Section 7 of the Endangered http://www.nrc.gov/reading-rm/ changed its name to National Stock Exchange. Species Act. adams.html (the Public Electronic However, a Plan amendment that would change the Reading Room). Persons who do not name of CSE to National Stock Exchange for Plan References have access to ADAMS, or who purposes has not been submitted to the U.S. Nuclear Regulatory Commission (NRC), Commission. See Securities Exchange Act Release encounter problems accessing No. 48774 (November 12, 2003), 68 FR 65332 December 1977, NUREG–0170, ‘‘Final documents in ADAMS, should contact (November 19, 2003) (File No. SR–CSE–2003–12). Environmental Impact Statement on the the PDR reference staff at (800) 397– 3 17 CFR 240.11Aa3–2. Transportation of Radioactive Material by 4209 or (301) 415–4737, or by e-mail at 4 17 CFR 240.11Aa3–1. Air and Other Modes,’’ Accession No. [email protected]. 5 CSE was chair of the Operating Committee at the ML022590265. time the 13A Amendment was filed with the U.S. Nuclear Regulatory Commission (NRC), Dated at Rockville, Maryland, this l4th day Commission. Subsequently, PCX and its subsidiary February 10, 1997, ‘‘Fissile Material of May 2004. Continued

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published for comment in the Federal as a securities market from its functions following is a summary of the changes Register on February 3, 2004.6 The as the securities information processor to the Plan proposed in Amendment Commission received no comment (‘‘SIP’’ or ‘‘Processor’’) for the Nasdaq 13A. letters on Amendment 13A. UTP Plan. The Internal SIP began 1. Section III.T. of the Plan,11 which operating in July 2002. The Legacy II. Description and Purpose of the defines ‘‘Quotation Information,’’ would securities information processing Amendment be amended to reflect that both the system application (the ‘‘Legacy SIP’’) NASD Alternative Display Facility and The Commission originally approved operated in parallel with this new the Nasdaq markets send individual the Plan on a pilot basis on June 26, system until March 31, 2003. In 1990.7 The parties did not begin trading market participant information to the addition, certain other changes raised 12 until July 12, 1993, accordingly, the during the Operating Committee Processor. pilot period commenced on July 12, deliberations were proposed as part of 2. Section III.Z. of the Plan would 1993. The Plan has since been in Amendment 13. The changes in redefine ‘‘NQDS.’’ 13 ‘‘NQDS’’ will now operation on an extended pilot basis.8 Amendment 13 were grouped in four be defined as ‘‘the data stream of By way of background, the Operating categories: information that provides the best Committee submitted the Amendment Category 1: changes that would quotations and sizes from each Nasdaq 13 to the Nasdaq UTP Plan (Amendment become effective upon Nasdaq’s Participant.’’ In addition, Section III.Z. 13’’) to address amendments related to exchange registration; would add a definition for ‘‘Nasdaq (1) The Nasdaq Stock Market, Inc.’s Category 2: changes that would Participant,’’ which is ‘‘an entity that is (‘‘Nasdaq’’) separation from NASD and become effective upon the launch of the registered as a market maker or an anticipated registration as a national Internal SIP; electronic communications network in securities exchange, and (2) the Category 3: changes that would Nasdaq or otherwise utilizes the implementation of an Internal Securities become effective upon the end of the facilities of Nasdaq pursuant to Information Processor (‘‘Internal SIP’’) parallel period and the elimination of applicable NASD rules but does not designed to separate Nasdaq’s functions the Legacy SIP; and include an NASD Participant as defined Category 4: changes where timing was in Section III.G. of this Plan.’’ A the Archipelago Exchange were elected co-chairs of not an issue. The changes detailed in definition of NASD Participant would the Operating Committee for the Joint Self- Categories 2, 3 and 4 were approved by Regulatory Organization Plan Governing the be added in Section III.G.14 Sections the Commission.9 The changes detailed Collection, Consolidation and Dissemination of III.G through III.X. would be accordingly Quotation and Transaction Information for Nasdaq- in Category 1 have not been approved Listed Securities Traded on Exchanges on an because Nasdaq’s exchange registration Unlisted Trading Privilege Basis (‘‘Nasdaq UTP 11 In Amendment 13A, the Plan section number has not been approved. for ‘‘Quotation Information’’ is erroneously listed as Plan’’ or ‘‘Plan’’) by the Participants. The NASD, acting through its 6See Securities Exchange Act Release No. 49137 III.R. This error was based on an anticipated (January 28, 2004), 69 FR 5217 (February 3, 2004). subsidiary, Nasdaq, proposed renumbering of Section III, which would occur 7 See Securities Exchange Act Release No. 28146, Amendment 13A to address changes to when Item 6 of the Category 1 changes in 55 FR 27917 (July 6, 1990) (‘‘1990 Plan Approval the Plan related to the elimination of the Amendment 13 is approved. 12 Order’’). Legacy SIP. As a condition to its The Commission approved Nasdaq’s Order 8 See Securities Exchange Act Release Nos. 34371 Display Facility, Order Collector Facility, and (July 13, 1994), 59 FR 37103 (July 20, 1994); 35221 decision to sunset the operation of the Trading Platform (collectively, ‘‘SuperMontage’’) (January 11, 1995), 60 FR 3886 (January 19, 1995); Legacy SIP on March 31, 2003, the contingent upon the NASD offering a quote and 36102 (August 14, 1995), 60 FR 43626 (August 22, Operating Committee determined to trade reporting alternative thereto, subsequently 1995); 36226 (September 13, 1995), 60 FR 49029 adopt the proposed changes contained named the Alternative Display Facility (‘‘ADF’’). (September 21, 1995); 36368 (October 13, 1995), 60 See Securities Exchange Act Release No. 43863 FR 54091 (October 19, 1995); 36481 (November 13, in Amendment 13A. As described (January 19, 2001), 66 FR 8020 (January 26, 2001) 1995), 60 FR 58119 (November 24, 1995) below, the proposed Amendment 13A (‘‘SuperMontage Order’’). (‘‘November 1995 Extension Order’’); 36589 also affects certain changes proposed in 13 NQDS had previously been defined in Section (December 13, 1995), 60 FR 65696 (December 20, the Amendment 13, Category 1 revisions III.O. of the Plan as ‘‘the Nasdaq Quotation 1995); 36650 (December 28, 1995), 61 FR 358 Dissemination Service, a data stream of information (January 4, 1996); 36934 (March 6, 1996), 61 FR currently pending approval with the that provides Vendors and Subscribers with 10 10408 (March 13, 1996); 36985 (March 18, 1996), Commission. quotations and sizes from all Participants and 61 FR 12122 (March 25, 1996); 37689 (September These proposed changes clarify the Nasdaq market participants.’’ The definition in 16, 1996), 61 FR 50058 (September 24, 1996); 37772 operation of the Internal SIP pending Section III.O. and related references to NQDS in the (October 1, 1996), 61 FR 52980 (October 9, 1996); Nasdaq’s exchange registration. The Plan were proposed to be eliminated through Item 38457 (March 31, 1997), 62 FR 16880 (April 8, 7 of the Category 1 amendments. NQDS would be 1997); 38794 (June 30, 1997) 62 FR 36586 (July 8, redefined in proposed Section III.Z., therefore, the 1997); 39505 (December 31, 1997) 63 FR 1515 9 See Securities Exchange Act Release Nos. 46139 conflicting reference contained in Section III.O. (January 9, 1998); 40151 (July 1, 1998) 63 FR 36979 (June 28, 2001[sic]), 67 FR 44888 (July 5, 2002) would be deleted. In addition, Item 7 of the pending (July 8, 1998); 40896 (December 31, 1998), 64 FR (putting into effect summarily Category 2 of Amendment 13, Category 1 revisions would be 1834 (January 12, 1999); 41392 (May 12, 1999), 64 Amendment 13 on a temporary basis not to exceed revised to reference Section III.Z. instead of Section FR 27839 (May 21, 1999) (‘‘May 1999 Approval 120 days); and 46381 (August 19, 2002), 67 FR III.O. Order’’); 42268 (December 23, 1999), 65 FR 1202 54687 (August 23, 2002) (approving the extension 14 The definition of ‘‘NASD Participant’’ in (January 6, 2000); 43005 (June 30, 2000), 65 FR of the Plan through August 19, 2003); and 46729 Section III.G. originally would have been added 42411 (July 10, 2000); 44099 (March 23, 2001), 66 (October 25, 2002), 67 FR 66685 (November 1, 2002) through Item 4 of the Category 1 amendments. FR 17457 (March 30, 2001); 44348 (May 24, 2001), (approving the amendments in Categories 2, 3 and However, because the term is necessary to 66 FR 29610 (May 31, 2001); 44552 (July 13, 2001), 4 on a pilot basis through August 19, 2003, to be distinguish between the NASD ADF and Nasdaq 66 FR 37712 (July 19, 2001); 44694 (August 14, coterminous with the expiration of the Plan and market participants (and is already used in various 2001), 66 FR 43598 (August 20, 2001); 44804 continuing the exemption under Rule 11Aa3–2(f) provisions of the Plan), this definition is included (September 17, 2001), 66 FR 48299 (September 19, under the Act, 17 CFR 240.11Aa3–2(f), from as part of Amendment 13. As a result, Item 4 of the 2001); 45081 (November 19, 2001), 66 FR 59273 compliance with Section VI.C.1 of the Plan as Category 1 amendments would be removed from the (November 27, 2001); 44937 (October 15, 2001), 66 required by Rule 11Aa3–2(d) under the Act, 17 CFR list of pending Amendment 13 changes. In addition, FR 53271 (October 19, 2001); 46139 (June 28, 2001), 240.11Aa3–2(d), see Securities Exchange Act because the NASD ADF and Nasdaq are now 67 FR 44888 (July 5, 2002); 46381 (August 19, Release No. 46139). See also Securities Exchange operating under two distinct marketplace identifiers 2002), 67 FR 54687 (August 23, 2002); 46729 Act Release No. 48882 (December 4, 2003), 68 FR (D and Q, respectively), Section VIII.C. of the Plan (October 25, 2002), 67 FR 66685 (November 1, 69731 (December 15, 2003) (extending the Plan would be amended to reflect this. As a result, Item 2002); 48318 (August 12, 2003), 68 FR 49534 through December 15, 2004). 10 of the Category 1 amendments would be (August 18, 2003); and 48882 (December 4, 2003), 10 See Securities Exchange Act Release No. 46139 removed from the list of the pending Amendment 68 FR 69731 (December 15, 2003). (June 28, 2001), 67 FR 44888 (July 5, 2002). 13 changes.

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renumbered to Sections III.H through the development of a national market An Open Meeting will be held on III.Y. system for securities, ‘‘having due Wednesday, May 26, 2004, at 10 a.m. 3. Section VI.B. and VI.C.3. of the regard for the public interest, the Commissioners, Counsel to the Plan would be amended to clarify who protection of investors, and the Commissioners, the Secretary to the will act as the Processor for NQDS given maintenance of fair and orderly Commission, and recording secretaries the timing of Nasdaq’s exchange markets,’’ and cites as an objective of will attend the Closed Meetings. Certain registration and the appointment of an that system the ‘‘fair competition * * * staff members who have an interest in independent processor. Specifically, so between exchange markets and markets the matters may also be present. long as Nasdaq is not registered as a other than exchange markets.’’ 18 Rule The General Counsel of the national securities exchange but is still 11Aa3–2(c)(2) requires the Commission Commission, or his designee, has the Plan’s Processor, these revisions to approve a plan or amendment ‘‘if it certified that, in his opinion, one or would clarify that the Processor shall finds that such plan or amendment is more of the exemptions set forth in 5 collect, consolidate, disseminate, and necessary or appropriate in the public U.S.C. 552b(c)(3), (5), (7), (9), and (10) distribute the quotation information interest, for the protection of investors, and 17 CFR 200.402(a)(3), (5), (7), 9(ii), contained in NQDS. The revisions and the maintenance of fair and orderly and (10), permit consideration of the would also provide that, in the event a markets, to remove impediments to, and scheduled matters at the Closed new Processor is selected for the Plan’s perfect the mechanisms of, a national Meeting. other data feeds while Nasdaq’s market system, or otherwise in Commissioner Campos, as duty exchange registration is still pending, furtherance of the purposes of the officer, voted to consider the items the Operating Committee would need to Act.’’ 19 The Commission finds that listed for the closed meetings in closed determine whether to allow Nasdaq or approving Amendment 13A is sessions. a third party to act as the Processor for appropriate in the public interest and The subject matter of the Closed NQDS. otherwise in furtherance of the purposes Meeting scheduled for Tuesday, May 25, 4. Finally, Amendment 13A would of the Act. The amendment makes 2004 will be: amend Plan Exhibit 1, which governs changes to the Plan related to the Formal order of investigation; the distribution of revenue attributable elimination of the Legacy SIP, which Institution and settlement of to the sale of market data collected will enhance the maintenance of fair injunctive actions; and pursuant to the Plan. Paragraph 3 of and orderly markets, and remove Institution and settlement of Plan Exhibit 1 would be amended to impediments to, and perfect the administrative proceedings of an clarify that NQDS continues to be one mechanisms of, a national market enforcement nature. The subject matter of the Open of the data feeds subject to Paragraph 3. system. It also would be amended to reflect the Meeting scheduled for Wednesday, May change in the name of the ‘‘Level 1 IV. Conclusion 26, 2004 will be: 1. The Commission will consider Service’’ to the ‘‘UTP Quote Data Feed’’ It is therefore ordered, pursuant to whether to adopt amendments to Form (Section III.I) and the ‘‘Nasdaq Last Sale Section 11A of the Act 20 and paragraph N–1A under the Securities Act of 1933 Information Service’’ to ‘‘UTP Trade (c)(2) of Rule 11Aa3–2 21 thereunder, and the Investment Company Act of Data Feed’’ (Section M), as well as that Amendment 13A to the Plan be, 1940 that would require an open-end reflect the addition of the OTC Montage and hereby is, approved. Data Feed (Section III.O).15 management investment company to For the Commission, by the Division of provide enhanced prospectus disclosure III. Discussion and Commission’s Market Regulation, pursuant to delegated regarding breakpoint discounts on front- Findings 22 authority. end sales loads. After careful consideration of Margaret H. McFarland, For further information, please proposed Amendment 13A to the Plan, Deputy Secretary. contact Christian L. Broadbent at (202) the Commission finds that approving [FR Doc. 04–11518 Filed 5–20–04; 8:45 am] 942–0721. Amendment 13A is consistent with the BILLING CODE 8010–01–P 2. The Commission will consider requirements of the Act and the rules whether to adopt new rule 204A–1 and regulations thereunder, and, in under the Investment Advisers Act of particular, Section 11A(a)(1) 16 of the SECURITIES AND EXCHANGE 1940 (‘‘Advisers Act’’). The rule would Act and Rules 11Aa3–1 and 11Aa3– COMMISSION require investment advisers to adopt 2(c)(2) thereunder.17 Section 11A of the codes of ethics that would set forth Act directs the Commission to facilitate Sunshine Act Meetings standards of conduct for advisory Notice is hereby given, pursuant to personnel and address conflicts that 15 The change in definition of the UTP Quote, arise from personal trading by advisory UTP Trade and OTC Montage Data Feeds was the provisions of the Government in the approved as part of the Category 2 amendments, but Sunshine Act, Public Law 94–409, that personnel. The Commission will also the cross-references in Paragraph 3 of Plan Exhibit the Securities and Exchange consider whether to adopt related 1 were not revised at that time (the cross-references Commission will hold the following amendments to Advisers Act rule 204– were instead listed as part of Item 15 of the 2, Advisers Act Form ADV, and rule Category 1 changes). In drafting the Amendment meetings during the week of May 24, 13A resolution, the Operating Committee assumed 2004: 17j–1 under the Investment Company these changes were effective. The Processor Closed Meetings will be held on Act of 1940. continued to disseminate the Level 1, Level 2 and Tuesday, May 25, 2004, at 11 a.m., For further information, please Nasdaq Last Sale Information Service for a parallel contact Robert Tuleya at (202) 942– period to enable market data vendors to have a Wednesday, May 26, 2004, at 12 p.m., smooth transition to the new feeds. To the extent and Thursday, May 27, 2004, at 2 p.m. 0719. there is Plan revenue attributable to the parallel 3. The Commission will consider operation of these feeds, that revenue is governed 18 whether to propose a new rule under by Paragraph 3 as though those terms had not been 15 U.S.C. 78k–1(a). 19 Section 17A of the Securities Exchange deleted. 17 CFR 240.11Aa3–2(c)(2). 16 15 U.S.C. 78k–1(a)(1). 20 15 U.S.C. 78k–1. Act of 1934 (‘‘Exchange Act’’) that 17 17 CFR 240.11Aa3–1 and 17 CFR 240.11Aa3– 21 17 CFR 240.11Aa3–2(c)(2). would prohibit registered transfer agents 2(c)(2). 22 17 CFR 200.30–3(a)(27). from effecting any transfer of an equity

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securities registered under Section 12 or The subject matter of the Closed in the Federal Register on April 14, 15(d) of the Exchange Act where Meeting scheduled for Thursday, May 2004.5 No comments were received on transfer of such security to or from 27, 2004, will be: the proposed rule change. This order securities intermediaries is restricted or Formal order of investigation; approves the proposed rule change. prohibited. The term ‘‘securities Institution and settlement of The proposed rule change will amend intermediary’’ would be defined in the injunctive actions; NASD IM–10104, Rule 10306, and Rule rule as a clearing agency registered Institution and settlement of under Section 17A of the Exchange Act administrative proceedings of an 10319 of the Code to impose a fee of or a person, including a bank, broker, or enforcement nature; and an adjudicatory $100 per arbitrator on parties and to dealer, that in the ordinary course of its matter. compensate arbitrators in the event a business maintains securities accounts At times, changes in Commission hearing is adjourned within three for others. For purposes of the proposed priorities require alterations in the business days before a scheduled rule, the term ‘‘equity securities’’ scheduling of meeting items. For further hearing session. excludes securities issued by information and to ascertain what, if The Commission believes the partnerships, as defined in § 229.901(b) any, matters have been added, deleted proposed rule change is consistent with of Regulation S–K, as well as any other or postponed, please contact: the Act and the rules and regulations equity security the Commission may The Office of the Secretary at (202) 942–7070. thereunder applicable to a national exempt. securities association.6 Specifically, the For further information, please Dated: May 18, 2004. Commission finds that the proposal is contact Jerry Carpenter or Susan Jonathan G. Katz, consistent with Section 15A(b)(6) of the Petersen, at (202) 942–4187. Secretary. Act,7 which requires, among other 4. The Commission will hear oral [FR Doc. 04–11655 Filed 5–19–04; 12:18 pm] argument on appeals by Clarke T. things, that NASD’s rules be designed to BILLING CODE 8010–01–P Blizzard and the Division of prevent fraudulent and manipulative Enforcement from the decision of an acts and practices, to promote just and equitable principles of trade, and, in administrative law judge. Blizzard was SECURITIES AND EXCHANGE general, to protect investors and the formerly a senior vice president and COMMISSION managing director of Shawmut public interest. Investment Advisers, Inc. (‘‘Shawmut’’). [Release No. 34–49716; File No. SR–NASD– The Commission believes the 2003–164] Rudolph Abel, formerly Shawmut’s proposed rule change will provide president and chief investment officer, Self-Regulatory Organizations; Order NASD Dispute Resolution with an opposes the Division’s petition for Approving Proposed Rule Change and effective means of addressing the review. Amendment Nos. 1 and 2 by the problems associated with last minute The law judge found that Blizzard National Association of Securities adjournments. The rule change should willfully aided and abetted and caused Dealers, Inc. Relating to the discourage frivolous adjournment violations of Section 206(1) and 206(2) Adjournment of an Arbitration Hearing requests while promoting more efficient of the Investment Advisers Act of 1940 Within Three Business Days of the use of the arbitration process by by Shawmut. The law judge found that First Scheduled Hearing Session charges that Abel aided and abetted encouraging parties, when appropriate, to settle their disputes earlier to avoid violations of those provisions were May 17, 2004. unproven because no primary violations On November 4, 2003, the National additional fees. In addition, the by Shawmut were established during Association of Securities Dealers, Inc. Commission believes the proposed rule the period that Abel was employed at (‘‘NASD’’ or ‘‘Association’’) through its change should help NASD Dispute Shawmut. The law judge ordered wholly owned subsidiary, NASD Resolution maintain a deep pool of Blizzard to cease and desist from Dispute Resolution, Inc. (‘‘NASD qualified arbitrators by assuring committing or causing any violations or Dispute Resolution’’), filed with the arbitrators of some compensation in the future violations of Section 206 of the Securities and Exchange Commission event a scheduled hearing is adjourned Advisers Act; to disgorge commissions (‘‘SEC’’ or ‘‘Commission’’), pursuant to at the last minute. In sum, the in the amount of $548,233, plus pre- Section 19(b)(1) of the Securities Commission believes that, by providing judgment interest; to pay a civil money Exchange Act of 1934 (‘‘Act’’) 1 and Rule a more efficient and effective forum for penalty of $100,000; and to be 19b–4 2 thereunder, a proposal to amend investors to address grievances suspended for 90 days from association the rules relating to the adjournment of involving NASD members, the proposed with an investment adviser. a scheduled arbitration hearing. On rule change will serve to protect Among the issues likely to be argued March 5, 2004, NASD filed Amendment investors and the public interest. are: 3 No. 1 to the proposed rule change. On It is therefore ordered, pursuant to 1. Whether Shawmut committed the April 1, 2004, NASD filed Amendment Section 19(b)(2) of the Act,8 that the alleged primary violation on which No. 2 to the proposed rule change.4 proposed rule change (File No. SR– aiding and abetting liability by Blizzard Notice of the proposed rule change, as NASD–2003–164) be, and it hereby is, and Abel may be premised. amended, was published for comment 2. Whether Blizzard and Abel approved. committed the alleged aiding-and- 1 15 U.S.C. 78s(b)(1). abetting violations. 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 49545 3. If respondents committed 3 See letter dated March 5, 2004 from Mignon (April 8, 2004), 69 FR 19887 (April 14, 2004). violations, whether sanctions should be McLemore, Counsel, NASD Dispute Resolution, to Katherine England, Assistant Director, Division of 6 In approving this proposal, the Commission has imposed in the public interest. considered the proposed rule’s impact on The subject matter of the Closed Market Regulation. 4 See letter dated April 1, 2004 from Mignon efficiency, competition, and capital formation. 15 Meeting scheduled for Wednesday, May McLemore, Counsel, NASD Dispute Resolution, to U.S.C. 78c(f). 26, 2004, will be: Katherine England, Assistant Director, Division of 7 15 U.S.C. 78o–3(b)(6). Post-argument discussion. Market Regulation. 8 15 U.S.C. 78s(b)(2).

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For the Commission, by the Division of DEPARTMENT OF TRANSPORTATION After the tap is installed, apply a Market Regulation, pursuant to delegated cylinder test gauge. authority.9 Federal Railroad Administration Original—3.1.2.8 The preferred Jill M. Peterson, location of the male pressure tap is Petition for Modification of Single Car Assistant Secretary. within a 2-ft radius around the exterior Air Brake Test Procedures surfaces of the pipe bracket for single- [FR Doc. 04–11519 Filed 5–20–04; 8:45 am] capacity brake systems. For brake BILLING CODE 8010–01–P In accordance with Part 232 of Title systems equipped with empty/load 49 Code of Federal Regulations (CFR), valves, the preferred location is within notice is hereby given that the Federal a 2-ft radius of the exterior surfaces of Railroad Administration (FRA) received the empty/load valve, and the pressure SMALL BUSINESS ADMINISTRATION a request for modification of the single tap must be located in the pipe from the car air brake test procedures as empty/load valve(s) to the brake [Declaration of Disaster #P033] prescribed in § 232.305(a). The cylinder(s). The pressure tap may be individual petition is described below, located at the side sill of the car near the State of Arkansas including the party seeking relief, the control valve or the empty/load valve if regulatory provisions involved, the so equipped. See the AAR Manual of As a result of the President’s major nature of the relief being requested, and Standards and Recommended Practices, disaster declaration for Public the petitioner’s argument in favor of Standard S–4020, for a more detailed Assistance on May 7, 2004, the U.S. relief. description of recommended pressure Small Business Administration is The Association of American Railroads tap locations. activating its disaster loan program only Paragraph 3.1.2.9 is being modified for private non-profit organizations that [Docket Number FRA–2004–17566] and renumbered as 3.1.2.7 provide essential services of a Pursuant to 49 CFR 232.307, the Original—3.1.2.9 If the car is governmental nature. I find that Baxter, Association of American Railroads equipped with an empty/load device, Boone, Carroll, Franklin, Jackson, (AAR) seeks modification of the single the device must be set to the loaded Johnson, Madison, Marion, Newton, car air brake test procedures, S–486, as position. For side frame sensing devices, Searcy, Stone, Washington, and prescribed in § 232.305(a) of the Brake place a block (2-in. minimum thickness) Woodruff Counties in the State of System Safety Standards for Freight and under the sensing arm. For slope sheet sensing devices, insert a pin (supplied Arkansas constitute a disaster area due Other Non-Passenger Trains and by Ellcon-National) or push in a plunger to damages caused by severe storms, Equipment. Specifically, AAR intends to remove all references to the flowrator (WABTEC). Note: For cars equipped flooding and landslides occurring on with empty/load devices, all test April 19, 2004, and continuing. method of testing brake cylinder leakage, and only permit the use of the procedures must be performed in the Applications for loans for physical gauge. The Sections, Paragraphs and loaded condition. Cars with empty/load damage as a result of this disaster may Parts of S–486 that AAR request to be devices that automatically reset to the be filed until the close of business on modified are as follows: empty position must be manually reset July 6, 2004, at the address listed below Original—3.1.2.6 Check the control to the loaded condition for each of the or other locally announced locations: valve pipe bracket, associated brake tests defined here. U.S. Small Business Administration, Modification—3.1.2.7 If the car is cylinder piping, and empty/load device equipped with an empty/load device, Disaster Area 3 Office, 14925 Kingsport for male brake cylinder pressure taps. If the device must be set to the loaded Road, Ft. Worth, TX 76155–2243. so equipped, apply a quick-disconnect position. For side frame sensing devices, The interest rates are: coupling with a brake cylinder pressure place a block (2-in. minimum thickness) test gauge. Percent under the sensing arm. For slope sheet Modification—3.1.2.6 Apply a brake sensing devices, insert a pin (supplied cylinder pressure test gauge to the brake by Ellcon-National) or push in a plunger For Physical Damage: cylinder pressure tap. NON-PROFIT ORGANIZATIONS (WABTEC). Note: For cars equipped WITHOUT CREDIT AVAIL- Paragraphs 3.1.2.7 and 3.1.2.8 The with empty/load devices, all test ABLE ELSEWHERE ...... 2.750 contents of these two paragraphs are procedures must be performed in the NON-PROFIT ORGANIZATIONS being eliminated. loaded position. Cars with empty/load WITH CREDIT AVAILABLE Original—3.1.2.7 If the car being devices that automatically reset to the ELSEWHERE ...... 4.875 tested has certain wheel defects, a brake empty position must be manually reset cylinder pressure tap must be installed. to the loaded position for each of the The number assigned to this disaster See the Field Manual of the AAR tests defined here. for physical damage is P03311. Interchange Rules, Rule 3, Chart A, for Original—3.5.1 With the control these defects. After the tap is installed, valve cut in, move the test device (Catalog of Federal Domestic Assistance apply a cylinder test gauge. Note: If the handle to position 1 and charge the Program Nos. 59008). car has the wheel defects shown in the system to 90 psi. Close the flowrator by- Dated: May 17, 2004. Field Manual of the AAR Interchange pass cock to determine if excessive Allan I. Hoberman, Rules, Rule 3, Chart A, and has a pipe leakage exists. Allow the ball to stabilize Acting Associate Administrator for Disaster plug in the brake cylinder pipe, remove at its lowest reading. When the ball Assistance. the plug and install an AAR-approved stabilizes at a point between the [FR Doc. 04–11578 Filed 5–20–04; 8:45 am] brake cylinder pressure measurement condemning line and the bottom of the BILLING CODE 8025–01–P tap. If the car is equipped with an tube, note the location of the top of the empty/load valve and the pipe plug is flowrator ball. Open the flowrator by- located upstream of the empty/load, pass cock. install the brake cylinder pressure tap Modification—3.5.1 With the 9 17 CFR 200.30–3(a)(12). downstream of the empty/load valve. control valve cut in, move the test

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device handle to position 1 and charge Paragraph 3.7.7 is being modified and Original—3.12.3.2 Brake Cylinder the system to 90 psi. Close the flowrator renumbered as 3.7.6. Leakage Test—Gauge Method by-pass cock to determine if excessive Original—3.7.7 If the brake cylinder Use the brake cylinder gauge method leakage exists. Allow the ball to stabilize gauge was installed as described in if a brake cylinder pressure gauge was at its lowest reading. The ball must paragraph 3.1.2.6 or paragraph 3.1.2.7, installed as described in paragraph stabilize between the condemning line soap the male pressure tap and 3.1.2.6 or paragraph 3.1.2.7. After the and the bottom of the tube. Open the coupling. No leakage is allowed. Note brake pipe pressure has stabilized at 80 flowrator by-pass cock. Original—3.6.1 the brake cylinder pressure after the psi, wait 3 minutes and then note the Lubricate the hand brake winding shaft brake pipe pressure has stabilized for pressure on the brake cylinder gauge. and oil cups, if so equipped, with a later comparison with paragraph 3.9.1, Wait another 1 minute and then recheck good grade of 30W oil. With the hand emergency tests, and paragraph 3.16.4.2, the brake cylinder gauge. No more than brake in released position, note that the empty/load test. a 1-psi increase or decrease in brake brake cylinder piston push rod(s) have Modification—3.7.6 Soap the male cylinder pressure is allowed. If brake returned into the brake cylinder(s). pressure tap and coupling. No leakage is cylinder pressure decreases, the Apply the hand brake. Observe that bell allowed. Note the brake cylinder probable cause is a leak in the brake crank, if so equipped, is in normal pressure after the brake pipe pressure cylinder or its associated piping. If working range. Using a bar, determine has stabilized for later comparison with brake cylinder pressure increases, the that all shoes applied by the hand brake paragraph 3.9.1, emergency tests, and probable cause is either a defective are firmly set against the wheels to paragraph 3.16.4.2, empty/load test. service portion or a defective emergency verify that associated linkage does not Paragraph 3.7.8—is being renumbered portion. Note: To determine which bind or foul. On cars with WABCOPAC/ as 3.7.7. There will no longer be a portion may be defective, move the NYCOPAC type truck mounted brakes Section 3.7.8. device handle to position 5, increase the and a hand brake that operates the brake Modification 3.12.1—A third probable brake application to a 30-psi reduction, beams on one or both trucks, a cause is being added. and then return the device handle to minimum of one shoe on each beam 3. Excessive brake cylinder leakage position 3. After the brake pipe pressure must be firmly set against the wheel to can cause the brake pipe to continue has stabilized, wait 2 minutes and then verify that associated linkage does not reducing. note the brake cylinder gauge. Wait bind or foul. Release hand brake using Paragraphs 3.12.3 and 3.12.3.1 are another 1 minute and then recheck the operating wheel and/or lever. Note that being eliminated. brake cylinder gauge. If the brake drum chain is fully unwound, that bell Original—3.12.3 If a brake cylinder cylinder pressure has increased, the crank, if so equipped, drops to lower pressure gauge was installed, go to emergency portion is defective or an limit, and that there is minimal slack in paragraph 3.12.3.2. internal leak exists in the reservoir the horizontal chain. Original—3.12.3.1 Brake Cylinder separation plate between the auxiliary Modification—3.6.1 Lubricate the Leakage Test—Flowrator Method and emergency reservoirs. If the brake hand brake winding shaft and oil cups, Use the flowrator method if a brake cylinder pressure did not increase, then if so equipped, with a good grade of cylinder pressure gauge is not used. the service portion is defective. 30W oil. With the hand brake in After the pressure has stabilized at 80 Modification 3.12.3 Brake Cylinder released position, note that the brake psi, wait 1 minute, close the flowrator Leakage Test cylinder piston push rod(s) have by-pass cock, and observe the flowrator After the brake pipe pressure has returned into the brake cylinder(s). until the ball stabilizes. If the airflow stabilized at 80 psi, wait 3 minutes and Apply the hand brake. Observe that bell causes the top of the flowrator ball to then note the pressure on the brake crank, if so equipped, is in normal rise two lines or more over the ball cylinder gauge. Wait another 1 minute working range. Using a bar, determine position noted previously in the system and then recheck the brake cylinder that all shoes applied by the hand brake leakage test (paragraph 3.5.1), inspect gauge. No more than a 1-psi increase or are firmly set against the wheels to the brake cylinder and associated piping decrease in brake cylinder pressure is verify that associated linkage does not for leakage. Repair any leakage found allowed. If brake cylinder pressure bind or foul. On cars with WABCOPAC/ and repeat the test. If no external brake decreases, the probable cause is a leak NYCOPAC type truck mounted brakes cylinder or associated piping leakage is in the brake cylinder or its associated and a hand brake that operates the brake detected, the probable cause is a piping. If brake cylinder pressure beams on one or both trucks, a defective service portion. If any exhaust increases, the probable cause is either a minimum of one shoe on each beam of air is detected at the emergency defective service portion or a defective must be firmly set against the wheel to portion vent valve or at a separate emergency portion. Note: To determine verify that associated linkage does not quick-service valve, then that particular which portion may be defective, move bind or foul. Release hand brake using valve portion is defective. At the the device handle to position 5, increase operating wheel and/or lever. Note that completion of this test, open the the brake application to a 30-psi drum chain is fully unwound, that bell flowrator by-pass cock. Proceed to reduction, and then return the device crank, if so equipped, drops to lower paragraph 3.13. Note: In addition to handle to position 3. After the brake limit, and that there is minimal slack in brake cylinder leakage, this test checks pipe pressure has stabilized, wait 2 the horizontal chain. New or for leakage of brake pipe pressure to the minutes and then note the brake reconditioned hand brakes do not brake cylinder when the control valve is cylinder gauge. Wait another 1 minute require lubrication at the time of in service lap position. This type of and then recheck the brake cylinder application. Handbrakes requiring defect results in abnormally high brake gauge. If the brake cylinder pressure has lubrication shall be in accordance with cylinder pressure. However, emergency increased, the emergency portion is MSRP section H3. reservoir pressure leaking to the brake defective or an internal leak exists in the Paragraph 3.7.6 is being eliminated. cylinder or to the auxiliary reservoir has reservoir separation plate between the Original—3.7.6 If the car is the same effect, but is undetectable with auxiliary and emergency reservoirs. If equipped with a bleed/stabilizing type this test. the brake cylinder pressure did not vent valve, ensure that the bleed valve Paragraph 3.12.3.2 is being modified increase, then the service portion is is reset (stem in, no air exhausting). and renumbered as 3.12.3. defective.

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Original—3.16.3 Completing the Note: If the car is equipped with an empty/ DEPARTMENT OF TRANSPORTATION Test on a Loaded Car load device, the car must be set to the LOADED position. If the car is equipped with Federal Railroad Administration Note: If a car is empty and equipped with a brake cylinder pressure tap, install a brake an Empty/Load, go to paragraph 3.16.4 or on cylinder pressure gauge. If the car does not Petition for Waiver of Compliance a car not equipped with a brake cylinder test gauge. have a tap, go to section 4.2, Retaining Valve Test. In accordance with Part 211 of Title Modification—3.16.3 Completing 49 Code of Federal Regulations (CFR), the Test on a Loaded Car or an Empty Modification—4.5 Brake Cylinder notice is hereby given that the Federal Car without Empty/Load. Leakage Test Railroad Administration (FRA) received a request for a waiver of compliance Note: If a car is empty and equipped with Note: If the car is equipped with an empty/ with certain requirements of its safety an Empty/Load, go to paragraph 3.16.4. load device, the car must be set to the loaded standards. The individual petition is position. Install a brake cylinder pressure Original—3.16.4 Completing Test on described below, including the party gauge. an empty car equipped with empty/load seeking relief, the regulatory provisions and a brake cylinder test gauge. involved, the nature of the relief being Interested parties are invited to requested, and the petitioner’s Note: If car has defective slack adjuster, participate in these proceedings by arguments in favor of relief. change slack adjuster and test according to submitting written views, data, or Sect 4.1, and then continue test with section comments. All communications Northeast Illinois Regional Commuter 3.16.4.1. concerning these proceedings should Railroad Corporation (Metra) Modification—3.16.4 Completing identify the appropriate docket number [Waiver Petition Docket Number FRA–2003– Test on an empty car equipped with (e.g., Docket Number FRA–2004–17566) 16891] and must be submitted to the Docket empty/load The Northeast Illinois Regional Clerk, DOT Docket Management Note: If car has defective slack adjuster, Commuter Railroad Corporation (Metra) Facility, Room PL–401 (Plaza Level), seeks a waiver of compliance from change slack adjuster and test according to 400 7th Street, SW., Washington, DC Sect 4.1, and then continue test with section certain provisions of the Railroad 3.16.4.1. 20590. Comments received within 60 Operating Practices, 49 CFR Part 218. days of the date of this notice will be Specifically, Metra requests relief from Original—3.16.5 If brake cylinder considered by FRA before final action is the requirements of 49 CFR 218.25, gauge was installed in 3.1.2.6, make taken. Pursuant to § 232.307(d), if no Workers on a Main Track, at Amtrak’s certain that gauge is removed at this comment objecting to the requested Chicago Union Station. time. Soap male brake cylinder pressure modification is received during the 60- Metra operates passenger trains out of tap. No leakage is allowed. If leakage is day comment period, or if FRA does not the north side of the Chicago Union present, drain brake cylinder, release issue a written objection to the brake and replace the brake cylinder Station, which were formally operated requested modification, the by the Milwaukee Road. In the past, pressure tap per section 4.4. modification will become effective 15 Modification—3.16.5 Make certain Metra conducted its operations under days after the close of the 60-day the conditions of waiver RSOR 82–1, that the brake cylinder pressure gauge is comment period. All written removed at this time. Soap male brake which had been previously granted to communications concerning these the Milwaukee Road on May 24, 1982. cylinder pressure tap. No leakage is proceedings are available for allowed. If leakage is present, drain This waiver provided relief from the examination during regular business requirements of § 218.27(c) and (e) at brake cylinder, release brake and hours (9 a.m.—5 p.m.) at the above replace the brake cylinder pressure tap the Chicago Union Station on tracks 1– facility. All documents in the public 3–5–7–9–11 and 13, for the Chicago, per section 4.4. docket are also available for inspection Paragraphs 3.17.2 through 3.17.5 Milwaukee, St Paul and Pacific Railroad and copying on the Internet at the The contents of these paragraphs have Company. That waiver prevented docket facility’s web site at http:// not changed. Paragraph 3.17.2 was enginemen from coupling to equipment dms.dot.gov. divided into two paragraphs, therefore until a carman had assured the engineer causing the other paragraphs to be Anyone is able to search the that the 480-volt standby cable had been renumbered. electronic form of all comments disconnected. Modification—3.17.2 To prevent received into any of our dockets by the It allowed carmen to plug and unplug possible overcharge problems, drain car name of the individual submitting the the 480-volt standby cable to the reservoirs. comment (or signing the comment, if equipment after the engine has been Modification—3.17.3 If empty/load submitted on behalf of an association, coupled to the equipment. It required a device on an empty car was set to business, labor union, etc.). You may yellow light to be displayed from the loaded position and was not set to review DOT’s complete Privacy Act north end marker bracket on the last car empty position in section 3.16.2, return Statement in the Federal Register of the train, platform side, prior to setting to empty position. published on April 11, 2000 (Volume connecting the standby cable. An Modification—3.17.4 Shut off air 65, Number 70; Pages 19477–78). The engineman was prohibited from supply to test device, or place device Statement may also be found at http:// restoring AC power to the train from the handle in Position 3. dms.dot.gov. head end, until the yellow light was 3 Modification—3.17.5 Open ⁄8-inch Issued in Washington, DC on May 17, removed. The reason the Milwaukee cock, and disconnect test device. 2004. Road requested the relief was to avoid Remove dummy coupling. filling the area under Union Station Modification—3.17.6 If required, Grady C. Cothen, Jr., with diesel fumes. They stated that the secure the car to prevent movement. Acting Associate Administrator for Safety. time it would take to establish and/or Original—4.5 Brake Cylinder [FR Doc. 04–11591 Filed 5–20–04; 8:45 am] remove blue signal protection was too Leakage Test Using Gauge BILLING CODE 4910–06–P long.

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In early December 2003, Amtrak Issued in Washington, DC on May 17, Access and Mobility and requiring changed the status of the 2004. attention to the obstacles outlined by aforementioned station tracks from Grady C. Cothen, Jr., GAO. The President’s Executive Order other than main track to main track, Acting Associate Administrator for Safety. requires agencies to identify and thereby voiding the provisions of the [FR Doc. 04–11590 Filed 5–20–04; 8:45 am] implement strategies for enhancing original waiver. Blue signal protection is BILLING CODE 4910–06–P coordinated services within a one-year now shifted from § 218.27, Workers on period. The United We Ride initiative Other Than Main Track, to § 218.25, includes a State Coordination Grant that Workers on Main Track. DEPARTMENT OF TRANSPORTATION provides support to help states address Metra is requesting FRA to consider the issues outlined both by GAO and by allowing the provisions of the old Federal Transit Administration the President in the Executive Order. Milwaukee Road waiver to be expanded [FTA Docket No. FTA–2094–17894] Estimated Total Annual Burden: 500 to include the provisions of § 218.25 for hours. all stub-ended tracks at Chicago Union Agency Information Collection Activity ADDRESSES: All written comments must Station. This will permit the railroad to Under OMB Review refer to the docket number that appears connect and disconnect standby power at the top of this document and be AGENCY: Federal Transit Administration, to the cab car or locomotive end of the submitted to the Office of Information DOT. train(s) which are at or near the and Regulatory Affairs, Office of bumping post of the former ‘‘other than ACTION: Request for emergency approval Management and Budget, 725–17th main track,’’ when they are in the same process. Street, NW., Washington, DC 20503, position on the new stub ended tracks. SUMMARY: In accordance with the Attention: FTA Desk Officer. Interested parties are invited to Paperwork Reduction Act of 1995 (44 Comments are Invited On: Whether participate in these proceedings by U.S.C. 3501 et seq.), this announces that the proposed collection of information submitting written views, data, or the Information Collection Request (ICR) is necessary for the proper performance comments. FRA does not anticipate abstracted below has been forwarded to of the functions of the Department, scheduling a public hearing in the Office of Management and Budget including whether the information will connection with these proceedings since (OMB) to request an emergency have practical utility; the accuracy of the facts do not appear to warrant a approval process. FTA requested the Department’s estimate of the burden hearing. If any interested party desires approval of this ICR by 30 days from the of the proposed information collection; an opportunity for oral comment, they date of publication of this notice. ways to minimize the burden of the should notify FRA, in writing, before collection of information on DATES: the end of the comment period and Comments must be submitted respondents, including the use of specify the basis for their request. before June 21, 2004. automated collection techniques or All communications concerning these FOR FURTHER INFORMATION CONTACT: other forms of information technology. Sylvia L. Marion, Office of proceedings should identify the Dated: May 18, 2004. appropriate docket number (e.g., Waiver Administration, Office of Management Ann M. Linnertz, Petition Docket Number FRA–2003– Planning, (202) 366–6680. Deputy Associate Administrator for 16891) and must be submitted to the SUPPLEMENTARY INFORMATION: Administration. Docket Clerk, DOT Docket Management Title: United We Ride State Facility, Room PL–401 (Plaza Level), Coordination Grants. [FR Doc. 04–11593 Filed 5–20–04; 8:45 am] 400 7th Street, SW., Washington, DC Type of Request: Emergency Approval BILLING CODE 4910–57–M 20590. Communications received within Request. 30 days of the date of this notice will OMB Control Number: 2132-New. DEPARTMENT OF TRANSPORTATION be considered by FRA before final Form(s): N/A. action is taken. Comments received after Affected Public: State agencies. Research and Special Programs that date will be considered as far as Abstract: FTA provides financial Administration practicable. All written communications assistance to states, local governments, concerning these proceedings are private nonprofit agencies, and public International Standards on the available for examination during regular bodies through 49 U.S.C. 5314 for Transport of Dangerous Goods; Public business hours (9 a.m.–5 p.m.) at the transportation services designed to meet Meetings above facility. All documents in the the needs of elderly persons and public docket are also available for persons with disabilities. The General AGENCY: Research and Special Programs inspection and copying on the Internet Accounting Office (GAO) issued two Administration (RSPA), Department of at the docket facility’s Web site at http:/ reports on Transportation for Transportation. /dms.dot.gov. Disadvantaged Populations (June 2003 ACTION: Notice of public meetings. Anyone is able to search the and February 2004). In these reports, electronic form of all comments GAO identified 62 federal programs that SUMMARY: This notice is to advise received into any of our dockets by the support transportation services for interested persons that RSPA will name of the individual submitting the individuals with disabilities, older conduct public meetings in preparation comment (or signing the comment, if adults and persons with lower incomes. for and to report the results of the 25th submitted on behalf of an association, GAO also identified a significant session of the United Nation’s Sub- business, labor union, etc.). You may number of obstacles and barriers to Committee of Experts on the Transport review DOT’s complete Privacy Act coordinating services. of Dangerous Goods (UNSCOE) to be Statement in the Federal Register On February 24, 2004, President Bush held July 5–14, 2004 in Geneva, published on April 11, 2000 (Volume signed an Executive Order Number Switzerland. 65, Number 70; Pages 19477–78). The 13330 on Human Service Transportation DATES: June 23, 2004, 9:30 a.m.–12:30 Statement may also be found at http:// Coordination establishing the Federal p.m., Room 3328. July 21, 2004, 9:30 dms.dot.gov. Interagency Coordinating Council on a.m.–12:30 p.m., Room 3200–3202.

