2–17–05 Thursday Vol. 70 No. 32 Feb. 17, 2005

Pages 8021–8228

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i II Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005

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Contents Federal Register Vol. 70, No. 32

Thursday, February 17, 2005

Agency for International Development NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 8069–8070 submissions, and approvals, 8056 Defense Department Agricultural Marketing Service See Navy Department PROPOSED RULES NOTICES Agricultural Marketing Act; miscellaneous marketing Federal Acquisition Regulation (FAR): practices: Agency information collection activities; proposals, USDA farmers market; operating procedures, 8040–8043 submissions, and approvals, 8085 Milk marketing orders: Mideast, 8043–8048 Drug Enforcement Administration NOTICES NOTICES Beef promotion and research: Applications, hearings, determinations, etc.: Cattlemen’s Beef Promotion and Research Board; Cody Laboratories, Inc., 8112 certification and nomination, 8056–8057 Economic Development Administration Agriculture Department NOTICES See Agricultural Marketing Service Agency information collection activities; proposals, See Animal and Plant Health Inspection Service submissions, and approvals, 8070–8071 See Food Safety and Inspection Service See Forest Service Education Department NOTICES Animal and Plant Health Inspection Service Grants and cooperative agreements; availability, etc.: NOTICES Elementary and secondary education— Agency information collection activities; proposals, William F. Goodling Even Start Family Literacy submissions, and approvals, 8057–8058 Programs, 8085–8089

Census Bureau Energy Department PROPOSED RULES NOTICES Foreign trade statistics: Agency information collection activities; proposals, Automated Export System; shipper’s export declaration submissions, and approvals, 8090 information; mandatory filing requirement, 8199– 8227 Environmental Protection Agency NOTICES Centers for Disease Control and Prevention Agency information collection activities; proposals, NOTICES submissions, and approvals, 8090–8091 Meetings: Public Health Service Activities and Research at DOE Federal Aviation Administration Sites Citizens Advisory Committee, 8092–8093 RULES Airworthiness directives: Children and Families Administration Bell Helicopter Textron Canada, 8021–8025 NOTICES Bombardier, 8025–8028 Agency information collection activities; proposals, Empresa Brasileira de Aeronautica, S.A. (EMBRAER), submissions, and approvals, 8093 8028–8032 Grants and cooperative agreements; availability, etc.: NOTICES Child support enforcement special improvement projects, Agency information collection activities; proposals, 8093–8102 submissions, and approvals, 8132–8133 State median income estimates for four-person families Meetings: (2006 FY), 8102–8104 RTCA, Inc., 8133–8134 Reports and guidance documents; availability, etc.: Coast Guard Type validation and post-type validation procedures for NOTICES imported and exported products; comment request, Meetings: 8134 National Offshore Safety Advisory Committee, 8106–8107 Federal Communications Commission Commerce Department RULES See Census Bureau Common carrier services: See Economic Development Administration Individuals with hearing and speech disabilities; See International Trade Administration telecommunications relay service marketing and call See National Oceanic and Atmospheric Administration handling and video relay procedures; clarification, See Patent and Trademark Office 8034–8037

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PROPOSED RULES Grants and cooperative agreements; availability, etc.: Radio stations; table of assignments: Family planning— Various States, 8054–8055 Services projects; correction, 8091–8092

Federal Highway Administration Health Resources and Services Administration NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities; proposals, Loudoun County et al., VA; withdrawn, 8134–8135 submissions, and approvals, 8104–8106

Federal Railroad Administration Homeland Security Department NOTICES See Coast Guard Agency information collection activities; proposals, submissions, and approvals, 8135 Housing and Urban Development Department Exemption petitions, etc.: NOTICES Uniontown Central Railroad, 8135–8136 Agency information collection activities; proposals, submissions, and approvals, 8107–8108 Fish and Wildlife Service RULES Interior Department Endangered and threatened species: See Fish and Wildlife Service Critical habitat designations— See Land Management Bureau Santa Ana sucker; correction, 8037 NOTICES International Trade Administration Comprehensive conservation plans; availability, etc.: Kern and Pixley National Wildlife Refuges, CA, 8108– NOTICES 8109 Antidumping: Circular welded carbon quality line pipe from— Food and Drug Administration Mexico and Korea, 8071–8072 RULES Polyethylene terephthalate film, sheet and strip from— Food additives: India, 8072–8074 Direct food additives— Acacia (gum arabic), 8032–8034 International Trade Commission NOTICES NOTICES GRAS or prior-sanctioned ingredients: Meetings; Sunshine Act, 8109 Kerry, Inc.; petition withdrawn, 8104 Meetings: Justice Department Dermatologic and Ophthalmic Drugs Advisory Committee See Drug Enforcement Administration and Nonprescription Drugs Advisory Committee, NOTICES 8104 Pollution control; consent judgments: Arvanitis, Demetra, et al., 8109–8110 Food Safety and Inspection Service Bello, Ralph, et al., 8110 NOTICES Bernstein, Frederic M., et al., 8110 Reports and guidance documents; availability, etc.: Formica Corp., et al., 8110–8111 Generic E. coli and salmonella standards; baseline studies International Paper Co., et al., 8111 results, 8058–8060 Polaroid Corp. et al., 8111–8112 Thomasville Furniture Industries, Inc., et al., 8112 Forest Service NOTICES Labor Department Reports and guidance documents; availability, etc.: NOTICES Forest Service Outdoor Recreation Accessibility Agency information collection activities; proposals, Guidelines; compliance and Forest Service Manual submissions, and approvals, 8113–8116 integration, 8060–8066 Forest Service Trail Accessibility Guidelines; compliance Land Management Bureau and Forest Service Manual integration, 8066–8069 NOTICES Public land orders: General Services Administration New Mexico, 8109 NOTICES Federal Acquisition Regulation (FAR): National Aeronautics and Space Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 8085 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, Health and Human Services Department submissions, and approvals, 8085 See Centers for Disease Control and Prevention Meetings: See Children and Families Administration Summit Industry Panel, 8116 See Food and Drug Administration See Health Resources and Services Administration National Archives and Records Administration NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 8091 submissions, and approvals, 8116

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National Crime Prevention and Privacy Compact Council Self-regulatory organizations; proposed rule changes: PROPOSED RULES Chicago Board Options Exchange, Inc., 8119–8121 Interstate Identification Index (III) System; compliant National Securities Clearing Corp., 8121–8123 conduct and responsible use for noncriminal justice New York Stock Exchange, Inc., 8123 purposes; Compact Council procedures, 8050–8054 Pacific Exchange, Inc., 8123–8125 State criminal history record screening standards, 8048– 8050 Social Security Administration NOTICES National Highway Traffic Safety Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 8125–8128 Motor vehicle safety standards: Exemption petitions, etc.— State Department Nissan North America, Inc., 8136–8137 NOTICES Grants and cooperative agreements; availability, etc.: National Oceanic and Atmospheric Administration Junior Faculty Development Program, 8128–8132 RULES Fishery conservation and management: Transportation Department Caribbean, Gulf, and South Atlantic fisheries— See Federal Aviation Administration Gulf of Mexico deep-water and shallow-water grouper, See Federal Highway Administration 8037–8039 See Federal Railroad Administration NOTICES See National Highway Traffic Safety Administration Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 8074–8076 Economic regulations: Permits: Aviation traffic data; collection, processing, and reporting Marine mammals, 8076–8078 requirements, 8139–8198

Navy Department Veterans Affairs Department NOTICES NOTICES Patent licenses; non-exclusive, exclusive, or partially Inventions, Government-owned; availability for licensing, exclusive: 8137 Vector Test Systems, Inc., 8085

Nuclear Regulatory Commission Separate Parts In This Issue NOTICES Agency information collection activities; proposals, Part II submissions, and approvals, 8116–8117 Transportation Department, 8139–8198 Overseas Private Investment Corporation Part III NOTICES Commerce Department, Census Bureau, 8199–8227 Agency information collection activities; proposals, submissions, and approvals, 8117

Patent and Trademark Office Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Agency information collection activities; proposals, phone numbers, online resources, finding aids, reminders, submissions, and approvals, 8078–8085 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Securities and Exchange Commission LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Public Utility Holding Company Act of 1935 filings, 8117– archives, FEDREGTOC-L, Join or leave the list (or change 8119 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.

7 CFR Proposed Rules: 170...... 8040 1033...... 8043 14 CFR 39 (3 documents) ...8021, 8025, 8028 Proposed Rules: 241...... 8140 249...... 8140 15 CFR Proposed Rules: 30...... 8200 21 CFR 172...... 8032 28 CFR Proposed Rules: 904...... 8048 907...... 8050 47 CFR 64...... 8034 Proposed Rules: 73...... 8034 50 CFR 17...... 8037 622...... 8037

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Rules and Regulations Federal Register Vol. 70, No. 32

Thursday, February 17, 2005

This section of the FEDERAL REGISTER • DOT Docket Web site: Go to was prompted by three reports of contains regulatory documents having general http://dms.dot.gov and follow the cracked blades that were found during applicability and legal effect, most of which instructions for sending your comments scheduled inspections. That condition, are keyed to and codified in the Code of electronically; if not corrected, could result in loss of Federal Regulations, which is published under • Government-wide rulemaking Web a blade and subsequent loss of control 50 titles pursuant to 44 U.S.C. 1510. site: Go to http://www.regulations.gov of the helicopter. The Code of Federal Regulations is sold by and follow the instructions for sending Since issuing that AD, the alert the Superintendent of Documents. Prices of your comments electronically; service bulletin (ASB) that is applicable new books are listed in the first FEDERAL • Mail: Docket Management Facility; to BHTC Model 430 helicopters has REGISTER issue of each week. U.S. Department of Transportation, 400 been revised by the manufacturer to Seventh Street SW., Nassif Building, include two additional helicopter serial Room PL–401, Washington, DC 20590; numbers. Further, we discovered two • DEPARTMENT OF TRANSPORTATION Fax: (202) 493–2251; or typographical errors in the AD—the • Hand Delivery: Room PL–401 on word ‘‘Canada’’ is inadvertently omitted Federal Aviation Administration the plaza level of the Nassif Building, from the manufacturer’s name in the 400 Seventh Street SW., Washington, Summary section, and in Note 1 of the 14 CFR Part 39 DC, between 9 a.m. and 5 p.m., Monday AD, the number for the Model 430 through Friday, except Federal holidays. [Docket No. FAA–2005–20107; Directorate helicopter ASB is incorrectly stated as You may get the service information 430–04–32 instead of 430–04–31—as Identifier 2005–SW–02–AD; Amendment 39– identified in this AD from Bell 13981; AD 2005–04–09] well as some minor editorial errors, Helicopter Textron Canada, 12,800 Rue which have been corrected in this AD. RIN 2120–AA64 de l’Avenir, Mirabel, Quebec J7J1R4, Transport Canada, the airworthiness telephone (450) 437–2862 or (800) 363– authority for Canada, notified the FAA Airworthiness Directives; Bell 8023, fax (450) 433–0272. You may that an unsafe condition may exist on Helicopter Textron Canada Model 222, examine this information at the National the specified BHTC model helicopters. 222B, 222U, 230, and 430 Helicopters Archives and Records Administration Transport Canada advises of the (NARA). For information on the discovery of cracked blades during AGENCY: Federal Aviation availability of this material at NARA, scheduled inspections on three Administration, DOT. call (202) 741–6030, or go to: http:// occasions. Two cracks originated from ACTION: Final rule; request for www.archives.gov/federal_register/ _ _ _ the outboard feathering bearing bore comments. code of federal regulations/ underneath the flanged sleeves. The ibr_locations.html. SUMMARY: This amendment supersedes third crack started from the inboard EXAMINING THE DOCKET: You may feathering bearing bore. Investigation an existing airworthiness directive (AD) examine the docket that contains the for the specified Bell Helicopter Textron found that the cracks originated from AD, any comments, and other either a machining burr or a corrosion Canada (BHTC) model helicopters that information on the Internet at http:// currently requires certain checks and site in the bearing bore underneath the dms.dot.gov, or in person at the Docket flanged sleeves. inspections of the tail rotor blades. If a Management System (DMS) Docket crack is found, the existing AD requires BHTC has issued ASB No. 222–04– Offices between 9 a.m. and 5 p.m., 100 for Model 222 and 222B helicopters; replacing the tail rotor blade (blade) Monday through Friday, except Federal with an airworthy blade before further ASB No. 222U–04–71 for Model 222U holidays. The Docket Office (telephone helicopters; and ASB No. 230–04–31 for flight. This amendment requires the (800) 647–5227) is located on the plaza same checks and inspections as the Model 230 helicopters, all dated August level of the Department of 27, 2004; and, ASB No. 430–04–31, existing AD, but expands the Transportation Nassif Building at the applicability with the addition of two Revision A, dated November 29, 2004, street address stated in the ADDRESSES for Model 430 helicopters. The ASBs BHTC Model 430 helicopter serial section. Comments will be available in numbers. This amendment is prompted specify a visual inspection of the blade the AD docket shortly after the DMS root end around the feather bearings for by the manufacturer issuing revised receives them. service information that includes the a crack, not later than at the next FOR FURTHER INFORMATION CONTACT: additional two serial numbers. The scheduled inspection, and thereafter at Sharon Miles, Aviation Safety Engineer, actions specified by this AD are intervals not to exceed 3 flight hours. FAA, Rotorcraft Directorate, Regulations intended to detect a crack in the blade, Further, they describe a visual and Policy Group, Fort Worth, Texas and to prevent loss of a blade and inspection for a crack, to include 76193–0111, telephone (817) 222–5122, subsequent loss of control of the removing the blade from the helicopter, fax (817) 222–5961. helicopter. within 50 flight hours, and thereafter at SUPPLEMENTARY INFORMATION: On intervals not to exceed 50 flight hours. DATES: Effective March 4, 2005. December 23, 2004, the FAA issued AD Transport Canada classified these ASBs Comments for inclusion in the Rules 2004–26–11, Amendment 39–13923 (70 as mandatory and issued AD CF–2004– Docket must be received on or before FR 7; January 3, 2005), to require certain 21R1, dated December 9, 2004, to ensure April 18, 2005. checks and inspections of the blades. If the continued airworthiness of these ADDRESSES: Use one of the following a crack is found, that AD requires helicopters in Canada. This AD differs addresses to submit comments on this replacing the blade with an airworthy from those ASBs in that it requires an AD: blade before further flight. That action initial visual check, which may be

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performed by a pilot, within 3 hours just beyond the abraded area. Let the information you provide. We will also time-in-service (TIS) rather than a visual area dry for 30 minutes to 1 hour. Then, post a report summarizing each inspection not later than at the next apply one sealer coat of polyurethane, substantive verbal contact with FAA scheduled inspection and every 3 flight MILC85285 TYI CL2, color number personnel concerning this AD. Using the hours maximum thereafter as stated in 27925 (semi-gloss white), per Fed. Std. search function of our docket web site, the ASBs. 595, and reinstall the blade. you can find and read the comments to These helicopter models are This AD is an interim action, pending any of our dockets, including the name manufactured in Canada and are type release of additional service information of the individual who sent the certificated for operation in the United from the manufacturer concerning comment. You may review the DOT’s States under the provisions of 14 CFR instructions for inspecting and complete Privacy Act Statement in the 21.29 and the applicable bilateral reworking the affected blades. We Federal Register published on April 11, agreement. Pursuant to the applicable expect that service information to 2000 (65 FR 19477–78), or you may visit bilateral agreement, Transport Canada eliminate the recurring inspections http://dms.dot.gov. has kept the FAA informed of the required by this AD. situation described above. The FAA has The short compliance time involved Regulatory Findings examined the findings of Transport is required because the previously We have determined that this AD will Canada, reviewed all available described critical unsafe condition can not have federalism implications under information, and determined that AD adversely affect the controllability and Executive Order 13132. This AD will action is necessary for products of these structural integrity of the helicopter. not have a substantial direct effect on type designs that are certificated for Therefore, checking the blade for a crack the States, on the relationship between operation in the United States. within 3 hours TIS, and thereafter at the national Government and the States, This previously described unsafe intervals not to exceed 3 hours TIS, is or on the distribution of power and condition is likely to exist or develop on required, and this AD must be issued responsibilities among the various other helicopters of the same type immediately. levels of government. design. Therefore, this AD supersedes Since a situation exists that requires For the reasons discussed above, I AD 2004–26–11 to require the the immediate adoption of this certify that the regulation: following: regulation, it is found that notice and 1. Is not a ‘‘significant regulatory • Within 3 hours TIS, and thereafter opportunity for prior public comment action’’ under Executive Order 12866; at intervals not to exceed 3 hours TIS, hereon are impracticable, and that good 2. Is not a ‘‘significant rule’’ under the clean and visually check both sides of cause exists for making this amendment DOT Regulatory Policies and Procedures each blade for a crack in the area around effective in less than 30 days. (44 FR 11034, February 26, 1979); and the tail rotor feathering bearing. An We estimate that this AD will affect 3. Will not have a significant owner/operator (pilot) may perform this 156 helicopters and will require: economic impact, positive or negative, check. Pilots may perform the checks • 0.25 work hour for a pilot check, on a substantial number of small entities required by paragraph (a) of this AD and 2 work hours for a maintenance under the criteria of the Regulatory because they require no tools, can be inspection, at an average labor rate of Flexibility Act. done by observation, and can be done $65 per work hour; and We prepared an economic evaluation equally well by a pilot or a mechanic. • Parts, which will cost an estimated of the estimated costs to comply with However, the pilot must enter $13,410 per helicopter. this AD. See the DMS to examine the compliance with these requirements Based on these figures, the estimated economic evaluation. total cost impact of the AD on U.S. into the helicopter maintenance records Authority for This Rulemaking by following 14 CFR 43.11 and operators is $2,842,320 per year, 91.417(a)(2)(v). assuming each helicopter will require Title 49 of the United States Code • Within 50 hours TIS, and thereafter 200 pilot checks, 12 maintenance specifies the FAA’s authority to issue at intervals not to exceed 50 hours TIS, inspections, and one blade replacement rules on aviation safety. Subtitle I, clean and inspect both sides of each per year. section 106, describes the authority of the FAA Administrator. Subtitle VII, blade for a crack using a 10X or higher Comments Invited magnifying glass. Aviation Programs, describes in more • If a crack is found in the blade paint This AD is a final rule that involves detail the scope of the Agency’s during a visual check or inspection, requirements that affect flight safety and authority. further inspect the blade as follows, was not preceded by notice and an We are issuing this rulemaking under before further flight: opportunity for public comment; the authority described in subtitle VII, • Remove the blade. Remove the however, we invite you to submit any part A, subpart III, section 44701, paint to the bare metal in the area of the written data, views, or arguments ‘‘General requirements.’’ Under that suspected crack by using plastic metal regarding this AD. Send or deliver your section, Congress charges the FAA with blasting (PMB) or a nylon web abrasive comments to an address listed under promoting safe flight of civil aircraft in pad and abrading the blade surface in a ADDRESSES. Include ‘‘Docket No. FAA– air commerce by prescribing regulations span-wise direction only. 2005–20107; Directorate Identifier for practices, methods, and procedures • Using a 10X or higher power 2005–SW–02–AD’’ at the beginning of the Administrator finds necessary for magnifying glass, inspect the blade for your comments. We specifically invite safety in air commerce. This regulation a crack. comments on the overall regulatory, is within the scope of that authority • If a crack is found, replace the blade economic, environmental, and energy because it addresses an unsafe condition with an airworthy blade before further aspects of the AD. We will consider all that is likely to exist or develop on flight. comments received by the closing date products identified in this rulemaking • If no crack is found in the blade and may amend the AD in light of those action. surface, refinish the blade by applying comments. one coat of epoxy polyamide primer, We will post all comments we List of Subjects in 14 CFR Part 39 MIL–P–23377 or MIL–P–85582, so that receive, without change, to http:// Air transportation, Aircraft, Aviation the primer overlaps the existing coats dms.dot.gov, including any personal safety, Safety.

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Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40113, 44701. No. FAA–2005–20107; Directorate Identifier 2005–SW–02–AD. Supersedes I Accordingly, pursuant to the authority § 39.13 [Amended] AD 2004–26–11, Amendment 39–13923, delegated to me by the Administrator, I 2. Section 39.13 is amended by Docket No. FAA–2004–19969, the Federal Aviation Administration Directorate Identifier 2004–SW–43–AD. amends part 39 of the Federal Aviation removing Amendment 39–13923 (70 FR Applicability: The following helicopter Regulations (14 CFR part 39) as follows: 7, January 3, 2005), and by adding a new airworthiness directive (AD), models, identified by serial number, with one PART 39—AIRWORTHINESS Amendment 39–13981, to read as of the following part numbered tail rotor DIRECTIVES follows: blades installed, certificated in any category. I 1. The authority citation for part 39 2005–04–09 Bell Helicopter Textron continues to read as follows: Canada: Amendment 39–13981. Docket

Model Serial No. Tail rotor blade (blade) part no.

222 ...... 47006 through 47089 ...... 222–016–001–123, –127, –131, and –135. 222B ...... 47131 through 47156 ...... 222–016–001–123, –127, –131, and –135. 222U ...... 47501 through 47574 ...... 222–016–001–123, and –131. 230 ...... 23001 through 23038 ...... 222–016–001–123, and –131. 430 ...... 49001 through 49107 ...... 222–016–001–123, and –131.

Compliance: Required as indicated. (a) Within 3 hours time-in-service (TIS), private pilot certificate, may perform this To detect a crack in the blade and to and thereafter at intervals not to exceed 3 visual check and must enter compliance with prevent loss of the blade and subsequent loss hours TIS, clean and visually check both this paragraph into the helicopter of control of the helicopter, accomplish the sides of each blade for a crack in the paint maintenance records by following 14 CFR following: in the areas shown in Figure 1 of this AD. 43.11 and 91.417(a)(2)(v). An owner/operator (pilot), holding at least a BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C intervals not to exceed 50 hours TIS, clean (2) Remove the paint on the blade down to Note 1: Bell Helicopter Textron Alert the blade by wiping down both surfaces of the bare metal in the area of the suspected Service Bulletin (ASB) No. 222–04–100, No. each blade in the inspection area depicted in crack by using plastic metal blasting (PMB) 222U–04–71, and No. 230–04–31, all dated Figure 1 of this AD using aliphatic naphtha or a nylon web abrasive pad. Abrade the August 27, 2004, and ASB No. 430–04–31, (C–305) or detergent (C–318) or an blade surface in a span-wise direction only. Revision A, dated November 29, 2004, equivalent. Using a 10X or higher power Note 2: PMB may cause damage to pertain to the subject of this AD. magnifying glass, visually inspect both sides helicopter parts if untrained personnel (b) If the visual check required by of the blade in the areas depicted in Figure perform the paint removal. BHT–ALL–SPM, paragraph (a) reveals a crack in the paint, 1 of this AD. chapter 3, paragraph 3–24, pertains to the before further flight, remove the blade and (1) If a crack is found, even if only in the subject of this AD. follow the requirements in paragraphs (c)(2) paint, before further flight, remove the blade through (c)(3)(ii) of this AD. (3) Using a 10X or higher power from the helicopter and proceed with the (c) Within the next 50 hours TIS, unless magnifying glass, inspect the blade for a following: accomplished previously, and thereafter at crack.

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(i) If a crack is found, replace the blade 600–2A12 (CL–601), and CL–600–2B16 Examining the Docket with an airworthy blade before further flight. (CL–601–3A, CL–601–3R, and CL–604) (ii) If no crack is found in the blade series airplanes. This AD requires You can examine the AD docket on surface, refinish the blade by applying one revising the airplane flight manuals to the Internet at http://dms.dot.gov, or in coat of epoxy polyamide primer, MIL–P– include a new cold weather operations person at the Docket Management 23377 or MIL–P–85582, so that the primer limitation. This AD is prompted by a Facility office between 9 a.m. and 5 overlaps the existing coats just beyond the p.m., Monday through Friday, except abraded area. Let the area dry for 30 minutes report that even small amounts of frost, to 1 hour. Then, apply one sealer coat of ice, snow, or slush on the wing leading Federal holidays. The Docket polyurethane, MILC85285 TYI CL2, color edges or forward upper wing surfaces Management Facility office (telephone number 27925 (semi-gloss white), per Fed. can cause an adverse change in the stall (800) 647–5227) is located on the plaza Std. 595. Reinstall the blade. speeds, stall characteristics, and the level of the Nassif Building at the DOT Note 3: BHT–ALL–SPM, chapter 4, protection provided by the stall street address stated in the ADDRESSES pertains to painting the blade. protection system. We are issuing this section. Comments will be available in (d) To request a different method of AD to prevent possible loss of control the AD docket shortly after the DMS compliance or a different compliance time on take-off resulting from even small receives them. for this AD, follow the procedures in 14 CFR amounts of frost, ice, snow, or slush on 39.19. Contact the Safety Management Group, FOR FURTHER INFORMATION CONTACT: the wing leading edges or forward upper Bruce Valentine, Aerospace Engineer, FAA, for information about previously wing surfaces. approved alternative methods of compliance. Systems and Flight Test Branch, ANE– (e) Special flight permits may be issued by DATES: Effective February 22, 2005. 172, FAA, New York Aircraft following 14 CFR 21.197 and 21.199 to The incorporation by reference of Certification Office, 1600 Stewart operate the helicopter to a location where the certain publications listed in the AD is Avenue, Suite 410, Westbury, New York requirements of this AD can be accomplished approved by the Director of the Federal 11590; telephone (516) 228–7328; fax provided you do not find a crack in the blade Register as of February 22, 2005. (516) 794–5531. paint during a check or inspection. We must receive comments on this (f) This amendment becomes effective AD by April 18, 2005. SUPPLEMENTARY INFORMATION: Transport March 4, 2005. ADDRESSES: Use one of the following Canada Civil Aviation (TCCA), which is Note 4: The subject of this AD is addressed addresses to submit comments on this the airworthiness authority for Canada, in Transport Canada (Canada) Airworthiness AD. notified the FAA that an unsafe Directive CF–2004–21R1, dated December 9, • DOT Docket Web site: Go to condition may exist under certain 2004. http://dms.dot.gov and follow the operating conditions on all Bombardier Issued in Fort Worth, Texas, on February instructions for sending your comments Model CL–600–2B19 (Regional Jet 10, 2005. electronically. Series 100 & 440) airplanes and Model • Kim Smith, Government-wide rulemaking Web CL–600–1A11 (CL–600), CL–600–2A12 Acting Manager, Rotorcraft Directorate, site: Go to http://www.regulations.gov (CL–601), and CL–600–2B16 (CL–601– Aircraft Certification Service. and follow the instructions for sending 3A, CL–601–3R, and CL–604) series [FR Doc. 05–3049 Filed 2–16–05; 8:45 am] your comments electronically. airplanes. TCCA advises that even small • Mail: Docket Management Facility; BILLING CODE 4910–13–P amounts of frost, ice, snow, or slush on U.S. Department of Transportation, 400 the wing leading edges or forward upper Seventh Street SW., Nassif Building, wing surfaces of these airplanes can DEPARTMENT OF TRANSPORTATION room PL–401, Washington, DC 20590. cause an unsafe condition where an • Fax: (202) 493–2251. • adverse change in the stall speeds, stall Federal Aviation Administration Hand Delivery: Room PL–401 on characteristics, and the protection the plaza level of the Nassif Building, provided by the stall protection system 14 CFR Part 39 400 Seventh Street SW., Washington, may result in reduced controllability of DC, between 9 a.m. and 5 p.m., Monday the airplane. TCCA advises that cold [Docket No. FAA–2005–20276; Directorate through Friday, except Federal holidays. weather operational requirements for Identifier 2005–NM–023–AD; Amendment For the temporary revisions identified the subject airplane flight manuals 39–13979; AD 2005–04–07] in this AD, contact Bombardier, Inc., should include wing leading edge and Canadair, Aerospace Group, P.O. Box RIN 2120–AA64 upper wing surface inspections using 6087, Station Centre-ville, Montreal, visual and tactile means in identifying Airworthiness Directives; Bombardier Quebec H3C 3G9, Canada. You can examine this information at the National potential contamination by frost, ice, Model CL–600–2B19 (Regional Jet snow, or slush. Series 100 & 440) Airplanes and Model Archives and Records Administration CL–600–1A11 (CL–600), CL–600–2A12 (NARA). For information on the Relevant Temporary Revision (CL–601), and CL–600–2B16 (CL–601– availability of this material at NARA, Information call (202) 741–6030, or go to: http:// 3A, CL–601–3R, and CL–604) Series _ Airplanes www.archives.gov/federal register/ Bombardier has issued temporary code_of_federal_regulations/ revisions (TRs) to the applicable AGENCY: Federal Aviation ibr_locations.html. Bombardier airplane flight manuals Administration (FAA), Department of You can examine the contents of this (AFMs) as listed in the following table. Transportation (DOT). AD docket on the Internet at http:// The TRs include a new take-off ACTION: Final rule; request for dms.dot.gov, or in person at the Docket limitation to emphasize the requirement comments. Management Facility, U.S. Department for an aerodynamically clean airplane of Transportation, 400 Seventh Street during cold weather operations. The SUMMARY: The FAA is adopting a new SW., room PL–401, on the plaza level of TRs specify that, in addition to a visual airworthiness directive (AD) for all the Nassif Building, Washington, DC. check, a tactile check must be done to Bombardier Model CL–600–2B19 This docket number is FAA–2005– determine that the wing is free from (Regional Jet Series 100 & 440) airplanes 20276; the directorate identifier for this frost, ice, snow, or slush when certain and Model CL–600–1A11 (CL–600), CL– docket is 2005–NM–023–AD. weather conditions exist.

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TABLE—TRS

Bombardier model TR AFM

CL–600–1A11 (CL–600) series airplanes ...... 600/21, February 4, 2005 ...... PSP 600 (US) CL–600–1A11 (CL–600) series airplanes ...... 600–1/16, February 4, 2005 ...... PSP 600–1 (US) CL–600–2A12 (CL–601) series airplanes ...... 601/13, February 4, 2005 ...... PSP 601–1B–1 CL–600–2A12 (CL–601) series airplanes ...... 601/14, February 4, 2005 ...... PSP 601–1A–1 CL–600–2A12 (CL–601) series airplanes ...... 601/18, February 4, 2005 ...... PSP 601–1B CL–600–2A12 (CL–601) series airplanes ...... 601/26, February 4, 2005 ...... PSP 601–1A CL–600–2B16 (CL–601–3A and CL–601–3R) series airplanes 601/24, February 4, 2005 ...... PSP 601A–1 CL–600–2B16 (CL–601–3A and CL–601–3R) series airplanes 601/25, February 4, 2005 ...... PSP 601A–1–1 CL–600–2B16 (CL–604) series airplanes ...... 604/17, February 4, 2005 ...... PSP 604–1 CL–600–2B19 (Regional Jet Series 100 & 440) ...... RJ/149–1, February 1, 2005 ...... CSP A–012

Accomplishing the actions specified compliance time of within 14 days after Authority for This Rulemaking in the TRs is intended to ensure the February 8, 2005 (the effective date of Title 49 of the United States Code applicable airplane is operated in a safe Canadian airworthiness directive CF– specifies the FAA’s authority to issue condition. TCCA mandated the TRs and 2005–03). rules on aviation safety. Subtitle I, issued Canadian airworthiness section 106, describes the authority of directives CF–2005–01, dated February FAA’s Determination of the Effective 2, 2005, and CF–2005–03, dated Date the FAA Administrator. Subtitle VII, February 8, 2005, to ensure the Aviation Programs, describes in more An unsafe condition exists that detail the scope of the Agency’s continued airworthiness of these requires the immediate adoption of this airplanes in Canada. authority. AD; therefore, providing notice and We are issuing this rulemaking under FAA’s Determination and Requirements opportunity for public comment before the authority described in subtitle VII, of This AD the AD is issued is impracticable, and part A, subpart III, section 44701, These airplane models are good cause exists to make this AD ‘‘General requirements.’’ Under that manufactured in Canada and are type effective in less than 30 days. section, Congress charges the FAA with certificated for operation in the United Comments Invited promoting safe flight of civil aircraft in States under the provisions of section air commerce by prescribing regulations 21.29 of the Federal Aviation This AD is a final rule that involves for practices, methods, and procedures Regulations (14 CFR 21.29) and the requirements that affect flight safety and the Administrator finds necessary for applicable bilateral airworthiness was not preceded by notice and an safety in air commerce. This regulation agreement. Pursuant to this bilateral opportunity for public comment; is within the scope of that authority airworthiness agreement, TCCA has however, we invite you to submit any because it addresses an unsafe condition kept the FAA informed of the situation relevant written data, views, or that is likely to exist or develop on described above. We have examined arguments regarding this AD. Send your products identified in this rulemaking TCCA’s findings, evaluated all pertinent comments to an address listed under action. information, and determined that we ADDRESSES. Include ‘‘Docket No. FAA– Regulatory Findings need to issue an AD for products of this 2005–20276; Directorate Identifier type design that are certificated for 2005–NM–023–AD’’ at the beginning of We have determined that this AD will operation in the United States. your comments. We specifically invite not have federalism implications under Therefore, we are issuing this AD to comments on the overall regulatory, Executive Order 13132. This AD will prevent possible loss of control on take- economic, environmental, and energy not have a substantial direct effect on off resulting from even small amounts of aspects of the AD. We will consider all the States, on the relationship between frost, ice, snow, or slush on the wing comments received by the closing date the national government and the States, leading edges or forward upper wing and may amend the AD in light of those or on the distribution of power and surfaces. This AD requires revising the comments. responsibilities among the various airplane flight manuals to include a new levels of government. cold weather operations limitation. We will post all comments we receive, without change, to http:// For the reasons discussed above, I Differences Between This AD and the dms.dot.gov, including any personal certify that the regulation: Canadian Airworthiness Directives information you provide. We will also 1. Is not a ‘‘significant regulatory Due to the degree of urgency post a report summarizing each action’’ under Executive Order 12866; associated with the subject unsafe substantive verbal contact with FAA 2. Is not a ‘‘significant rule’’ under the condition, this AD specifies a personnel concerning this AD. Using the DOT Regulatory Policies and Procedures compliance time of within 5 days after search function of our docket web site, (44 FR 11034, February 26, 1979); and the effective date of this AD in order to anyone can find and read the comments 3. Will not have a significant closely coincide with the compliance in any of our dockets, including the economic impact, positive or negative, times specified in the Canadian name of the individual who sent the on a substantial number of small entities airworthiness directives. Canadian comment (or signed the comment on under the criteria of the Regulatory airworthiness directive CF–2005–01 behalf of an association, business, labor Flexibility Act. specifies a compliance time of within 14 union, etc.). You can review the DOT’s We prepared a regulatory evaluation days after February 2, 2005 (the effective complete Privacy Act Statement in the of the estimated costs to comply with date of Canadian airworthiness directive Federal Register published on April 11, this AD. See the ADDRESSES section for CF–2005–01). Canadian airworthiness 2000 (65 FR 19477–78), or you can visit a location to examine the regulatory directive CF–2005–03 specifies a http://dms.dot.gov. evaluation.

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List of Subjects in 14 CFR Part 39 2005–04–07 Bombardier, Inc. (Formerly characteristics, and the protection provided Canadair): Amendment 39–13979. by the stall protection system. The FAA is Air transportation, Aircraft, Aviation Docket No. FAA–2005–20276; issuing this AD to prevent possible loss of safety, Incorporation by reference, Directorate Identifier 2005–NM–023–AD. control on take-off resulting from even small Safety. Effective Date amounts of frost, ice, snow, or slush on the wing leading edges or forward upper wing Adoption of the Amendment (a) This AD becomes effective February 22, surfaces. 2005. Compliance I Accordingly, under the authority Affected ADs (e) You are responsible for having the delegated to me by the Administrator, (b) None. the FAA amends 14 CFR part 39 as actions required by this AD performed within follows: Applicability the compliance times specified, unless the (c) This AD applies to all Bombardier actions have already been done. PART 39—AIRWORTHINESS Model CL–600–2B19 (Regional Jet Series 100 Revision to Airplane Flight Manual (AFM) DIRECTIVES & 440) airplanes and Model CL–600–1A11 (CL–600), CL–600–2A12 (CL–601), and CL– (f) Within 5 days after the effective date of this AD, revise the applicable Bombardier I 600–2B16 (CL–601–3A, CL–601–3R, & CL– 1. The authority citation for part 39 AFMs, Chapter 2 Limitations—Operating continues to read as follows: 604) series airplanes; certificated in any category. Limitations section, by inserting a copy of the Authority: 49 U.S.C. 106(g), 40113, 44701. new cold weather operations limitation Unsafe Condition specified in the Canadair (Bombardier) § 39.13 [Amended] (d) This AD was prompted by a report that temporary revisions (TRs) listed in Table 1 of even small amounts of frost, ice, snow, or this AD. Thereafter, operate the airplanes per I 2. The FAA amends § 39.13 by adding slush on the wing leading edges or forward the limitation specified in the applicable TR, the following new airworthiness upper wing surfaces can cause an adverse except as provided by paragraph (g) of this directive (AD): change in the stall speeds, stall AD.

TABLE 1.—TRS

Bombardier model TR AFM

CL–600–1A11 (CL–600) series airplanes ...... 600/21, February 4, 2005 ...... PSP 600 (US) CL–600–1A11 (CL–600) series airplanes ...... 600–1/16, February 4, 2005 ...... PSP 600–1 (US) CL–600–2A12 (CL–601) series airplanes ...... 601/13, February 4, 2005 ...... PSP 601–1B–1 CL–6002A12 (CL–601) series airplanes ...... 601/14, February 4, 2005 ...... PSP 601–1A–1 CL–600–2A12 (CL–601) series airplanes ...... 601/18, February 4, 2005 ...... PSP 601–1B CL–600–2A12 (CL–601) series airplanes ...... 601/26, February 4, 2005 ...... PSP 601–1A CL–600–2B16 (CL–601–3A and CL–601–3R) series airplanes 601/24, February 4, 2005 ...... PSP 601A–1 CL–600–2B16 (CL–601–3A and CL–601–3R) series airplanes 601/25, February 4, 2005 ...... PSP 601A–1–1 CL–600–2B16 (CL–604) series airplanes ...... 604/17, February 4, 2005 ...... PSP 604–1 CL–600–2B19 (Regional Jet Series 100 & 440) ...... RJ/149–1, February 1, 2005 ...... CSP A–012

Note 1: When information identical to that Related Information with 5 U.S.C. 552(a) and 1 CFR part 51. For in a TR specified in paragraph (f) of this AD (h) Canadian airworthiness directives CF– copies of the temporary revisions, contact has been included in the general revisions of 2005–01, dated February 2, 2005, and CF– Bombardier, Inc., Canadair, Aerospace the applicable AFM, the general revisions 2005–03, dated February 8, 2005, also Group, P.O. Box 6087, Station Centre-ville, may be inserted into the AFM, and the TR address the subject of this AD. Montreal, Quebec H3C 3G9, Canada. You can may be removed from that AFM. review copies at the Docket Management Material Incorporated by Reference Facility, U.S. Department of Transportation, Alternative Methods of Compliance (i) You must use the Canadair (Bombardier) 400 Seventh Street SW., room PL–401, Nassif (AMOCs) temporary revisions to the applicable Building, Washington, DC; or at the National Bombardier airplane flight manuals specified Archives and Records Administration (g) The Manager, New York Aircraft in Table 2 of this AD to perform the actions (NARA). For information on the availability Certification Office, FAA, has the authority to that are required by this AD, unless the AD of this material at NARA, call (202) 741– approve AMOCs for this AD, if requested in specifies otherwise. The Director of the 6030, or go to http://www.archives.gov/ accordance with the procedures found in 14 Federal Register approves the incorporation federal_register/code_of_federal_regulations/ CFR 39.19. by reference of this document in accordance ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

Temporary revision Airplane flight manual

RJ/149–1, February 1, 2005 ...... CL–600–2B19 (Regional Jet Series 100 & 440), CSP A–012 600/21, February 4, 2005 ...... CL–600–1A11 (CL–600), PSP 600 (US) 600–1/16, February 4, 2005 ...... CL–600–1A11 (CL–600), PSP 600–1 (US) 601/13, February 4, 2005 ...... CL–600–2A12 (CL–601), PSP 601–1B–1 601/14, February 4, 2005 ...... CL–600–2A12 (CL–601), PSP 601–1A–1 601/18, February 4, 2005 ...... CL–600–2A12 (CL–601), PSP 601–1B 601/24, February 4, 2005 ...... CL–600–2B16 (CL–601–3A and CL–601–3R), PSP 601A–1 601/25, February 4, 2005 ...... CL–600–2B16 (CL–601–3A and CL–601–3R), PSP 601A–1–1 601/26, February 4, 2005 ...... CL–600–2A12 (CL–601), PSP 601–1A 604/17, February 4, 2005 ...... CL–600–2B16 (CL–604), PSP 604–1

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Issued in Renton, Washington, on February 1601 Lind Avenue, SW., Renton, the proposed AD with Directorate 10, 2005. Washington; or at the National Archives Identifier 2002–NM–352–AD, we have Kalene C. Yanamura, and Records Administration (NARA). determined that it is in the best interest Acting Manager, Transport Airplane For information on the availability of of the FAA and the U.S. operators to Directorate, Aircraft Certification Service. this material at NARA, call (202) 741– combine the requirements of both of our [FR Doc. 05–2964 Filed 2–16–05; 8:45 am] 6030, or go to: http://www.archives.gov/ proposed ADs into this AD. The BILLING CODE 4910–13–P federal_register/ requirements in this AD adequately code_of_federal_regulations/ address the identified unsafe condition ibr_locations.html. specified in 2002–NM–352–AD. DEPARTMENT OF TRANSPORTATION Accordingly, the proposed AD with FOR FURTHER INFORMATION CONTACT: Directorate Identifier 2002–NM–352–AD Federal Aviation Administration Todd Thompson, Aerospace Engineer, International Branch, ANM–116, FAA, will be withdrawn after this AD is issued. The DAC and the airplane 14 CFR Part 39 Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, WA 98055– manufacturer support our decision. [Docket No. 2003–NM–237–AD; Amendment 4056; telephone (425) 227–1175; fax Comments 39–13977; AD 2005–04–05] (425) 227–1149. Interested persons have been afforded RIN 2120–AA64 SUPPLEMENTARY INFORMATION: A an opportunity to participate in the proposal to amend part 39 of the Federal making of this amendment. Due Airworthiness Directives; Empresa Aviation Regulations (14 CFR part 39) to consideration has been given to the Brasileira de Aeronautica S.A. include an airworthiness directive (AD) comments received. (EMBRAER) Model EMB–135 and –145 that is applicable to certain EMBRAER Series Airplanes Model EMB–135 and –145 series Request To Allow Part Number (P/N) airplanes was published in the Federal 3505910–6 as a Replacement Part AGENCY: Federal Aviation Register on February 19, 2004 (69 FR Administration (FAA), Department of Three commenters request that air 7707). That action proposed to require Transportation (DOT). turbine starter (ATS) P/N 3505910–6 be repetitive detailed inspections of the oil included in the proposed AD as an ACTION: Final rule. in the air turbine starter (ATS) to acceptable replacement part. (The SUMMARY: This amendment adopts a determine the quantity of the oil and the proposed AD states that an affected ATS new airworthiness directive (AD), amount of debris contamination in the should be replaced with a new or applicable to certain EMBRAER Model oil. If the oil quantity was incorrect or serviceable ATS having P/N 3505910–4 EMB–135 and –145 series airplanes. if excessive debris was found in the oil, or P/N 3505910–5.) This AD requires repetitive detailed that proposal would have required We agree with the commenters’ inspections of the oil in the air turbine replacement of the ATS with a new or requests. We have revised the Summary starter (ATS) to determine the quantity serviceable ATS having the same part section of this AD by deleting the text of the oil and the amount of debris number, and continued repetitive that states that the ATS should be contamination in the oil. If the oil detailed inspections. That proposal replaced with an ATS having the same quantity is incorrect or if excessive would also have required eventual part number. Paragraph (d) of this AD debris is found in the oil, this AD replacement of each ATS with a new has been revised to include P/N requires replacement of the ATS with a improved ATS having a new part 3505910–6 as an additional acceptable new or serviceable ATS, and continued number, which would constitute replacement part. repetitive detailed inspections. This AD terminating action for the repetitive Request To Allow Replacement of ATS also requires eventual replacement of detailed inspections. Within 50 Hours Instead of Before each ATS with a new, improved ATS, Actions Since Proposed AD Was Issued Further Flight which constitutes terminating action for Since we issued the proposed AD, we Two commenters request that the the repetitive detailed inspections. This have determined that the Departmento proposed AD be revised so that, if the action is necessary to prevent a flash fire de Aviacao Civil (DAC), which is the results of an inspection of the oil in the nacelle, which would result in airworthiness authority for Brazil, indicate that the ATS should be the flightcrew shutting down the engine issued two Brazilian airworthiness replaced, operators may continue to use during flight, and consequent reduced directives that address that same unsafe that ATS for an additional 50 flight controllability of the airplane. This condition. The DAC issued Brazilian hours before doing the replacement. action is intended to address the airworthiness directive 2001–09–04, (Paragraph (d) of the proposed AD identified unsafe condition. dated October 10, 2001. The DAC also specifies that that the ATS should be DATES: Effective March 24, 2005. issued Brazilian airworthiness directive replaced prior to further flight.) One The incorporation by reference of 2003–07–01, Revision 01, dated commenter states that the 50-hour grace certain publications listed in the December 23, 2003. We issued a parallel period should be acceptable because regulations is approved by the Director proposed AD for each Brazilian Brazilian airworthiness directive 2003– of the Federal Register as of March 24, airworthiness directive. One proposed 07–01R1, dated December 23, 2003, 2005. AD, Directorate Identifier 2002–NM– allows ATS units that don’t show ADDRESSES: The service information 352–AD, was published in the Federal evidence of wear or failure to go back referenced in this AD may be obtained Register on December 18, 2003 (68 FR into service for 50 flight hours before from Empresa Brasileira de Aeronautica 243). The other proposed AD, replacement. The commenter also states S.A. (EMBRAER), P.O. Box 343—CEP Directorate Identifier 2003–NM–237– that, based on service history, the 12.225, Sao Jose dos Campos—SP, AD, was published in the Federal additional 50 flight hours is very Brazil. This information may be Register on February 19, 2004 (69 FR conservative. The other commenter examined at the Federal Aviation 7707). states that EMBRAER Service Bulletin Administration (FAA), Transport Upon further evaluation, and based 145–80–0005, Revision 02, dated Airplane Directorate, Rules Docket, on comments received in response to September 16, 2003, allows a grace

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period of 50 flight hours, and that Request To Include Secondary Test for service bulletins include procedures for operators incorporating that service Certain ATSs operators that have incorporated the bulletin have not reported failures or One commenter notes that Brazilian Rolls-Royce service bulletin and service interruptions within 50 hours of airworthiness directive 2003–07–01R1 procedures for operators that have not the service inspection. includes a provision that a new ATS incorporated the Rolls-Royce service We agree to allow a 50-hour grace should not be replaced during the first bulletin. Also, operators may period for ATSs that meet the criteria 400 hours of operation after installation voluntarily incorporate the Rolls-Royce specified in EMBRAER Service Bulletin if oil system debris is detected during an service bulletin. No change has been made to this AD regarding this issue. 145–80–0005, Revision 02. We inspection. The proposed AD does not The same commenter states that misinterpreted the Brazilian include that provision. The commenter requiring the EMBRAER EMB–135 and airworthiness directive and, in the states that metallic debris is normal proposed AD, identified the 50-hour –145 fleet to install P/N 3505910–6 during the ‘‘wear-in’’ of a new ATS. within two years after the effective date grace period as a difference between the Such debris does not necessarily proposed AD and the Brazilian of the proposed AD is an unnecessary indicate abnormal wear or imminent hardship given the improvements made airworthiness directive. We have failure of the part. The commenter also determined that a 50-hour grace period by incorporating the Rolls-Royce service states that EMBRAER Service Bulletins bulletin. The commenter states that the will allow airplanes to continue to 145–80–0005, Revision 02, dated operate without compromising safety. procedures in the Rolls-Royce service September 16, 2003; and 145LEG–80– bulletin include removing the drain cap, Paragraph (d) of this AD has been 0001, Revision 01, dated April 10, 2003; revised to specify that an ATS should be which would attenuate the oil migration include a secondary test (referred to as and seal damage, making the potential replaced at the times specified in the a ‘‘penalty run’’ in the service bulletins) applicable service bulletin. for a low-oil/backdrive failure much less that should be conducted on new ATSs likely. The commenter notes that it took Request To Change Compliance Time that show metallic particles on the operators almost a year to accomplish for Initial Inspection magnetic drain plug. (Those service the ‘‘simple’’ Rolls-Royce service bulletins were cited in the proposed AD One commenter requests that the FAA bulletin. We infer that the commenter as acceptable sources of service requests an extension of the compliance revise the compliance time for the information for inspecting the ATS.) initial detailed inspection specified in time specified in paragraph (e) of the The results of the secondary test will proposed AD. paragraph (b) of the proposed AD. The help operators determine if metal debris We do not agree to extend the commenter provides two suggestions for is a result of the normal ‘‘wear-in’’ compliance time in paragraph (e) of this making this change. The first suggestion period or abnormal ATS wear, or is from AD. Although the preventative measures is to either delete the statement a different part of the engine. provided in the Rolls-Royce service ‘‘whichever comes first’’ or change that We agree that, if an ATS has less than bulletin address the primary cause of statement to ‘‘whichever comes later.’’ 400 flight hours since new or last backdrive events, other contributing The second suggestion is to change the overhaul, operators should be allowed causes of backdrive events still exist. initial inspection threshold from the option of performing the secondary Also, the commenter did not provide ‘‘Within 200 flight hours or 90 days’’ to test. This option allows airplanes to data that substantiate that all operators ‘‘Within 500 flight hours or 180 days.’’ continue to operate without have incorporated the Rolls-Royce The commenter states that it is already compromising safety. Paragraph (d) of service bulletin. Furthermore, the accomplishing the intent of the this AD has been revised to allow parallel Brazilian airworthiness proposed AD. Since August 2003, the operators the option of replacing the directive specifies that all ATS P/Ns commenter has repetitively inspected ATS before further flight or performing 3505910–4 and –5 should be replaced the ATS in its fleet of airplanes at the secondary test in accordance with with ATS, P/N 3505910–6, before March intervals of 500 flight hours. The the applicable service bulletin. 1, 2006. Since we do not use calendar commenter contends that, by changing dates in the compliance times for our the threshold for the initial inspection Request To Include Additional Service Information ADs, we considered the safety in the proposed AD, the FAA and the implications, the manufacturer’s commenter would conserve resources One commenter requests that the recommendations, and the Brazilian regarding the processing of requests for proposed AD be revised to require airworthiness authority’s alternative methods of compliance operators to incorporate Rolls-Royce recommendations, and determined that (AMOCs) related to the compliance time Service Bulletin AE 3007A–72–253, accomplishment of the part replacement for the initial detailed inspection. dated September 13, 2002. The within 26 months after the effective date We do not agree with the commenter’s commenter states that the Rolls-Royce of the AD represents an appropriate request to change the threshold for the service bulletin includes procedures for interval of time for affected airplanes to initial detailed inspection. In installing a vented quick access drain continue to operate without developing an appropriate threshold for (QAD) adapter. The QAD adapter compromising safety. However, under this AD, we considered the safety alleviates a contributing cause of the the provisions of paragraph (g) of this implications, the manufacturer’s ATS failure. AD, we may consider requests for recommendations, the Brazilian We partially agree. We agree that adjustments to the compliance time if airworthiness authority’s installing the QAD adapter alleviates a data are submitted to substantiate that recommendations, and operators’ contributing cause of the ATS failure; such an adjustment would provide an maintenance schedules. Under the however, we will not revise this AD to acceptable level of safety. provisions of paragraph (g) of this AD, require operators to perform the actions however, we may consider requests for in the Rolls-Royce service bulletin. The Request To Clarify Unsafe Condition adjustments to this compliance time if parallel Brazilian airworthiness Two commenters mention that the data are submitted to substantiate that directive does not require operators to unsafe condition statement in the such an adjustment would provide an incorporate the Rolls-Royce service proposed AD is inaccurate. One acceptable level of safety. bulletin, and the associated EMBRAER commenter states that the unsafe

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condition statement implies that a fire debris. As provided by paragraph (g) of Request To Delete Note Regarding in an engine section is a direct cause of this AD, the commenter may apply for Submission of Information the engine shutdown, when actually a an AMOC. One commenter states that the fire started by an ATS would be Request To Omit Repetitive Inspections proposed AD mentions that Honeywell detected by the fire detection system Service Bulletin 3505910–80–1789, One commenter supports the issuance and annunciated to the flightcrew. The dated August 19, 2003, specifies to of the proposed AD but raises several engine shutdown is a result of the submit certain information to questions. The commenter questions the flightcrew’s response to the fire. The Honeywell. (That service bulletin was purpose of including repetitive other commenter states that the phrases referenced as an additional source of inspections in the proposed AD. The ‘‘prevent a flash fire’’ and ‘‘cause the service information in the proposed commenter also asks if 180 ‘‘hours’’ engine to shut down’’ are incorrect. The AD.) The commenter states that Service between inspections is too much time. commenter notes that the improved Bulletin 3505910–80–1789 has been The commenter notes that if abrasive ATS, P/N 3505910–6, prevents ATS revised and no longer requests operators particles become suspended in a backdrive failures. The commenter to submit information to Honeywell. We lubricating substance within the first 90 states that backdrive failures do not infer that the commenter is requesting days, there is an ineffective lubrication necessarily result in a flash fire or that the references to submitting certain system for 90 more days. The always result in engine shutdown. We information to Honeywell be deleted commenter also proposes several infer that the commenters are requesting from the proposed AD. that the unsafe condition statement in solutions for addressing the unsafe We do not agree to revise this AD the proposed AD be revised. condition of debris in the oil of the ATS. regarding the submission of information We agree that the unsafe condition The commenter states that requiring the to Honeywell. To date, we have not statement implies that a fire in an immediate replacement of the ATS received a copy of the revised service engine section directly causes an engine when the AD is published would be bulletin and to our knowledge the shutdown. We do not agree that the more cost effective than requiring revised service bulletin has not been phrases ‘‘prevent a flash fire’’ and repetitive inspections and eventual issued. Furthermore, when the revised ‘‘cause the engine to shut down’’ are replacement of the ATS. The commenter service bulletin is issued, the incorrect. The end result of the unsafe states that the immediate part requirements of this AD will not be condition is the possibility of a flash fire replacement would also be safer. We affected by the omission of the request and an engine shutdown. The intent of infer that the commenter is requesting to submit information to Honeywell. this AD is to require operators to install that the proposed AD be revised to omit Since the Honeywell service bulletin is the new, improved ATS, P/N 3505910– the repetitive inspections specified in cited as a secondary source of service 6, which prevents the ATS backdrive paragraph (b) of that AD, and to information in this AD, it is referenced failures. Therefore, until operators mandate only the replacement of any in a note. Notes in ADs provide install P/N 3505910–6, the possibility of ATS having P/N 3505910–4 or P/N additional information only and do not a flash fire and engine shutdown still 3505910–5 with an ATS having P/N include requirements. No change has exists. The unsafe condition statement 3505910–6, as specified in paragraph (e) been made to this AD regarding this in this AD has been revised to state: ‘‘To of that AD. We also infer that the issue. prevent a flash fire in the nacelle, which commenter is requesting a reduction of would result in the flightcrew shutting the compliance time for the repetitive Conclusion down the engine during flight, and inspection intervals. After careful review of the available consequent reduced controllability of We do not agree that the repetitive data, including the comments noted the airplane.’’ inspections of the ATS oil should be above, we have determined that air deleted from paragraph (e) of this AD, safety and the public interest require the Request To Allow Alternative Method or that the compliance time for the for Repetitive Inspections adoption of the rule with the changes repetitive inspection intervals should be described previously. We have One commenter states that it services reduced. Also, the repetitive inspection determined that these changes will the ATS oil system of its fleet every interval specified in paragraph (b) of neither increase the economic burden routine check (7 days), as specified in this AD is 180 days, not 180 hours. The on any operator nor increase the scope Subtask 80–10–01–610–001–A00, dated commenter did not provide any data to of the AD. August 28, 2004, in Chapter 80–10–01 substantiate the termination of the of the EMBRAER EMB–145 Aircraft repetitive inspections of the oil in the Cost Impact Maintenance Manual (AMM). The ATS, or the reduction of the compliance We estimate that 459 airplanes of U.S. commenter asks if it is acceptable to the time for the repetitive inspection registry will be affected by this AD, that FAA to continue this practice. We infer intervals. Both the Brazilian it will take approximately 1 work hour that the commenter is requesting to airworthiness directive and EMBRAER per airplane to inspect the oil in the perform the repetitive inspections in the Service Bulletins 145–80–0005, ATS, and that the average labor rate is AMM instead of the repetitive detailed Revision 02, dated September 16, 2003; $65 per work hour. Based on these inspections specified in paragraph (b) of and 145LEG–80–0001, Revision 01, figures, the cost impact of the AD on this AD. dated April 10, 2003; include provisions U.S. operators is estimated to be It is acceptable for the commenter to for repetitive inspections. The Brazilian $29,835, or $65 per airplane, per continue doing the procedures specified airworthiness directive mandates the inspection cycle. in Subtask 80–10–01–610–001–A00. detailed inspections at intervals of 500 We estimate it will take However, after reviewing the subtask, flight hours or 180 days, whichever approximately 2 work hours per we have determined that those occurs first. We have determined that airplane to replace the ATS, and that the procedures do not satisfy the the repetitive inspections are needed to average labor rate is $65 per work hour. requirements of this AD. The ensure the continued operational safety Based on these figures, the cost impact procedures in the subtask are for of the affected airplanes. No change has of the replacement on U.S operators is determining the oil level of the ATS, not been made to this AD regarding these estimated to be $59,670, or $130 per for inspecting the oil in the ATS for issues. airplane.

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The cost impact figures discussed Docket at the location provided under Repetitive Detailed Inspection above are based on assumptions that no the caption ADDRESSES. (b) Within 200 flight hours or 90 days after operator has yet accomplished any of the effective date of this AD, whichever List of Subjects in 14 CFR Part 39 the requirements of this AD action, and occurs first: Perform a detailed inspection of the oil in the air turbine starter (ATS) to that no operator would accomplish Air transportation, Aircraft, Aviation those actions in the future if this AD determine the quantity of oil and to safety, Incorporation by reference, determine the amount of debris were not adopted. The cost impact Safety. contamination in the oil in accordance with figures discussed in AD rulemaking the applicable service bulletin. Repeat the actions represent only the time Adoption of the Amendment inspection at intervals not to exceed 500 necessary to perform the specific actions flight hours or 180 days, whichever occurs I actually required by the AD. These Accordingly, pursuant to the authority first. figures typically do not include delegated to me by the Administrator, Note 2: For the purposes of this AD, a incidental costs, such as the time the Federal Aviation Administration detailed inspection is defined as: ‘‘An required to gain access and close up, amends part 39 of the Federal Aviation intensive visual examination of a specific planning time, or time necessitated by Regulations (14 CFR part 39) as follows: structural area, system, installation, or assembly to detect damage, failure, or other administrative actions. PART 39—AIRWORTHINESS irregularity. Available lighting is normally Authority for This Rulemaking DIRECTIVES supplemented with a direct source of good lighting at intensity deemed appropriate by The FAA’s authority to issue rules I 1. The authority citation for part 39 the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface regarding aviation safety is found in continues to read as follows: Title 49 of the United States Code. cleaning and elaborate access procedures Subtitle I, Section 106, describes the Authority: 49 U.S.C. 106(g), 40113, 44701. may be required.’’ authority of the FAA Administrator. § 39.13 [Amended] Oil Replacement if Oil Quantity Is Correct Subtitle VII, Aviation Programs, and No Excessive Debris Is Found I describes in more detail the scope of the 2. Section 39.13 is amended by adding (c) If, during the inspection required by agency’s authority. the following new airworthiness paragraph (b) of this AD, no oil debris This rulemaking is promulgated directive: contamination is found that is in excess of under the authority described in 2005–04–05 Empresa Brasileira De the limits allowed by the applicable service Subtitle VII, Part A, Subpart III, Section Aeronautica S.A. (Embraer): bulletin; and if the amount of oil in the ATS 44701, ‘‘General requirements.’’ Under Amendment 39–13977. Docket 2003– is correct: Prior to further flight, replace the oil in the ATS with new oil, in accordance NM–237–AD. that section, Congress charges the FAA with the applicable service bulletin. with promoting safe flight of civil Applicability: Model EMB–135 and –145 aircraft in air commerce by prescribing series airplanes, with air turbine starter ATS Replacement if Oil Quantity Is regulations for practices, methods, and (ATS) units having part numbers (P/N) Incorrect or if Excessive Debris Is Found procedures the Administrator finds 3505910–4 or –5; certificated in any category. (d) If, during the inspection required by necessary for safety in air commerce. Compliance: Required as indicated, unless paragraph (b) of this AD, the oil quantity is accomplished previously. This regulation is within the scope of found to be incorrect; or if oil debris To prevent a flash fire in the nacelle, contamination is found that is in excess of that authority because it addresses an which would result in the flightcrew shutting the limits allowed by the applicable service unsafe condition that is likely to exist or down the engine during flight, and bulletin: Replace the ATS with a new or develop on products identified in this consequent reduced controllability of the serviceable ATS having part number (P/N) AD. airplane, accomplish the following: 3505910–4, P/N 3505910–5, or P/N 3505910– 6, at the times specified in and in accordance Regulatory Impact Service Bulletin Reference with the applicable service bulletin. If an The regulations adopted herein will (a) The term ‘‘service bulletin,’’ as used in affected ATS has less than 400 flight hours this AD, means the Accomplishment since new or last overhaul, the ‘‘penalty run’’ not have a substantial direct effect on Instructions of the following service test may be performed before further flight the States, on the relationship between bulletins, as applicable: and the ATS replaced at the times specified the national Government and the States, (1) For the detailed inspection and in and in accordance with the applicable or on the distribution of power and replacements specified in paragraphs (b), (c) service bulletin. and (d) of this AD: For Model EMB–135 BJ responsibilities among the various Terminating Action levels of government. Therefore, it is series airplanes, EMBRAER Service Bulletin determined that this final rule does not 145LEG–80–0001, Revision 01, dated April (e) Within 26 months after the effective 10, 2003; and for all other affected airplanes, date of this AD, replace any ATS having have federalism implications under P/N 3505910–4 or –5 with a new ATS having Executive Order 13132. EMBRAER Service Bulletin 145–80–0005, Revision 02, dated September 16, 2003. P/N 3505910–6 in accordance with the For the reasons discussed above, I (2) For the replacement specified in applicable service bulletin. This replacement certify that this action (1) is not a paragraph (e) of this AD: For Model EMB– constitutes terminating action for the ‘‘significant regulatory action’’ under 135 BJ series airplanes, EMBRAER Service repetitive detailed inspections required by Executive Order 12866; (2) is not a Bulletin 145LEG–80–0002, dated October 2, paragraph (b) of this AD. ‘‘significant rule’’ under DOT 2003; and for all other affected airplanes, Actions Accomplished per Previous Issue of Regulatory Policies and Procedures (44 EMBRAER Service Bulletin 145–80–0006, Service Bulletin 145–80–0005 dated October 2, 2003. FR 11034, February 26, 1979); and (3) (f) Actions accomplished before the will not have a significant economic Note 1: These service bulletins refer to effective date of this AD per EMBRAER impact, positive or negative, on a Honeywell Service Bulletin 3505910–80– Service Bulletin 145–80–0005, Revision 01, substantial number of small entities 1789, dated August 19, 2003, as an additional dated April 10, 2003, are considered source of service information. The Honeywell under the criteria of the Regulatory acceptable for compliance with the service bulletin is included in the EMBRAER corresponding actions specified in this AD. Flexibility Act. A final evaluation has service bulletins. Although this Honeywell been prepared for this action and it is service bulletin specifies to submit certain Alternative Methods of Compliance contained in the Rules Docket. A copy information to the manufacturer, this AD (g) In accordance with 14 CFR 39.19, the of it may be obtained from the Rules does not include such a requirement. Manager, International Branch, ANM–116,

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Transport Airplane Directorate, FAA, is food additive regulations to provide for II. Introduction authorized to approve alternative methods of the safe use of acacia (gum arabic) as a A. Identity compliance for this AD. thickener, emulsifier, or stabilizer in B. Regulated Food Uses III. Safety Evaluation Incorporation by Reference alcoholic beverages at a maximum use level of 20 percent. This action is in A. Proposed Use and Exposure (h) The actions shall be done in accordance B. Safety Assessment with the service information specified in response to a petition filed by Kerry, IV. Conclusions Table 1 of this AD, as applicable. This Inc. V. Environmental Impact incorporation by reference was approved by DATES: This rule is effective February VI. Paperwork Reduction Act of 1995 the Director of the Federal Register in 17, 2005. Submit written objections and VII. References accordance with 5 U.S.C. 552(a) and 1 CFR VIII. Objections part 51. Copies may be obtained from requests for a hearing by March 21, Empresa Brasileira de Aeronautica S.A. 2005. The Director of the Office of the I. Background (EMBRAER), P.O. Box 343—CEP 12.225, Sao Federal Register approves the Jose dos Campos—SP, Brazil. Copies may be incorporation by reference in The petition was initially filed as a inspected at the FAA, Transport Airplane accordance with 5 U.S.C. 552(a) and 1 generally recognized as safe (GRAS) Directorate, 1601 Lind Avenue, SW., Renton, CFR part 51 of certain publications in 21 affirmation petition (GRASP 3G0287) as Washington; National Archives and Records CFR 172.780 as of February 17, 2005. announced in a notice published in the Administration (NARA). For information on ADDRESSES: You may submit written Federal Register on October 13, 1983 the availability of this material at NARA, call (48 FR 46626). The GRAS affirmation (202) 741–6030, or go to: http:// objections and requests for a hearing, www.archives.gov/federal_register/ identified by Docket No. 2003F–0023, petition was filed by Beatrice Foods Co. code_of_federal_regulations/ by any of the following methods: (now Kerry, Inc.) and proposed to ibr_locations.html. • Federal eRulemaking Portal: http:// amend part 184 (21 CFR part 184) in www.regulations.gov. Follow the § 184.1330 Acacia (gum arabic) to TABLE 1.—MATERIAL INCORPORATED instructions for submitting comments. permit the use of gum acacia (arabic) in BY REFERENCE • Agency Web site: http:// alcoholic beverages up to a maximum www.fda.gov/dockets/ecomments. level of 20 percent in the finished EMBRAER serv- Revision Date Follow the instructions for submitting preparation (liqueur). ice bulletin level comments on the agency Web site. In a letter dated September 21, 2000, • E-mail: [email protected]. 145–80–0005 .... 02 ...... Sept. 16, Kerry, Inc., requested that FDA convert 2003. Include Docket No. 2003F–0023 in the the filed GRAS affirmation petition to a 145–80–0006 .... Original .. Oct. 2, 2003. subject line of your e-mail message. GRAS notice in accordance with the • FAX: 301–827–6870. agency’s proposed rule for Substances 145LEG–80– 01 ...... Apr. 10, 2003. • 0001. Mail/Hand delivery/Courier [For Generally Recognized as Safe published 145LEG–80– Original .. Oct. 2, 2003. paper, disk, or CD-ROM submissions]: April 17, 1997 (62 FR 18938). Consistent 0002. Division of Dockets Management (HFA– with this request, FDA converted the 305), Food and Drug Administration, GRAS affirmation petition to GRAS Note 3: The subject of this AD is addressed 5630 Fishers Lane, rm. 1061, Rockville, Notice No. GRN 000058. In its in Brazilian airworthiness directive 2003–07– MD 20852. evaluation of this GRAS notice (Ref. 1), 01R1, dated December 23, 2003. Instructions: All submissions received the agency considered that § 184.1(b)(2) must include the agency name and Effective Date was established at the same time that docket number for this rulemaking. All the GRAS status of some uses of acacia (i) This amendment becomes effective on objections received will be posted March 24, 2005. were affirmed and that the limitations in without change to http://www.fda.gov/ § 184.1(b)(2) were intended to apply to Issued in Renton, Washington, on February ohrms/dockets/default.htm, including the GRAS listing for acacia. According 2, 2005. any personal information provided. For to § 184.1(b)(2), if an ingredient is Ali Bahrami, detailed instructions on submitting affirmed as GRAS with specific objections, see the ‘‘Objections’’ heading Manager, Transport Airplane Directorate, limitations on the conditions of use, any Aircraft Certification Service. of the SUPPLEMENTARY INFORMATION use of the ingredient not in full section of this document. [FR Doc. 05–2842 Filed 2–16–05; 8:45 am] compliance with the limitations BILLING CODE 4910–13–P Docket: For access to the docket to read background documents or requires a food additive regulation. comments received, go to http:// Given the options discussed in the www.fda.gov/ohrms/dockets/ agency response letter to GRN 000058 DEPARTMENT OF HEALTH AND (Ref. 1), Kerry, Inc., requested in a letter HUMAN SERVICES default.htm and insert the docket number, found in brackets in the dated September 6, 2001, that FDA convert GRN 000058 to a food additive Food and Drug Administration heading of this document, into the ‘‘Search’’ box and follow the prompts petition. 21 CFR Part 172 and/or go to the Division of Dockets In a notice published in the Federal Management, 5630 Fishers Lane, rm. Register on February 13, 2003 (68 FR [Docket No. 2003F–0023] 1061, Rockville, MD 20852. 7381), FDA announced that a food additive petition (FAP 1A4730) had Food Additives Permitted for Direct FOR FURTHER INFORMATION CONTACT: Mical Honigfort, Center for Food Safety been filed by Kerry, Inc., c/o Bell, Boyd, Addition to Food for Human and Lloyd, LLC, Three First National Consumption; Acacia (Gum Arabic) and Applied Nutrition (HFS–265), Food and Drug Administration, 5100 Paint Plaza, 70 West Madison St., suite 3300, AGENCY: Food and Drug Administration, Branch Pkwy., College Park, MD 20740, Chicago, IL 60602–4207. The petition HHS. 301–436–1278. proposes to amend the food additive regulations in part 172 (21 CFR part ACTION: Final rule. SUPPLEMENTARY INFORMATION: 172) to provide for the safe use of acacia SUMMARY: The Food and Drug Table of Contents (gum arabic) as a thickener, emulsifier, Administration (FDA) is amending the I. Background or stabilizer in the manufacture of

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creamers for use in alcoholic beverages under § 184.1330 to demonstrate that Organization) Expert Committee on at a maximum use level of 20 percent. acacia is effective as a thickener, Food Additives (JECFA) evaluated emulsifier, or stabilizer in alcoholic acacia for acceptable daily intake and II. Introduction beverages. did not place a limit on acacia’s dietary A. Identity The petitioner estimates that the use beyond the criterion that it should Acacia is the dried gummy exudate exposure to acacia from the proposed be used within the bounds of good from stems and branches of trees of use would be 0.75 gram per person per manufacturing practice, i.e., it should be various species of the genus Acacia, day (g/p/d) based on these factors: (1) technologically efficacious and should family Leguminosae. Numerous species The total number of cases of cordials, be used at the lowest level necessary to have been attributed to this genus. Most liqueurs, and prepared cocktails (which achieve this effect, it should not conceal of the acacia used in the United States are the types of beverages likely to inferior food quality or adulteration, and is obtained from Acacia senegal. The contain acacia) sold in the United States it should not create nutritional gum consists of the calcium, in 1992, (2) the portion of the imbalance (Ref. 6). magnesium, and potassium salts of population that could legally drink In 1983, 1987, 1988, and 1992, the arabic acid, a polysaccharide acid. The alcoholic beverages in the United States agency conducted searches of the polysaccharide is a sugar polymer that in 1980, and (3) the acacia use-level scientific literature on acacia with a is composed of L-arabinose, D-galactose, range in such beverages of 12 to 20 special emphasis on potential L-rhamnose, and D-glucuronic acid. The percent. Based on the legal drinking-age hypersensitivity and allergic reaction. relative proportions of the sugars differ limit, only a subset of the population Based on a review of the reference among different species of acacia. will be exposed to acacia in alcoholic materials obtained through these beverages. literature searches, the agency B. Regulated Food Uses FDA has reviewed the petitioner’s concluded that while there was In the Federal Register of September exposure data and concurs that the evidence that acacia is associated with 23, 1974 (39 FR 34203), FDA published proposed use of acacia in alcoholic dermal/bronchial hypersensitivity in beverages will increase intake for that a proposed rule to affirm that the use of workers handling acacia dust in the subset of the population that consumes acacia as a direct human food ingredient workplace (e.g., printing industry), the these alcoholic beverages by no more is GRAS, with specific limitations. In evidence for the allergic potential of than 0.75 g/p/d (Ref. 3), an increase of the Federal Register of December 7, acacia was extremely weak (Refs. 7 and approximately 30 percent over the 1976 (41 FR 53608), FDA issued a final 8). cumulative estimated daily intake of rule based on this proposal, amending Based on its review of the safety data the regulations in part 121 (21 CFR part acacia for existing uses, estimated previously to be 2.5 g/p/d (Ref. 4). (Ref. 9), FDA concludes that the 121) to affirm that acacia (gum arabic) additional use of acacia in alcoholic is GRAS. In the Federal Register of B. Safety Assessment beverages is safe. March 15, 1977 (42 FR 14302 at 14653), The petitioner relied on toxicological acacia (gum arabic) was redesignated IV. Conclusions from § 121.104(g)(19) to part 184 by data contained in the 1973 report of the Select Committee (Ref. 2) to support the From the review of the available adding § 184.1330 Acacia (gum arabic). information, the agency concludes that Under § 184.1330, acacia is affirmed as safety of the use of acacia in alcoholic beverages. In its report, the Select acacia may be safely used as a thickener, GRAS for use in various specific food emulsifier, or stabilizer in alcoholic categories at levels ranging from 1.3 to Committee evaluated all of the available safety information on acacia and beverages at a maximum use level of 20 85.0 percent. Use of acacia in all other percent in the final beverage. Therefore, food categories, including alcoholic concluded that acacia poses no safety hazard to the public when it is used at the regulations in part 172 should be beverages, is currently limited to not amended as set forth below. more than 1.0 percent. the then current levels (Ref. 2, p. 10). The petitioner in this proceeding has The Select Committee believed, In accordance with § 171.1(h) (21 CFR requested the approval of the use of however, that because of the potential 171.1(h)), the petition and the acacia as a thickener, emulsifier, or for allergies to acacia, it was not documents that FDA considered and stabilizer in alcoholic beverages at a use possible without additional data to relied upon in reaching its decision to level not to exceed 20 percent in the determine whether significant increases approve the petition are available for final beverage. in consumption of acacia would inspection at the Center for Food Safety constitute a dietary hazard (Ref. 2, pp. and Applied Nutrition by appointment III. Safety Evaluation 9 and 10). with the information contact person. As In order to establish, with reasonable FDA conducted literature searches provided in § 171.1(h), the agency will certainty, that a new food additive is not that updated the information that had delete from the documents any harmful under its intended conditions formed the basis of the Select materials that are not available for of use, FDA considers the projected Committee report. The agency reviewed public disclosure before making the human dietary exposure to the additive, toxicological data from a 1982 National documents available for inspection. the additive’s toxicological data, and Toxicology Program (NTP) report of 2- V. Environmental Impact other relevant information available to year carcinogenicity feeding studies on the agency. acacia in F344 rats and B6C3F1 mice. The agency has previously considered The agency evaluated the the environmental effects of this rule as A. Proposed Use and Exposure carcinogenicity of acacia and concluded announced in the notice of filing for The petitioner proposes to use acacia that F344 rats and B6C3F1 mice FAP 1A4730 (68 FR 7381). No new in alcoholic beverages where a creamy consuming diets containing up to 5- information or comments have been consistency was desired. The petitioner percent acacia for 2 years showed no received that would affect the agency’s relies on the 1973 report of the Select increased incidences of tumors at any previous determination that there is no Committee on GRAS Substances (the site (Ref. 5). significant impact on the human Select Committee) (Ref. 2, p. 2) and the The Joint FAO/WHO (Food and environment and that an environmental previously approved uses of acacia Agriculture Organization/World Health impact statement is not required.

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VI. Paperwork Reduction Act of 1995 waiver of the right to a hearing on that 20740, or at the National Archives and This final rule contains no collection objection. Each numbered objection for Records Administration (NARA). For of information. Therefore, clearance by which a hearing is requested shall information on the availability of this the Office of Management and Budget include a detailed description and material at NARA, call 202–741–6030, analysis of the specific factual or go to: http://www.archives.gov/ under the Paperwork Reduction Act of __ 1995 is not required. information intended to be presented in federal register/ support of the objection in the event code__of__federal__regulations/ VII. References that a hearing is held. Failure to include ibr__locations.html. The following references have been such a description and analysis for any (c) The ingredient is used as a placed on display in the Division of particular objection shall constitute a thickener, emulsifier, or stabilizer in Dockets Management (address above) waiver of the right to a hearing on the alcoholic beverages at a use level not to and may be seen by interested persons objection. Three copies of all documents exceed 20 percent in the final beverage. between 9 a.m. and 4 p.m., Monday are to be submitted and are to be Dated: November 16, 2004. through Friday. identified with the docket number found in brackets in the heading of this Leslye M. Fraser, 1. Letter from A. Rulis, Office of Food document. Any objections received in Director, Office of Regulations and Policy, Additive Safety, to J. Lemker, Bell, Boyd, and response to the regulation may be seen Center for Food Safety and Applied Nutrition. Lloyd, LLC, ‘‘Agency Response Letter, GRAS [FR Doc. 05–3026 Filed 2–16–05; 8:45 am] Notice No. GRN 000058,’’ October 1, 2001, in the Division of Dockets Management BILLING CODE 4160–01–S Internet address: http://www.cfsan.fda.gov/ between 9 a.m. and 4 p.m., Monday ~rdb/opa-g058.html. through Friday. 2. Select Committee on GRAS Substances, List of Subjects in 21 CFR Part 172 Life Sciences Research Office, Federation of FEDERAL COMMUNICATIONS American Societies for Experimental Biology, Food additives, Incorporation by COMMISSION ‘‘Evaluation of the Health Aspects of Gum reference, Reporting and recordkeeping Arabic as a Food Ingredient,’’ March, 1973. requirements. 47 CFR Part 64 3. Memorandum from M. DiNovi, I Chemistry Review Branch, to R. Martin, Therefore, under the Federal Food, [CC Docket No. 98–67, CG Docket No. 03– Direct Additives Branch, ‘‘GRP 3G0287: Drug, and Cosmetic Act and under 123; DA 05–141] Beatrice Foods. Gum Arabic as a Stabilizer in authority delegated to the Commissioner Alcoholic Beverage Mixes,’’ March 7, 1994. of Food and Drugs, and redelegated to Clarification of Telecommunications 4. Memorandum from J. Modderman, Food the Director, Center for Food Safety and Relay Service Marketing and Call Additive Chemistry Review Branch, to L. Applied Nutrition, 21 CFR part 172 is Handling Procedures and Video Relay Mansor, GRAS Review Branch, ‘‘GRASP amended as follows: Service Procedures 3G0287—Gum Arabic. Beatrice Foods Co.,’’ November 21, 1983. PART 172—FOOD ADDITIVES AGENCY: Federal Communications 5. Memorandum of Conference, Cancer PERMITTED FOR DIRECT ADDITION Commission. Assessment Committee Meeting, ‘‘Gum TO FOOD FOR HUMAN ACTION: Policy and procedures; Arabic,’’ January 6, 1998. CONSUMPTION 6. ‘‘Toxicological Evaluation of Certain Clarification. Food Additives and Contaminants,’’ WHO I 1. The authority citation for 21 CFR SUMMARY: This document clarifies that Food Additives Series 26, No. 686, 1990. 7. Memorandum from J. Griffiths, part 172 continues to read as follows: certain telecommunications relay Additives Evaluation Branch, to C. Coker, Authority: 21 U.S.C. 321, 341, 342, 348, services (TRS) practices violate the TRS Case and Advisory Branch, ‘‘Gum Arabic and 371, 379e. rules, and that video relay services Immunogenicity; updated literature survey,’’ I 2. Section 172.780 is added to subpart (VRS) may not be used as a video March 8, 1988. H to read as follows: remote interpreting service by persons 8. Memorandum from J. Griffiths, at the same location. This document Additives Evaluation Branch, to E. Flamm, § 172.780 Acacia (gum arabic). also instructs the TRS Fund Direct Additives Branch, ‘‘Gum Arabic and The food additive may be safely used administrator that, any provider found Immunogenicity; literature from Dr. D. M. W. in food in accordance with the to be engaging in the improper Anderson,’’ November 9, 1988. 9. Memorandum from C. Johnson, following prescribed conditions: marketing or call handling practices Additives Evaluation Branch #1, to R. Martin, (a) Acacia (gum arabic) is the dried described herein will be ineligible for Direct Additives Branch, ‘‘Gum Arabic in gummy exudate from stems and compensation from the Interstate TRS Alcoholic Beverages: Final Toxicology branches of trees of various species of Fund (Fund). Evaluation,’’ April 8, 1996. the genus Acacia, family Leguminosae. DATES: Clarification of the TRS rules (b) The ingredient meets the was effective January 26, 2005. VIII. Objections specifications of the ‘‘Food Chemicals Any person who will be adversely Codex,’’ 5th Ed. (2004), pp. 210 and 211, ADDRESSES: Federal Communications affected by this regulation may file with which is incorporated by reference. The Commission, 445 12th Street, SW., the Division of Dockets Management Director of the Office of the Federal Washington, DC 20054. (see ADDRESSES) written or electronic Register approves this incorporation by FOR FURTHER INFORMATION CONTACT: objections. Each objection shall be reference in accordance with 5 U.S.C. Thomas Chandler, Consumer & separately numbered, and each 552(a) and 1 CFR part 51. You may Governmental Affairs Bureau at (202) numbered objection shall specify with obtain copies from the National 418–1475 (voice), (202) 418–0597 (TTY) particularity the provisions of the Academies Press, 500 Fifth St. NW., or e-mail [email protected]. regulation to which objection is made Washington, DC 20001 (Internet SUPPLEMENTARY INFORMATION: This is a and the grounds for the objection. Each address: http://www.nap.edu). Copies summary of the Commission’s numbered objection on which a hearing may be examined at the Center for Food document DA 05–141, released January is requested shall specifically so state. Safety and Applied Nutrition’s Library, 26, 2005 in CC Docket No. 98–67 and Failure to request a hearing for any Food and Drug Administration, 5100 CG Docket No. 03–123. The complete particular objection shall constitute a Paint Branch Pkwy., College Park, MD text of this document may be purchased

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from the Commission’s duplication party he or she desires to call. The CA, Fund must meet all non-waived contractor, BCPI, Inc., Portals II, 445 in turn, places an outbound voice call mandatory minimum standards. See, 12th Street, SW., Room CY–B402, to the called party. The CA serves as the e.g., 47 CFR 64.604(c)(5)(iii)(E) (‘‘The Washington, DC 20554. Customer may ‘‘link’’ in the conversation, converting TRS Fund administrator shall make contact BCPI, Inc. at their Web site: text messages from the caller into voice payments only to eligible TRS providers www.bcpiweb.com. To request materials messages, and voice messages from the operating pursuant to the mandatory in accessible formats for people with called party into text messages for the minimum standards as required in disabilities (Braille, large print, TTY user. section 64.604.’’); 2004 TRS Report & electronic files, audio format), send an VRS is a form of TRS that allows Order at paragraph 189. This is true e-mail to [email protected] or call the people with hearing and speech whether the TRS service is a mandatory Consumer & Governmental Affairs disabilities to communicate with the CA form of the TRS (like traditional TTY- Bureau at (202) 418–0530 (voice), (202) through sign language, rather than typed based TRS) or a non-mandatory form of 418–0432 (TTY). This Public Notice can text. Video equipment links the VRS TRS (like IP Relay and VRS). See, e.g., also be downloaded in Word and user and the CA so that they can see and Telecommunications Relay Services and Portable Document Format (PDF) at: communicate with each other in signed Speech-to-Speech Services for http://www.fcc.gov/cgb/dro. conversation. Presently, VRS services Individuals with Hearing and Speech are accessed through a broadband Synopsis Disabilities, Report and Order and connection and video equipment Further Notice of Proposed Rulemaking, The Commission has become aware connected to a personal computer or a CC Docket No. 98–67, FCC 00–56, 65 FR that some TRS providers may be television. 38432, June 21, 2000; 15 FCC Rcd 5140 engaging in marketing practices that are The provision of TRS is ‘‘an at paragraph 39 (March 6, 2000) (2000 inconsistent with the TRS statute and accommodation that is required of Improved TRS Order) (all relay services regulations. We have also become aware telecommunications providers, just as either mandated by the Commission or that some TRS providers may not be other accommodations for persons with eligible for reimbursement from the handling TRS calls in a manner that is disabilities are required by the ADA of interstate TRS Fund must comply with consistent with the TRS statute and businesses and local and state the mandatory minimum standards). regulations, e.g., through the use of governments.’’ Telecommunications reservations systems. Finally, we are Relay Services and Speech-to-Speech Improper Marketing Practices aware that VRS—a form TRS—is Services for Individuals with Hearing The Commission has received sometimes being used as a substitute for and Speech Disabilities, Report and numerous complaints regarding a live interpreter when a person who is Order, Order on Reconsideration, and improper marketing practices, deaf or hard of hearing seeks to Further Notice of Proposed Rulemaking, particularly with regard to the provision communicate with a hearing person at CC Docket Nos. 90–571 and 98–67, CG of VRS. First, we understand that some the same location. Accordingly, we Docket No. 03–123, FCC 04–137, 69 FR providers install video equipment at a clarify that certain TRS practices violate 53346, September 1, 2004; 19 FCC Rcd consumer’s premise to enable the the TRS rules, and that VRS may not be 12475 at paragraph 182 n.521 (June 30, consumer to make VRS calls. We further used as a video remote interpreting 2004) (2004 TRS Report & Order). To service. A provider found to be engaging this end, section 225 is intended to understand that in the course of in the improper marketing or call ensure that TRS give[s] persons with installing the equipment, the provider’s handling practices described herein will hearing or speech disabilities installer may tell the consumer that he be ineligible for compensation from the ‘‘functionally equivalent’’ access to the or she may only have one VRS provider, Interstate TRS Fund. In addition, we telephone network. or that the consumer’s broadband will also consider appropriate Telecommunications Relay Services and connection may be connected to only enforcement action against providers Speech-to-Speech Services for one piece of video equipment (generally that engage in any of the improper Individuals with Hearing and Speech the equipment of that provider). These practices discussed herein. Disabilities, Notice of Proposed statements have the effect of requiring Rulemaking, CC Docket No. 98–67, FCC the consumer to choose a single VRS Background 98–90, 63 FR 32798, June 16, 1998; 1998 provider. We also understand that some TRS, mandated by Title IV of the WL251383 at paragraph 6 (May 20, installers may adjust the consumer’s Americans with Disabilities Act (ADA) 1998) (1998 TRS NPRM); see generally hardware or software to restrict the of 1990, enables an individual with a 47 U.S.C. 225 (a)(3). The statute and consumer to using one VRS provider hearing or speech disability to regulations provide that eligible TRS without the consumer’s consent. communicate by telephone with a providers offering interstate services The TRS rules do not require a person without such a disability. Public and certain intrastate services will be consumer to choose or use only one Law Number 101–336, section 401, 104 compensated for their just and VRS (or TRS) provider. A consumer may statute 327, 336–69 (1990), adding ‘‘reasonable’’ costs of doing so from the use one of several VRS providers section 225 to the Communications Act Interstate TRS Fund, currently available on the Internet or through VRS of 1934; see 47 U.S.C. 225. This is administered by the National Exchange service hardware that attaches to a accomplished through TRS facilities Carrier Association (NECA). See, e.g., 47 television. Therefore, VRS consumers that are staffed by specially trained CFR 64.604(c)(5)(iii)(E). cannot be placed under any obligation communications assistants (CAs) who Section 225 and the TRS mandatory to use only one VRS provider’s service, relay conversations between persons minimum standards contained in the and the fact that they may have using various types of assistive regulations set forth the operational and accepted VRS equipment from one communication devices and persons technical standards TRS providers must provider does not mean that they cannot using a standard telephone. In a meet. These standards reflect the use another VRS provider via other traditional text-based TRS call, for functional equivalency mandate. We equipment they may have. In addition, example, a TTY user types the number have repeatedly stated that, as a general a VRS provider (or its installers) should of the TRS facility and, after reaching matter, TRS providers seeking not be adjusting a consumer’s hardware the facility, types the number of the compensation from the Interstate TRS or software to restrict access to other

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VRS providers without the consumer’s Improper Handling of TRS Calls handle a call is inconsistent with the informed consent. We understand that some providers nature of TRS and the functional Second, we understand that some permit TRS consumers (particularly equivalency mandate. TRS providers providers use their customer database to VRS users) to make advance must have available CAs that can handle contact prior users of their service and reservations so that the consumer can the calls as they come in (to, by analogy, suggest, urge, or tell them to make more reach a CA without delay at a specific provide the ‘‘dial tone’’) consistent with VRS calls. This marketing practice time to place a call. This practice is our rules. Handling calls by prior constitutes an improper use of inconsistent with the functional reservation is a different kind of service. information obtained from consumers equivalency mandate of Section 225 and For the same reason, calls must be using the service, is inconsistent with the TRS regulations. Under the handled in the order in which they are the notion of functional equivalency, functional equivalency mandate, TRS is received (as we have also stated above). and may constitute a fraud on the intended to permit persons with hearing The fact that VRS is not a mandatory Interstate TRS Fund because the Fund, and speech disabilities to access the service, or that speed of answer has and not the consumer, pays for the cost telephone system to call persons presently been waived for VRS, does not of the VRS call. See 47 CFR without such disabilities. As we have affect the application of these principles 64.604(a)(2)(i). As we have noted, the frequently noted, ‘‘for a TRS user, to VRS. In addition, TRS providers may purpose of TRS is to allow persons with reaching a CA to place a relay call is the certain disabilities to use the telephone not offer their service in such a way so equivalent of picking up a phone and system. Entities electing to offer VRS (or that when a TRS consumer (including a getting a dial tone.’’ See 2000 Improved other forms of TRS) should not be hearing person) contacts the TRS TRS Order at paragraph 60. Therefore, contacting users of their service and provider the consumer reaches only a asking or telling them to make TRS TRS is intended to operate so that when message or recording that asks the caller calls. Rather, the provider must be a TRS user wants to make a call, a CA to leave certain information so that the available to handle the calls that is available to handle the call. For this provider can call the consumer back consumers choose to make. In this reason, for example, the TRS regulations when the provider is able (or desires) to regard, we question whether there are presently require TRS providers (except place the call. This type of ‘‘call back’’ any circumstances in which it is in the case of VRS) to answer 85% of all arrangement is impermissible because it appropriate for a TRS provider to calls within 10 seconds. See 47 CFR relieves the provider of its central contact or call a prior user of their 64.604(b)(2). This requirement has obligation to be available when a caller service. Again, the role of the provider presently been waived for VRS, and has desires to make a TRS call, and permits is to make available a service to been raised in the Further Notice of the provider, and not the caller, to consumers as an accommodation under Proposed Rulemaking (FNPRM) in the ultimately be in control of when a TRS the ADA when a consumer may choose 2004 TRS Report & Order. See 2004 TRS call is placed. As we have noted, the to use that service. For this reason as Report & Order at paragraphs 119–123 functional equivalency mandate rests in well, VRS providers may not require (extending speed of answer waiver until part on the expectation that when a TRS consumers to make TRS calls, impose January 1, 2006, or until such time as user reaches a CA that is the equivalent on consumers minimum usage the Commission adopts a speed of of receiving a dial tone. We distinguish requirements, or offer any type of answer rule for VRS, whichever is this situation from the use of a ‘‘call sooner); 2004 TRS Report & Order at financial incentive for consumers to back’’ service whereby a consumer, who paragraph 246 (raising issue in FNPRM). place TRS calls. See has called the relay center to make a See also Telecommunications Relay Telecommunications Relay Services and TRS call and reaches the provider but Services and Speech-to-Speech Services Speech to Speech Services for has to wait for an available CA, has the for Individuals with Hearing and Speech Individuals with Hearing and Speech choice of either waiting for an available Disabilities, Order, CC Docket No. 98– Disabilities, Declaratory Ruling, CC CA (i.e., without disconnecting) or Docket No. 98–67, CG Docket No. 03– 67, DA 01–3029, 17 FCC Rcd 157 at paragraphs 15–16 (December 31, 2001) having the TRS provider call the 123, DA 05–140 (January 26, 2005). consumer back when a CA is available Finally, we understand that some VRS (VRS Waiver Order) (original VRS to handle the call. Nevertheless, we are (or TRS) providers may selectively waiver order, which waived the speed concerned that the use of ‘‘call back’’ answer calls from preferred consumers of answer requirement for VRS to or locations, rather than answer the calls encourage more entrants into the VRS option in any context is inconsistent in the order they are received. For market, stimulate the growth of VRS, with the functional equivalency example, the VRS provider may monitor and provide more time for technology to mandate, and therefore we will closely a list of incoming callers waiting for a develop). This ‘‘speed of answer’’ monitor the use of this feature. We also CA and, rather than handling the calls requirement was adopted so that the recognize that, given the speed of in order, will first handle calls from experience of a TRS caller in reaching answer rule, use of a call back feature preferred customers or from a specific a CA to place his or her call would be will be an issue only for those forms of location. This practice also constitutes functionally equivalent to the TRS not subject to such a rule (e.g., an improper use of information obtained experience of an individual without a VRS). Accordingly, because we interpret from consumers using the service and is hearing or speech disability placing a section 225 and the implementing inconsistent with the notion of call. See 1998 TRS NPRM at paragraph regulations to prohibit any practice that functional equivalency. Providers must 49. The Commission has noted that the undermines the functional equivalency handle incoming calls in the order that ‘‘ability of a TRS user to reach a CA mandate, effective March 1, 2005, any they are received. We will continue to prepared to place his or her call *** provider offering or utilizing advance carefully monitor the provision of all is fundamental to the concept of call reservations, or a recording that forms of TRS to the public. To the ‘functional equivalency.’’’ (Emphasis greets all calls to the TRS provider and extent providers offer TRS services in added). takes information so that the provider violation of our rules, they will be As a result, we find that the practice can call the consumer back, will be ineligible for compensation from the of permitting TRS consumers to reserve ineligible for compensation from the Interstate TRS Fund. in advance a time at which a CA will Interstate TRS Fund.

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VRS Cannot Be Used as a Substitute for ACTION: Final rule; correction. SUMMARY: NMFS issues this emergency Video Remote Interpreting (VRI) rule to establish trip limits for the SUMMARY: On January 4, 2005, we, the We again remind providers (and commercial shallow-water and deep- U.S. Fish and Wildlife Service, water grouper fisheries in the exclusive consumers) that VRS is not the same as published a final rule to designate Video Remote Interpreting (VRI), even economic zone of the Gulf of Mexico. critical habitat for the threatened Santa The intended effect of this emergency though both services use the Internet Ana sucker (Catostomus santaanae) and a video connection to permit rule is to moderate the rate of harvest of pursuant to the Endangered Species Act the available quotas and, thereby, persons with hearing disabilities to of 1973, as amended. Because we made communicate with persons without reduce the adverse social and economic an error in use of amendatory language, effects of derby fishing, enable more such disabilities. See generally 2004 one of the final rule’s two regulatory TRS Report & Order at paragraphs 162 effective quota monitoring, and reduce amendments could not be properly the probability of overfishing. n.466 & 172 n.490. VRI is a service that reflected in the Code of Federal is used when an interpreter cannot be DATES: This rule is effective March 3, Regulations. This correction document 2005 through August 16, 2005. physically present to interpret for two rectifies that error. persons who are together at the same Comments on this emergency rule must location (for example, at a meeting or in DATES: Effective February 3, 2005. be received no later than 5 p.m., eastern a doctor’s office). In that situation, an FOR FURTHER INFORMATION CONTACT: Sara time, on March 21, 2005. interpreter at a remote location may be Prigan, Federal Register Liaison, ADDRESSES: You may submit comments used via a video connection. A fee is Division of Policy and Directives on this emergency rule by any of the generally charged by companies that Management, U.S. Fish and Wildlife following methods: offer this service. Service, at (703) 358–2508. • E-mail: 0648– By contrast, VRS, like all forms of Regulation Correction [email protected]. Include in TRS, is a means of giving access to the the subject line the following document telephone system. Therefore, VRS is to I For reasons set forth in the preamble, identifier: 0648–AS97. be used only when a person with a we correct the final rule published on • Federal e-Rulemaking Portal: hearing disability, who absent such January 4, 2005, at 70 FR 426 by http://www.regulations.gov. Follow the disability would make a voice telephone correcting amendatory instruction #3 on instructions for submitting comments. call, desires to make a call to a person page 448, column 1, to read as follows: • Mail: Phil Steele, Southeast without such a disability through the Regional Office, NMFS, 9721 Executive telephone system (or if, in the reverse PART 17—[CORRECTED] Center Drive N., St. Petersburg, FL situation, the hearing person desires to § 17.95 [Corrected] 33702. make such a call to a person with a • Fax: 727–570–5583, Attention: Phil I hearing disability). VRS calls are 3. Amend § 17.95(e) by revising critical Steele. compensated from the Interstate TRS habitat for the Santa Ana sucker Copies of the documents supporting Fund, which is overseen by the (Catostomus santaanae) in the same this emergency rule may be obtained Commission. In circumstances where a alphabetical order as this species occurs from the NMFS Southeast Regional person with a hearing disability desires in § 17.11(h). Office at the above address. to communicate with someone in Dated: February 11, 2005. FOR FURTHER INFORMATION CONTACT: Phil person, he or she may not use VRS but Sara Prigan, Steele, 727–570–5305; fax: 727–570– must either hire an ‘‘in-person’’ Fish and Wildlife Service Federal Register 5583, e-mail: [email protected]. interpreter or a VRI service. Liaison. SUPPLEMENTARY INFORMATION: The We will continue to carefully [FR Doc. 05–3047 Filed 2–16–05; 8:45 am] fishery for reef fish is managed under scrutinize the provision and use of VRS BILLING CODE 4310–55–P the Fishery Management Plan for the to ensure that it is being used only as Reef Fish Resources of the Gulf of a means of accessing the telephone Mexico (FMP) that was prepared by the system, not as a substitute for VRI. DEPARTMENT OF COMMERCE Gulf of Mexico Fishery Management Federal Communications Commission. Council (Council). This FMP was Jay Keithley, National Oceanic and Atmospheric approved by NMFS and implemented Deputy Chief, Consumer & Governmental Administration under the authority of the Magnuson- Affairs Bureau. Stevens Fishery Conservation and [FR Doc. 05–3066 Filed 2–16–05; 8:45 am] 50 CFR Part 622 Management Act (Magnuson-Stevens BILLING CODE 6712–01–P [Docket No. 050209033–5033–01; I.D. Act) by regulations at 50 CFR part 622. 020405D] Background RIN 0648–AS97 On June 15, 2004, NMFS published a DEPARTMENT OF THE INTERIOR final rule (69 FR 33315) to end Fisheries of the Caribbean, Gulf of Fish and Wildlife Service overfishing of red grouper in the Gulf of Mexico, and South Atlantic; Reef Fish Mexico and to implement a stock Fishery of the Gulf of Mexico; 50 CFR Part 17 rebuilding plan as provided in Commercial Trip Limits for Gulf of Secretarial Amendment 1 to the FMP. RIN 1018–AT57 Mexico Grouper Fishery That final rule established a red grouper Endangered and Threatened Wildlife AGENCY: National Marine Fisheries commercial quota; reduced the shallow- and Plants; Final Rule To Designate Service (NMFS), National Oceanic and water and deep-water grouper Critical Habitat for the Santa Ana Atmospheric Administration (NOAA), commercial quotas; and included a Sucker (Catostomus santaanae) Commerce. provision to close the entire shallow- water grouper commercial fishery when ACTION: Emergency rule; request for AGENCY: Fish and Wildlife Service, either the red grouper quota or the comments. Interior. shallow-water grouper quota is reached.

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As a result of these more restrictive takes effect; and (3) if on or before possibly implement a more measures, the quotas were reached October 1 the fishery is estimated to comprehensive management strategy for before the end of the 2004 fishing year. have landed more than 75 percent of controlling effort in this fishery. NMFS closed the commercial fishery for either the shallow-water grouper or the deep-water grouper on July 15, 2004, red grouper quota, then a 5,500–lb Classification and closed the shallow-water grouper (2,495–kg) GW trip limit takes effect. The Assistant Administrator for The Council is concerned the rate of on November 15, 2004, when the quotas Fisheries, NOAA (AA), has determined for these fisheries were reached. commercial grouper harvest may Two of the principal fishing increase in 2005 due to industry that this emergency rule is necessary to associations involved in the commercial reaction to the 2004 closures (i.e., a minimize adverse social and economic grouper fishery, Southern Offshore derby effect) and because of impacts, (i.e., derby fishing, market Fishing Association (SOFA) and Gulf improvement in the status of the red gluts, lower ex-vessel prices, potential Fishermen’s Association (GFA), have grouper resource as a result of the safety-at-sea issues, and a shortened indicated the 2004 closure of both the rebuilding plan and recently fishing season). The AA has also deep-water grouper and shallow-water implemented management measures. determined that this rule is consistent grouper fisheries, combined with the Sufficient data are not available to with the Magnuson-Stevens Act and damaging effects of four hurricanes, evaluate the rate of harvest this early in other applicable laws. severely impacted the Florida economy, the 2005 fishing season. However, based This emergency rule has been especially regions along the west coast on experiences in the Gulf red snapper determined to be not significant for and Panhandle. Although data are not fishery and other high-value quota- purposes of Executive Order 12866. yet available to quantify the adverse managed fisheries, there is a high effects of these recent grouper closures, probability of an increased harvest rate. This emergency rule is exempt from there is ample evidence from other high- Without some mechanism to slow the the procedures of the Regulatory value fisheries, e.g., Gulf red snapper, rate of harvest, it is likely the quotas in Flexibility Act because the rule is issued Alaskan halibut, that quotas resulting in 2005 would be reached earlier than in without opportunity for prior notice and closures well before the end of the 2004 resulting in an even shorter fishing opportunity for public comment. fishing season have substantial adverse season and significant adverse economic The AA finds good cause to waive the economic and social impacts. Typically, and social impacts on affected requirement to provide prior notice and restrictive quotas result in a derby fishermen and the dependent fishing opportunity for public comment, fishing effect, i.e., a race for the fish. communities. The recommended trip pursuant to authority set forth at U.S.C. Problems associated with derby fishing limits will slow the rate of harvest, help 553(b)(B), as such procedures would be and the resultant early closure of to extend the fishing season, and impracticable and contrary to the public fisheries include: market gluts and facilitate accurate monitoring of the interest. This emergency rule will associated depressed prices for fish quotas, thus, lessening the likelihood of establish commercial trip limits to landed; disruption and potential loss of overfishing. To be most effective, trip moderate the rate of harvest of the established markets due to lack of a limits must be implemented as near the available quotas, thereby helping to constant supply of fish; loss of fresh beginning of the fishing season as keep the fishery open for more of the product for retailers and consumers; possible. financial strain due to cash flow For these reasons, the Council fishing year and reducing the effects of constraints in fisheries that have few, if requested NMFS develop an emergency derby fishing and the associated adverse any, economically viable fishing rule establishing the proposed trip social and economic impacts. alternatives during closures; inability to limits for the commercial grouper Preliminary January 2005 data from the retain experienced fishing crew fishery in the Gulf of Mexico for the commercial deep-water grouper fishery members; and competitive pressure to 2005–fishing year. NMFS concurs with indicate landings are approximately 23 fish in marginal or unsafe weather. the need for emergency implementation percent higher than landings for the Timely and appropriately structured of the trip limits. comparable time period in 2004, thus trip limits have the potential to mitigate NMFS issues this emergency rule, making immediate action necessary to many of these issues. effective for not more than 180 days, as prevent the adverse consequences this At the November 7–12, 2004, Council authorized by section 305(c) of the rule is intended to reduce. For these meeting, SOFA and GFA requested an Magnuson-Stevens Act. The emergency same reasons, under 5 U.S.C. 553(d)(3), interim or emergency rule to establish rule may be extended for an additional the AA finds good cause to establish an commercial trip limits for shallow-water 180 days, provided the public has had effective date less than 30 days after the and deep-water grouper to slow the rate an opportunity to comment on the date of publication. For the reasons of harvest and extend the 2005 fishing emergency rule and provided the stated above, a 30–day delay in the season, thus reducing potential adverse Council is actively preparing proposed effective date of this emergency rule economic consequences for all sectors of regulations to address the emergency on would be contrary to the public interest. the commercial grouper fishery, a permanent basis. Public comments on However, to ensure that vessels at sea this emergency rule are invited and will including affected fishing communities. will have adequate time to return to port be considered in determining whether The trip limits proposed by the SOFA and offload prior to the effectiveness of and GFA were structured as follows: (1) to extend this emergency rule. The trips limits established by this On January 1, all vessels will be limited Council is preparing a regulatory emergency rule, the effectiveness of this to a 10,000–lb (4,536–kg), gutted-weight amendment under the FMP framework (GW), trip limit for deep-water grouper procedure to address, on a permanent emergency rule will be delayed until and shallow-water grouper combined; basis, trip limits for the commercial March 3, 2005. (2) if on or before August 1 the fishery grouper fishery in the Gulf of Mexico List of Subjects in 50 CFR Part 622 is estimated to have landed more than that are the subject of this rule. Trip 50 percent of either the shallow-water limits are needed on a longer-term basis Fisheries, Fishing, Puerto Rico, grouper or the red grouper quota, then to control harvest rate until such time as Reporting and recordkeeping a 7,500–lb (3,402–kg) GW trip limit the Council is able to evaluate and requirements, Virgin Islands.

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Dated: February 11, 2005. § 622.44 Commercial trip limits. or is projected to be reached—7,500 lb John Oliver, * * * * * (3,402 kg). Deputy Assistant Administrator for (g) Gulf deep-water and shallow-water (iii) If on or before October 1 more Operations, National Marine Fisheries grouper, combined. (1) For vessels than 75 percent of either the shallow- Service. operating under the quotas in water grouper quota or red grouper § 622.42(a)(1)(ii) or § 622.42(a)(1)(iii), I For the reasons set out in the preamble, quota specified in § 622.42(a)(1)(iii) is the following trip limits apply to Gulf 50 CFR part 622 is amended as follows: reached or is projected to be reached— deep-water and shallow-water grouper 5,500 lb (2,495 kg). PART 622—FISHERIES OF THE combined. (See § 622.42(a)(1)(ii) and § 622.42(a)(1)(iii) for the species (2) The Assistant Administrator, by CARIBBEAN, GULF, AND SOUTH filing a notification of trip limit change ATLANTIC included in the deep-water and shallow- water grouper categories, respectively). with the Office of the Federal Register, will effect the trip limit changes I 1. The authority citation for part 622 (i) Beginning March 3, 2005—10,000 specified in paragraphs (g)(1)(ii) and (iii) continues to read as follows: lb (4,536 kg). (ii) If on or before August 1 more than of this section when the applicable Authority: 16 U.S.C. 1801 et seq. 50 percent of either the shallow-water conditions have been met. I 2. In § 622.44, paragraph (g) is added grouper quota or red grouper quota [FR Doc. 05–3092 Filed 2–16–05; 8:45 am] to read as follows: specified in § 622.42(a)(1)(iii) is reached BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 32

Thursday, February 17, 2005

This section of the FEDERAL REGISTER may also be sent by e-mail to Abstract: AMS is seeking to establish contains notices to the public of the proposed [email protected] or by fax procedures to administer the USDA issuance of rules and regulations. The to 202/690–0031. State that your Farmers Market at 12th & Independence purpose of these notices is to give interested comments refer to Docket No. TM–04– Avenue, SW., Washington, DC, under persons an opportunity to participate in the 09 or Internet: http:// the authority of the Agricultural rule making prior to the adoption of the final rules. www.regulations.gov. Marketing Act of 1946 (Act). These procedures would allow AMS the FOR FURTHER INFORMATION CONTACT: means to demonstrate and experiment Errol R. Bragg, Associate Deputy with direct marketing techniques DEPARTMENT OF AGRICULTURE Administrator, Marketing Services (operate a farmers market), while at the Branch on 202/720–8317, fax 202/690– Agricultural Marketing Service same time educate consumers on the 0031, or by e-mail USDAFMComments significance of small farms, the @usda.gov. 7 CFR Part 170 nutritional benefits of fresh fruits and SUPPLEMENTARY INFORMATION: This [Docket No. TM–04–09] vegetables, and the merits of food proposed rule is authorized under the recovery. Included in this proposed rule USDA Farmers Market Operating Agricultural Marketing Act of 1946. The would be the establishment of vendor Procedures Act directs and authorizes the Secretary criteria, selection procedures, and of Agriculture to conduct, assist, and guidelines for governing the operation AGENCY: Agricultural Marketing Service, foster research, investigation, and of the USDA Farmers Market. USDA. experimentation to determine the best In this proposed rule, information ACTION: Proposed rule. methods of processing, preparation for collection requirements include a one- market packaging, handling, time yearly submission of the required SUMMARY: The Agricultural Marketing transporting, distributing, and information on the application form Service (AMS) is seeking comments on marketing agricultural products, 7 which is included in an Appendix at the procedures to administer the USDA U.S.C. 1622(a). Moreover, 7 U.S.C. end of this action. Farmers Market at 12th Street & 1622(f) directs and authorizes the Estimate of Burden: Public reporting Independence Avenue, SW., Secretary to conduct and cooperate in burden for this collection of information Washington, DC. These procedures consumer education for more effective is estimated to average 0.08 hours per would allow AMS the means to utilization and greater consumption of response. demonstrate and experiment with direct agricultural products. In addition, 7 Respondents: Farmers and/or vendors marketing techniques (operate a farmers U.S.C. 1622(n) authorizes the Secretary completing the application to market), while at the same time educate to conduct services and to perform participate in the USDA Farmers consumers on the significance of small activities that will facilitate the Market. farms, the nutritional benefits of fresh marketing and utilization of agricultural Number of Responses per respondent: fruits and vegetables, and the merits of products through commercial channels. 1. food recovery. Included in this Pursuant to 7 CFR 2.79, the Under Number of Respondents: 20. proposed rule is the establishment of Secretary for Marketing and Regulatory Estimated Total Annual Burden on vendor criteria, selection procedures, Programs has re-delegated these Respondents: 1.66 hours. and guidelines for governing the authorities to the Administrator of AMS. Comments are invited on: (1) Whether operation of the USDA Farmers Market. the proposed collection of information Information collection requirements are Executive Order 12866 is necessary for the proper performance also included to establish a one-time This rule has been determined to be of the functions of the agency, including yearly submission on a required not significant for the purposes of whether the information would have application form. Executive Order 12866 and, therefore, practical utility; (2) the accuracy of the DATES: Comments on this proposed rule has not been reviewed by the office of agency’s estimate of the burden of the must be received by April 18, 2005. Management and Budget. proposed collection of information Comments on the information collection Paperwork Reduction Act including the validity of the requirements of this proposed rule must methodology and assumptions used; (3) be received by April 18, 2005 to be In accordance with the Paperwork ways to enhance the quality, utility, and considered. Reduction Act of 1995 (44 U.S.C. clarity of the information to be ADDRESSES: Interested persons are Chapter 35), this proposed rule also collected; and (4) ways to minimize the invited to submit written comments announces that AMS is seeking burden of the collection of information concerning the proposed regulations approval from the Office of Management on those who are to respond, including and information collection and Budget (OMB) for a new through the use of appropriate requirements. All comments should be information collection request. automated, electronic, mechanical, or sent to Errol R. Bragg, Associate Deputy Title: USDA Farmers Market other technological collection Administrator, Marketing Services Operating Procedures. techniques or other forms of information Branch, Transportation and Marketing OMB Number: 0581–New. technology. Programs, Agricultural Marketing Expiration Date of Approval: 3 years Comments concerning the Service (AMS), USDA, Room 2646– from date of approval. information collection requirements South, 1400 Independence Avenue, Type of Request: New information contained in this action should SW., Washington, DC, 20250. Comments collection. reference the Docket Number TM–04–

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09, together with the date and page standardized mass produced, mass (DOT), Labor, Energy, State, and the number of this issue of the Federal marketed products that dominate the USDA Carver Center. Since that time Register. Comments on this proposed U.S. economy. Farmers markets are three markets have closed. The DOT and collection of information may be sent to usually located within or near urban USDA Carver Center markets continue Errol R. Bragg at the address listed centers and may be owned and to operate, having acquired substantial above or to the Desk Officer for maintained by community development startup and technical assistance from Agriculture, Office of Information and groups, farmers cooperative associations USDA and are now self-sustaining. Regulatory Affairs, OMB, Washington, or by local, state or the federal In an effort to further educate market DC 20503. Comments must be received governments. Generally open for a customers about the nutritional benefits by April 18, 2005. All comments specific time period seasonally or of fresh fruits and vegetables, and the received by AMS will be available for throughout the year, farmers markets merits of food recovery, an public inspection during regular may range from an open outdoor lot informational booth displaying various business hours, 8 a.m. to 4:30 p.m. where farmers park their vehicles and literature and educational materials is Eastern Time, Monday through Friday, display products, to enclosed buildings set up on the market each week. at the same address. with display counters, lights, heat, and Materials displayed in the informational refrigeration. The number of farmers booth include ‘‘How-To-Buy’’ produce Executive Order 13132 markets operating in the United States guides, food pyramids, brochures about AMS has analyzed this rule under has seen a steady growth in recent years, the Women, Infants, and Children (WIC) Executive Order 13132, Federalism, and increasing from 1,755 in 1994 to over program and Food Stamp program and have determined that it does not have 3,600 operating in 2004. other program-related publications. This Federalism implications to warrant the AMS developed a Farmer Direct dissemination of information is joined preparation of a Federalism assessment Marketing Action Plan to identify by several USDA agencies, including the under that order. USDA’s role in supporting marketing Food and Nutrition Service (FNS). One opportunities for small farmers and to Unfunded Mandates Reform Act successful educational activity is the enhance farmers’ ability to thrive in cooking demonstrations organized by The Unfunded Mandates Reform Act their businesses by facilitating the FNS. During a cooking demonstration, of 1995, 2 U.S.C. 1531–1538, requires marketing of agricultural products. chefs purchase fresh produce from the Federal agencies to assess the effects of Farmer direct marketing, or growers market and teach how to prepare the their regulatory actions not specifically selling their products directly to foods for a healthy meal. In addition, required by law on state, local and tribal consumers, has become increasingly the USDA Employee Services and governments. This proposed rule popular in recent years with farmers Recreation Association sponsors special contains no Federal mandates that markets being one of the leading activities and events at the market. would result in the expenditure of $100 methods for this type of marketing. The USDA Farmers Market million or more for these groups or for Farmers markets also play a vital role in contributes to other USDA-sponsored the private section. Therefore, no accomplishing USDA’s mission of programs, such as the Food Recovery written statement or cost-benefit ensuring that all Americans have access and Gleaning Initiative, the Women, analysis is required under this act. to reasonably priced, high-quality, and Infants, and Children Farmers Market nutritious foods. Nutrition Program, as well as other Regulatory Flexibility Act To further this mission, USDA began programs of FNS and the Food Safety AMS has reviewed this proposed rule its own farmers market in August of and Inspection Service. under the Regulatory Flexibility Act, 5 1996, which has continued to operate U.S.C. 601–612, and determined that it and grow progressively since that time. List of Subjects in 7 CFR Part 170 will not have a significant economic The USDA Farmers Market is a Agricultural commodities, Farmers. impact on a substantial number of small producers-only market which offers a entities. This program does not impose wide range of farm products such as For the reasons set forth in the requirements on small entities that are fruits, vegetables, herbs, honey, maple preamble, it is proposed that title 7, not eligible to participate in the products, baked goods, cut flowers, chapter 1 of the Code of Federal program, and imposes on small entities meats and fresh fish. With spiraling Regulations be amended as follows: applying for and participating in the interest among consumers and a steady 1. A new subchapter G, consisting of program only minimum requirements supply of farmers products, the market’s part 170 is added to read as follows: necessary for proper administration and season increased from four market days SUBCHAPTER G—MISCELLANEOUS oversight of this program. Therefore, a in 1996 to five months in 2003. In MARKETING PRACTICES UNDER THE regulatory flexibility analysis is not addition to local farmers from AGRICULTURAL MARKETING ACT OF 1946 required and was not performed. Maryland, Virginia, and Pennsylvania selling at the market, outreach was PART 170—USDA FARMERS MARKET Background expanded to include regional farmers Sec. Farmers markets are more than just a from a wider geographical area, 170.1 To which farmers market does this place to buy fruits and vegetables; they including the states of West Virginia, rule apply? are intermediate social structures Delaware, and North Carolina. 170.2 Is the USDA Farmers Market a linking the urban and rural sectors of This rule applies only to the USDA producer-only market? the economy. They provide consumers Farmers Market at headquarters on the 170.3 What products may be sold at the with locally-grown, good-value farm corner of 12th Street and Independence USDA Farmers Market? products at a convenient location and Avenue, SW, Washington, DC. When 170.4 Who may participate in the USDA provide farmers with a profitable, well- the farmers market program began in Farmers Market? 170.5 Is there a fee to participate in the organized and operated retail 1996, and for several years thereafter, USDA Farmers Market? marketplace. Farmers markets not only USDA co-sponsored several farmers 170.6 How are potential market participants give members of the public direct markets at neighboring Federal agencies identified for the USDA Farmers Market? contact with producers, but also provide in the DC metropolitan area, including 170.7 Can I apply if I am not recruited? alternatives to the uniform and the Departments of Transportation 170.8 What are the application procedures?

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170.9 What type of information does the (b) Principal farmer or producers who § 170.8 What are the application application require? sell their own value-added agricultural procedures? 170.10 Must a participant in the market products. Value-added products may In January of each year, prospective have insurance? include agricultural products that have 170.11 How are farmers and vendors and returning participants must submit selected for participation in the USDA been enhanced through a modification to USDA a completed application for Farmers Market? of the product, such as braiding, participation in the upcoming market 170.12 What are the selection criteria for weaving, hulling, extracting, season. Each application will include a participation in the USDA Farmers handcrafting, and the like. It also may copy of this rule, which includes the Market? result from growing the product in a selection criteria and operating 170.13 What are the operating guidelines way that is acknowledged as safer. guidelines. Each applicant also will for the USDA Farmers Market? Farmers and vendors selling these types certify that each is the owner or 170.14 What circumstances will prevent of products must prepare them representative of the farm or business participation in the USDA Farmers Market? predominately with material they have submitting the application. grown or gathered. Authority: 5 U.S.C. 301; 7 U.S.C. 1621– § 170.9 What type of information does the 1627. (c) Nonproduce vendors. A limited application require? number of nonproduce vendors may be The application for participation in PART 170—USDA FARMERS MARKET selected by the Market Management to the USDA Farmers Market will provide sell specialized products that enhance Market Management with information § 170.1 To which farmers markets does the market atmosphere and historically this rule apply? on contacts, farm location, type of attract customers to a farmers market. farming operation, types of products This rule applies only to the USDA These specialized vendors, such as Farmers Market at headquarters on the grown, and business practices, bakers, may be exempted from the including insurance coverage. corner of 12th Street & Independence reselling restrictions that apply to the Avenue, SW., Washington, DC. farmers and vendors described in § 170.10 Must a participant in the market have insurance? § 170.2 Is the USDA Farmers Market a paragraphs (a) and (b) of this section. producer-only market? There is no requirement for a § 170.5 Is there a fee to participate in the participant to have insurance; however, Yes. A producer-only market is one USDA Farmers Market? that does not offer agricultural products USDA asks that participants with that are commercially made, created, or No, there are no fees charged to insurance provide insurance produced, and only allows agricultural participate in the market. information for our records. products that are grown by a principal § 170.6 How are potential market § 170.11 How are farmers and vendors farmer. A producer-only market offers participants identified for the USDA selected for participation in the USDA raw agricultural products such as fruits, Farmers Market? Farmers Market? vegetables, flowers, bedding plants, and USDA reviews all applications and potted plants. The USDA Farmers Potential market participants are recruited by the AMS Market selects participants based primarily on Market is a producer-only market since the type of farmer or vendor (i.e. fruit, only farmers who may sell products that Management through local farm organizations in the Washington D.C. vegetable, herb, baker) and secondly, on they grow or produce will be selected the specific types of products to be sold. metropolitan area and regional state for participation. It also allows the sale The selection of the participants is departments of agriculture including, of value-added products and other conducted by the Market Management Virginia, West Virginia, Maryland, specialized nonproduce items. to ensure a balanced product mix of Delaware, and Pennsylvania. Upon fruits, vegetables, herbs, value-added § 170.3 What products may be sold at the receiving a list of potential farmers and USDA Farmers Market? products, and baked goods. vendors from the organizations and the Products that may be sold at the state departments of agriculture, an § 170.12 What are the selection criteria for market include, but are not limited to, information packet, which includes an participation in the USDA Farmers Market? fresh, high-quality fruits, vegetables, application and this rule, will be mailed The selection criteria are designed to herbs, honey, jams and jellies, cheese, to each potential participant identified ensure a consistently high level of vinegars, cider, maple syrup, fish, by the contacts. quality and diverse products, while flowers, bedding plants, and potted operating in the constraints of space plants. USDA inspected meats and § 170.7 Can I apply if I am not recruited? available at the market site. The criteria poultry items also may be sold. Yes. Interested persons may call or are: § 170.4 Who may participate in the USDA write USDA to request an information (a) Member of one of the three Farmers Market? packet even if they are not recruited. participant groups specified in § 170.4 Members of three groups may Those interested may write USDA/ of this part. The participant must be a participate in the USDA Farmers AMS/TM/MSB, Room 2646-South producer-only farmer or producer, seller Markets: Building, 1400 Independence Avenue, of value-added products, or specialized (a) Principal farmers or producers SW., Washington, DC, 20250, or call nonproduce vendor. who sell their own agricultural products. (202) 720–8317. They may also call the (b) Participant offers a product that The principal farmer must be in full USDA Farmers Market Hotline at 1– adds to a product mix. Market control and supervision of the 800–384–8704 to leave a message to Management will ensure that a balanced individual steps of production of crops have a packet mailed or faxed. They mix of fresh fruits and vegetables will be including tilling, planting, cultivating, may also visit the Web site at http:// maintained throughout the season. Final fertilizer and pesticide applications (if www.ams.usda.gov/farmersmarkets/ to selection of fruit and vegetable applicable), harvesting and post-harvest review the selection criteria, the producers will be made based on their handling on its own farm with its own operating rules, and to receive an ability to ensure a wide range of fresh machinery and labor. application electronically. farm products throughout the season.

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(c) Willingness to glean. Participants and will not be accepted if similar DEPARTMENT OF AGRICULTURE should commit to supporting the USDA products are already sold by existing food gleaning/food recovery initiative. farmers or vendors. Agricultural Marketing Service This commitment requires farmers and (g) Farm/business visits. Market 7 CFR Part 1033 vendors to donate surplus food and food Management may visit farm/business products at the end of each market day locations to verify compliance with [Docket No. AO–166–A72; DA–05–01] to a local nonprofit organization market criteria and guidelines. identified by USDA. Questions about Milk in the Mideast Marketing Area; Participants should submit a map and tax deductions for gleaning should be Notice of Hearing on Proposed directions to their farm/businesses with referred to the Internal Revenue Service Amendments to Tentative Marketing their market applications. or a tax advisor. Receipts for donated Agreement and Order foods may be obtained from the (h) Conduct on Federal property. receiving nonprofit organization. Participants must comply with Subpart AGENCY: Agricultural Marketing Service, (d) Commitment to market. 20.3 of the Federal Property USDA. Participants must commit to the entire Management Regulations, ‘‘Conduct on ACTION: Proposed rule; Notice of public market season and be willing to Federal Property,’’ 41 CFR 20.3. hearing on proposed rulemaking. participate on a regular basis. (e) Grandfather provision. Market § 170.14 What circumstances will prevent SUMMARY: A public hearing is being held Management reserves the right to select participation in the USDA Farmers Market? to consider proposals that would amend several farmers or vendors based on certain provisions of the Mideast (a) Efforts will be made to Federal milk marketing order. Proposals previous participation in the program, accommodate all who apply to consistency in providing quality under consideration address: participate in the market. However, products, and compliance with Eliminating the ability of the same milk Market Management may deny operating guidelines. to be simultaneously pooled on the participation in the market because of Mideast order and on a State operated § 170.13 What are the operating guidelines insufficient space or excess supply of order with marketwide pooling; for the USDA Farmers Market? the products to sell, failure to meet the Changing the supply plant performance (a) Market operation. The Market will stated criteria, or the participant’s standards and diversion limits; be held in parking court #9 of the USDA noncompliance with the operating Increasing the number of days a dairy Headquarters Complex located on the guidelines or regulations. farmer’s milk production must be corner of 12th Street and Independence (b) Participants who sell before the 10 delivered to a pool plant for the milk of Avenue, SW., Washington, DC. Selling a.m. opening time will be restricted the dairy farmer to be eligible for will not begin before 10 a.m. and will diversion; Limiting the pooling of from participating in the market end promptly at 2 p.m. each market day. producer milk that was not pooled in a following their second violation. A All participants must be in place, setup prior month(s); Establishing a ‘‘dairy and ready to sell by 10 a.m. Due to written warning will be given to the farmer for other markets’’ provision; space restrictions at the site, late arrivals participant for the first violation of this Establishing a transportation credit for will be located at Market Management’s guideline. After the second violation milk; and Changing the producer- discretion. All vehicles must vacate the occurs, a letter of reprimand will be handler definition. given to the participant restricting their market site no later than 3:00 p.m. DATES: The hearing will convene at 8:30 (b) Notification of attendance. Each participation for the next immediate a.m. on Monday, March 7, 2005. participant must call USDA within 48 market day. ADDRESSES: The hearing will be held at hours of a market day if they cannot (c) Participants who arrive after the 10 the Shisler Conference Center, Ohio attend. Failure to provide proper and a.m. opening time may be restricted Agricultural Research and Development timely notification may result in from participating in the market Center, 1625 Wilson Road, Wooster, termination of the participation in the following their second violation. A Ohio 44691, (330) 287–1424. Hotel market. written warning may be given to the accommodations can be made at the (c) Participant space. One vehicle is participant for the first violation of this Hilton Garden Inn Wooster, 959 Dover permitted per space; all other vehicles guideline. After the second violation Road, Wooster, Ohio 44691, (330) 202– must be removed from the immediate 7701. market premises. One space is 16w x occurs, a letter of reprimand may be 17d feet, and all trucks must fit within given to the participant restricting their FOR FURTHER INFORMATION CONTACT: that area. There is only room for 15 participation for the next immediate Gino Tosi, Marketing Specialist, Order spaces. market day. Formulation and Enforcement Branch, (d) Signage. Participants must clearly Dated: February 14, 2005. USDA/AMS/Dairy Programs, Stop 0231—Room 2971, 1400 Independence display the name of their farm/business Kenneth C. Clayton, and post prices for all items being sold. Avenue, SW., Washington, DC 20250– (e) Clean-up. Participants are Acting Administrator, Agricultural Marketing 0231, (202) 690–1366, e-mail address: Service. responsible for cleaning all trash and [email protected]. waste within and around their allotted [FR Doc. 05–3072 Filed 2–16–05; 8:45 am] Persons requiring a sign language space. Garbage bins are provided on the BILLING CODE 3410–02–P interpreter or other special market site for this purpose. accommodations should contact Paul (f) Cooperative marketing. Huber at 330–225–4758 or via e-mail at Participants are permitted to share space [email protected] before the with another participant or sell hearing begins. another’s products if the arrangement is SUPPLEMENTARY INFORMATION: This deemed by Market Management as administrative action is governed by the beneficial to the market. A co-op must provisions of sections 556 and 557 of be pre-approved by Market Management Title 5 of the United States Code and,

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therefore, is excluded from the request modification or exemption from Proposed by Dairy Farmers of America, requirements of Executive Order 12866. such order by filing with the Inc., and Michigan Milk Producers Notice is hereby given of a public Department of Agriculture (Department) Association hearing to be held at the Shisler a petition stating that the order, any Proposal No. 1 Conference Center, Ohio Agricultural provision of the order, or any obligation Research and Development Center, 1625 imposed in connection with the order is This proposal seeks to eliminate the Wilson Road, Wooster, Ohio 44691, not in accordance with the law. A ability of the same milk to be pooled on (330) 287–1424, beginning at 8:30 a.m., handler is afforded the opportunity for the Mideast order and on a State on Monday, March 7, 2005, with respect a hearing on the petition. After a operated order with marketwide to proposed amendments to the hearing, the Department would rule on pooling. tentative marketing agreement and to the petition. The Act provides that the 1. Amend § 1033.13 by adding a new the order regulating the handling of district court of the United States in any paragraph (e), to read as follows: milk in the Mideast milk marketing district in which the handler is an § 1033.13 Producer milk. area. inhabitant, or has its principal place of The hearing is called pursuant to the business, has jurisdiction in equity to * * * * * provisions of the Agricultural Marketing review the Department’s ruling on the (e) Producer milk shall not include Agreement Act of 1937, as amended (7 petition, provided a bill in equity is milk of a producer that is subject to a U.S.C. 601–674), and the applicable filed not later than 20 days after the date marketwide equalization pool under a rules of practice and procedure of the entry of the ruling. milk classification and pricing plan governing the formulation of marketing This public hearing is being under the authority of a State agreements and marketing orders (7 CFR conducted to collect evidence for the government. Part 900). record concerning the inequities among The purpose of the hearing is to Proposed by Dairy Farmers of America, producers arising from order provisions receive evidence with respect to the Inc., and Michigan Milk Producers that allow reserve milk, which is used economic and marketing conditions that Association in cheese or butter and nonfat dry milk relate to the proposed amendments, production, to share in the benefits of Proposal No. 2 hereinafter set forth, and any appropriate modifications thereof, to the pooling, but does not require such milk This proposal seeks to amend the tentative marketing agreement and to to pool when there is a cost (when the order’s pooling provisions by changing the order. Class III price or Class IV price is above the supply plant and the cooperative Actions under the Federal milk order the blend price). Evidence will also be association operated plant performance program are subject to the Regulatory collected to consider amending the standards and diversion limit standards Flexibility Act (5 U.S.C. 601 et seq.). order’s supply plant performance to better identify the milk of producers This Act seeks to ensure that, within the standards and diversion limitations to who are providing consistent service to statutory authority of a program, the better identify the milk of producers the Class I needs of the Mideast milk regulatory and informational that should be eligible to receive the marketing order. requirements are tailored to the size and order’s blend price, increasing the 1. Amend § 1033.7 by revising nature of small businesses. For the number of days that a dairy farmer’s paragraphs (c), (d) introductory text, purpose of the Act, a dairy farm is a milk production would need to be (d)(2) and (e)(1), to read as follows: delivered to a pool plant before such ‘‘small business’’ if it has an annual § 1033.7 Pool Plant. gross revenue of less than $750,000, and milk would be eligible for diversion to a dairy products manufacturer is a nonpool plants but have such diverted * * * * * ‘‘small business’’ if it has fewer than 500 milk pooled on the order, establishing a (c) A supply plant from which the employees. Most parties subject to a transportation credit to partially quantity of bulk fluid milk products milk order are considered as a small reimburse handlers for the cost of shipped to, received at, and physically business. Accordingly, interested parties transporting milk intended for use in unloaded into plants described in are invited to present evidence on the Class I products, eliminating the ability paragraph (a) or (b) of this section as a probable regulatory and informational to simultaneously pool the same milk percent of the Grade A milk received at impact of the hearing proposals on on the Mideast Federal order and on a the plant from dairy farmers (except small businesses. Also, parties may State operated order with marketwide dairy farmers described in § 1033.12(b)) suggest modifications of these proposals pooling, and changing the producer- and handlers described in § 1000.9(c), as for the purpose of tailoring their handler definition for the order. reported in § 1033.30(a), is not less than applicability to small businesses. Interested parties who wish to 40 percent of the milk received from The amendments to the rules introduce exhibits should provide the dairy farmers, including milk diverted proposed herein have been reviewed Presiding Officer at the hearing with (4) pursuant to § 1033.13, subject to the under Executive Order 12988, Civil copies of such exhibits for the Official following conditions: Justice Reform. They are not intended to Record. Also, it would be helpful if * * * * * have a retroactive effect. If adopted, the additional copies are available for the (d) A plant operated by a cooperative proposed amendments would not use of other participants at the hearing. association if, during the months of August through November 40 percent preempt any state or local laws, List of Subjects in 7 CFR Part 1033 regulations, or policies, unless they and during the months of December present an irreconcilable conflict with Milk marketing orders. through July 30 percent or more of the this rule. The authority citation for 7 CFR Part producer milk of members of the The Agricultural Marketing 1033 continues to read as follows: association is delivered to a distributing Agreement Act provides that pool plant(s) or to a nonpool plant(s), Authority: 7 U.S.C. 601–674. administrative proceedings must be and classification other than Class I is exhausted before parties may file suit in The proposed amendments, as set not requested. Deliveries for court. Under section 8c(15)(A) of the forth below, have not received the qualification purposes may be made Act, any handler subject to an order may approval of the Department. directly from the farm or by transfer

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from such association’s plant, subject to flood)) the dairy farmer’s milk shall not § 1033.13 Producer milk. the following conditions: be eligible for diversion until milk of the Except as provided in paragraph (e) of (1) * * * dairy farmer has been physically this section, producer milk means the (2) The 30 percent delivery received as producer milk at a pool skim milk (or the skim equivalent of requirement for December through July plant; components of skim milk), including may be met for the current month or it (2) The equivalent of at least four days nonfat components, and butterfat in may be met on the basis of deliveries milk production in each of the months milk of a producer that is: during the preceding twelve (12) month of August through November and two * * * * * period ending with the current month. days milk production in each of the (e) Producer milk shall not include * * * * * months of December through January is any milk which comes from a dairy farm (e) * * * caused by the handler to be physically whose milk was not producer milk (1) The aggregate monthly quantity received at the pool plant; under the provisions of this part during supplied by all parties to such an (3) The equivalent of at least two days the previous twelve (12) months or agreement as a percentage of the milk production is caused by the § ____.13 of any other Federal milk producer milk receipts included in the handler to be physically received at a marketing order. This exception shall unit during the months of August pool plant in each of the months of not apply if through November is not less than 45 February through July if the requirement (1) Milk was not marketed from that percent and during the months of of paragraph (d)(2) of this section farm during the previous 12 months in December through July is not less than (§ 1033.13) in each of the prior months which case all milk that it did market 35 percent; and of August through January are not met, for what ever part of the preceding 12 * * * * * except in the case of a dairy farmer who months must have been producer milk. 2. Amend § 1033.13 by revising marketed no Grade A milk during each (2) Milk was not marketed from that paragraph (d)(4), to read as follows: of the prior months of August through farm because the Grade A milk January. producers permit was suspended during § 1033.13 Producer milk. * * * * * some of the period and the producer did * * * * * not market milk under any other grade (d) * * * Proposed by Ohio Dairy Producers and the Ohio Farmers Union of milk permit. (4) Of the total quantity of producer (3) Milk from the farm has not been milk received during the month Proposal No. 4 producer milk for at least 12 (including diversions but excluding the This proposal seeks to establish a consecutive months. quantity of producer milk received from dairy farmer for other markets provision a handler described in § 1000.9(c) or Proposed by Ohio Dairy Producers and that would encourage a year-round the Ohio Farmers Union which is diverted to another pool plant), pooling commitment and specify the handler diverted to nonpool plants conditions for milk that was depooled to Proposal No. 6 not more than 50 percent in each of the be repooled. months of August through February and This proposal seeks to establish a 1. Amend § 1033.12 by adding a new dairy farmer for other markets provision 60 percent in each of the months of paragraph (b)(5), to read as follows: March through July. that would establish a maximum § 1033.12 Producer. pooling limit of 115 percent of a prior * * * * * month’s pooled milk volume that could * * * * * Proposed by Dean Foods Company be pooled in any subsequent month. (b) * * * 1. Amend § 1033.13 by adding a new (5) For any month, any dairy farmer Proposal No. 3 paragraph (e), to read as follows: whose milk is received at a pool plant This proposal seeks to amend the or by a cooperative association handler § 1033.13 Producer milk. ‘‘touch-base’’ standard and provide an described in § 1000.9(c) if the pool plant exact definition for temporary loss of * * * * * operator or the cooperative association (e) The quantity of milk reported by Grade A approval. caused milk from the same farm to be 1. Amend § 1033.13 by revising a handler pursuant to § 1033.30(a)(1) delivered to any plant as other than paragraphs (d)(1) through (d)(3), to read and/or § 1033.30(c)(1) may not exceed producer milk, as defined in the order as follows: 115 percent of the producer milk in this part or any other Federal milk receipts pooled by the handler during § 1033.13 Producer milk. order, during the same month or any of the prior month. Milk diverted to * * * * * the preceding 11 months, unless the nonpool plants reported in excess of (d) * * * equivalent of at least ten days milk this limit shall be removed from the (1) Milk of a dairy farmer shall not be production has been physically received pool by the market administrator. Milk eligible for diversion until milk of such otherwise as producer milk at a received at pool plants, other than pool dairy farmer has been physically distributing plant during the month. distributing plants, shall be classified received as producer milk at a pool Proposed by Continental Dairy pursuant to § 1000.44(a)(3)(v) and plant and the dairy farmer has Products, Inc. § 1000.44(b)(3)(v). The handler must continuously retained producer status designate, by producer pick-up, which since that time. If a dairy farmer loses Proposal No. 5 milk is to be removed from the pool. If producer status under the order in this This proposal seeks to limit the ability the handler fails to provide this part (except as a result of loss of Grade to pool the milk of a producer on the information, the market administrator A approval not to exceed 21 days in a order during the month if such milk had will make the determination. The calendar year, unless it is determined by not been pooled for at least twelve following provisions will apply: the market administrator to be consecutive prior months. (1) Milk shipped to and physically unavoidable circumstances beyond the 1. Amend § 1033.13 by revising the received at pool distributing plants shall control of the dairy farmer such as a introductory paragraph and adding a not be subject to the 115 percent natural disaster (ice storm, wind storm, new paragraph (e), to read as follows: limitation;

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(2) Producer milk qualified pursuant (2) Producer milk qualified pursuant preceding month unless the equivalent to § lll.13 of any other Federal order to § lll.13 of any other Federal order of at least ten days’ milk production has and continuously pooled in any Federal in the previous month shall not be been physically received otherwise as order for the previous six months shall included in the computation of the 115 producer milk at a pool distributing not be included in the computation of percent limitation, provided that the plant during the month. the 115 percent limitation; producers comprising the milk supply Proposed by Dairy Farmers of America, (3) The market administrator may have been continuously pooled on any Inc. waive the 115 percent limitation Federal order for the entirety of the most utilizing; recent three consecutive months. Proposal No. 9 (i) For a new handler on the order, (3) The market administrator may This proposal seeks to establish a subject to the provision of waive the 115 percent limitation: transportation credit provision on milk § 1033.13(e)(3), or (i) For a new handler on the order, delivered from farms to pool (ii) For an existing handler with subject to the provisions of distributing plants. The initial 75 miles significantly changed milk supply § 1033.13(e)(4), or and that portion of the milk movement conditions due to unusual (ii) For an existing handler with beyond 400 miles would not be eligible circumstances; significantly changed milk supply for the credit. (4) The market administrator may conditions due to unusual 1. Add a new § 1033.55, to read as increase or decrease the applicable circumstances; follows: limitation for a month consistent with (4) Milk may be considered ineligible the procedures in § 1033.7(g); and for pooling if the market administrator § 1033.55 Transportation credits. (5) A bloc of milk may be considered determines that handlers altered the (a) Each handler operating a pool ineligible for pooling if the market reporting of such milk for the purpose distributing plant described in administrator determines that handlers of evading the provisions of this § 1033.7(a) or (b) that receives milk from altered the reporting of such milk for the paragraph. dairy farmers, and each handler purpose of evading the provisions of Proposed by Dean Foods Company described in § 1033.9(c) that delivers this paragraph. milk to a pool distributing plant Proposal No. 8 Proposed by Dairy Farmers of America, described in § 1033.7(a) or (b) shall Inc., and Michigan Milk Producers This proposal seeks to establish a receive a transportation credit on the Association dairy farmer for other markets provision portion of such milk eligible for the that would specify a 2-month to 7- credit pursuant to paragraph (b) of this Proposal No. 7 month exclusion from the pool if milk section. This proposal, like Proposal 6, seeks is depooled. (1) Transportation credits paid to establish a dairy farmer for other 1. Amend § 1033.12 by adding new pursuant to paragraph (a)(1) and (2) of markets provision that would establish paragraphs (b)(5) and (b)(6), to read as this section shall be subject to final a maximum pooling limit of 115 percent follows: verification by the market administrator of a prior month’s pooled milk volume pursuant to § 1000.77. that could be pooled in a subsequent § 1033.12 Producer. (2) In the event that a qualified month. It has minor order language * * * * * cooperative association is the differences from Proposal 6. (b) * * * responsible party for whose account 1. Amend § 1033.13 by adding a new (5) For any month of February such milk is received and written paragraph (e), to read as follows: through June, any dairy farmer whose documentation of this fact is provided milk is received at a pool plant or by a to the market administrator pursuant to § 1033.13 Producer milk. cooperative association handler § 1033.30(c)(3) prior to the date payment * * * * * described in § 1000.9(c) if the pool plant is due, the transportation credits for (e) The quantity of milk reported by operator or the cooperative association such milk computed pursuant to this a handler pursuant to § 1033.30(a)(1) caused milk from the same farm to be section shall be made to such and/or § 1033.30(c)(1) for the current delivered to any plant as other than cooperative association rather than to month may not exceed 115 percent of producer milk, as defined under the the operator of the pool plant at which the producer milk receipts pooled by order in this part or any other Federal the milk was received. the handler during the prior month. milk order, during the month, any of the (b) Transportation credits shall apply Milk diverted to nonpool plants 3 preceding months, or during any of to the pounds of bulk milk received reported in excess of this limit shall not the preceding months of July through directly from the farms of producers at be producer milk. Milk received at pool January, unless the equivalent of at least pool distributing plants determined as plants in excess of the 115 percent limit, ten days’ milk production has been follows: other than pool distributing plants, shall physically received otherwise as (1) Determine the total pounds of be classified pursuant to producer milk at a pool distributing producer milk physically received at the § 1000.44(a)(3)(v). The handler must plant during the month; and pool distributing plant; designate, by producer pick-up, which (6) For any month of July through (2) Subtract from the pounds of milk milk shall not be producer milk. If the January, any dairy farmer whose milk is described in paragraph (b)(1) of this handler fails to provide this information received at a pool plant or by a section the pounds of bulk milk the provisions of § 1033.13(d)(6) shall cooperative association handler transferred or diverted from the pool apply. The following provisions apply: described in § 1000.9(c) if the pool plant plant receiving the milk if milk was (1) Milk shipped to and physically operator or the cooperative association transferred or diverted to a nonpool received at pool distributing plants and caused milk from the same farm to be plant on the same calendar day that the allocated to Class I use in excess of the delivered to any plant as other than milk was received. For this purpose, the prior month’s volume allocated to Class producer milk, as defined under the transferred or diverted milk shall be I use shall not be subject to the 115 order in this part or any other Federal subtracted from the most distant load of percent limitation; milk order, during the month or the milk received, and then in sequence

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with the next most distant load until all redetermination of the mileage so establish) and who provides proof of the transfers have been offset; and pertaining to any plant, the market satisfactory to the market administrator (3) Multiply the pounds determined administrator shall notify the handler of that it meets all the requirements of this in (b)(2) by the Class I utilization of all such redetermination within 30 days section for designation. producer milk at the pool plant operator after the receipt of such request. Any (a) Requirements for designation. as described in § 1000.44. The resulting financial obligation resulting from a Designation of any person as a pounds are the pounds upon which change in mileage shall not be producer-handler by the market transportation credits, as determined in retroactive for any periods prior to the administrator shall be contingent upon paragraph (c) of this section, shall be redetermination by the market meeting all the conditions set forth in applicable. administrator. paragraphs (a)(1) through (6) of this (c) Transportation credits shall be 2. Amend § 1033.60 by revising the section. Following the cancellation of a computed as follows: introductory paragraph and adding a previous producer-handler designation, (1) Determine an origination point for new paragraph (k), to read as follows: a person seeking to have their producer- each load of milk by locating the county handler designation reinstated must seat of the closest producer’s farm from § 1033.60 Handler’s value of milk. demonstrate that these conditions have which milk was picked up for delivery For the purpose of computing a been met for the preceding month. to the receiving pool plant; handler’s obligation for producer milk, (1) The care and management of the (2) Determine the shortest hard- the market administrator shall dairy animals and other resources and surface highway distance between the determine for each month the value of facilities designated in paragraph (b)(1) receiving pool plant and the origination milk of each handler with respect to of this section necessary to produce all point; each of the handler’s pool plants and of Class I milk handled (excluding receipts (3) Subtract 75 miles from the lesser each handler described in § 1000.9(c) from handlers fully regulated under any of the mileage so determined in with respect to milk that was not Federal order) are under the complete paragraph (c)(2) or 400 miles; received at a pool plant by adding the and exclusive control, and management (5) Multiply the remaining miles so amounts computed in paragraphs (a) of the producer-handler and are computed by 0.4 cent ($0.004); through (i) of this section and operated as the producer-handler’s own (6) Subtract the Class I differential subtracting from that total amount the enterprise and its sole risk. specified in § 1000.52 applicable for the value computed in paragraphs (j) and (k) (2) The plant operation designated in county in which the origination point is of this section. Unless otherwise paragraph (b)(2) of this section at which located from the Class I differential specified, the skim milk, butterfat, and the producer-handler processes and applicable at the receiving pool plant’s the combined pounds of skim milk and packages, and from which it distributes, location; butterfat referred to in this section shall its own milk production is under the (7) Subtract any positive difference result from the steps set forth in complete and exclusive control, and computed in paragraph (c)(6) of this § 1000.44(a), (b), and (c), respectively, management of the producer-handler section from the amount computed in and the nonfat components of producer and is operated as the producer- paragraph (c)(5) of this section; and milk in each class shall be based upon handler’s own enterprise and at its sole (8) Multiply any positive remainder the proportion of such components in risk. computed in paragraph (c)(7) by the producer skim milk. Receipts of (3) The producer-handler neither hundredweight of milk described is nonfluid milk products that are receives at its designated milk paragraph (b)(3) of this section. distributed as labeled reconstituted milk production resources and facilities, nor (d) The rate and mileage limits of for which payments are made to the receives, handles, processes, or paragraphs (c)(4) and (5) of this section producer-settlement fund of another distributes at or through any of its may be increased or decreased by the Federal order under § 1000.76(a)(4) or designated milk handling, processing, or market administrator if the market (d) shall be excluded from pricing under distributing resources and facilities administrator finds that such this section. other source milk products for adjustment is necessary to better reflect * * * * * reconstitution into fluid milk products actual conditions present in the or fluid milk derived from any source marketplace. Before making such a (k) Compute the amount of credits applicable pursuant to § 1033.55. other than: finding, the market administrator shall (i) Its designated milk production investigate the need for adjustment Proposed by Dairy Farmers of America, resources and facilities (own farm either on the market administrator’s Inc., and Michigan Milk Producers production); own initiative or at the request of Association (ii) Pool handlers and plants regulated interested parties. If the investigation under any Federal order within the Proposal No. 10 shows that an adjustment might be limitation specified in paragraph (c)(2) appropriate, the market administrator This proposal seeks to amend the of this section; or shall issue a notice stating that an current producer-handler definition. (iii) Nonfat milk solids which are adjustment is being considered and 1. Revise § 1033.10, to read as follows: used to fortify fluid milk products. invite data, views, and arguments. Any (4) The producer-handler is neither decision to revise either figure must be § 1033.10 Producer-handler. directly nor indirectly associated with issued in writing at least one day before Producer-handler means a person the business control or management of, the effective date. who operates a dairy farm(s) and a nor has a financial interest in, another (e) For purposes of this section, the distributing plant(s) from which there is handler’s operation; nor is any other distances to be computed shall be route disposition in the marketing area handler so associated with the determined by the market administrator and the total route disposition and producer-handler’s operation. using the shortest available state and/or transfers in the form of packaged fluid (5) No milk produced by the herd(s) Federal highway mileage. Mileage milk products to other distributing or on the farm(s) that supply milk to the determinations are subject to plants during the month does not producer-handler’s plant operation is: redetermination at all times. In the exceed 3 million pounds (or such lesser (i) Subject to inclusion and event a handler requests a maximum volume that the record may participation in a marketwide

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equalization pool under a milk (2) The producer-handler handles marketing area, or from the Hearing classification and pricing program fluid milk products derived from Clerk, United States Department of under the authority of a State sources other than the milk production Agriculture, Room 1083–STOP 9200, government maintaining marketwide facilities and resources designation in 1400 Independence Avenue, SW., pooling of returns, or paragraph (b)(1) of this section, except Washington, DC 20250–9200, or may be (ii) Marketed in any part to a nonpool that it may receive at its plant, or inspected there. distributing plant. acquire for route disposition, fluid milk Copies of the transcript of testimony (6) The producer-handler does not products from fully regulated plants and taken at the hearing will not be available distribute fluid milk products to a handlers under any Federal order if for distribution through the Hearing wholesale customer who is served by a such receipts do not exceed 150,000 Clerk’s Office. If you wish to purchase plant described in § 1033.7(a) and (b) or pounds monthly. This limitation shall a copy, arrangements may be made with a handler described in § 1000.8(c) that not apply if the producer-handler’s the reporter at the hearing. supplied the same product in the same- own-farm production is less than From the time that a hearing notice is sized package with a similar label to a 150,000 pounds during the month. issued and until the issuance of a final wholesale customer during the month. (3) Milk from the milk production decision in a proceeding, Department (b) Designation of resources and resources and facilities of the producer- employees involved in the decision- facilities. Designation of a person as a handler is subject to inclusion and making process are prohibited from producer-handler shall include the participation in a marketwide discussing the merits of the hearing determination of what shall constitute equalization pool under a milk issues on an ex parte basis with any the person’s milk production, handling, classification and pricing plan operating person having an interest in the processing, and distribution resources under the authority of a State proceeding. For this particular and facilities, all of which shall be government. proceeding, the prohibition applies to considered an integrated operation. (d) Loss of producer-handler status. employees in the following (1) Milk production resources and Notwithstanding paragraph (a) of this organizational units: facilities shall include all resources and section, loss of producer-handler status Office of the Secretary of Agriculture; facilities (milking herd(s), buildings for exceeding the limits in (c)(2) or for Office of the Administrator, housing such herd(s), and the land on having more than three million pounds Agricultural Marketing Service; which such buildings are located) used (or such lesser maximum volume that Office of the General Counsel; Dairy Programs, Agricultural for the production of milk which the the record may so establish) of total Marketing Service (Washington Office) producer-handler has designated as a route disposition and transfers in the and the Office of the Market source of milk supply for the producer- form of packaged fluid milk products to Administrator of the Mideast Milk handler’s plant operation. other distributing plants during the (2) Milk handling, processing, and Marketing Area. month shall only be effective in the distribution resources and facilities Procedural matters are not subject to months where the limits are exceeded. shall include all resources and facilities the above prohibition and may be (e) Public announcement. The market (including store outlets) used for discussed at any time. administrator shall publicly announce: handling, processing, and distributing (1) The name, plant location(s), and Dated: February 14, 2005. fluid milk products which are solely or farm locations(s) of persons designated Kenneth C. Clayton, partially owned by, and directly or as producer-handlers; Acting Administrator, Agricultural Marketing indirectly operated or controlled by the (2) The names of those persons whose Service. producer-handler or in which the designations have been cancelled; and [FR Doc. 05–3070 Filed 2–14–05; 4:17 pm] producer-handler in any way has an (3) The effective dates of producer- BILLING CODE 3410–02–P interest, including any contractual handler status or loss of producer- arrangement, or over which the handler status for each. producer-handler directly or indirectly (f) Burden of establishing and NATIONAL CRIME PREVENTION AND exercises any degree of management or maintaining producer-handler status. PRIVACY COMPACT COUNCIL control. The burden rests upon the handler who (3) All designations shall remain in is designated as a producer-handler to 28 CFR Part 904 effect until canceled pursuant to establish by proof satisfactory to the paragraph (c) of this section. [NCPPC 108] (c) Cancellation. The designation as a market administrator through records producer-handler shall be canceled required pursuant to § 1000.27 that the Criminal History Record Screening for upon determination by the market requirements set forth in paragraph (a) Authorized Noncriminal Justice administrator that any of the of this section have been met, and that Purposes the conditions set forth in paragraph (c) requirements of paragraph (a)(1) through AGENCY: National Crime Prevention and (6) of this section are not met, or under of this section for cancellation of the designation do not exist. Privacy Compact Council. any of the conditions described in ACTION: Proposed rule, with request for paragraph (c)(1), (2) or (3) of this Proposed by Dairy Programs, comments. section. Cancellation of a producer- Agricultural Marketing Service handler’s status pursuant to this SUMMARY: The Compact Council, paragraph shall be effective on the first Proposal No. 11 established pursuant to the National day of the month in which the Make such changes as may be Crime Prevention and Privacy Compact conditions were not met. necessary to make the entire marketing (Compact), is publishing a rule (1) Milk from the milk production agreement and the order conform with proposing to establish criminal history resources and facilities of the producer- any amendments thereto that may result record screening standards for criminal handler, designated in paragraph (b)(1) from this hearing. history record information received of this section, is delivered in the name Copies of this notice of hearing and from the Interstate Identification Index of another person as producer milk to the orders may be procured from the (III) for authorized noncriminal justice another handler. Market Administrator of the aforesaid purposes.

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DATES: Submit comments on or before inter alia that records obtained under Unfunded Mandates Reform Act March 21, 2005. the Compact by the requesting Approximately 75 percent of the ADDRESSES: Send all written comments jurisdiction may only be used for the Compact Council members are concerning this proposed rule to the purpose requested and that the representatives of state and local Compact Council Office, 1000 Custer receiving jurisdiction must delete governments; accordingly, rules Hollow Road, Module C3, Clarksburg, entries that may not legally be used for prescribed by the Compact Council are WV 26306; Attention: Todd C. a particular noncriminal justice not Federal mandates. Accordingly, no Commodore. Comments may also be purpose, the Compact Council is actions are deemed necessary under the submitted by fax at (304)625–5388. To proposing this rule to ensure that only provisions of the Unfunded Mandates ensure proper handling, please legally authorized records are used for Reform Act of 1995. reference ‘‘Record Screening Procedures particular noncriminal justice purposes. Docket No. 108’’ on your This proposed rule will also facilitate Small Business Regulatory Enforcement correspondence. You may view an national uniformity in criminal history Fairness Act of 1996 electronic version of this proposed rule record screening and editing practices The Small Business Regulatory at http://www.regulations.gov. You may applicable to information received via Enforcement Fairness Act (Title 5, also comment via electronic mail at the III System for noncriminal justice U.S.C. 801–804) is not applicable to the [email protected] or by using the purposes. Council’s rule because the Compact http://www.regulations.gov comment Administrative Procedures and Council is not a ‘‘Federal agency’’ as form for this regulation. When Executive Orders defined by 5 U.S.C. 804(1). Likewise, submitting comments electronically you the reporting requirement of the must include NCPPC Docket No. 108 in Administrative Procedure Act Congressional Review Act (Subtitle E of the subject box. This rule is published by the Compact the Small Business Regulatory FOR FURTHER INFORMATION CONTACT: Ms. Council as authorized by the National Enforcement Fairness Act) does not Donna M. Uzzell, Compact Council Crime Prevention and Privacy Compact apply. See 5 U.S.C. 804. Chairman, Florida Department of Law (Compact), an interstate/Federal List of Subjects in 28 CFR Part 904 Enforcement, PO Box 1489, Tallahassee, compact which was approved and Crime, Health, Privacy. FL 32302, telephone number (850) 410– enacted into law by Congress pursuant 7100. to Pub. L. 105–251. The Compact Accordingly, title 28 of the Code of Federal Regulations, chapter IX is SUPPLEMENTARY INFORMATION: The Council is composed of 15 members proposed to be amended by adding part National Crime Prevention and Privacy (with 11 state and local governmental 904 to read as follows: Compact, 42 U.S.C. 14611–16, representatives). The Compact specifically provides that the Council establishes uniform standards and PART 904—STATE CRIMINAL processes for the interstate and Federal- shall prescribe rules and procedures for the effective and proper use of the III HISTORY RECORD SCREENING state exchange of criminal history STANDARDS records for noncriminal justice System for noncriminal justice purposes. The Compact was approved purposes, and mandates that such rules, Sec. by the Congress on October 9, 1998, procedures, or standards established by 904.1 Purpose and authority. (Pub. L. 105–251) and became effective the Council shall be published in the 904.2 Interpretation of the criminal history record screening requirement. on April 28, 1999, when ratified by the Federal Register. See 42 U.S.C. 14616, Articles II(4), VI(a)(1), and VI(e). This 904.3 State criminal history record second state. screening standards. Article VI of the Compact establishes publication complies with those a Compact Council ‘‘which shall have requirements. Authority: 42 U.S.C. 14616. the authority to promulgate rules and Executive Order 12866 § 904.1 Purpose and authority. procedures governing the use of the III The Compact Council is not an Pursuant to the National Crime system for noncriminal justice purposes, executive department or independent Prevention and Privacy Compact not to conflict with FBI administration regulatory agency as defined in 44 (Compact), title 42, U.S.C., chapter 140, of the III system for criminal justice U.S.C. 3502; accordingly, Executive subchapter II, section 14616, Article IV purposes’’. The Council is proposing Order 12866 is not applicable. (c), the Compact Council hereby this rule under the authority of Compact establishes record screening standards Executive Order 13132 Article VI. for criminal history record information The Compact requires that each Party The Compact Council is not an received by means of the III System for State appoint a Compact officer to executive department or independent noncriminal justice purposes. regulate the in-state use of records regulatory agency as defined in 44 received by means of the III system from U.S.C. 3502; accordingly, Executive § 904.2 Interpretation of the criminal the FBI or from other Party States. Since Order 13132 is not applicable. history record screening requirement. January 2003, Nonparty States may sign Nonetheless, this Rule fully complies Compact Article IV(c) provides that a memorandum of understanding with the intent that the national ‘‘Any record obtained under this (MOU) with the Compact Council government should be deferential to the Compact may be used only for the voluntarily binding the Signatory States when taking action that affects official purposes for which the record Nonparty States to the Council’s rules, the policymaking discretion of the was requested.’’ Further, Article procedures, and standards for the States. III(b)(1)(C) requires that each Party State noncriminal justice use of the III appoint a Compact officer who shall System. The MOUs between Nonparty Executive Order 12988 ‘‘regulate the in-State use of records States and the Compact Council are one The Compact Council is not an received by means of the III System mechanism to ensure system policy executive agency or independent from the FBI or from other Party States.’’ compliance until the states become establishment as defined in 5 U.S.C. To ensure compliance with this Compact signatories. In order to 105; accordingly, Executive Order 12988 requirement, Compact Officers receiving implement Article IV(c), which provides is not applicable. records from the FBI or other Party

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States are specifically required to ACTION: Proposed rule. VI to establish III System rules, ‘‘ensure that record entries that may not procedures, and standards concerning legally be used for a particular SUMMARY: The Compact Council, record dissemination and use, response noncriminal justice purpose are deleted established pursuant to the National times, data quality, system security, from the response and, if no information Crime Prevention and Privacy Compact accuracy, privacy protection and other authorized for release remains, an (Compact), is publishing a rule aspects of III System operation for appropriate ’no record’ response is proposing to establish a procedure for noncriminal justice purposes. Access to communicated to the requesting ensuring compliant conduct and records is conditional upon the official.’’ Compact Article IV(c)(3). responsible use of the Interstate submission of the subject’s fingerprints Identification Index (III) System for or other approved forms of positive § 904.3 State criminal history record noncriminal justice purposes as identification with the record check screening standards. authorized by Article VI of the Compact. request as set forth in Article V of the The following record screening DATES: Comments must be received on Compact. Further, any record obtained standards relate to criminal history or before March 21, 2005. under the Compact may be used only for record information received for ADDRESSES: Send all written comments the official purposes for which the noncriminal justice purposes as a result concerning this proposed rule to the record was requested. of a national search subject to the Compact Council Office, 1000 Custer Article III(a) of the Compact requires Compact utilizing the III System. Hollow Road, Module C3, Clarksburg, the Director of the FBI to appoint a (a) The State Criminal History Record WV 26306; Attention: Todd C. Compact Officer (herein referred to as Repository or an authorized agency in Commodore. Comments may also be the FBI Compact Officer) to administer the receiving state will complete the submitted by fax at (304) 625–5388. To the Compact within the Department of record screening required under § 904.2 ensure proper handling, please Justice (DOJ) and among Federal for all noncriminal justice purposes. reference ‘‘Compliant Conduct and agencies and other agencies and (b) Authorized officials performing Responsible Use of the Interstate organizations that submit search record screening under § 904.3(a) shall Identification Index (III) for requests to the FBI and to ensure that screen the record to determine what Noncriminal Justice Purposes’’ on your Compact provisions and Compact information may legally be correspondence. You may view an Council rules, procedures, and disseminated for the authorized purpose electronic version of this proposed rule standards are complied with by DOJ and for which the record was requested. at http://www.regulations.gov. You may other Federal agencies and other Such record screening will be also comment via electronic mail at agencies and organizations. Article III(b) conducted pursuant to the receiving [email protected] or by using the requires each Party State to appoint a state’s applicable statute, executive http://www.regulations.gov comment Compact Officer (herein referred to as order, regulation, formal determination form for this regulation. When the State Compact Officer) who shall or directive of the state attorney general, submitting comments electronically you administer the Compact within the or other applicable legal authority. must include NCPPC Docket No. 108 in state, ensure that Compact provisions (c) If the state receiving the record has the subject box. and Compact Council rules, procedures, and standards are complied with, and no law, regulation, executive order, state FOR FURTHER INFORMATION CONTACT: Ms. regulate the in-state use of records attorney general directive, or other legal Donna M. Uzzell, Compact Council authority providing guidance on the received by means of the III System Chairman, Florida Department of Law from the FBI or from other Party States. screening of criminal history record Enforcement, 2331 Philips Road, information received from the FBI or Tallahassee, Florida 32308–5333, Background another state as a result of a national telephone number (850) 410–7100. search, then the record screening under Pursuant to Articles VI and XI SUPPLEMENTARY INFORMATION: § 904.3(a) shall be performed in the The respectively, the Compact Council has same manner in which the state screens National Crime Prevention and Privacy the authority to promulgate rules and its own records for noncriminal justice Compact, 42 U.S.C. 14616, establishes procedures governing the use of the III purposes. uniform rules, procedures, and system for noncriminal justice purposes standards for the interstate and federal- and has the initial authority to make Dated: January 29, 2005. state exchange of criminal history determinations with respect to any Donna M. Uzzell, records for noncriminal justice dispute regarding interpretation of the Compact Council Chairman. purposes. The Compact was signed into Compact, any rule or standard [FR Doc. 05–3041 Filed 2–16–05; 8:45 am] law on October 9, 1998, (Pub. L. 105– established by the Compact Council BILLING CODE 4410–02–P 251) and became effective on April 28, pursuant to Article VI of the Compact, 1999, when ratified by the second state. and any dispute or controversy between The Compact provides for the any parties to the Compact. Based upon NATIONAL CRIME PREVENTION AND expeditious provision of Federal and its authority under the Compact, the PRIVACY COMPACT COUNCIL State criminal history records to Compact Council may impose governmental and nongovernmental appropriate sanctions against agencies 28 CFR Part 907 agencies that use such records for that do not operate in accordance with noncriminal justice purposes authorized the Compact and rules and procedures [NCPPC 108] by pertinent Federal and State law, promulgated by the Compact Council. Compact Council Procedures for while simultaneously enhancing the The Compact Council is establishing Compliant Conduct and Responsible accuracy of the records and this rule to protect and enhance the Use of the Interstate Identification safeguarding the information contained accuracy and privacy of III System Index (III) System for Noncriminal therein from unauthorized disclosure or records, to ensure that only authorized Justice Purposes use. access to records is permitted, and to To carry out its responsibilities under ensure that records are used and AGENCY: National Crime Prevention and the Compact, the Compact Council is disseminated only for particular Privacy Compact Council. authorized under Article III and Article authorized noncriminal justice

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purposes. The procedures established request that the Director of the FBI take members (with 11 State and local by the rule will be used in determining appropriate action. governmental representatives). compliant conduct and responsible use In determining applicable actions or The Compact Council is not a federal of III System records and in addressing sanctions for noncompliance with agency as defined in the Administrative any violations that may be detected. Compact provisions or Compact Council Procedure Act. Accordingly, rulemaking This rule acts as public notice that rules, the Compact Council shall take by the Compact Council pursuant to the unauthorized access to the III System for into consideration: (1) Any meritorious, Compact is not subject to the Act. noncriminal justice purposes or misuse unusual or aggravating circumstances However, the Compact specifically of records obtained by means of the which affect the seriousness of the provides that the Compact Council shall System for such purposes may result in violation; (2) circumstances that could prescribe rules and procedures for the the imposition of sanctions by the not reasonably have been foreseen by effective and proper use of the Interstate Compact Council, which may include the FBI, state repository, user agency, or Identification Index (III) System for the suspension of noncriminal justice others; and (3) the nature and noncriminal justice purposes, and access to the III System should the seriousness of the violation, including mandates that such rules, procedures, or violation be found egregious or whether it was intentional, technical, standards established by the Compact constitute a serious risk to the integrity inadvertent, committed maliciously, Council be published in the Federal of the System. committed for gain, or repetitive. A Register. See 42 U.S.C. 14616, Articles The Compact requires the FBI II(4), VI(a)(1), and VI(e). This Director to appoint an FBI Compact pattern or practice of noncompliance by an agency may be grounds for the publication complies with those Officer to ensure that federal agencies requirements. comply with rules, procedures, and imposition of sanctions. The Compact standards established by the Compact Council may evaluate relevant Executive Order 12866 documentary evidence available from Council but does not directly address The Compact Council is not an any source. the FBI’s responsibility to ensure state executive department or independent compliance. The Act adopting the If, as a result of a compliance review regulatory agency as defined in 44 Compact, however, provides that all or on the basis of other credible U.S.C. 3502; accordingly, Executive United States departments and agencies information, the Compact Council Order 12866 is not applicable. shall enforce the Compact and cooperate determines that an agency is not with one another and with all Party operating in accordance with the Executive Order 13132 States in enforcing the Compact and Compact and applicable rules, The Compact Council is not an effectuating its purposes. Pursuant to procedures, and standards, prompt executive department or independent this direction and authority, the FBI notice will be given of the nature of the regulatory agency as defined in 44 Criminal Justice Information Services noncompliance and the possible U.S.C. 3502; accordingly, Executive (CJIS) Division has agreed to regularly consequences of failure to take effective Order 13132 is not applicable. conduct systematic compliance reviews corrective action. A concerted effort will Nonetheless, this rule fully complies of state repositories and selected be made to persuade the offending with the intent that the national agencies for compliance with the agency to comply voluntarily. Efforts to government should be deferential to the Compact and Compact Council rules on secure voluntary compliance will be States when taking action that affects use of the III System. The Compact undertaken at the outset in every the policymaking discretion of the Council established the audit team and noncompliance situation and will be States. approved the audit methodology that pursued through each stage of corrective will be used to conduct periodic action. However, where a noncompliant Executive Order 12988 reviews of the FBI and agencies that agency fails to provide adequate The Compact Council is not an submit record check requests to the FBI assurance of compliance or apparently executive agency or independent under federal authority. (For a copy of breaches the terms of such assurance, establishment as defined in 5 U.S.C. the FBI Audit Methodology, contact the the Compact Council will take the 105; accordingly, Executive Order 12988 FBI Compact Council Office). The appropriate actions which could is not applicable. Compact Council and its Sanctions include imposing sanctions or requiring Unfunded Mandates Reform Act Committee intend to work in concert corrective action necessary to ensure with the CJIS Advisory Policy Board’s compliance. The Compact Council will Approximately 75 percent of the (APB) Ad Hoc Sanctions Subcommittee be flexible in determining what Compact Council members are to examine findings from FBI CJIS corrective actions or sanctions are representatives of state and local Division staff reviews and determine the appropriate and generally will require governments; accordingly, rules proper arbiter over the sanctions process the minimal action or impose the least prescribed by the Compact Council are for each finding or instance of violation. severe sanction necessary to ensure not Federal mandates. No actions are The APB will continue to serve in its compliance and deter violations. deemed necessary under the provisions role as an advisor to the FBI, which has of the Unfunded Mandates Reform Act exclusive jurisdiction in matters Administrative Procedures and of 1995. regarding the use of the III System for Executive Orders Small Business Regulatory Enforcement criminal justice purposes. This advisory Administrative Procedure Act capacity includes recommending Fairness Act of 1996 sanctions to the FBI Director related to This rule is published by the Compact The Small Business Regulatory violations by criminal justice agencies Council as authorized by the National Enforcement Fairness Act (title 5, U.S.C. using the III System for criminal justice Crime Prevention and Privacy Compact 801–804) is not applicable to the purposes. If it is determined that a (Compact), an interstate and Federal- Compact Council’s rule because the sanction should be imposed on a State compact which was approved and Compact Council is not a ‘‘Federal criminal justice agency for misusing the enacted into legislation by Congress agency’’ as defined by 5 U.S.C. 804(1). III System for a noncriminal justice pursuant to Pub. L. 105–251. The Likewise, the reporting requirement of purpose, the Compact Council will Compact Council is composed of 15 the Congressional Review Act (subtitle E

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of the Small Business Regulatory carry out their responsibilities under the report was sent. If the agency under Enforcement Fairness Act) does not Compact, as set out in the National review is a state agency, a copy of the apply. See 5 U.S.C. 804. Fingerprint File (NFF) Qualification report shall be provided to the FBI Requirements, and that federal, state Compact Officer. If the agency under List of Subjects in 28 CFR Part 907 and local agencies that use the III review is being reviewed for the first Privacy, Accounting, Auditing. System for noncriminal justice purposes time, the letter transmitting the report For the reasons set forth above, the comply with the Compact and with shall provide that sanctions will not be National Crime Prevention and Privacy applicable Compact Council rules. imposed regarding any deficiencies set Compact Council proposes to reserve out in the report. The letter shall also parts 903, 904, and 905 and add part § 907.3 Assessing compliance. advise, however, that the deficiencies 907 to chapter IX of title 28 Code of (a) The FBI CJIS Division staff shall must be remedied and failure to do so Federal Regulations to read as follows: regularly conduct systematic before the agency is reviewed again will compliance reviews of state repositories. result in the initiation of remedial PART 907—COMPACT COUNCIL These reviews may include, as action pursuant to § 907.4. PROCEDURES FOR COMPLIANT necessary, reviews of III System user CONDUCT AND RESPONSIBLE USE agencies, including governmental and § 907.4 Methodology for resolving OF THE INTERSTATE IDENTIFICATION nongovernmental noncriminal justice noncompliance. INDEX (III) SYSTEM FOR entities that submit fingerprints to the (a) Subsequent to each compliance NONCRIMINAL JUSTICE PURPOSES state repositories and criminal justice review that is not a first-time agency and noncriminal justice entities with review, the final report shall be Sec. direct access to the III System. These forwarded to the Compact Council 907.1 Purpose and authority. reviews may include, as necessary, the Sanctions Committee (Sanctions 907.2 Applicability. Committee). The Sanctions Committee 907.3 Assessing compliance. governmental and nongovernmental 907.4 Methodology for resolving noncriminal justice agencies authorized shall review the report and if it noncompliance. to submit fingerprints directly to the concludes that no violations occurred or 907.5 Sanction adjudication. FBI. The reviews may consist of no violations occurred that are serious enough to require further action, it shall Authority: 42 U.S.C. 14616. systematic analyses and evaluations, including on-site investigations, and so advise the Compact Council § 907.1 Purpose and authority. shall be as comprehensive as necessary Chairman. The Compact Council The purpose of this part 907 is to to adequately ensure compliance with Chairman shall send a letter to this establish policies and procedures to the Compact and Compact Council effect to the FBI or Party State Compact ensure that use of the III System for rules. Violations may also be reported or Officer or the chief administrator of the noncriminal justice purposes complies detected independently of a review. state repository in a Nonparty State with the National Crime Prevention and (b) The FBI CJIS Division staff or the which has executed a Memorandum of Privacy Compact (Compact) and with audit team established to review the FBI Understanding. For all remaining states, rules, standards, and procedures shall prepare a draft report describing the FBI Director or Designee shall send established by the Compact Council the nature and results of each review the letter to the chief administrator of regarding application and response and setting out all findings of the state repository. If the agency under procedures, record dissemination and compliance and noncompliance, review is a state agency, a copy of the use, response times, data quality, system including any reasons for letter shall be provided to the FBI security, accuracy, privacy protection, noncompliance and the circumstances Compact Officer. and other aspects of III System surrounding the noncompliance. If the (b) Should the Sanctions Committee operation for noncriminal justice agency under review is the FBI or conclude that a violation has occurred purposes. The rule is established another federal agency, the draft report that is serious enough to require redress, pursuant to Article VI of the Compact, shall be forwarded to the FBI Compact the Sanctions Committee shall which authorizes the Compact Council Officer. If the agency under review is a recommend to the Compact Council a to promulgate rules, procedures, and state agency in a Party State, the draft course of action necessary to bring the standards governing the use of the III report shall be forwarded to the State offending agency into compliance and System for noncriminal justice Compact Officer. If the agency under require the offending agency to provide purposes. The rule requires responsible review is a state agency in a Nonparty assurances that subsequent violations authorized access to the System and use State, the draft report shall be forwarded will not occur. In making its of records obtained by means of the to the chief administrator of the state recommendation, the Sanctions System. It provides a comprehensive repository. Committee shall consider the minimal procedure for a coordinated compliance (c) The Compact Officer of the FBI or action necessary to ensure compliance effort among the Compact Council, the a Party State or the chief administrator or shall explain why corrective action is FBI, and local, state and federal of the state repository in a Nonparty not required. This may include, but not government agencies, and encourages State shall be afforded the opportunity be limited to, requiring a plan of action the cooperation of all affected parties. to forward comments and supporting by the offending agency to achieve materials to the FBI CJIS Division staff compliance, with benchmarks and § 907.2 Applicability. or to the audit team. performance measures, and/or requiring This rule applies to access to the III (d) The FBI CJIS Division staff or the the agency to seek technical assistance System for noncriminal justice purposes audit team shall review any comments to identify sources of the problem and as covered by the Compact, See 42 and materials received and shall proposed resolutions. If the Compact U.S.C. 14614 and 14616, and the use of incorporate applicable revisions into a Council approves the Sanctions information obtained by means of the final report. The final report shall be Committee’s recommendations, the System for such purposes. The rule provided to the Compact Officer of the following progressive actions shall be establishes procedures for ensuring that FBI or a Party State or the chief initiated: the FBI and the criminal history record administrator of the state repository in (1) The Compact Council Chairman repositories of Compact Party States a Nonparty State to whom the draft shall send a letter to the Compact

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Officer of the FBI or Party State or the FBI or another federal agency) or to the Sanctions Committee’s finding, the chief administrator of the state head of the state agency in which the Compact Council Chairman shall direct repository in a Nonparty State which state repository resides (if the offending the FBI Compact Officer to take has executed a Memorandum of agency is a state agency), requesting appropriate action to suspend Understanding. For all remaining states, assistance in correcting the deficiencies. noncriminal justice access to the III the FBI Director or Designee shall send The letter shall provide that the System by the offending agency. If the the letter to the chief administrator of offending agency is being placed on offending agency is a criminal justice the state repository. The letter shall probationary status. A copy of the letter agency, the Compact Council Chairman identify the violations and set out the shall be sent to the Compact Officer of shall request the Director of the FBI to actions necessary to come into the FBI or Party State or the chief take appropriate action to suspend compliance. The letter shall provide administrator of the state repository in noncriminal justice access to the III that if compliance is not achieved and a Nonparty State. If the offending System by the offending agency. assurances provided that minimize the agency is a state agency, a copy of the (5) Reinstatement of full service by probability that subsequent violations letter shall be provided to the FBI will occur, and non-compliance is not Compact Officer. The offending agency’s the FBI shall occur after the Compact excused, the Compact Council may written response to the letter shall be Officer of the FBI or a Party State or the authorize the FBI to refuse to process required within 20 calendar days from chief administrator of the state requests for criminal history record the date of the letter unless the Compact repository in a Nonparty State provides checks for noncriminal justice purposes Council requires a more expeditious to the Compact Council Chairman and from the offending agency and, if the response. The Compact Council the Sanctions Committee satisfactory offending agency is a criminal justice Chairman shall refer the response letter documentation that the deficiencies agency, may request the Director of the to the Sanctions Committee for have been corrected or a process has FBI to take appropriate action against appropriate action. been initiated and approved by the the offending agency consistent with the (3) If the Sanctions Committee deems Sanctions Committee and the Compact recommendations of the Compact the response letter under paragraph Council Chairman to correct the Council. The letter shall direct the (b)(2) of this section to be insufficient, deficiencies. If the Sanctions Committee Compact Officer of the FBI or Party or if no response is received within the approves the documentation in State or the chief administrator of the allotted time, the Sanctions Committee consultation with the Compact Council state repository in a Nonparty State to shall report its finding to the Compact Chairman, the Compact Council submit a written response within 30 Council. If the Compact Council agrees Chairman shall request the FBI Compact calendar days from the date of the letter, with the Sanctions Committee’s finding, Officer to take appropriate action to unless a more expeditious response is it shall direct the Compact Council reinstate full service. Letters to this required. If the offending agency is a Chairman to send a letter to the U.S. effect shall be sent to all persons who state agency, a copy of the letter shall Attorney General (if the offending have previously received letters relating be provided to the FBI Compact Officer. agency is the FBI or another federal to the deficiencies and resulting Written responses from the FBI, Party agency) or to the elected/appointed state suspension of service. The decision to States, and Nonparty States that have official who has oversight of the reinstate full service shall be considered executed a Memorandum of department in which the state for ratification by the Compact Council repository resides (if the offending Understanding shall be sent to the at its next regularly scheduled meeting. agency is a state agency), requesting Compact Council Chairman. The written assistance in correcting the deficiencies. (c) For good cause, the Compact response for all remaining states shall be If the state official is not the Governor, Council Chairman shall be authorized to sent to the FBI Director or Designee. The a copy of the letter shall be sent to the extend the number of days allowed for offending agency’s response letter shall Governor. A copy of the letter shall also the response letters required by go to the Compact Officer of the FBI or be sent to the FBI Compact Officer and paragraphs (b) (1) through (3) of this Party State or the chief administrator of (if the offending agency is a state section. the state repository in a Nonparty State agency) to the State Compact Officer or and shall outline the course of action it § 907.5 Sanction adjudication. the chief administrator of the state will undertake to correct the repository in a Nonparty State. The A Compact Officer of the FBI or a deficiencies and provide assurances that letter shall provide that a written Party State or the chief administrator of subsequent violations will not recur. response is required within 20 calendar the state repository in a Nonparty State Response letters that are received by the days of the date of the letter, and that may dispute a sanction under this Part FBI Director or Designee shall be made if a sufficient response is not received by asking the Compact Council available to the Compact Council within that time, sanctions may be Chairman for an opportunity to address Chairman. The Compact Council imposed that could result in suspension the Compact Council. Chairman shall refer the response to the of the offending agency’s access to the Unresolved disputes based on the Sanctions Committee for appropriate III System for noncriminal justice action. Compact Council’s issuance of sanctions purposes. The Compact Council under this Part may be referred to the (2) If the Sanctions Committee deems Chairman shall refer the response letter Compact Council Dispute Adjudication the response letter under paragraph to the Sanctions Committee for Committee when pertaining to disputes (b)(1) of this section to be insufficient, appropriate action. or if no response is received within the (4) If no response letter is received described under ARTICLE XI(a) of the allotted time, the Sanctions Committee under paragraph (b)(3) of this section Compact. shall report its finding to the Compact within the allotted time, or if the Nothing prohibits the Compact Council. If the Compact Council agrees Sanctions Committee deems the Council from requesting the FBI to with the Sanctions Committee’s finding, response to be insufficient, the exercise immediate and necessary it shall direct the Compact Council Sanctions Committee shall report its action to preserve the integrity of the III Chairman to send a letter to the Director finding to the Compact Council. If the System pursuant to Article XI(b) of the of the FBI (if the offending agency is the Compact Council agrees with the Compact.

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Dated: January 28, 2005. FOR FURTHER INFORMATION CONTACT: Channel 229A can be allotted to Port Donna M. Uzzell, Rolanda F. Smith, Media Bureau, (202) Angeles in compliance with the Compact Council Chairman. 418–2180. Commission’s minimum distance [FR Doc. 05–3045 Filed 2–16–05; 8:45 am] SUPPLEMENTARY INFORMATION: This is a separation requirements at city BILLING CODE 4410–02–P synopsis of the Commission’s Notice of reference coordinates at 48–06–54 North Proposed Rule Making, MB Docket Nos. Latitude and 123–26–36 West 05–8, 05–9, 05–10, 05–11, 05–12, Longitude. Port Angeles is located FEDERAL COMMUNICATIONS adopted January 26, 2005 and released within 320 kilometers (199 miles) of the COMMISSION January 28, 2005. The full text of this U.S.-Canadian border. Canadian Commission decision is available for concurrence has been requested, as a 47 CFR Part 73 inspection and copying during regular specially negotiated short-spaced business hours at the FCC’s Reference allotment because the proposed Port [DA 05–77; MB Docket No. 05–8, RM–11142; Information Center, Portals II, 445 Angeles allotment is short-spaced to MB Docket No. 05–9, RM–11141; MB Docket Twelfth Street, SW., Room CY–A257, No. 05–10, RM–11140; MB Docket No. 05– Canadian Station CJJR–FM, Channel 11, RM–11144; MB Docket No. 05–12, RM– Washington, DC 20554. The complete 229C, Vancouver, BC and vacant 11145] text of this decision may also be Channel 230A at Port Renfrew, BC. purchased from the Commission’s The Audio Division requests Radio Broadcasting Services; duplicating contractor, Best Copy and Goldendale, WA, Ione, OR, Monument, Printing, Inc., 445 12th Street, SW., comment on a petition filed by Sutton OR, Port Angeles, WA, and Ty Ty, GA Room CY–B402, Washington, DC, Communications Company proposing 20054, telephone 1–800–378–3160 or the allotment of Channel 249A at Ty Ty, AGENCY: Federal Communications www.BCPIWEB.com. This document Georgia, as the community’s first local Commission. does not contain proposed information aural transmission service. Channel ACTION: Proposed rule. collection requirements subject to the 249A can be allotted to Ty Ty in Paperwork Reduction Act of 1995, compliance with the Commission’s SUMMARY: This document proposes five Public Law 104–13. In addition, minimum distance separation new allotments in Goldendale, WA, therefore, it does not contain any requirements with a site restriction of Ione, OR, Monument, OR, Port Angeles, proposed information collection burden 10.8 kilometers (6.7 miles) north to WA, and Ty Ty, Georgia. The Audio ‘‘for small business concerns with fewer avoid short-spacing to the application Division requests comment on a petition than 25 employees,’’ pursuant to the site of Station WDMG–FM, Channel filed by Klickitat Broadcasting Small Business Paperwork Relief Act of 250A, Ambrose, Georgia and license site proposing the allotment of Channel 2002, Public Law 107–198, see 44 U.S.C. of Station WRAK–FM, Channel 247C, 240A at Goldendale, Washington, as the 3506(c)(4). Bainbridge, Georgia. The reference community’s third local aural The Audio Division requests coordinates for Channel 249A at Ty Ty transmission service. Channel 240A can comments on a petition filed by are 31–34–01 North Latitude and 83– be allotted to Goldendale in compliance Klickitat Broadcasting proposing the 40–07 West Longitude. with the Commission’s minimum allotment of Channel 295A at Ione, distance separation requirements with a Provisions of the Regulatory Oregon, as the community’s first local Flexibility Act of 1980 do not apply to site restriction of 9.3 kilometers (5.8 aural transmission service. Channel miles) southeast to avoid a short-spacing this proceeding. Members of the public 295A can be allotted to Ione in should note that from the time a Notice to the license site of FM Station KXXO, compliance with the Commission’s Channel 241C, Olympia, Washington of Proposed Rule Making is issued until minimum distance separation the matter is no longer subject to and the application site of Channel requirements with a site restriction of 241C2 at Stanfield, Oregon. The Commission consideration or court 12.5 kilometers (7.8 miles) southwest to review, all ex parte contacts are reference coordinates for Channel 240A avoid a short-spacing to the license site prohibited in Commission proceedings, at Goldendale are 45–46–12 North of FM Station KEGX, Channel 293C, such as this one, which involve channel Latitude and 120–43–48 West Richland, Washington. The reference allotments. See 47 CFR 1.1204(b) for Longitude. See Supplementary coordinates for Channel 295A at Ione rules governing permissible ex parte Information, infra. are 45–24–46 North Latitude and 119– contact. DATES: Comments must be filed on or 55–21 West Longitude. before March 21, 2005, and reply The Audio Division requests For information regarding proper comments on or before April 5, 2005. comments on a petition filed by filing procedures for comments, see 47 ADDRESSES: Federal Communications Klickitat Broadcasting proposing the CFR 1.415 and 1.420. Commission, 445 Twelfth Street, SW., allotment of Channel 266A at List of Subjects in 47 CFR Part 73 Washington, DC. 20554. In addition to Monument, Oregon, as the community’s filing comments with the FCC, first local aural transmission service. Radio, Radio broadcasting. interested parties should serve the Channel 266A can be allotted to petitioner, his counsel, or consultant, as Monument in compliance with the For the reasons discussed in the follows: John J. McVeigh, Esq., c/o Commission’s minimum distance preamble, the Federal Communications Klickitat Broadcasting, 12101 Blue separation requirements at city Commission proposes to amend 47 CFR Paper Trail, Columbia, Maryland reference coordinates at 44–49–40 NL part 73 as follows: 21044–2787, John J. McVeigh, Esq., c/o and 119–25–12 WL. Plan 9 Broadcasting, 12101 Blue Paper The Audio Division requests PART 73—RADIO BROADCAST Trail, Columbia, Maryland 21044–2787 comment on a petition filed by Plan 9 SERVICES and Dan J. Alpert, c/o Sutton Broadcasting proposing the allotment of Communications Company, The Law Channel 229A at Port Angeles, 1. The authority citation for part 73 Office of Dan J. Alpert, 2120 N. 21st Washington as the community’s fifth continues to read as follows: Road, Arlington, Virginia 22201. local aural transmission service. Authority: 47 U.S.C. 154, 303, 334 and 336.

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§ 73.202 [Amended] by adding Ione, Channel 294A and by Federal Communications Commission. 2. Section 73.202(b), the Table of FM adding Monument, Channel 266A. John A. Karousos, 4. Section 73.202(b), the Table of FM Allotments under Georgia, is amended Assistant Chief, Audio Division, Media Allotments under Washington, is Bureau. by adding Ty Ty, Channel 249A. amended by adding Channel 240A at [FR Doc. 05–3063 Filed 2–16–05; 8:45 am] 3. Section 73.202(b), the Table of FM Goldendale and Port Angeles, Channel BILLING CODE 6712–01–P Allotments under Oregon, is amended 229A.

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Notices Federal Register Vol. 70, No. 32

Thursday, February 17, 2005

This section of the FEDERAL REGISTER Purpose: U.S. Agency for Beef Promotion and Research Board contains documents other than rules or International Development (USAID) is (Board). Organizations which have not proposed rules that are applicable to the making efforts to reduce the paperwork previously been certified that are public. Notices of hearings and investigations, burden. USAID invites the general interested in submitting nominations committee meetings, agency decisions and public and other Federal agencies to must complete and submit an official rulings, delegations of authority, filing of petitions and applications and agency take this oppportunity to comment on application form to AMS. Previously statements of organization and functions are the following proposed and/or certified organizations do not need to examples of documents appearing in this continuing information collections, as reapply. Notice is also given that section. required by the Paperwork Reduction vacancies will occur on the Board and Act for 1995. Comments are requested that during a period to be established, concerning: (1) Whether the proposed or nominations will be accepted from AGENCY FOR INTERNATIONAL continuing collections of information is eligible organizations and individual DEVELOPMENT necessary for the proper performance of importers. the functions of the agency, including DATES: Applications for certification Notice of Public Information whether the information shall have Collections Being Reviewed by the must be received by close of business practical utility; (b) the accuracy of the March 21, 2005. U.S. Agency for International burden estimates; (c) ways to enhance Development; Comments Requested the quality, utility, and clarity of the ADDRESSES: Certification form as well as copies of the certification and SUMMARY: U.S. Agency for International information collected; and (d) ways to minimize the burden of the collection of nomination procedures may be Development (USAID) is making efforts requested from Kenneth R. Payne, Chief; to reduce the paperwork burden. USAID information on the respondents, including the use of automated Marketing Programs Branch, LS, AMS, invites the general public and other USDA; STOP 0251—Room 2638–S; Federal agencies to take this collection techniques or other forms of information technology. 1400 Independence Avenue, SW.; opportunity to comment on the Washington, DC 20250–0251. The form following proposed and/or continuing Annual Reporting Burden: Respondents: 400. may also be found on the Internet at information collections, as required by Total Annual Responses: 1,100. http://www.ams.usda.gov/lsg/mpb/beef/ the Paperwork Reduction Act for 1995. Total Annual Hours Requested: LS–25fill.pdf. Comments are requested concerning: (a) 37,437 hours. FOR FURTHER INFORMATION CONTACT: Whether the proposed or continuing Dated: February 11, 2005. Kenneth R. Payne, Chief, Marketing collections of information is necessary Programs Branch at 202/720–1115. for the proper performance of the Joanne Paskar, SUPPLEMENTARY INFORMATION: functions of the agency, including Chief, Information and Records Division, The Beef whether the information shall have Office of Administrative Services, Bureau for Promotion and Research Act of 1985 practical utility; (b) the accuracy of the Management. (Act) (7 U.S.C. 2901 et seq.), enacted burden estimates; (c) ways to enhance [FR Doc. 05–3078 Filed 2–16–05; 8:45 am] December 23, 1985, authorizes the implementation of a Beef Promotion and the quality, utility, and clarity of the BILLING CODE 6116–01–M information collected; and (d) ways to Research Order (Order). The Order, as minimize the burden of the collection of published in the July 18, 1986, Federal information on the respondents, DEPARTMENT OF AGRICULTURE Register (51 FR 26132), provides for the including the use of automated establishment of a Board. The current collection techniques or other forms of Agricultural Marketing Service Board consists of 96 cattle producers information technology. and 8 importers appointed by USDA. [No. LS–05–01] The duties and responsibilities of the DATES: Submit comments on or before Board are specified in the Order. Beef Promotion and Research: April 18, 2005. The Act and the Order provide that Certification and Nomination for the FOR FURTHER INFORMATION CONTACT: USDA shall either certify or otherwise Cattlemen’s Beef Promotion and Beverly Johnson, Bureau for determine the eligibility of State cattle Research Board Management, Office of Administrative producer organizations or associations Services, Information and Records AGENCY: Agricultural Marketing Service, and general farm organizations, as well Division, U.S. Agency for International USDA. as any importer organizations or Development, Room 2.07–106, RRB, ACTION: Notice. associations to nominate members to the Washington, DC 20523, (202) 712–1365 Board to ensure that nominees represent or via e-mail [email protected]. SUMMARY: Notice is hereby given that the interests of cattle producers and SUPPLEMENTARY INFORMATION: the Department of Agriculture’s (USDA) importers. Nominations for importer OMB No.: OMB 0412–0510. Agricultural Marketing Service (AMS) is representatives may also be made by Form No.: N/A accepting applications from State cattle individuals who import cattle, beef, or Title: Administration of Assistance producer organizations or associations beef products. Persons who are Awards to U.S. Non-Governmental and general farm organizations, as well individual importers do not need to be Organizations—22 CFR 226 and USAID as cattle or beef importer organizations, certified as eligible to submit ADS Chapter 303. who desire to be certified to nominate nominations. When individual Type of Review: Renewal of producers or importers for appointment importers submit nominations, they Information Collection. to vacant positions on the Cattlemen’s must establish to the satisfaction of

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USDA that they are in fact importers of interested in being certified as eligible will be submitted to USDA for cattle, beef, or beef products, pursuant to nominate importers for appointment consideration as appointees to the to § 1260.143(b)(2) of the Order [7 CFR to the listed importer positions must Board. 1260.143(b)(2)]. Individual importers apply by the same date. Importers The information collection are encouraged to contact AMS at the should not use the application form but requirements referenced in this notice above address to obtain further should provide the requested have been previously approved by the information concerning the nomination information by letter as provided for in Office of Management and Budget process, including the beginning and 7 CFR 1260.540(b). Applications from (OMB) under the provisions of 44 ending dates of the established States or units without vacant positions U.S.C., Chapter 35 and have been nomination period and required on the Board and other applications not assigned OMB No. 0581–0093, except nomination forms and background received within the 30-day period after Board member nominee information information sheets. Certification and publication of this Notice in the Federal sheets are assigned OMB No. 0505– nomination procedures were Register will be considered for 0001. promulgated in the final rule, published eligibility to nominate producers or Authority: 7 U.S.C. 2901 et seq. in the April 4, 1986, Federal Register importers for subsequent vacancies on (51 FR 11557) and currently appear at the Board. Dated: February 14, 2005. 7 CFR 1260.500 through § 1260.640. Only those organizations or Kenneth C. Clayton, Organizations which have previously associations which meet the criteria for Acting Administrator, Agricultural Marketing been certified to nominate members to certification of eligibility promulgated at Service. the Board do not need to reapply for 7 CFR 1260.530 are eligible for [FR Doc. 05–3071 Filed 2–16–05; 8:45 am] certification to nominate producers and certification. Those criteria are: BILLING CODE 3410–02–P importers for the upcoming vacancies. (a) For State organizations or The Act and the Order provide that associations: the members of the Board shall serve for (1) Total paid membership must be DEPARTMENT OF AGRICULTURE terms of 3 years. The Order also requires comprised of at least a majority of cattle USDA to announce when a Board producers or represent at least a Animal and Plant Health Inspection vacancy does or will exist. The majority of cattle producers in a State or Service following States have one or more unit. [Docket No. 04–136–1] members whose terms will expire in (2) Membership must represent a early 2006: substantial number of producers who Notice of Request for Extension of produce a substantial number of cattle Approval of an Information Collection State or unit Number of in such State or unit. vacancies (3) There must be a history of stability AGENCY: Animal and Plant Health and permanency, and Inspection Service, USDA. Arkansas ...... 1 (4) There must be a primary or California ...... 1 ACTION: Extension of approval of an Colorado ...... 1 overriding purpose of promoting the information collection; comment Florida ...... 1 economic welfare of cattle producers. request. Idaho ...... 1 (b) For organizations or associations Kansas ...... 3 representing importers, the SUMMARY: In accordance with the Kentucky ...... 1 determination by USDA as to the Paperwork Reduction Act of 1995, this Missouri ...... 1 eligibility of importer organizations or notice announces the Animal and Plant Montana ...... 1 associations to nominate members to the Health Inspection Service’s intention to Nebraska ...... 2 Board shall be based on applications request an extension of approval of an New Mexico ...... 1 North Dakota ...... 1 containing the following information: information collection associated with Oklahoma ...... 2 (1) The number and type of members the Cooperative State-Federal Bovine Pennsylvania ...... 1 represented (i.e., beef or cattle Tuberculosis Eradication Program. South Dakota ...... 1 importers, etc.), DATES: We will consider all comments Texas ...... 5 (2) Annual import volume in pounds that we receive on or before April 18, Virginia ...... 1 of beef and beef products and/or the 2005. Importers ...... 5 number of head of cattle, (3) The stability and permanency of ADDRESSES: You may submit comments Since there are no anticipated the importer organization or association, by any of the following methods: vacancies on the Board for the (4) The number of years in existence, • EDOCKET: Go to http:// remaining States’ or units, nominations and www.epa.gov/feddocket to submit or will not be solicited from the certified (5) The names of the countries of view public comments, access the index organizations or associations in those origin for cattle, beef, or beef products listing of the contents of the official States or units. imported. public docket, and to access those Uncertified eligible producer All certified organizations and documents in the public docket that are organizations and general farm associations, including those that were available electronically. Once you have organizations in all States that are previously certified in the States or entered EDOCKET, click on the ‘‘View interested in being certified as eligible units having vacant positions on the Open APHIS Dockets’’ link to locate this to nominate cattle producers for Board, will be notified simultaneously document. appointment to the listed producer in writing of the beginning and ending • Postal Mail/Commercial Delivery: positions, must complete and submit an dates of the established nomination Please send four copies of your official ‘‘Application for Certification of period and will be provided with comment (an original and three copies) Organization or Association,’’ which required nomination forms and to Docket No. 04–136–1, Regulatory must be received by close of business background information sheets. Analysis and Development, PPD, March 21, 2005. Uncertified eligible The names of qualified nominees APHIS, Station 3C71, 4700 River Road importer organizations that are received by the established due date Unit 118, Riverdale, MD 20737–1238.

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Please state that your comment refers to effective means of controlling it. Federal Estimated annual number of Docket No. 04–136–1. regulations also provide for the payment responses per respondent: 7.762650427. Reading Room: You may read any of indemnity to owners of animals that Estimated annual number of comments that we receive on this must be destroyed because of responses: 53,539. docket in our reading room. The reading tuberculosis. Estimated total annual burden on room is located in room 1141 of the This program necessitates the use of respondents: 17,372 hours. (Due to USDA South Building, 14th Street and a number of information-gathering averaging, the total annual burden hours Independence Avenue SW., documents, including various forms may not equal the product of the annual Washington, DC. Normal reading room needed to properly identify, test, and number of responses multiplied by the hours are 8 a.m. to 4:30 p.m., Monday transport animals that have been reporting burden per response.) through Friday, except holidays. To be infected with tuberculosis, or that may All responses to this notice will be sure someone is there to help you, have been exposed to tuberculosis. We summarized and included in the request please call (202) 690–2817 before also employ national epidemiology for OMB approval. All comments will coming. forms for the purposes of recording, also become a matter of public record. Other Information: You may view reporting, and reviewing Done in Washington DC, this 11th day of APHIS documents published in the epidemiological data. Still other February 2005. Federal Register and related documents provide us with the Elizabeth E. Gaston, information on the Internet at http:// information we need to pay indemnity Acting Administrator, Animal and Plant www.aphis.usda.gov/ppd/rad/ to the owners of animals destroyed Health Inspection Service. webrepor.html. because of tuberculosis. The information provided by these [FR Doc. 05–3056 Filed 2–16–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: For BILLING CODE 3410–34–P information regarding the Cooperative documents is critical to our ability to State-Federal Bovine Tuberculosis locate herds infected with tuberculosis Eradication Program, contact Dr. and to prevent the interstate spread of DEPARTMENT OF AGRICULTURE Michael Dutcher, National Tuberculosis tuberculosis. The collection of this Program Coordinator, Eradication and information is therefore crucial to the Food Safety and Inspection Service success of the Cooperative State-Federal Surveillance Team, National Center for [Docket No. 02–046N] Animal Health Programs, VS, APHIS, Bovine Tuberculosis Eradication Program. 4700 River Road Unit 43, Riverdale, MD Generic E. coli and Salmonella We are asking the Office of 20737; (301) 734–5467. For copies of Baseline Results Management and Budget (OMB) to more detailed information on the approve our use of these information information collection, contact Mrs. AGENCY: Food Safety and Inspection collection activities for an additional 3 Celeste Sickles, APHIS’’ Information Service, USDA. years. Collection Coordinator, at (301) 734– ACTION: Notice. The purpose of this notice is to solicit 7477. comments from the public (as well as SUMMARY: The Food Safety and SUPPLEMENTARY INFORMATION: affected agencies) concerning our Inspection Service (FSIS) is making Title: Tuberculosis. information collection. These comments available and publishing the results of OMB Number: 0579–0084. will help us: baseline studies that it has conducted Type of Request: Extension of (1) Evaluate whether the collection of on generic Escherichia coli (E. coli) and approval of an information collection. information is necessary for the proper Salmonella. Although these studies Abstract: The Animal and Plant performance of the functions of the were conducted between 1997 and Health Inspection Service (APHIS) of Agency, including whether the 2000, FSIS has decided to make the the United States Department of information will have practical utility; results available because they may assist Agriculture is responsible for, among (2) Evaluate the accuracy of our inspected establishments in assessing other things, preventing the interstate estimate of the burden of the collection their processes. The publication of these spread of serious diseases and pests of of information, including the validity of baseline results does not affect the livestock, and for eradicating such the methodology and assumptions used; current generic E. coli criteria and diseases from the United States when (3) Enhance the quality, utility, and Salmonella standards listed in the feasible. clarity of the information to be regulations. In connection with this mission, collected; and APHIS participates in the Cooperative (4) Minimize the burden of the ADDRESSES: FSIS invites interested State-Federal Bovine Tuberculosis collection of information on those who persons to submit comments on these Eradication Program, which is a are to respond, through use, as baseline results. Comments may be national program to eliminate bovine appropriate, of automated, electronic, submitted by the following methods: tuberculosis from the United States. mechanical, and other collection • Mail, including floppy disks or CD– Bovine tuberculosis is a serious disease technologies; e.g., permitting electronic ROM’s, and hand-or courier-delivered of livestock that also affects humans submission of responses. items: Send to Docket Clerk, U.S. through contact with infected animals Estimate of burden: The public Department of Agriculture, Food Safety or their byproducts reporting burden for this collection of and Inspection Service, 300 12th Street, The Cooperative State-Federal Bovine information is estimated to average SW., Room 102 Cotton Annex, Tuberculosis Eradication Program is 0.324473748 hours per response. Washington, DC 20250. conducted under the various States’ Respondents: State animal health All submissions received must authorities supplemented by Federal protection personnel, accredited include the Agency name and docket regulations on the interstate movement veterinarians, livestock inspectors, number 02–046N. of affected animals. A concerted effort shippers, herd owners, and slaughter All comments submitted in response (State and Federal) requires that we establishment personnel. to this notice, as well as research and conduct epidemiologic investigations to Estimated annual number of background information used by FSIS in locate the disease and provide an respondents: 6,897. developing this document, will be

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available for public inspection in the collection as part of a statistical process Additional Baseline Results FSIS Docket Room at the address listed control (SPC) system (64 FR 66553, Nov. FSIS is making available the results of above between 8:30 a.m. and 4:30 p.m., 29, 1999). Establishments can sample baseline studies of generic E. coli and Monday through Friday. The comments young chicken or goose carcasses by the Salmonella that the Agency conducted also will be posted on the Agency’s Web rinse method of sample collection and over the past seven years but has not site at http://www.fsis.usda.gov/OPPDE/ can sample turkey carcasses for generic incorporated into regulations. These rdad/FRDockets.htm. E. coli by either the sponge or rinse baseline studies are the Nationwide FOR FURTHER INFORMATION CONTACT: For method. Because there are no existing Sponge Microbiological Baseline Data further information contact Daniel FSIS-established criteria for either goose Collection Programs for Young Engeljohn, Ph.D., Deputy Assistant or turkey carcasses, establishments must Chickens, November 1999–October Administrator for Office of Policy, use statistical process control 2000; Young Turkeys, July 1997–June Program and Employee Development, techniques to assess their processes. 1998; Goose, September–November FSIS, U.S. Department of Agriculture, Statistical process control initially 1997; Cattle, June 1997–May 1998; and Room 3147, South Building, 14th and involves evaluating data to determine Swine, June 1997–May 1998. FSIS is not Independence SW., Washington, DC process capability (the typical process proposing to use these baseline results 20250–3700; telephone (202) 205–0495, as performance standards because of fax (202) 401–1760. performance level), then checking subsequent data to see whether they are their age and because it intends to SUPPLEMENTARY INFORMATION: conduct new baseline studies in coming consistent with this baseline level to years. Nevertheless, FSIS believes that Background ensure the process is in control and publishing the results of these baseline variations are within normal and On July 25, 1996, FSIS published a studies, which have been used by the acceptable limits. The value of final rule, ‘‘Pathogen Reduction; Hazard Agency to evaluate trends, can serve as Analysis and Critical Control Point microbiological testing is not negated by a valuable support to an establishment’s (HACCP) Systems’’ (61 FR 38806). The the lack of national m and M criteria process control efforts. These results can final rule required that all against which to evaluate results. E. coli be used by establishments in assessing establishments slaughtering cattle, testing is intended to provide the effectiveness of their processes, swine, chickens, or turkeys test for verification of process control for fecal using their own test results. These generic E. coli at a frequency based on contamination within individual baselines are for use as guidance to production volume to verify that the establishments by use of a establishments and do not replace the plants are meeting the established microbiological measure rather than criteria and standards incorporated in performance criteria. The final rule also solely relying upon a visual observation the regulations (Title 9 CFR established pathogen reduction of carcasses for fecal contamination. 310.25(a)(5)(i), 310.25(b)(1), performance standards for Salmonella FSIS is responsible for conducting the 381.94(a)(5)(i), and 381.94(b)(1)). for certain slaughter establishments and Salmonella sampling program for Establishments using SPC may find this for establishments producing certain carcasses and raw product. The National guidance to be helpful in gauging their raw ground products. Advisory Committee on Microbiological process control. FSIS developed the criteria and Criteria for Foods (NACMCF) in its The generic E. coli results are for standards by conducting nationwide report of August 8, 2002 stated that cattle, swine, and goose carcasses baseline programs or surveys on Salmonella test results are useful sampled using the sponge method of different classes of product. While the measures of the level of process controls sample collection; for young chicken final rule provided generic E. coli (Final—Response to the Questions carcasses using the rinse method; and criteria and Salmonella standards for Posed by FSIS Regarding Performance for turkey carcasses using the sponge certain classes of product, the Agency Standards with Particular Reference to and rinse methods of sample collection committed to conducting additional Ground Beef Products). In addition, in (see Table 1). baseline studies to develop additional These results increase the number of the most recent report on broilers criteria and standards in the future. The product classes and sampling methods (adopted February 13, 2004), NACMCF term ‘‘baseline studies’’ covers both the for which baseline information is now FSIS Nationwide Microbiological said the following about E. coli and available. For example, for generic E. Baseline Data Collection Programs and broilers: ‘‘Escherichia coli has been coli, the results that FSIS is making its Nationwide Microbiological Surveys viewed by FSIS as a direct measure of available provide measures of process as referenced in the existing regulations. control of fecal contamination and, by control for cattle and swine production FSIS regulations require that all implication, Salmonella or other enteric using the sponge sampling method inspected slaughter establishments pathogens. However, recent information rather than the excision sampling conduct generic E. coli testing. FSIS has indicates that this may not be a valid method that was used in setting the PR/ established criteria for evaluating cattle assumption for E. coli in broilers. For HACCP Rule performance standards. and swine test results only from example, in broilers, its presence may Baseline E. coli information on turkeys samples collected by the excision also be a result of infectious process and and geese is being made available by the sampling method, which in commercial air sacculitis, in addition to fecal Agency for the first time, for both practice would unfortunately result in contamination’’ [Response To The sponge and rinse sampling methods. defacement of carcasses and economic Questions Posed By FSIS Regarding The baseline results include data for loss. Cattle and swine establishments, Performance Standards With Particular young chickens, using the rinse method, however, can meet their testing Reference To Broilers (Young Chickens), that are more recent than the data, also requirements by using the sponge p. 8]. FSIS therefore believes that broiler collected by the rinse method, that were method of sample collection as part of operations, in particular, should take available for the PR/HACCP Rule. a statistical process control system. into account increased levels of E. coli One way that baseline results being Sheep, goat, horse, and mule or other and ensure that fecal contamination and made available in this document can equine establishments are required to infectious process and air sacculitis are support or supplement an use the sponge method of sample not contributors. establishment’s process control efforts is

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through their use in tandem with SPC, at the time (62 FR 26219, May 13, 1997; Standard Deviations above a running as required by the PR/HACCP Rule, to 64 FR 66549, Nov. 29, 1999). These E. mean average. As a complement to such help define when a process may be out coli results can complement SPC by SPC criteria, the 80th and 98th of control. SPC for generic E. coli is providing establishments with an percentile results can be used as an required with products that were not additional measure of process control. additional ‘‘early warning’’ for taking represented in the PR/HACCP Rule by a For example, SPC principles require corrective action. performance standard, because no corrective action when sample results relevant baseline studies were available reach a certain threshold, such as three

TABLE 1.—GENERIC E. COLI BASELINE RESULTSa

Class of product Method 80th percentile 98th percentile

Cattle carcasses ...... sponge ...... 0.0 CFU/cm2 ...... 3.1 CFU/cm2 Swine carcasses ...... sponge ...... 0.46 CFU/cm2 ...... 400 CFU/cm2 Turkey carcasses ...... sponge ...... 7.8 CFU/cm2 ...... 190 CFU/cm2 Turkey carcasses ...... rinse ...... 89 CFU/ml ...... 1,700 CFU/ml Goose carcasses ...... sponge ...... 7.0 CFU/cm2 ...... 43 CFU/cm2 Young Chicken carcasses ...... rinse ...... 35 CFU/ml ...... 390 CFU/ml a The corresponding 80th and 98th percentile values for the previously published baseline studies were defined as the performance criteria m and M for generic E. coli. The criteria defined a marginal range of values in which no more than 3 out of 13 samples were allowed to fall.

The Salmonella baseline results are the regulations (9 CFR 310.25(b)(1) and Rule performance standards. Although for cattle, swine, young turkey, and 381.94(b)(1)). As with E. coli, the FSIS, rather than the industry, takes goose carcasses by sponge sampling, Salmonella baseline results provide new Salmonella samples under the and for young chickens by whole bird information for young turkeys and regulations, the Agency believes that rinse sampling (see Table 2). These geese, and more recent data for establishments can benefit from baseline results do not replace the categories of livestock carcasses that are comparing data obtained about their Salmonella standards incorporated in already partially covered by PR/HACCP processes to the national baseline data.

TABLE 2.—SALMONELLA BASELINE RESULTS

Maximum Baseline prev- Number of number of alence (per- samples to positives to Class of product Method cent postive test if imple- achieve if for salmonella) mented as a used as a standard standard

Young Turkey carcasses ...... sponge ...... 19.6 56 13 Goose carcasses ...... sponge ...... 13.7 54 9 Cattle carcasses ...... sponge ...... 1.2 68 1 Swine carcasses ...... sponge ...... 6.9 57 5 Young Chicken carcasses ...... rinse ...... 8.7 55 6

Additional Public Notification industry, trade, and farm groups, and have the option to password protect consumer interest groups, allied health their account. Public awareness of all segments of professionals, scientific professionals, rulemaking and policy development is Done at Washington, DC on February 7, and other individuals who have 2005. important. Consequently, in an effort to requested to be included. The update ensure that the public and in particular Barbara J. Masters, also is available on the FSIS web page. minorities, women, and persons with Through Listserv and the web page, Acting Administrator. disabilities, are aware of this notice, FSIS is able to provide information to a [FR Doc. 05–3030 Filed 2–16–05; 8:45 am] FSIS will announce it on-line through BILLING CODE 3410–DM–P the FSIS web page located at http:// much broader, more diverse audience. www.fsis.usda.gov/regulations/ In addition, FSIS offers an e-mail _ _ 2005 Notices Index/. subscription service which provides an DEPARTMENT OF AGRICULTURE FSIS also will make copies of this automatic and customized notification Federal Register publication available when popular pages are updated, Forest Service through the FSIS Constituent Update, including Federal Register publications which is used to provide information and related documents. This service is RIN 0596–AB93 regarding FSIS policies, procedures, available at http://www.fsis.usda.gov/ regulations, Federal Register notices, news_and_events/email_subscription/ Forest Service Outdoor Recreation FSIS public meetings, recalls, and other and allows FSIS customers to sign up Accessibility Guidelines and types of information that could affect or for subscription options across eight Integration of Direction on would be of interest to our constituents categories. Options range from recalls to Accessibility Into Forest Service and stakeholders. The update is export information to regulations, Manual 2330 communicated via Listserv, a free e-mail directives and notices. Customers can subscription service consisting of add or delete subscriptions themselves AGENCY: Forest Service, USDA.

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ACTION: Notice of proposed interim comment on a proposed interim full compliance with the Uniform directive; request for comment. directive to guide its employees Federal Accessibility Standard, the ABA regarding compliance with the Forest accessibility standards in place at that SUMMARY: The Forest Service is Service Trail Accessibility Guidelines time, to primitive and Congressionally proposing to issue an interim directive (FSTAG). designated wilderness areas. to guide its employees regarding The Architectural and Transportation compliance with the draft Forest Service DATES: Comments must be received in writing by April 18, 2005. Barriers Compliance Board (Access Outdoor Recreation Accessibility Board) is the agency responsible for ADDRESSES: Send written comments by Guidelines (FSORAG). The interim issuing accessibility guidelines for mail to USDA Forest Service, Attn: directive would ensure that new or newly constructed and altered facilities Director, Recreation and Heritage reconstructed developed outdoor subject to the ABA. The Forest Service Resources Staff, Mail Stop 1125, 1400 recreation areas on National Forest served on the Access Board’s Regulatory Independence Avenue, SW., System lands are developed to Negotiation Committee on Outdoor Washington, DC 20250–0003; by maximize accessibility, while Developed Areas (Reg Neg Committee). electronic mail to [email protected]; recognizing and protecting the unique In 1999, the Reg Neg Committee or by facsimile to (202) 205–1145. characteristics of the natural setting. proposed accessibility guidelines for The interim directive, to be issued to Comments also may be submitted by outdoor recreation facilities and trails. Forest Service Manual 2330, Publicly following the instructions at the Federal While awaiting the completion of the Managed Recreation Opportunities, e-Rulemaking portal, http:// rulemaking process for these guidelines, would direct that new or reconstructed www.regulations.gov. If comments are the Forest Service began developing outdoor developed recreation areas, sent by electronic means or by facsimile, internal guidelines for both trails and including campgrounds, picnic areas, the public is requested not to send outdoor recreation facilities that would beach access routes, and outdoor duplicate comments via regular mail. apply only within National Forest All comments, including names and recreation access routes, comply with System boundaries and that would these agency guidelines and applicable addresses when provided, will be comply with the public notice and Federal accessibility laws, regulations, placed in the record and will be comment process for Forest Service and guidelines. available for public inspection and directives pursuant to 36 CFR part 216. The Architectural and Transportation copying. The public may inspect This action was undertaken to meet the Barriers Compliance Board (Access comments received on this proposed agency’s need to provide a consistent Board) is preparing to publish for public interim directive in the Office of the and reliable method for determining comment proposed accessibility Director, Recreation and Heritage application and design of accessible guidelines for outdoor developed areas Resources Staff, USDA, Forest Service, outdoor recreation facilities and trails that would apply to Federal agencies 4th Floor-Central, Sidney R. Yates and is based on the Reg Neg subject to the Architectural Barriers Act. Federal Building, 201 14th Street, SW., Committee’s proposed guidelines. These The Forest Service will finalize the Washington DC, between 8:30 a.m. and internal guidelines incorporate the direction in this interim directive 4 p.m. on business days. Those wishing Forest Service’s terminology and regarding compliance with the FSORAG to inspect comments are encouraged to processes, and establish greater when the Access Board finalizes its call ahead at (202) 205–1706 to facilitate accessibility requirements for certain accessibility guidelines for outdoor entry into the building. areas. The Forest Service’s proposed developed areas. The final FSORAG FOR FURTHER INFORMATION CONTACT: guidelines are in two parts, the Forest would contain the Access Board’s final Janet Zeller, Recreation and Heritage Service Outdoor Recreation accessibility guidelines for outdoor Resources Staff, USDA, Forest Service, Accessibility Guidelines (FSORAG) and developed areas managed by Federal (202) 205–9597. the Forest Service Trail Accessibility agencies, as supplemented by the Forest SUPPLEMENTARY INFORMATION: Guidelines (FSTAG), both of which are Service to ensure the agency’s available at http://www.fs.fed.us/ Background continued application of universal recreation/programs/accessibility. design, as well as agency terminology Although the Forest Service is The Access Board plans to publish a and processes. committed to ensuring the accessibility notice of proposed rulemaking (NPRM) The America the Beautiful—The of agency facilities and programs in in the spring of 2005 seeking public National Parks and Federal Recreational order to serve all employees and comment on proposed accessibility Lands Pass established by the Federal visitors, as well as to comply with the guidelines for outdoor developed areas. Lands Recreation Enhancement Act Architectural Barriers Act of 1968 The NPRM will contain proposed replaced the Golden Access Passport (ABA) and Section 504 of the accessibility guidelines developed by authorized by the Land and Water Rehabilitation Act of 1973, agency the Reg Neg Committee, and will apply Conservation Fund Act. The proposed accessibility requirements for outdoor to Federal agencies subject to the ABA. interim directive would enumerate developed recreation areas have not The Forest Service is proposing to eligibility requirements for the new pass been integrated into the Forest Service issue an interim directive to Forest for people with permanent disabilities. Directives System. Service Manual (FSM) 2330, Publicly In addition, the proposed interim The ABA requires facilities that are Managed Recreation Opportunities, that directive would clarify existing internal designed, constructed, altered, or leased would require compliance with the agency procedures and policies related by, for, or on behalf of a Federal agency FSORAG. The FSORAG would apply to to the accessibility of outdoor developed to be accessible. To emphasize the need newly constructed or altered camping recreation areas. for accessibility guidelines for outdoor facilities, picnic areas, beach access Comments received in response to recreation areas, in 1993 the Forest routes, outdoor recreation access routes, this notice will be considered in Service developed Universal Access to and other constructed features, development of the final interim Outdoor Recreation, A Design Guide. including benches, trash and recycling directive. In a related notice published This guidebook blended accessibility containers, viewing areas at overlooks, elsewhere in this part of today’s Federal into the recreation opportunity telescopes and periscopes, mobility Register, the Forest Service is requesting spectrum, ranging from urban areas in device storage, pit toilets, warming huts,

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and outdoor rinsing showers in the design, as well as agency terminology 602 et seq.). It has been determined that National Forest System. and processes. this proposed interim directive would The FSORAG would maximize the In a related notice published not have a significant economic impact accessibility of outdoor developed elsewhere in this part of today’s Federal on a substantial number of small entities recreation areas for all people, while Register, the agency is requesting as defined by the act because the recognizing and protecting the unique comment on a proposed interim proposed interim directive would not characteristics of the natural setting of directive to guide its employees impose record-keeping requirements on each outdoor developed recreation area regarding compliance with the Forest them; it would not affect their within the National Forest System. The Service Trail Accessibility Guidelines competitive position in relation to large FSORAG would integrate the Forest (FSTAG), which would apply to entities; and it would not affect their Service policy of universal design to pedestrian hiking trails. The FSORAG cash flow, liquidity, or ability to remain ensure the development of programs and the FSTAG are both available in the market. The proposed interim and facilities to serve all people, to the electronically on the World Wide Web directive would establish accessibility greatest extent possible. Universal at http://www.fs.fed.us/recreation/ guidelines that would apply internally design requires that all new or programs/accessibility. Copies may also to the Forest Service and that would reconstructed facilities and associated be obtained by writing to USDA, Forest have no direct effect on small constructed features, rather than only a Service, Attn: Accessibility Program businesses. No small businesses have certain percentage of those facilities, be Manager, Recreation and Heritage been awarded contracts for construction accessible to all people. Universal Resources Staff, Mail Stop 1125, 1400 or reconstruction of recreation facilities design provides for the integration of all Independence Avenue, SW., covered by these accessibility people in outdoor developed recreation Washington, DC 20250–0003. guidelines. areas, without separate or segregated Regulatory Certifications No Takings Implications access for people with disabilities. In addition, the proposed interim directive Environmental Impact This proposed interim directive has been analyzed in accordance with the would clarify internal agency Section 31.1b of Forest Service principles and criteria contained in procedures and policies related to the Handbook (FSH) 1909.15 (57 FR 43180, Executive Order 12630. It has been accessibility of outdoor developed September 18, 1992) excludes from determined that this proposed interim recreation areas, including compliance documentation in an environmental directive would not pose the risk of a with the FSORAG. assessment or environmental impact taking of private property. Like the proposed accessibility statement ‘‘rules, regulations, or policies guidelines developed by the regulatory to establish Service-wide administrative Civil Justice Reform negotiation committee established by procedures, program processes, or This proposed interim directive has Access Board, the FSORAG establishes instructions.’’ The agency’s preliminary been reviewed under Executive Order only one level of accessibility for all conclusion is that this proposed interim 12988 on civil justice reform. After outdoor developed recreation areas. The directive falls within this category of adoption of this proposed interim FSORAG would provide for application actions and that no extraordinary directive, (1) all State and local laws of specific conditions of departure and circumstances exist which would and regulations that conflict with this exceptions, also contained in the require preparation of an environmental interim directive or that impede its full proposed accessibility guidelines assessment or environmental impact implementation would be preempted; developed by the regulatory negotiation statement. (2) no retroactive effect would be given committee established by the Access to this interim directive; and (3) it Board, when necessary to preserve the Regulatory Impact would not require administrative uniqueness of each recreation area and This proposed interim directive has proceedings before parties may file suit when application of the FSORAG would been reviewed under USDA procedures in court challenging its provisions. cause a change in the area’s setting. and Executive Order 12866 on Compliance with the FSORAG, regulatory planning and review. The Unfunded Mandates however, would not always result in Office of Management and Budget Pursuant to Title II of the Unfunded facilities that are accessible to all (OMB) has determined that the Mandates Reform Act of 1995 (2 U.S.C. persons with disabilities, because at accessibility guidelines portion of the 1531–1538), which the President signed some locations the natural environment proposed interim directive is not into law on March 22, 1995, the agency might prevent full compliance with economically significant because it has assessed the effects of this proposed some of the FSORAG’s technical would not have an annual economic interim directive on State, local, and provisions. impact of $100 million or more. Tribal governments and the private The Forest Service will work with the However, the accessibility guidelines sector. This proposed interim directive Access Board as it develops final portion of the proposed interim would not compel the expenditure of accessibility guidelines for outdoor directive was determined by OMB to be $100 million or more by any State, local, developed areas. The Forest Service will significant because of its relationship to or Tribal government or anyone in the finalize the direction in this interim the accessibility guidelines to be issued private sector. Therefore, a statement directive regarding compliance with the by the Access Board. Accordingly, this under section 202 of the act is not FSORAG when the Access Board proposed interim directive has been required. finalizes its accessibility guidelines for reviewed by OMB pursuant to Executive outdoor developed areas. The final Order 12866. The regulatory impact Federalism and Consultation and FSORAG will contain the Access analysis is available at http:// Coordination With Indian Tribal Board’s final accessibility guidelines for www.fs.fed.us/recreation/programs/ Governments outdoor developed areas managed by accessibility. The agency has considered this Federal agencies, as supplemented by Moreover, this proposed interim proposed interim directive under the the Forest Service to ensure the agency’s directive has been considered in light of requirements of Executive Order 13132 continued application of universal the Regulatory Flexibility Act (5 U.S.C. on federalism, and has made an

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assessment that the proposed interim directive. The asterisks indicate that parent These guidelines will be issued by the directive conforms with the federalism text direction unchanged by this proposed Architectural and Transportation principles set out in this Executive interim directive is not set out in this notice. Barriers Compliance Board (Access Order; would not impose any The full text of FSM 2330 is available Board) in 2005 and apply to outdoor electronically on the World Wide Web at developed areas managed by Federal compliance costs on the States; and http://www.fs.fed.us/im/directives. would not have substantial direct effects agencies subject to the Architectural on the States, the relationship between Forest Service Manual Barriers Act of 1968. When adopted as the Federal government and the States, standards by the General Services or the distribution of power and Chapter 2330—Publicly Managed Administration, they will apply to responsibilities among the various Recreation Opportunities outdoor developed areas managed by levels of government. Therefore, the 2330.1—Authority the Forest Service. agency has determined that no further 4. Rehabilitation Act of 1973, as assessment of federalism implications is See FSM 2301 for general authorities amended, sections 504 and 508 (29 necessary. on developing and managing Forest U.S.C. 794 and 794d). Section 504 of Moreover, this proposed interim Service recreation sites and facilities. this act (29 U.S.C. 794) prohibits Federal directive does not have Tribal For direction on authorities and agencies and recipients of Federal implications as defined by Executive technical guidelines related to financial assistance from discriminating Order 13175, ‘‘Consultation and accessibility of trails, see FSM 2353.01c. against any person with a disability. Coordination with Indian Tribal 2330.11—Recreation Fees Section 508 of this act (29 U.S.C. 794d) Governments,’’ and therefore advance requires that all electronic and The Federal Lands Recreation consultation with Tribes is not required. information technology purchased or Enhancement Act, Title VIII, Div. J., of developed by a Federal agency allow Energy Effects the Consolidated Appropriations Act for persons with disabilities to have access This proposed interim directive has 2005, Pub. L. 108–447, authorizes the to and use of the information and data been reviewed under Executive Order Forest Service to charge standard that is comparable to that provided to 13211 of May 18, 2001, Actions amenity recreation fees and expanded persons without disabilities. Concerning Regulations That amenity recreation fees at certain sites 5. Enforcement of Nondiscrimination Significantly Affect Energy Supply, or for certain recreational services and on the Basis of Disability in Programs or Distribution, or Use. It has been retain and spend revenues collected Activities of USDA (7 CFR parts 15e and determined that this proposed interim under the act without further 15b). The USDA regulations directive does not constitute a appropriation, in accordance with the implementing section 504 of the significant energy action as defined in provisions of the act. Rehabilitation Act as it applies to the Executive Order. 2330.12—Federal and Agency programs and activities conducted by Requirements for Accessibility of USDA are found at 7 CFR part 15e. The Controlling Paperwork Burdens on the USDA regulations implementing section Public Recreation Programs, Sites, and Facilities 504 of the Rehabilitation Act as it The information an applicant for an applies to USDA-assisted programs are America the Beautiful—The National Additional information regarding found at 7 CFR part 15b. These Parks and Federal Recreational Lands laws, regulations, standards, guidelines, provisions address program Pass would have to submit to document and publications relating to accessibility accessibility; requirements for eligibility for receiving the pass free of is available electronically on the World accessible programs in new, altered, or charge pursuant to Forest Service Wide Web at the Access Board’s Web existing facilities; accessibility Manual (FSM) 2331.21b, paragraph 4, site transition planning; accessible constitutes an information collection (http://www.access-board.gov) and at communication requirements; and requirement as defined by the the Forest Service’s Web site (http:// compliance procedures. Paperwork Reduction Act and its www.fs.fed.us/recreation/programs/ 6. Americans with Disabilities Act of implementing regulations at 5 CFR part accessibility). 1990 (ADA) (42 U.S.C. 12101 et seq.). 1320. Information collection 1. Architectural Barriers Act (ABA) of This act prohibits discrimination on the requirements require OMB approval 1968, as amended (42 U.S.C. 4151 et basis of disability by State or local before their adoption. This information seq.). This act requires that all facilities governments, public accommodations, collection requirement was approved by designed, constructed, altered, or leased and public transportation. The ADA OMB on December 22, 2003, and was by a Federal agency be accessible to does not apply to Federal agencies, with assigned OMB control number 0596– persons with disabilities. the exception of Title V, section 507c. 0173. 2. Architectural Barriers Act This section clarifies that the Accessibility Guidelines (36 CFR part Wilderness Act of 1964 is preeminent in Dated: February 11, 2005. 1191, Appendices C and D). These federally designated wilderness areas, Sally Collins, guidelines were issued by the contains a definition of a wheelchair, Acting Chief. Architectural and Transportation and states that a device that meets that Text of Proposed Interim Directive Barriers Compliance Board (Access definition can be used wherever foot Board) in 2004 and apply to buildings travel is permitted in federally Note: The Forest Service organizes its and facilities subject to the designated wilderness areas. directives system by alphanumeric codes and Architectural Barriers Act of 1968. 7. Forest Service Outdoor Recreation subject headings. Only those sections of the When adopted as standards by the Accessibility Guidelines (FSORAG). The FSM that are the subject of this notice are set General Services Administration, they FSORAG contains the accessibility out here. The intended audience for this guidelines for outdoor developed areas proposed interim direction is agency will apply to Forest Service buildings employees charged with management of and facilities. issued by the Architectural and Forest Service outdoor recreation facilities. 3. Architectural Barriers Act Transportation Barriers Compliance Only new and revised direction from FSM Accessibility Guidelines for Outdoor Board (Access Board), as supplemented 2330 is set out in the proposed interim Developed Areas (36 CFR part 1190). by the Forest Service to ensure the

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agency’s continued application of b. Eligibility. The Pass may be issued accessibility and design of recreation universal design, as well as agency free of charge only to citizens of, or programs, sites, and facilities. terminology and processes. The persons domiciled in, the United States * * * * * FSORAG is available electronically on who have been medically determined to [Paragraphs 4g and 4h are the World Wide Web at http:// be permanently disabled for purposes of unchanged.] www.fs.fed.us/recreation/programs/ section 7(20)(B)(i) of the Rehabilitation 5. Comply with the Forest Service accessibility. Copies may also be Act of 1973 (29 U.S.C. 705(20)(B)(i)) and Outdoor Recreation Accessibility obtained by writing to the Accessibility who apply for the Pass and provide Guidelines (FSORAG) (FSM 2330.12, Program Manager, Recreation and adequate documentation of a permanent para. 7): Heritage Resources Staff, Washington disability and citizenship or residency. a. When agency programs, sites, and Office. c. Requirements for Issuance. Issue facilities are not addressed in Federal * * * * * the Pass only to applicants who apply accessibility standards (FSM 2330.12, [FSM 2330.2 is unchanged.] in person and who sign the Pass in the para. 2 and 3) or presence of the issuing officer. Inform b. When the FSORAG establishes a 2330.3—Policy applicants that they are required to higher standard than Federal * * * * * provide one of the following forms of accessibility standards (FSM 2330.12, [Paragraphs 1–7 are unchanged.] documentation to establish proof of para. 2 and 3). 8. Ensure that all new or rehabilitated permanent disability: * * * * * facilities, sites, and programs comply (1) A document issued by a Federal [FSM 2333.1–2333.32 are unchanged.] with Federal and Forest Service agency providing Federal benefits, such accessibility guidelines and standards as the Veteran’s Administration, which 2333.33—Integrated Accessibility/ (FSM 2330.12, para. 1–7). Facilities, attests that the applicant has been Universal Design sites, and programs are to utilize medically determined to be eligible to Ensure that new or rehabilitated universal design (FSM 2330.5) to receive Federal benefits as a result of a recreation sites, facilities, and elements accommodate the abilities of all people, permanent disability. Other acceptable utilize universal design to accommodate to the greatest extent possible, including Federal agency documents include all people, to the greatest extent people with disabilities. proof of receipt of Social Security possible, including persons with * * * * * Disability Income (SSDI) or disabilities. Eliminate architectural [Paragraph 9 and exhibit 01 of FSM Supplemental Security Income (SSI); barriers that limit use or enjoyment of 2330.3 and FSM 2330.4–2330.42c are (2) A statement signed by a licensed recreation opportunities (FSM 2330.3, unchanged.] physician attesting that the applicant para. 8, and FSM 2333.03, para. 4f). has been medically determined to have 2330.5—Definitions * * * * * a permanent physical, mental, or [FSM 2333.34–2333.48 are Accessible. In compliance with the sensory impairment that severely limits unchanged.] Federal or Forest Service accessibility one or more major life activities, and guidelines and standards at the time of specifying the nature of the impairment; 2333.5—Design Criteria construction or alteration, whichever is (3) A document issued by a State Use the criteria in FSM 2333.51 higher. agency, such as a vocational through 2333.58 to determine need, Universal design. Designing programs rehabilitation agency, which attests that location, and type of recreation site and facilities so that all new or the applicant is eligible to receive improvements. reconstructed facilities and associated vocational rehabilitation agency benefits constructed features, rather than only a or services as a result of medically 2333.51—Toilets certain percentage of those facilities, are determined permanent disability. 1. Locate toilets conveniently; the accessible to all people, thereby Showing a State motor vehicle maximum distance a user should have providing for the integration of all department disability sticker, license to travel to a toilet is 500 feet. people in outdoor developed recreation plate, or hang tag is not acceptable 2. Provide a sufficient number of areas, without separate or segregated documentation for purposes of toilets. As a general rule, provide one access for people with disabilities. obtaining the Pass; toilet for every 35 persons. * * * * * (4) A signed Statement of Disability 3. Design each toilet to prevent [FSM 2331–2331.21a, paragraph 3, are on Forest Service Form FS–2300–42. unsanitary conditions and pollution unchanged.] * * * * * with a minimum of maintenance and to (FSM 2331.21c–2332.5 are comply with FSM 2330.3, paragraph 8, 2331.21b—Recreation Passes unchanged.] and FSM 2333.03, paragraph 4f. The 4. America the Beautiful—The design narrative must address the type 2333—Site and Facility Planning and National Parks and Federal of toilet facility desirable for a particular Design Recreational Lands Pass. site. In determining the type of toilet a. Privileges. The America the The direction in this section applies facility to install, consider initial cost, Beautiful—The National Parks and to all Federal recreation sites and future operation and maintenance costs, Federal Recreational Lands Pass (Pass) facilities on National Forest System accessibility, and the recreation is a lifetime, nontransferable pass that lands. opportunity spectrum class of the site allows the holder to use any National 2333.03—Policy (FSM 2330.3, ex.01). Forest System lands for which a standard amenity recreation fee is * * * * * 2333.52—Recreational Vehicle Sanitary charged in accordance with the Federal [Paragraphs 1–4e are unchanged.] Stations and Waste Water Disposal Lands Recreation Enhancement Act 4. Design and install facilities that are: Design and install Forest Service (Title VIII, Div. J, of the Consolidated f. In compliance with the authorities recreational vehicle (RV) dump stations Appropriations Act for 2005, Pub. L. at FSM 2330.12 setting out Federal and only where there is environmental 108–447). agency requirements related to the pollution from indiscriminate roadside

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dumping by persons using Forest [FSM 2333.6–2334.22 are unchanged.] with the FSORAG (FSM 2330.12, para. Service facilities and/or where 7, FSM 2330.3, para. 8, and FSM 2334.23—Parking Areas and Spurs commercial RV dump stations are not 2333.03, para. 4f). available within a reasonable driving Each campground unit must be served 2. RV Camping Units. The parking distance. Encourage the private sector to by a parking spot or spur that allows spur is the focal point of use for RV develop these facilities, and provide the safe vehicle parking off the main camping units. Provide at least 210 private sector with every opportunity to campground loop road. The last 25 feet square feet of usable camping space next do so before the Forest Service develops of each parking spur should be level, to the spur. them. Gray water collection and except for the 1-to-2-percent slope a. RV camping units should include a handling systems may be provided on- necessary for drainage, and as close to parking spur that is at least 50 feet long site when necessary to prevent the natural grade as possible. Parking or a pull-through spur, a picnic table, environmental pollution. Comply with spurs required to be accessible shall and a stove, grill, or fire ring. Parking the accessibility requirements for such comply with section 5.0 of the Forest and all camping unit elements shall facilities (FSM 2330.12, para. 7, FSM Service Outdoor Recreation comply with the FSORAG (FSM 2330.3, para. 8, and FSM 2333.03, para. Accessibility Guidelines (FSORAG) and 2330.12, para. 7, FSM 2330.3, para. 8, 4f). other applicable authorities set out at and FSM 2333.03, para. 4f). FSM 2330.12, paragraph 7, FSM 2330.3, b. Where feasible and appropriate to 2333.53—Refuse and Garbage Disposal paragraph 8, and FSM 2333.03, the setting, the remaining parking spurs Provide adequate numbers of paragraph 4f. not included in figure 5.1 of the receptacles, and position them to 2334.24—Water Access Facilities FSORAG (FSM 2330.12, para. 7, FSM facilitate litter control. Large, 2330.3, para. 8, and FSM 2333.03, para. centralized containers or clusters of Install facilities for boat moorings 4f) should be at least 16 feet wide. containers are usually more cost- when campgrounds and picnic grounds * * * * * effective than scattered small are accessible only by boats and when [FSM 2334.26, paragraph 3, is containers; use large or clustered lake bottom and shoreline unchanged.] containers where practical. Comply characteristics do not permit boats to be with the accessibility requirements for drawn up safely on the beach for short- 2334.27—Picnic Units such receptacles and containers (FSM term or overnight storage. Boat moorings A standard single picnic unit consists 2330.3, para. 8, and FSM 2333.03, para. consisting of docks, piers, jetties, or tie- of one picnic table and, in some cases, 4f). up anchorages located along the shore a stove, grill, or fireplace. All site shall be in compliance with Federal and 2333.54—Drinking Water furnishings provided in picnic units Forest Service boating and fishing shall comply with the FSORAG (FSM All water facilities where water is accessibility guidelines (FSM 2330.3, 2330.12, para. 7, FSM 2330.3, para. 8, intended for human consumption must para. 8, and FSM 2333.03, para. 4f). and FSM 2333.03, para. 4f). Some of the meet the standards in FSM 7421, FSM * * * * * sites may be provided with 16-foot 2330.3, paragraph 8, and FSM 2333.03, [FSM 2334.25 is unchanged.] stationary tables to accommodate two- paragraph 4f. 2334.26—Camping Units family use. Space picnic units to permit * * * * * privacy and prevent overuse. [FSM 2333.55–2333.56 are A standard camping unit consists of a unchanged.] table, fire grill or ring, parking spur, and 2334.28—Group Campgrounds and space for a tent or expansion space to Picnic Grounds 2333.57—Convenience Facilities accommodate a recreational vehicle. * * * * * Convenience facilities serve as a Locate units at least 25 feet from the [The unnumbered introductory source of comfort to forest visitors, edge of the campground road and at paragraph and paragraph 1 are rather than meeting their health and least 100 feet from lakes, streams, unchanged.] safety needs or protecting resources. toilets, and main roads. 2. Cooking Facilities. Provide each Design and install convenience facilities Camping units must provide for use of site or component in a group to be suitable for the site where they the maximum variety of camping campground or picnic area with a large, will be located and the use they will equipment without separate loops or open fire grill. A food preparation table receive. FSM 2330.3, exhibit 01, areas for tent or recreational vehicle use, may be needed in most group displays the types of convenience except where local terrain or patterns of campgrounds, and a food service table facilities normally provided, depending use indicate that segregation is practical is needed in both group campgrounds on the planned recreation opportunity and desirable. All site furnishings and picnic areas. All site furnishings spectrum class and development scale. provided in camping units shall comply provided in group use sites shall Facilities must comply with FSM with the Forest Service Outdoor comply with the FSORAG (FSM 2330.3, paragraph 8, and FSM 2333.03, Recreation Accessibility Guidelines 2330.12, para. 7, FSM 2330.3, para. 8, paragraph 4f. (FSORAG) (FSM 2330.12, para. 7, FSM and FSM 2333.03, para. 4f ). 2333.58—Information Facilities 2330.3, para. 8, and FSM 2333.03, para. * * * * * 4f). [The text from paragraph 3 of FSM Install signs and posters where 1. Tent Camping Units. Tent camping 2334.28 through FSM 2334.33 are necessary or helpful to visitors, but keep units are appropriate where terrain unchanged.] them to a minimum. Provide bulletin restrictions preclude development of a boards at a central location for rules, spur to accommodate recreational 2334.34—Special Public Services regulations, time limits, and other vehicles (RVs). The parking spur is not In general, do not permit stores, special information. Information the focal point of use. A tent camping restaurants, and other commercial facilities shall comply with FSM 2330.3, unit normally should include a 30-foot developments within campgrounds and paragraph 8, and FSM 2333.03, parking spur, 12-by-16-foot, level tent picnic grounds. If the public requires paragraph 4f. pad, table, and fireplace. Parking and all special services, such as equipment * * * * * tent camping elements shall comply rental (for example, rental of boats,

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bathing suits, or towels), clothes lockers, DEPARTMENT OF AGRICULTURE Service Outdoor Recreation or shuttle transportation, they may be Accessibility Guidelines (FSORAG). authorized under a special use Forest Service DATES: Comments must be received in authorization (FSM 2343.7). Before RIN 0596–AB92 writing by April 18, 2005. these services are authorized, a ADDRESSES: Send written comments by determination shall be made that there Forest Service Trail Accessibility mail to USDA Forest Service, Attn: is a need for them that cannot be met Guidelines and Integration of Direction Director, Recreation and Heritage on nearby private lands, that it would be on Accessibility Into Forest Service Resources Staff, Mail Stop 1125, 1400 financially viable to provide these Manual 2350 Independence Avenue, SW., services, and that they can be furnished AGENCY: Forest Service, USDA. Washington, DC 20250–0003; by electronic mail to [email protected]; or at reasonable rates. If facilities are ACTION: Notice of proposed interim by facsimile to (202) 205–1145. provided, they shall comply with FSM directive; request for comment. 2330.3, paragraph 8, and FSM 2333.03, Comments also may be submitted by paragraph 4f. SUMMARY: The Forest Service is following the instructions at that Federal e-Rulemaking portal, http:// * * * * * proposing to issue an interim directive to guide its employees regarding www.regulations.gov. If comments are [FSM 2334.35 is unchanged.] compliance with the Forest Service sent by electronic means or by facsimile, the public is requested not to send 2335—Development of Sites Other Than Trail Accessibility Guidelines (FSTAG). duplicate comments via regular mail. Campgrounds and Picnic Areas The interim directive would ensure that new or altered trails managed for All comments, including names and 2335.1—Boating Sites pedestrian use on National Forest addresses when provided, will be System lands are developed to placed in the record and will be Develop suitable boating sites along maximize accessibility for all people, available for public inspection and lakes, reservoirs, and rivers primarily to including people with disabilities, copying. The public may inspect launch boats. Sites may also offer while recognizing and protecting the comments received on this proposed boating services, including mooring unique characteristics of the natural interim directive in the Office of the space, repair services, boat rental, and setting of each trail. The interim Director, Recreation and Heritage the sale of gasoline, oil, and directive, to be issued to Forest Service Resources Staff, USDA, Forest Service, miscellaneous items. When these types Manual 2350, Trail, River, and Similar 4th Floor-Central, Sidney R. Yates of services are desirable, allow Recreation Opportunities, would direct Federal Building, 201 14th Street, SW., concessionaires to provide them under that these trails comply with the FSTAG Washington, DC, between 8:30 a.m. and a special use authorization (FSM 2343.2 and applicable Federal laws, 4 p.m. on business days. Those wishing and 2721.52). Facilities that are regulations, and guidelines. The interim to inspect comments are encouraged to provided shall comply with the Federal directive also would incorporate the call ahead at (202) 205–1706 to facilitate and Forest Service accessibility definition of a wheelchair and clarify entry into the building. guidelines for boating and fishing (FSM that a mobility device meeting this FOR FURTHER INFORMATION CONTACT: 2330.3, para. 8, and FSM 2333.03, para. definition may be used anywhere foot Janet Zeller, Recreation and Heritage 4f). travel is permitted. In addition, the Resources Staff, USDA, Forest Service, interim directive would clarify existing (202) 205–9597. 2335.11—Design internal agency procedures and policies SUPPLEMENTARY INFORMATION: * * * * * related to the accessibility of trails. The Architectural and Transportation Background [Paragraphs 1–5 are unchanged.] Barriers Compliance Board (Access Although the Forest Service is 6. Design facilities in accordance with Board) is preparing to publish for public committed to ensuring the accessibility FSM 2330.3, paragraph 8, and FSM comment proposed accessibility of agency facilities and programs in 2333.03, paragraph 4f. guidelines for outdoor developed areas order to serve all employees and * * * * * that would apply only to Federal visitors, as well as to comply with the agencies subject to the Architectural Architectural Barriers Act of 1968 [FSM 2335.12–2335.13 and the Barriers Act. The Forest Service will (ABA) and Section 504 of the unnumbered paragraph in FSM 2335.2, finalize the direction in this interim Rehabilitation Act of 1973, agency Swimming Sites, are unchanged.] directive regarding compliance with the accessibility requirements for outdoor 2335.21—Design FSTAG when the Access Board finalizes recreation areas have not been its accessibility guidelines for outdoor integrated into the Forest Service 5. Ensure that new or reconstructed developed areas. The final FSTAG Directives System. beach access routes comply with the would contain the Access Board’s final The ABA requires facilities that are beach access routes section of the accessibility guidelines for outdoor designed, constructed, altered, or leased FSORAG (FSM 2330.12, para. 7, and developed areas managed by Federal by, for, or on behalf of a Federal agency FSM 2333.03, para. 4f). agencies, as supplemented by the Forest to be accessible. To emphasize the need Service. for accessibility guidelines for outdoor * * * * * Comments received in response to recreation areas, in 1993 the Forest [The remainder of the chapter (FSM this notice will be considered in Service developed Universal Access to 2335.22–2336) is unchanged.] development of the final interim Outdoor Recreation, A Design Guide. [FR Doc. 05–3069 Filed 2–16–05; 8:45 am] directive. In a related notice published This guidebook blended accessibility elsewhere in this part of today’s Federal into the recreation opportunity BILLING CODE 3410–11–P Register, the Forest Service is requesting spectrum, ranging from urban areas in comment on a proposed interim full compliance with the Uniform directive to guide its employees Federal Accessibility Standard, the ABA regarding compliance with the Forest accessibility standards in place at that

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time, to primitive and Congressionally related to the accessibility of outdoor 1125, 1400 Independence Avenue, SW., designated wilderness areas. recreation areas. Washington, DC 20250–0003. The Access Board is the agency Application of the FSTAG would Regulatory Certifications responsible for issuing accessibility ensure that the full range of trail guidelines for newly constructed and opportunities continue to be provided, Environmental Impact altered facilities subject to the ABA. The from primitive long-distance trails to Section 31.1b of Forest Service Forest Service served on the Access highly developed trails to popular Handbook (FSH) 1909.15 (57 FR 43180, Board’s Regulatory Negotiation scenic overlooks. All Forest Service trail September 18, 1992) excludes from Committee on Outdoor Developed Areas classes would remain intact. documentation in an environmental (Reg Neg Committee). In 1999, the Reg The FSTAG would provide for the assessment or environmental impact Neg Committee proposed accessibility specific conditions of departure and statement ‘‘rules, regulations, or policies guidelines for outdoor recreation exceptions, also contained in the to establish Service-wide administrative facilities and trails. While awaiting the proposed accessibility guidelines procedures, program processes, or completion of the rulemaking process developed by the regulatory negotiation instructions.’’ The agency’s preliminary for these guidelines, the Forest Service committee established by the Access conclusion is that this proposed interim began developing internal guidelines for Board, when necessary to preserve the directive falls within this category of both trails and outdoor recreation uniqueness of each trail or when actions and that no extraordinary facilities that would apply only within application of the accessibility circumstances exist which would National Forest System boundaries and standards would cause a change in the require preparation of an environmental that would comply with the public trail’s setting or in the purpose or assessment or environmental impact notice and comment process for Forest function for which the trail was statement. Service directives pursuant to 36 CFR designed. In all likelihood this means part 216. This action was undertaken to most existing primitive trails would not Regulatory Impact meet the agency’s need to provide a be subject to the FSTAG. However, the This proposed interim directive has consistent and reliable method for FSTAG could apply to portions of these been reviewed under USDA procedures determining application and design of trails where they pass through a more and Executive Order 12866 on accessible outdoor recreation facilities urban area. The FSTAG contains regulatory planning and review. The and trails and is based on the Reg Neg exceptions that would prevent Office of Management and Budget Committee’s proposed guidelines. These accessibility from being pointlessly (OMB) has determined that the internal guidelines incorporate the applied piecemeal throughout a trail accessibility guidelines portion of the Forest Service’s terminology and when access between segments is not proposed interim directive is not processes, and establish greater possible, and requires providing economically significant because it accessibility requirements for certain accessibility to special features where would not have an annual economic areas. The Forest Service’s proposed possible. impact of $100 million or more. guidelines are in two parts, the Forest The Forest Service will work with the However, the accessibility guidelines Service Outdoor Recreation Access Board as it develops final portion of the proposed interim Accessibility Guidelines (FSORAG) and accessibility guidelines for outdoor directive was determined by OMB to be the Forest Service Trail Accessibility developed areas. The Forest Service will significant because of its relationship to Guidelines (FSTAG), both of which are finalize the direction in this interim the accessibility guidelines to be issued available at http://www.fs.fed.us/ directive regarding compliance with the by the Access Board. Accordingly, this recreation/programs/accessiblity. FSTAG when the Access Board finalizes proposed interim directive has been The Access Board plans to publish a its accessibility guidelines for outdoor reviewed by OMB pursuant to Executive notice of proposed rulemaking (NPRM) developed areas. The final FSTAG will Order 12866. The regulatory impact in the spring of 2005 seeking public contain the Access Board’s final analysis is available at http:// comment on proposed accessibility accessibility guidelines for outdoor www.fs.fed.us/recreation/programs/ guidelines for outdoor developed areas, developed areas managed by Federal accessibility. including trails. The NPRM will contain agencies, as supplemented by the Forest Moreover, this proposed interim proposed accessibility guidelines Service to ensure the agency’s directive has been considered in light of developed by the Reg Neg Committee, continued application of universal the Regulatory Flexibility Act (5 U.S.C. and will apply to Federal agencies design, as well as agency terminology 602 et seq.). It has been determined that subject to the ABA. and processes. this proposed interim directive would The Forest Service is proposing to In a related notice published not have a significant economic impact issue an interim directive to Forest elsewhere in this part of today’s Federal on a substantial number of small entities Service Manual (FSM) 2350, Trail, Register, the agency is requesting as defined by the act because the River, and Similar Recreation comment on a proposed interim proposed interim directive would not Opportunities, that would provide directive to guide its employees impose recordkeeping requirements on direction for maximizing the regarding compliance with the them; it would not affect their accessibility of new or altered trails FSORAG, which would apply to new or competitive position in relation to large managed for pedestrian use within the reconstructed outdoor developed entities; and it would not affect their National Forest System, while recreation areas. The FSTAG and the cash flow, liquidity, or ability to remain recognizing and protecting the unique FSORAG are both available in the market. The proposed interim characteristics of the natural setting of electronically on the World Wide Web directive would establish accessibility each trail. In addition, the interim at http://www.fs.fed.us/recreation/ guidelines that would apply internally directive would define a wheelchair or programs/accessibility. Copies also may to the Forest Service and that would mobility device; would define an all- be obtained by writing to the USDA, have no direct effect on small terrain vehicle and an off-highway Forest Service, Attn: Accessibility businesses. No small businesses have vehicle; and would clarify internal Program Manager, Recreation and been awarded contracts for construction agency procedures and existing policies Heritage Resources Staff, Mail Stop or reconstruction of recreation facilities

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covered by these accessibility Governments,’’ and therefore advance [FSM 2352–2352.1 are unchanged.] guidelines. consultation with Tribes is not required. 2353—National Forest System Trails No Takings Implications Energy Effects 2353.01—Authority This proposed interim directive has This proposed interim directive has See FSM 2350.1 for general been analyzed in accordance with the been reviewed under Executive Order authorities on developing and managing principles and criteria contained in 13211 of May 18, 2001, Actions trails. For the authorities and technical Executive Order 12630. It has been Concerning Regulations That guidelines related to the accessibility of determined that this proposed interim Significantly Affect Energy Supply, trails, see FSM 2353.01c. directive would not pose the risk of a Distribution, or Use. It has been taking of private property. determined that this proposed interim * * * * * directive does not constitute a [FSM 2353.01–2353.01b are Civil Justice Reform significant energy action as defined in unchanged.] This proposed interim directive has the Executive Order. 2353.01c—Federal and Agency been reviewed under Executive Order Requirements for Accessibility of Trails 12988 on civil justice reform. After Controlling Paperwork Burdens on the adoption of this proposed interim Public For related direction on the directive, (1) all State and local laws This proposed interim directive does authorities for the accessibility of and regulations that conflict with this not contain any recordkeeping or recreation programs, sites, and facilities, interim directive or that impede its full reporting requirements or other see FSM 2330.12. implementation would be preempted; information collection requirements as 1. Architectural Barriers Act (ABA) of (2) no retroactive effect would be given defined in 5 U.S.C. part 1320 that are 1968, as amended (42 U.S.C. 4151 et to this interim directive; and (3) it not already required by law or not seq.). This act requires that all facilities would not require administrative already approved for use. Accordingly, designed, constructed, altered, or leased proceedings before parties may file suit the review provisions of the Paperwork by a Federal agency be accessible to in court challenging its provisions. Reduction Act of 1995 (44 U.S.C. 3501 persons with disabilities. et seq.) and its implementing 2. Architectural Barriers Act Unfunded Mandates regulations at 5 CFR part 1320 do not Accessibility Guidelines (36 CFR part Pursuant to Title II of the Unfunded apply. 1191, Appendices C and D). These Mandates Reform Act of 1995 (2 U.S.C. guidelines were issued by the Dated: February 11, 2005. 1531–1538), which the President signed Architectural and Transportation into law on March 22, 1995, the agency Sally Collins, Barriers Compliance Board (Access has assessed the effects of this proposed Acting Chief. Board) in 2004 and apply to buildings interim directive on State, local, and Text of Proposed Interim Directive and facilities subject to the Tribal governments and the private Architectural Barriers Act of 1968. sector. This proposed interim directive Note: The Forest Service organizes its When adopted as standards by the would not compel the expenditure of directives system by alphanumeric codes and General Services Administration, they $100 million or more by any State, local, subject headings. Only those sections of the will apply to Forest Service buildings or Tribal government or anyone in the Forest Service Manual (FSM) that are the and facilities. subject of this notice are set out here. The private sector. Therefore, a statement 3. Architectural Barriers Act intended audience for this proposed interim Accessibility Guidelines for Outdoor under section 202 of the act is not direction is agency employees charged with required. the management of trails on National Forest Developed Areas (36 CFR part 1190). System lands. Only new and revised These guidelines will be issued by the Federalism and Consultation and direction from FSM 2350 is set out in the Architectural and Transportation Coordination With Indian Tribal proposed interim directive. The asterisks Barriers Compliance Board (Access Governments indicate that parent text direction unchanged Board) in 2005 and apply to outdoor The agency has considered this by this proposed interim directive is not set developed areas, including trails, proposed interim directive under the out in this notice. The full text of the current managed by Federal agencies subject to requirements of Executive Order 13132 FSM 2350 is available electronically on the the Architectural Barriers Act of 1968. World Wide Web at http://www.fs.fed.us/im/ on federalism, and has made an directives. When adopted as standards by the assessment that the proposed interim General Services Administration, they directive conforms with the federalism Forest Service Manual will apply to outdoor developed areas, principles set out in this Executive including trails, managed by the Forest Order; would not impose any Chapter 2350—Trail, River, and Similar Service. compliance costs on the States; and Recreation Opportunities 4. Rehabilitation Act of 1973, as would not have substantial direct effects * * * * * amended, Sections 504 and 508 (29 on the States, the relationship between [The uncoded introductory paragraph U.S.C. 794 and 794d). Section 504 of the Federal government and the States, to this Chapter and FSM 2350.2 are this act (29 U.S.C. 794) prohibits Federal or the distribution of power and unchanged.] agencies and recipients of Federal responsibilities among the various financial assistance from discriminating 2350.3—Policy levels of government. Therefore, the against any person with a disability. agency has determined that no further * * * * * Section 508 of this act (29 U.S.C. 794d) assessment of federalism implications is [Paragraphs 1–6 are unchanged.] requires that all electronic and necessary. 7. Comply with the FSTAG (FSM information technology purchased or Moreover, this proposed interim 2353.01c, para. 7) when the FSTAG developed by a Federal agency allow directive does not have Tribal establishes a higher standard for trails persons with disabilities to have access implications as defined by Executive than Federal accessibility standards to and use of the information and data Order 13175, ‘‘Consultation and (FSM 2353.01c, para 3). that is comparable to that provided to Coordination With Indian Tribal * * * * * persons without disabilities.