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ADDRESSES: Both meetings will be held DEPARTMENT OF TRANSPORTATION 1152.27(c)(2),2 and trail use/rail banking at DOT Headquarters, Nassif Building, requests under 49 CFR 1152.29 3 must 400 Seventh Street, SW., Washington, Surface Transportation Board be filed by June 1, 2004. Petitions to DC 20590. reopen or requests for public use [STB Docket No. AB–6 (Sub–No. 414X)] conditions under 49 CFR 1152.28 must FOR FURTHER INFORMATION CONTACT: Mr. be filed by June 10, 2004, with the Bob Richard, International Standards The Burlington Northern and Santa Fe Surface Transportation Board, 1925 K Coordinator, or Mr. Duane Pfund, Railway Company—Abandonment Street, NW., Washington, DC 20423– Assistant International Standards Exemption—in Modoc and Siskiyou 0001. Coordinator, Office of Hazardous Counties, CA A copy of any petition filed with the Materials Safety, Department of The Burlington Northern and Santa Fe Board should be sent to BNSF’s Transportation, Washington, DC 20590; Railway Company (BNSF) has filed a representative: Michael Smith, Freeborn (202) 366–0656. notice of exemption under 49 CFR part & Peters, 311 S. Wacker Dr., Suite 3000, SUPPLEMENTARY INFORMATION: The 1152 subpart F—Exempt Abandonments Chicago, IL 60606–6677. primary purpose of the first meeting to abandon and discontinue service over If the verified notice contains false or will be to prepare for the 25th session a 33.77-mile line of railroad between misleading information, the exemption of the UNSCOE and to discuss draft U.S. milepost 0.00 near Lookout, and is void ab initio. positions on UNSCOE proposals. The milepost 33.77 near Hambone, in Modoc BNSF has filed an environmental primary purpose of the second meeting and Siskiyou Counties, CA. The line report which addresses the effects, if will be to provide a briefing on the traverses United States Postal Service any, of the abandonment and outcome of the UNSCOE session and to Zip Codes 96054 and 96056. discontinuance on the environment and prepare for the 26th session of the BNSF has certified that: (1) No local historic resources. SEA will issue an UNSCOE. Topics to be covered during traffic has moved over the line for at environmental assessment (EA) by May the public meetings include: (1) least 2 years; (2) there is no overhead 28, 2004. Interested persons may obtain Harmonization of the Recommendations traffic to be rerouted; (3) no formal a copy of the EA by writing to SEA on the Transport of Dangerous Goods complaint filed by a user of rail service (Room 500, Surface Transportation with the Globally Harmonized System on the line (or by a State or local Board, Washington, DC 20423–0001) or of Classification and Labeling of government entity acting on behalf of by calling SEA, at (202) 565–1539. Chemicals, (2) Hazards to the aquatic such user) regarding cessation of service (Assistance for the hearing impaired is environment (3) Procedures for incident over the line either is pending with the available through the Federal reporting, (4) Evaluation of the United Surface Transportation Board (Board) or Information Relay Service (FIRS) at 1– Nations packaging requirements, (5) with any U.S. District Court or has been 800–877–8339.) Comments on Transport of Dangerous Goods in decided in favor of complainant within environmental and historic preservation limited quantities and consumer the 2-year period; and (4) the matters must be filed within 15 days commodities, (6) Miscellaneous requirements at 49 CFR 1105.7 after the EA becomes available to the proposals related to listing and (environmental reports), 49 CFR 1105.8 public. classification and the use of packagings (historic reports), 49 CFR 1105.11 Environmental, historic preservation, and tanks. The public is invited to (transmittal letter), 49 CFR 1105.12 public use, or trail use/rail banking attend without prior notification. Due to (newspaper publication), and 49 CFR conditions will be imposed, where the heightened security measures 1152.50(d)(1) (notice to governmental appropriate, in a subsequent decision. participants are encouraged to arrive agencies) have been met. Pursuant to the provisions of 49 CFR early to allow time for security checks As a condition to this exemption, any 1152.29(e)(2), BNSF shall file a notice of necessary to obtain access to the employee adversely affected by the consummation with the Board to signify building. abandonment and discontinuance shall that it has exercised the authority be protected under Oregon Short Line R. Documents granted and fully abandoned its line. If Co.—Abandonment—Goshen, 360 I.C.C. consummation has not been effected by Copies of documents for the UNSCOE 91 (1979). To address whether this BNSF’s filing of a notice of meeting and the meeting agenda may be condition adequately protects affected consummation by May 21, 2005, and obtained by downloading them from the employees, a petition for partial there are no legal or regulatory barriers United Nations Transport Division’s revocation under 49 U.S.C. 10502(d) to consummation, the authority to Web site at: http://www.unece.org/trans/ must be filed. Provided no formal abandon will automatically expire. main/dgdb/dgsubc/c32004.html. This expression of intent to file an offer of Board decisions and notices are site may also be accessed through financial assistance (OFA) has been available on our Web site at RSPA’s Hazardous Materials Safety received, this exemption will be www.stb.dot.gov. Homepage at http;//hazmat.dot.gov/ effective on June 22, 2004, unless stayed pending reconsideration. Petitions to Decided: May 12, 2004. intstandards.htm. RSPA’s site provides By the Board, David M. Konschnik, additional information regarding the stay that do not involve environmental issues,1 formal expressions of intent to Director, Office of Proceedings. UNSCOE and related matters such as a Vernon A. Williams, summary of decisions taken at previous file an OFA under 49 CFR Secretary. sessions of the UNSCOE. 1 The Board will grant a stay if an informed [FR Doc. 04–11212 Filed 5–20–04; 8:45 am] Issued in Washington, DC, on May 17, decision on environmental issues (whether raised BILLING CODE 4915–01–P 2004. by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent Frits Wybenga, investigation) cannot be made before the 2 Each offer of financial assistance must be Deputy Associate Administrator for exemption’s effective date. See Exemption of Out- accompanied by the filing fee, which currently is Hazardous Materials Safety. of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any set at $1,100. See 49 CFR 1002.2(f)(25). request for a stay should be filed as soon as possible 3 Each trail use request must be accompanied by [FR Doc. 04–11594 Filed 5–20–04; 8:45 am] so that the Board may take appropriate action before the filing fee, which is set at $200.00. See 49 CFR BILLING CODE 4910–60–M the exemption’s effective date. 1002.2(f)(27).

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DEPARTMENT OF TRANSPORTATION OFA under 49 CFR 1152.27(c)(2),2 and DEPARTMENT OF THE TREASURY trail use/rail banking requests under 49 Surface Transportation Board CFR 1152.29 must be filed by May 28, Submission for OMB Review; 2004. Petitions to reopen or requests for Comment Request public use conditions under 49 CFR [STB Docket No. AB–6 (Sub–No. 415X)] May 13, 2004. 1152.28 must be filed by June 10, 2004, The Department of the Treasury has The Burlington Northern and Santa Fe with the Surface Transportation Board, submitted the following public Railway Company—Abandonment 1925 K Street, NW., Washington, DC information collection requirement(s) to Exemption—in Cavalier County, ND 20423–0001. OMB for review and clearance under the A copy of any petition filed with the The Burlington Northern and Santa Fe Paperwork Reduction Act of 1995, Board should be sent to BNSF’s Railway Company (BNSF) has filed a Public Law 104–13. Copies of the representative: Michael Smith, Freeborn notice of exemption under 49 CFR part submission(s) may be obtained by & Peters, 311 S. Wacker Dr., Suite 3000, 1152 subpart F—Exempt Abandonments calling the Treasury Bureau Clearance Chicago, IL 60606–6677. to abandon a 20.93-mile line of railroad Officer listed. Comments regarding this between BNSF milepost 74.07 near If the verified notice contains false or information collection should be Langdon and milepost 95.00 near misleading information, the exemption addressed to the OMB reviewer listed Hannah, in Cavalier County, ND. The is void ab initio. and to the Treasury Department line traverses United States Postal Clearance Officer, Department of the BNSF has filed an environmental Treasury, Room 11000, 1750 Service Zip Codes 58249, 58281 and report which addresses the 58239. Pennsylvania Avenue, NW., abandonment’s effects, if any, on the Washington, DC 20220. environment and historic resources. BNSF has certified that: (1) No local DATES: Written comments should be SEA will issue an environmental traffic has moved over the line for at received on or before June 21, 2004 to assessment (EA) by May 28, 2004. least 2 years; (2) all overhead traffic can be assured of consideration. be rerouted over other lines; (3) no Interested persons may obtain a copy of formal complaint filed by a user of rail the EA by writing to SEA (Room 500, Internal Revenue Service (IRS) service on the line (or by a state or local Surface Transportation Board, OMB Number: 1545–1013. government entity acting on behalf of Washington, DC 20423–0001) or by Form Number: IRS Form 8612. such user) regarding cessation of service calling SEA, at (202) 565–1539. Type of Review: Extension. over the line either is pending with the [Assistance for the hearing impaired is Title: Return of Excise Tax on Board or with any U.S. District Court or available through the Federal Undistributed Income of Real Estate has been decided in favor of Information Relay Service (FIRS) at 1– Investment Trusts. complainant within the 2-year period; 800–877–8339.] Comments on Description: Form 8612 is used by real and (4) the requirements at 49 CFR environmental and historic preservation estate investment trusts to compute and 1105.7 (environmental reports), 49 CFR matters must be filed within 15 days pay the excise tax on undistributed 1105.8 (historic reports), 49 CFR after the EA becomes available to the income imposed under section 4981. 1105.11 (transmittal letter), 49 CFR public. IRS uses the information to verify that the correct amount of tax has been 1105.12 (newspaper publication), and Environmental, historic preservation, reported. 49 CFR 1152.50(d)(1) (notice to public use, or trail use/rail banking governmental agencies) have been met. Respondents: Business or other for- conditions will be imposed, where profit. As a condition to this exemption, any appropriate, in a subsequent decision. Estimated Number of Respondents/ employee adversely affected by the Pursuant to the provisions of 49 CFR Recordkeeping: 20. abandonment shall be protected under 1152.29(e)(2), BNSF shall file a notice of Estimated Burden Hours Respondent/ Oregon Short Line R. Co.— consummation with the Board to signify Recordkeepers: Abandonment—Goshen, 360 I.C.C. 91 that it has exercised the authority Recordkeeping—6 hr., 13 min. (1979). To address whether this granted and fully abandoned the line. If Learning about the law or the condition adequately protects affected consummation has not been effected by form—1 hr., 40 min. employees, a petition for partial BNSF’s filing of a notice of Preparing and sending the form to revocation under 49 U.S.C. 10502(d) consummation by May 21, 2005, and the IRS—1 hr., 52 min. must be filed. there are no legal or regulatory barriers Frequency of response: On occasion. Provided no formal expression of to consummation, the authority to Estimated Total Reporting/ intent to file an offer of financial abandon will automatically expire. Recordkeeping Burden: 196 hours. assistance (OFA) has been received, this OMB Number: 1545–1338. Board decisions and notices are Regulation Project Number: PS–103– exemption will be effective on June 22, available on our Web site at 90 Final. 2004, unless stayed pending www.stb.dot.gov. Type of Review: Extension. reconsideration. Petitions to stay that do Title: Election Out of Subchapter K for 1 Decided: May 13, 2004. not involve environmental issues, Producers of Natural Gas. formal expressions of intent to file an By the Board, David M. Konschnik, Description: Under section 1.761– Director, Office of Proceedings. 2(d)(5)(i), gas producers subject to gas 1 The Board will grant a stay if an informed Vernon A. Williams, balancing agreements on the decision on environmental issues (whether raised by a party or by the Board’s Section of Secretary. regulation’s effective date are to file Environmental Analysis (SEA) in its independent [FR Doc. 04–11429 Filed 5–20–04; 8:45 am] Form 3115 and certain additional investigation) cannot be made before the BILLING CODE 4915–01–P information to obtain the exemption’s effective date. See Exemption of Out- Commissioner’s consent to a change in of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible 2 Each OFA must be accompanied by the filing method of accounting to either of the so that the Board may take appropriate action before fee, which currently is set at $1,100. See 49 CFR two new permissible accounting the exemption’s effective date. 1002.2(f)(25). methods in the regulations.

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Respondents: Business or other for- SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY profit, individuals or households. Title: Mortgage Interest Credit. Estimated Number of Respondents: OMB Number: 1545–0188. Internal Revenue Service 10. Form Number: 4868. Estimated Burden Hours Respondent: Abstract: Form 4868 is used by Proposed Collection; Comment 30 minutes. taxpayers to apply for an automatic 4- Request for Form 8815 Frequency of response: On occasion, month extension of time to file Form AGENCY: Other (one-time only). Internal Revenue Service (IRS), 1040, Form 1040A or Form 1040EZ. The Treasury. Estimated Total Reporting Burden: 5 form contains information used by the hours. IRS to determine if a taxpayer qualifies ACTION: Notice and request for Clearance Officer: Glenn P. Kirkland, for the extension. comments. (202) 622–3428, Internal Revenue Current Actions: There are no changes Service, Room 6411–03, 1111 SUMMARY: The Department of the being made to the form at this time. Treasury, as part of its continuing effort Constitution Avenue, NW., Washington, Type of Review: Extension of a DC 20224. to reduce paperwork and respondent currently approved collection. burden, invites the general public and OMB Reviewer: Joseph F. Lackey, Jr., Affected Public: Individuals or (202) 395–7316, Office of Management other Federal agencies to take this households. opportunity to comment on proposed and Budget, Room 10235, New Estimated Number of Respondents: Executive Office Building,Washington, and/or continuing information 5,572,999. collections, as required by the DC 20503. Estimated Time Per Respondent: 1 hr., Paperwork Reduction Act of 1995, 5 min. Lois K. Holland, Public Law 104–13 (44 U.S.C. Estimated Total Annual Burden Treasury PRA Clearance Officer. 3506(c)(2)(A)). Currently, the IRS is Hours: 6,353,219. [FR Doc. 04–11494 Filed 5–20–04; 8:45 am] soliciting comments concerning Form The following paragraph applies to all BILLING CODE 4830–01–P 8815, Exclusion of Interest From Series of the collections of information covered EE and I U.S. Savings Bonds Issued by this notice: After 1989. DEPARTMENT OF THE TREASURY An agency may not conduct or sponsor, and a person is not required to DATES: Written comments should be Internal Revenue Service respond to, a collection of information received on or before July 20, 2004 to be unless the collection of information assured of consideration. Proposed Collection; Comment displays a valid OMB control number. ADDRESSES: Direct all written comments Request for Form 4868 Books or records relating to a collection to Glenn Kirkland, Internal Revenue of information must be retained as long Service, room 6411, 1111 Constitution AGENCY: Internal Revenue Service (IRS), as their contents may become material Avenue, NW., Washington, DC 20224. Treasury. in the administration of any internal FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for revenue law. Generally, tax returns and comments. Requests for additional information or tax return information are confidential, copies of the form and instructions SUMMARY: The Department of the as required by 26 U.S.C. 6103. should be directed to Allan Hopkins, at Treasury, as part of its continuing effort Request for Comments (202) 622–6665, or at Internal Revenue to reduce paperwork and respondent Service, room 6407, 1111 Constitution burden, invites the general public and Comments submitted in response to Avenue, NW., Washington, DC 20224, other Federal agencies to take this this notice will be summarized and/or or through the Internet, at opportunity to comment on proposed included in the request for OMB [email protected]. and/or continuing information approval. All comments will become a matter of public record. Comments are SUPPLEMENTARY INFORMATION: collections, as required by the Title: Exclusion of Interest From Paperwork Reduction Act of 1995, invited on: (a) Whether the collection of information is necessary for the proper Series EE and I U.S. Savings Bonds Public Law 104–13 (44 U.S.C. Issued After 1989. 3506(c)(2)(A)). Currently, the IRS is performance of the functions of the agency, including whether the OMB Number: 1545–1173. soliciting comments concerning Form Form Number: Form 8815. 4868, Application for Automatic information shall have practical utility; (b) the accuracy of the agency’s estimate Abstract: If an individual redeems Extension of Time to File U.S. series I or series EE U.S. savings bonds Individual Income Tax Return. of the burden of the collection of information; (c) ways to enhance the issued after 1989 and pays qualified DATES: Written comments should be quality, utility, and clarity of the higher education expenses during the received on or before July 20, 2004 to be information to be collected; (d) ways to year, the interest on the bonds may be assured of consideration. minimize the burden of the collection of excludable from income. Form 8815 is ADDRESSES: Direct all written comments information on respondents, including used by the individual to figure the to Glenn Kirkland, Internal Revenue through the use of automated collection amount of savings bond interest that is Service, room 6411, 1111 Constitution techniques or other forms of information excludable. Avenue, NW., Washington, DC 20224. technology; and (e) estimates of capital Current Actions: There are no changes FOR FURTHER INFORMATION CONTACT: or start-up costs and costs of operation, being made to the form at this time. Requests for additional information or maintenance, and purchase of services Type of Review: Extension of a copies of the form and instructions to provide information. currently approved collection. should be directed to Allan Hopkins, at Affected Public: Individuals or (202) 622–6665, or at Internal Revenue Approved: May 17, 2004. households. Service, room 6407, 1111 Constitution Glenn Kirkland, Estimated Number of Respondents: Avenue, NW., Washington, DC 20224, IRS Reports Clearance Officer. 25,000. or through the Internet, at [FR Doc. 04–11584 Filed 5–20–04; 8:45 am] Estimated Time Per Respondent: 2 [email protected]. BILLING CODE 4830–01–P hours, 2 minutes.

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Estimated Total Annual Burden collections, as required by the Estimated Number of Respondents/ Hours: 51,110. Paperwork Reduction Act of 1995, Recordkeepers: 52. The following paragraph applies to all Public Law 104–13 (44 U.S.C. Estimated Time Per Respondent/ of the collections of information covered 3506(c)(2)(A)). Recordkeeper: 81,889 hrs., 37 minutes. by this notice: Currently, the IRS is soliciting Estimated Total Annual Reporting/ An agency may not conduct or comments concerning an existing Recordkeeping Burden Hours: sponsor, and a person is not required to proposed regulation, REG–106177–97, 4,258,260. respond to, a collection of information Qualified State Tuition Programs. The following paragraph applies to all unless the collection of information DATES: Written comments should be of the collections of information covered displays a valid OMB control number. received on or before July 20, 2004 to be by this notice: Books or records relating to a collection assured of consideration. An agency may not conduct or of information must be retained as long sponsor, and a person is not required to ADDRESSES: Direct all written comments as their contents may become material respond to, a collection of information to Glenn Kirkland, Internal Revenue in the administration of any internal unless the collection of information Service, room 6411, 1111 Constitution revenue law. Generally, tax returns and displays a valid OMB control number. Avenue, NW., Washington, DC 20224. tax return information are confidential, Books or records relating to a collection as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: of information must be retained as long Request for Comments: Comments Requests for additional information or as their contents may become material submitted in response to this notice will copies of the regulations should be in the administration of any internal be summarized and/or included in the directed to Allan Hopkins, at (202) 622– revenue law. Generally, tax returns and request for OMB approval. All 6665, or at Internal Revenue Service, tax return information are confidential, comments will become a matter of room 6407, 1111 Constitution Avenue, as required by 26 U.S.C. 6103. public record. Comments are invited on: NW., Washington, DC 20224, or through Request for Comments: Comments (a) Whether the collection of the Internet, at submitted in response to this notice will information is necessary for the proper [email protected]. be summarized and/or included in the performance of the functions of the SUPPLEMENTARY INFORMATION: request for OMB approval. All agency, including whether the Title: Qualified State Tuition comments will become a matter of information shall have practical utility; Programs. public record. (b) the accuracy of the agency’s estimate OMB Number: 1545–1614. Comments are invited on: (a) Whether of the burden of the collection of Regulation Project Number: REG– the collection of information is information; (c) ways to enhance the 106177–97. necessary for the proper performance of quality, utility, and clarity of the Abstract: This regulation affects the functions of the agency, including information to be collected; (d) ways to qualified State tuition programs (QSTPs) whether the information shall have minimize the burden of the collection of established under Code section 529 and practical utility; (b) the accuracy of the information on respondents, including individuals receiving distributions from agency’s estimate of the burden of the through the use of automated collection QSTPs. The information required by the collection of information; (c) ways to techniques or other forms of information regulation will be used by the IRS and enhance the quality, utility, and clarity technology; and (e) estimates of capital individuals receiving QSTP of the information to be collected; (d) or start-up costs and costs of operation, distributions to verify compliance with ways to minimize the burden of the maintenance, and purchase of services section 529 and to determine that the collection of information on to provide information. taxable amount of the distribution has respondents, including through the use Approved: May 17, 2004. been computed correctly. of automated collection techniques or Glenn Kirkland, Current Actions: Section 529 was other forms of information technology; and (e) estimates of capital or start-up IRS Reports Clearance Officer. amended to delete section (b)(3) which provided that a program was required to costs and costs of operation, [FR Doc. 04–11585 Filed 5–20–04; 8:45 am] impose a more that de minimis penalty maintenance, and purchase of services BILLING CODE 4830–01–P on any refund of earnings from an to provide information. account unless (1) used for qualified Approved: May 17, 2004. DEPARTMENT OF THE TREASURY higher education expenses, (2) made on Glenn Kirkland, account of death or disability, or (3) IRS Reports Clearance Officer. made on account of certain scholarships Internal Revenue Service [FR Doc. 04–11586 Filed 5–20–04; 8:45 am] or certain other allowances or payments [REG–106177–97] up to the amount of the scholarship, BILLING CODE 4830–01–P allowance or payment, received by the Proposed Collection; Comment designated beneficiary. This change Request for Regulation Project eliminated the burden connected with DEPARTMENT OF VETERANS AGENCY: Internal Revenue Service (IRS), the collection of the penalty. AFFAIRS Treasury. The burden for recordkeeping with [OMB Control No. 2900–0387] ACTION: Notice and request for respect to transactions and separate comments. accounts has changed because of an increase in the number of accounts. The Proposed Information Collection SUMMARY: The Department of the estimated number of accounts has Activity: Proposed Collection; Treasury, as part of its continuing effort increased to 5,677,680. Comment Request to reduce paperwork and respondent Type of review: Revision of OMB AGENCY: Veterans Benefits burden, invites the general public and approval. Administration, Department of Veterans other Federal agencies to take this Affected Public: State, local or tribal Affairs. opportunity to comment on proposed governments and individuals or ACTION: Notice. and/or continuing information households.

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SUMMARY: The Veterans Benefits ‘‘OMB Control No. 2900–0387’’ in any the use of other forms of information Administration (VBA), Department of correspondence. technology. Veterans Affairs (VA), is announcing an Title: Request for Verification of opportunity for public comment on the FOR FURTHER INFORMATION CONTACT: Deposit, VA Form 26–8497a. proposed collection of certain Nancy J. Kessinger at (202) 273–7079 or OMB Control Number: 2900–0387. information by the agency. Under the FAX (202) 275–5947. Type of Review: Revision of a Paperwork Reduction Act (PRA) of SUPPLEMENTARY INFORMATION: Under the currently approved collection. 1995, Federal agencies are required to PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Abstract: VA Form 26–8497a is publish notice in the Federal Register 3501–3521), Federal agencies must primarily used by lenders making concerning each proposed collection of obtain approval from the Office of guaranteed and insured loans to verify information, including each proposed Management and Budget (OMB) for each the applicant’s deposits in banks and revision of a currently approved collection of information they conduct other savings institutions. It is also used collection, and allow 60 days for public or sponsor. This request for comment is to process direct loans, offers on comment in response to the notice. This being made pursuant to section acquired properties, and release from notice solicits comments for information 3506(c)(2)(A) of the PRA. liability/substitution of entitlement needed to determine whether an cases when needed. applicant qualifies as a mortgagor for With respect to the following Affected Public: Business or other for- mortgage insurance or guaranty or as a collection of information, VBA invites profit. borrower for a rehabilitation loan under comments on: (1) Whether the proposed Estimated Annual Burden: 13,333 the VA program. collection of information is necessary hours. for the proper performance of VBA’s Estimated Average Burden Per DATES: Written comments and functions, including whether the recommendations on the proposed Respondent: 5 minutes. information will have practical utility; Frequency of Response: On occasion. collection of information should be (2) the accuracy of VBA’s estimate of the received on or before July 20, 2004. Estimated Number of Respondents: burden of the proposed collection of 160,000. ADDRESSES: Submit written comments information; (3) ways to enhance the Dated: May 10, 2004. on the collection of information to quality, utility, and clarity of the Nancy J. Kessinger, Veterans Benefits information to be collected; and (4) By direction of the Secretary. Administration (20S52), Department of ways to minimize the burden of the Loise Russell, Veterans Affairs, 810 Vermont Avenue, collection of information on Director, Records Management Service. NW., Washington, DC 20420 or e-mail respondents, including through the use [FR Doc. 04–11497 Filed 5–20–04; 8:45 am] [email protected]. Please refer to of automated collection techniques or BILLING CODE 8320–01–P

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions; Proposed Rule

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DEPARTMENT OF THE INTERIOR appointment, Monday through Friday Pursuant to section 4(b)(3)(C)(i) of the from 8 a.m. to 4 p.m. at the above Act, when, in response to a petition, we Fish and Wildlife Service address. find that listing a species is warranted but precluded, we must make a new 12- FOR FURTHER INFORMATION CONTACT: 50 CFR Part 17 month finding each year until we Robert R. Gabel at the above address, or publish a proposed rule or make a Endangered and Threatened Wildlife by telephone, 703–358–1708; fax, 703– determination that listing is not and Plants; Annual Notice of Findings 358–2276; or e-mail, warranted. These subsequent 12-month on Resubmitted Petitions for Foreign [email protected]. findings are referred to as ‘‘resubmitted’’ Species; Annual Description of SUPPLEMENTARY INFORMATION: petition findings. This notice constitutes Progress on Listing Actions publication of our resubmitted petition Background AGENCY: Fish and Wildlife Service, findings for all foreign species that are Interior. The Endangered Species Act of 1973, currently the subject of an outstanding petition. ACTION: Notice of review. as amended (Act) (16 U.S.C. 1531 et seq.), provides two mechanisms for Section 4(b)(3)(C)(iii) of the Act SUMMARY: In this document, we considering species for listing. First, we requires the Service to ‘‘implement a announce our annual petition findings can identify and propose for listing system to monitor effectively the status for foreign species, as required under those species that are endangered or of all species’’ subject to a warranted- section 4(b)(3)(C)(i) of the Endangered threatened based on the factors but-precluded 12-month finding, and to Species Act of 1972, as amended. When, contained in section 4(a)(1). We ‘‘make prompt use of the [emergency in response to a petition, we find that implement this through the candidate listing] authority [under section 4(b)(7)] listing a species is warranted but program. Candidate taxa are those taxa to prevent a significant risk to the well precluded, we must complete a new for which we have on file sufficient being of any such species.’’ The annual status review each year until we publish information on biological vulnerability resubmitted petition findings for foreign a proposed rule or make a determination and threats to support a proposal to list species play a crucial role in the that listing is not warranted. These as endangered or threatened, but for Service’s monitoring of all warranted- subsequent status reviews and the which preparation and publication of a but-precluded foreign species by accompanying 12-month findings are proposed rule is precluded by higher- seeking information regarding the status referred to as ‘‘resubmitted’’ petition priority listing actions. None of the of those species. The Service reviews all findings. species covered by this notice were new information on these species as it becomes available and identifies any Information contained in this assessed through the candidate program. species for which an emergency listing document describes our review of the Second, the Act allows the public to may be appropriate. If the Service current status of 73 foreign taxa that petition us to add species to the List of determines that emergency listing is were the subjects of warranted-but- Endangered and Threatened Wildlife appropriate for any species, the Service precluded findings. Based on our and Plants (List). Under section will make prompt use of its authority review, we find that 51 species continue 4(b)(3)(A), when we receive such a under section 4(b)(7). We have been to warrant listing, but that their listing petition, we must determine within 90 monitoring and will continue to monitor remains precluded by higher-priority days, to the maximum extent all warranted-but-precluded foreign listing actions. Seventeen species no practicable, whether the petition species. longer warrant listing under the presents substantial information Endangered Species Act and, therefore, indicating that the petitioned action Previous Notices have been removed from the warranted- may be warranted (90-day finding). If We published earlier petition but-precluded list. We will promptly we make a positive 90-day finding, findings, status reviews, and petition publish listing proposals for five of the under section 4(b)(3)(B) we must make finding reviews that included foreign species. one of three possible findings within 12 species in the Federal Register on May We request additional status months of the receipt of the petition (12- 12, 1981 (46 FR 26464); January 20, information for these species as well as month finding). 1984 (49 FR 2485); May 10, 1985 (50 FR information on taxa that we should The first possible 12-month finding is 19761); January 9, 1986 (51 FR 996); include in future updates of this list. We that listing is not warranted, in which July 7, 1988 (53 FR 25511); December will consider this information in case we need not take any further action 29, 1988 (53 FR 52747); January 6, 1989 preparing listing documents and future on the petition. The second possibility (54 FR 554); November 21, 1991 (56 FR resubmitted petition findings. This is that we may find that listing is 58664); March 28, 1994 (59 FR 14496); information will also help us in warranted, in which case we must and reiterated on January 12, 1995 (60 monitoring the status of the taxa and in promptly publish a proposed rule to list FR 2899). conserving them. the species. Once we publish a DATES: We will accept comments on proposed rule for a species, section Findings on Resubmitted Petitions these resubmitted petition findings at 4(b)(5) and (6) govern further This notice describes our resubmitted any time. procedures, regardless of whether or not petition findings for 73 foreign taxa for ADDRESSES: Submit any comments, we issued the proposal in response to a which we had previously found listing information, and questions by mail to petition. The third possibility is that we to be warranted but precluded. We have the Chief, Division of Scientific may find that listing is warranted but considered any new information Authority, U.S. Fish and Wildlife precluded. Such a finding means that obtained since the previous finding, Service, 4401 N. Fairfax Drive, Room immediate publication of a proposed including information provided in a 750, Arlington, VA 22203; or by fax to rule to list the species is precluded by 1997 petition. On May 21, 1997, Public 703–358–2276; or by e-mail to higher-priority listing proposals, and Employees for Environmental [email protected]. Comments that we are making expeditious progress Responsibility (also known as PEER) and supporting information will be to add and remove species from the List, submitted a petition to list the following available for public inspection, by as appropriate. species as threatened or endangered

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under the Act (1996 IUCN designations Endangered), fringe-backed fire-eye publishing proposed listing rules for shown in parentheses): Kalinowski’s (Pyriglena atra) (Endangered), brown- these taxa in the future. Seventeen tinamou (Nothoprocta kalinowskii) banded antpitta (Grallaria milleri) species no longer warrant listing under (Critically Endangered), Colombian (Endangered), Stresemann’s bristlefront the Act and, therefore, are being grebe (Podiceps andinus) (Extinct), (Merulaxis stresemanni) (Critically removed from the list. Finally, we will Junin flightless grebe (Podiceps Endangered), grey-winged cotinga promptly publish proposals for five of taczanowskii) (Critically Endangered), (Tijuca condita) (Vulnerable), Brasilia the species: the giant ibis (Pseudibis Beck’s petrel (Pseudobulweria becki) tapaculo (Scytalopus novacapitalis) gigantean), black stilt (Himantopus (Critically Endangered), Fiji petrel (Vulnerable), Kaempfer’s tody-tyrant novaezelandiae), Gurney’s pitta (Pitta (Pterodroma macgillivrayi) (Critically (Hemitriccus kaempferi) (Endangered), gurneyi), Socorro mockingbird Endangered), Chatham Islands petrel (P. ash-breasted tit-tyrant (Anairetes (Mimodes graysoni), and caerulean axillaris) (Critically Endangered), Cook’s alpinus) (Endangered), Peruvian paradise-flycatcher (Eutrichomyias petrel (Pterodroma cookii) (Vulnerable), plantcutter (Phytotoma raimondii) rowleyi). Galapagos petrel (P. phaeopygia) (Critically Endangered), Gurney’s pitta Based on information gathered and (Critically Endangered), magenta petrel (Pitta gurneyi) (Critically Endangered), assessed since January 12, 1995, we (P. magentae) (Critically Endangered), Niceforo’s wren (Thryothorus nicefori) have updated our determinations of Heinroth’s shearwater (Puffinus (Critically Endangered), Socorro whether listing of these taxa continues heinrothi) (Endangered), greater adjutant mockingbird (Mimodes graysoni) to be warranted or warranted but stork (Leptoptilos dubius) (Endangered), (Endangered), St. Lucia forest thrush precluded, or whether we have now determined that listing is not warranted. giant ibis (Pseudibis gigantea) (Critically (Cichlherminia iherminieri See Table 1 for a summary of these Endangered), Andean flamingo sanctaeluciae) (listed at the species current determinations. Taxa in Table 1 (Phoenicopterus andinus) (Vulnerable), level as Lower Risk/Near Threatened, of this notice are assigned to three status Brazilian merganser (Mergus not listed at the subspecies level), categories, noted in the ‘‘Category’’ octosetaceus) (Critically Endangered), Moorea reed-warbler (Acrocephalus column at the left side of the table. We southern helmeted curassow (Pauxi caffer longirostris) (listed as Vulnerable identify the species for which listing is unicornis) (Endangered), blue-billed at the species level, not listed as a no longer warranted with an ‘‘R’’ in the curassow (Crax alberti) (Critically subspecies), Eiao Polynesian warbler (Acrocephalus caffer aquilonis) (listed category column. We identify the taxa Endangered), Cauca guan (Penelope for which we continue to find that perspicax) (Endangered), gorgeted at the species level as Vulnerable, not listed at the subspecies level), long- listing is warranted but precluded by a wood-quail (Odontophorus strophium) ‘‘C’’ in the category column. We have (Endangered), Junin rail (Laterallus legged thicketbird (Trichocichla rufa) (Critically Endangered), caerulean added a third category for those species tuerosi) (Endangered), bar-winged rail for which we find that listing is (Nesocolpeus poecilopterus) (Extinct), Paradise-flycatcher (Eutrichomyias rowleyi) (Critically Endangered), Ua Pu warranted and designate these taxa with Bogota rail (Rallus semiplumbeus) an ‘‘L.’’ The column labeled ‘‘Priority’’ (Endangered), takahe (Porphyrio flycatcher (Pomarea mendozae mira) (listed as Endangered at the species indicates the listing priority number for mantelli) (Endangered), Chatham Island all warranted or warranted-but- oystercatcher (Haematopus level, not listed as a subspecies), Ghizo white-eye (Zosterops luteirostris) precluded taxa. We assign this number chathamensis) (Endangered), black stilt based on the immediacy and magnitude (Vulnerable), Tumaco seedeater (Himantopus novaezelandiae) of threats, as well as taxonomic status. (Sporophila insulate) (Critically (Critically Endangered), Jerdon’s courser We published a complete description of Endangered), medium tree-finch (Rhinoptilus bitorquatus) (Endangered), our listing priority system on September (Camarhynchus pauper) (Lower Risk/ slender-billed curlew (Numenius 21, 1983 (48 FR 43098). Following the Near Threatened), cherry-throated tenuirostris) (Critically Endangered), scientific name of each taxon (third tanager (Nemosia rourei) (Critically Marquesan imperial-pigeon (Ducula column) is the family designation Endangered), and black-backed tanager galeata) (Critically Endangered), (fourth column) and the common name, (Tangara peruviana) (Endangered). The salmon-crested cockatoo (Cacatua if one exists (fifth column). The sixth basis for the PEER petition was that moluccensis) (Vulnerable), Uvea column provides the known historical parakeet (Eunymphicus cornutus these species had been classified as range for the taxon. uvaensis) (listed at the species level as Critically Endangered, Endangered, Vulnerable, not listed at the subspecies Vulnerable, Conservation Dependent, or Findings on Species for Which Listing level), blue-throated macaw (Ara Near Threatened in the 1996 IUCN Red Is Not Warranted glaucogularis) (Endangered), black- List of Threatened Animals (IUCN As previously mentioned, we found breasted puffleg (Eriocnemis nigrivestis) 1996). At the time the petition was that 17 species no longer warrant listing (Critically Endangered), Esmeraldas received, listing for these species was under the Endangered Species Act, and woodstar (Acestrura berlepschi) already found to be warranted but we therefore have removed them from (Endangered), Chilean woodstar (Eulidia precluded. We have taken into the warranted-but-precluded list. Five of yarrellii) (Vulnerable), helmeted consideration the species’ IUCN status, the species were considered extinct woodpecker (Dryocopus galeatus) but as discussed in our 2000 Federal when the initial warranted-but- (Endangered), Okinawa woodpecker Register finding (65 FR 49958), the precluded finding was made and should (Sapheopipo noguchii) (Critically IUCN designation alone did not provide not have been included on the list at Endangered), yellow-browed toucanet significant new information on threats that time. These species include the (Aulacorhynchus huallagae) (Lower to the species or their status. Colombian grebe (Podiceps andinus), Risk/Near Threatened), royal cinclodes As a result of this review, we find that bar-winged rail (Nesocolpeus (Cinclodes aricomae) (Critically warranted-but-precluded findings poecilopterus), grey-headed blackbird Endangered), white-browed spinetail remain appropriate for 51 species. We (Turdus poliocephalus poliocephalus), (Leptasthenura xenothorax) (Critically emphasize that we are not proposing Moorea reed-warbler (Acrocephalus Endangered), black-hooded antwren these species for listing by this notice, caffer longirostris), and Ua Pu flycatcher (Formicivora erythronotos) (Critically but we anticipate developing and (Pomarea mendozae mira). For six

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additional species, the best available This species has not been documented agriculture, the level of the lake was information now indicates that they are in over a century, even though Collar et reduced by about one meter. This also also likely to be extinct, although they al. (1992) had proposed that the changed the composition of the aquatic were considered to be extant at the time existence of the species be confirmed. plant community from 1960 forward of the original petition and when we We conclude, based on the best due to a boom in onion growing around made our previous findings. These available scientific and commercial the lake. Large amounts of fertilizers include Kalinowski’s tinamou information, that this species is extinct. and mineral were applied at this time. (Nothoprocta kalinowskii), Beck’s petrel We therefore find that listing of this The extent of shallow zones with (Pseudobulweria becki), the Utila species is no longer warranted. Because floating vegetation was greatly reduced. chachalaca (Ortalis vetula this species is known from only two The area affected was where the deschauenseei), Stresemann’s specimens collected over 100 years ago, Colombian grebe, a foliage gleaner, bristlefront (Merulaxis stresemanni), the a full taxonomic evaluation of the obtained most of its food. The decrease Bananal tyrannulet (Serpophaga species, involving careful evaluation of in food availability markedly reduced araguayae), and the long-legged the two known skins, would be helpful the number of grebes and made the thicketbird (Trichocichla rufa). For five to determine if it ever was a distinct species more vulnerable to other species, the best available scientific taxon or is actually another species. adverse impacts (del Hoyo et al. 1992). information indicates that they are not Research on whether there is any Beck’s petrel (Pseudobulweria becki) taxonomically distinct, and these possibility of the continued existence of include Beck’s petrel (Pseudobulweria this species would also be helpful. Based on the best available scientific becki)(if birds previously identified as Colombian grebe (Podiceps andinus) and commercial information this this species are not extinct), the Italian species is either extinct or conspecific The best available scientific and grey partridge (Perdix perdix italica), (i.e., synonymous) with another taxon, commercial information indicates that hairy hermit (Glaucis hirsuta), and we conclude that it no longer the Colombian grebe is extinct, and Niceforo’s wren (Thryothorus nicefori), warrants listing. See further discussion therefore, listing is not warranted. It was and the Tumaco seedeater (Sporophila below under ‘‘Taxa found to be not once found on several lakes on the insulata). Finally, the best available taxonomically distinct’’ for the basis for Bogota and Ubate savannas, and in Lake scientific and commercial data indicate finding that the species, if it is not Tota in the eastern Andes of Colombia that the Lanyu scops owl (Otus elegans conspecific with another taxon, is (O’Donnel and Fjedsa 1997). These lakes botelensis) and grey-winged cotinga contained tall marginal reeds and extinct. (Tijuca condita) do not qualify as extensive shallows full of submergent threatened or endangered. Utila chachalaca (Ortalis vetula water-weeds. The Colombian grebe was deschauenseei) Extinct Species formerly considered abundant on Lake Tota in the 1940s, but by 1968, it had The Utila chachalaca was only found Kalinowski’s tinamou (Nothoprocta declined to approximately 300 birds on Utila Island off the coast of northern kalinowskii) (del Hoyo et al. 1992). There were only Honduras. This subspecies was found in Kalinowski’s tinamou was endemic to two records of the bird in the 1970s: one mangroves, which cover approximately Peru. It is known from only two in 1972 and another one in 1977 three-quarters of Utila Island, and was specimens that were collected from involving one to three birds. It was formerly found in adjacent scrub widely scattered localities and has not sporadically sighted in various other patches. The Utila chachalaca was been recorded since 1900 (BirdLife lakes in the region of the Sabana de known to be local in 1936, but not rare. International 2000). One specimen was Bogota until the early 1950s. The last However, since that time, the collected in 1894, in Cuzco at 4,575 confirmed record of this species was in population declined severely due to meters (m), and the other was collected 1977 (World Conservation Union intense hunting pressure. In 1962, the in 1900, on the Pacific slope east of [IUCN] 2002). However, the validity of population was estimated at 50–70 Santiago de Chuco, western La Libertad, these last records has been questioned, individuals. More recently, S. Midence at 3,000 m (Collar et al. 1992). The and some individuals believe the (personal communication, as cited in Cuzco specimen was collected in an species may have become extinct as Brooks and Strahl 2000) had suggested area that suggested its natural habitat early as the beginning of the 1960s. Two that a small population persists on the was grassland or possibly a Polylepis detailed surveys conducted in 1981 and island, but del Hoyo et al. (1994) stated woodland (BirdLife International 2000). 1982 in the wetlands of the eastern that it is possibly extinct. Results from The specimen collected on the Pacific Andes of Colombia did not locate any brief surveys conducted in 1995 slope of La Libertad came from a habitat birds (O’Donnel and Fjedsa 1997). suggested that the population at that of montane scrub (Collar et al. 1992). It The decline of the Colombian grebe is time was extremely small if not extinct is possible that the Cuzco specimen is attributed to wetland drainage, siltation, (Seutin 1998, as cited in Brooks and mislabeled and was also taken at a pesticide pollution, disruption by reed Strahl 2000). Honduras has listed the lower elevation (BirdLife International harvesting, hunting, competition, and species Ortalis vetula in Appendix III of 2000). predation of chicks by rainbow trout the Convention on International Trade Virtually nothing is known about this (Salmo gairdneri) (del Hoyo et al. 1992). in Endangered Species of Wild Fauna species, but its conservation status was However, the main cause of the decline and Flora (CITES). Considering the presumed to be critical (IUCN 2002). is considered to be the drainage of historic decline of the species, that some Threats to the species and the cause of wetlands, siltation, and subsequent ornithologists have considered this its extreme rarity and likely extinction eutrophication of Lake Tota, which species to be extinct for 10 years or are unknown (BirdLife International destroyed the open, submergent more, and that no confirmed sightings 2000). Virtually all species of tinamous Potamogeton vegetation and resulted in have occurred in over 10 years, we are affected by hunting and habitat the formation of a dense monoculture of conclude that the best available alteration from the presence of man in Elodea (Varty et al. 1986, Fjeldsa 1993, scientific and commercial information the high Andes, and these factors may as cited in O’Donnel and Fjeldsa 1997). indicates that this species is extinct and have been threats (Collar et al. 1992). In the 1950s, to provide land for its listing is no longer warranted.

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Bar-winged rail (Nesocolpeus extinct, and we no longer find that 2000, as cited in BirdLife International poecilopterus) listing of this species is warranted. 2000). Predation by introduced mongooses (Herpestes auropunctatus), The best available scientific and Grey-headed blackbird (Turdus poliocephalus poliocephalus) possibly cats, and black rats (Rattus commercial information indicates that rattus) may be threats (BirdLife the bar-winged rail is extinct, and The grey-headed blackbird has been International 2000). This species is therefore listing of this species is not classified by Environment Australia as categorized as data deficient by the warranted. It is known from twelve 19th extinct. The subspecies was last seen in IUCN. However, we conclude that the Century specimens from Vitu Levu and 1975 and there have been no records best available scientific and commercial Ovalau, reports from Taveuni, and in since, despite searches (Garnett and information indicates that this species is 1973, from Waisa and Vitu Levu, all in Crowley 2000). It was endemic to extinct, and that listing of the species is Fiji (Holyoak 1979, as cited in BirdLife Norfolk Island and originally probably no longer warranted. International 2000). This was a flightless occurred throughout the island. The bird that inhabited remote forested principle reason for the grey-headed Ua Pu flycatcher (Pomarea mendozae areas, old overgrown plantations, and blackbird’s disappearance was the mira) possibly lowland swamps (Pratt et al. arrival of black rats (Rattus rattus) in the 1987). Two other rails from these 1940s (Robinson 1988, as cited in Pomarea mendozae was formerly islands have become extinct due to Garnett and Crowley 2000). widespread in the central Marquesas predation by introduced mongooses Hybridization with the European Islands, French Polynesia, and (Herpestes spp.) and cats (Felis blackbird (Turdus merula) may have comprised four subspecies (Collar et. al. domesticus). BirdLife International also played a part in the decline of the 1994). On Ua Pu, the Ua Pu flycatcher (2000) classifies the bar-winged rail as subspecies (Schodde and Mason 1999, was not located during 1989 or 1990, or extinct. as cited in Garnett and Crowley 2000). during intensive searches in 1994 and The best available scientific and 1998 (Thibault and Meyer, as cited by Stresemann’s bristlefront (Merulaxis commercial information indicates that BirdLife International 2003). The best stresemanni) this species is extinct, and therefore available scientific and commercial listing is not warranted. information indicates that this Stresemann’s bristlefront is known subspecies is now extinct (BirdLife from just two specimens from eastern Moorea reed-warbler (Acrocephalus International 2003), and therefore listing Brazil: one collected near Salvadore in caffer longirostris) is not warranted. the 1830s and a second from Ilheus in This subspecies was considered Taxa Found To Be Not Taxonomically 1945 (BirdLife International 2000). nearly extinct in 1986 (Sherley 2001). Distinct Nothing is known about this species, An expedition in 1921 reported that this and recent surveys have failed to find endemic form on Moorea Island (Society Beck’s petrel (Pseudobulweria becki) any individuals. The humid forest in Islands) was less common and localized Bahia, the presumed range of the than previously thought. Investigative Beck’s petrel is known from only two species, has been cleared or converted surveys in 1971–1973 located two pairs specimens: a female taken at sea east of to cacao plantations, and the remaining in the interior of the island (Sherley New Ireland and north of Buka, Papua patches are disappearing very rapidly 2001). However, research conducted in New Guinea, in 1928, and a male taken (BirdLife International 2000). This December 1986 and January 1987 northeast of Rendova, Solomon Islands, species is categorized as Critically yielded no evidence of this warbler’s in 1929 (BirdLife International 2000). If Endangered by the IUCN because, if it continued existence, and Thibault and it survives at all, it is thought that this is extant, its population is likely to be Guyot (1988) considered it extinct. species probably nests on small islets or very tiny (IUCN 2002), and it continues Thus, we conclude that the best high mountains on larger islands to be protected by Brazilian law. available scientific and commercial (BirdLife International 2000), but this BirdLife International (2000) information indicates that this species is very poorly known. This recommends that surveys be conducted subspecies is extinct, and listing of this species may potentially be threatened to locate any extant populations. subspecies is not warranted. Three other by predation from introduced cats and Fieldwork is needed not only to confirm forms of this species, endemic to certain rats on its unknown breeding grounds the continued existence of the species islands, are also extinct, whereas the (BirdLife International 2000). This but to provide information on its nominate form is widespread on many species is categorized as Critically ecological requirements if it exists islands (Birds of French Overseas Endangered by the IUCN because it is (BirdLife International 2001). Based on Territories 2003). suspected to have a tiny population. the best available scientific and However, if recent sightings of commercial information, particularly Long-legged thicketbird (Trichocichla presumed Tahiti petrels Pseudobulweria the lack of sightings and extensive loss rufa) rostrata in the Bismarck Archipelago of habitat, we conclude that this species The long-legged thicketbird was and Solomon Islands prove to be, in is now extinct and its listing is not endemic to Viti Levu and Vanua Levu fact, Beck’s petrels, population warranted. on Fiji (BirdLife International 2000). It estimates will increase and perhaps Bananal tyrannulet (Serpophaga was secretive and foraged on the ground cause the species to be categorized as araguayae) beneath dense vegetation in rainforests Endangered (IUCN 2002). There are a above 800 m (Pratt et al. 1987). This number of target actions identified for The Bananal tyrannulet appears to be species is known from very few this species by BirdLife International. known only from the type specimen specimens and has been considered to These include various surveys as well as from Ilha do Bananal, Goias, Brazil be extinct (Watling 1982, as cited in investigating the taxonomic validity of (Traylor 1979, as cited in Collar et al. BirdLife International 2000). specimens to determine this species’ 1988), and has not been relocated in the Observations from 1967, 1973, 1991, relationship with the Tahiti petrel, with wild despite several searches. We have and more recently remain unconfirmed which it may be conspecific (BirdLife therefore determined that the species is (D. Watling, personal communication International 2000).