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5. Enforcement of Nondiscrimination Federal accessibility standards (FSM that is designed solely for use by a on the Basis of Disability in Programs or 2353.01c, para. 2 and 3). mobility-impaired person for Activities of USDA (7 CFR parts 15e and * * * * * locomotion, and that is suitable for use 15b). The USDA regulations [FSM 2353.04–2353.04g and FSM in an indoor pedestrian area. implementing section 504 of the 2353.05, paragraphs 1–9, are 9. Off-Highway Vehicle (OHV). Any Rehabilitation Act as it applies to unchanged.] motor vehicle designed for or capable of programs and activities conducted by cross-country travel on or immediately USDA are found at 7 CFR part 15e. The 2353.05—Definitions over land, water, sand, snow, ice, USDA regulations implementing section 10. Wheelchair or Mobility Device. A marsh, swampland, or other natural 504 of the Rehabilitation Act as it device, including one that is battery- terrain. applies to USDA-assisted programs are powered, that is designed solely for use * * * * * found at 7 CFR part 15b. These by a mobility-impaired person for 13. Wheelchair or Mobility Device. provisions address program locomotion, and that is suitable for use See the definition at FSM 2353.05, accessibility; requirements for in an indoor pedestrian area. A person paragraph 10. accessible programs in new, altered, or whose disability requires use of a * * * * * existing facilities; accessibility wheelchair or mobility device may use [The remainder of the chapter (FSM transition planning; accessible a wheelchair or mobility device that 2355.11–2356.6) is unchanged.] communication requirements; and meets this definition anywhere foot compliance procedures. travel is permitted (Title V, sec. 507c, of [FR Doc. 05–3068 Filed 2–16–05; 8:45 am] 6. Americans With Disabilities Act of the ADA). BILLING CODE 3410–11–P 1990 (ADA) (42 U.S.C. 12101 et seq.). * * * * * This act prohibits discrimination on the [FSM 2353.1–2353.26 are unchanged.] basis of disability by State or local DEPARTMENT OF COMMERCE governments, public accommodations, 2353.27—Accessibility and public transportation. The ADA Ensure that all new or reconstructed Submission for OMB Review; does not apply to Federal agencies, with trails comply with Federal and Forest Comment Request the exception of Title V, section 507c. Service accessibility guidelines and The Department of Commerce has This provision clarifies that the standards for trails managed for submitted to the Office of Management Wilderness Act of 1964 is preeminent in pedestrian use (FSM 2353.01c, para. 1– and Budget (OMB) for clearance the federally designated wilderness areas, 7). The FSTAG applies to trails managed following proposal for collection of contains a definition of a wheelchair, for pedestrian use when the FSTAG information under the provisions of the and states that a device that meets that establishes a higher standard for those Paperwork Reduction Act (44 U.S.C. definition can be used wherever foot trails than Federal accessibility Chapter 35). travel is permitted in federally standards (FSM 2353.01c, para. 2 and Agency: National Oceanic and designated wilderness areas (FSM 3). The FSTAG is available Atmospheric Administration (NOAA). 2353.05, para. 10). electronically on the World Wide Web Title: Human Dimensions of Marine 7. Forest Service Trail Accessibility at http://www.fs.fed.us/recreation/ Resource Management. Guidelines (FSTAG). The FSTAG programs/accessibility. Copies also may Form Number(s): None. contains the accessibility guidelines for be obtained by writing to the OMB Approval Number: 0648–0488. outdoor developed areas, including Accessibility Program Manager, Type of Request: Regular submission. trails, issued by the Architectural and Recreation and Heritage Resources Staff, Burden Hours: 3,000. Transportation Barriers Compliance Washington Office. Number of Respondents: 4,800. Board (Access Board), as supplemented * * * * * Average Hours per Response: 38 by the Forest Service to ensure the [FSM 2353.3–2354 and FSM 2355.01– minutes. agency’s continued application of 2355.04d are unchanged.] Needs and Uses: In order to address universal design, as well as agency National Environmental Policy Act terminology and processes. The FSTAG 2355—Management of Off-Highway (NEPA) and Magnuson-Stevens Fishery is available electronically on the World Vehicle Use Conservation and Management Act Wide Web at http://www.fs.fed.us/ [Alphabetize existing definitions, (MSA) requirements, NOAA Fisheries recreation/programs/accessibility. insert the following new definitions for social scientists must collect a broad Copies also may be obtained by writing all-terrain vehicle, off-highway vehicle, range of social, cultural and economic to the Accessibility Program Manager, and wheelchair or mobility device, and information currently unavailable. Recreation and Heritage Resources Staff, renumber the paragraphs accordingly.] NOAA Fisheries social scientists both Washington Office. conduct social science research and 2355.05—Definitions * * * * * apply research findings to fishery [FSM 2353.02 and FSM 2553.03, * * * * * management needs. This research is paragraphs 1–6, are unchanged.] 2. All-Terrain Vehicle (ATV). A type designed to improve social science data of off-highway vehicle that travels on related to the human dimensions of 2553.03—Policy three or more low-pressure tires; has fisheries management by: (1) 7. Ensure that all new or handle-bar steering; and has a seat Investigating social, cultural and reconstructed trails comply with designed to be straddled by the economic issues/processes related to Federal and Forest Service accessibility operator. marine fishery stakeholders including guidelines and standards for trails * * * * * but not limited to commercial and managed for pedestrian use (FSM 8. Motor Vehicle. Any vehicle which recreational fishermen, subsistence 2353.01c, para. 1–7). The FSTAG is self-propelled, other than: fishermen, fishing vessel owners, applies to trails managed for pedestrian (1) a vehicle operated on rails; and fishermen’s families, fish processors and use when the FSTAG establishes a (2) any wheelchair or mobility device, processing workers, related fishery higher standard for those trails than including one that is battery-powered, support businesses, and fishing

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communities as defined in MSA section 14th and Constitution Avenue, NW., III. Data 3(16); (2) improving the current Washington, DC 20230 or via Internet at OMB Number(s): knowledge of baseline information [email protected]. Form Number: Not applicable. related to marine fishery stakeholders, FOR FURTHER INFORMAITON CONTACT: Burden: 150 hours. as described in (1) above; and (3) Requests for additional information or Type of Review: New. monitoring and measuring trends among copies of the information collection Affected Public: State, local, or Tribal marine fishery stakeholders, as instrument and instructions should be Government and not-for-profit described in (1) above, affected by directed to Barbara Earman, organizations. fishery management decisions. Intergovernmental Affairs Division, Affected Public: Business or other for- Estimated Number of Respondents: Room 7816, Washington, DC 20230, profit organizations; Individuals or 50. telephone: (202) 482–2900. households; Not-for-profit institutions; Estimated Time per Response: 3 Federal government; State, local or SUPPLEMENTARY INFORMATION: hours. tribal government. Estimated Total Annual Burden Frequency: On occasion. I. Abstract Hours: 150. Respondent’s Obligation: Voluntary. EDA provides a broad range of Estimated Total Annual Cost: OMB Desk Officer: David Rostker, economic development assistance to $11,180. (202) 395–3897. help distressed communities design and Copies of the above information IV. Request for Comments implement effective economic collection proposal can be obtained by Comments are invited on: (a) Whether development strategies. Part of this calling or writing Diana Hynek, the proposed collection of information assistance includes disseminating Departmental Paperwork Clearance is necessary for the proper performance information about best practices and Officer, (202) 482–0266, Department of of the functions of the agency, including encouraging collegial learning among Commerce, Room 6625, 14th and whether the information shall have economic development practitioners. Constitution Avenue, NW., Washington, practical utility; (b) the accuracy of the EDA has created the Award for DC 20230 (or via the Internet at agency’s estimate of the burden Excellence in Economic Development to [email protected]). (including hours and cost) of the recognize outstanding economic Written comments and proposed collection of information; (c) development activities of national recommendations for the proposed ways to enhance the equality, utility importance. In order to make Awards information collection should be sent and clarity of the information to be for Excellence in Economic within 30 days of publication of this collected; and (d) ways to minimize the Development, EDA must collect two notice to David Rostker, OMB Desk burden of the collection of information kinds of information: (a) information Officer, Fax number (202) 395–7285, or on respondents, including through the identifying the nominee and contacts [email protected]. use of automated collection techniques within the organization being of other forms of information Dated: February 10, 2005. nominated and (b) information technology. Gwellnar Banks, explaining why the nominee should be Comments submitted in response to Management Analyst, Office of the Chief given the award. The information will this notice will be summarized and/or Information Officer. be used to determine those applicants included in the request for OMB [FR Doc. 05–3039 Filed 2–16–05; 8:45 am] best meeting the preannounced approval of this information collection, BILLING CODE 3510–22–P selection criteria. Use of a nomination they also will become a matter of public form standardizes and limits the record. information collected as part of the DEPARTMENT OF COMMERCE nomination process. This makes the Dated: February 10, 2005. competition fair and eases any burden Madeleine Clayton, Economic Development Administration on applicants and reviewers alike. Management Analyst, Office of the Chief Award for Excellence in Economic Participation in the competition is Information Officer. Development voluntary. The award is strictly [FR Doc. 05–3034 Filed 2–16–05; 8:45 am] honorary. BILLING CODE 3510–34–P ACTION: Proposed collection, comment II. Method of Collection request. As part of the development of the DEPARTMENT OF COMMERCE SUMMARY: The Department of Award for Excellence in Economic Commerce, as part of its continuing Development, EDA has designed a short Economic Development Administration effort to reduce paperwork and nomination form. Nominees will submit Data Collection for Compliance With respondent burden, invites the general the form to EDA, where they will be public and other Federal agencies to Government Performance and Results screened for completeness and Act of 1993 take this opportunity to comment on forwarded to the Selection Panel for proposed or continuing information review. The information will be used by collections, as required by the ACTION: Proposed collection; comment the Selection Panel to determine those request. Paperwork Reduction Act of 1995, applicants best meeting the Public Law 104–13 (44 U.S.C. reannounced selection criteria. The SUMMARY: The Department of Commerce 3506(C)(2)(A)). Selection Panel will include: three as part of its continuing effort to reduce DATES: Written comments must be representatives of the economic paperwork and respondent burden submitted on or before April 18, 2005. development practitioner community; invites the general public and other ADDRESSES: Direct all written comments one member from academe; three Federal agencies to take this to Diana Hynek , Departmental representatives of the Economic opportunity to comment on proposed or Paperwork Clearance Officer, Development Administration; and up to continuing information collections, as Department of Commerce, Room 6625, two at large members. required by the Paperwork Reduction

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Act of 1994, Public Law 104–13 (44 II. Method of Collection DEPARTMENT OF COMMERCE U.S.C. 3506(c)(2)(A)). EDA has developed four short data International Trade Administration DATES: Written comments must be collection forms; one for each type of submitted on or before April 18, 2005. [A–201–833, A–580–854] respondent. Respondents will submit ADDRESSES: Direct all written comments the form to the appropriate EDA Notice of Termination of Antidumping to Diana Hynek, Departmental regional office for compilation and Duty Investigations: Certain Circular Paperwork Clearance Officer, transmission to EDA headquarters. Welded Carbon Quality Line Pipe from Department of Commerce, Room 6625, Mexico and the Republic of Korea 14th and Constitution Avenue, NW., III. Data Washington DC 20230, or via the AGENCY: Import Administration, OMB Number(s): 0610–0098. Internet at [email protected]. International Trade Administration, FOR FURTHER INFORMATION CONTACT: Form Numbers: ED–915, ED–916, ED– Department of Commerce. Requests for additional information or 917, ED–918. EFFECTIVE DATE: February 17, 2005. copies of the information collection Burden: $1,017,056 to respondents. SUMMARY: On February 1, 2005, instruments and instructions should be Type of Review: Renewal of currently American Steel Pipe Division of directed to Steven Haley, Senior approved forms. ACIPCO, IPSCO Tubulars Inc., Lone Program Analyst, Budgeting and Star Steel Company, Maverick Tube Performance Evaluation Division, Affected Public: EDA-funded grantees: Corporation, Northwest Pipe Company, Economic Development Administration, State, local and tribal governments; and Stupp Corporation (collectively, Room 7106, Washington, DC 20230, community organizations; not-for-profit ‘‘petitioners’’) withdrew their telephone 202–482–3873. organizations. antidumping petitions, filed on March SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: 3, 2004, regarding certain circular 2,737. welded carbon quality line pipe from I. Abstract Mexico and the Republic of Korea Estimated Time per Response: 7.2 (‘‘Korea’’). Based on this withdrawal, The Economic Development hours average. Administration’s mission is to lead the the Department of Commerce (‘‘the Federal economic development agenda Estimated Total Annual Burden Department’’) is now terminating these by promoting innovation and Hours: 19,768. investigations. competitiveness, preparing American Estimate Total Annual Cost: $738,990 FOR FURTHER INFORMATION CONTACT: John regions for growth and success in the to EDA. Drury at 202–482–0195, Brandon worldwide economy. The Economic Farlander at 202–482–0195, or Abdelali Development Administration (EDA) IV. Request for Comments Elouaradia at 202–482–1374, AD/CVD accomplishes its mission by helping our Comments are invited on: (a) Whether Operations, Office 7, Import partners across the nation (states, the proposed collection of information Administration, International Trade regions, and communities) create wealth is necessary for the proper performance Administration, U.S. Department of and minimize poverty by promoting a Commerce, 14th Street and Constitution of the functions of the agency, including favorable business environment to Avenue, NW, Washington, DC 20230. whether the information shall have attract private capital investment and SUPPLEMENTARY INFORMATION: jobs through world-class capacity practical utility; (b) the accuracy of the building, planning, infrastructure, agency’s estimate of the burden Background (including hours and cost) of the research grants, and strategic initiatives. On March 3, 2004, the Department EDA’s strategic investments in public proposed collection of information; (c) received antidumping duty petitions infrastructure and local capital markets ways to enhance the equality, utility filed in proper form by the petitioners provide lasting benefits for and clarity of the information to be for the imposition of antidumping economically disadvantaged areas. collected; and (d) ways to minimize the duties on certain circular welded carbon Acting as catalysts to mobilize public burden of the collection of information quality line pipe from Mexico, Korea, and private investments, EDA’s on respondents, including through the and the People’s Republic of China investments address problems of high use of automated collection techniques (‘‘PRC’’), alleging that line pipe from unemployment, low per capita income, or other forms of information these countries were being sold, or were and other forms of severe economic technology. likely to be sold, in the United States at distress in local communities. EDA also Comments submitted in response to less than fair value. The petitioners are provides special economic adjustment this notice will be summarized and/or domestic producers of certain circular assistance to help communities and included in the request for OMB welded carbon quality line pipe (‘‘line businesses respond to major layoffs, approval of this information collection; pipe’’). On March 24, 2004, the plant shutdowns, trade impacts, natural they also will become a matter of public Department initiated antidumping duty disasters, military facility closures, and record. investigations of line pipe from Mexico, other severe economic dislocations. Korea, and the PRC. See Initiation of EDA must comply with the Dated: February 10, 2005. Antidumping Duty Investigations: Government Performance and Results Madeleine Clayton, Certain Circular Welded Carbon Quality Act of 1993 which requires Federal Management Analyst, Office of the Chief Line Pipe From Mexico, The Republic of agencies to develop performance Information Office. Korea, and the People’s Republic of measures, and report to Congress and [FR Doc. 05–3036 Filed 2–16–05; 8:45 am] China, 69 FR 16521 (March 30, 2004) stakeholders the results of the agency’s BILLING CODE 3510–34–P (‘‘Initiation Notice’’). On April 27, 2004, performance. EDA must collect specific the International Trade Commission data from grant recipients to report on (‘‘ITC’’) issued its determination that its performance in meeting its stated there is a reasonable indication that an goals and objectives. industry in the United States is

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materially injured or threatened with beveled ends for welding, threaded ends conversion to judicial protective order is material injury by reason of imports of or threaded and coupled, as well as any hereby requested. Failure to comply line pipe from Mexico, Korea, and the other special end finishes), and with the regulations and the terms of an PRC. regardless of stenciling. The APO is a sanctionable violation. On October 6, 2004, we published in merchandise subject to these This determination and notice are the Federal Register the preliminary investigations may be classified in the published in accordance with section determination in the Korean Harmonized Tariff Schedule of the 734(a) of the Act and section 19 CFR investigation, concurrently postponing United States (‘‘HTSUS’’) at heading 351.207(b) of the Department’s the final determination until no later 7306 and subheadings 7306.10.10.10, regulations. than February 18, 2005, pursuant to 730610.10.50, 7306.10.50.10, and Dated: February 10, 2005. section 751(a)(3)(A) of the Tariff Act of 7306.10.50.50. The tariff classifications Joseph A. Spetrini, 1930, as amended (‘‘the Act’’). See are provided for convenience and Notice of Affirmative Preliminary Customs purposes; however, the written Acting Assistant Secretary for Import Administration. Determination of Sales at Less than Fair description of the scope of the Value and Postponement of Final investigation is dispositive. [FR Doc. 05–3081 Filed 2–16–05; 8:45 am] Determination: Circular Welded Carbon BILLING CODE: 3510–DS–S Quality Line Pipe from the Republic of Termination of Antidumping Korea, 69 FR 59885 (October 6, 2004) Investigations (‘‘Preliminary Determination’’). After On February 1, 2004, the Department DEPARTMENT OF COMMERCE received a letter from petitioners receiving a timely allegation of International Trade Administration ministerial error in the preliminary notifying the Department that they are determination with regard to the no longer interested in seeking relief [A–533–824] calculated margin for Hyundai HYSCO and are withdrawing their petitions on CO., Ltd. (‘‘HYSCO’’), a respondent in line pipe from Mexico and Korea. Under Certain Polyethylene Terephthalate this proceeding, we published in the section 734(a)(1)(A) of the Act of 1930, Film, Sheet and Strip from India: Final Federal Register the amended upon withdrawal of a petition, the Results of Antidumping Duty preliminary determination. See Notice administering authority may terminate Administrative Review of Amended Preliminary Determination an investigation after giving notice to all AGENCY: Import Administration, of Sales At Not Less Than Fair Value: parties to the investigations. Further, International Trade Administration, Certain Circular Welded Carbon Quality section 351.207(b)(1) of the Department of Commerce. Line Pipe from the Republic of Korea, 69 Department’s regulations states that the SUMMARY: On August 12, 2004, the FR 64027 (November 3, 2004). Department may terminate an Department of Commerce (the On October 6, 2004, we published in investigation upon withdrawal of a Department) published the preliminary the Federal Register the preliminary petition, provided it concludes that results of the administrative review of determination in the Mexican termination is in the public interest. We the antidumping duty order on investigation, concurrently postponing notified all interested parties to the polyethylene terephthalate film, sheet the final determination until no later investigations of our intent to terminate and strip (PET film) from India. The than February 18, 2005, pursuant to these investigations, and provided them review covers PET film exported to the an opportunity to comment on the section 751(a)(3)(A) of the Act. See United States by Jindal Polyester Ltd. proposed termination. On February 7, Notice of Preliminary Determination of (Jindal) during the period from 2005, Hylsa S.A de CV, a respondent in Sales at Less than Fair Value and December 21, 2001, through June 30, this investigation, submitted comments Postponement of Final Determination: 2003. We provided interested parties stating that termination of these Circular Welded Carbon Quality Line with an opportunity to comment on the investigations is in the public interest. Pipe from Mexico, 69 FR 59892 (October preliminary results of review. After We have received no further comments 6, 2004). analyzing the comments received, we On December 8, 2004, petitioners from any party to these investigations. have made changes to the margin withdrew their petition with regard to As no party objects to this termination calculation. The final weighted–average the investigation of imports of line pipe and the Department is not aware of dumping margin for the reviewed firm from the PRC, and the Department evidence to the contrary, the is listed below in the section entitled, subsequently terminated the Department finds that termination of ‘‘Final Results of Review.’’ investigation. See Notice of Termination these investigations is in the public of Antidumping Duty Investigation: interest. As such, we are terminating EFFECTIVE DATE: February 17, 2005. Certain Circular Welded Carbon Quality these antidumping investigations and FOR FURTHER INFORMATION CONTACT: Jeff Line pipe from the People’s Republic of will issue instructions directly to U.S. Pedersen or Drew Jackson, AD/CVD China, 69 FR 75511 (December 17, Customs and Border Protection (‘‘CBP’’) Operations, Office 4, Import 2004). to terminate the suspension of Administration, International Trade liquidation of subject merchandise and Administration, U.S. Department of Scope of Investigations release all bond and any cash deposits Commerce, 14th and Constitution The scope of these investigations that have been posted, where Avenue, NW, Washington, DC 20230; include certain circular welded carbon applicable. telephone: (202) 482–2769 or (202) 482– quality steel line pipe of a kind used in This notice serves as a reminder to 4406, respectively. oil and gas pipelines, over 32 mm (1 † parties subject to administrative SUPPLEMENTARY INFORMATION: inches) in nominal diameter (1.660 inch protective order (‘‘APO’’) of their actual outside diameter) and not more responsibility concerning the Background than 406.4 mm (16 inches) in outside disposition of proprietary information On August 12, 2004, the Department diameter, regardless of wall thickness, disclosed under APO in accordance published in the Federal Register the surface finish (black, or coated with any with 19 CFR 351.305(a)(3). Timely preliminary results of the administrative coatings compatible with line pipe), and written notification of the return or review of the antidumping duty order regardless of end finish (plain end, destruction of APO materials or on PET film from India. See Certain

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Polyethylene Terephthalate Film, Sheet Memorandum is dated concurrently the cash deposit rate will continue to be and Strip From India: Preliminary with this notice and is hereby adopted the company–specific rate published in Results and Rescission in Part of by this notice. A list of the issues which the investigation; (3) if the exporter is Antidumping Duty Administrative the parties have raised is attached to not a firm covered in this review, or the Review, 69 FR 49872 (August 12, 2004) this notice as an appendix. Parties can original less–than-fair–value (LTFV) (Preliminary Results). In response to the find a complete discussion of all issues investigation, but the manufacturer is, Department’s invitation to comment on raised in this administrative review, and the cash deposit rate will be the rate the Preliminary Results, Jindal, the sole the corresponding recommendations, in established for the most recent period respondent, Valencia Specialty Films the Issues and Decision Memorandum for the manufacturer of the (Valencia), a U.S. importer, and the which is on file in the Central Records merchandise; and (4) if neither the petitioners filed 1 case briefs on Unit, room B–099 of the main exporter nor the manufacturer is a firm September 13, 2004. Jindal, Valencia, Department of Commerce building. In covered by any segment of this and the petitioners filed rebuttal briefs addition, a complete version of the proceeding, the cash deposit rate will be on September 23, 2004. In response to Issues and Decision Memorandum can the ‘‘all others’’ rate of 24.14 percent requests from Valencia and Jindal, a be accessed directly on the Web at established in the LTFV investigation, hearing was held on September 30, ‘‘http://ia.ita.doc.gov.’’ The paper copy adjusted for the export subsidy rate 2004. and the electronic version of the Issues found in the CVD investigation, which On December 14, 2004, the and Decision Memorandum are results in a cash deposit rate of 5.71 Department published in the Federal identical in content. percent. These deposit requirements, when imposed, shall remain in effect Register a notice of extension of the Changes Since the Preliminary Results final results of review. See Certain until publication of the final results of Polyethylene Terephthalate Film, Sheet Based on our analysis of comments the next administrative review. received, we made the following and Strip from India: Extension of Time Assessment Limit for Final Results of Antidumping changes in the comparison and margin Duty Administrative Review, 69 FR calculation programs. The Department will determine, and 1. Based on import data supplied by 74495. CBP shall assess, antidumping duties on U.S. Customs and Border Protection The Department has conducted this all appropriate entries. In accordance (CBP), we have found that certain administrative review in accordance with 19 C.F.R. § 351.212(b)(1), the importers did not deposit countervailing with section 751 of the Tariff Act of Department has calculated importer/ duties (CVDs) on their imports of PET 1930, as amended (the Act). customer–specific assessment rates for film. The entries that we examined merchandise subject to this review. Scope of the Review correspond with the U.S. sales reported Where the importer/customer–specific The products covered by the order are to the Department by Jindal. Because the assessment rate is above de minimis, we all gauges of raw, pretreated, or primed evidence on the record indicates no will instruct CBP to assess the PET film, whether extruded or CVDs will be ‘‘imposed’’ for these calculated assessment rate against the coextruded. Excluded are metallized entries, for the final results of review, entered customs value (or quantity if we films and other finished films that have we will not increase the U.S. prices of do not have entered value) of the subject had at least one of their surfaces particular sales in accordance with the merchandise on each of the importer’s/ modified by the application of a export subsidy offset provision, section customer’s entries during the POR. The performance–enhancing resinous or 772(c)(1)(C) of the Act. Department will issue the appropriate 2. We corrected ministerial errors inorganic layer of more than 0.00001 assessment instructions directly to CBP related to the treatment of excise duties, inches thick. Imports of PET film are within 15 days of publication of these billing adjustments and the application currently classifiable in the Harmonized final results of review. of exchange rates to marine insurance Tariff Schedule of the United States and inland freight to the Indian port. Reimbursement of Duties (HTSUS) under item number This notice also serves as a final 3920.62.00. HTSUS subheadings are Final Results of Review reminder to importers of their provided for convenience and customs We determine that the following responsibility under 19 C.F.R. purposes. The written description of the weighted–average percentage margin § 351.402(f)(2) to file a certificate scope of this order is dispositive. exists for the period December 21, 2001, regarding the reimbursement of Period of Review through June 30, 2003: antidumping duties or CVDs prior to liquidation of the relevant entries The period of review (POR) is Manufacturer/Exporter Margin (percent) December 21, 2001, through June 30, during this review period. Failure to 2003. Jindal Polyester Ltd...... 6.28 comply with this requirement may result in the Secretary’s presumption Analysis of Comments Received Cash Deposit Requirements that reimbursement of antidumping All issues raised by interested parties and/or CVDs occurred and the The following cash deposit in their case briefs are addressed in the subsequent increase in antidumping requirements will be effective upon ‘‘Issues and Decision Memorandum’’ duties by the full amount of the publication of this notice of final results from Barbara E. Tillman, Acting Deputy antidumping and/or CVDs reimbursed. of administrative review for all Assistant Secretary for Import shipments of PET film from India Administrative Protective Orders Administration, to Joseph A. Spetrini, entered, or withdrawn from warehouse, This notice also serves as the only Acting Assistant Secretary for Import for consumption on or after the date of reminder to parties subject to Administration (Issues and Decision publication of this notice, as provided administrative protective orders (APOs) Memorandum). The Issues and Decision by section 751(a)(1) of the Act: (1) the of their responsibility concerning the cash deposit rate for Jindal will be the 1 The petitioners in this review are Dupont Teijin return or destruction of proprietary Films, Mitsubishi Polyester Film of America, Toray rate shown above; (2) for previously information disclosed under APO in Plastics (America) and SKC America, Inc. investigated companies not listed above, accordance with 19 CFR 351.305.

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Timely written notification of the ACTION: Notice. Estimated Number of Respondents: return/destruction of APO materials or 539. conversion to judicial protective order is SUMMARY: The Department of Estimated Time per Response: 6 hours hereby requested. Failure to comply Commerce, as part of its continuing to install a VMS; 4 hours per year to with the regulations and terms of an effort to reduce paperwork and maintain a VMS; 5 seconds for an APO is a violation which is subject to respondent burden, invites the general automated position report; 12 minutes sanction. public and other Federal agencies to to fax a check-in report; and 12 minutes We are issuing and publishing this take this opportunity to comment on to fax a reimbursement form. determination and notice in accordance proposed and/or continuing information Estimated Total Annual Burden with sections 751(a)(1) and 777(i)(1) of collections, as required by the Hours: 13,152. the Act. Paperwork Reduction Act of 1995. Estimated Total Annual Cost to Dated: February 8, 2005. DATES: Written comments must be Public: $491,000. submitted on or before April 18, 2005. Joseph A. Spetrini, IV. Request for Comments ADDRESSES: Acting Assistant Secretary for Import Direct all written comments Administration. to Diana Hynek, Departmental Comments are invited on: (a) Whether Paperwork Clearance Officer, the proposed collection of information Appendix Issues in Decision Department of Commerce, Room 6625, is necessary for the proper performance Memorandum 14th and Constitution Avenue, NW., of the functions of the agency, including Comment 1: Whether Jindal Polyester Washington, DC 20230 (or via the whether the information shall have Limited and Valencia Specialty Films Internet at [email protected]). practical utility; (b) the accuracy of the Were Affiliated During the First Three FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden Months of the Period of Review Requests for additional information or (including hours and cost) of the Comment 2: Whether Jindal and copies of the information collection proposed collection of information; (c) Valencia Were Affiliated During the instrument and instructions should be ways to enhance the quality, utility, and Remainder of the Period of Review directed to Patsy A. Bearden, 907–586– clarity of the information to be Comment 3: Whether it is Appropriate 7008 or [email protected]. collected; and (d) ways to minimize the to Apply Partial Adverse Facts SUPPLEMENTARY INFORMATION: burden of the collection of information Available on respondents, including through the I. Abstract use of automated collection techniques Comment 4: Whether the Department or other forms of information Applied the Appropriate Adverse Facts NMFS Alaska Region manages the technology. Available Rate U.S. groundfish fisheries of the Exclusive Economic Zone (EEZ) off Comments submitted in response to Comment 5: Whether Jindal Polyester this notice will be summarized and/or Limited Properly Classified Certain Alaska under the Fishery Management Plan for Groundfish of the Gulf of included in the request for OMB Merchandise as Non–prime approval of this information collection; Merchandise Alaska and the Fishery Management Plan for the Groundfish Fishery of the they also will become a matter of public Comment 6: Whether the Department Bering Sea and Aleutian Islands record. Incorrectly Converted the Currency of Management Area (FMPs). The North Certain Movement Expenses Dated: February 10, 2005. Pacific Fishery Management Council Comment 7: Whether the Department Gwellnar Banks, prepared the FMPs pursuant to the Management Analyst, Office of the Chief Incorrectly Calculated Home Market Magnuson-Stevens Fishery Billing Adjustments Information Officer. Conservation & Management Act. The [FR Doc. 05–3033 Filed 2–16–05; 8:45 am] Comment 8: Whether the Department regulations implementing the FMPs are BILLING CODE 3510–22–P Incorrectly Calculated the Net Home at 50 CFR part 679. Market Price The recordkeeping and reporting Comment 9: Whether the Department requirements at 50 CFR part 679 form DEPARTMENT OF COMMERCE Should Offset its Calculations for the basis for this collection of Negative Dumping Margins information. NMFS Alaska Region National Oceanic and Atmospheric Comment 10: Whether to Increase the requests information from participating Administration Price of Certain U.S. Sales by groundfish participants. This Countervailing Duties Imposed to Offset information, upon receipt, results in an Proposed Information Collection; Export Subsidies increasingly more efficient and accurate Comment Request; Atlantic Highly Migratory Species Permit Family of [FR Doc. E5–658 Filed 2–16–05; 8:45 am] database for management and monitoring of the groundfish fisheries of Forms BILLING CODE 3510–DS–S the EEZ off Alaska. AGENCY: National Oceanic and II. Method of Collection Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE Internet and facsimile transmission of DOC. National Oceanic and Atmospheric paper forms. Paper applications, ACTION: Notice. electronic reports, and telephone calls Administration SUMMARY: are required. The Department of Proposed Information Collection; Commerce, as part of its continuing III. Data Comment Request; Alaska Region effort to reduce paperwork and Vessel Monitoring System (VMS) OMB Number: 0648–0445. respondent burden, invites the general Program Form Number: None. public and other Federal agencies to Type of Review: Regular submission. take this opportunity to comment on AGENCY: National Oceanic and Affected Public: Not-for-profit proposed and/or continuing information Atmospheric Administration (NOAA), institutions; and business or other for- collections, as required by the DOC. profit organizations. Paperwork Reduction Act of 1995.

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DATES: Written comments must be collection and renewed; and dealer they also will become a matter of public submitted on or before April 18, 2005. permits for Atlantic tunas, currently record. ADDRESSES: Direct all written comments approved under collection 0648–0202 Dated: February 11, 2005. to Diana Hynek, Departmental will be merged into this collection and Gwellnar Banks, renewed. Paperwork Clearance Officer, Management Analyst, Office of the Chief Department of Commerce, Room 6625, II. Method of Collection Information Officer. 14th and Constitution Avenue, NW., [FR Doc. 05–3037 Filed 2–16–05; 8:45 am] Applications for Atlantic Tunas, HMS Washington, DC 20230 (or via the BILLING CODE 3510–22–P Internet at [email protected]). Angling, and HMS Charter/Headboat FOR FURTHER INFORMATION CONTACT: Vessel Permits may be submitted online Requests for additional information or at www.nmfspermits.com, mailed, or DEPARTMENT OF COMMERCE copies of the information collection faxed. All other applications including instrument and instructions should be dealer permits and other vessel permits National Oceanic and Atmospheric directed to Dianne Stephan, National must be mailed. Administration Marine Fisheries Service (NMFS), III. Data Proposed Information Collection; Highly Migratory Species Management Comment Request; Alaska Region Division, 1 Blackburn Drive, Gloucester, OMB Number: 0648–0327. Logbook Family of Forms MA 01930 (phone (978) 281–9397). Form Number: None. Type of Review: Regular submission. SUPPLEMENTARY INFORMATION: AGENCY: National Oceanic and Affected Public: Business or other for- Atmospheric Administration (NOAA), I. Abstract profit organizations (vessel owners and DOC. dealers). Under the provisions of the ACTION: Notice. Magnuson-Stevens Fishery Estimated Number of Respondents: Conservation and Management Act (16 45,520. SUMMARY: The Department of U.S.C. 1801 et seq.), the National Estimated Time Per Response: 5 Commerce, as part of its continuing Oceanic and Atmospheric minutes for the HMS ITP Application, effort to reduce paperwork and Administration’s National Marine initial and renewal of Shark and respondent burden, invites the general Fisheries Service (NMFS) is responsible Swordfish Dealer Permit Applications, public and other Federal agencies to for management of the Nation’s marine and renewal of Atlantic Tunas Dealer take this opportunity to comment on fisheries. In addition, NMFS must Permit Application; 6 minutes for proposed and/or continuing information comply with the United States’ renewal application for the following collections, as required by the obligations under the Atlantic Tunas vessel permits: Atlantic Tunas, HMS Paperwork Reduction Act of 1995. Convention Act of 1975 (16 U.S.C. 971 Charter/Headboat, and HMS Angling; 15 DATES: Written comments must be et seq.). NMFS permits fishing vessels minutes for initial Atlantic Tunas Dealer submitted on or before April 18, 2005. and dealers in order to collect the Permit Application; 20 minutes for ADDRESSES: Direct all written comments information necessary to comply with initial and renewal of Shark and to Diana Hynek, Departmental domestic and international obligations, Swordfish Vessel Permit Applications; Paperwork Clearance Officer, secure compliance with regulations, and and 30 minutes for initial applications Department of Commerce, Room 6625, disseminate necessary information. for the following vessel permits: 14th and Constitution Avenue, NW., Current regulations at 50 CFR part Atlantic Tunas, HMS Charter/Headboat, Washington, DC 20230 (or via the 635.4 require that vessels participating and HMS Angling. Internet at [email protected]). in commercial and recreational fisheries Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: for highly migratory species (HMS), Hours: 5,506. Requests for additional information or dealers purchasing Atlantic HMS from a Estimated Total Annual Cost to copies of the information collection vessel, and dealers importing or Public: $1,477,988. instrument and instructions should be exporting bluefin tuna or importing IV. Request for Comments directed to Patsy A. Bearden, (907) 586– swordfish obtain a permit from NMFS. 7008 or [email protected]. A final rule which will go into effect on Comments are invited on: (a) Whether SUPPLEMENTARY INFORMATION: July 1, 2005, (69 FR 67268, November the proposed collection of information 17, 2004) will also require the HMS is necessary for the proper performance I. Abstract International Trade Permit (ITP) for of the functions of the agency, including The National Marine Fisheries Service international trade of frozen bigeye whether the information shall have (NMFS) Alaska Region manages the U.S. tuna, southern bluefin tuna, and export practical utility; (b) the accuracy of the groundfish fisheries of the Exclusive of swordfish. agency’s estimate of the burden Economic Zone (EEZ) off Alaska under This action addresses the renewal of (including hours and cost) of the the Fishery Management Plan for permit applications currently approved proposed collection of information; (c) Groundfish of the Gulf of Alaska and the under 0648–0327, including vessel ways to enhance the quality, utility, and Fishery Management Plan for the permits for Atlantic tunas, HMS charter/ clarity of the information to be Groundfish Fishery of the Bering Sea headboats, and HMS angling, and the collected; and (d) ways to minimize the and Aleutian Islands Management Area HMS ITP. In addition, vessel permits for burden of the collection of information (FMPs). The North Pacific Fishery swordfish (directed, incidental, and on respondents, including through the Management Council prepared the hand gear) and sharks (directed and use of automated collection techniques FMPs pursuant to the Magnuson- incidental) currently approved under or other forms of information Stevens Fishery Conservation and collection 0648–0205 will be merged technology. Management Act. The regulations into this collection and renewed; dealer Comments submitted in response to implementing the FMPs are at 50 CFR permits for sharks and swordfish this notice will be summarized and/or part 679. currently approved under collection included in the request for OMB The recordkeeping and reporting 0648–0205 will be merged into this approval of this information collection; requirements at 50 CFR part 679 form

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the basis for this collection of on respondents, including through the Whitlow W. L. Au, Ph.D., University information. NMFS Alaska Region use of automated collection techniques of Hawaii, P.O. Box 1106, Kailua, HI requests information from participating or other forms of information 96734 (Permit No. 1000–1617). groundfish participants. This technology. DATES: Written, telefaxed, or e-mail information, upon receipt, results in an Comments submitted in response to comments on the new applications and increasingly more efficient and accurate this notice will be summarized and/or amendment requests must be received database for management and included in the request for OMB on or before March 21, 2005. monitoring of the groundfish fisheries of approval of this information collection; ADDRESSES: The applications and the EEZ off Alaska. they also will become a matter of public related documents are available for record. II. Method of Collection review upon written request or by Dated: February 10, 2005. appointment (See SUPPLEMENTARY Internet and facsimile transmission of INFORMATION). paper forms. Paper reports, electronic Gwellnar Banks, Management Analyst, Office of the Chief Written comments or requests for a reports, and telephone calls are public hearing on this application required. Information Officer. [FR Doc. 05–3038 Filed 2–16–05; 8:45 am] should be mailed to the Chief, Permits, III. Data BILLING CODE 3510–22–P Conservation and Education Division, F/PR1, Office of Protected Resources, OMB Number: 0648–0213. NMFS, 1315 East-West Highway, Room Form Number: None. Type of Review: Regular submission. DEPARTMENT OF COMMERCE 13705, Silver Spring, MD 20910. Those Affected Public: Not-for-profit individuals requesting a hearing should institutions; and business or other for- National Oceanic and Atmospheric set forth the specific reasons why a profit organizations. Administration hearing on this particular request would be appropriate. Estimated Number of Respondents: [I.D. 111004F] 1,033. Comments may also be submitted by facsimile at (301) 427–2521, provided Estimated Time Per Response: 18 Marine Mammals; File Nos. 393–1772, the facsimile is confirmed by hard copy minutes for Catcher Vessel trawl gear 545–1761, 587–1767, 1071–1770, 731– submitted by mail and postmarked no daily fishing logbook (DFL); 28 minutes 1774, 945–1776, 782–1719, 1000–1617 for Catcher Vessel longline and pot gear later than the closing date of the DFL; 30 minutes for Catcher/processor AGENCY: National Marine Fisheries comment period. trawl gear daily cumulative production Service (NMFS), National Oceanic and Comments may also be submitted by logbook (DCPL); 41 minutes for Catcher/ Atmospheric Administration (NOAA), e-mail. The mailbox address for processor longline and pot gear DCPL; Commerce. providing email comments is 31 minutes for Shoreside processor ACTION: Receipt of applications for [email protected]. Include DCPL; 31 minutes for Mothership DCPL; permits and for permit amendments. in the subject line of the e-mail 8 minutes for Shoreside Processor comment the following document Check-in/Check-out Report; 7 minutes SUMMARY: Notice is hereby given that identifier: File No. 393–1772, 545–1761, for Mothership or Catcher/processor the following applicants have applied in 587–1767, 1071–1770, 731–1774, 945– Check-in/Check-out Report; 11 minutes due form for a permit or permit 1776, 782–1719, or 1000–1617. for Product Transfer Report; 17 minutes amendment for scientific research on FOR FURTHER INFORMATION CONTACT: for Weekly Production Report; 11 marine mammals: Carrie Hubard, Amy Sloan, or Ruth minutes for Daily Production Report; Deborah A. Glockner-Ferrari, 39 Johnson, (301)713–2289. estimated time to electronically submit Woodvine Court, Covington, LA 70433, SUPPLEMENTARY INFORMATION: The the Weekly Production Report (5 min./ (File No. 393–1772); subject permits and amendments are report); 5 minutes to electronically North Gulf Oceanic Society (Craig O. requested under the authority of the submit the check-in/check-out report; Matkin, Principal Investigator), 2030 Marine Mammal Protection Act of 1972, 35 minutes for Weekly Cumulative Mary Allen Avenue, Homer, AK 99603, as amended (MMPA; 16 U.S.C. 1361 et Mothership ADF&G Fish Tickets; 14 (File No. 545–1761);Dan R. Salden, seq.), the Regulations Governing the minutes for U.S. Vessel Activity Report; Ph.D., Hawaii Whale Research Taking and Importing of Marine 23 minutes for buying station report. Foundation, 52 Cheshire Drive, Mammals (50 CFR part 216), the Estimated Total Annual Burden Maryville, IL 62062–1931, (File No. Endangered Species Act of 1973, as Hours: 36,705. 587–1767); amended (ESA; 16 U.S.C. 1531 et seq.), Estimated Total Annual Cost to The Dolphin Institute (Adam A. Pack, and the regulations governing the Public: $188,000. Ph.D., Principal Investigator), 420 Ward taking, importing, and exporting of Avenue, Suite 212, Honolulu, HI 96814, endangered and threatened species (50 IV. Request for Comments (File No. 1071–1770); CFR 222–227), and the Fur Seal Act of Comments are invited on: (a) Whether Robin Baird, Ph.D., Cascadia 1966, as amended (16 U.S.C. 1151 et the proposed collection of information Research, 218 1/2 W. 4th Avenue, seq.). is necessary for the proper performance Olympia, WA 98501, (File No. 731– of the functions of the agency, including 1774); Applications for Permits whether the information shall have Glacier Bay National Park and Deborah A. Glockner-Ferrari (File No. practical utility; (b) the accuracy of the Preserve (Christine M. Gabriele, 393–1772) requests a 5–year permit to agency’s estimate of the burden Principal Investigator) P.O. Box 140, continue long-term population studies (including hours and cost) of the Gustavus, AK 99826, (File No. 945– of humpback whales (Megaptera proposed collection of information; (c) 1776); novaeangliae) on their winter breeding ways to enhance the quality, utility, and NMFS, National Marine Mammal grounds with a particular emphasis on clarity of the information to be Laboratory (NMML), 7600 Sand Point defining life histories, documenting collected; and (d) ways to minimize the Way, NE, Seattle, WA 98102, (Permit behavior and recording distribution. burden of the collection of information No. 782–1719); and Incidental observations would be made

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of additional cetacean species, Incidental observations would be made physalus), and blue whales including false killer whales (Pseudorca of additional cetacean species, (Balaenoptera musculus). The applicant crassidens), short-finned pilot whales including false killer whales, short- is requesting that biopsy sampling takes (Globicephala macrorhynchus), killer finned pilot whales, killer whales, be authorized on humpback whale whales (Orcinus orca), bottlenose bottlenose dolphins, spinner dolphins, calves less than 6 months of age and/or dolphins (Tursiops truncatus), spinner and pantropical spotted dolphins. Takes females accompanying such calves. dolphins (Stenella longirostris), and would occur by close approach for Research would take place in waters of pantropical spotted dolphins (Stenella vessel surveys, photo-identification, the Eastern, Central, and Western North attenuata). Takes would occur by close behavioral observation, passive acoustic Pacific Ocean, with a primary focus on approach for vessel surveys, photo- recording, underwater observation, the winter and summer grounds of the identification, behavioral observation, collection of sloughed skin, and three North Pacific humpback whale video recording, passive acoustic incidental harassment. Research would stocks. This includes waters off the recording, underwater observation, take place in waters off Hawaii and main Hawaiian Islands (primary study collection of sloughed skin, and Alaska, primarily off the islands of Maui area) and along the rim of the North incidental harassment. Research would (especially between 20°46′N and 21°N Pacific from California northward to take place in waters off Hawaii with in the Auau Channel), Hawaii Southeast Alaska and then westward emphasis on the waters of the Auau (especially off the Kona Coast), Molokai through the Gulf of Alaska, Aleutian Channel within the four island region of (including the area known as the Islands, and regions of the upper Maui, Lanai, Kahoolawe, and Molokai. Penguin Banks), Lanai, Kauai, and western Pacific. Research would also North Gulf Oceanic Society (File No. Kahoolawe, and in southeastern Alaska take place in Japanese waters off the 545–1761) requests a 5–year permit to (especially in the Frederick Sound, Mariana, Bonin (Ogasawara), and continue population studies on Chatham Strait, Seymour Canal, and Ryukyuan islands. numerous cetacean species with a Stephens Passage areas). Robin Baird, Ph.D. (File No.731–1774) particular emphasis on killer whales. The Dolphin Institute (Adam A. Pack, requests a 5–year permit to conduct The research would specifically focus Ph.D., Principal Investigator) (File No. research on all cetacean species in U.S. on gathering data to study: (1) mating 1071–1770) requests a 5–year permit to and international waters in the Pacific and social systems and feeding behavior continue long-term population studies Ocean, including Alaska, Washington, of killer whales; and (2) diving behavior, of humpback whales and other cetacean Oregon, California, Hawaii, and other feeding, movement and contaminant loads of several cetacean species, species in the Eastern, Western, and U.S. territories. The purposes of the including killer whales, gray whales Central North Pacific Ocean. These proposed research are to study: (1) (Eschrichtius robustus), harbor porpoise studies would include: (1) photo- diving and night-time behavior; (2) (Phocoena phocoena), Dall’s porpoise identification of individuals to population assessment; and (3) social (Phocoenoides dalli), Pacific white- determine individual life histories, organization and inter-specific sided dolphins (Lagenorhynchus social role, migration, habitat use, interactions of cetaceans. Incidental obliquidens), Baird’s beaked whale distribution, and reproductive status; (2) harassment of all species of cetaceans (Berardius bairdii), Cuvier’s beaked underwater videogrammetry to may occur through vessel approach for whale (Ziphius cavirostris), and determine the sizes of animals in sighting surveys, photographic Stejneger’s beaked whale (Mesoplodon different social roles and how size identification, and behavioral research, stejnergeri). Takes would occur by close affects or is correlated with the social and aerial over-flights for the purpose of approach for vessel surveys, photo- role adopted, and to derive estimations locating animals and conducting aerial identification, behavioral observation, of sexual maturity of animals; (3) validation studies. Individuals of all passive acoustic recording, tagging, underwater videography to document cetacean species, with the exception of biopsy sampling, collection and export behaviors and aid in sex determination; North Pacific right whales, may have a of dead parts, and incidental (4) song recording and observation of suction-cup tag attached and be tracked. harassment. Collection of dead parts singers to determine song source levels Dive data (using suction-cup attached from the above species and humpback and propagation characteristics; (5) tags) will provide a quantitative whales, minke whales (Balaenoptera Crittercam studies of animals in estimate of time animals are at the acutorostrata), Steller sea lions competitive groups and in dyads, and of surface and available to be seen during (Eumetopias jubatus), harbor seals singers, to help in the understanding of visual surveys, as well as to examine (Phoca vitulina), and Northern fur seals the mating system; and (6) skin biopsy other aspects of behavior (e.g., diurnal (Callorhinus ursinus) would take place sampling for sex determination and patterns, reactions to vessel approaches, during killer whale predation studies. individual identification to accompany and/or acoustic behavior). Photo- No biopsy sampling would take place and supplement Crittercam information. identification data will be used in on large whale calves less than six Takes are also requested for other population assessment through mark- months of age or females accompanying cetacean species, including bottlenose recapture population estimation and in such calves. Research would take place dolphins, spinner dolphins, false killer studies of stock structure involving in waters off Alaska with a whales, melon-headed whales movements of individuals. Small concentration in Glacier Bay/Icy Strait, (Peponocephala electra), pygmy killer numbers of pinnipeds including Sitka Sound, Prince William Sound, whales (Feresa attenuata), rough- California sea lions (Zalophus Kenai Fjords, Resurrection Bay, Eastern toothed dolphins (Steno bredanensis), californianus), harbor seals, northern Aleutian chain, and Kodiak Island. Most pilot whales, striped dolphins (Stenella elephant seals (Mirounga angustirostris), research would be performed between coeruleoalba), pygmy and dwarf sperm and Steller sea lions may be incidentally the months of May and September. whales (Kogia spp.), killer whales, harassed from research activities. Import Mention other whale species?? sperm whales (Physeter of skeletal parts from beach-cast Dan R. Salden, Ph.D. (File No. 587– macrocephalus), Blainville’s beaked specimens from Canada and export of 1767) requests a 5–year permit to whales (Mesoplodon densirostris), skin tissue samples obtained from continue studies of long-term social spotted dolphins, Cuvier’s beaked suction-cups is requested for research affiliations among humpback whales. whales, fin whales (Balaenoptera purposes.

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Glacier Bay National Park and Pacific stock. The amendment, if issued, Alaska Region, NMFS, P.O. Box Preserve (Christine M. Gabriele, would remain valid until the permit 21668, Juneau, AK 99802–1668; phone Principal Investigator) (File No. 945– expires June 30, 2009. (907)586–7221; fax (907)586–7249; 1776) requests a 5–year permit to Permit No. 1000–1617–01 issued to Southwest Region, NMFS, 501 West continue population studies on Whitlow Au, Ph.D. on June 22, 2001 (66 Ocean Blvd., Suite 4200, Long Beach, numerous cetacean species with a FR 34155) authorizes behavioral CA 90802–4213; phone (562)980–4001; particular emphasis on humpback, observations, photo-identification, fax (562)980–4018; and minke, and killer whales. The research genetic sampling, and suction-cup Pacific Islands Region, Protected would focus on gathering data to study tagging of small cetaceans in Hawaii and Species Coordinator, Pacific Area ecology, behavior and population status California, focused primarily on spinner Office, NMFS, 1601 Kapiolani Blvd., to enhance management objectives for dolphins. The objectives of the research Suite 1110, Honolulu, HI 96814–4700; these species in and around the Glacier are to investigate population structure, phone (808)973–2935; fax (808)973– Bay National Park and Preserve, Alaska. genetic variability, dispersal patterns, 2941. Takes would occur by close approach by social structure, and foraging and diving Dated: February 11, 2005. vessel survey for photo-identification, behavior. The Permit Holder is now behavioral observation, passive acoustic requesting a 5–year amendment to Stephen L. Leathery, recording, collection of sloughed skin expand the small cetacean research by Chief, Permits, Conservation and Education and feces, prey sampling, and incidental increasing the number of individuals of Division, Office of Protected Resources, National Marine Fisheries Service. harassment. Research would take place each species that can be suction-cup in waters of and around Glacier Bay tagged from three to 80. Furthermore, [FR Doc. 05–3093 Filed 2–16–05; 8:45 am] with the main study area including a the Holder wishes to add a new project BILLING CODE 3510–22–S 70–mile (113 km) radius centered at the that will focus on large whale behavior ° ′ mouth of Glacier Bay (58 20 N and use of the acoustic environment by ° ′ DEPARTMENT OF COMMERCE 13 00 W.). Research would mainly take studying humpback whales, killer place annually primarily during the whales, and Cuvier’s and Blainville’s Patent and Trademark Office months of April-November. beaked whales (Ziphius cavirostris and Amendment Requests Mesoplodon densirostris). Males and Trademark Processing females of all ages and reproductive Permit No. 782–1719–00 issued on status of requested species would be ACTION: Proposed collection; comment June 30, 2004 (69 FR 44514) authorizes closely approached by vessel for photo- request. NMMLthe Holder to take all species of identification, behavioral observations, cetaceans under NMFS jurisdiction underwater observation and SUMMARY: The United States Patent and during stock assessment activities videography, and passive acoustic Trademark Office (USPTO), as part of its throughout U.S. territorial waters and recording. For biopsy sampling and continuing effort to reduce paperwork the high seas of the North Pacific Ocean, and respondent burden, invites the Southern Ocean, Arctic Ocean, and the suction-cup tagging, males and females of all ages would be sampled or tagged, general public and other Federal territorial waters of Mexico (Gulf of agencies to comment on the submission California only), Canada, Russia, Japan with the exception of calves under 6 months of age and females attending of a revision of a currently approved and the Philippines. The Permit collection, as required by the Paperwork specifically authorizes close approach such calves. In the case of humpback whales only: the suction-cup tags, with Reduction Act of 1995, Public Law 104– during Level B harassment (aerial 13 (44 U.S.C. 3506(c)(2)(A)). surveys, vessel-based surveys, a desired attachment duration of 6 observations, and photo-identification), hours, may include an acoustic DATES: Written comments must be and Level A harassment (biopsy transponder. The tag would emit a high- submitted on or before April 18, 2005. sampling and attachment of scientific frequency pulse, above the theoretical ADDRESSES: You may submit comments instruments). Activities are authorized hearing range of the whales, to assist the by any of the following methods: for all age and sex classes with the researchers in tracking the tagged • E-mail: [email protected]. exception of biopsy sampling of calves individual. Research would take place Include ‘‘0651–0009 comment’’ in the less than 6 months of age and in U.S. and international waters off subject line of the message. Hawaii and California. The amended accompanying females. The Holder now • Fax: (571) 273–0112, marked to the permit, if issued, would be valid for 5 requests authority to increase the attention of Susan Brown. number of humpback whales to be years. • Concurrent with the publication of Mail: Susan K. Brown, Records biopsy sampled to 500 in the Western Officer, Office of the Chief Information North Pacific stock, 2000 in the Central this notice in the Federal Register, NMFS is forwarding copies of these Officer, Office of Data Architecture and North Pacific stock, and 1000 in the Services, Data Administration Division, Eastern North Pacific stock. The Holder applications to the Marine Mammal Commission and its Committee of U.S. Patent and Trademark Office, PO also requests that NMFS reconsider its Box 1450, Alexandria, VA 22313–1450. earlier decision and allow biopsy Scientific Advisors. sampling of large whale calves less than All documents may be reviewed in FOR FURTHER INFORMATION CONTACT: 6 months of age (with the exception of the following locations: Requests for additional information neonates) and attending females. The Permits, Conservation and Education should be directed to the attention of Holder has submitted additional Division, Office of Protected Resources, Ari Leifman, Staff Attorney, Office of information and justification for this NMFS, 1315 East-West Highway, Room the Commissioner for Trademarks, activity. The Holder also requests 13705, Silver Spring, MD 20910; phone United States Patent and Trademark authority to increase the number of 301)713–2289; fax (301)713–0376; and Office (USPTO), PO Box 1451, humpback whales to be biopsy sampled Northwest Region, NMFS, 7600 Sand Alexandria, VA 22313–1451, by to 500 in the Western North Pacific Point Way NE, BIN C15700, Bldg. 1, telephone at 571–272–9572, or by e-mail stock, 2000 in the Central North Pacific Seattle, WA 98115–0700; phone at [email protected]. stock, and 1000 in the Eastern North (206)526–6150; fax (206)526–6426; SUPPLEMENTARY INFORMATION

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I. Abstract Request to Delete Section 1(b) Basis, Estimated Number of Respondents: The United States Patent and Intent to Use, Request for Express 785,130 total responses. Of this total, Trademark Office (USPTO) administers Abandonment (Withdrawal) of 253,801 responses are related to 0651– the Trademark Act, 15 U.S.C. 1051 et Application, Request for Permission to 0009 Applications for Trademark seq., which provides for the Federal Withdraw as Attorney of Record, Registration, 186,110 responses are registration of trademarks, service Change of Owner’s Address Form, and related to 0651–00xx Substantive marks, collective trademarks and service Other Petitions. The electronic versions Submissions Made During Prosecution marks, collective membership marks, of these first four requirements were of the Trademark Application, 218,482 and certification marks. Individuals and additions to the collection recently responses are related to 0651–00xx businesses who use their marks, or approved by OMB on December 2, 2004. Submissions Regarding Correspondence intend to use their marks, in commerce Other Petitions is a new paper category and Regarding Attorney Representation regulable by Congress, may file an being added to encompass all other (Trademarks), 126,337 responses are application with the USPTO to register miscellaneous petitions that are related to 0651–00xx Post Registration their marks. These individuals and submitted after prosecution of the (Trademark Processing), and 400 businesses may also submit various trademark application. Other Petitions responses are related to 0651–00xx communications to the USPTO, does not have an electronic equivalent; Trademark Petitions, for a new total of petitions are submitted on paper. including requests to amend their 785,130 responses for this collection. applications to delete an originally- At this time, the USPTO is proposing Estimated Time Per Response: The identified statutory filing basis, such as to split this collection into five separate USPTO estimates that it will take the ‘‘intent to use’’ basis. Registered collections based upon the lines of the approximately 3 minutes (0.05 hours) to marks remain on the register for ten Trademark business processes. The years. However, the registrations are proposed five groups are Applications 30 minutes (0.50 hours) to complete this canceled unless the owner files an for Trademark Registration, Substantive information This includes the time to affidavit with the USPTO attesting to Submissions Made During Prosecution gather the necessary information, create the continued use (or excusable non- of the Trademark Application, the documents, and submit the use) of the mark in commerce. The Submissions Regarding Correspondence completed request to the USPTO. applicant may withdraw his or her and Regarding Attorney Representation Estimated Total Annual Respondent application. If an application becomes (Trademarks), Post Registration Burden Hours: 141,400 burden hours. abandoned, the owner may petition the (Trademark Processing), and Trademark Petitions. The USPTO believes that Estimated Total Annual Respondent USPTO to revive the abandoned splitting this extensive collection into Cost Burden: Using the professional application. The registration may be smaller, more manageable, information hourly rate of $286 for associate renewed for periods of ten years. attorneys in private firms, the USPTO The rules implementing the Act are collection requests will allow for a more efficient updating and renewal process. estimates $40,440,400 per year for salary set forth in 37 CFR Part 2. These rules costs associated with respondents. Of mandate that each register entry include II. Method of Collection this total, $21,438,274 is associated with the mark, the goods and/or services in Electronically if applicants submit the 0651–0009 Applications for Trademark connection with which the mark is information using the forms available Registration, $9,011,288 is associated used, ownership information, dates of through TEAS. By mail or hand delivery with 0651–00xx Substantive use, and certain other information. The if applicants chose to submit the Submissions Made During Prosecution USPTO also provides similar information in paper form. of the Trademark Application, information concerning pending $4,596,592 is associated with 0651– applications. The register and pending III. Data 00xx Submissions Regarding application information may be OMB Number: 0651–0009. Correspondence and Regarding Attorney accessed by an individual or by Form Number(s): PTO Forms 4.8, 4.9, Representation (Trademarks), businesses, to determine availability of 4.16, 1478(A), 1553, 1581, 1583, 1963, $5,356,494 is associated with 0651– a mark. By accessing the USPTO’s 2000, 2194, 2195, 2196, 2197, 2200, 00xx Post Registration (Trademark information, parties may reduce the 2201 and 2202. Processing), and $37,752 is associated possibility of initiating use of a mark Type of Review: Revision of a previously adopted by another. The currently approved collection. with 0651–00xx Trademark Petitions, Federal trademark registration process Affected Public: Primarily business or for a new total of $40,440,400 in annual may lessen the filing of papers in court other for-profit organizations, but also respondent cost burden for this and between parties. individuals or households; not-for-profit collection, as follows: The USPTO is proposing to add five institutions; farms, Federal Government; 0651–0009 Applications for paper requirements into this collection: and state, local or tribal Government. Trademark Registration:

Estimated Estimated Estimated Item time for annual re- annual burden response sponses hours

Use-Based Trademark/Service Mark Application, including: 23 minutes 21,392 8,129 —Trademark/Service Mark Application. —Collective Trademark/Service Mark Application. —Collective Membership Mark. —Certification Mark Application. Electronic Use-Based Trademark/Service Mark Application, including: 21 minutes 64,176 22,462 —Trademark/Service Mark Application. —Collective Trademark/Service Mark Application. —Collective Membership Mark. —Certification Mark Application.

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Estimated Estimated Estimated Item time for annual re- annual burden response sponses hours

Intent to Use Trademark/Service Mark Application, including: 17 minutes 38,031 10,649 —Trademark/Service Mark Application. —Collective Trademark/Service Mark Application. —Collective Membership Mark. —Certification Mark Application. Electronic Intent to Use Trademark/Service Mark Application, including: 15 minutes 114,092 28,523 —Trademark/Service Mark Application. —Collective Trademark/Service Mark Application. —Collective Membership Mark. —Certification Mark Application. Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including: 20 minutes 4,027 1,329 —Trademark/Service Mark Application. —Collective Trademark/Service Mark Application. —Collective Membership Mark. —Certification Mark Application. Electronic Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), in- 19 minutes 12,083 3,867 cluding: —Trademark/Service Mark Application. —Collective Trademark/Service Mark Application. —Collective Membership Mark. —Certification Mark Application.

Totals ...... 253,801 74,959

0651–00xx Substantive Submissions Made During Prosecution of the Trademark Application:

Estimated Estimated Estimated Item time for annual re- annual burden response sponses hours

Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use) ...... 13 minutes 18,739 4,123 Electronic Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of 11 minutes 43,726 8,308 Use). Request for Extension of Time to File a Statement of Use ...... 10 minutes 30,348 5,159 Electronic Request for Extension of Time to File a Statement of Use ...... 9 minutes ... 70,811 10,622 Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action ...... 12 minutes 1,900 399 Electronic Petition to Revive Abandoned Application—Failure to Respond Timely to Office Ac- 5 minutes ... 4,400 352 tion. Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Exten- 12 minutes 1,900 399 sion Request. Electronic Petition to Revive Abandoned Application—Failure to File Timely Statement of Use 5 minutes ... 4,400 352 or Extension Request. Request to Delete Section 1(b) Basis, Intent to Use ...... 4 minutes ... 235 14 Electronic Request to Delete Section 1(b) Basis, Intent to Use ...... 3 minutes ... 550 28 Request for Express Abandonment (Withdrawal) of Application ...... 4 minutes ... 1,115 67 Electronic Request for Express Abandonment (Withdrawal) of Application ...... 3 minutes ... 3,600 180 Request to Divide ...... 5 minutes ... 476 38 Electronic Request to Divide ...... 4 minutes ... 1,110 67 Trademark Amendments/Corrections/Surrenders ...... 30 minutes 2,800 1,400

Totals ...... 186,110 31,508

0651–00xx Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks):

Estimated Estimated Item time for annual re- Estimated response sponses burden hours

Revocation of Power of Attorney and/or Appointment of Attorney (Power of Attorney) ...... 6 minutes ... 38,530 3,853 Electronic Revocation of Power of Attorney/Domestic Representative and/or Appointment of At- 5 minutes ... 89,900 7,192 torney/Domestic Representative. Designation of Domestic Representative ...... 3 minutes ... 36,196 1,810 Request for Permission to Withdraw as Attorney of Record ...... 15 minutes 645 161 Electronic Request for Permission to Withdraw as Attorney of Record ...... 12 minutes 1,500 315

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Estimated Estimated Item time for annual re- Estimated response sponses burden hours

Change of Owner’s Address Form ...... 4 minutes ... 15,515 931 Electronic Change of Owner’s Address ...... 3 minutes ... 36,196 1,810

Totals ...... 218,482 16,072

0651–00xx Post Registration (Trademark Processing):

Estimated Estimated Estimated Item time for annual re- annual burden response sponses hours

Affidavit of Use of a Mark in Commerce Under § 8 ...... 11 minutes 12,330 2,343 Electronic Affidavit of Use of a Mark in Commerce Under § 8 ...... 10 minutes 28,770 4,891 Combined Affidavit of Use in Commerce & Application for Renewal of Registration of a Mark 14 minutes 12,330 2,836 Under §§ 8 & 9. Electronic Combined Affidavit of Use in Commerce & Application for Renewal of Registration of 12 minutes 28,770 6,042 a Mark Under §§ 8 & 9. Affidavit of Incontestability of a Mark Under § 15 ...... 3 minutes ... 131 7 Electronic Affidavit of Incontestability of a Mark Under § 15 ...... 6 minutes ... 306 31 Combined Affidavit of Use & Incontestability Under §§ 8 & 15 ...... 5 minutes ... 13,110 1,049 Electronic Combined Affidavit of Use & Incontestability Under §§ 8 & 15 ...... 3 minutes ... 30,590 1,530

Totals ...... 26,337 18,729

0651–00xx Trademark Petitions:

Estimated Estimated Estimated time Item time for annual re- for annual response sponses burden hours

Other Petitions ...... 20 minutes 400 132

Total ...... 400 132

Estimated Total Annual Non-Hour made via first class mail. First class Regarding Correspondence and Respondent Cost Burden (includes postage is 37 cents. Therefore, a total Regarding Attorney Representation postage costs and filing fees): estimated mailing cost of $92,556 is (Trademarks), $14,023 is associated $146,766,731. This collection has no incurred (250,150 responses × $.37). Of with 0651–00xx Post Registration operation or maintenance costs. this total, $23,476 is associated with (Trademark Processing), and $148 is Customers incur postage costs when 0651–0009 Applications for Trademark associated with 0651–00xx Trademark submitting non-electronic information Registration, $21,280 is associated with Petitions, for a new total of $92,556 in to the USPTO by mail through the 0651–00xx Substantive Submissions postage costs for this collection, as United States Postal Service. The Made During Prosecution of the follows: USPTO estimates that the majority of Trademark Application, $33,629 is 0651—0009 Applications for submissions for these paper forms are associated with 0651–00xx Submissions Trademark Registration:

Responses Postage Total cost Item (yr) costs (yr) (a) (b) (a × b)

Use-Based Trademark/Service Mark Application, including; 21,392 $.37 $7,915.00 —Trademark/Service Mark Application —Collective Trademark/Service Mark Application —Collective Membership Mark —Certification Mark Application Intent to Use Trademark/Service Mark Application, including; 38,031 .37 14,071.00 —Trademark/Service Mark Application —Collective Trademark/Service Mark Application —Collective Membership Mark —Certification Mark Application Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including: 4,027 .37 1,490.00 —Trademark/Service Mark Application —Collective Trademark/Service Mark Application —Collective Membership Mark

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Responses Postage Total cost Item (yr) costs (yr) (a) (b) (a × b)

—Certification Mark Application

Totals 63,450 ...... $23,476.00

0651—00xx Substantive Submissions Made During Prosecution of the Trademark Application:

Responses Postage Total cost Item (yr) costs (yr) (a) (b) (a × b)

Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use) ...... 18,739 $.37 $6,933.00 Request for Extension of Time to File a Statement of Use ...... 30,348 .37 11,229.00 Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action ...... 1,900 .37 703.00 Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Re- quest ...... 1,900 .37 703.00 Request to Delete Section 1(b) Basis, Intent to Use ...... 235 .37 87.00 Request for Express Abandonment (Withdrawal) of Application ...... 1,115 .37 413.00 Request to Divide ...... 476 .37 176.00 Trademark Amendments/Corrections/Surrenders ...... 2,800 .37 1,036.00

Totals ...... 57,513 ...... 21,280.00

0651—00xx Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks):

Responses Postage Total cost Item (yr) costs (yr) (a) (b) (a × b)

Revocation of Power of Attorney and/or Appointment of Attorney (Power of Attorney) ...... 38,530 $.37 $14,256.00 Designation of Domestic Representative ...... 36,196 .37 13,393.00 Request for Permission to Withdraw as Attorney of Record ...... 645 .37 239.00 Change of Owner’s Address Form ...... 15,515 .37 5,741.00

Totals ...... 90,886 ...... 33,629.00

0651—00xx Post Registration (Trademark Processing):

Responses Postage Total cost Item (yr) costs (yr) (a) (b) (a × b)

Affidavit of Use of a Mark in Commerce Under § 8 ...... 12,330 $.37 $4,562.00 Combined Affidavit of Use in Commerce & Application for Renewal of Registration of a Mark Under §§ 8 & 9 ...... 12,330 .37 4,562.00 Affidavit of Incontestability of a Mark Under § 15 ...... 131 .37 48.00 Combined Affidavit of Use & Incontestability Under §§ 8 & 15 ...... 13,110 .37 4,851.00

Totals ...... 37,901 ...... 14,023.00

0651—00xx Trademark Petitions:

Responses Postage Total cost Item (yr) costs (yr) (a) (b) (a × b)

Other Petitions ...... 400 $.37 $148.00

Total ...... 400 ...... 148.00

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Filing fees of $146,674,175 are of the Trademark Application, $0 is associated with 0651–00xx Trademark associated with this collection. Of this associated with 0651–00xx Submissions Petitions for a new total of $146,674,175 total, $85,657,825 is associated with Regarding Correspondence and in filing fees for this collection, as 0651–0009 Applications for Trademark Regarding Attorney Representation follows: Registration, $23,118,950 is associated (Trademarks), $37,857,400 is associated 0651–0009 Application for with 0651–00xx Substantive with 0651–00xx Post Registration Trademark Registration: Submissions Made During Prosecution (Trademark Processing), and $40,000 is

Responses Total cost Item (yr) Filing fees (yr) (a) (b) (a × b)

Use-Based Trademark/Service Mark Application, including: 21,392 $375.00 $8,022,000.00 —Trademark/Service Mark Application ...... —Collective Trademark/Service Mark ...... —Application ...... —Collective Membership Mark ...... —Certification Mark Application ...... Electronic Use-Based Trademark/Service Mark Application, including: 64,176 325.00 20,857,200.00 —Trademark/Service Mark Application ...... —Collective Trademark/Service Mark Application ...... —Collective Membership Mark ...... —Certification Mark Application ...... Intent to Use Trademark/Service Mark Application, including: 38,031 375.00 14,261,625.00 —Trademark/Service Mark Application ...... —Collective Trademark/Service Mark Application ...... —Collective Membership Mark ...... —Certification Mark Application ...... Electronic Intent to Use Trademark/Service Mark Application, including: 114,092 325.00 37,079,900.00 —Trademark/Service Mark Application ...... —Collective Trademark/Service Mark Application ...... —Collective Membership Mark ...... —Certification Mark Application ...... Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including: 4,027 375.00 1,510,125.00 —Trademark/Service Mark Application ...... —Collective Trademark/Service Mark Application ...... —Collective Membership Mark ...... —Certification Mark Application ...... Electronic Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), in- cluding: 12,083 325.00 3,926,975.00 —Trademark/Service Mark Application ...... —Collective Trademark/Service Mark Application ...... —Collective Membership Mark ...... —Certification Mark Application ......

Totals ...... 253,801 ...... 85,657,825.00

0651–00xx Substantive Submissions Made During Prosecution of the Trademark Application:

Responses Total cost Item (yr) Filing fees (yr) (a) (b) (a × b)

Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use) ...... 18,739 $100.00 $1,873,900.00 Electronic Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use) ...... 43,726 100.00 4,372,600.00 Request for Extension of Time to File a Statement of Use ...... 30,348 150.00 4,552,200.00 Electronic Request for Extension of Time to File a Statement of Use ...... 70,811 150.00 10,621,650.00 Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action ...... 1,900 100.00 190,000.00 Electronic Petition to Revive Abandoned Application—Failure to Respond Timely to Office Ac- tion ...... 4,400 100.00 440,000.00 Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Exten- sion Request ...... 1,900 100.00 190,000.00 Electronic Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request ...... 4,400 100.00 440,000.00 Request to Delete Section 1(b) Basis, Intent to Use ...... 235 0.00 0.00 Electronic Request to Delete Section 1(b) Basis, Intent to Use ...... 550 0.00 0.00 Request for Express Abandonment (Withdrawal) of Application ...... 1,115 0.00 0.00 Electronic Request for Express Abandonment (Withdrawal) of Application ...... 3,600 0.00 0.00 Request to Divide ...... 476 100.00 47,600.00 Electronic Request to Divide ...... 1,110 100.00 111,000.00

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Responses Total cost Item (yr) Filing fees (yr) (a) (b) (a × b)

Trademark Amendments/Corrections/Surrenders ...... 2,800 100.00 280,000.00

Totals ...... 186,110 ...... 23,118,950.00

0651–00xx Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks):

Responses Total cost Item (yr) Filing fees (yr) (a) (b) (a × b)

Revocation of Power of Attorney and/or Appointment of Attorney (Power of Attorney) ...... 38,530 $0.00 $0.00 Electronic Revocation of Power of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative ...... 89,900 0.00 0.00 Designation of Domestic Representative ...... 36,196 0.00 0.00 Request for Permission to Withdraw as Attorney of Record ...... 645 0.00 0.00 Electronic Request for Permission to Withdraw as Attorney of Record ...... 1,500 0.00 0.00 Change of Owner’s Address Form ...... 15,515 0.00 0.00 Electronic Change of Owner’s Address ...... 36,196 0.00 0.00

Totals ...... 218,482 ...... 0.00

0651–00xx Post Registration (Trademarks):

Responses Total cost Item (yr) Filing fees (yr) (a) (b) (a × b)

Affidavit of Use of a Mark in Commerce Under § 8 ...... 12,330 $100.00 $1,233,000.00 Electronic Affidavit of Use of a Mark in Commerce Under § 8 ...... 28,770 100.00 2,877,000.00 Combined Affidavit of Use in Commerce & Application for Renewal of Registration of a Mark Under §§ 8 & 9 ...... 12,330 500.00 6,165,000.00 Electronic Combined Affidavit of Use in Commerce & Application for Renewal of Registration of a Mark Under §§ 8 & 9 ...... 28,770 500.00 14,385,000.00 Affidavit of Incontestability of a Mark Under § 15 ...... 131 200.00 26,200.00 Electronic Affidavit of Incontestability of a Mark Under § 15 ...... 306 200.00 61,200.00 Combined Affidavit of Use & Incontestability Under §§ 8 & 15 ...... 13,110 300.00 3,933,000.00 Electronic Combined Affidavit of Use & Incontestability Under §§ 8 & 15 ...... 30,590 300.00 9,177,000.00

Totals ...... 126,337 ...... 37,857,400.00

0651–00xx Trademark Petitions:

Responses Total cost Item (yr) Filing fees (yr) (a) (b) (a × b)

Other Petitions ...... 400 $100.00 $40,000.00

Total ...... 400 ...... 40,000.00 *Note: All filing fees are based on per class filing.

IV. Request for Comments ways to enhance the quality, utility, and approval of this information collection; clarity of the information to be they will also become a matter of public Comments are invited on: (a) Whether collected; and (d) ways to minimize the record. the proposed collection of information burden of the collection of information is necessary for the proper performance of the functions of the agency, including on respondents, e.g., the use of whether the information shall have automated collection techniques or practical utility; (b) the accuracy of the other forms of information technology. agency’s estimate of the burden Comments submitted in response to (including hours and cost) of the this notice will be summarized or proposed collection of information; (c) included in the request for OMB

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Dated: February 10, 2005. FOR FURTHER INFORMATION CONTACT: Jerry Antibody Protective Against Susan K. Brown, Olson, Contract Policy Division, GSA Plasmodium Vivax Malaria’’ issued 4 Records Officer, U.S. Patent and Trademark (202) 501–3221. June 2002. The present invention relates Office, Office of the Chief Information Officer, ADDRESSES: Submit comments regarding to the field of development of Office of Data Architecture and Services, Data this burden estimate or any other aspect immunochromatographic of dipstick Administration Division. of this collection of information, assays for detection of Pv210 Antigen in [FR Doc. 05–3048 Filed 2–16–05; 8:45 am] including suggestions for reducing this Vectoring Mosquitoes. BILLING CODE 3510–16–P burden to the General Services DATES: Anyone wishing to object to the Administration, FAR Secretariat (VIR), grant of this license has fifteen (15) days 1800 F Street, NW, Room 4035, from the date of this notice to file DEPARTMENT OF DEFENSE Washington, DC 20405. Please cite OMB written objections along with Control No. 9000–0013, Cost or Pricing supporting evidence, if any. Written GENERAL SERVICES Data Requirements and Information objections are to be filed with the Office ADMINISTRATION Other Than Cost Pricing Data, in all of Technology Transfer, Naval Medical correspondence. Research Center, 503 Robert Grant Ave., NATIONAL AERONAUTICS AND SUPPLEMENTARY INFORMATION: Silver Spring, MD 20910–7500 SPACE ADMINISTRATION telephone (301) 319–7428. A. Purpose [OMB Control No. 9000–0013] ADDRESSES: Written objections are to be The Truth in Negotiations Act filed with the Office of Technology Federal Acquisition Regulation; requires the Government to obtain Transfer, Naval Medical Research Submission for OMB Review; Cost or certified cost or pricing data under Center, 503 Robert Grant Ave., Silver Pricing Data Requirements and certain circumstances. Contractors may Spring, MD 20910–7500. Information Other Than Cost or Pricing request an exemption from this FOR FURTHER INFORMATION CONTACT: Dr. Data requirement under certain conditions Charles Schlagel, Director, Office of and provide other information instead. Technology Transfer, Naval Medical AGENCIES: Department of Defense (DOD), Research Center, 503 Robert Grant Ave, General Services Administration (GSA), B. Annual Reporting Burden Silver Spring, MD 20910–7500, and National Aeronautics and Space Respondents: 33,332. telephone (301) 319–7428 or E-Mail at: Administration (NASA). Responses Per Respondent: 6. [email protected]. ACTION: Notice of request for public Total Responses:: 199,992. comments regarding an extension to an Hours Per Response: 50.51. Dated: February 8, 2005. Total Burden Hours: 10,101,684. existing OMB clearance (9000–0013). I.C. Le Moyne, Jr., Obtaining Copies of Proposals: Lieutenant, Judge Advocate General’s Corps, SUMMARY: Under the provisions of the Requesters may obtain a copy of the U.S. Navy, Alternate Federal Register Liaison Paperwork Reduction Act of 1995 (44 information collection documents from Officer. U.S.C. Chapter 35), the Federal the General Services Administration, [FR Doc. 05–3043 Filed 2–16–05; 8:45 am] Acquisition Regulation (FAR) FAR Secretariat (VIR), 1800 F Street, BILLING CODE 3810–FF–P Secretariat will be submitting to the NW, Room 4035, Washington, DC Office of Management and Budget 20405, telephone (202) 501–4755. Please (OMB) a request to review and approve cite OMB Control No. 9000–0013, Cost an extension of a currently approved or Pricing Data Requirements and DEPARTMENT OF EDUCATION information collection requirement Information Other Than Cost Pricing Data, in all correspondence. Office of Elementary and Secondary concerning cost or pricing data Education; Overview Information, requirements and information other Dated: February 11, 2005. William F. Goodling Even Start Family than cost or pricing data. A request for Julia B. Wise Literacy Programs—Grants for Indian public comments was published in the Acting Director, Contract Policy Division. Tribes and Tribal Organizations; Notice Federal Register at 69 FR 75935, on [FR Doc. 05–3058 Filed 2–16–05; 8:45 am] Inviting Applications for New Awards December 20, 2004. No comments were BILLING CODE 6820–EP–S in Fiscal Year (FY) 2005 received. Public comments are particularly Catalog of Federal Domestic invited on: Whether this collection of DEPARTMENT OF DEFENSE Assistance (CFDA) Number: 84.258A. information is necessary for the proper DATES: Applications Available: February performance of functions of the FAR, Department of the Navy 18, 2005. and whether it will have practical Deadline for Transmittal of utility; whether our estimate of the Notice of Intent To Grant an Exclusive Applications: April 11, 2005. public burden of this collection of Patent License; Vector Test Systems, Eligible Applicants: Federally information is accurate, and based on Inc. recognized Indian tribes and tribal valid assumptions and methodology; AGENCY: Department of the Navy, DoD. organizations. Applicable definitions of ways to enhance the quality, utility, and ACTION: Notice. the terms ‘‘Indian tribe’’ and ‘‘tribal clarity of the information to be organization’’ are in section 4 of the collected; and ways in which we can SUMMARY: The Department of the Navy Indian Self-Determination and minimize the burden of the collection of hereby gives notice of its intent to grant Education Assistance Act, 25 U.S.C. information on those who are to to Vector Test Systems, Inc., a 450b. respond, through the use of appropriate revocable, nonassignable, exclusive Estimated Available Funds: technological collection techniques or license to practice worldwide the $4,975,000. Contingent upon the other forms of information technology. Government owned inventions availability of funds and quality of DATES: Submit comments on or before described in U.S. Patent Number 6, 399, applications we may make additional March 21, 2005. 062 entitled ‘‘Murine Monoclonal awards in subsequent years from the list

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of unfunded applicants from this provided in a center are more likely to III. Eligibility Information competition. be intensive and, therefore, more likely 1. Eligible Applicants: Federally Estimated Range of Awards: to result in significant learning recognized Indian tribes and tribal $150,000–$250,000 per year. outcomes than non-center-based organizations. Applicable definitions of Estimated Average Size of Awards: services. For example, the Third the terms ‘‘Indian tribe’’ and ‘‘tribal $200,000 per year. National Even Start Evaluation showed organization’’ are in section 4 of the Estimated Number of Awards: 20–33. that children who participated more Indian Self-Determination and Note: The Department is not bound by any intensively in early childhood Education Assistance Act, 25 U.S.C. estimates in this notice. education scored higher on 450b. Project Period: Up to 48 months. standardized literacy skills. A center is 2. Cost Sharing or Matching: Cost defined, for the purpose of this sharing requirements for these grants are Full Text of Announcement competition, as a place where early detailed in section 1234(b) of the I. Funding Opportunity Description childhood educational services can be Elementary and Secondary Education provided to a group of children from Act of 1965, as amended by the No Purpose of Program: The William F. multiple households. Child Left Behind Act of 2001 (ESEA). Goodling Even Start Family Literacy 3. Other: In general, a family is Invitational Priority 2—Early Programs (Even Start), including the eligible to participate in an Even Start Childhood Education Services Provided grants for Indian tribes and tribal project for Indian tribes and tribal for Minimum of a 3-year Age Range organizations, are intended to help organizations if they qualify under the break the cycle of poverty and illiteracy The Secretary is especially interested following requirements: (a) the parent(s) by improving the educational in Even Start tribal projects that provide is eligible to participate in adult opportunities of low-income families by early childhood education services for education and literacy activities under integrating early childhood education, children for at least a 3-year age range, the Adult Education and Family adult literacy or adult basic education, which may begin at birth, in order to Literacy Act, the parent(s) is within the and parenting education into a unified enhance the early language, literacy, State’s compulsory school attendance family literacy program. These programs and early reading development of age range (in which case a local are implemented through cooperative preschool-age children. educational agency must provide or activities that: build on high-quality ensure the availability of the basic existing community resources to create Under the statutory requirements that apply to the State-administered Even education component), or the parent(s) a new range of educational services for is attending secondary school; and (b) most-in-need families; promote the Start Family Literacy program, local programs must serve a 3-year age range the child (or children) is younger than academic achievement of children and eight years of age. More specific adults; assist children from low-income of children, which may begin at birth. This priority would encourage tribal information on family eligibility is families to meet challenging State contained in section 1236 of the ESEA. content and student achievement Even Start programs to serve a similar standards; and use instructional age range in order to enhance early IV. Application and Submission programs that are based on scientifically language, literacy, and early reading Information based reading research and on the development of preschool-age children. 1. Address to Request Application prevention of reading difficulties for Program Authority: 20 U.S.C. Package: You may obtain an application children and adults, to the extent such 6381a(a)(1)(C). package via the Internet or from the research is available. A description of Applicable Regulations: The Education Publications Center (ED the required fifteen program elements Pubs). To obtain an application via the Education Department General for which funds must be used is Internet, use the following address: Administrative Regulations (EDGAR) in included in the application package. http://www.ed.gov/programs/ 34 CFR parts 75, 77, 80, 81, 82, 84, 85, Priorities: Under this competition we evenstartindian/applicant.html. To 86, 97, 98, and 99. are particularly interested in obtain a copy from ED Pubs, write or applications that address the following Note: The regulations in 34 CFR part 86 call the following: Education invitational priorities. apply to institutions of higher education Publications Center, P.O. Box 1398, Invitational Priorities: For FY 2005 only. Jessup, MD 20794–1398. Telephone (toll and any subsequent year in which we free): 1–877–433–7827. Fax: (301) 470– II. Award Information make awards from the list of unfunded 1244. If you use a telecommunications applicants from this competition, these Type of Award: Discretionary grant. device for the deaf (TDD), you may call priorities are invitational priorities. Estimated Available Funds: (toll-free): 1–800–576–7734. Under 34 CFR 75.105(c)(1) we do not $4,975,000. Contingent upon the You may also contact ED Pubs at its give an application that meets these availability of funds and quality of Web site: http://www.ed.gov/pubs/ invitational priorities a competitive or applications we may make additional edpubs.html or you may contact ED Pubs at its e-mail address: absolute preference over other awards in subsequent years from the list [email protected]. applications. of unfunded applicants from this These priorities are: If you request an application package competition. from ED Pubs, be sure to identify this Invitational Priority 1—Early Estimated Range of Awards: competition as follows: CFDA number Childhood Education Service in a $150,000–$250,000 per year. 84.258A. Group Setting Estimated Average Size of Awards: Individuals with disabilities may The Secretary is especially interested $200,000 per year. obtain a copy of the application package in programs that offer center-based early Estimated Number of Awards: 20–33. in an alternative format (e.g., Braille, childhood education services. large print, audiotape, or computer Note: The Department is not bound by any The research in early childhood estimates in this notice. diskette) by contacting the program education shows that educational contact person listed in section VII of services for young children that are Project Period: Up to 48 months. this notice.

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2. Content and Form of Application Our reviewers will not read any pages While completing your electronic Submission: Requirements concerning of your application that— application, you will be entering data the content of the application, together • Exceed the page limits if you apply online that will be saved into a with the forms you must submit, are in these standards; or database. You may not e-mail an the application package for this • Exceed the equivalent of the page electronic copy of a grant application to competition. limits if you apply other standards. us. Page and Appendices Limits: The In addition, our reviewers will not Please note the following: application narrative (Part III of the read or view any Appendices or • Your participation in e-Application application) is where you, the applicant, enclosures (including non-print is voluntary. address the selection criteria that materials such as videotapes or CDs) • You must complete the electronic reviewers use to evaluate your other than those described in this notice submission of your grant application by application. You must limit the and the application package. 4:30 p.m., Washington, DC time, on the narrative in Part III of the application to 3. Submission Dates and Times: application deadline date. The e- the equivalent of no more than 25 typed Applications Available: February 18, Application system will not accept an pages. Part IV of the application is 2005. application for this competition after where you, the applicant, provide a Deadline for Transmittal of 4:30 p.m., Washington, DC time, on the budget narrative that reviewers use to Applications: April 11, 2005. application deadline date. Therefore, we evaluate your application. You must Applications for grants under this strongly recommend that you do not limit the budget narrative in Part IV of program may be submitted wait until the application deadline date the application to the equivalent of no electronically using the Electronic Grant Application System (e-Application) to begin the application process. more than 3 typed pages. For all page • limits, use the following standards: accessible through the Department’s e- The regular hours of operation of • The page limits do not apply to: the Grants system, or in paper format by the e-Grants Web site are 6 a.m. Monday cover sheet; the one-page abstract; the mail or hand delivery. For information until 7 p.m. Wednesday; and 6 a.m. budget forms; assurances and (including dates and times) about how Thursday until midnight Saturday, certifications (included in Section E of to submit your application Washington, DC time. Please note that the application package); and the electronically, or by mail or hand the system is unavailable on Sundays, endnotes included as an Appendix for delivery, please refer to section IV. 6. and between 7 p.m. on Wednesdays and Part III of your application (see section Other Submission Requirements in this 6 a.m. on Thursdays, Washington, DC C of the application package). notice. time, for maintenance. Any • A ‘‘page’’ is 8.5″ x 11″, on one side We do not consider an application modifications to these hours are posted only, with 1″ margins at the top, bottom, that does not comply with the deadline on the e-Grants Web site. and both sides. requirements. • You will not receive additional • Double space (no more than three 4. Intergovernmental Review: This point value because you submit your lines per vertical inch) all text in the program is not subject to Executive application in electronic format, nor application and budget narratives, Order 12372 and the regulations in 34 will we penalize you if you submit your including titles, headings, footnotes, CFR part 79. application in paper format. quotations, references, and captions. 5. Funding Restrictions: Recipients of • You must submit all documents Text in tables, charts, graphs, and the an Even Start Indian tribe and tribal electronically, including the limited Appendices may be single organization grant may not use funds Application for Federal Education spaced. awarded under this competition for the Assistance (ED 424), Budget • Use a font that is either 12 point or indirect costs of a project, or claim Information—Non-Construction larger or no smaller than 10 pitch indirect costs as part of the local project Programs (ED 524), and all necessary (characters per inch). You may use other share. (Section 1234(b)(3) of the ESEA) assurances and certifications. point fonts for any tables, charts, graphs, Grant recipients may request that the • Any narrative sections of your and the limited Appendices, but those Secretary waive this requirement under application should be attached as files tables, charts, graphs and limited appropriate circumstances. To obtain a in a .DOC (document), .RTF (rich text), Appendices should be in a font size that waiver, a recipient must demonstrate to or .PDF (Portable Document) format. is easily readable by the reviewers of the Secretary’s satisfaction that the • Your electronic application must your application. recipient otherwise would not be able to • comply with any page limit Any tables, charts, or graphs are participate in the Even Start program. requirements described in this notice. included in the overall application (Section 1234(b)(2) of the ESEA.) • Prior to submitting your electronic narrative and budget narrative page Information about requesting a waiver is application, you may wish to print a limits. The limited Appendices are not in the application package. We reference copy of it for your records. part of these page limits. regulations outlining additional funding • • Appendices are limited to the restrictions in the Applicable After you electronically submit following: the curriculum vitae or Regulations section of this notice. your application, you will receive an position descriptions of no more than 5 6. Other Submission Requirements: automatic acknowledgement that will people (including key contract Applications for grants under this include a PR/Award number (an personnel and consultants); and program may be submitted identifying number unique to your endnote citations of no more than 2 electronically or in paper format by mail application). • pages for the scientifically based reading or hand delivery. Within three working days after research upon which your instructional a. Electronic Submission of submitting your electronic application, programs are based. Applications. If you submit your fax a signed copy of the ED 424 to the • Other application materials are application to us electronically, you Application Control Center after limited to the specific materials must use e-Application available following these steps: indicated in the application package through the Department’s e-Grants 1. Print ED 424 from e-Application. and may not include any video or other system, accessible through the e-Grants 2. The applicant’s Authorizing non-print materials. portal page at: http://e-grants.ed.gov. Representative must sign this form.

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3. Place the PR/Award number in the By mail through the U.S. Postal 2. The Application Control Center upper right hand corner of the hard- Service: U.S. Department of Education, will mail a grant application receipt copy signature page of the ED 424. Application Control Center, Attention: acknowledgment to you. If you do not 4. Fax the signed ED 424 to the (CFDA Number 84.258A), 400 Maryland receive the grant application receipt Application Control Avenue, SW., Washington, DC 20202– acknowledgement within 15 business Center at (202) 245–6272. 4260; or days from the application deadline date, • We may request that you provide us By mail through a commercial carrier: you should call the U.S. Department of original signatures on other forms at a U.S. Department of Education, Education Application Control Center at later date. Application Control Center—Stop 4260, (202) 245–6288. Application Deadline Date Extension Attention: (CFDA Number 84.258A), V. Application Review Information in Case of System Unavailability: If you 7100 Old Landover Road, Landover, MD are prevented from electronically 20785–1506. 1. Selection Criteria: The following submitting your application on the Regardless of which address you use, selection criteria for this competition application deadline date because the e- you must show proof of mailing are from 34 CFR 75.210 of EDGAR. Application system is unavailable, we consisting of one of the following: Further information about each of these will grant you an extension of one (1) A legibly dated U.S. Postal Service selection criteria is in the application business day in order to transmit your postmark, package. The maximum score for each application electronically, by mail, or by (2) A legible mail receipt with the criterion is indicated in parentheses hand delivery. We will grant this date of mailing stamped by the U.S. after each criterion. extension if— Postal Service, (a) Quality of the project design. (30 1. You are a registered user of e- (3) A dated shipping label, invoice, or points) The Secretary considers the Application, and you have initiated an receipt from a commercial carrier, or quality of the design of the proposed e-Application for this competition; and (4) Any other proof of mailing project. In determining the quality of the 2. (a) The e-Application system is acceptable to the Secretary of the U.S. design of the proposed project, the unavailable for 60 minutes or more Department of Education. Secretary considers the following between the hours of 8:30 a.m. and 3:30 If you mail your application through factors: p.m., Washington, DC time, on the the U.S. Postal Service, we do not (1) The extent to which the design of application deadline date; or accept either of the following as proof the proposed project is appropriate to, (b) The e-Application system is of mailing: and will successfully address, the needs unavailable for any period of time (1) A private metered postmark, or of the target population or other between 3:30 p.m. and 4:30 p.m., (2) A mail receipt that is not dated by identified needs. (34 CFR Washington, DC time, on the the U.S. Postal Service. 75.210(c)(2)(ii)) application deadline date. If your application is postmarked after (2) The extent to which the design of We must acknowledge and confirm the application deadline date, we will the proposed project reflects up-to-date these periods of unavailability before not consider your application. knowledge from research and effective granting you an extension. To request practice. (34 CFR 75.210(c)(2)(xiii)) this extension or to confirm our Note: The U.S. Postal Service does not (3) The extent to which the proposed acknowledgement of any system uniformly provide a dated postmark. Before project will establish linkages with unavailability, you may contact either relying on this method, you should check with your local post office. other appropriate agencies and (1) the person listed elsewhere in this organizations providing services to the notice under FOR FURTHER INFORMATION c. Submission of Paper Applications target population. (34 CFR CONTACT (see section VII. Agency by Hand Delivery. 75.210(c)(2)(xvii)) Contact) or (2) the e-Grants help desk at If you submit your application in (b) Quality of project services. (25 1–888–336–8930. If the system is down paper format by hand delivery, you (or points) The Secretary considers the and therefore the application deadline is a courier service) must deliver the quality of the services to be provided by extended, an e-mail will be sent to all original and two copies of your the proposed project. In determining the registered users who have initiated an e- application by hand, on or before the quality of the services to be provided by Application. application deadline date, to the the proposed project, the Secretary Extensions referred to in this section Department at the following address: considers the quality and sufficiency of apply only to the unavailability of the U.S. Department of Education, strategies for ensuring equal access and Department’s e-Application system. If Application Control Center, Attention: treatment for eligible project the e-Application system is available, (CFDA Number 84.258A), 550 12th participants who are members of groups and, for any reason, you are unable to Street, SW., Room 7041, Potomac Center that have traditionally been submit your application electronically Plaza, Washington, DC 20202–4260. underrepresented based on race, color, or you do not receive an automatic The Application Control Center national origin, gender, age, or acknowledgement of your submission, accepts hand deliveries daily between 8 disability. (34 CFR 75.210(d)(2)) In you may submit your application in a.m. and 4:30 p.m., Washington, DC addition, the Secretary considers the paper format by mail or hand delivery time, except Saturdays, Sundays and following factors: in accordance with the instructions in Federal holidays. (1) The extent to which the training or this notice. Note for Mail or Hand Delivery of professional development services to be b. Submission of Paper Applications Paper Applications: If you mail or hand provided by the proposed project are of by Mail. If you submit your application deliver your application to the sufficient quality, intensity, and in paper format by mail (through the Department: duration to lead to improvements in U.S. Postal Service or a commercial 1. You must indicate on the envelope practice among the recipients of those carrier), you must mail the original and and—if not provided by the services. (34 CFR 75.210(d)(3)(v)) two copies of your application, on or Department—in Item 4 of the ED 424 the (2) The likelihood that the services to before the application deadline date, to CFDA number—and suffix letter, if be provided by the proposed project the Department at the applicable any—of the competition under which will lead to improvements in the following address: you are submitting your application. achievement of students as measured

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against rigorous academic standards. (34 evaluation, the Secretary considers the (2) percentage of Even Start adults with CFR 75.210(d)(3)(vii)) following factors: a high school completion goal or a (3) The extent to which the services (1) The extent to which the methods percentage of those with a General to be provided by the proposed project of evaluation are thorough, feasible, and Equivalency Diploma (GED) attainment involve the collaboration of appropriate appropriate to the goals, objectives, and goal who earn a high school diploma or partners for maximizing the outcomes of the proposed project. (34 equivalent; (3) percentage of Even Start effectiveness of project services. (34 CFR CFR 75.210(h)(2)(i)) children entering kindergarten who 75.210(d)(3)(ix)) (2) The extent to which the methods demonstrate age-appropriate (c) Quality of project personnel. (10 of evaluation will provide performance development of receptive language as points) The Secretary considers the feedback and permit periodic measured by the Peabody Picture quality of the personnel who will carry assessment of progress toward achieving Vocabulary Test-III (PPVT-III); and (4) out the proposed project. In determining intended outcomes. (34 CFR the average number of letters that Even the quality of project personnel, the 75.210(h)(2)(vi)) Start children are able to identify as Secretary considers the extent to which VI. Award Administration Information measured by the Uppercase Letter the applicant encourages applications Naming subtask on the PALS Pre-K for employment from persons who are 1. Award Notices: If your application assessment. All grantees will be members of groups that have is successful, we notify your U.S. expected to submit an annual traditionally been underrepresented Representative and U.S. Senators and performance report documenting their based on race, color, national origin, send you a Grant Award Notification success in addressing these performance gender, age, or disability. (34 CFR (GAN). We may also notify you measures. 75.210(e)(2)) In addition, the Secretary informally. If your application is not evaluated or VII. Agency Contact considers the following factors: not selected for funding, we notify you. FOR FURTHER INFORMATION CONTACT: (1) The qualifications, including 2. Administrative and National Policy relevant training and experience, of the Requirements: We identify Doris Sligh, U.S. Department of project director or principal administrative and national policy Education, 400 Maryland Avenue, SW., investigator. (34 CFR 75.210(e)(3)(i)) requirements in the application package room 3W246, Washington, DC 20202– (2) The qualifications, including and reference these and other 6132. Telephone: (202) 260–0968, or by relevant training and experience, of key requirements in the Applicable e-mail: [email protected]. If you use a telecommunications project personnel. (34 CFR Regulations section of this notice. 75.210(e)(3)(ii)) We reference the regulations outlining device for the deaf (TDD), you may call (3) The qualifications, including the terms and conditions of an award in the Federal Relay Service (FRS) at 1– relevant training and experience, of the Applicable Regulations section of 800–877–8339. Individuals with disabilities may project consultants or subcontractors. this notice and include these and other obtain this document in an alternative (34 CFR 75.210(e)(2)(iii)) specific conditions in the GAN. The format (e.g., Braille, large print, (d) Adequacy of resources. (10 points) GAN also incorporates your approved audiotape, or computer diskette) on The Secretary considers the adequacy of application as part of your binding request to the program contact person resources for the proposed project. In commitments under the grant. determining the adequacy of resources 3. Reporting: At the end of your listed in this section. for the proposed project, the Secretary project period, you must submit a final VIII. Other Information considers the following factors: performance report, including financial Electronic Access to This Document: (1) The adequacy of support, information, as directed by the You may view this document, as well as including facilities, equipment, Secretary. If you receive a multi-year all other documents of this Department supplies, and other resources, from the award, you must submit an annual published in the Federal Register, in applicant organization or the lead performance report that provides the text or Adobe Portable Document applicant organization. (34 CFR most current performance and financial Format (PDF) on the Internet at the 75.210(f)(2)(i)) expenditure information as specified by following site: http://www.ed.gov/news/ (2) The extent to which the budget is the Secretary in 34 CFR 75.118. For fedregister. adequate to support the proposed specific requirements on grantee To use PDF you must have Adobe project. (34 CFR 75.210(f)(2)(iii)) reporting, please go to: http:// Acrobat Reader, which is available free (e) Quality of the management plan. www.ed.gov/fund/grant/apply/ at this site. If you have questions about (10 points) The Secretary considers the appforms/appforms.html. using PDF, call the U.S. Government quality of the management plan for the 4. Performance Measures: Under the Printing Office (GPO), toll free, at 1– proposed project. In determining the Government Performance and Results 888–293–6498; or in the Washington, quality of the management plan for the Act (GPRA), the Secretary has DC area at (202) 512–1530. proposed project, the Secretary established the following measures for considers the adequacy of the evaluating the overall effectiveness of Note: The official version of this document management plan to achieve the the Even Start program, which Tribal is the document published in the Federal Register. Free Internet access to the official objectives of the proposed project on Even Start projects are expected to use: edition of the Federal Register and the Code time and within budget, including (1) Percentage of adults who achieve of Federal Regulations is available on GPO clearly defined responsibilities, significant learning gains on measures Access at: http://www.gpoaccess.gov/nara/ timelines, and milestones for of literacy, and percentage of limited index.html. accomplishing project tasks. (34 CFR English proficient (LEP) adults who 75.210(g)(2)(i)) achieve significant learning gains on Dated: February 11, 2005. (f) Quality of the project evaluation. measures of English language Raymond Simon, (15 points) The Secretary considers the acquisition, as measured by the Assistant Secretary for Elementary and quality of the evaluation to be Comprehensive Adult Student Secondary Education. conducted of the proposed project. In Assessment System (CASAS) or the [FR Doc. E5–657 Filed 2–16–05; 8:45 am] determining the quality of the Tests of Adult Basic Education (TABE); BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY by fax at 301–903–9061 or by e-mail EPA ICR No. 1230.17; Prevention of at [email protected]. Significant Deterioration Non- Agency Information Collection FOR FURTHER INFORMATION CONTACT: Attainment Area New Sources Review Extension Requests for additional information or (Renewal); in 40 CFR 51.160 to 51.166; 40 CFR 52.21; 40 CFR 52.24; was AGENCY: U.S. Department of Energy. copies of the information collection instrument and instructions should be approved 01/25/2005; OMB Number ACTION: Notice and request for directed to Mary R. Anderson at the 2060–0003; expires 01/31/2008. comments. address listed in ADDRESSES. EPA ICR No. 1718.06; Recordkeeping and Reporting for the Fuel Quality SUMMARY: The Department of Energy SUPPLEMENTARY INFORMATION: This package contains: (1) OMB No.: 1910– Regulations for Diesel Fuel Sold in 2001 (DOE), pursuant to the Paperwork & Later Years; for Tax-Exempt (Dyed) Reduction Act of 1995, intends to 0100; (2) Package Title: Printing and Publishing Activities; (3) Type of Highway Diesel Fuel; & Nonroad extend for three years, an information Locomotive & Marine Diesel Fuel; in 40 collection package with the Office of Review: renewal; (4) Purpose: The collection of the data is a Joint CFR 80.29, 80.240, 80.530–80.532, Management and Budget (OMB) 80.535–80.536, 80.550–80.555, 80.560– concerning printing and publishing Committee on Printing (JCP) requirement; (5) Respondents: 336; (6) 80.561, 80.590–80.594, 80.597, 80.600– activities. The collection package 1910– 80.604, 80.607 and 80.62; was approved 0100 is formerly known as the Estimated Number of Burden Hours: 947. 01/07/2005; OMB Number 2060–0308; ‘‘Information Management’’ collection. expires 01/31/2008. Data collected under this package is Statutory Authority: Title V: Joint EPA ICR No. 1722.04; Emission Committee on Printing Report Forms. used to ensure that the Department’s Certification and Compliance information resources are properly Issued in Washington, DC, on February 11, Requirements for Marine Spark-ignition managed. The Department of Energy is 2005. Engines (Renewal); in 40 CFR part 91, required to submit an annual report to Sharon A. Evelin, subparts B and C; was approved 01/07/ the Joint Committee on Printing (JCP) Director, Records Management Division, 2005; OMB Number 2060–0321; expires regarding its printing activities. The Office of the Chief Information Officer. 01/31/2008. Department reports on information [FR Doc. 05–3067 Filed 2–16–05; 8:45 am] EPA ICR No. 2151.01; Obtaining gathered and compiled from its facilities BILLING CODE 6450–01–P Feedback on Public Involvement nationwide on the usage of in-house Activities and Processes; was approved printing and duplication facilities as 01/10/2005; OMB Number 2010–0039; well as all printing procedure from ENVIRONMENTAL PROTECTION expires 01/31/2008. external vendors. Comments are invited AGENCY EPA ICR No. 1367.07; Regulation of on: (a) Whether the extended collection Fuels and Fuel Additives: Gasoline of information is necessary for the [FRL–7874–3] Volatility; in 40 CFR 80.27; was proper performance of the functions of Agency Information Collection approved 01/19/2005; OMB Number the agency, including whether the Activities; OMB Responses 2060–0178; expires 01/31/2008. information shall have practical utility; EPA ICR No. 1360.07; Underground (b) the accuracy of the agency’s estimate AGENCY: Environmental Protection Storage Tanks: Technical and Financial of the burden of the proposed collection Agency (EPA). Requirements, and State Program of information, including the validity of ACTION: Notice. Approval Procedures (Renewal); in 40 the methodology and assumptions used; CFR part 280; 40 CFR part 281; was (c) ways to enhance the quality, utility, SUMMARY: This document announces the approved 01/24/2005; OMB Number and clarity of the information to be Office of Management and Budget’s 2050–0068; expires 01/31/2008. collected; and (d) ways to minimize the (OMB) responses to Agency clearance EPA ICR No. 1189.14; Identification, burden of the collection of information requests, in compliance with the Listing and Rulemaking Petitions on respondents, including through the Paperwork Reduction Act (44 U.S.C. (Renewal); in 40 CFR 260.20–260.22, 40 use of automated collection techniques 3501 et seq.). An agency may not CFR 260.31–260.33, 40 CFR 261.3(a)– or other forms of information conduct or sponsor, and a person is not (c), 40 CFR 261.31, 40 CFR 261.35, 40 technology. required to respond to, a collection of CFR 261.4; was approved 01/24/2005; information unless it displays a DATES: Comments regarding this OMB Number 2050–0053 expires 01/31/ currently valid OMB control number. 2008. proposed information collection must The OMB control numbers for EPA’s be received on or before April 18, 2005. EPA ICR No. 0820.09; Hazardous regulations are listed in 40 CFR part 9 Waste Generator Standards; in 40 CFR If you anticipate difficulty in submitting and 48 CFR chapter 15. comments within that period, contact part 262; was approved 01/31/2005; FOR FURTHER INFORMATION CONTACT: the person listed below as soon as OMB Number 2050–0035; expires 01/ possible. Susan Auby (202) 566–1672, or e-mail at 31/2008 [email protected] and please refer to EPA ICR No. 1365.07; Asbestos- ADDRESSES: Written comments may be the appropriate EPA Information Containing Materials in Schools Rule sent to: Collection Request (ICR) Number. and Revised Asbestos Model Mary R. Anderson, ME–42, U.S. SUPPLEMENTARY INFORMATION: Accreditation Plan Rule; in 40 CFR part Department of Energy, 1000 763, subpart E; was approved 01/31/ Independence Avenue, SW., OMB Responses to Agency Clearance 2005; OMB Number 2070–0091; expires Washington, DC 20585; or by fax at Requests 01/31/2008. (202) 586–5460 or by e-mail at OMB Approvals EPA ICR No. 1352.10; Community [email protected] and to EPA ICR No. 1655.05; Regulation of Right-to-Know Reporting Requirements Sharon A. Evelin, Director, IM–11/ Fuels and Fuel Additives; Detergent Under Sections 311 and 312 of the Germantown Bldg., U.S. Department Gasoline; in 40 CFR part 80, subpart G; Emergency Planning and Community of Energy, 1000 Independence Ave, was approved 01/14/2005; OMB Right-to-Know Act (EPCRA) (Renewal); SW., Washington, DC 20585–1290; or Number 2060–0275; expires 01/31/2008. in 40 CFR part 370; was approved 01/

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31/2005; OMB Number 2050–0072; collection of information, including any DEPARTMENT OF HEALTH AND expires 01/31/2008. of the following subjects: (1) The HUMAN SERVICES EPA ICR No. 0661.08; NSPS for necessity and utility of the proposed Asphalt Processing and Roofing information collection for the proper Announcement of Anticipated Manufacture; in 40 CFR part 60, subpart performance of the agency’s functions; Availability of Funds for Family UU; was approved 01/26/2005; OMB (2) the accuracy of the estimated Planning Services Grants Number 2060–0002; expires 01/31/2008. burden; (3) ways to enhance the quality, EPA ICR No. 1051.09; NSPS for utility, and clarity of the information to AGENCY: Department of Health and Portland Cement Plants; in 40 CFR part be collected; and (4) the use of Human Services, Office of the Secretary. 60, subpart F; was approved 01/26/ automated collection techniques or ACTION: 2005; OMB Number 2060–0025; expires other forms of information technology to Notice; correction. 01/31/2008. minimize the information collection SUMMARY: The Office of Population Short Term Extensions burden. Type of Information Collection Affairs, Office of Public Health and EPA ICR No. 2052.01; Information Request: New Collection, Regular. Science, Department of Health and Collection Request for Long Term 1 Title of Information Collection: Human Services, published a notice in Enhanced Surface Water Treatment Rule Homeless Women Veterans Survey. the Federal Register July 7, 2004, (Final Rule); OMB Number 2040–0229; Form/OMB No.: OS–0990–New. announcing the anticipated availability on 01/27/2005 OMB extended the Use: This information will be used to of funds for family planning services expiration date to 07/31/2005. assess and identify the issues and grants. This notice contained an error. EPA ICR No. 1897.04; Information problems of homelessness among An eligible Population/area was not Requirements for Marine Diesel Engines women veterans, and to develop listed as available for competition in (Nonroad Large SI Engines and Marine programs to better meet their gender 2005. A document correcting the Diesel Engines) (Amendments) (Final specific needs. Rule); OMB Number 2060–0460; on 01/ Frequency: Reporting and on omission of the Seattle, Washington 28/2005 OMB extended the expiration occasion. Population/area as competitive in 2005 date to 04/30/2005. Affected Public: Individuals or was published in the Federal Register households. August 10, 2004. Later, two additional Disapproved and Continue Annual Number of Respondents: 30. Populations/areas, Illinois, Chicago area EPA ICR No. 0783.45; Vehicle Total Annual Responses: 30. and Arizona, Navajo Nation, became Emission Certification and Fuel Average Burden Per Response: 1 hour. available for competition in 2005. A Economy Compliance (Final Rule for Total Annual Hours: 30. second correction notice was published Service Information); OMB Number To obtain copies of the supporting in the Federal Register November 22, 2060–0104; was withdrawn on 01/14/ statement and any related forms for the 2004, which included all Populations/ 2005. proposed paperwork collections areas available for competition in 2005. referenced above, access the HHS Web Dated: February 10, 2005. site address at http://www.hhs.gov/ Since that time, it has been Oscar Morales, oirm/infocollect/pending/ or e-mail your recognized that the project period start Director, Collection Strategies Division. request, including your address, phone date indicated in Table I for the Seattle, [FR Doc. 05–3061 Filed 2–16–05; 8:45 am] number, OMB number, and OS Washington Population/area is BILLING CODE 6560–50–P document identifier, to incorrect. This notice corrects the [email protected], or call the Reports project period start date to 09/30/2005 Clearance Office on (202) 690–6162. for the FY 2005 competitive year. DEPARTMENT OF HEALTH AND Written comments and However, the first year of the project HUMAN SERVICES recommendations for the proposed period beginning 09/30/2005 will be information collections must be mailed abbreviated. The budget period for the Office of the Secretary within 60 days of this notice directly to 01-year will end on 06/30/2006. In [Document Identifier: OS–0990–New] the OS Paperwork Clearance Officer subsequent years, the annualized budget designated at the following address: period will begin on 07/01 of each Agency Information Collection Department of Health and Human project period year, and will end on 06/ Activities: Proposed Collection; Services, Office of the Secretary, 30 of each project period year. The Comment Request Assistant Secretary for Budget, purpose of this change is to modify the Technology, and Finance, Office of project period start and end dates for the AGENCY: Office of the Secretary, HHS. Information and Resource Management, Seattle, Washington Population/area in In compliance with the requirement Attention: Naomi Cook (0990–New), of section 3506(c)(2)(A) of the Room 531–H, 200 Independence order to enhance project oversight. Paperwork Reduction Act of 1995, the Avenue, SW., Washington DC 20201. FOR FURTHER INFORMATION CONTACT: Office of the Secretary (OS), Department of Health and Human Services, is Dated: February 2, 2005. Susan B. Moskosky, 301–594–4008. publishing the following summary of Robert E. Polson, Correction proposed collections for public Office of the Secretary, Paperwork Reduction comment. Interested persons are invited Act Reports Clearance Officer. In the Federal Register of July 7, to send comments regarding this burden [FR Doc. 05–3042 Filed 2–16–05; 8:45 am] 2004, FR Doc. 03–15514, on page estimate or any other aspect of this BILLING CODE 4168–17–P 41,115, correct Table I to read:

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TABLE I

Approximate Application Approx. grant States/populations/areas to be served funding available due date funding date

Region I: Massachusetts ...... $5,217,000 09–01–04 01–01–05 Region II: New York State ...... 9,635,000 03–01–05 07–01–05 Puerto Rico ...... 2,389,000 03–01–05 07–01–05 Region III: Washington, DC ...... 1,053,000 09–01–04 01–01–05 Region IV: Kentucky ...... 5,203,000 03–01–05 07–01–05 South Carolina ...... 5,569,000 03–01–05 07–01–05 Tennessee ...... 5,914,000 03–01–05 07–01–05 Region V: Illinois, Chicago area ...... 200,225 06–01–05 09–30–05 Region VI: Arkansas ...... 3,241,000 11–01–04 03–01–05 New Mexico ...... 2,228,000 09–01–04 01–01–05 Region VII: Kansas ...... 2,332,000 03–01–05 07–01–05 Region VIII: No areas competitive in FY 2005 ...... Region IX: Gila River Indian Community ...... 251,000 03–01–05 07–01–05 Government of Guam ...... 452,000 03–01–05 07–01–05 Republic of Palau ...... 99,000 03–01–05 07–01–05 Federated States of Micronesia ...... 411,000 03–01–05 07–01–05 Arizona, Navajo Nation ...... 640,000 03–01–05 07–01–05 Region X: Idaho ...... 1,318,000 03–01–05 07–01–05 Oregon, Multnomah County ...... 330,000 03–01–05 07–01–05 Washington, Seattle* ...... 158,450 06–01–05 09–30–05 * The first year budget period of this grant will be abbreviated. The budget period start and end dates in the first year will be 09/30/05–06/30/ 06. In subsequent years of the approved project period, the budget periods will be 07/01 through 06/30 of each year. Applications should reflect the abbreviated budget period of the first year of the project period.