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The best available scientific and because it has been determined to be 1998, birds were found on Isla Aji in the commercial information indicates that conspecific with a species that is Rio Naya Delta, Valle del Cauca (Gomez, this species is either extinct or common within its range and not a in litt. 1999, as cited in BirdLife conspecific (i.e., synonymous) with distinct, rare species. International 2000). It could be extinct another taxon, and we conclude that it on Tumaco (Salaman 1995), and it was Niceforo’s wren (Thryothorus nicefori) no longer warrants listing. not found on Isla Bocagrande after 3 Niceforo’s wren occurs on the west days of searching in December 1999 Italian grey partridge (Perdix perdix slope of the eastern Andes in Santander, italica) (Strewe, in litt. 2000). This species is Colombia (BirdLife International 2000). classified as Critically Endangered in The Italian grey partridge was It is known only from the type locality the 2002 IUCN Red List because it has described at the beginning of the 20th at San Gil on the Rio Fonce, south of a very small range and the population Century from a limited number of Bucaramanga, where seven specimens, is declining to the extent that it is museum specimens (BirdLife including the type, were taken in 1945 possibly extirpated from Tumaco (IUCN International 1999). Subsequently, its (Meyer de Schauensee 1946, as cited in 2002). The population estimate for this taxonomic validity was questioned BirdLife International 2000). There species is 250–999 birds with a (Violani et al. 1988, as cited in BirdLife appear to be no further records until decreasing population trend (BirdLife International 1999). Currently, the 1989, when two birds were seen in International 2000). Development is the subspecies italica is normally included dense Acacia scrub in a semi-arid valley major threat (ibid.). Nonetheless, within the nominate perdix, even if a short distance east of San Gil (Collar information indicates that the species taxonomy of the species may be subject et al. 1992). This species is considered status should be re-assessed based on to further study (e.g., as recommended Critically Endangered by IUCN because taxonomy. Ridgely and Tudor (1989) by del Hoyo et al. 1994). The status of its known population is tiny, inferred to concluded that the Tumaco seedeater is the grey partridge (Perdix perdix) is be declining, and known from only one almost certainly allied to the more considered secure because it is still site in a region where the habitat is common chestnut-throated seedeater (S. widespread and estimated to number highly modified and habitat degradation telasco), or may represent a hybrid several million birds (del Hoyo et al. is continuing (IUCN 2002). The threats between the chestnut-throated seedeater 1994). Because we agree that the Italian to this species are unclear because the and the ruddy-breasted seedeater (S. grey partridge is no longer considered dependence on Acacia scrub and the minuta), although they indicate that the distinct from the nominate species, we extent of occupied habitat is not known taxonomic relationship of S. insulata conclude that it no longer warrants (BirdLife International 2000). Suitable and S. telasco should be investigated listing. habitat may have been lost to further, along with other closely related agricultural conversion, and the Hairy hermit (Glaucis hirsuta; species of Sporophila. remaining Acacia scrub is threatened by Previously Referred to as black goat and cattle grazing and seasonal We conclude that listing of this barbthroat [Threnetes grzimeki]) burning for farming (Collar et al. 1992). species is no longer warranted based on The black, or Grzimek’s, barbthroat Mayr and Greenway (1960) and this information on taxonomy. The best (species name used in the original Ridgely and Tudor (1989) have available scientific information petition) was first described as a new suggested that this bird may be a well- indicates that this taxon is either a species in 1973 by Ruschi from Espiritu marked subspecies of the widespread conspecific of a more common species Santo (Sibley and Monroe 1990). It is rufous-and-white wren (Thryothorus or a hybrid of two known species. currently included with the hairy rufalbus) (Collar et al. 1992). In Taxa That Are Not Threatened or hermit (Glaucis hirsuta; Sick 1993), Colombia, this wren is found from the Endangered since it has been determined that it was Caribbean lowlands to the llanos east of described based on the plumage of an the Andes (Hilty and Brown 1986). The Lanyu scops owl (Otus elegans immature male G. hirsuta (del Hoyo et most recent observation of Niceforo’s botelensis) al. 1999; Sibley and Monroe 1990). Two wren showed that it sounds exactly like subspecies are currently recognized: G. the rufous-and-white wren and The Lanyu scops owl is not h. insularum, found in Grenada and responds to a tape of that species (P. considered globally threatened, and we Trinidad and Tobago, and G. h. hirsute, Kaestner in litt. 1992, as cited in Collar note that this subspecies has been found in Panama, Colombia west of the et al. 1992). Validity as a separate regularly omitted from lists of globally Andes, and east of the Andes to central species is doubtful (F. G. Stiles in litt. threatened birds (Collar et al. 1988, Bolivia, through Venezuela to the 1999, as cited in BirdLife International BirdLife International 2001). This Guianas, and almost all of Brazil (del 2000). Therefore, because of the subspecies is found on Lanyu Island, off Hoyo et al. 1999). It is found in the significant information indicating that the coast of southeastern Taiwan (del understory of many types of forest and this is not a distinct taxon, but is a Hoyo et al. 1999). In the mid-1980s, the dense vegetation outside primary variant of a widespread species, we Lanyu scops owl was listed as forests, second growth, woodland conclude that listing of this species is Endangered by IUCN because its clearings, disturbed and secondary not warranted. population was estimated at about 200 forest, riverine habitats, swamps, individuals. Since that time, numbers shrubs, and forest edge (del Hoyo et al. Tumaco seedeater (Sporophila insulata) have grown, and recently, the 1999; Sick 1993). It is not globally The Tumaco seedeater is described population has been determined to be threatened and is generally common from islands and river deltas on the stable at about 1,000 individuals (del throughout much of its extensive range coast of southwest Colombia (BirdLife Hoyo et al. 1999). Currently, the IUCN (del Hoyo et al. 1999). Glaucis hirsuta International 2000). The type-series was categorizes Otus elegans as Lower Risk/ is listed in Appendix II of CITES. collected in 1912 (Chapman 1917, as Near-Threatened (IUCN 2002). The Based on the best available scientific cited in Collar et al. 1992), and the bird species is listed in Appendix II of and commercial information, we was not seen again until it was CITES, as are all members of the Order conclude that listing of the black rediscovered 82 years later in 1994 on Strigiformes unless they are listed in barbthroat is no longer warranted Isla Bocagrande (Salaman 1995). In Appendix I.

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The status of this species has Grey-winged cotinga (Tijuca condita) populations of this species is protected improved considerably since our The grey-winged cotinga is restricted within a National Park and a Reserve. original warranted-but-precluded to the Serra dos Orgaos and the Serra do Although the species is not specifically finding was made. Based on the best Tingua in the vicinity of Rio de Janeiro, protected under national law in Brazil, available scientific and commercial Brazil (BirdLife International 2000). It no threat has been identified for which information, we have evaluated the has been recorded from small patches of such overarching protection is required. Other natural or manmade factors status of this subspecies according to extremely humid elfin cloud-forest rich affecting its continued existence: There the five factors contained in Section in bromeliads with an even canopy 5– is no information to indicate that any 4(a)(1) of the Act for determining 10 m above the ground (Snow 1982). It other natural or manmade factors are whether a species is endangered or is found on both exposed ridge-tops and adversely affecting this species. threatened, as follows: on sheltered slopes in an otherwise The present or threatened destruction, Therefore, we conclude that this open area of bamboo and tussock grass species is not in danger of extinction or modification, or curtailment of its (ibid.). It is classified as Vulnerable in habitat or range: The Lanyu scops owl likely to become an endangered species the 2002 IUCN Red List because it has within the foreseeable future throughout is restricted to the relatively small (45 a small range restricted to two adjacent 2 all or a significant portion of its range, km ) tropical island of Lanyu, located montane areas (IUCN 2002). The southeast of Taiwan. Studies have and that listing of the grey-winged population is estimated at 1,000–2,499 cotinga is no longer warranted. shown that, although the amount of individuals and is considered stable suitable habitat is limited, all available (BirdLife International 2000). Scott and Findings on Species for Which Listing nesting habitat is saturated Brooke (1985, as cited in Collar et al. Is Warranted but Precluded (Severinghaus 2000), and prospects for 1988) found that this species is clearly Issuance of proposed listing rules for the survival of the Lanyu scops owl are rare and local, and occurs at a very low most of the warranted-but-precluded considered good as long as the habitat density, and the total area of suitable species, even those with the highest is protected (BirdLife International habitat is small. However, there is little listing priority numbers (i.e., 1, 2, or 3) 2000). We are not aware of any specific reason to believe that it was ever much will continue to be precluded over the information on current threats to the more numerous than at present. There next year due to the need to complete habitat of this subspecies. are no major threats to its habitat, pending proposals to determine if other Overutilization for commercial, although both disturbance and fires species are endangered or threatened. recreational, scientific, or educational caused by hikers have been considered Over the next year, we will work on purposes: There is no documentation of potential threats (BirdLife International final determinations for three African overutilization of this subspecies, if it is 2000). Both populations occur within antelopes (scimitar-horned oryx [Oryx utilized at all. However, even if it were the protected areas of Serra dos Orgaos dammah], addax [Addax to be utilized for some purpose, such National Park and the Tingua Biological nasomaculatus], and dama gazelle use would be regulated internationally Reserve (ibid.). [Gazella dama]); the Tibetan antelope through the current listing of this and This species currently has a stable (Pantholops hodgsonii); and the scarlet- all owls in the Appendices to CITES, population at approximately historic chested parakeet (Neophema splendida) which requires that any trade must be levels, is not subject to significant and turquoise parakeet (Neophema both legal and non-detrimental to the threats within its range, and occurs pulchella). We must also make the survival of the species. within protected areas. Based on the required 12-month petition findings on Disease or predation: There is no best available scientific and commercial the Mexican bobcat (Lynx rufus information to suggest that the Lanyu information, we have evaluated the escuinapae) and seven foreign butterfly scops owl is subject to any threat from status of this species according to the taxa (Teinopalpus imperialis, disease or predation. five factors contained in section 4(a)(1) Protographium marcellinus [previously The inadequacy of existing regulatory of the Act for determining whether a referred to as Eurytides marcellinus], mechanisms: Although the Lanyu scops species is endangered or threatened, as Mimoides lysithous harrisianus owl might benefit in the long term from follows: [previously referred to as Eurytides more formal protection of its habitat, the The present or threatened destruction, lysithous harrisianus], Parides ascanius, lack of current protection does not modification, or curtailment of its Parides hahneli, Troides appear to present a problem for the habitat or range: This species has a [= Ornithoptera] meridionalis, and species, since no immediate threat to limited area of suitable habitat, but this Pterourus esperanza [previously the habitat has been identified. is believed not to have changed over referred to as Papilio esperanza]). Other natural or manmade factors time. Its habitat is described as naturally In addition, we must meet our other affecting its continued existence: Due to fragmented (BirdLife International statutory and treaty obligations. In the lack of any information on current 2003). There is a potential threat from determining the resources for listing threats to the Lanyu scops owl, and fire, but otherwise, no specific threat to warranted-but-precluded species, we because it has been able to increase to the species’ habitat (Scott and Brooke must balance these needs with the five times the estimated population size 1985, as cited in Collar et al. 1988). resources needed for completing the of 20 years ago, there is no indication Overutilization for commercial, other non-discretionary activities that this subspecies is being adversely recreational, scientific, or educational funded under the International Wildlife affected by any other natural or purposes: There is no information to Trade budget component of the manmade factors. suggest that this species is used by International Affairs program. This Therefore, we conclude that this humans for any purpose, and therefore budget component includes not only all subspecies is not in danger of extinction it is not being overutilized. of these listing activities, but also or likely to become an endangered Disease or predation: There is no issuing permits under the Act and species within the foreseeable future information to indicate that this species mandatory activities for U.S. throughout all or a significant portion of is threatened by disease or predation. implementation of the Convention on its range, and that listing of the Lanyu The inadequacy of existing regulatory International Trade in Endangered scops owl is no longer warranted. mechanisms: The habitat of both known Species of Wild Fauna and Flora

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(CITES), the Wild Bird Conservation Act (del Hoyo et al. 1992). Current suitable islands and reinforcing existing of 1992, certain permitting provisions of population estimates for the Junin grebe community awareness (BirdLife the Marine Mammal Protection Act, are between 50 and 249 birds, with a International 2000). issuing Injurious Wildlife permits under decreasing population trend (BirdLife The Fiji petrel does not represent a the Lacey Act, and parts of the Pelly International 2000). Because of this monotypic genus. The magnitude of Amendment (section 8 of the decline, and because it is endemic to threat to the species is high, but the Fisherman’s Protective Act). Therefore, one Andean lake, the Junin grebe immediacy of threat is non-imminent. the resources available for listing qualifies as Critically Endangered on the Therefore, it receives a priority rank of actions under the Act for foreign species IUCN Red List (IUCN 2002). The decline 5. is limited by competing non- in numbers of this species was brought Chatham petrel (Pterodroma axillaris; discretionary activities funded from the about by pollution of Lake Junin by Previously Referred to as Pterodroma International Wildlife Trade budget. local mining activities and variations of hypoleuca axillaris) Based on these considerations, we up to 7 m in water level, which is have determined that sufficient controlled by a hydroelectric power The Chatham petrel is found only on resources are available to proceed with station. These changes in water level South East Island (Rangatira) in the the five highest-priority species, which caused nesting and foraging areas to dry Chatham Islands of New Zealand were previously found to be warranted out (BirdLife International 2000), and in (BirdLife International 2000). It is but precluded in our reviews (see 1969, the vegetation of Lake Junin marine and presumably pelagic, and ‘‘Findings on Species for which Listing appeared to be dyed yellow with breeds on coastal lowlands and slopes is Warranted’’ below). breakdown products of sulphuric acids in areas with low forest, bracken, or We have found that, for the following and toxic fumes from a copper mine (del rank grass (del Hoyo et al. 1992). It nests 51 species, listing continues to be Hoyo et al. 1992). Of less significance in burrows amongst low vegetation and warranted but precluded. As previously was the introduction of trout in the roots on flat to moderately sloping indicated, this means that immediate 1930s, which replaced native fish ground (Marchant and Higgins 1990). publication of a proposed rule to list the species. Since 1975, some conservation This species is classified as Critically species is precluded by higher-priority measures have been implemented: Lake Endangered in the 2002 IUCN Red List listing actions, and that we are making Junin was declared a reserve, and the because it is restricted to South East expeditious progress to add and remove Peruvian government nationalized the Island and inferred to be continuing to species from the List, as appropriate. We mines of Cerro del Pasco in an attempt decline due to competition from other will continue to monitor the status of to prevent pollution by the mine (del native burrowing seabirds (IUCN 2002). these species as new information Hoyo et al. 1992). The population estimate for this species becomes available. Our review of new The Junin flightless grebe does not is 800–1,000 birds with a decreasing information will determine if a change represent a monotypic genus. It faces population trend (BirdLife International in status is warranted, including the threats that are high in magnitude and 2000). There is intense competition for need to emergency list any species. imminent. It therefore receives a priority burrows on South East Island with the abundant broad-billed prion (Pachyptila Junin flightless grebe (Podiceps rank of 2. vittata), which may be the cause of the taczanowskii) Fiji petrel (Pterodroma macgillivrayi) observed low breeding success and high The Junin flightless grebe is confined The Fiji petrel is marine and rate of pair bond disruption (ibid.). As to Lake Junin, which is located 4,080 m presumably pelagic (del Hoyo et al. a conservation measure, artificial nest above sea level in central Peru (Fjeldsa 1992). It was originally known from just sites have been provided, and burrows 1981, as cited in O’Donnel and Fjedsa one specimen collected in 1855 on Gau have been blocked to prevent 1997). The lake, which covers Island and more recently from eight occupation by P. vittata (ibid.). approximately 14,320 hectares, reaches records of sightings on the island since Although these actions have greatly a depth of 10 m in its center and is 1983 (BirdLife International 2000). The improved breeding success, only a small bordered by extensive reed marshes. only other record is a reported sighting proportion of breeding burrows have These reed marshes can be continuous at sea over 200 km north of Gau been found (Taylor 2000). in places, but also form a mosaic with (Watling 2000, as cited in BirdLife This species does not represent a stretches of open water. Considerable International 2000). The Fiji petrel’s monotypic genus. It has a restricted areas of the lake are shallow, with the breeding grounds have yet to be range and its population is declining. bottom densely covered with Chara (del discovered, but may be located in areas The threat to the species is high and Hoyo et al. 1992). The Junin grebe is a of undisturbed mature forest or on imminent. Therefore, this species bird of open lake habitat and stays far rocky, mountainous ground (del Hoyo et receives a priority rank of 2. off-shore in the center of the lake for al. 1992). The Fiji petrel is classified as part of the year. However, during the Critically Endangered by the IUCN Cook’s petrel (Pterodroma cookii) breeding season, it goes to areas of tall because it is inferred, given the paucity Cook’s petrel is endemic to New Scirpus (californicus) tatora or bays and of recent records, that there is only a Zealand. It is marine and highly pelagic channels in the outer edge of the 2–5- tiny population confined to an in temperate and subtropical waters, km-wide reed marshes surrounding the extremely small breeding area (IUCN and rarely approaches land except at lake (O’Donnel and Fjedsa 1997). The 2002). The population is estimated at nesting colonies (del Hoyo et al. 1992). Junin grebe feeds mainly on fish fewer than 50 individuals and is Cook’s petrel breeds on Little Barrier, (Orestias), which make up assumed to be declining because of Great Barrier, and Codfish Islands (del approximately 90% of its diet (del Hoyo predation by cats, which may threaten Hoyo et al. 1992) and occupies thickly et al. 1992). its long-term survival (BirdLife forested high ridges and slopes, up to The Junin grebe experienced a International 2000). However, very little 700 m above sea level (BirdLife dramatic decline during the 20th is known about the species. It is International 2000). This species is Century. The species was considered protected under Fijian law, and classified as Endangered in the 2002 abundant in 1938, and common in 1961, priorities for the species include IUCN Red List because it has a very with estimates of several thousand birds conducting surveys on Gau and other small range when breeding, and

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although population numbers are Santa Cruz, and Santiago Islands (H. species. There are a number of target increasing, there is a danger that the Vargus and F. Cruz in litt. 2000, as cited actions identified for this species by population on Great Barrier Island may in BirdLife International 2000). The BirdLife International, which include be lost (IUCN 2002). Population breeding areas on Santa Cruz, Floreana, various surveys and assessing the estimate for this species is 100,000 birds and San Cristobal have been severely presence of introduced mammals on and increasing (BirdLife International restricted due to clearance of vegetation suspected breeding grounds (BirdLife 2000). Threats to this species are for agriculture and intensive grazing International 2000). The Heinroth’s predominantly from invasive species (Cruz and Cruz 1987; Cruz and Cruz shearwater is categorized as Vulnerable such as cats, black rats (Rattus rattus), 1996), and at least half the breeding by the IUCN on the basis that there may Pacific rats (R. exulans), and the weka range is still farmed on Santa Cruz be a very small population and breeding (Gallirallus australis), which are major (Baker 1980, as cited in BirdLife range (IUCN 2002). The population predators of adults and chicks (Heather International 2000). The Galapagos estimate for this species is 250–999 and Robertson 1997; Taylor 2000). By Islands are a national park and were birds with an unknown population 1980, cats were eradicated from Little declared a World Heritage Site in 1979 trend (BirdLife International 2000). Barrier Island, and wekas were (BirdLife International 2000). There is no substantial evidence of a eradicated from Codfish Island between This species does not represent a decline (IUCN 2002). 1980 and 1985 (Taylor 2000). Pacific monotypic genus, but it is declining and Heinroth’s shearwater does not rats were successfully eradicated from has persistent threats that are high in represent a monotypic genus. It faces Codfish Island in August 1998, and magnitude and imminent. Therefore, threats that are moderate and non- eradication from Little Barrier Island this species receives a priority rank of imminent. Therefore, it receives a has been proposed (Conservation News 2. priority rank of 11. 2002). Magenta petrel (Pterodroma magentae) Greater adjutant stork (Leptoptilos This species does not represent a dubius) monotypic genus, and has a fairly good The magenta petrel is known from population size, which is increasing. Its Chatham Island, New Zealand. It breeds The greater adjutant stork previously primary threat is a limited breeding in a fragmented colony under dense occurred, often in huge numbers, in range and predation by introduced forest (BirdLife International 2000) and much of South and Southeast Asia, from species. However, the threats have been is marine and presumably pelagic (del Pakistan through northern India, Nepal, reduced by eradication of introduced Hoyo et al. 1992). The magenta petrel and Bangladesh, to Myanmar, Thailand, predators, which is ongoing. Therefore, was rediscovered in 1978 after 10 years Laos, Viet Nam, and Cambodia (BirdLife the threat is moderate and imminent, of intensive searching (Crockett 1994, as International 2000). However, the and the species receives a priority cited in BirdLife International 2000). species has experienced a dramatic ranking of 8. This species is listed as Critically crash, and currently, the population Endangered by IUCN because it has estimate is at 700–800 birds (BirdLife Galapagos petrel (Pterodroma undergone a historic decline that is International 2000). Breeding phaeopygia; Previously Referred to as assumed to be greater than 80 percent in populations of the species remain in Pterodroma phaeopygia phaeopygia) 60 years, it has a very small population, only two very small and highly disjunct The Galapagos petrel is a pelagic and it is restricted to one extremely populations: One in Assam (Saikia and marine bird endemic to the Galapagos small location (IUCN 2002). The Bhattacharjee 1989, as cited in BirdLife Islands, Ecuador (BirdLife International population is estimated to number 100– International 2001) and the other in 2000). It breeds on Santa Cruz, Floreana, 150 individuals, and the long-term Cambodia (Mundkur et al. 1995, as cited Santiago, San Cristobal, Isabela, and reduction in numbers may have begun in BirdLife International 2001). In the possibly other islands in the archipelago to stabilize (BirdLife International last century, there were vast colonies of (Cruz and Cruz 1987; H. Vargas and F. 2000). However, it is premature to millions in Burma, and del Hoyo et al. Cruz in litt. 2000, as cited in BirdLife assume that there is not a continuing (1992) indicate that in Calcutta there International 2000). This species is decline. The species is predominantly was ‘‘almost one on every roof.’’ It classified as Critically Endangered in threatened by introduced species that frequents marshes, lakes, paddyfields, the 2002 IUCN Red List because of its take eggs, chicks, and adults, or compete and open forest, and is often found in history of declines (IUCN 2002). In the for or cause the destruction of burrows dry areas, such as grasslands and fields. early 1980s, this species underwent (BirdLife International 2000). It is commonly found at carcasses and extremely rapid declines, in some cases The magenta petrel does not represent rubbish dumps at the edges of towns. by as much as 81 percent in 4 years, and a monotypic genus. The magnitude of The greater adjutant is classified as the species is likely to have declined by threat to the species is high, and the Endangered in the 2002 IUCN Red List. more than 80 percent in the last 60 years immediacy is imminent. It therefore The key threats are direct exploitation, (three generations) (ibid.). The receives a priority rank of 2. particularly at nesting colonies, habitat population estimate for this species is destruction, particularly lowland 20,000–60,000 birds with a decreasing Heinroth’s shearwater (Puffinus deforestation and the felling of nest population trend (BirdLife International heinrothi) trees, and drainage, conversion, 2000). Threats for this species include The Heinroth’s shearwater is known pollution, and over-exploitation of introduced dogs, cats, and pigs, which from the Bismarck Archipelago and wetlands. The Indian population is also take eggs, young, and adults; black rats around Bougainville in Papua New considered threatened by the reduced and brown rats (R. norvegicus), which Guinea and Kolombangara in the use of open rubbish dumps for the take eggs and chicks; nest-site Solomon Islands (Buckingham et. al. disposal of carcasses and foodstuffs destruction by goats, donkeys, cattle, 1995, as cited in BirdLife International (BirdLife International 2000). and horses; and predation by the 2000). It is marine and presumably The greater adjutant stork does not Galapagos hawk (Buteo galapagoensis) pelagic (del Hoyo et al. 1992). It is likely represent a monotypic genus, but it (Cruz and Cruz 1987; Cruz and Cruz to breed on high, inaccessible faces threats that are high in magnitude 1996). Predator control and petrel mountains, where introduced rats, cats, and imminent. It therefore receives a monitoring is occurring on Floreana, and dogs are potential threats to this priority rank of 2.

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Andean flamingo (Phoenicopterus 2002). The population is currently This species therefore receives a priority andinus) estimated at 50–249 individuals and is rank of 2. decreasing (BirdLife International 2000). The Andean flamingo is restricted to Southern helmeted curassow (Pauxi Threats include the perturbation and high-altitude salt lakes in the high unicornis) Andes, mainly between 3,500 and 4,500 pollution of rivers, which result m, from southern Peru through Bolivia predominately from deforestation, The southern helmeted curassow is to northern Chile and northwestern agriculture, and diamond mining in the known from central Bolivia and central Argentina (del Hoyo et al. 1992). Serra da Canastra area. Dam-building and eastern Peru, where it inhabits has flooded suitable habitat, especially Population assessments for this species dense, humid, lower montane forest and in Brazil and Paraguay, and hunting and are difficult and vary greatly, but it is adjacent evergreen forest at 450–1,200m collection of exhibition specimens in believed that 50,000–100,000 (BirdLife International, 2000). The fallen Argentina are considered contributory individuals existed until the mid-1980s. nuts of the almendrillo (Bryrsonima factors to this species’ decline (BirdLife The collection of eggs to sell as food was wadsworthii) constitute this species’ International 2000). The Brazilian intensive during the mid-20th Century major food, and it presumably also takes merganser is considered extinct in Mato and early 1980s, with estimates of other fallen fruits, including those from Grosso do Sul, Rio de Janeiro, Sao thousands of eggs being taken. three types of laurels and negrillo (del Paolo, and Santa Catarina (ibid.). There Unfavorable water levels due to weather Hoyo et al. 1994). The southern is only one recent record from Misiones, and manipulation, mining activities, helmeted curassow is listed as Argentina (Benstead 1994; Hearn 1994, Vulnerable on the IUCN Red List, and erosion of nest sites, and human as cited in Collar et al. 1994), and it was disturbance may also affect the population is estimated at fewer last recorded in Paraguay in 1984 than 10,000 birds, with a decreasing productivity. The latest population (BirdLife International 2001). There is estimate, from 1997, was 33,927 birds, population trend (BirdLife International little, if any, habitat left (Brooks et al. 2000). In Bolivia, professional hunters which suggests the species had declined 1993, as cited in Collar et al. 1994). This rapidly during the preceding 10–15 have caused a decline in the population. species is legally protected in Brazil, In addition, local people in the area years (BirdLife International 2000). Very where it occurs in three Brazilian low breeding success has been reported fashion cigarette lighters from the national parks (del Hoyo et al. 1992). curassow’s horn, or casque (Cordier for this species (del Hoyo et al. 1992). This species does not represent a The Andean flamingo was recently 1971, as cited in Collar et al. 1992). In monotypic genus, but it faces threats Amboro National Park, the bird is often categorized as Vulnerable by the IUCN that are high in magnitude and and is listed in Appendix II of CITES. eaten and its head skewered for use in imminent. It therefore receives a priority folk dances (Hardy 1984, as cited in Threats to this species include ongoing rank of 2. exploitation and a decline in habitat Collar et al. 1992). Other threats include quality (IUCN 2002). Local conservation Cauca guan (Penelope perspicax) forest clearing within its range, road actions include habitat management, The cauca guan is endemic to the building and development, and in Peru, prevention of egg-collecting, and raising west slopes of the West and Central oil exploration (BirdLife International public awareness (BirdLife International Andes (Risaralda, Quindio, Valle del 2000). Large parts of the southern 2000). Cauca, and Cauca), Colombia (Collar et helmeted curassow’s range are protected The Andean flamingo does not al. 1992). The stronghold for the species by inclusion in the Amboro and represent a monotypic genus. It faces is in the Ucumari Regional Park, Carrasco National Parks. Further work threats that are high in magnitude and Risaralda (BirdLife International 2000). in the low Andean foothills and imminent. It therefore receives a priority The Cauca guan inhabits large, humid outlying ridges in the region of the Peru- rank of 2. primary forests at 1,600–2,150m Bolivia border is likely to reveal new (Salaman in litt. 1999, as cited in populations (Collar et al. 1992). Brazilian merganser (Mergus BirdLife International 2000). Records at Discovery of new populations, as well octosetaceus) 900–1,600m have been from plantations as increased protections in Bolivian The Brazilian Merganser is found in of exotic broadleaf trees, secondary national parks and other specific extremely low numbers at a few, highly forest, and forest edge (BirdLife measures to conserve the species, could disjunct localities in south-central International 2000). This species was lead to future reclassification (IUCN Brazil (BirdLife International 2000). Its not considered uncommon at the 2002). range also extends into eastern Paraguay beginning of the 20th Century, but has The southern helmeted currasow does and northeastern Argentina. It is found suffered from severe loss of habitat (del not represent a monotypic genus. It in rapid, torrential streams and fast- Hoyo et al. 1994). The current faces threats that are moderate in moving rivers surrounded by dense population estimates is 1,000–2,499 magnitude and imminent. Therefore, it tropical forests. The species is believed individuals with a decreasing trend receives a priority rank of 8. to be mainly sedentary and presumably (BirdLife International 2000). It is also Blue-billed curassow (Crax alberti) maintains its territory all year round hunted for food even in some protected (del Hoyo et al. 1992). The Brazilian areas, except in Ucumari (ibid.). It is The blue-billed curassow historically merganser is a good swimmer and diver, listed as Endangered by IUCN because occurred in northern Colombia, from the and feeds primarily on fish and it has a very small range in which base of the Sierra Nevada de Santa occasionally on aquatic insects and severely fragmented habitat patches are Marta west to the Sinu Valley and south snails (Collar et al. 1992). declining (IUCN 2002). Its population is in Magdalena Valley to north Tolima Recent records from Brazil, and believed to be very small and divided (BirdLife International 2000). It inhabits particularly a recent northerly range into extremely small sub-populations, humid forest in lowlands and foothills extension, indicate that the status of this which are inferred to be declining from and on lower mountain slopes in the species is better than previously thought ongoing habitat loss and hunting (ibid.). tropical zone. This species of curassow (BirdLife International 2000). However, This species does not represent a occurs up to 1,200 m, but is more it remains close to extinction and is monotypic genus, but faces threats that common below 600 m (del Hoyo et al. considered Critically Endangered (IUCN are high in magnitude and imminent. 1994). It feeds on fruit, shoots,

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invertebrates, and possibly carrion ericaceous plants (ibid.). It is currently land (ibid.). Less disturbed and (BirdLife International 2000). treated as a subspecies of the western ornithologically unknown forests in The blue-billed curassow is capercaillie Tertrao urogallus, which is west Boyaca and Santander might retain categorized as Critically Endangered in not globally threatened. However, the populations of this species (BirdLife the 2002 IUCN Red List and is listed in subspecies cantabricus was considered International 2000). In November 1993, Appendix III of CITES by Colombia. The to be endangered in the Red Data Book 100 km2 of forest at Virolin was gazetted species was not common anywhere in of 1978–1979 (Storch 2000; BirdLife as a reserve, the Guanenta—Alto Rio the Santa Marta region at the beginning International 2000). The population is Fonce Flora and Fauna Sanctuary of the 20th Century, although it was presently estimated at 250–300 adult (Andrade and Repizzo 1994), which perhaps most numerous in the humid males, equivalent to a total population provides some protection. lowlands of the north coast (Todd and size of fewer than 1,000, but it is This species does not represent a Carriker 1922, as cited in Collar et al. probably only 600–750 birds (A. Lucio monotypic genus. The threat to the 1992). It was becoming very rare personal communication, as cited by species is high in magnitude and (Haffner 1975, as cited in Collar et al. Storch 2000). The Cantabrian imminent. It receives a priority rank of 1992), and by the 1980s it had Capercaillie Group estimates that 2. disappeared from most places in which numbers have declined by 25–50 Junin rail (Laterallus tuerosi) it had previously been found (Estudillo percent over the past 10–15 years Lopez 1986, as cited in Collar et al. (Storch 2000). Habitat loss, The Junin rail is endemic to the 1992). The population was estimated at fragmentation, and degradation related Andean Highlands of central Peru along 1,000–2,500 birds in 1994, and local to forestry and tourism, illegal hunting, the shores of Lago de Junin (BirdLife reports have indicated more recent and and disturbance by human outdoor International 2000). It is known to rapid declines (BirdLife International activities have been identified as the inhabit the rushy marsh vegetation 2000). Previous reports indicated that, major causes of decline (J. Castroviejo, bordering the lake, but details on habitat outside of a few forest patches bordering personal communication, as cited by preference are lacking (Fjeldsa 1983, as national parks, the species is almost Storch 2000). cited in Collar et al. 1992). These extinct (L.M. Renjifo, Z. Calle, D. This is a subspecies that faces threats secretive birds have been seen in areas Rodriguez personal communications, as that are high in magnitude and that contain mosaics of small beds of 1- cited in Brooks and Strahl 2000). imminent. It receives a priority rank of m-tall Juncus andecolus and open areas However, some sites believed to harbor 3. with bottom mosses and herbs (ibid). the species have been recently This species is classified as Endangered Gorgeted wood-quail (Odontophorus identified in work supported by the in the 2002 IUCN Red List because it strophium) World Pheasant Association has a very small range around a single International (Cuervo and Salaman The gorgeted wood-quail occurs on lake where habitat quality is declining 1999, as cited in Brooks and Strahl the west slope of the east Andes of (IUCN 2002). The population estimate 2000). Rapid deforestation in this Colombia in Santander and for this species is 1,000–2,499 birds, species’ range over the past decade has Cundinamarca (Collar et al. 1992). It is with a decreasing population trend left little habitat. Given increased access found on the forest floor of temperate (BirdLife International 2000). Since and hunting, this curassow could and subtropical forests at 1,500–2,050 1955, Lago de Junin has been affected by undergo an extremely rapid population m, especially those dominated by pollution and human-induced water- reduction (BirdLife International 2000). Quercus humboldtii (del Hoyo et al. level changes, which may be adversely The blue-billed curassow is perhaps one 1994). The gorgeted wood-quail is affecting the fringe vegetation (J. Fjeldsa of the most endangered species probably dependent on primary forest 1987 personal communication, as cited identified as an immediate conservation for at least part of its life cycle, although in Collar et al. 1992). Reed marshes have priority by the Cracid Specialist Group it has been recorded in degraded also been dessicated from drought and (Brooks and Strahl 2000). Recent habitats and secondary forest (BirdLife unsustainable water management by international trade in this bird may be International 2000). Since the 17th Electro Peru and occasional flooding cause for alarm (J. V. Rodriguez personal Century, the west slope of the East with highly acidic water from the Cerro communication, as cited in Brooks and Andes has been extensively logged and de Pasco mines (J. Fjeldsa in litt. to Strahl 2000). converted to agriculture (Stiles et al. Taylor and van Perlo 1998, as cited in The blue-billed currasow does not 1999). Forest loss below 2,500 m has BirdLife International 2000). Although represent a monotypic genus. It faces been almost complete (Stattersfield et the lake is a national reserve, this has threats that are high in magnitude and al. 1998), with habitat reduced in many not influenced mining and dam- imminent, and therefore it receives a areas to tiny, isolated relicts on steep building activities. priority rank of 2. slopes and along streams (Stiles et al. The Junin rail does not represent a 1999). This species is considered monotypic genus. It faces threats that Cantabrian capercaillie (Tetrao Critically Endangered by IUCN because are high and imminent. It therefore urogallus cantabricus) it has an extremely small range (IUCN receives a priority rank of 2. The Cantabrian capercaillie inhabits 2002). The population is estimated to be the Cantabrian Mountains of northern 250–999 individuals and declining Bogota rail (Rallus semiplumbeus) Spain (Storch 2000). It occupies a forest (BirdLife International 2000). The Bogota rail is found in the East and woodland habitat that is mainly Additionally, until 1923, it was known Andes of Colombia on the Ubate-Bogota coniferous (especially Pinus sylvestris), only from Cundinamarca, but recent Plateau in Cundinamarca and Boyaca. It but also contains species such as Piscea records have come from one of the only occurs in the temperate zone, at 2,500– and Abies and isolated broad-leaved remaining areas of suitable habitat 4,000 m (occasionally as low as 2,100 forests (BirdLife International 2000). It around Virolin in Santander m) in savanna and paramo marshes prefers extensive areas of old, shady Department, where logging and hunting (BirdLife International 2000). This rail forest, often with damp soil and are prevalent (Collar et al. 1992). Some frequents wetland habitats that are interspersed bogs, areas of peat or habitat regeneration has occurred fringed by dense, tall reeds and glades, and a dense undergrowth of following the abandonment of marginal bulrushes, and contain vegetation-rich

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shallows. It often feeds along the water’s also be affected by predation by stoats, fencing, signage, intensive predator edge, in flooded pasture, wet fen, or Mustela erminea (BirdLife International control, and a research program aimed within patches of dead water-logged 2000). Other potential competitors or at assessing the effects of predators, vegetation nearby (Varty et al. 1986; predators include the introduced brush- flooding, and management on breeding Fjeldsa and Krabbe 1990). It feeds tailed possum, Trichosurus vulpecula, success have been initiated (BirdLife primarily on aquatic invertebrates and and the threatened weka, Gallirallus International 2000). insect larvae, but also takes worms, australis (New Zealand Department of The Chatham oystercatcher does not molluscs, dead fish, frogs, tadpoles, and Conservation 1997). For the last 20 represent a monotypic genus. It faces plant material (Varty et al. 1986). years, the population has fluctuated threats that are moderate in magnitude This species is listed as Endangered between 100 and 160 birds (Maxwell in by the IUCN primarily because its range press, as cited in BirdLife International and imminent, and therefore it receives is very small and contracting, in part 2000). Populations have been a priority rank of 8. due to local extirpations. The established on four predator-free Jerdon’s courser (Rhinoptilus population has become severely offshore islands—Kapiti, Mana, Tiritiri bitorquatus; previously referred to as fragmented and is declining for a variety Matangi, and Maud—from birds Cursorius bitorquatus) of reasons, including habitat loss and translocated between 1984 and 1991 degradation (IUCN 2002). The current (BirdLife International 2000). Overall, Jerdon’s courser is endemic to population is estimated to be between numbers are slowly increasing due to southern India, where it is principally 1,000 and 2,499 individuals and is intensive management of these island known from southern Andhra Pradesh, decreasing (BirdLife International 2000). populations, although there are from the Godaveri River Valley near Although the Bogota rail is declining, it fluctuations in the remnant mainland Sironcha and Bhadrachalam, and from is still uncommon to fairly common, population (IUCN 2002). Since the the Cuddapah and Anantapur areas in with some notable populations, 1960s, deer have also been controlled in the valley of the Pennar River (Ripley including approximately 400 birds at the Murchison Mountains (BirdLife and Beehler 1989; Ali and Ripley 1968– Laguna de Tota, about 50 territories at International 2000). 1998, as cited in BirdLife International Laguna de la Herrera, about 110 birds at The takahe does not represent a 2001). It is found in sparse, thorny and Parque La Florida, and those at La monotypic genus. It faces threats that non-thorny scrub-forest and bushes, Conejera marsh and Laguna de Fuquene are moderate in magnitude and interspersed with patches of bare (BirdLife International 2000). Some of imminent. Therefore, it receives a ground, in gently undulating rocky the birds occur in protected areas such priority rank of 8. foothills (BirdLife International 2000). as Chingaza National Park and Carpanta Chatham oystercatcher (Haematopus Historically, it was known from just a Biological Reserve. However, savanna chathamensis) few records in the Pennar and Godavari wetlands are virtually unprotected. The Bogota rail does not represent a The Chatham oystercatcher is river valleys and was assumed to be monotypic genus. It is subject to threats endemic to the Chatham Islands, New extinct until 1986, when it was that are moderate in magnitude and Zealand (BirdLife International 2000). It rediscovered around Lankamalai. imminent. Therefore, it receives a is mostly found on rocky shores, less Jerdon’s courser is listed as Critically priority rank of 8. often on sandy or gravel beaches, and Endangered by the IUCN because of its sometimes nests in sites with some single small, declining population. It is Takahe (Porphyrio mantelli; Previously short vegetation (del Hoyo et al.1996). Referred to as Notornis mantelli) thought to be threatened by exploitation This species is classified as Endangered of the scrub-forest, livestock grazing, The takahe is endemic to New in the 2002 IUCN Red List because it disturbance, and quarrying (IUCN 2002). Zealand and is unique as the world’s has a very small population (IUCN The population estimate for this species largest living member of the rail family 2002). The Chatham oystercatcher is 50–249 birds, with a decreasing (del Hoyo et al. 1996). The species, population has increased from population trend (BirdLife International Porphyrio mantelli, is the remnant of approximately 50 birds in the early 2000). Very few individuals have been the South Island population resulting 1970s to 100–110 birds in the breeding recorded so far, mainly due to its from speciation. The North Island season of 1987–1988, which included nocturnal, shy, and retiring habits species Porphyrio hochstetteri, which 44 breeding pairs (del Hoyo et al. 1996). (ibid.). Between 1986 and 1995, there was taller and thinner boned, is extinct A census conducted in 1998 revealed have been eight sightings of the species (TerraNature Trust 2003). Subfossils 140–150 birds, which represented a in the Lankamalai area (Bhushan 1995, show that this bird was once significant increase (BirdLife as cited in BirdLife International 2001). widespread in the North and South International 2000). However, numbers However, it may occur in much higher Islands. However, when this species of birds on South East Island appear to densities than currently known was rediscovered in 1948, it was have gradually declined since the 1970s (BirdLife International 2001). Members confined to the Murchison Mountains in (Schmechel and O’Connor 1999, as cited Fiordland (BirdLife International 2000). in BirdLife International 2000). of the Yanaadi community, who played It is restricted to alpine tussock Introduced predators, as well as cattle a major role in the rediscovery of the grasslands on the mainland and feeds and sheep, are a major threat on Pitt and species, were employed by the State primarily on juices from the bases of Chatham Islands (BirdLife International Forest Department to locate individuals snow tussock and the rhizome of a fern 2000). South East and Mangere are free in other localities and habitats in the species (ibid.). The takahe is listed as of mammalian predators, but Eastern Ghats, but the results are Endangered by the IUCN because it has populations are highly variable, and the unknown (Bhushan 1995, as cited in an extremely small population (IUCN causes of the decline occurring on South BirdLife International 2001). 2002). The main cause of the species’ East Island are unknown (Schmechel Jerdon’s courser does not represent a decline was competition for food from and O’Connor 1999, as cited in BirdLife monotypic genus. The current threat to the introduced red deer, Cervus International 2000). The birds on the the species is high and imminent, and elaphus, which also modified habitat by Chatham Islands are protected through therefore, it receives a priority rank of grazing (del Hoyo et al. 1996). It may active management. Nest manipulation, 2.

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Slender-billed curlew (Numenius high, but non-imminent. Therefore, the al. 1997). There are no recent records tenuirostris) priority rank for this species is 5. from Saparua and Haruku, and it may only survive at one locality on Ambon, Marquesan imperial-pigeon (Ducula The slender-billed curlew migrates which leaves almost the entire galeata) along a west-southwest route from population on Seram in the Manusela Siberia through central and eastern The Marquesan imperial-pigeon is National Park (BirdLife International Europe (predominantly Russia, endemic to Nuku Hiva in the Marquesas 2000). This species is one of three Kazakhstan, Ukraine, Bulgaria, Hungary, Islands, French Polynesia. It is restricted threatened members of the suite of 14 Romania, and Yugoslavia) to southern to valleys in remote wooded valleys bird species that are entirely restricted Europe (Greece, Italy, and Turkey) and from 250 to1,300 m elevation in the to the Seram Endemic Bird Area northern Africa (Algeria, Morocco, and west and north of the island. It is also (BirdLife International 2001). It is listed Tunisia) (BirdLife International 2000). seen in secondary forest and at the edge as Vulnerable in the IUCN 2002 Red List Breeding has only been confirmed near of banana and orange plantations (IUCN 2002), and current populations Tara, north of Omsk, in Siberia, Russia, (BirdLife International 2002). The are estimated as fewer than 10,000 between 1914 and 1924; there have been Marquesan imperial-pigeon is individuals and decreasing (BirdLife no breeding records since 1925 (del categorized as Critically Endangered in International 2000). Hoyo et al. 1996). The only known nests the 2002 IUCN Red List because it has By the 1980s, the species was being were recorded on the northern limit of a very small population on one tiny extensively and unsustainably trapped the forest—steppe zone in habitat more island (IUCN 2002). Illegal hunting is for the cage-bird market (BirdLife typical of taiga marsh (BirdLife the main threat, and the species’ habitat International 2000) and was placed on International 2000). During migration has been modified and degraded by CITES Appendix II in 1981. It was and winter, a wide variety of habitats introduced vegetation and grazing from estimated that 74,509 individuals were are used, including steppe grassland, feral livestock (BirdLife International exported from Indonesia between 1981 marshland, salt pans, brackish lagoons 2002). In 1975, the population was and 1990 (BirdLife International 2000). and wetlands, tidal mudflats, fish estimated at 200–400 birds by Holyoak Imports from Indonesia between 1983 ponds, semi-desert, and sandy farmland and Thibault (1984), and in 1998, a and 1988, as reported to CITES, next to lagoons (ibid.). minimum of 85 birds was seen and the averaged 9,571 per year (Marsden 1995, During the 19th Century, the slender- population was estimated at about 250 as cited in BirdLife International 2001), billed curlew was regarded as very birds (Evva 1998). The Marquesan and allowing for unrecorded common (BirdLife International 2000), imperial-pigeon survives because it international trade, domestic trade, and but declined dramatically in the 20th exists in several areas that are difficult mortality, it is estimated that at least Century. It is considered Critically to access by hunters and introduced 10,000 birds were being taken on Seram Endangered by the IUCN because it has grazers, and that have not been annually in the 1980s (Kinnaird et al. an extremely small population and the colonized by rats (IUCN 2002). [in prep.], as cited in BirdLife The Marquesan imperial-pigeon is a number of birds recorded annually International 2001). In October 1989, the species that does not represent a continues to decrease (IUCN 2002). This salmon-crested cockatoo was transferred monotypic genus. It faces threats that species is also listed in CITES Appendix to CITES Appendix I. This listing are of high magnitude and imminent. I. Flocks of over 100 birds were resulted in a rapid drop to zero in Therefore, it receives a priority rank of recorded from Morocco as late as the officially traded birds, but the domestic 2. 1960s and 1970s (BirdLife International consumption of the species remained 2000). However, between 1980 and Salmon-crested cockatoo (Cacatua high (BirdLife International 2001). 1990, there were only 103 records moluccensis) Extrapolation from figures obtained by interviews in villages suggests that involving 316–326 birds, and from 1990 The salmon-crested cockatoo is found, to 1999, this dropped to 74 records possibly thousands of birds (perhaps as and perhaps endemic to, Seram in the many as 4,000, or 6.4 percent of the involving 148–152 birds (ibid.). Most South Moluccas, Indonesia, with current estimated total) are still being recent records are of 1–3 birds, with the records from the adjacent islands of captured each year (Kinnaird 1999, as exception of a flock of 19 birds in Italy Haruku, Saparua, and Ambon. There is cited in BirdLife International 2001). in 1995. In 1994, the population was some speculation that records from Forest loss, degradation, and estimated at only 50–270 birds, but locales other than Seram might all relate fragmentation from timber extraction, records suggest it may now be lower. to birds of captive origin (BirdLife settlement, and hydroelectric projects Threats to the breeding grounds are International 2001). Lowland rain forest pose the other major threats. A program unknown (BirdLife International 2000), below altitudes of 1,000 m and unlogged to raise local awareness, linked with the although it has recently been suggested lowland forest below 300 m are clearly promotion of ecotourism, has recently that the main breeding areas may have the most productive habitat (Marsden been launched (BirdLife International been located in the steppe zone, which 1998). Studies conducted in 1998 2000). has been cultivated on a large scale, suggested that habitat rich in strangler The salmon-crested cockatoo does not perhaps explaining the rapid decline of fig trees and the key nest tree, represent a monotypic genus. It faces the species (del Hoyo et al. 1996). Octomeles sumatranus, holds the threats that are high in magnitude and Historically, hunting was high and may highest densities of cockatoos, but this imminent, and therefore it receives a have been a key factor in the species’ needs confirmation (Kinnaird et al. in priority rank of 2. historical decline (BirdLife International prep., as cited in BirdLife International 2000). Wetlands in North Africa and the 2000). The diet of salmon-crested Orange-fronted parakeet Mediterranean, and potentially cockatoos consists of seeds, nuts (Cyanoramphus malherbi) important areas in Iraq, have been (including coconuts), berries, and The orange-fronted parakeet was extensively drained (ibid.). insects and their larvae (Forshaw 1989). treated as a species until it was first The slender-billed curlew does not The salmon-crested cockatoo was proposed as a color morph of C. represent a monotypic genus. The formerly a common species of the auriceps in 1974 (Holyoak 1974, as cited magnitude of threat to the species is lowlands within its range (del Hoyo et in Snyder et al. 2000). However, recent

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analysis has led to the suggestion that it seeds of various trees and shrubs (del seasonally inundated savanna, palm- should again be considered a distinct Hoyo et al. 1997). It is restricted to areas groves, forest islands, and possibly species (Triggs and Daugherty 1996). It of old-growth forest with nesting holes, humid lowlands. This species is found is only known from two valleys on the but highest numbers occur close to in areas where there is an availability of South Island of New Zealand: the South gardens with papayas (BirdLife palm-fruit food, especially Attalea Branch Hurunui River valley and the International 2000). phalerata (Hesse 1998, as cited in Hawdon River valley. Historically, it Early population estimates were BirdLife International 2000). The region was once present on the North, most of alarmingly low for the Uvea parakeet, it inhabits lies at elevations between 200 the South, and Stewart Islands (BirdLife 70–90 birds and declining (Hahn 1993), and 250 m (BirdLife International 2000). International 2000). This species is but surveys yielded estimates of The species has not been seen restricted to southern beech (Nothofagus approximately 600 birds in 1993 and congregating in large flocks, and is most spp.) forest (BirdLife International 750 birds in 1998 (P. Primot, in litt. commonly seen traveling in pairs, and 2000), with a preference for areas 1999, as cited in BirdLife International on rare occasions may be found in small bordering stands of mountain beech (N. 2000). It is classified as Endangered in flocks of up to five individuals (Collar solandri) (Snyder et al. 2000). It requires the 2002 IUCN Red List because it et al. 1992). The blue-throated macaw mature trees with natural hollows or occurs in a very small, declining area of nests between November and March in cavities for nesting, and breeding of the forest on one small island (IUCN 2002). cavities within large trees where one to species is linked with the irregular seed It was listed in Appendix I of CITES in two young are raised (BirdLife production by Nothofagus (BirdLife July 2000, and had been previously International 2000). International 2000). listed in Appendix II. Habitat The taxonomic status of this species The orange-fronted parakeet has an destruction in the last 30 years has was disputed for a long time, primarily extremely small population and limited caused a 30–50 percent decline in because it was unknown in the wild to range. There have only been a few primary forest. Threats also include an biologists until 1992 (del Hoyo et al. sightings since 1966 (Triggs and ongoing illicit pet trade, mostly for the 1997). However, trappers apparently Daugherty 1996), and previous domestic market. Nesting holes are cut discovered these birds sometime in the assessments of its status have ranged open to extract nestlings, which make late 1970s or early 1980s. Between the from more common than originally them unsuitable for future breeding. The early 1980s and early 1990s, thought (Harrison 1970) to close to lack of nesting sites is believed to be a approximately 400–1,200 birds were extinction (Mills and Williams 1980). It limiting factor for the species (BirdLife exported from Bolivia, and many are is classified as Endangered in the 2002 International 2000). Juveniles may be now in captivity in the European Union IUCN Red List and is listed in Appendix taken by predators such as the native and in North America (World Parrot II of CITES. The population is estimated brown goshawk (Accipiter fasciatus). Trust 2003). This species is severely at 200–500 individuals and declining Introductions to the adjacent island of threatened by past trapping for the (BirdLife International 2000). The Lifou in 1925 and 1963 failed (BirdLife national and international cage-bird primary cause of decline is likely to be International 2000), possibly due to the trade. Recent estimates indicate that predation by stoats (Mustela erminea) presence of ship and Norwegian rats there are between 75 and 150 and rats (Rattus spp.) (BirdLife (Rattus norvegicus) (Snyder et al. 2000). individuals in the wild (Snyder et al. International 2000). Hybridization with A recovery plan for the Uvea parakeet 2000). It is categorized as Critically yellow-crowned parakeets (C. auriceps) was prepared for the period 1997–2002, Endangered in the 2002 IUCN Red List has been observed at Lake Sumner which included strong local and is listed in Appendix I of CITES. (Snyder et al. 2000). Existing captive participation in population and habitat Trapping for the pet trade could still be stocks also show signs of interbreeding monitoring (Snyder et al. 2000). It is a problem today, although some with C. auriceps and should not be becoming well known and celebrated as protection for known populations is in considered for any conservation action an island emblem (Robinet and Salas place. The Eco Bolivia Foundation in the future (Triggs and Daugherty 1997). Illegal trade is being successfully patrols known populations by foot and 1996). Monitoring and conservation of addressed by increased awareness and motorbike, and the Armonia Association this species is problematic given the law enforcement. A captive-breeding of Santa Cruz is searching the Beni for difficulty in separating it from C. program was initiated in 1998 to restock more populations. In addition, the auriceps (BirdLife International 2000). the south of Uvea. Measures are being Armonia Association is working on an The orange-fronted parakeet does not taken to control predators and prevent awareness campaign aimed at the represent a monotypic genus. It faces colonization by rats (BirdLife cattlemen’s association to ensure that threats that are high but non-imminent. International 2000). Current population these birds are not hunted by trappers Therefore, it receives a priority rank of numbers are increasing, but any on their property (Snyder et al. 2000). 5. relaxation of current conservation The blue-throated macaw does not represent a monotypic genus. It faces Uvea parakeet (Eunymphicus uvaensis; efforts or introduction of rats could lead threats that are moderate and imminent, Previously Referred to as Eunymphicus to a rapid decline of the species (IUCN and therefore receives a priority rank of cornutus uvaeensis) 2002). The Uvea parakeet does not represent 8. The Uvea parakeet is restricted to a monotypic genus. It faces threats that Southeastern rufous-vented ground Uvea, New Caledonia. It was recently are moderate and imminent, and cuckoo (Neomorphus geoffroyi dulcis) split from the horned parakeet E. therefore receives a priority rank of 8. cornutus on the basis of morphological The southeastern rufous-vented and biochemical differences (O. Robinet Blue-throated macaw (Ara ground cuckoo is found in southeastern in litt. 1999, as cited in BirdLife glaucogularis) Brazil from Espirito Santo to Rio de International 2000). It is found primarily The blue-throated macaw is endemic Janeiro (del Hoyo et al. 1997). It is found in forest habitat, notably, those to forest islands in the seasonally in tropical lowland evergreen forests, dominated by Agathis—Araucaria and flooded Beni Lowlands (Lanos de where it feeds on large insects, general woodlands, and feeds on the Moxos) of Central Bolivia (Jordan and scorpions, centipedes, spiders, small berries of vines and the flowers and Munn 1993). It inhabits a mosaic of frogs, lizards, and occasionally seeds

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and fruit (ibid.). The species is not targeting the species has produced more birds with a decreasing population globally threatened, although records, but it has clearly declined and trend (BirdLife International 2000). This populations of ground cuckoos in is now rare within a very limited range species is classified as Endangered in southern Brazil appear to be under (Philips 1989). The population estimate the 2002 IUCN Red List. It has a very threat due to deforestation (ibid.). It is for this species is 50–249 birds, with a small range, with all populations a rare, local, solitary species that decreasing population trend (BirdLife confined to remnant habitat patches in requires large blocks of natural forest International 2000). This species is the two desert valleys where it occurs, (ibid.). This extremely shy species is classified as Critically Endangered in which are heavily cultivated (IUCN among the first to disappear if its the 2002 IUCN Red List and is listed in 2002). The indigenous plants favored by primary forest habitat is disturbed, and Appendix II of CITES. It qualifies as the Chilean woodstar may be severely in southeastern Brazil where it occurs, critical because it has an extremely threatened by this cultivation (Collar et most of this type of forest has been small range and the population is al. 1992). The extent, area, and quality destroyed (IUCN 1978–1979). It is restricted to one location where habitat of suitable habitat are likely to be poorly known, has a small range, and is is being rapidly converted and there is declining (ibid.). The Chilean woodstar highly sensitive to human disturbance ongoing volcanic activity (BirdLife is listed in Appendix II of CITES. All (BirdLife International 2001). This International 2000). The main threat to exports of hummingbirds from Peru and subspecies is protected under Brazilian the species is the taking of trees in the Chile are controlled (BirdLife law (IUCN 1978–1979). elfin forest for charcoal, although media International 2000). This is a subspecies facing threats that coverage of the species has encouraged The Chilean woodstar represents a are high in magnitude and imminent. It authorities to control access and forbid monotypic genus. It faces threats that therefore receives a priority rank of 3. charcoal production (Philips 1989). In are high in magnitude and non- addition, until recently, potato imminent. It therefore receives a rank of Margaretta’s hermit (Phaethornis cultivation and livestock grazing on 4. malaris margarettae; Previously ridge crests were causing suitable Referred to as Phaethornis margarettae) Esmeraldas woodstar (Acestrura habitat in these areas to disappear berlepschi) Margaretta’s hermit was first rapidly (ibid.). Some of these ridges are described as a new species in 1972 by almost completely devoid of natural The Esmeraldas woodstar is restricted A. Ruschi (Sibley and Monroe 1990). It vegetation, and even if black-breasted to a small area on the Pacific Slope of is currently treated as a subspecies of pufflegs still occur in these areas, they the Andes of western Equador the great-billed hermit (Phaethornis are most likely not numerous (BirdLife (Esmeraldas, Manabi, and Guayas), malaris) (Sick 1993), which is not International 2000). where it is very rare and localized considered globally threatened. It is The black-breasted puffleg does not (BirdLife International 2000). It is found found in the understory of inundated represent a monotypic genus. The threat in lowland, moist forest (del Hoyo et al. lowland forest, secondary growth, to the species is high and imminent. 1999). It has also been recorded in the bamboo thickets, and shrubbery. Therefore, it receives a priority rank of canopy of semi-humid secondary Margaretta’s hermit is found in coastal 2. growth at 50’150 m in December–March, East Brazil and is limited to forest when it apparently breeds (Becker et al. Chilean woodstar (Eulidia yarrellii) remnants; consequently, it could be 2000). However, it has not been threatened by further habitat destruction The Chilean woodstar is restricted to recorded in this habitat at other times of (del Hoyo et al. 1999). The Margaretta’s a very small area on the Pacific coast year, and there is no evidence hermit is listed in Appendix II of CITES. from Tacna, Peru, to extreme northern concerning its long-term ability to Margaretta’s hermit is a subspecies Antofagasta, Chile (Collar et al. 1992). It survive in this type of forest (BirdLife facing threats that are high and is only known to regularly breed in the International 2000). imminent. Therefore, it receives a Lluta and Azapa valleys, Arica The Esmeraldas woodstar inhabits priority rank of 3. Department, in extreme northern Chile one of the most threatened forest (BirdLife International 2000). It inhabits habitats within the Neotropics (del Black-breasted puffleg (Eriocnemis desert river valleys and gardens, mainly Hoyo et al. 1999). All forest types within nigrivestis) from sea level to about 750 m and was its range have greatly diminished due to The black-breasted puffleg is possibly found once at 2,600 m (Collar et al., logging and clearing for agriculture now confined to the northern ridge 1992). It is usually a solitary feeder and (Dodson and Gentry 1991, as cited in crests of Volcan Pichincha, in Pichincha has been reported feeding in gardens on BirdLife International 2000). This Province, northwest Ecuador (BirdLife Lantana and Hibiscus flowers (Collar et species is classified as Endangered in International 2000). It may also occur on al. 1992), but it is comparatively rare in the 2002 IUCN Red List because it has Volcan Atacazo, although there have such habitats (Howell and Webb in a very small and severely fragmented only been three specimens found in prep., as cited in BirdLife International range, which is experiencing rapid 1898, with a possible sighting in 1983 2000). declines, presumably causing declines in this location (Collar et al. 1992). It The Chilean woodstar was reported to in the bird’s population (IUCN 2002). occurs in dwarf, humid elfin forest and be common at the beginning of the 20th The species is also listed in Appendix paramo, at 3,100–4,500 m, from Century (Collar et al. 1992). More II of CITES. The population estimate for November through January and in recently, surveys have found this this species is 1,000–2,499 birds with a humid temperate forest at about 2,400 m species to be scarce to locally common decreasing population trend (BirdLife at other times of the year (Philips 1989). (Howell and Webb in prep., as cited in International 2000). There is a serious There are a large number of museum BirdLife International 2000). It is current threat from persistent grazing by specimens (over 100) for this species, unclear whether this represents a goats and cattle, which damage the suggesting it was more common in the serious decline or previous observers understory and prevent regeneration past (ibid.). The only confirmed record did not come across flowering trees (Dodson and Gentry 1991, as cited in between 1950 and 1993 was three favored by this species (BirdLife BirdLife International 2000). Dodson individuals in 1980 (BirdLife International 2000). The population and Gentry (1991) indicate that rapid International 2000). Recent fieldwork estimate for this species is 2,500–10,000 habitat loss continues, at least in

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unprotected areas, and extant forests are at least 30 years old (Ikehara 1988) m (Schulenberg and Parker, as cited in will soon be removed. In Manabi in trees more than 20 cm in diameter Collar et al. 1992). However, its Province, the Esmeraldas woodstar (Research Center, Wild Bird Society of restricted range remains unexplained occurs in Machalilla National Park Japan 1993, as cited in BirdLife (ibid.). The yellow-browed toucanet (Collar et al. 1992), but even here, it International 2001). The Okinawa does not appear to occupy all receives inadequate protection (BirdLife woodpecker heavily uses rotting stubs apparently suitable forest available International 2000). as food sources, which suggests a within its overall range (Schulenberg The Esmeraldas woodstar does not dependence on old-growth forests with and Parker 1997). Deforestation has represent a monotypic genus; however, large, often moribund trees, been widespread in this region, but it faces threats that are high in accumulated fallen trees and debris, and largely below this species’ altitudinal magnitude and imminent. Therefore, it undergrowth (Short 1993, as cited in range (BirdLife International 2000). receives a priority rank of 2. BirdLife International 2001). This However, coca growers have taken over Helmeted woodpecker (Dryocopus woodpecker mainly nests in the tree forests within its altitudinal range, galeatus) Castanopsis cuspidata (Research Center, probably resulting in some reductions in Wild Bird Society of Japan 1993, as this species range and population The helmeted woodpecker is endemic cited in BirdLife International 2001). It (ibid.). It is listed as Endangered by the to the southern Atlantic forest region of feeds on large arthropods, notably beetle IUCN because of its very small range southeastern Brazil, eastern Paraguay, larvae, spiders, moths, and centipedes, (IUCN 2002). Current population size is and northeastern Argentina (BirdLife plus fruit, berries, seeds, acorns, and unknown (BirdLife International 2000). International 2001). It is found in tall other nuts (Winkler et al. 1995). The yellow-browed toucanet does not lowland and montane primary forest, in The Okinawa woodpecker is represent a monotypic genus. The forest that has been selectively logged, considered the world’s rarest extant magnitude of threat to the species is and usually near large tracts of intact picid and is categorized as Critically moderate and non-imminent. Therefore, forest (ibid.). This woodpecker feeds on Endangered in the 2002 IUCN Red List. it receives a priority rank of 11. beetle larvae living beneath bark and It was considered close to extinction in Royal cinclodes (Cinclodes aricomae) forages primarily in the middle story of the 1930s, and in the early 1990s, the the forest interior (del Hoyo et al. 2002). breeding population was estimated to be The royal cinclodes occurs in the Recent field work on the helmeted about 75 birds, with the total population Andes of southeastern Peru (Cuzco, woodpecker has revealed that the between 146 and 584 individuals. It has Apurimac, and Puno) and adjacent species is less rare than once thought a single tiny, declining population, Bolivia (La Paz) (BirdLife International (BirdLife International 2000). It is listed which is threatened by continued loss of 2000). It is found in tiny humid patches as Vulnerable in the IUCN 2002 Red mature forest to logging, dam of Polylepis woodland and montane List. The current population is construction, agriculture, and golf scrub, mainly at 3,500–4,800 m (Parker estimated at no more than 10,000 course developments (BirdLife et al. 1996). This species is classified as individuals and decreasing (BirdLife International 2000). Some conservation Critically Endangered in the 2002 IUCN International 2000). The greatest threat efforts are underway. Currently, it is Red List because it has an extremely to this species is widespread legally protected in Japan. The small population that is restricted to a deforestation. Numerous sightings since Yambaru, a forest area in the Okinawa severely fragmented and rapidly the mid-1980s has included a pair in the Prefecture, was designated as a national declining habitat (IUCN 2002). In Brazilian State of Santa Catarina in park in 1996, and conservation addition, no sub-population is thought 1998, where the species had not been organizations have purchased sites to exceed 50 mature individuals (ibid.). seen since 1946 (del Hoyo et al. 2002). where the woodpecker occurs to The population estimate for this species The helmeted woodpecker is protected establish private wildlife preserves (del is 50–249 birds, with a decreasing by Brazilian law and populations occur Hoyo et al. 2002). population trend (BirdLife International in numerous protected areas throughout The Okinawa woodpecker represents 2000). The main threat is the inability its range (BirdLife International 2000). a monotypic genus. This species faces of Polylepis to regenerate due to the Further studies are needed to clarify its threats that are moderate in magnitude uncontrolled use of fire and heavy distribution and status (del Hoyo et al. and imminent. It therefore receives a grazing (Fjeldsa and Kessler 1996, as 2002). priority rank of 7. cited in BirdLife International 2000). The helmeted woodpecker does not Yellow-browed toucanet Cutting for timber, firewood, and represent a monotypic genus. The (Aulacorhynchus huallagae) charcoal, although locally destructive, magnitude of threat to the species is could be sustainable if regeneration was moderate and imminent. It therefore The yellow-browed toucanet is known allowed to occur (ibid.). A local program receives a priority rank of 8. from only two localities in north-central aimed at educating families on Polylepis Peru, La Libertad, where it is woodland and its birds seems to be Okinawa woodpecker (Sapheopipo uncommon, and Rio Abiseo National noguchii) working. Park, San Martin, where it is apparently The royal cinclodes does not The Okinawa woodpecker is endemic very rare (BirdLife International 2000). represent a monotypic genus. The to Okinawa Island, Japan, in the Nansei It has a narrow elevational distribution, magnitude of threat to the species is Shoto (Ryukyu) Islands in southern inhabiting the canopy of montane wet high and the immediacy is imminent. Japan. It is confined to Kunigami-gun, cloud forests with mosses and epiphytes We therefore have assigned a priority with its main breeding areas along the between 2,125 and 2,510 m (del Hoyo et rank of 2 to this species. mountain ridges between Mt. Nishime- al. 2002, Collar et al. 1992). This take and Mt. Iyu-take (BirdLife distribution may be related to the White-browed tit-spinetail International 2000). This species is occurrence of the larger grey-breasted (Leptasthenura xenothorax) found in mature, subtropical moist mountain toucan (Andigena The white-browed tit-spinetail is evergreen broadleaf forests, much of hypoglauca) above 2,300 m and the restricted to a severely fragmented range which is now confined to hilltops occurrence of the emerald toucanet in south-central Peru in the Runtacocha (Brazil 1991). It is found in forests that (Aulacorhynchus prasinus) below 2,100 highland (Apurimac), the Nevado

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Sacsarayoc Massif, and the Cordillera clearance of suitable habitat for pasture the Rio Toche Valley, which represents Vilcanota (Cuzco) (BirdLife and plantations of Euterpe sp. palms a range extension (Lopez-Lanus et al. International 2000). These birds occur (ibid.). 2000). in small, widely scattered patches of The black-hooded antwren does not The greatest threat to the brown- humid Polylepis woodlands at 3,700– represent a monotypic genus. It faces banded antpitta is habitat loss. In the 4,550 m (ibid.). The white-browed tit- threats that are high in magnitude and Rio Toche Valley, forest has been spinetail is categorized as Endangered imminent, and therefore it receives a converted to agriculture since the 1950s, in the 2002 IUCN Red List because of its priority rank of 2. and natural vegetation cover has been reduced to about 15 percent between extremely small and fragmented range Fringe-backed fire-eye (Pyriglena atra) and population, which continue to 1,900 and 3,200 m (BirdLife decline due to habitat loss and a lack of The fringe-backed fire-eye is known International 2000). This species is habitat regeneration (IUCN 2002). The only from a very restricted area in the classified as Endangered in the 2002 population is estimated at 250–999 vicinity of Salvador, coastal Bahia, and IUCN Red List because it is known from individuals and declining (BirdLife in south Sergipe, Brazil (Collar et al. very few locations in a very small range International 2000). Regeneration of 1992). It is found in the tangled (IUCN 2002). In addition, habitat loss Polylepis woodlands is prevented by undergrowth of lowland forests and and degradation are continuing within uncontrolled fires, heavy grazing, and appears to favor secondary growth and this range (ibid.). The population the inadequacy of afforestation projects, other semi-open habitats where estimate for this species is 250–999 which are the greatest threats to the horizontal perches can be found near birds, with a decreasing population white-browed tit-spinetail (Fjeldsa and the ground. Recent population estimates trend (BirdLife International 2000). Kessler 1996, as cited in BirdLife indicate that between 250 and 999 Significant numbers of this species are International 2000). Although cutting individuals remain in the wild, and the well protected in Ucumari Regional for timber, firewood, and charcoal is population is declining (BirdLife Park, Risaralda (Kattan and Beltran locally destructive, it could be sustained International 2000). The species is 1997). The Rio Toche watershed lacks if regeneration were allowed to occur. categorized as Critically Endangered in any form of protection, and the limited There have been attempts to draw local the 2002 IUCN Red List because of its remaining forest there continues to attention to the plight of Polylepis extremely small range and declining diminish and become increasingly woodlands in Cuzco, which may lead to habitat, and because it is known from a fragmented (Lopez-Lanus et al. 2000). better environmental controls (ibid.). very few, highly fragmented localities The brown-banded antpitta does not The white-browed tit-spinetail does (IUCN 2002). The fringe-backed fire-eye represent a monotypic genus. The threat not represent a monotypic genus. The is protected under Brazilian law. The to the species is high in magnitude and magnitude of threat to this species is greatest threat to this species is habitat imminent. It therefore receives a priority high and immediacy of threat is loss (BirdLife International 2000). rank of 2. This species does not represent a imminent. It has therefore received a Brasilia tapaculo (Scytalopus priority rank of 2. monotypic genus. It faces threats that are high in magnitude and imminent. It novacapitalis) Black-hooded antwren (Formicivora therefore receives a priority rank of 2. The Brasilia tapaculo occurs in the erythronotos, Previously Referred to as undergrowth of swampy gallery forest Myrmotherula erythronotos) Brown-banded antpitta (Grallaria and dense streamside vegetation with milleri) The black-hooded antwren is endemic impenetrable secondary growths of fern to southeast Brazil and survives in a The brown-banded antpitta is Pteridium aquilinum from Goias, the narrow coastal strip around the Baı´a endemic to the Volcan Ruiz–Tolima Federal District, and Minas Gerais, Ilha Grande in south Rio de Janeiro, Massif of the central Andes, Colombia Brazil (Collar et al. 1992; BirdLife Brazil (BirdLife International 2000; (BirdLife International 2000). In International 2000, Negret and BirdLife International 2001). It has been Ucumari, this species has been recorded Cavalcanti 1985, as cited in Collar et al. found to occur mostly in the lush in three types of habitat with no 1992). Although the species was once understory of modified restinga, early significant difference in population: considered rare (Sick and Texeira 1979, successional habitats such as secondary Early secondary growth vegetation with as cited in Collar et al. 1992), it is found growth, and the understory of old a high density of herbs and shrubs; the in reasonable numbers in certain areas secondary growth (BirdLife understory of 30-year-old alder (Alnus) of Brasilia (D. M. Teixeira, in litt. 1987, International 2000). This species was plantations; and the understory of 30- as cited in Collar et al. 1992). The originally known from about twenty year-old secondary forest (Kattan and population is estimated at more than 19th Century skins, and thought to be Beltran 1997). Between 1911 and 1942, 10,000 birds, with a decreasing extinct until it was rediscovered in 1987 ten specimens were collected at population trend (BirdLife International (BirdLife International 2000). It has been elevations of 2,745–3,140 m in Caldas 2000). Currently, the IUCN Red List classified as Endangered by IUCN and Quindio (BirdLife International categorizes Scytalopus novacapitalis as (2002). Although the species is found at 2000; Kattan and Beltran 1997). It was Lower Risk/near threatened (IUCN high densities at three sites, the overall not seen again until May 1994 in 2002). This species has a very limited range is very small and highly Ucumari Regional Park in Risaralda range and is presumably losing habitat fragmented, and the species is likely to (Kattan and Beltran 1997). Eleven more around Brasilia. However, its be declining rapidly in response to birds were caught and banded during distribution now seems larger than habitat loss (BirdLife International surveys conducted between 1994 and initially thought, and the swampy 2000). The population estimate for this 1997 in a narrow elevational band of gallery forests where it is found have species is 1,000–2,499 birds with a 2,400–2,600 m, and it was estimated escaped clearance (D. M. Teixeira in litt. decreasing population trend (BirdLife that 106 individuals were present in a 1987, as cited in Collar et al. 1992). The International 2000). This species is 0.63-km2 area (ibid., Kattan and Beltran Brasilia tapaculo is currently protected threatened by development of the 1999). During 1994–1997, additional by Brazilian law (Bernardes et al. 1990, narrow coastal plain for tourism and observations of the bird were made on as cited in Collar et al. 1992), and it is beachside housing and widespread the southeast slope of Volcan Tolima in known from six protected areas

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(BirdLife International 2000). Annual and the Cordillera Vilcabamba, Cuzco the undergrowth of mid- and high- burning of adjacent grasslands limits the (Fjeldsa and Kessler 1996). The ash- altitude primary and secondary moist extent and availability of suitable breasted tit-tyrant is categorized as forest (Raffaele et al. 1998; Keith 1997, habitat, as does wetland drainage and Endangered in the 2002 IUCN Red List as cited in BirdLife International 2000). the sequestration of water for irrigation because of its very small, fragmented, On St. Lucia, it is uncommon to rare, (BirdLife International 2000). and declining occupied range and but was considered numerous in the late The Brasilia tapaculo does not population (IUCN 2002). The 19th Century (Keith 1997, as cited in represent a monotypic genus. The population is estimated at 250–999 BirdLife International 2000). It is magnitude of threat to the species is individuals and declining (BirdLife currently treated as a subspecies of the moderate and imminent. Therefore, it International 2000). Heavy grazing is the forest thrush (Cichlherminia receives a priority rank of 8. main threat, especially in Ancash, Iherminieri), which is classified as Kaempfer’s tody-tyrant (Hemitriccus which, combined with the uncontrolled Vulnerable in the 2002 IUCN Red List kaempferi; Previously Referred to as use of fire, prevents Polylepis because of human-induced deforestation Idioptilon kaempferi) regeneration (Fjeldsa and Kessler 1996 and introduced predators (IUCN 2002). and G. Servat (in litt.), as cited in Habitat loss has occurred throughout the The Kaempfer’s tody-tyrant is known BirdLife International 2000). In species’ range, and other threats include from three localities in Santa Catarina, addition, a change from camelid to competition with the bare-eyed robin, Brazil: one record each in 1929, 1950, sheep and cattle farming, erosion, and brood parasitism by the shiny cowbird, and 1998 (BirdLife International 2000). soil degradation caused by agricultural hunting by humans for food, and It is found in humid lowland Atlantic intensification and afforestation are predation by mongooses and other forest. At one of these localities, at Salto contributory factors to the decline of the introduced predators (Raffaele et al. do Pirai, these birds have typically been species (Fjeldsa and Kessler 1996). 1998). seen in forest edge, well-shaded There have been some local successes This subspecies faces threats that are secondary growth, and sections of low, with public awareness campaigns in high and imminent. It therefore receives generally epiphyte-laden open Cuzco, Peru (ibid.). a priority rank of 3. woodland in the vicinity of The ash-breasted tit-tyrant does not Eiao Polynesian warbler (Acrocephalus watercourses (Mazar Barnett et al. [in represent a monotypic genus. The threat caffer aquilonis) press], as cited by BirdLife International to the species is high in magnitude and 2000). It feeds predominantly in the imminent. Therefore, we have assigned The Eiao Polynesian warbler is midstory of medium-sized trees, and it a priority rank of 2. restricted to dry forest on Eiao Island in pairs appear to remain within small the Marquesas Islands. Decker (1973) well-defined areas (ibid.). The Peruvian plantcutter (Phytotoma found that other races of the species Kaempfer’s tody-tyrant is categorized as raimondii) occupy a variety of habitats possessing Endangered in the 2002 IUCN Red List The Peruvian plantcutter inhabits the trees or tall bushes, ranging from because of its extremely small range, coastal region of northern Peru from cultivated areas to dense forests. On with only two recent records in a single Tumbus to Lima (BirdLife International Eiao, by 1960, only scraps of woodland area (IUCN 2002). The population 2000). Recent records are from only four remained, and after many years of estimate is 1,000–2,499 individuals and areas, and it is absent from much grazing by introduced sheep and swine, declining (BirdLife International 2000). apparently suitable habitat (ibid.). It it was described as being a barren desert There has been extensive deforestation occurs in desert scrub, riparian thicket, of rock and orange clay. This warbler in the Atlantic forest, and much of the and low woodland, usually dominated was apparently common in 1922, when lowland forest continues to be cleared by Prosopis trees with some Acacia up the Whitney South Sea Expedition in the vicinity of the two most recent to 550 m (ibid.). The Peruvian collected a number of specimens sightings (BirdLife International 2000). plantcutter is categorized as Endangered (Holyoak 1975, as cited by IUCN 1978– The Kaempfer’s tody-tyrant is protected in the 2002 IUCN Red List because of its 1979). Three more individuals were by Brazilian law and occurs in one extremely small and fragmented range, collected in 2 days in 1929, and it was protected area (ibid.). and because the remaining habitat is still present in small numbers in 1968 This species does not represent a subject to rapid and continuing (ibid.). The population in 1987 was monotypic genus. Threats to the species destruction and degradation (IUCN estimated at 100–200 individuals are high in magnitude and imminent. 2002). The population is estimated at (Thibault, personal communication to We therefore have assigned a priority 250–999 individuals and declining Philippe Raust, Socie´e´te´e´ d’Ornithologie rank of 2 to this species. (BirdLife International 2000). Threats de Polyne´e´sie 2003). Threats include Ash-breasted tit-tyrant (Anairetes include the conversion of coastal river alien invasive mammals and predators alpinus) valleys to cultivation, removal of the and a lack of regeneration of habitat shrub layer by grazing goats, and (ibid.). The ash-breasted tit-tyrant is confined burning and logging for firewood and The Eiao Polynesian warbler is a to semi-humid Polylepis—Gynoxys charcoal (Engblom in litt., as cited by subspecies facing threats that are high in woodlands in the high Andes in Peru BirdLife International 2000). magnitude and imminent. It therefore and Bolivia (BirdLife International The Peruvian plantcutter does not receives a priority rank of 3. 2000). There are two widely disjunct represent a monotypic genus. Threats to Codfish Island fernbird (Bowdleria populations: the subspecies A. a. the species are high in magnitude and punctata wilsoni) alpinus occurs in the Cordilleras Central imminent. Therefore, it receives a and Occidental, Peru, and A. a. priority rank of 2. The Codfish Island fernbird is found bolivianus occurs in the Cordillera only in low scrub habitat on Codfish Oriental, Peru, and in the Cordillera St. Lucia forest thrush (Cichlherminia Island, off the northwest coast of Real, Bolivia (BirdLife International iherminieri sanctaeluciae) Stewart Island, New Zealand (IUCN 2000; Collar et al. 1992; Fjeldsa and The St. Lucia forest thrush is found 1979). The vegetation of Codfish Island Kessler 1996). It is relatively common in on St. Lucia Island in the West Indies has been modified by the introduced the Runtacocha highland, Apurimac, (Raffaele et al. 1998). It mostly inhabits Australian brush-tailed possum

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(Trichosurus vulpecula), and fernbird Medium tree-finch (Camarhynchus range and because the population is numbers have been reduced by pauper) only found in a single area (IUCN 2002). predation by the weka (Gallirallus The medium tree-finch is endemic to The population is estimated at 50–249 australis scotti) and the Polynesian rat Floreana in the Galapagos Islands, individuals and declining (BirdLife (Rattus exulans) (Merton 1974, personal Ecuador (BirdLife International 2000). It International 2000). It is believed that communication, as cited in IUCN 1979). is common in the highlands and extensive deforestation has had an In 1966, this fernbird was considered considered uncommon to rare on the adverse impact on this tanager (ibid.). relatively safe (Blackburn 1967, as cited coast (Harris 1992). It is found in This species is protected by Brazilian in IUCN 1979), but estimates from 1975 montane evergreen and tropical law and its conceivable range may include protected areas (ibid.). The indicated a gradually declining deciduous forest, the Scalesia zone, and population numbering approximately owners of Fazenda Pindobas IV have humid scrub (Stotz et al. 1996). This 100 individuals (Bell 1975, as cited in expressed interest in protecting the poorly known species is considered IUCN 1979). At that time, it was absent remaining native forest on their Vulnerable by the IUCN because it has from parts of Codfish Island that it had property (Venturini, in litt. 2000, as a very small range (IUCN 2002). The formerly occupied (Blackburn 1967, as cited in BirdLife International 2000). population estimate ranges from 1,000 cited in IUCN 1979). Several The cherry-throated tanager does not to 2,499 (BirdLife International 2000). conservation measures have been represent a monotypic genus. It faces Introduced species may be a threat completed on Codfish Island. The weka threats that are high in magnitude and because Floreana Island has a number of was eradicated from Codfish Island imminent, and therefore it receives a introduced predators and herbivores, between 1980 and 1985 (Taylor 2000), priority rank of 2. and Polynesian rats were eradicated including cattle, pigs, cats, dogs, and rats, and also suffers from extensive Black-backed tanager (Tangara from Codfish Island in August 1998 peruviana) (Conservation News 2002). The habitat destruction and degradation fernbirds are now rebounding strongly (Jackson 1985). However, it is not The black-backed tanager is endemic on the island (Hayley Meehan, New known how any of these potential to the coastal Atlantic forest region of Zealand Forest and Birds, personal threats affects the species (BirdLife southeastern Brazil, with records from communication, 2003). International 2000). Population trends Rio de Janeiro, Sao Paolo, Parana, Santa The Codfish Island fernbird is a for this species are also unknown (IUCN Catarina, Rio Grande do Sul, and subspecies that is now facing threats 2002). Predator control is occurring on Espirito Santo (BirdLife International that are low to moderate in magnitude Floreana, Santa Cruz, and Santiago 1992; Argel-de-Oliveira, in litt. 2000, as and imminent. It therefore receives a Islands (H. Vargus and F. Cruz (in litt.) cited in BirdLife International 2000). It priority rank of 9. 2000, as cited in BirdLife International is largely restricted to coastal sand-plain 2000). The Galapagos Islands are a forest and littoral scrub, also called Ghizo white-eye (Zosterops luteirostris) national park and were declared a restinga, and has also been found in The Ghizo white-eye is endemic to World Heritage Site in 1979 (BirdLife secondary forests (BirdLife International Ghizo in the Solomon Islands (BirdLife International 2000). 1992). The black-backed tanager is International 2000). Birds are locally The medium tree-finch does not generally not considered rare within common in the remaining tall or old- represent a monotypic genus. The suitable habitat (BirdLife International growth forests located on Ghizo magnitude of threat to the species is 2000). It has a complex distribution (Buckingham et al. 1995 and Gibbs moderate and immediacy is non- with periodic local fluctuations in 1996, as cited in BirdLife International imminent. We therefore give this numbers owing to seasonal movements, 2000). It is less common in scrub close species a priority rank of 11. at least in Rio de Janeiro and Sao Paolo to large trees and in plantations Cherry-throated tanager (Nemosia (BirdLife International 1992). (BirdLife International 2000), and it is rourei) Clarification of these seasonal not known whether these two habitats movements will provide an improved support sustainable breeding The cherry-throated tanager is understanding of its actual conservation populations (Buckingham et al. 1995, as currently known from Fazenda status (IUCN 2002). Population cited in BirdLife International 2000). Pindobas IV in Espirito Santo, Brazil, estimates range from 2,500 to 10,000 This species is classified as Endangered where small numbers have been individuals (BirdLife International in the 2002 IUCN Red List because of its recorded since 1998 (Bauer et al. 2000). 2000), and it is considered Vulnerable small population that is inferred to be Prior to this time, this species was only by the IUCN. Currently populations declining because of habitat loss (IUCN known from one type specimen, appear to be small and fragmented. The 2002). The population estimate for this collected around the mid-19th Century species is threatened by the rapid and species is 250–999 birds with a at Muriae, Minas Gerais, and from a widespread loss of restinga and decreasing population trend (BirdLife flock of eight individuals seen in the occasionally appears in the illegal cage- International 2000). The very tall old- region of Jatiboca, Espirito Santo, in bird trade (BirdLife International 2000). growth forest on Ghizo is still under 1941 (Collar et al. 1992). The area of The black-backed tanager does not some threat from clearance for timber Espirito Santo is now devoid of forest represent a monotypic genus. The threat for local use, firewood, and gardens, and (BirdLife International 2000). There to the species is low to moderate in the areas of other secondary growth, have been probable sightings at the magnitude, and the threat is non- which are sub-optimal habitats for this Augusto Ruschi (Nova Lombardia) imminent. Therefore, we give this species, are under considerable threat Biological Reserve in 1992 (Scott 1997) species a priority rank of 11. from clearance for agricultural land and Fazenda Pedra Bonita, Minas Gerais (ibid.). (Bauer et al. 2000). It occurs primarily Lord Howe pied currawong (Strepera The Ghizo white-eye does not in the canopy of humid montane forests graculina crissalis) represent a monotypic genus. It faces at elevations of 900–1,100 m (ibid.). The The Lord Howe Island subspecies of threats that are moderate and imminent, cherry-throated tanager is categorized as the pied currawong is endemic to the and therefore receives a priority rank of Critically Endangered in the 2002 IUCN Lord Howe Island group in New South 8. Red List because of its extremely small Wales, Australia. The highest densities

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of nests are located on the slopes of Mt. spanned central and peninsular effective population size of 18 breeding Gower and in the Erskine Valley, with Thailand, central and northern birds and is considered one of the most smaller numbers on the lower land to Cambodia, southern and central Laos, threatened shorebirds in the world the north (Knight 1987, as cited in and southern Viet Nam (King et al. (IUCN 2000). This species suffers from Garnett and Gabriel 2000). This 1975, as cited in N.J. Collar et al. 1994). heavy predation, primarily from subspecies is highly mobile, and The giant ibis is now considered extinct introduced animals such as cats, ferrets individuals can be found anywhere on in Viet Nam and Thailand (BirdLife (Mustelo furo), stoats (M. Erminea), the island as well as on offshore islands, International 2000). It seems always to hedgehogs, brown rats (Rattus such as the Admiralty group (Garnett have been uncommon and local norvegicus), the native Australian and Gabriel 2000). Territories of the throughout its range (del Hoyo et al. harrier (Circus approximans), and kelp pied currawongs include a section of 1992). The giant ibis is a lowland bird, gull (Larus dominicanus) (BirdLife stream or gully that is lined by tall found in both open and forested International 2001). For nesting, the timber (ibid.). They feed on dead rats, wetland habitats (N.J. Collar et al. 1994). black stilt prefers dry banks where both possibly chase and kill live ones, and The giant ibis is categorized as cats and ferrets hunt (Pierce 1986, as have also been recorded taking seabird Critically Endangered by the IUCN cited in Collar et al. 1994). They are chicks, poultry, and the chicks of the (IUCN 2002). In 1997, its population solitary nesters, have a long fledgling Lord Howe woodhen (Tricholimnas was estimated at about 250 birds, but period, and exhibit ineffective anti- sylvestris) and white terns (Gygis alba), this is probably too high and the predator behavior, which all contribute as well as fruits and seeds (Hutton 1991 population is very likely to be fewer to heavy losses from predation (del and McFarland 1994, as cited Garnett than 50 mature individuals (BirdLife Hoyo et al. 1996). Nesting areas have and Gabriel 2000). Local residents International 2000). The loss of also been destroyed by drainage, weed sometimes kill currawongs that have wetlands is probably one of the main growth, and hydroelectric development attacked poultry, woodhens, or terns causes of decline, and the conversion (Collar et al. 1994). There is also (Garnett and Gabriel 2000). However, for agriculture of the central valley of interbreeding with the black-winged the effect of this killing on the overall Chao Phraya is thought to have been stilt (H. himantopus) as the population population is unknown (ibid.). The Lord instrumental in its extirpation from size decreases (del Hoyo et al. 1996). Howe pied currawong is listed as Thailand. The large size of the giant ibis The black stilt has been prevented from Endangered on the schedules of the probably makes it vulnerable to hunting becoming extinct in the wild by the New South Wales Threatened Species (del Hoyo et al. 1992). Currently, the annual release of substantial numbers of Conservation Act (Garnett and Gabriel giant ibis is depicted in public captive-bred birds and through predator 2000) because the subspecies is limited awareness material in Laos and control (BirdLife International 2000). in range, only occurring on Lord Howe Cambodia as part of an ongoing There are a number of conservation Island (New South Wales National Parks campaign to reduce hunting of large efforts under way for the black stilt. and Wildlife Service 2003). In the waterbirds (BirdLife International 2000). Predator control and captive rearing and Action Plan for Australian Birds (2000), The giant ibis does not represent a release began in the early 1980s with the current population is estimated at monotypic genus. The magnitude of mixed success (del Hoyo et al. 1996). approximately 80 mature individuals. threat to the species is high, and the Recent advances in release methods The agency responsible for the immediacy of threat is imminent. We appear to have enhanced the initial conservation of this species is the New therefore give this species a priority survival of released birds from 20–45 to South Wales National Parks and rank of 2. 80–100 percent (Chambers and Wildlife Service. Black stilt (Himantopus MacAvoy 1999, as cited in BirdLife The Lord Howe pied currawong is a novaezelandiae) International 2000). Trapping for subspecies facing threats that are low in predators around all wild nests has been magnitude and non-imminent. The black stilt was formerly ongoing since 1997 (Maloney in litt. Therefore, it receives a priority rank of widespread across New Zealand (del 1999, as cited in BirdLife International 12. Hoyo et al. 1996). Currently, breeding is 2000). Water levels are being restricted to the Upper Waitaki Valley, manipulated in managed wetlands Findings on Species for Which Listing South Island, and small numbers of the where predators are controlled to attract Is Warranted species overwinter on North Island birds to feed and possibly breed We will promptly prepare listing (BirdLife International 2000). It is found (Dowding and Murphy (in press), as proposals for five of the species: The along riverbanks, lake shores, swamps, cited in BirdLife International 2000). giant ibis (Pseudibis gigantean), black and shallow ponds. The black stilt is The black stilt does not represent a stilt (Himantopus novaezelandiae), carnivorous, taking a variety of monotypic genus, but the magnitude of Gurney’s pitta (Pitta gurneyi), Socorro invertebrates and small fish (del Hoyo et threat is high, and the immediacy of mockingbird (Mimodes graysoni), and al. 1996). Most individuals breed for the threat is imminent. We therefore assign caerulean paradise-flycatcher first time at 3 years of age. The species this species a priority rank of 2. (Eutrichomyias rowleyi). typically lays four eggs per clutch and will usually re-nest if the first clutch is Gurney’s pitta (Pitta gurneyi) Giant ibis (Pseudibis gigantea) lost early in the season (BirdLife Historically, Gurney’s pitta was The giant ibis has undergone a International 2000). restricted to the semi-evergreen massive reduction in range and is The total population of black stilts rainforest biome of southernmost currently confined to open deciduous crashed from 1,000 birds or more in Myanmar and southern Thailand. forest in extreme southern Laos and a 1950 to fewer than 100 birds in 1960 Currently it occurs from a single small larger area of northern and eastern (del Hoyo et al. 1996). The current site, Khao Nor Chuchi, in Krabi Cambodia (BirdLife International 2001). population estimate for the black stilt is Province, Thailand (BirdLife It is still fairly widespread but 40 individuals and decreasing (BirdLife International 2001). This species is, and extremely rare, with only a few birds International 2000). It is considered was, always restricted to extreme surviving in southern Laos (BirdLife Critically Endangered by the IUCN lowland semi-evergreen forest, usually International 2000). Its historical range because it has declined recently to an below 160 m, with an understory

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containing Salacca palms, where it Kingdom and United States in the range and because the high number of nests (BirdLife International 2000). A period 1966–1968 and in the early sub-adults found in the 1993–1994 central element of its territories are 1980s to June 1985 (Collar et al. 1986, survey suggests that the number of gully systems where moist conditions as cited in BirdLife International 2001). mature individuals is also very small exist year-round and there is usually In 1986, one major animal trading (IUCN 2002). The population is access to water in small streamlets. company in Bankok maintained that it estimated at 50–249 individuals and Moisture and shade appear to be crucial. still received 5–6 Gurney’s pittas per declining (BirdLife International 2000). Since almost all feeding takes place on year, and an unidentified contact There is no suitable nesting or foraging the forest floor, the understory claimed that as many as 50 birds per habitat remaining in the south of the vegetation, humidity, composition of year were still entering trade in island because of intensive grazing by the leaf litter, and availability of Thailand (Round and Treesucon 1986, sheep (Castellanos and Rodriguez- earthworms appear to be of greatest as cited in BirdLife International 2001). Estella 1993). There is also a possibility, importance in determining the Two male Gurney’s pittas were seen in but no substantial evidence of predation distribution of Gurney’s pitta (Gretton et captivity in the Khao Khieo Open Zoo, by feral cats (Martinez-Gomez and Curry al. 1993, as cited in BirdLife Chonburi, in March 1996 (F. R. Lambert 1996). The Revillagigedo Islands were International 2001). Its diet consists of [in litt.] 1998, as cited in BirdLife declared a Bioshpere Reserve in 1994. snails, worms, slugs, and insects of all International 2001), and three Gurney’s The Socorro mockingbird represents a kinds. pittas were confiscated from local monotypic genus experiencing a high Gurney’s pitta was formerly common villagers at Khao Nor Chuchi and magnitude of threat that is imminent. across much of its range. However, there returned the forest in the period 1990– We therefore give this species a priority have been no records of this species in 1997 (Round and Treesucon 1986, as rank of 1. Myanmar since 1914, and there were no cited in BirdLife International 2001). Caerulean paradise-flycatcher field observations in Thailand between A number of conservation efforts have (Eutrichomyias rowleyi) 1952 and 1986. Since 1986, intensive been initiated for the species. Khao Nor surveys have found individuals in at Chuchi was designated a Non-Hunting The caerulean paradise-flycatcher is least five localities, although at present Area in 1987, and upgraded to a only known from the island of Sangihe, it only remains in one: Khao Nor Wildlife Sanctuary in 1993. The Khao north of Sulawesi, Indonesia (BirdLife Chuchi. In 1986 there were estimates of Nor Chuchi Lowland Forest Project was International 2001). This species is a 44–45 pairs (BirdLife International established in 1990, which entailed sedentary insectivore that occupies 2000). Currently, this species has one of education programs and ecotourism, as primary broadleaf-trophophyllous forest the lowest known populations of any well as engaging the local community in on steep-sided valley slopes and valley bird species in the world, with only 11 participatory management to help bottoms with streams (BirdLife pairs and two spare males counted in a reduce pressure on the remaining forest. International 2000). Until 1998, the survey at Khao Nor Chuchi (Y. Meekaeo This has met with limited success. In caerulean paradise-flycatcher was (in litt.) 2000; P. D. Round in litt. 2000, addition, a series of breeding season thought to be extinct. Currently, the as cited in BirdLife International 2001). censuses were conducted from 1987 to total population is thought to lie It is considered Critically Endangered 1989, to locate and quantify populations between 50 and 100 birds (BirdLife by the IUCN (2000). It was originally in peninsular Thailand (BirdLife International 2001). This flycatcher is listed in Appendix III in Thailand in International 2000). considered Critically Endangered by the July 1987, but was included in Gurney’s pitta does not represent a IUCN because of its tiny range and Appendix I of CITES in January 1990 monotypic genus. However, the population, both of which have (UNEP 2001). magnitude of threat to the species is undergone a major and continuing The primary reason for the decline of high and the immediacy of threat is decline due to habitat loss due to this species has been the almost total imminent. We therefore assign this deforestation and conversion to clearance of lowland forest in southern species a priority rank of 2. agriculture (BirdLife International 2000; Myanmar and peninsular Thailand Socorro mockingbird (Mimodes IUCN 2002). Since 1995, the Action through clear-felling for timber, graysoni) Sampiri project has been conducting unofficial logging and conversion to field work and conservation awareness croplands, fruit orchards, coffee, rubber, The Socorro mockingbird is endemic programs, and developing ideas for and oil-palm plantations (BirdLife to Socorro in the Revillagigedo Islands future land use through agreements International 2000). Hunting is also a in Mexico, where it was the most between interested parties in Sangihe concern for this species. As recently as abundant and widespread landbird in and Talaud. Plans to reclassify April 2000, hunting and trapping 1925 (Jehl and Parkes 1982, 1983). It ‘‘protection forest’’ on Gunung (including terrestrial birds) were still was still considered abundant in 1958, Sahengbalira on Sangihe Island as a being regularly recorded in Khao Pra- but had declined dramatically and was wildlife reserve, with core areas as a Bang Khram Wildlife Sanctuary and the feared to be on the brink of extinction strict reserve, are under development adjacent National Reserve Forest. This by 1978 (BirdLife International 2000). (BirdLife International 2000). problem is exacerbated by the fact that Surveys in 1988–1990 resulted in The caerulean paradise-flycatcher there are few routine patrols so estimates of 50–200 pairs (Castellanos represents a monotypic genus that faces intruders run little risk of being and Rodriguez-Estella 1993). In 1993– a high magnitude of threat that is intercepted (Bird Conservation Society 1994, there were approximately 350 imminent. We therefore assign this of Thailand Bulletin, as cited in BirdLife individuals (Martinez-Gomez and Curry species a priority rank of 1. International 2001). Snare-line trapping 1996). This species is found at for the cage-bird trade is also a serious elevations above 600 m principally in Progress in Revising the Lists threat (BirdLife International 2000). moist dwarf forests and ravines with a As described in section 4(b)(3)(B)(iii) These birds were relatively easy to mixture of shrubs and trees (ibid.). The of the Act, we must also show that we obtain in Bankok from the late 1950s to Socorro mockingbird is categorized as are making expeditious progress to add the early 1970s and were entering trade Critically Endangered in the 2002 IUCN qualified taxa to the Lists of Endangered within Thailand as well as to the United Red List because of its extremely small and Threatened Wildlife and Plants and