Dated: February 4, 2005. Oak Ridge, Tennessee. Telephone: (865) by an MOU signed in 2000, the Alma L. Golden, 482–2008. Department of Health and Human Deputy Assistant Secretary for Population Status: Open to the public, limited Services (HHS) has been given the Affairs. only by the space available. The meeting responsibility and resources for [FR Doc. 05–3059 Filed 2–16–05; 8:45 am] room accommodates approximately 50 conducting analytic epidemiologic BILLING CODE 4150–34–P people. investigations of residents of Background: A memorandum of communities in the vicinity of DOE Understanding (MOU) was signed in facilities, workers at DOE facilities, and DEPARTMENT OF HEALTH AND October 1990 and renewed in other persons potentially exposed to HUMAN SERVICES September 2000 between ATSDR and radiation or to potential hazards from DOE. The MOU delineates the non-nuclear energy production and use. Centers for Disease Control and responsibilities and procedures for HHS has delegated program Prevention ATSDR’s public health activities at DOE responsibility to the Centers for Disease sites required under sections 104, 105, Control and Prevention (CDC). Agency for Toxic Substances and 107, and 120 of the Comprehensive Community involvement is a critical Disease Registry (ATSDR); Public Environmental Response, part of ATSDR’s and CDC’s energy- Meeting of the Citizens Advisory Compensation, and Liability Act related research and activities, and Committee on Public Health Service (CERCLA or ‘‘Superfund’’). These input from members of the ORRHES is (PHS) Activities and Research at activities include health consultations part of these efforts. Department of Energy (DOE) Sites: and public health assessments (PHA) at Purpose: The purpose of this meeting Oak Ridge Reservation Health Effects DOE sites listed on, or proposed for, the is to address issues that are unique to Subcommittee Superfund National Priorities List and community involvement with the at sites that are the subject of petitions ORRHES, and to provide agency Name: Public meeting of the Citizens from the public; and other health- updates. Advisory Committee on PHS Activities related activities such as epidemiologic Matters To Be Discussed: agenda and Research at DOE Sites: Oak Ridge studies, health surveillance, exposure items will include a brief discussion on Reservation Health Effects and disease registries, health education, the ATSDR project management plan Subcommittee (ORRHES). substance-specific applied research, and the schedule of PHA’s to be Time and Date: 12 p.m.–6 p.m., emergency response, and preparation of released in FY2005–2006; overall health March 22, 2005. toxicological profiles. communication plan; Y–12 PHA Video; Place: Oak Ridge Mall, Alpine In addition, under an MOU signed in launch of the new ATSDR/ORRHES Meeting Room, 333 East Main Street, December 1990 with DOE and replaced website; updates and recommendations

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from the Exposure Evaluation, Dated: February 11, 2005. OMB No.: New Collection. Community Concerns and Alvin Hall, Description: The Administration for Communications, and Health Outcome Director, Management Analysis and Services Children and Families is requesting Data Workgroups; and agency updates. Office, Centers for Disease Control and State child welfare agencies voluntarily Agenda items are subject to change as Prevention. priorities dictate. to complete a survey of administrative [FR Doc. 05–3051 Filed 2–16–05; 8:45 am] cost claims associated with children For Further Information Contact: BILLING CODE 4163–18–P Marilyn Horton, Designated Federal placed in unlicensed foster family Official and Committee Management homes. This information is necessary to Specialist, Division of Health DEPARTMENT OF HEALTH AND determine the fiscal impact of the Assessment and Consultation, ATSDR, HUMAN SERVICES Notice of Proposed Rulemaking on the 1600 Clifton Road, NE. M/S E–32 Administrative Costs for Children in Atlanta, Georgia 30333, telephone 1– Administration for Children and Title IV–E Foster Care published in the 888–42–ATSDR (28737), fax 404/498– Families Federal Register on January 31, 2005 1744. (70 FR 4803). The Director, Management Analysis Agency Recordkeeping/Reporting Respondents: State child welfare and Services Office, has been delegated Requirements Under Emergency agencies. the authority to sign Federal Register Review by the Office of Management notices pertaining to announcements of and Budget (OMB) meetings and other committee management activities, for both CDC Title: Survey of Administrative Costs and ATDSR. for Children in Title IV–E Foster Care

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Survey ...... 52 1 9 468

Estimated Total Annual Burden DEPARTMENT OF HEALTH & HUMAN announcement. Awards will be Hours: 468 hours. SERVICES contingent upon the outcome of the Additional Information: ACF is competition and the availability of Administration for Children and requesting that OMB grant a 90 day funds. For FY 2005, approximately $1.8 Families approval for this information collection million is available for all priority areas. A non-Federal match is not required. under procedures for emergency Office of Child Support Enforcement; The anticipated start date for the new processing by February 25, 2005. A copy Special Improvement Project (SIP) awards is August 1, 2005; projects under of this information collection, with Grants Priority 1 may run through December applicable supporting documentation, 31, 2006, for a period of up to 17 may be obtained by calling the Announcement Type: Initial—Grant. Funding Opportunity Number: HHS– months; projects under Priorities 2, 4 Administration for Children and and 5 may run through July 31, 2007, for Families, Greta Johnson at (202) 401– 2005–ACF–OCSE–FI–0005. CFDA Number: 93.601. a period of up to 24 months and projects 9384. In addition, a request may be Due Date for Applications: under Priority 3 may run through July made by sending an e-mail request to: Application is due May 3, 2005. 31, 2008, for a period of up to 36 [email protected]. Executive Summary: The months. Comments and questions about the Administration for Children and Legislative Authority: Section 452(j) of information collection described above Families (ACF), Office of Child Support the Social Security Act, 42 U.S.C. 652(j), should be directed to the following Enforcement (OCSE) invites eligible provides Federal funds for information address by February 25, 2005: Office of applicants to submit competitive grant dissemination and technical assistance Information and Regulatory Affairs, applications for special improvement to States, training of Federal and State Attn: OMB Desk Officer for ACF, Office projects, which further the national staff to improve child support programs, of Management and Budget, Paperwork child support mission, vision, and goals. and research, demonstration, and Reduction Project. E-mail: For FY 2005, OCSE is looking for special projects of regional or national [email protected]. projects that reflect the goals of the new significance relating to the operation of FY 2005–2009 strategic plan including State child support enforcement Dated: February 14, 2005. the goals that all children have programs. Robert Sargis, parentage established; and all children I. Funding Opportunity Description Reports Clearance Officer. in IV–D (child support) cases have [FR Doc. 05–3087 Filed 2–16–05; 8:45 am] support orders established, have Program Purpose and Objectives. To BILLING CODE 4184–01–M medical coverage and receive financial fund a number of special improvement support from parents as ordered. The projects, which further the national last goal of the strategic plan is that the child support mission to ensure that all IV-D program will be efficient and children receive financial and medical responsive in its operations. support from their parents and which Applications will be screened and strengthen the ability of the nation’s evaluated as indicated in this program child support programs to collect

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support on behalf of children and Priority 3 may run through July 31, preventing the build-up of arrears families. For FY 2005, OCSE is looking 2008, for a period of up to 36 months. through proactive early intervention; or for projects that reflect the goals of the The Federal OCSE will provide the co-location of staff to enhance inter- new FY 2005–2009 strategic plan State CSE agency the opportunity to jurisdictional case processing. comment on the merits of local CSE including the goals that all children II. Award Information have parentage established; and all agency applications before final award. children in IV–D (child support) cases Given that the purpose of these projects Funding Instrument Type: Grant. have support orders established, have is to improve child support enforcement Anticipated Total Priority Area medical coverage, and receive financial programs, it is critical that applicants Funding: $600,000 per project period. support from parents as ordered. The have the cooperation of IV–D agencies Anticipated Number of Awards: 3. last goal of the strategic plan is that the to operate these projects. Preference will Ceiling of Individual Awards: IV–D program will be efficient and be given to applicants representing CSE $200,000 per project period. responsive in its operations. The agencies and applicant organizations Floor on Amount of Individual national strategic plan reflects more which have letters of commitment or Awards: None. than 10 years of child support cooperative agreements with CSE An application that exceeds the upper professionals’ brainstorming and agencies. All applications developed value of the dollar range specified will consensus building among various jointly by more than one agency/ be considered non-responsive. branches and levels of government. organization must identify a single lead Average Projected Award Amount: OCSE is looking for innovative projects organization as the official applicant. $200,000 per project period. The lead organization will be the which promote some of the basic Length of Project Periods: 17 months. recipient of the grant award. themes of the national strategic plan in Participating agencies and organizations Priority Area 2 that child support should be a reliable can be included as co-participants, source of income for families; that the Improving Judicial/Administrative subgrantees, or subcontractors with child support system should help secure Child Support Enforcement Processes their written authorization. children’s health care coverage; and that On October 21, 2004, OCSE 1. Description: Under this solicitation, child support agencies should use early conducted an audio conference call on OCSE is looking for projects that design prevention strategies to help build a ‘‘Writing a Grant Application Made and implement approaches, which lead culture of compliance in which parents Easy.’’ The material presented covered to the establishment of child support will support their children voluntarily major differences between Section 1115 orders that more appropriately address and reliably. We invite applications for and Special Improvement Project (SIP) circumstances of both parents. Such partnerships with entities such as courts grant programs, key elements of the approaches could include better service and/or tribunals and community- and evaluation criteria, and advice on what of process, use of stipulated (voluntary) faith-based organizations, which have to include and common mistakes to agreements between both parents on the ability to address the needs of avoid. It did not cover the details of the child support and related matters, harder-to-serve populations, such as published announcement or discuss the improved court processes, along with low-income non-custodial parents and specific priority areas. The recorded using more culturally sensitive culturally diverse populations. tape of this call is available through materials for diverse populations (such Applicants should understand that March 31, 2005, toll free at 1–866–442– as tribal, ethnic groups, those with low OCSE will not award grants for special 8065. literacy, etc.), as appropriate. improvement projects which (a) Approaches should also address Priority Area 1 duplicate automated data processing perceived obstacles to payment, and information retrieval system Customizing Approaches for Improved including affordability of orders, matters requirements or enhancements and Customer Service of procedural justice and/or access to associated tasks which are specified in 1. Description: Under this solicitation, children. the Social Security Act; or (b) which projects would design and implement cover costs for routine activities that II. Award Information customized child support enforcement would normally be reimbursed under strategies to improve services in specific Funding Instrument Type: Grant. the Child Support Program (e.g., adding sites such as, urban areas or multi-state Anticipated Total Priority Area staff positions to perform routine CSE metro areas, or for specific populations Funding: $375,000 per project period. tasks), or by other Federal funding (e.g., incarcerated or formerly Anticipated Number of Awards: 2. sources. Proposals and their incarcerated parents or TANF Ceiling of Individual Awards: accompanying budgets will be reviewed recipients). Strategies may include, but $187,500 per project period. from this perspective. are not limited to, two or more of the Floor on Amount of Individual Over the past five years, OCSE has following customized service Awards: None. awarded an average of 11 grants per approaches: distinguishing between An application that exceeds the upper year, totaling approximately $1.3 those who refuse to pay (e.g., denial/ value of the dollar range specified will million per year. All grant awards are revocation of licenses and other be considered non-responsive. subject to the availability of remedies) and those who cannot pay Average Projected Award Amount: appropriated funds. A non-Federal (e.g., referral to workforce investment $187,500 per project period. match is not required. The anticipated agency activities); working with TANF Length of Project Periods: 24 months start date for the new awards is August recipients nearing end of receipt of with two 12-month budget periods. 1, 2005; projects under Priority 1 may public assistance to help them get child OCSE is providing $150,000 for the run through December 31, 2006, for a support more regularly; using software first 12-month budget period and period of up to 17 months; projects to collect and target data for improved $37,500 for the second 12-month budget under Priorities 2, 4 and 5 may run case management (however, SIP grant period to provide sufficient time for through July 31, 2007, for a period of up funds may not be used for substantial these projects to finalize activities and to 24 months; and projects under systems development or design); evaluation reports.

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Priority Area 3 An application that exceeds the upper strategies between local CSE agencies value of the dollar range specified will and community- and faith-based Improving Child Support and Marriage be considered non-responsive. organizations, health clinics, birthing Education Services for Ethnic and Average Projected Award Amount: centers, educational institutions and Culturally Diverse Populations $300,000 per project period. universities (including Historically 1. Description: Under this solicitation, Length of Project Periods: 36 months Black Colleges and Universities) or projects would target underserved with three 12-month budget periods. public agencies such as Head Start, ethnic and culturally diverse Priority Area 4 Medicaid, and TANF, that serve child populations, including, but not limited support clients. Projects would to, the Hispanic/Latino community, the Improving Health Care Coverage for demonstrate innovative strategies to Asian-American and Pacific Islander Children in Child Support Cases educate parents, especially low-income, community, the African-American 1. Description: Under this solicitation, unwed parents, about child support community, and Native Americans, OCSE is looking for projects that enforcement policies in order to American Indians, and Alaskan Natives develop and test creative strategies to expedite the establishment of parentage, so that they will receive more effective improve medical support coverage for and encourage parents to meet their child support enforcement services and children in child support cases. child support and parental appropriate healthy marriage education. Sufficient health care coverage for responsibilities. OCSE has funded a In addition, projects would identify and children is a primary consideration for number of projects designed to provide eliminate barriers that make it harder for the child support enforcement program. mentoring and employment services to ethnic and culturally diverse Strategies may include, but are not non-custodial parents to increase child populations to establish paternity, seek limited to, approaches which would support outcomes. Although these types child support assistance and to form improve employer and health insurance of projects provided valuable services to and sustain healthy marriages. OCSE is plan administrator compliance with the non-custodial parents, they generally looking for projects which implement National Medical Support Notice did not produce significant child strategies to improve and strengthen (NMSN); encourage employers to support outcomes. Thus, under this family stability by providing a provide information to CSE agencies solicitation OCSE is looking for combination of child support and about their health insurance providers innovative collaboration strategies that marriage education services to ethnic so CSE agencies could better track and are primarily intended to improve child and culturally diverse non-married, monitor medical support coverage; support performance in paternity custodial, and non-custodial parents. develop information that could be establishment, support order We are interested in collaborative replicated in other communities for establishment, payment of current or approaches between State/local/tribal custodial and non-custodial parents overdue support and additionally, help governments and/or courts/tribunals about low-cost health insurance increase healthy marriage formation. with community-based, faith-based available at the local level; or improve II. Award Information organizations, or education institutions data interfaces and other information and universities (including Historically exchanges between State/local CSE Funding Instrument Type: Grant. Black Colleges and Universities) to offer agencies and agencies administering Anticipated Total Priority Area model service approaches (not outreach Medicaid and SCHIP programs. Funding: $250,000 per project period. campaigns) which reduce identified Anticipated Number of Awards: 2. barriers and implement new service II. Award Information Ceiling of Individual Awards: delivery strategies within the Funding Instrument Type: Grant. $125,000 per project period. community. These service approaches Anticipated Total Priority Area Floor on Amount of Individual should demonstrate the impact on child Funding: $250,000 per project period. Awards: None. support outcomes such as paternity Anticipated Number of Awards: 2. An application that exceeds the upper establishment, orders established, Ceiling of Individual Awards: value of the dollar range specified will collections, and healthy marriage $125,000 per project period. be considered non-responsive. formation. This solicitation is not Floor on Amount of Individual Average Projected Award Amount: designed to provide funding for the Awards: None. $125,000 per project period. development and implementation of An application that exceeds the upper Length of Project Periods: 24 months Tribal child support enforcement value of the dollar range specified will with two 12-month budget periods. programs since these provisions are be considered non-responsive. OCSE is providing $100,000 for the being addressed through Federal Average Projected Award Amount: first 12-month budget period and regulation. As noted under ‘‘III. $125,000 per project period. $25,000 for a second 12-month budget Eligibility Information’’ below, Tribes Length of Project Periods: 24 months period to provide sufficient time for and Tribal Organizations are eligible to with two 12-month budget periods. these projects to finalize activities and apply for any of the SIP priority areas OCSE is providing $100,000 for the evaluation reports. first 12-month budget period and described in this announcement. III. Eligibility Information $25,000 for the second 12-month budget II. Award Information period to provide sufficient time for 1. Eligible Applicants these projects to finalize activities and Funding Instrument Type: Grant. Eligible applicants for these special evaluation reports. Anticipated Total Priority Area improvement project grants are State Funding: $1,500,000 per project period. Priority Area 5 (including District of Columbia, Guam, Puerto Rico, and the Virgin Islands) Anticipated Number of Awards: 5. Improving Local Collaboration Human Services Umbrella agencies, Ceiling of Individual Awards: Strategies Between Child Support other State agencies (including State IV– $300,000 per project period. Enforcement and Community Agencies D agencies), Tribes and Tribal Floor on Amount of Individual 1. Description: Under this solicitation, Organizations, local public agencies Awards: None. OCSE is interested in collaboration (including IV–D agencies), non-profit

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organizations (including faith-based and Federal policy applicable to all Federal through the site, as well as the hours of community-based organizations and grant applicants. The policy requires all operation. We strongly recommend that universities such as Historically Black Federal grant applicants to provide a you do not wait until the application Colleges and Universities) and consortia Dun & Bradstreet Data Universal deadline date to begin the application of State and/or local public agencies. Numbering System (DUNS) number process through Grants.gov. Non-profit organizations applying for when applying for Federal grants or • To use Grants.gov, you, as the funding are required to submit proof of cooperative agreements on or after applicant, must have a DUNS Number their non-profit status. Documentation October 1, 2003. The DUNS number will and register in the Central Contractor of non-profit status must be submitted be required whether an applicant is Registry (CCR). You should allow a by time of award. Proof of non-profit submitting a paper application or using minimum of five days to complete the status is any one of the following: the government-wide electronic portal CCR registration. • A reference to the applicant (http://www.Grants.gov). A DUNS • You will not receive additional organization’s listing in the Internal number will be required for every point value because you submit a grant Revenue Service’s (IRS) most recent list application for a new award or renewal/ application in electronic format, nor of tax-exempt organizations described in continuation of an award, including will we penalize you if you submit an the IRS Code. applications or plans under formula, application in paper format. • • A copy of a currently valid IRS tax entitlement, and block grant programs, You may submit all documents exemption certificate. submitted on or after October 1, 2003. electronically, including all information • A statement from a State taxing Please ensure that your organization typically included on the SF 424 and all body, State attorney general, or other has a DUNS number. You may acquire necessary assurances and certifications. • appropriate State official certifying that a DUNS number at no cost by calling the Your application must comply with the applicant organization has a non- dedicated toll-free DUNS number any page limitation requirements profit status and that none of the net request line on 1–866–705–5711 or you described in this program earnings accrue to any private announcement. may request a number on-line at • shareholders or individuals. http://www.dnb.com. After you electronically submit • A certified copy of the Disqualification Factors: An your application, you will receive an organization’s certificate of application that exceeds the upper value automatic acknowledgement from incorporation or similar document that of the dollar range specified will be Grants.gov that contains a Grants.gov clearly establishes non-profit status. considered non-responsive. tracking number. The Administration • Any of the items in the Late applications will be rejected and for Children and Families will retrieve subparagraphs immediately above for a will not receive further consideration. your application from Grants.gov. State or national parent organization • We may request that you provide and a statement signed by the parent IV. Application and Submission original signatures on forms at a later organization that the applicant Information date. • You may access the electronic organization is a local non-profit 1. Address To Request Application application for this program on http:// affiliate. Package Private, non-profit organizations are www.Grants.gov. • encouraged to submit with their ATTN: Jean Robinson, Program You must search for the applications the survey located under Analyst, Administration for Children downloadable application package by ‘‘Grant Related Documents and Forms’’ and Families, Office of Child Support the CFDA number. titled ‘‘Survey for Private, Non-Profit Enforcement (OCSE), Division of State, An original and two copies of the Grant Applicants’’ at http:// Tribal and Local Assistance, 370 complete application are required. The www.acf.hhs.gov/programs/ofs/ L’Enfant Promenade, SW., 4th Floor, original and each of the two copies must forms.htm. East Wing, Washington, DC 20447. include all required forms, Phone: 202–401–5330. E-mail: certifications, assurances, and Additional Information on Eligibility [email protected]. appendices, be signed by an authorized representative, have original signatures The applicant should clearly indicate 2. Content and Form of Application on the original, and be submitted in its application(s) for which specific Submission priority area it is applying. Applicants unbound. may submit different applications You may submit your application to Private non-profit organizations need covering different priority areas or they us in either electronic or paper format. to submit proof of their non-profit status may submit different applications for To submit an application as described above under ‘‘Eligibility different projects under one priority electronically, please use the Information’’ and are encouraged to area; however, they may not submit one http://www.Grants.gov/Apply site. If submit with their applications the application for the same project you use Grants.gov, you will be able to survey located under ‘‘Grant Related covering multiple priority areas. download a copy of the application Documents and Forms’’ titled ‘‘Survey package, complete it off-line, and then for Private, Non-Profit Grant 2. Cost Sharing/Matching upload and submit the application via Applicants’’ at http://www.acf.hhs.gov/ No. the Grants.gov site. ACF will not accept programs/ofs/forms.htm. grant applications submitted via e-mail The applicant should clearly indicate 3. Other Eligibility Information or fax. in its application(s) for which specific No grant award will be made under Please note the following if you plan priority area it is applying. Applicants this announcement on the basis of an to submit your application may submit different applications incomplete application. electronically via Grants.gov: covering different priority areas or they All applicants must have a Dun & • Electronic submission is voluntary, may submit different applications for Bradstreet Universal Numbering System but strongly encouraged. different projects under one priority (DUNS) number. On June 27, 2003, the • When you enter the Grants.gov site, area; however, they may not submit one Office of Management and Budget you will find information about application for the same project published in the Federal Register a new submitting an application electronically covering multiple priority areas. The

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length of the application, excluding the sign and return the certification with the envelope/package containing the required application forms, their application. application with the note ‘‘Attention: certifications, and resumes, should be Applicants must also understand they Sylvia M. Johnson.’’ Applicants are no more than 20 to 25 pages, double- will be held accountable for the responsible for mailing applications spaced format preferred. A page is a smoking prohibition included within well in advance, when using all mail single-side of an 81⁄2″ x 11″ sheet of Public Law 103–227, Title XII services, to ensure that the applications plain white paper. (Applicants are Environmental Tobacco Smoke (also are received on or before the deadline requested not to send pamphlets, maps, known as the PRO–KIDS Act of 1994). time and date. brochures or other printed material A copy of the Federal Register notice Applications hand carried by along with their application as these are which implements the smoking applicants, applicant couriers, other difficult to photocopy. These materials, prohibition is included with forms. By representatives of the applicant, or by if submitted, will not be included in the signing and submitting the application, overnight/express mail couriers shall be review process.) The project description applicants are providing the considered as meeting an announced should include all the information certification and need not mail back the deadline if they are received on or requirements described in the specific certification with the application. before the deadline date, between the evaluation criteria outlined in this Applicants must make the appropriate hours of 8 a.m. and 4:30 p.m., eastern program announcement under Part V. certification of their compliance with all time, at the address referenced in Federal statutes relating to Section IV.6., between Monday and Standard Forms and Certifications nondiscrimination. By signing and Friday (excluding Federal holidays). The project description should submitting the applications, applicants ACF cannot accommodate include all the information are providing the certification and need transmission of applications by requirements described in the specific not mail back the certification form. facsimile. Therefore, applications evaluation criteria outlined in the Complete the standard forms and the transmitted to ACF by fax will not be program announcement under Section V associated certifications and assurances accepted regardless of date or time of Application Review Information. In based on the instructions on the forms. submission and time of receipt. addition to the project description, the The forms and certifications may be Late applications: Applications that applicant needs to complete all the found at: http://www.acf.hhs.gov/ do not meet the criteria above are standard forms required for making programs/ofs/forms.htm. considered late applications. ACF shall Please see Section V.1. Criteria, for applications for awards under this notify each late applicant that its instructions on preparing the full announcement. application will not be considered in project description. Applicants seeking financial the current competition. assistance under this announcement 3. Submission Dates and Times Any application received after 4:30 must file the Standard Form (SF) 424, Due Date: Application is due May 3, p.m., eastern time, on the deadline date Application for Federal Assistance; SF– 2005. will not be considered for competition. 424A, Budget Information—Non- Applicants using express/overnight Construction Programs; SF–424B, Explanation of Due Dates mail services should allow two working Assurances—Non-Construction The closing time and date for the days prior to the deadline date for Programs. The forms may be reproduced receipt of applications is 4:30 p.m., receipt of applications. See Section IV.6. for use in submitting applications. eastern time, referenced above. Mailed for more detailed information on Applicants must sign and return the or hand-delivered applications received submission requirements. standard forms with their application. after 4:30 p.m. on the closing date will Extension of deadlines: ACF may Applicants must furnish prior to be classified as late. extend application deadlines when award an executed copy of the Standard Deadline: Mailed applications shall be circumstances such as acts of God Form LLL, Certification Regarding considered as meeting an announced (floods, hurricanes, etc.) occur, or when Lobbying, when applying for an award deadline if they are received on or there are widespread disruptions of mail in excess of $100,000. Applicants who before the deadline time and date at the service, or in other rare cases. A have used non-Federal funds for U.S. Department of Health and Human determination to extend or waive lobbying activities in connection with Services, Administration for Children deadline requirements rests with the receiving assistance under this and Families, Office of Grants Chief Grants Management Officer. announcement shall complete a Management, Division of Discretionary disclosure form, if applicable, with their Grants, 370 L’Enfant Promenade, SW., Checklist applications (approved by the Office of Washington, DC 20447, between You may use the checklist below as a Management and Budget under control Monday and Friday (excluding Federal guide when preparing your application number 0348–0046). Applicants must holidays). This address must appear on package.

What to submit Required content Required form or format When to submit

Table of Contents ...... As described in Section Consistent with guidance in ‘‘Content and Form of Ap- By application due date. IV.2. plication Submission’’ section of this announcement. Abstract of Proposed Project As described in Section Consistent with guidance in ‘‘Content and Form of Ap- By application due date. IV.2. plication Submission’’ section of this announcement. Completed Standard Form As described in Section May be found on http://www.acf.hhs.gov/programs/ofs/ By application due date. 424. IV.2. forms.htm. Completed Standard Form As described in Section May be found on http://www.acf.hhs.gov/programs/ofs/ By application due date. 424A. IV.2. forms.htm. Narrative Budget Justifica- As described in Section Consistent with guidance in ‘‘Content and Form of Ap- By application due date. tion. IV.2.. plication Submission’’ section of this announcement. Project Narrative ...... As described in Section Consistent with guidance in ‘‘Content and Form of Ap- By application due date. IV.2. plication Submission’’ section of this announcement.

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What to submit Required content Required form or format When to submit

Proof of Non-Profit Status ... As described in Section May be found in Section III. Eligibility Information ...... By time of award. III.1. Certification regarding lob- As described in Section May be found on http://www.acf.hhs.gov/programs/ofs/ By time of award. bying. IV.2. forms.htm. Certification regarding envi- As described in Section May be found on http://www.acf.hhs.gov/programs/ofs/ by time fo award. ronmental tobacco smoke. IV.2. forms.htm. Certification regarding non- As described in Section May be found on http://www.acf.hhs.gov/programs/ofs/ By time of award. construction programs. IV.2. forms.htm.

Additional Forms applications the survey located under Grant Applicants’’ at http:// Private non-profit organizations are ‘‘Grant Related Documents and Forms’’ www.acf.hhs.gov/programs/ofs/ encouraged to submit with their titled ‘‘Survey for Private, Non-Profit forms.htm.

What to submit Required content Required form or format When to submit

Survey for Private Nono- Per required form ...... Maybe found on http://www.acf.hhs.gov/programs/ofs/ By application due date. Profit Grant Applicants. forms.htm.

4. Intergovernmental Review are requested to clearly differentiate 6. Other Submission Requirements between mere advisory comments and State Single Point of Contact (SPOC) Submission by Mail: An applicant those official State process must provide an original application This program is covered under recommendations which may trigger the with all attachments signed by an Executive Order 12372, ‘‘accommodate or explain’’ rule. authorized representative and two ‘‘Intergovernmental Review of Federal When comments are submitted copies. The application must be Programs,’’ and 45 CFR part 100, directly to ACF, they should be ‘‘Intergovernmental Review of received at the address below by 4:30 addressed to the U.S. Department of p.m., eastern time, on or before the Department of Health and Human Health and Human Services, Services Programs and Activities.’’ closing date. Administration for Children and Administration for Children and Under the Order, States may design Families, Office of Grants Management, Families, Office of Grants Management, their own processes for reviewing and Division of Discretionary Grants, 370 Division of Discretionary Grants, 370 commenting on proposed Federal L’Enfant Promenade, SW., 4th floor, assistance under covered programs. L’Enfant Promenade, SW., 4th Floor Washington, DC 20447. West, Washington, DC 20447. ATTN: As of October 1, 2004, the following Although the remaining jurisdictions jurisdictions have elected to participate Sylvia M. Johnson, SIP Application. have chosen not to participate in the Hand Delivery: An applicant must in the Executive Order process: process, entities that meet the eligibility Arkansas, California, Delaware, District provide an original application with all requirements of the program are still attachments signed by an authorized of Columbia, Florida, Georgia, Illinois, eligible to apply for a grant even if a Iowa, Kentucky, Maine, Maryland, representative and two copies. The State, Territory, Commonwealth, etc. application must be received at the Michigan, Mississippi, Missouri, does not have a SPOC. Therefore, Nevada, New Hampshire, New Mexico, address below by 4:30 p.m., eastern applicants from these jurisdictions, or time, on or before the closing date. New York, North Dakota, Rhode Island, for projects administered by federally- South Carolina, Texas, Utah, West Applications that are hand delivered recognized Indian Tribes, need take no will be accepted between the hours of Virginia, Wisconsin, American Samoa, action in regard to E.O. 12372. Guam, North Mariana Islands, Puerto 8 a.m. to 4:30 p.m., eastern time, The official list, including addresses, Monday through Friday (excluding Rico, and Virgin Islands. As these of the jurisdictions elected to participate jurisdictions have elected to participate Federal holidays). Applications may be in E.O. 12372 can be found on the delivered to: ACF Mailroom, 2nd Floor in the Executive Order process, they following URL: http:// have established SPOCs. Applicants (near loading dock), Aerospace www.whitehouse.gov/omb/grants/ Building, 901 D Street, SW., from participating jurisdictions should spoc.html. contact their SPOC, as soon as possible, Washington, DC 20024. to alert them of prospective applications 5. Funding Restrictions Electronic Submission: http:// www.Grants.gov. Please see section IV.2 and receive instructions. Applicants Construction is not an allowable Content and Form of Application must submit all required materials, if activity or expenditure under this Submission for guidelines and any, to the SPOC and indicate the date solicitation. requirements when submitting of this submittal (or the date of contact Grant awards will not allow applications electronically. if no submittal is required) on the reimbursement of pre-award costs. Standard Form 424, item 16a. Under 45 V. Application Review Information CFR 100.8(a)(2). Number of Projects in Application A SPOC has 60 days from the Applicants may submit different The Paperwork Reduction Act of 1995 application deadline to comment on applications covering different priority (Pub. L. 104–13) proposed new or competing areas or they may submit different Public reporting burden for this continuation awards. SPOCs are applications for different projects under collection of information is estimated to encouraged to eliminate the submission one priority area; however, they may not average 15 hours per response, of routine endorsements as official submit one application for the same including the time for reviewing recommendations. Additionally, SPOCs project covering multiple priority areas. instructions, gathering and maintaining

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the data needed and reviewing the subordinate objectives of the project determine the extent to which the collection information. must be clearly stated; supporting project has achieved its stated objectives The project description is approved documentation, such as letters of and the extent to which the under OMB control number 0970–0139 support and testimonials from accomplishment of objectives can be which expires 4/30/2007. An agency concerned interests other than the attributed to the project. Discuss the may not conduct or sponsor, and a applicant, may be included. Any criteria to be used to evaluate results, person is not required to respond to, a relevant data based on planning studies and explain the methodology that will collection of information unless it should be included or referred to in the be used to determine if the needs displays a currently valid OMB control endnotes/footnotes. Incorporate identified and discussed are being met number. demographic data and participant/ and if the project results and benefits beneficiary information, as needed. In are being achieved. With respect to the 1. Criteria developing the project description, the conduct of the project, define the The following are instructions and applicant may volunteer or be requested procedures to be employed to determine guidelines on how to prepare the to provide information on the total whether the project is being conducted ‘‘project summary/abstract’’ and ‘‘Full range of projects currently being in a manner consistent with the work Project Description’’ sections of the conducted and supported (or to be plan presented and discuss the impact application. Under the evaluation initiated), some of which may be of the project’s various activities on the criteria section, note that each criterion outside the scope of the program project’s effectiveness. is preceded by the generic evaluation announcement. Additional Information. Following are requirement under the ACF Uniform Approach. Outline a plan of action requests for additional information that Project Description (UPD). that describes the scope and detail of need to be included in the application: how the proposed work will be Staff and Position Data. Provide a Part 1 The Project Description accomplished. Account for all functions biographical sketch and job description Overview or activities identified in the for each key person appointed. Job Purpose. The project description application. Cite factors that might descriptions for each vacant key provides a major means by which an accelerate or decelerate the work and position should be included as well. As application is evaluated and ranked to state your reason for taking the new key staff is appointed, biographical compete with other applications for proposed approach rather than others. sketches will also be required. available assistance. The project Describe any unusual features of the Budget and Budget Justification. description should be concise and project such as design or technological Provide a budget with line item detail complete and should address the innovations, reductions in cost or time, and detailed calculations for each activity for which Federal funds are or extraordinary social and community budget object class identified on the being requested. Supporting documents involvement. Budget Information form. Detailed should be included where they can Provide quantitative monthly or calculations must include estimation present information clearly and quarterly projections of the methods, quantities, unit costs, and succinctly. In preparing your project accomplishments to be achieved for other similar quantitative detail description, all information requested each function or activity in such terms sufficient for the calculation to be through each specific evaluation as the number of people to be served duplicated. Also, include a breakout by criterion should be provided. Awarding and the number of activities the funding sources identified in Block offices use this and other information in accomplished. For example, increased 15 of the SF–424. making their funding recommendations. use of an interstate child support Provide a narrative budget It is important, therefore, that this enforcement remedy (such as income justification that describes how the information be included in the withholding, tax refund offset) is categorical costs are derived. Discuss application. projected to have quarterly results of a the necessity, reasonableness, and 5% increase in income withholding allocability of the proposed costs. Part II General Instructions for collections and a 5% increase in General. Use the following guidelines Preparing a Full Project Description automated enforcement collections. for preparing the budget and budget Introduction. Applicants required to When accomplishments cannot be justification. Both Federal and non- submit a full project description shall quantified by activity or function, list Federal resources shall be detailed and prepare the project description them in chronological order to show the justified in the budget and narrative statement in accordance with the schedule of accomplishments and their justification. ‘‘Federal resources’’ refers following instructions while being target dates. only to the ACF grant for which you are aware of the specified evaluation If any data is to be collected, applying. ‘‘Non-Federal resources’’ are criteria. The text options give a broad maintained, and/or disseminated, all other Federal and non-Federal overview of what your project clearance may be required from the U.S. resources. It is suggested that budget description should include while the Office of Management and Budget amounts and computations be presented evaluation criteria identifies the (OMB). This clearance pertains to any in a columnar format: first column, measures that will be used to evaluate ‘‘collection of information that is object class categories; second column, applications. conducted or sponsored by ACF.’’ Federal budget; next column(s), non- Project Summary Abstract. Provide a List organizations, cooperating Federal budget(s), and last column, total summary of the project description (a entities, consultants, or other key budget. The budget justification should page or less) with reference to the individuals who will work on the be a narrative. funding request. project, along with a short description of Personnel. Description: Costs of Objectives and Need for Assistance. the nature of their effort or contribution. employee salaries and wages. Clearly identify the physical, economic, Evaluation. Provide a narrative Justification: Identify the project social, financial, institutional, and/or addressing how the conduct of the director or principal investigator, if other problem(s) requiring a solution. project and the results of the project will known. For each staff person, provide The need for assistance must be be evaluated. In addressing the the title, time commitment to the project demonstrated and the principal and evaluation of results, state how you will (in months), time commitment to the

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project (as a percentage or full-time information, which supports the amount Objectives and Need for Assistance 30 equivalent), annual salary, grant salary, requested. Points wage rates, etc. Do not include the costs Contractual. Description: Costs of all The application should demonstrate a of consultants or personnel costs of contracts for services and goods except thorough understanding and analysis of delegate agencies or of specific for those that belong under other the problem(s) being addressed in the project(s) or businesses to be financed categories such as equipment, supplies, project, the need for assistance, and the by the applicant. construction, etc. Include third-party importance of addressing these Fringe Benefits. Description: Costs of evaluation contracts (if applicable) and problems in improving the effectiveness employee fringe benefits unless treated contracts with secondary recipient of the child support program. The as part of an approved indirect cost rate. organizations, including delegate applicant should describe how the Justification: Provide a breakdown of agencies and specific project(s) or project will address this problem(s) the amounts and percentages that businesses to be financed by the through implementation of changes, comprise fringe benefit costs such as applicant. enhancements, and innovative efforts health insurance, FICA, retirement Justification: Demonstrate that all and specifically, how this project will insurance, taxes, etc. procurement transactions will be improve program results. The applicant Travel. Description: Costs of project- conducted in a manner to provide, to should address one or more of the related travel by employees of the the maximum extent practical, open and strategies or approaches described applicant organization (does not include free competition. Recipients and under the specific priority area they are consultant travel). subrecipients, other than States that are applying for (refer to Part I. Priority Justification: For each trip, show the required to use part 92 procedures, must Areas). The applicant should identify total number of traveler(s), travel justify any anticipated procurement the key goals and objectives of the destination, duration of trip, per diem, action that is expected to be awarded project; describe the conceptual mileage allowances, if privately owned without competition and exceed the framework of its approach to resolve the vehicles will be used, and other simplified acquisition threshold fixed at identified problem(s); and provide a transportation costs and subsistence 41 U.S.C. 403(11) (currently set at rationale for taking this approach as allowances. Travel costs for key staff to $100,000). Recipients might be required opposed to others. attend ACF-sponsored workshops to make available to ACF pre-award should be detailed in the budget. review and procurement documents, Approach 30 Points Equipment. Description: ‘‘Equipment’’ such as request for proposals or A well thought-out and practical means an article of nonexpendable, invitations for bids, independent cost management and staffing plan is tangible personal property having a estimates, etc. mandatory. The application should useful life of more than one year and an include a detailed management plan acquisition cost which equals or Note: Whenever the applicant intends to delegate part of the project to another agency, that includes timelines and detailed exceeds the lesser of (a) the the applicant must provide a detailed budget budgetary information. The main capitalization level established by the and budget narrative for each delegate concern in this criterion is that the organization for the financial statement agency, by agency title, along with the same applicant should demonstrate a clear purposes, or (b) $5,000. (Note: supporting information referred to in these idea of the project’s goals, objectives, Acquisition cost means the net invoice instructions. and tasks to be accomplished. The plan unit price of an item of equipment, to accomplish the goals and tasks Other. Description: Costs of all including the cost of any modifications, should be set forth in a logical contracts for services and goods except attachments, accessories, or auxiliary framework. The plan should identify for those that belong under other apparatus necessary to make it usable what tasks are required of any categories such as equipment, supplies, for the purpose for which it is acquired. contractors and specify their relevant construction, etc. Include third-party Ancillary charges, such as taxes, duty, qualifications to perform these tasks. evaluation contracts (if applicable) and protective in-transit insurance, freight, Staff to be committed to the project contracts with secondary recipient and installation shall be included in or (including supervisory and management organizations, including delegate excluded from acquisition cost in staff) at the state and/or local levels agencies and specific project(s) or accordance with the organization’s must be identified by their role in the businesses to be financed by the regular written accounting practices.) project along with their qualifications applicant. Justification: For each type of and areas of particular expertise. In equipment requested, provide a Justification: Provide computations, a addition, for any technical expertise description of the equipment, the cost narrative description and a justification obtained through a contract or subgrant, per unit, the number of units, the total for each cost under this category. the desired technical expertise and cost, and a plan for use on the project, Total Direct Charges, Total Indirect skills of proposed positions should be as well as use or disposal of the Charges, Total Project Costs. (Self- specified in detail. The applicant should equipment after the project ends. An explanatory.) demonstrate that persons with the skills applicant organization that uses its own Evaluation Criteria: The following needed to operate the project are on definition for equipment should provide evaluation criteria appear in weighted board or can be obtained within a a copy of its policy or section of its descending order. The corresponding reasonable time. policy, which includes the equipment score values indicate the relative definition. importance that ACF places on each Evaluation 25 Points Supplies. Description: Costs of all evaluation criterion. The application should describe how tangible personal property other than In considering how applicants will the success of this project can be that included under the Equipment carry out the responsibilities addressed measured and how the success of this category. under this announcement, competing project has broader application in Justification: Specify general applications for financial assistance will contributing to child support categories of supplies and their costs. be reviewed and evaluated against the enforcement policies, practices, and/or Show computations and provide other following criteria: providing solutions that could be

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adapted by other states/jurisdictions. the instructions in this announcement Approved but Unfunded Applications The application should describe the and (2) the applicant is eligible for In cases where more applications are specific results/products that will be funding. It is necessary that applicants approved for funding than ACF can achieved; as appropriate, identify the state specifically which priority area fund with the money available, the kinds of data to be collected and they are applying for. Grants Officer shall fund applications in maintained; describe procedures for Applications will be screened for their order of approval until funds run informed consent of participants, where priority area appropriateness. If out. In this case, ACF has the option of applicable, and discuss the criteria to be applications do not clearly select a carrying over the approved applications used to evaluate the results of the priority area, or if an application for a up to a year for funding consideration project. The application should describe single project covers multiple priority in a later competition of the same the evaluation methodology to be used areas (see Section IV.2. Content and program. These applications need not be to determine if the process proposed Form of Application Submission), reviewed and scored again if the was implemented and if the project program’s evaluation criteria have not goals/objectives were achieved. Sound applicants will be contacted by staff to changed. However, they must then be evaluations to determine whether or not provide verbal approval of priority area placed in rank order along with other project goals have been realized are of selection. applications in later competition. importance to child support Applications that pass the initial ACF enforcement policy makers and screening will be evaluated and rated by 3. Anticipated Announcement and administrators. Thus, the proposal an independent review panel on the Award Dates should include a process evaluation basis of specific evaluation criteria. The The anticipated start date for the new component and comparison of before/ results of these reviews will assist the awards is August 1, 2005. Projects under and after the project site(s)’ experience, Commissioner and OCSE program staff Priority 1 may run through December as appropriate, to demonstrate the in considering competing applications. 31, 2006, for a period of up to 17 results achieved. Reviewers’ scores will weigh heavily in months; projects under Priorities 2, 4 Budget and Budget Justification 10 funding decisions but will not be the and 5 may run through July 31, 2007, for Points only factors considered. Applications a period of up to 24 months; and generally will be considered in order of projects under Priority 3 may run The project costs need to be the average scores assigned by reasonable in relation to the identified through July 31, 2008, for a period of up reviewers. However, highly ranked to 36 months. tasks, including the evaluation applications are not guaranteed funding component. A detailed budget (e.g., the because other factors are taken into VI. Award Administration Information staff required, equipment and facilities consideration. These include, but are 1. Award Notices that would be leased or purchased) not limited to, the number of similar should be provided identifying all types of existing grants or projects The successful applicants will be agency and other resources (i.e., state, funded with OCSE funds in the last five notified through the issuance of a community, or other programs such as years; comments of reviewers and Financial Assistance Award document TANF or Head Start) that will be government officials; staff evaluation which sets forth the amount of funds committed to the project. Consultant or and input; geographic distribution; granted, the terms and conditions of the contractor personnel costs should also previous program performance of grant, the budget period for which be delineated. Although the general rule applicants; compliance with grant terms initial support will be given, the non- stated above under the heading TRAVEL under previous DHHS grants; audit Federal share to be provided, and the suggests otherwise, applicants should reports; investigative reports; an total project period for which support is NOT include funds for trips to applicant’s progress in resolving any contemplated. The Financial assistance conferences or to OCSE’s Central Office final audit disallowance on previous Award will be signed by the Grants in Washington, DC. If OCSE requests OCSE or other Federal agency grants. Officer and transmitted via postal mail. such visits, it will reimburse the grantee OCSE will consider the geographic Organizations whose applications will for them. Grant funds cannot be used for distribution of funds among States and not be funded will be notified in capital improvements or the purchase of the relative proportion of funding writing. land or buildings. Explain why this among rural and urban areas. The 2. Administrative and National Policy project’s resource requirements cannot evaluation criteria were designed to Requirements be met by the state/local agency’s assess the quality of a proposed project, Grantees are subject to the regular program operating budget. and to determine the likelihood of its requirements in 45 CFR part 74 (non- success. The evaluation criteria are Preferences 5 Points governmental) or 45 CFR part 92 closely related and are considered as a Preference will be given to those grant (governmental). whole in judging the overall quality of applicants representing IV–D agencies an application. Points are awarded only 3. Reporting Requirements and applicant organizations who have to applications that are responsive to the documented IV–D agency commitment All grantees are required to submit evaluation criteria within the context of to the project, either through a quarterly program reports; grantees are this program announcement. cooperative agreement or letter of also required to submit quarterly commitment, which needs to be signed Federal reviewers will be used for the expenditure reports using the required and attached to the application. review process; however, we may also financial standard form (SF–269) which use consultants. Since ACF will be can be found at the following URL: 2. Review and Selection Process using non-Federal reviewers in the http://www.acf.hhs.gov/programs/ofs/ Each application submitted under this review process, applicants have the forms.htm Final reports are due 90 days program announcement will undergo a option of omitting from the application after the end of the grant period. A pre-review to determine that (1) the copies (not the original) specific salary suggested format for the program report application was received by the closing rates or amounts for individuals will be sent to all grantees after the date and submitted in accordance with specified in the application budget. awards are made.

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VII. Agency Contacts ACTION: Notice of estimated State determining a household’s eligibility for median income estimates for FFY 2006. Program Office Contact LIHEAP. LIHEAP is authorized through the end For questions regarding application SUMMARY: This notice announces the development, forms, or program estimated median income for four- of FFY 2004 by the Coats Human concerns regarding the announcement person families in each State and the Services Reauthorization Act of 1998, contact: Susan Greenblatt, Deputy District of Columbia for FFY 2006 Public Law 105–285, which was enacted Director, Administration for Children (October 1, 2005 to September 30, 2006). on October 27, 1998. The LIHEAP and Families, Office of Child Support LIHEAP grantees may adopt the State program continues to operate with Enforcement (OCSE), Division of State, median income estimates beginning reauthorization legislation currently Tribal and Local Assistance, 370 with the date of this publication of the pending in Congress. L’Enfant Promenade, SW., 4th Floor, estimates in the Federal Register or at Estimates of the median income for a East Wing, Washington, DC 20447. a later date as discussed below. This four-person family for each State and Phone: 202–401–4849. E-mail: means that LIHEAP grantees could the District of Columbia for FFY 2006 [email protected]. choose to implement this notice during have been developed by the Census Grants Management Office Contact the period between the heating and Bureau of the U.S. Department of cooling seasons. However, by October 1, Commerce, using the most recently Sylvia M. Johnson, Office of Grants 2005, or by the beginning of a grantee’s available income data. In developing the Management, Division of Discretionary fiscal year, whichever is later, LIHEAP median income estimates for FFY 2006, Grants, 370 L’Enfant Promenade, SW., grantees using State median income the Census Bureau used the following Suite 500 West, Aerospace Building, estimates must adjust their income Washington, DC 20447. Phone: 202– eligibility criteria to be in accord with three sources of data: (1) The Current 401–4524. E-mail: the FFY 2006 State median income Population Survey’s 2004 Annual Social [email protected]. estimates. and Economic Supplement File; (2) the 2000 Decennial Census of Population; VIII. Other Information This listing of estimate State median incomes provides one of the maximum and (3) 2003 per capita personal income ACF will not send applicants an income criteria that LIHEAP grantees estimates, by State, from the Bureau of acknowledgement of receipt for may use in determining a household’s Economic Analysis (BEA) of the U.S. applications received during the Department of Commerce. application period. income eligibility for LIHEAP. Additional information about this EFFECTIVE DATE: The estimates are For further information on the program and its purpose can be located effective at any time between the date of estimating method and data sources, on the following Web site: URL: this publication and October 1, 2005, or contact the Housing and Household www.acf.hhs.gov/programs/cse/. by the beginning of a LIHEAP grantee’s Economic Statistics Division, at the Dated: February 11, 2005. fiscal year, whichever is later. Census Bureau (302–763–3243). For David H. Siegel, FOR FURTHER INFORMATION CONTACT: information on recent U.S. income Acting Commissioner, Office of Child Support Leon Litow, Administration for trends go to: http://www.census.gov/ Enforcement. Children and Families, HHS, Office of prod/2004pubs/p60-226.pdf. [FR Doc. 05–3090 Filed 2–16–05; 8:45 am] Community Services, Division of Energy A state-by-state listing of median Assistance, 5th Floor West, 370 L’Enfant BILLING CODE 4184–01–P income, and 60 percent of median Promenade, SW., Washington, DC income, for a four-person family for FFY 20447, Telephone: (202) 401–5304, E- 2006 follows: The listing describes the Mail [email protected]. DEPARTMENT OF HEALTH AND method for adjusting median income for HUMAN SERVICES SUPPLEMENTARY INFORMATION: Under the families of different sizes as specified in provisions of section 2603(11) of Title regulations applicable to LIHEAP, at 45 Administration for Children and XXVI of the Omnibus Budget Families CFR 96.85(b), which was published in Reconciliation Act of 1981 (Pub. L. 97– the Federal Register on March 3, 1988 35, as amended), we are announcing the State Median Income Estimate for a at 53 FR 6824. estimated median income of a four- Four-Person Family (FFY 2006); Notice person family for each State, the District Dated: February 9, 2005. of the Federal Fiscal Year (FFY) 2006 of Columbia, and the United States for State Median Income Estimates for Use Robert L. Mott, FFY 2006 (the period of October 1, Under the Low Income Home Energy Deputy Director, Office of Community Assistance Program (LIHEAP) 2005, through September 30, 2006). Services. Administration by the Administration Section 2605(b)(2)(B)(ii) of the for Children and Families, Office of LIHEAP statute provides that 60 percent Community Services, Division of of the median income for each State, as Energy Assistance annually established by the Secretary of the Department of Health and Human AGENCY: Office of Community Services, Services, is one of the income criteria ACF, HHS. that LIHEAP grantees may use in

ESTIMATED STATE MEDIAN INCOME FOR A FOUR-PERSON FAMILY, BY STATE, FEDERAL FISCAL YEAR 2006 1

Estimated State 60 percent of median income for estimated State States a four-person median income for 2 a four-person family family

Alabama ...... $55,448 $33,269

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ESTIMATED STATE MEDIAN INCOME FOR A FOUR-PERSON FAMILY, BY STATE, FEDERAL FISCAL YEAR 2006 1—Continued

Estimated State 60 percent of median income for estimated State States a four-person median income for 2 a four-person family family

Alaska ...... 72,110 43,266 Arizona ...... 58,206 34,924 Arkansas ...... 48,353 29,012 California ...... 67,814 40,688 Colorado ...... 71,559 42,935 Connecticut ...... 86,001 51,601 Delaware ...... 72,680 43,608 Dist. of Col...... 56,067 33,640 Florida ...... 58,605 35,163 Georgia ...... 62,294 37,376 Hawaii ...... 71,320 42,792 Idaho ...... 53,376 32,026 Illinois ...... 72,368 43,421 Indiana ...... 65,009 39,005 Iowa ...... 64,341 38,605 Kansas ...... 64,215 38,529 Kentucky ...... 53,198 31,919 Louisiana ...... 50,529 30,317 Maine ...... 59,596 35,758 Maryland ...... 82,363 49,418 Massachusetts ...... 82,561 49,537 Michigan ...... 68,602 41,161 Minnesota ...... 76,733 46,040 Mississippi ...... 46,570 27,942 Missouri ...... 64,128 38,477 Montana ...... 49,124 29,474 Nebraska ...... 63,625 38,175 Nevada ...... 63,005 37,803 New Hampshire ...... 79,339 47,603 New Jersey ...... 87,412 52,447 New Mexico ...... 45,867 27,520 New York ...... 69,354 41,612 North Carolina ...... 56,712 34,027 North Dakota ...... 57,092 34,255 Ohio ...... 66,066 39,640 Oklahoma ...... 50,216 30,130 Oregon ...... 61,570 36,942 Pennsylvania ...... 68,578 41,147 Rhode Island ...... 71,098 42,659 South Carolina ...... 56,433 33,860 South Dakota ...... 59,272 35,563 Tennessee ...... 55,401 33,241 Texas ...... 54,554 32,732 Utah ...... 62,032 37,219 Vermont ...... 65,876 39,526 Virginia ...... 71,697 43,018 Washington ...... 69,130 41,478 West Virginia ...... 46,169 27,701 Wisconsin ...... 69,010 41,406 Wyoming ...... 56,065 33,639 Note—FFY 2006 covers the period of October 1, 2005 through September 30, 2006. The estimated median income for a four-person family living in the United States is $65,093 for FFY 2006. The estimates are effective for the Low Income Home Energy Assistance Program (LIHEAP) at any time between the date of this publication and October 1, 2005, or by the beginning of a LIHEAP grantee’s fiscal year, whichever is later. 1 In accordance with 45 CFR 96.85, each State’s estimated median income for a four-person family is multiplied by the following percentages to adjust for family size: 52% for one person, 68% for two persons, 84% for three persons, 100% for four persons, 116% for five persons, and 132% for six persons. For each additional family member above six persons, add 3% to the percentage for a six-person family (132%), and mul- tiply the new percentage by the State’s estimated median income for a four-person family. 2 Prepared by the Census Bureau from the Current Population Survey’s 2004 Annual Social and Economic Supplement File, 2000 Decennial Census of Population and Housing, and 2003 per capita personal income estimates, by State, from the Bureau of Economic Analysis (BEA). For further information, contact the Housing and Household Economic Statistics Division at the Census Bureau (301–763–3243).

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[FR Doc. 05–3088 Filed 2–16–05; 8:45 am] DEPARTMENT OF HEALTH AND person before March 17, 2005, and BILLING CODE 4184–01–M HUMAN SERVICES submit a brief statement of the general nature of the evidence or arguments Food and Drug Administration they wish to present, the names and DEPARTMENT OF HEALTH AND addresses of proposed participants, and HUMAN SERVICES Joint Meeting of the Dermatologic and an indication of the approximate time Ophthalmic Drugs Advisory Committee requested to make their presentation. Food and Drug Administration and the Nonprescription Drugs Persons attending FDA’s advisory Advisory Committee; Notice of Meeting committee meetings are advised that the [Docket No. 1983G–0318] AGENCY: Food and Drug Administration, agency is not responsible for providing HHS. access to electrical outlets. FDA welcomes the attendance of the Kerry, Inc.; Withdrawal of Generally ACTION: Notice. Recognized as Safe Affirmation public at its advisory committee Petition This notice announces a forthcoming meetings and will make every effort to meeting of a public advisory committee accommodate persons with physical AGENCY: Food and Drug Administration, of the Food and Drug Administration disabilities or special needs. If you HHS. (FDA). The meeting will be open to the require special accommodations due to public. a disability, please contact LaNise Giles ACTION: Notice. Name of Committees: Dermatologic at 301–827–7001, at least 7 days in and Ophthalmic Drugs Advisory advance of the meeting. SUMMARY: The Food and Drug Committee and the Nonprescription Notice of this meeting is given under Administration (FDA) is announcing the Drugs Advisory Committee. the Federal Advisory Committee Act (5 withdrawal, without prejudice to a General Function of the Committees: U.S.C. app. 2). future filing, of a generally recognized To provide advice and Dated: February 10, 2005. as safe (GRAS) affirmation petition recommendations to the agency on Sheila Dearybury Walcoff, (GRASP 3G0287) proposing that the use FDA’s regulatory issues. Assistant Commissioner for External of gum acacia (arabic) in alcoholic Date and Time: The meeting will be Relations. beverages up to a maximum level of 20 held on March 24, 2005, from 8 a.m. to [FR Doc. 05–3055 Filed 2–16–05; 8:45 am] percent in the finished preparation 5:30 p.m. BILLING CODE 4160–01–S (liqueur) is GRAS. Location: Hilton Washington DC North/Gaithersburg, The Ballrooms, 620 FOR FURTHER INFORMATION CONTACT: Perry Pkwy., Gaithersburg, MD. DEPARTMENT OF HEALTH AND Mical Honigfort, Center for Food Safety Contact Person: Teresa A. Watkins, HUMAN SERVICES and Applied Nutrition (HFS–265), Food Center for Drug Evaluation and Research and Drug Administration, 5100 Paint (HFD–21), Food and Drug Health Resources and Services Branch Pkwy., College Park, MD 20740, Administration, 5600 Fishers Lane (for Administration 301–436–1278. express delivery: 5630 Fishers Lane, rm. Agency Information Collection 1093) Rockville, MD 20857, 301–827– SUPPLEMENTARY INFORMATION: In a notice Activities: Proposed Collection: 7001, FAX: 301–827–6801, or email: published in the Federal Register of Comment Request October 13, 1983 (48 FR 46626), FDA [email protected], or FDA Advisory announced that a petition (GRASP Committee Information Line, 1–800– In compliance with the requirement 3G0287) had been filed by Beatrice 741–8138 (301–443–0572 in the for opportunity for public comment on Foods Co., c/o 135 South LaSalle, Washington, DC area), code 3014512534 proposed data collection projects or 3014512541. Please call the Chicago, IL 60603 (now Kerry, Inc., c/ (section 3506(c)(2)(A) of Title 44, United Information Line for up-to-date o Bell, Boyd, and Lloyd, LLC, Three States Code, as amended by the information on this meeting. Paperwork Reduction Act of 1995, Pub. First National Plaza, 70 West Madison Agenda: The committee will discuss L. 104–13), the Health Resources and St., suite 3300, Chicago, IL 60602). This what should be the necessary and Services Administration (HRSA) petition proposed to amend § 184.1330 sufficient safety database in order to publishes periodic summaries of Acacia (gum arabic) (21 CFR 184.1330) evaluate the prescription (Rx) to over- proposed projects being developed for to affirm the use of gum acacia (arabic) the-counter (OTC) switch of topical submission to OMB under the in alcoholic beverages up to a maximum corticosteroids, especially the database Paperwork Reduction Act of 1995. To level of 20 percent in the finished to evaluate the potential for request more information on the preparation (liqueur) as GRAS. hypothalamic, pituitary, adrenal (HPA) proposed project or to obtain a copy of Kerry, Inc. has now withdrawn the and growth suppression and other the data collection plans and draft petition without prejudice to a future systemic and local adverse events. instruments, call the HRSA Reports filing (21 CFR 171.7). Procedure: Interested persons may Clearance Officer on (301) 443–1129. present data, information, or views, Comments are invited on: (a) Whether Dated: January 28, 2005. orally or in writing, on issues pending the proposed collection of information Leslye M. Fraser, before the committee. Written is necessary for the proper performance Director, Office of Regulations and Policy, submissions may be made to the contact of the functions of the agency, including Center for Food Safety and Applied Nutrition. person by March 17, 2005. Oral whether the information shall have [FR Doc. 05–3024 Filed 2–16–05; 8:45 am] presentations from the public will be practical utility; (b) the accuracy of the BILLING CODE 4160–01–S scheduled between approximately 1 agency’s estimate of the burden of the p.m. and 2 p.m. Time allotted for each proposed collection of information; (c) presentation may be limited. Those ways to enhance the quality, utility, and desiring to make formal oral clarity of the information to be presentations should notify the contact collected; and (d) ways to minimize the

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burden of the collection of information adequate supply of trained primary care designated HPSA approved by the on respondents, including through the health professionals to provide services Secretary for LRP participants. use of automated collection techniques in the neediest Health Professional This request for extension of OMB or other forms of information Shortage Areas (HPSAs) of the United approval will include the NHSC LRP technology. States. Under this program, the Application, Loan Verification Form, Proposed Project: The National Health Department of Health and Human Site Information Form, Request for Service Corps (NHSC) Loan Repayment Services agrees to repay the educational Method of Advanced Loan Repayment Program (LRP) (OMB No. 0915–0127)— loans of the primary care health Form and Authorization to Release Extension professionals. In return, the health Information Form. professionals agree to serve for a The NHSC Loan Repayment Program The estimate of burden is as follows: (LRP) was established to assure an specified period of time in a federally-

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

Applicants ...... 1430 *1 1430 1.5 2145 Lenders ...... 70 **1 70 .25 18

Total ...... 1500 1500 ...... 2163 *An applicant response includes completion of one of each of the above-listed forms, and may include the completion of additional Loan Verification Forms (one for each educational loan for which he or she is seeking repayment). **A lender response includes completion of one Loan Verification Form for each educational loan of an applicant it holds.

Send comments to Susan G. Queen, publishes periodic summaries of Health Professions (BHPr), HRSA, is Ph.D., HRSA Reports Clearance Officer, proposed projects being developed for committed to improving the health of Room 10–33, Parklawn Building, 5600 submission to the Office of Management the Nation’s underserved by uniting Fishers Lane, Rockville, MD 20857. and Budget under the Paperwork communities in need with caring health Written comments should be received Reduction Act of 1995. To request more professionals and by supporting within 60 days of this notice. information on the proposed project or communities’ efforts to build better Dated: February 10, 2005. to obtain a copy of the data collection systems of care. plans and draft instruments, call the Tina M. Cheatham, HRSA Reports Clearance Officer on The Application for NHSC Director, Division of Policy Review and (301) 443–1129. Recruitment and Retention Assistance Coordination. Comments are invited on: (a) Whether submitted by sites or clinicians, requests [FR Doc. 05–3022 Filed 2–16–05; 8:45 am] the proposed collection of information information on the practice site, BILLING CODE 4165–15–P is necessary for the proper performance sponsoring agency, recruitment contact, of the functions of the Agency, staffing levels, service users, charges for including whether the information shall services, employment policies, and DEPARTMENT OF HEALTH AND have practical utility; (b) the accuracy of fiscal management capabilities. HUMAN SERVICES the Agency’s estimate of the burden of Assistance in completing the Health Resources and Services the proposed collection of information; application may be obtained through the Administration (c) ways to enhance the quality, utility, appropriate State Primary Care Offices, and clarity of the information to be State Primary Care Associations and Agency Information Collection collected; and (d) ways to minimize the NHSC contractors. The information on Activities: Proposed Collection: burden of the collection of information the application is used for determining Comment Request on respondents, including the use of eligibility of sites and to verify the need automated collection techniques or for NHSC providers. Sites must apply In compliance with the requirement other forms of information technology. for opportunity for public comment on once every three years. proposed data collection projects Proposed Project: The National Health Estimates of annualized reporting (section 3506(c)(2)(A) of Title 44, United Service Corps (NHSC) Recruitment and burden are as follows: States Code, as amended by the Retention Assistance Application (OMB Paperwork Reduction Act of 1995, Pub. No. 0915–0230)—Revision L. 104–13), the Health Resources and The National Health Service Corps Services Administration (HRSA) (NHSC), managed by the Bureau of

Number of Response per Hours per Total burden Type of report respondents respondents response hours

Application ...... 2900 1 .5 1450

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Send comments to Susan G. Queen, OMB for review, call the HRSA Reports requests applicants to provide narrative Ph.D., HRSA Reports Clearance Officer, Clearance Office on (301) 443–1129. descriptions of their services and Room 10–33, Parklawn Building, 5600 The following request has been facilities, as well as their links and Fishers Lane, Rockville, MD 20857. submitted to the Office of Management collaboration with community-based Written comments should be received and Budget for review under the providers of oral health services. within 60 days of this notice. Paperwork Reduction Act of 1995: The primary purpose of collecting this Dated: February 10, 2005. Proposed Project: Ryan White CARE information annually, as part of the DRP Tina M. Cheatham, Act Dental Reimbursement Program Application, is to verify eligibility and determine the reimbursement amount Director, Division of Policy Review and (OMB No. 0915–0151)—Revision each applicant should receive. This Coordination. The Dental Reimbursement Program information also allows HRSA to learn [FR Doc. 05–3023 Filed 2–16–05; 8:45 am] (DRP) under Part F of the Ryan White about (1) The extent of the involvement BILLING CODE 4165–15–P CARE Act offers grants to accredited dental schools and programs that of dental schools and programs in provide non-reimbursed oral health care treating patients with HIV, (2) the number and characteristics of clients DEPARTMENT OF HEALTH AND to patients with HIV disease. The Ryan who receive CARE Act-supported oral HUMAN SERVICES White CARE Act Amendments of 2000 expanded eligibility of this program to health services, (3) the types and Health Resources and Services accredited schools of dental hygiene, in frequency of the provision of these Administration addition to previously funded schools of services, (4) the non-reimbursed costs of dentistry and post-doctoral dental oral health care provided to patients Agency Information Collection education programs. with HIV, and (5) how applicants intend Activities: Submission for OMB HRSA is revising the DRP Application to use DRP funds once they are Review; Comment Request that schools and programs use to apply received. In addition to meeting the goal for funding of non-reimbursed costs of accountability to Congress, clients, Periodically, the Health Resources incurred in providing oral health care to advocacy groups, and the general and Services Administration (HRSA) patients with HIV. Awards are public, information collected in the DRP publishes abstracts of information authorized under section 2692 of the Application is critical for HRSA, State collection requests under review by the Public Health Service Act (42 U.S.C. and local grantees, and individual Office of Management and Budget 300ff–111). The DRP Application will providers, to help assess the status of (OMB), in compliance with the collect data in three different areas: existing HIV-related health service Paperwork Reduction Act of 1995 (44 Program information, patient delivery systems. U.S.C. Chapter 35). To request a copy of demographics and services, and The estimated reporting burden is as the clearance requests submitted to reimbursement and funding. It also follows:

Number of Hours per Total burden Collection respondents application hours

Reimbursement Request ...... 125 20 2500

Written comments and ACTION: Notice of meeting. will meet in room 6319 of the Coast recommendations concerning the Guard Headquarters Bldg, 2100 Second proposed information collection should SUMMARY: The National Offshore Safety Street, SW., Washington, DC Send be sent within 30 days of this notice to: Advisory Committee (NOSAC) and its written material and requests to make John Kraemer, Health Resources and Subcommittee on SOLAS Application oral presentations to Commander J.M. Services Administration, Human for Offshore Support Vessels will meet Cushing, Commandant (G–MSO–2), U.S. Resources and Housing Branch, Office to discuss various issues relating to Coast Guard Headquarters, 2100 Second of Management and Budget, New offshore safety and security. Both Street SW., Washington, DC 20593– Executive Office Building, Room 10235, meetings will be open to the public. 0001. This notice is available on the Washington, DC 20503. DATES: NOSAC will meet on Tuesday, Internet at http://dms.dot.gov. April 5, 2005, from 9 a.m. to 3 p.m. The Dated: February 11, 2005. FOR FURTHER INFORMATION CONTACT: Subcommittee on SOLAS Application Tina M. Cheatham, Commander J. M. Cushing, Executive for OSVs will meet on Monday, April 4, Director, Division of Policy Review and Director of NOSAC, or Mr. Jim Magill, 2005, from 1 p.m. to 3:30 p.m. These Coordination. Assistant to the Executive Director, meetings may close early if all business [FR Doc. 05–3054 Filed 2–16–05; 8:45 am] telephone 202–267–1082, fax 202–267– is finished. Written material and BILLING CODE 4165–15–P 4570. requests to make oral presentations should reach the Coast Guard on or SUPPLEMENTARY INFORMATION: Notice of before March 22, 2005. Requests to have the meetings is given under the Federal DEPARTMENT OF HOMELAND a copy of your material distributed to Advisory Committee Act, 5 U.S.C. App. SECURITY each member of the committee should 2. Coast Guard reach the Coast Guard on or before Agenda of Meetings March 22, 2005. [USCG–2005–20336] ADDRESSES: NOSAC will meet in room National Offshore Safety Advisory 2415 of the Coast Guard Headquarters Committee. The agenda includes the National Offshore Safety Advisory following: Committee Bldg, 2100 Second Street, SW., Washington, DC. The SOLAS (1) Report on issues concerning the AGENCY: Coast Guard, DHS. Application for OSVs Subcommittee International Maritime Organization and

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the International Organization for DEPARTMENT OF HOUSING AND practical utility; (2) evaluate the Standardization. URBAN DEVELOPMENT accuracy of the agency’s estimate of the (2) SOLAS compliance for foreign burden of the proposed collection of [Docket No. FR–4978–N–02] operation of U.S. flagged Offshore information; (3) enhance the quality, Support Vessels including Liftboats. utility, and clarity of the information to (3) Report from the Liftboat Notice of Proposed Information Collection for Public Comment; be collected; and (4) minimize the Subcommittee on operations procedure/ burden of the collection of information training for liftboat operators. Demolition/Disposition Application on (4) Offshore Helidecks—new and Reporting on those who are to respond, including through the use of appropriate revised API and ICAO standards. AGENCY: Office of the Assistant (5) Revision of 33 CFR Chapter I, automated collection techniques or Secretary for Public and Indian other forms of information technology, Subchapter N, Outer Continental Shelf Housing, HUD. activities. e.g., permitting electronic submission of (6) 33 CFR Chapter I, Subchapter NN, ACTION: Notice. responses. Temporary Final Rule on Deepwater SUMMARY: The proposed information The notice also lists the following Ports, and status of license submissions collection requirement described below information: for LNG deepwater ports. will be submitted to the Office of SOLAS Application for OSVs Title of Proposal: Demolition/ Management and Budget (OMB) for Subcommittee. The agenda includes the Disposition Application. review, as required by the Paperwork following: OMB Control Number: 2577–0075. (1) Review and discuss previous Reduction Act. The Department is Description of the Need for the work. soliciting public comments on the (2) Work on outline of Draft Report. subject proposal. Information and Proposed Use: Housing DATES: Comments Due Date: April 18, Agencies (HAs), are required to submit Procedural 2005. information to HUD to request The meeting is open to the public. permission to demolish or sell all or a ADDRESSES: Interested persons are Please note that the meeting may close portion of a development (i.e. dwelling invited to submit comments regarding early if all business is finished. At the units, nondwelling property or vacant this proposal. Comments should refer to Chair’s discretion, members of the land) owned and operated by a HA. The public may make oral presentations the proposal by name/or OMB Control number and should be sent to: Aneita specific information requested in the during the meeting. If you would like to application is based on requirements of make an oral presentation at the Waites, Reports Liaison Officer, Public and Indian Housing, Department of the statute, section 18 of the United meeting, please notify the Executive States Housing Act of 1937, as amended, Director no later than March 22, 2005. Housing and Urban Development, 451 7th Street, SW., Room 4116, and specifically identified in 24 CFR Written material for distribution at the part 970 of the regulation. The meeting should reach the Coast Guard Washington, DC 20410–5000. Department uses the information no later than March 22, 2005. If you FOR FURTHER INFORMATION CONTACT: submitted to determine whether, and would like a copy of your material Aneita Waites, (202) 708–0713, distributed to each member of the extension 4114, for copies of the under what circumstances, to permit a committee in advance of the meeting, proposed forms and other available HA to demolish or sell all or a portion please submit 25 copies to the Executive documents. (This is not a toll-free of a public housing development. The Director no later than March 22, 2005. number). Department has automated the application process by instituting the SUPPLEMENTARY INFORMATION: The Information on Services for Individuals Demolition/Disposition module in the With Disabilities Department will submit the proposed information collection to OMB review, Public and Indian Housing Information For information on facilities or as required by the Paperwork Reduction Center (PIC) in February of 2004. services for individuals with disabilities Act of 1995 (44 U.S.C. Chapter 35, as Agency Form Number: HUD–52860. or to request special assistance at the amended). This notice is soliciting meeting, contact the Executive Director Members of Affected Public: State or comments from members of the public as soon as possible. local government. and affected agencies concerning the Dated: February 9, 2005. proposed collection of information to: Estimation of the total number of Howard L. Hime, (1) Evaluate whether the proposed hours needed to prepare the information Acting Director of Standards, Marine Safety, collection of information is necessary collection including number of Security and Environmental Protection. for the proper performance of the respondents: [FR Doc. 05–3019 Filed 2–16–05; 8:45 am] functions of the agency, including BILLING CODE 4910–15–P whether the information will have

Frequency of Hours of Number of respondents submissions responses Burden hours

120 ...... 1 15 *1,920 120 ...... 1 1⁄2 60 120 ...... 1 1⁄2 60 120 ...... 1 16 2,040 *1,920 Reporting: 120 hours recordkeeping—Total Burden: 2,040 Hours.

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Status of the Proposed Information Cottage Way, Sacramento, California, targeted special status species. Collection: Extension of currently 95825; telephone 916–414–6500; fax Management programs for all wildlife- approved collection. 916–414–6512. dependant public uses will improve and Authority: Section 3506 of the Paperwork SUPPLEMENTARY INFORMATION: expand. Changes at Pixley Refuge under Alternative C will be similar to those Reduction Act of 1995, 44 U.S.C. chapter 35, Background as amended. under Alternative B with additional Kern National Wildlife Refuge is improvements in sandhill crane Dated: February 10, 2005. located in the southern portion of management. Under Alternative D, Michael Liu, California’s San Joaquin Valley, in Kern management of both Kern and Pixley Assistant Secretary for Public and Indian County. It was established in 1960, to Refuges would have changed to Housing. provide wintering habitat for waterfowl maximize native biodiversity. The [FR Doc. 05–3007 Filed 2–16–05; 8:45 am] and other migratory birds in the Service would have substantially BILLING CODE 4210–33–M southern San Joaquin Valley. Kern modified management of moist soil Refuge consists of a 11,249-acre unit, units at both Refuges to encourage owned by the Service. Kern Refuge’s native waterfowl food plants and DEPARTMENT OF THE INTERIOR seasonal wetlands are an important improve habitat for shorebirds. wintering area for Pacific Flyway The Service received thirteen Fish and Wildlife Service waterfowl and a popular destination for comment letters on the Draft CCP and southern California hunters. The EA. The comments received were Availability of the Final Comprehensive Refuge’s grassland, alkali scrub, and incorporated into the CCP, when Conservation Plan and Summary for riparian communities support four appropriate, and are responded to in an Kern and Pixley National Wildlife endangered species and several other appendix to the CCP. Alternative C was Refuges, Kern and Tulare Counties, CA special status species. selected for implementation and is the AGENCY: Fish and Wildlife Service, Pixley National Wildlife Refuge is basis for the Final CCP. Interior. located northeast of Kern Refuge in With the management program Tulare County. Pixley Refuge was set described in the Final CCP, the Service ACTION: Notice of availability. aside in 1959, to provide wintering will continue existing management of SUMMARY: The U.S. Fish and Wildlife habitat for migratory birds. Later, it was moist soil units at Kern and Pixley Service announces that the Kern and expanded to protect habitat for the Refuges and seasonal marsh units at Pixley Refuges’ Final Comprehensive endangered blunt-nosed leopard lizard Kern Refuge. In addition, the Service Conservation Plan (CCP) and Summary and Tipton kangaroo rat. The Pixley will rehabilitate 1,330 acres of seasonal are available for distribution. The CCP, Refuge acquisition boundary contains marsh units at Kern Refuge to improve prepared pursuant to the National about 10,300 acres, of which, about 62 habitat conditions and water Wildlife Refuge System Administration percent is owned by the Federal management efficiency. One of the Act as amended, and in accordance with government. Pixley Refuge protects objectives of the CCP is eradicating 90 the National Environmental Policy Act mostly grassland and smaller amounts percent of the salt cedar on Kern Refuge of 1969, describes how the Service will of alkali playa, saltbush scrub, vernal within five years, using flooding and manage the two Refuges for the next 15 pools, and riparian habitats. Pixley mechanical removal. To provide years. The compatibility determinations Refuge also has 756 acres of moist soil sanctuary for wintering birds and other for waterfowl hunting, wildlife wetlands that are managed for wintering wildlife, the existing flexible closed observation and photography, waterfowl, sandhill cranes, and other zone will be maintained. Pixley Refuge environmental education and migratory birds. will remain closed to hunting. The interpretation, research, grazing and The availability of the Draft CCP and Service will continue to maintain water mosquito control are also available with Environmental Assessment (EA) for a through most of the summer in the the CCP. 30-day public review and comment eastern portion of unit 1 to provide period was published in the Federal nesting habitat for tricolor blackbirds, DATES: The Final CCP and Finding of No Register on Friday, June 25, 2004 in white-faced ibis, and other colonial Significant Impact (FONSI) are available Volume 69, Number 122. The Draft nesting birds. In addition, a 272-acre now. The FONSI was signed on CCP/EA identified and evaluated four grain unit will be developed on Pixley September 30, 2004. Implementation of alternatives for managing the Refuges Refuge to provide forging habitat for the CCP may begin immediately. for the next 15 years. Alternative A was sandhill cranes and geese. ADDRESSES: Copies of the Final CCP, the no-action alternative which Under the selected plan, the Service FONSI, or Summary may be obtained by described current Refuge management will continue to use cattle grazing on writing to the U.S. Fish and Wildlife activities. Under Alternative B, Kern and Pixley Refuge’s upland Service, Attn: Mark Pelz, California/ improvements at Kern Refuge would habitats as a vegetation management Nevada Refuge Planning Office, Room have focused on improving habitat for tool to improve conditions for the W–1916, 2800 Cottage Way, migratory waterfowl and increasing endangered blunt-nosed leopard lizard Sacramento, California, 95825. Copies of waterfowl hunting opportunities. and Tipton kangaroo rat. In addition, a the CCP may be viewed at this address Changes at Pixley Refuge under grassland management plan will be or at the Kern National Wildlife Refuge Alternative B would have focused on developed that will explore various Complex Headquarters, 10811 Corcoran improving and expanding the Refuge’s options for managing plant cover and Road, Delano, California, 93216. The existing threatened and endangered improving habitat conditions for these Final CCP is also available online for species management and environmental two species. The Service will also viewing and downloading at http:// education and interpretation programs. pursue acquisition of the remaining pacific.fws.gov/planning. Under Alternative C (the selected plan), natural lands within Pixley Refuge’s FOR FURTHER INFORMATION CONTACT: Kern Refuge’s focus will continue to approved boundary from willing sellers. Mark Pelz, U.S. Fish and Wildlife emphasize providing wintering habitat The Service will continue to maintain Service, California/Nevada Refuge for waterfowl and other migratory birds, 215 acres of existing riparian habitat at Planning Office, Room W–1916, 2800 and also contributing to the recovery of Kern Refuge by periodically flooding it.

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In addition, the Service will plant and Order Brazil)—briefing and vote. (The maintain 15 acres of new riparian By virtue of the authority vested in Commission is currently scheduled to habitat at Kern Refuge and 10 acres at the Secretary of the Interior by section transmit its determination to the Pixley Refuge. Herbicides will be used 204 of the Federal Land Policy and Secretary of Commerce on March 7, to treat salt cedar on Kern Refuge Management Act of 1976, 43 U.S.C. 2005; Commissioners’ opinions are through foliar spray or cut stump 1714 (2000), it is ordered as follows: currently scheduled to be transmitted to application with a goal of removing 90 1. Subject to valid existing rights, the the Secretary of Commerce on or before percent within 10 years. In addition, the following described National Forest March 14, 2005.) Service will restore 400 acres of valley System lands are hereby withdrawn 5. Outstanding action jackets: none. sink scrub on Kern Refuge. from location and entry under the Under the selected plan, hunting In accordance with Commission United States mining laws, 30 U.S.C. ch. opportunities at Kern Refuge will be policy, subject matter listed above, not 2 (2000), to protect the Gallinas Peak increased by opening an additional 540 disposed of at the scheduled meeting, and West Turkey Cone Electronic Sites: acres to hunting, and constructing nine may be carried over to the agenda of the new hunting blinds. Other new visitor Cibola National Forest following meeting. services projects at Kern Refuge include: New Mexico Principal Meridian Issued: February 14, 2005. developing new interpretive signs and By order of the Commission. Gallinas Peak Electronic Site displays, and a new refuge brochure; Marilyn R. Abbott, enhancing the pond at the refuge T. 1 S., R.11 E., Secretary to the Commission. Sec. 4, S1⁄2SW1⁄4NW1⁄4SE1⁄4, entrance and constructing a new kiosk [FR Doc. 05–3145 Filed 2–15–05; 11:12 am] and boardwalk; constructing a new 4.3- N1⁄2SW1⁄4SE1⁄4, S1⁄2NE1⁄4SE1⁄4SE1⁄4, and 1 1 1 1 1 1 BILLING CODE 7020–02–P mile tour route (open every day); and W ⁄2SE ⁄4SE ⁄4; Sec. 9, NW ⁄4NE ⁄4NE ⁄4. constructing two new photo blinds. In West Turkey Cone Electronic Site addition, the environmental education T. 1 S., R. 11 E., program will be expanded and a visitor 1 1 1 1 1 1 1 Sec. 4, S ⁄2S ⁄2NE ⁄4SW ⁄4, N ⁄2SW ⁄4SW ⁄4, DEPARTMENT OF JUSTICE services plan will be developed. At N1⁄2S1⁄2SW1⁄4SW1⁄4, and Pixley Refuge, a new wildlife viewing W1⁄2NW1⁄4SE1⁄4SW1⁄4; Notice of Lodging Proposed Consent area and interpretive displays will be Sec. 5, S1⁄2S1⁄2NE1⁄4SE1⁄4, E1⁄2SE1⁄4SE1⁄4, Decree constructed on the Turkey Tract and N1⁄2NW1⁄4SE1⁄4SE1⁄4. adjacent to State Highway 43. Full The areas described aggregate 140 acres in In accordance with Departmental implementation of the selected plan will Lincoln County. Policy, 28 CFR 50.7, notice is hereby be subject to available funding and 2. This withdrawal will expire 20 given that a proposed consent decree in staffing. years from the effective date of this United States v. Demetra Arvanitis, et Dated: February 11, 2005. order unless, as a result of a review al., (Case No. 02 C 50371, was lodged Steve Thompson, conducted before the expiration date with the United States District Court for Manager, California/Nevada Operations pursuant to section 204(f) of the Federal the Northern District of Illinois on Office, Fish and Wildlife Service, Sacramento, Land Policy and Management Act of February 7, 2005. This proposed California. 1976, 43 U.S.C. 1714(f) (2000), the Consent Decree concerns a complaint [FR Doc. 05–3073 Filed 2–16–05; 8:45 am] Secretary determines that the filed by the United States against the BILLING CODE 4310–55–P withdrawal shall be extended. Defendants pursuant to Section 301(a) of the Clean Water Act (‘‘CWA’’), 33 Dated: January 24, 2005. U.S.C. 1311(a), to obtain injunctive DEPARTMENT OF THE INTERIOR Rebecca W. Watson, relief from and impose civil penalties Assistant Secretary—Land and Minerals against the Defendants for filling Bureau of Land Management Management. wetlands on their property without a [FR Doc. 05–3053 Filed 2–16–05; 8:45 am] [NMNM 91985, NMNM 91986] permit. The proposed Consent Decree BILLING CODE 3410–11–P requires the defendants to pay a civil Public Land Order No. 7625; penalty, pay for wetland restoration, Withdrawal of National Forest System and donate the wetland property to a Lands for the Gallinas Peak and West INTERNATIONAL TRADE local conservation district. Turkey Cone Electronic Sites; New COMMISSION The Department of Justice will accept Mexico [USITC SE–05–005] written comments relating to this AGENCY: Bureau of Land Management, proposed Consent Decree for thirty (30) Sunshine Act Meeting Interior. days from the date of publication of this notice. Please address comments to ACTION: Public land order. AGENCY HOLDING THE MEETING: Jonathan Haile, Assistant United States International Trade Commission. SUMMARY: This order withdraws 140 Attorney, United States Attorney’s acres of National Forest System lands TIME AND DATE: March 3, 2005 at 11 a.m. office, 5th Floor, 219 S. Dearborn Street, from location and entry under the PLACE: Room 101, 500 E Street SW., Chicago, Illinois 60604 and refer to United States mining laws for 20 years Washington, DC 20436, Telephone: United States v. Demetra Arvanitis, et. to protect the Gallinas Peak and West (202) 205–2000. al., Case No. 02 C 50371, including the Turkey Cone Electronic Sites. STATUS: Open to the public. USAO # 1999V01339. EFFECTIVE DATE: February 17, 2005. MATTERS TO BE CONSIDERED: The proposed Consent Decree may be FOR FURTHER INFORMATION CONTACT: 1. Agenda for future meetings: none. examined at the Clerk’s Office, United Irene Gonzales, BLM Roswell Field 2. Minutes. States District Court for the Northern Office, 2909 West Second Street, 3. Ratification List. District of Illinois, 219 S. Dearborn Roswell, New Mexico 88201, 505–627– 4. Inv. No. 731–TA–1089 Street, Chicago, Illinois. In addition, the 0287. (Preliminary) (Certain Orange Juice from proposed Consent Decree may be

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viewed on the World Wide Web at Center, New Haven, CT, and at U.S. EPA States District Court for the District of http://www.usdoj.gov/enrd/open.html. Region 1, One Congress Street, Boston, Colorado, 901 19th Street, Denver, MA. During the public comment period, Colorado. In addition, the proposed Kurt N. Lindland, the Consent Decree may also be Consent Decree may be viewed at Assistant United States Attorney. examined on the following Department http://www.usdoj.gov/enrd/open.html. [FR Doc. 05–3014 Filed 2–16–05; 8:45 am] of Justice Web site, http:// Dated: February 11, 2005. BILLING CODE 4410–15–M www.usdoj.gov/enrd/open.html. A copy Scott A. Schachter, of the proposed Consent Decree may Assistant Chief, Environmental Defense also be obtained by mail from the DEPARTMENT OF JUSTICE Section, Environment & Natural Resources Consent Decree Library, P.O. Box 7611, Division. Notice of Lodging of Consent Decree U.S. Department of Justice, Washington, [FR Doc. 05–3032 Filed 2–16–05; 8:45 am] DC 20044–7611 or by faxing or e- Under the Comprehensive BILLING CODE 4410–15–M Environmental Response, mailing a request to Tonia Fleetwood, Compensation and Liberty Act ([email protected]), fax no. (CERCLA) (202) 514–0097, phone confirmation no. DEPARTMENT OF JUSTICE (202) 514–1547. For a copy of the Consistent with Section 122(d)(2) of proposed Consent Decree including the Notice of Lodging Under the CERCLA, 42 U.S.C. 9622(d)(2), and 28 signature pages and attachments, please Comprehensive Environmental CFR 50.7, notice is hereby given that on enclose a check in the amount of $4.25 Response, Compensation, and Liability February 10, 2005, a proposed Consent (25 cents per page reproduction cost) Act Decree in United States versus Ralph payable to ‘‘U.S. Treasury.’’ Bello, et. al., Civil Action No. 3:01 CV Notice is hereby given that on 1568 (SRU), was lodged with the United Ronald Gluck, February 1, 2005, a proposed States District Court for the District of Assistant Chief, Environmental Enforcement Stipulation and Agreed Order (‘‘Agreed Connecticut. Section, Environment and Natural Resources Order’’) in In re Formica Corp., et al., Division. In this action, the United States Case No. 02–10969, as well as a sought recovery of response costs [FR Doc. 05–3008 Filed 4–16–05; 8:45 am] proposed agreement which is annexed incurred by the United States BILLING CODE 4410–15–M to the Agreed Order (the ‘‘Attachment’’), Environmental Protection Agency in where lodged with the United States conducting a soil cleanup removal Bankruptcy Court for the Southern DEPARTMENT OF JUSTICE action at the National Oil Service District of New York. Under the proposed Agreed Order, the United Superfund Site in West Haven, Notice of Lodging Proposed Consent States Environmental Protection Agency Connecticut. The United States filed its Decree complaint pursuant to Section 107(a) of (‘‘EPA’’) would receive an allowed the Comprehensive Environmental In accordance with Departmental unsecured claim of $744,523 in Response, Compensation and Liability Policy, 28 CFR 50.7, notice is hereby connection with the Skinner Landfill Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), given that a proposed Consent Decree in Superfund Site in West Chester, Ohio, seeking recovery of response costs United States v. Bernstein, Civil Action and an allowed unsecured claim of $4.1 incurred at the Site. There have been No. 05–B–268 (CBS), was lodged with million in connection with the Pristine four prior settlements relating to this the United States District Court for the Superfund Site in Reading, Ohio. Also, Site, and the current proposed District of Colorado on February 10, under the proposed Agreed Order and settlement represents resolution of the 2005. Attachment, distributions on EPA’s United States’ remaining filed claims in This proposed Consent Decree allowed claims would be deposited in this matter. Defendant, The Torrington concerns a complaint filed by the special accounts for the Skinner and Company (‘‘the Settling Defendant’’), is United States against Frederic M. Pristine sites and earmarked for the participating in the proposed Bernstein, Henry Y. Yusem, K&J benefit of the potentially responsible settlement. The proposed Consent Properties, Inc., Y&B Properties, Inc., parties who are performing the remedies Decree resolves the Settling Defendant’s Indian Creek Investments, LLC, and ICR, for the two sites pursuant to consent liability to the United States for LLC, pursuant to 33 U.S.C. 1319(b) and decrees which were entered, unreimbursed response costs at the Site. (d), to obtain injunctive relief from and respectively, in the United States v. Elsa Under the proposed Decree, the Settling impose civil penalties against the Skinner-Morgan, Civ. Action No. C–1– Defendant agrees to pay $350,000 in Defendants for violating the Clean Water 00–424 (S.D. Ohio), and United States v. partial reimbursement of the United Act by discharging pollutants without a American Greetings Corp., Civ. Action States’ response costs. permit into waters of the United States. No. C–1–89–837 (S.D. Ohio). The Department of Justice will receive The proposed Consent Decree resolves For a period of thirty (30) days from for a period of thirty (30) days from the these allegations by requiring the the date of this publication, the date of this publication comments Defendants to restore the impacted areas Department of Justice will receive relating to the proposed Consent Decree. and to pay a civil penalty. comments relating to the proposed Comments should be addressed to the The Department of Justice will accept Agreed Order and Attachment. Assistant Attorney General, written comments relating to this Comments should be addressed to the Environment and Natural Resources proposed Consent Decree for thirty (30) Assistant Attorney General, Division, P.O. Box 7611, U.S. days from the date of publication of this Environment and Natural Resources Department of Justice, Washington, DC Notice. Please address comments to Division, P.O. Box 7611, U.S. 20044–7611, and should refer to United Andrew J. Doyle, Trial Attorney, P.O. Department of Justice, Washington, DC States versus Ralph Bello, et al., D.J. Ref. Box 23986, Washington, DC 20026– 20044, and should refer to In re Formica 90–11–3–07333/1. 3986, and refer to United States v. Corp., et al., Case No. 02–10969, D.J. The proposed Consent Decree may be Bernstein, DJ #Q90–5–1–1–16840. Ref. 90–11–2–07775. examined at the Office of the United The proposed Consent Decree may be The proposed Agreed Order and States Attorney, Connecticut Financial examined at the Clerk’s Office, United Attachment may be examined at the

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Office of the United States Attorney, 86 the City of Tomah, Wisconsin, and the per page reproduction cost) payable to Chambers Street, New York, NY 10007, United States Department of Veterans the U.S. Treasury. and at U.S. EPA Region 5, 77 West Affairs, in which International Paper William Brighton, Jackson Boulevard, Chicago, IL 60604. sought contribution towards certain During the public comment period, the Assistant Chief, Environmental Enforcement costs International Paper allegedly Section, Environment and Natural Resources proposed Agreed Order and Attachment incurred in response to the release or Division. may also be examined on the following threatened release of hazardous [FR Doc. 05–3010 Filed 2–16–05; 8:45 am] Department of Justice website, http:// substances at the Site. The Consent BILLING CODE 4410–75–M www.usdoj.gov/enrd/open.html. A copy Decree addresses claims with respect to of the proposed Agreed Order and a second Operable Unit (‘‘OU2’’) at the Attachment may also be obtained by Site, as a previous consent decree DEPARTMENT OF JUSTICE mail from the Consent Decree Library, entered by the Court addressed claims P.O. Box 7611, U.S. Department of with respect to Operable Unit 1. Notice of Lodging of Settlement Justice, Washington, DC 20044, or by e- Agreement Under the Comprehensive mailing or faxing a request to Tonia Under the Consent Decree, International Paper is required to Environmental Response, Fleetwood, [email protected], Compensation and Liability Act fax no. (202) 514–0097, phone implement the natural attenuation confirmation no. (202) 514–1547. In remedy for OU2 (design and implement In accordance with 28 CFR 50.7 and requesting a copy from the Consent a groundwater monitoring system for section 122 of the Comprehensive Decree Library, please enclose a check the groundwater outside of the landfill’s Environmental Response, Compensation in the amount of $3.00 (25 cents per boundaries) selected by the United and Liability Act (‘‘CERCLA’’), 42 U.S.C. page reproduction cost) payable to the States Environmental Protection Agency 9622, notice is hereby given that on U.S. Treasury. in the September 24, 2003, Record of February 2, 2005, a proposed Settlement Decision for OU2. The Consent Decree Agreement in In re: Polaroid William D. Brighton, also requires International Paper to pay Corporation, et al., Case No. 01–10864 Assistant Chief, Environmental Enforcement the United States’ direct and indirect (PJW), was lodged with the United Section, Environment and Natural Resources costs associated with OU2 from May 19, States Bankruptcy Court for the District Division. 2003, onward. Under the Consent of Delaware. [FR Doc. 05–3009 Filed 2–16–05; 8:45 am] Decree, the United States will make a In this action the United States, on BILLING CODE 4410–15–M $350,000 payment to International behalf of the United States Paper to resolve International Paper’s Environmental Protection Agency OU2 contribution claims against the (‘‘EPA’’), timely filed a Proof of Claim DEPARTMENT OF JUSTICE United States. against Polaroid Corporation pursuant to section 107(a) of CERCLA, as Notice of Lodging of Consent Decree The Department of Justice will receive amended, 42 U.S. 9607, in connection Under the Comprehensive for a period of thirty (30) days from the with the Peterson/Puritan, Inc. Environmental Response, date of this publication comments Superfund Site, located in the towns of Compensation, and Liability Act relating to the Consent Decree. Cumberland and Lincoln, Rhode Island Comments should be addressed to the Under 42 U.S.C. 9622(d)(2) and 28 (the ‘‘Site’’). Pursuant to the terms of the Assistant Attorney General, CFR 50.7, notice is hereby given that on Settlement Agreement between the Environment and Natural Resources January 31, 2005, a proposed Consent United States and Reorganized Polaroid, Division, P.O. Box 7611, U.S. Decree (‘‘Consent Decree’’) in the the United States shall have an allowed Department of Justice, Washington, DC consolidated matters United States v. general unsecured claim in the amount 20044–7611, and should refer to United International Paper Co., et al. Civil of $11 million, and Reorganized States v. International Paper Co., et al. Action No. 01–C–0693–C, and Polaroid shall receive a covenant not to Civil Action No. 00–C–0693–C, D.J. Ref. International Paper Co. v. City of sue for future response costs relating to 90–11–2–1317/1. Tomah, WI, et al., Civil Action No. 00– the Site and as provided in the C–539–C, was lodged with the United The Consent Decree may be examined Settlement Agreement. States District Court for the Western at the Office of the United States The Department of Justice will receive District of Wisconsin. Attorney, Suite 303, City Station, 660 for a period of thirty (30) days from the The Consent Decree settles an action West Washington Avenue, Madison, date of this publication comments brought by the United States under Wisconsin 53703, and at U.S. EPA relating to the Settlement Agreement. section 107 of the Comprehensive Region 5, 77 West Jackson Boulevard, Comments should be addressed to the Environmental Response, Chicago, Illinois 60604–3590. During Assistant Attorney General, Compensation, and Liability Act the public comment period, the Consent Environment and Natural Resources (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., for Decree may also be examined on the Division, P.O. Box 7611, U.S. reimbursement from International Paper following Department of Justice Web Department of Justice, Washington, DC and the City of Tomah, Wisconsin of site, http://www.usdoj.gov/enrd/ 20044–7611, and should refer to In re: response costs incurred and to be open.html. A copy of the Consent Polaroid Corporation, et al., Case No. incurred for response actions taken at or Decree may also be obtained by mail 01–10864 (PJW). in connection with the release or from the Consent Decree Library, P.O. The Settlement Agreement may be threatened release of hazardous Box 7611, U.S. Department of Justice, examined at the offices of EPA Region substances at the Tomah Municipal Washington, DC 20044–7611, or by I, One Congress Street, Suite 1100, SES, Sanitary Landfill site in Monroe County, faxing or e-mailing a request to Tonia Boston, MA 02114–2023. During the Wisconsin (‘‘the Site’’). The Consent Fleetwood ([email protected]), public comment period, the Settlement Decree also settles a lawsuit brought by fax no. (202) 514–0097, phone Agreement may also be examined on the International Paper Company confirmation number (202) 514–1547. In following Department of Justice Web (‘‘International Paper’’) under CERCLA requesting a copy, please enclose a site: http://www.usdoj.gov/enrd/ section 113(f), 42 U.S.C. 9613(f), against check in the amount of $51.00 (25 cents open.html. A copy of the Settlement

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Agreement may also be obtained by mail Under the terms of the Consent DEPARTMENT OF JUSTICE from the Consent Decree Library, P.O. Decree, Thomasville, Univar, and Box 7611, U.S. Department of Justice, Buckingham County have agreed to pay Drug Enforcement Administration Washington, DC 20044–7611 or by $1,976,000 of EPA’s unreimbursed faxing or e-mailing a request to Tonia response costs of $2,052,458.26 at the Manufacturer of Controlled Fleetwood ([email protected]), Site. The United States has reserved its Substances; Notice of Registration a fax no. (202) 514–0097, phone right to pursue an additional $171,688, By Notice dated October 18, 2004, and confirmation number (202) 514–1547. In incurred to implement a discrete drum requesting a copy from the Consent published in the Federal Register on removal action at the Site in 1999, from October 25, 2004, (69 FR 62295), Cody Decree Library, please enclose a check Buckingham County in a separate in the amount of $2.25 (25 cents per Laboratories, Inc., 301 Yellowstone action. The proposed settlement Avenue, Cody, Wyoming 82414, made page reproduction cost), payable to the addresses past costs only, and thus the U.S. Treasury. application by renewal to the Drug Consent Decree reserves all parties’ Enforcement Administration (DEA) for Ronald Gluck, rights with regard to future costs, except registration as a bulk manufacturer of Assistant Section Chief, Environmental for the Defendants’ statute of limitations the basic class of controlled substances Enforcement Section, Environment and defenses. listed in Schedule II: Natural Resources Division. The Department of Justice will receive [FR Doc. 05–3013 Filed 2–16–05; 8:45 am] for a period of thirty (30) days from the Drug Schedule BILLING CODE 4410–15–M date of this publication comments Amphetamine (1100) ...... II relating to the Consent Decree. Methamphetamine (1105) ...... II DEPARTMENT OF JUSTICE Comments should be addressed to the Amobarbital (2125) ...... II Assistant Attorney General, Pentobarbital (2270) ...... II Notice of Lodging of Consent Decree Environment and Natural Resources Secobarbital (2315) ...... II Under the Comprehensive Division, P.O. Box 7611, U.S. Cocaine (9041) ...... II Environmental Response, Department of Justice, Washington, DC Oxycodone (9143) ...... II Compensation, and Liability Act 20044–7611, and should refer to United Dihydromorphine (9145) ...... II States v. Thomasville Furniture Hydromorphone (9150) ...... II In accordance with 28 U.S.C. 50.7, Industries, Inc. et al., Civ. No. Diphenoxylate (9170) ...... II notice is hereby given that on January 6:05CV00001, D.J. Ref. 90–11–2–07971. Meperidine (9230) ...... II 31, 2005, a proposed consent Decree in Oxymorphone (9652) ...... II United States v. Thomasville Furniture The Consent Decree may be examined Sufentanil (9740) ...... II Industries, Inc. et al., Civ. No. at the Office of the United States Fentanyl (9801) ...... II 6:05CV00001, was lodged with the Attorney for the Western District of United States District Court for the Virginia, 105 Franklin Road, SW., Suite The company plans to manufacture Western District of Virginia. 1, Roanoke, VA 24011. During the the listed controlled substances in bulk The proposed consent decree would public comment period, the Consent for distribution to its customers. Decree may also be examined on the resolve the United States’ claims, on No comments or objections have been following Department of Justice Web behalf of the Environmental Protection received. DEA has considered the Agency (‘‘EPA’’), under Section 107(a) site, http://www.usdoj.gov/enrd/ factors in 21 U.S.C. 823(a) and of the Comprehensive Environmental open.html. A copy of the Consent determined that the registration of Cody Response, Compensation, and Liability Decree may also be obtained by mail Laboratories, Inc. to manufacture the Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), from the Consent Decree Library, P.O. listed basic classes of controlled against Thomasville Furniture Box 7611, U.S. Department of Justice, substances is consistent with the public Industries, Inc., (‘‘Thomasville’’), Univar Washington, DC 20044–7611 or by interest at this time. DEA has U.S.A., Inc. (‘‘Univar’’), and faxing or e-mailing a request to Tonia investigated Cody Laboratories, Inc. to Buckingham County, a political Fleetwood ([email protected]), ensure that the company’s registration is subdivision of the Commonwealth of fax no. (202) 514–0097, phone consistent with the public interest. The Virginia, to recover costs incurred by confirmation number (202) 514–1547. In investigation has included inspection the United States in performing requesting a copy of the Consent Decree and testing of the company’s physical response actions at the Buckingham from the Consent Decree Library, please security systems, verification of the County Landfill Superfund Site (‘‘Site’’) enclose a check in the amount of $22.50 company’s compliance with state and in Dillwyn, Virginia as set forth in the (90 pages at 25 cents per page local laws, and a review of the terms of the decree. reproduction cost) payable to the U.S. company’s background and history. Both Thomasville and Univar are Treasury. Therefore, pursuant to 21 U.S.C. 823, liable for the United States’ response and in accordance with 21 CFR 1301.33, costs under Section 107(a)(3) of Robert D. Brook, the above named company is granted CERCLA, 42 U.S.C. 9607(a)(3), because Assistant Section Chief, Environmental registration as a bulk manufacturer of they, or their predecessors, arranged for Enforcement Section, Environment and the basic classes of controlled disposal of CERCLA listed hazardous Natural Resources Division. substances listed. materials at the Site which led to a [FR Doc. 05–3011 Filed 2–16–05; 8:45 am] Dated: February 11, 2005. release of hazardous substances causing BILLING CODE 4410–15–M EPA to incur response costs. William J. Walker, Buckingham County is liable for the Deputy Assistant Administrator, Office of United States’ response costs under Diversion Control, Drug Enforcement Section 107(a)(1) of CERCLA, 42 U.S.C. Administration. 9607(a)(1), as the current owner and [FR Doc. 05–3028 Filed 2–16–05; 8:45 am] operator of the Site. BILLING CODE 4410–09–P

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DEPARTMENT OF LABOR Federal Government; and State, local, or Paragraph (j)(1) requires the employer tribal government. to develop and implement a written Office of the Secretary Number of Respondents: 19,791. housekeeping program that establishes Number of Annual Responses: the frequency and method(s) Submission for OMB Review: 1,406,486. determined best to reduce Comment Request Estimated Time Per Response: Varies accumulations of fugitive grain dust on February 11, 2005. from 2 minutes to affix a tag on ledges, floors, equipment, and other The Department of Labor (DOL) has deenergized equipment to 3 hours to exposed surfaces. submitted the following public develop or modify procedures for tags The purpose of the housekeeping information collection request (ICR) to and locks. program is to require employers to have the Office of Management and Budget Total Burden Hours: 73,572. a planned course of action for the (OMB) for review and approval in Total Annualized capital/startup control and reduction of dust in grain accordance with the Paperwork costs: $0. handling facilities reducing the fuel Reduction Act of 1995 (Pub. L. 104–13, Total Annual Costs (operating/ available in a grain facility. The 44 U.S.C. chapter 35). A copy of this maintaining systems or purchasing housekeeping program must specify in ICR, with applicable supporting services): $0. writing the frequency that housekeeping documentation, may be obtained by Description: The Grain Handling will be performed and the dust control contacting Darrin King on 202–693– Facilities Standard (the Standard) (29 methods that the employer believes will 4129 (this is not a toll-free number) or CFR 1910.272) specifies several best reduce dust accumulations in the e-mail: [email protected]. paperwork requirements. The following facility. Comments should be sent to Office of sections describe what information is Under paragraph (m)(1), the employer Information and Regulatory Affairs, collected under each requirement, who is required to implement preventive Attn: OMB Desk Officer for the uses the information, and how they use maintenance procedures consisting of Occupational Safety and Health it. regularly scheduled inspections of at Administration (OSHA), Office of Paragraph (d) of the standard requires least the mechanical and safety control Management and Budget, Room 10235, the employer to develop and implement equipment associated with dryers, grain Washington, DC 20503, 202–395–7316 an emergency action plan so that stream processing equipment, dust (this is not a toll-free number), within employees will be aware of the collection equipment including filer 30 days from the date of this publication appropriate actions to take in the event collectors, and bucket elevators. in the Federal Register. of an emergency. Paragraph (m)(3) requires a certification The OMB is particularly interested in Paragraph (e)(1) requires that be maintained of each inspection. employers provide training to comments which: Darrin A. King, • employees at least annually and when Evaluate whether the proposed Acting Departmental Clearance Officer. collection of information is necessary changes in job assignment will expose [FR Doc. 05–3075 Filed 2–16–05; 8:45 am] for the proper performance of the them to new hazards. functions of the agency, including Paragraph (f)(1) requires the employer BILLING CODE 4510–26–P whether the information will have to issue a permit for all hot work. Under paragraph (f)(2) the permit shall certify practical utility; DEPARTMENT OF LABOR • Evaluate the accuracy of the that the requirements contained in agency’s estimate of the burden of the 1910.272(a) have been implemented Office of the Secretary proposed collection of information, prior to beginning the hot work including the validity of the operations and shall be kept on file until Submission for OMB Review: methodology and assumptions used; completion of the hot work operation. Comment Request • Enhance the quality, utility, and Paragraph (g)(1)(i) requires the clarity of the information to be employer to issue a permit for entering February 11, 2005. collected; and bins, silos, or tanks unless the employer The Department of Labor (DOL) has • Minimize the burden of the or the employer’s representative is submitted the following public collection of information on those who present during the entire operation. The information collection requests (ICRs) to are to respond, including through the permit shall certify that the precautions the Office of Management and Budget use of appropriate automated, contained in paragraph (g) have been (OMB) for review and approval in electronic, mechanical, or other implemented prior to employees accordance with the Paperwork technological collection techniques or entering bins, silos or tanks and shall be Reduction Act of 1995 (Pub. L. 104–13, other forms of information technology, kept on file until completion of the 44 U.S.C. chapter 35). A copy of each e.g., permitting electronic submission of entry operations. ICR, with applicable supporting responses. Paragraph (g)(4) requires the employer documentation, may be obtained by Agency: Occupational Safety and to implement procedures for the use of contacting Darrin King on 202–693– Health Administration. tags and locks which will prevent the 4129 (this is not a toll-free number) or Type of Review: Extension of inadvertent application of energy or e-mail: [email protected]. currently approved collection. motion to equipment being repaired, Comments should be sent to Office of Title: Grain Handling Facilities (29 serviced, or adjusted. Information and Regulatory Affairs, CFR 1910.272). Paragraphs (i)(1) and (i)(2) require the Attn: OMB Desk Officer for the Mine OMB Number: 1218–0206. employer to inform contractors Safety and Health Administration Frequency: On occasion and performing work at the grain handling (MSHA), Office of Management and Annually. facility of known potential fire and Budget, Room 10235, Washington, DC Type of Response: Recordkeeping and explosion hazards related to the 20503, 202–395–7316 (this is not a toll- Third party disclosure. contractor’s work area and to explain to free number), within 30 days from the Affected Public: Business or other for- the contractor the applicable provisions date of this publication in the Federal profit; Not-for-profit institutions; of the emergency action plan. Register.

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The OMB is particularly interested in • Enhance the quality, utility, and Type of Review: Extension of comments which: clarity of the information to be currently approved collection. • Evaluate whether the proposed collected; and Title: Refuse Piles and Impounding • Minimize the burden of the collection of information is necessary Structures, Recordkeeping and collection of information on those who for the proper performance of the Reporting Requirements. are to respond, including through the functions of the agency, including use of appropriate automated, OMB Number: 1219–0015. whether the information will have electronic, mechanical, or other Form Number: None. practical utility; technological collection techniques or Type of Response: Recordkeeping and • Evaluate the accuracy of the other forms of information technology, reporting. agency’s estimate of the burden of the e.g., permitting electronic submission of proposed collection of information, responses. Affected Public: Business or other for- including the validity of the Agency: Mine Safety and Health profit. methodology and assumptions used; Administration. Number of Respondents: 770.

Average time Cite/reference Number of Frequency Annual per response Annual burden respondents responses (hours) hours

77.215 New Refuse Piles ...... 1 On occasion .... 1 16 16 Abandonment Plans ...... 25 On occasion ... 25 8 200 77.216 New Impoundments ...... 4 On occasion .... 4 1,300 5,200 Revisions ...... 6 On occasion .... 6 40 240 Fire Extinguisher Plans ...... 1 On occasion ... .25 20 5 Annual Certifications (existing) ...... 39 Annual ...... 39 2 78 Inspections w/monitoring Instruments ...... 296 17x/yr...... 5,032 3 15,096 w/o monitoring Instruments ...... 444 17x/yr ...... 7,548 2 15,096

Total ...... 12,655 ...... 35,931

Total Annualized Capital/Startup that are removed during mining Type of Review: Extension of Costs: $0. operations or separated from mined coal currently approved collection. Total Annual Costs (Operating/ and deposited on the surface. The Title: Examinations & Testing of Maintaining Systems or Purchasing failure of these structures can have a Electrical Equipment Including Exam, Services): $7,372,120. devastating affect on a community. To Testing, and Maintenance of High Description: Title 30 CFR part 77, avoid or minimize such disasters, Voltage Longwalls. subpart C, sets forth regulations for standards exist for the construction and surface installations. More specifically, maintenance of these structures, for OMB Number: 1219–0116. 30 CFR 30.215 addresses refuse piles annual certifications, for certification for Form Number: None. and 30 CFR 77.216 addresses hazardous refuse piles, for the frequency Type of Response: Recordkeeping and impoundments. Impoundments are of inspections, and the methods of reporting. structures that are used to impound abandonment for impoundments and water, sediment, or slurry or any impounding structures. Affected Public: Business or other for- combination of materials; and refuse Agency:Mine Safety and Health profit. piles are deposits of coal mine waste Administration. Number of Respondents: 1,600.

Response time Annual burden Cite/reference Frequency Total responses (hours) hours

18.53(h) ...... On Occasion ... 3 1.1 3 75.820(b) and (e) ...... Daily ...... 17,500 0.83 1,453 78.821(d) ...... Weekly ...... 2,500 1.5 3,750 75.512 and 75.703 3(d)(11) ...... Weekly ...... 760,100 0.5 380,050 77.502 ...... Monthly ...... 271,272 1.25 339,090 75.800–3&4 and 77.800–1&2 ...... Monthly ...... 31,188 0.75 23,391 75.900–3&4 ...... Monthly ...... 65,760 1.5 98,640 77.900–1&2 ...... Monthly ...... 18,084 0.75 13,563 75.1001–1(b)&(c) ...... 6 Months ...... 1,836 1.5 2,754 75.351 ...... Monthly ...... 7,128 1.25 8,910

Total ...... 1,175,371 ...... 871,604

Total Annualized Capital/Startup CFR parts 75 and 77, Mandatory industry. It is imperative that mine Costs: $0. standards for coal mines make the operators adopt and follow an effective Total Annual Costs (Operating/ collection of information necessary. maintenance program to ensure that Maintaining Systems or Purchasing It has long been known that electric equipment is maintained in a Services): $0. inadequate maintenance of electric safe operating condition if Description: The Federal Mine Safety equipment is a major cause of serious electrocutions, mine fires, and mine and Health Act of 1977 (Act) and 30 electrical accidents in the coal mining explosions are to be prevented. The

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subject regulations require the mine with the actual condition of electric (this is not a toll-free number), within operator to establish an electrical equipment, MSHA inspectors may, in 30 days from the date of this publication maintenance program by specifying some cases, be able to identify in the Federal Register. minimum requirements for the weaknesses in the coal mine operator’s The OMB is particularly interested in examination, testing, and maintenance electrical maintenance programs and comments which: of electric equipment. require that these weaknesses be • Evaluate whether the proposed The respondents for the paperwork corrected. collection of information is necessary provisions of the subject regulations are for the proper performance of the Darrin A. King, coal mine operators. The records of tests functions of the agency, including and examinations are reviewed by coal Acting Departmental Clearance Officer whether the information will have miners, coal mine officials, and MSHA [FR Doc. 05–3076 Filed 2–16–05; 8:45 am] practical utility; and State inspectors. The records are BILLING CODE 4510–43–P • Evaluate the accuracy of the intended to indicate whether agency’s estimate of the burden of the examinations and tests were conducted proposed collection of information, and give insight into the hazardous DEPARTMENT OF LABOR including the validity of the conditions that have been encountered Office of the Secretary methodology and assumptions used; and those that may be encountered. • Enhance the quality, utility, and These records greatly assist those who Submission for OMB Review: clarity of the information to be use them in making decisions that will Comment Request collected; and ultimately affect the safety and health of • Minimize the burden of the miners. February 9, 2005. collection of information on those who Miners examine the records to The Department of Labor (DOL) has are to respond, including through the determine if electric equipment is safe submitted the following public use of appropriate automated, to operate and to determine if reported information collection request (ICR) to electronic, mechanical, or other safety defects have been corrected. Mine the Office of Management and Budget technological collection techniques or officials examine the records to evaluate (OMB) for review and approval in other forms of information technology, the effectiveness of their electrical accordance with the Paperwork e.g., permitting electronic submission of maintenance programs, to determine Reduction Act of 1995 (Pub. L. 104–13, responses. that the required tests and examinations 44 U.S.C. chapter 35). A copy of this Agency: Bureau of Labor Statistics. have been conducted, and to determine ICR, with applicable supporting Type of Review: Revision of a if reported safety defects have been documentation, may be obtained by currently approved collection. corrected. MSHA and State inspectors contacting Darrin King on 202–693– Title: The Consumer Expenditure review the records to determine if the 4129 (this is not a toll-free number) or Surveys: The Quarterly Interview and required tests and examinations have e-mail: [email protected]. the Diary. been conducted and to identify units of Comments should be sent to Office of OMB Number: 1220–0050. electric equipment that may pose a Information and Regulatory Affairs, Frequency: Quarterly and weekly. potential safety hazard, and to evaluate Attn: OMB Desk Officer for the Bureau Type of Response: Reporting and the effectiveness of the coal mine of Labor Statistics (BLS), Office of recordkeeping. operator’s electrical maintenance Management and Budget, Room 10235, Affected Public: Individuals or programs. By comparing the records Washington, DC 20503, 202–395–7316 households.

Average Collection of Information Total Annual response time Annual burden respondents responses (hours) hours

Quarterly Interview Survey: Interview ...... 10,157 40,628 1.17 47,400 Re-interview ...... 3,283 3,283 0.25 821 Incentives test questions ...... 6,500 6,500 0.01 55 Diary Survey (CE–801): Interview ...... 7,530 22,590 0.42 9,413 Re-interview ...... 954 954 0.25 239 Weekly Diary (Recordkeeping) ...... 7,530 15,060 1.75 26,355

Total ...... *17,687 **82,515 ...... 84,283 *Re-interview and incentive test question respondents are a subset of the original number of respondents for each survey. Also, for the Diary, the ‘‘Record of Your Daily Expenses’’ respondents are the same as the ‘‘Household Questionnaire’’ respondents. Therefore, they are not counted again in the total number of respondents. **The incentive test questions are part of the ‘‘Quarterly Interview Survey’’ for the test group; therefore, they are not counted in the total num- ber of annual responses.

Total Annualized Capital/Startup and other related subjects. These data designed to represent the total civilian Costs: $0. are used to periodically update the non-institutional population. Total Annual Costs (Operating/ national Consumer Price Index. In This information collection request Maintaining Systems or Purchasing addition the data are used by a variety includes the BLS’ plans to conduct a Services): $0. of researchers in academia, government one year incentives experiment for the Description: The Consumer agencies, and the private sector. The Quarterly Interview Survey from Expenditure Surveys are used to gather data are collected from a national November 2005 through October 2006. information on expenditures, income, probability sample of households

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This incentives experiment was not ACTION: Notice. Abstract: Executive Order 12958 as referenced in the 60-day notice. amended, ‘‘Classified National Security SUMMARY: NARA is giving public notice Information’’ authorizes the Information Ira L. Mills, that the agency has submitted to OMB Security Oversight Office to develop Departmental Clearance Officer. for approval the information collection standard forms that promote the [FR Doc. 05–3077 Filed 2–16–05; 8:45 am] described in this notice. The public is implementation of the Government’s BILLING CODE 4510–28–P invited to comment on the proposed security classification program. These information collection pursuant to the forms promote consistency and Paperwork Reduction Act of 1995. uniformity in the protection of classified NATIONAL AERONAUTICS AND DATES: Written comments must be information. SPACE ADMINISTRATION submitted to OMB at the address below The Financial Disclosure Form on or before March 21, 2005 to be [Notice (05–026)] contains information that is used to assured of consideration. make personnel security NASA Summit Industry Panel 2005; ADDRESSES: Send comments to Desk determinations, including whether to Meeting Officer for NARA, Office of Management grant a security clearance; to allow and Budget, New Executive Office access to classified information, AGENCY: National Aeronautics and Building, Washington, DC 20503; fax: sensitive areas, and equipment; or to Space Administration. 202–395–5167. permit assignment to sensitive national ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: security positions. The data may later be SUMMARY: In accordance with the Requests for additional information or used as a part of a review process to Federal Advisory Committee Act, Pub. copies of the proposed information evaluate continued eligibility for access L. 92–463, as amended, the National collection and supporting statement to classified information or as evidence Aeronautics and Space Administration should be directed to Tamee Fechhelm in legal proceedings. announces a meeting of the NASA at telephone number 301–837–1694 or The Financial Disclosure Form helps Summit Industry Panel 2005. fax number 301–837–3213. law enforcement obtain pertinent SUPPLEMENTARY INFORMATION: DATES: Wednesday, March 9, 2005, 1 Pursuant information in the preliminary stages of p.m. to 4 p.m. to the Paperwork Reduction Act of 1995 potential espionage and counter (Pub. L. 104–13), NARA invites the terrorism cases. ADDRESSES: National Aeronautics and general public and other Federal Space Administration, 300 E Street, Dated: February 10, 2005. agencies to comment on proposed SW., Washington, DC 20546, Shelly L. Myers, information collections. NARA Auditorium—West Lobby. Deputy Chief Information Officer. published a notice of proposed FOR FURTHER INFORMATION CONTACT: Mr. collection for this information collection [FR Doc. 05–3012 Filed 2–16–05; 8:45 am] John White, National Aeronautics and on December 9, 2004 (69 FR 71436). No BILLING CODE 7515–01–P Space Administration, Washington, DC comments were received. NARA has 20546, 202/358–5157. Persons with submitted the described information disabilities who require assistance collection to OMB for approval. NUCLEAR REGULATORY should indicate this. In response to this notice, comments COMMISSION SUPPLEMENTARY INFORMATION: The and suggestions should address one or meeting will be open to the public up more of the following points: (a) Agency Information Collection to the seating capacity of the room. The Whether the proposed information Activities: Proposed Collection; agenda for the meeting is as follows: collection is necessary for the proper Comment Request —Vision for Space Exploration performance of the functions of NARA; —Integrated Space Operations AGENCY: U.S. Nuclear Regulatory (b) the accuracy of NARA’s estimate of Commission (NRC). Summit Update the burden of the proposed information ACTION: —Industry Panel Team Activities collection; (c) ways to enhance the Notice of pending NRC action to Attendees will be requested to sign a quality, utility, and clarity of the submit an information collection register. It is imperative that the meeting information to be collected; and (d) request to OMB and solicitation of be held on this date to accommodate the ways to minimize the burden of the public comment. scheduling priorities of the key collection of information on participants. SUMMARY: The NRC is preparing a respondents, including the use of submittal to OMB for review of Dated: February 10, 2005. information technology; and (e) whether continued approval of information P. Diane Rausch, small businesses are affected by this collections under the provisions of the Advisory Committee Management Officer, collection. In this notice, NARA is Paperwork Reduction Act of 1995 (44 National Aeronautics and Space soliciting comments concerning the U.S.C. Chapter 35). Administration. following information collection: Information pertaining to the [FR Doc. 05–3006 Filed 2–16–05; 8:45 am] Title: Financial Disclosure Form. requirement to be submitted: BILLING CODE 7510–13–P OMB number: 3095–0058. 1. The title of the information Agency form number: Standard Form collection: NRC Form 536, ‘‘Operator 714. Type of review: Regular. Licensing Examination Data’’. NATIONAL ARCHIVES AND RECORDS 2. Current OMB approval number: ADMINISTRATION Affected public: Business or other for- profit, Federal government. 3150–0131. Agency Information Collection Estimated number of respondents: 3. How often the collection is Activities: Submission for OMB 25,897. required: Annually. Review; Comment Request Estimated time per response: 2 hours. 4. Who is required or asked to report: Frequency of response: On occasion. All holders of operator licenses or AGENCY: National Archives and Records Estimated total annual burden hours: construction permits for nuclear power Administration (NARA). 51,794 hours. reactors.

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5. The number of annual respondents: OVERSEAS PRIVATE INVESTMENT Type of Respondents: Business or 80. CORPORATION other institutions (except farms); 6. The number of hours needed individuals. annually to complete the requirement or Agency Report Form Under OMB Standard Industrial Classification request: 80. Review Codes: All. 7. Abstract: NRC is requesting Description of Affected Public: U.S. AGENCY: Overseas Private Investment renewal of its clearance to annually companies or citizens investing Corporation. request all commercial power reactor overseas. licensees and applicants for an ACTION: Request for comments. Reporting Hours: 4 hours per project. Number of Responses: 300 per year. operating license to voluntarily send to SUMMARY: Under the provisions of the Federal Cost: $21,600 per year. the NRC: (1) Their projected number of Paperwork Reduction Act (44 U.S.C. Authority for Information Collection: candidates for operator licensing initial Chapter 35), agencies are required to Sections 231 and 234(b) and (c) of the examinations; (2) the estimated dates of publish a Notice in the Federal Register Foreign Assistance Act of 1961, as the examinations; (3) if the examination notifying the public that the Agency has will be facility developed or NRC amended. prepared an information collection Abstract (Needs and Uses): The OPIC developed, and (4) the estimated request for OMB review and approval number of individuals that will 115 form is the principal document and has requested public review and used by OPIC to determine the participate in the Generic Fundamentals comment on the submission. OPIC Examination (GFE) for that calendar investor’s and project’s eligibility for published its first Federal Register dept financing, to assess the year. Except for the GFE, this Notice on this information collection information is used to plan budgets and environmental impace and request on December 13, 2004, in vol. 69 developmental effects of the project, to resources in regard to operator No. 238, FR 72225, at which time a 60- examination scheduling in order to meet measure the economic effects for the calendar day comment period was United States and the host country the needs of the nuclear industry. announced. This comment period ended Submit, by April 18, 2005, comments economy, and to collect information for February 14, 2005. No comments were underwriting analysis. that address the following questions: received in response to this notice. This 1. Is the proposed collection of information collection submission has Dated: February 14, 2005. information necessary for the NRC to now been submitted to OMB for review. Eli Landy, properly perform its functions? Does the Comments are again being solicited on Senior Counsel, Administrative Affairs, information have practical utility? the need for the information, the Department of Legal Affairs. 2. Is the burden estimate accurate? accuracy of the Agency’s burden [FR Doc. 05–3082 Filed 2–16–05; 8:45 am] 3. Is there a way to enhance the estimate; the quality, practical utility BILLING CODE 3210–01–M quality, utility, and clarity of the and clarity of the information to be information to be collected? 4. How can the burden of the collected; and on ways to minimize the information collection be minimized, reporting burden, including automated SECURITIES AND EXCHANGE including the use of automated collection techniques and uses of other COMMISSION forms of technology. The proposed form collection techniques or other forms of [Release No. 35–27946] information technology? under review, OMB control number A copy of the draft supporting 3420–0015, is summarized below. Filings Under the Public Utility Holding statement may be viewed free of charge DATES: Comments must be received Company Act of 1935, as Amended at the NRC Public Document Room, One within 30-calendar days of this Notice. (‘‘Act’’) White Flint North, 11555 Rockville ADDRESSES: Copies of the subject form Pike, Room O–1 F21, Rockville, MD and the request for review submitted to February 11, 2005. 20852. OMB clearance requests are OMB may be obtained from the Agency Notice is hereby given that the available at the NRC worldwide Web Submitting Officer. Comments on the following filing(s) has/have been made site: http://www.nrc.gov/public-involve/ form should be submitted to the OMB with the Commission pursuant to doc-comment/omb/index.html. The Reviewer. provisions of the Act and rules promulgated under the Act. All document will be available on the NRC FOR FURTHER INFORMATION CONTACT: home page site for 60 days after the OPIC Agency Submitting Officer: interested persons are referred to the signature date of this notice. Bruce I. Campbell, Records Management application(s) and/or declaration(s) for Comments and questions about the Officer, Overseas Private Investment complete statements of the proposed information collection requirements Corporation, 1100 New York Avenue, transaction(s) summarized below. The may be directed to the NRC Clearance NW., Washington, DC 20527; 202/336– application(s) and/or declaration(s) and Officer, Brenda Jo. Shelton (T–5 F53), 8563. any amendment(s) is/are available for U.S. Nuclear Regulatory Commission, OMB Reviewer: David Rostker, Office public inspection through the Washington, DC 20555–0001, by of Information and Regulatory Affairs, Commission’s Branch of Public telephone at 301–415–7233, or by Office of Management and Budget, New Reference. Internet electronic mail to Executive Office Building, Docket Interested persons wishing to [email protected]. Library, Room 10102, 725 17th Street, comment or request a hearing on the application(s) and/or declaration(s) Dated at Rockville, Maryland, this 10th day NW., Washington, DC 20503, 202/395– 3897. should submit their views in writing by of February 2005. March 8, 2005, to the Secretary, For the Nuclear Regulatory Commission. Summary of Form Under Review Securities and Exchange Commission, Brenda Jo Shelton, Type of Request: Form Renewal. Washington, DC 20549–0609, and serve NRC Clearance Officer, Office of Information Title: Application for Financing. a copy on the relevant applicant(s) and/ Services. Form Number: OPIC–115. or declarant(s) at the address(es) [FR Doc. 05–3050 Filed 2–16–05; 8:45 am] Frequency of Use: One per investor, specified below. Proof of service (by BILLING CODE 7590–01–P per project. affidavit or, in the case of an attorney at

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law, by certificate) should be filed with Michigan and natural gas distribution gas and water rates, standards of service, the request. Any request for hearing facilities located in Wisconsin. issuance of long-term securities, should identify specifically the issues of Applicants state that Wisconsin Electric construction of certain new facilities, facts or law that are disputed. A person claims exemption under section 3(a)(1) transactions with affiliates, billing who so requests will be notified of any by rule 2 and is also the subject of S.E.C. practices and various other matters. For hearing, if ordered, and will receive a File No. 70–10110, requesting an the year ended December 31, 2003, copy of any notice or order issued in the exemption by order. Wisconsin Gas had operating revenues matter. After March 8, 2005, the Wisconsin Electric generates, of $714.8 million and as of September application(s) and/or declaration(s), as distributes, and sells, both at wholesale 30, 2004, Wisconsin Gas had total assets filed or as amended, may be granted and retail, electric energy in a territory of approximately $1.357 billion. and/or permitted to become effective. of approximately 12,000 square miles, Applicants state that Edison Sault is with a population estimated at a wholly owned, direct electric public Wisconsin Energy Corporation et al. 2,300,000 in southeastern Wisconsin, utility subsidiary of Wisconsin Energy. (70–10276) east central, and northern Wisconsin, Edison Sault is authorized to provide Wisconsin Energy Corporation and in the upper peninsula of Michigan. retail electric service in certain (‘‘Wisconsin Energy’’), 231 West Applicants state that, as of and for the territories in Michigan and is subject to Michigan Street, Milwaukee, WI 53201 year ended December 31, 2003, the regulation of the Michigan Public and W.E. Power, LLC, 301 West Wisconsin Electric had approximately Service Commission as to various Wisconsin Avenue, Milwaukee, WI 1,068,000 electric customers and matters associated with retail electric 53203 (‘‘W.E. Power’’ and together, electric operating revenues of $1.986 service in Michigan. Applicants state ‘‘Applicants’’), have filed an application billion and total operating revenues of that Edison Sault generates, distributes (‘‘Application’’) under sections 9(a), 10 $2.522 billion. Applicants further state and sells electric energy in a territory of and 3(a)(1) of the Act. that, on a consolidated basis, as of approximately 2,000 square miles with September 30, 2004, Wisconsin Electric a population of approximately 55,000 in I. Introduction had total assets of $6.678 billion. the eastern upper peninsula of Michigan Applicants request authorization to Wisconsin Electric also purchases, and also provides wholesale electric acquire two 545 MW gas-fired, distributes and sells natural gas to retail service under contract with one rural combined cycle generating units located customers and transports customer- cooperative. On a consolidated basis, as in Port Washington, Wisconsin (‘‘Port owned gas in three distinct service areas of and for the year ended December 31, Washington Units’’) which are being of approximately 3,800 square miles in 2003, Edison Sault had total assets of constructed by Port Washington Wisconsin. Applicants state that approximately $72.4 million and Generating Station, LLC (‘‘Project Wisconsin Electric’s gas service territory operating revenues of approximately Company’’), an indirect subsidiary has an estimated population of $42.4 million. company of W.E. Power. 1,200,000 and as of December 31, 2003, ATC is a Wisconsin limited liability Wisconsin Electric served company organized in response to II. Description of the Applicants approximately 428,700 gas customers. Wisconsin legislation as a single- A. Wisconsin Energy Applicants state that Wisconsin purpose transmission company to Applicants state that Wisconsin Electric’s gas distribution system assume ownership and operation of the includes approximately 8,800 miles of transmission facilities that had Energy is a Wisconsin Corporation and mains connected at 22 gate stations to previously belonged to Wisconsin an exempt public utility holding the pipeline transmission systems of Electric, Edison Sault and several other company under section 3(a)(1) of the ANR Pipeline Company, Guardian Wisconsin electric utility companies. Act.1 Wisconsin Energy’s utility Pipeline, L.L.C., Natural Gas Pipeline Applicants state that in return for the subsidiaries include Wisconsin Electric Company of America, Northern Natural transfer of the transmission facilities, Power Company (‘‘Wisconsin Electric’’), Gas Company, and Great Lakes Wisconsin Electric and Edison Sault Wisconsin Gas LLC (‘‘Wisconsin Gas’’), Transmission Company. In addition, each acquired membership interests in Edison Sault Electric Company (‘‘Edison Wisconsin Electric has a liquefied ATC and Wisconsin Electric acquired Sault’’), American Transmission natural gas storage plant with a send-out shares in ATC Management, a Company LLC (‘‘ATC’’), ATC capability of 70,000 dekatherms per day. Wisconsin corporation organized to Management Inc. (‘‘ATC Management’’) Applicants state that Wisconsin provide management services to ATC. and W.E. Power. Applicants state that, Electric operates two district steam As of December 31, 2003, Wisconsin on a consolidated basis for the year systems that supply steam for space Energy owned, through Wisconsin ended December 31, 2003, Wisconsin heating and process uses. These systems Electric and Edison Sault, 39.4 percent Energy had total operating revenues of are located in Milwaukee and in of ATC, and through Wisconsin Electric, more than $4 billion. Applicants further Wauwatosa, Wisconsin and are subject 40.1 percent of ATC Management. state that, as of September 30, 2004, to regulation by the Public Service Wisconsin Energy had consolidated Commission of Wisconsin (‘‘PSCW’’). B. W.E. Power, LLC total assets of $9.012 billion. Applicants state that Wisconsin Gas, W.E. Power, a Wisconsin limited Wisconsin Electric, a Wisconsin a Wisconsin limited liability company, liability company, is a wholly owned, corporation, is a wholly owned, direct, is a wholly-owned, direct gas public direct intermediate holding company public utility company subsidiary of utility subsidiary of Wisconsin Energy subsidiary of Wisconsin Energy. Wisconsin Energy. Wisconsin Electric authorized to provide retail gas Applicants state that W.E. Power was owns electric generation and distribution service in designated formed in 2001 to design, construct, distribution facilities located in territories Wisconsin and transports own, finance and lease to Wisconsin Wisconsin and the Upper Peninsula of customer-owned gas. Applicants state Electric 2,320 megawatts of new that Wisconsin Gas also provides water generating capacity in Wisconsin, 1 See Wisconsin Energy Corp., HCAR No. 24267 (Dec. 18, 1986), as most recently confirmed in utility service to customers in the including the generating and Wisconsin Energy Corp., et al., HCAR No. 27329 suburban Milwaukee area and is subject transmission facilities discussed below. (Dec. 28, 2000) (‘‘2000 Order’’). to the regulation of the PSCW as to retail Applicants state that W.E. Power does

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not and will not own any facilities utility company constructing the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 directly. W.E. Power directly owns a generating facilities itself. The Leased notice is hereby given that on January 100 percent interest in Project Generation Law allows a public utility 26, 2005, the Chicago Board Options Company. company to build generation indirectly Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) through an affiliate. The Leased filed with the Securities and Exchange C. Project Company Generation Law is limited to leases Commission (‘‘Commission’’) the Applicants state that Project between a public utility company and proposed rule change as described in Company, a Wisconsin limited liability an affiliated entity; it does not apply to Items I and II below, which Items have company, was formed specifically to leases between a public utility company been prepared by the Exchange. The develop, construct and own a 100 and third parties. proposed rule change has been filed by percent interest in the Port Washington Once the lease provisions become CBOE as a ‘‘non-controversial’’ Units. In addition, Project Company will effective, Wisconsin Electric will make proposed rule change pursuant to develop, construct and own a 100 fixed monthly lease payments to Project Section 19(b)(3)(A) of the Act 3 and Rule percent interest in certain transmission Company for the terms of the Facility 19b–4(f)(6) thereunder.4 On February 9, facilities necessary to interconnect the Leases. In return, Wisconsin Electric 2005, CBOE submitted Amendment No. Port Washington Units with the ATC will have the right to possess and 1 to the proposed rule change.5 The transmission grid. operate the Port Washington Units. The Commission is publishing this notice to III. Proposed Transaction Port Washington Units will be solicit comments on the proposed rule integrated with, and operated as part of, change from interested persons. Applicants request authorization for Wisconsin Electric’s existing regulated Project Company to acquire the Port I. Self-Regulatory Organization’s generation fleet. Wisconsin Electric will Washington Units and the associated Statement of the Terms of Substance of be responsible for all operations, transmission facilities necessary to the Proposed Rule Change maintenance, and fuel costs for the Port interconnect the units with the ATC CBOE proposes to amend its obvious transmission grid (‘‘Transaction’’). Upon Washington Units. Applicants state that neither Project error rule, CBOE Rule 6.25 completion of construction and the (Nullification and Adjustment of Equity satisfaction of certain conditions Company nor its immediate parent, W.E. Power, will operate or control the Options Transactions) to adopt an precedent, including the successful erroneous quote provision. The testing of the units, Project Company Port Washington Units or associated transmission facilities. At the end of the Exchange also proposes to make two will lease the Port Washington Units to minor grammatical changes to CBOE Wisconsin Electric under the terms of terms of the Facility Leases, Wisconsin Electric may, at its option, renew each Rule 24.16 (Nullification and 25-year facility leases, one for each unit Adjustment of Index Option (‘‘Facility Leases’’), and certain other Facility Lease for a renewal term determined under the terms of the Transactions). Additions are italicized. related contractual arrangements Deletions are bracketed. (‘‘Lease Transaction’’). Applicants state Facility Lease, buy each Port that once the Port Washington Units are Washington Unit outright from Project * * * * * Company or return the units to Project operational, control of the appurtenant Rule 6.25 Nullification and Company in good condition. transmission facilities will be Adjustment of Equity Options Wisconsin Energy requests an order transferred to ATC. Transactions Applicants propose to implement the affirming that, following the * * * * * Lease Transaction using a ‘‘leased Transaction, it will continue to be (a) Trades Subject to Review generation’’ structure specifically exempt under section 3(a)(1) of the Act authorized under Wisconsin’s ‘‘Leased and W.E. Power will become and * * * * * Generation Law.’’ 2 Applicants state that exempt intermediate holding company (1)–(4) No Change. (5) Erroneous Quote in Underlying: this law establishes a new regulatory under section 3(a)(1) of the Act. Electronic trades (this provision has no framework under which nonutility For the Commission by the Division of applicability to trades executed in open affiliates may develop, construct and Investment Management, pursuant to outcry) resulting from an erroneous own large-scale dedicated generating delegated authority. quote in the underlying security may be facilities within the state of Wisconsin Margaret H. McFarland, adjusted or nullified as set forth in and lease those facilities to their Deputy Secretary. paragraph (a)(1) above. An erroneous regulated, franchised public utility [FR Doc. 05–3057 Filed 2–16–05; 8:45 am] quote occurs when the underlying affiliates. The legislative intent behind BILLING CODE 8010–01–P security has a width of at least $1.00 the Leased Generation Law is to and has a width at least five times ‘‘provide an incentive for utility holding greater than the average quote width for companies to continue to provide SECURITIES AND EXCHANGE such underlying security on the primary generation services for the affiliate COMMISSION market (as defined in Rule 1.1(v)) during utility’s native load customers.’’ 3 To [Release No. 34–51189; File No. SR–CBOE– the time period encompassing two that end, Applicants state that the 2005–12] minutes before and after the statute specifically permits a public dissemination of such quote. For utility company to acquire generating Self-Regulatory Organizations; Notice purposes of this Rule, the average quote resources by leasing them from an of Filing and Immediate Effectiveness width shall be determined by adding the affiliate as an alternative to the public of Proposed Rule Change and quote widths of each separate quote Amendment No. 1 Thereto by the 2 See 2001 Wis. Legis. Serv. 16, § 3008mc (West) Chicago Board Options Exchange, Inc. 1 (codified as Wis. Stat. § 196.52(9)(a)(3)(2002)). 15 U.S.C. 78s(b)(1). To Amend its Obvious Error Rule 2 3 See Approval of Affiliated Interest Transactions 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). Between W.E. Power; Wisconsin Elec. Power Co.; February 10, 2005. and Wisconsin Energy Corp., PSCW Docket Nos. 4 17 CFR 240.19b–4(f)(6). 05–AE–109, 05–CE–117, 137–CE–104, and 6650– Pursuant to Section 19(b)(1) of the 5 Amendment No. 1 made technical corrections to CG–211 (December 19, 2002) (‘‘PSCW Order’’) Securities Exchange Act of 1934 the proposed rule text.

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during the four minute time period (d)–(e) No Change In this regard, electronic trades referenced above (excluding the quote in Interpretations and Policies * * * resulting from an erroneous quote in the question) and dividing by the number of .01–.02 No Change underlying security may be adjusted or quotes during such time period * * * * * nullified.9 An erroneous quote occurs (excluding the quote in question). when the underlying security has a (b)–(e) No Change. II. Self-Regulatory Organization’s width of at least $1.00 and has a width Interpretations and Policies * * * Statement of the Purpose of, and at least five times greater than the No change. Statutory Basis for, the Proposed Rule average quote width for such underlying * * * * * Change security on the primary market, as Rule 24.16 Nullification and In its filing with the Commission, the defined in CBOE Rule 1.1(v), during the Adjustment of Index Option Exchange included statements time period encompassing two minutes Transactions concerning the purpose of and basis for before and after the dissemination of the proposed rule change and discussed such quote. For purposes of this * * * * * any comments it received on the proposed rule provision, the average (a) Trades Subject to Review proposed rule change. The text of these quote width shall be determined by * * * * * statements may be examined at the adding the quote widths of each (1)—(7) No Change. places specified in Item IV below. The separate quote during the four-minute (b) Procedures for Reviewing Exchange has prepared summaries, set time period referenced above (excluding Transactions forth in Sections A, B, and C below, of the quote in question) and dividing by (1) Notification: Any member or the most significant parts of such the number of quotes during such time person associated with a member that statements. period (excluding the quote in believes it participated in a transaction question). CBOE notes that this that may be adjusted or nullified in A. Self-Regulatory Organization’s provision operates in the same manner accordance with paragraph (a) must Statement of the Purpose of, and as provisions contained in CBOE Rules notify any Trading Official promptly but Statutory Basis for, the Proposed Rule 24.16 and 43.5(b)(4). not later than fifteen (15) minutes after Change The Exchange also proposes to make the execution in question. For 1. Purpose two grammatical changes to CBOE Rule transactions occurring after 2:45 p.m. 24.16. The first would clarify the (CT[CST]), notification must be The Exchange’s obvious error rule, reference to Central Time as (CT), rather 6 provided promptly but not later than CBOE Rule 6.25, establishes guidelines than (CST) in paragraph (b)(1) of CBOE fifteen (15) minutes after the close of for the adjustment and nullification of Rule 24.16. The second grammatical 7 trading of that security on CBOE. Absent transactions in equity options. Under change would add the word ‘‘rule’’ to unusual circumstances, Trading the Rule, four types of transactions may paragraph (c) of CBOE Rule 24.16. Officials shall not grant relief under this qualify as obvious errors and hence be Rule unless notification is made within adjusted or nullified: (1) Obvious price 2. Statutory Basis the prescribed time periods. In the errors; (2) transactions in series quoted CBOE represents that the filing absence of unusual circumstances, no bid at a nickel; (3) transactions provides an objective guideline for the Trading Officials (either on their own resulting from verifiable disruptions of nullification or adjustment of motion or upon request of a member) Exchange systems; and (4) transactions transactions executed at clearly must initiate action pursuant to resulting from an erroneous print in the erroneous prices. For this reason, the paragraph (a)(3) above within sixty (60) underlying market. The purpose of this Exchange believes the proposed rule minutes of the occurrence of the proposed rule change is to re-insert in change is consistent with the Act and verifiable disruption or malfunction. CBOE Rule 6.25 a fifth type of the rules and regulations under the Act When Trading Officials take action qualifying transactions resulting from applicable to a national securities pursuant to paragraph (a)(3), the erroneous quotes in the underlying exchange and, in particular, the members involved in the transaction(s) security. This provision previously requirements of Section 6(b) of the shall receive verbal notification as soon existed in CBOE Rule 6.25.8 In SR– Act.10 Specifically, the Exchange as is practicable. CBOE–2004–83, the Exchange proposed believes the proposed rule change is (2) No Change to delete the ‘‘erroneous quote in the consistent with the requirements of (c) Adjustments underlying’’ provision from CBOE Rule Section 6(b)(5) of the Act 11 that the Unless otherwise specified in Rule 6.25. However, since the rules of an exchange be designed to 24.16(a)(1)–(6), transactions will be implementation of the changes set forth promote just and equitable principles of adjusted provided the adjusted price in SR–CBOE–2004–83, the Exchange trade, to prevent fraudulent and does not violate the customer’s limit has experienced several instances manipulative acts and practices and, in price. Otherwise, the transaction will be involving erroneous quotes in the general, to protect investors and the nullified. With respect to Rule underlying security, and therefore, public interest. 24.16(a)(1)–(5), the price to which a believes that it is necessary to amend transaction shall be adjusted shall be the CBOE Rule 6.25 to again provide for this B. Self-Regulatory Organization’s National Best Bid (Offer) immediately objective obvious error provision for Statement on Burden on Competition following the erroneous transaction erroneous quotes in the underlying CBOE does not believe that the with respect to a sell (buy) order entered security. proposed rule change will impose any on the Exchange. For ROS or HOSS transactions, the price to which a 6 See Securities Exchange Act Release No. 50880 9 Transactions qualifying for price adjustment transaction shall be adjusted shall be (December 17, 2004), 69 FR 77790 (December 28, (i.e., transactions between two CBOE Market- based on the first non-erroneous quote 2004) (File No. SR–CBOE–2004–83). Makers) will be adjusted in accordance with CBOE after the erroneous transaction on 7 CBOE Rule 24.16 governs obvious errors for Rule 6.25(a)(1). Transactions not qualifying for transactions in index options and options on ETFs. price adjustment (i.e., transactions involving a non- CBOE. With respect to Rule 24.16(a)(6), 8 See Securities Exchange Act Release No. 48827 CBOE Market-Maker) will be nullified. the transaction shall be adjusted to a (November 24, 2003), 68 FR 67498 (December 2, 10 15 U.S.C. 78(f)(b). price that is $0.10 under parity. 2003) (approving File No. SR–CBOE–2001–04). 11 15 U.S.C. 78(f)(b)(5).

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burden on competition not necessary or or otherwise in furtherance of the For the Commission, by the Division of appropriate in furtherance of the purposes of the Act. Market Regulation, pursuant to delegated purposes of the Exchange Act. authority.15 IV. Solicitation of Comments Margaret H. McFarland, C. Self-Regulatory Organization’s Deputy Secretary. Statement on Comments on the Interested persons are invited to [FR Doc. E5–656 Filed 2–16–05; 8:45 am] Proposed Rule Change Received From submit written data, views, and Members, Participants, or Others arguments concerning the foregoing, BILLING CODE 8010–01–P No written comments were solicited including whether the proposed rule or received. change is consistent with the Act. SECURITIES AND EXCHANGE Comments may be submitted by any of COMMISSION III. Date of Effectiveness of the the following methods: Proposed Rule Change and Timing for [Release No. 34–51174; File No. SR–NSCC– Commission Action Electronic Comments 2003–22] The foregoing proposed rule change • Use the Commission’s Internet Self-Regulatory Organizations; (1) does not significantly affect the comment form (http://www.sec.gov/ National Securities Clearing protection of investors or the public rules/sro.shtml); or Corporation; Order Granting Approval interest; (2) does not impose any of a Proposed Rule Change To Amend • Send an e-mail to rule- significant burden on competition; and the Standards of Financial [email protected]. Please include File (3) by its terms, does not become Responsibility Required of Mutual operative until 30 days from the date on Number SR–CBOE–2005–12 on the Fund and Insurance Services which it was filed, or such shorter time subject line. Applicants and Members that Are as the Commission may designate if Paper Comments Banks, Trust Companies, or Broker- consistent with the protection of Dealers investors and the public interest. • Send paper comments in triplicate Furthermore, the Exchange provided the to Jonathan G. Katz, Secretary, February 9, 2005. Commission with written notice of its Securities and Exchange Commission, I. Introduction intent to file the proposed rule change, 450 Fifth Street, NW., Washington, DC along with a brief description and text On November 10, 2003, the National 20549–0609. of the proposed rule change, at least five Securities Clearing Corporation business days prior to the date of filing All submissions should refer to File (‘‘NSCC’’) filed with the Securities and of the proposed rule change. Number SR–CBOE–2005–12. This file Exchange Commission (‘‘Commission’’) Consequently, the proposed rule change number should be included on the and on November 29, 2004, amended has become effective pursuant to subject line if e-mail is used. To help the proposed rule change File No. SR– Section 19(b)(3)(A) of the Act 12 and Commission process and review your NSCC–2003–22 pursuant to Section Rule 19b–4(f)(6) thereunder.13 comments more efficiently, please use 19(b)(1) of the Securities Exchange Act The Exchange has requested that the only one method. The Commission will of 1934 (‘‘Act’’).1 Notice of the proposed Commission waive the 30-day operative post all comments on the Commission’s rule change was published in the delay. The Commission believes that Internet Web site (http://www.sec.gov/ Federal Register on December 13, 2 waiving the 30-day operative delay is rules/sro.shtml). Copies of the 2004. No comment letters were consistent with the protection of submission, all subsequent received. For the reasons discussed below, the Commission is now granting investors and the public interest. The amendments, all written statements Commission notes that the proposal to approval of the proposed rule change. with respect to the proposed rule amend CBOE Rule 6.25 by adding a II. Description provision relating to erroneous quotes in change that are filed with the the underlying market is substantially Commission, and all written The proposed rule change amends similar to provisions contained in CBOE communications relating to the Addendum B, ‘‘Standards of Financial Rules 24.16(a)(5) and 43.5 and to a proposed rule change between the Responsibility and Operational provision that was previously contained Commission and any person, other than Capability,’’ and Addendum I, in CBOE Rule 6.25. Thus, the those that may be withheld from the ‘‘Standards of Financial Responsibility Commission does not believe that the public in accordance with the and Operational Capability For Fund proposed rule change raises any new provisions of 5 U.S.C. 552, will be Members,’’ of NSCC’s Rules and issues. For these reasons, the available for inspection and copying in Procedures to enhance the standards of Commission designates the proposal to the Commission’s Public Reference financial responsibility required of be effective and operative upon filing Section, 450 Fifth Street, NW., applicants and members that are banks, with the Commission.14 Washington, DC 20549. Copies of such trust companies, and broker-dealers At any time within 60 days of the filing also will be available for using or applying to use NSCC’s non- filing of this proposed rule change, the inspection and copying at the principal guaranteed services as Mutual Fund/ Commission may summarily abrogate office of CBOE. All comments received Insurance Services Members under Rule 3 such rule change if it appears to the will be posted without change; the 2 and Fund Members under Rule 51. Commission that such action is Commission does not edit personal Addendum B establishes financial necessary or appropriate in the public identifying information from criteria applicable to Mutual Fund/ Insurance Services Members and interest, for the protection of investors, submissions. You should submit only information that you wish to make 12 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 200.30–3(a)(12). 13 17 CFR 240.19b–4(f)(6). available publicly. All submissions 1 15 U.S.C. 78s(b)(1). 14 For purposes only of waiving the 30-day should refer to File Number SR–CBOE– 2 Securities Exchange Act Release No. 50797 operative delay, the Commission has considered the 2005–12 and should be submitted on or (December 6, 2004), 69 FR 72238. proposed rule’s impact on efficiency, competition, before March 10, 2005. 3 Mutual Fund Services and Insurance Processing and capital formation. 15 U.S.C. 78c(f). Services are non-guaranteed services.

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applicants admitted or seeking requirement. The purpose of delaying capital over the capital required by admission under Rule 2. Addendum I effectiveness of the proposed rule applicable State or Federal regulations establishes the financial criteria change is to allow these thirteen will be replaced by a requirement that applicable to Fund Members and members time in which to obtain and all trust companies have $2,000,000 in applicants admitted or seeking apply additional excess net capital or to capital. Because State regulations vary admission under Rule 51. make alternate arrangements, such as in their respective capital requirements The proposed rule change (i) raises clearing through another NSCC member, and because some States do not a have the minimum excess net capital without disruption to their businesses. a capital requirement, the revised requirement applicable to such broker- NSCC currently requires a larger criteria will provide a uniform and dealer applicants and members from clearing fund deposit from broker-dealer consistent standard to all trust $25,000 to $50,000 and (ii) changes the members which have a minimum excess companies regardless of whether they standards of financial responsibility net capital of less than $50,000. When are members of the Federal Reserve required of banks and trust companies the proposed minimum excess net System or subject to nonuniform State by referring to different types of criteria capital requirement is increased to regulatory requirements. The proposed than are currently used for this purpose. $50,000, the minimum clearing fund $2,000,000 capital requirement is the The effective date for the proposed rule requirements currently imposed will no same capital standard required for change as applied to current members is longer be applicable because $50,000 in membership in The Depository Trust one year from the date of Commission excess net capital will be required of Company. approval. The one year period, arrived these broker-dealers in all instances. Some trust companies which are not required to calculate a Tier 1 risk-based at after consultations with the affected 2. Amendment to Standards of capital ratio pursuant to FDIC or Federal members, is necessary to allow members Financial Responsibility Applied to Reserve Act requirements calculate this that do not meet the increased or Banks and Trust Companies Using ratio for other purposes. NSCC will changed capital requirements sufficient Mutual Fund Services and Insurance therefore accept as an alternative to the time to evaluate their options and Processing Service implement any necessary changes minimum $2,000,000 capital without undue disruption to their Addendum B currently requires that requirement the 6% Tier 1 risk-based customers. The proposed rule change banks and trust companies that are capital ratio from those trust companies also amends Addendum I to require an applying to be or are Mutual Fund/ which provide this calculation for established business history of six Insurance Services Members under Rule regulatory purposes.6 months instead of three years which is 2 have $100,000 minimum excess net NSCC currently has sixty-six bank/ consistent with the required established capital over the capital requirement trust company members to which the business history for applicants for other imposed by the applicable State or revised capital requirements will apply. types of membership in NSCC. Federal regulatory authority. Addendum Only one trust company has been I is silent on the criteria applicable to identified as not meeting the new 1. Increase of Minimum Excess Net banks and trust companies for purposes standard. Capital Required of Broker-Dealers of being Fund Members under Rule 51. Using Mutual Fund and Insurance Under the proposed rule change, the III. Discussion Services standards of financial responsibility Section 17A(b)(3)(F) of the Act NSCC’s current minimum excess net applicable to banks and trust company requires among other things that the capital requirement applicable to applicants applying to use and members rules of a clearing agency be designed to broker-dealer applicants and members using Mutual Fund Services and assure the safeguarding of securities and using non-guaranteed services was Insurance Processing Services will be funds in its custody or control or for 7 implemented in 1993.4 In 1998, NSCC applicable both to Mutual Fund/ which it is responsible. The increased its minimum excess net Insurance Services Members under Rule Commission finds that NSCC’s proposed capital requirements under Rule 2 for 2 and to Fund Members under Rule 51. rule change is consistent with this broker-dealer applicants and members Under the proposed standard, a bank requirement because by enhancing the using NSCC guaranteed services from or trust company will be required to standards of financial responsibility $50,000 to $500,000 subject to certain have a Tier 1 risk-based capital ratio of applicable to NSCC members using limited exceptions.5 At that time, no at least 6% or greater. A trust company NSCC’s Mutual Fund Services and change was made to the financial which is not required to calculate a risk- Insurance Processing Service, it should requirements applicable to the use of based capital ratio by its regulators will help NSCC protect itself and its non-guaranteed services. NSCC now be required to have at least $2,000,000 members from undue financial risk. As a result, the proposal should help NSCC believes it is appropriate to do so in capital. assure the safeguarding of securities and because of increased transaction As applied to banks, the revised funds which are in its custody or volumes and settlement obligations. criteria will apply the standard adopted NSCC currently has 290 broker-dealer by the Federal Deposit Insurance control. members to which the increased excess Corporation (‘‘FDIC’’) to compute risk- IV. Conclusion net capital requirement will apply. based capital ratios. The proposed standard of a minimum Tier 1 risk- On the basis of the foregoing, the Thirteen of the 290 broker-dealer Commission finds that the proposed members have been identified as not based capital ratio of 6% is currently categorized as ‘‘well-capitalized’’ under meeting the increased capital 6 the guidelines issued by the Board of The proposed rule change makes a technical amendment to Addendum B regarding the capital 4 Securities Exchange Act Release No. 33525 Governors of the Federal Reserve standards applicable to bank applicants for full (January 26, 1994), 59 FR 9805. System. All current NSCC Mutual Fund/ membership under NSCC Rule 2. In particular, the 5 Securities Exchange Act Release No. 40081 Insurance Services Members and Fund proposed rule change amends Section I.B.2.(a)(i) by (June 10, 1998), 63 FR 32905. A municipal Members that are banks exceed this replacing the listed components of bank capital securities broker under Rule 15c3–1(a)(8) of the Act with a reference to bank capital as it is defined in is required to maintain $100,000 in excess net requirement. the Consolidated Report of Condition (‘‘CALL capital, and a clearing broker is required to With respect to trust companies, the Report’’). maintain $1,000,000 in excess net capital. current standard of $100,000 in excess 7 15 U.S.C. 78q–1(b)(3)(F).

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rule change is consistent with the Amendment Nos. 1 3 and 2 4 to the plan will strengthen the Exchange’s requirements of the Act and in proposed rule change, respectively. ability to carry out its oversight and particular Section 17A of the Act and The proposed rule change, as enforcement responsibilities as a self- the rules and regulations thereunder. amended, was published for notice and regulatory organization in cases where It Is Therefore Ordered, pursuant to comment in the Federal Register on full disciplinary proceedings are Section 19(b)(2) of the Act,8 that the January 7, 2005.5 The Commission unsuitable in view of the minor nature proposed rule change (File No. SR– received no comment letters on the of the particular violation. NSCC–2003–22) be and hereby is proposal. This order approves the In approving this proposed rule approved. proposed rule change, as amended. change, the Commission in no way For the Commission by the Division of The Commission finds that the minimizes the importance of Market Regulation, pursuant to delegated proposed rule change is consistent with compliance with NYSE rules and all authority.9 the requirements of the Act and the other rules subject to the imposition of Margaret H. McFarland, rules and regulations thereunder fines under the Exchange’s minor rule Deputy Secretary. applicable to a national securities violation plan. The Commission [FR Doc. E5–655 Filed 2–16–05; 8:45 am] exchange.6 In particular, the believes that the violation of any self- BILLING CODE 8010–01–P Commission believes that the proposal regulatory organization’s rules, as well is consistent with Section 6(b)(5) of the as Commission rules, is a serious matter. Act,7 because rules that are reasonably However, the Exchange’s minor rule SECURITIES AND EXCHANGE designed to strengthen the Exchange’s violation plan provides a reasonable COMMISSION security procedures will protect means of addressing rule violations that investors and the public interest. The do not rise to the level of requiring [Release No. 34–51188; File No. SR–NYSE– 2004–63] Commission also believes that the formal disciplinary proceedings, while Exchange’s addition to its minor rule providing greater flexibility in handling Self-Regulatory Organizations; New violation plan is consistent with certain violations. The Commission York Stock Exchange, Inc.; Order Sections 6(b)(1) and 6(b)(6) of the Act,8 expects that the Exchange will continue Approving Proposed Rule Change and which require that the rules of an to conduct surveillance with due Amendment Nos. 1 and 2 Thereto To exchange enforce compliance and diligence and make a determination Amend Exchange Rules Relating to the provide appropriate discipline for based on its findings, on case-by-case Return of Membership Certificates, violations of Commission and Exchange basis, whether fines of more or less than Notice and Return of Exchange-Issued rules. In addition, because NYSE Rule the recommended amount are Identification Cards, and Minor 476A provides procedural rights to a appropriate for violations under the Violations of Rules person fined under that rule to contest minor rule violation plan or a violation the fine and permit a hearing on the requires formal disciplinary action. February 10, 2005. matter, the Commission believes the It Is Therefore Ordered, pursuant to On November 1, 2004, the New York proposal provides a fair procedure for Section 19(b)(2) of the Act 11 and Rule Stock Exchange, Inc. (‘‘NYSE’’ or the disciplining of members and 19d–1(c)(2) under the Act,12 that the ‘‘Exchange’’) filed with the Securities persons associated with members, proposed rule change (SR–NYSE–2004– and Exchange Commission consistent with Sections 6(b)(7) and 63), as amended, be, and hereby is, (‘‘Commission’’), pursuant to Section 6(d)(1) of the Act.9 approved and declared effective. 19(b)(1) of the Securities Exchange Act 1 Finally, the Commission finds that the For the Commission, by the Division of of 1934 (‘‘Act’’) and Rule 19b–4 proposal is consistent with the public thereunder,2 a proposed rule change to: Market Regulation, pursuant to delegated interest, the protection of investors, or authority.13 (1) Delete the requirement in NYSE Rule otherwise in furtherance of the purposes 343(d) to return certificates of Margaret H. McFarland, of the Act, as required by Rule 19d– Deputy Secretary. membership upon termination of 10 1(c)(2) under the Act which governs [FR Doc. E5–653 Filed 2–16–05; 8:45 am] customer offices or status as a member minor rule violation plans. The BILLING CODE 8010–01–P organization; (2) add NYSE Rule 35.80 Commission believes that the change to to require members and member the Exchange’s minor rule violation organizations to notify the Exchange’s SECURITIES AND EXCHANGE security office and surrender Exchange- 3 See Form 19b–4 dated December 15, 2004 COMMISSION issued identification cards within 24 (‘‘Amendment No. 1’’). In Amendment No. 1, the hours of all employee terminations, re- Exchange included current rule text that was [Release No. 34–51184; File No. SR–PCX– assignments to non-Floor duties, or omitted from the original rule filing and made technical changes to the rule text. Amendment No. 2004–129] cancellations of such identification 1 replaced the original filing in its entirety. cards; (3) rescind NYSE Rule 412(g), 4 See Partial Amendment dated December 23, Self-Regulatory Organizations; Notice which currently allows the Exchange to 2004 (‘‘Amendment No. 2’’). In Amendment No. 2, of Filing and Order Granting impose fees of up to $100 per securities the Exchange: (i) submitted the proposed rule text Accelerated Approval of Proposed account per day for violations of NYSE changes in an Exhibit 4, which was inadvertently Rule Change and Amendment No. 1 omitted from Amendment No. 1; and (ii) made Rule 412; and (4) enable violations of minor technical corrections to the existing and Thereto by the Pacific Exchange, Inc. proposed NYSE Rule 35.80 to be proposed rule text. Relating to Minimum Price administered through the Exchange’s 5 See Securities Exchange Act Release No. 50942 Improvement Standards minor rule violation plan (NYSE Rule (December 29, 2004), 70 FR 1487. 476A). On December 15, 2004 and 6 In approving this proposed rule change, the February 10, 2005. Commission notes that it has considered the Pursuant to Section 19(b)(1) of the December 23, 2004, the Exchange filed proposed rule’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). Securities Exchange Act of 1934 8 15 U.S.C. 78s(b)(2). 7 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b)(1) and 78f(b)(6). 11 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 9 15 U.S.C. 78f(b)(7) and 78f(d)(1). 12 17 CFR 240.19d–1(c)(2). 2 17 CFR 240.19b–4. 10 17 CFR 240.19d–1(c)(2). 13 17 CFR 200.30–3(a)(12) and 200.30–3(a)(44).

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(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 request for exemptive relief for rounding information will include reported notice is hereby given that on December sub-penny quotes and trades to volume of orders received and executed 29, 2004, the Pacific Exchange, Inc. securities that are priced greater than in sub-penny increments (in terms of (‘‘PCX’’ or ‘‘Exchange’’) filed with the $1.00. PCX has requested this extension both trades and shares), the execution Securities and Exchange Commission until June 30, 2005. Recently, PCX was price points, and the nature of the sub- (‘‘Commission’’) the proposed rule granted exemptive relief for rounding penny orders received and executed change as described in Items I and II sub-penny prices for securities priced (i.e., agency, principal, or otherwise). 4 below, which Items have been prepared less than $1.00. In accordance with that The Exchange believes that allowing by the Exchange. On January 24, 2005, exemption, Commentary .05 to PCXE sub-penny executions on ArcaEx in 3 PCX amended the proposal. The Rule 7.6(a) was modified to reflect a certain securities would afford ETP Commission is publishing this notice sub-penny minimum price variation for Holders with trading opportunities that and order to solicit comments on the securities priced less than $1.00 on a are consistent with those available at proposed rule change, as amended, from pilot basis through September 30, 2005. competing exchanges such as the interested persons and to approve the The Exchange proposes adding to this National Stock Exchange and the proposal on an accelerated basis. commentary to allow for order entry and Chicago Stock Exchange. execution in increments smaller than I. Self-Regulatory Organization’s $0.01 for Nasdaq National Market 2. Statutory Basis Statement of the Terms of Substance of (‘‘NNM’’), SmallCap, and exchange- the Proposed Rule Change listed securities. In addition, the The Exchange believes that the PCX, through its wholly owned proposed rule change is consistent with Exchange acknowledges the 7 subsidiary, PCX Equities, Inc. (‘‘PCXE’’), Commission’s concern that allowing Section 6(b) of the Act, in general, and proposes to modify Commentary .05 to trading in sub-penny increments could furthers the objectives of Section 8 PCXE Rule 7.6(a) to provide for order permit ArcaEx ETP Holders to trade 6(b)(5), in particular, because it is entry and trading of securities in sub- ahead of customers by improving upon designed to promote just and equitable penny increments. The Exchange also the quoted price in sub-penny principles of trade, to foster cooperation proposes to modify Commentary .01 to increments.5 Accordingly, the Exchange and coordination with persons engaged PCXE Rule 6.16 to clarify that, for all is also proposing to revise PCXE Rule in facilitating transactions in securities, securities traded pursuant to 6.16 by providing that the minimum to remove impediments to and perfect Commentary .05 to PCXE Rule 7.6(a), amount of price improvement necessary the mechanisms of a free and open the minimum amount of price to execute an incoming marketable market, and to protect investors and the improvement necessary to execute an order on a proprietary basis by an ETP public interest. incoming marketable order on a Holder when holding an unexecuted B. Self-Regulatory Organization’s proprietary basis is $0.01. The text of customer limit order otherwise due an Statement on Burden on Competition the proposed rule change is available on execution pursuant to PCXE Rule 6.16 the Exchange’s Web site (http:// in that same security is $0.01. The Exchange does not believe that www.pacificex.com), at the Exchange’s In conjunction with this proposal, the the proposed rule change would impose principal office, and at the Exchange has requested exemptive relief any burden on competition that is not Commission’s Public Reference Room. that would permit, through June 30, necessary or appropriate in furtherance 2005, ArcaEx’s ETP Holders to provide of the purposes of the Act. II. Self-Regulatory Organization’s for order entry and trading of securities Statement of the Purpose of, and C. Self-Regulatory Organization’s traded on ArcaEx (NNM securities, Statutory Basis for, the Proposed Rule Statement on Comments on the SmallCap securities, and exchange- Change Proposed Rule Change Received From listed securities) that are executed and Members, Participants, or Others In its filing with the Commission, reported in sub-penny increments, PCX included statements concerning the while vendors that disseminate ArcaEx Written comments on the proposed purpose of and basis for the proposed quotation information do so in penny rule change were neither solicited nor rule change and discussed any increments.6 received. comments it received on the proposed Further, to advance the Commission’s rule change. The text of these statements review, and as a condition to the III. Solicitation of Comments may be examined at the places specified exemptive relief sought, the Exchange Interested persons are invited to in Item III below. The Exchange has has agreed to provide the Commission submit written data, views, and prepared summaries, set forth in with monthly reports on its activity in arguments concerning the foregoing, sections A, B, and C below, of the most sub-penny increments. Such including whether the proposed rule significant aspects of such statements. change, as amended, is consistent with 4 See letter from David S. Shillman, Associate A. Self-Regulatory Organization’s Director, Division of Market Regulation the Act. Comments may be submitted by Statement of the Purpose of, and (‘‘Division’’), Commission, to Mai S. Shiver, any of the following methods: Statutory Basis for, the Proposed Rule Director of Regulatory Policy, PCX, dated Electronic Comments Change September 24, 2004. 5 See PCXE Rule 1.1(n). • Use the Commission’s Internet 1. Purpose 6 See letter from Mai Shiver, Director of Regulatory Policy, PCX, to Annette Nazareth, comment form (http://www.sec.gov/ As part of its continuing efforts to Director, Division, Commission, dated December rules/sro.shtml); or enhance participation on its 28, 2004. In this letter, the Exchange requested • Send an e-mail to rule- Archipelago Exchange (‘‘ArcaEx’’) exemptive relief from Rules 11 Ac1–1, 11 Ac1–2, facility, PCX is proposing to extend its and 11 Ac1–4 to allow ArcaEx, its ETP Holders, and [email protected]. Please include File vendors that disseminate ArcaEx quotation Number SR–PCX–2004–129 on the information to round sub-penny quotes to the subject line. 1 15 U.S.C. 78s(b)(1). nearest penny increment (up, for orders to sell; 2 17 CFR 240.19b–4. down, for orders to buy) for display purposes, while 3 In the amendment (‘‘Amendment No. 1’’), PCX such quotes may be entered and executed in 7 15 U.S.C. 78f(b). made technical changes to the proposed rule text. increments less than $0.01. 8 15 U.S.C. 78f(b)(5).

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Paper Comments 1, 11 Ac1–2, and 11 Ac1–4 under the SOCIAL SECURITY ADMINISTRATION 11 • Send paper comments in triplicate Act that permits ArcaEx, ETP Holders Agency Information Collection to Jonathan G. Katz, Secretary, of ArcaEx, and vendors that disseminate Activities: Proposed Request and Securities and Exchange Commission, ArcaEx quote information to enter, Comment Request 450 Fifth Street, NW., Washington, DC execute, and report quotations in exchange-listed, NNM, and SmallCap 20549–0609. The Social Security Administration securities in increments less than $0.01, All submissions should refer to File (SSA) publishes a list of information although such quotations will be Number SR–PCX–2004–129. This file collection packages that will require disseminated in rounded, penny number should be included on the clearance by the Office of Management subject line if e-mail is used. To help the increments without a rounding 12 and Budget (OMB) in compliance with Commission process and review your identifier. The changes to Commentary .05 to PCXE Rule 7.6(a) Pub. L. 104–13, the Paperwork comments more efficiently, please use Reduction Act of 1995, effective October only one method. The Commission will incorporate the terms of that Commission exemption into PCXE’s 1, 1995. The information collection post all comments on the Commission’s packages that may be included in this Internet Web site (http://www.sec.gov/ rules. The changes to Commentary .01 to PCXE Rule 6.16 provide that an ETP notice are for new information rules/sro.shtml). Copies of the collections, revisions to OMB-approved submission, all subsequent Holder must price-improve an incoming marketable order by at least $0.01 when information collections, and extensions amendments, all written statements (no change) of OMB-approved with respect to the proposed rule holding an unexecuted customer limit order otherwise due an execution information collections. change that are filed with the SSA is soliciting comments on the Commission, and all written pursuant to PCXE Rule 6.16(a). This is an important investor protection accuracy of the agency’s burden communications relating to the estimate; the need for the information; proposed rule change between the because an ETP Holder will be prohibited from stepping ahead of a its practical utility; ways to enhance its Commission and any person, other than customer limit order by a sub-penny quality, utility, and clarity; and on ways those that may be withheld from the amount even though sub-penny orders to minimize burden on respondents, public in accordance with the generally may be entered on ArcaEx. including the use of automated provisions of 5 U.S.C. 552, will be The Commission notes that it previously collection techniques or other forms of available for inspection and copying in has approved an identical price information technology. Written the Commission’s Public Reference improvement standard on other comments and recommendations Section, 450 Fifth Street, NW., exchanges.13 regarding the information collection(s) Washington, DC 20549. Copies of such The Commission finds good cause for should be submitted to the OMB Desk filing also will be available for approving this proposal before the Officer and the SSA Reports Clearance inspection and copying at the principal thirtieth day after the publication of Officer. The information can be mailed office of PCX. All comments received notice thereof in the Federal Register. and/or faxed to the individuals at the will be posted without change; the Accelerated approval will provide addresses and fax numbers listed below: Commission does not edit personal protection for customer limit orders (OMB), Office of Management and identifying information from simultaneous with the effectiveness of Budget, Attn: Desk Officer for SSA, New submissions. You should submit only the Commission exemption that permits Executive Building, Room 10235, 725 information that you wish to make sub-penny quoting, for a limited period, 17th St., NW., Washington, DC 20503, available publicly. All submissions on ArcaEx. Fax: 202–395–6974; should refer to File Number SR–PCX– (SSA), Social Security 2004–129 and should be submitted on V. Conclusion Administration, DCFAM, Attn: Reports or before March 10, 2005. It Is Therefore Ordered, pursuant to Clearance Officer, 1338 Annex Building, 14 IV. Commission’s Findings and Order Section 19(b)(2) of the Act, that the 6401 Security Blvd., Baltimore, MD Granting Accelerated Approval of proposed rule change, as amended (SR– 21235, Fax: 410–965–6400. I. The information collections listed Proposed Rule Change PCX–2004–129), is hereby approved on an accelerated basis. below are pending at SSA and will be The Commission finds that the For the Commission, by the Division of submitted to OMB within 60 days from proposed rule change, as amended, is Market Regulation, pursuant to delegated the date of this notice. Therefore, your consistent with the requirements of the authority.15 comments should be submitted to SSA Act and the rules and regulations Margaret H. McFarland, within 60 days from the date of this thereunder applicable to a national Deputy Secretary. publication. You can obtain copies of securities exchange.9 In particular, the [FR Doc. E5–654 Filed 2–16–05; 8:45 am] the collection instruments by calling the Commission believes that the proposal SSA Reports Clearance Officer at (410) BILLING CODE 8010–01–P is consistent with Section 6(b)(5) of the 965–0454 or by writing to the address Act,10 which requires that the rules of 11 17 CFR 240.11 Ac1–1, 240.11 Ac1–2, and listed above. an exchange be designed to promote just 240.11 Ac1–4. 1. Railroad Employment and equitable principles of trade and, in 12 See letter from David S. Shillman, Associate Questionnaire—20 CFR 404.1401, general, to protect investors and the Director, Division, Commission, to Mai S. Shiver, 404.1406–.1408—0960–0078. SSA uses public interest. Director of Regulatory Policy, PCX, dated February form SSA–671 to secure sufficient 10, 2005. Simultaneous with this order, the information to effect the required Commission is approving an exemption 13 See Securities Exchange Act Release No. 44164 (April 6, 2001), 66 FR 19263 (April 13, 2001) coordination with the Railroad until June 30, 2005, from Rules 11 Ac1– (approving penny price improvement increment on Retirement Board for Social Security Chicago Stock Exchange); Securities Exchange Act claims processing. It is completed 9 In approving the proposed rule, the Commission Release No. 46274 (July 29, 2002), 67 FR 50743 whenever claimants give indications of has considered the proposed rule’s impact on (August 5, 2002) (same for Cincinnati—now efficiency, competition, and capital formation. See National—Stock Exchange). having been employed in the railroad 15 U.S.C. 78c(f). 14 15 U.S.C. 78s(b)(2). industry. The respondents are 10 15 U.S.C. 78f(b)(5). 15 17 CFR.200.30–3(a)(12). applicants for Social Security benefits,

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who have had railroad employment, or education program, SSA must obtain other evidence is not available to prove dependents of railroad workers. information about his or her functioning age or citizenship for an individual Type of Request: Extension of an from teachers, instructors, and other applying for Social Security benefits. OMB-approved information collection. education personnel who have the SSA uses this form for individuals who Number of Respondents: 125,000. opportunity to observe the individual must establish age as a factor of Frequency of Response: 1. on a day-to-day basis. Educational entitlement or U.S. citizenship as a Average Burden per Response: 5 programs are an important source of payment factor. Respondents are minutes. evidence and often provide formal applicants for one or more Social Estimated Annual Burden: 10,417 assessment results and other kinds of Security benefits who need to establish hours. information from a variety of their dates of birth as a factor of 2. Government Pension disciplines. Evidence obtained from entitlement or U.S. citizenship as a Questionnaire—20 CFR 404.408a— educational programs varies a great factor of payment. 0960–0160. The Social Security Act and deal, however, in format, content, Type of Request: Extension of an regulations provide that an individual reliability, and usefulness. The need OMB-approved information collection. receiving spouse’s benefits and exists, therefore, for an information Number of Respondents: 1,200. concurrently receiving a Government collection instrument that will assure a Frequency of Response: 1. pension, based on the individual’s own degree of uniformity and consistency in earnings, may have the Social Security Average Burden per Response: 10 the quantity and quality of information minutes. benefit amount reduced by two-thirds of received about a claimant’s (or the pension amount. The data collected Estimated Annual Burden: 200 hours. beneficiary’s/recipient’s) impairment- 5. The Ticket to Work and Self- on form SSA–3885 is used by SSA to related limitations. determine if the individual’s Social Sufficiency Program—20 CFR 411.160– Security benefit will be reduced, the SSA–5665–BK .730—0960–0644. The Ticket to Work and Self-Sufficiency program allows amount of the reduction, and if one of Type of Request: Revision of OMB- individuals with disabilities who are the exceptions in 20 CFR 404.408a approved information collection. applies. The respondents are Number of Respondents: 557,000. receiving SSA payments to work individuals who are receiving, or will Frequency of Response: 1. towards decreased dependence on receive, Social Security spouse’s Average Burden per Response: 20 government cash benefits programs benefits and also receive their own minutes. without jeopardizing their benefits Government pension. Estimated Annual Burden: 185,667 during the transition period to Type of Request: Extension of an hours. employment. The program allows OMB-approved information collection. disability payment recipients to choose Number of Respondents: 76,000. SSA–5666 a provider from an employment network Frequency of Response: 1. Type of Request: Revision of OMB- (EN), who will guide these beneficiaries Average Burden per Response: 12.5 approved information collection. in obtaining, regaining, and maintaining minutes. Number of Respondents: 555,000. self-supporting employment. 20 CFR Estimated Annual Burden: 15,833 Frequency of Response: 1. 411.160–.730 discusses the regulations hours. Average Burden per Response: 15 governing this program. The 3. Teacher Questionnaire (SSA–5665– minutes. respondents are individuals entitled to BK); Request for Administrative Estimated Annual Burden: 138,750 Social Security benefits based on Information (SSA–5666–BK)—20 CFR hours. disability or individuals entitled to SSI; 416.924a and 20 CFR 404.1520—0960– 4. Statement Regarding Date of Birth Program Managers; EN contractors; and 0646. If an individual who is claiming and Citizenship—20 CFR 404.716— VRAs. disability under title XVI or title II is 0960–0016. Form SSA–702 collects Type of Request: Extension of an currently, or has recently been, in an information needed when preferred or OMB-approved information collection.

Average burden per re- Estimated an- CFR sections Number of Frequency of response sponse nual burden respondents (minutes) (hours)

411.140(c) [X-refer sections 411.145, 411.150, 70,000 ...... 2/year ...... 60 ...... 140,000. 411.325(a), (b), (c), & (d), 411.320(f)]. 411.325(e) [X-refer section 411.395(b)] ...... 70,000 ...... 12/year ...... 60 ...... 840,000. 411.325(f) [X-refer section 411.395(a)] ...... 60,000 ...... 1/year ...... 5 ...... 5,000. 411.190 (a) [X-refer section 411.195] ...... 250 ...... 1/year ...... 30 ...... 125. 411.220(a)(1) ...... 55 ...... Varies ...... 30 ...... 28. 441.245(b)(1) ...... 12,000 ...... 1 ...... 1 ...... 200. 411.325(d) ...... 25 ...... 1 ...... 480 ...... 200. 411.365 ...... 82 ...... 1 ...... 240 ...... 328. 411.575 [X-refer section 411.500] ...... 6,000 ...... 1 ...... 30 ...... 3,000. 411.605(b) [X-refer section 411.610] ...... 27,000 ...... Varies ...... 5 ...... 2,250. 411.435(c) ...... 100 ...... Once ...... 60 ...... 100. 411.615 ...... 1,000 ...... Once ...... 60 ...... 1,000. 411.625 ...... 50 ...... Once ...... 60 ...... 50. 411.210(b) ...... 2,000 ...... Once ...... 30 ...... 1,000. 411.590(b) ...... 100 ...... Once ...... 60 ...... 100. 411.655 ...... 1 ...... Once/year ...... 120 ...... 2. 411.200 ...... 150 ...... 12/year ...... 15 ...... 450.

Total annual respondents ...... 248,813 ...... Total Annual Burden 993,833. Hours.

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Total Estimated Annual Burden: As required by Section 2(b) of the II. The information collections listed 993,833 hours. Government Performance and Results below have been submitted to OMB for 6. Help America Vote Act—0960– Act (GPRA), which provides that clearance. Your comments on the NEW. Agencies establish the means for information collections would be most measuring their progress in achieving useful if received by OMB and SSA Background agency-level goals, SSA established the within 30 days from the date of this On October 29, 2002, President PUMS in 1998 as a tool for measuring publication. You can obtain a copy of George W. Bush signed into law H.R. its performance in meeting its strategic the OMB clearance packages by calling 3295, the Help America Vote Act objectives in the area of public the SSA Reports Clearance Officer at (HAVA) of 2002, which mandates the knowledge about and understanding of (410) 965–0454, or by writing to the verification of newly registered voters. the Social Security program. The address listed above. HAVA places certain requirements upon instrument used in PUMS is a national 1. Advance Notice of Termination of SSA in terms of verifying information to phone survey of adult Americans (age Child’s Benefits and Student’s be used for each State’s voter 18 and over) conducted annually for Statement Regarding School registration process. SSA by a professional polling Attendance—20 CFR 404.350–404.352, SSA’s role in HAVA is defined in organization. 404.367–404.368—0960–0105. The Section 303 of the law. Section 303 The PUMS survey instrument is information collected on Form SSA– requires each State to implement a designed to collect knowledge data from 1372 is needed to determine whether computerized statewide voter key populations toward which SSA has children of an insured worker are registration list and to verify voter targeted education and outreach eligible for student benefits. The data information with the State motor programs. Additionally, the survey is allows SSA to determine student vehicle administration (MVA) records, intended to assure a valid knowledge entitlement and whether entitlement or if none exist, with SSA records. measure for key populations at the will end. The respondents are student claimants for Social Security benefits, HAVA Information Collection national level. This information is a crucial step in making SSA more their respective schools and, in some Individuals registering to vote must focused and effective in its cases, their payees. provide their driver’s license number to communication programs. The Type of Request: Revision of an OMB- the State election agency. If they have respondents are randomly selected approved information collection. no driver’s license or State-issued adults residing in the United States. Number of Respondents: 200,000. identity card they must supply the last Type of Request: Extension of an Frequency of Response: 1. four digits of the Social Security number OMB-approved information collection. Average Burden per Response: 10 (SSN). The State election agency will Number of Respondents: 1,400. minutes. Estimated Annual Burden: 33,333 forward the new registrant name, date of Frequency of Response: 1. hours. birth (DOB), and the last four digits of Average Burden per Response: 15 2. Statement Regarding Marriage—20 the SSN to the State MVA. minutes. CFR 404.726—0960–0017. Form SSA– SSA requires State MVAs to use the Estimated Annual Burden: 350 hours. American Association of Motor Vehicle 753 elicits information from third 8. Statement of Income and parties to verify the applicant’s Administrations (AAMVA) as a Resources—20 CFR 416.207, 416.301– consolidation point for data transfer as statement about intent, cohabitation, .310, 416.704 and 416.708—0960–0124. and holding out to the public as is currently done for SSN verification of The information collected on form SSA– a driver’s license applicant. The data, as married, which are basic tenets of a 8010–BK is used in Supplemental common-law marriage. The responses input by the MVA, routes the Security Income (SSI) claims and applicant’s information to the AAMVA are used by SSA to determine if a valid redeterminations to obtain information marital relationship exists and to make network hub. AAMVA forwards the about the income and resources of: transaction to SSA’s HAVA verification an accurate determination regarding Ineligible spouses, parents/spouses of entitlement to spouse/widow(er) system. The result will be returned from parents, and children living in the SSA to the AAMVA hub for distribution benefits. The respondents are claimant’s/beneficiary’s household; individuals who are familiar with and to the State MVA. The respondents to essential persons; and sponsors of aliens the HAVA collection are the various can provide confirmation of an (including spouses of sponsors who live applicant’s common-law marriage. State MVAs responsible under the act with the sponsor). The information is for verifying voter registration Type of Request: Extension of an needed to make initial or continuing OMB-approved information collection. information. eligibility determinations for SSI Type of Request: New Information Number of Respondents: 40,000. claimants/beneficiaries who are subject Frequency of Response: 1. Collection. to deeming. If eligible, the information Average Burden per Response: 9 Number of Respondents: 50 State is used to determine the amount of the minutes. MVAs. SSI payment. The respondents are Estimated Annual Burden: 6,000 Total Annual Responses: *1,000,000. persons whose income and resources hours. Average Burden per Response: 2 must be considered in determining the 3. Request for Address Information minutes. eligibility of SSI claimants or From Motor Vehicles Records; Request Estimated Annual Burden: 33,333 beneficiaries. for Address Information From hours. Type of Request: Revision of an OMB- Employment Commissions Records—4 *The actual number of responses per state approved information collection. CFR 104.2—0960–0341. SSA sends the will vary based on population. Therefore, the Number of Respondents: 341,000. SSA–L711 to State Motor Vehicle total number of responses is based on data of Frequency of Response: 1. Administrations to obtain the last new voter applications received by all 50 Average Burden per Response: 26 known address from driver’s license and States in 1999–2000. minutes. registration records. SSA sends the 7. Public Understanding Measurement Estimated Annual Burden: 147,767 SSA–L712 to State Employment System (PUMS)—0960–0612. hours. Commissions to obtain the last known

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address from State unemployment/ and SSN information, provided by Funding Opportunity Number: ECA/ employment wage records. SSA uses the employers, matches SSA records. SSA A/E/EUR–05–05. information to locate debtors to arrange will respond to the employer informing Catalog of Federal Domestic for payment of debts owed to SSA. The them only of matches and mismatches Assistance Number: 00.000. respondents are State Motor Vehicle of submitted information. Respondents Key Dates: Application Deadline: Administrations and State Employment are employers who provide wage and April 15, 2005. Commissions. tax data to SSA and elect to use the Executive Summary: The Office of Type of Request: Extension of an service. Academic Exchange Programs/European OMB-approved information collection. Type of Request: Revision of an OMB- Programs Branch of the Bureau of Number of Respondents: 2,400. approved information collection. Educational and Cultural Affairs (ECA/ Frequency of Response: 1. Number of Respondents: 200,000. A/E) announces an open competition for Average Burden per Response: 2 Frequency of Response: 120. the Junior Faculty Development minutes. Average Burden per Response: 5 Program (JFDP). Public and private non- Estimated Annual Burden: 80 hours. minutes. profit organizations meeting the 4. General Request for Social Security Estimated Annual Burden: 2,000,000 provisions described in Internal Records, eFOIA—20 CFR 402.130— hours. Revenue Code section 26 U.S.C. 501 (c) 0960–NEW. SSA uses the information 6. Application for SSI—20 CFR (3) may submit proposals to place collected on this electronic request for 416.305–335—0960–0229. SSA uses the visiting faculty from Albania, Armenia, Social Security records to respond to the information collected on form SSA– Azerbaijan, Bosnia and Herzegovina, public’s request for information under 8000–BK or its electronic equivalent, Croatia, Georgia, Kazakhstan, Kosovo, the rights provided by the Freedom of the Modernized SSI Claims System Kyrgyzstan, Macedonia, Serbia and Information Act (FOIA), and to track (MSSICS), to determine eligibility for Montenegro, Tajikistan, Turkmenistan, those requests by amount received, type SSI and the amount of benefits payable and Uzbekistan at U.S. universities for of request, fees charged and responses to the applicant. During the personal a one academic semester (five months) sent within the required 20 days. interview process the MSSICS system program. The grantee organization for Respondents are individuals or agencies takes less time to complete because the this program will support and oversee requesting documents under FOIA. system propagates like information and the activities of the faculty throughout Type of Request: New information only asks relevant questions of the their stay in the United States. In collection. applicant. Approximately 97% of SSI addition, the grantee organization will Number of Respondents: 300,000. applications are taken via MSSICS. The recruit and select candidates for the Frequency of Response: 1. respondents are applicants for SSI JFDP in Albania, Armenia, Azerbaijan, Average Burden per Response: 3 payments. Bosnia and Herzegovina, Croatia, minutes. Type of Request: Revision of an OMB- Georgia, Kazakhstan, Kosovo, Estimated Annual Burden: 15,000 approved information collection. Kyrgyzstan, Macedonia, Serbia and hours. Montenegro, Tajikistan, Turkmenistan, Form SSA–8000 5. Social Security Number and Uzbekistan to begin the program in Verification Service (SSNVS)—0960– Number of Respondents: 33,851. the United States in January 2006. 0660. Frequency of Response: 1. Average Burden per Response: 41 I. Funding Opportunity Description Background minutes. Authority: Overall grant making Under Internal Revenue Service Estimated Annual Burden: 23,132 authority for this program is contained regulations, employers are obligated to hours. in the Mutual Educational and Cultural provide wage and tax data to SSA using MSSICS Exchange Act of 1961, Public Law 87– form W–2, Wage and Tax Statement or 256, as amended, also known as the its electronic equivalent. As part of this Number of Respondents: 1,094,523. Fulbright-Hays Act. The purpose of the process, the employer must furnish the Frequency of Response: 1. Act is ‘‘to enable the Government of the employee’s name and their SSN. This Average Burden per Response: 36 United States to increase mutual information must match SSA’s records minutes. understanding between the people of Estimated Annual Burden: 656,714 in order for the employee’s wage and tax the United States and the people of hours. data to be properly posted to their Total Burden Hours: 679,846. other countries * * *; to strengthen the Earnings Record. Information that is ties which unite us with other nations incorrectly provided to the Agency must Dated: February 10, 2005. by demonstrating the educational and be corrected by the employer using an Elizabeth A. Davidson, cultural interests, developments, and amended reporting form, which is a Reports Clearance Officer, Social Security achievements of the people of the labor-intensive and time-consuming Administration. United States and other nations * * * process for both SSA and the employer. [FR Doc. 05–3029 Filed 2–16–05; 8:45 am] and thus to assist in the development of Therefore, to help ensure that employers BILLING CODE 4191–02–P friendly, sympathetic and peaceful provide accurate name and SSN relations between the United States and information, SSA piloted SSNVS with the other countries of the world.’’ The 100 employers and now plans to DEPARTMENT OF STATE funding authority for the program above implement the service nationally. is provided through legislation. SSNVS Collection. SSNVS is an [Public Notice 4994] Purpose: The Junior Faculty optional free and secure Internet service Bureau of Educational and Cultural Development Program (JFDP) will offer for employers that allows them to Affairs (ECA) Request for Grant full fellowships to university instructors perform advance verification of their Proposals: Junior Faculty from participating countries. Selected employees’ name and SSN information Development Program through an open, merit-based against SSA records. SSA will use the competition, JFDP Fellows will attend information collected through the Announcement Type: New U.S. universities for one academic SSNVS to verify that employee name Cooperative Agreement. semester to work with faculty mentors

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and to audit courses in order to broaden II. Award Information provide maximum levels of cost sharing their knowledge in their fields of study and funding in support of its programs. Type of Award: Cooperative and to acquire understanding of the U.S. Agreement. The Bureau’s level of IV. Application and Submission educational system. The JFDP will involvement in this program is listed Information encourage its Fellows to develop under number I above. professional relationships with the U.S. Fiscal Year Funds: 2005. Note: Please read the complete Federal academic community, and to forge ties Approximate Total Funding: Register announcement before sending between their U.S. colleagues and inquiries or submitting proposals. Once the colleagues in their home countries, and $1,500,000. RFGP deadline has passed, Bureau staff may to share their experiences and Approximate Number of Awards: 1. not discuss this competition with applicants knowledge with students and professors Anticipated Award Date: Pending until the proposal review process has been at their home institutions. Throughout availability of funds, June 1, 2005. completed. their stay in the United States, JFDP Anticipated Project Completion Date: IV.1 Contact Information to Request Fellows will audit courses, attend December 31, 2006. an Application Package conferences and seminars, and teach a III. Eligibility Information course or give lectures whenever Please contact the Office of Academic possible. The major goal of the program III.1. Eligible Applicants Exchange Programs, ECA/A/E/EUR, is to allow scholars from the Applications may be submitted by Room 246, Department of State, SA–44, participating countries to exchange public and private non-profit 301 4th Street, SW., Washington, DC ideas with U.S. scholars in their organizations meeting the provisions 20547, Phone: 202–619–4060; Fax: 202– respective fields of teaching, and to described in Internal Revenue Code 260–7985, [email protected] to increase collaboration and cooperation section 26 U.S.C. 501(c)(3). request a Solicitation Package. Please between universities in the United refer to the Funding Opportunity States and the participating countries. III.2. Cost Sharing or Matching Funds Number ECA/A/E/EUR–05–05 located Participation in the JFDP under this There is no minimum or maximum at the top of this announcement when grant is restricted to university percentage required for this making your request. instructors from Albania, Armenia, competition. However, the Bureau The Solicitation Package contains the Azerbaijan, Bosnia and Herzegovina, encourages applicants to provide Proposal Submission Instruction (PSI) Croatia, Georgia, Kazakhstan, Kosovo, maximum levels of cost sharing and document which consists of required Kyrgyzstan, Macedonia, Serbia and funding in support of its programs. application forms, and standard guidelines for proposal preparation. It Montenegro, Tajikistan, Turkmenistan, When cost sharing is offered, it is also contains the Project Objectives, and Uzbekistan in humanities and understood and agreed that the Goals and Implementation (POGI) social sciences. Programs must comply applicant must provide the amount of document, which provides specific with J–1 Visa regulations. Subject to the cost sharing as stipulated in its proposal information, award criteria and budget availability of funds, it is anticipated and later included in an approved grant instructions tailored to this competition. that this grant will begin on or about agreement. Cost sharing may be in the June 1, 2005. Please refer to the Please specify Bureau Program Officer form of allowable direct or indirect Olivia Borecka and refer to the Funding Solicitation Package for further costs. For accountability, you must information. Opportunity Number ECA/A/E/EUR– maintain written records to support all 05–05 located at the top of this In a cooperative agreement, ECA/A/E costs which are claimed as your is substantially involved in program announcement on all other inquiries contribution, as well as costs to be paid and correspondence. activities above and beyond routine by the Federal government. Such grant monitoring. ECA/A/E activities records are subject to audit. The basis IV.2. To Download a Solicitation and responsibilities for this program are for determining the value of cash and Package Via Internet as follows: in-kind contributions must be in The entire Solicitation Package may (1) Participating in the design and accordance with OMB Circular A–110, be downloaded from the Bureau’s Web direction of program activities; (Revised), Subpart C.23—Cost Sharing site at http://exchanges.state.gov/ (2) Approval of key personnel; and Matching. In the event you do not education/rfgps/menu.htm. Please read (3) Approval and input for all provide the minimum amount of cost all information before downloading. program agendas and timelines; sharing as stipulated in the approved IV.3. Content and Form of Submission (4) Guidance in execution of all budget, ECA’s contribution will be project components; reduced in like proportion. Applicants must follow all instructions in the Solicitation Package. (5) Arrangement for State Department III.3. Other Eligibility Requirements speakers during workshops; The original and eight (8) copies of the Bureau grant guidelines require that application should be sent per the (6) Assistance with SEVIS-related organizations with less than four years instructions under IV.3e. ‘‘Submission issues; experience in conducting international Dates and Times section’’ below. (7) Assistance with participant exchanges be limited to $60,000 in IV.3a. You are required to have a Dun emergencies; Bureau funding. ECA anticipates and Bradstreet Data Universal (8) Providing background information awarding one grant, in an amount up to Numbering System (DUNS) number to related to participants’ home countries $1,500,000, to support program and apply for a grant or cooperative and cultures; administrative costs required to agreement from the U.S. Government. (9) Liaison with Public Affairs implement this exchange program. This number is a nine-digit Sections of the U.S. Embassies and Therefore, organizations with less than identification number, which uniquely country desk officers at the State four years experience in conducting identifies business entities. Obtaining a Department; international exchanges are ineligible to DUNS number is easy and there is no (10) Participating in selection of apply under this competition. The charge. To obtain a DUNS number, evaluation mechanisms. Bureau encourages applicants to access http://

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www.dunandbradstreet.com or call 1– IV.3d.2. Diversity, Freedom and attainable, results-oriented, and placed 866–705–5711. Please ensure that your Democracy Guidelines. Pursuant to the in a reasonable time frame), the easier DUNS number is included in the Bureau’s authorizing legislation, it will be to conduct the evaluation. You appropriate box of the SF–424 which is programs must maintain a non-political should also show how your project part of the formal application package. character and should be balanced and objectives link to the goals of the IV.3b. All proposals must contain an representative of the diversity of program described in this RFGP. executive summary, proposal narrative American political, social, and cultural Your monitoring and evaluation plan and budget. life. ‘‘Diversity’’ should be interpreted should clearly distinguish between Please Refer to the Solicitation in the broadest sense and encompass program outputs and outcomes. Outputs Package. It contains the mandatory differences including, but not limited to are products and services delivered, Proposal Submission Instructions (PSI) ethnicity, race, gender, religion, often stated as an amount. Output document and the Project Objectives, geographic location, socio-economic information is important to show the Goals and Implementation (POGI) status, and disabilities. Applicants are scope or size of project activities, but it document for additional formatting and strongly encouraged to adhere to the cannot substitute for information about technical requirements. advancement of this principle both in progress towards outcomes or the IV.3c. You must have nonprofit status program administration and in program results achieved. Examples of outputs with the IRS at the time of application. content. Please refer to the review include the number of people trained or If your organization is a private criteria under the ‘‘Support for the number of seminars conducted. nonprofit which has not received a grant Diversity’’ section for specific Outcomes, in contrast, represent or cooperative agreement from ECA in suggestions on incorporating diversity specific results a project is intended to the past three years, or if your into your proposal. Public Law 104–319 achieve and is usually measured as an organization received nonprofit status provides that ‘‘in carrying out programs extent of change. Findings on outputs from the IRS within the past four years, of educational and cultural exchange in and outcomes should both be reported, you must submit the necessary countries whose people do not fully but the focus should be on outcomes. We encourage you to assess the documentation to verify nonprofit status enjoy freedom and democracy,’’ the following four levels of outcomes, as as directed in the PSI document. Failure Bureau ‘‘shall take appropriate steps to they relate to the program goals set out to do so will cause your proposal to be provide opportunities for participation in the RFGP (listed here in increasing declared technically ineligible. in such programs to human rights and order of importance): IV.3d. Please take into consideration democracy leaders of such countries.’’ Public Law 106—113 requires that the 1. Participant satisfaction with the the following information when program and exchange experience. preparing your proposal narrative: governments of the countries described above do not have inappropriate 2. Participant learning, such as IV.3d.1 Adherence to All influence in the selection process. increased knowledge, aptitude, skills, Regulations Governing the J Visa. The Proposals should reflect advancement of and changed understanding and Bureau of Educational and Cultural these goals in their program contents, to attitude. Learning includes both Affairs is placing renewed emphasis on the full extent deemed feasible. substantive (subject-specific) learning the secure and proper administration of IV.3d.3. Program Monitoring and and mutual understanding. Exchange Visitor (J visa) Programs and Evaluation. Proposals must include a 3. Participant behavior, concrete adherence by grantees and sponsors to plan to monitor and evaluate the actions to apply knowledge in work or all regulations governing the J visa. project’s success, both as the activities community; greater participation and Therefore, proposals should unfold and at the end of the program. responsibility in civic organizations; demonstrate the applicant’s capacity to The Bureau recommends that your interpretation and explanation of meet all requirements governing the proposal include a draft survey experiences and new knowledge gained; administration of the Exchange Visitor questionnaire or other technique plus a continued contacts between Programs as set forth in 22 CFR 62, description of a methodology to use to participants, community members, and including the oversight of Responsible link outcomes to original project others. Officers and Alternate Responsible objectives. The Bureau expects that the 4. Institutional changes, such as Officers, screening and selection of grantee will track participants or increased collaboration and program participants, provision of pre- partners and be able to respond to key partnerships, policy reforms, new arrival information and orientation to evaluation questions, including programming, and organizational participants, monitoring of participants, satisfaction with the program, learning improvements. proper maintenance and security of as a result of the program, changes in Please note: Consideration should be given forms, record-keeping, reporting and behavior as a result of the program, and to the appropriate timing of data collection other requirements. effects of the program on institutions for each level of outcome. For example, The Grantee will be responsible for (institutions in which participants work satisfaction is usually captured as a short- issuing DS–2019 forms to participants or partner institutions). The evaluation term outcome, whereas behavior and in this program. plan should include indicators that institutional changes are normally considered longer-term outcomes. A copy of the complete regulations measure gains in mutual understanding governing the administration of as well as substantive knowledge. Overall, the quality of your Exchange Visitor (J) programs is Successful monitoring and evaluation monitoring and evaluation plan will be available at http://exchanges.state.gov depend heavily on setting clear goals judged on how well it (1) specifies or from: United States Department of and outcomes at the outset of a program. intended outcomes; (2) gives clear State, Office of Exchange Coordination Your evaluation plan should include a descriptions of how each outcome will and Designation, ECA/EC/ECD—SA–44, description of your project’s objectives, be measured; (3) identifies when Room 734, 301 4th Street, SW., your anticipated project outcomes, and particular outcomes will be measured; Washington, DC 20547, Telephone: how and when you intend to measure and (4) provides a clear description of (202) 401–9810, FAX: (202) 401–9809. these outcomes (performance the data collection strategies for each Please refer to Solicitation Package for indicators). The more that outcomes are outcome (i.e., surveys, interviews, or further information. ‘‘smart’’ (specific, measurable, focus groups). (Please note that

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evaluation plans that deal only with the delivery vehicles. Proposals shipped on advisory review. Proposals may also be first level of outcomes [satisfaction] will or before the above deadline but reviewed by the Office of the Legal be deemed less competitive under the received at ECA more than seven days Adviser or by other Department present evaluation criteria.) after the deadline will be ineligible for elements. Final funding decisions are at Grantees will be required to provide further consideration under this the discretion of the Department of reports analyzing their evaluation competition. Proposals shipped after the State’s Assistant Secretary for findings to the Bureau in their regular established deadlines are ineligible for Educational and Cultural Affairs. Final program reports. All data collected, consideration under this competition. It technical authority for cooperative including survey responses and contact is each applicant’s responsibility to agreements resides with the Bureau’s information, must be maintained for a ensure that each package is marked with Grants Officer. minimum of three years and provided to a legible tracking number and to Review Criteria the Bureau upon request. monitor/confirm delivery to ECA via the IV.3d.4. Describe your plans for: i.e. Internet. ECA will not notify you upon Technically eligible applications will sustainability, overall program receipt of application. Delivery of be competitively reviewed according to management, staffing, coordination with proposal packages may not be made via the criteria stated below. These criteria ECA and PAS or any other requirements local courier service or in person for this are not rank ordered and all carry equal etc. competition. Faxed documents will not weight in the proposal evaluation: IV.3e. Please take the following be accepted at any time. Only proposals 1. Quality of the program idea: information into consideration when submitted as stated above will be Proposals should exhibit originality, preparing your budget: considered. Applications may not be substance, precision, and relevance to IV.3e.1. Applicants must submit a submitted electronically at this time. the Bureau’s mission. comprehensive budget for the entire Applicants must follow all 2. Program planning: Detailed agenda program. The Bureau anticipates instructions in the Solicitation Package. and relevant work plan should awarding one grant in the amount of demonstrate substantive undertakings Important note: When preparing your and logistical capacity. Agenda and plan $1,500,000 to support 70 fully funded submission please make sure to include one fellows, 3–6 per participating country. extra copy of the completed SF–424 form and should adhere to the program overview Applicant organizations are encouraged, place it in an envelope addressed to ‘‘ECA/ and guidelines described above. through cost sharing and other methods, EX/PM’’. 3. Ability to achieve program objectives: Objectives should be to provide as many fellowships as The original and eight (8) copies of reasonable, feasible, and flexible. possible based on estimated funding. the application should be sent to: U.S. Proposals should clearly demonstrate There must be a summary budget as Department of State, SA–44, Bureau of how the institution will meet the well as breakdowns reflecting both Educational and Cultural Affairs, Ref.: program’s objectives and plan. administrative and program budgets. ECA/A/E/EUR–05–05, Program Applicants may provide separate sub- 4. Multiplier effect/impact: Proposed Management, ECA/EX/PM, Room 534, programs should strengthen long-term budgets for each program component, 301 4th Street, SW., Washington, DC phase, location, or activity. mutual understanding, including 20547. maximum sharing of information and IV.3e.2. Allowable costs for the Along with the Project Title, all establishment of long-term institutional program include the following: applicants must enter the above (1) Overseas recruitment and selection and individual linkages. Reference Number in Box 11 on the SF– of candidates; 5. Support of Diversity: Proposals 424 contained in the mandatory (2) Participant travel expenses, should demonstrate substantive support Proposal Submission Instructions (PSI) stipends, accident and sickness of the Bureau’s policy on diversity. of the solicitation document. insurance, visa fees, professional Achievable and relevant features should IV.3g. Intergovernmental Review of development costs; be cited in both program administration Applications: Executive Order 12372 (3) Orientations, participant (selection of participants, program does not apply to this program. venue and program evaluation) and conferences; IV.3h. Applicants must also submit (4) Host university fees; program content (orientation and wrap- the ‘‘Executive Summary’’ and (5) Alumni and follow-on activities; up sessions, program meetings, resource ‘‘Proposal Narrative’’ sections of the Please refer to the Solicitation Package materials and follow-up activities). proposal in text (.txt) format on a PC- for complete budget guidelines and 6. Institutional Capacity: Proposed formatted disk. The Bureau will provide formatting instructions. personnel and institutional resources these files electronically to the IV.3f. Submission Dates and Times: should be adequate and appropriate to appropriate Public Affairs Sections at Application Deadline Date: April 15, achieve the program or project’s goals. 2005. the U.S. embassies for their review. 7. Institution’s Record/Ability: Explanation of Deadlines: In light of V. Application Review Information Proposals should demonstrate an recent events and heightened security institutional record of successful measures, proposal submissions must be V.1. Review Process exchange programs, including sent via a nationally recognized The Bureau will review all proposals responsible fiscal management and full overnight delivery service (i.e., DHL, for technical eligibility. Proposals will compliance with all reporting Federal Express, UPS, Airborne Express, be deemed ineligible if they do not fully requirements for past Bureau grants as or U.S. Postal Service Express Overnight adhere to the guidelines stated herein determined by Bureau Grants Staff. The Mail, etc.) and be shipped no later than and in the Solicitation Package. All Bureau will consider the past the above deadline. The delivery eligible proposals will be reviewed by performance of prior recipients and the services used by applicants must have the program office, as well as the Public demonstrated potential of new in-place, centralized shipping Diplomacy section overseas, where applicants. identification and tracking systems that appropriate. Eligible proposals will be 8. Follow-on Activities: Proposals may be accessed via the Internet and subject to compliance with Federal and should provide a plan for continued delivery people who are identifiable by Bureau regulations and guidelines and follow-on activity (without Bureau commonly recognized uniforms and forwarded to Bureau grant panels for support) ensuring that Bureau

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supported programs are not isolated OMB Circular No. A–133, Audits of the above title and number ECA/A/E/ events. States, Local Government, and Non- EUR–05–05. 9. Project Evaluation: Proposals profit Organizations Please read the complete Federal should include a plan to evaluate the Please reference the following Register announcement before sending activity’s success, both as the activities websites for additional information: inquiries or submitting proposals. Once unfold and at the end of the program. A http://www.whitehouse.gov/omb/grants. the RFGP deadline has passed, Bureau draft survey questionnaire or other http://exchanges.state.gov/education/ staff may not discuss this competition technique plus description of a grantsdiv/terms.htm#articleI. with applicants until the proposal methodology to use to link outcomes to VI.3. Reporting Requirements: You review process has been completed. original project objectives is must provide ECA with a hard copy VIII. Other Information recommended. original plus one copy of the following 10. Cost-effectiveness: The overhead reports: Notice: The terms and conditions and administrative components of the (1) A final program and financial published in this RFGP are binding and proposal, including salaries and report no more than 90 days after the may not be modified by any Bureau honoraria, should be kept as low as expiration of the award; representative. Explanatory information possible. All other items should be (2) Quarterly program and financial provided by the Bureau that contradicts necessary and appropriate. reports which should include record of published language will not be binding. 11. Cost-sharing: Proposals should program activities from that period. Issuance of the RFGP does not maximize cost-sharing through other Grantees will be required to provide constitute an award commitment on the private sector support as well as reports analyzing their evaluation part of the Government. The Bureau institutional direct funding findings to the Bureau in their regular reserves the right to reduce, revise, or contributions. program reports. (Please refer to IV. increase proposal budgets in accordance with the needs of the program and the VI. Award Administration Information Application and Submission Instructions (IV.3.d.3) above for Program availability of funds. Awards made will VI.1a. Award Notices: Final awards Monitoring and Evaluation information. be subject to periodic reporting and cannot be made until funds have been All data collected, including survey evaluation requirements per section VI.3 appropriated by Congress, allocated and responses and contact information, must above. Notice: The terms and conditions committed through internal Bureau be maintained for a minimum of three published in this RFGP are binding and procedures. Successful applicants will years and provided to the Bureau upon may not be modified by any Bureau receive an Assistance Award Document request. representative. Explanatory information (AAD) from the Bureau’s Grants Office. All reports must be sent to the ECA provided by the Bureau that contradicts The AAD and the original grant Grants Officer and ECA Program Officer published language will not be binding. proposal with subsequent modifications listed in the final assistance award Issuance of the RFGP does not (if applicable) shall be the only binding document. constitute an award commitment on the authorizing document between the VI.4. Organizations awarded grants recipient and the U.S. Government. The part of the Government. The Bureau will be required to maintain specific reserves the right to reduce, revise, or AAD will be signed by an authorized data on program participants and Grants Officer, and mailed to the increase proposal budgets in accordance activities in an electronically accessible with the needs of the program and the recipient’s responsible officer identified database format that can be shared with in the application. availability of funds. Awards made will the Bureau as required. As a minimum, be subject to periodic reporting and Unsuccessful applicants will receive the data must include the following: notification of the results of the evaluation requirements per section VI.3 (1) Name, address, contact above. application review from the ECA information and biographic sketch of all program office coordinating this persons who travel internationally on Dated: February 9, 2005. competition. funds provided by the grant or who C. Miller Crouch, VI.2 Administrative and National benefit from the grant funding but do Principal Deputy Assistant Secretary, Bureau Policy Requirements: Terms and not travel. of Educational and Cultural Affairs, Conditions for the Administration of (2) Itineraries of international and Department of State. ECA agreements include the following: domestic travel, providing dates of [FR Doc. 05–3083 Filed 2–16–05; 8:45 am] Office of Management and Budget travel and cities in which any exchange BILLING CODE 4710–05–P Circular A–122, ‘‘Cost Principles for experiences take place. Final schedules Nonprofit Organizations.’’ for in-country and U.S. activities must Office of Management and Budget be received by the ECA Program Officer DEPARTMENT OF TRANSPORTATION Circular A–21, ‘‘Cost Principles for at least three work days prior to the Educational Institutions.’’ official opening of the activity. Federal Aviation Administration OMB Circular A–87, ‘‘Cost Principles for State, Local and Indian VII. Agency Contacts Notice of Intent To Request Renewal Governments’’. For questions about this From the Office of Management and OMB Circular No. A–110 (Revised), announcement, contact: Olivia Borecka, Budget (OMB) of Seven Current Public Uniform Administrative Requirements Office of Academic Exchange Programs, Collections of Information for Grants and Agreements with ECA/A/E/EUR, Room 246, ECA/A/E/ AGENCY: Federal Aviation Institutions of Higher Education, EUR–05–05, U.S. Department of State, Administration (FAA), DOT. Hospitals, and other Nonprofit SA–44, 301 4th Street, SW., ACTION: Notice. Organizations. Washington, DC 20547, Phone: 202– OMB Circular No. A–102, Uniform 619–4060; Fax: 202–260–7985, SUMMARY: In compliance with the Administrative Requirements for [email protected]. All Paperwork Reduction Act (44 U.S.C. Grants-in-Aid to State and Local correspondence with the Bureau 3501 et seq.) the FAA invites public Governments. concerning this RFGP should reference comment on seven currently approved

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public information collections which aircraft. The current estimated annual ACTION: Notice of RTCA Special will be submitted to OMB for renewal. reporting burden is 73,572 hours. Committee 203, Minimum Performance DATES: Comments must be received on 4. 2120–0507: Development of Major Standards for Unmanned Aircraft or before April 13, 2005. Repair Data. SFAR 36 (to part 121) Systems and Unmanned Aircraft. relieves qualifying applicants (Aircraft ADDRESSES: Comments may be mailed maintenance, commercial aviation, SUMMARY: The FAA is issuing this notice or delivered to the FAA at the following aircraft repair stations, air carriers, to advise the public of a meeting of address: Ms. Judy Street, Federal commercial operators) of the burden to RTCA Special Committee 203, Aviation Administration, Information obtain FAA approval of data developed Minimum Performance Standards for Systems and Technology Services Staff, by them for the major repairs on a case- Unmanned Aircraft Systems and ABA–20, 800 Independence Ave., SW., by-case basis; and provides for one-time Unmanned Aircraft. Washington, DC 20591. approvals. The current estimated annual DATES: The meeting will be held March FOR FURTHER INFORMATION CONTACT: Ms. reporting burden is 326 hours. 8–10, 2005, starting at 9 a.m. Judy Street at the above address or on 5. 2120–0514: War Risk Insurance. ADDRESSES: The meeting will be held at (202) 267–9895. The requested information is included The MITRE Corporation, 7525 Colshire SUPPLEMENTARY INFORMATION: In in air carriers’ applications for Dr., Building 1, South Lobby Entrance, accordance with the Paperwork insurance when insurance is not McLean, Virginia 22102–7508. available from private sources. The Reduction Act of 1995, an agency may FOR FURTHER INFORMATION CONTACT: (1) not conduct or sponsor, and a person is current estimated annual reporting RTCA Secretariat, 1828 L Street, NW., not required to respond to a collection burden is 1,668 hours. Suite 805, Washington, DC 20036; 6. 2120–0679: Reduced Vertical of information unless it displays a telephone (202) 833–9339; fax (202) Separation Minimum (RVSM): Aircraft currently valid OMB control number. 833–9434; Web site http://www.rtca.org; operators seeking operational approval Therefore, the FAA solicits comments MITRE Contact: Mr. Matthew DeGarmo; to conduct RVSM operations within the on the following current collections of telephone (703) 883–7320. information in order to evaluate the 48 contiguous States of the United necessity of the collection, the accuracy States (U.S.), Alaska and that portion of Note: Foreign National attendees must e- mail their contact information to Ms. Marca of the agency’s estimate of the burden, the Gulf of Mexico where the FAA provides air traffic services must submit Johnson at [email protected] no later the quality, utility, and clarity of the than March 2, 2005; contact info should information to be collected, and their application to the Certificate include the company you are representing possible ways to minimize the burden of Holding District Office (CHDO). The and your country of origin. Additionally you the collection in preparation for CHDO registers RVSM approved will be required to present your passport for submission to renew the clearances of airframes in the FAA RVSM Approvals admission to MITRE for this meeting. All the following information collections. Database. When operators complete participants should be prepared to show 1. 2120–0003: Malfunction or Defect airworthiness, continued airworthiness photo identification. and operations program requirements, Report. Collection of this information SUPPLEMENTARY INFORMATION: Pursuant the CHDO grants operational approval. allows the FAA to evaluate its to section 10(a)(2) of the Federal The current estimated annual reporting certification standards, maintenance Advisory Committee Act (Pub. L. 92– programs, and regulatory requirements burden is 68,250 hours. 7. 2120–0698: Advisory Circular (AC): 463, 5 U.S.C., Appendix 2), notice is since their effectiveness is reflected in hereby given for a Special Committee the number of equipment failures or Reporting of Laser Illumination of Civil Aircraft. This collection covers the 135 meeting. The agenda will include: lack thereof. It is also the basis for • March 8: procedures for pilots to report the issuance of Airworthiness Directives • Opening Plenary Session (Welcome unauthorized laser illumination of designed to prevent unsafe conditions and Introductory Remarks, Approval of aircraft to air traffic control, and if and accidents. The current estimated First Plenary Summary, Resolve Parking necessary to issue emergency annual reporting burden is 8,407 hours. Lot Issues from First Plenary). notification of that unauthorized 2. 2120–0027: Application for • Review SC–203 Activities since illumination to other pilots in the area. Certificate of Waiver or Authorization. First Plenary. The current estimated annual reporting Part A of Subtitle VII of the Revised • Presentation and Formulation of burden is 100 hours. Table 49, United States Code, authorizes Proposed Work Plan. the issuance of regulations governing Issued in Washington, DC, on February 10, • Organize Writing Teams. the use of navigable airspace. 14 CFR 2005. • March 9: Parts 91, 101, and 105 prescribe Judith D. Street, • Break into Writing Teams, regulations governing the general FAA Information Collection Clearance Commence Tasks. operation and flight of aircraft, moored Officer, ABA–20. • March 10: balloons, kits, unmanned rockets, [FR Doc. 05–3017 Filed 2–16–05; 8:45 am] • Writing Teams Continue Tasks as unmanned free balloons, and parachute BILLING CODE 4910–13–M necessary. jumping. Applicants are individual • Reform the Plenary. airmen, state and local governments, • Closing Plenary Session (Writing and businesses. The current estimated DEPARTMENT OF TRANSPORTATION Teams Report Out, Other Business, annual reporting burden is 12,202 Review Actions Items/Work Program, hours. Federal Aviation Administration Date and Place of Next Meeting, 3. 2120–0042: Aircraft Registration. Second Meeting: RTCA Special Adjourn). The information collected is used by the Committee 203/Minimum Performance Attendance is open to the interested FAA to register aircraft or hold an Standards for Unmanned Aircraft public but limited to space availability. aircraft in trust. The information Systems and Unmanned Aircraft With the approval of the chairmen, required to register and prove members of the public may present oral ownership of an aircraft is required by AGENCY: Federal Aviation statements at the meeting. Persons any person wishing to register an Administration (FAA), DOT. wishing to present statements or obtain

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information should contact the person Avenue, SW., Washington, DC 20591. Issued in Washington, DC, on February 11, listed in the FOR FURTHER INFORMATION Telephone (202) 267–9287, Fax (202) 2005. CONTACT section. Members of the public 267–5340, or e-mail at: Susan J.M. Cabler, may present a written statement to the [email protected] Assistant Manager, Aircraft Engineering committee at any time. Division, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: Issued in Washington, DC, on February 4, [FR Doc. 05–3021 Filed 2–16–05: 8:45 am] 2005. Comments Invited BILLING CODE 4910–13–M Natalie Ogletree, FAA General Engineer, RTCA Advisory Your are invited to comment on the Committee. draft order listed in this notice by DEPARTMENT OF TRANSPORTATION sending such written data, views, or [FR Doc. 05–3016 Filed 2–16–05; 8:45 am] Federal Highway Administration BILLING CODE 4910–13–M arguments to the above listed address. Please identify ‘‘TVP Order’’ as the Environmental Impact Statement: subject of your comments. You may also Loudoun, Fauquier, Fairfax, Prince DEPARTMENT OF TRANSPORTATION examine comments received on the draft William, and Stafford Counties, VA order before and after the comment Federal Aviation Administration closing date at the FAA Headquarters AGENCY: Federal Highway Administration, DOT. Proposed FAA Order 8110.TVP, Type Building, Room 815, 800 Independence ACTION: Validation and Post-Type Validation Avenue, SW., Washington, DC 20591, Notice of intent; withdrawal. weekdays except Federal holidays, Procedures SUMMARY: The Federal Highway between 8:30 a.m. and 4:30 p.m. All Administration is issuing this notice to AGENCY: Federal Aviation communications received on or before Administration, DOT. advise the public of its intent to the closing date will be considered by withdraw a notice of intent to prepare ACTION: Notice of availability and the Director of the Aircraft Certification request for public comment. an Environmental Impact Statement in Service before issuing the final Order. cooperating with the Virginia SUMMARY: This notice announces the Background Department of Transportation for availability of and request for comments potential transportation improvements on the proposed Federal Aviation In the mid-1990s, the JAA and we in the western portion of Northern Administration Order 8110.TVP. This recognized the need to streamline the Virginia, between Route 7 in Loudoun proposed order defines FAA policy and certification and continued County and Interstate 95 in Stafford procedures in type certification and airworthiness processes we apply to County, to address growing regional post-type certification for imported and imported aviation products. We transportation needs. exported products. We also define the established sets of type validation and FOR FURTHER INFORMATION CONTACT: expectations, roles and, responsibilities post-type validation principles in a Edward S. Sundra, Senior of the importing authority, the exporting letter of understanding, signed in Environmental Specialist, Federal authority, and the applicant. We set up November 1997. These principles were Highway Administration, Post Office specific procedures for certification later amended in November 2001. Box 10249, Richmond, Virginia 23240– personnel working with the European 0249, Telephone 804–775–3338. Aviation Safety Agency (EASA) and The European Parliament approved legislation setting up EASA in July SUPPLEMENTARY INFORMATION: On member authorities of the joint Aviation December 19, 2000, the Federal Authorities of Europe (JAA). 2002. The new agency, which began operating in September 2003, assumed Highway Administration published a DATES: Comments must be received on the certification and validation notice of intent in the Federal Register or before March 11, 2005. authority previously exercised by the (69 FR 79450, December 19, 2000) to ADDRESSES: Send all comments on the individual National Aviation prepare an Environmental Impact proposed revised Order to: Federal Authorities. EASA recognizes existing Statement in cooperation with the Aviation Administration, Aircraft bilateral agreements between the United Virginia Department of Transportation Certification Service, Aircraft States and European Union member for potential transportation Engineering Division, Room 815, 800 states until a single, new bilateral improvements in the western portion of Independence Avenue, SW., agreement is negotiated between the Northern Virginia. The project, more Washington, DC 20591. ATTN: Gregory United States and the European Union. commonly known as the Western A. Edwards, AIR–110. You may deliver Transportation Corridor, was proposed Forming EASA gave everyone the comments to: Federal Aviation to be located between Route 7 in opportunity to look at the validation Administration, Room 815, 800 Loudoun County and Interstate 95 in and post-validation processes, to Independence Avenue, SW., Stafford County and was being incorporate lessons learned, and tailor Washington, DC 20591, or electronically developed to address growing regional them to the new European aviation submit comments to the following transportation needs. However, like Internet address: 9–AWA–AVS–AIR– certification system. As a result, we many other states in the country, the [email protected]. Include in the streamlined the principles and extended Commonwealth of Virginia has had to subject line of your message the title of the scope. deal with budgetary and fiscal priorities the document, ‘‘TVP Order.’’ How To Obtain Copies brought about by the economic FOR FURTHER INFORMATION CONTACT: recession. As a result, the Virginia Gregory A. Edwards, Aerospace You can get an electronic copy via the Department of Transportation stopped Engineer, Federal Aviation Internet at http://www.faa.gov/ development of the Western Administration, Aircraft Certification certification/aircraft/DraftDoc/ Transportation Corridor and terminated Service, Aircraft Engineering Division, Comments.htm or by contacting the the consultant contract in 2003 for the Certification Procedures Branch, AIR– person named in the paragraph FOR preparation of the Environmental 110, Room 815, 800 Independence FURTHER INFORMATION CONTACT. Impact Statement.