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to remove from the lists taxa for which References Cited Castellanos, A., and R. Rodriguez-Estrella. the protections of the Act are no longer Ali, S., and S. D. Ripley. 1968–1998. 1993. Current status of the Socorro necessary. We are making expeditious Handbook of the Birds of India and mockingbird. Wilson Bulletin 105:167–171. progress in listing and delisting taxa as Pakistan. Oxford University Press, Chambers, G. K., and E. S. MacAvoy. 1999. Bombay. Molecular genetic analysis of represented by our publications in the hybridisation. Science for Conservation Federal Register of the following high- Andrade, G. I., and A. Repizzo. 1994. Guanenta-Alto Fonce Fauna and Flora 105. Department of Conservation, priority actions: proposed rule and re- Sanctuary: A new protected area in the Wellington, NZ. opening of comment periods for three Colombia East Andes. Cotinga 2:42–44. Chapman, F. M. 1917. The distribution of African antelopes (scimitar-horned oryx Baker, A. R. 1980. Breeding distribution and BirdLife in Colombia. Bulletin of the [Oryx dammah], addax [Addax population size of the Dark-rumped Petrel American Museum of Natural History 36. nasomaculatus], and dama gazelle Pterodroma phaeopygia at Santa Cruz Collar, N. J., P. D. Round, and D. R. Wells. [Gazella dama)] (68 FR 43706, July 24, Island, Galapagos. Charles Darwin 1986. The past and future of Gurney’s pitta. 2003; 68 FR 66395, November 26, 2003); Research Station Annual Report. 1980:72– Forktail 1:29–51. Collar, N. J., P. Andrew, L. P. Gonzaga, R. F. 12-month petition finding and proposed 74. Bauer, C., J. F. Pacheco, A. C. Venturini, and Grimmett, T. H. Johnson, A. J. Stattersfield, rule for Tibetan antelope (Pantholops B. M. Whitney. 2000. Rediscovery of the and S. N. Stuart. 1988. Birds to Watch: The hodgsonii) (68 FR 57646, October 6, Cherry-throated Tanager Nemosia rourei in ICBP World Checklist of Threatened Birds. 2003); proposed rule to delist the southern Espirito Santo, Brazil. Bird International Council for Bird Preservation scarlet-chested parakeet (Neophema Conservation International 10:97–108. Technical Publication No. 8. Smithsonian splendida) and turquoise parakeet Becker, D., A. Agreda, A. Richter, and O. Institution Press, Washington, DC. (Neophema pulchella) (68 FR 52169, Rodriguez. 2000. Interesting bird records Collar, N.J., L. P. Gonzaga, N. Krabbe, A. September 2, 2003); final rules for the from the Colonche Hills, western Ecuador. Madrono Nieto, L. G. Naranjo, T. A. Parker, population of dugong (Dugong dugon) Cotinga 13:55–58. and D. C. Wege. 1992. Threatened Birds of Benstead, P. 1994. Brazilian Merganser in the Americas: The ICBP/IUCN Red Data in the Republic of Palau (68 FR 70185, Argentina: going, going * * * Cotinga 1:8 Book. International Council for Bird December 17, 2003) and beluga sturgeon Bernardes, A. T., A. B. Machado, and A. B. Preservation, Cambridge, UK. 1,150 pp. (Huso huso) (69 FR 21425, April 21, Raylands. 1990. Fauna brasileiro Collar, N. J., M. J. Crosby, and A. J. 2004); 90-day petition finding to delist amenacada de extincao. Belo Horizonte, Stattersfield. 1994. Birds to Watch 2: The the Mexican bobcat (Lynx rufus Brasil: FundaVao Biodiversitas. World List of Threatened Birds. BirdLife escuinapae) (68 FR 39590, July 2, 2003); Bhushan, B. 1995. Jerdon’s Courser—status Conservation Series 4. BirdLife and a 90-day petition finding and re- and conservation perspectives. Pp. 29–30 International, Cambridge, UK. 405 pp. opening of comment period to list seven in L. Vijayan (ed.). Avian conservation in Conservation News. 2002. Rat eradication India. SACON: Coimbatore. from Little Barrier Island overdue. Online foreign butterfly taxa (Teinopalpus BirdLife International. 2003. BirdLife’s online imperialis, Protographium marcellinus at: http://www.forest-bird.org.nz/ World Bird Database: The site for bird publications/consnews/2002aug.pdf. [previously referred to as Eurytides conservation. Version 2.0. BirdLife Cordier, C. 1971. The quest for the Horned marcellinus], Mimoides lysithous International, Cambridge, UK. Online at: Curassow. Animal Kingdom 74(2):9–11. harrisianus [previously referred to as http://www.BirdLife.net. Crockett, D. E. 1994. Rediscovery of Chatham Eurytides lysithous harrisianus], Parides BirdLife International. 2001. Threatened Island Taiko Pterodoms magentae. ascanius, Parides hahneli, Troides [= Birds of Asia: The BirdLife International Notornis (Supplement) 41:49–60. Ornithoptera] meridionalis, and Red Data Book. BirdLife International, Cruz, J. B., and F. Cruz. 1987. Conservation Pterourus esperanza [previously Cambridge, UK. of the Dark-rumped Petrel Pterodroma BirdLife International. 2000. Threatened phaeopygia of the Galapagos Islands, referred to as Papilio esperanza]) (not birds of the world. Lynx Editions and yet published). As stated above, we will Ecuador. Biological Conservation 42:303– BirdLife International, Barcelona, Spain, 311. promptly prepare listing proposals for and Cambridge, UK. 852 pp. Cruz, J. B., and F. Cruz. 1996. Conservation BirdLife International. 1999. Management five of the species: the giant ibis of the Dark-rumped Petrel Pterodroma statement: Italian Grey Partridge (Perdix (Pseudibis gigantean), black stilt phaeopygia of the Galapagos Islands, perdix italica) final draft. European (Himantopus novaezelandiae), Gurney’s 1982–1991. Bird Conservation pitta (Pitta gurneyi), Socorro Commission. Birds of French Overseas Territories. 2003. International 6:23–32. mockingbird (Mimodes graysoni), and Online at: http://birds-of- Cuervo, A., and P. Salaman. 1999. Natural caerulean paradise-flycatcher oversea.chez.tiscali.fr/page40.html. history of the Blue-billed Curassow (Crax (Eutrichomyias rowleyi). Brazil, M. A. 1991. The Birds of Japan. A. & albert). Biol. CSG 8:3–10. Decker, B. G. 1973. Unique dry-island biota Request for Information C. Black/Christopher Helm, London. Brooks, D. M., and S. D. Strahl (compilers). under official protection in northwestern We request you submit any further 2000. Currassows, Guans and Marquesas Islands (Iles Marquises). information on the taxa named in this Chachalacas. Status Survey and Biological Conservation 5(1):66–67. notice as soon as possible or whenever Conservation Action Plan for Cracids del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). 2000–2004. IUCN/SSC Cracid Specialist 1992. Handbook of the birds of the world. it becomes available. We especially seek Vol. 1. Lynx Edicions, Barcelona. information: (1) Indicating that we Group. IUCN, Gland, Switzerland and Cambridge, UK. vii + 182 pp. del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). should remove a taxon from warranted Brooks, T. M., R. Barnes, L. Bartrina, S. H. 1994. Handbook of the birds of the world. or warranted-but-precluded status; (2) M. Butchart, R. P. Clay, E. Z. Esquivel, N. Vol. 2. Lynx Edicions, Barcelona. indicating that we should add a taxon I. Etcheverry, J. C. Lowen, and J. Vincent. del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). to a list of candidate taxa; (3) 1993. Bird Surveys and Conservation in the 1996. Handbook of the birds of the world. documenting threats to any of the Paraguayan Atlantic Forest: Project Vol. 3. Lynx Edicions, Barcelona. included taxa; (4) describing the CANOPY final report. (Study Report 57) del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). immediacy or magnitude of threats BirdLife International, Cambridge, U K. 1997. Handbook of the birds of the world. facing these taxa; (5) pointing out Buckingham, D. L., G. C. L. Dutson, and J. L. Vol. 4. Lynx Edicions, Barcelona. del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). taxonomic or nomenclatural changes for Newman. 1995. Birds of Manus, Kolombangara and Makira (San Cristobal) 1999. Handbook of the birds of the world. any of the taxa; (6) suggesting with notes on mammals and records from Vol. 5. Lynx Edicions, Barcelona. appropriate common names; or (7) other Solomon Islands. Report of the del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). noting any mistakes, such as errors in Cambridge Solomons Rainforest Project 2001. Handbook of the birds of the world. the indicated historical ranges. 1990. Vol. 6. Lynx Edicions, Barcelona.

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del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). Ornithologists Union (BOU Checklist 15), Lopez-Lanus, B., B., P. G. W. Salaman, T. 2002. Handbook of the birds of the world. Tring, UK. Cowley, L. M. Renjifo and S. Arango. 2000. Vol. 7. Lynx Edicions, Barcelona. King, W. B. 1978–1979. Red Data Book, 2: The threatened birds of the Rio Toche, Department of Conservation. 1997. Review of Aves. Second edition. International Union Cordillera Central, Colombia. Cotinga 14. Takahe management on mainland New for Conservation of Nature and Natural Marchant, S., and P. J. Higgins (Eds). 1993. Zealand. Unpublished working document. Resources, Morges, Switzerland. Handbook of Australian, New Zealand and Dodson, C. H., and A. H. Gentry. 1991. Hahn, P. 1993. Anmerkungen zur Situation Antarctic birds, 1: ratites to ducks. Oxford Biological extinction in western Ecuador. des Hornsittichs Eunymphicus cornutus University Press, Melbourne. Annal of the Missouri Botanical Garden auf Neukaledonien und Ouvea. Papageien Marsden, S. J. 1998. Changes in bird 78:273–295. B 6:189–192. abundance following selective logging on Dowding, J. E., and E. C. Murphy (in press). Hardy, R. 1984. Comunicaciones de la Seram, Indonesia. Conservation Biology The impact of predation by introduced Prodena, no. 6, 23 October. Unpublished 12:605–611. mammals on endemic shorebirds in New newsletter. Martinez-Gomez, J. E., and R. L. Curry. 1996. Zealand: A conservation perspective. Harris, M. P. 1982. A field guide to the birds The conservation of the Socorro Biological Conservation. of the Galapagos. Revised Edition. Collins, Mockingbird Mimodes graysoni in 1993– Estudillo Lopez, J. 1986. Notes on rare London. 1994. Bird Conservation International cracids in the wild and in captivity. World Harrison, M. 1970. The Orange-fronted 6:271–283. Pheasant Association Journal 11:53–66. Parakeet Cyanoramphus malherbi. Mayr, E., and J. C. Greenway (Eds.). 1960. Evva, J. 1998. Etude du Upe (Ducula galeata), Notornis 17:115–125. Check-list of birds of the world, 9. Museum Carpophage endemique de l’Archipel des Hearn, R. 1994. The current status of the of Comparative Zoology, Cambridge, Mass. Marquises (Polynesie Francaise): Status Brazilian Merganser (Mergus octosetaceus) Mazar Barnett, J., G. M. Kirwan, M. Pearman, actuel, facteurs de disparition et mesures in Argentina. IWRB Threatened Waterfowl L. N. Naka and J. A. Tobias (in prep). de conservation. French Polynesia: CIRAD. Research Group Newsletter 5:14–15 Rediscovery and subsequent observations Fjeldsa, J. 1981. Podiceps taczanowskii Hesse, A. 1998. Conservation of the Blue- of the Kaempfer’s Tody-tyrant Hemitriccus (Aves, Podicipedidae), the endemic grebe throated Macaw Ara glaucogularis. kaempferi. Bird Conservation of Lake Junin, Peru: A review. Pp.104–109 in Loro Parque (Ed.). IV International. Steenstrupian 7:237–259. International parrot convention. Puerto de McFarland, D. C. 1994. Notes on the Lord Fjeldsa, J. 1983. A black rail from Junin, la Cruz, Tenerife: Loro Parque. Howe Currowong Strepera graculina central Peru. Steenstrupia 8:277–298. Hilty, S. L., and W. L. Brown. 1986. A guide crissalis. Australian Bird Watcher 15:310– Fjeldsa, J. 1993. Niche segregation of grebes to the birds of Colombia. Princeton 315. and other diving birds of temperate University Press, Princeton, New Jersey. Meyer de Schauensee, R. 1946. A new freshwater habitats, worldwide: do parallel Holyoak, D. T. 1974. Cyanoramphus species of wren from Colombia. Notulae communities evolve? Proceedings of the malherbi, is it a color morph of C. Naturae 182. 7th Nordic ornithological Congress: 33–42. auriceps? Bulletin of the British Mills, J. A., and G. R. Williams. 1980. The Fjeldsa, J., and M. Kessler. 1996. Conserving Ornithologists Club 94:4–9. status of endangered New Zealand birds. In the biological diversity of Polylepis Holyoak, D. T., and J. C. Thibault. 1984. M. J. Tyler (Ed.). The status of endangered woodlands of the highland of Peru and Contribution a l’etude des oiseaux de Australasian wildlife. Royal Zoological Bolivia. Copenhagen: NORDECO. Polynesie orientale. Mem. Mus. Natn. Hist. Society of South Australia, Adelaide. Fjeldsa, J., and N. Krabbe. 1990. Birds of the Serv. A Zool. 127:1–209. Mundkur, T., P. Carr, Sun Hean and Chhim High Andes. Apollo Books, Zoological Holyoak, D. T. 1979. Notes on the birds of Somean. 1995. Annotated checklist of birds Museum, University of Copenhagen and Viti Levu and Taveuni, Fiji. Emu 79:7–18. observed in Cambodia during surveys of 20 Svendborg. Ikehara, S. 1988. Interim report to the bird March–30 April 1994. Unpublished. Forshaw, J. M. 1989. Parrots of the world. survey at Mount Yonaha-dake, northern Negret, A. J., and R. Cavalcanti. 1985. Censo Third (revised) edition. Blandford Press, Okinawa Island. Pp. 63–76 in Habitat and poblacional de duas aves da regiao de London. Environmental Survey on Special Birds III. Brasilia: Scytalopus novacapitalis e Garnett, S. T., and G. B. Crowley. 2000. The Interim report. Naha: Division of Nature Melanopareia torquata (Rhinocryptidae). Action Plan for Australian Birds 2000. Conservation, Okinawa Prefecture. (In Pp. 271 in A. C. Z. Amaral and E. H. M. Environment Australia, Queensland, Japanese.) do Amaral (Eds.). Resumos, XII Congresso Australia. IUCN (World Conservation Union). 1978– Brasileiro de Zoologia. Campinas: Editora Gibbs, D. 1996. Notes on Solomon Island 1979. Red Data Book. Birds, Part 2. da UNICAMP. birds. Bulletin of the British Ornithological Psittaciformes to Passeriformes. Prepared New South Wales National Parks and Club 116:18–25. by the IUCN Species Survival Commission. Wildlife Service. 2003. On line at: http:// Gretton, A., M. Kohler, R. V. Lansdown, T. IUCN, Gland, Switzerland. www.nationalparks.nsw.gov.au/npws.nsf/ J. Pankhurst, J. Parr, and C. Robson. 1993. IUCN (World Conservation Union). 1994. Content/Pied+currawong+vulnerable+ The status of Gurney’s Pitta Pitta gurneyi, IUCN Red List Categories. Prepared by the species+listing. 1987–1989. Bird Conservation IUCN Species Survival Commission. IUCN, O’Donnel, C., and J. Fjeldsa. (compilers). International 3:351–367. Gland, Switzerland. 1997. Grebes—status survey and Heather, B. D., and H. A. Robertson. 1997. IUCN (World Conservation Union). 2002. conservation action plan. IUCN/SSc Grebe The field guide to the birds of New 2002 IUCN Red List of Threatened Species. Specialist Group. IUCN, Gland, Zealand. Oxford University Press, Oxford. Online at: http://www.redlist.org. Switzerland and Cambridge, UK. Vii + 59 Holyoak, D. T. 1975. Les oiseaux des iles Jackson, M. H. 1985. Galapagos: A natural pp. Marquises. L’Oiseau et R.F.O. 45:207–233, history guide. Calgary University Press, Parker, T. A., D. F. Stotz and J. W. 341–366. Calgary, Canada. Fitzpatrick. 1996. Ecological and Hutton, I. 1991. Birds of Lord Howe Island: Jehl, J. R., and K. C. Parkes. 1982. The status distributional databases. Pp. 113–436 in Past and Present. Hutton, Coffs Harbour. of avifauna of the Revillagigedo Islands, Stotz, D. F., J. W. Fitzpatrick, T. A. Parker, Kattan, G. H., and J. W. Beltran. 1997. Mexico. Wilson Bulletin 94:1–19. and D. K. Moskovits (Eds.). Neotropica bird Rediscovery and status of the Brown- Jehl, J. R., and K. C. Parkes. 1983. ecology and conservation: University of banded Antpitta Grallaria milleri in the ‘‘Replacements’’ of landbird species on Chicago Press, Chicago. central Andes of Colombia. Bird Socorro Island, Mexico. Auk 100:551–559. Phillips, R. 1998. Red Data Bird: Black- Conservation International 7:367–371. Jordan, O. C., and C. A. Munn. 1993. First breasted Puffleg Eriocnemis nigrivestis. Kattan, G. H., and J. W. Beltran. 1999. observations of the Blue-throated Macaw in World Birdwatch 20(2):20–21. Altitudinal distribution, habitat use, and Bolivia. Wilson Bulletin 105: 694–695. Pierce, R. J. 1986. Differences in abundance of Grallaria antpittas in the King, B. F., E. C. Dickinson, and M. W. susceptibility to predation during nesting central Andes of Colombia. Bird Woodcock. 1975. A Field guide to the birds between Pied and Black Stilts (Himantopus Conservation International 9:271–281. of Southeast Asia. Collins, London. spp.). Auk 103:273–280. Keith, A. R. 1997. The birds of St. Lucia, West Kinnaird, M. F. 1999. Cockatoos in peril. Pratt, H. D., P. L. Bruner, and D. G. Berrett. Indies: An annotated checklist. British PsittaScene 11(2):11–13. 1987. A field guide to the birds of Hawaii

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and the tropical Pacific. Princeton Brazil: A report on the BOU/wwf Conservation (Threatened Species University Press, Princeton. expedition of 1980/81 and 1981/82. Pp. Occasional Publication 16), Wellington. Raffaele, H., J. Wiley, O. Garrido, A. Keith, 115–139 in Diamond, A. W. and T. E. TerraNature Trust. 2003. Online at: http:// and J. Raffaele. 1998. A Guide to the Birds Lovejoy, (Eds.). Conservation of tropical www.terranature.org/takahe.htm. of the West Indies. Pinceton University forest birds. International Council for Bird Thibault, J.C., and J.Y. Meyer (submitted). Press, Princeton, New Jersey. Preservation (Technical. Publication 4), Contemporary extinction and population Research Center, Wild Bird Society of Japan. Cambridge, U. K. decline of the monarchs (pomarea spp.) in 1993. Survey on special birds. Report to the Seutin, G. 1998. Status of the Utila Island French Polynesia, South Pacific Ocean. Environment Agency of Japan. (In subspecies of the plain Chachalaca (Ortalis [Oryx]. Japanese.) vetula deschauenseei). Bol. CSG 6:10–13. Thibault, J.C., and I. Guyot (Eds.). 1988. Livre Ridgely, R. S., and G. Tudor. 1989. The birds Sherley, Greg (compiler). 2001. Bird rouge des oiseax manaces des regions of South America, 1. University of Texas Conservation Priorities and a Draft francaises d’Outre-Mer. CIPO. 258 pp. Press, Austin. Conservation Strategy for the Pacific Todd, W. E. C., and M. A. Carriker. 1922. The Ripley, S. D., and B. M. Beehler. 1989. Islands region. South Pacific Regional birds of the Santa Marta Region of Systematics, biogeography, and Environment Programme (SPREP), Apia, Colombia: a study in altitudinal conservation of Jerdon’s Courser Samoa. distribution. Ann. Carnegie Mus. 7:388– Rhinoptilus bitorquatus. Journal of Short, L. L. 1982. Habitats, relationships, and 464. Yamashina Institute of Ornithology conservation of Okinawa Woodpecker. 21:165–174. Wilson Bulletin 85(1):4–20. Traylor, M. 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Unwin Round, P. D., and U. Treesucon. 1986. The (Natural History) and Oxford. Brothers, Martins Printing Group, Old rediscovery of Gurney’s Pitta. Forktail Snyder, N., P. McGowan, J. Gilardi, and A. Working, Surrey. 2:53–66. Grajal (eds.). 2000. Parrots. Status Survey Varty, N., J. Adams, P. Espin, and C. Saikia, P., and P. C. Bhattacharjee. 1989. A and Conservation Action Plan 2000–2004. Hambler. 1986. An ornithological survey of preliminary survey of Adjutant Storks in IUCN, Gland, Switzerland, and Cambridge, Lake Tota, Colombia, 1982. International Assam. Asian Wetland News 2(20):14–15. UK. x + 180 pp. Council for Bird Preservation Technical Salaman, P. G. W. 1995. The rediscovery of Stattersfield, A. J., M. J. Crosby, A. J. Long, Reports 12. Cambridge, UK. Tumaco Seedeater Sporophila insulata. and D. C. Wege. 1998. Endemic bird areas Violani, C. G., A. Fedrigo, and R. Massa. Cotina 4:33–35. of the world: Priorities for bird 1988. A reevaluation of the systematic Schmechel, F. A., and S. O’Connor. 1999. conservation. BirdLife International status of the Grey Partridge (Perdix perdix Distribution and abundance of the (BirdLife Conservation Series 7), italica, Hartert). Bulletin of British Chatham Island Oystercatcher Haematopus Cambridge, UK. Ornithology Cl.108:22–27. chathamensis. Notornis 46:155–165. Stiles, F. G., L. Rosselli, and C. I. Bohorquez. Watling, D. 1982. The Birds of Fiji, Tonga Schodde, R., and I. J. Mason. 1999. The 1999. New and noteworthy records of birds and Somoa. Millwood Press, Wellington, Directory of Australian Birds: Passerines. from the middle Magdalena valley of New Zealand. CSIRO, Collingwood, Victoria. Colombia. Bulletin of the British Watling, D. 2000. Conservation status of Schulenberg, T. S., and T. A. Parker. Ornithology Club. Fijian birds. Technical Group 2 Report— (manuscript) Rediscovery of the Yellow- Storch, Ilse (compiler). 2000. Grouse Status Fiji Biodiversity Strategy and Action Plan. browed Toucanet Aulacorhynchus Survey and conservation action Plan 2000– Department of Environment, Suva. huallagae. 2004. WPA/BirdLife/SSC Grouse Specialist Winkler, H., D. A. Christine, and D. Nurney. Schulenberg, T. S., and T. A. Parker. 1997. Group. IUCN, Gland, Switzerland, and 1995. Woodpeckers. Pica Press, Notes on the Yellow-browed Toucanet Cambridge, UK, and the World Pheasant Robertsbridge, UK. Aulacorhynchus huallagae. Ornithological Association, Reading, UK. x + 112 pp. World Parrot Trust. 2003. Online at: http:// Monographs 48:717–720. Stotz, D. F., J. W. Fitzpatrick, T. A. Parker, www.worldparrottrust.org/wpt12/ Scott, D. A. 1997. A possible re-sighting of and D. K. Moskovits. 1996. Neotropical bluethroatmacaw.htm. the Cherry-throated Tanager Nemosia birds: Ecology and conservation. rourei in Espirito Santo, Brazil. Cotinga University of Chicago Press, Chicago. Authority: This notice of review is 7:61–63. Taylor, G. A. 2000. Action plan for seabird published under the authority of the Scott, D. A., and M. de L. Brooke. 1985. The conservation in New Zealand, Part A: Endangered Species Act (16 U.S.C. 1531 et endangered avifauna of southeastern Threatened seabirds. Department of seq.).

TABLE 1.—CANDIDATE REVIEW [R=listing no longer warranted/removed; C=listing warranted but precluded; L=to be listed]

Status Scientific name Family Common name Historic range Category Priority

R ...... N/A Nothoprocta kalinowskii ...... Tinamidae ...... Kalinowski’s tinamou ...... Peru. R ...... N/A Podiceps andinus ...... Podicipedidae ...... Colombian grebe ...... Colombia. C ...... 2 Podiceps taczanowskii ...... Podicipedidae ...... Junin flightless grebe ...... Peru. R ...... N/A Pseudobulweria becki ...... Procellariidae ...... Beck’s petrel ...... Papua New Guinea, Sol- omon Islands. C ...... 5 Pterodroma macgillivrayi .... Procellariidae ...... Fiji petrel ...... Fiji. C ...... 2 Pterodroma axillaris ...... Procellariidae ...... Chatham petrel ...... Chatham Islands, New Zea- land. C ...... 8 Pterodroma cookii ...... Procellariidae ...... Cook’s petrel ...... New Zealand.

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TABLE 1.—CANDIDATE REVIEW—Continued [R=listing no longer warranted/removed; C=listing warranted but precluded; L=to be listed]

Status Scientific name Family Common name Historic range Category Priority

C ...... 2 Pterodroma phaeopygia ..... Procellariidae ...... Galapagos petrel ...... Galapagos Islands, Ecua- dor. C ...... 2 Pterodroma magentae ...... Procellariidae ...... Magenta petrel ...... Chatham Islands, New Zea- land. C ...... 11 Puffinus heinrothi ...... Procellariidae ...... Heinroth’s shearwater ...... Bismarck Archipelago, Papua New Guinea, Sol- omon Islands. C ...... 2 Leptoptilos dubius ...... Ciconiidae ...... Greater adjutant ...... South Asia. L ...... 2 Pseudibis gigantea ...... Threskiornithidae ...... Giant ibis ...... Laos, Cambodia. C ...... 2 Phoenicopterus andinus ..... Phoenicopteridae ...... Andean flamingo ...... Peru, Bolivia, Chile, Argen- tina. C ...... 2 Mergus octosetaceus ...... Anatidae ...... Brazilian merganser ...... Brazil. R ...... N/A Ortalis vetula Craciidae ...... Utila chachalaca ...... Utila Island, Honduras. deschauenseei. C ...... 2 Penelope perspicax ...... Craciidae ...... Cauca guan ...... Colombia. C ...... 8 Pauxi unicornis ...... Craciidae ...... Southern helmeted Bolivia, Peru. curassow. C ...... 2 Crax alberti ...... Craciidae ...... Blue-billed curassow ...... Colombia. C ...... 3 Tetrao urogallus Tetraonidae ...... Cantabrian capercaillie ...... Spain. cantabricus. C ...... 2 Odontophorus strophium .... Odontophoridae ...... Gorgeted wood-quail ...... Colombia. R ...... N/A Perdix perdix italica ...... Phasianidae ...... Italian grey partridge ...... Italy. C ...... 2 Laterallus tuerosi ...... Rallidae ...... Junin rail ...... Peru. R ...... N/A Nesocolpeus poecilopterus Rallidae ...... Bar-winged rail...... Fiji. C ...... 8 Rallus semiplumbeus ...... Rallidae ...... Bogota rail ...... Colombia. C ...... 8 Porphyrio mantelli ...... Rallidae ...... Takahe ...... New Zealand. C ...... 8 Haematopus chathamensis Haematopodidae ...... Chatham oystercatcher ...... Chatham Islands, New Zea- land. L ...... 2 Himantopus Recurvirostridae ...... Black stilt ...... New Zealand. novaezelandiae. C ...... 2 Rhinoptilus bitorquatus ...... Glareolidae ...... Jerdon’s courser ...... India. C ...... 5 Numenius tenuirostris ...... Scolopacidae ...... Slender-billed curlew ...... Russia, Kazakhstan, Ukraine, Bulgaria, Hun- gary, Romania, Yugo- slavia, southern Europe, Greece, Italy, Turkey, Af- rica, Algeria, Morocco, and Tunisia. C ...... 2 Ducula galeata ...... Columbidae ...... Marquesan imperial-pigeon Marquesas Islands. C ...... 2 Cacatua moluccensis ...... Cacatuidae ...... Salmon-crested cockatoo ... South Moluccas, Indonesia. C ...... 5 Cyanoramphus malherbi .... Psittacidae ...... Orange-fronted parakeet .... New Zealand. C ...... 8 Eunymphicus uvaensis ...... Psittacidae ...... Uvea parakeet ...... Uvea, New Caledonia. C ...... 8 Ara glaucogularis ...... Psittacidae ...... Blue-throated macaw ...... Bolivia. C ...... 3 Neomorphus geoffroyi Cuculidae ...... Southeastern rufous-vented Brazil. dulcis. ground cuckoo. R ...... N/A Otus elegans botelensis ..... Strigidae ...... Lanyu scops owl ...... Lanyu Island, Taiwan. R ...... N/A Glaucis hirsuta ...... Trochilidae ...... Hairy hermit ...... Panama, Colombia, Bolivia, Venezuela, the Guianas, and Brazil. C ...... 3 Phaethornis malaris Trochilidae ...... Margaretta’s hermit ...... Brazil. margarettae. C ...... 2 Eriocnemis nigrivestis ...... Trochilidae ...... Black-breasted puffleg ...... Ecuador. C ...... 4 Eulidia yarrellii ...... Trochilidae ...... Chilean woodstar ...... Peru, Chile. C ...... 2 Acestrura berlepschi ...... Trochilidae ...... Esmeraldas woodstar ...... Equador. C ...... 8 Dryocopus galeatus ...... Picidae ...... Helmeted woodpecker ...... Brazil, Paraguay, Argentina. C ...... 7 Sapheopipo noguchii ...... Picidae ...... Okinawa woodpecker ...... Okinawa Island, Japan. C ...... 11 Aulacorhynchus huallagae Ramphastidae ...... Yellow-browed toucanet ..... Peru. C ...... 2 Cinclodes aricomae ...... Furnariidae ...... Royal cinclodes ...... Peru, Bolivia. C ...... 2 Leptasthenura xenothorax Furnariidae ...... White-browed tit spinetail ... Peru. C ...... 2 Formicivora erythronotos .... Thamnophilidae ...... Black-hooded antwren ...... Brazil. C ...... 2 Pyriglena atra ...... Thamnophilidae ...... Fringe-backed fire-eye ...... Brazil. C ...... 2 Grallaria milleri ...... Formicariidae ...... Brown-banded antpitta ...... Colombia. R ...... N/A Merulaxis stresemanni ...... Rhinocryptidae ...... Stresemann’s bristlefront .... Brazil. R ...... N/A Tijuca condita ...... Cotingidae ...... Grey-winged cotinga ...... Brazil. C ...... 8 Scytalopus novacapitalis .... Conopophagidae ...... Brasilia tapaculo ...... Brazil. C ...... 2 Hemitriccus kaempferi ...... Tyrannidae ...... Kaempfer’s tody-tyrant ...... Brazil. C ...... 2 Anairetes alpinus ...... Tyrannidae ...... Ash-breasted tit-tyrant ...... Peru, Bolivia. R ...... N/A Serpophaga araguayae ...... Tyrannidae ...... Bananal tyrannulet ...... Brazil. C ...... 2 Phytotoma raimondii ...... Phytotomidae ...... Peruvian plantcutter ...... Peru.

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TABLE 1.—CANDIDATE REVIEW—Continued [R=listing no longer warranted/removed; C=listing warranted but precluded; L=to be listed]

Status Scientific name Family Common name Historic range Category Priority

L ...... 2 Pitta gurneyi ...... Pittidae ...... Gurney’s pitta ...... Myanmar, Thailand. R ...... N/A Thryothorus nicefori ...... Troglodytidae ...... Niceforo’s wren ...... Colombia. L ...... 1 Mimodes graysoni ...... Mimidae ...... Socorro mockingbird ...... Revillagigedo Islands, Mex- ico. C ...... 3 Cichlherminia iherminieri Turdidae ...... St. Lucia forest thrush ...... St. Lucia Island, West In- sanctaeluciae. dies. R ...... N/A Turdus poliocephalus Turdidae ...... Grey-headed blackbird ...... Norfolk Island, South Pa- poliocephalus. cific R ...... N/A Acrocephalus caffer Sylviidae ...... Moorea reed-warbler ...... Moorea Island (Society Is- longirostris. lands), South Pacific. C ...... 3 Acrocephalus caffer Sylviidae ...... Eiao Polynesian warbler .... Marquesas Islands. aquilonis. C ...... 9 Bowdleria punctata wilsoni Sylviidae ...... Codfish Island fernbird ...... Codfish Island, New Zea- land. R ...... N/A Trichocichla rufa ...... Sylviidae ...... Long-legged thicketbird ...... Fiji. L ...... 1 Eutrichomyias rowleyi ...... Monarchidae ...... Caerulean paradise- Sangihe Island, Sulawesi, flycatcher. Indonesia. R ...... N/A Pomarea mendozae mira ... Monarchidae ...... Ua Pu flycatcher ...... Marquesas Islands, South Pacific. C ...... 8 Zosterops luteirostris ...... Zosteropidae ...... Ghizo white-eye ...... Solomon Islands. R ...... N/A Sporophila insulata ...... Thraupidae ...... Tumaco seedeater ...... Colombia. C ...... 11 Camarhynchus pauper ...... Thraupidae ...... Medium tree-finch ...... Floreana Island, Galapagos Islands. C ...... 2 Nemosia rourei ...... Thraupidae ...... Cherry-throated tanager ..... Brazil. C ...... 11 Tangara peruviana ...... Thraupidae ...... Black-backed tanager ...... Brazil. C ...... 12 Strepera graculina crissalis Cracticidae ...... Lord Howe pied currawong Lord Howe Islands, New South Wales.

Dated: May 7, 2004. Marshall Jones, Deputy Director, Fish and Wildlife Service. [FR Doc. 04–11374 Filed 5–20–04; 8:45 am] BILLING CODE 4310–55–P

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Part III

Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Part 31 Federal Acquisition Regulation; Gains and Losses; Proposed Rule

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DEPARTMENT OF DEFENSE Federal Register at 66 FR 16186, March This is not a significant regulatory 23, 2001). Public meetings were held on action and, therefore, was not subject to GENERAL SERVICES April 19, 2001, May 10 and 11, 2001, review under Section 6(b) of Executive ADMINISTRATION and June 12, 2001. Attendees at the Order 12866, Regulatory Planning and public meetings included Review, dated September 30, 1993. This NATIONAL AERONAUTICS AND representatives from industry, rule is not a major rule under 5 U.S.C. SPACE ADMINISTRATION Government, and other interested 804. parties who provided views on potential In response to the proposed FAR rule 48 CFR Part 31 areas for revision in FAR Part 31. The published under FAR case 2002–008 in the Federal Register at 68 FR 40466, [FAR Case 2004–005] Ad Hoc Committee reviewed the cost principles and procedures and the input July 7, 2003, three respondents RIN 9000–AJ93 obtained during the public meetings; submitted comments on FAR 31.205–16. identified potential changes to the FAR; The Councils considered all comments Federal Acquisition Regulation; Gains and submitted several reports, including and concluded that, since the changes and Losses draft proposed rules for consideration result in a rule that differs significantly AGENCIES: Department of Defense (DoD), by the Councils. from the proposed rule, it should be General Services Administration (GSA), The Councils reviewed the reports published as a proposed rule under a and National Aeronautics and Space related to FAR 31.205–16, Gains and new FAR case 2004–005. Differences Administration (NASA). losses on disposition or impairment of between the proposed rule under FAR depreciable property or other capital case 2002–008 and this proposed rule ACTION: Proposed rule. assets; FAR 31.205–24, Maintenance are discussed in Comments 2 and 4 SUMMARY: The Civilian Agency and repair costs; and FAR 31.205–26, below. Material costs. On July 7, 2003, a Acquisition Council and the Defense Public Comments: Acquisition Regulations Council proposed rule was published for public (Councils) are proposing to amend the comment in the Federal Register at 68 FAR 31.205–16(b) Federal Acquisition Regulation (FAR) FR 40466 under FAR case 2002–008. 1. Comment: Two respondents believe by revising the cost principle regarding The Councils, with input from the Ad that paragraph (b) of the proposed rule gains and losses on disposition or Hoc Committee, reviewed the public is unnecessary, not reflective of the impairment of depreciable property or comments and concluded that the reality of the business decisions, other capital assets. proposed rule relating to FAR 31.205–24 potentially inequitable and not in the and FAR 31.205–26 should be converted DATES: Interested parties should submit interest of either the Government or the to a final rule, with minor changes to comments in writing on or before July contractor. One of these respondents the proposed rule; the final rule is being 20, 2004, to be considered in the also believes that the proposed rule will published under a separate Federal formulation of a final rule. place a recordkeeping and Register notice (FAR case 2002–008). As ADDRESSES: Submit written comments reconciliation burden on the contractor a result of the public comments that is onerous, complicated, and likely to— General Services Administration, received, the Councils also decided to FAR Secretariat (MVA), 1800 F Street, to delay contract closings. make substantive changes to the FAR Councils’ response: Nonconcur. The NW., Room 4035, ATTN: Laurie Duarte, 31.205–16 cost principle and to publish Washington, DC 20405. Submit Councils continue to believe that the the proposed revisions as a proposed cost principle should explicitly address electronic comments via the Internet rule in this Federal Register notice to— www.regulations.gov or sale and leaseback arrangements. The under the new FAR case 2004–005. Councils believe that specifying the farcase.2004–[email protected]. The Councils are recommending Please submit comments only and cite disposition date will eliminate potential several changes to the proposed rule for disagreements regarding whether the FAR case 2004–005 in all FAR 31.205–16. In particular, the correspondence related to this case. disposition date should be the date of Councils are recommending that the the sale and leaseback arrangement or FOR FURTHER INFORMATION CONTACT: The date of disposition for a sale and the date the contractor is no longer FAR Secretariat at (202) 501–4755 for leaseback arrangement be revised. The leasing the asset. This position is also information pertaining to status or Councils had initially recommended use consistent with the input obtained publication schedules. For clarification of the later disposition date. However, during the public meetings in Spring of content, contact Mr. Edward Loeb, in consideration of the public 2001. Policy Advisor, at (202) 501–0650. comments, which articulated a myriad Please cite FAR case 2004–005. of potential issues and problems that FAR 31.205–16(b)(2) SUPPLEMENTARY INFORMATION: could result from the use of the later 2. Comment: Two respondents state disposition date, the Councils have that the extension of the disposition A. Background revised the proposed rule to state that date beyond the common language use The DoD Director of Defense the disposition date is the date of the of the term disposition is inequitable Procurement and Acquisition Policy sale and leaseback arrangement, rather because: (1) the Government would (DPAP) established a special than at the end of the lease term. The recoup gains from a contractor who does interagency Ad Hoc Committee to Councils believe this is a more practical not obtain a gain, and (2) the perform a comprehensive review of approach that will reduce record- Government would be entitled to a gain policies and procedures in FAR Part 31, keeping and the potential for future of less than the amount of the gain Contract Cost Principles and disputes. actually realized by the contractor. Procedures, relating to cost Interested parties are requested to These respondents further believe that measurement, assignment, and provide input on the revised disposition this revision would encourage a allocation. DPAP announced a series of date, based on the assumption that the contractor to make business decisions public meetings in the Federal Register FAR will specify a disposition date and that are not mutually beneficial to either at 66 FR 13712, March 7, 2001 (with a will continue to limit future lease costs party. They believe this revision may ‘‘correction to notice’’ published in the to the costs of ownership. encourage contractors to expend

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additional allowable costs to relocate to they retained title. The basic tenet that therefore revised the language in a non-formerly owned facility in order underlies this provision is that a paragraph (c), and added a new to recoup their full expenditure for contractor should not benefit for paragraph (d) to eliminate this concern. leasing. These respondents also assert entering into a sale and leaseback The language on the limitation is now that it is not always clear when a arrangement. The Councils believe this contained in paragraph (d), which contractor has finally vacated a facility. basic tenet continues to be appropriate. applies to all asset dispositions, They ask how long a contractor must It is important to note that a sale and including sale and leaseback vacate a property to avoid application of leaseback arrangement is a voluntary arrangements. the sale/leaseback provisions. One of financing mechanism entered into by C. Regulatory Flexibility Act the respondents also believes that the contractor. The Councils do not contractor access to the records of the believe the contractor should be entitled The Councils do not expect this buyer could also be a problem because to recover additional monies simply proposed rule to have a significant the provision requires knowledge of the because of a paper transaction that economic impact on a substantial ultimate sales price, data the contractor provides no significant benefit to the number of small entities within the may not have access to. Government. meaning of the Regulatory Flexibility One respondent further asserts that FAR 31.205–16(c) and (d) Act, 5 U.S.C. 601, et seq., because most the disposition of an asset involves a contracts awarded to small entities use business decision while the leasing of 4. Comment: A third respondent simplified acquisition procedures or are the asset generally involves a separate proposed that the language at paragraph awarded on a competitive, fixed-price business decision. If the asset disposed (b) be withdrawn. If the proposed basis, and do not require application of of requires replacement, that action can language is not withdrawn, the the cost principles and procedures be accomplished in a number of ways. respondent recommends that it be discussed in this rule. For FY2003, only The calculation of the gain or loss on republished as a proposed rule and 2.4% of all contract actions were cost the disposition should not be impacted address the following three fundamental contracts awarded to small business. An by whether the contractor intends to issues: Initial Regulatory Flexibility Analysis continue to use the asset under a a. Why is it equitable for any gain or has, therefore, not been performed. We different financial model. loss to be recognized in connection with invite comments from small businesses Councils’ response: Partially concur. the sale-leaseback transaction? and other interested parties. The The Councils had recommended use of b. What reason is there that the gain Councils will consider comments from the later disposition date. However, in or loss cannot be recognized at the time small entities concerning the affected consideration of the myriad of potential of the transaction, perhaps with an FAR part in accordance with 5 U.S.C. issues and problems that could result appropriate adjustment if the sales price 610. Interested parties must submit such from the use of the later disposition and the subsequent rental cost are both comments separately and should cite 5 date, the Councils concur with the below market? U.S.C. 601, et seq. (FAR case 2004–005), c. In any event, what justification is recommendation that paragraph (b)(2) of in correspondence. FAR 31.205–16 be revised to state that there for not limiting the amount of gain the disposition date is the date of the to be recognized by the amount of D. Paperwork Reduction Act sale and leaseback arrangement, rather depreciation taken? The Paperwork Reduction Act does than at the end of the lease term. This Councils’ response: Partially concur. not apply because the proposed changes is a more practical approach that will The Councils agree that the proposed to the FAR do not impose information reduce recordkeeping and the potential language should be republished as a collection requirements that require the for future disputes. second proposed rule. approval of the Office of Management In response to comment 4a, the 3. Comment: Two respondents believe and Budget under 44 U.S.C. 3501, et Councils believe that a gain or loss the contractor should recognize the gain seq. or loss on a sale and leaseback should be recognized when an asset is transaction immediately upon execution disposed of, regardless of whether that List of Subjects in 48 CFR Part 31 of the change in control. These disposition relates to a sale and Government procurement. respondents believe that in exchange for leaseback arrangement or some other sharing the gain, the contractor should method used by the contractor to Dated: May 13, 2004. be permitted to recover as an allowable dispose of the asset. The recognition of Laura Auletta, cost the reasonable lease payments on a gain or loss is a necessary adjustment Director, Acquisition Policy Division. the replacement facility, regardless of because depreciation is an estimate of Therefore, DoD, GSA, and NASA whether the replacement facility was the usefulness of an asset. When the propose amending 48 CFR part 31 as set previously owned or not. One of the asset is disposed of, an adjustment is forth below: respondents also states that this required to reflect the difference approach would permit timely between the actual and estimated PART 31—CONTRACT COST settlement of the costs in question and usefulness of the asset. PRINCIPLES AND PROCEDURES The Councils agree with the result in equity to both the contractor 1. The authority citation for 48 CFR respondent’s assertion that the proposed and the Government. part 31 is revised to read as follows: Councils’ response. Nonconcur. The language could have been interpreted to Councils disagree with the respondents entitle the Government to recover more Authority: 40 U.S.C. 121(c); 10 U.S.C. recommendation to permit the than the amount of depreciation that has chapter 137; and 42 U.S.C. 2473(c). contractor to recover the lease payments been taken. This was not the intent of 2. Amend section 31.205–16 by— that result from the sale and leaseback the proposed language. Paragraph (b) a. Revising paragraph (a); arrangement. The allowable lease costs includes the statement b. Redesignating paragraphs relating to a sale and leaseback ‘‘Notwithstanding the language in (b),(c),(d),(e),(f), and (g), as arrangement have long been limited in paragraph (c) of this subsection....’’ (c),(e),(f),(g),(h), and (i); and the cost principles to what the Paragraph (c) is currently where the c. Adding new paragraphs (b) and (d). contractor would have received had limitation exists. The Councils have The revised text reads as follows:

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31.205–16 Gains and losses on recognized for contract costing purposes (1) Processes the gains and losses disposition or impairment of depreciable to the difference between the through the depreciation reserve property or other capital assets. acquisition cost (or for assets acquired account and reflects them in the (a) The Government and the under a capital lease, the value at which depreciation allowable under 31.205– contractor shall include gains and losses the leased asset is capitalized) of the 11; or from the sale, retirement, or other asset and its undepreciated balance (2) Exchanges the property as part of disposition (but see 31.205–19) of (except see paragraph(e)(2)(i) or (ii) of the purchase price of a similar item, and depreciable property in the year in this subsection). which they occur as credits or charges (e) Special considerations apply to an takes into consideration the gain or loss to the cost grouping(s) in which the involuntary conversion which occurs in the depreciation cost basis of the new depreciation or amortization applicable when a contractor’s property is item. to those assets was included (but see destroyed by events over which the (g) The Government and the paragraph (e) of this subsection). owner has no control, such as fire, contractor shall consider gains and However, no gain or loss is recognized windstorm, flood, accident, theft, etc., losses arising from mass or as a result of the transfer of assets in a and an insurance award is recovered. extraordinary sales, retirements, or other business combination (see 31.205–52). The following govern involuntary disposition other than through business (b) Notwithstanding the provisions in conversions: combinations on a case-by-case basis. paragraph (c) of this subsection, when (1) When there is a cash award and costs of depreciable property are subject the converted asset is not replaced, the (h) Gains and losses of any nature to the sale and leaseback limitations in Government and the contractor shall arising from the sale or exchange of 31.205–11(i)(1) or 31.205–36(b)(2)— recognize the gain or loss in the period capital assets other than depreciable (1) The gain or loss is the difference of disposition. The gain recognized for property shall be excluded in between the fair market value on the contract costing purposes is limited to computing contract costs. disposition date and the undepreciated the difference between the acquisition (i) With respect to long-lived tangible balance at the time of disposition; and cost of the asset and its undepreciated and identifiable intangible assets held (2) The disposition date is the date of balance. for use, no loss is allowed for a write- the sale and leaseback arrangement. (2) When the converted asset is down from carrying value to fair value (c) The Government and the replaced, the contractor shall either— as a result of impairments caused by contractor consider gains and losses on (i) Adjust the depreciable basis of the events or changes in circumstances (e.g., disposition of tangible capital assets new asset by the amount of the total environmental damage, idle facilities including those acquired under capital realized gain or loss; or arising from a declining business base, leases (see 31.205–11(i)) as adjustments (ii) Recognize the gain or loss in the etc.). If depreciable property or other of depreciation costs previously period of disposition, in which case the capital assets have been written down recognized. The gain or loss for each Government shall participate to the asset disposed of is the difference same extent as outlined in paragraph from carrying value to fair value due to between the net amount realized, (e)(1) of this subsection. impairments, gains or losses upon including insurance proceeds from (f) The Government and the contractor disposition shall be the amounts that involuntary conversions, and its shall not recognize gains or losses on would have been allowed had the assets undepreciated balance. the disposition of depreciable property not been written down. (d) The Government and the as a separate charge or credit when the [FR Doc. 04–11458 Filed 5–20–04; 8:45 am] contractor shall limit the gain contractor— BILLING CODE 6820–EP–S