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Despite the termination of the Technology and Productivity joint final rules establishing procedures consultant contact, the Virginia Improvement, RAD–20, Federal for the development and Department of Transportation Railroad Administration, 1120 Vermont implementation of safety integration considered other options that might lead Ave., NW., Mail Stop 35, Washington, plans (‘‘SIPs’’ or ‘‘plans’’) by a Class I to the development of the Western DC 20590 (telephone: (202) 493–6139). railroad proposing to engage in certain Transportation Corridor. In 2004, the (These telephone numbers are not toll- specified merger, consolidation, or Virginia Department of Transportation free.) acquisition of control transactions with put out a request to the private sector SUPPLEMENTARY INFORMATION: The another Class I railroad, or a Class II soliciting their interest in developing Paperwork Reduction Act of 1995 railroad with which it proposes to the Western Transportation Corridor. (PRA), Pub. L. 104–13, 2, 109 Stat. 163 amalgamate operations. The scope of the The solicitation did not elicit any (1995) (codified as revised at 44 U.S.C. transactions covered under the two interest, so the Virginia Department of 3501–3520), and its implementing rules is the same. FRA will use the Transportation will not continue to regulations, 5 CFR Part 1320, require information collected, notably the pursue the development of the Western Federal agencies to issue two notices required SIPs, to maintain and promote Transportation Corridor at this time or seeking public comment on information a safe rail environment by ensuring that the preparation of an Environmental collection activities before OMB may affected railroads (Class Is and some Impact Statement. approve paperwork packages. 44 U.S.C. Class IIs) address critical safety issues (Catalog of Federal Domestic Assistance 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), unique to the amalgamation of large, Program Number 20.205, Highway Planning 1320.12. On December 10, 2004, FRA complex railroad operations. and Construction. The regulations published a 60-day notice in the Federal Annual Estimated Burden Hours: 528 implementing Executive Order 12372 Register soliciting comment on ICRs hours. regarding intergovernmental consultation on that the agency was seeking OMB ADDRESSES: Send comments regarding Federal programs and activities apply to this these information collections to the proposed action.) approval. 69 FR 71869. FRA received no comments after issuing this notice. Office of Information and Regulatory Authority: 23 U.S.C. 315; 49 CFR 1.48. Accordingly, DOT announces that these Affairs, Office of Management and Issued on: February 8, 2005. information collection activities have Budget, 725 Seventeenth Street, NW., Edward S. Sundra, been re-evaluated and certified under 5 Washington, DC, 20503, Attention: FRA Senior Environmental Specialist. CFR 1320.5(a) and forwarded to OMB Desk Officer. Comments are invited on the [FR Doc. 05–3079 Filed 2–16–05; 8:45 am] for review and approval pursuant to 5 following: Whether the proposed BILLING CODE 4910–22–M CFR 1320.12(c). Before OMB decides whether to collections of information are necessary approve these proposed collections of for the proper performance of the DEPARTMENT OF TRANSPORTATION information, it must provide 30 days for functions of the Department, including public comment. 44 U.S.C. 3507(b); 5 whether the information will have Federal Railroad Administration CFR 1320.12(d). Federal law requires practical utility; the accuracy of the Department’s estimates of the burden of Proposed Agency Information OMB to approve or disapprove paperwork packages between 30 and 60 the proposed information collections; Collection Activities; Comment ways to enhance the quality, utility, and Request days after the 30 day notice is published. 44 U.S.C. 3507 (b)–(c); 5 CFR clarity of the information to be AGENCY: Federal Railroad 1320.12(d); see also 60 FR 44978, 44983, collected; and ways to minimize the Administration, DOT. Aug. 29, 1995. OMB believes that the 30 burden of the collections of information on respondents, including the use of ACTION: Notice and request for day notice informs the regulated automated collection techniques or comments. community to file relevant comments and affords the agency adequate time to other forms of information technology. A comment to OMB is best assured of SUMMARY: In compliance with the digest public comments before it having its full effect if OMB receives it Paperwork Reduction Act of 1995 (44 renders a decision. 60 FR 44983, Aug. within 30 days of publication of this U.S.C. 3501 et seq.), this notice 29, 1995. Therefore, respondents should notice in the Federal Register. announces that the Information submit their respective comments to Collection Requirements (ICRs) OMB within 30 days of publication to Authority: 44 U.S.C. 3501–3520. abstracted below have been forwarded best ensure having their full effect. 5 Issued in Washington, DC on February 9, to the Office of Management and Budget CFR 1320.12(c); see also 60 FR 44983, 2005. (OMB) for review and comment. The Aug. 29, 1995. Kathy A. Weiner, ICRs describes the nature of the The summary below describes the Director, Office of Information Technology information collections and their nature of the information collection and Support Systems, Federal Railroad expected burdens. The Federal Register requirements (ICRs) and the expected Administration. notice with a 60-day comment period burden. The proposed requirements are [FR Doc. 05–3015 Filed 2–16–05; 8:45 am] soliciting comments on the following being submitted for clearance by OMB BILLING CODE 4910–06–P collection of information was published as required by the PRA. on December 10, 2004 (69 FR 71869). Title: Safety Integration Plans. DATES: Comments must be submitted on OMB Control Number: 2130–0557. DEPARTMENT OF TRANSPORTATION or before March 21, 2005. Type of Request: Extension of a FOR FURTHER INFORMATION CONTACT: Mr. currently approved collection. Federal Railroad Administration Robert Brogan, Office of Planning and Affected Public: Railroads. Petition for Waiver of Compliance Evaluation Division, RRS–21, Federal Form(s): N/A. Railroad Administration, 1120 Vermont Abstract: The Federal Railroad In accordance with part 211 of Title Ave., NW., Mail Stop 17, Washington, Administration (FRA) and the Surface 49 Code of Federal Regulations (CFR), DC 20590 (telephone: (202) 493–6292), Transportation Board (STB), working in notice is hereby given that the Federal or Debra Steward, Office of Information conjunction with each other, issued Railroad Administration (FRA) received

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a request for a waiver of compliance business, labor union, etc.). You may and motorcycles and to multipurpose with certain requirements of its safety review DOT’s complete Privacy Act passenger vehicles, trucks, trailers, and standards. The individual petition is Statement in the Federal Register buses less than 80 inches in overall described below, including the party published on April 11, 2000 (Volume width.’’ For side marker lamps, Table III seeking relief, the regulatory provisions 65, Number 70; Pages 19477–78). The lists SAE J592e, July 1972, which in involved, the nature of the relief being Statement may also be found at http:// turn requires section J ‘‘Photometry requested, and the petitioner’s dms.dot.gov. Test’’ of SAE J575 to be met. Section J arguments in favor of relief. Issued in Washington, DC, on February 9, of SAE J575 states that ‘‘when making photometric measurements at specified Uniontown Central Railroad (UTCV) 2005. test points, the candlepower (Waiver Petition Docket Number FRA– Grady C. Cothen, Jr., requirements between test points shall 2004–19999) Deputy Associate Administrator for Safety Standards and Program Development. not be less than the lower specified The Uniontown Central Railroad [FR Doc. 05–3018 Filed 2–16–05; 8:45 am] value of two closest adjacent test points (UTCV) seeks a waiver of compliance for minimum values.’’ The specified BILLING CODE 4910–06–P from certain provisions of the Safety photometric value required for amber Glazing Standards, 49 CFR part 223, side markers such as those used on the which requires certified glazing in all DEPARTMENT OF TRANSPORTATION subject Nissan Altimas is 0.62 cd. windows. Nissan stated that extensive testing This request is for two (2) cabooses, National Highway Traffic Safety has shown that the side marker lamps Car Numbers PC 18086 (built in 1946) Administration consistently meet the photometric and P&LE 504 (built in 1956), and one requirements at the required test points, locomotive, UTCV 5656. The UTCV [Docket No. NHTSA 2003–14826, Notice 2] but that the lamps fail to satisfy the claims that its operation has low Nissan North America Inc., Notice of requirement to maintain the lower incidence of vandalism, the windows of minimum intensity value of two test these cabooses and locomotive are of Grant of Application for Decision of Inconsequential Noncompliance points between those test points. odd sizes, and the costs of FRA Type I However, Nissan stated that the and II glazing are high. In addition, the Nissan North America (Nissan) has noncompliance does not affect the UTCV stated that the maximum speed of determined that some 2002–2003 Model primary purpose of the lamps to provide its equipment is 20 miles per hour. Year (MY) Altimas are equipped with proper visibility allowing identification Interested parties are invited to side marker lamps that fail to comply of the front edge of the vehicle at night. participate in these proceedings by with certain requirements of Federal Nissan argued that the reported submitting written views, data, or Motor Vehicle Safety Standard (FMVSS) noncompliance is inconsequential as it comments. FRA does not anticipate No. 108, ‘‘Lamps, Reflective Devices and relates to motor vehicle safety. In its scheduling a public hearing in Associated Equipment.’’ Nissan has letter received by the agency on connection with these proceedings since filed an appropriate report pursuant to September 28, 2004, Nissan discussed the facts do not appear to warrant a 49 CFR part 573, ‘‘Defect and the applicability of the cited final rule hearing. If any interested party desires Noncompliance Reports.’’ Nissan has that amended requirements of FMVSS an opportunity for oral comment, they also applied to be exempted from the No. 108. Nissan pointed out that the should notify FRA, in writing, before notification and remedy requirements of final rule contained a provision for side the end of the comment period and 49 U.S.C Chapter 301—‘‘Motor Vehicle marker lamps mounted less than 750 specify the basis for their request. Safety’’ on the basis that the mm above the road surface that allows All communications concerning these noncompliance is inconsequential to compliance with photometric proceedings should identify the motor vehicle safety. requirements at a 5 degree downward appropriate docket number (e.g., Waiver Notice of receipt of the application visibility angle instead of the previously Petition Docket Number 2004–19999) was published in the Federal Register required 10 degree downward visibility and must be submitted to the Docket (68 FR 60147) on October 21, 2003. angle. Nissan stated that the Altima side Clerk, DOT Docket Management Opportunity was afforded for public marker lamps would be compliant Facility, Room PL–401 (Plaza Level), comment until November 20, 2003. under the amended Standard because 400 7th Street, SW., Washington, DC Comments were received from lighting the light output at 5 degrees downward 20590. Communications received within manufacturers Koito Manufacturing Co., surpasses the minimum requirement of 45 days of the date of this notice will LTD. (Koito), and North American 0.62 cd at, and between, test points. be considered by FRA before final Lighting (NAL). Nissan submitted a Both of the public comments action is taken. Comments received after letter September 28, 2004, in support of received, from Koito and NAL, that date will be considered as far as its petition; this letter referenced a supported granting Nissan’s petition. practicable. All written communications FMVSS No. 108 final rule published in Both companies stated they believe the concerning these proceedings are the Federal Register (69 FR 48805) on noncompliance in question is available for examination during regular August 11, 2004. Nissan also submitted inconsequential to motor vehicle safety. business hours (9 a.m.–5 p.m.) at the data in support of its letter on October They supported this conclusion with above facility. All documents in the 22, 2004. various comments that indicated a belief public docket are also available for Paragraph S5.1.1 of FMVSS No.108 that the ability to recognize the presence inspection and copying on the Internet states that ‘‘* * * each vehicle shall be of the subject Altimas, as well as the at the docket facility’s Web site at equipped with at least the number of overall length of these vehicles, is not http://dms.dot.gov. lamps, reflective devices, and associated adversely impacted by the Anyone is able to search the equipment specified in Tables I and III noncompliance in question. electronic form of all comments and S7, as applicable. Required We have reviewed Nissan’s rationale received into any of our dockets by the equipment shall be designed to conform for granting the petition and we agree. name of the individual submitting the to the SAE Standards or Recommended The aforementioned final rule published comment (or signing the comment, if Practices referenced in those tables on August 11, 2004, did indeed amend submitted on behalf of an association, * * * Table III applies to passenger cars the photometric requirement for low-

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mounted lamps, including side marker Authority: 49 U.S.C. 30118(d) and filed on selected inventions to extend lamps, to allow compliance at a 5 degree 30120(h); delegations of authority at 49 CFR market coverage for U.S. companies and downward visibility angle instead of at 1.50 and 501.8. may also be available for licensing. a 10 degree downward visibility angle Issued on: February 10, 2005. FOR FURTHER INFORMATION CONTACT: as previously required. This change is Stephen R. Kratzke, present in the following text under Technical and licensing information on Associate Administrator for Rulemaking. the invention may be obtained by section S5.3.2.3 of the revised FMVSS [FR Doc. 05–3020 Filed 2–16–05; 8:45 am] No. 108, ‘‘For signal lamps and reflected writing to: Sal Sheredos, Department of BILLING CODE 4910–59–P devices mounted less than 750 mm Veterans Affairs, Acting Director above the road surface as measured to Technology Transfer Program, Office of the lamp axis of reference, the vertical Research and Development, 810 test point angles located below the DEPARTMENT OF VETERANS Vermont Avenue, NW., Washington, DC horizontal plane subject to photometric AFFAIRS 20420; fax: 202–254–0473; e-mail at: [email protected]. Any request for and visibility requirements of this Office of Research and Development; standard may be reduced to 5 degrees.’’ information should include the Number Government Owned Invention and Title for the relevant invention as In making this revision, the agency Available for Licensing previously explained that such low- indicated below. Issued patents may be mounted lamps typically cannot be AGENCY: Office of Research and obtained from the Commissioner of observed at greater downward angles. Development, VA. Patents, U.S. Patent and Trademark Office, Washington, DC 20231. This situation is exactly the same as ACTION: Notice of government owned which exists on the Altima front side invention available for licensing. SUPPLEMENTARY INFORMATION: The marker lamp; it complies at 5 degrees invention available for licensing is: down. SUMMARY: The invention listed below is In consideration of the foregoing, owned by the U.S. Government as US Provisional Patent Application No. 60/ 600,390 ‘‘Treating Neurological Disorders NHTSA has decided that Nissan has met represented by the Department of with Neuro-Specific Gap Blockers’’. its burden of persuasion that the Veterans Affairs, and is available for noncompliance it describes is licensing in accordance with 35 U.S.C. Dated: February 10, 2005. inconsequential to motor vehicle safety, 207 and 37 CFR part 404 and/or CRADA Gordon H. Mansfield, and that it should be exempted from the Collaboration under 15 U.S.C. 3710a to Deputy Secretary, Department of Veterans notification and remedy requirements of achieve expeditious commercialization Affairs. the statute. Accordingly, Nissan’s of results of federally funded research [FR Doc. 05–3085 Filed 2–16–05; 8:45 am] application is hereby granted. and development. Foreign patents are BILLING CODE 8320–01–P

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Part II

Department of Transportation Office of the Secretary

14 CFR Parts 241 and 249 Aviation Data Modernization; Proposed Rule

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DEPARTMENT OF TRANSPORTATION next page, type in the last four digits of 4. Significant Issues Related to the Data to the docket number shown on the first Be Collected Office of the Secretary page of this document, 4043. Then click 5. Transition Period on ‘‘search.’’ An electronic copy of this J. T–100/T–100(f) Considerations 14 CFR Parts 241 and 249 1. Background document also may be downloaded 2. T–100/T–100(f) Changes to be [Dockets No. OST–1998–4043] from http://regulations.gov and from the Considered Government Printing Office’s Electronic K. Data Dissemination RIN 2105–AC71 Bulletin Board Service at (202) 512– 1. Dissemination of Data by Month 1661. Internet users may reach the 2. Proposed Construction of One-way Trips Aviation Data Modernization Office of the Federal Register’s home 3. Proposed Proration Method AGENCY: Office of the Secretary, page at: http://www.archives.gov/ 4. Proposed Changes to Confidentiality Department of Transportation. federal_register/index.html and the L. Rulemaking Analyses and Notices Government Printing Office’s database M. Glossary ACTION: Notice of proposed rulemaking N. Proposed Rule (NPRM). at: http://www.gpoaccess.gov/fr/ index.html. A. Authority SUMMARY: The Department of Anyone is able to search the The Civil Aeronautics Board Sunset Transportation (the Department) is electronic form of all comments Act of 1984 (Pub. L. 98–443) requires proposing to revise the rules governing received into any of our dockets by the the Department of Transportation (the the nature, scope, source, and means for name of the individual submitting the Department), under the authority of the collecting and processing aviation traffic comment (or signing the comment, if Secretary for Transportation (49 U.S.C. data. Those reporting requirements are submitted on behalf of an association, 329(b)(1)), to collect and disseminate known as the: Origin—Destination business, labor union, etc.). You may information on civil aeronautics and Survey of Airline Passenger Traffic review the Department’s complete aviation transportation in the U.S., other (O&D Survey); and Form 41, Schedule Privacy Act Statement in the Federal than that collected and disseminated by T–100—U.S. Air Carrier Traffic and Register published on April 11, 2000 the National Transportation Safety Capacity Data by Nonstop Segment and (65 FR 19477–78) or you may visit Board. The Department must, at On-flight Market and Form 41, Schedule http://dms.dot.gov. minimum, collect information on the T–100(f)—Foreign Air Carrier Traffic Public Meeting origin and destination of passengers and Data by Nonstop Segment and On-flight information on the number of Market (collectively, the T–100/T– Based on the significant proposed changes to the O&D reporting system, passengers traveling by air between any 100(f)). Current traffic statistics no two points in air transportation. longer adequately measure the size, the Department is considering holding a public meeting. If necessary, the public Additionally, the Department must be scope and strength of the air travel responsive to the needs of the public industry. This NPRM proposes to meeting would allow the Department to gather additional input from the Air and disseminate information to make it simplify the requirements placed upon easier to adapt the air transportation Carriers reporting the O&D Survey. The Carriers and other stakeholders. Any meeting would be open to the public system to the present and future needs proposed O&D Survey will eliminate the of the commerce of the U.S. (49 U.S.C. ambiguity in the identification of the and a record of the meeting would be placed in the rulemaking docket. If the 40101(a)(7)). In meeting this Participating Carrier and eliminate the responsibility, the Department collects need for manual data collection by Department decides a public meeting is necessary, the Department will publish data submitted under 14 CFR Part 217 designating the Issuing Carrier as the (Reporting Traffic Statistics by Foreign Participating Carrier. It will also a notice announcing the meeting in the Federal Register. Air Carriers in Civilian Scheduled, increase accuracy by expanding the Charter, and Nonscheduled Services), volume of data to 100 percent of Table of Contents 14 CFR Part 241 (Uniform System of Ticketed Itineraries, and make the data A. Authority Accounts and Reports for Large more useful to Department, airport, and B. Background Certificated Air Carriers) and 14 CFR industry planners by collecting broader 1. Current Method of Collecting O&D Part 298 (Exemptions for Air Taxi and information about the Ticketed Itinerary Survey Data Commuter Air Carriers). sale and the scheduled itinerary details. 2. Current Method of Collecting T–100/T– 100(f) Under 14 CFR Part 217, Foreign Air The proposed T–100/T–100(f) will Carriers that are authorized by the improve the quality of the data by 3. Office of Inspector General’s Report 4. Advanced Notice of Proposed Department to provide scheduled maximizing the congruence of the O&D Rulemaking passenger services to or from the U.S. Survey and the T–100/T–100(f). C. Need for Data Modernization must file Form 41 Schedule T–100(f) DATES: Comments must be submitted by 1. Background ‘‘Foreign Air Carrier Traffic Data by April 18, 2005. 2. Review of Deficiencies in the Current Nonstop Segment and On-flight FOR FURTHER INFORMATION CONTACT: O&D Survey Market,’’ accumulated in accordance D. O&D Survey Data Usage Richard Pittaway, Office of Aviation 1. The Department with the data elements prescribed in Analysis, 400 Seventh St. SW., Room 2. Other Government Agencies Section 217.5 (14 CFR Part 217 section 6401, Washington, DC 20590, (202) 366– 3. Other Stakeholders 217.3). These requirements reflect 8856. E. Limitations of O&D Survey and T–100/T– changes made to international data SUPPLEMENTARY INFORMATION: 100(f) submissions by large Air Carriers F. Need for Regulatory Action (Docket No. OST–1996–1049, RIN 2105– Electronic Access G. Development of the Record in this AC34, 62 FR 6715; Docket No. OST– You can view and download this Rulemaking H. Scope of this Rulemaking 1998–4043, RIN 2139–AA08, 67 FR document by going to the Web site of I. O&D Survey Redesign 49217). the Department’s Docket Management 1. Summary of the Proposed O&D Survey Under 14 CFR Part 241, all U.S. System (http://dms.dot.gov/). On that 2. Discussion of the Proposed O&D Survey certificated and commuter U.S. Air page, click on ‘‘simple search.’’ On the 3. Reporting Requirements Carriers must report their traffic

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movements in the T–100. Under 14 CFR Carrier that issued the ticket or employ should be filed electronically; and (4) Part 217, all Foreign Air Carriers that staff to examine the physical passenger how the aviation data system should be operate to the U.S. must report their document and transcribe as much of the reengineered to enhance efficiency and traffic movements involving a U.S. point Ticketed Itinerary as possible from a reduce costs for both the Department in the T–100(f). Participation in the used flight coupon. and the airline industry. The ANPRM O&D Survey is required by 14 CFR Part explored not only the scope of traffic 2. Current Method of Collecting T–100/ 241 Section19–7. The source documents and financial information, but also the T–100(f) are airline tickets ending in double-zero sources of data, the timing of the (major domestic markets) or zero (all The current method of gathering data reporting of data, the methods of other markets), reported only by the first for the T–100/T–100(f) requires processing data, and the release of data honoring and Operating Air Carrier, Reporting Carriers (e.g. all Carriers to the public. The Department which shall report the required data for required by 14 CFR Part 217, 14 CFR subsequently conducted additional the entire Ticketed Itinerary. Part 241, and 14 CFR Part 298 to report outreach and research activities to operating statistics) to report the further assess data requirements and B. Background movement of traffic in accordance with potential improvements to the reporting This NPRM is part of an effort by the the uniform classifications prescribed. and processing systems. In the ANPRM, Department to conduct a broad-based They are compiled by Flight-Stage as the Department stated its goal that the review of the requirements for aviation actually performed and represent 100 aviation data systems should be data and to modernize the way the percent of operations. The requirements reviewed and modernized to adapt to Department collects, processes and reflect revisions made to T–100/T– the present and future needs of disseminates aviation data. Specifically, 100(f) reporting requirements for both commerce. it addresses the collection and Foreign and Domestic Air Carriers As a result of the ANPRM, the processing of traffic reporting (Docket No. OST–1996–1049, RIN 2105– Department issued an NPRM on August requirements described in the O&D AC34, 62 FR 6715; Docket No. OST– 28, 2001, to assessment changes to the Survey and T–100/T–100(f). It reflects 1998–4043, RIN 2139–AA08, 67 FR T–100/T–100(f) Traffic Reporting prior analyses of the aviation data 49217). Data are submitted monthly. System (Docket No. OST–1998–4043, collected and processed by the 3. Office of Inspector General’s Report RIN 2139–AA08, 66 FR 45201). On July Department and the effective use of that 30, 2002, the Department issued a final data by the government, the airline At the request of The Bureau of rule modifying the T–100/T–100(f) industry, consumers, and other Transportation Statistics (BTS), the Traffic Reporting System (Docket No. stakeholders, which indicate a need to Office of the Inspector General (OIG) OST–1998–4043, RIN 2139–AA08, 67 revise and update the O&D Survey and audited the Passenger Origin- FR 49217). This NPRM proposes T–100/T–100(f). Destination Survey (O&D Survey) data additional data modernization changes submitted by the Air Carriers to the 1. Current Method of Collecting O&D that were not previously addressed in Department. The OIG report, released in prior rulemakings. Survey Data February 1998, acknowledged that The O&D Survey collects a sample of passenger data was critical for basic C. Need for Data Modernization itineraries quarterly from large departmental responsibilities and for In 1947, the U.S. Government under certificated U.S. Air Carriers. Foreign making sound policy decisions. It the Civil Aeronautics Board (CAB) Air Carriers granted antitrust immunity declared the O&D Survey to be began keeping information about the as part of code-share agreements with insufficiently reliable for use in origin and destination of passenger air U.S. Air Carriers contribute O&D Survey supporting these decisions. Specifically, travel based on passenger reservations. data under a similar but separate the OIG report concluded that In 1968, the O&D Survey was program. The current method of ‘‘[a]lthough O&D data are used by overhauled and the basis of counting gathering data for the O&D Survey Department analysts to provide passengers was changed to the present requires large certificated Air Carriers quantitative support for key policy and system of counting sold tickets reported that transport passengers (i.e. funding decisions, we found that O&D after first use. With the exception of a ‘‘Participating Carriers’’) to examine data are unreliable for use in making few added data elements to record code- each flight coupon to determine these important decisions.’’ (Office of share ticketing, the O&D Survey whether the ticket, or Ticketed Itinerary, Inspector General Audit Report Number collected today has changed little since is reportable. Reportable tickets are AV–1998–086 Feb. 24, 1998 p.iii). 1968, although some changes were those with a ticket number ending in a made to the T–100/T–100(f) (Docket 4. Advanced Notice of Proposed double-zero (major domestic markets) or OST–1996–1049, RIN 2105–AC34, 62 Rulemaking zero (all other markets). In practice, FR 6715; Docket OST–1998–4043, RIN tickets ending in zero are reported, In July 1998, the Office of the 2139–AA08, 67 FR 49217). The presumably representing ten percent of Assistant Secretary for Aviation and industry, however, has changed a great all Ticketed Itineraries. The ticket must International Affairs and BTS jointly deal since then. be reported unless it is apparent that issued an advance notice of proposed another Participating Carrier has already rulemaking (ANPRM) (July 15, 1998, 63 1. Background reported it. If it is not apparent, then the FR 28128) as a first step in reviewing Worldwide, the scheduled air Participating Carrier must report the aviation data collected by the transportation industry is divided into ticket. Data are reported quarterly. Department (Docket OST–1998–4043– those Carriers that share passengers If the Participating Carrier issued the 1). The Department solicited comments with one another on the same Air Travel ticket, it will likely have saved the about (1) whether the existing airline Ticket, a practice called interlining, and itinerary data for use in reporting the traffic and financial data should be those Carriers that operate ticket to the Department’s O&D Survey. amended, supplemented or replaced; (2) independently without interline If the Participating Carrier did not issue whether selected forms and reports agreements. For both types of Carriers, the ticket, the Carrier must either should be retained, modified, or only one Carrier serves as the Issuing receive the necessary data from the eliminated; (3) whether aviation data Carrier, but for interlining Carriers, the

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Issuing Carrier plays a coordinating role Ticket on behalf of all Carriers that country or, sometimes, clusters of for all other Carriers included in the appear on the Ticketed Itinerary. The countries. Travel agencies in North Ticketed Itinerary. The Issuing Carrier is Issuing Carrier, regardless of the identity America remit sales to the Airlines responsible for holding the ticket of the Carrier that will operate each Reporting Corporation (ARC), organized purchaser’s funds until they are earned, Flight Coupon Stage, will remit the tax in the early 1980s, which operates in paying taxes due to government tied to each Flight Coupon Stage. A case much the same way that BSPs operate agencies, and paying the travel agent in point is the Aviation and in other parts of the world. commission, if any. The Issuing Carrier Transportation Security Act (ATSA), When the current O&D Survey was is also known as the plating Carrier Public law 107–71. Under the ATSA, established in the 1960s, the most because, in the age when flight coupons the Issuing Carrier remits the September common accounting system was a lift- had red carbon paper backing, the 11th Security fee. Even though the fee based system. The airline industry used Issuing Carrier’s three-digit identifier is calculated based upon the number of flown flight coupons, also known as was stamped on a metal plate that travel Flight Coupon Stages in the Air Travel lifts, as the primary source of agents and airline ticket agents used to Ticket, carriers that transport the accounting and marketing data. It was imprint the first three positions of a 13- passengers have no responsibility for customary to make a reservation, and digit ticket number of an Air Travel collecting and remitting this fee. then ticket the reservation at a later Ticket. For example, a passenger purchasing time. The ticket consisted of one flight The Issuing Carrier holds the ticket non-stop service transportation from coupon for each enplanement and a purchaser’s funds until they have been Washington to St. Louis and back will summary or auditor’s coupon. Every earned by providing transportation to be assessed the September 11th Security flight coupon contained all the the passenger. When the passenger’s Fee one time for each One-way Trip. information about the itinerary. travel plans include travel on multiple The Issuing Carrier will remit the Moving all evidence of the ticket sale Carriers on the same Ticketed Itinerary, September 11th Security Fee within 60 to each airline’s accounting center was the Carrier that transports the passenger days of the purchase of the ticket, time-consuming and laborious. In the provides evidence to the Issuing Carrier regardless of the scheduled travel date. years prior to the widespread use of that the passenger has been transported Here, if U.S. Airways, Inc. (US Airways) computers, tickets sold in the U.S. took in order to receive its share of the funds. issues a Ticketed Itinerary with weeks to reach the Carrier; tickets sold This process is called ‘‘interline outbound travel on US Airways and in foreign countries would typically settlement’’ or ‘‘interline billing.’’ When return travel scheduled several months take months. Some ticket sales were presented with evidence that the later on United Air Lines (United), it is processed within a week or two, but passenger has been transported, the the responsibility of US Airways, as the very often sales took so long that the Issuing Carrier credits the billing Carrier Issuing Carrier, to remit the September passenger had completed the journey with its prorated share of the 11th Security fees for travel on both before the Issuing Carrier processed the passenger’s fare. Since sharing outbound and return travel. Passengers sale of the Air Travel Ticket. In contrast, passengers internationally is common, pay the September 11th Security fee the interline billing process is based on the number of enplanements after each flight departure, the airport standardized worldwide across all described in the Ticketed Itinerary, not personnel sent a flight envelope Carriers that choose to interline on the number of actual enplanements containing all the flight coupons to the passengers. Because travel agencies all that the exigencies of travel actually Operating Air Carrier’s accounting over the world sell tickets on Carriers require the passenger to make. If, on the offices for processing. The flown flight located in many countries, and because day the passenger leaves Washington, a coupons came to the accounting center passenger travel plans often involved problem arises that results in the organized in flight envelopes for flights multiple Carriers, interlining Carriers passenger traveling to another city (and, departed mostly in the prior week. By and travel agents worldwide created the perhaps, on another Carrier) to change virtue of the ubiquitous red carbon standard agent ticket, which is used planes before continuing on to St. Louis, paper, every flight coupon included a universally by interlining Carriers. the passenger is not assessed a second copy of the entire itinerary. Therefore, These Carriers use identical, or near September 11th Security Fee because in a pre-computer environment, a lift- identical, billing processes to facilitate the assessment of the September 11th based accounting system organized the handling of shared tickets. Even Security Fee was made by the Issuing around the lifted flight coupons made when travel is scheduled on a single Carrier when the itinerary was issued. sense. Taxes and commissions had to Carrier, extenuating circumstances due It is a misnomer to say that travel wait until the sale records reached the to weather, mechanical, or other agents issue tickets. Travel agents Issuing Carrier, but in a lift-based operational difficulties can result in distribute (sell or issue for free) Ticketed accounting system, a Carrier’s passengers being transported on Itineraries on behalf of an Issuing accounting and market data needs were multiple Carriers. After accommodating Carrier, and send the pertinent met with the information on the lifted a displaced passenger, the Carriers use information about the sale, and the flight coupon. standard interline billing processes to proceeds of the sale, to the Issuing In 1968, the CAB designed the O&D transfer funds from the Issuing Carrier Carrier. Originally, travel agents Survey around the lifted flight coupon to the Carrier that transported the remitted funds directly to Issuing to reflect the standard procedures that passenger. Carriers that do not choose to Carriers. With growing numbers of were in use in the airline industry. interline passengers and that do not rely airlines, the international nature of air Collecting the ticket sale data after one on travel agents to distribute their travel travel, and growing numbers of travel coupon had been used was not only in products are not bound by these agencies, Carriers and travel agencies line with Carrier accounting practices of standard procedures and agreements, throughout the world formed clearing the time but also had two other but most Carriers choose to use industry houses, which came to be known as advantages. First, this collection method standard procedures nonetheless. Bank Settlement Plans (BSPs), to grouped the reported tickets together in Tax authorities generally require the provide a central location for handling a date close to the passenger’s use of a Issuing Carrier to remit all taxes and Air Travel Tickets distributed (sold) by flight coupon rather than the ticket issue fees associated with the Air Travel travel agents. There is a BSP for each date. Second, it kept fully refunded and

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fully exchanged tickets from being cause an agent to re-issue the ticket sale. Sometimes this happened because included in the O&D Survey. would not be communicated to the TCN records were generated for tickets The CAB also recognized that manual accounting system. Nevertheless, for customers who failed to complete procedures are labor intensive and whereas moving manual ticket data the purchase. Other times, customers expensive. In keeping with the desire to from the ticket sellers to the Carriers demanded a change that resulted in a minimize the burden of collection, the had been laborious, slow, and costly, second TCN being created while the CAB specified very few elements from the automated computerized ticketing first could not reliably be nullified. the ticket for collection, required only process opened up new possibilities to Testing can generate a TCN or, 10 percent of the tickets to be examined, move ticket information quickly, sometimes, TCNs by the thousands, for and limited the number of surveys to efficiently, and at low cost to Carriers. which there was no ticket sale. Carriers’ four a year. Automated ticket processing opened passenger revenue accounting systems The Carriers were early adopters of up cost saving opportunities in were designed to find the TCNs they computer systems. The first of the passenger revenue accounting. The huge needed for accounting purposes, ignore customer interactions to be automated cost of rewriting an accounting system the extraneous TCNs, and still be able was the reservation process. The major from lift-based to sales-based was to accept manual data on tickets for Carriers built large reservation systems justified, in part, because the lift-based which no TCN exists. Not all Carriers to match passengers to departing accounting system required hundreds of used TCN records in the course of aircraft. The reservations system employees trained to process the lifted business. Of those that did, some computers had an operating system that flight coupons. Because a sales-based created TCNs for their own internally- was designed specifically for the accounting system makes use of issued tickets, while other Carriers did requirements of Carrier reservation information already stored in the not. systems. Passengers and travel agents computer, Carriers gradually shifted After the CRSs became known as worldwide called Carriers to make a away from reliance on information from Global Distribution Systems (GDSs) in reservation and the airline employees lifted flight coupons and toward the 1990s, they inherited the entered the passenger information. reliance on information stored from the responsibility to create the TCN records Several of the Carriers eventually ticket sale. By 2004, Carriers use sales- for travel agency tickets. With this packaged their systems as a product, based accounting systems almost development, TCNs became the vehicle called a Computer Reservation System exclusively. to send information about the ticket (CRS). They sold the ability to access Regardless of the accounting system, from the travel agencies to the Issuing the reservations system to the travel there remained a gap in data when the Carrier as well as to any other Carrier agents. Marketed as Sabre, PARS, itinerary included multiple Carriers. that participated in the itinerary. The Apollo, and System One, the CRS Only the Carrier that issued the ticket GDSs sell the TCN information to the owners gained revenue from others’ had a complete computer record of it. A Carriers for a small fee. The GDSs also access to the system, and Carriers Carrier that transported a passenger on sell the travel agent’s reservation lowered their costs because travel a ticket that it did not issue had to information. The product, called agents, rather than airline employees, employ staff to enter the itinerary into marketing information data tapes were now entering the passenger its computer system. In the 1980s, (MIDT), contains no information about information into the reservations American Airlines initiated agreements the price of the travel except the selling system. to share ticket information about shared class codes and is limited to segments When the reservations systems began passengers with Trans World Airlines, booked through travel agencies. The to issue automated tickets, the travel United Air Lines and Eastern Airlines to MIDT data are marketed to Carriers for agent and the airline ticket counters avoid the cost of manually re-typing use in business planning activities. achieved higher efficiency and each other’s tickets. In 1990, the system While increasing computerization productivity. Automated ticketing of sharing ticket information was simplified many of the carriers’ data lowered costs by copying data already formalized with an industry standard collection, processing, and exchange in the reservations system onto a paper record structure for all Carriers called activities, manual collection of the O&D ticket. However, since the reservations Transmission Control Number (TCN) Survey information became more computer operating system was record. Whenever a Carrier needed to difficult for the Participating Carriers. incompatible with the Carrier share information about a ticket with With reliance on computerized ticketing accounting computers, the information the other Carriers in the itinerary, a TCN and the shift to sales-based accounting from the ticketing record had to be record could be sent between Carriers. systems, there was little interest or need copied again onto an electronic record Responsibility to oversee the data to continue the practice of using carbon that was transmitted to the Carrier’s sharing was given to the Airline Tariff paper to print the whole itinerary on all accounting computer systems. Since the Publishing Company (ATPCO). ATPCO of the ticket’s flight coupons. accounting system received a copy of would forward TCN records to the Examination of coupons, standard the ticket data but not a direct link to operating Carriers in the itinerary on procedure in the old lift-based system, the reservations system, the accounting behalf of the Issuing Carrier. The is not necessary in the normal course of system had no direct way of recording ATPCO TCN exchange service was business when using a sales-based changes made in the reservation offered to all Carriers, although not all accounting system. Since the system.1 Changes to the passenger’s Carriers decided to participate. Department’s O&D Survey continued to reservation that were important enough The TCN data sharing was created as require the Operating Air Carrier to to cause an agent to re-issue the ticket an optional service to facilitate more provide information from the lifted would, in turn, generate a new ticket efficient information exchange among flight coupons, it became increasingly record that would be forwarded to the interlining Carriers electing to use the vital for the Operating Air Carrier to accounting system. Changes to the service, not as a compulsory system. receive information about the issuance passenger’s reservation that did not Tickets continued to be created without of the ticket from the Issuing Carrier. If a corresponding TCN record. the first Participating Carrier is not the 1 This was true at some carriers until the advent Conversely, multiple TCNs were Issuing Carrier or did not receive that of electronic ticketing in the mid-1990s. sometimes created to describe a single sale information from the Issuing

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Carrier, then the Participating Carrier is transferred by computer yields less current O&D Survey burdens required to employ staff to locate that information than it did in the 1960s, Participating Carriers with obligations to lifted flight coupon. This is an intensely when manual processing was the norm. examine the details of lifted flight manual process, and it is a significant Electronic ticketing has become the coupons that they would not ordinarily burden on limited human and financial standard practice for most U.S. Air do in the course of their business. resources of the Operating Air Carrier. Carriers. However, when authorization Significant among these burdens is In the pre-computer era, Carriers could to board a plane must be communicated the obligation to determine first draw on accounting department between Carriers, and electronic means Participating Carrier. Under the employees trained in obtaining are for any number of reasons requirements of the current O&D information from lifted flight coupons, unavailable, issuing a paper flight Survey, the only way to meet the but increasing reliance on computer coupon remains the standard practice of obligation of determining whether an records and sales-based accounting the industry. Operating Air Carrier is the first systems left Carriers with only a small The O&D Survey requires Participating Carrier is for each number of employees with sufficient Participating Carriers to report Operating Air Carrier to examine the training to glean the O&D Survey information about an entire ticket based complete routing of every Ticketed information from a lifted flight coupon. on the knowledge of the flight coupon Itinerary that was used to transport Sales processing by computer has they have in hand. Paper coupons today passengers in the quarter. There is no become so reliable that as of May 2004, generally only contain the information other way for Operating Air Carriers to the GDSs no longer print a paper for a single flight segment. The itinerary determine whether or not it is apparent version of the auditor’s coupon. must be deciphered by examining the that another Participating Carrier has Employees with the skills needed to pricing area of the ticket. Unfortunately, already reported the ticket. extract the necessary information from the pricing area lists city codes instead The Survey data are taken from the coupon visual examination of a lifted flight of airport codes. For cities with only one that is lifted by a participating carrier, unless coupon have become increasingly airport, the limitation poses no problem, it is apparent from the lifted coupon that scarce. but for cities such as New York, the another participating carrier has already The level of effort that the current pricing area will list the price to NYC. recorded and reported the data, in which O&D Survey imposes on an Operating The use of NYC obscures whether the instance the ticket coupon is non-reportable Air Carrier to identify whether it is the passenger is scheduled to arrive at for the second honoring/participating carrier. first Participating Carrier in the itinerary LaGuardia (LGA) or Kennedy (JFK) or, —14 CFR Sec 19–7 Appendix A (I.) General is compounded by the number of for that matter, at Newark (EWR) or Description of O&D Survey (B) Narrative Description Carriers the Department exempts from Newburgh (SWF) airports. reporting to the O&D Survey. Tens of The passengers’ purchased itinerary The ‘‘unless it is apparent’’ standard thousands of passengers fly each day on has always been limited to four for determining whether an Operating commuter Carriers and Foreign Air segments per ticket because only four Air Carrier is responsible for reporting Carriers operating under code-share could be printed plainly on carbon a Ticketed Itinerary is a difficult agreements. As a result of code-share paper copies. If a passenger’s itinerary standard to meet. Every Operating Air ticketing procedures, the identity of the required more than four flight coupons, Carrier must diligently examine every Operating Air Carrier is often hidden the Carriers used two or more tickets in Ticketed Itinerary to find out whether it from an outside observer. When the conjunction with each other. When the has a ticket number ending in zero. For Issuing Carrier does not provide the itinerary was long enough to require ticket numbers ending in zero, when the itinerary details to the Operating Air spanning two tickets, the information Operating Air Carrier is the initial Carrier, via a TCN record or other from the second ticket was never Carrier in the routing, then clearly it means, then it is difficult for the available to the Participating Carrier. should report the Ticketed Itinerary. Operating Air Carrier to determine Recognizing this, the Department When the Operating Air Carrier is the whether any of the other Carriers whose exempted the Participating Carrier from second or third Carrier in the routing, it Airline Designator appears on the ticket reporting the second and subsequent must compare the identifiers of the as the Marketing Carrier is scheduled to conjuncted tickets from the O&D previous Carriers in the routing to the operate the flight. A Participating Survey. However, even when some list of Participating Carriers provided by Carrier may not be aware that a Code- portions of the Ticketed Itinerary go the Department’s Office of Airline Share partner is scheduled to operate a unreported, the total amount collected Information (OAI). Under the current flight. The CFR specifically absolves the for the ticket is still reported in full. regulation, even the most diligent Participating Carrier from the burden of Reported flight coupons are artificially Participating Carrier will not report all determining the scheduled Operating over-valued when the full ticket value, O&D Survey tickets correctly if there is Air Carrier if the Issuing Carrier did not but only the partial itinerary, is an unrecognized code-share flight notify it and it is not a Carrier involved reported. The number of partially present in the itinerary, the itinerary in the code-share agreement. reported itineraries currently being spans multiple physical tickets (known reported in the O&D Survey is assumed If the reporting carrier does not know the as conjuncted tickets), or the itinerary operating carrier on a downline code-share to be low, but since they are not includes cities with multiple airports. detectable, there is no ability to quantify segment, it would use the ticketed carrier’s 2. Review of Deficiencies in the Current code for both the operating and the ticketed them, and, therefore, the impact of carriers. The reporting carrier is not exempting long itineraries on the O&D Survey responsible for knowing the operating carrier current O&D Survey is unknown. Respondents to Docket OST–1998– of a downline code-share where it is not a Reliance on the ability of the 4043–1 (ANPRM, July 15, 1998; 63 FR party to the code-share segment. Operating Air Carrier to examine the 28128) agreed that the O&D Survey, as —14 CFR Sec 19–7 V. Selection of Sample lifted flight coupons no longer provides it exists, exempts too many passengers and Recording of Data (D)(2)(b) the best reasonably obtainable economic from the report, is cumbersome and In addition to the higher cost, information about the purchase of air expensive to compile, and fails to examination of a printed paper coupon travel on scheduled Carriers. The collect key elements of information. In to obtain information that is usually Department acknowledges that the addition, the results of the O&D Survey

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published by the Department are that case, the second Carrier in an entirely random. While the sample is unwieldy to use. The Department itinerary should report the ticket. intended to be 10 percent of all tickets, wishes to address problems such as However, the second Carrier may not be analysis by BTS’ Office of Statistical those identified in the 1998 OIG report, a code-share partner with the regional Quality in 2001 concluded that the which concluded that O&D data were Carrier that first transported the actual sample size ranged from 10.1 unreliable for use in key policy and passenger. The second Carrier will percent in 1999 to 9.6 percent in 2000. funding decisions.2 For example, the believe the ticket to have been reported This is a larger variation than one would Inspector General determined that of by the first Carrier when, in fact, it has expect purely from normal sampling 8,894 city pairs, the O&D Survey report not been reported. This causes the entire error, suggesting some non-randomness on 6,661 city pairs (69 percent) did not itinerary to go unreported. in the creation or selection of ticket meet the Department’s accuracy criteria Exceptions for Foreign Air Carriers numbers. when using enplanement statistics as a also impact the accuracy of the O&D c. Definition of Origin and Destination benchmark. The Inspector General (IG) Survey, and the IG cited this exception used the enplanement statistics as a as a prominent problem. Excluding The common understanding of a True reliable comparison because they are those Foreign Air Carriers granted O&D is a passenger who is traveling also used by the Carriers for aircraft antitrust immunity for alliances with from the origin of the trip to arrive at the operational purposes. The IG cited U.S. carriers, Foreign Air Carriers may destination of the trip where the several reasons for the inaccuracies, transport passengers without reporting individual intends to conduct business most of which were attributed to the fact their Origin and Destination traffic to or engage in leisure activity. Passengers that the basic reporting requirements of the Department. In consequence, some generally prefer to arrive at the True the O&D Survey have not been aligned travelers bound for foreign countries are O&D destination in the fewest possible with current industry practices. counted in the Department’s statistics, Flight-Stages, but often a passenger and some are not. Excluding these travels over many Flight-Stages, many a. Reporting Exemptions passengers introduces a bias into the Flight Coupon Stages, and, sometimes, Exemptions from reporting, granted in statistics that is difficult to evaluate. As many modes of transportation to reach the 1960s, have become a major problem the code-share and marketing alliances the True O&D destination, and in the in today’s O&D Survey. For example, between U.S. and Foreign Air Carriers case of a very remote destination, the Carriers flying planes with 60 or fewer developed throughout the 1990s, this journey might take several days. The seats are exempt from reporting. As reporting gap became even more Department’s intent has always been to such, passengers whose entire significant. track, to the greatest extent possible, the itineraries are flown on smaller Carriers passenger’s intended True O&D. b. Sample Size will not be reported, yet their Carriers, airports, the Department, and participation in the air transportation The IG pointed out that having other stakeholders use various system is critical. Similarly, code-share Participating Carriers report only those methodologies to approximate the agreements between large and small tickets ending in zero or double-zero is passenger’s True O&D. The standard Carriers were non-existent when the not an appropriate sample design. It is approximation is known as a One-way current O&D Survey was designed. not certain that those tickets will be Trip. The principal determination of Today, Carriers of all sizes are randomly distributed across all Ticketed One-way Trip is based on the time spent connected to a global air transportation Itineraries. A survey must be based on on the ground between sequential system through global alliances and a random sample of the population if Flight-Coupon Stages. A short time international ticket agreements. This the results of the survey are to be between sequential Flight-Coupon intertwining of service adds complexity generalized to the entire population. Stages implies a connection in a and increases the potential for error Unfortunately, there are indications that continuing One-way Trip. A long time when reporting Ticketed Itineraries. the sample used in the existing O&D on the ground between sequential For example, the IG pointed out that Survey is not entirely random, although Flight-Coupon Stages implies an end of a Participating Carrier is exempt from it is not always clear how this non- the prior One-way Trip and a beginning proper reporting of the code-share randomness occurs. of the next One-way Trip. Flight relationship if it has no knowledge of When the O&D Survey was Number and Fare Basis Code are that relationship. In a code-share established, ticket numbers were sometimes used, in addition to time on situation, the Carrier that transports the preprinted sequentially on paper ticket the ground, to calculate a One-way Trip. passenger (Operating Air Carrier) is not stock. As each customer appeared, each The One-way Trip is usually completed the Carrier printed on the itinerary had an equal chance of receiving a ticket in a single day, although the definition (Marketing Carrier). The Carrier that number ending in zero. Since ticket of One-way Trip encompasses the issues the ticket is responsible for numbers are now assigned by a possibility that travel continues knowing when this is occurring and computer program, the possibility that overnight and into the following day(s). notifying the passenger of the code- ticket numbers are assigned for reasons However, the information Carriers share situation. However, when the other than randomness arises. For currently supply in the Department’s Participating Carrier is not the Issuing example, a tour operator might use its O&D Survey is devoid of flight number, Carrier, the Participating Carrier cannot block of ticket numbers to issue all the travel date, departure time and arrival always report the code-share portions of ticket numbers that end in the same time, so the data collected by the the Ticketed Itinerary properly. digit to members of a particular tour, Department has left it without the Code-sharing with regional Carrier resulting in all those tickets being ability to use time spent on the ground partners has created a situation wherein selected for the sample or excluded to establish a One-way Trip. As a result, customers can begin travel on a regional from the sample depending on which since the beginning of the O&D Survey, Carrier that does not report the O&D tour was assigned ticket numbers the Department has used continuous Survey because of size exemptions. In ending in zero. One Carrier has direction of travel as its approximation analyzed its ticket numbers and found of True O&D. This methodology is 2 Office of Inspector General Audit Report that 11 percent end in zero, which known as Directional Passenger Number AV–1998–086 Feb. 24, 1998 p. iii. would not occur if the numbers were construction. In a regulated airline

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environment, determining passenger Francisco trip sandwiched between measure of passenger demand for air trips by measure of least circuity was an them. In this situation, the Directional travel in the U.S. The OIG issues reports adequate measure of passenger travel. In Passenger construction views Las Vegas on airline metrics 3 that use the number that environment, passengers had no as a connecting city and does not of air travelers enplaned as the measure incentive to travel in any direction other recognize the passenger’s true intention of air traffic demand. While the number than toward their destination as to visit Las Vegas. Itineraries like of enplanements can be an accurate efficiently as possible. However, Albuquerque to Denver to Las Vegas measure of passenger demand at following the extensive development of have increased as a result of the individual airports, it has unfortunate hub-and-spoke systems following development of extensive hub-and- implications when used as a measure of deregulation, passengers are often spoke operations by incumbent carriers. nationwide air traffic demand. When motivated by price or incentivized by Clearly, approximating True O&D using Carriers discontinue non-stop service Carrier loyalty programs that reward the Directional Passenger method is less between two airports, leaving taking circuitous connecting flights even accurate in the current environment connecting service as the sole option of when a non-stop flight is offered. than it was when it was instituted. passengers traveling between these The Department’s Directional The Department cannot approximate airports, the number of enplanements Passenger concept considers a passenger True O&D consistently across all doubles since passengers must now to be on a continuous trip so long as the itineraries using the O&D Survey as it is enplane a second aircraft. When passenger continues in the same currently collected. Furthermore, the enplanements are used as the sole direction regardless of the number of Department cannot determine measure of nationwide air travel days the journey takes, subject to certain Directional Passengers on a consistent demand, discontinuing direct service circuity rules that allow some basis because travel that is part of a has the perverse effect of making it backtracking. For example, the stand alone Directional Passenger trip is appear as if air travel demand is Department’s circuity based rules treated differently than if that travel is increasing. Thus the reduction in the consider an itinerary of Albuquerque to part of a round trip, and round trips are true number of persons traveling after Denver to Reno to be a single treated differently depending on the September 11, 2001 likely would be Directional Passenger trip. However, an airport in which a passenger might underestimated when using itinerary of Albuquerque to Denver to choose to change planes. enplanements as a measure of demand, Las Vegas will never be considered as a In authorizing Passenger Facility because the airlines’ reduction in the single directional trip because the Charges (PFCs), the Congress recognized number of non-stop flights caused the location of Las Vegas airport in relation the concept of One-way Trip in civil travelers to enplane more times to reach to Albuquerque causes the circuity aviation law. No PFC on any passenger their destination. The Department check to break the trip into two may be imposed for more than two believes that some of the perceived lack directional passenger trips. Because the boardings on a One-way Trip (14 CFR of accuracy in the O&D Survey is a Department does not collect flight date 158.9(a)(1)). The concept of One-way result of measuring passenger traffic in or flight time, the O&D Survey always Trip was further ensconced in Federal terms of the Directional Passenger in an identifies Albuquerque to Denver to law on November 19, 2001, when era when airlines are providing Reno as a single Directional Passenger Congress established the September incentives for passengers to use trip, regardless of the number of days 11th Security Fee. Section 44940(b) and circuitous connecting services. the passenger stays in Denver. On the (c) of ATSA provides that the fee may other hand, regardless of the short not exceed $2.50 per enplanement or d. Fares, Taxes, and Fees number of hours spent in Denver, the $5.00 per One-way Trip. Congress did Taxation of scheduled passenger O&D Survey always identifies not specify the definition of One-way aviation today is a combination of Albuquerque to Denver to Las Vegas as Trip, but it is commonly understood percentage of fare, ticket tax, itinerary- one Albuquerque to Denver Directional that it was to be a journey from the specific taxes such as international Passenger trip and counts the Denver to passenger’s point of view, concomitant departure tax, and enplanement fees Las Vegas stage as a separate Directional with common practice. such as September 11th Security Fees, Passenger trip. The Carriers assess PFCs and subject to limitations on the number of Itinerary construction and circuity September 11th Security Fees using charges and fees that can be assessed on rules together determine Directional time in hub as the principal determinant a One-way Trip. Because the O&D Passengers. When an Albuquerque-Las of a One-way Trip. The Department Survey commingles taxes and fees with Vegas passenger purchases a round trip believes that the Carrier’s method of the fare amount, exact measurement of ticket traveling through Denver on both determination for the One-way Trips is the portion of the ticket price that the outbound and the return trip, then an acceptable methodology. However, represents tax has been an educated the directional passenger rules will because the Department uses directional guess even when taxes were based on a recognize the pattern, and determine travel as the determinant of its percentage of the fare. that the outbound journey should be passenger counts, it cannot effectively e. Passengers Versus Passenger Trips considered a single Albuquerque-Las monitor the enforcement of these Vegas trip and the return trip to be a Federal laws. Since the Department’s It is generally believed that all the single Las Vegas-Albuquerque trip. Directional Passenger methodology for passenger counts reported in a quarter However, when an Albuquerque-Las determining passenger counts does not represent passengers scheduled to fly in Vegas passenger purchases a round trip match the One-way Trip methodology that quarter. Rather, the current O&D ticket with the outbound journey for determining passenger counts being Survey bundles all the travel on a changing planes in Denver and a return used by the Air Carriers to assess the Ticketed Itinerary in a single quarter. trip changing planes in San Francisco, fees, the Department’s counts can, at The complete itinerary is reported as if then the directional passenger rules will best, predict only the approximate value interpret the outbound journey to be an of the fees due to government agencies. 3 For example, Airline Industry Metrics, Trends on Demand and Capacity, Aviation System Albuquerque-Denver trip, the return trip The Department’s inability to measure Performance, Airline Finances, and Service to will be a San Francisco-Albuquerque One-way Trips consistent with industry Small Airports Number: CC–2004–006 (http:// trip with a separate Denver-San standards leaves it without an adequate www.oig.dot.gov/show_pdf.php?id=1237).

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it took place entirely within the quarter amount that was likely paid as fare from and other conditions that would tend to in which travel commences. Therefore, the amount that was likely paid as tax. allow at least one air carrier * * * a misunderstanding often exists Because the decision rules are specific unreasonably to increase prices, reduce between passengers reported and to third-party providers, different services, or exclude competition in air passenger trips. For example, all interpretations of the same original data transportation’’; passengers who travel to a destination exist. • (12A) ‘‘Encouraging, developing, in December and return in January have and maintaining an air transportation D. O&D Survey Data Usage all their travel reported in the December system relying on actual and potential quarter; none of the passengers’ A diverse group of stakeholders competition to provide efficiency, journeys are reported in the first quarter including the Executive Branch and innovation, and low prices’’; of the next year. Congress use traffic data to help them in • (13) ‘‘Encouraging entry into air making decisions that affect the national transportation markets by new and f. Reporting Consistency air transportation system and the U.S. existing air carriers and the continued Different Carriers report data elements economy. Most responses to the strengthening of small air carriers to in different ways. For example, some ANPRM, including airports, labor ensure a more effective and competitive Carriers with single-service cabins unions, equipment manufacturers and airline industry’’; and report all service as first-class, while industry consultants, identified the • (16) ‘‘Ensuring that consumers in all others with single service cabins report Department’s aviation data as their most regions of the United States, including all service as coach. Additional important source of data. These those in small communities and rural reliability problems occur because the stakeholders depend upon the and remote areas, have access to Issuing Carrier sometimes provides the Department to provide accurate, timely, affordable, regularly scheduled air Participating Carrier with the and comprehensive aviation data. service’’; information saved when the Ticketed • As a base of information to assess, 1. The Department Itinerary was issued, and sometimes it maintain, and preserve competition in does not. When the Issuing Carrier does Air transportation is a significant the airline industry and in specific not provide information to the sector of the nation’s economy. Despite aviation markets, under various federal Participating Carrier, the Participating wars and economic downturns, the laws and programs, such as: Carrier can only know what is printed nation continues to experience long- • To investigate allegations of unfair on the lifted flight coupon and may find term increases in demand for air travel. and deceptive practices and unfair it difficult to report an itinerary Through its efforts to measure economic methods of competition, under 49 correctly. Lack of correct knowledge is activity, the Department affirms its role U.S.C. 41712; explicitly excused in the CFR. in fostering opportunities for • To review proposed mergers and When the Participating Carrier transportation providers to create and acquisitions to assess their competitive attempts to decipher the city codes for maintain the best transportation system effect; the complete itinerary using the pricing in the world and to enhance the quality • To review code-share and area of the ticket, inaccuracies can of life of the American people, today marketing agreements between domestic result. The designated city codes—not and into the future. The Department major Air Carriers, under 49 U.S.C. the airport codes—are present in the uses aviation data to carry out its 41720; and pricing section of the ticket. When the mandates, among them (1) improving • To review applications for antitrust Carrier serves multiple airports in a international air services by seeking immunity between U.S. and Foreign Air metropolitan area, such as Dulles and market liberalization, (2) ensuring the Carriers, under 49 U.S.C. 41308; Reagan National Airports in benefits of a deregulated, competitive • To administer the Essential Air Washington, the pricing area displays domestic airline industry, and (3) Services program assessing the air WAS instead of the airport code. The developing policies to improve air service needs of small communities (49 segment’s actual airport in that service and/or access to the commercial U.S.C. 41743); circumstance is unknown to the aviation system for small and rural • To administer the Small Participating Carrier. This is also the communities. Community Air Service Development case with bulk tickets. Participating In particular, the Department uses Program; Carriers that are also Issuing Carriers O&D Survey information and the T–100/ • To administer funds under the can report the ticket price accurately, T–100(f): Aviation Investment and Reform Act for while Participating Carriers that did not • To exercise the Department’s the 21st Century; issue the ticket, and did not receive a responsibilities for economic oversight • To administer the Air TCN, cannot report the actual amount of the airline industry as mandated Transportation Safety and System paid. If the ticket value is not printed on under 49 U.S.C. 40101, including, but Stabilization Act; the paper document, the Participating not limited to: • To monitor the trends and Carrier cannot know how to report it • (7A) ‘‘Developing and maintaining a developments in the operating and correctly. sound regulatory system that is competitive structures to ensure that The majority of users of the responsive to the needs of the public Department policies remain consistent government’s O&D Survey data and in which decisions are reached with commercial developments; purchase the data from third-party promptly to make it easier to adapt the • To determine an Air Carrier’s initial providers, which use internal decision air transportation system to the present fitness to provide air transportation and rules to interpret the data. These and future needs of the commerce of the review an Air Carrier’s continuing independent companies obtain the data United States’’; fitness to provide air transportation (49 from the Department and reprocess it for • (9) ‘‘Preventing unfair, deceptive, U.S.C. 41102); sale. These companies make predatory, or anticompetitive practices • To evaluate certificate transfer assumptions about the distortions that in air transportation’’; applications (49 U.S.C. 41105); are inherent therein. For example, the • (10) ‘‘Avoiding unreasonable • To grant or deny permits for third party providers perform extensive industry concentration, excessive Foreign Air Carriers to provide analysis on the data to separate the market domination, monopoly powers, transportation as a Foreign Air Carrier to

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the U.S. by determining whether the control more than 50 percent of 2. Other Government Agencies public interest is being served in passenger boardings must submit a a. The Department of Justice granting the permit (49 U.S.C. 41302) written competition plan to receive and to approve the transfer of such approval to impose a Passenger Facility The Department of Justice (DOJ) uses permit to another Foreign Air Carrier by Charge (PFC) or to receive a grant under aviation statistics to assist in the determining whether the public interest the AIP. All aspects of qualifying, prevention of anti-competitive conduct is served (49 U.S.C. 41303); and planning, allocating, and monitoring of that is subject to criminal and civil • To assemble information and AIP funds rely on the integrity of the action under the Sherman and Clayton prepare reports required and requested data that the Department collects. Acts. The Department’s aviation by the President and the Congress. The FAA uses O&D data for statistics have been one of the Justice The O&D Survey and T–100/T–100(f), forecasting long-term growth in air Department’s most important tools used as currently collected, particularly travel demand and for determining to enforce various criminal statutes impact the Department’s evaluation of corresponding needs for airport related to Sherman Act violations. DOJ Air Carrier service to smaller development and airspace system also uses them to review mergers and communities. The Essential Air Services improvements. FAA also uses O&D data acquisitions. program (EAS) and the Small for conducting cost-benefit analyses of b. The Department of Homeland Community Air Service Development proposed safety rulemakings, Security Program are directed towards smaller infrastructure investments, and air markets and require evaluation of traffic control improvements. The Department of Homeland service and fares. For example, under Within the Department, BTS has Security (DHS) uses the Department’s EAS, the Department determines the specific statutory responsibilities (49 aviation data to help predict revenues minimum level of service required at U.S.C. 111(c)) to measure traffic flows, from the collection of September 11th each eligible community by specifying a travel times, travel costs, and variables Security Fees. Because the Department’s hub through which the community is influencing traveling behavior and to system bases its determination of linked to the national network, and collect data relating to the performance passenger trips on least circuity, and the specifying a minimum service level in of transportation systems. BTS is passengers are paying these fees on the terms of flights and available seats. specifically required to collect data that basis of the industry standard One-way Where necessary, the Department pays a are suitable for conducting cost-benefit Trip, the Department’s data provide subsidy to an Air Carrier to ensure that analyses. poor predictions of these revenues. The the specified level of service is BTS uses O&D data, together with current O&D Survey concept of provided. Similarly, research activities other sources of passenger travel data Directional Passenger, which does not such as The Rural Air Fare Study,4 (such as its National Household Travel consistently predict the number of which was conducted pursuant to Survey), to analyze passenger travel by passengers arriving at the airport to Section 1213 of the Federal Aviation all modes of transportation. Since change planes, which hampers DHS’ Administration Reauthorization Act of passengers periodically shift the modes airport security manpower forecast. The 1996, require data on all passenger air of transportation that they use (as they ability to discern the difference between travel, including many smaller markets did after the terrorist attacks of connecting passengers at a given airport served exclusively by airlines operating September 11, 2001), passenger travel versus passengers beginning their only aircraft having fewer than 60 seats. patterns by air are of great importance journey at that airport is critical to The Federal Aviation not only to airlines and airports, but effectively managing security staffing Administration’s (FAA) mandates also to transportation planners in other and other resources at the airport. In include (1) regulating civil aviation to modes as well, such as highways and addition, the O&D Survey cannot promote safety, (2) encouraging and rail. BTS uses the O&D data to better currently provide the critical time-of- developing civil aeronautics, including understand what factors influence day and day-of-week passenger volume new aviation technology, (3) developing passengers’ choices about which mode data required by DHS to plan and and operating a system of air traffic of transportation to use, so that forecast the manpower requirements of control and navigation for both civil and transportation planners can plan airport screeners. military aircraft, (4) researching and appropriately. Furthermore, the Air Transportation developing the National Airspace The O&D data are used to measure the Safety and System Stabilization Act System and civil aeronautics, (5) prices that passengers pay for air travel. (Pub. L. 107–42) assigns the developing and carrying out programs to These travel cost data are the basis of responsibility to remit the September control aircraft noise and other the Air Travel Price Index (ATPI), the 11th Security Fees for all travel environmental effects of civil aviation, price index developed for measuring described on the Air Travel Ticket to the and (6) regulating U.S. commercial airline prices. Carrier that issues the ticket. Since the space transportation. Finally, the Department’s Research Department’s O&D Survey information The FAA also administers the Airport and Special Programs Administration does not identify the Carrier that issued Improvement Program (AIP) (authorized (RSPA) administers the Civil Reserve the ticket, the Department’s data by 49 U.S.C. Chapter 471), which has Air Fleet (CRAF) program, which provide insufficient information for the broad objective of assisting in the provides civilian aircraft to the Federal DHS to monitor the Carriers responsible development of a nationwide system of government for use in war or other for remitting the fees. Since the Federal public-use airports adequate to meet the emergency situations. RSPA uses the T– government does not collect statistics currently projected growth of civil 100 to determine which Carriers can about Carriers issuing tickets, the DHS aviation. It also provides funding for make what aircraft available, while uses the tickets reported in the O&D airport planning and development minimizing the adverse effect that these Survey as the best available substitute. commitments make to the airlines’ projects. In addition, medium and large c. The Department of Commerce airports where one or two Carriers normal civilian operations. Estimating these adverse effects requires data on The Department of Commerce’s (DOC) 4 Summary may be found at http:// the revenue that would be affected by ability to carry out its mandate to ostpxweb.dot.gov/aviation/rural/scexec.pdf). the cancellation of any particular flight. promote tourism is hindered by the

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Department’s inability to know with travelers to the Foreign Air Carriers on information, is the only source of certainty the beginning and ending of all routes. Because of the reporting information for airports to study price One-way Trips. Significant numbers of exemptions granted to Foreign Air elasticity. In addition, the O&D Survey tourists travel by scheduled air Carriers flying to the U.S., some U.S. is the airports’ primary source of data transportation, and the Department’s citizens traveling to foreign destinations for evaluating new routes. The proposed data collection policies leave DOC using on Foreign Air Carriers are counted in O&D Survey would provide information only guesses about origins and the O&D Survey and some U.S. citizens about passengers originating at an destinations based on the Department’s are not. Lack of consistent Foreign Air airport and passengers transiting directional passenger counts. Carrier statistics hinders BLS’ ability to through an airport, an important The DOC’s Bureau of Economic keep its published statistics accurate distinction when planning for services Analysis is also responsible for and effective. that the passengers demand. Route producing the official U.S. Government evaluations are used to encourage new estimate of the Gross Domestic Product e. The Department of State service from Carriers, and thereby (GDP), and to adjust these estimates for The Department of State (DOS) uses improve their service to the consumer. inflation using the GDP Deflator. The the Department’s aviation data to Smaller airports have a particular GDP Deflator is a price index, similar to provide the information base for policy need for information about the the Bureau of Labor Statistics’ decisions in international aviation destinations of passengers. Airports that Consumer Price Index (CPI) that covers negotiations. do not have passenger volumes high a broad range of prices, including prices enough to substantiate service to not paid directly by consumers. The f. The Government Accountability multiple cities need to establish service accuracy of the GDP Deflator would Office to cities in the region where the benefit from more accurate price data The U.S. Government Accountability passengers using that airport want to go. and more timely data. The reporting Office (GAO) uses O&D data to conduct When the airport can establish service process proposed in this rulemaking special studies of the airline industry at only to a large city in one direction and would allow DOT to provide data that the request of Congress. The quality of most of the potential travelers in the are more accurate to DOC. By the time the analysis that GAO provides to area tend to travel in another direction, the current quarterly O&D Survey data Congress would be substantially then the small airport that might have become available, it is no longer current, improved by the additional and higher been viable on its own merits if it had and, therefore, cannot be used in the quality data collected under the service to the city in the appropriate GDP Deflator. proposed rule. direction may find that it must rely on the Federal government’s small airport d. The Bureau of Labor Statistics 3. Other Stakeholders subsidy to remain viable. The O&D The Bureau of Labor Statistics (BLS) Other stakeholders, such as public Survey is the primary source of has a critical need for passenger O&D and private sector individuals, destination information available to pricing information on a monthly basis, organizations, and agencies, rely on small airports. available promptly, so that it can aviation data. Airports and state aeronautical achieve a more accurate index of air agencies use the data to understand a. Existing and Potential Carriers travel prices for incorporation into the their customers and the airport’s role in monthly CPI. The proposed rule would Carriers use the Department’s data for its regional transportation market. provide these more accurate price data traffic forecasting and evaluation of new Airports must ensure that Air Carriers on a timely monthly basis. BLS’ ability routes. Evaluation of new market have reasonable access to essential to evaluate the cost of air travel and opportunities by Carriers is dependent airport facilities, so statistical incorporate those evaluations into the on the O&D Survey. Even with their forecasting of passengers is essential. consumer price index and the producer access to many internal sources of data, Airport local and regional planning price index is compromised by the Air Carriers still report that they depend functions use, in part, Department O&D Department’s current statistical on the O&D Survey data. Almost all Survey and T–100/T–100(f) data to plan techniques. Furthermore, the policy of Carriers rely on the Department’s data as buildings and runways that are vital to reporting all travel in the quarter when the fundamental, and least expensive, expanding the nation’s air travel commences compromises the source of industry demand data. For transportation system into the future. attempt to allocate the cost of air travel new Carriers, as well as smaller and low Smaller airports, served primarily by to the proper travel month. The cost Air Carriers for which MIDT data Carriers that are exempt from current Producer Price Index (PPI) is supposed is prohibitively expensive, the O&D O&D Survey reporting requirements, are to be calculated net of taxes, but the Survey is the only viable source of particularly hampered by the lack of Department’s statistical data does not traffic data. Third-party providers have relevant aviation data. collect information to enable BLS to developed new tools that enable smaller c. Consumers and the General Public separate fares and taxes. Because BLS Carriers to participate in sophisticated computes separate price indexes for route and strategic planning at a much Consumers benefit from the purchases by consumers (the CPI) and lower cost. The success of such availability and analyses of accurate and purchases by producers (the PPI), it is planning exercises is dependent, in part, complete aviation data. In the past, the important for BLS to be able to separate upon the quantity and quality of data Department received numerous the purpose for which an airline trip is available to the Carriers. In addition, inquiries from the public regarding taken—whether business or leisure. The evaluation of traffic and routes is an domestic airline fares. In response, the existing O&D data do not provide such essential component of aircraft Department began issuing a quarterly information. The proposed rule would acquisition planning. report called The Domestic Airline collect information that would enable Fares Consumer Report based on the better analysis of the purpose of travel. b. Airports Department’s traffic data. It provides BLS would like to adjust its monthly Department traffic data provide the information about average prices being international price program for Exports basis for analysis by the nation’s paid by consumers in the top 1,000 by the amount paid by U.S. resident airports. The O&D Survey, with its fare domestic city pair markets in the

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continental U.S. Similarly, Carriers have strategic decisions has made Department could not fully assess the a vested interest in True O&D to sophisticated Carrier analysis return of passengers to the nation’s air effectively conduct route and other commonplace at even the smallest of transportation system and the extent to strategic planning. If Carriers are better Carriers. These software models, used which the recovery was progressing able to accurately plan their services, by Carriers, consulting firms, and differently in various regions of the consumers will be better served. government agencies, require more country. Second, without any In addition, manufacturers, industry detailed, timely, and comprehensive information about the sale of the associations, consultants, academics, passenger demand data to optimize Ticketed Itineraries, it was impossible to researchers, financial analysts, analyses of a dynamic industry and plan differentiate between the post investors, and the general public use the for its future. The Department’s September 11th passengers who Department’s aviation data as the responsibility to identify and evaluate purchased non-refundable tickets prior statistical base for a variety of studies on emerging trends in commercial aviation to September 11th and those travelers topics related to aviation. is constrained by traffic statistics that that purchased their Ticketed Itineraries are only collected by month and by d. Labor Unions after September 11th and thereby gauge quarter and that are insufficiently the level of passenger confidence. Third, Labor unions consider the comprehensive and detailed. The quarterly data submissions resulted in a Department’s data as a vital component continuation of collecting insufficient, significant delay in the Department’s of their negotiation strategies. Accurate quarterly data to measure the analysis of the impact of September and timely data are also crucial during transportation industry will severely 11th. The third quarter of 2001 O&D times of economic downturn, hamper the ability of Federal, state, and Survey data showed the 20 days most particularly when Air Carriers request local governments to provide the directly impacted by the events of concessions from their unions. infrastructure to allow the airline September 11th mixed with the 71 days e. Equipment Manufacturers industry to contribute to economic prior. The next data available in the growth. Decisions on aviation O&D Survey could not be released until Because demand and traffic patterns infrastructure worth billions of dollars the end of the following quarter. Fourth, reflect utilization of aircraft, demand increasingly require more sophisticated in implementing the provisions of the and traffic data in the O&D Survey analysis for which more accurate, Air Transportation Safety and System provide fundamental information on air timely, and comprehensive data are Stabilization Act (Public Law 107–42), transport markets that are vital in critical. Congress and the Department planning future products. Consequently, The nation is becoming more exclusively relied on T–100 in aircraft manufacturers are a prime user dependent on fast, efficient air travel. providing assistance to Air Carriers and of the Department’s traffic statistics. The nation’s economy functions with other industry participants. Even though E. Limitations of the O&D Survey and the understanding that any person or the O&D Survey information is more T–100/T–100(f) any shipment of goods can be delivered useful in measuring some aspects of the across the nation within hours. nation’s aviation economy, data The deficiencies of the O&D Survey Adequate quantitative data about the and the T–100/T–100(f) have been collected only quarterly made it movement of passengers will help the unusable for purposes of fulfilling the known for some time. While changes Department prepare for the future needs were made to the T–100 and T–100(f) on Air Transportation Safety and System of the transportation system. Stabilization Act or for adequately July 30, 2002, the O&D Survey has not Prior to September 11, 2001, delays monitoring the recovery of the industry been substantially updated to reflect associated with the capacity constraints following the terrorist attacks. changes in the industry. It has become of the air transportation system were apparent that the cost of inadequate undermining the efficiency of the Although the events of September 11, passenger and traffic information is system. These capacity constraints are 2001 were unprecedented, the need for significant for both the government and now beginning to reemerge as demand more detailed, and more time-specific private sector aviation communities recovers. Furthermore, the events of traffic data to monitor the impact of who rely on this data to fulfill their September 11, 2001, and the subsequent significant events on the industry and responsibilities and grow their effects of those events on the aviation its recovery from them is not unique to businesses. Furthermore, recent changes industry, further support the need for that situation. Since the terrorist attacks, in information technology and Carrier additional data modernization. Not only the industry has experienced the SARS reservation and accounting systems was the collection of data elements outbreak, the Iraq war, and various have significantly reduced the cost of inadequate to measure important elevated code orange alerts. In order to revising the Department’s data aspects of the aviation industry, vital monitor the impact of these collection requirements such that the information was not available in a extraordinary events on the industry, benefits to all stakeholders of updating timely fashion to interpret the short and the Department had to issue requests for the system to provide more timely, medium term impacts of these events. It supplemental data from the Carriers. accurate, and useful data far exceed the was also impossible to observe the Not only do these supplemental costs. recovery of the air transportation system requests burden the industry with The current aviation era is in those crucial days after the system additional reporting requirements, they characterized by rapid change. Carrier was restored. also highlight the fundamental need for pricing can change multiple times a day. More specifically, the data was the Department to routinely collect Carrier strategies sometimes change inadequate for the following reasons: more detailed, time-specific data to from month to month and require first, neither T–100/T–100(f) data fulfill its statutory obligations to increasingly sophisticated analysis to (reported monthly) nor O&D Survey monitor the health of the airline support and evaluate business decisions data (reported quarterly for ten percent, industry and respond to requests from and cases. The growth in the number of or less, of completed tickets) revealed Congress and other government agencies third-party providers of airline daily changes in traffic and fares about the impact of such events on an analytical software to evaluate the following 9/11. Without the ability to industry that is vital to the U.S. viability of new routes and other assess daily traffic levels, the economy. The current data collection

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systems are inadequate for providing caused a profound adjustment of fares particular day of the week or at any timely answers to any question with in small, medium and large markets in particular time. Since infrastructure and more precision than a month for the T– the Eastern half of the U.S. However, air traffic control investments are most 100/T–100(f) and more precision than a because Independence Air did not likely to produce benefits at times when quarter for the O&D Survey. Reliance on operate aircraft with more than 59 seats, the airspace system is congested, it is data that is only available quarterly for it did not have to report O&D Survey important to be able to measure how purposes of measuring the dynamics of data, thereby resulting in an incomplete many people are flying at these times to airline prices is a critical shortcoming of picture of the effects of this Air Carrier’s measure of the number of people the O&D Survey. The ATPI, for example, start of operations. When a major affected by proposed infrastructure and is severely handicapped by the limits of realignment of fares can result from the air traffic control improvements. quarterly data. Flight date is an actions of an Air Carrier that qualifies BTS’ current On-Time Data Base important element of the value of a for the small aircraft size exemption, allows analysis of the particular flights flight and therefore an important factor then the small aircraft size exemption that are affected by delays, but does not in the computation of the ATPI. must be reevaluated. have the ability to know the number of The Transportation Security The FAA acknowledged these and passengers affected by delays. Since the Administration (TSA) requires other issues at its 2001 Commercial number of passengers affected is likely information about passenger travel by Aviation Forecast Conference.5 Accurate to be greatest when congestion and time-of-day and by day-of-week to plan and detailed data on the flow of delays are highest, current data are airport security screener staffing passengers through the air likely to understate the impact of delays requirements. The current T–100/T– transportation system is critical to on the traveling public. Information 100(f) averages data across a month and addressing congestion and developing about the number of people traveling by the O&D Survey averages data across an ways to make the system more efficient. time-of-day is vital to understanding the entire calendar quarter, so that The FAA requires data on the number dynamics of the air transportation variability over time within the calendar of passengers flying at specific times of system. quarter cannot be measured. Variability day and specific days of the week, The 10 percent sample is inadequate over time and dates can only be allowing it to calculate more accurately for fulfilling the Department’s mandates measured if the Department begins the costs and benefits of safety and hampers the data quality of the collecting data about time and date of regulations, infrastructure investments, O&D Survey. These data quality issues travel. The volume of passenger traffic operational changes, and other FAA have a strong effect on programs that varies by time-of-day and day-of-week actions. include measurements of air service to and lack of information about passenger Lack of information about catchment small communities. The EAS program is volumes can result in passenger delays areas impacts the Department’s ability particularly impacted. Other programs due to too few screeners or in a useless to assess the effects of competitive affected include BTS’ quarterly research expenditure of Federal dollars due to services and alternative airports. A series (ATPI), an experimental measure overstaffing at certain times. number of government agencies are currently under development. The ATPI TSA requires some method of charged with monitoring the airline uses O&D Survey data and is dependent forecasting the collection of revenue industry and providing sufficient upon accurate data for all markets. from the Air Carriers. The September infrastructure to accommodate its The Department’s inability to measure 11th Security fee is remitted by the growth. The use of secondary airports True O&D according to the industry ticket’s Issuing Carrier, but Issuing increasingly shapes the operating and standards using One-way Trips hinders Carrier is not one of the data elements competitive structures of the airline its ability to accurately measure collected in either the O&D Survey or industry. These agencies increasingly nationwide air travel demand. the T–100/T–100(f), making it difficult require information that allows them to Nationwide measures of air travel for TSA to forecast or monitor the identify and analyze changes in the demand, airport improvements financed proper remittance of tax dollars. catchment areas of various airports, by PFC revenue, and improved airport Neither the O&D Survey nor the T– thereby understanding how such security financed by the September 11th 100/T–100(f) provide any information changes impact industry structure and Security fees all depend on the about the sale of new tickets (e.g., airport and airway infrastructure Department’s ability to identify One- changes in passenger booking planning and development. For the way Trips. However, the Department’s windows), a key measure of traveler same reasons, such information would T–100/T–100(f) statistics count confidence in the air transportation also be enormously useful to other users enplanements, while the O&D Survey system. Such information is critical to of the data, including airports, airlines, statistics count Directional Passengers. evaluating the likely financial impact of and aviation consulting firms. Consequently, the government is exogenous events, such as September BTS is specifically directed to gather without any method of properly 11th or SARS, on Carriers. In addition, data that are relevant to cost-benefit forecasting tax revenue and without these data limitations preclude the analysis. One requirement of cost- means to monitor the effects of tax Department from precisely evaluating benefit analysis is estimating the policy. the impacts of even endogenous number of people that are affected by a F. Need for Regulatory Action industry events such as potential strikes particular proposed regulation or The Department is obligated to collect or Carrier shutdowns. infrastructure improvement or and disseminate information about civil The problem resulting from the technology investment. A major aeronautics including, at a minimum, reporting exemption given to Air weakness of the existing O&D Survey is information on (1) the origin and Carriers so long as they do not operate that it does not provide flight-specific destination of passengers in interstate aircraft with more than 59 seats is data, so it is not possible to estimate air transportation, and (2) the number of illustrated by the emergence of Air how many people are flying on any Carriers flying substantial fleets of passengers traveling by air between any regional jets. For example, the 5 Information may be obtained from http:// two points in interstate air commencement of operations by apo.faa.gov/2001ConferenceProc/proc2001/ transportation (49 U.S.C. 329 (b)). In Independence Air in June of 2004 procdoc.htm. addition, the Department allocates

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airport improvement funds, provides the data strengthen American proposed in this NPRM are necessary to essential air service subsidies and companies by allowing companies to implement Congress’ intent for the law. allocates funds to the air traffic control negotiate with airlines on fares. The Because the Executive Branch and system. The requirement that the traffic data benefits consumers by Congress utilize this data to form and Department judge the need for, and providing new entrant Air Carriers with implement public policies to foster a consequences of, a regulation based on the ability to demonstrate the strength of safe, healthy, efficient, and competitive accurate statistical information their business plan to investors. air transportation system that presupposes that sound economic The O&D Survey, however, was contributes to aviation safety, national information exists. singled out most often in responses to security, and the U.S. economy, agency The Department has a unique role in the ANPRM as the data source most in investment in aviation information is collecting transportation industry need of improvement. The abundance of critical. The private markets and other information. The need for a statutory complaints about the deficiencies that government and quasi-governmental mandate to collect traffic statistics is exist in the O&D Survey has caused the agencies agree that this information is underscored by the extensive public and the aviation industry to be also critical for their needs, but private differences between the various airline cautious about any conclusions that can markets are unable to provide adequate business models and the level of be drawn from this data, yet a wide statistical information to address this technical sophistication that make the range of stakeholders use it because it is need. The unreliability of the data task of gathering comprehensive the only available source of economic undermines the Department’s ability to industry-wide data on air transportation information that describes key aspects perform its statutory mandate to a very formidable task for private of scheduled air passenger disseminate information that enables industry or an industry trade group to transportation. Data inaccuracies have the transportation system to adapt to the undertake. The only other government doubtlessly led to sub-optimal decisions present and future needs of commerce entities in a position to gather traffic by stakeholders that are as impossible to and to ensure that public policy remains statistics are the nation’s airports. quantify as they are essential to correct. consistent with changing commercial Airports are operated by a variety of We therefore conclude that the changes reality. State, Municipal, County and Regional proposed in this NPRM are made G. Development of the Record in This authorities. Collectively, they do not necessary by compelling need to Rulemaking have the resources to process statistics improve the safety and economic well on all of the passengers flowing through being of the American people. The Department received 48 them on a daily basis, and it would be Furthermore, OMB has published comments in Docket OST–1998–4043 in cost prohibitive for each of the major guidelines for ensuring that Federal response to its ANPRM (July 15, 1998, airports to develop parallel statistical agencies establish practices for ensuring 63 FR 28128) from Air Carriers, Foreign systems. It would be a burden on the Air and maximizing the quality, objectivity, Air Carriers, airports, industry Carriers to require reporting to more utility and integrity of information consultants, trade associations, and than four hundred airports, and a disseminated by Federal agencies. unions. Typical of the responses was burden on the airports to reassemble the Disseminated information must be that of American Airlines, which, as data into a nationwide view of accurate, clear, complete, and presented both a supplier and a user of data, passenger air travel. Although third- in an unbiased manner. Where expressed full support of the party providers offer ‘‘enhanced’’ appropriate, data should have full, Department’s effort to simplify the data aviation data, the original sources of accurate, transparent documentation submissions and ensure the accuracy third-party provider data remain the T– and error sources affecting data quality and integrity of the data disseminated to 100/T–100(f) and O&D Survey. The should be identified and disclosed to the public. The Regional Airline underlying need for traffic information users. The IG has declared that the Association pointed out that it had long cannot be satisfied anywhere else Department’s O&D Survey does not advocated modernizing the data. Delta because there are no other sources of meet the Department’s standard of Air Lines supported the initiative so comprehensive traffic data available in acceptability of 95 percent accuracy. long as it did not require the incursion the aviation industry. We therefore Since the O&D Survey and T–100/T– of unreasonable computer programming conclude that the changes proposed in 100(f) remain the key measure of the costs. The Air Line Pilots Association this NPRM are required to provide economics of the passenger air travel and the Association of Flight Attendants accurate statistical information. industry, the Department is under favored any change that would improve Respondents to the Department’s obligation to provide the most accurate data quality and integrity over the ANPRM overwhelmingly agreed that the statistical information that it can current data. O&D Survey and T–100/T–100(f) reasonably provide. The 1998 OIG Comments received about the O&D segment data are essential. Most named report, the 1998 ANPRM, and Survey under the ANPRM indicate that the T–100/T–100(f) and the O&D Survey subsequent outreach activities support there is significant concern about the as the basis for all analytical work done the necessity of aviation data data. Even while emphasizing the in their organizations. Those that have modernization. The IG found that to importance of having access to the access to other sources of data reported compensate for the unreliable O&D data, Department’s traffic data statistics, the that they generally crosschecked those Department aviation analysts often respondents stressed that the O&D sources with information from either the requested Air Carriers to provide Survey has serious weaknesses. T–100/T–100(f) or the O&D Survey. The supplemental data, but they sometimes Respondents repeatedly mentioned that Department’s traffic data provides the simply used their experience to apply the data elements collected were press and consumer groups with the adjustment factors to the unreliable insufficient to meet the data needs of ability to monitor prices and advise the data. Lack of consistent data collection the public and the aviation industry. public about low price alternatives to over time decreases the utility of that There was consensus that the reporting high fares, which fosters a more data, while every request for exemptions granted to some Carriers competitive industry that benefits all supplemental information increases the significantly affected the reliability and consumers. The traffic data and the Air Carriers’ and the Department’s costs. completeness of the data. There was press and consumer group analysis of We therefore conclude that the changes near universal agreement that the data

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collected by the Department suffer from Docket No. OST–1998–4043, RIN 2139– more seats and issuing tickets for travel a lack of both quality and consistency. AA08, 67 FR 49217), these metrics have on scheduled interstate passenger Specific comments point to the O&D not kept pace with changes in the services to or from, or within, the U.S. Survey’s outdated design, which affects industry, nor do they measure essential participate in the O&D Survey. By this the quality and accuracy of data features of aviation economics as we change, the Department proposes to gathered. This is amply demonstrated know them today. Therefore, the abandon the concept of first by the list of improvements that were Department is issuing this NPRM. Participating Carrier reporting a portion put forth in the ANPRM. The suggested of Ticketed Itineraries in favor of the H. Scope of This Rulemaking modifications to make the O&D Survey Issuing Carrier reporting all eligible more reliable include: The purpose of this rulemaking is to Ticketed Itineraries. In light of • Change the source of data; (1) reduce the reporting burden on the substantial changes in airline ticketing • Decrease the data reporting Participating Carriers, (2) make the O&D and revenue accounting practices, this exemptions; Survey more relevant and useful, (3) alternative is the most efficient and cost • Improve data validation; reduce the time it takes to disseminate effective, allowing for the broadest • Improve definitions of data the information and (4) achieve possible data availability with a elements to enhance uniformity; maximum congruence between the O&D minimum of ongoing reporting effort. • Improve enforcement of timely Survey and the T–100/T–100(f). In so b. Data To Be Collected receipt of data to guarantee timely doing, the rulemaking will aid industry release of data; The Department believes that a • and government users by collecting the Expand the number of elements most accurate and consistently fundamental restructuring of the data collected to increase the usefulness in obtainable economic information about collected under the O&D Survey is measuring the industry; the purchase of air travel on scheduled necessary for the Department to fulfill • Increase the accuracy of the data to Carriers to or from, or within, the U.S. its Congressional mandate to ensure a make it more reliable; and This rulemaking will address the healthy, safe, efficient, accessible, and • Decrease the complexity of the form identification of the responsible competitive transportation system that of the published data to make it more reporting entity, the identification of the meets our vital national interests and useful for decision making. enhances the quality of life of the Stakeholders agree that the collection, data elements required to measure economic activity in the scheduled American people. The Department processing, and dissemination of acknowledges that this mandate aviation data, particularly through the passenger air transportation industry, and the identification of exemptions includes meeting the needs of the O&D Survey and T–100/T–100(f), are aviation community that relies on this critical to the continued function and that shall be allowed in the reporting process. data, and we have endeavored to well being of the U.S. airline industry. incorporate as many of its suggestions as There was general affirmation that the The Department seeks to achieve these goals by making the O&D Survey possible in this proposal. The suggestions the Department proposed in Department recognizes its obligation to the ANPRM were acceptable. more relevant and useful to all stakeholders. Specific concerns measure passenger travel utilizing Furthermore, Executive Order 12866 techniques that Congress, the industry, obligates the Department to collect, associated with the current O&D Survey reporting requirements include (1) and the public recognize as valid, process, and disseminate accurate, current, and reasonable industry minimizing the number of reporting timely, and relevant aviation data. The measurements. In order to do this, the exemptions, (2) increasing the level of Department’s data is insufficient to Department proposes to collect detail, (3) increasing the quantity and accurately determine a consistent information about the issuance of the quality of information collected, (4) measure of passenger travel using its Ticketed Itinerary and to collect eliminating the need for data providers same general direction of travel additional information about the travel to resort to manual data collection, passenger counting methodology. described in the itinerary. With these thereby reducing reporting costs, (5) Therefore, it is unable to fulfill its changes, the Department proposes to establishing more uniform reporting by mandate to provide the most relevant abandon the concept of Directional updating guidelines and instructions to aviation data within the current Passenger in favor of One-way Trips to the Carriers, (6) achieving maximum reporting requirements. define True O&D. The air travel industry has grown congruence between the O&D Survey The Department proposes to expand rapidly since deregulation. Deregulated and the T–100/T–100(f), and (7) the scope of data that, currently, results markets, code-share and other updating the means of submission to in an insufficient volume of data to meet cooperative marketing agreements, new enhance the timeliness of data release. basic tests of validity and reliability. airline business models, and the I. O&D Survey Redesign Therefore, the Department is adoption of the hub-and-spoke model abandoning the reliance on a 10 percent The Department believes that an and the rolling hub variation of that sample and is proposing 100 percent accurate O&D Survey based on Revenue model have changed the fundamental reporting of eligible Ticketed Itineraries. Passenger tickets is now both desirable economics of the airline industry. These The Department intends to eliminate the and possible in light of recent changes changes have left the Department limitations imposed on the scope of data in airline information technology. attempting to measure an aviation that resulted in an overabundance of economy that is not the economy that 1. Summary of the Proposed O&D exceptions that compromised data the existing data were designed to Survey quality. Therefore, the Department is measure. As such, 14 CFR Part 241, removing the various exceptions for a. Who Shall Report Section 19–7 (‘‘Passenger origin- reporting long itineraries and non- destination survey’’) has outlived the The Department proposes that all U.S. standard itineraries and eliminating economic model for which it was Air Carriers, and Foreign Air Carriers alternative data sample collection designed. Despite some adjustments reporting data under antitrust immunity techniques for travel in major markets. (specifically, Docket No. OST–1996– granted under 49 U.S.C. 41308, that are The Department proposes to expand 1049, RIN 2105–AC34, 62 FR 6715; operating at least one aircraft with 15 or the scope of data in order to gather data

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elements required to understand and 8. Scheduled Arrival Time. The identifying code to indicate that disseminate useful information about scheduled local arrival time of the customer loyalty program credits were passenger travel and thereby proposes to Flight-Stage. expended in obtaining the Ticketed eliminate the bundling of ticket taxes 9. Fare Basis Code/Ticket Designator. Itinerary. and fees with the ticketed fare. The alphanumeric code identifying the 9. Number of Passengers. The The current O&D Survey includes the fare by class, qualification, and numeric value representing the number following data elements: (1) Point of restriction associated with the Flight- of passengers traveling on the Ticketed origin, (2) Carrier on each flight-coupon Stage. Itinerary. If multiple passengers have stage, (3) fare-basis code for each flight- 10. Ticketing Class of Service. A one- flown on a ticketed itinerary, we are coupon stage, (4) points of stopover or character code indicating the service considering requiring carriers to report connection (interline and intraline), (5) cabin within the aircraft in which the separate records, with separate fares, for point of destination, (6) number of passenger is scheduled to be seated any groups of passengers on the passengers, and (7) total dollar value of under the fare rules stated for each itinerary that have flown under differing ticket. The proposed revision of the Flight-Stage of the Ticketed Itinerary. fare basis codes or under special O&D Survey includes additional traffic d. Proposed Sale Elements discount fares. For example, if lower elements that occur for each Flight- fares are paid for children within a tour Stage and sale elements that occur only 1. Issuing Carrier Identifier. The group, the children’s fares should be once for an individual itinerary. Issuing Carrier’s assigned IATA reported in a separate data record with recognized airline numeric code. a separate fare. When the projected c. Proposed Traffic Elements 2. Ticketed Itinerary Identifier. The number of passengers on a group ticket 1. Flight-Stage Sequence Number. A alphanumeric identifier for the Ticketed differs from the actual number, we are two-character ordinal sequence number Itinerary. This identifier identifies a considering requiring carriers to report beginning with 01 that the Participating unique itinerary for each Issuing Carrier the actual number of passengers who Carriers will assign to each Flight-Stage Identifier and Date of Issue. flew on the group ticket as of the of a Ticketed Itinerary. 3. Date of Issue. The local date on reporting event. BTS believes that these 2. Airport Codes. a. Flight-Stage which the Ticketed Itinerary was issued. disaggregations are necessary to Origin Airport. The airport’s IATA 4. Fare Amount. The Fare Amount is calculate its air travel price index. We location identifier from which a Flight- the monetary amount the Issuing Carrier seek comment on carrier practices and Stage departs. The Department proposes receives from the ticket purchaser on handling of group tickets and on the to accept a city code in lieu of airport behalf of all the U.S. Air Carriers or feasibility of the methodology we are code only when the Flight-Stage flight Foreign Air Carriers included in the considering. number is OPEN, the itinerary uses a itinerary. The Fare Amount includes the 10. Itinerary Copy Date. The date that City Code instead of an airport code, Carrier-imposed fees and surcharges, the Participating Carrier copied the and the scheduled Carrier serves such as fuel surcharges, for the carriage Ticketed Itinerary data for submission to multiple airports within the city making of a passenger and allowable free the Department. the origin airport unknowable. baggage on the passenger’s complete b. Flight-Stage Destination Airport. itinerary, denominated in U.S. dollars, 2. Discussion of the Proposed O&D The airport’s IATA location identifier at and accurate to two decimal places, Survey which a Flight-Stage arrives. The rounded. The Fare Amount excludes a. Traffic Elements Department proposes to accept a city taxes and fees imposed by Federal, state, code in lieu of airport code only when local and foreign governments and In its comments to the Department’s the Flight-Stage flight number is OPEN, excess baggage fees. ANPRM, the Regional Airline the itinerary uses a City Code instead of 5. Government Taxes and Fees. a. Association (Docket OST–1998–4043– an airport code, and the scheduled Government Imposed Tax/Fee Identifier. 11) stated that the measure of passenger Carrier serves multiple airports within The government tax or fee identifier. traffic used in the O&D Survey fails to the city making the destination airport The Department’s codes will be listed in satisfy the industry’s need for timely unknowable. the Passenger Origin-Destination Survey and relevant information. Unisys 3. Carrier Codes. a. Operating Carrier. Directives issued by the Department. Corporation (Docket OST–1998–4043– The IATA issued Airline Designator b. Government Imposed Taxes/Fee 22) and Delta Air Lines (Docket OST– code of the U.S. Air Carrier or Foreign Amount. This field will contain the 1998–4043–21) stated that the O&D Air Carrier operating the equipment value of the tax or fee specified by the Survey should adopt the True O&D used on the Flight-Stage. identifier that precedes it, denominated concept. The Port of Portland (Docket b. Marketing Carrier. The IATA issued in U.S. dollars and accurate to two OST–1998–4043–19) urged the Airline Designator code of the U.S. Air decimal places, rounded. recognition of multi-carrier O&Ds. In Carrier or Foreign Air Carrier marketing 6. Ticketing Entity Outlet Type. The requesting that the Department begin the Flight-Stage. identifying code of the distribution using ‘‘relevant information,’’ ‘‘True 4. Scheduled Flight Date. The date on channel through which the Ticketed O&D,’’ and ‘‘multi-carrier O&D’’ to which the Flight-Stage is scheduled to Itinerary was issued. The Department’s measure passenger traffic, these depart. codes will be listed in the Passenger respondents made clear that, for the 5. Scheduled Departure Time. The Origin-Destination Survey Directives aviation industry, the Directional scheduled local flight departure time of issued by the Department. Passenger is no longer an acceptable the Flight-Stage. 7. Customer Loyalty Program measure of True O&D. The Department 6. Master Flight Number. The Airline Identifier. The program identification agrees with the Regional Airline Designator code and flight number code assigned to the airline customer Association that, if we are to provide under which the flight inventory is loyalty program or alliance customer relevant information about the managed. loyalty program under which the scheduled air transportation industry, 7. Scheduled Arrival Date. The date passenger accrues benefits. we must change the basic calculation of on which the Flight-Stage is scheduled 8. Customer Loyalty Program Award the True O&D used in the O&D Survey to arrive. Ticket Indicator. The one-character to the calculation of One-way Trip

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commonly used in the air travel Flight-Stage 01 and continue with not an Air Carrier or Foreign Air Carrier, industry. sequential Flight-Stages. Surface Flight and (2) described on the Ticketed Scheduled Air Carriers in the U.S. use Coupon Stages (known within the Itinerary and included in the total fare, a variety of methodologies to construct industry as surface segments, including then the surface carrier’s IATA Airline One-way Trips in order to comply with those provided by designated surface Designator will serve as the Operating the provisions of collecting September carriers such as railroads) that are Carrier and the Carrier’s IATA Airline 11th Security Fees. The most widely included in the itinerary will be Designator will serve as the Marketing accepted is a methodology based on included in the numbering sequence. Carrier. ‘‘time in hub.’’ Here, the number of Voids (also known as arrival unknown 4. Scheduled Flight Date. The hours spent in an airport is the gauge by segments, or ARNK segments) and Department’s ability to determine One- which it is determined whether the OPEN segments are to be included in way Trips from the O&D Survey passenger (1) intended to continue the the numbering sequence. information is crippled by a lack of trip by changing planes, or (2) intended 2. Airport Code. Airport code for both information about Scheduled Flight to remain in that city for other purposes. Flight-Stage Origin Airport and Flight- Date. The lack of information about It is sometimes known as ‘‘the four hour Stage Destination Airport will be Scheduled Flight Date makes it rule’’ methodology because four hours is identified by the IATA location impossible to know which passengers the most common maximum domestic identifier that uniquely identifies that pass through a location on their connection time allowed with this airport. American Airlines (Docket itinerary to stay only long enough to method. In this methodology, certain OST–1998–4043–5) and others change planes, and which passengers other decision criteria are applied to commented that the presence of City remain multiple days at a location. supplement the time in hub Codes in the itinerary in lieu of airport In its comments, Data Base Products, determination, such as special rules for codes resulted in data inconsistency. In Inc. (Docket OST–1998–4043–36) cited itineraries in which there are no stops the current O&D Survey, Participating another inaccuracy, mentioning that the that exceed the time allowance, Carriers from time to time had to O&D Survey passengers are counted in itineraries with ‘‘void’’ and ‘‘OPEN’’ attempt to decipher the itinerary using the quarter in which the first departure coupons, and itineraries that backtrack the pricing area of the ticket. The took place regardless of the flight date over the same set of airports. Department believes that our proposed scheduled in the itinerary. It pointed The Department proposes to define a change, which designates the Issuing out that this inaccuracy is most One-way Trip in terms of time spent in Carrier as the Participating Carrier, will noticeable in the transition from fourth transit, subject to certain other rules. All eliminate the problem caused by quarter to first quarter where all trips other methodologies that are in use at manual examination of the pricing area. are reported in the fourth quarter Carriers require proprietary knowledge However, the Department recognizes despite a large number of people or were uniquely adapted to the needs that when a Carrier sells an itinerary departing in December who are ticketed of a particular Carrier, and would not known as an ‘‘OPEN’’ itinerary, where to return in January. The scheduled air apply industry-wide to all Carriers. (1) the itinerary is purchased but not transportation industry does not always These characteristics make the other booked, (2) the purchased itinerary fluctuate in orderly monthly cyclic methodologies unsuitable for use by the includes a City Code instead of an patterns. Holidays such as Thanksgiving Department on a universal basis. The airport code, and (3) the scheduled and Easter have a great effect on air Department seeks comments from the Carrier provides service to multiple travel patterns and thereby require daily industry and the public regarding the airports at that city, then the airport data. optimal method for constructing a One- code is unknowable. In this case, the Air Monthly data are problematic in other way Trip. We will consider all the Carrier must issue a ticket where the ways. From time to time, including suggestions for appropriate appropriate value is a City Code and the times of emergency such as September determination of a One-way Trip, and Department proposes to accept in the 11th, the Department has found it establish a consensus of the guidelines O&D Survey the reporting of City Codes necessary to request flight data at the provided by the industry to use in in the itinerary only under this weekly or daily level. Complying with processing data in the O&D Survey for circumstance. these ad hoc data requests imposes a dissemination. We propose to require 3. Carrier Code. Where once Carrier burden on Air Carriers. By routinely the following data elements for each Code would have been described simply collecting data by flight date instead of segment of the Ticketed Itinerary as as the Airline Designator of the U.S. Air by flight month, the Department will be input for the One-way Trip Carrier or Foreign Air Carrier that able to avoid the need for special determination: (1) Flight-Stage transported the passenger, the onset of reporting requests by flight date. The Sequence Number, (2) Airport Codes, (3) code-sharing has introduced multiple ability to analyze air travel by day-of- Carrier Codes, (4) Scheduled Flight Carriers into the ticketing process. The week and in seven day moving averages Date, (5) Master Flight Number, (6) Marketing Carrier Code is the Carrier will enable the Department to facilitate Scheduled Departure Time, (7) identifier that the passenger sees when more robust economic measurement and Scheduled Arrival Date, (8) Scheduled examining the Ticketed Itinerary. The analysis and be prepared to analyze the Arrival Time, (9) Fare Basis Code/Ticket Operating Carrier is the Carrier that effects on air transportation when Designator, and (10) Ticketing Class of operates the aircraft that transports the significant economic, weather and Service. passenger. Marketing Carrier and security related shocks to the nation 1. Flight-Stage Sequence Number. Operating Carrier will be identified by occur. Because the determination of Every Flight-Stage of an itinerary must the IATA Airline Designator assigned to One-way Trips is critical to the have a sequence number assigned to it them. If the Carrier has no IATA Airline Department’s assessment of the air by the Issuing Carrier. Should problems Designator code, then the Department transportation industry, the Department arise, a positive identifier, assigned by will assign a reporting code. When a proposes to collect information by the provider of the data, will help Carrier markets surface transportation as Scheduled Flight Date. facilitate communication and an extension of its air transportation 5. Scheduled Departure Time. The resolution. Flight-Stage Sequence service, and the transportation is (1) Department’s ability to determine One- Number will begin each itinerary with provided by a common carrier that is way Trips from the O&D Survey

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information is also crippled by a lack of At the inception of code-sharing, the Segment Carrier is the equivalent of the information about Scheduled Departure scheduled air passenger industry coined Department’s Operating Air Carrier. Time. The lack of information about the term Marketing Carrier to However, in a Franchise Code-Share, Scheduled Departure Time makes it distinguish it from the Operating Air the industry data is populated as if the impossible to know which passengers Carrier that transported the passenger. relationship is a wet-lease and, pass through a location on their According to the ATPCO TCN Ticket therefore, the Airline Designator of the itinerary to stay only long enough to Exchange Service Specifications Guide Mainline Partner serves as both the change planes, and which passengers instructions for populating the data Marketing Carrier and the Coupon/ remain for an extended period at a element ‘‘Coupon/Segment Marketing Segment Carrier. Although the location. Carrier’’ (glossary reference MCAR), the Department rules require the Issuing Knowledge of the scheduled time of Marketing Carrier is: Carrier (or Issuing Carrier’s agent) to departure helps the Department The carrier that appears as the Carrier for notify the passenger of the identity of understand the economics of the air a segment on the ticket. In a code-sharing each Operating Air Carrier in the travel industry. The FAA oversees the arrangement, if a CRS knows the Servicing routing, standard industry practice does development of the nation’s air travel Carrier (CARR) and the Marketing Carrier not list the Franchise Code-Share infrastructure, and knowledge of (MCAR) both elements CARR and MCAR Partner’s Airline Designator on the Scheduled Departure Time allows it to should be populated. If the CRS only knows Ticketed Itinerary. Nevertheless, the calculate the costs and benefits of safety the Marketing Carrier (MCAR), Marketing O&D Survey rules require the regulations and infrastructure Carrier should be populated and Servicing Participating Carrier to report the improvements. Similarly, departure Carrier should be blank. Airline Designator of the Franchise time will assist the TSA in meeting the According to the ATPCO TCN Ticket Code-Share Partner Carrier as the needs of airports and Air Carriers with Exchange Service Specifications Guide Operating Air Carrier, and report the the appropriate staff levels for airport instructions for populating data element Airline Designator of the Mainline security. Flight-Coupon Stages where ‘‘Coupon/Segment Carrier Code’’ Partner as the Marketing Carrier. the travel plans are OPEN will be (glossary reference CARR), the Carrier The difference in the treatment of data assigned an early morning departure is: between the industry and the time to be determined later, and the The Carrier that carried the passenger. A Department’s O&D Survey is most clear results of that determination will be CRS will populate this element with the when examining an itinerary that published in the Passenger Origin- same code as the Marketing Carrier (MCAR) includes both an Alliance Code Share Destination Survey Directives issued by unless the CRS knows of a code-sharing and a Franchise Code-Share. For the Department. arrangement. If the CRS knows of a code- example, if Lufthansa German Airlines 6. Master Flight Number. Master sharing arrangement, the CRS will code the (Lufthansa) had authority to sell a code- Flight Number shall consist of the two- Carrier that appears on the ticket as the share itinerary from Frankfurt (FRA) to character Airline Designator of the Marketing Carrier (MCAR) and the Carrier Dulles (IAD) to Norfolk (ORF), and the Carrier that manages the inventory and that carries the passenger as the Carrier Code IAD to ORF portion is on an aircraft the flight number under which that (CARR). operated by Mesa Airlines (Mesa), then Carrier manages the flight. In flights that The Department, recognizing the the O&D Survey submission would are not involved in a code-share and not importance of keeping track of code- show two flights. The FRA to IAD involved in starburst or funnel flight share relationships on Ticketed portion would be reported as Ticketing operations, the Master Flight Number Itineraries, amended the O&D Survey to Air Carrier of Lufthansa and Operating will be the same as the Marketing Flight provide for code-share ticketing Air Carrier of Lufthansa. The IAD to Number. When code-shares, funnel practices. The Department defined the ORF portion of the travel would be flights and starburst flights are involved, term ‘‘Ticketed air carrier’’, which reported as Ticketing Air Carrier of this data element will be used to functions as the equivalent of the Lufthansa and the Operating Air Carrier identify the Airline Designator and true industry term Marketing Carrier. The of Mesa. The Department does not know flight number under which the flight definition of Ticketed Air Carrier in 14 the identity of the Mainline Partner Air inventory is controlled. The Department CFR Part 241 Section 19–7 Appendix A, Carrier. Logically, in this case, a user proposes to collect this data element to X. Glossary of Terms is: would assume Mesa is operating as fill in the gap between the data the Under a code-share arrangement, the air United Express but there is nothing to industry uses to track flights and the carrier whose two-character air carrier code preclude Mesa from flying IAD to ORF data the Department collects. is used for a flight segment, whether or not as US Airways Express, so such The term ‘‘code-share’’ is not it actually operates the flight segment. assumptions are not to be relied on. The sufficiently precise to describe what has However, the Department diverged Department’s data is used for time series become two distinct concepts. For from standard industry practice when analysis over many years and no user of purposes of this rulemaking, the term we defined Operating Air Carrier in a the data can logically deduce an Air Alliance Code-Share will be used to way that is slightly different than the Carrier’s livery and operations over describe the code-share relationship industry term Coupon/Segment Carrier many years of service. wherein each Carrier keeps its identity The Department has a statutory Code. Operating Air Carrier 14 CFR Part and livery distinct from one another and responsibility to monitor airline code- 241 Section 19–7 Appendix A, X. wherein each Carrier has the share relationships. As regional Carriers Glossary of Terms is: opportunity to market the other’s flights. have increasingly taken multiple The term Franchise Code-Share will be Under a code-share arrangement, the air Mainline Partner Carriers into code- used to describe the code-share carrier whose aircraft and flight crew are share arrangements, Franchise Code- relationship wherein the Franchise used to perform a flight segment. Shares have become increasingly Code-Share Partner never appears as the In an Alliance Code-Share, the difficult for the Department to monitor. Marketing Carrier and generally, industry’s definition of Marketing When an Air Carrier takes on a although not necessarily, paints its Carrier is the equivalent of the Franchise Code-Share relationship with aircraft in the livery of the Mainline Department’s Ticketed Air Carrier, and two Mainline Partners that, in turn, Partner. the industry’s definition of Coupon/ have Alliance code-share relationships

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with each other, the need for a new data marketing flight number for US Airways practices. Therefore, the Department element in the O&D Survey is clear. Express flight US2808 operated by proposes to collect the Master Flight When a Carrier operates as a Franchise Mesa. For the LH8808 Flight-Stage, the Number, which will consist of the Code-Share Partner for both US Airways Participating Carrier would populate the Airline Designator and true flight and United Air Lines (United), the O&D Marketing Carrier, Operating Carrier, number of the Mainline Partner that Survey data records cannot distinguish and Master Flight Number data manages the inventory of the flight. The between (1) flying in the livery of elements as follows: Department invites comment on this United, ticketed as a US Airways flight Marketing Carrier: LH. topic and on the efficacy and difficulty and (2) flying in the livery of US Operating Carrier: YV. of populating this data element. Airways, ticketed as a US Airways Master Flight Number: US2808. 7. Scheduled Arrival Date. The flight. In situation (1), the identity of the Itinerary 2: United marketed Chicago- Department’s ability to determine One- Mainline Partner (United, in this case) Charleston One-way Trip with way Trips is dependent on knowing is lost. In situation (2), the identity of connection over Charlotte to US when a scheduled flight arrives in an the Mainline Partner (US Airways, in Airways Express flight 2808. Under this airport. Scheduled Arrival Time is this case) is not lost, but there is no way scenario, the passenger buys a ticket meaningless without Scheduled Arrival for the user of the data to know that. from Chicago to Charlotte on UA200, a Date. Since the user is provided no ability to United operated flight. In Charlotte, the 8. Scheduled Arrival Time. The distinguish between a record reported in passenger will connect to Charleston on Department’s ability to determine One- situation (1) and a record reported in UA7808, which is the United marketing way Trips from the O&D Survey situation (2), the value of the data in flight number for US Airways Express information is further crippled by a lack assessing code-share travel partnerships flight US2808 operated by Mesa. For the of information about Scheduled Arrival is greatly diminished. UA7808 Flight-Stage, the Participating Time. The lack of information about To further illustrate how Carriers Carrier would populate the Marketing Scheduled Arrival Time makes it impossible to know which passengers would report the Marketing Carrier, Carrier, Operating Carrier, and Master pass through a location on their Operating Carrier, and Master Flight Flight Number data elements as follows: Number data elements under this Marketing Carrier: UA. itinerary to stay only long enough to proposed system, consider the following Operating Carrier: YV. change planes, and which passengers hypothetical examples of itineraries Master Flight Number: US2808. remain for an extended period at a involving a single US Airways Express location. Itinerary 3: US Airways marketed Flight-Coupon Stages where the travel flight operated by Mesa. Under this Charlotte-Charleston One-way Trip, plans are OPEN will be assigned an scenario, US Airways contracts with Non-stop on US Airways Express flight arrival time to be determined later and Mesa (IATA Airline Designator YV) to 2808. Under this scenario, the passenger the results of that determination will be operate regional jet service between buys a ticket from Charlotte to published in the Passenger Origin- Charlotte (CLT) and Charleston, SC Charleston on US2808. For the US2808 Destination Survey Directives issued by (CHS) on a fee per departure basis. Mesa Flight-Stage, the Participating Carrier the Department. operates the aircraft but the aircraft is would populate the Marketing Carrier, 9. Fare Basis Code/Ticket Designator. painted in US Airways’ livery. US Operating Carrier, and Master Flight The Department requires fare basis code Airways is wholly responsible for Number data elements as follows: and ticket designator to understand the managing the inventory on the flight Marketing Carrier: US. restrictions placed on the purchase of and bears all of the revenue risk Operating Carrier: YV. travel and the economics of the air associated with the flight. US Airways Master Flight Number: US2808. travel industry. Several respondents to markets this flight to its customers as In all three of the situations described the ANPRM requested that the US Airways Express flight 2808. Mesa above, if the US Airways flight from Department collect information that will does not market this flight to the public Charlotte to Charleston were to be enable it to provide a classification of under its own designator code and has operated by US Airways itself (i.e. with fares. The Fare Basis Code is the no responsibility for managing the mainline equipment rather than by one alphanumeric code identifying the fare inventory. US Airways’ alliance of its regional affiliates) as hypothetical by class, qualification, and restrictions partners United and Lufthansa market flight US Airways 518, the Operating associated with the travel segment. The US Airways Express flight 2808 as Carrier field in all of the above examples Ticket Designator is the code indicating United 7808 and Lufthansa 8808, would instead reflect ‘‘US.’’ The Master that the fare basis code is modified by respectively. Although United and Flight Number field would reflect rules associated with the ticket Lufthansa sell seats on US Airways ‘‘US518.’’ designator code. Ticket Designator is flight 2808 under their respective It is also important to know the specified in the ATPCO TCN Ticket designators, neither Carrier has any Master Flight Number when Carriers use Exchange Service Specifications Guide responsibility for managing the funnel flights and starburst flights to instructions for populating data element inventory on this flight. The following market their product to consumers. ‘‘Coupon/Segment Fare Basis/Tkt itinerary examples illustrate how the Correlations between the T–100/T– Designator’’ (glossary reference FBTD) proposed system would work in 100(f) would be very difficult if the O&D as the code that appears in the same practice. Survey is only reported under the field as the Fare Basis Code separated by Itinerary 1: Lufthansa marketed various flight numbers that are assigned an oblique ‘‘/’’. Munich-Charleston One-way Trip with in funnel flights and starburst flights. 10. Ticketing Class of Service. In order connection over Charlotte to US Knowing the Master Flight Number will to understand service demand and to Airways Express flight 2808. Under this provide the common element needed for understand the quality of services to scenario, the passenger buys a ticket accurate correlation. communities, the Department proposes from Munich to Charlotte on LH100, a The Department must require this to continue the practice of collecting Lufthansa operated flight. In Charlotte, data element to fulfill its mandate to information about class of service, also the passenger will connect to Charleston protect consumers by monitoring code- known as cabin class. In response to the on LH8808, which is the Lufthansa share ticketing and other marketing ANPRM, American Airlines (Docket

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OST–1998–4043–5) and others noted class of a two cabin aircraft. The number understanding the economics of the that non-standard reporting of class of ‘‘4’’ will generally designate what has airline industry. Falling passenger service degrades the usefulness of the been described as first class of a three counts or rising passenger counts have published data. The most expensive cabin aircraft. The number ‘‘5’’ will traditionally been the measure of the class of service, generally provided in designate ultra-premium first class. The economic engine that travel provides to the cabin located nearest the nose of the Carriers would provide the Department the economy. However, for some plane, is typically referred to as the first with up to date definitions of its 5 class purposes, the rising and falling volume class cabin. The least expensive class of of service designations and would use of daily ticket sales over time is a better service (coach/economy/main) cabin is their own internal class of service codes measure of industry economics. Another typically located in the aft-most section to classify their passengers. When a key element of air transportation of the aircraft. Sometimes a Carrier will Carrier operates a fleet of aircraft with economics is the measurement of the avoid offering a class of service a class of service that is arguably similar number of days between ticket sale and marketed as first class, and choose to to the class of service offered by first use of the Ticketed Itinerary. market the front cabin as business class competing Carriers, and if the Known as the booking window, or instead. To further complicate matters, Department believes a compelling advance purchase window, the increase more than one Carrier markets the front public interest is served by re- or decrease of the booking window year cabin of its narrowbody aircraft flying designating the passengers as having over year is an important measure of on a domestic route and the front cabin been transported in a different class of consumer confidence. To understand of its widebody aircraft flying on an service, the Department reserves the the dynamics of rising and falling international route with the same ‘‘first right to re-designate passengers on such volume of itineraries sold and the size class’’ designation. Today, certain an airline into a different class of of the booking window, the Department Carriers offer ‘‘premium coach’’ seating service. The Department seeks comment must collect the Date of Issue. and in the future, Carriers may offer an from Carriers and the public on the 4. Fare Amount. The Department’s ‘‘ultra-premium’’ (i.e. more expensive efficacy of this proposal. ability to measure fare information independent of taxes collected is vital to than first class) cabin. We are unaware b. Sale Elements of an objective class of service definition the understanding of aviation maintained anywhere in the industry 1. Issuing Carrier Identifier. Every commerce. Carriers shall convert fares that distinguishes between these classes Carrier that issues Ticketed Itineraries paid in currencies other than U.S. must have a unique three-digit numeric of service. Indeed, currently there is no Dollars into U.S. Dollars using whatever identifier. The Issuing Carrier is objective class of service definition that currency conversion methods the responsible for the ticket stock on which would prohibit a Carrier providing only Carrier customarily uses in its normal the itinerary is issued. The Department a single class of service from calling it course of business. The current O&D proposes to identify the Issuing Carrier first class, even if that single class of Survey requires Participating Carriers to with the Carrier’s assigned IATA three- service was comparable to coach class at truncate the cents from the reported digit code. This code also serves as the a Carrier that offers multiple classes of total amount. This practice artificially first three digits of the 13-digit ticket service. lowers the Department’s estimate of number on a standard agent ticket. total amount collected because an The Department desires to change the 2. Ticketed Itinerary Identifier. unknown number of cents have been class of service designations to make Carriers assign a ticket number or dropped from millions of tickets. them as objective and as meaningful as Passenger Name Record (PNR) identifier Rounding to the nearest cent will allow possible. However, we believe the to every Ticketed Itinerary that is some imprecision to remain, but the marketplace is the best arbiter of a unique when used in conjunction with Department believes that losing Carrier’s claim to offer first class service. an Issuing Carrier Identifier and the fractions of one half cent is an We do not wish to codify a particular Date of Issue. This data element will acceptable degree of imprecision. Fare standard of service or seat pitch as the contain the value of that identifier. The amounts have customarily not been point that differentiates a first class Department requires a unique identifier whole dollar amounts even when they accommodation from a business class to facilitate communication with the do not require currency conversion to accommodation. The Department seeks Participating Carriers in the U.S. dollars. Therefore, the Department consistent class of service designations Department’s effort to monitor the data proposes to collect fare information but there are no objectively defined and the Participating Carrier requires a independent of tax information, and designations in the industry. Therefore, unique identifier to facilitate further proposes to collect fare the Department proposes to provide a communication with the Department information accurate to two decimal framework in which each airline will when data must be corrected and places rounded. assign a number to the service cabins in resubmitted. The Ticketed Itinerary 5. Government Imposed Taxes/Fees. its fleet from the least expensive to the Identifier is necessary for effective The ability to identify each and every most expensive, such that the least resolution of problems. tax, passenger facility charge, and fee expensive cabin (usually the aft-most 3. Date of Issue. The Department that the consumer must pay is central to cabin) is designated as ‘‘1’’ and each proposes to require Date of Issue the Department’s understanding of the defined cabin class above cabin 1 (i.e. because it is part of the unique identifier economics of travel. Disaggregating those that the Carrier markets at higher of the Ticketed Itinerary. In the past, the taxes and government-imposed fees price points and that are generally Department has often had to require Air from the fare will enable the Department physically located toward the front of Carriers to provide supplemental to more accurately monitor changes in the aircraft) will be designated with the information about travel because it airfares and separately monitor the next highest ordinal number. The lacked information about ticket sales changes in taxes and fees paid, both of number ‘‘2’’ will generally designate dates. DOJ and DOC both require which have substantial policy what has heretofore been described as knowledge of the date of sale in the considerations. premium coach. The number ‘‘3’’ will course of carrying out their mandates. On January 9, 2003, Captain Duane generally designate what has heretofore The date the Ticketed Itinerary is issued Woerth, President of the Air Line Pilots been described as business class or first is an important component of Association International, testified

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before the Senate Committee on Entity Outlet Type’’ (glossary reference 8. Customer Loyalty Program Award Commerce, Science, and Transportation TIOT). Ticket Indicator. The Department that airline taxes were choking the • A = Airline office believes that, to carry out its mandate, industry.6 He testified that, according to • B = Business corporate account it must know when a passenger has the Air Transport Association (ATA), • C = Consolidator expended mileage points or award taxes on a $100 domestic ticket could be • D = Direct dial in locations credits to obtain a Ticketed Itinerary. as high as 44 percent of the amount (Consumers, PC Users) The Department proposes the values of • collected. Without improvements to the E = End user access via third party ‘‘A’’ when the customer paid no fare at O&D Survey, it is impossible to use (Internet, Minitel, etc) all, ‘‘P’’ when the customer pays • G = General sales office partially with award credits, and ‘‘U’’ Department data to precisely determine • whether the testimony was based on an I = Internal CRS locations when the passenger paid the • M = Multi-access example of a typical ticket or an extreme • appropriate fare for passage, but used case, and whether it is indicative of an N = Non-IATA agents award credit to upgrade to a more • P = Pending agents industry-wide trend affecting a • exclusive class of service. The S = Self service machine Department seeks comment from the substantial number of passengers. • T = IATA travel agent The Department proposes to adopt the • industry and the public regarding the U = Unknown ability of the Carriers to reliably industry’s standard Government • V = Vendor (car, hotel) imposed tax/fee identifiers as • populate this element. W = Wholesaler or tour operator 9. Number of Passengers. The documented in the ATPCO TCN Ticket The codes will be listed in the majority of Ticketed Itineraries are Exchange Service Specifications Guide Passenger Origin-Destination Survey instructions for populating data element issued to one passenger, but some Directives issued by the Department. Ticketed Itineraries describe the travel ‘‘Tax/Miscellaneous Fee Type’’ (glossary 7. Customer Loyalty Program of multiple passengers traveling together reference TMFT). Carriers shall convert Identifier. Some users of the O&D amounts paid in currencies other than on the same itinerary. The Department Survey data have requested a data must collect the count of passengers U.S. Dollars into U.S. Dollars using element to record the program name whatever currency conversion methods included in the Ticketed Itinerary. when a passenger has declared a Without knowledge of this value, the the Carrier customarily uses in its membership in a loyalty program. The normal course of business. The data from several of the other elements, need to monitor domestic and particularly the Fare Amount, become Department proposes to require the international alliances and the causes invalid. reporting of taxes and fees collected by and consequences of share shift 10. Itinerary Copy Date. Since the Carriers on behalf of government associated with the alliance have Ticketed Itinerary databases are entities and further proposes to collect become critical in understanding operational databases for the Carriers, tax and fee information accurate to two industry trends and discerning their and since operational systems are by decimal places rounded. competitive impact. The Department their nature constantly updating data, 6. Ticketing Entity Outlet Type. BLS proposes to collect the name of the and since the Department is requiring a (Docket OST–1998–4043–54), American program in which the passenger is copy of the Participating Carrier’s Airlines (Docket OST–1998–4043–5), earning credit. We are unaware of any Ticketed Itinerary data to be taken at a and Northwest Airlines (Docket OST– industry standard loyalty program given point in time, it is important to 1998–4043–49), among others, identifiers. The ATPCO TCN Ticket have that point in time recorded. The specifically requested that the O&D Exchange Service Specifications Guide copy date will also facilitate the Survey include a distribution channel instructions for populating data element correction of data. Participating Carriers component. The Department has ‘‘Coupon/Segment Frequent Flyer wishing to replace previously submitted conducted studies of airline marketing Reference’’ (glossary reference FFRF) data can do so more easily if the and distribution practices and how they indicate that the reference include the Department can identify old and new affect the cost structure of Carriers as ‘‘Airline Designator of the airline that copies of records using the copy date. well as the associated impact on assigned the Frequent Flyer Number’’ We explored the possibility of consumers. Knowledge of the which presupposes that loyalty omitting this data element on the distribution channel used to deliver the programs belong to an airline rather assumption that the Department could ticket to the passenger has become an than an alliance of airlines. record the date that the data was important part of aviation analysis. We propose to use the industry received. However, this option would The Department has lacked the data to standard loyalty program identifiers if a record the date of successful data sufficiently examine such changes consensus exists, otherwise, the transmission rather than record the date precisely at a time when they have Department will maintain and publish a the Participating Carrier’s operational become an important part of the list of loyalty programs and appropriate data was copied. To best facilitate Carrier’s efforts to reduce costs. The identifying codes for those programs. communication, the Date of Submission Department proposes to collect an We are aware that not all ticket must be set by the Participating Carrier indicator that identifies the type of purchasers declare their membership in at the date the data is copied, not by the location responsible for issuing the a loyalty program at the time the Department at the date the data is Ticketed Itinerary. The Department itinerary is ticketed. Passengers that received. Knowledge of the Itinerary seeks comment regarding the efficacy of identify themselves as members of a Copy Date will help alleviate questions using codes based on those already in program after the Ticketed Itinerary has and concerns about data quality. use in the industry as listed in ATPCO’s been submitted to the O&D Survey will TCN Ticket Exchange Service remain unrecognized in the c. Other Suggested Elements Specifications Guide instructions for Department’s statistics. The Department Various members of the air populating data element ‘‘Ticketing seeks comment from the industry and transportation community have the public regarding the ability of the suggested the following as elements the 6 Source: http://commerce.senate.gov/pdf/ Carriers to reliably populate this Department should collect. The woerth010903.pdf. element. Department does not propose to collect

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these data elements, but we seek further uniform understanding about what each knowledge of these three aspects of a comment advocating the inclusion of value signifies. fare would enable a comparison of fares these suggested elements, and we will 2. Fare Basis Category. The across Carriers and provide useful consider including any one or all of Department currently collects class of ‘‘passenger type’’ data while relying on these elements in the list of mandatory service information and rudimentary common information stored in carrier elements collected under this rule. fare classification information in a dual- accounting and reservations systems. 1. Passenger Type. The airline use field called fare basis code. The The Department believes that industry has an established passenger current classification has seven possible categorization of fares would be type code that is used as an indicator of values: C (Unrestricted Business Class), extremely useful to the government and the characteristics of the passenger D (Restricted Business Class), F industry users alike, but we recognize based on a pricing decision. ATPCO’s (Unrestricted First Class), G (Restricted that there are substantial difficulties in TCN Ticket Exchange Service First Class), X (Restricted Coach/ collecting, categorizing, and validating Specifications Guide instructions for Economy Class), and Y (Unrestricted the data given current data in Carrier populating data element ‘‘Passenger Coach/Economy Class), plus U reservation and accounting systems. Type’’ (glossary reference PAST) (Unknown). The dual-use codes indicate First, the Department would necessarily describes this as a three-digit code (1) the class of service (also known as rely on Carriers’ classification indicating the type of passenger (e.g., cabin class) appropriate to the fare basis designations. The Department cannot ADT for adult fares, CHD for child fares, the passenger purchased and (2) independently edit or validate the MIL for military fares and GOV for whether or not the passenger’s fare basis Carriers’ classifications beyond issuing government fares.) Several Carriers and was issued under one or more guidelines, which would be as specific airports that responded to the ANPRM restrictions, such as the fare’s minimum as possible, but would necessarily be requested some kind of information advance purchase requirement or the fairly general in nature. Second, the about the type of passenger traveling on fare’s eligibility to be refunded. We complexity and diversity of fare basis the Ticketed Itinerary. The Department continue to believe that Ticketing Class codes is enormous. Some fare basis would also benefit from having of Service is an important element to codes are designated for single markets. passenger data type in planning for air collect, and we have proposed Some are designated for a group of transportation needs of the future. From collecting it as explained under section markets. Some are designated for all time to time, the Department is required I.(2)(a)(10) of this document. In markets, but carry restrictions that apply to conduct reviews of government fares. addition, we are considering collecting only in some markets. Third, the For example, on at least one occasion, information about fare basis restrictions. volume of fare basis codes on file for the Department has been asked to We believe that policy makers and the many Carriers is huge. It is not supply information on the number of aviation industry as a whole would uncommon for an individual carrier to children that fly on commercial benefit from information about the have thousands of fare basis codes and Carriers. purpose for which the passenger is combinations of codes. The volume of The National Transportation Safety traveling. fare basis codes in combination with Board has recommended that BTS Several Air Carriers requested fare their complexity and diversity make improve the quality of exposure data categorization in their ANPRM classification of fares a very challenging available for safety analysis (See comments. The most often mentioned task. Fourth, fare basis codes do not National Transportation Safety Board, classification was a business or leisure have a universal meaning across all Transportation Safety Databases, Report dichotomy classification. The Carriers in the industry. Pricing No. SR–02–02, September 11, 2002, p. Department believes that the business— structures are unique within each 38). Exposure data (i.e., the number of leisure dichotomy is a useful but very Carrier. A given set of fare basis codes passengers exposed to the risk of an subjective evaluation, which is very reflects the pricing structure only within accident in any particular type of difficult to categorize in a standardized the context of the given Carrier. transportation) are essential for manner industry-wide, given the data One approach to a classification plan measuring the accident rate for different currently available. Our understanding would be for each carrier to submit its types of transportation and measuring of the difficulties faced by the Air list of fare hierarchies to the the benefits of safety improvements. Transport Association in its attempt to Department. The list or lists would Aviation safety analysts are particularly build criteria for categorizing business include the fare basis codes and the interested in certain data that would be and leisure fares based on existing data attendant rules for these fare basis codes collected under the proposed rule on elements in Carrier reservations and as expressed in terms of the characteristics of airline passengers accounting systems tends to verify that Department’s three classification criteria (e.g., whether the passengers are adults, belief. or some other set of classification children, or infants), so that they can We believe that classification based criteria suggested by members of the estimate the likelihood that passengers on objective and verifiable criteria industry. With an understanding of the would take an alternative mode of would provide a more useful fares included in each category across transportation if safety regulations classification methodology. The current multiple Carriers, the Department could increased the cost of flying. BTS classification has only a single aspect, publish a map of fares that would serve believes that information about ‘‘restricted’’ or ‘‘unrestricted.’’ This, as the industry fare basis category for passenger type will help it calculate a though verifiable, is so broad that it purposes of classifying the value of fares more meaningful ATPI. The Department provides very little understanding of across all carriers. is considering collecting passenger type passenger fares in the current aviation There appear to be two options for as a data element and, therefore, we environment. We are, therefore, collecting this type of data, (1) retain the seek comment on the availability of considering and requesting comment existing system of classification of passenger information, the consistency on, classifications based on a ‘‘restricted’’ or ‘‘unrestricted’’, or (2) use with which it is populated in airline combination of three criteria (1) travel the fare basis codes as a means for systems proposed as the source for O&D eligibility date, (2) purchase eligibility establishing more accurate comparisons Survey data in this rulemaking, and the restrictions, and (3) refundability/ across carriers. Given the inconsistency reliability of the Carriers maintaining a exchangeability. We believe that of fare basis code application from

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Carrier to Carrier, some method of 6. Passenger Citizenship Nation. BLS transportation system is healthy, mapping by the Department would be requested citizenship information to efficient, and competitive cannot be required. Whenever possible, the determine whether a trip constitutes an fully realized until we know where the Department prefers data elements that export transaction or an import users of the system reside. The can be objectively collected and transaction. DOC’s International Trade Department’s ability to study the region consistently validated industry-wide. Administration (ITA) requested in which an airport’s customers reside, The Department seeks further citizenship information to help in its or catchment area analysis, is not comment on the utility and efficacy of mandate to facilitate trade and tourism. currently possible. collecting Fare Basis Category based on DOS, which negotiates air treaties with The passenger is not currently an aggregated fare basis classifications foreign governments, would benefit required to declare a Zip Code/Postal as well as any other data element that from citizenship data. The Department Code as a precondition of purchasing a could prove useful to users of the O&D seeks comment regarding the efficacy of Ticketed Itinerary from a Carrier, and, Survey in understanding the nature and collecting statistical information about therefore, this data element is not purpose of passenger air travel in the passenger citizenship. available. DHS may seek specific U.S. Comments should address (1) the 7. Country Code and Area Code of the individual identification data on airline usefulness and efficacy of the Passenger’s Phone Number. US passengers that would require the continuation of collecting the current Airways, United Air Lines, Southwest Carriers to collect and store passenger ‘‘restricted’’ or ‘‘unrestricted’’ fare Airlines, the Sabre Group, Northwest residential Zip Code, among other designation only, and (2) the usefulness Airlines, Continental Airlines, and elements, for a system designed to use and efficacy of establishing a new American Airlines all included in their passenger information to increase system based on some form of mapping ANPRM comments their desire that the homeland security. If it could be fare basis codes according to similar Department obtain information about values assigned to different codes by the passenger’s point of origin. BLS collected without impinging on various Carriers by periodically needs citizenship information to individual privacy rights, Zip Code/ collecting and publishing determine whether a trip constitutes an Postal Code would make important comprehensive fare hierarchies from export transaction or an import point of origin information available for each Participating Carrier. We request transaction. The passenger’s phone statistical purposes for the first time. that comments be as specific as possible number area code, in conjunction with If the Carriers develop the capability in outlining any proposed passenger’s phone number country to collect and store Zip Code/Postal methodologies and that they address code, is one indication of passenger Code, then the cost of collecting it for issues involved in making industry- point of origin. In light of the increasing statistical purposes will not be wide comparisons accurate and use of cell phones and the increasing significant. In light of the many benefits meaningful. disassociation between the area in to the industry, the Department would 3. Commission Amount. This data which a passenger resides and the consider collecting this data element. element represents the amount paid by geographical area of the cell phone’s However, since it is not a data element the Issuing Carrier to the travel agent for area code, the Department seeks that is routinely collected by the selling a Ticketed Itinerary on its behalf. comment regarding the efficacy and the Carriers we are not proposing to collect The Department recognizes that, in cost/benefit proposition of collecting this data element at this time. We seek general, the role of sales commissions this information as an indication of comment regarding the continued paid to the travel agents on the issuance passenger residence in general, and in interest in collecting this information of a Ticketed Itinerary have diminished light of announced DHS requirements. for statistical purposes. in the U.S. However, commission 8. Passenger Zip Code/Postal Code. payments have not disappeared from Sabre, US Airways, American, 3. Reporting Requirements the air travel industry. In light of this, Continental, Northwest, and Southwest a. Data Source Criteria the Department seeks comment commented in the ANPRM that they regarding the efficacy of collecting this would like to have some measure of the One of the most critical questions information. passenger’s place of origin. Carriers, asked in the ANPRM was whether the 4. Form of Payment Type. As shifts such as US Airways and Northwest, Department should change its source of occur between payment by cash, credit identified this need as generic point of data for the O&D Survey. Heretofore, the card, or one of the new forms of Internet sale information. Academics, Department has required the Operating payment, collection of this data may consultants and Carriers alike want to Air Carrier to use a data stream created provide insight into ticket purchasing study point of origin demographics. specifically for reporting the O&D behavior. The Department seeks United, Airports Council Survey. The Department has three comment on the efficacy of collecting International—North America, and objectives for the data provided by this information. airports that supplied ANPRM Carriers. First, the data available to the 5. Electronic Ticket Indicator. This comments specifically requested Department must meet the OMB quality element, used in conjunction with passenger zip code as a point of sale objectives of accuracy, reliability, ticketing entity outlet type, could help identification to identify the geography completeness and non-bias to the extent isolate information about selling and of the area served by the airport. Several that it is practical. Second, the source of distribution channels. The Department comments from airports declared that data must be selected in a way that seeks comment on the collection of an this element would be a vital minimizes the burden of collection on indicator to determine information component of their ability to serve their the Participating Carriers. Third, the about electronic ticketing. The proposed communities. The Department believes Department must minimize the effects values would be the ones used in that this element is the best indicator of of changes to itineraries over time, ATPCO’s TCN Ticket Exchange Service passenger point of origin, and, perhaps, because changes that take place Specifications Guide instructions for the single most important data element following the reporting event are populating data element ‘‘Electronic needed for prudent infrastructure invisible to the O&D Survey. All sources Ticket Indicator’’ (glossary reference planning and investment. The of data, including alternative data ETKI). Department’s mandate to ensure that the sources proposed in responses to the

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ANPRM, must be evaluated on these reporting a Ticketed Itinerary if another information to reliably produce a source three criteria. designated Participating Carrier of data for the Department’s O&D precedes it in the scheduled itinerary. A Survey. b. Discussion of Interactions Between Ticketed Itinerary is, in effect, exempted the Carriers and Their Customers d. Discussion of the Sources of Data from reporting when the code-share Proposed by ANPRM Respondents The source of data is inextricably ticketing situation makes it appear as if linked to the event that triggers the the itinerary has already been reported In the ANPRM, the Department creation of that data. Each source of data when, in fact, the itinerary has not been solicited input on alternative data suggested in the ANPRM comments reported. The current system also grants sources for the O&D Survey. The represents data captured at a point in exemptions for reporting all of the travel following data sources were proposed: time where an interaction between the on reportable Ticketed Itineraries if the (1) The computer reservation systems’, passenger and the Carrier, or one of its Participating Carrier is unable to obtain or GDS’, marketing information data agents, takes place. Adopting a new information about the entire itinerary tapes (MIDT) data triggered by the source of data necessarily means that we from the Issuing Carrier and is unable to creation of a reservation, (2) Airlines accept the state of the data as it existed obtain the information from looking at Reporting Corporation’s (ARC) sales when that data source was created or the passenger’s documents. Roberts tapes triggered by the sale of a ticket by introduce a procedure to report Roach and Associates, Inc. (Docket a travel agency, (3) ATPCO’s TCN subsequent changes to the itinerary. OST–1998–4043–4) summed up the records triggered by the creation of a For an electronic ticket sold over the frustration of most users of Department ticket, (4) a new data stream from Internet at the Carrier’s website, the data when, in its comments to the Carriers that issue electronic tickets creation of a reservation, the creation of ANPRM, it advocated that the triggered by the recording of the ticket the ticket, the financial payment Department allow no exceptions in the Carrier’s accounting system, and transaction, and the recording of the whatsoever. (5) a new data stream of passenger itinerary by the revenue accounting Exemptions are not the only problems boardings triggered by the Operating system of the Issuing Carrier all occur associated with the O&D Survey’s Carrier’s records from each flight simultaneously when the customer source data. Under the current rule, the segment. agrees to purchase the itinerary. Department requires the full amount 1. MIDT. Metropolitan Washington However, for itineraries sold through collected for the Ticketed Itinerary to be Airports Authority and the Airports other outlets or provided gratis by the reported even when the full itinerary Council International—North America Carrier, some of the events occur was not, which causes the reported (Docket OST–1998–4043–68) suggested simultaneously and some occur serially. portions of the itinerary to be using the GDS systems’ MIDT data as a In a handwritten ticket, all of these overvalued. For example, conjuncted source of data. The GDS MIDT records events are separate and distinct. It is tickets consist of more than four Flight- include customers’ travel schedule important to be aware of these Stages and require multiple ticket information and obtaining it from these distinctions because the Department documents. If the first reporting Carrier systems would impose a relatively small must establish its procedures and data is not the Issuing Carrier, and can view burden on industry. However, MIDT sources to be equally valid when a partial list of airports but a full fare data represent only those bookings collecting information about all amount, the identified portion of the made through the reservations systems. passengers from all Carriers with the Ticketed Itinerary will be overvalued. Tickets purchased directly from the least amount of procedural or statistical Equally troublesome, the Department Carriers and through other outlets not bias. requires the full itinerary reported, even connected to the MIDT would be if the full amount collected for the excluded. This, in effect, would create c. Problems in the Current Source of Ticketed Itinerary is not known. For an exemption for the reporting of tickets Data example, when the Ticketed Itinerary is that were not created through the GDS The Department created the current issued as a bulk ticket, the amount distribution channel, and would deflate source of O&D data for the express collected is either not shown or appears travel statistics. There is no reliable purpose of collecting the O&D Survey. as zero amount collected. Usually, a method of measuring the number of The problems that result in designating bulk ticket is reported by the Issuing Ticketed Itineraries created through an Operating Air Carrier as the Carrier, in which case the fare amount non-GDS distribution channels in order Participating Carrier have already been would be known. However, in some to gain a sense of the total number of discussed. Since the Operating Air circumstances, a passenger who Ticketed Itineraries issued. The Carrier does not always know enough possesses a bulk ticket may be diverted reliability of the O&D Survey would about the Ticketed Itinerary to report it or transferred to another carrier. Under suffer because the proportion of under- correctly, unless it is also the Issuing the current rule, should this situation reported travel to actual travel would be Carrier or the Issuing Carrier provides occur, the Participating Carrier will not unmeasurable. Even if the Department the necessary information, the know the amount of fare collected and made an estimation of that proportion, Department has been forced to code a will report the amount collected as zero the proportion of MIDT reservations as large number of reporting exemptions in dollars. a percentage of the universe of tickets the current O&D Survey methodology The Department recognizes that would fluctuate over time, which would that we now seek to eliminate. designating an Operating Air Carrier as invalidate the estimates. The current CFR grants reporting the Participating Carrier necessitates As airlines encourage more bookings exemptions for itineraries that are flown that the Department grant reporting made directly with the Carrier, the entirely on some Carriers. Every exemptions for conditions that exist number of tickets captured by MIDT is Participating Carrier transporting the when the Operating Air Carrier does not declining. Moreover, some Carriers’ passenger must examine the itinerary to and cannot know some of the data bookings are not represented in the determine whether it is the first Carrier elements. Therefore, the Department MIDT data due to almost total reliance in the itinerary that is listed by the believes that the currently designated on direct sales. These situations would Department as a Participating Carrier. reporting entity, the Operating Air cause this source of data to under-report The Air Carrier is exempted from Carrier, does not have sufficient travel in an unmeasurable degree.

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Conversely, American Airlines (Docket Even if a valid extrapolation could be Itineraries in these situations would OST–1998–4043–5) stated that many made with extensive testing, the over-report travel when duplicate TCNs reservations are never ticketed. The IG proportion of agency issued tickets as a are present. Ticketed Itineraries that are estimated the number of unticketed percentage of all issued tickets has issued for which there is no reservations at 15 percent of CRS-based continuously fluctuated and has been corresponding TCN compound the travel reservations.7 These unused steadily declining as Carriers cut costs problem. As with the unreported reservations that inflate the passenger by providing incentives to passengers to reservations in the MIDT data, Ticketed travel statistics would cause the O&D book directly with the Carrier. Itineraries created under circumstances Survey to over-report travel. The Calculating the constantly fluctuating in which a TCN is not generated result proportion of this over-reported travel to sample size, (i.e. the proportion of in under-reporting of travel. Like the actual travel would be as unmeasurable tickets issued through travel agencies as MIDT, the proportion of over-reported as the under-reported travel. It has been a percentage of all tickets issued each travel and the proportion of under- argued that the over-reporting of travel month) when the count of all tickets is reported travel are both unmeasurable might balance out the under-reporting of unknown, would be impossible. and, again like the MIDT, we cannot travel, but the extent to which that It should be noted that, in 2004, ARC assume that the over- and under- would happen is unmeasurable, leaving and several Carriers began testing a reported tickets are equivalent. the ratio of reservations to tickets sold product called the ‘‘AIA First & Final Proponents of this method advocate in a constant state of statistical Interline Billing Service’’ based on that the Department require Carriers to instability. In addition, the level of over- ARC’s Compass data warehouse. This manufacture TCNs for tickets for which or under-reporting may product might assist some Carriers who a TCN does not already exist. Mandating elect to use it to provide some O&D participation of all Carriers in what is disproportionately affect different types Survey data to the Department. This is now a voluntary TCN exchange could of markets (e.g., predominantly leisure a fundamentally different proposition constitute a significant cost for Carriers, versus predominantly business markets) than using ARC travel agent sales as the particularly those Carriers with a further reducing the validity of the sole source of data for the O&D Survey. business model that does not benefit survey for the analytical purpose it was 3. Transmission Control Number them to participate in the TCN system intended to serve. In addition, MIDT (TCN) records. Most of the Air Carriers in their usual course of business. A less data do not include information about that responded to the ANPRM either burdensome alternative for Carriers that fare or about taxes charged. Therefore, endorsed or acknowledged the do not now participate in the TCN MIDT data cannot meet the content, possibility of using GDS TCN records exchange system would be for these validity, and reliability needs of the combined with TCN records generated Carriers to format an alternate simpler O&D Survey. by the Carriers. A TCN is a record structure rather than require the 2. ARC Travel Agent Sales Data. Some supplementary record created to carry Carrier to format the TCN record. The respondents to the ANPRM suggested information about a Ticketed Itinerary simpler record would be designed that the ARC sales tapes be used as a between interested parties. The specifically for submitting data to the source of data. ARC is a clearinghouse information on a TCN record is a copy O&D Survey and would be less that receives ticket sales data from travel of the information used to create a burdensome to create than the more agency sales reports, processes those Ticketed Itinerary, but the presence of a complex TCN record, which supports sales on behalf of Carriers, and re- TCN record does not necessarily the needs of the Carriers’ passenger combines all the agency ticket data into guarantee that a Ticketed Itinerary was revenue accounting. a comprehensive set of ticket data for issued. This distinction is important. An TCNs contain sensitive personal each Carrier. The ARC ticket data is issued Ticketed Itinerary is a legal identification and financial information limited to tickets sold in North America. contract for carriage. Whereas each that, while an important component of The proponents of this method Ticketed Itinerary will generate exactly the Carriers’ accounting needs, is suggested that ARC sales could be one sale record in the Issuing Carrier’s unwanted by the Department. The supplemented with travel agent data accounting system, some Ticketed Carriers would have to purge the from other countries and regions, Itineraries will have generated multiple personal information from records prior known as BSPs, but tickets issued TCNs and some Ticketed Itineraries will to transmission to the Department. through any other outlets would, in have generated no TCN at all. Purging this data makes the TCN unfit effect, be excluded from reporting. As The Carriers’ passenger revenue for the use it was designed to serve. with the MIDT data, even if the proper accounting systems record the issuance Several respondents to the ANPRM proportion of agency issued tickets to all of a Ticketed Itinerary when the endorsed the concept of employing a valid tickets could be calculated, this company itself issues a Ticketed third party to perform this task on plan would presume that the character Itinerary or when it is notified by a behalf of the Carriers. However, of agency sold tickets would exactly travel agent that a Ticketed Itinerary Continental Airlines (Docket OST– mirror the character of tickets purchased was sold on their ticket stock. The 1998–4043–44), supported by Wayne through other outlets. For the sharing of TCN records in the industry County Detroit Metropolitan Airport extrapolation to be valid, tickets is based on the concept that the TCN is (Docket OST–1998–4043–23), pointed purchased directly from the Carriers or supplementary information about a out that the ultimate burden to through direct links via third parties Ticketed Itinerary, and it is not, itself, accurately report a ticket is on the such as Orbitz’ Supplier Link tickets a Ticketed Itinerary. The Carrier Carrier. Proposing that a third party and those purchased from other accounting systems are built to cleanse TCNs does not absolve the overseas outlets would have to anticipate that there will be missing Carrier of its ultimate responsibility to statistically mirror agency-sold tickets TCN records and duplicate TCN records properly report to the Department. The for all markets for all Carriers. in the TCN exchanges between Carriers. third party processor would have to be Accounting systems are designed to the agent of the Carriers not an agent of 7 ‘‘Passenger Origin-Destination Data Submitted handle these contingencies with a the Department because the Department by Carriers. AV–1998–086 issued Feb. 24, 1998 pp. variety of supporting subsystems. Using holds the Carriers responsible for the 33. TCNs as a surrogate for actual Ticketed integrity of the data. Thus, introducing

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a third party to purge personal data not now require the exchange of TCN adjustments would have to be would complicate the Carriers’ Ticketed Itineraries when passengers submitted so that it can be included in administrative burden because of the make significant itinerary changes the Departmental adjustment factor. added responsibility to select and to would have to create a process to Since the flow and composition of monitor a third party processor. simulate such a Ticketed Itinerary TCN’s changes from month to month The GDSs create the TCNs for exchange. and season to season, each Participating Ticketed Itineraries distributed by travel The TCN system that the Carriers use Carrier would have to calculate and agents, but the Department holds the to share data among themselves provide to the Department an accurate Carriers responsible for accurate O&D efficiently serves its intended purpose. adjustment on a monthly basis. Survey reporting. In order to improve Imposing a requirement to mold the We believe that using unverified the accuracy of its O&D Survey data, the Carriers’ TCN data exchange system to TCN’s with adjustment factors would be Department may have to require Carriers the Department’s purpose would impose a significant burden on the Participating to accept TCNs from the GDSs and a significant cost and administrative Carriers without providing the accuracy match them to their internal list of burden to the Carriers, and the the Department requires. We believe tickets to verify that a TCN and a increased volume could possibly that using TCN’s verified by actual sales Ticketed Itinerary had been created degrade some of the efficiency of the would cause a significant burden on the before reporting the itineraries to the existing TCN system. As modified, the Carrier’s existing TCN exchange system, Department. Introducing the additional Carriers’ TCN exchange system would and would also necessitate verification step would be an added be less useful for its original intent yet standardization of exchange ticketing burden. Carriers that rely on travel be less robust than the Department practices that would enable the agencies to distribute their Ticketed requires. The expense of forcing a Department to set up a system to remove Itineraries would likely find that it functioning system to adapt to a new exchanged tickets and refunded tickets would be less burdensome to create use would be unwarranted when other from the database. Neither of these two original records for its Ticketed sources of data are available. options is as compelling as the simple Itineraries, and submit them directly to United (Docket OST–1998–4043–15) requirement to report tickets verified by the Department, rather than sort through acknowledged the problem of over a sale and first use of the ticket for the GDS generated TCNs from travel counting passengers due to changed travel, and therefore, we are not agencies to determine whether any TCN routings, and refunded tickets and advocating the use of TCN records as records were missing and whether any stated that the data inaccuracies could the basis of reporting the O&D Survey. TCN records did not have a easily be addressed. ‘‘Air carriers’ Nevertheless, the Department corresponding Ticketed Itinerary. Thus, internal use of TCN reports has shown recognizes the key role of the Carrier’s should the Department use TCN that relatively simple adjustment factors TCN project in standardizing data exchange records, Carriers even that can be employed to obtain an accurate elements regarded as important to the now participate in the TCN exchange measure of actual traffic lift.’’ The Ticketed Itinerary and the industry wide system might find it less burdensome to Department acknowledges that agreement on the definitions of those simply generate O&D reporting records individual Carriers could and do use the elements. The Department seeks from their accounting system. information from the TCN exchange comment to incorporate this A TCN record contains data that are system as a substitute for actual standardized consensus to the extent a copy of itinerary data that was valid Ticketed Itinerary sales for decision possible in its proposal to revise the as of the date the record was created. support functions. When a Carrier can O&D Survey in accordance with Passengers often change plans after the use its other internal data for validation established industry practice. ticket purchase, necessitating the and its unique experience with TCNs 4. Electronic Tickets. Continental passenger initiate changes to the arriving from various sources, it could Airlines (Docket OST–1998–4043–44) Ticketed Itinerary. Some changes are find information from TCNs quite proposed that a survey consisting considered minor and Carriers, useful. However, the knowledge and exclusively of electronic tickets would typically, do not perform the exchange experience of each Carrier within its be sufficient data for the O&D Survey. transaction for minor changes. route structure and within its operating Electronic tickets are widespread in the Conversely, some subsequent changes to experience is a fundamental aviation industry and would include the the passenger’s itinerary prompt the requirement of making TCN data a majority of Ticketed Itineraries sold in generation of a new Ticketed Itinerary useful source of information. the U.S. and used on U.S. Air Carriers. in exchange for the existing one. Each Furthermore, the Carriers have the However, not all Ticketed Itineraries are Carrier makes that determination based ability to use information from their electronic. Non-electronic Ticketed on its own needs and performs the accounting systems to edit, supplement, Itineraries would, in effect, be exempt exchange transaction according to its or purge the TCN records they use as the from reporting. In addition, electronic own business practices. If the input to their decision support systems. tickets only contain information about Department uses TCN records as its The Department cannot duplicate that Ticketed Itineraries issued through a reporting mechanism, the Department’s ability nor can we duplicate each particular set of circumstances. Even if data needs would necessitate that the Carrier’s experience and knowledge of the proper proportion of electronic Carriers notify the Department of the the mathematical relationship between tickets to all valid Ticketed Itineraries intended change in travel plans. The the numbers of TCN records to the could be calculated, this plan would need for standardized reporting would, numbers of actual passengers. If the presume that the character of electronic in turn, necessitate standardization of Department does not require TCN tickets would exactly mirror the Ticketed Itinerary exchange policies in records to be verified by a sale record character of Ticketed Itineraries the industry. Carriers that exchange by the carrier prior to being submitted purchased through other means. Ticketed Itineraries would necessarily to the O&D Survey, then using TCN Interline itineraries and Ticketed have to follow the same set of decision records that are unverified by an actual Itineraries issued in foreign countries criteria in order to standardize the sale would require that the Carriers would be disproportionately collection of passenger statistics. maintain a complex set of adjustment represented in the non-electronic Carriers with business practices that do factors. Each Carrier’s experience with Ticketed Itineraries. Since these

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populations are likely to have travel valuable to know the itinerary the minimize the burden of collection on patterns that differ from the travel customer purchased than to know all of the Participating Carriers, and (3) patterns of electronic ticket holders, it is the exigencies of air travel that have minimize the effects of changes to very unlikely that the character of non- interfered with the passenger’s stated itineraries over time, as well as the electronic Ticketed Itineraries would be travel intention. American Airlines specific modifications required of that mirrored in electronic tickets. The level (Docket OST–1998–4043–5) and US data source. Comments should also of over-reporting or under-reporting Airways (Docket OST–1998–4043–7) specify the costs and benefits of using could disproportionately affect different commented that there would likely be an existing source of industry data, types of markets (e.g., predominantly an undesirable time lag incurred in including the costs and benefits of leisure versus predominantly business obtaining, reassembling, and processing modifications to the existing data source markets), further reducing the validity acceptable accurate Flight-Coupon Stage to meet the three criteria described of the survey for the analytical purposes information. The Department believes above. it was intended to serve. Even if we that the potential problems of gathering f. Designating the Issuing Carrier as the could validate the extrapolation of the data from multiple sources, the Participating Carrier known electronic ticket data to expense of building the database for re- unknown non-electronic Ticketed assembling the itinerary data from the The Port of Portland (Docket OST– Itinerary data, the proportion of multiple sources, and the potential 1998–4043–19) recommended that the electronic tickets as a percentage of all undesirable time lag associated with selling Carrier be incorporated into the issued Ticketed Itineraries would such a system render the use of this data O&D Survey. The Department prefers continuously fluctuate. Calculating the source for the O&D Survey impractical. the term ‘‘Issuing Carrier’’ to ‘‘selling constantly fluctuating proportion when Carrier’’, since some Revenue e. Review of Existing Data Sources the count of all Ticketed Itineraries is Passengers travel on Ticketed Itineraries unknown would be impossible. By far the least intrusive way of for which no funds change hands. 5. Actual Passenger Transportation. obtaining aviation data from the Nevertheless, we believe this suggestion Many of the airports that responded to industry is through the use of existing has merit. This suggestion would the ANPRM advocated that the Carrier sources of industry data. Each of the require creating a dedicated source of that operates the passenger’s flight existing sources of data the respondents data such as the current one the perform the O&D Survey reporting as suggested as a source of data for the Department requires from the Operating each flight takes place. However, the O&D Survey provides information at Air Carrier. It has several advantages, Carrier that transports the passenger minimal cost to the Carriers. However, notably the simplicity of gathering does not always have the itinerary none is a comprehensive source of information from the Issuing Carrier. A information that would make it possible information and therefore fails the test data source created by the Issuing to determine the True O&D of the One- of accuracy, reliability, and Carrier easily meets two of the three way Trip from any given passenger completeness. In investigating each criteria for selection of an appropriate flight segment. Even if it did, proposed data source, the Department data source for the O&D Survey (See operational problems, weather has considered the possibility of Section I.3—O&D Survey Redesign: problems, and an uncountable variety of supplementing each data stream. Reporting Requirements). The data human errors or situations involving However, the effort required of the quality concerns, criterion number one, airport security or even city traffic Carriers to supplement the data to are minimized because the Issuing beyond the passenger’s control can enhance the quality adds complexity Carrier has the most accurate and affect the way a passenger completes and cost. In every case, the data still fall reliable knowledge of the passenger scheduled travel. The supporters of this short of OMB guidelines for ensuring itinerary. The burden on the Carriers, technique did not suggest a method to quality of information disseminated by criterion number two, is less than the reassemble the various segments of a Federal agencies. burden heretofore placed on the single passenger’s journey, reported at Furthermore, Carrier participation in Operating Air Carrier because it various times by multiple Carriers, into these sources of data is not universal. removes the burden of requiring the a coherent One-way Trip. Diverted The Department’s use of any of those Operating Air Carrier to obtain flights, delayed flights, and lost flight data sources would, effectively, information from the Issuing Carrier envelopes would make it impossible to mandate Carrier participation in before reporting the itinerary. The decipher the intended One-way Trip processes in which they have chosen changes that take place in an itinerary without a lift/sale match system. not to participate to date, or have over time, criterion number three, Carriers that have built lift/sale match participated at a very low level. remain a concern, depending on when database systems have found it to be a Moreover, a Carrier’s level of the data is copied for submission to the long and expensive undertaking. United participation in the selected data source O&D Survey. In all sources of data, a Air Lines (Docket OST–1998–4043–15) might result in varying levels of change that takes place after triggering commented that it firmly believed that representation of its passengers in the the reporting event is invisible to the reconciling to actual lift was both data reported to the O&D Survey. This O&D Survey. difficult and unnecessary. would disproportionately disadvantage The Department believes that a particular Carrier, or group of Carriers. g. Issuing Carrier’s Ticketed Itineraries construction of a lift/sale match system The Department seeks comment as to at the Time of Sale on an industry-wide basis would be a whether the O&D Survey can be We considered an O&D Survey design significant burden for both the satisfactorily revised by reusing another that requires the Issuing Carrier to Department and the Carriers, which collection of industry data compiled for report the Ticketed Itinerary triggered at would not be offset by the benefits. a purpose other than the O&D Survey the time when the Ticketed Itinerary is Moreover, for purposes of analyzing (e.g. TCN, MIDT, ARC, etc.). Comments entered into its passenger revenue traffic flows and understanding market should specify the extent to which the accounting system. Depending on the size and characteristics (the primary existing industry source of data will (1) Carrier, from zero to five percent of uses of the O&D Survey), the maximize accuracy, reliability, Ticketed Itineraries issued are refunded, Department believes that it is more completeness, and non-bias, (2) and between five percent and 20 percent

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of Ticketed Itineraries are changed after reporting system to both industry and it is not reasonable to ignore all data the itinerary is issued. The Department government. Recording all of these from the outbound portions of Ticketed considered ignoring refunds and changes would appear to increase the Itineraries that describe travel that is changes subsequent to the issue date, accuracy of the statistics, but would spaced more than one month apart. but determined that doing so would require considerably more effort and Therefore the first use of a Ticketed introduce unacceptable unreliability. expense from the Carriers and impose Itinerary is the last reasonable and The number of refunded tickets is small, dramatically more effort, complexity, unambiguous event that can be used as but five percent of issued tickets are not and expense on the Department. The a reporting event. inconsequential. The itinerary changes Department must consider the The first use of the Ticketed Itinerary pose a more significant problem. possibility that the increase in for travel is the triggering event for Carrier systems handle passenger- complexity may increase the incidence reporting in the current O&D Survey. initiated changes to a Ticketed Itinerary of errors that would, in reality, decrease Refunds and reissued tickets that occur in two ways. In some cases the change accuracy. Finding and removing subsequent to the reporting event are will be noted in the existing itinerary previously issued Ticketed Itinerary currently ignored. Fortunately, the record, and in some cases the change from the data would be similar in numbers of refunds and exchanges that will cause a new Ticketed Itinerary to be complexity to matching lifted flight take place after a passenger has already issued in lieu of the previous one. coupons to Ticketed Itinerary records. begun the journey are extremely low. When the existing itinerary is The ANPRM comments by American Whereas we have accumulated ample changed after it has been reported, then Airlines (Docket OST–1993–4043–5) evidence that naming the Operating the changes will not be reported to the and US Airways (Docket OST–1998– Carrier as the Participating Carrier is the O&D Survey. Once the O&D reporting 4043–7) indicate that the attempt to root of many of the reporting problems criteria are encountered, the match the sale and actual use would be found in the O&D Survey, we have no Participating Carrier copies the time consuming as well as complex. accumulation of evidence that indicates information to a submission record and Therefore, the Department believes that that the first use of the Ticketed subsequent changes are invisible to the maintaining multiple reporting events Itinerary for transportation is unsuitable O&D Survey. In some cases, however, a for the same Ticketed Itinerary would as the trigger for the reporting event. new Ticketed Itinerary is issued in interfere with the Department’s goal of The Carriers have confirmed that the exchange for the previous one, and the processing and disseminating data in a preponderance of refunds and Department would have to formulate a timely fashion. In light of the significant exchanges take place prior to the first policy to address these cases. Unless the complexity, significant cost, the risk of flight, and the Department deems the original Ticketed Itinerary is removed introducing reporting errors, and the small number of missed itinerary when the newly issued itinerary is risk of introducing timing delays, the changes due to subsequent refunds and added, the passenger is counted twice Department is not proposing to travel changes to be marginal. The Air when the reissued Ticketed Itinerary is undertake a nation-wide ticket database Carriers have indicated that the most reported to the O&D Survey. There is matching system to track changed common change request that occurs inconsistent handling of data between itineraries. However, we seek comment after the commencement of travel is for Carriers that issue new tickets in from industry and the public on the a different return flight that is within a exchange for the previous tickets and merits of these issues. few hours of the original. Therefore, the Carriers that alter tickets in place. If the Department has concluded that the reissued ticket is ignored, then it h. Issuing Carrier’s Ticketed Itineraries designation of first use of the ticket for becomes, in effect, an exempted ticket. at the Time of First Use travel should continue to serve as the The Department considered requiring An alternative to tracking multiple trigger for the reporting event. that Carriers provide the Department changes to a Ticketed Itinerary is to with the identifiers of refunded delay the reporting of the itinerary until i. Proposed Source of Data for the O&D Ticketed Itineraries and identifiers of the last acceptable point at which a Survey Ticketed Itineraries that were replaced reliable trigger for a reporting event can The Department agrees with the Port in an itinerary reissue transaction so be designated. The last unambiguous of Portland (Docket OST–1998–4043– that these could be removed from the event that can reasonably be used as a 19) that the selling/issuing Carrier data and the new Ticketed Itinerary reliable trigger for reporting is the first should be incorporated into the O&D entered instead. The undertaking would use of the Ticketed Itinerary. The final Survey. Standard industry accounting be the equivalent of a nation-wide ticket use of an itinerary is not acceptable as practices require that the Issuing Carrier database matching system, and would a reporting event trigger because many hold the passenger’s funds in an involve the Department in the months can separate the first use of a unearned revenue account until the accounting details of the revenue Ticketed Itinerary from the final use. If passenger flies, or exchanges or seeks a accounting peculiarities of each of the the Department collects data at first use, refund, of one or more of the Flight- Participating Carriers. The diversity of we can hold the information about Coupon Stages. The Operating Carrier the Carrier business models is reflected subsequent flights until the appropriate notifies the Issuing Carrier when the in the diversity of their passenger month for the Flight-Stage of travel to be Operating Carrier transports the revenue accounting procedures, which disseminated. If the Department collects passenger on a Flight-Stage. When the would necessitate that correspondingly data at final use, we would be Operating Carrier is the Issuing Carrier, complex procedures be in place at the confronted with knowledge of Flight- the notification is an internal Department to handle the various Stages that occurred from one to 11 transaction; when the Operating Carrier situations that arise from each airline months earlier. It is not a reasonable and the Issuing Carrier are different passenger revenue accounting system. alternative to hold the reporting of all companies, the notification is an The Department believes processing data for 11 months in order to collect external transaction. In either case, the itinerary changes after the reporting data from Ticketed Itineraries with Issuing Carrier is notified that an event would greatly compound the widely spaced travel, it is not Operating Carrier has transported a complexity and substantially increase reasonable to be constantly updating passenger on a Flight-Coupon Stage. the expense of the O&D Survey data that has already been released and The Issuing Carrier will have knowledge

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of the triggering event—the first use of reporting because the Participating 4. Significant Issues Related to the Data the Ticketed Itinerary for travel— Carrier is the Issuing Carrier. The most To Be Collected because worldwide industry accounting cost efficient method of reporting is to a. Proposed End to Sampling practices already dictate that the enable the sale/lift match procedure to Operating Carrier notify the Issuing copy the requisite data as soon as the There are several factors that support Carrier that passenger travel has taken Issuing Carrier realizes that the lifted the redesign of the current sample place. Moreover, the Issuing Carrier is Flight-Stage coupon is the first use of selection procedures. There are concerns with bias related to the current the only Carrier that has full knowledge the Ticketed Itinerary for travel. This is sample. The current rule requires a of the Ticketed Itinerary, fare, and taxes. a single, clearly identifiable reporting Ticketed Itinerary to be selected when Therefore, the Department proposes that event. the O&D Survey (1) continue to require the Ticketed Itinerary number ends in a dedicated reporting file format, (2) Usually, the knowledge that a zero. This methodology assumes that all continue to use the Ticketed Itinerary as Ticketed Itinerary has been issued Carriers use ticket numbers, and it the source of data, (3) continue to use precedes the first evidence of use of the assumes that ticket numbers are the first use of the ticket to travel as the Ticketed Itinerary in a Carrier’s randomly distributed (i.e., that each trigger for the reportable event, but (4) passenger revenue accounting system. passenger has an equal chance of designate the Issuing Carrier as the However, the Department recognizes obtaining a Ticketed Itinerary number reporting entity. that information about the Ticketed ending in a specific digit). When the The change in designated reporting Itinerary’s issuance sometimes arrives O&D Survey was established, these entity from Operating Carrier to Issuing after the evidence of first use. This assumptions were, in all likelihood, Carrier, while keeping the same happens most frequently in itineraries valid. All Participating Carriers used reporting event trigger, has significant sold in foreign countries. Although the carefully controlled and guarded ticket advantages. For Carriers that operate reporting event trigger remains the stock that was pre-printed with ticket only as Franchise Code-Share Partners passenger’s use of the ticket, the numbers. There was little incentive to on behalf of larger Mainline Partners Department’s intent is to obtain the best deviate from the simplicity of taking and do not issue tickets on their own possible data. Therefore, we propose each ticket sequentially from the box for each new customer. Thus, drawing a ticket stock, the task of reporting the that the Participating Carrier match the sample of tickets ending in zero lent Code-Share passengers will shift to the first evidence of flown use with the itself to obtaining a random 10 percent respective Mainline Partners. For information from the Ticketed Carriers that do not interline passengers sample of the passengers. Itinerary’s issuance by whatever means with other Carriers, the Department At least one Participating Carrier that the Issuing Carrier creates the match in anticipates that the change in reporting uses ticket numbers on standard agent entity will require very little change in its normal course of business. The tickets is aware that ticket numbers current procedure beyond gathering the itinerary must be reported when the ending in a zero constitute 11 percent of additional data elements. This change is Issuing Carrier’s accounting system their total Ticketed Itineraries, but does a significant improvement for carriers resolves the problem. Monitoring for not know the cause of the variance from that maintain interline agreements first use includes interline billing the expected 10 percent. Ticket numbers because tickets from re-accommodating notification that a Flight-Stage coupon are assigned to travel agencies and passengers as a result of irregular was used for transportation on another Carriers in blocks of assigned numbers. operations represent a large portion of Carrier, including those that were flown When a ticket distributor (a ticket the most troublesome and time on other Carriers as a re- agency or Carrier itself) uses preprinted consuming itineraries to report. Under accommodation. ticket number stock, then the actual this proposal, responsibility for The Department believes that ignoring paper tickets are physically delivered to reporting the itineraries of those re- itinerary changes after the the entity that distributes the Ticketed accommodated passengers will go to the commencement of travel is an Itineraries. In the air travel industry today, the use of preprinted paper ticket Issuing Carrier. acceptable trade off for the simplicity stock is very low. The ticket distributors The most significant advantage of the and lower cost of reporting. Continuing are assigned a set of numbers that are change in reporting responsibility for the practice of ignoring itinerary applied to Automated Ticket and interlining Carriers is that the changes subsequent to the identification of the Carrier with the Boarding Pass (ATB) ticket stock and a commencement of travel is consistent responsibility to report data is no longer set of numbers that are applied to with the current O&D Survey. This will ambiguous. The current system requires electronic tickets. The basis of sampling minimize disarticulation that will occur each itinerary to be scanned to every Ticketed Itinerary with a number determine whether it is apparent that in the transition from the old O&D ending in zero assumes that ticket another Participating Carrier has already Survey data to the proposed O&D numbers continue to be assigned reported the Ticketed Itinerary. This is Survey data. The Department seeks sequentially to passengers, but there is a complex task that requires comment from the industry and the no guarantee that this assignment examination of the itinerary for the public as to the advantages or process is followed by all ticketing presence of other Participating Carriers disadvantages of changing the reporting systems. scheduled earlier in the itinerary. The source or changing the reporting event. Members of a travel group, such as an task requires knowing whether the other We request that recommendations of inclusive tour group, might be assigned Carriers present are Participating alternative reporting sources or ticket numbers in some systematic way, Carriers and whether there are any code- alternative reporting events discuss the such as grouping them according to the share relationships to be considered. explicit and implicit reporting final digit of their ticket numbers. Such The current O&D System discourages exemptions inherent in the use would invalidate the Department’s early reporting because Issuing Carriers recommended source of data, and the assumption that each passenger has an must have sufficient time to send data efficacy of processing itinerary changes equal chance of being assigned a ticket to the Participating Carrier. This that may take place after the triggering number ending in zero. We are unaware proposed O&D Survey encourages early of the recommended reporting event. of any practice of systematic group

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assignment of ticket numbers to passenger count is low, such as small studying markets with lower than Ticketed Itineraries other than random city markets. Increasing the sample size average traffic volume. assignment, but we are also unaware of would enable more precise The Department considered the a prohibition on such assignment of measurement of smaller markets. possibility of reducing the cost of the numbers. However, detecting a 10 percent change O&D Survey by creating a sample that However, currently, three with 95 percent confidence in a study would collect less data overall and still Participating Carriers have requested of a market with an estimated total of fulfill the data needs of the users of the permission to use non-standard 10,000 passengers would require a 24.4 O&D Survey. Ideally, the Department sampling under the current O&D Survey percent sample. could reduce the cost of collection by rules because these Carriers do not The Essential Air Services program obtaining samples of varying sizes assign traditional ticket numbers to their (EAS) and the Small Community Air depending on the markets to be studied. Ticketed Itineraries. Because some Service Development Program are the To achieve that efficiency, a system of Carriers do not use ticket numbers, and two primary examples illustrating the assigning various sample sizes to because there is no longer a compelling Department’s need for more corresponding market sizes would need reason to believe that ticket numbers are comprehensive data. These programs to be established. The Department could assigned sequentially, or assigned are focused on smaller markets and develop an algorithm where samples randomly, the Department proposes to require evaluation of service and fares. larger than 10 percent could be drawn discontinue the use of ticket number as Under EAS, the Department determines for those markets where the 10 percent a determinant of a 10 percent sample of the minimum level of service required sample is inadequate. The process of Ticketed Itineraries. at each eligible community, by increasing the sampling rates Even if it were possible to draw an specifying (1) a hub through which the disproportionately for relatively rarer unbiased 10 percent sample, a 10 community is linked to the national subgroups, in order to have adequate percent sample is inadequate for network and (2) a minimum service sample sizes for estimation, is called fulfilling the Department’s mandates, level in terms of flights and available oversampling. particularly with respect to programs seats. Where necessary, the Department In order to oversample specific designed to foster air service to small pays a subsidy to a U.S. Air Carrier to itineraries based on selected communities. The IG (AV–1998–086, ensure that the specified level of service characteristics, the Carriers will have to page 26) stated ‘‘in these ‘thin’ markets, is provided. The Federal government know those characteristics for every the number of passengers, and therefore budget for EAS exceeds $100 million individual itinerary. A collection of all sample tickets, is relatively small. As a each year. the eligible units that have a known result, errors from a 10% sample are All but a handful of the EAS markets probability of sampling, along with the likely to be significant so that the are less than 20,000 passengers characteristics that will be used to draw sampling results are unreliable.’’ The annually, and the majority of EAS the sample, is known as a sampling Department has calculated that using a markets are less than 10,000 passengers frame. Thus, a sampling frame of all valid, random, 10 percent sample, the annually. While decisions about EAS itineraries with the relevant sampling smallest market in which a 10 percent markets could be made at confidence variables (characteristics that would change in the market could be detected levels much lower than 95 percent, the determine the oversample such as with 95 percent confidence is a market Department has long acknowledged that arrival and departure airports and date of approximately 29,000 passengers. the 10 percent sample is not sufficiently of travel) must be assembled. Once this The fourth quarter 2003 O&D Survey valid for use in monitoring the EAS was done, each Carrier would have to measured 94,347,000 Directional O&D program. The candidate Carriers provide apply the different sampling rates for passengers accommodated on 31,385 fare and destination information to the the different subgroups and draw the routes in the 48 contiguous states in that Department as part of the application sample. quarter. Of the 31,385 routes, 754 (2.4 process. The O&D Survey is not Finding a reasonable way to percent) had 29,000 or more passengers generally used to validate or refute the oversample subgroups to obtain in the quarter. This means that the Carriers’ assertions because the sample estimates for all affected markets would Department can measure a 10 percent size of 10 percent is not sufficiently be difficult. The Carriers submit data in change in passengers with 95 percent accurate. Aggregating data to an annual the form of Ticketed Itineraries to the confidence from quarter to quarter on basis from a quarterly basis increases O&D Survey. Airport pairs of varying only 2.4 percent of the total number of the validity of the O&D Survey data. sizes and combinations appear on a routes in the 48 contiguous states. However, even on an annual basis, for single Ticketed Itinerary. Collecting the When researching a market with most EAS decisions, increasing the portion of the Ticketed Itinerary that multiple airlines, the minimum number sample size to 24.4 percent is still corresponds to the specific sample size of passengers must exceed 29,000 on insufficient to validate the Carriers’ for that market is a complicated task. In each airline in order for the research to assertions with a high level of April 1986, Department regulations attain this level of validity. There are confidence. began allowing a stratified sample, but considerably fewer than 754 routes While EAS and the Small Community continued to collect data by collecting wherein all the Carriers are transporting Air Service Development Program whole itineraries instead of portions of 29,000 passengers. These 754 routes specifically focus on markets served by itineraries appropriate to the stratified accounted for more than half the total smaller carriers, the Department’s sample. The rule stated that large passengers traveling between the 48 statutory responsibility to adapt the air markets were to be sampled at one states in that quarter, but the transportation system to the present and percent when the Ticketed Itinerary Department’s mandate to adapt the air future needs of commerce is much more consisted of travel only within that large transportation system to the present and extensive than the needs of the EAS market, and all itineraries that included future needs of commerce requires the program. Because these markets are travel to any other destination, or study of many of the remaining 97.6 inadequately represented in the current combination of destinations, were to be percent of routes. Of the remaining 97.6 O&D Survey, the Department’s mandate sampled at 10 percent. All Participating percent of markets, those that suffer the requires a disproportionately high Carriers decided that the simplicity of most distortion are ones where the amount of time and resources in using a single reporting selection

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criterion outweighed any savings that market. In comparison, we believe that address the goals of efficiency and might accrue from sending the smaller sending the entire census of itineraries accuracy. The sample design should volume of data. This illustrates the will be simpler and much less ensure that there are enough sample Department’s position that due to the burdensome than stratified sampling for cases for reliable information about technical complexities and additional Participating Carriers. small markets. The Department seeks burden for the Issuing Carriers The Department has considered comment regarding the continuation of associated with differential sampling conducting a census for small markets a sampling methodology, and requests rates, it is less burdensome for and a sample for the remaining larger that these comments make detailed Participating Carriers to apply a single markets. Any parallel system of proposals on methods of revising the sampling rate. Given the need for details differential sampling, whether it is in sampling. Proposals should suggest a on all smaller markets, the only one single survey or multiple related probability sample based on established sampling rate that will lead to the surveys, will lead to a greater burden on sampling theory, including methods of fulfillment of both the Department’s and Carriers due to the need for a sampling estimating the variance and taking into industry’s needs is a census or 100 frame with all the necessary sampling account the nature of the missing data. percent sample. variables. However, the cost to The proposed methodology must give Furthermore, as market sizes change Participating Carriers would increase all members of the target group a known over time, the designated sample size considerably because two systems non-zero probability of being for a market would have to be adjusted. would be required. Participating represented in the sample taking into Determining market size is not a simple Carriers declined use of multiple sample consideration the tremendous variations operation. In effect, Ticketed Itineraries rates in 1986, citing the relatively low in relevant Carrier business models and have multiple components. In Ticketed expense of transmitting additional practices, geographic markets, and sales Itineraries that include outbound and records compared to the relatively high distribution outlets. return travel that are scheduled to be at expense of additional computer least 30 days apart, the return portion of programming work. Since the relative b. Effect of Proposed Changes on Small travel is reported at least 30 days in cost of storage and transmission of data Entities advance. Ticketed Itineraries would be has continued to decline, especially The development of hub-and-spoke sampled at the rate that was in effect compared to the increasing cost of networks increased the demand for when that Ticketed Itinerary was programmers, we believe that the small- and medium-sized aircraft to feed reported. When the designated sample increased complexity of applying the hubs, which, in turn, over time size for one component of the itinerary multiple sampling rates would be far fostered the growth of the Carriers is adjusted based on changes in that more burdensome to Participating specializing in the operation of these market, Ticketed Itineraries reported Carriers than keeping a single O&D aircraft. Regional Carriers have before the change would be sampled at reporting system. substantially changed their business the rate in effect before the change, but The sampling process must be model to one heavily based on the ‘‘fee the Ticketed Itineraries that were changed in order to draw an unbiased for departure’’ service in which a larger reported after the change would be sample. Yet, there is evidence that a 10 Mainline Partner pays the regional sampled at the rate that was in effect percent sample provides insufficient Carrier for operating flights under a long after the change. The sampling at accuracy for the needs of the term contract using the Mainline Partner differential rates would occur for up to Department and other users of the O&D branded livery. The Mainline Partner 11 months, which is the number of Survey data. Using multiple sampling typically assumes all responsibility for months a Ticketed Itinerary can be sold rates adds undue burden upon pricing, selling, marketing and in advance of travel. Participating Carriers. Because the inventory management for its regional Users of the data in those changing airline ticketing and accounting systems partner’s flights. However, most markets would have to find a way to are all computerized, the Department importantly, the Mainline Partners have properly account for varying sample feels that a census would be the most assumed the role of Issuing Carrier for sizes for Ticketed Itineraries submitted efficient and least burdensome solution the Ticketed Itineraries issued to before and after the market sample size for the Participating Carriers and the passengers for travel on their regional was adjusted. Therefore, even if a way Department. We therefore propose to partners. The passengers on these could be found for the Participating end the sampling process and begin the smaller Carriers represent a significant Carriers to report portions of Ticketed collection of 100 percent of Ticketed portion of the passengers worldwide Itineraries appropriate to the stratified Itineraries. although, historically, most have not sample, the changes in market size over The Department is willing to been obligated to report passengers to time could make the data very difficult reconsider sampling, subject to the O&D Survey. to use. Even if the Carriers were able to comments from the industry and the It is common now for a regional implement such a sample design, the public regarding the suitability of Carrier, operating as a Franchise Code- complexities associated with weighting continuing to use a sample. The Share Partner, to acquire jet aircraft make a sample less attractive for Department’s data collection guidelines having 60 or more seats on behalf of one Carriers, the Department, and other state that data collection of 100 percent of its Mainline Partners and thereby stakeholders. The Participating Carriers of the population of inferences is the acquire O&D Survey reporting status for would have to provide data about the most accurate approach, but that the all its flights for all its Mainline entire sampling frame in order for the cost of collection and other resource Partners. More often than not, however, Department to create correct sampling restrictions should be considered when the Franchise Code-Share Partner is not weights. These sampling weights are making this decision. If the cost of in a position to report passengers necessary when a sample of itineraries collection and transmission of 100 because the ‘‘fee for departure’’ is selected instead of all itineraries. percent of Ticketed Itineraries is arrangements leave the necessary Sampling weights would be necessary to unacceptably high, then a sample design passenger data in the hands of its ensure that the O&D Survey provides based on sampling theory, making use Mainline Partners. Currently, the larger accurate estimates of the total number of of a methodology other than ticket Mainline Partner typically prepares the itineraries nationally and for each number for selection, will be needed to O&D Survey report on behalf of the

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Franchise Code-Share Partner and sends understand passenger flows, it is crucial 4043–33), Norfolk Airport Authority it to the Franchise Code-Share Partner, to include in the O&D Survey (Docket OST–1998–4043–31), which in turn forwards it to the passengers traveling on Carriers that Northwest Airlines (Docket OST–1998– Department. The Department’s operate aircraft with fewer than 60 seats. 4043–49), The Port Authority of New designation of the Operating Air Carrier The opinions provided in the York and New Jersey (Docket OST– as the Participating Carrier requires the responses to the ANPRM varied widely 1998–4043–25) (the latter in Mainline Partner and the Franchise regarding the point at which a regional conjunction with the $1,000,000 cutoff Code-Share Partner to take these Carrier’s passengers are no longer mentioned above) endorsed 10-seat additional steps to get the appropriate significant enough to be counted. The aircraft as the criterion for reporting. data transmitted by the Participating Regional Airline Association (Docket The National Transportation Safety Carrier, adding cost and complexity OST–1998–4043–11) stated that any Board (Docket OST–1998–4043–48) while providing no added value. Carrier with annual revenues of $20 provided the most rigid When a regional Carrier negotiates million should report its tickets. ALPA recommendation. It recommended that code-share arrangements with two or (Docket OST–1998–4043–18) every U.S. certificated Air Carrier more Mainline Partners, the Franchise recommended a $10 million cutoff. The should report regardless of size, even air Code-Share Partner may qualify for Port Authority of New York and New taxis. reporting because of the acquisition of Jersey (Docket OST–1998–4043–25) The Department believes that moving an aircraft operated on behalf of one of would set the revenue cutoff at $1 the threshold of reporting from its Mainline Partners. Once qualified as million so long as the Carrier did not operators of 60-seat aircraft to operators a Participating Carrier, however, it must operate any aircraft with more than ten of 15-seat aircraft will not be a begin reporting all passengers for all seats. The Allied Pilots Association significant reporting burden on small Mainline Partners. This causes added (Docket OST–1998–4043–16) Carriers if the reporting responsibility is complexity to be placed on all Mainline recommended defining the threshold as shifted to the Issuing Carrier. Since the Partners, even if the regional Carrier any carrier operating aircraft having at majority of small Carriers are not Issuing does not fly 60 seat aircraft for all its least 30 seats and transporting at least Carriers, under the proposed system Mainline Partners. Even worse, 100,000 annual passengers. Delta Air they would not be required to report the relinquishing its aircraft of more than 60 Lines (Docket OST–1998–4043–21) and O&D Survey. Nonetheless, small seats returns a regional Carrier to non- US Airways (Docket OST–1998–4043–7) Carriers, such as non-scheduled air taxis Participating status for all its Mainline both recommended that any passenger and other similarly small operations, Partners. In the past, the increase and carried on a jet aircraft should be represent a significantly different decrease in the volume of Ticketed reported. Los Angeles World Airports transportation market. The Department Itineraries being reported as a result of (Docket OST–1998–4043–28) acknowledges that passengers in this acquisitions and divestitures of larger or recommended using a revenue market must be measured differently smaller aircraft have created significant threshold or a given number of flights in than the passengers in the global problems for users of the O&D Survey lieu of the size of aircraft the Carrier scheduled air transportation market. We data. operates, but left the calculation of the do not wish to burden the truly small The responses to the ANPRM specific threshold to the Department. airline operations serving local needs. expressed the unanimous opinion that Metropolitan Washington Airports Rather, the Department wishes to reduce the exemption for small Carriers Authority (Docket OST–1998–4043–38) the ambiguity in the definition and requires significant revision. Northwest recommended reporting by Carriers that classification of a Participating Carrier. Airlines (Docket OST–1998–4043–49) operate aircraft with 25 or more seats or Moving into and out of the Participating stated that smaller aircraft are serving that are owned by Participating Carriers. Carrier classification over time is meaningful markets. The City of Oakland International Airport (Docket problematic for both the Carrier Chicago (Docket OST–1998–4043–27) OST–1998–4043–14) and R.W. Mann & concerned and the users of the O&D pointed out that the 60-seat limit is Company (Docket OST–1998–4043–13) Survey. Therefore, we propose that (1) irrelevant and outmoded. Los Angeles both recommended a proposal similar to Carriers flying strictly intra-state World Airports (Docket OST–1998– the Metropolitan Washington Airports service, (2) Carriers flying no aircraft 4043–28) noted that some Carriers are Authority proposal, but both used 30 with 15 or more seats, (3) non- important to an airport regardless of seats as the cutoff, and both believed scheduled air taxi service, and (4) non- whether they meet current reporting that code-share Carriers should report scheduled helicopter service will criteria. The Regional Airline regardless of their Mainline Partner’s continue to be exempt from reporting Association (Docket OST–1998–4043– position. Daniel Kasper (Docket OST– the O&D Survey. 11) in its ANPRM comments objected to 1998–4043–62), an industry analyst who the 60 seat rule stating, ‘‘It is clear that filed a response, echoed the 30-seat c. Timeliness of Reporting for the U.S. regional airline industry, the cutoff, but recommended that operators Respondents representing all current data collection process is both of 30-seat aircraft would only have to constituencies indicated that the erratic inappropriate and inconsistent. The report if they transported 100,000 publication schedule maintained by the current structure of reporting rules and annual passengers. Wayne County and Department was a problem. The Allied regulations offer what the Association Detroit Metropolitan Airport (Docket Pilots Association (Docket OST–1998– considers to be an approach to OST–1998–4043–23) was even more 4043–16), Back Associates, Inc. (Docket information gathering that is out of step stringent, recommending that Carriers OST–1998–4043–3), the City of Chicago with the current operating environment transporting 100,000 annual passengers, (Docket OST–1998–4043–27), and for regional airlines.’’ It further stated, operating under a code-share agreement United Air Lines (Docket OST–1998– ‘‘A vestige of a bygone era, the 60-seat with a Mainline Partner, or operating 4043–15), among others, noted the distinction is ill-suited to the regional aircraft with 15 or more seats should delays in the release of data. United Air airline industry of today, but perhaps report. American Airlines (Docket OST– Lines cited the timeliness of the data more importantly, that envisioned for 1998–4043–5), the City of Chicago release as the most important factor the the future.’’ The entire aviation (Docket OST–1998–4043–27), John Department could address to make the community has noted that, to Brown Company (Docket OST–1998– data more useful. Both Carrier and non-

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Carrier respondents indicated that the published in Passenger Origin- certify the accuracy of the data data should be released on a monthly Destination Survey Directives issued by submissions. The Participating Carrier schedule instead of a quarterly the Department. will also supply the name and contact schedule. information for its Designated Carrier d. Data Monitoring The Department is aware that each Liaison, who will have the Participating Carrier must verify its Guidelines in the Paperwork responsibility for resolving day to day Issued Ticketed Itineraries that were Reduction Act of 1995 direct agencies to operational issues with the Participating first used for travel during a reporting develop information resource Carrier’s submitted data. month. It is our understanding that the management procedures for reviewing The Department proposes to collect majority of Participating Carriers will and substantiating the quality of and record information from Carriers require some period of time, following information before it is disseminated. from time to time that the Department the end of a month, for this verification The IG (AV–1998–086) found that a lack deems necessary to adequately monitor process. However, the erratic receipt of of quality control by Carriers was the Carrier’s data submissions. The data from Participating Carriers affects responsible for chronic inaccuracies in requirements will be published in the the O&D Survey. In the responses to the the Department’s release of data to all Passenger Origin-Destination Survey ANPRM, the most common request after stakeholders. For example, BLS Directives issued by the Department, removal of the 60-seat Carrier produces the all-items CPI, an important although this Carrier-provided exemption and reporting exemption for economic indicator which includes an information will be kept confidential. Foreign Air Carriers was to improve the airfare index. BTS has begun publishing The information retained in this manner Department’s monitoring of the data that a quarterly experimental research air includes, but is not limited to: (1) The is received. The Port of Portland (Docket travel price index (ATPI) that uses O&D Carrier’s IATA Issuing Carrier numeric OST–1998–4043–19) stated this Survey data. When monthly O&D code, also known in the industry as the succinctly: ‘‘Enforce data quality Survey data become available, BTS Carrier’s three-digit code; (2) The standards by filing carriers’’. The intends to forward its ATPI to BLS for Carrier’s Airline Designator, also known possible inclusion in the CPI. Because Department will, therefore, initiate a in the industry as the Carrier’s two BLS requires all index components to be rigorous process of monitoring and character code; (3) The name and submitted no later than the fifth day of enforcement to maximize the quality of contact information of the Designated the month following the reference the data submitted to the Department. Company Officer who certifies the month, we are considering requiring It is too early in the planning process accuracy of the data; (4) The name and each Participating Carrier to submit to discuss specific data quality contact information of the Designated O&D Survey data for each month no monitoring. However, the Department Carrier Liaison who resolves operational later than the 5th day of the following proposes to establish mechanisms to submission issues; (5) The means, month so that BTS can submit its ATPI monitor (1) the timeliness of Carrier method, and timing the Carrier has within the time constraints of the CPI submissions and (2) the composition of production schedule. Under this option, submitted Ticketed Itineraries to selected for data submission; (6) The we would permit daily, weekly, and/or ascertain the reasonableness of a source and accuracy statement that monthly data submissions by Carrier’s reporting. The Department will discloses the Participating Carrier’s (a) Participating Carriers. We are aware that adopt a basic standard of quality and data source, (b) data collection weekly reporting cycle for travel agents take appropriate steps to enforce the methodology, and (c) measures to assure would cause some passengers who quality criteria subject to an acceptable data quality; and (7) The methodology purchase air travel near the end of the degree of imprecision. Some late the Carrier uses to convert foreign month and fly within the month to reporting of itineraries will be expected, currencies into U.S. Dollars. remain unreportable on the fifth day of and, therefore, the degree of promptness f. Licensed Foreign Air Carrier the month due to missing information and precision that is tolerated may be Participation about the sale of the Ticketed Itinerary. reduced or increased depending on the We seek comment on the costs and circumstances. Established guidelines While foreign ownership restrictions benefits of requiring Participating and methods will be made publicly have led the world’s Carriers to share Carriers to submit O&D Survey data for available and uniformly enforced. The the task of transporting passengers a particular month by the 5th day of the Department will use these guidelines to across international boundaries, making following month. Comments advocating determine the expected number of late international aviation one of the most alternative reporting due dates should reported itineraries and initiate an global of industries, tremendous include information addressing both the investigation when we detect Carriers to changes in both regulatory and business alternative due date’s influence on the be outside those guidelines. practices have dramatically timeliness and on the accuracy of the reconfigured the operating and e. Certification of Accuracy data. competitive structure of global aviation. The Department proposes that In accordance with OMB guidelines, Open Skies agreements, now in place Participating Carriers will provide the the Department proposes to establish between the U.S. and growing numbers name and contact information for a administrative mechanisms allowing of countries, are producing enormous Designated Carrier Liaison to act on affected stakeholders to seek and obtain benefits for consumers. Liberalization of behalf of the Participating Carrier in correction of information disseminated air service agreements has enabled operational matters pertaining to the in the O&D Survey. Since the public Carriers around the world to deepen company’s collection and submission of relies on accurate Carrier data, we their cooperative agreements with their the O&D Survey. In order to maintain its propose to maintain a mechanism of foreign counterparts. International own data dissemination schedule, the ongoing communications with operations are becoming an increasingly Department will monitor the receipt of Participating Carriers through important component of network Carrier Participating Carrier data very closely, designated representatives. Therefore, operations. The distinctions between and contact the Designated Carrier each Participating Carrier will provide domestic and international networks are Liaison promptly when problems arise. the name and contact information for its increasingly blurred as the interline Exact deadlines for reporting will be Designated Company Official, who will partnerships provide seamless services

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through code-sharing, marketing, and in DOT’s data collection system is that Itineraries of its passengers transported strategic alliance agreements. Foreign Air Carriers are not, as a general from U.S. gateway airports, such as As a result, policy makers, rule, required to file O&D data’’. those in Washington or New York. international airlines, and consumers Comments to the ANPRM reveal that all However, we do require U.S. Air would all benefit from the capability to the users of the O&D Survey data, Carriers, such as US Airways, to report better understand and map global traffic including unions, airports, consultants, the Ticketed Itineraries of passengers flows that would promote sound public carriers, and other government agencies, that they bring from interior airports, policy and business decisions. Not agreed that the lack of Foreign Air such as those in Knoxville or surprisingly, the ANPRM responses Carrier data is a significant flaw in the Harrisburg, to the gateway airports from U.S. Air Carriers advocated that usefulness of the data and that this flaw where passengers connect to British their foreign-based counterparts be should not be underestimated. In Airways flights. Since the Carrier that included in contributing data to the addition to the ANPRM comments, the transports the passenger on the O&D Survey. Similarly, comments IG (Office of Inspector General Audit international Flight-Stage is customarily received from the nation’s airports and Report Number AV–1998–086) noted in the Issuing Carrier on tickets with airport consultants were unified in its 1998 report on the O&D Survey that, connecting passengers, in this example requesting that Foreign Air Carriers’ ‘‘the Department is at a disadvantage in British Airways, the current regulation exemption from reporting be ended. The reviewing and negotiating international burdens the U.S. Air Carriers with the enthusiasm with which they endorsed air route awards to ensure U.S. carriers task of obtaining O&D Survey Foreign Air Carrier reporting is all the retain competitive parity with Foreign information from these Foreign Air more pronounced because the airports, Air Carriers’’. Carriers. By requiring the U.S. Air as a group, refrained from offering In the past, the Department has Carriers to report tickets issued by opinions on ANPRM topics on which declined to impose the same burden of Foreign Air Carriers, the current they did not feel that they had sufficient direct reporting of the O&D Survey on regulation has been able to fully account expertise or that did not directly affect Foreign Air Carriers given the manual for domestic passengers and their needs. The Norfolk Airport processes involved. The Department international passengers that begin their Authority (Docket OST–1998–4043–31) issues licenses to Foreign Air Carriers to journey at interior airports. Even so, fully endorsed a change of policy to authorize them to sell Ticketed passengers that begin their travel at U.S. require Foreign Air Carriers to report. Itineraries for travel to the U.S. as gateway airports traveling on Foreign Operators of larger international specified in 49 U.S.C. 41301, but the Air Carriers are missing from the current gateway airports made commensurately license does not include a responsibility O&D Survey. stronger statements. The City of Chicago to report information about the Ticketed Similarly, when Foreign Air Carriers (Docket OST–1993–4043–27) wrote, Itineraries they issue. The Department issue Ticketed Itineraries for travel to ‘‘The City strongly supports including decided to forgo knowledge about the the U.S. to residents of other countries, the O&D data of Foreign Air Carriers U.S citizens that Foreign Air Carriers the current regulation burdens the U.S. * * *. The lack of foreign airline O&D transport from U.S. gateway cities when Air Carriers with the task of reporting data is arguably the greatest gap in our the passenger does not interline on a those Ticketed Itineraries. For example, knowledge of the market’’. When asked U.S. Air Carrier. There is a special when SN Brussels issues Ticketed to list everything that would make the provision for reporting O&D information Itineraries on its ticket stock to O&D Survey data more functional, Los imposed on Foreign Air Carriers that passengers traveling to the U.S. on its Angeles World Airports (Docket OST– operate under antitrust immunity ticket stock, it does so under its license 1998–4043–28) responded with only a granted under 49 U.S.C. Sections 41308 to issue Ticketed Itineraries granted single item: ‘‘collect information from and 41309, but the provision only under the authority of 49 U.S.C. 41301. all domestic and international carriers’’. requires a Foreign Air Carrier to report If a U.S. Air Carrier, such as American John Brown Company (Docket OST– the Ticketed Itineraries it issues, thus Airlines, participates in the itinerary, 1998–4043–33), an airport management avoiding the more complicated then the current regulation requires consultant, wrote, ‘‘given the open-skies requirements imposed on U.S. Air American Airlines to obtain a copy of posture of the U.S. government toward Carriers to report interline tickets. The the Ticketed Itinerary from SN Brussels international air service, it would be data from those reporting Foreign Air and report it. If all of the transportation appropriate and not unreasonable to Carriers, in combination with the O&D is on a non-reporting Foreign Air require the same standards of traffic Survey reports from U.S. Air Carriers, Carrier, such as Aer Lingus, then reporting by Foreign Air Carriers give the Department only limited insight information about that passenger will go operating air service at U.S. airports as into the global airline industry. unreported in the O&D Survey. for U.S. Air Carriers. U.S. airports need Furthermore, Foreign Air Carrier data Additional complexity in the current a complete picture of their existing air are kept highly confidential and are system is created because U.S. Air traffic flows in order to identify restricted to internal Department Carriers report Ticketed Itineraries opportunities and develop proposals for analysis related to the monitoring of directly to the O&D Survey while new routes’’. these alliances. Foreign Air Carriers reporting Ticketed Advocates of the collection of more Instead of burdening the Licensed Itineraries under 49 U.S.C. Sections international aviation data were not Foreign Air Carriers, the Department 41308 and 41309 participate in a limited to Air Carriers and airports. The requires that U.S. Air Carriers assume similar, but different, program. When a DOC (Docket OST–1998–4043–37) the burden of obtaining the passenger reporting Foreign Air Carrier issues a commented that, ‘‘to provide information from the Foreign Air Carrier Ticketed Itinerary that includes a U.S. comprehensive, quality data to DOT and when the U.S. Air Carrier transports an Air Carrier in the itinerary, the current the industry, both U.S. flag and foreign interline passenger on Ticketed regulation requires the Foreign Air flag carriers should be providing traffic Itineraries issued by a Licensed Foreign Carrier to report the Ticketed Itinerary data. Without the foreign flag data, DOT Air Carrier. For example, the to the alternative O&D Survey created cannot truly assess the market’’. ALPA Department does not require Licensed for non-U.S. Carriers. It also requires the (Docket OST–1998–4043–18) wrote, ‘‘In Foreign Air Carriers, such as British U.S. Air Carrier to report the same ALPA’s view, one of the significant gaps Airways, to report the Ticketed Ticketed Itinerary to the O&D Survey.

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Because of the dual reporting system Foreign Air Carriers. The anticipated routes on itineraries issued by Licensed established for the Ticketed Itineraries further liberalization of aviation markets Foreign Air Carriers. flown on Foreign Air Carriers, the intensifies the need of governments and The Department is therefore Department must, when monitoring airlines for accurate traffic data as they considering requiring Foreign Air alliance activity, weed out the seek to understand commercial Carriers licensed under 49 U.S.C. duplicates before compiling combined developments and accommodate growth Section 41301 to report O&D Survey statistics. in international air travel. As alliances data. There does not appear to be an If a Foreign Air Carrier, such as SN further develop and integrate, alternative workaround that is more Brussels in the previous example, issues understanding their impact on non- efficient than the simple requirement for a Ticketed Itinerary to be flown on a aligned Carriers and on the industry’s all Issuing Carriers to report the tickets Foreign Air Carrier required to report by operating and competitive structures is they issue for travel to and from, and agreement under 49 U.S.C. Sections increasingly more challenging. The within, the U.S. The Foreign Air 41308 and 41309, such as KLM, the effect of such developments as strategic Carriers required to report their issued passenger would go unreported because alliances between U.S. and Foreign Air Ticketed Itineraries as a condition of KLM is only required to report the Carriers having antitrust immunity immunity with a U.S. Air Carrier Ticketed Itineraries for which it is the cannot be adequately evaluated without partner have complied with this Issuing Carrier. Continuing this more complete and accurate traffic data requirement and managed to adapt example, if the itinerary includes a for all Carriers. It is difficult to accordingly. The new system, designed connection to a U.S. Air Carrier, such as determine the impact of a subset of the specifically to interface with the Northwest, at the gateway, then the market without an accurate picture of common industry information Ticketed Itinerary will be reported to the whole market. technology infrastructure, should the O&D Survey by Northwest. If, reduce the reporting burden for the The competitive effects of these however, a U.S. Air Carrier is not in the currently reporting Foreign Air Carriers. dynamic international alliances and itinerary, then the Department will not In addition, recent developments in their impact on competition, traffic receive this itinerary in its O&D reports. the interline settlement processes would flows, and aviation infrastructure The current O&D Survey does not further assist Foreign Air Carriers in cannot be effectively evaluated in require SN Brussels to report the reporting the O&D Survey data. An isolation. Monitoring and planning both Ticketed Itinerary because SN Brussels alliance of Carrier-owned industry business and public policy decisions in did not transport the passenger to the organizations—ATPCO, International U.S. Similarly, the current O&D Survey a global network industry requires more Air Transport Association (IATA) and does not require KLM to report the complete data on international traffic ARC—in October 2003 launched a Ticketed Itinerary because KLM did not flows between, behind, and beyond U.S. comprehensive, global solution for issue that itinerary. Ticketed Itineraries and foreign gateway airports. The global financial settlement of interline travel to are not reported with specific air transportation marketplace streamline inter-airline accounting. The identifiers, and thus the Department can represents an important component of interline accounting settlement service only presume that Ticketed Itineraries air transportation for U.S citizens and offers the possibility that Foreign Air issued by Foreign Air Carriers are (1) the U.S. economy. Having properly Carriers can create a cost effective reported twice when they are supposed imposed the burden of reporting the vehicle to provide the necessary data, to be reported twice, (2) reported once O&D Survey on the Issuing Carrier, we and thus enable Foreign Air Carriers to when they are supposed to be reported are reluctant to re-impose an undue minimize the cost of complying with the once, and (3) not reported when they are burden on U.S. Air Carriers by (1) Department’s reporting requirement. It not supposed to be reported. Since continuing the practice of requiring is possible that combining the reporting Ticketed Itineraries are reported in them to report the O&D Survey in the processes with interline settlement aggregate, without unique identifiers, it current manner for Foreign Air Carrier processes will reduce the reporting is very difficult for the Department to issued itineraries and (2) requiring to burden to such a level that the cost verify the presumption that the Carriers report in the new manner as Issuing would be far less than the benefits are properly reporting the Ticketed Carriers for their own Ticketed derived from having access to the Itineraries. Our presumptive dropping Itineraries. Imposing a dual reporting information. of duplicate itineraries on the burden on U.S. Air Carriers would be With full participation of the affected assumption that they were reported particularly onerous because it would Carriers, the Department could provide twice adds to the uncertainty require continuation of all the access to the international data to all surrounding the statistics reported from antiquated current reporting processes Participating Carriers and all the current system. in addition to instituting the new stakeholders. As the largest aviation Licensed Foreign Air Carriers reporting processes. This scenario market, the U.S. is a key component in indirectly contribute itinerary data would further require the Participating global aviation traffic flows. Complete about their passengers. While U.S. Air Carrier to examine each Ticketed O&D data to and from the U.S. would Carriers use the O&D Survey in Itinerary to identify the appropriate be an extremely valuable resource for planning and marketing their services to reporting process for that itinerary. Even global Carriers in planning their and from the U.S., Foreign Air Carriers worse, it is these itineraries, issued on services. This is especially true as MIDT are at a distinct disadvantage in not the ticket stock of Foreign Air Carriers, data, the current industry standard, being able to use this information. that are responsible for most of the decreases in utility as more bookings Confidentiality rules ban the sharing of reporting problems that occur in the circumvent the GDSs. The Department data with non-U.S. entities. If all current O&D Survey system. However, seeks comment on the efficacy of Licensed Foreign Air Carriers by not imposing the dual reporting requiring O&D Survey reports from contributed data to the O&D Survey, burden, the Department would continue Licensed Foreign Air Carriers in terms then the confidentiality rule banning to miss O&D Survey information about of costs and benefits and we seek dissemination of information to Foreign travelers to gateway airports as well as comment on alternatives that would Air Carriers could be lifted. This would begin to miss O&D Survey information enable the Department to obtain the benefit foreign entities, including about passengers traveling on domestic information it needs from Ticketed

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Itineraries issued by Licensed Foreign itineraries will be reported as IAD–LAX Therefore, we propose to collect data on Air Carriers. in the O&D Survey. a Flight-Stage basis rather than the The Department believes that current Flight-Coupon Stage basis. We g. Charter Flights checking the congruency of the O&D seek comments from the industry and In their responses to the ANPRM, the Survey with the T–100/T–100(f) is the the public regarding how the Flight- airports noted that passengers on non- best method of verifying the accuracy of Stage Origin Airport and Flight-Stage scheduled flights merit inclusion in the both sets of data. Since the Ticketed Destination Airport should be O&D Survey. They observe that there are Itineraries that describe nonstop travel determined. are indistinguishable from Ticketed extensive public charter operations that i. Data Retention operate on such a regular basis that Itineraries that describe one-stop or two- differentiating a regularly scheduled stop travel, checking the O&D Survey The Department’s policy on data charter from regularly scheduled against the statistics in the T–100/T– quality recognizes that no data system is passenger service is difficult. Even if 100(f) is very difficult. For example, free of data errors. The Department must they are a relatively small component of passengers can be routed from have the means of redressing a problem the national air transportation system, Washington Dulles to Los Angeles found in the data quality. The data some charter Carriers transport a International by way of any of a dozen submitted under the provisions of the significant number of passengers to or more airports. Each Ticketed Itinerary proposed O&D Survey and the T–100/ certain destinations. will describe that one-stop travel as T–100(f) will be subject to regulations under 14 CFR Part 249—Preservation of Respondents have requested that IAD–LAX to the O&D Survey but as the Air Carrier Records. The Department’s these categories of passengers be actual route in the T–100. In this same procedure concerning the requests for counted in the O&D Survey in order to way, one-stop and two-stop travel is correction of information gives supply a complete picture of domestic available in practically all of the airports stakeholders the right to request and international aviation. in the U.S. and in foreign countries. The Department must collect O&D Survey correction of information disseminated The Department believes that data on a stage-by-stage basis (wheels up by the Department. including charter Carriers would to wheels down) rather than the current represent a considerable expansion of 5. Transition Period coupon-by-coupon basis (passenger the scope of the O&D Survey. We further enplanement to passenger deplanement) The Department proposes to establish believe that doing so would most in order to attain the desired a transition period, also known as certainly impose a significant burden on congruency with the T–100/T–100(f). concurrent processing, between small entities since charter operations This change in reporting requirements initialization of the proposed O&D generally qualify as small businesses. In will have minor impact on those Survey and discontinuation of the addition, the advancing coverage of low Carriers that store information about the current O&D Survey. During the cost Carriers into the markets that intermediate stops that exist in the transition period, the Department will traditionally were most attractive to passengers’ Ticketed Itineraries. Carriers begin collecting data under the rules of charter Carriers could potentially reduce that do not store information about the the new O&D Survey. The transition the number of passengers charter intermediate stops that their customers period will consist of a test phase for services transport, further reducing the are making will have to either retain initial testing, sometimes called unit impact of charter services on the that information from the passengers’ testing, and a test phase for large national transportation system. In light flight reservations or re-acquire the volume testing, sometimes called of this, we do not propose to expand the information from a source of flight system testing. The current survey must scope of the O&D Survey to include schedule data such as that provided by continue to be produced during both charter services, but we invite further the Official Airline Guide (OAG). In its phases of the transition to the new comment on this issue. ANPRM comments, the OAG (Docket system. There are two primary objectives for h. Reporting by Flight-Stage OST–1998–4043–43) offered its services in determining the identity of Franchise the transition period. The first is to Several respondents to the ANPRM Code-share Partner Carriers and we ensure that the data being reported commented on inconsistencies that are believe that their services or those of under the new system are accurate, allowed to exist in the O&D Survey other organizations could be similarly complete, and comparable across because of funnel flight and starburst utilized to determine information about Carriers using different internal flight situations. American Airlines intermediate stops. accounting systems. The second (Docket OST–1998–4043–5) noted that To obtain the highest level of objective is to ensure, to the extent the root of the inconsistency is the accuracy when knowledge of hidden possible, the relative comparability generally accepted, albeit little known, intermediate stops must be re-acquired, between data submitted under the practice of reporting single flight that process should take place in a time current O&D Survey and data submitted segments with multiple Flight-Stages as frame commensurate with the creation under the proposed O&D Survey. Many if they were a single flight segment with of the Ticketed Itinerary. Flight stakeholders rely on the Department’s one Flight-Stage. For example, a schedules change over time, and the aviation traffic data to discern broad passenger traveling from Washington shortest possible time lag between the trends in services, fares, and capacity. Dulles (IAD) to Los Angeles creation date of the Ticketed Itinerary The modernization of aviation data International (LAX) might travel on a and the time when knowledge of must therefore ensure that the ability to non-stop flight, represented as IAD– intermediate stopping is re-acquired use the data to perform such critical LAX. However, another passenger might will provide the fewest possible time series analyses is preserved both in travel from Washington to Los Angeles instances of flights not found in the terms of the databases maintained by on a direct one-stop by way of St. Louis schedule data. the Department as well as in the traffic under a single flight number and a The missing Flight-Stage information data products it disseminates. Time single flight coupon. Since the has significant effect on the quality and series analyses are required for critical passenger in the second example does reliability of the information required government and business decisions, not deplane in St. Louis, both example and disseminated by the Department. which are predicated on identifying and

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understanding trend changes. We Users of O&D Survey data will require itinerary subsequent to disembarking believe we can preserve time-series a period in which they can understand from that aircraft. Significantly, nothing continuity by disseminating the same the impact of the change in data and can be known about what the passenger data in both formats, helping the users data processes by comparing the results paid for the transportation on the assess the full impact of the change in of the new O&D Survey with the current aircraft. The Carriers collect this the O&D Survey and, thereby, mitigating existing O&D Survey. This continuity is information on each Flight-Stage the need for a long transition period equally important for Participating departure each day, and at the end of collecting data under dual systems. Carriers since Carriers are users as well the month, they summarize it by (1) Because continued integrity in data as suppliers of data. The Department is equipment type, (2) class of service, and collected in the current system is crucial aware of the advantages of a long full- (3) airport pair, all without regard to to the testing of the new system, volume testing phase, but we are also individual flight number for the month. reduced attentiveness to reporting aware that these advantages come at the 2. T–100/T–100(f) Changes To Be accuracy on the part of the current cost of running two data collection Considered Participating Carriers may lengthen the systems in parallel. We acknowledge transition period. that requiring the Carriers to supply The O&D Survey, in contrast to the T– The need for concurrent processing is data for two systems simultaneously 100/T–100(f) report of actual passengers self-evident. Statistics must continue in will require extraordinary efforts on boarded, collects copies of the the current format while the new their part. Recognizing the burden to file passenger’s scheduled itinerary. O&D statistical system is being tested and data under both reporting systems, the Survey passenger reports are copied and validated. During the test phase of the Department wishes to minimize the reported after the passenger’s initial transition period, the Department will length of the second transition phase. departure on that Ticketed Itinerary. begin accumulating data from all However, we acknowledge that data Since the bulk of the passenger’s Participating Carriers and correlate that suppliers have many constraints and itinerary has not yet been flown at the data with data from the enhanced T– data users have many data testing needs time of initial departure, the O&D 100/T–100(f). Meanwhile, data of which we are unaware. Therefore, the Survey collects information about continuity will be preserved with Department seeks comment regarding itineraries as they are scheduled to be continued O&D Survey submissions the proposed length of the second performed, not as they are actually under the current rule. The Department transition phase. performed. As has been previously will be accepting data from a variety of described in this rulemaking, two systems and we anticipate that it will J. T–100/T–100(f) Considerations significant features of the O&D Survey take some time to establish The T–100/T–100(f), consisting of are (1) the information about the communications and data validity Form 41, Schedule T–100—U.S. Air passenger’s connecting flights that checks appropriate for each Carrier. Carrier Traffic and Capacity Data by enable users to obtain a sense of the In addition to testing the quality of Nonstop Segment and On-flight Market passenger’s true origin and true the data received from each Carrier, the and Schedule T–100(f)—Foreign Air destination and (2) the information Department will use the time in the test Carrier Traffic Data by Nonstop Segment about the fare that the passenger paid phase to accumulate data that will be and On-flight Market, contains monthly that enable users to assign a value to air necessary for the commencement of the segment and market traffic data (Part transportation. The contrasting large volume testing phase. Since 217). The proposed changes to the O&D differences, between the narrow source Ticketed Itineraries are purchased in Survey will provide the Department of information about passengers that are advance of travel date, data must with information about the numbers of actually transported and the robust necessarily be collected over the length passengers scheduled to use the air source of information about passengers of time each Carrier allows for advance transportation system by flight and by that are scheduled to be transported, purchase. For example, Carriers with a day, but the proposed NPRM does not make the T–100/T–100(f) and the O&D four-month advance purchase provide any capability, except when Survey ideal companion data products availability, or booking window, would aggregated to the month of travel, to that the Department makes available to provide full test data for the four cross check the scheduled passengers the industry and the public. months to accumulate a full set of with the actual passengers carried on Making the changes to the O&D passenger data for the Department to the aircraft. The Department is Survey proposed in this rulemaking test. Carriers with an 11-month booking considering modifying the T–100/T– without making commensurate changes window, however, would send the 100(f) to enable us to validate the data in the T–100/T–100(f) would leave the appropriate data for 11 months. The that will be collected under the O&D two data collection systems focused on Department cannot begin conducting Survey to ensure the data’s accuracy. two different levels of aggregation and meaningful overall comparisons would severely limit the advantages between the data from the current O&D 1. Background now enjoyed by having companion data Survey and the proposed system until it The T–100/T–100(f) collects products. The current O&D Survey is has accumulated data over the length of summarized flight stage data and on- validated by knowledge of the the advance booking windows. flight market data. The Reporting established relationships between Once the Department is satisfied that Carriers collect these traffic statistics for passengers scheduled to fly between a 100 percent of the data from each each revenue Flight-Stage as actually set of airport pairs and passengers Participating Carrier has been collected performed and compile them for actually on board flights between those and processed, the second phase of the reporting to the Department. Since the airport pairs. The proposed revisions transition can begin. During this full- statistics are collected by counting the allow the users of the O&D Survey to volume testing phase, the Department people who board an aircraft, nothing have knowledge of passengers will evaluate the new stream of data can be known about other flights the scheduled to fly between airports by over time to ensure that the passenger may have taken prior to time-of-day and day-of-week, which is a methodology and technology are robust, boarding that aircraft and nothing can level of detail that the T–100/T–100(f) after which the old system can be shut be known about flights the passenger does not possess. Without down. may be taking as part of the same commensurate changes in the T–100/T–

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100(f), the desired match between the regarding flight-specific data. We have appropriate time. The Scheduled Flight O&D Survey and the T–100/T–100(f) spent considerable effort to understand Date of the first Flight-Stage in a One- data will be limited to highly aggregated the data needs of various user groups way Trip will serve as the flight date for monthly comparisons. The Department and recognize that different users have that One-way Trip. We seek comment is concerned about its inability to diverse requirements in terms of the about the construction and validate the receipt of flight date and level of data granularity most suitable to dissemination of these data products. flight number elements into the O&D their needs. The Department therefore 2. Proposed Construction of One-Way Survey as proposed in this rulemaking. seeks detailed comments and Trips For example, one of the most important suggestions on aviation data products, new features of the O&D Survey is the based on our proposed changes, that As explained in the proposed data ability to disseminate data by One-way would satisfy the various needs of elements discussion (Section I.2.a.— Trips. The Department’s ability to different types of users. O&D Survey Redesign: Discussion of the validate the data that goes into deriving We recognize that, in order to be able Proposed O&D Survey) for the One-way the One-way Trips is dependent on to comment effectively, interested trip format, each Ticketed Itinerary will getting commensurate robust T–100/T– parties require further information on be divided into a series of one or more 100(f) information by flight and by date. key methods that will be applied to the One-way Trips according to the In addition to the need to keep the data, particularly those which will be guidelines published in the final rule. data congruent for validation purposes, used to determine a passenger’s True We anticipate basing these guidelines knowing the on-board count of O&D using the industry standard One- on industry consensus and seek passengers by flight and by date on the way Trip methodology. Among these comment about methods of constructing T–100/T–100(f) would be helpful for the important methods are: (1) One-way Trips. Department in planning airport capacity Dissemination of data by month The Department proposes to use four expansion. The usefulness of knowing according to the scheduled flight date, hours in an airport as the maximum the passengers flying between airports (2) grouping of flights by One-Way Trip amount of time to consider that airport for an entire month is limited to long instead of by Directional Passenger trip, as a connecting airport in a domestic range planning functions. For example, and (3) reporting the fare obtained by U.S. airport to U.S. airport itinerary, or the FAA would use the T–100/T–100(f) the Carrier(s) using an industry standard between a U.S. airport and an airport in in long-range planning where trends proration methodology rather than either Canada or Mexico. The measured to the nearest month are relying on the current practice of Department proposes to use 24 hours in useful. The data would be more useful reporting the total fare amount collected an airport as the maximum amount of if it included details that could help with the total itinerary. The processes time to consider that airport as a with facility planning by time-of-day by which data are collected and connecting airport in a Ticketed and by day-of-week. disseminated affect the accuracy of Itinerary for international travel. The Department has provided those data. Since such methods define 3. Proposed Proration Method information about the costs and benefits the utility of the fundamental data of collecting and disseminating the T– elements, we outline our proposals in The current O&D Survey is published 100/T–100(f) data by flight and by day each of these areas in detail. We seek on a Ticketed Itinerary basis. The (See section L(3)). Preserving data comment on our proposed methodology, amount collected is summed for the validity and accuracy by flight and by the resulting aviation data products, and itinerary. In the proposed One-way trip day by coordinating the O&D Survey the composition of these disseminated format, the Department will divide the with the T–100/T–100(f) to the highest products. Ticketed Itinerary into One-way Trips. degree practicable will benefit the To perform meaningful analysis, the fare Department and the public. To this end, 1. Dissemination of Data by Month amount must be allocated to the One- the Department is considering the The Department has heretofore way Trips in an equitable manner. The collection of T–100/T–100(f) data by disseminated all data about travel in the industry term for the process of Master Flight Number and by flight quarter in which it was reported. allocating the fare to the One-way Trips date. We seek comments on the efficacy Although the Department proposes to is proration. of this possible course of action. continue to collect Ticketed Itinerary Four proration techniques are widely data on a ticket basis in the month it is used in the industry: (1) Straight rate K. Data Dissemination first used for travel, we propose to prorate, (2) international prorate factors, The Department proposes to continue disseminate the data on the basis of the (3) mileage, and (4) square root of the to disseminate O&D Survey products month in which travel is scheduled to miles. Each has advantages and from the data collected under this take place. This dissemination is made disadvantages. Straight rate prorate rulemaking to serve the needs of various possible because the proposed rule methodology compares, for each stakeholders in the aviation community. expands the data collected for each itinerary, the Carrier’s unrestricted fares, If the significant enhancements Ticketed Itinerary. At this time, we are for each local Flight-Coupon Stage, that proposed in this rulemaking were considering disseminating data by are in effect when the Ticketed Itinerary adopted, these products would be month in at least two formats: (1) The is issued to the total fare collected. A substantially richer in content, more Ticketed Itinerary (similar to the DB1B ratio is established between all the timely, and more accurate than the Ticket file) and (2) the One-way trip Flight-Coupon Stages using the products disseminated under the (similar to the DB1B Market file) unrestricted local fares and the resulting current system. While it would be aggregations, subject to Vision 100 ratios are applied to the fare that was premature to identify the precise nature constraints on the dissemination of actually collected for the itinerary being and format of such products, they flight-specific data. To create a market processed. In international prorate would certainly not be less detailed file, the Department proposes to factors, instead of looking up the fares than the data products disseminated separate the Ticketed Itinerary into One- to establish a ratio, the ratios are already under the current system, including way Trips, allocate the itinerary fare to established and they are referenced and dissemination of data by itinerary, the One-way Trips, and store the One- applied. In mileage prorate, the ratio is within the constraints of Vision 100 way Trips for dissemination at the obtained by using the number of miles

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distant between airports. In the square 29 percent. The square root of the miles Detroit Metropolitan Airport (Docket root of the miles methodology, the ratio prorate calculation mimics typical OST–1998–4043–23). used for dividing the fares is established Carrier revenue allocations more closely Any changes to the present reporting by using the square root of the number than does the mileage prorate. system must satisfy the statutory of miles distant between cities. The Department seeks comment on requirements of Section 805 of Vision Unlike a Carrier that can chose a the best practices in the application of 100—Century of Aviation proration method that is most proration methodology in the scheduled Reauthorization Act (Pub. L. 108–176; advantageous to its own situation and air transportation industry. Respondents 117 Stat. 2490). Section 805 mandates needs, the Department is constrained by that advocate a methodology other than that, if the Secretary requires Carriers to its requirement to be able to apply one the one proposed by the Department, provide flight-specific information, the technique with equanimity for all the square root of miles, must consider Department will not: (1) Make public Carriers across all conceivable in their recommendation the the flight-specific fare information until itineraries. Further, the Department is Department’s constraints: (1) The at least nine months after the flight date constrained by a requirement that its methodology must treat all carriers with and (2) issue a rule requiring public processes be repeatable (i.e., a Ticketed equanimity and (2) the methodology dissemination of flight-specific fare Itinerary processed through the system must be repeatable. information without giving due today must provide the same result as consideration to and addressing the 4. Proposed Changes to Confidentiality it will if processed again several months Carriers’ confidentiality concerns. later). Since straight rate prorate and One of the most critical elements of The Department recognizes that international prorate factors require the Department’s proposed changes to Carriers will view flight-specific fare inputs from outside systems that change the O&D Survey involves addressing information as ‘‘sensitive,’’ in that a over time, the Department would have data confidentiality. The current O&D competitor could potentially exploit this to keep copies of all possible Survey data confidentiality rules (14 information in the marketplace. The permutations of those inputs by day in CFR Sec 19–7(d)) exist to preclude Department also recognizes that, when order to meet the repeatable standard. international data from being disclosed combined with other data elements, the This would clearly be costly, and in since Foreign Air Carriers were combined data elements could raise light of other available proration excluded from reporting. Domestic data certain competitive confidentiality methods, excludes these methods from in the current O&D Survey are released concerns. The Department believes further consideration. in full after a certain period of time The mileage and square root of the there exists a wide range of opinion elapses. miles methodologies have a distinct about data elements that should be advantage, because the miles between In its response to the ANPRM, the withheld from public dissemination and airports change very rarely. In the Allied Pilots Association (Docket OST– the appropriate holding period. The previous decade, only the opening of a 1998–4043–16) pointed out that the Department’s initial position is that, new airport in Denver and the time lags under the current O&D Survey while it may be appropriate to withhold relocation of the terminal in Pittsburgh reduce the usefulness of the data. There some of the new data elements from have had an effect on the number of was a divergence of opinion on how public dissemination for a time, all data miles between airports in the U.S. The long the data should remain should eventually be released into the Department considers this to be an confidential, but most advocated a short public domain. We seek comment acceptable level of variance inherent in confidentiality period for all data. No regarding the timing of the release of these two proration techniques. Of the respondent registered strong flight-specific fare information. two, the Department prefers the square disapproval of a short confidentiality The Department is cognizant of the root of the miles methodology over a period. Short confidentiality periods sensitive nature of any data element that mileage proration methodology. When were endorsed by Airports Council could be used to identify any specific there are two Flight-Stages in a trip, and International—North America (Docket individual passenger. No data requested the Flight-Stages are of equal distance, OST–1998–4043–6), American Airlines in this rulemaking will include any both techniques will allocate half the (Docket OST–1998–4043–5), personal information on a specific money to each leg. When there are two Continental Airlines (Docket OST– passenger that would enable the Flight-Stages of a trip, and one stage 1998–4043–26), and Metropolitan identification of a specific individual. length is significantly longer than the Washington Airports Authority (Docket We have declined to propose collection other, mileage allocates the short stage OST–1998–4043–38). The Air Line of any of the elements that were length a miniscule amount of the fare Pilots Association (Docket OST–1998– suggested in ANPRM comments as point while square root of the miles allocates 4043–18) said the data should be of sale identifiers (these are Passenger a bit more and tends to be more released no later than 6 months after the Citizenship, Phone Number, and Zip consistent with prorate agreements report date. Respondents that went on Code/Postal Code.) Furthermore, if the between Carriers. record to say that the confidentiality Department were to collect the any of For example, in a hypothetical 850- period should not be greater than six these elements, it would never release mile trip with two Flight-Stages that are months are Delta Air Lines (Docket any data that could be used to identify 425 miles distant, both techniques will OST–1998–4043–21), Oakland an individual passenger. The give each 425-mile stage one half of the International Airport (Docket OST– Department will only use such data for fare amount. In another hypothetical 1998–4043–14), BACK Associates, Inc. statistical purposes. These passenger 850-mile trip with one flight stage of (Docket OST–1998–4043–3), John data will be protected under the 729 miles and one of 121 miles, the Brown and Company (Docket OST– Confidential Information Protection and mileage prorate gives 85.8 percent of the 1998–4043–33), Los Angeles World Statistical Efficiency Act of 2002 fare amount to the longer leg and 14.2 Airports (Docket OST–1998–4043–28), (CIPSEA), which appears as Title V of percent to the shorter stage. The square Port Authority of New York and New the E-Government Act of 2002. We root of the miles on that same itinerary Jersey (Docket OST–1998–4043–25), invite comment from the industry and gives the longer stage 71 percent of the Port of Portland (Docket OST–1998– public on issues of confidentiality of fare amount while the shorter stage gets 4043–19), and Wayne County and passenger information.

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The expanded amount of information Certificated Air Carriers) and 14 CFR defining which Carriers shall report the that the Department proposes to collect Part 298 (Exemptions for Air Taxi and O&D Survey, there will be 38 is required to fulfill the Department’s Commuter Air Carriers). Participating Carriers (25 U.S. Air statutory mandates. However, the O&D The purpose of the proposed rule is Carriers, versus the 34 U.S. Air Carriers Survey information to be disseminated to improve the accuracy and utility of that submitted the O&D Survey in Third to the public has not yet been fully reported traffic data while reducing the Quarter 2003, and 13 Foreign Air determined. We anticipate releasing burden on the Carriers. For the O&D Carriers) under the proposed rule, data that are of immediate economic Survey, this objective is achieved by compared to 47 Carriers under the value, but do not disclose competitive replacing 14 CFR Part 241 Section 19– current rule. positions, as soon as the data are 7 with Section 26, which modifies the Currently Participating Carriers are received and processed for set of existing data elements, revises those U.S. Air Carriers and Foreign Air dissemination, subject to the constraints reporting time frames, and redefines the Carriers that report the O&D Survey mandated by law. The Department seeks set of Carriers that report the O&D comment on a proposal to release Survey in accordance with industry under the current rule and would aggregated data on a monthly basis in standards and practice. We are continue to report the O&D Survey the shortest possible time needed to considering changes to the T–100/T– under the proposed rule. Newly process the data. We are also requesting 100(f) to enhance congruency between Participating Carriers are (1) those U.S. public comments on whether certain, the O&D Survey and the T–100. The Air Carriers that do not currently report and if so which, data elements should changes we are considering would the O&D Survey but would begin to be withheld from public dissemination amend 14 CFR Part 241 Section 25, thus report under the proposed rule and (2) and the appropriate holding period. We modifying the set of existing data those Foreign Air Carriers that would invite comment from the industry elements reported on the T–100 and report the O&D Survey if they operate regarding public dissemination of flight- amend 14 CFR Part 217 Section 5, thus under antitrust immunity pursuant to 49 specific fare information according to modifying the set of existing data U.S.C. Sections 41308 and 41309 for the provisions of Vision 100—Century elements reported on the T–100(f). alliance(s) with U.S. Air Carrier(s). In of Aviation Reauthorization Act. The proposed modernization of the addition, under the proposed rule, 13 Department’s aviation data will bring U.S. Air Carriers that currently report L. Rulemaking Analyses and Notices the data gathering process into the O&D Survey would no longer be In order to increase efficiency and alignment with current airline industry required to report. These carriers are effectiveness; improve the integrity, accounting practices. It will provide identified as Formerly Participating quality, and utility of the information more accurate, more timely, and more Carriers. available; and reduce information complete data for all stakeholders. The Department is considering collection costs to the Carriers; the Furthermore, it is the least intrusive modifying the data elements reported by Department proposes to modernize its informational alternative sufficient to U.S. Air Carriers on the T–100 and by data collection products. The legal accomplish the statutory objective of Foreign Air Carriers on the T–100(f). authority for the proposed rule is gathering accurate information about air The additional data elements being provided by the Civil Aeronautics Board travel. The proposed rule has been considered would, in combination with Sunset Act of 1984 (Pub. L. 98–443), evaluated under the following Acts, the proposed changes to the O&D which requires the Department, under Executive Orders, and Departmental Survey, enhance the validity and the authority of the Secretary (49 U.S.C. Policies. We seek comment from reliability of the Department’s aviation 329(b)(1)), to collect and disseminate interested parties about the rulemaking data and benefit all stakeholders. We information on civil aeronautics and analyses contained in this section. have included the regulatory impact of aviation transportation in the U.S., other 1. Affected Carriers the potential changes to the T–100/T– than that collected and disseminated by 100(f) in this section, although we note the National Transportation Safety The Carriers that would, under the Board. The Department must, at proposed changes to the O&D Survey, be that these changes have not been minimum, collect information on the required to report the O&D Survey are specifically proposed within this origin and destination of passengers and those defined in Section I.3. (O&D NPRM. information on the number of Survey Redesign: Reporting The Department is also considering passengers traveling by air between any Requirements) as Participating Carriers. requiring Foreign Air Carriers that: (1) two points in air transportation. These Participating Carriers are (1) U.S. Are licensed to hold out service to the Additionally, the Department must be Air Carriers that issue tickets for travel U.S. under 49 U.S.C. Section 41301; (2) responsive to the needs of the public on scheduled interstate passenger do not have antitrust immunity for an and disseminate information to make it services to or from, or within, the U.S. alliance with a U.S. Air Carrier; and (3) easier to adapt the air transportation and operate aircraft with 15 seats or operate aircraft with 15 seats or more for system to the present and future needs more for scheduled service and (2) scheduled service to or from, or within, of commerce of the U.S. (49 U.S.C. Foreign Air Carriers that operate under the U.S. to report all itineraries 40101(a)(7)). In meeting this 49 U.S.C. Sections 41308 and 41309 and involving a U.S. point to the O&D responsibility, the Department collects are required, under the grant of antitrust Survey. At this time, we have not data submitted under 14 CFR Part 217 immunity, to report itineraries involving included these Foreign Air Carriers in (Reporting Traffic Statistics by Foreign a U.S. point. The group of Participating the Regulatory Analyses contained in Air Carriers in Civilian Scheduled, Carriers consists of Currently Section L. We seek comment on the Charter, and Nonscheduled Services), Participating Carriers and Newly costs and benefits of including in, or 14 CFR Part 241 (Uniform System of Participating Carriers. Because the excluding from, the O&D Survey data Accounts and Reports for Large proposed rule changes the criteria from these Foreign Air Carriers.

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TABLE 1.—CARRIERS AFFECTED BY PROPOSED CHANGES TO THE O&D SURVEY

Continue to re- No longer re- port (currently Begin to report quired to report participating car- (newly partici- (formerly partici- riers) pating carriers) pating carriers)

U.S. Air Carriers ...... 21 4 13 Foreign Air Carriers ...... 13 00 Total Carriers ...... 34 4 13

The Carriers that would, under the Carriers based solely on the possible 100/T–100(f), all-cargo Carriers would changes we are considering to the T– changes to the T–100/T–100(f). There not have to report these elements. The 100/T–100(f), be required to report the were 282 Reporting Carriers in Third changes that we are considering making T–100/T–100(f) are those defined in Quarter 2003. However, 52 of those to the T–100/T–100(f) would, therefore, Section J.1. (T–100/T–100(f):— Carriers are all-cargo Carriers. Because affect the remaining 230 Reporting Background) as Reporting Carriers. the additional data elements being Carriers (121 U.S. Air Carriers and 109 Because the proposed rule does not alter considered for the T–100/T–100(f) are Foreign Air Carriers) that are not all- the definition of Reporting Carrier, no flight-specific and would be used, in cargo Carriers. Carriers would be added as Reporting part, to match the O&D Survey to the T–

TABLE 2.—CARRIERS THAT WOULD BE AFFECTED BY CHANGES BEING CONSIDERED FOR T–100/T–100(F)

No longer re- Continue to re- Begin to report quired to report port (currently re- (newly reporting (formerly report- porting carriers) carriers) ing carriers)

U.S. Air Carriers ...... 121 0 0 Foreign Air Carriers ...... 109 0 0 Total Carriers ...... 230 0 0

2. The Unfunded Mandates Reform Act 3. Regulatory Evaluation made, the collective reporting costs to of 1995 U.S. Air Carriers are estimated to be a. Executive Order 12866, Regulatory approximately $509,000 each year. Planning and Review The Unfunded Mandates Reform Act When Foreign Air Carriers that operate of 1995, codified at 2 U.S.C. 1531–1538, Executive Order 12866, Regulatory under 49 U.S.C. Sections 41308 and requires Federal agencies to prepare a Planning and Review (58 FR 51735; 41309 and are required, under grant of written assessment of the costs, benefits, September 30, 1993) defines a antitrust immunity, to report itineraries and other effects of proposed or final significant regulatory action as one that involving a U.S. point are included, the rules that include a Federal mandate is likely to result in a rule that may have proposed changes to the O&D Survey likely to result in expenditures by State, an annual effect on the economy of $100 are estimated to collectively cost the local, or tribal governments, in the million or more or adversely affect, in world airline industry approximately aggregate, or by the private sector, of a material way, the economy, a sector of $1.9 million in the first year, including more than $100 million annually. the economy, productivity, competition, initial costs and annual reporting costs, jobs, the environment, public health or The proposed changes to the O&D and approximately $427,000 each year safety, or State, local, or tribal thereafter. If these changes are not Survey and the changes we are governments or communities. made, the collective reporting costs to considering making to the T–100 would Regulatory actions are also considered the world airline industry are estimated not result in expenditures by State, significant if they are likely to create a to be approximately $704,000. Thus, if local, or tribal governments because no serious inconsistency or interfere with we make no changes to the current O&D such government operates a Carrier the actions taken or planned by another Survey, we will continue to collect data subject to the proposed regulation. agency or if they materially alter the under that rule. The collective annual While the proposed changes to the O&D budgetary impact of entitlements, costs to U.S. carriers will continue to be Survey and the changes we are grants, user fees, or loan programs or the approximately $509,000 per year and considering making to the T–100(f) will rights and obligations of the recipients the collective annual costs to the world affect Foreign Air Carriers, some of of such programs. airline industry will continue to be which are operated (in whole or in part) The proposed changes to the O&D approximately $704,000. Table 3 by foreign governments, the Unfunded Survey are estimated to collectively cost compares the annual costs of the Mandates Reform Act of 1995 does not U.S. Air Carriers approximately $1.3 proposed changes to the O&D Survey to apply to foreign governments. million in the first year, including the annual costs of continuing the initial costs and annual reporting costs, current O&D Survey collection. These and approximately $281,000 each year costs are further detailed in Tables 8 thereafter. If these changes are not and 9.

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TABLE 3.—COLLECTIVE COSTS FOR U.S. AIR CARRIERS AND WORLD AIRLINE INDUSTRY PROPOSED CHANGES VERSUS CURRENT RULE O&D SURVEY

First year collec- tive costs Subsequent year (including initial collective costs costs)

Proposed O&D: U.S. Air Carriers ...... $1,273,110 $280,800 World Airline Industry ...... 1,915,336 426,816 Current O&D: U.S. Air Carriers ...... 509,184 509,184 World Airline Industry ...... 703,872 703,872

The changes that we are considering making to the T–100/T–100(f) are the existing rule. The collective annual making to the T–100/T–100(f) are estimated to collectively cost the world costs to U.S. carriers will continue to be estimated to collectively cost U.S. Air airline industry approximately $1.9 approximately $159,000 per year and Carriers approximately $1 million in the million in the first year, including the collective annual costs to the world first year, including initial costs and initial costs and annual reporting costs, airline industry will continue to be annual reporting costs, and and approximately $387,000 each year approximately $301,000. Table 4 approximately $204,000 each year thereafter. If these changes are not compares the annual costs of the thereafter. If these changes are not made, the collective reporting costs to changes to the T–100/T–100(f) that we made, the collective reporting costs to the world airline industry are estimated are considering making to the annual U.S. Air Carriers are estimated to be to be approximately $301,000. Thus, if costs of continuing the current T–100/ approximately $159,000 each year. we do not make the changes to the T– T–100(f) collection. These costs are When Foreign Air Carriers are included, 100/T–100(f) that we are considering, further detailed in Tables 10 and 11. the changes that we are considering we will continue to collect data under

TABLE 4.—COLLECTIVE COSTS FOR U.S. AIR CARRIERS AND WORLD AIRLINE INDUSTRY CONSIDERED CHANGES VERSUS CURRENT RULE T–100/T–100(F)

First year collec- tive costs Subsequent year (including initial collective costs costs)

Proposed: U.S. Air Carriers ...... $1,002,460 $203,860 World Airline Industry ...... 1,905,503 387,503 Current: U.S. Air Carriers ...... 158,559 158,559 World Airline Industry ...... 301,392 301,392

Because the proposed changes to the aviation data, this NPRM is considered As shown in Tables 8, 9, 10, and 11, O&D Survey and the changes we are a significant regulatory action under the proposed changes to the O&D considering making to the T–100/T– Executive Order 12866 and was Survey and the changes we are 100(f) will not collectively cost reviewed by the Office of Management considering making to the T–100/T– members of the private sector more than and Budget. 100(f) are expected to cost the affected $100 million in the first year of Net Present Value Analysis. The Carriers approximately $3.82 million in the first year and $814,320 in each effectiveness under the proposed rule, current rule is expected to cost subsequent year. That is, while the the Department finds that the changes approximately $1 million each year. The proposed changes to the O&D Survey would not, collectively or separately, cost of the current O&D Survey is and the changes we are considering place a significant burden on the world- estimated by multiplying the average wide airline industry. The Department making to the T–100/T–100(f) will annual reporting burden of 960 hours require a one-time investment of about also finds that the benefits of the per reporting Carrier by an estimated proposed changes outweigh the $3.82 million, annual reporting costs for hourly wage of $15.60. The total burden, potential costs. Therefore, the proposed the initial and subsequent years would for the 47 Carriers that report the O&D rule should not be considered an decrease, collectively by about $71,000 Survey under the current rule, is economically significant regulatory per year and individually by about 240 $703,872. The cost of the current T–100/ action under Executive Order 12866. hours per Carrier. T–100(f) is estimated by multiplying the However, regulatory actions that raise Table 5, below, shows the present average annual reporting burden of 84 novel legal or policy issues can be value costs, using a 7 percent discount hours per reporting Carrier by an considered significant. Because the rate, under (1) the current rule, (2) the estimated hourly wage of $15.60. The proposed changes to the O&D Survey, as proposed rule, and (3) the proposed rule well as the changes we are considering total burden for the 230 Carriers that if Carriers engage in one year of for the T–100/T–100(f), change the report the T–100/T–100(f) under the concurrent processing. As discussed in collection procedures of influential current rule is $301,392. Section I.5. (O&D Survey Redesign:

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Transition Period), a transition period report under the current rule, while purposes of present value cost analyses, may be required. During that time, both Currently Participating Carriers and we estimate a concurrent test period of Formerly Participating Carriers and Newly Participating Carriers would also one year. Currently Participating Carriers would report under the proposed rule. For the

TABLE 5.—ESTIMATED PRESENT VALUE COSTS [Including changes being considered for the T–100/T–100(f).]

Proposed rule (with 1 year Elapsed time Current rule Proposed rule concurrent processing)

5 Years: Total Present Value Cost ...... $4,121,781 $6,148,705 $7,088,204 (incremental cost over current rules) ...... + 2,026,924 +2,966,423 10 Years: Total Present Value Cost ...... 7,060,544 8,529,275 9,468,774 (incremental cost over current rules) ...... + 1,468,731 + 2,408,230 15 Years: Total Present Value Cost ...... 9,155,858 10,226,588 11,116,087 (incremental cost over current rules) ...... + 1,070,730 + 1,960,229 20 Years: Total Present Value Cost ...... 10,649,781 11,436,749 12,376,249 (incremental cost over current rules) ...... + 786,968 + 1,726,468

The initial reporting burden U.S. Air Carriers operating aircraft with Participating Carriers will be able to associated with the proposed changes to 15 seats or more is likely worth much apply resources previously dedicated to the O&D Survey and the changes more than approximately $7,000 per supplemental data request to other considered for the T–100/T–100(f) year. In fact, we are certain that the cost internal priorities. Assigning an results in higher present value costs. to purchase this degree of information, estimated total annual benefit of However, the benefits to Participating for a 12-month period and from a GDS $1,000,000 per year only to Participating Carriers and Reporting Carriers, as well or other source not based on the O&D Carriers, however, ignores the benefits as to the Department, Federal agencies, Survey, would be considerably more to the Department’s regular analyses of airports, consultants, academics, State expensive. Again, if we assume the only competition in the aviation industry and and local transportation planners, other beneficiaries to be the Participating its EAS and Small Community Air State and local agencies, consumers, Carriers, the second scenario would Service Development Program. In and other stakeholders, are significant attribute annual benefits to those 38 and immediately available (See Sections Participating Carriers of about $13,200 addition, we have not enumerated the L.3.d.2. and L.3.e.2.). Because these per year. Based on our knowledge of annual benefit, to the FAA, DOJ, DOS, benefits are less readily quantifiable, non-Departmental data sources, we find DOC, DHS, BLS, and other Federal Table 6 contains the present value this estimated benefit to be agencies and programs, of having 100 benefits, using a 7% discount rate, conservative. percent of Ticketed Itineraries issued by under three possible scenarios, for the We find the third scenario, total Participating Carriers. proposed rule. annual benefits of $1,000,000 for all Therefore, we base our assessment of The first scenario assumes a total stakeholders, to be more realistic. This the costs and benefits of the proposed annual benefit, as a result of the estimate is the equivalent of about changes to the O&D Survey and the proposed and considered changes, of $27,000 of annual benefits per changes being considered for the T–100/ $250,000 per year. If the Participating stakeholder if only the 38 Participating T–100(f) on the moderate estimate of Carriers were assumed to be the sole Carriers are considered. Furthermore, $1,000,000 of total annual benefits for beneficiaries, each would, under this submission of 100 percent of Ticketed all stakeholders. We seek comment very conservative scenario, receive Itineraries by Participating Carriers about the estimated benefits, for annual benefits of about $6,600 a year. significantly reduces the likelihood that We believe that information about 100 the Department will need to request individual stakeholders as well as percent of Ticketed Itineraries issued for supplemental data about markets not collectively, used in this regulatory travel to or from, or within, the U.S. by represented in the O&D Survey. evaluation.

TABLE 6.—ESTIMATED PRESENT VALUE BENEFITS UNDER PROPOSED O&D SURVEY [Including changes being considered for T–100/T–100(f).]

Estimated total annual benefits for all stakeholders Time period Very conservative Conservative Moderate $250,000 per year $500,000 per year $1,000,000 per year ($) ($) ($)

5 Years Total Present Value Benefits ...... 1,025,049 2,050,099 4,100,197 10 Years Total Present Value Benefits ...... 1,755,895 3,511,791 7,023,582 15 Years Total Present Value Benefits ...... 2,276,979 4,553,957 9,107,914 20 Years Total Present Value Benefits ...... 2,648,504 5,297,007 10,594,014

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As shown in Table 7, the net present estimates and under all benefit being considered for the T–100/T–100(f) value of the proposed rule is positive in estimates within 10 years. Using the is positive within five years—even the majority of estimated scenarios. For moderate estimate of $1,000,000 total when including one year of concurrent example, the proposed rule alone yields annual benefits for all stakeholders, the processing. a positive net present value within five net present value of the proposed years for two of the three benefit changes to the O&D Survey and changes

TABLE 7.—NET PRESENT VALUE PROPOSED CHANGES TO THE O&D SURVEY AND ESTIMATED BENEFITS [Including changes being considered for T–100/T–100(f).]

Total Net Present Value Very conservative $250,000 total an- Conservative—$500,000 total annual Moderate—$1,000,000 total annual Elapsed time nual benefits benefits benefits Proposed rule + 1 Proposed rule + 1 Proposed rule + 1 Proposed rule year concurrent Proposed rule year concurrent Proposed rule year concurrent ($) ($) ($) ($) ($) ($)

5 Years ...... ¥1,001,874 ¥1,941,373 23,175 ¥916,324 2,073,274 1,133,775 10 Years ...... 287,174 ¥652,325 2,043,070 1,103,571 5,554,861 4,615,361 15 Years ...... 1,206,248 266,749 3,484,227 2,543,728 8,037,184 7,097,685 20 Years ...... 1,861,535 922,036 4,510,039 3,570,540 9,807,046 8,867,547

It is our conclusion that the benefits shown in Sections L.3.d.1. (Regulatory i. Annual Collective Industry of the proposed rule will significantly Analysis—O&D Survey: Regulatory Reporting Burden. We believe that the outweigh the costs. We also conclude Assessment—Costs) and L.3.e.1. proposed rule reduces the collective that, because the present value costs for (Regulatory Analysis—T–100/T–100(f): reporting burden for the airline the proposed rule clearly do not exceed Regulatory Assessment—Costs), below. industry, for both U.S. Air Carriers and $100 million, for total or incremental The proposed changes to the O&D Foreign Air Carriers, even if we include costs and even when including one year Survey support electronic filing and the reporting burden associated with the of concurrent processing, the proposed reduce manual activity and paperwork. T–100/T–100(f) changes we are rule should not be considered an The Issuing Carrier possesses, within its considering. Under the current rule, 47 economically significant regulatory internal systems, the data elements Carriers (U.S. Air Carriers and Foreign action under Executive Order 12866. required by the proposed rule. By Air Carriers) report the O&D Survey and 230 Carriers report the T–100/T–100(f). b. Vision 100—Century of Aviation designating the Issuing Carrier as the Collectively, the industry faces a total Reauthorization Act Participating Carrier, the proposed rule eliminates the need for the Participating annual reporting burden under the Vision 100—Century of Aviation current rule of 64,440 hours. Under the Carrier to manually examine, and obtain Reauthorization Act (Pub. L. 108–176) proposed changes to the O&D Survey, information from other carriers about recognizes the need for the U.S. to 38 Carriers would report the O&D Ticketed Itineraries that were not issued increase its investment in research and Survey. Under the changes to the T– by the Participating Carrier. development to revitalize the aviation 100/T–100(f) that we are considering, industry as well as to improve aviation We find that the proposed changes to 230 Carriers would report the T–100/T– information collection. Section 805(a) the O&D Survey and the changes 100(f). Under both the proposed changes states that, if the Secretary requires considered for the T–100/T–100(f) meet to the O&D Survey and the changes Carriers to provide flight-specific the requirements of Vision 100, being considered for the T–100/T– information, the Department will not: specifically Section 805(b), in that the 100(f), the industry would face a total (1) Make public the flight-specific fare changes ‘‘reduce the reporting burden annual reporting burden of 52,200 information until at least nine months for air carriers through electronic filing hours. The proposed rule, including the after the flight date and (2) issue a rule of the survey data collected under changes being considered for the T–100/ requiring public dissemination of flight- Section 329(b)(1) of Title 49, U.S.C.’’ T–100(f) decreases the industry’s specific fare information without giving There are three tests of ‘‘reduction of collective annual reporting burden by due consideration to and addressing the reporting burden for air carriers through 12,240 hours, or about 18 percent. Carriers’ confidentiality concerns. electronic filing of the survey data’’: (1) The collective annual reporting Moreover, Section 805(b)—Effective Net present costs, (2) net present value, burden for affected U.S. Air Carriers Date stipulates that the amendment to and (3) change in annual reporting alone also decreases. Under the current 49 U.S.C. Section 329(b)(1), stated in burden. We base our conclusion on the rule, the total annual reporting burden Section 805(a), shall become effective third test—the change in annual for 34 Carriers reporting the O&D on the date of the issuance of a final rule reporting burden for affected carriers. Survey and 121 Carriers reporting the to modernize the O&D Survey. The final We seek comment about our definition T–100 is 42,804 hours. Under the rule, pursuant to the ANPRM (RIN of ‘‘reduction of reporting burden for air proposed rule, including the changes 2105–AC71; 63 FR 28128, July 15, carriers through electronic filing of the being considered for the T–100/T– 1998), must propose change that survey data’’ and our conclusion that 100(f), the total annual reporting burden ‘‘reduces the reporting burden for air the proposed changes to the O&D for the 25 Carriers reporting the O&D carriers through electronic filing of the Survey and the changes being Survey and the 121 Carriers reporting survey data collected under Section considered for the T–100/T–100(f) meet the T–100 would 31,068 hours. This is 329(b)(1) of Title 49, U.S.C.’’ The the requirement of Vision 100, Section a collective decrease of 11,736 hours, or calculations for burden reduction are 805(b). about 27 percent.

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ii. Annual Individual Carrier important private sector decisions. The be approximately $427,000, of which Reporting Burden. The proposed aviation data collected by the O&D approximately $281,000 would be changes to the O&D Survey result in Survey and the T–100/T–100(f) are expended by Participating U.S. Air substantial decreases for U.S. Air critical for policy makers, Carriers, Carriers. Carriers and Foreign Air Carriers that airports, and other stakeholders (See We recognize that the initial and will continue to report, or cease to Section D—O&D Survey Data Usage and annual reporting costs of individual report, the O&D Survey. First, the total Section J—T–100/T–100(f)). Because the Participating Carriers are likely to differ number of Participating Carriers is proposed changes to the O&D Survey, as and, for some Participating Carriers, reduced from 47 to 38. Second, by well as the changes we are considering may be smaller than our estimates. designating the Issuing Carrier as the for the T–100/T–100(f), change the Nevertheless, we have applied a single Participating Carrier, the proposed rule collection procedures of influential cost estimate in our regulatory reduces the manual processing and aviation data, this NPRM is considered assessment. We recognize that some intervention inherent in the current a significant regulatory action under the Participating Carriers may choose to rule, thereby simplifying electronic Department’s Regulatory Policies and utilize third-party providers, for the filing. Procedures. initial systems development and/or for For informational purposes, we have monthly data submission, but we do not calculated the annual reporting burden d. Regulatory Analysis—O&D Survey include estimates of third-party for the changes being considered for the The proposed rule defines a provider costs in this regulatory T–100/T–100(f). While these changes Participating Carrier for the O&D Survey assessment. However, we are aware that would, if adopted, increase the annual as (1) a U.S. Air Carrier that issues third-party providers already serve the reporting burden for each U.S. Air Ticketed Itineraries for travel on airline industry with systems that Carrier and each Foreign Air Carrier that scheduled interstate passenger services collect, bundle, process, and transfer will report only the T–100/T–100(f) to or from, or within, the U.S. and data between Carriers and between from 84 hours to 108 hours, they would operates aircraft with 15 seats or more Carriers and the Department. Thus, maximize congruence with the for scheduled service and (2) a Foreign third-party providers may choose to proposed O&D Survey. Air Carrier that has an alliance with a customize or adjust existing data The average annual reporting burden U.S. Air Carrier (pursuant to 49 U.S.C. systems, already used by Participating of each U.S. Air Carrier or Foreign Air 41308 and 41309) and is required to Carriers, to meet the submission Carrier that currently reports both the report itineraries involving a U.S. point. requirements of the proposed rule. We O&D Survey and the T–100/T–100(f) Under the proposed rule, the total assume Participating Carriers would will decrease by 216 hours, or about 20 number of Participating Carriers would select this option only if its costs were percent, (from 1,044 hours under the decrease by about 19 percent, from 47 lower; as such, it is possible that current rule to 828 hours under the to 38. The specific costs and benefits of Participating Carriers that decide to use proposed rule, even when the changes the proposed changes to the O&D third parties would incur lower costs being considered for the T–100/T–100(f) Survey are discussed in the following than those we have estimated. We seek are included. Similarly, under the sections. comment about the costs and benefits of proposed changes to the O&D Survey i. Regulatory Assessment—Costs. For the use of third-party providers under and the changes being considered for Currently Participating Carriers, we the proposed O&D Survey. the T–100, the average annual reporting estimated (1) the initial costs of revising Initial Reporting Burden. Currently burden of each of the 13 U.S. Air the reporting systems to include the Participating Carriers would incur an Carriers that will cease to report the proposed new data items and enable initial reporting burden, based on the O&D Survey, but continue to report the monthly reporting of the full universe of systems changes required to expand one T–100, will decrease from 1,044 hours issued tickets and (2) the annual costs and add seven ticketed itinerary-level to 108 hours, or about 89 percent. of monthly submissions of the proposed data elements and to expand three and Excluding the changes being considered O&D Survey for 100 percent of Ticketed add six Flight Stage-level data elements for the T–100, these 13 U.S. Air Carriers Itineraries for travel to or from, or (See Section I.2.—O&D Survey: would see their annual reporting burden within, the U.S. For Newly Participating Discussion of the Proposed O&D decrease by 91 percent. Carriers, we estimated (1) the initial Survey). The proposed data elements costs of obtaining systems to include all are available within the Currently c. Departmental Regulatory Policies and data elements and enable monthly Participating Carriers’ internal systems Procedures reporting of the full universe of issued and, therefore, we anticipate that The Department’s Regulatory Policies tickets containing a U.S. point and (2) Currently Participating Carriers will be and Procedures (initially issued the annual costs of monthly able to access the data elements. February 26, 1979, 44 FR 11034; submissions of the proposed O&D We anticipate that the Currently restated May 22, 1980, DOT Order Survey for 100 percent of Ticketed Participating Carriers will create new 2100.5) establish objectives to be Itineraries for travel to or from, or automated processes to produce the pursued in reviewing existing within, the U.S. The initial and annual proposed O&D Survey rather than regulations and in issuing new reporting costs for Formerly simply modify the current processes. regulations. The objectives include the Participating Carriers are, of course, This is because the proposed procedures identification of a regulation as a (1) zero. will no longer require continual significant regulation, (2) emergency We estimate the total initial reporting information updates from sources regulation, or (3) non-significant costs for the O&D Survey for all outside the Participating Carrier’s regulation. One key issue in the Participating Carriers to be control, such as ticketing information determination of a significant approximately $1.49 million, of which from Issuing Carriers, and because the rulemaking is the extent to which the approximately $993,000 would be proposed procedures are simpler. In its affected information is influential. expended by Participating U.S. Air response to the ANPRM, United Air Influential information will have or Carriers. We estimate the annual Lines (Docket OST–1998–4043–15) does have a clear and substantial impact reporting costs for the proposed O&D estimated that ‘‘there would be a on important public policies or Survey for all Participating Carriers to moderate one time development effort

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to create and implement the software that Newly Participating Carriers will reporting burden for individual Carriers which would create a TCN-like file each face some development and testing will decrease. day containing internal [carrier] * * * challenges that Currently Participating For example, in 1997, as part of the sales and non-automated agency sales’’. Carriers will not. We therefore estimate Rural Airfare Study (Federal Aviation We agree, and estimate a ‘‘moderate the equivalent of three work months 10 Administration Reauthorization Act of effort’’ to be the equivalent of two and of internal development and testing and 1996, Section 1213; Pub. L. 104–264), one-half work months 8 of internal two work months of external testing and the Department estimated the average development and testing and one and coordination with the Department, for a annual cost to carriers to comply with one-half work months 9 of external total of five work months, or 867 staff- data submissions of the Rural Airfare testing and coordination with the hours. We do not estimate the costs of Study 12 at approximately 113 hours per Department, for a total of four work materials or other resources. carrier (Docket OST–1997–2767–1; months, or 694 staff-hours. We do not Under the Service Contract Act of Order 97–7027, July 28, 1997). We estimate the costs of materials or other 1965 (as amended), the U.S. Department recognize that the costs of submitting resources. of Labor sets the minimum hourly rate, 100 percent of Ticketed Itineraries and Newly Participating Carriers will excluding benefits, for Federal incorporating the proposed additional incur an initial reporting burden based Contracts. In 2004, DOL estimated an data items would be higher than the on the O&D Survey data collection and hourly rate of $27.62 per hour for the costs of submitting monthly Rural reporting requirements. As with positions of Computer Programmer IV Airfare study itineraries. However, we Currently Participating Carriers, Newly and Computer Systems Analyst III.11 We also believe that costs to Participating Participating Carriers are expected to recognize that the carriers’ hourly costs Carriers under the proposed rule would have the majority of this data present are likely to be higher, particularly for be lower than those costs under the within their internal sales-based skilled employees with specialized current rule. systems and TCN records. Furthermore, knowledge of aviation data and We estimate that the total annual in 1997, as part of the Rural Airfare reporting. Thus, we estimate an industry reporting burden for individual Study (Federal Aviation Administration hourly cost for a computer programmer/ Participating Carriers would decrease Reauthorization Act of 1996, Section analyst of $55.00 per hour. from 960 hours (current rule) to 720 1213; Pub. L. 104–264), the Department Given these assumptions, we estimate hours (proposed rule), a total decrease began to collect 100 percent of Ticketed the initial reporting costs for the of 240 hours per year per Participating Itineraries for domestic passengers from proposed O&D Survey to be $38,170, or Carrier compared to our 2003 OMB all certificated and commuter carriers 694 hours, per Currently Participating estimate. While this estimation seems providing scheduled passenger service Carrier. For Newly Participating counter-intuitive, we believe that such to communities in the continental U.S. Carriers, we estimate the initial savings are possible. We attribute the (Docket OST–1997–2767; Order 97–7– reporting costs to be $47,685, or 867 240 hour per year reduction in annual 27, July 28, 1997). We note that two of hours, per Newly Participating Carrier. reporting burden for an individual the four Newly Participating Carriers These estimated costs are based on staff Participating Carrier to (1) the were affected by this order and, hours only and do not include estimates designation of Issuing Carrier, rather therefore, are familiar with data for materials or other resources. We seek than Operating Carrier, as Participating submission requirements that are comment about the methods used to Carrier (192 hours) and (2) the more similar to those requested in the determine these initial reporting costs efficient process by which Issuing proposed rule. under the proposed rule. Carriers will report 100 percent of In its response to the ANPRM, United Annual Reporting Burden. The Ticketed Itineraries in monthly, rather Air Lines (Docket OST–1998–4043–15) proposed changes to the O&D Survey than quarterly, submissions (48 hours). stated that a non-CRS participating would require Participating Carriers to As discussed in Section C.1. (Need for Carrier could create similar files from its report additional data elements for each Data Modernization: Background), own revenue accounting-type data, reported Ticketed Itinerary. The under the current rule, the level of effort ‘‘which should not be a major difficulty. proposed rule would also require required by an Operating Air Carrier to Indeed, it should be no more difficult Participating Carriers to report 100 identify whether it is the first than complying with the present O&D percent of all Ticketed Itineraries for Participating Carrier in the itinerary is Sampling requirements.’’ We also note travel involving a U.S. point, compared complex and time-consuming. If the that, when conducting its Rural Airfare to the 10 percent sample required by the first Participating Carrier is not the Study, the Department solicited current rule, and to report those Issuing Carrier and did not receive that comments about the costs of itineraries monthly rather than sale information, then the Participating compliance—that is, the cost to submit quarterly. However, even though the Carrier is required to employ staff to 100 percent of domestic continental reporting frequency and total volume of locate that lifted flight coupon. This is U.S. Ticketed Itineraries. No comments reported data for a Participating Carrier an intensely manual process, and it is a about the costs of complying with this would increase under the proposed rule, significant burden on limited human data request were received (Collectively, we believe that the total annual and financial resources of the Operating Docket OST–97–2767). Carrier. Employees with the skills We agree that Newly Participating 10 One work month = 173.3 staff hours = ((40 needed to extract information from Carriers should not find the task of hours per week * 52 weeks) divided by 12 months). visual examination of a lifted flight 11 Source: http://www.procurement.irs.treas.gov/ obtaining systems to report the tirno04r00005/amend04/wage_determination.txt. coupon have become increasingly proposed O&D Survey more onerous Although these rates are for West Virginia, they are scarce. than obtaining systems for the current the most recent wages established by the On any given day, tens of thousands O&D Survey. However, we recognize government and are comparable, in the past, to rates of passengers fly on commuter carriers assigned to other states and districts. We believe that they represent an accurate estimate of wages for and foreign air carriers operating under 8 One work month = 173.3 staff hours = ((40 hours this set of positions, effective in 2004. Furthermore, per week * 52 weeks) divided by 12 months). we do adjust the wages for this employment 12 Federal Aviation Administration 9 One work month = 173.3 staff hours = ((40 hours category to reflect the specialized requirements of Reauthorization Act of 1996, Section 1213 (Pub. L. per week * 52 weeks) divided by 12 months). the airline industry. 104–264).