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Part IV

Department of Transportation Federal Motor Carrier Safety Administration

49 CFR Part 380 Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators; Final Rule

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DEPARTMENT OF TRANSPORTATION commercial motor vehicles.’’ In named the Professional Truck Driver preparing the study, the agency had to Institute of America, the group changed Federal Motor Carrier Safety solicit the views of interested persons. its name in 1998 to reflect the addition Administration The agency was also required by sec. of Canada to the organization. The 4007(a)(2) to ‘‘commence a rulemaking Model Curriculum is the base from 49 CFR Part 380 proceeding on the need to require which the PTDI’s certification criteria [Docket No. FMCSA–1997–2199] training of all entry-level drivers of were derived. The PTDI, in mid-1988, commercial motor vehicles’’ and began certifying truck-driver training RIN 2126–AA09 establish Federal minimum training programs across the country. As of requirements. This legislation built on February 2003, approximately 64 Minimum Training Requirements for the prior authorities of the Federal schools in 27 States and Canada have Entry-Level Commercial Motor Vehicle Highway Administration (FHWA) (the received the PTDI certification. Operators predecessor agency to FMCSA). Although many schools have a number AGENCY: Federal Motor Carrier Safety The enactment of ISTEA occurred in of truck driving courses, most have only Administration, DOT. December 1991. This sec. 4007 one course certified by PTDI. rulemaking began before the agency had ACTION: Final rule. The Commercial Motor Vehicle Safety implemented the CDL regulations fully. Act of 1986 (CMVSA) (49 U.S.C. 31301 SUMMARY: The Federal Motor Carrier The principal regulation of the CDL et seq.), although not directly targeted at Safety Administration (FMCSA) program did not become effective until driver training, was intended to improve establishes standards for mandatory April 1992, when CMV drivers could highway safety. Its goal was to ensure training requirements on four specific not operate CMVs without first having that drivers of large trucks and buses topics for entry-level operators of taken and passed written and driving possess the knowledge and skills commercial motor vehicles (CMVs), tests and have the State issue the CDL. necessary to safely operate those who are required to hold or obtain a When Congress mandated entry-level vehicles on public highways. The commercial driver’s license (CDL). This driver training the full impact of the CMVSA established the CDL program action responds to a study mandated by CDL program on motor carrier safety and directed the FHWA to establish the Intermodal Surface Transportation was not known. FMCSA has had twelve minimum Federal standards, which Efficiency Act of 1991 that found the years of experience with testing and States must meet when licensing CMV private sector training of entry-level licensing CMV drivers. FMCSA now drivers. The CMVSA applies to virtually drivers in the heavy truck, motorcoach, knows the CDL program improved the anyone who operates a CMV in and school bus industries was quality of CMV drivers. Given the interstate or intrastate commerce, inadequate. The purpose of this rule is impact of the CDL program over the last including employees of Federal, State, to enhance the safety of CMV operations 12 years, FMCSA has taken a basic and local governments. As defined by on our nation’s highways. approach in this rulemaking to improve the implementing regulation (49 CFR safety. 383.5), a CMV is a motor vehicle or DATES: Effective Date: The effective date In the early 1980’s, FHWA combination of motor vehicles used in is July 20, 2004, except for § 380.500, determined that a need existed for commerce to transport passengers or which is effective from July 20, 2004, technical guidance in the area of truck property if the vehicle meets one or through June 30, 2005. driver training. Research at that time more of the following criteria: FOR FURTHER INFORMATION CONTACT: Mr. had shown that many driver-training Ronald Finn, CDL Team, Office of schools offered little or no structured (a) Has a gross combination weight Safety Programs (MC–ESS), (202) 366– curricula or uniform training programs rating (GCWR) of 11,794 or more 0647, Federal Motor Carrier Safety for any type of CMV. kilograms (26,001 or more pounds) Administration, 400 Seventh Street, To help correct this problem, the inclusive of a towed unit with a gross SW., Washington, DC 20590. agency developed, and in 1985 issued, vehicle weight rating (GVWR) of more SUPPLEMENTARY INFORMATION: the ‘‘Model Curriculum for Training than 4,536 kilograms (10,000 pounds). Tractor-Trailer Drivers’’ (1985, GPO (b) Has a GVWR of 11,794 or more Table of Contents Stock No. 050–001–00293–1), which kilograms (26,001 or more pounds). Background incorporated the agency’s ‘‘Proposed (c) Is designed to transport 16 or more Advance Notice of Proposed Rulemaking Minimum Standards for Training passengers, including the driver. Adequacy of Commercial Motor Vehicle Tractor Trailer Drivers’’ (1984). The (d) Is of any size and is used in the Driver Training Model Curriculum, as it is known in the transportation of hazardous materials as Driver Safety Initiatives industry, is a broad set of defined in 49 CFR 383.5. Summary of NPRM Provisions recommendations that incorporates In accordance with the CMVSA, all Discussion of Comments to the NPRM drivers of CMVs must possess a valid Comments on Specific Issues in Proposed standardized minimum core curriculum Rules guidelines and training materials, as CDL in order to be properly qualified to Rulemaking Analyses and Notices well as guidelines pertaining to operate the vehicle(s) they drive. In Regulatory Text vehicles, facilities, instructor hiring addition to passing the CDL knowledge practices, graduation requirements, and and skills tests required for the basic Background student placement. Curriculum content vehicle group, all persons who operate Section 4007(a)(1) of the Motor includes the following areas: Basic or expect to operate any of the following Carrier Act of 1991 (Title IV of the operation, safe operating practices, vehicles, which have special handling Intermodal Surface Transportation advanced operating practices, vehicle characteristics, must obtain Efficiency Act of 1991 (ISTEA), Pub. L. maintenance, and non-vehicle activities. endorsements under 49 CFR 383.93: 102–240, 105 Stat. 1914, 2151) directed The Professional Truck Driver (a) Double/triple trailers. the U.S. Department of Transportation Institute (PTDI) was created in 1986 by (b) Passenger vehicles. to study ‘‘the effectiveness of the efforts the motor carrier industry to certify (c) Tank vehicles. of the private sector to ensure adequate training programs offered by truck (d) Vehicles transporting hazardous training of entry-level drivers of driver training schools. Originally materials as defined in 49 CFR 383.5.

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For all endorsements, the driver is In the ANPRM, the agency asked 13 components to determine whether required to pass a knowledge test. The questions, which addressed training testing modifications are necessary. The driver must also pass a skills test to adequacy standards, curriculum agency plans to coordinate with the obtain a passenger endorsement. requirements, the CDL, the definition of Driver License and Control Committee The CDL standards do not require the ‘‘entry-level driver,’’ and training, pass of the American Association of Motor comprehensive driver training proposed rates and costs. Vehicle Administrators to determine if in the Model Curriculum because the The agency received 104 comments to the required skill tests can be given in CDL is a licensing standard as opposed the ANPRM. There was no consensus a more efficient and less costly manner. to a training standard. Accordingly, among the commenters on the issue of Section 4019 of TEA–21 also required there are no prerequisite Federal or mandated entry-level driver training. the agency to identify the costs and State training requirements to obtain a The heavy truck and bus industries benefits of a graduated licensing system. CDL. were against mandated training; the The agency published a notice in the The agency also completed two International Brotherhood of Teamsters Federal Register on February 25, 2003, projects that contributed to an enhanced was in favor. When the agency asking for public comment on whether understanding of driver training. published a notice on April 25, 1996, a graduated licensing system for CMV Although they were not specifically reopening the docket (61 FR 18355), it operators is a workable concept (68 FR designed to address one type of driver received 48 additional comments on a 8798). The agency plans to use this training versus another or to address training adequacy study and cost-benefit information to help determine the costs specific items that would be included in analysis. On November 13, 1996, the and benefits of a graduated CDL. a minimum training standard, they do agency held a public meeting at the The agency published an interim final provide perspective on the importance Department of Transportation rule in the Federal Register on May 13, of driver training and the need for headquarters in Washington, DC, to 2002 (67 FR 31978), establishing a minimum training requirements. The discuss mandatory training for entry- process to ensure that new entrant first project took place in December level CMV drivers. There were 26 motor carriers are knowledgeable about 1994 and involved focus groups to persons who participated at the public applicable Federal Motor Carrier Safety obtain information about highway safety meeting. Regulations (FMCSRs). Many new issues relating to commercial motor A detailed analysis of the questions in entrant motor carriers are entry-level carriers. The second project was the the ANPRM and comments received by driver owner-operators. The rule 1995 National Truck and Bus Safety the agency appeared in the Notice of requires a safety audit to educate the Summit. A copy of the ‘‘1995 Truck and Proposed Rulemaking (NPRM) motor carrier on compliance with the Bus Safety Summit, Report of published in the Federal Register on FMCSRs and Hazardous Materials Proceedings’’ is in the public docket. Friday, August 15, 2003 (68 FR 48863). Regulations, and identify areas where the motor carrier may be deficient in Advance Notice of Proposed Adequacy of Commercial Motor Vehicle terms of compliance. The safety audit Rulemaking Driver Training examines selected motor carrier records Pursuant to section 4007(a)(2) of Concurrent with the development of and assesses the adequacy of the new ISTEA, the agency began a rulemaking the ANPRM, the agency conducted a entrant’s basic safety management proceeding on the need to require study completed in 1995, as required by controls. Areas covered include training of all entry-level CMV drivers. section 4007(a)(1) of the ISTEA, on the qualification of drivers and hours of On June 21, 1993, the agency published effectiveness of private sector efforts to service of driver requirements for in the Federal Register an advance train entry-level CMV drivers. The employers. The agency intends to notice of proposed rulemaking agency limited the study to drivers in improve the safety performance of new (ANPRM) (58 FR 33874). the heavy truck (26,001 or more entrants by providing educational and The ANPRM stated ‘‘Although transit pounds), motorcoach, and school bus technical assistance to new motor buses (designed to transport 16 or more industries. A copy of the study carriers as they begin their new passengers) also meet the definition of ‘‘Adequacy of Commercial Motor business. This new entrant process will a CMV, they will not be considered Vehicle Driver Training’’ is in docket include the verification of training for because these vehicles are almost all FMCSA–1997–2199. The findings are entry-level drivers in today’s final rule: operated by municipalities or other summarized in the NPRM, and (1) Driver qualification requirements; (2) public agencies. Because the ISTEA indicated that neither the heavy truck, hours of service of drivers; (3) driver specifies that the FHWA [Federal motorcoach, nor school bus segments of wellness; and (4) whistleblower Highway Administration] report on the the CMV industry were providing protection. effectiveness of ‘private sector efforts’ to adequate entry-level driver training. Finally, the Motor Carrier Safety ensure adequate training of CMV Assistance Program (MCSAP) is a drivers, we believe Congress intended to Driver Safety Initiatives Federal grant program that provides exclude training of transit bus drivers This final rule is part of an overall financial assistance to States, the from this rulemaking.’’ In addition, the FMCSA effort to improve its driver District of Columbia, and eligible ANPRM explained that ‘‘Although the safety programs. These include territories to conduct roadside definition of a CMV in the Motor Carrier improvements to the CDL tests and a inspections and other enforcement Safety Act of 1984 included a weight study on graduated licensing. Section activities designed to improve CMV threshold of 10,001 pounds or more (49 4019 of the Transportation Equity Act safety. The goal of the MCSAP is to CFR 390.5), the FHWA believes any for the 21st Century (Pub. L. 105–178; reduce the number and severity of potential CMV training standard should June 9, 1998) (TEA–21) requires the crashes and hazardous materials be considered an additional CDL agency to determine whether the current incidents involving CMVs through requirement and thus subject to the system of CDL testing is an accurate uniform, consistent, and effective safety higher jurisdictional threshold of that measure of an applicant’s knowledge programs. Investing grant funds in program.’’ The CDL program’s higher and skill needed to operate a CMV. appropriate safety programs increases jurisdictional thresholds were discussed More specifically, the agency is the likelihood that CMV safety defects, above. examining the various CDL skill test driver deficiencies, and unsafe motor

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carrier practices will be detected and Safety Act of 1984. Third, the agency State), the Commercial Vehicle Training corrected before they become narrowed the NPRM to those training Association (CVTA), American Bus contributing factors to crashes. Since topics that extend beyond the scope of Association (ABA), the Commercial 1984, the MCSAP has provided an the CDL test. Vehicle Safety Alliance (CVSA), and the effective forum for FMCSA and States to The NPRM thus addressed: (1) Driver International Brotherhood of Teamsters work cooperatively to improve motor medical qualification and drug and (IBT) make similar statements. CVTA carrier, CMV, and driver safety. Even alcohol testing, (2) driver hours of states that it ‘‘believes that the Proposed though roadside inspections remain the service rules, (3) driver wellness, and (4) Rules represent a first step in primary activity under the program, the whistleblower protection. The agency recognizing the need for formal training States also perform a variety of other believed that training in these four areas for entry-level drivers.’’ The ABA states, enforcement activities including would serve to set a floor of safety for ‘‘we believe that minimum training compliance reviews of motor carrier entry-level CMV drivers, and at the requirements for entry-level drivers are operations. The compliance review same time represent a reasonable cost long overdue.’’ The CVSA states, ‘‘We provides the agency with an additional investment for drivers or employers to would like to first acknowledge the opportunity to verify motor carrier implement. The NPRM did not specify agency’s continued commitment to compliance with driver entry-level a required number of hours for the safety—and the fact that training is a training requirements. training, but the agency’s cost- critical component. The commercial This final rule represents FMCSA’s effectiveness estimate was premised on vehicle industry indeed is a profession. most recent action to improve driver 10.5 hours of training for heavy truck Highly skilled workers are required, safety. It establishes minimum training and motorcoach drivers and 4.5 hours of both in industry and enforcement. Thus, standards by requiring entry-level training for school bus drivers. The we support this rulemaking because we drivers to receive training in driver NPRM proposed only two training believe it will save lives.’’ The IBT qualification requirements, hours of topics for school bus drivers: driver states, ‘‘most motor carrier employers do service of drivers, driver wellness, and wellness and whistleblower protection. not provide their entry-level drivers whistleblower protection. These The NPRM included a specific adequate training or instruction. The training areas are not covered by the discussion of what would be covered in IBT thus supports FMCSA’s efforts to CDL tests. Each of these areas focuses on each of the four areas of this training. correct this problem.’’ the CMV driver, who the agency The NPRM proposed that the Several commenters endorse the believes is key to promoting safety on employer would have to maintain proposal to require training in the four our nation’s highways. FMCSA believes evidence of the instruction for review by prescribed areas. CSS endorsed rules that training in these four areas will an FMCSA official seeking to verify that that mandatory training in (1) driver serve to set a floor of safety for entry- the training requirement had been met. qualifications; (2) driver hours of service level drivers. Informal, unverifiable, or rules; (3) driver wellness; and (4) undocumented communication between whistleblower protection are important Summary of NPRM Provisions the entry-level driver and his or her additions covering areas not treated by For purposes of the NPRM, FMCSA employer would not be acceptable. A CDL testing. AMSA, McLane, and Tri- defined an entry-level driver as a person training certificate that a driver had State state that they or their members with less than two years experience received the training would be already include some or all of these operating a CMV that required a CDL. maintained in the driver’s personnel topics in their training. However, drivers with one-year file. Employers would have had to In addition to providing general experience operating such a CMV, who ensure that currently employed entry- support, most of these commenters have a good driving record, would be level drivers, who did not qualify for provide comments and suggestions on grandfathered and therefore would not grandfathering, receive the required specific provisions in the proposed rule, have to take the proposed training. The training no later than 90 days after the which are described below. proposal did not specify what a good regulations go into effect. driving record would look like. The Proposal Is Too Burdensome In the NPRM, the agency proposed Discussion of Comments to the NPRM Central Tech states that, except for training for entry-level drivers based on The FMCSA received 38 written whistleblower protection, most good three main principles. First, the agency comments on the NPRM. Commenters driver training schools already cover the directed the NPRM to drivers included included motor carriers, associations, four proposed topics. However, the in the 1995 study discussed above, i.e, training organizations, a union, a public NPRM places the burden for training in only drivers in the heavy truck, interest organization, and individuals. these subject areas back on the trucking motorcoach, and school bus industries. companies. Central Tech questions how Excluded were: (1) Transit bus drivers General Support companies would comply with the subject to Federal Transit Eleven commenters generally support certificate requirement if these Administration regulations; (2) drivers the FMCSA’s proposal. For example, the companies rely on the training provided operating property-carrying CMVs with American Trucking Associations (ATA) by the schools. The commenter asks, are gross vehicle weight ratings under states, ‘‘ATA generally supports the the ‘‘schools that already train in these 26,001 pounds; (3) drivers operating proposed minimum training areas going to be required to issue a hazardous material laden CMVs not requirements and FMCSA’s overall separate certificate?’ required to placard the CMV in efforts to improve the Commercial The Petroleum Marketers Association accordance with 49 CFR part 172, Driver’s License (CDL) program.’’ The of America (PMAA) states that requiring subpart F (§§ 172.500 through 172.560); National Private Truck Council, Inc. 10.5 hours for the proposed training and (4) drivers operating CMVs laden (NPTC), Consolidated Safety Services, would be an unreasonable amount of with any quantity of a material listed as Inc. (CSS), American Moving and time for PMAA members. The a select agent or toxin in 42 CFR part 73. Storage Association (AMSA), the Tree commenter states, ‘‘PMAA members are Second, the agency focused the NPRM Care Industry Association (TCIA), small companies with sometimes only a to drivers who operate in interstate McLane Company, Inc. (McLane), Tri- few employees. If one of those commerce subject to the Motor Carrier State Semi Driver Training, Inc. (Tri- employees is unavailable for over a day,

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this will have a serious financial impact ‘‘training in current topics that may be AHAS states that in the review of the on our member’s operations.’’ more effective in deterring the types of effectiveness of private sector entry- FMCSA Response: Although the target accidents may be displaced to level driver training required by section proposal does not specify a required accommodate the proposed mandated 4007(a), the FHWA found that private number of hours for the training, the hours. The overall effect may result in sector efforts at transmitting basic CMV agency estimates that an employer or an increase in accidents.’’ driver skills and knowledge training are other training provider would need to The Truckload Carriers Association fundamentally inadequate, yet in the devote about 10 hours of training for all (TCA) states that information on the NPRM preamble FMCSA stated ‘‘the heavy truck, motorcoach, and private four topics is already being voluntarily CDL gives the novice driver the basic contractor school bus drivers. These are provided to drivers by many carriers. knowledge and skill necessary to nationwide estimates of the average The National Association of Publicly operate a CMV.’’ length of time needed to train drivers in Funded Truck Driver Schools AHAS also states that under section the four required subject areas. (NAPFTDS) and the National Ground 4007(a) FMCSA is required to submit a Today’s final rule allows employers to Water Association (NGWA) make report to Congress if it determines that provide the required training in a range similar comments. entry-level driver training is not of settings. Various entities can provide FMCSA Response: FMCSA believes necessary. The report is to explain why the training, including the employer, a this final rule will promote safety such training is not needed and must training school, or a class conducted by because it covers new areas not covered include a benefit-cost analysis to justify consortia or associations of employers. by the CDL tests and it places a training the decision. AHAS states: The proposal discussed that currently responsibility on employers and entry- employed drivers will be entitled to a level drivers. However, the rule does not Neither the FMCSA nor the FHWA has mandate training hours. The FMCSA issued a study to support such a negative 90-day grace period. The FMCSA has finding. On the contrary, the results of the determined that drivers that began believes motor carriers must address research conducted to [sic] show that basic driving CMVs within 10 months before training needs to properly train skills and knowledge training in the private today’s final rule and two months after inexperienced drivers. FMCSA is sector are inadequate. Yet the FMCSA has today’s final rule will be considered emphasizing that these requirements are proposed leaving these inadequate efforts currently employed drivers subject to a training responsibility by placing the undisturbed by federal regulation designed to this 90-day grace period. These drivers entry-level driver training requirements advance the quality of entry-level are permitted to operate a CMV during in part 380. Compliance will be checked commercial driver skills and knowledge. the 90-day period pending the at the carrier’s place of business during Instead, the agency only proposes to require completion of training. The agency also a compliance review. Because the that novice drivers receive instruction in four requirement is not a driver licensing additional areas: driver qualifications, hours believes that employers can train these of services governing commercial driver duty entry-level drivers in shifts. issue to be administered by the State time, driver wellness, and whistle blower In response to Central Tech’s question licensing agency, enforcement officials protection. * * * No baseline training of any about whether schools that already train will not check for compliance at kind is required in this notice; the agency is in the areas made final today will be roadside. content to allow currently inadequate required to issue a separate certificate, The CMV driver is key to truck and approaches to ensuring basic driver the training provider would not have to bus safety. The rule is part of FMCSA’s competence in the operation of large trucks issue the entry-level driver a separate overall effort to improve its safety and buses to remain unchanged. * * * The training certificate. However, the programs. These efforts include proposed novice driver training is a legally insufficient response to the statutory training school’s certificate or diploma improvements to the CDL tests, a graduated licensing study, the new mandate and clearly violates legislative given to the driver must have wording intent. that is substantially in accordance with entrant motor carrier standards, and the the wording of the training certificate MCSAP program. Viewed in this overall The Sage Corporation (Sage) states contained in this final rule. context, the FMCSA believes this that the proposed training program will overall effort will improve the safety of have little impact on whether entry- The Proposal Will Not Ensure Safety entry-level drivers and meet the level drivers are receiving adequate Six commenters state that the Congressional directive for rulemaking. training. proposals in the NPRM will not ensure This final rule is one prong of the FMCSA Response: The FMCSA better driver safety training or improve overall effort. See also the FMCSA’s believes its proposal meets the safety in general. discussion above in reference to Central requirements of the statute to improve The United Motorcoach Association Tech’s comments. private sector training. The agency (UMA) states that, along with school stated in the CDL final rule on July 21, buses, the motorcoach industry is the The Proposal Does Not Comply With the 1988 (53 FR 27628) that at least ‘‘20 safest mode of ground passenger Statute States waive testing if the classified transportation. ‘‘There is no evidence The Advocates for Highway and Auto driver’s license applicants meet certain either in existing data or anecdotal Safety (AHAS) strongly object to the conditions, such as certification of evidence that shows that the proposals proposed rule on the basis that it does training and testing by their employer, in this NPRM will do anything to not comply with Section 4007(a) of the and two States recognize training improve our already superior safety ISTEA. AHAS states, ‘‘Although the schools.’’ The States also have had the record.’’ FMCSA was directed by Congress in liberty to impose more stringent public The National Solid Wastes Section 4007(a) of the Intermodal sector training efforts than the minimum Management Association (NSWMA) Surface Transportation Assistance Act necessary to pass their CDL tests. states that the proposed training may of 1991 (ISTEA), Public Law 102–240 The agency requires four minimum divert training time and resources away (December 18, 1991), to conduct training areas for operating in interstate from more meaningful methods of rulemaking on the need for entry-level commerce. FMCSA does not believe it improving safe driving, such as on-the- driving training, the agency in this should duplicate training that the public job observations by route supervisors. notice clearly seeks to evade that and private sectors provide a driver to Similarly, C. R. England, Inc. states that, legislative directive.’’ operate a CMV before taking the CDL

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tests. The agency believes that the four commenters make the further point that Model Curriculum should be declared additional areas in today’s final rule the responsibility for ensuring that this ‘‘the basis for training adequacy,’’ and will provide entry-level drivers with training has occurred should be with the that the four areas covered by the NPRM fundamental knowledge necessary for State licensing agency rather than the could then be added to the Model beginning operations in interstate employer. NPTC states that making the Curriculum. At the same time, NADA commerce: (1) Driver qualification new training requirement part of the objects to a Federal mandate for entry- requirements; (2) hours of service of CDL licensing process would mean that level training. Similarly, McLane ‘‘urges drivers; (3) driver wellness; and (4) an employer could assume that a driver FMCSA to revise the existing Model whistleblower protection. The ongoing with a valid CDL has received the Curriculum or develop a new FMCSA efforts to address the adequacy appropriate training. supplemental curriculum to reflect of CDL testing is the better place to NPTC believes that incorporating the these new minimum training focus training issues over the actual driver training into the CDL would requirements.’’ operation of CMVs than in this assist employers in the event of The eight commenters who favor rulemaking. litigation arising from a vehicle collision mandatory training give reasons similar where the adequacy of the driver’s to those discussed earlier under the Proposal Should Be Performance Based training is at issue. Similarly, C.R. topic ‘‘Current CDL training C. R. England comments that instead England, Inc. states that if the proposed inadequate.’’ [Daecher, NATFTDS, of mandating the hours required for requirements are not added to the FVTC, Future Truckers of America training, the FMCSA should set testing requirements of the CDL, ‘‘the (FTA), Tri-State, CVTA, CVSA, and standards and allow drivers and CDL competency is undermined to the CSS.] That is, most believe that a employers to determine the most point of putting carriers at legal risk for minimum mandatory training appropriate methods for meeting those using inexperienced drivers.’’ requirement is needed because, as standards. CVSA also stated that the FMCSA Response: FMCSA believes NADA states, ‘‘mere acquisition of a training should be performance-based to that requiring the State to administer, CDL does not properly prepare a accurately reflect the level of and enforce at roadside inspections, the potential driver for safe operation of understanding by the participants. entry-level driver training requirements CMVs on the nation’s highways.’’ CVTA FMCSA Response: The agency would add an unnecessary complication suggests that the rule require that a CDL proposed a set of standards that would to the CDL program. FMCSA believes applicant complete all Model allow drivers and employers to the training certificate in the driver Curriculum courses. Training in all determine the most appropriate personnel or qualification file is courses should total at least 160 hours, methods for meeting those standards. sufficient documentation that a driver CVTA recommends. The agency believes the entry-level has met the entry-level driver training FVTC requests FMCSA to withdraw training in this rule is performance- requirement. the current proposal and to act on the based because the agency specifies the The FMCSA believes motor carriers FHWA’s July 1995 report, ‘‘Assessing general content of the four topic areas of should address training needs to the Adequacy of Commercial Motor required training. However, the agency properly train inexperienced drivers. By Vehicle Driver Training.’’ The believes CVSA’s comments imply a placing the entry-level driver training commenter states that the report testing format that the agency cannot requirements in part 380, FMCSA is concluded that ‘‘of those heavy truck oversee and does not want to require of emphasizing that these requirements are carriers that hire entry-level drivers only an employer. Employers, however, may a training responsibility and that one in 10 would be expected to provide test their entry-level drivers or have compliance will be checked at the adequate training.’’ them tested. The required training does carrier’s place of business during a Daecher states that the Model not specify the number of hours of compliance review. Because the Curriculum fails to include training on training, but provides estimates that the requirement is not a driver licensing the use of anti-lock brake systems or agency used as averages across the issue to be administered by the State engine retarders. heavy truck, motorcoach, and private licensing agency, enforcement officials FMCSA Response: FMCSA is making contractor school bus industries. will not check for compliance at the training standards mandatory. The Further information on the estimates roadside. (Roadside enforcement agency believes the standards have to be may be found in the cost-effectiveness officials may, however, check an entry- mandatory to be effective at improving analysis in the docket, and is level driver’s CDL to verify the presence interstate driver proficiency in the four summarized in the NPRM. of proper endorsements, such as topics selected. FMCSA has identified passenger or school bus endorsements.) the four competencies expected of a safe Training Topics Should Be Part of CDL driver operating in interstate commerce. Program Mandatory Training Standards FMCSA is leaving the outcome testing Nine commenters state that the goal of Among the nine commenters that to the employers. The FMCSA believes improving driver safety would be better address the issue whether training the 160-hour Model Curriculum training realized if the training topics contained should be made mandatory, seven favor course is too burdensome. However, if in the proposed rule were made part of mandatory training, and two oppose it. an employer believes its drivers need the CDL curriculum. The commenters NADA and Tri-State oppose that amount of training, it may provide are: NRMCA, PMAA, Colorado Ready mandatory training. Tri-State expresses that amount. Mixed Concrete Association/Colorado concern at what it labeled a ‘‘one size FMCSA did not include engine Rock Products Association (CRMCA/ fits all’’ approach. This commenter retarders, as Daecher suggests, because CRPA), National School Transportation favors an approach that identifies there is no requirement that vehicles be Association (NSTA), C.R. England, Inc., competencies expected of a safe driver equipped with such a device. Training AMSA, UMA, ABA, and NPTC. Most of and then measures those competencies in anti-lock brake systems is covered on the commenters believe that this would through outcome testing. NADA the CDL test. The required skills test in be the least costly way to accomplish believes that entry-level drivers would § 383.113 lists the ability to stop the the desired training in the four subject collectively benefit from a more rigorous vehicle, as well as air brake application. areas proposed. Several of the training regime. It also believes that the FMCSA believes CDL examiners will

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test entry-level drivers on anti-lock or any quantity of a material listed as a the CDL just as the drug and alcohol brake application and inspection of the select agent or toxin in 42 CFR part 73. requirements are, ensuring that all anti-lock brake system in State CDL The rule will not apply to persons drivers receive training in topics the tests. subject to the Federal Transit agency considers essential for safe Administration’s jurisdiction or to driving. Comments on Specific Issues in persons excepted by 49 CFR 390.3(f), NSTA states that ‘‘the agency also Proposed Rules including transportation performed by cites FTA training materials as a reason General Applicability the Federal government, a State to exempt transit operators * * * ’’ government, any political subdivision of There is no indication that the materials Several commenters ask for a State, any agency that has been cover the areas proposed in this rule; in clarification on applicability or make established under a compact between fact, the FTA training materials appear suggestions as to whom it should apply. States that has been approved by the to be less comprehensive than much of TCIA seeks confirmation that the rule Congress of the United States, or any the State-required school bus training. only applies to CDL drivers and not to school bus operations as defined in 49 Therefore, if it is reasonable to exempt commercial drivers who drive vehicles CFR 390.5. transit operations from the under 26,001 gross vehicle weight rating The agency chose not to include requirements, then it is reasonable to (GVWR). UMA objects that FMCSA drivers subject to Federal Transit exempt all school bus operations as bases its entry-level driver training Administration regulations and other well. On the other hand, if the agency almost solely on the heavy truck Federal, State, and local government believes that the proposed training industry, but applies the rule to the agencies in the rulemaking because requirements will reduce crashes, then motorcoach industry, which has a better these vehicles are almost all operated by all drivers should be subject to them. safety record. In addition, UMA believes municipalities or other public agencies. Regarding proposed entry-level driver that including motorcoach drivers in the ISTEA specified that the agency report training standards for school bus NPRM, but exempting transit bus on the effectiveness of ‘‘private sector drivers, a school bus contractor opposes drivers from the training standards, is efforts’’ to ensure adequate training of federally mandated driver training flawed. UMA states that the premise CMV drivers. Therefore, FMCSA standards and believes the process that transit operations are somehow believes Congress intended to exclude should be left to the States, and safer than motorcoach operations is not training of transit bus drivers and other enforced by the States. In addition, it borne out by the data. UMA urges Federal, State, and local government states that the cost of training would be FMCSA to exempt the motorcoach agencies from this rulemaking. See 58 a hardship on already over-stretched industry. FR 33874 (June 21, 1993). public school budgets. CVSA disagrees with the proposed Non-transit motorcoach operations are FMCSA Response: FMCSA believes rule applying only to ‘‘drivers who drive included in today’s final rule because private sector school bus operations in interstate commerce and are subject Congress specifically wanted the agency must be included in today’s final rule. to the CDL requirements.’’ It believes to study the effectiveness of ‘‘private The ISTEA directed the agency to study the safety related standards should be sector efforts’’ to ensure adequate the effectiveness of the efforts of the the same for all CDL drivers whether training of CMV drivers. The agency private sector to ensure adequate they are interstate or intrastate drivers. studied the motorcoach industry’s training of entry-level drivers of CMVs. The CDL requirements should be private sector training efforts and found The agency limited the study to those applied evenly across the board. them to be inadequate. FMCSA believes drivers required to hold a CDL to FMCSA Response: The final rule is that the training adequacy study had a operate a CMV, including private sector applicable to all persons subject to the sufficiently diverse group of cargo and school bus drivers. The study found CDL requirements in 49 CFR part 383 passenger carriers to be representative of training for this type of CMV driver to operating in interstate commerce, as the CMV industry the agency regulates. be inadequate. Sec. 4007(a)(2) required defined in 49 CFR 390.5. It will include the agency to do the rulemaking. Exempt School Buses The agency must also clarify a all motor vehicles, trucks, National School Transportation possible misunderstanding. The motorcoaches, buses, school buses, or Association (NSTA) urges the FMSCA to statutory mandate underpinning this combinations of motor vehicles used in exempt school bus drivers from the rulemaking focuses the agency to interstate commerce to transport required driver training outlined in this address only ‘‘private sector efforts.’’ passengers or property if the motor rule. NSTA does not oppose meaningful The agency is clarifying the vehicle— driver training for school bus drivers, applicability for the final rule. Today’s (a) Has a gross combination weight but disagrees with the agency’s final rule applies only to private school rating of 11,794 kilograms or more arguments to include school bus drivers. bus contractors, e.g., employers and (26,001 pounds or more) inclusive of a NSTA explains that its industry is 40 drivers operating school buses in the towed unit(s) with a gross vehicle percent safer than transit drivers who private sector. Thus, the exceptions weight rating of more than 4,536 are exempt from this rule. As provided by § 390.3(f)(1) and (2) apply kilograms (10,000 pounds); or justification for exempting transit to today’s final rule. (b) Has a gross vehicle weight rating operators (and for exempting some In response to the NSTA comment, of 11,794 or more kilograms (26,001 school bus operators from two of the the NPRM incorrectly stated that pounds or more); or requirements), the NPRM cites the fact government transit drivers are exempt (c) Is designed to transport 16 or more that those entities are not subject to from parts 350 through 397 of the passengers, including the driver; or parts 350 through 399 of the FMCSRs. Federal Motor Carrier Safety (d) Is of any size and is used in the NSTA claims this is a disingenuous Regulations (FMCSRs). The reference in transportation of any material that has argument, because FMCSA does subject the NPRM to the exemption to parts 350 been designated as hazardous under 49 these entities to CDL requirements (part through 397 of the FMCSRs should have U.S.C. 5103 and is required to be 383) and to drug and alcohol testing included the phrase ‘‘except as placarded under subpart F of 49 CFR requirements. NSTA submits that otherwise provided.’’ Section 390.3(f)(1) part 172 (§§ 172.500 through 172.560), training requirements could be tied to and (2) provide that unless otherwise

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specifically provided, the rules in 49 for quantifying operating hours or miles. AMSA recommends allowing eligible CFR parts 350 through 399 do not apply Several commenters stated that safety drivers to waive the training to— comes through practical application of requirements through the grandfather (1) All school bus operations as knowledge learned and improves with provision for 14 or 16 months following defined in 49 CFR 390.5; and experience. If experience is quantified the effective date of the rule to allow for (2) Transportation performed by the with actual miles or hours of operation an adequate time to communicate the Federal government, a State, or any in a vehicle, then a driver is more likely grandfather provisions to potential political subdivision of a State, or an to develop and refine safe operating drivers and to give carriers the time agency established under a compact practices. Conversely, without a necessary to establish internal between States that has been approved quantifying measure, one could not certification and reporting systems. by the Congress of the United States determine how much operating FMCSA Response: FMCSA believes * * * The agency has corrected the experience a CDL holder would have that operating experience helps CMV NPRM misstatement in the final rule. who occasionally operated a CMV drivers reduce crashes caused by driver FMCSA disagrees with the school bus within the two year time period. Under error. In today’s final rule, the agency contractor which opposes federally- this quantifying measure, the adopts the ATA’s comment to change mandated driver training standards and grandfathering clause may not be the definition of entry-level driver to a believes the process should be left to, necessary. driver with less than one-year and enforced by the States. The agency TCA believes that ‘‘carriers should experience operating CMVs. The agency is changing the training topics for only have to train drivers newly believes safety will continue to be school bus drivers in this final rule. The entering the industry. A review of the served by allowing only one year of specifics will be discussed later under preamble to the rule demonstrates experience rather than two years of the heading Training Topics. clearly that FMCSA’s proposal to experience. FMCSA will also have a If the NSTA has suggestions that it require training for all drivers in the much simpler rule for employers to believes will improve the FTA’s training industry for less than one year was follow. FMCSA has no reason to believe materials for alcohol and controlled based on the arbitrary comments it based on comments and other available substances testing, the agency suggests received in response to the ANPRM and data that defining an entry-level driver NSTA contact the FTA directly. The public meeting and not based on any as one year or less will have a negative agency believes that FTA is the best scientific study. In TCA’s opinion, there impact on safety. qualified to comment on the is no scientific justification.’’ The IBT, The agency also agrees with the ATA comprehensiveness of its training however, recommends that all drivers that a grandfather provision is materials. with less than two years of driving unnecessary, in view of the decision to FMCSA is encouraged by the NSTA experience be subject to the mandatory change the definition of entry-level statement that school bus drivers training requirements and that drivers driver to a driver with less than one- receive pre-service training of at least 40 with less than five years experience be year experience. The change in the hours and in-service training of at least required to receive written information definition of entry-level driver will 10 hours. The agency believes this on the subject matter covered in reduce the burden on employers to train shows that the additional amount of training. currently employed drivers. time spent learning about driver Several comments were received The agency believes an employer can qualifications, hours of service, driver regarding the grandfathering provision more readily determine if a driver is an wellness, and whistleblower protection proposed at § 380.505 in the NPRM. For entry-level driver from the one-year would not be unduly burdensome. example, CSS recommends that an experience criteria than by counting individual must certify and provide hours or miles driven, as suggested by Entry-Level Driver Definition and evidence in order to be grandfathered. the Future Truckers of America, CVTA, Grandfathering CVSA believes that a few items should NEI, and Tri-State. The employer may The proposal defined an entry-level be changed in the grandfathering clause not have access to accurate information driver as a driver with less than two requirements. The recommendations on hours or miles driven by the driver. years experience operating a CMV with include: (1) Altering § 380.505(b)(3), The NPRM contained the requirement a CDL. One commenter agrees with this which as proposed read, ‘‘No that the driver ‘‘is regularly employed in definition. However, several suspension, revocation, or cancellation a job’’ to ensure that drivers have commenters suggest that the definition of his/her CDL,’’ to include the term adequate experience in order to qualify should be a driver with one year or less disqualification; (2) including a for grandfathering. Upon further of such experience. ATA and several definition of the term ‘‘at fault’’; (3) reflection of the comments by CVSA other commenters stated that by using changing § 380.505(c)(1) from ‘‘Is and AMSA, FMCSA has decided to this definition, the need for a regularly employed in a job’’ to ‘‘Is eliminate the grandfathering provision grandfathering clause for drivers with employed in a job’; and (4) giving the from the final rule. However, the agency between one and two years of driving employer the choice of either still must specify who is a currently experience would be eliminated. This grandfathering a driver, if he or she employed entry-level driver for today’s would save employers and drivers time meets the requirements, or requiring the final rule. and money without sacrificing safety. In driver to attend an entry-level training Therefore, drivers that began driving addition, employers would no longer course. CVSA also remarks that a CMVs between 10 months before today’s have the burden of ensuring that an grandfathered driver is required to final rule and the effective date will be individual claiming eligibility for the prove that he or she meets the considered currently employed entry- grandfathering provisions is actually grandfathering requirements before an level drivers subject to today’s final rule eligible, and Certificates of employer can allow him or her to and must obtain the training required by Grandfathering would not be necessary. operate a CMV, while the entry-level this rule no later than 90 days after the Several commenters recommend a driver is allowed to operate a CMV for effective date of the rule. These drivers definition based on miles or hours that 90 days before receiving the required are permitted to operate a CMV during a commercial vehicle has been driven. training. CVSA believes the standard the 90-day period pending the The proposed definition does not allow should be uniform and consistent. completion of training. A student entry-

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level driver, an individual who will measurable extent. The FMCSA has also benefit from continuing training begin operating a CMV in interstate included training in Parts 391 and 395 and updates in this area. commerce after the effective date of this of the FMCSRs, because training in FMCSA Response: The FMCSA agrees final rule July 21, 2004, must receive the these areas will be most beneficial to with the IBT that many drivers are minimum training required by this entry-level drivers who will operate in unfamiliar with or misunderstand the action before driving a CMV. Thus, all interstate commerce. required medical qualifications. The student drivers will be subject to this The agency believes today’s final rule agency published a final rule on October rule after its effective date. and the other FMCSA safety program 5, 2000, in the Federal Register (65 FR After the effective date, a driver or initiatives discussed elsewhere will 59363) which updated on one form the potential driver having less than one improve overall entry-level driver instructions for performing and year experience operating a CMV for safety. These include the agency’s recording physical examinations, the which 49 CFR part 383 requires a CDL graduated licensing rulemaking, the medical examination report, the must receive the training required by MCSAP program, its crash causation instructions to the medical examiner, this subpart before operating a CMV study (which may assist in determining the advisory criteria, and the medical defined in § 383.5 in interstate the need for future driver training examiner’s certificate. The consolidated commerce. topics), its new motor carrier entrant form contains information on cardiovascular conditions and diabetes Entry-Level Driver Training Topics— program, and its active CDL fraud which should be included as part of a General program. training presentation on driver The training topics covered in the In addition, FMCSA notes that there are other Federal requirements that qualification requirements. Drivers will proposal were driver qualification, be better informed on medical hours of service, driver wellness, and address security-related training, which will benefit entry-level and other CMV qualification requirements through a whistleblower. In general, CVSA combination of the revised medical form drivers. These include: (1) The Research believes that the listed training and the training requirements in today’s and Special Program Administration’s requirements may have merit on their final rule. own. However, it does not believe the security awareness and in-depth The types of subjects employers topics address all of the training areas security training requirements at 49 CFR should cover include the following necessary for an entry-level driver. 172.704; (2) the hazard communication medical topics: Loss of a limb; CVSA suggests that a training program program training required by the impairment of a limb; diabetes mellitus for entry-level drivers should include a Occupational Safety and Health standard for drivers currently requiring minimum required number of hours of Administration of the Department of insulin for control; cardiovascular training in parts 383, 391, 392, 393, 395, Labor (29 CFR 1910.120 or 1910.1200) disease standards for conditions known and 396. CVSA also suggests that the and the Environmental Protection to be accompanied by syncope, training program include skill training. Agency (40 CFR 311.1); and (3) LCV dyspnea, collapse, or congestive cardiac CVSA realizes ‘‘that some of these areas training requirements in 49 CFR 380.201 failure; respiratory dysfunction may be covered while preparing for the through 380.205 published on March standards; procedures for the clinical CDL tests, but if the objective is to 30, 2004 (69 FR 16722). Although entry- diagnosis and treatment of high blood improve the safety of our highways, level personnel are not eligible to drive pressure; standards for rheumatic, reinforcing the safety regulations will LCVs, motor carriers that operate these orthopedic, muscular, neuromuscular, only do more to help us achieve our vehicles may well extend security or vascular disease; epilepsy standards goal.’’ training to the rest of their driver including conditions likely to cause loss FMCSA Response: CDL tests cover population. of consciousness; psychiatric disorders driving skills and the driver-applicable These programs and requirements including mental conditions which parts of 49 CFR parts 392, 393, and 396 will result in improved entry-level affect the driver’s operation of the CMV, of the FMCSRs. Part 392 is entitled driver highway safety in the CMV vision standards, hearing standards, and ‘‘Driving of Commercial Motor industry and will help to improve the diagnosis of alcoholism as a disease; Vehicles.’’ Part 393 is entitled ‘‘Parts safety of those seeking to drive CMVs in alternative physical qualification and Accessories Necessary for Safe the future. standards for the loss or impairment of Operation’’ and part 396 is entitled Driver Qualification limbs; and vision and diabetes ‘‘Inspection, Repair, and Maintenance.’’ exemption program requirements. The Interstate Commerce Commission, The IBT supports the inclusion of The following drivers must be another predecessor agency of the driver qualifications as a new training medically examined: new drivers, FMCSA, based each of these three parts topic. The IBT explains that on the issue drivers with expired medical cards, and on ‘‘State motor vehicle laws and of driver qualifications, many drivers drivers whose ability to perform their regulations * * *’’ See the NPRM for are unfamiliar with or misunderstand normal duties has been impaired by a these parts of July 8, 1936 (1 FR 738). the medical qualifications required by physical or mental injury or disease. Also, 49 CFR 383.111(a) requires each of the FMCSA. This problem is Additional types of subjects these parts be covered in the CDL exacerbated by the fact that these employers should cover in driver knowledge test. qualifications may change periodically. qualification should include the The agency does not believe For example, changes have recently following: A discussion of driver mandating hours for training will been made regarding cardiovascular and qualification standards under § 391.11, achieve the desired goal of the agency, diabetes requirements, and the driver responsibilities under § 391.13, performance-based regulations. An conditions of drivers themselves will and disqualifications based on various employer or training provider able to change over time. In this respect, the offenses, orders, and loss of driving train a potential driver in less time than IBT thinks entry-level drivers would privileges under § 391.15. mandated may believe it must fill in benefit from an explanation of the extra material that will be burdensome requirements and the importance of Hours of Service to the driver and employer, but may not being aware of current requirements. In The IBT strongly supports training in raise the driver’s safety to any fact, the IBT suggests that drivers would hours-of-service regulation. Given the

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recent changes to the regulation, IBT you [FMCSA] justify the invasion of Driver wellness topics could include agrees that drivers would benefit from individual privacy to regulate stress, sleep apnea, how to maintain instruction on the requirements set forth employees’ non-working time?’’ ABA healthy blood cholesterol, blood in the regulation. ABA recognizes that criticizes the addition of this training, pressure, and weight, as well as the hours of service of drivers is certainly claiming that part 382 already mandates importance of periodic health an important element of training for drug/alcohol training. Requiring further monitoring and testing, diet, and entry-level drivers, but it believes that training in this area is repetitive and exercise. Many of these items could also fatigue management is an element of costly with no additional benefit. be combined with the driver basic hours-of-service training and Training regarding the monitoring of qualification training requirements that should not be treated as a separate item specific medical conditions is best left require a doctor to inquire about and or section for training purposes. The to medical professionals. test for numerous physical conditions. NGWA believes training may already The IBT supports the new training Driver wellness, however, should exist for hours-of-service compliance. and comments that driver wellness is a inform the driver what should be They want to know whether FMCSA very important issue to the IBT and its considered on a daily and monthly basis will be adopting different rules and members. The IBT believes that driver to maintain a healthy lifestyle. For application in this area, and if so, what welfare can be improved with training example, in discussing topics about would it be. and instruction on the health threats blood pressure, diet, and exercise, an FMCSA Response: The FMCSA has faced by long-haul drivers, such as heart employer may want to address the shown that crashes occur as a result of disease and diabetes, as well as the benefits of a healthy lifestyle, but also CMV driver error caused by inattention. connection between those medical mention that the medical qualification Inattention can be the result of driver conditions and the potential for requirements are written in terms of fatigue. Hours-of-service training should disqualification. The IBT explains that if minimum standards for safe driving, teach fatigue prevention strategies and drivers more fully understand both the including guidelines for blood pressure the causes of fatigue. Hours-of-service health risks and the risk of job loss, and diabetes mellitus. training will help the driver learn how many preventable diseases could The current requirement in § 382.601 to maintain good sleep hygiene. potentially be avoided. to provide a policy on the misuse of Training should include the new hours- FMCSA Response: The agency’s alcohol and use of controlled substances of-service regulations for truck drivers. authority to require entry-level driver does duplicate the proposed Motor carriers began complying with training on driver wellness can be found requirement in 380.503(a) to provide the new rule earlier this year. in 49 U.S.C. 31131, 31133, and 31136, training in Part 382 drug and alcohol The FMCSA agrees with the ABA that in addition to ISTEA Sec. 4007(a). Sec. testing. Because training in drug and fatigue management should be a part of 31131(b)(3) states that Congress finds alcohol testing is already required in hours-of-service training. Today’s rule ‘‘enhanced protection of the health of § 382.601, the FMCSA has removed that lists fatigue management as one CMV operators is in the public interest’’ requirement from the required wellness example of what should be included in and Sec. 31133(a) provides in relevant training in today’s final rule. hours-of-service training. The others parts that the agency may: Whistleblower Protection would include: the hours a driver is (8) Prescribe recordkeeping and allowed to drive and work each shift; reporting requirements; The last proposed entry-level training the mandatory off-duty times between (9) Conduct or make contracts for topic was whistleblower protection. shift periods; record of duty status studies, development, testing, Several commenters remark that there preparation and filing; and exceptions evaluation, and training; and are other methods for drivers to learn to the rules. (10) Perform other acts the Secretary about whistleblower protection besides The FMCSA is unaware of the specific considers appropriate. instituting new training. For example, HOS training that the NGWA references Sec. 31136 specifically requires that TCIA comments that training on this in its comment. The NGWA, however, the FMCSRs ensure that driving subject already exists in one form or may use any training it believes conditions do not impair the driver’s another. Because the protection already complies with the intent of this final physical condition. exists by statute, TCIA also believes it rule to teach interstate CMV drivers how The agency agrees with the IBT that is redundant to require that to comply with the requirements of 49 driver welfare could be improved with documentation of this training be placed CFR part 395. training and instruction in many areas, in the driver qualification file. Brown- including heart disease and diabetes. Line, Inc. comments that a statement Driver Wellness The purpose of driver wellness training read and signed during orientation Driver wellness is another entry-level is to provide medical information to the would accomplish the same goal as training topic. Most commenters are driver so that the driver can make training. ABA suggests that the strongly opposed to the addition of this informed life style choices. The agency whistleblower provision does not topic. Specifically, commenters is not attempting to regulate a driver’s appear to fit into this rulemaking action. question how this topic falls under the off-duty activities. FMCSA respects the The IBT, however, agrees that drivers auspices of DOT and FMCSA. fact that the driver may have his or her should be made aware that Commenters argue that this topic personal idea on the meaning of whistleblower protections exist, and oversteps the agency’s bounds with maintaining a healthy lifestyle. also be made aware of the exact nature respect to individual driver privacy. For Moreover, this training does not require and extent of the protections offered. example, CRMCA/CRPA states, ‘‘while drivers to self disclose personal medical The NGWA believes training may driver qualifications, hours of service, information to anyone. Nonetheless, already exist for OSHA (Occupational and whistle blower protection are valid FMCSA recognizes drivers who operate Safety and Health Administration) areas of training, driver wellness, CMVs cross country may be away from compliance with whistleblower including personal behavior of diet and their primary care providers a protection. It wants to know whether exercise, although important, is not substantial part of the year and can FMCSA will be adopting different rules within the purview of the FMCSA.’’ benefit substantially from a heightened and application in this area, and if so, NGWA asks, ‘‘On what legal grounds do understanding of driver wellness issues. what would it be.

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FMCSA Response: The agency agrees have the ability to administer and Third party training providers are not with the IBT that drivers should be implement the training. TCIA states that subject to the jurisdiction of the agency. aware that whistleblower protection without this ability, this entire proposed Therefore, the training providers may exists, and also be made aware of the mandate will become extremely implement their own recordkeeping exact nature and extent of the cumbersome, and difficult to comply requirements. The FMCSA has changed protections offered. Training informs with. Therefore, TCIA requests that the the final rule to require employers to the driver and other employees of the authority to conduct the mandated ensure that drivers obtain a training right to question the safety practices of training be retained by the employer. certificate if the driver meets the an employer without the employee’s FMCSA Response: This final rule requirements to obtain an original risk of losing a job or being subject to allows the employer considerable certificate by a training provider. reprisals. The requirement allows an latitude in determining what entity can Training Documents Should Follow employer to use existing training if it provide the required training. Examples Driver meets the requirements of § 380.503. include the employer, a training school, The agency believes that a statement or a class conducted by a consortium or Daecher and ABA both comment that read and signed by the employee may association of employers. The question training and the training certificate not give the employee the complete of who pays for the required training is should follow the driver. If a driver understanding that can come from an employer/employee issue. FMCSA completes training that meets the training. Acceptable alternatives include has no ability to pay for training because minimum requirements specified by the training provided by a school and the Congress did not appropriate funds agency, he or she should not be required to be retrained by a subsequent exposure of the entry-level driver to a for that purpose. professionally-prepared audio or video employer. ABA explains that proper FMCSA believes most employers will documentation of previous training covering the required topics. bear the training costs for currently The FMCSA is unaware of any should be provided to the new employer employed entry-level drivers. Most and should be maintained in the specific OSHA training that the NGWA entry-level drivers, however, will refers to in its comment, other than the driver’s qualification file. A employer probably bear most of the training costs may choose to retrain the driver at its OSHA ‘‘Truck and Bus Poster’’ number after October 18, 2004, because the 3113, available from OSHA. The discretion. FMCSA believes most employers will FMCSA Response: Today’s final rule NGWA, however, may use any training not hire a driver unless the entry-level it believes complies with the intent of allows a subsequent employer to accept driver has had the training by a third a copy of a training certificate from a this final rule to teach interstate CMV party training provider’s school. drivers how to meet the whistleblower previous employer or other training requirements of 49 U.S.C. 31105 and the Employer Recordkeeping provider. The certificate or diploma Department of Labor’s rules in 29 CFR Responsibilities—General must then be maintained in the driver’s part 1978 about how to send in a personnel or qualification file. The rule Under the rule, several provisions does not require the employer to retrain complaint blowing the whistle on a establish new recordkeeping violator. a driver who has received the training responsibilities for employers. For required by § 380.503 and who has a Answers to Questions About Other example, employers must maintain a training certificate meeting the Training Areas proof of training certificate. CVSA asks: requirements of § 380.515. In the NPRM, FMCSA requested What safeguards are available to prevent Paperwork Burden/Recordkeeping comments about entry-level training in the falsification of the training certifications? other areas such as operation of fire How long are the third party training Four commenters address the extinguishers. ATA responds that motor providers required to maintain records on paperwork and recordkeeping carriers typically cover topics like fire their students? What is the reason for requirements in the proposed rule. requiring third party trainers to provide the extinguisher training in their general NRMCA agrees that the four training original and a copy to the driver? Why can subjects are valuable topics for entry- safety programs. Requiring such training the driver not be responsible for making their is not necessary. However, NGWA own copies? level drivers, but believes that supports fire extinguisher training. ‘‘requiring employers to record and file FMCSA Response: FMCSA agrees FMCSA Response: The FMCSA has documentation of training on these with the ATA that many employers made specific changes to clarify today’s subjects would only create more costs, already cover fire extinguisher training final rule. The first change ensures that paperwork and administrative burdens in their general safety programs. FMCSA places requirements only on to employers in our industry.’’ Therefore, FMCSA has not mandated employers and drivers. Another change Similarly, a commenter involved in fire extinguisher training in this final is the training certificate now contains school bus transportation states that rule. the name, address, and telephone time spent on recordkeeping interferes number of the training provider. The with a company’s ability to perform its Responsibility To Conduct Training final rule has removed the proposal for duties. NGWA asks, ‘‘Precisely what entity copies to be made by a specific entity NRMCA, PMAA, and CRMCA/CRPA will be considered appropriate to or person. Civil penalties are available object to the proposed requirement that conduct the training?’’ This commenter for violations of 49 CFR 390.35(b) and training records be kept for three years asks whether the employer is required (c). The employer may contact the after the driver’s employment has to fund the training done by an outside training provider if he or she has a ended. These commenters cite the high entity, or instead may conduct the question about the authenticity of the turnover rate in their industry and state training. It also asks whether training training certificate provided by the that this requirement would create a offered by other motor carrier outlets driver. FMCSA considers the civil burdensome amount of paperwork. would be sufficient to fulfill the penalties and the ability of the employer FMCSA Response: FMCSA is requirement. to contact the training provider to be requiring the employer to record and TCIA considers it extremely sufficient safeguards against file documentation of training on these important that their member companies falsification. subjects so that the employer may

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demonstrate that the employer’s entry- the training provider if he or she has a and will not need to be further level drivers received the required question about the authenticity of the developed. training. The employers subject to this training certificate. FMCSA believes it The agency also agrees with Daecher rule already must have driver should prescribe only the minimum that a 90-day period for providing the qualification or personnel files to store necessary to allow the employer to training is adequate because only those the documents required by §§ 382.401, check the entry-level driver has received CMV drivers that began operating in 383.31, 383.33, 383.35, and 391.51. the training. The agency believes interstate commerce within the past 10 Record retention is not new to training providers will put this months are subject to training within employers subject to the FMCSRs. For information on the form as a good this 90-day grace period. An entry-level example, the records required by business practice. driver that began driving CMVs in § 382.401 are required to ‘‘be interstate commerce 10 months before Effective Date and Compliance Date maintained by the employer while the today’s final rule will have one-year’s individual performs the functions In the NPRM, FMCSA proposed to experience on the effective date of this which require the training and for two make the final rule effective 60 days rule, thereby subjecting the entry-level years after ceasing to perform those after the date of publication in the driver to this rule’s training functions.’’ See § 382.401(b)(4). In Federal Register and that employees requirement. Such a driver must be addition, the records required by who do not qualify for grandfathering trained within the 90-day grace period. § 391.51 are required to ‘‘be retained for must receive the required training Other entry-level drivers that began as long as a driver is employed by that within 90 days of the effective date. The driving CMVs in interstate commerce motor carrier and for three years CVSA, NGWA, NSTA, and McLane less than 10 months before today’s final thereafter.’’ See § 391.51(c). However, believe that two months will be an rule up to the effective date will also FMCSA has considered the comments of insufficient period of time to develop a have to have the training within the 90- NRMCA, PMAA, and CRMCA/CRPA compliant training curriculum, day grace period. A ‘‘student entry-level and its need to review records during a particularly if no new Model driver’’ who will begin operating a CMV compliance review at an employer’s Curriculum is issued by FMCSA on or in interstate commerce after the principal place of business. The FMCSA before the effective date of the rule. effective date of this final rule July 21, believes it will only need the employers NSTA believes it will take six months 2004, must receive the minimum to maintain training certificate records to a year from the time the final rule is training required by this action before for, at most, one year after the driver published for it to develop high-quality driving a CMV. Thus, all student drivers leaves the employer’s operation. training materials and educate will be subject to this rule after its Thus, FMCSA believes it is reasonable instructors to deliver new training for effective date. to change the record retention period to school bus drivers. Enforcement as long as the employer employs the NSTA, NGWA, McLane, and TCA driver and for one year thereafter. This state that requiring drivers who are not Three commenters ask how FMCSA will allow FMCSA to adequately enforce grandfathered to receive the training plans to enforce the new requirements. the requirement. within 90 days would strain the NSWMA is concerned about the resources of many employers, employer’s responsibility for Training Certificates depending on the time of year and the maintaining evidence of the training CVSA suggests two changes to make size and scope of the carrier’s content if its drivers obtain the required the training certificate a more effective operations. These commenters request training at a driver training school. The document. First, the proposed at least six months within which to commenter asks whether the carrier requirements should be stated as comply with the training requirement. must keep a copy of the training manual ‘‘requirements in accordance with TCIA requests that the grace period be from each training school. § 380.503.’’ Second, CVSA suggests no less than 90 days, stating that ‘‘the CVSA comments that a roadside adding the driver’s license number, the ninety day window to conduct, enforcement officer would not have e-mail address of the training provider, document, and record the additional access to any document that indicates and the date of issuance to the training training laid out in this proposal is an the driver is an entry-level driver. That certificate. absolute necessity.’’ information would only be available FMCSA Response: Section 380.515 Daecher believes that a 90-day period through a compliance review or safety now requires the training certificate to is adequate for providing the required audit. contain a statement that the driver has training. FMCSA Response: FMCSA is not completed the training in accordance FMCSA Response: The agency requiring the employer to keep a copy with § 380.503. The agency agrees that disagrees with TCIA, CVSA, NGWA, of the training manual from each the date of issuance of the training NSTA, and McLane that employers need training school. Agency field staff will certificate is important information to more time to develop training materials. verify driver entry-level training by include on the training certificate and The agency believes training materials reviewing the training certificate in the has added this requirement to the final and courses on the four areas are employer’s possession during safety rule. The agency disagrees that the commercially available today. compliance reviews and new entrant driver license number should be added Motorcoach and private contractor safety audits of motor carrier records. In to the training certificate because the school bus drivers are subject to the addition, today’s final rule requirements number may change if the driver same driver qualification file will be added to the checks the agency’s transfers his or her CDL to another State. requirements as truck drivers, and the staff already does for compliance with Likewise, the agency believes a training hours-of-service regulations for hazardous material training provider’s email address is not motorcoach and school bus drivers did requirements required by the Research necessary on the training certificate not change earlier this year, as they did and Special Programs Administration because it already contains the name, for truck drivers. Thus, the training (RSPA) under 49 CFR part 172, subpart address, and telephone number of the commercial sources have developed for H (§§ 172.700 through 172.704) that are training provider. The employer should HOS and driver qualification are already similar in form to what today’s final rule have sufficient information to contact available for the motorcoach industry requires. RSPA requires employers to

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check the content with the training that the funds expended could be used guidelines established by the PTDI for provider and documentation that each more effectively in other ways to its instructors on the amount of time it person has received the training. prevent crashes. suggests should be dedicated to teach UMA points out that because no this content and conversations with the Economic Analysis motorcoach driver schools exist, and FMCSA CDL program staff. It is All of the nine commenters that because only the largest motorcoach conceivable that the actual time addressed the economic analysis raise companies have in-house driver training required for an individual employer or concerns about the estimated costs and programs, costs to its smaller members its trainer may vary according to benefits in the NPRM and about the would be high. UMA states that there individual operating circumstances. methodology used in estimating those was a disconnect in the data used to The FMCSA stated in its evaluation costs and benefits. justify inclusion of the motorcoach that while ‘‘the impact of truck drivers’’ Brown Line, Inc. says that mandated industry because that data included training is presumed to be positive,’’ it training of all new entrants would create transit crashes and it is FMCSA’s intent also noted that ‘‘a few studies have an unnecessary burden on motor to exempt transit buses from the revealed ambiguous results’’ with regard carriers. TDI/CDI believes that proposed rules. to the relationship between driver extending its training program hours TCIA says that because its member training and safety. Many stakeholder ‘‘would cause severe economic stress to drivers are trained arborists their comments to the ANPRM stated or trainees who are training usually away estimated hourly rate is much higher (in implied that the relationship is positive, from home, as well as taking care of the $20 to 25 range) than the rates used and a number of case studies have family.’’ NSWMA, C. R. England, Inc., by FMCSA, and further that TCIA estimated a positive relationship. TCIA, UMA, NGWA, and CVSA, all members were not even considered in However, given the ambiguity of past raise questions about the methodology the NPRM’s cost estimates. research results, the FMCSA used by FMCSA in estimating the costs CVSA says that FMCSA’s hourly approached the benefits analysis in and benefits of the proposed rule. estimates are woefully inadequate terms of the number of crashes the NSWMA says that FMCSA appears to because most training programs range proposed rule would have to deter to be have come up with numbers to meet a from two to nine weeks depending on cost beneficial (or what is sometimes predetermined outcome instead of using the category of training. referred to as ‘‘threshold analysis’’). data based on facts and science. ATA FMCSA Response: FMCSA believes Responding to C. R. England’s questions how FMCSA plans to evaluate that clarifying language added to this statement ‘‘that its average cost per the true impact of the regulation given final rule will alleviate some of the accident is at least 30 percent less than its estimate that 285 crashes would have specific concerns and questions raised FMCSA’s assumed cost,’’ and TCIA’s to be avoided each year for the rule to by Brown Line, Inc., on mandating assertion that ‘‘because its members’’ be beneficial. C. R. England raises training for all new entrants that would drivers are trained arborists their numerous questions and concerns create an unnecessary burden to estimated hourly rate is much higher (in related to the economic evaluation. It carriers. Additionally, FMCSA revised the $20–25 range) than the rates used by questions what crash statistics were its economic evaluation in developing FMCSA,’’ the agency’s preliminary evaluated, the sample size, number of the final rule (changes are documented regulatory evaluation used average crash programs analyzed, how they were in the section entitled, ‘‘Summary of cost statistics and wage rates taken from selected, and how the crashes were Costs and Benefits’’ elsewhere in this national-level studies and/or data correlated with the training received. C. document), and these changes, which sources. Specifically, the agency R. England states that its average cost affected the total costs and threshold obtained crash cost data from a study per crash is at least 30 percent less than analysis of the rule, should alleviate entitled, ‘‘Costs of Large Truck- and FMCSA’s assumed cost. some concerns. Brown Line, Inc. did not Bus-Involved Crashes,’’ developed for C. R. England also questions the study offer specific examples or data on what FMCSA by Dr. Eduard Zaloshnja, Dr. cited to support the return on it deems to be an unnecessary burden Ted Miller, and Rebecca Spicer, which investment (ROI). England stated that and as a result, FMCSA was unable to comprehensively estimated crash costs the study cited to support the ROI review its evaluation or consider as a function of the medical, emergency (Schneider National, Inc.), indicated specific changes in response. Likewise, services, property damage, lost that driver training reduced accidents the agency was unable to review its productivity and pain, suffering, and by 40 percent and used training specific evaluation or consider specific changes quality of life-related costs associated to hazardous driving conditions. It in response to TDI/CDI comments on with large truck and bus crashes. The believes this is not the type of training extended training program hours Zaloshnja, Miller, and Spicer study FMCSA proposed and therefore the causing severe economic stress to estimated these costs for all large truck study should not be used to support the trainees who are training away from and bus crashes at a national level. In ROI for the proposal. It also states that home. TDI/CDI provided no supporting its NPRM evaluation, FMCSA estimated the ROI is based on the assumption that data or specific examples. the anticipated impacts of its proposal implementing this rule would deter In response to CVSA’s comment that to society, which includes the affected between 285 and 315 truck-related FMCSA’s hourly estimates are woefully industry, state and local governments, crashes each year, but that it was never inadequate because most training and the traveling public. Given this established that the type of training programs range from two to nine weeks, focus, FMCSA usually initiates these being required has any direct effect on as well as TDI/CDI comments, FMCSA types of evaluations at the national these specific types of accidents. It has stated that it is not mandating a level, and generally uses, when states that auditing costs were not specific number of training hours as part available, average wage, crash, and included in the ROI calculation. of the final rule. The 10 hours of crash cost statistics that represent the C. R. England further states that if it additional training anticipated for entry- industry and society as a whole. As was able to eliminate all avoidable level truck, motorcoach, and school bus such, FMCSA is not able to estimate the crashes in a year it would only recover drivers, are estimates that were derived impacts of a rule to very small subsets 8 to 13 percent of the cost of for the purposes of estimating the of the industry, such as a particular implementing the proposed training and economic impacts. They were based on carrier or a unique segment, and is

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unlikely to use estimates provided by a they will be uniform with the federal employers engaged in interstate single organization in its calculations, regulations—avoiding the likelihood of commerce. The agency recognizes the unless the agency is unable to locate misinterpretation by enforcement right of Indian tribes to promulgate more nationally representative data. officers?’ training requirements for entry-level FMCSA does not dispute that C. R. UMA states that FMCSA’s assumption drivers of their tribe while these drivers England’s crash costs may be 30 percent in its Regulatory Flexibility analysis that are operating on Indian territory. less than FMCSA’s national level only companies with six or fewer However, these tribal entry-level drivers estimates or that TCIA’s average wage drivers are to be considered small are subject to FMCSA jurisdiction if rates may be higher than the industry as businesses is in error. According to they operate in interstate commerce. a whole. UMA, the Small Business Responding to UMA’s statement that Administration (SBA) considers Miscellaneous there was a disconnect in the data used motorcoach companies to be small CVSA suggests that the proposed to justify inclusion of the motorcoach based on the North American Industry rules should be located in part 383, industry because that data included Classification System (NAICS) coding. which contains other CDL driver related transit crash data, again, FMCSA Under the NAICS codes (Subsector 485) regulations. Locating these rules in a generally uses national-level crash cost a motorcoach company is considered to new part 380 will create confusion for estimates to evaluate the impacts of its be a small business if its annual both enforcement officials and industry, rules on society. The crash cost revenues are $6 million or less. For according to CVSA. CVSA also suggests estimates used in this evaluation are truck companies (Subsector 484) the correcting a typographical error in aggregated averages, and are not useable threshold is significantly higher at $21.5 § 380.509 by changing ‘‘the employer or if FMCSA tries to exclude one particular million. The number of employees is potential employee’’ to ‘‘the employer or subset of the larger industry. As such, not used by the SBA in the potential employer.’’ the agency reports the average crash determination for small business ‘‘size.’’ FMCSA Response: FMCSA is costs for crashes involving large trucks. According to UMA, if the SBA correcting the typographical error. Additionally, contrary to UMA’s belief definitions are incorporated into the FMCSA, however, does not agree with that the crash cost data were used to NPRM size determination, the universe the CVSA’s comment about co-locating justify the motorcoach industry’s of businesses affected becomes much the training requirements in 49 CFR part inclusion in the rule, the crash cost data greater. UMA and the SBA have 383. The training requirements are were simply used to estimate the level determined that as much as 95 percent similar to the training requirements for at which the rule would become cost- of the motorcoach industry meets the drivers of longer combination vehicles beneficial if implemented (based on the SBA definition of ‘‘small business.’’ that are located in 49 CFR part 380, and average cost of a large truck crash). FMCSA Response: In reference to the agency believes this part should FMCSA uses such an approach NGWA comments about the inclusion of include all general driver training (sometimes referred to as threshold employer paperwork costs, the FMCSA requirements. analysis) because of the above-noted did estimate the ‘‘opportunity cost’’ of uncertainty with trying to estimate this rule to the driver (whether owner- Rulemaking Analyses and Notices specific, quantitative benefits of a operator or not). This is the cost of the Executive Order 12866 (Regulatory training-related rule. This approach driver/owner-operator participating in Planning and Review) and DOT helps the reader and policy makers gain training, and thereby unable to use this Regulatory Policies and Procedures a broader understanding of how likely time to generate revenue for the the rule is to be cost beneficial, given company. Traditional estimating The FMCSA has determined that this the number of crashes motor carriers techniques for opportunity cost base action is a significant regulatory action would have to avoid. As noted above, these on an hourly cost equal to the within the meaning of E.O. 12866, and the agency included the ‘‘private sector’’ driver’s wage rate. In the NPRM is significant within the meaning of the portion of the motorcoach industry in analysis, the agency used a national- Department of Transportation’s its original training adequacy study, as level average wage rate for truck and bus regulatory policies and procedures well as in the NPRM and in the final drivers, including fringe benefits. The (DOT Order 2100.5 dated May 22, 1980; rule, because the agency had interpreted wage data make no distinction between 44 FR 11034, February 26, 1979) that Congress intended to include only those drivers who are owner-operators because of significant public interest in ‘‘private sector efforts.’’ and those drivers working for an the issues relating to CMV safety and employer. training of certain CMV drivers. The Regulatory Flexibility Act—Small In response to the UMA comment, final rule has been reviewed by the Business Concerns ‘‘FMCSA’s assumption in its Regulatory Office of Management and Budget under The NGWA strongly disagrees with Flexibility analysis that only companies E.O. 12866. agency statements that its NPRM with 6 drivers or less are to be The agency is adding § 380.500 to imposes a modest burden on small considered small businesses is in error,’’ specify when employers and drivers entities because it largely proscribes the FMCSA has revised its regulatory must comply with this final rule. The actions of drivers rather than motor flexibility analysis to evaluate the effective date cited in the DATES heading carriers. NGWA states the small impact on companies by SBA’s at the top of this document is the date business owner-operator is still the definition using annual revenue class. that the final rule amendments affect the person doing the paperwork. While that FMCSA presents the results elsewhere current Code of Federal Regulations individual is doing paperwork, he or in today’s final rule under the heading published by the Government Printing she cannot be working safely at the drill ‘‘Regulatory Flexibility Act.’’ Office. Employers and drivers may site and creating revenue. Also, NGWA The agency’s authority to promulgate begin to comply with this final rule on cites FMCSA’s statement that there are entry-level driver training requirements or before the effective date for this final no current state or tribal regulations that can be found in 49 U.S.C. 31131, 31133, rule. overlap with the proposal, asking ‘‘How and 31136, and Sec. 4007(a)(2) of FMCSA is making the effective date do you plan to ensure that if various ISTEA. States do not have the authority 60 days after the date of publication in states and tribes adopt similar statutes, to preempt Federal safety regulation of the Federal Register. Drivers who first

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began operating a CMV in interstate The FMCSA has conducted a the rule are lower ($121 million for the commerce requiring a CDL between 10 regulatory evaluation of this final rule in final rule versus $173 million in the months before today’s final rule and five accordance with Executive Order 12866, NPRM). The increase in first-year costs months after today’s final rule must ‘‘Regulatory Planning and Review.’’ The and decrease in total costs are due to receive the training required no later FMCSA estimates today’s final rule to several revisions made to the analysis as than the end of the five-month period. cost $26 million in the first year of FMCSA obtained, or was presented The agency will be using the Federal implementation and $14 million with, additional or new information Register’s date calculation method and annually thereafter (undiscounted). The between the NPRM and final rule stages. the date may be slightly longer higher costs in the first year are the Regarding first-year costs, FMCSA depending upon whether a weekend or result of this rule’s impact on some initially failed to include the first-year Federal holiday occurs at the end of the existing drivers (i.e., those with less costs associated with training existing 90-day period. than 12 months of experience), who drivers with less than 12 months of driving experience. Offsetting these After the five-month period, a driver must undertake the required training additional costs, the agency removed or potential driver having less than one within the first 90 days of the rule’s the costs associated with training year experience operating a CMV for implementation. Total discounted costs existing drivers with 12 to 24 months of which 49 CFR part 383 requires a CDL, of this rule are $121 million over 10 experience previously affected by the must receive the training required by years. If the higher first-year costs are ‘‘grandfather’’ clause as defined in the this subpart before operating a CMV spread out evenly over the 10-year analysis period to achieve the same total NPRM. Because the final rule eliminates defined in § 383.5 in interstate discounted cost of $121 million, the this ‘‘grandfather’’ provision for drivers commerce. average annual cost of the final rule is with 12 to 24 months of interstate Section 380.500 is only necessary for $16 million (undiscounted). The commercial driving experience, FMCSA a limited period until all affected FMCSA derived this $16 million removed these costs from the analysis. employers learn about the new rule, average annual undiscounted cost Regarding total costs, the agency had begin complying with it, and the 90-day estimate so that it could estimate the initially included in the analysis for the grace period have passed. Therefore, the number of crashes that would have to be NPRM, the cost of training entry-level FMCSA has added language to the avoided each year for the rule to be cost drivers operating both in interstate and DATES section that will only make this beneficial (i.e., threshold analysis) and intrastate commerce. Because the final section effective in the Code of Federal for use in the small business impact, or rule specifies that only entry-level Regulations temporarily from the regulatory flexibility, analysis. drivers operating in interstate commerce effective date through June 30, 2005. At an average cost per truck-related must comply with today’s final rule, the After June 30, 2005, the Government crash of $79,873 (including fatal, bodily agency adjusted downward its estimate Printing Office will remove this section injury, and property-damage-only of the number of entry-level drivers who from the Code of Federal Regulations. crashes) in 2002 dollars, this final rule must receive training under this final Thus, the October 1, 2005, edition and would have to prevent 201 truck-related rule. Additionally, the final rule makes all subsequent editions of the Code of crashes in each year of the analysis explicit that only non-governmental Federal Regulations will not contain period to be cost-beneficial. For the sector entities are subject to these entry- § 380.500. 32,400 entry-level drivers that must level training requirements, which receive training in any given year, the resulted in a significant downward Summary of Costs and Benefits agency estimates this represents a 5- revision in the number of school bus Background percent reduction in the anticipated drivers affected, because the vast crashes they would have had, if it majority work for local governments and This final rule is required by the assumes their crash risk is roughly equal the vast majority of school bus trips are Intermodal Surface Transportation to that of the industry average. Because intrastate in nature (i.e., home-to-school Efficiency Act of 1991. The FMCSA the crash risk profile of entry-level and vice versa). This reduction in the proposed that entry-level commercial drivers is likely to be significantly number of affected drivers reduced the drivers receive mandatory training in higher than the overall driver overall costs of the final rule. the following content areas: driver population (due to their lack of driving Additionally, the initial analysis qualifications, hours of service of experience relative to all other drivers), included in the NPRM estimated the drivers, driver wellness, and whistle it is reasonable to assume that less than training that would be required for blower rights. This final rule will a 5-percent reduction in crashes by this entry-level truck and motorcoach require an applicant to complete entry- driver group would be required for this drivers at 10.5 hours. Because the final level driver training that includes these rule to be cost-beneficial. The 201 rule eliminated the instruction for four content areas and furnish a copy of crashes represent five one-hundredths alcohol and controlled substances the training certificate to the employer of one percent (or 0.05 percent) of the testing, FMCSA reduced its estimate of in cases where someone other than the average total number of truck-related the average number of training hours employer provides the training. An crashes reported annually (estimated at necessary to instruct entry-level drivers employer could not allow an entry-level 445,000 in 1999 and 2000). in the four content areas by one-half driver to operate a CMV on the public hour from 10.5 hours to 10 hours. road in interstate commerce unless the Analytical Revisions Between NPRM Finally, because the entry-level training driver has received the required training and Final Rule Stages rule would apply only to school bus and the employer receives the FMCSA notes here that its estimates drivers employed by non-governmental documentation of training. The one of the costs associated with this rule entities (mostly contractors to local exception would be within the first have been revised since the issuance of educational agencies), FMCSA three months of the rule, when existing the NPRM analysis. Specifically, while increased the number of hours of drivers with 12 months of driving its estimates of the first year costs are training required for these drivers from experience within the industry would higher ($26 million for the final rule 4.5 hours to 10 hours. be allowed 90 days from the effective versus $25 million in the NPRM), the FMCSA provides a summary of costs date to acquire the mandated training. total discounted costs associated with in the next section. For a complete

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discussion of the assumptions made, operating in interstate commerce for little difference from the perspective of data used, and analysis performed in FMCSA-regulated entities reveals that this economic evaluation, because such this regulatory evaluation, please refer 78 percent of drivers were operating in costs represent transfers between one to the docket, where the agency has interstate commerce, while 22 percent industry party and another. The goal of placed a copy of the full regulatory were operating in intrastate commerce. this regulatory evaluation is to estimate evaluation. This is surely an overestimate of the the impacts to society as a result of the rule’s implementation. The group of Costs number of drivers operating in interstate commerce as a percent of total drivers, industry participants to whom the costs The largest cost component of this because the MCMIS database only apply is of lesser immediate concern (at rule is the cost to provide training to contains information on motor carriers least until the small business impact, or entry-level operators of trucks, school required to register with FMCSA regulatory flexibility, analysis is buses, and motorcoaches over 26,000 (generally those operating large CMVs in performed). With regard to the training pounds GVWR. Training costs include interstate commerce). Therefore, it does costs associated with this rule, it is both the direct cost to train drivers and not adequately represent the population likely that in some cases the employer the (opportunity) cost of drivers’ time. of motor carriers (and thus drivers) will provide the training for its existing The two key factors in estimating the operating solely in intrastate commerce. entry-level drivers and for those new training costs are the number of drivers Additionally, data from the 1997 drivers entering its workforce each year, who will need training and the training Commodity Flow Survey indicate that whereas in other cases, employers might hours they will have to undertake. 54 percent of shipments moved by for- expect that new drivers who wish to The FMCSA estimates that employers work for them would have already or training entities will teach, on hire truck (as measured in tons) traveled less than 50 miles (FMCSA presumes acquired such training. With regard to average, 10 hours of coursework to owner-operators, they alone would most entry-level drivers of trucks, school most of these shipments would be intrastate shipments). In the case of likely incur the full cost of training, buses, and motorcoaches in the four given their dual roles as driver and subject areas. FMCSA estimates the two shipments moved by private trucks (again, as measured in tons), the company owner. content areas of driver qualifications In estimating the number of entry- percentage that traveled less than 50 and hours of service together would level school bus drivers affected by this miles was 79 percent. Given the above consume about 5.5 hours of training rule, our March 24, 2004 (69 FR 13803) time (down from the 6 hours estimated data, it is reasonable to assume that the ANPRM withdrawal notice addressing in the NPRM when alcohol and drug ratio of interstate carriers to the total interstate school bus operations of local testing training had been proposed). The motor carrier population is closer to 50 educational agencies revealed that about driver wellness training would also percent, and that the breakdown of one third of school bus drivers worked consume about 4 hours, while FMCSA interstate drivers relative to the total for non-governmental entities (or those estimates coursework on whistle blower driver population would also be closer that would be subject to this rule). protection should consume about 30 to 50 percent. However, in cases where However, not all of these drivers would minutes. FMCSA based the training employers provide the training for their be expected to receive training that hours estimate for all drivers on entry-level drivers, the FMCSA believes would allow them to operate school information provided in the instructor’s it is logical to assume that the motor buses in interstate commerce, because guide for the Professional Truck Drivers carrier would plan to train a greater the number of non-home-to-school Institute’s (PTDI) accredited training proportion of its entry-level drivers than interstate trips by local education courses, the instructor’s guide for the that necessary to meet the short-term agencies represent less than 1 percent of Model Curriculum for motorcoach requirements of the regulation. Doing so all school district trips. And, as was the drivers, and discussions held with provides the carrier with greater case with entry-level truck and FMCSA CDL program staff in the Office flexibility in scheduling freight and motorcoach drivers, FMCSA assumed of Safety Programs. passenger movements, should the that a non-governmental employer Using data from the Bureau of Labor proportion of its interstate-based would train one and one-half times Statistics (BLS), the total number of shipments and charters suddenly more drivers than would be entry-level truck drivers entering the increase. At the same time, FMCSA immediately required by this final rule, industry is estimated at 58,600 per year believes that these carriers are highly because this provides the employer with for the next 10 years, while the entry- unlikely to train 100 percent of their short-term flexibility in its operations, level drivers required for growth and entry-level drivers to operate in should the need for interstate school bus replacement for the school bus and interstate commerce if only half its trips increase suddenly. motorcoach industry are estimated at revenue is generated by such business, Therefore, in examining the total 17,800 and 2,100 per year, respectively, because doing so would result in a sunk number of entry-level drivers also over the next 10 years. As is cost with little potential ROI. As such, potentially affected by this rule in any discussed below, only a certain FMCSA assumed in this analysis that on given year, FMCSA incorporates the percentage of these drivers must comply average carriers would train 75 percent adjustments discussed above. For entry- with today’s final rule. of their entry-level truck and level truck drivers, a maximum of The BLS data make no distinction motorcoach drivers, thereby allowing 43,950 (or 75 percent of 58,600) must between those drivers operating in them to operate in interstate commerce. comply, although a further adjustment interstate commerce and those operating Also, in using the 75-percent is discussed below. For entry-level in intrastate commerce. Because the assumption, FMCSA ensures that it will motorcoach drivers, the number is 1,575 final rule specifies that its requirements not underestimate the number of entry- (75 percent of 2,100). And for entry- apply only to entry-level drivers level truck and motorcoach drivers who level school bus drivers, the number is operating in interstate commerce, will receive training as a result of this 85 (or one percent of the 32 percent of FMCSA adjusted the above estimates rule. With regard to whether the 17,800 entry-level drivers entering the accordingly. Data obtained from the employer actually provides the training industry each year, multiplied by 1.5). Motor Carrier Management Information to entry-level drivers or the drivers Regarding entry-level truck drivers, an System on the number of drivers themselves fund the training makes additional issue must be considered:

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The number of entry-level truck drivers entities, this rulemaking will result in agency used it because entry-level who graduate from training courses that 10 hours of additional training for each drivers generally earn at the low range already teach the content addressed entry-level driver. Therefore, for the 85 of the industry wage standards. Again, under this final rule. In this analysis, entry-level school bus drivers affected 31 percent is added to cover the cost of FMCSA assumed that 30 percent of the by this rule each year, FMCSA estimates fringe benefits, resulting in a total applicable entry-level heavy truck a total of 850 hours of training per year. hourly wage estimate of $13.07 per drivers (or 13,185 of 43,950 total) would To be conservative, FMCSA used a hour. not need any additional training, as they figure of $25 per hour of training in this Regarding a school bus driver’s wage, are assumed to attend a PTDI or similar analysis to calculate the direct costs of FMCSA used a figure of $7.67 per hour accredited training program (i.e., PTDI training (calculated via an average cost obtained from the BLS 2001 National accredited courses already include these of $4,000 per training course divided by Occupational Employment and Wage content areas in their curriculum). 4 weeks divided by 40 hours per week). survey. This figure represents the 25th FMCSA bases this assumption on This translates into $250 of direct percentile wage estimate for an entry- information obtained regarding the training costs for a 10-hour course. The level school bus driver and the agency number of accredited programs as a agency believes that this is a reasonable used it because entry-level drivers percent of total driver training estimate of the total hourly cost to train generally earn at the low range of the programs. For the remaining 70 percent drivers (whether or not the training is industry wage standards. Again, 31 (or 30,765 entry-level truck drivers), provided by the employer or a third percent is added to cover the cost of FMCSA assumed that the potential party) because it falls well within the fringe benefits, resulting in a total drivers either receive training from a range of training cost estimates provided hourly wage estimate of $10.05 per non-accredited training program or they in comments to the ANPRM. In reality, hour. receive informal training from the employer-based training could very well To get the total unit cost of training employers. Therefore, this 70 percent of be less than $25/hour in certain cases per hour (i.e., including both direct entry-level truck drivers would require (i.e., assuming new physical space is not training costs and the drivers’ cost of approximately 10 hours of training per leased by the employer to conduct the time), FMCSA added the relevant driver on the four subject areas training, the training is self-directed by estimate of the driver’s wage rate for mentioned above. The total hours of the driver, and/or the training is truck, school bus, and motorcoach training provided under the final rule computer-based), but to be conservative drivers to the average hourly cost of for the entry-level heavy truck drivers is the agency used the same figure whether training discussed earlier. For example, estimated at 307,650 hours per year. For the training was employer-or third for an entry-level truck driver, the unit those drivers who already receive some party-based so as not to underestimate cost of training is $44.32 an hour type of formal (yet non-accredited) employer and/or driver costs. It is likely ($19.32 of foregone driver wages plus employer-or third-party training, it is that some employers (and third-party $25 in actual training costs). For entry- quite possible that employers (or third- providers) may take advantage of level motorcoach drivers, it is $38.07 party training providers) might reduce computer-based (i.e., web-based, self- per hour ($13.07 of foregone driver the amount of training time spent on directed) training to provide entry-level wages plus $25 in actual training costs) other, non-required subject matter, so drivers with the necessary instruction, and for entry-level school bus drivers, that the net increase in training per since such training is generally less FMCSA estimates the total training cost truck driver would be less than 10 costly than more traditional classroom- at $35.05 per hour ($10.05 of foregone hours. However, in the absence of style training in cases where many driver wages plus $25 in actual training specific information on the types of drivers must be trained. However, in the costs). subject matter that training entities absence of estimates on the percentage Taking these hourly training costs for might omit from these training programs of drivers that would likely utilize each type of entry-level driver (based on to offset the new training costs, FMCSA computer-based training methods, we median wage rates and an average assumed a net increase of 10 hours for assumed all would partake in more hourly cost of training) and applying estimating the costs of this rule. traditional (classroom-style) methods to them to the average 10 hours of training FMCSA assumes that the additional obtain the necessary training. for each type of driver and the number hours of training for an entry-level To arrive at a truck driver’s wage rate, of entry-level drivers in each category, motorcoach driver would be 10 hours. FMCSA used a figure of $14.75 per the agency developed an estimate of The instructor’s guide to the Model hour, which is an average from three total annual training costs of this rule. Curriculum for training motorcoach recent national wage/employment To do so, FMCSA multiplied the drivers includes 5 hours of logbook surveys (including the Current hours of training required for each type training but only about an hour on Population Survey). FMCSA added 31 of driver by the total number of drivers safety and wellness issues (including percent to cover the cost of fringe in that driver group per year by the topics such as the correct lifting of benefits, an estimate developed in the applicable hourly wage rate to drivers in heavy objects and identifying prohibited Hours of Service of Drivers regulatory each group (including direct wage and cargo). The FMCSA does not have evaluation. (It is a weighted average of costs of training). The result is an information on the proportion of entry- the fringe benefits for private and for- annual training cost of $14 million (after level motorcoach drivers following hire carriers, based on data from the rounding) for the 32,400 entry-level training under the Model Curriculum. ATA and the BLS.) The 31 percent truck, motorcoach, and school bus Therefore, the FMCSA estimates that increase brings total compensation to drivers affected by this rule. 1,575 entry-level drivers of $19.32. Note however, that in the first year of motorcoaches would require 10 hours of Regarding a motorcoach driver’s the rule’s implementation, currently training on driver qualifications, hours wage, FMCSA used a figure of $9.98 per employed drivers with less than 12 of service for drivers, driver wellness, hour obtained from the BLS 2001 months of driving experience will be and whistle blower protection for a total National Occupational Employment and required to return for training in the of 15,750 hours of training per year. Wage survey. This figure represents the four content areas specified above. Regarding entry-level school bus 25th percentile wage estimate for an Therefore, FMCSA expects an drivers working for non-governmental entry-level motorcoach driver and the additional 32,400 drivers with less than

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12 months of driving experience to record-keeping cost of roughly $100,000 study results about the impact of return for training within 90 days of the (undiscounted, after rounding). training on CMV crash reduction. This rule’s effective date. Because there is a However, as was done for the training variability is most likely due to the wide 60-day period between today’s final rule costs, the record issuance and filing variation in quality of driver training and its effective date, the percentage of costs of the rule will be 83 percent programs and the difficulty associated drivers with 11 to 12 months of driving higher in the first year, given that there with estimating statistically the experience today (or 17 percent, will be an additional 27,000 drivers relationship between a single input assuming an equal distribution of new with 10 months or less of driving (training) and an outcome (safety) when drivers each month) will become experience for whom training working with very large data sets. exempt from the rule’s training certificates will be issued in the first However, several case studies reveal requirements upon its effective date. year. (In addition to the 32,400 new that driver-training programs reduced Therefore, 27,000 entry-level drivers drivers for whom FMCSA assumed crashes by two to 40 percent. Because of with 10 months or less of driving employers or training entities must the relatively modest costs (estimated at experience will be required to return for issue training certificates.) As a result, an annual average of $16 million training within the first year of this rule. first-year record issuance and filing (undiscounted, after rounding), today’s These 27,000 drivers represent 83 costs will equal almost $200,000, and final rule would have to deter up to 201 percent (or 10 of 12 months worth) of annual record issuance and filing costs truck-related crashes (fatal, injury- the original 32,400 entry-level drivers in thereafter will be roughly $100,000 related, and property-damage-only the industry with less than 12 months (undiscounted). Additionally, FMCSA crashes combined) each year in order to of driving experience. The cost to train expects that the record-keeping be cost beneficial (i.e., where the rule’s these 27,000 drivers is roughly $12 requirement will be multi-year in benefits exceed its costs). million in the first year (or 83 percent nature, because the final rule states that To develop the estimate of the of the $14 million required to train all employers must maintain training number of truck- and bus-related 32,400 new drivers in the first year of certificate records for one year beyond crashes that must be avoided each year this rule). Note that in years 2 through the date the driver’s employment ends for the rule to be cost beneficial, FMCSA 10 of the analysis period, the average with an employer. For this analysis, the used crash cost estimates from a recent annual training costs are just $14 agency assumed that employers would study by Zaloshnja, et al., which million (undiscounted), or the amount maintain each driver’s training estimated the average cost of a crash required in training costs for 32,400 new certificate an average of three years. As involving a large truck (i.e., those with drivers entering the industry in that such, in years 2 through 10 of the more than 10,000 pounds gross vehicle year. analysis period, annual record retention weight) at $79,873 (in 2002 dollars). costs of this final rule are roughly Dividing the average annual In addition to training costs for entry- $300,000. Regardless of whether the undiscounted costs of the rule ($16 level drivers, FMCSA estimated record- agency assumed employers would retain million) by this average cost per truck- keeping costs for drivers or their entry-level driver training certificates related crash ($79,873) allows us to employers who must file and retain a two or three years as the average time, arrive at the cost-beneficial threshold of training certificate as proof that the the total discounted costs of this rule 201 annual crashes. To be cost- training occurred. FMCSA had no data did not change significantly. beneficial, the rule must prevent 201 to determine what percentage of existing The agency also estimated a marginal crashes by the 32,400 entry-level drivers certificates would meet today’s cost to inspect these entry-level driver- affected by its provisions each year. For requirements, so it assumed all training certificates, which the agency the 32,400 entry-level drivers FMCSA employers of entry-level drivers must estimated would occur as part of a estimates must comply in any given receive and store a training certificate. motor carrier compliance review year by this rule, this represents a 5- The agency recognizes that in many (because no new auditing programs percent reduction in their crashes if cases a new training certificate may not were discussed in detail). However, FMCSA assumes their crash risk is have to be issued (if the existing because in recent years compliance roughly equal to that of the industry certificate contains the necessary reviews have been conducted on fewer average. Because intuitively FMCSA information regarding the supplemental than two percent (or 10,000 of 650,000) knows that the crash risk profile of training required in the four content of all motor carriers in a given year, and entry-level drivers is much higher than areas discussed above). The Paperwork the time to review entry-level driver that for the overall driver population (as Reduction Act analysis for this rule training certificates would most likely is the case with new versus experienced estimates that the handling costs for be less than one minute per record, the employers), FMCSA would anticipate each driver-training certificate is 10 additional costs associated with this that less than a 5-percent reduction in minutes per year. Using the average activity were so low that they did not crashes by this driver group would be hourly wage rates for new truck, change the annual cost estimates after required for this rule to be cost- motorcoach, and school bus drivers rounding. beneficial. discussed above (including fringe Total first-year costs associated with Additionally, FMCSA anticipates that benefits), and dividing by 60, FMCSA this rule equal $26 million, with annual the likely reduction in crashes may also obtains a ‘‘per minute’’ wage rate with costs in years 2 through 10 equal to $14 result in carriers having lower insurance which to estimate record-keeping costs. million (undiscounted). Total bills. The extent to which their To a per minute wage rate of $0.32, discounted costs for this rule over the premiums would fall is unknown, as the $0.17, and $0.22 for entry-level truck, 10-year analysis period are $121 specific reduction in crashes is school bus, and motorcoach drivers, million. unknown. Because of the level of respectively, FMCSA multiplied 10 uncertainty, FMCSA did not attempt to minutes of record-keeping costs per year Benefits estimate this benefit. While a reduction for the applicable 32,400 drivers The total number of crashes in insurance rates may be a benefit to a entering the industry each year (30,765 potentially avoided by the final rule (or carrier, it is not a social benefit. The truck, 1,575 motorcoach, and 85 school direct benefits) is difficult to quantify, lower rates primarily reflect a bus drivers). The result is an annual largely because of the variability in monetized value of the reduction in

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crash costs. In other words, premiums Objective and Legal Basis for This NAICS Code 485410, ‘‘School Bus go down by the amount insurance Action Service,’’ indicates that 96 percent of claims have fallen, so including this as The objective for this action is to school bus service firms had less than a benefit would be double counting. A reduce the number of crashes caused by $5 million in annual sales in 1997 reduction in the real cost of entry-level CMV drivers. Congress was (which most closely corresponds to the administering insurance would specifically concerned about the SBA threshold of $6 million for this constitute a real net benefit. However, it number of crashes caused by inadequate group of carriers). is unlikely that any such reductions driver training, and believes that better Because the FMCSA does not have would be substantial. training will reduce these types of annual sales data on private carriers, it The 201 crashes that must be avoided crashes. As noted above, the legal basis assumes the revenue and operational for the rule to be cost beneficial for this rule is section 4007(a)(2) of the characteristics of the private trucking represent five one-hundredths of one Intermodal Surface Transportation firms are generally similar to those of percent (or 0.05 percent) of the average Efficiency Act of 1991. the for-hire motor carriers. Regardless of total number of truck-related crashes which of the above percentages is used reported annually (estimated at 445,000 Number of Small Entities to Which the (99, 94, or 96 percent), FMCSA in 1999 and 2000). Action Applies estimates that over 600,000 of the A complete copy of the regulatory This action applies to those small evaluation is in the public docket. approximately 650,000 total motor entities regulated by the FMCSA that carriers in the MCMIS Census File meet Regulatory Flexibility Act hire entry-level truck, school bus, and the definition of small businesses. motorcoach drivers. It is difficult to In compliance with the Regulatory determine exactly how many small Recall that the agency estimated that Flexibility Act (5 U.S.C. 601–612), the employers will be affected by this final employers would hire 32,400 entry-level agency has evaluated the effects of this rule, because it is not known year-to- drivers affected by this rule each year on rulemaking on small entities. In year how many small employers on average by the motor carrier industry. addition, DOT policy requires an average would be likely to hire an entry- Also recall that total discounted analysis of the impact of all regulations level driver. However, as of June 2003, compliance costs of this final rule were (or proposals) on small entities, and there were 650,000 motor carriers on the estimated at $121 million over the 10- mandates that agencies strive to lessen FMCSA’s Motor Carrier Management year analysis period (2004–2013), or an any adverse effects on these businesses. Information System (MCMIS) census average annual cost of $16 million The Regulatory Flexibility Analysis file. This includes both for-hire and (undiscounted) in compliance costs. must cover the following topics. The FMCSA divided the average annual (1) A description of the reasons why private motor carriers. The Small Business Administration (SBA) defines cost of $16 million by the 32,400 entry- the action by the agency is being level drivers affected by the rule each considered. small businesses in the motor carrier industry based on thresholds for average year, and arrived at an average (2) A succinct statement of the compliance cost of less than $500 per objectives of, and legal basis for, the annual revenues, below which SBA considers a motor carrier small. For driver, whether the cost is incurred by final rule. drivers who are owner-operators or by (3) A description, and where feasible, trucking companies, the threshold is $21.5 million in annual sales, while for the employer providing the training for an estimate of the number of small each of its entry-level drivers). As stated entities to which the final rule would the motorcoach and related industries the threshold is $6 million in annual above, FMCSA does not know how apply. many small firms would be hiring one (4) A description of the projected sales. Data from the 1997 Economic or more of these entry-level drivers in reporting, record-keeping, and other Census (U.S. Census Bureau), North any given year, although with 87 compliance requirements of the final American Industrial Classification percent of the industry employing six or rule, including an estimate of the classes System (NAICS) Code 4841, ‘‘General fewer drivers, it is reasonable to assume of small entities that will be subject to Freight Trucking,’’ indicates that 99 that any single small trucking company the requirement and the types of percent of ‘‘general freight’’ trucking would be hiring no more than two professional skills necessary for firms had less than $25 million in drivers per year on average. As such, preparation of the report or record. annual sales in 1997 (which most each small carrier (whether an employer (5) An identification, to the extent closely corresponds to the SBA or owner-operator) would incur, on practicable, of all relevant federal rules threshold of $21.5 million for motor average, between $500 and $1000 in that may duplicate, overlap, or conflict carriers). In the case of passenger (or compliance costs per year to hire at with the final rule. motorcoach) carriers, the 1997 Economic Census NAICS Code 4855, most two entry-level drivers affected by Reason the Action Is Being Considered ‘‘Charter Bus Industry,’’ indicates that this rule. Section 4007(a)(2) of the Intermodal 94 percent of charter bus firms had less Data from the 1997 Economic Census, Surface Transportation Efficiency Act of than $5 million in annual sales in 1997 NAICS Code 4841 (General Freight 1991 directed the Secretary of (which most closely corresponds to the Trucking), NAICS Code 4855 (Charter Transportation to undertake a SBA threshold of $6 million for Bus Industry), and NAICS Code rulemaking on the need for training for passenger carriers). In the case of school 4854101 (School Bus Service), are entry-level CMV drivers. bus service, the 1997 Economic Census contained in the following three tables.

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TABLE 1.—AVERAGE ANNUAL REVENUES OF SMALL TRUCKING FIRMS [NAICS Code 4841, General Freight Trucking]

Compliance costs Number of firms Average annual ($1000) Revenue size (percent of revenues as percent of segment total) per firm annual revenues (millions) per firm

Less than $25 million ...... *27,609 1.33 0.08 *99 percent of segment total.

TABLE 2.—AVERAGE ANNUAL REVENUES OF SMALL PASSENGER CARRIERS [NAICS Code 4855, Charter Bus Industry]

Compliance costs Number of firms Average annual ($1000) Revenue size (percent of revenues as percent of segment total) per firm annual revenues (millions) per firm

Less than $5 million ...... *1,022 0.98 0.10 *94 percent of segment total.

TABLE 3.—AVERAGE ANNUAL REVENUES OF SMALL PASSENGER FIRMS [NAICS Code 4854101, School Bus Service]

Compliance costs Number of firms Average annual ($1000) Revenue size (percent of revenues as percent of segment total) per firm annual revenues (millions) per firm

Less than $5 million ...... *2,397 0.60 0.17 *96 percent of segment total.

One criterion used by SBA to define eligibility before allowing them to Executive Order 13132 (Federalism) a ‘‘significant’’ economic impact to operate a CMV in interstate commerce. This action has been analyzed in small businesses is the impact on the In addition, employers must maintain a accordance with the principles and revenues of entities within a particular copy of the entry-level driver’s training criteria contained in Executive Order sector. According to the SBA guidance certificate in the driver’s personnel or 13132. It has been determined that this ‘‘The Regulatory Flexibility Act: an qualification file. Employers are rulemaking does not have a substantial Implementation Guide for Federal currently required to maintain a direct effect on States, nor would it limit Agencies,’’ The Office of Advocacy, U.S. personnel or qualification file for each the policy-making discretion of the Small Business Administration, May driver, as outlined in § 391.51 of the States. Nothing in this document 2003, http://www.sba.gov/advo/laws/ FMCSRs. No special skills are required preempts any State law or regulation. rfaguide.pdf, ‘‘if the cost of a proposed to verify eligibility to operate a CMV or regulation exceeds one percent of the to place a driver’s training certificate in Paperwork Reduction Act gross revenues of the entities in a a personnel or qualification file. Under the Paperwork Reduction Act particular sector’’ then the regulation of 1995 (PRA) (44 U.S.C. 3501 et seq.), Duplicative, Overlapping, or Conflicting should be considered significant. The Federal agencies must obtain approval Federal Rules impact of this regulation on the average from the Office of Management and annual revenues of small firms in the The FMCSA is not aware of any other Budget (OMB) for each collection of general freight trucking, charter bus, and rules that duplicate, overlap, or conflict information they conduct, sponsor or school bus industries is far less than one with today’s final rule. require through regulations. An analysis percent per year in all cases (0.08, 0.10, Unfunded Mandates Reform Act of of this proposal was made by the and 0.17 percent, respectively). 1995 FMCSA, and it has been determined Therefore, FMCSA certifies that this that the final rule, when promulgated, regulation will not have a significant The Unfunded Mandates Reform Act would create a new collection of impact on the small businesses subject of 1995 requires each agency to assess information requiring OMB’s approval. to today’s final rule. the effects of its regulatory actions on This PRA section addresses the State, local, tribal governments, and the information collection burden for Reporting, Recordkeeping, and Other private sector. This rule does not activities associated with training and Compliance Requirements of the Final impose an unfunded Federal mandate certifying entry-level drivers. Rule resulting in the expenditure by State, Today’s final rule defines an ‘‘entry- This action imposes some relatively local, or tribal governments, in the level driver’’ as a person with less than minor record-keeping requirements on aggregate, or the private sector of $100 one-year’s experience operating a CMV employers. The primary employer million, adjusted for inflation, or more as defined by § 383.5 for any employer requirement is to verify drivers’ in any one year. (2 U.S.C. 1531 et seq.). in interstate commerce from a period

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that begins on July 20, 2003, and who need to be trained during the first Title: Training Certification for Entry thereafter. Entry-level drivers fall into 90 days after the rule is implemented. Level Commercial Motor Vehicle two categories—currently employed and The agency also estimates there would Operators. student entry-level drivers—that must be an annual burden to the motor carrier Respondents: First year 64,850; be trained in driver qualification, hours- or other training entity to complete, subsequent years 32,425. of-service, driver wellness and whistle photocopy, and file the training Estimated Annual Hour Burden for blower protection requirements before certification form for the currently the Information Collection: First year operating a CMV. employed entry-level driver that has 10,808 hours; and subsequent years A ‘‘currently employed entry-level been trained to operate a CMV. FMCSA 5,404 hours. driver’’ is an individual who began estimates that this first-year information Interested parties are invited to send operating a CMV in interstate commerce collection activity will take 10 minutes, comments regarding any aspect of these for any employer one year before the resulting in an annual burden of 5,404 information collection requirements, effective date of today’s rule. Such a burden hours [32,425 (30,765 truck including, but not limited to: (1) currently employed entry-level driver drivers plus 1,575 motorcoach drivers Whether the collection of information is with up to one-year’s worth of plus 85 school bus drivers equals necessary for the performance of the experience must obtain the basic 32,425) times 10 minutes per motor functions of the FMCSA, including training required by this rule no later carrier/training entity/60 minutes equals whether the information has practical than October 18, 2004, or 90 days after 5,404]. There will be no information utility, (2) the accuracy of the estimated the effective date of this final rule. The collection burden for currently burden, (3) ways to enhance the quality, FMCSA is permitting such drivers to employed entry-level drivers in utility, and clarity of the collected operate a CMV during this 90-day subsequent years. This final rule information, and (4) ways to minimize delayed compliance period pending provides for no grandfathered or exempt the collection burden without reducing completion of the required training and drivers. the quality of the information collected. If you submit copies of your certification. The rule will permit the FMCSA estimates that in the first year comments to the Office of Management motor carriers to train the currently and subsequent years, 32,425 student and Budget concerning the information employed entry-level drivers in shifts so entry-level drivers 2 will need the collection requirements of this that the employer does not have to cease minimum training required by this final document, your comments to OMB will interstate operations pending the rule. There would be an annual burden be most useful if received at OMB by completion of training. After the 90th to the motor carrier or other training June 21, 2004. You should mail, hand day, October 18, 2004, all currently entity to complete, photocopy and file deliver, or fax a copy of your comments employed entry-level drivers must have the certification form for these student to: Attention: Desk Officer for the received the required training before entry-level drivers. FMCSA estimates Department of Transportation, Docket operating a CMV. Thus, after the 90-day that this information collection activity Library, Office of Information and delayed compliance period, there will will take 10 minutes, resulting in a first Regulatory Affairs, Office of be no more currently employed drivers year annual burden of 5,404 burden Management and Budget, Room 10102, subject to this rule. hours [32,425 (30,765 truck drivers plus 725 17th Street, NW., Washington, DC A ‘‘student entry-level driver’’ is an 1,575 motorcoach drivers plus 85 school 20503, fax: (202) 395–6566. individual who will begin operating a bus drivers equals 32,425) times 10 CMV in interstate commerce after the minutes per motor carrier/training National Environmental Policy Act effective date of this final rule July 21, entity/60 minutes equals 5,404]; and in 2004, and must receive the minimum The agency analyzed this final rule for subsequent years of 5,404 burden hours the purpose of the National training required by this action before [32,425 (30,765 truck drivers plus 1,575 driving a CMV. Thus, all student drivers Environmental Policy Act of 1969 motorcoach drivers plus 85 school bus (NEPA) (42 U.S.C. 4321 et seq.) and will be subject to this rule after its drivers equals 32,425) × 10 minutes per effective date. determined under our environmental motor carrier/training entity/60 minutes procedures Order 5610.1, issued March Upon completing the required equals 5,404]. minimum training for both currently 1, 2004 (69 FR 9680), that this action is Thus, the total first-year information categorically excluded (CE) under employed and student entry-level collection burden associated with this drivers, the employer will give each Appendix 2, paragraph 6.d. of the Order final rule, when promulgated, is from further environmental entry-level driver it trains, or ensure the estimated to be 10,808 burden hours training provider gives each entry-level documentation. That CE relates to [5,404 burden hours for currently establishing regulations and actions driver, a copy of the training certificate. employed entry-level drivers plus 5,404 Each employer that uses an entry-level taken pursuant to the regulations burden hours for student entry-level concerning the training, qualifying, driver that has been trained by a drivers equals 10,808 hours]. In training provider other than the licensing, certifying, and managing of subsequent years, there would be no personnel. In addition, the agency employer must obtain a copy of the information collection burden training certificate from the driver or believes that this action includes no associated with currently employed extraordinary circumstances that would training provider. The employer must entry-level drivers; and the burden also retain and keep a copy of the have any effect on the quality of the would drop as it relates to student environment. Thus, the action does not training certificate in the entry-level entry-level drivers to 5,404 burden driver’s personnel file or qualification require an environmental assessment or hours. an environmental impact statement. file so the employer can prove to the OMB Control Number: 2126–NEW. FMCSA that the driver has received the We have also analyzed this rule under required minimum training. the Clean Air Act, as amended (CAA), drivers, 1,575 student motorcoach drivers and 85 section 176(c) (42 U.S.C. 7401 et seq.), The FMCSA estimates there are about student school bus drivers. 1 and implementing regulations 32,425 currently employed drivers 2 FMCSA’s 32,425 estimate for student entry-level driver estimate consists of 30,765 student truck promulgated by the Environmental 1 This 32,425 estimate for currently employed drivers, 1,575 student motorcoach drivers and 85 Protection Agency. Approval of this entry-level drivers consists of 30,765 student truck student school bus drivers. action is exempt from the CAA’s

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General conformity requirement since it create disproportionate environmental Subpart E—Entry-Level Driver Training involves policy development and civil health risks or safety risks to children. Requirements enforcement activities, such as, Executive Order 12988 (Civil Justice investigations, inspections, § 380.500 Compliance date for training Reform) examinations, and the training of law requirements for entry-level drivers. (a) Employers must ensure that each enforcement personnel. See 40 CFR This action meets applicable entry-level driver has received the 93.153(c)(2). It will not result in any standards in sections 3(a) and 3(b)(2) of training required by this subpart no later emissions increase nor will it have any Executive Order 12988, Civil Justice than July 20, 2004, except as provided potential to result in emissions that are Reform, to minimize litigation, above the general conformity rule’s de in paragraph (b) of this section. eliminate ambiguity, and reduce (b) Each employer must ensure that minimis emission threshold levels. burden. Moreover, it is reasonably foreseeable each entry-level driver who first began that the rule will not increase total CMV Executive Order 12630 (Taking of operating a CMV in interstate commerce mileage, change the time of day when, Private Property) requiring a CDL between July 20, 2003, and October 18, 2004, has had the or how, CMVs operate, the routing of This rule will not effect a taking of CMVs, or the CMV fleet-mix of motor required training no later than October private property or otherwise have 18, 2004. carriers. This action merely establishes taking implications under E. O. 12630, standards for minimum training Governmental Actions and Interference § 380.501 Applicability. requirements for entry-level operators of with Constitutionally Protected Property All entry-level drivers who drive in CMVs. Rights. interstate commerce and are subject to the CDL requirements of part 383 of this Executive Order 12898 (Federal Actions Executive Order 12372 chapter must comply with the rules of To Address Environmental Justice in (Intergovernmental Review) Minority Populations and Low Income this subpart, except drivers who are Populations) Catalog of Federal Domestic subject to the jurisdiction of the Federal Assistance Program Number of 20.217, Transit Administration or who are The agency evaluated the Motor Carrier Safety. The regulations otherwise exempt under § 390.3(f) of environmental effects of the proposed implementing Executive Order 12372 this subchapter. action and alternatives in accordance regarding intergovernmental with Executive Order 12898 and § 380.502 Definitions. consultation on Federal programs and determined that there are no (a) The definitions in part 383 of this activities do not apply to this program. environmental justice issues associated chapter apply to this part, except where with this rule. Environmental justice List of Subjects in 49 CFR Part 380 otherwise specifically noted. issues would be raised if there were a (b) As used in this subpart: ‘‘disproportionate’’ and ‘‘high and Driver training, Instructor Entry-level driver is a driver with less adverse impact’’ on minority or low- requirements. than one year of experience operating a CMV with a CDL in interstate income populations. The agency I For the reasons stated in the preamble, determined that there are no high and commerce. FMCSA amends 49 CFR chapter III, Entry-level driver training is training adverse impacts associated with the subchapter B, part 380 (added at 69 FR final rule. In addition, the agency the CDL driver receives in driver 16732, March 30, 2004, and effective qualification requirements, hours of analyzed the demographic makeup of June 1, 2004) as set forth below: the trucking industry, potentially service of drivers, driver wellness, and affected, and determined that there will PART 380—SPECIAL TRAINING whistle blower protection as appropriate be no disproportionate impact on REQUIREMENTS to the entry-level driver’s current minority or low-income populations. position in addition to passing the CDL This is based on the finding that low- I 1. The authority citation for this part test. income and minority populations are is revised to read as follows: § 380.503 Entry-level driver training generally underrepresented in the CMV Authority: 49 U.S.C. 31133, 31136, 31307, requirements. driver occupations. and 31502; sec. 4007(a) and (b) of Pub. L. Entry-level driver training must Executive Order 13045 (Protection of 102–240 (105 Stat. 2151–2152); and 49 CFR include instruction addressing the 1.73. Children) following four areas: (a) Driver qualification requirements. I Executive Order 13045, ‘‘Protection of 2. Part 380 is amended by adding a The Federal rules on medical Children from Environmental Health new subpart E to read as follows. certification, medical examination Risks and Safety Risks’’ (April 23, 1997, Subpart E—Entry-Level Driver Training procedures, general qualifications, 62 FR 19885), requires that agencies Requirements responsibilities, and disqualifications issuing ‘‘economically significant’’ rules Sec. based on various offenses, orders, and that also concern an environmental 380.500 Compliance date for training loss of driving privileges (part 391, health or safety risk, or that an agency requirements for entry-level drivers. subparts B and E of this subchapter). has reason to believe may 380.501 Applicability. (b) Hours of service of drivers. The disproportionately affect children, must 380.502 Definitions. limitations on driving hours, the include an evaluation of these effects on 380.503 Entry-level driver training requirement to be off-duty for certain children. Section 5 of Executive Order requirements. periods of time, record of duty status 13045 directs an agency to submit for a 380.505 Proof of training. 380.507 Driver responsibilities. preparation, and exceptions (part 395 of ‘‘covered regulatory action’’ an 380.509 Employer responsibilities. this subchapter). Fatigue evaluation of its environmental health 380.511 Employer recordkeeping countermeasures as a means to avoid or safety effects on children. The agency responsibilities. crashes. evaluated the possible effects of the 380.513 Required information on the (c) Driver wellness. Basic health action and determined that it will not training certificate. maintenance including diet and

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exercise. The importance of avoiding (c) All records required by this (c) Mailing address of training excessive use of alcohol. subpart shall be maintained as required provider. (d) Whistleblower protection. The by § 390.31 of this subchapter and shall (d) Name of driver. right of an employee to question the be made available for inspection at the safety practices of an employer without employer’s principal place of business (e) A statement that the driver has the employee’s risk of losing a job or within two business days after a request completed training in driver being subject to reprisals simply for has been made by an authorized qualification requirements, hours of stating a safety concern (29 CFR part representative of the Federal Motor service of drivers, driver wellness, and 1978). Carrier Safety Administration. whistle blower protection requirements substantially in accordance with the § 380.505 Proof of training. § 380.511 Employer recordkeeping following sentence: An employer who uses an entry-level responsibilities. I certify lllllhas completed training driver must ensure the driver has The employer must keep the records requirements set forth in the Federal Motor received a training certificate containing specified in § 380.505 for as long as the Carrier Safety Regulations for entry-level all the information contained in employer employs the driver and for driver training in accordance with 49 CFR § 380.513 from the training provider. one year thereafter. 380.503. § 380.507 Driver responsibilities. § 380.513 Required information on the (f) The printed name of the person Each entry-level driver must receive training certificate. attesting that the driver has received the training required by § 380.503. The training provider must provide a required training. § 380.509 Employer responsibilities. training certificate or diploma to the (g) The signature of the person (a) Each employer must ensure each entry-level driver. If an employer is the attesting that the driver has received the entry-level driver who first began training provider, the employer must required training. provide a training certificate or diploma operating a CMV requiring a CDL in Issued on: May 17, 2004. interstate commerce after July 20, 2003, to the entry-level driver. The certificate Annette M. Sandberg, receives training required by § 380.503. or diploma must contain the following (b) Each employer must place a copy seven items of information: Administrator. of the driver’s training certificate in the (a) Date of certificate issuance. [FR Doc. 04–11475 Filed 5–20–04; 8:45 am] driver’s personnel or qualification file. (b) Name of training provider. BILLING CODE 4910–EX–P

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Part V

The President Notice of May 20, 2004—Continuation of the National Emergency Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq has an Interest

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Federal Register Presidential Documents Vol. 69, No. 99

Friday, May 21, 2004

Title 3— Notice of May 20, 2004

The President Continuation of the National Emergency Protecting the Devel- opment Fund for Iraq and Certain Other Property in Which Iraq has an Interest

On May 22, 2003, by Executive Order 13303, I declared a national emergency protecting the Development Fund for Iraq and certain other property in which Iraq has an interest, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706). I took this action to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq constituted by the threat of attachment or other judicial process against the Development Fund for Iraq, Iraqi petroleum and petroleum prod- ucts, and interests therein, and proceeds, obligations, or any financial instru- ments of any nature whatsoever arising from or related to the sale or mar- keting thereof. On August 28, 2003, in Executive Order 13315, I expanded the scope of this national emergency to block the property of the former Iraqi regime, its senior officials and their family members as the removal of Iraqi property from that country by certain senior officials of the former Iraqi regime and their immediate family members constitutes an obstacle to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and eco- nomic institutions in Iraq. Because these obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on May 22, 2003, and the measures adopted on that date and on August 28, 2003, to deal with that emergency, must continue in effect beyond May 22, 2004. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency protecting the Development Fund for Iraq and certain other property in which Iraq has an interest.

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This notice shall be published in the Federal Register and transmitted to the Congress. W THE WHITE HOUSE, May 20, 2004. [FR Doc. 04–11817 Filed 5–20–04; 2:48 pm] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 69, No. 99 Friday, May 21, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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. 550...... 26475 Presidential Documents 2 CFR 595...... 27817 Executive orders and proclamations 741–6000 Subtitle A ...... 26276 The United States Government Manual 741–6000 Subtitle B ...... 26276 7 CFR 215...... 26281 Other Services 1...... 28041 3 CFR 6...... 27818 Electronic and on-line services (voice) 741–6020 51...... 29171 Proclamations: Privacy Act Compilation 741–6064 301 ...... 24909, 25303, 27821 Public Laws Update Service (numbers, dates, etc.) 741–6043 7776...... 25283 7777...... 25285 319...... 24916 TTY for the deaf-and-hard-of-hearing 741–6086 7778...... 25287 800...... 26476 7779...... 25289 932...... 29171 ELECTRONIC RESEARCH 7780...... 25291 1410...... 26755 World Wide Web 7781...... 26467 1415...... 29173 7782...... 26469 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 7783...... 26471 457...... 27864 is located at: http://www.gpoaccess.gov/nara/index.html 7784...... 26473 762...... 24537 Federal Register information and research tools, including Public 7785...... 29031 958...... 29244 Inspection List, indexes, and links to GPO Access are located at: 7786...... 29033 1739...... 26777 http://www.archives.gov/federallregister/ 7787...... 29035 1770...... 25848 E-mail 7788...... 29037 9 CFR Executive Orders: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 10485 (See EO 53...... 27823 an open e-mail service that provides subscribers with a digital 13337) ...... 25299 71...... 27823 form of the Federal Register Table of Contents. The digital form 10530 (See EO 92...... 25817 of the Federal Register Table of Contents includes HTML and 13337) ...... 25299 93...... 25820 PDF links to the full text of each document. 11423 (Amended By 94...... 25820 To join or leave, go to http://listserv.access.gpo.gov and select EO 13337)...... 25299 95...... 25820 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13047 (See Notice of 130...... 25305 (orchange settings); then follow the instructions. May 17, 2004)...... 29041 317...... 28042 381...... 28042 PENS (Public Law Electronic Notification Service) is an e-mail 13096 (Revoked By service that notifies subscribers of recently enacted laws. EO 13336)...... 25299 Proposed Rules: 13175 (See EO 78...... 25338 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13336) ...... 25299 317...... 24539 and select Join or leave the list (or change settings); then follow 13212 (See EO 381...... 24539 the instructions. 13337) ...... 25299 10 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 13224 (See EO respond to specific inquiries. 13338) ...... 26751 Ch. 1 ...... 29187 2...... 25997 Reference questions. Send questions and comments about the 13303 (See Notice of 70...... 28043 Federal Register system to: [email protected] May 20, 2004)...... 29409 13310 (See Notice of Proposed Rules: The Federal Register staff cannot interpret specific documents or May 17, 2004)...... 29041 30...... 28849 regulations. 13315 (See Notice of 40...... 28849 May 20, 2004)...... 29409 50...... 28849 FEDERAL REGISTER PAGES AND DATE, MAY 13336...... 25299 60...... 28849 13337...... 25299 61...... 28849 24063–24504...... 3 13338...... 26751 70...... 28849 24505–24904...... 4 13339...... 28037 72...... 28849 24905–25302...... 5 13340...... 29043 76...... 28849 Administrative Orders: 25303–25478...... 6 12 CFR 25479–25816...... 7 Notices: 25817–25996...... 10 Notice of May 17, 208...... 25672 229...... 25826, 28819 25997–26298...... 11 2004 ...... 29041 Notice of May 20, 352...... 26490 26299–26472...... 12 2004 ...... 29409 614...... 26763 26473–26754...... 13 Presidential 617...... 26763 26755–27816...... 14 Determinations: 620...... 26763 27817–28040...... 17 No. 2004–29 of April 630...... 26763 28041–28818...... 18 21, 2004 ...... 24905 701...... 27827 28819–29042...... 19 No. 2004–30 of April 703...... 27827 29043–29170...... 20 21, 2004 ...... 24907 709...... 27827 29171–29410...... 21 715...... 27827 5 CFR 723...... 27827 532...... 26475 725...... 27827

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1805...... 26260 21...... 26333 4011...... 25797, 28992 29119, 29120, 29250 Proposed Rules: 210...... 26650 4022...... 26769 60...... 25052 208...... 28851 228...... 26650 4044...... 26769 63...... 25052 225...... 28851 229...... 26650 4071...... 25797, 28992 72...... 28874 230...... 25182, 26650 75...... 28874 13 CFR 232...... 26650 30 CFR 81...... 25869 121...... 25262, 29192 239...... 25182, 26650 50...... 26499 82...... 26059, 28992 124...... 29192 240 ...... 25182, 25778, 26650 203...... 25499 96...... 28874 125...... 25262, 29192 242...... 26650 206...... 24959 180...... 26348 134...... 25262, 29192 245...... 26650 917...... 26500 194...... 26351 Proposed Rules: 249...... 25182, 26650 Proposed Rules: 281...... 25053 121...... 27865 275...... 25778 948...... 26340 300...... 29120 126...... 26511 279...... 25778 31 CFR 42 CFR 18 CFR 14 CFR Proposed Rules: 412...... 25674, 25752 1003...... 28842 23...... 25998 381...... 27833 50...... 25341 Proposed Rules: 25 ...... 24492, 24936, 26764 20 CFR 103...... 28098 39 ...... 24063, 24938, 24940, 403...... 28196 32 CFR 24941, 24944, 24945, 24947, 404...... 25949 412...... 28196 24950, 24952, 24953, 24954, 408...... 25949 199...... 29226 413...... 28196 418...... 28196 25479, 25481, 25483, 25485, 21 CFR 25488, 26000, 26001, 26003, 33 CFR 460...... 28196 1...... 24070, 28060 26005, 26006, 26008, 26010, 62...... 24979 480...... 28196 73...... 24511 26012, 26013, 26015, 26017, 66...... 24979 482...... 28196 110...... 29220 26018, 26020, 26022, 26024, 67...... 24979 483...... 28196 172...... 24511 26025, 26027, 26299, 26434, 72...... 24979 485...... 28196 175...... 24511 26494, 27829, 27831, 28044, 100 ...... 24513, 28823, 29230 489...... 28196 176...... 24511 28046, 28051, 29047, 29049, 117 ...... 24080, 25316, 25317, 177...... 24511 44 CFR 29054, 29055, 29209, 29210, 26042, 27834 178...... 24511 206...... 24082 29212, 29216, 29217, 29218 165 ...... 24513, 24515, 25317, 184...... 24511 71 ...... 24063, 24064, 24065, 25319, 26043, 27836, 28825, Proposed Rules: 186...... 24511 24067, 24068, 25467, 26029, 28827, 29067, 29069, 29230, 17...... 24114 335...... 26301 26030, 26031, 26033, 26034, 29232 21...... 24114 520...... 24958 26035, 29058, 29059, 29060 Proposed Rules: 522...... 25827 46 CFR 95...... 24956 110...... 26526 558 ...... 25315, 26498, 28820 310...... 29079 97...... 24505, 28058 117 ...... 24548, 27870, 27872 600...... 26768 139...... 24069 165 ...... 24112, 24549, 24552, 807...... 25489 47 CFR 26526, 26531, 26783, 28871, Proposed Rules: 866...... 26036 0...... 24996, 27843 29114, 29246 39 ...... 24095, 24097, 24099, 872...... 26302 1...... 27843 24101, 24103, 24105, 25037, Proposed Rules: 25...... 28062 25041, 25501, 25503, 25505, 36 CFR 3...... 25527 54...... 25325 25507, 25511, 25514, 25517, 242...... 28847 101...... 24541 61...... 25325 25519, 25521, 25523, 25525, 1200...... 26045 69...... 25325 26052, 26054, 26325, 26326, 22 CFR Proposed Rules: 73 ...... 25844, 25845, 25846, 26329, 26331, 27865, 27866, 121...... 29222 7...... 25043 26312, 29241, 29242 27868, 28093, 28094, 28860, 123...... 29222 37 CFR 97...... 24996 28863, 28865, 28867, 29106, 101...... 25337, 28062 29108, 29109, 29111 23 CFR Proposed Rules: Proposed Rules: 43...... 26054 655...... 25828 1...... 25861 2...... 27874 71 ...... 26056, 26058, 28870 15...... 26790 121...... 27980 Proposed Rules: 39 CFR 630...... 26513 73 ...... 25873, 25874, 26061, 111...... 25321, 26305 15 CFR 26353, 27874, 29252, 29253, 24 CFR Proposed Rules: 29254, 29255 736...... 26766 Proposed Rules: 501...... 25864 74...... 27874 744...... 25312 81...... 24228 40 CFR 774 ...... 24507, 24508, 25314 990...... 24547 48 CFR Proposed Rules: 1000...... 25340 9...... 24517 Ch. 1 ...... 25280 754...... 25856 51...... 28830 2...... 25274 25 CFR 52 ...... 24986, 25835, 25839, 5...... 25274 16 CFR 170...... 28821 26503, 27837, 28061, 29071, 6...... 25274 602...... 29061 29074, 29234, 29253, 29254, 13...... 25274 603...... 29061 26 CFR 29255 14...... 25274 604...... 29061 1 ...... 24071, 24078, 25315, 63...... 25321 15...... 25274 611...... 29061 25489, 26038, 26040, 26304, 82...... 29076 19...... 25274 29066 85...... 26222 33...... 25274 17 CFR Proposed Rules: 86...... 26222 36...... 25274 211...... 29064 1 ...... 24107, 25534, 25535, 180 ...... 24984, 24992, 26305, 52...... 25274 231...... 29064 25856, 26782, 29113, 29246 26770, 28832 217...... 26507 241...... 29064 300...... 26506, 29076 225...... 26508 Proposed Rules: 27 CFR 439...... 25324 252...... 26508, 26509 15...... 26333 9...... 25831 716...... 24517 511...... 28063 16...... 26333 Proposed Rules: 516...... 28063 17...... 26333 29 CFR 51 ...... 25184, 28874, 29118 532...... 28063 18...... 26333 Proposed Rules: 52 ...... 25051, 25348, 25865, 538...... 28063 19...... 26333 1926...... 27870 25866, 25869, 26533, 26786, 546...... 28063

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552...... 28063 49 CFR 175...... 25470 622...... 24532 1812...... 26775 15...... 28066 178...... 25470, 26538 648...... 26509 571...... 27990 660 ...... 25013, 25026, 28086 1813...... 26776 192...... 27861 598...... 27990 679...... 26313, 26320 Proposed Rules: 380...... 28846, 29384 Proposed Rules: 25...... 28104 391...... 28846 50 CFR 31...... 29380 17 ...... 24876, 25055, 27886, 1520...... 28066 13...... 24084 29121, 29354 219...... 26533 Proposed Rules: 17 ...... 24084, 29081, 29101 229...... 26539 1852...... 29256 171...... 25470 100...... 28847 635 ...... 25357, 26540, 28106 1853...... 29256 172...... 25470 223...... 24997 648...... 28875 1872...... 29256 173...... 25470 300...... 24997 679...... 25056

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REMINDERS STATE DEPARTMENT adjustment; comments Arizona; comments due by The items in this list were International Traffic in Arms due by 5-28-04; 5-24-04; published 4-22- editorially compiled as an aid regulations: published 5-13-04 [FR 04 [FR 04-09040] to Federal Register users. U.S. Munitions List; 04-10897] California; comments due by Inclusion or exclusion from amendments; published 5- COURT SERVICES AND 5-24-04; published 4-22- this list has no legal 21-04 OFFENDER SUPERVISION 04 [FR 04-09039] significance. TRANSPORTATION AGENCY FOR THE Kentucky; comments due by DEPARTMENT DISTRICT OF COLUMBIA 5-24-04; published 4-23- Federal Aviation Semi-annual agenda; Open for 04 [FR 04-09285] RULES GOING INTO Administration comments until further West Virginia; comments EFFECT MAY 21, 2004 notice; published 12-22-03 Airworthiness directives: due by 5-28-04; published [FR 03-25121] 4-28-04 [FR 04-09580] Hartzell Propeller Inc.; AGRICULTURE published 4-16-04 DEFENSE DEPARTMENT Environmental statements; DEPARTMENT availability, etc.: TRANSPORTATION Acquisition regulations: Agricultural Marketing DEPARTMENT Contractors accompanying a Coastal nonpoint pollution Service control program— National Highway Traffic force deployed; comments Peaches, plums, and Safety Administration due by 5-24-04; published Minnesota and Texas; nectarines; grade standards 3-23-04 [FR 04-06236] Confidential business Open for comments Correction; published 5-21- information; published 4-21- Task and delivery order until further notice; 04 04 contracts; contract period; published 10-16-03 [FR AGRICULTURE comments due by 5-24- 03-26087] DEPARTMENT 04; published 3-23-04 [FR Pesticides; tolerances in food, COMMENTS DUE NEXT 04-06289] animal feeds, and raw Commodity Credit WEEK Corporation Federal Acquisition Regulation agricultural commodities: (FAR): Loan and purchase programs: Ammonium bicarbonate; AGRICULTURE Construction and architect- comments due by 5-24- Grassland Reserve DEPARTMENT engineer contracts; 04; published 3-24-04 [FR Program; published 5-21- Agricultural Marketing application of the Brooks 04-06431] 04 Service Act to mapping services; FEDERAL DEFENSE DEPARTMENT Cranberries grown in— comments due by 5-24- COMMUNICATIONS Civilian health and medical Massachusetts et al.; 04; published 3-23-04 [FR COMMISSION 04-06418] program of uniformed comments due by 5-28- Common carrier services: services (CHAMPUS): 04; published 4-28-04 [FR Federal prison industries purchases; market Communications disruptions; TRICARE program— 04-09424] reporting requirements; Anesthesiologist’s Marketing order programs: research requirement; comments due by 5-25- comments due by 5-25- assistants inclusion as Organic producers and 04; published 3-26-04 [FR 04; published 3-26-04 [FR authorized providers marketers; exemption from 04-06800] 04-06618] and cardiac assessments for market Internet Protocol (IP)- ENERGY DEPARTMENT rehabilitation in promotion activities; enabled services; freestanding cardiac comments due by 5-26- Federal Energy Regulatory regulatory review; rehabilitation facilities 04; published 4-26-04 [FR Commission comments due by 5-28- coverage; published 5- 04-09259] Electric rate and corporate 04; published 3-29-04 [FR 21-04 Milk marketing orders: regulation filings: 04-06944] EDUCATION DEPARTMENT Northeast; comments due Virginia Electric & Power Digital television stations; table Family Educational Rights and by 5-24-04; published 3- Co. et al.; Open for of assignments: Privacy Act: 25-04 [FR 04-06459] comments until further Puerto Rico; comments due Signed and dated written Nectarines and peaches notice; published 10-1-03 by 5-24-04; published 4- consent; electronic format; grown in— [FR 03-24818] 13-04 [FR 04-08331] published 4-21-04 California; comments due by ENVIRONMENTAL Radio stations; table of ENVIRONMENTAL 5-24-04; published 3-25- PROTECTION AGENCY assignments: PROTECTION AGENCY 04 [FR 04-06702] Air pollutants, hazardous; Various States; comments Air quality implementation AGRICULTURE national emission standards: due by 5-27-04; published plans; approval and DEPARTMENT Stationary combustion 4-28-04 [FR 04-09641] turbines; comments due promulgation; various Commodity Credit FEDERAL DEPOSIT by 5-24-04; published 4-7- States: Corporation INSURANCE CORPORATION 04 [FR 04-07776] California; published 3-22-04 Loan and purchase programs: Credit unions: Air quality implementation California; withdrawn; Environmental Quality plans; approval and Fair and Accurate Credit published 5-21-04 Incentives Program— promulgation; various Transactions Act (2003) Illinois; published 3-22-04 Conservation Innovation States; air quality planning implementation; fair credit Indiana; published 3-22-04 Grants; comments due purposes; designation of reporting medical by 5-28-04; published Maine; published 3-22-04 areas: information regulations; 3-29-04 [FR 04-06934] comments due by 5-28- Maryland; published 3-22-04 Arizona; comments due by COMMERCE DEPARTMENT 04; published 4-28-04 [FR Ohio; published 3-22-04 5-26-04; published 4-26- National Oceanic and 04 [FR 04-09277] 04-09526] HOMELAND SECURITY Atmospheric Administration California; comments due by FEDERAL RESERVE DEPARTMENT Fishery conservation and 5-24-04; published 4-22- SYSTEM Coast Guard management: 04 [FR 04-09036] Credit unions: Ports and waterways safety: Atlantic highly migratory Air quality implementation Fair and Accurate Credit Cleveland Harbor, OH; species— plans; approval and Transactions Act (2003) security zone; published Large coastal sharks; promulgation; various implementation; fair credit 5-17-04 semi-annual quotas States: reporting medical

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information regulations; Lake Michigan, Sheboygan, comments due by 5-24- Modernization; filing comments due by 5-28- Wisconsin; security zone; 04; published 3-25-04 [FR requirements; changes; 04; published 4-28-04 [FR comments due by 5-28- 04-06640] comments due by 5-24- 04-09526] 04; published 3-29-04 [FR LABOR DEPARTMENT 04; published 3-23-04 [FR GENERAL SERVICES 04-06741] Federal Contract Compliance 04-06404] ADMINISTRATION New York fireworks Programs Office Securities: Federal Acquisition Regulation displays; safety zones; Contractors and National market system; (FAR): comments due by 5-27- subcontractors; obligations: joint industry plans; 04; published 4-27-04 [FR Construction and architect- Race and gender data amendments; comments 04-09554] engineer contracts; solicitation for agency due by 5-24-04; published application of the Brooks HOUSING AND URBAN enforcement purposes; 3-9-04 [FR 04-04712] Act to mapping services; DEVELOPMENT comments due by 5-28- SMALL BUSINESS comments due by 5-24- DEPARTMENT 04; published 3-29-04 [FR ADMINISTRATION 04-06972] 04; published 3-23-04 [FR Housing programs: Disaster loan areas: NATIONAL AERONAUTICS 04-06418] Data Universal Numbering AND SPACE Maine; Open for comments Federal prison industries System; indentifier use ADMINISTRATION until further notice; purchases; market requirement; comments Federal Acquisition Regulation published 2-17-04 [FR 04- research requirement; due by 5-25-04; published 03374] comments due by 5-25- 3-26-04 [FR 04-06759] (FAR): TRANSPORTATION 04; published 3-26-04 [FR Construction and architect- Mortgage and loan insurance engineer contracts; DEPARTMENT 04-06800] programs: application of the Brooks Federal Aviation HEALTH AND HUMAN Home Equity Conversion Act to mapping services; Administration SERVICES DEPARTMENT Mortgage Program; comments due by 5-24- Airworthiness directives: Centers for Medicare & insurance for mortgages 04; published 3-23-04 [FR Airbus; comments due by 5- Medicaid Services to refinance existing 04-06418] 24-04; published 4-22-04 Medicare: loans; comments due by Federal prison industries 5-24-04; published 3-25- [FR 04-09111] Durable medical equipment purchases; market 04 [FR 04-06558] research requirement; BAE Systems (Operations) regional carriers; Ltd.; comments due by 5- boundaries designation INTERIOR DEPARTMENT comments due by 5-25- 04; published 3-26-04 [FR 26-04; published 4-26-04 and contract Fish and Wildlife Service [FR 04-09381] administration; comments 04-06800] Endangered and threatened Bombardier; comments due due by 5-25-04; published species: NATIONAL CREDIT UNION ADMINISTRATION by 5-26-04; published 4- 3-26-04 [FR 04-06833] Critical habitat Credit unions: 26-04 [FR 04-09382] HEALTH AND HUMAN designations— Dassault; comments due by SERVICES DEPARTMENT Fair and Accurate Credit Arroyo toad; comments Transactions Act (2003) 5-27-04; published 4-27- Food and Drug due by 5-28-04; implementation; fair credit 04 [FR 04-09500] Administration published 4-28-04 [FR reporting medical Empresa Brasileria de Medical devices: 04-09204] information regulations; Aeronautica S.A. Cardiovascular and California tiger comments due by 5-28- (EMBRAER); comments neurological— salamander; comments 04; published 4-28-04 [FR due by 5-27-04; published Reclassification from due by 5-28-04; 04-09526] 4-27-04 [FR 04-09499] Class III to Class II; published 4-13-04 [FR NUCLEAR REGULATORY Eurocopter France; comments due by 5-25- 04-08328] COMMISSION comments due by 5-25- 04; published 2-25-04 Coastal California Environmental statements; 04; published 3-26-04 [FR [FR 04-03858] gnatcatcher; comments availability, etc.: 04-06778] Reports and guidance due by 5-24-04; Fort Wayne State Glaser-Dirks Flugzeugbau documents; availability, etc.: published 4-8-04 [FR Developmental Center; GmbH; comments due by 04-07993] Evaluating safety of Open for comments until 5-24-04; published 4-12- antimicrobial new animal Riverside fairy shrimp; further notice; published 04 [FR 04-08220] drugs with regard to their comments due by 5-27- 5-10-04 [FR 04-10516] PZL-Bielsko; comments due microbiological effects on 04; published 4-27-04 PERSONNEL MANAGEMENT by 5-24-04; published 4- bacteria of human health [FR 04-09203] OFFICE 21-04 [FR 04-09018] concern; Open for Importation, exportation, and Health benefits; Federal Robinson Helicopter Co.; comments until further transportation of wildlife: employees: comments due by 5-25- notice; published 10-27-03 Houston, TX; Louisville, KY; Contract cost principles and 04; published 3-26-04 [FR [FR 03-27113] and Memphis, TN; procedures; comments 04-06779] due by 5-25-04; published HOMELAND SECURITY designated port status; Short Brothers; comments 3-26-04 [FR 04-06790] DEPARTMENT comments due by 5-24- due by 5-24-04; published 04; published 4-22-04 [FR POSTAL SERVICE Coast Guard 4-22-04 [FR 04-09110] 04-09181] Domestic Mail Manual: Anchorage regulations: Stemme GmbH & Co.; INTERIOR DEPARTMENT Merged five-digit and five comments due by 5-26- Maryland; Open for digit scheme pallets for comments until further National Park Service 04; published 4-16-04 [FR periodicals, standard mail, 04-08586] notice; published 1-14-04 Concession contracts: and package services [FR 04-00749] Authentic native handicrafts; mail; comments due by 5- Valentin GmbH & Co.; Ports and waterways safety: sales; comments due by 26-04; published 4-26-04 comments due by 5-27- 5-24-04; published 3-25- [FR 04-09415] 04; published 4-22-04 [FR Cape Fear River, Military 04-09113] Ocean Terminal Sunny 04 [FR 04-06641] SECURITIES AND Point, NC; security zone; Special regulations: EXCHANGE COMMISSION Airworthiness standards: comments due by 5-27- Chickasaw National Electronic Data Gathering, Special conditions— 04; published 4-27-04 [FR Recreational Area, OK; Analysis, and Retrieval Cessna Model 525B-CJ3 04-09481] personal watercraft use; (EDGAR) system: airplane; comments due

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by 5-27-04; published TREASURY DEPARTMENT have become Federal laws. It of 1962 to extend the 4-27-04 [FR 04-09514] Internal Revenue Service may be used in conjunction deadline for the INTELSAT Class E airspace; comments Employment taxes and with ‘‘PLUS’’ (Public Laws initial public offering. (May 18, due by 5-24-04; published collection of income taxes at Update Service) on 202–741– 2004; 118 Stat. 644) 4-7-04 [FR 04-07880] source: 6043. This list is also Definitions: available online at http:// Last List May 10, 2004 Student FICA exception; Review of existing www.archives.gov/ public hearing; comments regulations; comment federal—register/public—laws/ due by 5-25-04; published request; comments due public—laws.html. 2-25-04 [FR 04-03994] by 5-25-04; published 2- Public Laws Electronic The text of laws is not 25-04 [FR 04-04171] TREASURY DEPARTMENT Notification Service published in the Federal Thrift Supervision Office (PENS) TREASURY DEPARTMENT Register but may be ordered Comptroller of the Currency Credit unions: in ‘‘slip law’’ (individual Credit unions: Fair and Accurate Credit pamphlet) form from the Fair and Accurate Credit Transactions Act (2003) Superintendent of Documents, PENS is a free electronic mail Transactions Act (2003) implementation; fair credit U.S. Government Printing notification service of newly implementation; fair credit reporting medical Office, Washington, DC 20402 enacted public laws. To reporting medical information regulations; (phone, 202–512–1808). The subscribe, go to http:// information regulations; comments due by 5-28- text will also be made listserv.gsa.gov/archives/ comments due by 5-28- 04; published 4-28-04 [FR available on the Internet from publaws-l.html 04; published 4-28-04 [FR 04-09526] GPO Access at http:// 04-09526] www.gpoaccess.gov/plaws/ Note: This service is strictly Lending limits: index.html. Some laws may for E-mail notification of new Residential real estate and LIST OF PUBLIC LAWS not yet be available. laws. The text of laws is not small business loans; pilot available through this service. program; comments due This is a continuing list of S. 2315/P.L. 108–228 PENS cannot respond to by 5-24-04; published 4- public bills from the current To amend the specific inquiries sent to this 23-04 [FR 04-09360] session of Congress which Communications Satellite Act address.

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