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code-share agreements. As a result of Itineraries using specific sampling submitted to OMB in 2000 and was code-share ticketing procedures, the methods (49 U.S.C. Part 241 Section 19– based on the changed mix of reporting identity of the Operating Air Carrier is 7, Appendix A). We believe that the carriers (several smaller Carriers ceased often hidden from an outside observer. burden to a Carrier of extracting the reporting, thus increasing the average When the Issuing Carrier does not prescribed 10 percent sample, reporting burden for all Carriers). We provide the itinerary details to the particularly for Carriers that do not use make no adjustments to the average Operating Air Carrier, via a TCN record ticket numbers, is greater than that of burden based on the mix of or other means, then it is difficult for generating a dataset containing the full Participating Carriers because, although the Operating Air Carrier to determine universe of tickets. We therefore expect four small carriers are Newly whether any of the other Carriers whose that the incremental costs of reporting Participating Carriers under the Airline Designator appears on the ticket 100 percent of Ticketed Itineraries, proposed rule, four of the Formerly as the Marketing Carrier is scheduled to rather than a specified 10 percent Participating Carriers are also small operate the flight. The industry has sample of Ticketed Itineraries, will be Carriers. We define a small Carrier as a evolved into Code-Share agreements extremely small and that the total costs entity employing 1,500 or fewer between Franchise Code-Share Partners of electronically submitting 12 monthly employees (Air Passenger Carriers, and Mainline Partners, wherein the reports should be very similar to the Scheduled; NAICS Code 481111; SAIC Mainline Partner holds the itinerary total costs of electronically submitting 4 Code 4512), as specified by the Small information yet the current rule holds quarterly reports. Business Administration’s Table of the Franchise Code-Share Partner Identifying the specific cost savings or Small Business Size Standards. responsible for reporting the Ticketed cost increases associated with each of Itinerary. The current rule, in effect, these issues is complex. However, we We therefore anticipate that the requires a Mainline Partner to prepare note that changes within the industry annual reporting burden for multiple O&D Survey reports because it itself, as well as changes in Carriers’ Participating Carriers, under the must prepare one for itself and one for internal data processing systems, often proposed rule, of preparing and each Franchise Code-Share Partner. yield considerable savings in the annual submitting monthly O&D Survey data We believe that the proposed reporting burden. In its 2000 submission sets containing the proposed data designation of the Issuing Carrier as the to OMB (65 FR 19961; April 13, 2000), elements and 100 percent of Ticketed Participating Carrier will result in the Department estimated a 200-hour Itineraries would not exceed 720 hours significantly less manual intervention, per year per carrier, or 17 percent, on an annual basis for each Participating matching, and processing than is reduction in annual reporting burden, Carrier. The resulting annual reporting required under the current rule. from 1,152 hours to 952 hours. This cost per Participating Carrier would be Participating Carriers will report those estimated burden reduction was based approximately $11,232 (based on an Ticketed Itineraries that they themselves on conversations with several large U.S. estimated industry salary rate of about issued and for which they have full Air Carriers. $15.60 per hour 13). These estimated information present in their internal As part of our outreach activities, we costs are based on staff hours only and systems. Removing the need for spoke with the majority of U.S. Air do not include estimates for materials or Mainline Partners to prepare O&D Carriers about their current internal other resources. We seek comment Survey reports for their Franchise Code- sales, accounting, and reservations about the methods used to determine Share Partners is the reason why data systems and about their system these annual reporting costs under the can be gathered from 13 fewer Carriers requirements. These discussions were proposed rule. without loss of information from based, in part, on the comments we Reporting Burdens for Participating missing Ticketed Itineraries. We received in response to the ANPRM. As Carriers. Under the proposed O&D therefore estimate that each Currently a result of these conversations, we Survey, we estimate a total initial Participating Carrier will see a reduction estimate that these proposed changes— reporting burden for all 38 Participating in its annual reporting burden of 192 more data elements reported more Carriers of $1,488,520, or 27,064 hours. hours per year. Under the proposed frequently for all Ticketed Itineraries— We estimate a total annual reporting reporting frequency, this equates to a to the O&D Survey, when combined burden for all 38 Participating Carriers reduction of 16 hours per month. with the processing changes inherent in of $426,016, or 27,360 hours. Tables 8 Similarly, we estimate a Newly the new reporting systems, are unlikely and 9 (below) break out the reporting Participating Carrier’s annual reporting to result in cost increases and are more costs for Participating U.S. Air Carriers burden to be equal to that of a Currently likely to yield relatively small savings. and Participating Foreign Air Carriers. Participating Carrier. We estimate these savings to be 48 We further anticipate that the costs of hours per year, or 4 hours per month, 13 The average hourly wage for the industry was incorporating the proposed additional per Participating Carrier. estimated to be $10.40 in 1997 (See 62 FR 6718, data elements are included in the initial In its most recent submission to OMB February 13, 1997). While wages have, in general, reporting costs associated with the (68 FR 49543; August 13, 2003), the increased over the past seven years, many configuration of the reporting system. In Department estimated an average annual employees in the airline industry have experienced wage reductions and concessions. We therefore addition, under the current rule, hourly burden of 960 hours per estimate the average hourly wage for the airline Participating Carriers are required to Participating Carrier. This is an increase industry today to be $15.60 (a 50% increase over submit a 10 percent sample of Ticketed of 8 hours per year over the estimate the 1997 average hourly wage).

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TABLE 8.—ESTIMATED REPORTING COSTS FOR PROPOSED O&D SURVEY U.S. AIR CARRIERS

Initial reporting costs Annual reporting costs Hours per Hours per car- carrier Total hours Total cost rier Total hours Total cost

21 Currently Participating U.S. Air Car- riers ...... 694 14,574 $801,570 720 15,120 $235,872 4 Newly Participating U.S Air Carriers .... 867 3,468 190,740 720 2,880 44,928 25 Participating U.S. Air Carriers ...... 18,042 992,310 720 18,000 280,800

TABLE 9.—ESTIMATED REPORTING COSTS FOR PROPOSED O&D SURVEY FOREIGN AIR CARRIERS

Initial reporting costs Annual reporting costs Hours per Hours per car- carrier Total hours Total cost rier Total hours Total cost

13 Currently Participating Foreign Air Carriers ...... 694 9,022 $496,210 720 9,360 $146,016 0 Newly Participating Foreign Air Car- riers ...... 867 0 0 720 0 0 13 Participating Foreign Air Carriers ...... 9,022 $496,210 720 9,260 146,016

ii. Regulatory Assessment—Benefits. under the current rule. Other benefits demand data. Moving to monthly O&D The proposed rule (1) Expands the are likely as well. Survey reporting and dissemination number of data elements reported on the The change in reporting time frame enhances the air carriers’ access to this O&D Survey, (2) expands the number of will benefit reporting carriers by critical information. Furthermore, in annual data submissions of the O&D providing key industry data in a more their responses to the ANPRM, a Survey from four (quarterly) to twelve timely fashion. We are proposing that number of Carriers recommended more (monthly), and (3) expands the number data be disseminated as discussed in timely reporting and more frequent of O&D Survey records reported by an Section K.—Data Dissemination. availability of the data. individual carrier from a ten percent Furthermore, data will be available by Carriers rely not only on timely data sample to the full universe of Ticketed month of travel, rather than quarter of but also on detailed information to Itineraries involving a U.S. point. Our first travel, enabling a more fine-grained create more efficient and competitive initial regulatory assessment indicates assessment of travel demand. markets, as well as to estimate the that the benefits of the expanded As discussed in Sections D.1. and impact of new services at alternative information that would be collected D.2., a number of agencies within the airports. We believe that the proposed under the proposed rule would accrue Department, other Federal agencies, and new data elements will provide valuable to the Department, other Federal other stakeholders rely on timely and additional data for Carriers as they government agencies and offices, accurate aviation data when making a evaluate market entry and exit. Other Carriers, airports, and other variety of policy and business decisions. stakeholders, discussed in Section D.3., stakeholders. These benefits Monthly data releases will enhance both also rely on these data. substantially outweigh the additional the usefulness and quality of the O&D The Department has been reporting costs associated with the initial Survey. That is, users will be able to Directional Passenger trips in the O&D reporting burden of reconfiguring assess travel at the monthly level, Survey as the best substitute for True facilitating more precise analyses. O&D since the inception of the O&D existing, or obtaining new, systems to Monthly data further clarify the changes Survey. The additional data elements report the proposed O&D Survey. in traffic flows due to seasonality, will enable the department to report The first benefit is associated with a Carrier route changes, and preferred True O&D according to the One-way reduction in annual hourly reporting Carrier. O&D Survey data used in Trip methodology widely used in the burden. Under the proposed rule, a international negotiations would be industry. This provides a much closer Currently Participating Carrier will see more timely (i.e., at most three months approximation to the True O&D than a 240-hour per year reduction in its old) and aid the U.S.’ position in these did the Directional Passenger trip annual hourly reporting burden, from sensitive negotiations. methodology. 960 hours to 720 hours (See Section Monthly O&D submissions will Flight arrival and departure times will L.3.d.1.). The second benefit is the enable the Department to respond more provide a more accurate and useful view reduction in the set of Participating quickly to errors, late submissions, and of passenger air travel. Similarly, the Carriers. Because the proposed rule other data quality concerns. In addition, proposed change from a Directional designates the Carrier that issued the because of the changes that are being Passenger to a One-way Passenger (See Ticketed Itinerary as the Participating considered for the T–100/T–100(f), Section K.2.—Data Dissemination: Carrier, nine, or approximately 19 monthly O&D submissions could be Proposed Construction of One-way percent, fewer Carriers will submit the validated against monthly T–100/T– Trips) will enable the FAA and TSA to O&D Survey under the proposed rule. 100(f) submissions. Carriers utilize these more effectively plan airport staffing That is, under the proposed rule, fewer data to plan their businesses, accurately requirements. The identification of Participating Carriers with reduced forecast potential new services, and, for passengers as traveling through an annual burdens would provide more new entrants, devise more accurate airport versus deplaning and remaining detailed information than is available business plans based on real industry will support airport facility planning.

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State and local transportation planners Operating Carriers in an itinerary, the EAS and the Small Community Air could also use this information for second and subsequent Operating Service Development Program are planning purposes. Carriers cannot know with certainty directed towards smaller markets and Periodically, the Department has whether the first Operating Carrier require evaluation of service and fares. requested special data submissions from reported the itinerary. There is a The Department’s statutory Carriers because national economic considerable burden placed on responsibility to adapt the air interests are at stake, but the O&D Operating Carriers in the current transportation system to the present and Survey and T–100/T–100(f) do not methodology to determine whether or future needs of commerce is much more provide the requisite information. The not they have a responsibility to report extensive than the needs of the EAS 2003 SARS outbreak was one such any given multiple-Carrier itinerary. program. Because these markets are instance. The war in Iraq is another The proposed change in Participating inadequately represented in the current example of a time when the Department Carrier dramatically lowers the burden O&D Survey, the Department’s mandate has requested more detailed data. to report by shifting the reporting requires a disproportionately high Responses to special requests for data, responsibility to the Carrier that issued amount of time and interest in studying such as the previous examples, are the Ticketed Itinerary and away from markets with lower than average traffic. costly in terms of time and other the Carrier that transported the By requiring Participating Carriers to resources. The more robust data passenger. This change will reduce the submit 100 percent of Ticketed gathered by the O&D Survey and the T– burden of reporting for Participating Itineraries, the Department will have 100 under the proposed rule would Carriers because it eliminates ambiguity. more accurate and reliable data for largely eliminate the need for such Currently, if Carriers operate no small markets impacted by Federal requests. aircraft with more than 60 seats, they programs. The Department will also be The increase in the volume of data to are exempt from reporting. Since 1993, able to compare data for small markets be reported under the proposed rule at least one carrier has gone from non- served by EAS or the Small Community will result in substantial benefits to reporting (operating no aircraft with Air Service Development Program with Carriers as well as other stakeholders. more than 60 seats) to reporting similar small markets that are not direct Carriers currently must generate (operating some aircraft with more than beneficiaries of these programs. samples meeting the specific 60 seats) to non-reporting (ceasing We seek to capture the complex requirements of 14 CFR Section 19–7, operation of all aircraft with more than interrelationships between Operating Appendix A. The complex sampling 60 seats). As Carriers reconfigure Carrier, Marketing Carrier, and Issuing methodology introduces the likelihood existing equipment or increase their use Carrier. The reduced ambiguity obtained of sample errors. Furthermore, Carriers of smaller aircraft, the threshold of 60 by requiring the Issuing Carrier to report themselves have chosen more simplistic seats excludes Ticketed Itineraries that the Ticketed Itinerary should eliminate reporting processes when available. For provide critical information about the possibility that an itinerary will not example, although the Department passenger air travel and fares. For be reported. In addition, the Issuing permitted alternative sampling example, the commencement of Carrier will have all of the necessary methodologies beginning in April 1986, operations by Independence Air in June data present in its internal systems, such as sampling at least one percent of 2004 caused a profound adjustment of maximizing the efficiency and accuracy Ticketed Itineraries in major domestic fares in small, medium and large of data reporting. The increasing role markets, all Carriers reporting the O&D markets in the Eastern half of the U.S. played by code-share agreements will be Survey have decided that the simplicity However, because Independence Air represented in the O&D Survey. of using a single reporting selection does not currently operate aircraft with The benefits to all Carriers and all criterion outweighs any savings that more than 60 seats, it does not have to other stakeholders accrue from the first might accrue from sending the smaller report O&D Survey data, thereby dissemination of data. Participating volume of data. Similarly, we expect the resulting in an incomplete picture of the Carriers will have access to aggregated process of submitting 100 percent of effects of this Carrier’s start of monthly data (See Section K—Data Ticketed Itineraries will be simpler and operations. When a major realignment Dissemination) for the full universe of more efficient than the creation of more of fares can result from the actions of a Ticketed Itineraries issued by complex sampling techniques, such as Carrier that qualifies for the small Participating Carriers. Other stratified sampling or oversampling, aircraft size exemption, then the small stakeholders would also have access to intended to capture more representative aircraft size exemption must be more timely and more complete data. samples of all markets, despite the reevaluated. The overall annual reporting burden larger volume of data. When passengers fly their entire for the 34 currently Participating The proposed changes will also itineraries on smaller Carriers that are Carriers decreases by 8,160 hours and reduce the burden of reporting for not required to report the O&D Survey, $127,296. Although we are asking four Participating Carriers by bringing the their travel will not be included under U.S. Air Carriers to begin reporting the responsibility to report a Ticketed the existing system. Yet, their O&D Survey, the proposed rule will no Itinerary into alignment with standard participation in the air transportation longer require 13 U.S. carriers to report. global Carrier accounting practices. system is significant. By requiring all The annual savings for those 13 carriers These practices are based on the U.S. Air Carriers issuing tickets for are estimated to be 12,480 hours and presumption that the Issuing Carrier has travel to or from, or within, the U.S. $194,688. These savings are 433 percent all the necessary information to report a operating aircraft with 15 or more seats greater than the total estimated annual Ticketed Itinerary; therefore, the to report O&D Survey data, the resulting reporting cost for the four newly Participating Carriers will generally be passenger traffic database will contain Participating U.S. Air Carriers. self-sufficient and able to report the the majority of Ticketed Itineraries Although the initial reporting burden itinerary. issued by U.S. Air Carriers. The for the 38 Participating Carriers is Many Carriers can appear as resulting data will capture the approximately $1.49 million, the Operating Carriers on a Ticketed increasing role played by regional jets number of Participating Carriers will Itinerary, but only one Carrier is the and regional Carriers in the domestic air decrease. Under the current rule, 47 Issuing Carrier. When there are multiple transportation system. Participating Carriers have a collective

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annual reporting burden of 45,120 The incremental cost of the changes 100/T–100(f) to access the additional hours. The 38 Participating Carriers being considered for the T–100/T–100(f) data elements. The Department had would, under the proposed rule, have a is approximately $86,000 for all previously (Docket OST–1996–1049–2) collective annual reporting burden of Currently Reporting Carriers. estimated that the addition of two 27,360 hours. The proposed rule, We recognize that the initial and capacity data items, available seats and therefore, decreases the annual annual reporting costs of individual available payload capacity, would not reporting burden by approximately Reporting Carriers are likely to differ be an unreasonable burden because the 39%. That is, collectively, the 38 and, for some Reporting Carriers, may data elements were not difficult to Participating Carriers would expend be smaller than our estimates. calculate or determine and were readily 17,760 hours per year less under the Nevertheless, we have applied a single available to all air carriers through proposed rule. In the first year, these cost estimate in our regulatory computer access. We believe the data Participating Carriers face a one-time assessment. In the past, the Department elements that we are considering, initial reporting burden of 27,260 hours. has provided to Reporting Carriers Master Flight Number and flight date, We seek comment about these, and software to enable reporting of the T– should also be readily available to other, benefits that would accrue to any 100/T–100(f). Because the Department Carriers. or all stakeholders as a result of the has not yet determined whether the The cost to link the sources of Master proposed rule. modifications necessary under the Flight Number and flight date to proposed rule would be made to Currently Reporting Carriers’ existing e. Regulatory Analysis—T–100/T–100(f) Department-provided T–100/T–100(f) T–100/T–100(f) reporting systems will We are considering changes to the set reporting software, we do not assume be based on a number of factors, of data elements reported under the T– that modified software would be made including the current level of 100/T–100(f). These changes would not available to Reporting Carriers. integration of individual Carriers’ affect the definition of Reporting Carrier We recognize that some Reporting systems. We believe that this cost would in 14 CFR Part 217 Section 217.3 and 14 Carriers may choose to utilize third- be significantly less than the cost CFR Part 241 Section 19–1. However, party providers, for the initial system estimated for the one-time changes to because the data elements being reconfiguration or for monthly data the O&D Survey reporting systems. We considered are flight-specific and are submission but we do not include therefore estimate that Reporting associated with scheduled passenger air estimates of third-party provider costs Carriers would require, should the transportation, all-cargo Carriers would in this regulatory assessment. We are changes we are considering be adopted, not be affected by the proposed rule. aware that third-party providers already the equivalent of two work weeks 14 of Should we adopt the changes to the T– serve the airline industry with systems internal development and testing and 100/T–100(f) discussed in this NPRM, that collect, bundle, process, and one work week of external testing and the remaining 230 Currently Reporting transfer data between Carriers and coordination with the Department, for a Carriers would be affected. Accordingly, between Carriers and the Department. total of three work weeks, or 120 staff although we are only considering, and Thus, third-party providers may choose hours, to incorporate the changes into not proposing, the additional data items to customize or adjust existing data their systems. for the T–100/T–100(f), we include systems, already used by Reporting Under the Service Contract Act of estimates of the cost to Reporting Carriers, to meet T–100/T–100(f) 1965 (as amended), the U.S. Department Carriers (U.S. Air Carriers and Foreign submission requirements if the changes of Labor establishes the minimum Air Carriers) of including the data being considered are adopted. We hourly rate, excluding benefits, for elements in their T–100/T–100(f) assume Reporting Carriers would select Federal Contracts. In 2004, DOL submissions. this option only if its costs were lower; estimated an hourly rate of $27.62 per i. Regulatory Assessment—Costs. For as such, it is possible that Reporting hour for the positions of Computer the 230 Currently Reporting Carriers, we Carriers that decide to use third parties Programmer IV and Computer Systems estimated (1) the initial costs of revising would incur lower costs than those we Analyst III. 15 We recognize that the the reporting systems to include the have estimated. We seek comment about carriers’ hourly costs are likely to be new data items being considered and (2) the costs and benefits of the use of third- higher, particularly for skilled the annual costs of submitting the party providers for submission of the T– employees with specialized knowledge additional data elements that are being 100/T–100(f) should the changes we are of aviation data and reporting. Thus, we considered. The changes being considering be adopted. estimate an industry hourly cost for a considered do not change the reporting Initial Reporting Burden. Currently computer programmer/analyst of $55.00 requirements and do not expand the set Reporting Carriers will incur an initial per hour. of Reporting Carriers; therefore, no reporting burden, based on the system Given these assumptions, we estimate estimates are made for Newly Reporting changes that would be required to add that, should the changes we are Carriers. the two data elements we are considering making to the T–100/T– We estimate the total initial reporting considering adding to the current T– 100(f) be adopted, the initial reporting costs for the changes being considered 100/T–100(f). However, should we cost for the revised T–100/T–100(f) for the T–100/T–100(f) for all Currently adopt the changes being considered, would be $6,600, or 120 hours, per Reporting Carriers to be approximately Currently Reporting Carriers are $1.52 million, of which approximately expected to have these data elements 14 One work week = 40 hours. $799,000 would be expended by within their internal systems and, 15 Source: http://www.procurement.irs.treas.gov/ Currently Reporting U.S. Air Carriers. therefore, we anticipate that Reporting tirno04r00005/amend04/wage_determination.txt. Although these rates are for West Virginia, they are We estimate the annual reporting costs Carriers would be able to access the data the most recent wages established by the for the changes being considered for the elements. government and are comparable, in the past, to rates T–100/T–100(f) for all Currently We anticipate that, if the changes we assigned to other states and districts. We believe Reporting Carriers to be approximately are considering are adopted, the that they represent an accurate estimate of wages for this set of positions, effective in 2004. Furthermore, $387,504, of which approximately Currently Reporting Carriers would we do adjust the wages for this employment $203,861 would be expended by create supplemental automated category to reflect the specialized requirements of Currently Reporting U.S. Air Carriers. processes to produce the expanded T– the airline industry.

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Currently Reporting Carrier. This Carrier, with an average of seven hours year, for a total of 9 hours per month, estimated cost is based on staff hours per monthly response. Therefore, or 108 hours per year. only, and does not include estimates for submitting Segment records and Market Given these assumptions, we estimate materials or other resources. We seek records, grouped as described above, the annual reporting cost for the T–100/ comment about the methods used to takes an average of seven hours per T–100(f) would increase by $375, or 24 determine the initial reporting cost month, or 84 hours per year, per hours, per Currently Reporting Carrier if under the changes being considered for Reporting Carrier. the changes we are considering are the T–100/T–100(f). The changes that we are considering adopted. This estimated cost is based on Annual Reporting Burden. The making to the T–100/T–100(f) would staff hours only and does not include current structure of the T–100/T–100(f) group Market records and Segment estimates for materials or other Market file groups traffic data by carrier, records by Master Flight Number and resources. We therefore anticipate that entity, Origin, Destination, and service flight date, expanding the total number the annual reporting burden for class. The current structure of the T– of records reported. As in the previous Reporting Carriers, should the changes 100/T–100(f) Segment file further example, for a 31-day month, a we are considering be adopted, of groups traffic data by aircraft type. The hypothetical Carrier operates one daily preparing and submitting monthly T– total number of records reported for flight, with a single Master Flight 100/T–100(f) data sets containing the each file type is dependent upon the Number, with one service class, additional data elements would average extent to which traffic data can be between a particular Origin Airport and 108 hours, or approximately $1,685 grouped during the reporting period. Destination Airport. For that month, (based on an estimated industry salary Hypothetically, in a given 31-day because there are 31 flight dates for that rate of about $15.60 per hour 16), per month, a Carrier operates one daily Master Flight Number, the Carrier Currently Reporting Carrier. These flight with one service class between a would report 31 Market records estimated costs are based on staff hours particular Origin Airport and (grouped by carrier, entity, Origin, only and do not include estimates for Destination Airport. Under the current Destination, service class, Master Flight materials or other resources. We seek T–100/T–100(f) it would report one Number, and flight date). It would comment about the methods used to Market record summarizing the traffic report 31 Segment records (grouped by determine these annual reporting costs data for that Carrier, entity, Origin, carrier, entity, Origin, Destination, given the changes we are considering Destination, and service class for the service class, aircraft type, Master Flight making to the T–100/T–100(f). entire month. It would report the Number, and flight date). Reporting Burden for Reporting number of Segment records The estimated increase in annual Carriers. We are considering the corresponding to the different numbers reporting costs, for Currently Reporting addition of two data elements to the T– of aircraft types used to service that Carriers, associated with the changes we 100/T–100(f). Should those changes be route in that month. If the Carrier used are considering making to the T–100/T– adopted, we estimate a total initial only one aircraft type, it would report 100(f) is based on the increased costs to reporting burden for the 230 Currently one Segment record. If it used two identify, store, and transmit records that Reporting Carriers of $1,518,000, or different aircraft types, it would report are specific by Master Flight Number 27,600 hours. We further estimate that two Segment records, and so forth, for and flight date. We anticipate that these adoption of the changes being a maximum of 31 Segment records. costs would be reduced through considered would result in an annual In the final rule adopting the T–100/ efficient reporting systems. We reporting burden for all 230 Reporting T–100(f) reporting system (53 FR 46294, incorporate that assumption into our Carriers of 24,840 hours, or $387,504. November 16, 1988; Referenced in estimates of the initial reporting costs This is an increase of 5,520 hours, or Docket OST–96–1049–13), the that Currently Reporting Carriers would approximately $86,000. In Tables 10 Department estimated that the reporting incur if the changes we are considering and 11, below, we break out the initial burden for the entire T–100/T–100(f) are adopted. We therefore estimate that reporting costs and annual reporting system would vary between one hour the monthly reporting would increase costs for U.S. Air Carriers and Foreign and 20 hours per month per Reporting by 2 hours per month, or 24 hours per Air Carriers.

TABLE 10.—ESTIMATED REPORTING COSTS FOR CHANGES BEING CONSIDERED FOR THE T–100 [U.S. Air Carriers]

Initial reporting costs Annual reporting costs Hours per Hours per carrier Total hours Total cost carrier Total hours Total cost

121 Currently Reporting U.S. Air Carriers 120 14,520 $798,600 108 13,068 $203,860

16 The average hourly wage for the industry was increased over the past seven years, many estimate the average hourly wage for the airline estimated to be $10.40 in 1997 (See 62 FR 6718, employees in the airline industry have experienced industry today to be $15.60 (a 50% increase over February 13, 1997). While wages have, in general, wage reductions and concessions. We therefore the 1997 average hourly wage).

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TABLE 11.—ESTIMATED REPORTING COSTS FOR CHANGES BEING CONSIDERED FOR THE T–100(F) [Foreign Air Carriers]

Initial reporting costs Annual reporting costs Hours per Hours per carrier Total hours Total cost carrier Total hours Total cost

109 Currently Reporting Foreign Air Car- riers ...... 120 13,080 $719,400 108 11,772 $183,643

iii. Regulatory Assessment—Benefits. that potential impacts of draft rules on large U.S. Air Carriers begin their We recognize that, by considering the small entities will be properly journeys on small Carriers. Exemption collection of T–100/T–100(f) data by considered. The Department has of that category of Ticketed Itineraries Master Flight Number and flight date, established Policies and Procedures for from reporting affects the integrity of the we would increase the total number of Implementing Executive Order 13272. statistical data and would affect some records to be submitted by Current We define a small Carrier as an entity markets disproportionately, thereby Reporting Carriers. However, the employing 1,500 or fewer employees introducing bias into the data. The addition of Master Flight Number and (Air Passenger Carriers, Scheduled; Department believes that the best way to flight date would enable the T–100/T– NAICS Code 481111; SAIC Code 4512), minimize the negative effects of 100(f) to continue to be used to verify as specified by the Small Business regulation on small entities is to correct the O&D Survey. The proposed data Administration’s Table of Small the Department’s reliance on Directional elements will improve the quality and Business Size Standards. Passengers, change the reporting responsibility to the Issuing Carrier, and use of traffic data in decision making by a. Affected Businesses enabling a maximum congruence obtain information about 100 percent of between the T–100/T–100(f) and the The changes we are considering Ticketed Itineraries. O&D Survey. As such, it supports the making to the T–100/T–100(f) would Small entities benefit from cost- benefits associated with the proposed affect all Air Carriers that are required effective access to better information changes to the O&D Survey (Section to report the T–100/T–100(f) under the that is critical to making sound business L.3.d.2). The changes being considered current rule. The definition of Reporting decisions. Small entities are more for the T–100/T–100(f) would, through Carrier is not affected by the possible dependent on the Department’s data data specific to Master Flight Number changes. Previous changes to the T–100/ than are larger competitors which can and flight date, provide additional T–100(f) were expected to affect afford alternative data sources. information for airport and air traffic approximately 100 small entities, and However, all Carriers must be confident control planning. Stakeholders would were certified as not having a significant that the statistical and financial data have information about aircraft size, economic impact on a substantial disseminated by the Department number of passengers, and flow of number of small entities (Docket OST– measure the industry accurately. The passengers and aircraft by time of day. 1998–4043; 67 FR 49217, July 30, 2002). Department must use the correct metrics Therefore, we believe that, if the to reflect the global airline industry and 4. Regulatory Flexibility Act of 1980, changes we are considering making to must disseminate industry statistics in Small Business Regulatory Enforcement the T–100/T–100(f) are adopted, there ways that are useful and understandable Fairness Act of 1996, Executive Order will likely be no significant economic for all stakeholders. The proposed 13272 impact on a substantial number of small changes to the O&D Survey and the The Regulatory Flexibility Act (RFA) entities. changes being considered for the T–100/ of 1980 (Pub. L. 96–354; 94 Stat. 1164; The proposed changes to the O&D T–100(f) will increase the efficiency of codified at 5 U.S.C. 601) requires Survey would affect all Carriers all Carriers. More complete data reduce agencies to consider the impact of their operating aircraft with 15 or more seats the need for supplemental reports and regulatory proposals on small entities, and issuing tickets for travel on specialized data processing, which are a analyze effective alternatives that scheduled interstate passenger services greater burden to smaller Carriers. Our minimize the impact on small entities, to or from, or within, the U.S. Four new rules would also benefit most and make their analyses available for small entities would cease to report the Carriers because, within confidentiality public comment. It does not, however, O&D Survey, while four different small constraints, all Carriers will have access seek preferential treatment for small entities would begin to report the O&D to data that accurately and completely entities, require agencies to adopt Survey. Small entities represent 9.5 reflect the state of the airline industry, regulations that impose the least burden percent of Participating Carriers under including traffic and operating data. on small entities, or mandate the proposed rule, and 100 percent of More timely data submission (by exemptions for small entities. Newly Participating Carriers under the carriers) and data dissemination (by the The Small Business Regulatory proposed rule. Our proposed rules do Department) will enhance the Enforcement Fairness Act (SBREFA) of contain direct reporting, recordkeeping, usefulness of the collected data. 1996 amended the Regulatory or other compliance requirements that Furthermore, small entities will benefit Flexibility Act of 1980. The Department would affect small entities. However, from complete (e.g., 100 percent) data has established a Guidance Manual on the Department cannot exempt all small for the markets they themselves serve. SBREFA. carriers from reporting the passengers Section 213(a) of SBREFA requires the Executive Order 13272 (67 FR 52462, they carry without jeopardizing the Department to assist small entities in August 16, 2002) requires each agency completeness and accuracy of the traffic understanding the proposed rule so that to establish written procedures and statistics. Small entities are integrated they can better evaluate its effects of policies to promote compliance with the into the fabric of the global aviation them and participate in the rulemaking Regulatory Flexibility Act and to ensure industry. Many passengers carried by process. We encourage small entities to

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contact Richard Pittaway at the address is out of step with the current operating The Department believes that the listed under FOR FURTHER INFORMATION environment for regional airlines.’’ most significant reporting burden on CONTACT with any questions about the Smaller airports are also small Carriers will be removed by proposed rule, its provisions, or options disadvantaged under the current shifting the reporting responsibility to for compliance. reporting requirements. These airports the Issuing Carrier. The vast majority of b. Initial Regulatory Flexibility are often predominantly served by small carriers, under the proposed Statement smaller, non-reporting Franchise Code- system, would not be required to report Share Partners; trips taken on non- the O&D Survey at all. Nonetheless, We do not anticipate that the changes reporting Carriers are missing from the Carriers that issue Ticketed Itineraries we are considering making to the T– O&D Survey data. Small airports that are on their own ticket stock remain a 100/T–100(f) will have a significant served from only one hub are more concern under SBREFA. economic impact on a substantial vulnerable to circuity factors number of small businesses. Although inappropriately identifying a break in The Department recognizes that the we anticipate that the proposed changes the direction of travel. Even if every part markets served by Air Taxis and other to the O&D Survey, and therefore the of a Ticketed Itinerary were reported similarly small operations represent a proposed rule, may have a significant correctly, small airports would still be significantly different transportation economic impact on the four small disadvantaged because the 10 percent market. The Department acknowledges entities that will become Newly sample is less accurate and reliable for that passengers in this market must be Participating Carriers, we believe that the small number of passengers measured differently than the the benefits gained by all small entities, traveling there. Without accurate and passengers in the global air including these four Carriers, offset the complete scheduled passenger traffic transportation market. We do not wish additional costs. Because four small data, smaller airports are less able to to burden these truly small carriers entities will become Participating schedule services, assess facilities serving local needs and have therefore Carriers while four other small entities demand, and identify growth not proposed to require them to report will no longer be required to report the opportunities. data. The Department wishes to reduce O&D Survey, we believe that the net As shown in Table 1, 38 U.S. Air the ambiguity in a Carrier’s impact of the proposed rule is relatively Carriers will be affected by the proposed classification as a Participating Carrier. small. Accordingly, I certify that the changes to the O&D Survey. Of the 13 Moving into and out of the Participating proposed rule will not have a significant economic impact on a substantial formerly Participating Carriers (i.e., Carrier classification from time to time number of small entities. Interested those Carriers that would no longer is problematic for both the Carrier persons may address our conclusions submit the O&D Survey under the concerned and for the community of under the Regulatory Flexibility Act in proposed rule), four are considered users of the O&D Survey. This their comments submitted in response small business entities under the Small ambiguity in the current system has had to this notice of proposed rulemaking. Business Administration’s Table of a disproportionately negative impact on Small Business Size Standards. The smaller entities since they are more c. O&D Survey remaining nine have more than 1,500 likely to be affected by the current Inherent in the RFA is a desire to employees and/or are subsidiaries of reporting threshold. Therefore, we remove barriers to competition. New parent companies where the total propose that (1) carriers only flying entrant competitors are the lifeblood of employees are more than 1,500 planes within a single state, (2) carriers the airline industry, bringing employees. flying no aircraft with 15 or more seats, innovations and new business concepts All four of the newly Participating (3) non-scheduled air taxi services, and to the marketplace. Within the aviation Carriers are considered small business (4) non-scheduled helicopter carriers sector, small entities are disadvantaged entities under the Small Business will continue to be exempt from relative to larger entities. Large carriers Administration’s Table of Small reporting the O&D Survey. have the resources and longevity to Business Size Standards. Because four Because small Carriers provide research and develop markets using small entities will no longer be required service to smaller markets, they will costly information independent of the to report, and four different small benefit from the additional traffic data statistical data disseminated by the entities will become Participating that will be available under the Federal government. Carriers, there is a net addition of zero Small and new entrant Carriers small business entities as Participating proposed rule. EAS and the Small depend on the Department’s traffic data Carriers for the O&D Survey. Community Air Service Development to a greater degree in planning their We anticipate that the proposed Program are directed towards smaller businesses than do larger and changes to the O&D Survey may have a markets and require evaluation of incumbent Carriers. Inaccurate and significant economic impact on the service and fares. Under EAS, the incomplete data disseminated by the small businesses affected. Small entities Department determines the minimum Department disproportionately hinders represent 100 percent of the newly level of service required at each eligible small and new entrant Carriers. The Participating Carriers and 9.5 percent of community by specifying a hub through Regional Airline Association (Docket Participating Carriers under the which the community is linked to the OST–1998–4043–11), an association of proposed rule. We believe that the global air transportation system, and small and medium-sized Carriers, stated annual reporting burden will be less for specifying a minimum service level in in its ANPRM comments that ‘‘it is clear smaller entities because they generate, terms of flights and available seats. that for the U.S. regional airline process, store, and submit fewer Where necessary, the Department pays a industry, the current data collection Ticketed Itineraries than larger entities. subsidy to a Carrier to ensure that the process is both inappropriate and However, we recognize that the initial specified level of service is provided. inconsistent. The current structure of reporting burden will be proportionately More detailed data will assist the reporting rules and regulations offer greater for both the currently Department in its allocation of funds to what the Association considers to be an participating small entities and newly these programs and to eligible Carriers approach to information gathering that participating small entities. participating in them.

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d. T–100/T–100(f) that the changes we are considering annual reporting for U.S. Air Carriers As shown in Table 2, 121 U.S. Air making to the T–100/T–100(f) would from 960 hours per year (240 hours per Carriers would be affected by the not, if adopted, have a significant submission, with data reported changes we are considering making to economic impact on the small quarterly) to 720 hours per year (60 the T–100. Because the proposed rule businesses affected. hours per submission, with data makes no change in the criteria for 5. Paperwork Reduction Act of 1995 reported monthly). In addition, by Reporting Carrier, we conclude that the designating the Issuing Carrier as the The Paperwork Reduction Act of 1995 number of small entities that would be Participating Carrier, the proposed (Pub. L. 104–113; 5 CFR 1320.0; 44 impacted if the changes we are changes to the O&D Survey are U.S.C. 3501 et seq.) requires each considering making are adopted is not estimated to reduce the number of Federal agency to (1) Establish a affected by the content of those Participating U.S. Air Carriers by nine process, independent of program potential changes. Eighty-nine of the (13 U.S. Air Carriers would cease to responsibility, to evaluate proposed 121 U.S. Air Carriers that would be report while four U.S. Air Carriers affected if the changes were adopted are collections of information; (2) manage would begin to report). In sum, under small entities under the Small Business information resources to reduce the proposed changes to the O&D Administration’s Table of Small information collection burdens on the Survey, the collective annual reporting Business Size Standards. Nine of the public; and (3) ensure that the public burden for U.S. Air Carriers is estimated 121 entities are subsidiaries of larger has timely and equitable access to at 18,000 hours. When Foreign Air airlines and the total employee base is information products and services. Its Carriers that operate under 49 U.S.C. greater than 1,500. Twenty-nine of the purposes include (1) The minimization 41308 and 41309 and are required, 121 entities have 1,500 or more of the paperwork burden resulting from under grant of antitrust immunity, to employees. Of the remaining 89, 24 the collection of information by or for report itineraries involving a U.S. point have been confirmed as having fewer the Federal government; (2) ensuring the are included, the proposed changes to than 1,500 employees and 59 are greatest possible public benefit from and the O&D Survey are estimated to result presumed to have fewer than 1,500 maximization of the utility of in a collective annual reporting burden employees based on the total number of information created, collected, for the world airline industry of 27,360 aircraft operated by the individual maintained, used, shared and hours. These data are detailed in Tables Carrier. Sources include internal disseminated for or by the Federal 8 and 9. If these changes are not made, departmental counts of Carriers’ government; (3) improving the quality the collective annual reporting burden employees, the Regional Airline and use of Federal information to for U.S. Air Carriers is estimated to be Association (http://www.raa.org/ strengthen decision making, 32,640 hours and the collective annual members/AirlineDirectory.htm) and accountability, and openness in reporting burden for the world airline Reference USA (http:// government and society; (4) industry is estimated to be 45,120. minimization of the cost to the Federal www.referenceusa.com). The changes that we are considering government of the creation, collection, As with the proposed O&D Survey, making to the T–100/T–100(f) are maintenance, use, dissemination, and we believe that the annual reporting estimated to increase the annual disposition of information; and (5) burden associated with the changes we reporting burden for Reporting Carriers providing for the dissemination of are considering making for the T–100/ by 2 hours per month, or a total of 24 public information on a timely basis, on T–100(f) will be less for smaller entities hours per year. If we were to make the equitable terms, and in a manner that because they operate fewer flights and, changes to the T–100/T–100(f) that we promotes the utility of the information therefore, generate, process, store, and are considering, the collective annual to the public and makes effective use of submit fewer records than larger reporting burden for U.S. Air Carriers entities. The estimated initial reporting information technology. would be 13,068 hours and the burden, assuming adoption of the The proposed changes to the O&D collective annual reporting burden for changes being considered, would be Survey and the changes being the world airline industry would be approximately 120 hours, or $6,600 per considered for the T–100/T–100(f) 24,840. These data are detailed in carrier. However, we note that BTS has, contain collection-of-information Tables 10 and 11. If we do not make the in the past, provided T–100 reporting requirements subject to the Paperwork changes we are considering, the software to Carriers upon request. Small Reduction Act. Under the Paperwork collective annual reporting burden entities that have, in the past, relied Reduction Act, a person is not required under the T–100/T–100(f) would be upon BTS software to reduce or even to respond to a collection of information 10,164 hours for U.S. Air Carriers and eliminate the initial reporting burden by a Federal agency unless the associated with past changes to the T– collection displays a valid OMB control 19,320 for the world airline industry. 100/T–100(f) may be able to continue to number. The reporting and Table 12, below, compares the do so. recordkeeping requirement associated collective annual reporting burden for Furthermore, we note that when with this proposed rule is being sent to the proposed O&D Survey changes to approximately 100 small entities first OMB for approval in accordance with the collective annual reporting burden began to report the T–100, in place of the Paperwork Reduction Act, under under the current rule. Table 13, below, Form 298–C, Schedule T–1, we found OMB NO: 2139–0001 (for the O&D compares the collective annual that change would not have a significant Survey) and OMB NO. 2138–0040 (for reporting burden for the changes we are economic impact on a substantial the T–100/T–100(f)). considering making to the T–100/T– number of small entities (67 FR 49217, The proposed changes to the O&D 100(f) to the collective annual reporting July 30, 2002). Therefore, we conclude Survey are estimated to reduce the burden under the current rule.

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TABLE 12.—COLLECTIVE ANNUAL REPORTING BURDEN FOR U.S. AIR CARRIERS AND WORLD AIRLINE INDUSTRY PROPOSED CHANGES VERSUS CURRENT RULE O&D SURVEY

Proposed changes to Current O&D survey col- O&D survey collective lective annual reporting annual reporting burden burden (hours) (hours)

U.S. Air Carriers ...... 18,000 32,640 World Airline Industry ...... 27,360 45,120

TABLE 13.—COLLECTIVE ANNUAL REPORTING BURDEN FOR U.S. AIR CARRIERS AND WORLD AIRLINE INDUSTRY CONSIDERED CHANGES VERSUS CURRENT RULE T–100/T–100(F)

Proposed changes to Current O&D survey col- O&D survey collective lective annual reporting annual reporting burden burden (hours) (hours)

U.S. Air Carriers ...... 13,068 10,164 World Airline Industry ...... 24,840 19,320

a. O&D Survey Estimate of the Total Annual a more detailed view of this traffic and Agency: Office of the Secretary. Reporting and Recordkeeping Burden enable the continuation of validating the Title: Passenger Origin-Destination Resulting from the Collection of enhanced O&D Survey with the T–100/ Survey Report. Information: We estimate the total T–100(f) reports. Description of the Likely Respondents: Type of Request: Revision of a annual burden to 25 U.S. Air Carriers Respondents are those U.S. Air Carriers currently approved collection. and 13 Foreign Air Carriers resulting subject to reporting under 14 CFR Part Affected Public: Businesses. from the proposed rule to be 27,260 OMB Clearance Number (Current): hours and $426,816. For Carriers 241 and Foreign Air Carriers subject to reporting under 14 CFR Part 217. 2139–0001 (expires 12/31/06). reporting under the current rule, the Estimate of the Total Annual OMB Clearance Number (Proposed): proposed rule results in a net decrease Reporting and Recordkeeping Burden To be determined. of 240 hours per year per Carrier. Resulting from the Collection of Requested Expiration Date of b. T–100/T–100(f) Information: We estimate that, should Approval: Three years from the date of the changes we are considering to the approval. Agency: Office of the Secretary. Title: Passenger Report of Traffic and T–100/T–100(f) be adopted, the total Proposed Use of Information: Capacity Statistics—The T–100/T–100(f) annual burden would increase by 5,520 Electronic Dissemination to System. hours and $86,112. Transportation Planners and Analysts. Type of Request: Revision of a Frequency: Monthly. 6. The National Environmental currently approved collection. Protection Act of 1969 Summary of the Collection of Affected Public: Businesses. Information: We are proposing that OMB Clearance Number (Current): The Department has analyzed the Issuing Carriers operating aircraft with 2138–0040 (expires 7/31/05). proposed changes to the O&D Survey at least 15 seats report 100 percent of OMB Clearance Number (Proposed): and the changes being considered for the ticketed itineraries that they issue To be determined. the T–100/T–100(f) for the purpose of involving at least one Origin and/or Requested Expiration Date of the National Environmental Protection Destination in the U.S. and to do so Approval: Three years from the date of Act (Pub. L. 91–190 as amended; 42 monthly. Data from the O&D Survey are approval. U.S.C. 4321–4347). The proposed used by the Department to fulfill its Proposed Use of Information: amendments will not have any impact aviation mission. Electronic Dissemination to on the quality of the human Description of the Need for the Transportation Planners and Analysts. environment. Information and Proposed Use of the Frequency: Monthly. Information: To capture the Summary of the Collection of 7. Executive Order 13132 proliferation of code-sharing and Information: We are considering Executive Order 13132, Federalism increased use of regional carriers, we requiring Carriers subject to T–100/T– (64 FR 43255, August 10, 1999), requires will collect information on the Issuing 100(f) reporting submit expanded T– Federal agencies to adhere to the Carrier, Marketing Carrier, and 100/T–100(f) reports containing two fundamental federalism principles set Operating Carrier as well as flight- additional data elements. Data from the out in Section 2 as well as to adhere to specific data and information about T–100/T–100(f) are used by the the criteria specified in Section 3. passenger catchment areas. Department to fulfill its aviation The proposed changes to the O&D Description of the Likely Respondents: mission. Survey and the changes being Respondents are U.S. Air Carriers Description of the Need for the considered for the T–100/T–100(f) have issuing tickets for service to, from, or Information and Proposed Use of the been analyzed in accordance with the within the U.S. and operating aircraft Information: The T–100/T–100(f) principles and criteria contained in with 15 or more seats and Foreign Air provides information about the Executive Order 13132. We have Carriers that operate service involving a movement of aircraft and passengers determined that the proposed rule will U.S. Point under 49 U.S.C. Sections through the national air space system. have no substantial direct effects on the 41308 and 41309. The additional data elements will allow States, on the relationship between the

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national government and the States, or will not preempt tribal law. Therefore, owned collectively by Carriers to collect on the distribution of power and they are exempt from the consultation ticket information and funds from responsibilities among the various requirements of Executive Order 13175, individual travel agencies and distribute levels of government. Therefore, we Consultation and Coordination With the information and funds to the have determined that it does not have Indian Tribal Governments (65 FR appropriate Carriers. sufficient federalism implications to 67249, November 9, 2000). If tribal 4. ARNK. Arrival unknown. warrant the preparation of a Federalism implications are identified during the 5. Carrier. A U.S. Air Carrier or Assessment or to warrant consultations comment period, we will undertake Foreign Air Carrier. with State and local governments. appropriate consultations with the 6. City Code. The IATA location affected Indian tribal officials. 8. Executive Order 12630 identifier assigned to a city associated 12. Executive Order 13211 with multiple airports. Executive Order 12630, Government 7. Currently Participating Carrier. An Actions and Interference with We analyzed the proposed changes to Air Carrier or Foreign Air Carrier that is Constitutionally Protected Property the O&D Survey and the changes being required to report the O&D Survey Rights (53 FR 8859, March 15, 1998; 3 considered for the T–100/T–100(f) under the current rule and would be CFR 1988 Comp., p.554), specifies that under Executive Order 13211, Actions required to report the O&D Survey Federal Agencies should be sensitive to, Concerning Regulations that proposed in this rulemaking. anticipate, and account for, the Significantly Affect Energy Supply, 8. Currently Reporting Carrier. An Air obligations imposed the Just Distribution, or Use. We have Carrier or Foreign Air Carrier that is Compensation Clause of the Fifth determined that the proposed changes required to report the T–100/T–100(f) Amendment in planning and carrying to the O&D Survey and the changes under the current rule and would be out governmental actions, among other being considered for the T–100/T–100(f) required to report the T–100/T–100(f) purposes. are not classified as a ‘‘significant under the rule proposed in this The proposed changes to the O&D energy action’’ under that order and rulemaking. Survey and the changes being would not have a significant adverse 9. Designated Carrier Liaison. An considered for the T–100/T–100(f) effect on the supply, distribution, or use individual authorized to act on behalf of would not effect a taking of private of energy. the Participating Carrier in operational property or otherwise have taking 13. OMB Circular No. A–76 (Revised) matters pertaining to the Carrier’s implications under Executive Order collection of data and subsequent We have analyzed the proposed 12630. submission of the data to the changes to the O&D Survey and the Department. 9. Executive Order 12988 changes being considered for the T–100/ 10. Directional Passenger. A Executive Order 12988, Civil Justice T–100(f) under Circular No. A–76 passenger’s continuous trip in the same Reform (61 FR 4729, February 7, 1996), (revised), Performance of Commercial direction regardless of the number of seeks to improve legislative and Activities. It is the policy of the Federal days the journey takes, but subject to regulatory drafting to enact legislation government to ensure that the American certain circuity rules designed to and promulgate regulations that do not people receive maximum value for their approximate the passenger’s True O&D. unduly burden the Federal Court tax dollars by subjecting certain 11. Fare Category. A summary System, among other purposes. activities of the government to category of fare basis codes. The proposed changes to the O&D competition. We find that the activity of 12. Franchise Code-Share. A code- Survey and the changes being collection of data under the proposed share relationship wherein one Carrier considered for the T–100/T–100(f) meet changes to the O&D Survey and the markets air travel as a wet-lease on applicable standards in Sections 3(a) changes being considered for the T–100/ another Carrier’s flights whether or not and Section 3(b)(2), of Executive Order T–100(f) may be deemed a commercial a wet-lease agreement per se actually 12988, to minimize litigation, eliminate activity. ambiguity, and reduce burden. exists, and wherein one of the Carrier’s 14. Regulation Identifier Number partners will never appear as the 10. Executive Order 13045 A regulation identifier number (RIN) Marketing Carrier for the other. We have analyzed the proposed is assigned to each regulatory action 13. Franchise Code-Share Partner. In changes to the O&D Survey and the listed in the Unified Agenda of Federal a Franchise Code-Share, the Carrier that changes being considered for the T–100/ Regulations. The Regulatory Information is reported in the O&D Survey as the T–100(f) under Executive Order 13045, Service Center publishes the Unified Operating Carrier but not as the Protection of Children From Agenda in April and October of each Marketing Carrier. Environmental Health Risks and Safety year. The RIN number 2105–AC71 14. Flight-Coupon Stage. The portion Risks (62 FR 19883, April 23, 1997). The contained in the heading of this of a Ticketed Itinerary that lies between proposed changes to the O&D Survey document can be used to cross-reference two sequential points of a Ticketed and the changes being considered for this action with the Unified Agenda. Itinerary. A passenger’s Flight-Coupon the T–100/T–100(f) do not concern an Stage may involve multiple takeoffs and environmental risk to health or risk to M. Glossary landings. A Flight-Coupon Stage may be safety that may disproportionately affect 1. Air Carrier. Any citizen of the on any scheduled transportation held children. United States who undertakes, whether out and ticketed by the Issuing Carrier. directly or indirectly or by lease or any 15. Flight-Stage. The operation of an 11. Executive Order 13175 other arrangement to engage in air aircraft from takeoff to landing. The proposed changes to the O&D transportation. Technical stops are disregarded. Survey and the changes being 2. Airline Designator. The two 16. Flight-Stage Origin Airport. The considered for the T–100/T–100(f) will character airline identifier as listed in airport identifier of the airport from not have tribal implications, will not the IATA Airline Coding Directory. which a Flight-Stage departs. For impose substantial direct compliance 3. ARC. Airlines Reporting intermodal ticketed ground stations, costs on Indian tribal governments, and Corporation (ARC) is a clearinghouse such as a bus station or a train station,

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that station should be treated as an Itinerary, which are associated with one the manufacture, development or testing airport. another using a standard methodology of a particular type of aircraft or aircraft 17. Flight-Stage Destination Airport. that is designed to approximate the equipment, when the transportation is The airport identifier of the airport in passenger’s True O&D. provided for the purpose of in-flight which a Flight-Stage arrives. For 30. One-way Trip Origin. The first observation and subject to applicable intermodal ticketed ground stations, airport of a One-way Trip. FAA regulations; such as a bus station or a train station, 31. One-way Trip Destination. The m. Persons engaged in promoting air that station should be treated as an final airport of a One-way Trip. transportation; airport. 32. Operating Carrier. The Carrier n. Air marshals and other 18. Foreign Air Carrier. An airline that whose aircraft and flight crew are used Transportation Security officials acting is not a U.S. Air Carrier. to perform a Flight-Coupon Stage. in their official capacities and while 19. Formerly Participating Carrier. An 33. Participating Carrier. An Air traveling to and from their official Air Carrier or Foreign Air Carrier that is Carrier or Foreign Air Carrier that is duties; and required to report the O&D Survey required to report the O&D Survey. o. Other authorized persons, when under the current rule but would not be 34. Passenger, Nonrevenue. A person such transportation is undertaken for required to report the O&D Survey traveling free or under token charges, promotional purpose. under the rule proposed in this except those expressly named in the 35. Passenger, Revenue. A passenger rulemaking. definition of Revenue Passenger; a for whose transportation an air carrier 20. Formerly Reporting Carrier. An person traveling at a fare or discount receives commercial remuneration. This Air Carrier or Foreign Air Carrier that is available only to employees or includes, but is not limited to, the required to report the T–100/T–100(f) authorized persons of air carriers or following examples: under the current rule but would not be their agents or only for travel on the a. Passengers traveling under publicly required to report the T–100/T–100(f) business of the carriers; and an infant available tickets including promotional under the rule proposed in this who does not occupy a seat. The offers (for example two-for-one) or rulemaking. definition includes, but is not limited to loyalty programs (for example, 21. Issuing Carrier. The Air Carrier or following examples of passengers when redemption of frequent flyer points); Foreign Air Carrier that is responsible traveling free or pursuant to token b. Passengers traveling on vouchers or for the ticket stock on which the charges: tickets issued as compensation for Ticketed Itinerary is issued and that is a. Directors, officers, employees, and denied boarding or in response to responsible for collecting the others authorized by the air carrier consumer complaints or claims; remuneration for the fare and the taxes operating the aircraft; c. Passengers traveling at corporate and fees. Also known as plating carrier. b. Directors, officers, employees, and discounts; 22. Issuing Carrier Identifier. The others authorized by the air carrier or d. Passengers traveling on preferential IATA assigned code that identifies the another carrier traveling pursuant to a fares (Government, seamen, military, Carrier that issued a Ticketed Itinerary. pass interchange agreement; youth, student, etc.); 23. Licensed Foreign Air Carrier. A c. Travel agents being transported for e. Passengers traveling on barter Foreign Air Carrier with a permit issued the purpose of familiarizing themselves tickets; and under the requirement described in 49 with the carrier’s services; f. Infants traveling on confirmed- U.S.C. 41301. d. Witnesses and attorneys attending space tickets. 24. Mainline Partner. In a Franchise any legal investigation in which such 36. Reporting event. The event that Code-Share, the Mainline Partner is the carrier is involved; signals the Participating Carrier to Carrier that appears as the marketing e. Persons injured in aircraft report a Ticketed Itinerary. carrier. accidents, and physicians, nurses, and 37. Reporting Carrier. An Air Carrier 25. Marketing Carrier. The Carrier that others attending such persons; or Foreign Air Carrier that is required to appears as the Carrier for a Flight- f. Any persons transported with the report the T–100/T–100(f). Coupon Stage on a Ticketed Itinerary, object of providing relief in cases of 38. TCN. The Transmission Control whether or not it actually operates the general epidemic, natural disaster, or Number record is a record used to share flight. other catastrophe; information about a Ticketed Itinerary 26. MIDT. The Marketing Information g. Any law enforcement official, between a GDS and multiple Carriers or Data Tape is information, sold by a GDS, including any person who has the duty between one Carrier and multiple about air travel reservations made of guarding government officials who Carriers. through travel agents. are traveling on official business or 39. Ticketed Itinerary. The collection 27. Newly Participating Carrier. An traveling to or from such duty; of information from an Air Travel Air Carrier or Foreign Air Carrier that is h. Guests of an air carrier on an Ticket, issued by an Air Carrier or not required to report the O&D Survey inaugural flight or delivery flights of Foreign Air Carrier to a Revenue under the current rule but would be newly-acquired or renovated aircraft; Passenger. The collection of information required to report the O&D Survey i. Security guards who have been about a journey shall be unique for the under the rule proposed in this assigned the duty to guard such aircraft Issuing Carrier for the Date of Issue. rulemaking. against unlawful seizure, sabotage, or 40. True O&D. A passenger’s view of 28. Newly Reporting Carrier. An Air other unlawful interference; a purposeful trip of one or more Flight- Carrier or Foreign Air Carrier that is not j. Safety inspectors of the National Stages, one or more of which include required to report the T–100/T–100(f) Transportation Safety Board or the FAA travel by scheduled air transportation, under the current rule but would be in their official duties or traveling to or measured from the beginning of the trip required to report the T–100/T–100(f) from such duty; (origin) until the end of the trip under the rule proposed in this k. Postal employees on duty in charge (destination), where the individual rulemaking. of the mails or traveling to or from such intends to conduct business or engage in 29. One-way Trip. A collection of duty; leisure activity. information about a journey of one or l. Technical representatives of 41. United States. The States of the more Flight-Stages of a Ticketed companies that have been engaged in United States, the District of Columbia,

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and the territories and possessions of issuing Ticketed Itineraries that include Ticketed Itineraries to be reported in the the United States, including the an airport within the U.S. periods reported; that the various items territorial sea and the overlying (d) Carriers that qualify as a herein reported were determined in airspace. Participating Carrier after the effective accordance with the standard date of this regulation will be required accounting practices of the company; List of Subjects to: and that the data contained herein are 14 CFR Part 241 (1) File O&D Survey data for testing reported on a basis consistent with that purposes no more than 30 days after Air carriers, Reporting and of the preceding report except as qualifying as a Participating Carrier and specifically noted in explanations that recordkeeping requirements, Uniform (2) File O&D Survey data as of the first System of Accounts. preceded the submission of the Ticketed day of the month that begins more than Itineraries. 14 CFR Part 249 60 days and no more than 91 days after (b) Source and Accuracy Statement. Air carriers, Reporting and the month the carrier qualifies as a The Participating Carrier’s Source and recordkeeping requirements, Truth in Participating Carrier. Accuracy Statement shall disclose the lending, Uniform System of Accounts. Section 26–2 Submission of Reports to Participating Carrier’s data source, data the O&D Survey collection methodology, and measures N. Proposed Rule to assure data quality. (a) Each Participating Carrier shall Accordingly, the Department (c) Designated Company Official. A submit to the Department, in the proposes to amend 14 CFR chapter II as Participating Carrier’s Designated manner specified in the Passenger follows: Company Official may authorize an Origin-Destination Survey Directives, agent to prepare and to file the O&D PART 241—UNIFORM SYSTEM OF information about Ticketed Itineraries it Survey information on behalf of the ACCOUNTS AND REPORTS FOR AIR issues. The information about Ticketed Participating Carrier. Such an CARRIERS Itineraries to be reported is found in arrangement does not alter the Appendix A of this section. obligation of the Participating Carrier to 1. The authority citation for part 241 deliver the information properly, deliver continues to read as follows: Section 26–3 Certification and Authentication the information promptly, and certify Authority: 49 U.S.C. 329 and chapters 401, the completeness and accuracy of the (a) Certification. (1) Each Participating 411, 417. information. Carrier shall designate an elective (d) Designated Carrier Liaison. The 2. Sections 26–1 through 26–5 and an officer, an executive or a director or Participating Carrier’s Designated undesignated center heading are added such other person as may be authorized Carrier Liaison will serve as the point of to read as follows: by the carrier to serve as the Designated contact between the Department and the Company Official. The Participating Passenger Origin—Destination Survey Participating Carrier for the resolution Carrier shall disclose the individual’s Section 26–1 Applicability of reporting issues. name, title and such contact information (a) Participating Carriers shall provide as the Department specifies in the Section 26–4 Retention and data for the Passenger Origin- Passenger Origin-Destination Survey Accessibility of Data Destination Survey (O&D Survey). Directives. Each Participating Carrier shall Participating Carriers shall prepare (2) The Participating Carrier’s information from Ticketed Itineraries for maintain its prescribed operating Designated Company Official shall: statistics in a manner and at such submission as described in Appendix A (a) Certify the authenticity and locations as will permit ready to this section and as described in the accuracy of the Participating Carrier’s accessibility for examination by Passenger Origin-Destination Survey submission of O&D Survey data to the representatives of the Department. The Directives issued by the Department of Department, record retention requirements are Transportation. (b) Maintain the accuracy of the prescribed in part 249 of this chapter. (b) Participating Carriers with special Participating Carrier’s information on operating characteristics may request a file with the Department, Section 26–5 Confidentiality of Data. waiver and propose an alternative O&D (c) Provide the Department with a Data covering the operations of Air Survey collection and reporting source and accuracy statement, and Carriers and Foreign Air Carriers will procedure to the Department. Such (d) Authorize a Designated Carrier not be available to the public when the departures from the prescribed O&D Liaison to act on behalf of the data would cause damaging competitive Survey practices shall not be authorized Participating Carrier in operational impact on the Air Carriers or Foreign unless approved in writing by the matters pertaining to the company’s Air Carriers and when adverse effects Department. collection and submission of the O&D upon the public interest would result (c) A Participating Carrier in the O&D Survey. from disclosure of the data. Survey shall include: (3) The certification of the reports, (1) All Air Carriers issuing Ticketed embodied in Schedule A thereof, shall 3. Appendix A to section 26 is added Itineraries for interstate or international read as follows: I, the undersigned (Title to read as follows: scheduled passenger services and that of certifying official) of the (Full name Appendix A to Section 26—Instructions operate aircraft with 15 or more seats, of the Participating Carrier) do certify to Participating Carriers for Collecting and that reports and supporting documents and Reporting Passenger Origin- (2) Foreign air carriers licensed to which are submitted for the O&D Survey Destination Survey Statistics hold out service to the U.S. under 49 are prepared under my direction: that I I. Participating Carriers shall provide data U.S.C. 41301 and that have been granted carefully examined them and that they for the O&D Survey. The authority for these antitrust immunity for an alliance with correctly reflect the accounts and instructions is found in 14 CFR part 241, a U.S. Air Carrier partner under 49 records of the company, and to the best section 26, and in the CAB Sunset Act of U.S.C. 41308 and 41309 and operate of my knowledge and belief are a 1984 (Pub. L. 94–443). aircraft with 15 or more seats when complete and accurate statement of the (a) Submission of reportable itineraries.

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(1) All Ticketed Itineraries issued by the Participating Carriers shall include the according to the instructions in the Passenger Participating Carrier shall be submitted to the following data elements repeated for each tax Origin-Destination Survey Directives issued Department as described in the Passenger or fee imposed by local, state, and national by the Department of Transportation. Origin-Destination Survey Directives issued government authorities in all countries that (d) Corrections to reported information. by the Department of Transportation. are applicable to the Ticketed Itinerary: (1) When Participating Carriers discover (2) The source of information for the O&D a. Government-imposed tax/fee identifier: that data have been incorrectly reported or Survey data shall be the information The identification code of each government- improperly reported, the Participating Carrier recorded about a Ticketed Itinerary issued to imposed tax and government-imposed fee. shall immediately notify the Department of a Revenue Passenger by a Participating The Department’s codes for use in this data Transportation according to the instructions Carrier. The Participating Carrier shall record element will be listed in the Passenger found in the Passenger Origin-Destination the information about the complete routing of Origin-Destination Survey Directives issued Survey Directives issued by the Department. the Ticketed Itinerary by Flight-Stage the first by the Department. The Participating Carrier shall correct the time the Participating Carrier receives b. Government-imposed tax/fee amount: problem and resend the complete record of evidence that the passenger has used the This field will contain the value of the tax information about the incorrectly or Ticketed Itinerary for transportation. or fee specified by the identifier that improperly reported Ticketed Itineraries Evidence that the passenger has used the precedes it, denominated in U.S. dollars and according to the procedures found in the Ticketed Itinerary for transportation shall accurate to two decimal places, rounded. Passenger Origin-Destination Survey include notification from the Participating (3) The data to be recorded and reported, Directives. Carrier’s own accounting function or flight as many times as necessary, from boarding control function that the passenger Participating Carriers shall include the II. Glossary has been transported or notification from following data elements for each Flight-Stage Airline Designator means an airline’s IATA another Air Carrier or Foreign Air Carrier that in the order that they appear in the Ticketed identifier for the purpose of marketing flights the Ticketed Itinerary has been used for Itinerary: and listing them in standard publications transportation. a. Flight-Stage Sequence Number: The two such as the OAG. (b) Information about Ticketed Itineraries character ordinal sequence number beginning Air Travel Ticket means one or more paper to be reported. with 01 that uniquely identifies the Flight- or electronic documents or other evidence of (1) The data to be recorded and reported Stage of a Ticketed Itinerary. contract issued by an Air Carrier or Foreign from Participating Carriers shall include the b. Flight-Stage Origin Airport: The IATA Air Carrier to record information about a following data elements for each Ticketed location identifier of the airport from which passenger’s complete itinerary of travel when Itinerary: a Flight-Stage departs. For intermodal air travel comprises at least one part of the a. Issuing Carrier Identifier: The Issuing ticketed ground stations, such as a bus journey. Carrier’s assigned IATA recognized three- station or a train station, that station should Customer Loyalty Program Identifier means character identification code. be treated as an airport. the identifying code of the Carrier or alliance b. Ticketed Itinerary Identifier: The c. Flight-Stage Destination Airport: The customer loyalty program under which the alphanumeric identifier for the Ticketed IATA location identifier of the airport in passenger accrues benefits. Itinerary. which a Flight-Stage arrives. For intermodal Date of Issue means the date an Air Carrier c. Date of Issue: The local date on which the Ticketed Itinerary was issued. ticketed ground stations, such as a bus or Foreign Air Carrier issued the Ticketed d. Fare Amount: The monetary amount the station or a train station, that station should Itinerary to a passenger. Issuing Carrier receives from the ticket be treated as an airport. Designated Carrier Liaison means the purchaser, excluding government imposed d. Marketing Carrier Code: The IATA individual that will serve as the point of taxes and fees, and including the carrier- Airline Designator of the Air Carrier or contact between the Department and the imposed fees and surcharges, such as fuel Foreign Air Carrier marketing the Flight- Participating Carrier for the resolution of surcharges, for the carriage of a passenger Stage. operational submission issues. and allowable free baggage on the passenger’s e. Operating Carrier Code: The IATA Designated Company Official means an complete itinerary, denominated in U.S. Airline Designator of the Air Carrier or elective officer, an executive or a director or dollars, and accurate to two decimal places, Foreign Air Carrier operating the equipment such other person as may be authorized by rounded. used on the Flight-Stage. the carrier to certify the accuracy of e. Ticketing Entity Outlet Type: The f. Scheduled Flight Date: The date on information supplied to the Department and location type code for the distribution which the Flight-Stage is scheduled to to specify a Designated Carrier Liaison. channel that issued the Ticketed Itinerary. depart. Fare Amount means the monetary amount The Department’s codes for use in this data g. Master Flight Number: The scheduled the Issuing Carrier receives from the ticket element will be listed in the Passenger Carrier Code and true flight number under purchaser, excluding government-imposed Origin-Destination Survey Directives issued which the flight inventory is managed. taxes and fees, and including the Carrier- by the Department and will be consistent h. Scheduled Departure Time: The local imposed fees and surcharges, such as fuel with standard industry practice. time the flight is scheduled to depart from surcharges, for the carriage of a passenger f. Customer Loyalty Program Identifier: The the Flight-Stage Origin Airport. and allowable free baggage on the passenger’s Carrier or alliance customer loyalty program i. Scheduled Arrival Time: The local time complete itinerary denominated in U.S. identifying code under which the passenger the flight is scheduled to arrive at the Flight- dollars and accurate to two decimal places, accrues benefits. The Department’s codes for Stage Destination Airport. rounded. use in this data element will be listed in the j. Scheduled Arrival Date: The local date Fare Basis Code/Ticket Designator means Passenger Origin-Destination Survey on which the flight is scheduled to arrive at the alphanumeric code identifying the fare by Directives issued by the Department. the Flight-Stage Destination Airport. class, qualification, and restriction associated g. Customer Loyalty Program Award k. Fare Basis Code/Ticket Designator: The with the Flight-Stage. Indicator: The one character identifying code carrier-assigned alphanumeric code Fare Category means a summary category to indicate that customer loyalty program identifying the fare by class, qualification, of fare basis codes. credits were expended in obtaining the and restriction associated with the Flight- Flight-Coupon Stage means the portion of Ticketed Itinerary. Stage. an itinerary that lies between two sequential h. Number of Passengers: The count of l. Ticketing Class of Service: a one- points of a Ticketed Itinerary. A passenger’s passengers traveling on the Ticketed character code indicating the service cabin Flight-Coupon Stage may involve multiple Itinerary. within the aircraft in which the passenger is takeoffs and landings. A Flight-Coupon Stage i. Itinerary Copy Date: 02–14–05 the date scheduled to be seated under the fare rules may be on any scheduled transportation held that the Participating Carrier copied O&D stated for each Flight-Stage of the Ticketed out and ticketed by the Issuing Carrier. Survey information from the Ticketed Itinerary. Flight-Stage Destination Airport means the Itinerary. (c) Means of reporting. airport identifier of the airport in which a (2) The data to be recorded and reported, (1) Participating Carriers shall report data Flight-Stage arrives. For intermodal ticketed as many times as necessary, from in an electronic Report Transmission ground stations, such as a bus station or a

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train station, that station should be treated as One-way Trip means a journey taken by a within the aircraft in which the passenger is an airport. Passenger, described on Ticketed Itinerary, scheduled to be seated for each Flight-Stage Flight-Stage Origin Airport means the from the One-way Trip Origin to the One- of the Ticketed Itinerary. airport identifier of the airport from which a way Trip Destination. Ticketing Entity Outlet Type means the Flight-Stage departs. For intermodal ticketed One-way Trip Origin means the first airport identifier of the distribution channel through ground stations, such as a bus station or a of a One-way Trip. which the Ticketed Itinerary was issued. train station, that station should be treated as One-way Trip Destination means the final an airport. airport of a One-way Trip. PART 249—PRESERVATION OF AIR Flight-Stage Sequence Number means the Operating Carrier Code means the carrier CARRIER RECORDS two character ordinal sequence number code of the Air Carrier or Foreign Air Carrier beginning with 01, followed by 02 etc. that operating the equipment used on the Flight- uniquely identifies each Flight-Stage of a Stage. 4. The authority citation for part 249 Ticketed Itinerary in the sequence to be Participating Carrier means an Air Carrier continues to read as follows: traveled by the passenger. Government- or Foreign Air Carrier that is required to Authority: 49 U.S.C. 329 and chapters 401, Imposed Tax/Fee Amount means the report the O&D Survey. 411, 413, 417. monetary amount of the tax or fee associated Report Transmission means a regularly with the corresponding Government-Imposed scheduled electronic transmission of § 249.20 [Amended] Tax/Fee Identifier, denominated in U.S. information about a collection of Ticketed Dollars and accurate to two decimal places, Itineraries including the transmission 5. Amend the table in § 249.20 by rounded. identification information specified in the adding a new entry 11 to read as Government-Imposed Tax/Fee Identifier Passenger Origin-Destination Survey follows: means the identification code of a tax or fee. Directives issued by the Department. Issuing Carrier means the plating Air Scheduled Arrival Time means the local § 249.20 Preservation of records by Carrier or Foreign Air Carrier that is time at which the Flight-Stage is scheduled certificated air carriers. responsible for the ticket stock on which the to arrive at the Flight-Stage Destination * * * * * itinerary is issued. Also, the Air Carrier or Airport. Foreign Air Carrier that is responsible for Scheduled Departure Time means the local collecting the remuneration for the fare and SCHEDULE OF RECORDS time at which the Flight-Stage is scheduled the taxes and fees from the purchaser of a to depart from the Flight-Stage Origin Ticketed Itinerary. Retention pe- Airport. Category of records Issuing Carrier Identifier means the IATA riod recognized identification code on file at the Scheduled Flight Date means the local date Department that uniquely identifies the on which the Flight-Stage is scheduled to carrier that issued the Ticketed Itinerary. depart. ***** Itinerary Copy Date means the date that the Source and Accuracy Statement means a 11. All books, records, and 7 years Participating Carrier copied O&D Survey disclosure of the Participating Carrier’s data other source and summary information from the Ticketed Itinerary. source, data collection methodology, and documentation that support Marketing Carrier Code means the IATA measures taken to assure the quality of the the carrier’s T-100 reports Airline Designator of the Air Carrier or data submitted to the Department. filed under Rural Service Foreign Air Carrier that appears on a Ticketed Itinerary means the collection of Improvement Act of 2002 Ticketed Itinerary as if it will operate the information from an Air Travel Ticket, issued (Pub. L. 107–206). Flight-Stage, whether or not it actually by an Air Carrier or Foreign Air Carrier to a operates the Flight-Stage. Revenue Passenger. ***** Marketing Flight Number means the Ticketed Itinerary Identifier means the number assigned by the Marketing Carrier to primary identifier of a Ticketed Itinerary. The the Flight-Stage that appears in the Ticketed Ticketed Itinerary Identifier must be unique Issued in Washington, DC on: January 31, Itinerary. for the Air Carrier or Foreign Air Carrier for 2005. Master Flight Number means the scheduled the Date of Issue. The Ticketed Itinerary Norman Y. Mineta, Identifier may a combination of Carrier Code and true flight number under Secretary. which the flight inventory is managed. alphanumeric characters and blanks. Number of Passengers means the count of Ticketing Class of Service means a one- [FR Doc. 05–2861 Filed 2–16–05; 8:45 am] passengers traveling on a Ticketed Itinerary. character code indicating the service cabin BILLING CODE 4910–62–P

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Part III

Department of Commerce Bureau of the Census

15 CFR Part 30 Foreign Trade Regulations: Mandatory Automated Export System Filing for All Shipments Requiring Shipper’s Export Declaration Information; Proposed Rule

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DEPARTMENT OF COMMERCE information contained therein is used customer service, compliance with and by the Census Bureau for statistical enforcement of export laws, and provide Bureau of the Census purposes only. Information reported in paperless reports of export information. the AES is referred to as Electronic On November 29, 1999, the President 15 CFR Part 30 Export Information (EEI). The SED and signed into law the Proliferation [Docket Number 031009254–4355–02] the EEI also are used for export control Prevention Enhancement Act of 1999, purposes under Title 50, U.S.C., Export which authorized the Secretary of RIN 0607–AA38 Administration Act, to detect and Commerce to require the mandatory prevent the export of certain items by filing of items on the Commerce Control Foreign Trade Regulations: Mandatory unauthorized parties or to unauthorized List (CCL) and the U.S. Munitions List Automated Export System Filing for All destinations or end users. Information (USML). Regulations implementing this Shipments Requiring Shipper’s Export collected through the SED or AES is requirement were effective October 2003 Declaration Information exempt from public disclosure unless (see 68 FR 42533–42543). On September AGENCY: Bureau of the Census, the Secretary of Commerce determines 30, 2002, the President signed into law Commerce Department. that such exemption would be contrary the Foreign Relations Authorization Act, to the national interest under the Public Law 107–228. This law ACTION: Notice of proposed rulemaking provisions of Title 13, U.S.C., Chapter 9, authorizes the Secretary of Commerce, and request for comments. Section 301(g). with the concurrence of the Secretary of SUMMARY: The U.S. Census Bureau Under current regulations, export State and the Secretary of Homeland (Census Bureau) proposes to amend the information is compiled from both Security, to publish regulations in the Foreign Trade Statistics Regulations paper and electronic transactions filed Federal Register mandating that all (FTSR) to implement provisions in the by the exporting community with the persons who are required to file export Foreign Relations Authorization Act. Bureau of Customs and Border information via the SED under Chapter Specifically, the Census Bureau Protection (CBP, formerly the U.S. 9 of Title 13, U.S.C. file such proposes to require mandatory filing of Customs Service) and the Census information through the AES. export information through the Bureau. The AES is an electronic The Foreign Relations Authorization Automated Export System (AES) or method for filing the paper SED Act further authorizes the Secretary of through the AESDirect for all shipments information directly with CBP and the Commerce to issue regulations regarding where a Shipper’s Export Declaration Census Bureau. The AESDirect is the imposition of penalties, both civil and (SED) is currently required. In addition Census Bureau’s free Internet-based criminal, for the delayed filing, failure to requiring mandatory AES filing, the system for filing SED information with to file, and false filing of export proposed rule makes other changes to the AES. Future references to the AES information and/or using the AES to further any illegal activity. The Act the FTSR. These additional changes are also shall apply to the AESDirect unless provides for administrative proceedings discussed in detail in the otherwise specified. A paper SED or the equivalent EEI is for imposition of a civil penalty for SUPPLEMENTARY INFORMATION section. currently required, with certain violation(s) of Public Law 107–228. DATES: Submit written comments on or exceptions, for exports of goods from Finally, the Act authorizes the Secretary before April 18, 2005. the United States, including Foreign of Commerce to designate employees of ADDRESSES: Please direct all written Trade Zones (FTZs) located therein, the Office of Export Enforcement of the comments on this proposed rule to the Puerto Rico, and the U.S. Virgin Islands Department of Commerce to perform the Director, U.S. Census Bureau, Room to foreign countries; for exports between enforcement functions in Title 13, 2049, Federal Building 3, Washington, the United States and Puerto Rico; and U.S.C., Chapter 9, and delegate to DC 20233. You may also submit for exports to the U.S. Virgin Islands customs officials in the U.S. Department comments, identified by RIN number from the United States or Puerto Rico. of Homeland Security authority to 0607–AA38, to the Federal e- The SED or the EEI also is required for enforce these same provisions. Rulemaking Portal: http:// all exports requiring a license from the On October 22, 2003, the Census www.regulations.gov. Please follow the Bureau of Industry and Security (BIS), a Bureau published an advanced notice of instructions at that site for submitting license or license exception from the proposed rulemaking (ANPR) in the comments. Department of State, or other Federal Register (68 FR 60301) FOR FURTHER INFORMATION CONTACT: C. government agency, regardless of value, announcing the Census Bureau’s intent Harvey Monk, Jr., Chief, Foreign Trade unless exempted from the requirement to propose a rule mandating electronic Division, U.S. Census Bureau, Room for a SED or EEI by the licensing filing through the AES of all information 2104, Federal Building 3, Washington, government agency. on export shipments where a SED is required and allowing the public to DC 20233–6700, by phone (301) 763– Electronic Filing 2255, by fax (301) 457–2645, or by e- comment on this subject. The Census Electronic filing strengthens the U.S. mail: [email protected]. Bureau received and responded to two Government’s ability to prevent the (2) non-substantive comments to the SUPPLEMENTARY INFORMATION: export of certain items by unauthorized ANPR. One commenter expressed Background parties to unauthorized destinations and continued support for postdeparture end users, because AES aids in targeting filing with mandatory AES filing. The Reporting Requirements and identifying suspicious shipments second commenter was concerned about The Census Bureau is responsible for prior to export and affords the the ability to file complete export collecting, compiling, and publishing government the ability to significantly information prior to exportation under export trade statistics for the United improve the quality, timeliness, and the mandatory filing system. States under the provisions of Title 13, coverage of export statistics. Since July Specifically, the commenter was United States Code (U.S.C.), Chapter 9, 1995, the AES has served as an concerned that accurate quantity data Section 301. The paper SED and the information gateway for the Census would not be available in the time AES are the primary media used for Bureau and CBP to improve the frames required by the revised collecting export trade data, and the reporting of export trade information, regulations. The Census Bureau did not

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change the proposed rule in response to • In § 30.5, revise the postdeparture value of goods to the AES when inland these comments since post-departure (formerly Option 4) approval freight and insurance charges are not filing remains an option under the procedures. Certification and approval known at the time of exportation. When proposed rule to allow approved requirements for postdeparture filing of goods are sold at a point other than the exporters the option to file export EEI were strengthened to address U.S. port of export, freight, insurance, and information within ten working days national security concerns and interests. other charges required to move the from the date of exportation. Applications submitted by USPPIs for goods from their U.S. point of origin to postdeparture filing will be subjected to the carrier at the port of export must be Program Requirements closer scrutiny by the Census Bureau added to the selling price (or cost, if not To comply with the requirements of and other federal government sold) of the goods. Where the actual Public Law 107–228, the Census Bureau partnership agencies participating in the amount of freight, insurance, and other proposes amending in its entirety the AES postdeparture filing review domestic charges are not available, an FTSR to specify the requirements for the process. Under the proposed revised estimate of the domestic cost must be mandatory reporting of all export postdeparture filing requirements: (1) made and added to the cost or selling information through the AES when a authorized agents may no longer apply price of the goods to obtain the value to SED is required. All future references to for postdeparture filing status on behalf be reported to the AES. the SED shall be referred to as AES. of individual USPPIs. Only USPPIs may • In § 30.6, add requirements for The Census Bureau proposes apply; (2) USPPIs must demonstrate the transmitting a Routed Transaction amending the FTSR to include the ability to meet AES predeparture filing Indicator and a Vehicle Identification following changes: requirements by filing EEI to the AES Qualifier to the list of data elements • Rename the FTSR to ‘‘Part 30— before applying for approval for required to be reported to the AES. Both Foreign Trade Regulations’’ (FTR) to postdeparture filing; (3) USPPIs must the Routed Transaction Indicator and more accurately reflect the scope of the meet a minimum number of shipments the Vehicle Identification Qualifier revised regulations implementing full requirement before being authorized to indicate the conditions of other data mandatory AES filing, such as the file postdeparture; and (4) partnership elements reported to the AES. The inclusion of Department of State agencies of the U.S. Government shall Routed Transaction Indicator gives an requirements and the advanced filing determine whether or not a USPPI poses indication of whether or not the EEI requirement implemented by CBP. a significant threat to U.S. national reported represents a routed export • Remove requirements for filing a security before granting the applicant transaction. The Vehicle Identification paper SED (Option 1), Form 7525–V, postdeparture filing status. Qualifier, when reported, identifies the from Title 15, Code of Federal • In § 30.4, specify the time and type of used vehicle exported. Regulations (CFR), part 30, so that AES place-of-filing requirements for • Remove requirements for the Date will be the only mode for filing presenting proof of filing citations, of Arrival and the Waiver of Prior information currently required by the postdeparture filing citations, and/or Notice Indicator from the list of data SED. exemption legends. Specific time and elements required to be reported to the • Remove requirements for filing the place-of-filing requirements are AES. These data elements were intransit SED, Form 7513, from 15 CFR included in the FTR in accordance with previously required to overcome part 30. Responsibility for Form 7513 provisions of Section 341(a) of Public disparities in reporting requirements for was transferred to the U.S. Department Law 107–210, the Trade Act of 2002. certain export shipments sent between of the Army, U.S. Army Corps of With the exception of State Department the United States and Puerto Rico. With Engineers. USML shipments under the control of mandatory AES reporting, the Date of • In § 30.2, list types of export the International Traffic in Arms Arrival and Waiver of Prior Notice transactions outside the scope of 15 CFR Regulations and shipments approved for Indicator are no longer required, since part 30 and thus the FTR. The list of postdeparture filing, EEI with the shipments sent between the United out-of-scope transactions included in appropriate proof of filing citations and/ States and Puerto Rico will no longer be § 30.2 is not all-inclusive, but includes or exemption legends is required to be reported differently than other export those types of shipments about which transmitted to the exporting carrier shipments. the Census Bureau receives frequent within specified time frames depending • Reference in subpart B export inquiries on how to report export on the mode of transportation used. For control and export licensing issues information. These types of shipments example, transmissions for vessel cargo relevant to 15 CFR part 30. This subpart are to be excluded from EEI filing. shall be provided to the exporting proposes to add references to export • In § 30.2(a)(2), include language carrier no later than 24 hours prior to control and licensing requirements of specifying the four optional means for departure of the vessel from the U.S. the Department of State and other filing EEI of which two methods require port where cargo is laden. Time and Federal agencies in addition to the development of AES software using place-of-filing requirements for other expanding those of the Department of the Automated Export System Trade modes of transportation also are Commerce’s BIS. General guidelines for Interface Requirements (AESTIR). presented in § 30.4 of the proposed FTR. obtaining export control and licensing • In § 30.3, include language Currently, export information, with information also are presented for use specifying that in ‘‘routed’’ transactions, appropriate proof of filing citations and/ by preparers and filers of EEI. The the U.S. principal party in interest or exemption legends, is only required purpose of this subpart is to consolidate (USPPI) will compile and transmit to be presented to the exporting carrier references to export control issues. No export information on behalf of the prior to exportation. new requirements are introduced. foreign principal party in interest (FPPI) • In § 30.4(b)(1) and § 30.4(b)(3) • In § 30.29, revise the language that when authorized by the FPPI. This specify how to file EEI and acquire an describes the proper manner for language is consistent with the language ITN when AES, AESDirect or the reporting cost of repairs and/or of § 758.3 of the Export Administration participant’s AES is unavailable for alterations to goods, and the reporting of Regulations and permits the USPPI to filing. the value of replacement parts exported. act as an agent of the FPPI upon the • In § 30.6, add language specifying The previous version of the FTSR did written authorization by the FPPI. the specific procedure for reporting the not specifically describe the manner in

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which these export transactions would FTSR, to clarify the intent of the Executive Orders be reported. Goods previously imported regulations. for repair and alteration only, and The Departments of State and This rule has been determined to be reexported, shall only include the value Homeland Security concur with the not significant for purposes of Executive for parts and labor. Goods exported as provisions contained in this notice of Order 12866. It has been determined replacement parts shall only include the proposed rulemaking. that this rule does not contain policies value of the replacement part. No new with federalism implications as that Rulemaking Requirements requirements are specified in § 30.29. term is defined under Executive Order • Reference in subpart E carrier and Regulatory Flexibility Act 13132. manifest issues pertaining to provisions The Chief Counsel for Regulation of Paperwork Reduction Act relevant to 15 CFR part 30. Carrier and the Department of Commerce certified manifest issues are consolidated in Notwithstanding any other provision to the Chief Counsel for Advocacy of the subpart E. Requirements for SEDs being of law, no person is required to respond Small Business Administration (SBA) attached to the manifest are replaced to, nor shall a person be subject to a that this rule will not have a significant with requirements for proof of filing penalty for failure to comply with, a impact on a substantial number of small citations and/or exemption legends to collection of information subject to the entities. This action would require that be shown on the bill of lading, air requirements of the Paperwork USPPIs or authorized agents in the waybill, or other commercial loading Reduction Act (PRA), unless that United States file export information documents attached to the manifest. collection of information displays a through the AES for all shipments Specific requirements for annotating the current, valid Office of Management and where a SED is required under the bill of lading, air waybill, or other Budget (OMB) control number. This rule current FTSR. commercial loading documents are contains a collection-of-information The SBA’s table of size standards included in § 30.7, subpart A of part 30. subject to the requirements of the PRA indicates that businesses that are the • Reference in subpart F reporting (44 U.S.C. 3501 et seq.) and that has USPPI or authorized agent and file requirements for import shipments been approved under OMB control export information are considered small relevant to 15 CFR part 30, including number 0607–0152. The estimated businesses if they employ less than 500 requirements for the electronic filing of burden hours for filing the SED people. Based on year 2001 data, the statistical data for shipments imported information through AES and related Census Bureau estimates that there are into FTZs. Currently, requirements for documents (e.g., the Letter of Intent 91,000 USPPIs that are considered small electronically reporting FTZ admissions (LOI) and AESDirect) are 752,000. In entities under the Small Business Act. are included in the Census Bureau’s addition, this rule contains a collection Over 90 percent of USPPIs use an ‘‘Automated Foreign Trade Zone of information that has been approved authorized agent to file export Reporting Program’’ manual. Added to under OMB control numbers: OMB No. documentation. An estimate of the subpart F are instructions to import 1651–0022 (Entry Summary—CBP– number of authorized agents is not filers on where to obtain information on 7501), OMB No. 1651–0027 (Record of reporting import data. Requirements for known. The Census Bureau anticipates that Vessel, Foreign Repair, or Equipment— information on imports of goods into CBP–226), and OMB No. 1651–0029 Guam are excluded from the FTR since the new requirement would not significantly affect the small businesses (Application for Foreign Trade Zone Guam collects its own information on Admission and Status Designation— goods entering and leaving the area. that must now file through the AES. It • is unlikely that the regulations requiring CBP–214). The public’s reporting Create a new subpart H to cover burden for the collection-of-information FTR penalty provisions formerly mandatory use of the AES to file export information would affect a substantial requirements includes the time for addressed in § 30.95 of the FTSR. New reviewing instructions, searching penalty provisions referenced in subpart number of small entities because more than 90 percent of USPPIs that are existing data sources, gathering and H of this part describe the increase in maintaining the data needed, and penalties imposed for violations from considered small entities use an authorized agent to file export completing and reviewing the $100 to $1,000 per each day of collection-of-information requirements. delinquency, to a maximum from $1,000 documentation. Also, while this to $10,000 per violation. In addition, the regulation would likely affect a List of Subjects in 15 CFR Part 30 penalty provisions provide for substantial number of agents that are situations when the filer knowingly fails small entities it is not likely that the Economic statistics, Foreign trade, to file, files false and/or misleading effect will be significant. The majority of Exports, Reporting and recordkeeping information and other violations of the agents require use of a computer to requirements. FTR where a civil penalty shall not perform required tasks. These agents are For the reasons stated in the exceed $10,000 per violation and a unlikely to be significantly affected by preamble, the Census Bureau proposes criminal penalty shall not exceed this new requirement, as they currently to revise 15 CFR part 30 to read as $10,000 or imprisonment for not more possess the technology and equipment follows: than five (5) years, or both, per to submit the information through the violation. Finally, subpart H provides AES. The Census Bureau has provided PART 30—FOREIGN TRADE for the enforcement of these penalty a free Internet-based system, AESDirect, STATISTICS especially for small businesses to provisions by the Bureau of Industry Subpart A—General Requirements and Security’s Office of Export submit their export information Enforcement (OEE) and the Department electronically. It would not be necessary Sec. for small businesses to purchase 30.1 Purpose and definitions. of Homeland Security’s CBP, 30.2 General requirements for filing Immigration and Customs Enforcement software for this task. For these reasons, Electronic Export Information. (ICE). if this proposed rule is adopted, this • 30.3 Electronic Export Information filer Make other non-substantive rule would not have a significant requirements, parties to export revisions including revisions to economic impact on a substantial transactions, and responsibilities of language incorporated from the current number of small entities. parties to export transactions.

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30.4 Electronic Export Information filing 30.47 Clearance or departure of carriers issue regulations regarding imposition procedures, deadlines, and certification under bond on incomplete manifests. of civil and criminal penalties for statements. 30.48–30.49 [Reserved] violations of the provisions of these 30.5 Electronic Export Information filing Subpart F—Import Requirements regulations. application and certification processes (b) Electronic filing through the AES and standards. 30.50 General requirements for filing 30.6 Electronic Export Information data import entries. strengthens the U.S. Government’s elements. 30.51 Statistical information required for ability to prevent the export of certain 30.7 Annotating the bill of lading, air import entries. items by unauthorized parties to waybill, and other commercial loading 30.52 Foreign Trade Zones. unauthorized destinations and end documents with the proper proof of 30.53 Import of goods returned for repair. users because AES aids in targeting, 30.54 Special provisions for imports from filing citations, approved postdeparture Canada. identifying, and when necessary filing citations, downtime filing citation, 30.55 Confidential information, import confiscating suspicious or illegal and exemption legends. entries, and withdrawals. shipments prior to exportation. 30.8 Time and place for presenting proof of 30.56–30.59 [Reserved] (c) Definitions used with Electronic filing citations, postdeparture filing citations, downtime filing citation, and Subpart G—General Administrative Export Information. As used in this part, exemption legends. Provisions the following definitions apply: 30.9 Transmitting and correcting 30.60 Confidentiality of Electronic Export AES Applicant. The USPPI or Automated Export System information. Information. authorized agent who applies to the 30.10 Authority to require production of 30.61 Statistical classification schedules. Census Bureau for authorization to documents and retaining electronic data. 30.62 Emergency exceptions. report information electronically to the 30.11–30.14 [Reserved] 30.63 Office of Management and Budget AES, or through AESDirect or its related Subpart B—Export Control and Licensing control numbers assigned pursuant to applications. Requirements the Paperwork Reduction Act. AESDirect. A free Internet application 30.64–30.69 [Reserved] 30.15 Introduction. supported by the Census Bureau that 30.16 Export Administration Regulations. Subpart H—Penalties allows USPPIs or their agents to 30.17 Customs and Border Protection 30.70 Violation of the Clean Diamond Trade transmit EEI to the AES via the Internet, Regulations. Act. at http://www.aesdirect.gov. 30.18 Department of State regulations. 30.71 False or fraudulent reporting on or AES Downtime Filing Citation. A 30.19 Other federal agency regulations. misuse of the Automated Export System. statement used in place of a proof of 30.20–30.24 [Reserved] 30.72 Civil penalty procedures. filing citation when the AES or the AES 30.73 Enforcement. Subpart C—Special Provisions and participant’s computer system 30.74–30.99 [Reserved] Specific-Type Transactions experiences a major failure. The 30.25 Values for certain types of Appendix A To Part 30—Format for the downtime filing citation must appear on transactions. Letter of Intent, Automated Export the bill of lading, air waybill, or other 30.26 Reporting of vessels, aircraft, cargo System commercial loading documentation. vans, and other carriers and containers. Appendix B To Part 30—Sample for Air Waybill. The shipping document 30.27 Return of exported cargo to the used for the transportation of air freight: United States prior to reaching its final Power of Attorney and Written Authorization Includes conditions, limitations of destination. liability, shipping instructions, 30.28 ‘‘Split shipments’’ by air. 30.29 Reporting of repairs and Authority: 5 U.S.C. 301; 13 U.S.C. 301– description of commodity, and replacements. 307; Reorganization plan No. 5 of 1990 (3 applicable transportation charges. It is 30.30–30.34 [Reserved] CFR 1949–1953 Comp., 1004); Department of generally similar to a straight non- Commerce Organization Order No. 35–2A, negotiable bill of lading and is used for Subpart D—Exemptions from the July 22, 1987, as amended; Pub. L. 107–228, similar purposes. Requirements for the Filing of Electronic September 30, 2002. Export Information Alongside. A phrase referring to the Subpart A—General Requirements side of a ship. Goods to be delivered 30.35 Procedure for shipments exempt from ‘‘alongside’’ are to be placed on the dock filing requirements. § 30.1 Purpose and definitions. 30.36 Exemption for shipments destined to within reach of a transport ship’s tackle Canada. (a) This part sets forth the Foreign so that they can be loaded aboard the 30.37 Miscellaneous exemptions. Trade Regulations (FTR) as required ship. 30.38 Exemption from the requirements for under provisions of Title 13, United Annotation. An explanatory note (e.g., reporting complete commodity States Code (U.S.C.), Chapter 9, Section proof of filing citation, postdeparture information. 301. These regulations are revised filing citation, AES downtime filing 30.39 Special exemptions for shipments to pursuant to provisions of the Foreign citation, or exemption legend) placed on the U.S. armed services. Relations Authorization Act, Public Law the bill of lading, air waybill, or other 30.40 Special exemptions for certain loading document. shipments to U.S. Government agencies 107–228. This Act authorizes the and employees. Secretary of Commerce, with the Authorized Agent. An individual or 30.41–30.44 [Reserved] concurrence of the Secretary of State legal entity domiciled in or otherwise and the Secretary of Homeland Security, under the jurisdiction of the United Subpart E—General Carrier and Manifest to publish regulations mandating that States that has obtained power of Requirements all persons who are required to file attorney or written authorization from a 30.45 General statement of requirement for export information under Chapter 9 of USPPI or FPPI to act on its behalf, and the filing of carrier manifests with proof Title 13, U.S.C., file such information for purposes of this part, to complete of filing citations for the electronic submission of export information or through the Automated Export System and file the EEI. exemption legends when Automated (AES) for all shipments where a Automated Broker Interface (ABI). A Export System filing is not required. Shipper’s Export Declaration (SED) was CBP system through which an importer 30.46 Requirements for the filing of export previously required. The law further or licensed customs broker can information by pipeline carriers. authorizes the Secretary of Commerce to electronically file entry and entry

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summary data on goods imported into Civil Penalty. A monetary penalty activity. The criminal penalty includes the United States. imposed on a USPPI or authorized agent fines, imprisonment, and/or forfeiture. Automated Export System (AES). The for failing to file export information, Customs Broker. An individual or electronic system, including AESDirect, filing false or misleading information, entity licensed to enter and clear for collecting Shipper’s Export filing information late, and/or using the imported goods through CBP for another Declaration information (or any AES to further any illegal activity. individual or entity. successor document) from persons Commerce Control List (CCL). A list of Destination. The foreign place to exporting goods from the United States, all items—commodities, software, and which a shipment is consigned. Puerto Rico, or the U.S. Virgin Islands; technical data—that are subject to BIS Distributor. An agent who sells between Puerto Rico and the United export controls. It incorporates not only directly for a supplier and maintains an States; and to the U.S. Virgin Islands the national security controlled items inventory of the supplier’s products. from the United States or Puerto Rico. agreed to by the Coordinating Domestic Exports. Commodities that Automated Export System Trade Committee on Multilateral Export are grown, produced, or manufactured Interface Requirements (AESTIR). The Controls, but also items controlled for in the United States, and commodities document that describes the operational foreign policy and other reasons. of foreign origin that have been changed requirements of the AES. The AESTIR Commodity. Articles exchanged in in the United States, including changes presents record formats and other trade, and commonly used to refer to made in a U.S. FTZ, from the form in reference materials used in the AES. raw materials and bulk-produced which they were imported, or that have Automated Foreign Trade Zone agriculture products. been enhanced in value by further Reporting Program (AFTZRP). The Compliance Alert. A notice sent to the manufacture in the United States. electronic reporting program used to filer by the AES when the shipment was Domicile. A place of permanent transmit statistical data on goods not reported in accordance with this residence or business. admitted into a FTZ directly to the part (e.g., late filing). The filer is Drayage. The charge made for hauling Census Bureau. required to review filing practices and freight, carts, drays or trucks. Dun & Bradstreet Number (DUNS). Bill of Lading (BL). A document that take steps to conform with export The DUNS Number is a unique 9-digit establishes the terms of a contract reporting requirements. identification sequence that provides between a shipper and a transportation Consignee. The person or entity identifiers to single business entities company under which freight is to be named in a freight contract to whom while linking corporate family moved between specified points for a goods have been consigned and that has structures together. specified charge. Usually prepared by the legal right to claim the goods at the Dunnage. Materials placed around the authorized agent on forms issued by destination. Consignment. Delivery of goods from cargo to prevent shifting or damage the carrier, it serves as a document of an exporter (the consignor) to an agent while in transit. title, a contract of carriage, and a receipt (consignee) under agreement that the Duty. A charge imposed on the import for goods. agent sells the goods for the account of of goods. Duties are generally based on Bond. An instrument used by CBP as the exporter. The consignor retains title the value of the goods (ad valorem a security to ensure the performance of to the goods until sold. The consignee duties), some other factor such as specific acts, such as the payment of sells the goods for commission and weight or quantity (specific duties), or a duties and taxes or the provision of remits the net proceeds to the consignor. combination of value and other factors manifest information. Container. A uniform, sealed, (compound duties). Bonded Warehouse. An approved reusable metal ‘‘box’’ in which goods Electronic Export Information (EEI). private warehouse used for the storage are shipped by vessel, truck, or rail. The electronic equivalent of the export of goods until duties or taxes are paid Controlling Agency. The agency data formerly collected on the Shipper’s and the goods are properly released by responsible for the license Export Declaration (SED) now mandated CBP. Bonds must be posted by the determination on specified goods to be filed through the AES or warehouse proprietor and by the exported from the United States. AESDirect. importer to indemnify the government if Country of Origin. The country where Employer Identification Number the goods are released improperly. the goods were mined, grown, or (EIN). The USPPI’s Internal Revenue Booking. A reservation made with a manufactured or where each foreign Service Employer Identification Number carrier for a shipment on a specific material used or incorporated in a good is the 9-digit numerical code as reported voyage or flight. underwent a change in tariff on the Employer’s Quarterly Federal Buyer. The entity who has entered classification under the applicable rule Tax Return, Treasury Form 941. into the export transaction to purchase of origin for the good. The country of End-User. The person abroad that the commodities for delivery to the origin for U.S. imports shall be reported receives and ultimately uses the ultimate consignee. in terms of the International Standards exported or reexported items. The end- Cargo. Goods being transported. Organization (ISO) codes designated in user is not an authorized agent or Carnet. An international customs the Schedule C, Classification of intermediary, but may be the purchaser document permitting the holder to carry Country and Territory Designations. or ultimate consignee. or send goods temporarily into certain Country of Ultimate Destination. The Enhancement. A change or foreign countries without paying duties country where the goods are to be modification to goods that increases or posting bonds. consumed, further processed, or their value. Carrier. An individual or legal entity manufactured, as known to the shipper Entry Number. Consists of a three- in the business of transporting at the time of exportation. position entry filer code and a seven- passengers or goods. Airlines, trucking Criminal Penalty. For the purpose of position transaction code, plus a check companies, railroad companies, this part, a penalty imposed for digit assigned by the entry filer as a shipping lines, pipeline companies, knowingly failing to file export tracking number for goods entered into non-vessel operating common carriers, information, filing false or misleading the United States. and slot charterers are all examples of information, filing information late, Equipment Number. The carriers. and/or using the AES to further illegal identification number for shipping

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equipment, such as container or igloo FTZ, and which, at the time of by the carrier) from the gateway seaport number, truck license number or rail car exportation, are in substantially the or airport and remains ‘‘in bond’’ until number. same condition as when imported. CBP releases the cargo at the inland Exception. A determination by BIS Foreign Principal Party in Interest Customs point or at the port of export. that releases the USPPI or the (FPPI). The party shown on the Inland Freight. The cost to ship authorized agent from the necessity to transportation document to whom final commodities between domestic ports apply for a license from the agency. delivery or end-use of the goods will be and points inland by rail, air, road, or Exemption. A specific reason as cited made. If the FPPI is in the United States water, other than baggage, express mail, within this part that eliminates the when the goods are purchased or or regular mail. requirement for filing EEI. obtained for export, it must be shown as Intermediate Consignee. The person Exemption Legend. A notation placed the USPPI. If an individual representing or entity in the foreign country who acts on the bill of lading, air waybill, or the foreign entity does not possess an as an agent for a principal party in other commercial loading document EIN or SSN, their passport number, interest with the purpose of effecting that describes the basis for not filing EEI border crossing card number, or other delivery of items to the ultimate for an export transaction. The official document number must be consignee. The intermediate consignee exemption legend shall reference the shown in the USPPI field of the EEI. may be a bank, forwarding agent, or number of the section or provision in Foreign Trade Zone (FTZ). Special other person who acts as an agent for a this part where the particular exemption commercial and industrial areas in or principal party in interest. is provided (for example, § 30.38). near ports of entry where foreign and Internal Transaction Number (ITN). Export. To send or transport goods out domestic goods, including raw The system generated number assigned of a country for consumption in another materials, components, and finished to a shipment confirming that the AES country. goods, may be brought in without being transmission was accepted and is on file Export Control. The establishment of subject to payment of customs duties. in AES. procedures for the governmental control Goods brought into these zones may be Interplant Correspondence. Records of exports for statistical or strategic stored, sold, exhibited, repacked, or documents from a U.S. firm to its purposes. assembled, sorted, graded, cleaned, or subsidiary or affiliate, whether in the Export Control Classification Number otherwise manipulated prior to reexport United States or overseas. (ECCN). Formerly Export Commodity or entry into the country’s customs Intransit. Goods shipped through the Classification Number within the CCL. territory. United States, Puerto Rico, or the U.S. Every product on the CCL has an ECCN Forwarding Agent. The person in the Virgin Islands from one foreign country consisting of a five-character number United States who is authorized by the or area to another foreign country or that identifies categories, product principal party in interest to move the area without entering the consumption groups, strategic level of control, and cargo from the United States to the channels of the United States. country groups. foreign destination and/or prepare and ISO Country Codes. The 2-position Export License. A controlling agency file the required documentation. alphabetic International Standards document authorizing export of Goods. Merchandise, supplies, raw Organization code for countries. particular goods in specific quantities or materials, and products. Letter of Intent (LOI). A written values to a particular destination. Harmonized System. A method of statement of an individual or a Issuing agencies include but are not classifying goods in international trade company’s desire to participate in the limited to: The U.S. State Department, developed by the Customs Cooperation AES. It sets forth a commitment to Bureau of Industry and Security, and Council (now the World Customs develop, maintain, and adhere to CBP Bureau of Alcohol, Tobacco, and Organization). and Census Bureau performance Firearms. Harmonized Tariff Schedule (HTS). requirements and operational standards. Export Statistics. Export statistics An organized listing of goods and their License Applicant. The person who measure the quantity or value of goods duty rates, developed by the U.S. applies for an export or reexport license (except for shipments to U.S. military International Trade Commission, that is for agency-controlled commodities. (For forces overseas) moving out of the used by CBP as the basis for classifying example, obtaining a license for goods United States to foreign countries, imported products, including that are listed on the CCL.) whether such goods are exported from establishing the duty to be charged and Loading Document. A document that within the Customs territory of the providing statistical information about establishes the terms of a contract United States, a CBP bonded warehouse, imports and exports. between a shipper and a transportation or a U.S. FTZ. Imports. All goods physically moving company under which freight is to be Export Value. The estimated worth of into the United States, including: moved between points for a specific goods at the port of export; for example, (1) Commodities of foreign origin and charge. It is usually prepared by the the selling price or the cost (if the goods (2) Goods of domestic origin returned shipper and actuated by the carrier and are not sold) including inland or to the United States with no change in serves as a document of title, a contract domestic freight, insurance, and other condition, or after having been of carriage, and a receipt for goods. For charges to the U.S. port of export. processed and/or assembled in other example, the air waybill, inland bill of Fatal Error Message. A notice sent to countries. lading, ocean bill of lading, and through the filer by the AES when invalid data Inbond. A procedure established by bill of lading are all loading documents. or a critical condition has been CBP under which goods are transported Manifest. A document listing and encountered and the EEI has been or warehoused under CBP supervision describing the cargo contents of a rejected. The filer is required to until the goods are either formally carrier, container, or warehouse. immediately address the problem, entered into the customs territory of the Carriers required to file manifests with correct the data, and retransmit the EEI. United States and duties paid, or until the CBP Port Director must include a Foreign Exports. Commodities of they are exported from the United proof of filing citation, AES downtime foreign origin that have entered the States. The procedure is so named filing citation, postdeparture filing United States for consumption, for entry because the cargo moves under the citation, or exemption legend for all into a CBP bonded warehouse or U.S. carrier’s bond (financial liability assured cargo being transported.

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Merchandise. See commodity or states that the EEI will be filed after products to computers and airplanes. It goods. departure of the carrier. should also be noted that all import and Mode of Transportation. The method Power of Attorney. A legal export codes used by the United States by which goods arrive in or are exported authorization from a USPPI or FPPI are based on the Harmonized Tariff from the United States by way of stating that the agent has authority to act System. (See HTS.) seaports, airports, or land border as its true and lawful agent for purposes Schedule C. The Classification of crossing points. Modes of transportation of preparing and filing the EEI in Country and Territory Designations. The include vessel, air, truck, rail, or other. accordance with the laws and Schedule C provides a list of country of When goods are transshipped across regulations of the United States. origin codes. The country of origin is land borders, the mode of transportation Primary Benefit. Receiving the reported in terms of International to be reported is that by which the greatest satisfaction from an export trade Standards Organization codes. goods enter or depart from the United negotiation; usually monetary. Schedule D. The classification of CBP States. Principal Parties in Interest. Those ports. The Schedule D provides a list of North American Free Trade persons in a transaction that receive the CBP ports and the corresponding Agreement (NAFTA). A formal primary benefit, monetary or otherwise, numeric codes used in compiling U.S. agreement, or treaty, between Canada, from the transaction. Generally, the foreign trade statistics. Mexico, and the United States to principals in a transaction are the seller Schedule K. The Classification of promote trade amongst the three and the buyer. In most cases, the Foreign Ports by Geographic Trade Area countries. It includes measures for the forwarding or other agent is not a and Country. The Schedule K lists the elimination of tariffs and non-tariff principal party in interest. major seaports of the world that directly barriers to trade, as well as numerous Proof of Filing Citation. A notation handle waterborne shipments in the specific provisions concerning the placed on the bill of lading, air waybill, foreign trade of the United States, and conduct of trade and investment. or other commercial loading document, includes numeric codes to identify these Order Party. The person in the United usually for carrier use, that provides ports. This schedule is maintained by States that conducts the direct evidence that export information has the Army Corps of Engineers. negotiations or correspondence with the been filed and accepted as transmitted Seller. The party, usually the foreign purchaser or ultimate consignee through the AES. manufacturer, producer, wholesaler, or Reexport. For statistical purposes: and who, as a result of these distributor of the goods, that receives exports of foreign-origin goods that have negotiations, receives the order from the the monetary benefit of the export previously entered the United States or foreign purchaser or ultimate consignee. transaction (price) or other Puerto Rico for consumption, entry into If a U.S. order party directly arranges for consideration for the exported goods. a CBP bonded warehouse, or a U.S. FTZ, the sale and export of goods to a foreign Shipment. Unless as otherwise and at the time of exportation, have entity, the U.S. order party shall be provided, all goods being sent from one undergone no change in form or listed as the USPPI in the EEI. exporter to one consignee in a single condition or enhancement in value by country of destination on a single Packing List. A list showing the further manufacture in the United conveyance. number and kinds of items being States, Puerto Rico, the U.S. Virgin Shipment Reference Number. A shipped as well as other information Islands, or U.S. FTZs. For the purpose unique identification number assigned needed for transportation purposes. of goods subject to export controls (e.g., by the EEI filer for reference purposes. Partnership Agencies. U.S. U.S. Munitions List (USML) articles): This number must remain unique for a Government agencies that have the shipment of U.S.-origin products period of five years. statistical and analytical reporting from one foreign destination to another. Shipping Weight. The total weight of and/or monitoring and enforcement Related Party Transaction. A a shipment in kilograms including responsibilities related to AES transaction involving trade between a goods and packaging. postdeparture filing privileges. USPPI and ultimate consignee in which Split Shipment. A shipment booked Party Type. Identifies whether the one exercises at least 10 percent of for export on one aircraft but split by the Party ID is an EIN, SSN, DUNS, or interest or more (voting securities) in carrier and sent on two or more aircraft Foreign Entity reported to the AES, for both. of the same carrier. example, E=EIN, S=SSN, D=DUNS, Remission. The cancellation or release Subzone. A special purpose foreign T=Foreign Entity. from a penalty, including fines, trade zone established as part of a Person. In legal usage, any natural imprisonment, and/or forfeiture, under foreign trade zone project with a limited person, corporation or other entity, this part. purpose that cannot be accommodated domestic or foreign. Retention. The necessary act of within an existing zone. Subzones are Port of Export. The seaport of CBP keeping all documentation pertaining to often established to serve the needs of airport where the goods are loaded on an export transaction for a period of at a specific company and may be located the exporting carrier that is taking the least five years for an EEI filing, or a within an existing facility of the goods out of the United States, or the time frame designated by the controlling company. port where exports by overland agency for licensed shipments. Tariff Schedule. A comprehensive list transportation cross the U.S. border into Routed Export Transaction. A or schedule of goods with applicable foreign territory. In the case of an export transaction where the FPPI authorizes a duty rates to be paid or charged for each by mail, it includes the place of mailing. U.S. agent to facilitate export of items listed article as it enters or leaves a Postdeparture Filing. The privilege from the United States on its behalf. country. granted to approved USPPIs to file Schedule B. The Statistical Transportation Reference Number. A commodity data up to 10 calendar days Classification of Domestic and Foreign reservation number assigned by the after the date of export. Commodities Exported from the United carrier to hold space on the carrier for Postdeparture Filing Citation. A States. These 10-digit commodity cargo being shipped. It is the booking notation placed on the bill of lading, air classification numbers are administered number for vessel shipments and the waybill, or other commercial loading by the Census Bureau and cover master air waybill number for air document from an approved USPPI that everything from live animals and food shipments.

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U.S. Principal Party In Interest unless otherwise specified. For Controls (DDTC) export license under (USPPI). The person or legal entity in purposes of the regulations in this part, the International Traffic in Arms the United States that receives the SED information shall be referred to as Regulations (ITAR) (22 CFR parts 120 primary benefit, monetary or otherwise, Electronic Export Information (EEI). through 130). of the export transaction. Generally, that Electronic Export Information shall be (D) Subject to the ITAR but exempt person or entity is the U.S. seller, filed through the AES by the U.S. from license requirements. manufacturer, or order party, or the principal party in interest (USPPI), the (E) Requiring a Department of Justice, foreign entity while in the United States USPPI’s authorized agent, or the Drug Enforcement Administration when purchasing or obtaining the goods authorized U.S. agent of the foreign (DEA) export permit (21 CFR part 1312). for export. principal party in interest (FPPI) for (F) Requiring an export license issued Ultimate Consignee. The person exports of physical goods, including by any other federal government agency. located abroad who is the true principal shipments moving pursuant to orders (G) Classified as rough diamonds party in interest, receiving the export or received over the Internet. Exceptions, under 6-digit Harmonized System reexport for the designated end use. (See exclusions, and exemptions to this subheadings 7102.10, 7102.21, and also End-User.) requirement are provided for in 7102.31. Unlading. The physical removal of paragraphs (a)(1)(iv) and (d) of this (2) Filing methods. The USPPI has cargo from an aircraft, truck or vessel. section and subpart D of this part. Filing four optional means for filing EEI: use Vehicle Identification Number (VIN). through the AES shall be done in AESDirect; develop AES software using A number used for the identification of accordance with the definitions, the AESTIR; purchase software a self-propelled vehicle. specifications, and requirements of the developed by certified vendors using Verify Message. A notice sent to the regulations in this part for all export the AESTIR; or use an authorized agent. filer by the AES when an unlikely shipments, except as specifically (b) General requirements—(1) condition is found. The data may or excluded in § 30.2(d) or exempted in Electronic Export Information shall be may not be correct, and the filer is subpart D, when shipped as follows: filed prior to exportation unless the required to transmit a correction, if (i) To foreign countries or areas, USPPI has been authorized to submit warranted, within four calendar days. including free (foreign trade) zones export data on a postdeparture basis Warning Message. A notice sent to the located therein (see § 30.36 for (See § 30.5(c)). Shipments requiring a filer by the AES when certain exemptions for shipments from the license or license exemption may be incomplete and conflicting data United States to Canada), from any of filed postdeparture only when the reporting conditions are encountered. the following: appropriate licensing agency has AES accepts the information filed to (A) The United States, including the granted the USPPI authorization. facilitate the trade. The filer is required 50 states and the District of Columbia. (2) Specific data elements required for to transmit a correction to the (B) Puerto Rico. EEI filing are contained in § 30.6. commodity data within four calendar (C) FTZs located in the United States (3) The AES downtime procedures days. If left uncorrected, AES will or Puerto Rico. provide uniform instructions for periodically generate and transmit a (D) The U.S. Virgin Islands. processing export transactions when the ‘‘warning reminder’’ message back to (ii) Between any of the following non- AES, AESDirect or the computer system the filer until the data have been foreign areas: of an AES participant is unavailable for corrected. (A) To Puerto Rico from the United transmission. (See § 30.4(b)(1) and Wholesaler/Distributor. An agent who States. § 30.4(b)(3).) sells directly for a supplier and (B) To the United States from Puerto (4) Instructions for particular types of maintains an inventory of the supplier’s Rico. transactions and exemptions from these products. (C) To the U.S. Virgin Islands from the Written Authorization. A written United States or Puerto Rico. requirements are found in subparts C consent by the USPPI or FPPI stating (iii) Electronic export information and D of this part. that the agent has authority to act as its shall be filed for goods moving as (5) Electronic Export Information is true and lawful agent for purposes of described in paragraphs (a)(1)(i) and (ii) required to be presented to CBP prior to preparing and filing the EEI in of this section by any mode of export for commodities being exported accordance with the laws and transportation. (Instructions for filing by vessel going directly to the countries regulations of the United States. EEI for vessels, aircraft, railway cars, identified in 19 CFR 4.75(c) and by Zone Admission Number. A unique and other carriers when sold while aircraft going directly or indirectly to and sequential number assigned by a outside the areas described in those countries (See 19 CFR FTZ operator or user to shipments paragraphs (a)(1)(i) and (ii) are covered 122.74(b)(2)). admitted to a zone. in § 30.26.) (c) Certification and filing (iv) Notwithstanding exemptions in requirements. Filers of EEI shall be § 30.2 General requirements for filing subpart D, EEI shall be filed for the required to meet application, Electronic Export Information. following types of export shipments, certification, and filing requirements (a) Filing requirements—(1) The AES regardless of value: before being approved to submit export is the electronic system for collecting (A) Destined for countries subject to data through the AES or AESDirect. SED (or any successor document) the Department of Treasury export Steps leading toward approval for the information from persons exporting licensing under the Office of Foreign AES or the AESDirect filing include the goods from the United States, Puerto Assets Control (OFAC) regulations (31 following processes: (See § 30.5 for Rico, Foreign Trade Zones (FTZs) CFR parts 500 through 599). specific application, certification, and located in the United States or Puerto (B) Requiring a Department of filing standards applicable to AES and Rico, the U.S. Virgin Islands, between Commerce, Bureau of Industry and AESDirect submissions.) Puerto Rico and the United States, and Security (BIS) license (15 CFR parts 730 (1) Submission of a Letter of Intent for to the U.S. Virgin Islands from the through 774). AES filing or submission of an online United States or Puerto Rico. References (C) Requiring a Department of State, registration for filing through to the AES also shall apply to AESDirect Directorate of Defense Trade AESDirect.

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(2) Successful completion of filer shall be physically located in the customs broker may be listed as the certification testing for AES or for United States at the time of filing, have USPPI in the EEI if the goods are AESDirect filing. an Employer Identification Number subsequently exported without change (d) Exclusions from filing EEI. The (EIN) or social security number (SSN), or enhancement. following types of transactions are and be certified to report in the AES. (3) Authorized agent. The agent shall outside the scope of this part and shall The filer is responsible for the truth, be authorized by the USPPI or, in the be excluded from EEI filing: accuracy, and completeness of the EEI, case of a routed export transaction, the (1) Goods shipped under CBP bond except insofar as that party can FPPI to prepare and file the EEI. In a through the United States, Puerto Rico, demonstrate that he or she reasonably routed export transaction, the or the U.S. Virgin Islands from one relied on information furnished by other authorized agent can be the ‘‘exporter’’ foreign country or area to another where responsible persons participating in the for export control purposes as defined such goods do not enter the transaction. All parties involved in in 15 CFR 772.1 of the U.S. Department consumption channels of the United export transactions, including U.S. of Commerce Export Administration States. Shipments under CBP bond authorized agents, should be aware that Regulations (EAR). However, the leaving the United States by vessel may invoices and other commercial authorized agent shall not be shown as require the filing of Form 7513, documents may not necessarily contain the USPPI in the EEI unless the agent Shipper’s Export Declaration for In- all the information needed to prepare acts as a USPPI in the export transaction transit Goods. the EEI. The parties shall ensure that all as defined in paragraphs (b)(2)(iii), (iv), (2) Goods shipped from the U.S. information needed for reporting to the and (v) of this section. possessions of Guam Island, American AES, including correct export licensing (c) General responsibilities of parties Samoa, Wake Island, Midway Island, information, is provided to the in export transactions—(1) USPPI Northern Mariana Islands, and Canton authorized agent for the purpose of responsibilities. (i) The USPPI can and Enderbury Islands to foreign correctly preparing the EEI. prepare and file the EEI itself, or it can countries or areas, and goods shipped (b) Parties to the export transaction— authorize an agent to prepare and file between the United States and these (1) Principal parties in interest. Those the EEI on its behalf. If the USPPI possessions when an export license or persons in a transaction that receive the prepares the EEI itself, the USPPI is license exemption is not required. As primary benefit, monetary or otherwise, responsible for the accuracy and timely per this section, EEI is required for are considered principal parties to the transmission of all the export shipments between the United States transaction. Generally, the principals in information reported to the AES. and Puerto Rico, or from the United a transaction are the seller and buyer. (ii) When the USPPI authorizes an States or Puerto Rico to the U.S. Virgin (2) USPPI. For purposes of filing EEI, agent to file the EEI on its behalf, the Islands. (See subpart B of this part for the USPPI is the person or legal entity USPPI is responsible for: filing requirements for export control in the United States that receives the (A) Providing the authorized agent purposes.) primary benefit, monetary or otherwise, with accurate export information (3) Electronic transmissions and from the transaction. Generally, that necessary to file the EEI. intangible transfers. (See subpart B for person or entity is the U.S. seller, (B) Providing the authorized agent export control requirements for these manufacturer, order party, or foreign with a power of attorney or written types of transactions.) entity purchasing or obtaining goods for authorization to file the EEI (see (4) Goods shipped to Guantanamo Bay export. The foreign entity shall be listed paragraph (f) of this section for written Naval Base in Cuba from the United as the USPPI if it is in the United States authorization requirements for agents). States, Puerto Rico, or the U.S. Virgin when the items are purchased or (C) Maintaining documentation to Islands and from Guantanamo Bay obtained for export. The foreign entity support the information provided to the Naval Base to the United States, Puerto shall then follow the provisions for authorized agent for filing the EEI, as Rico, or the U.S. Virgin Islands. (See filing the EEI specified in § 30.3 and specified in § 30.10. § 30.39 for filing requirements for § 30.6 pertaining to the USPPI. (2) Authorized agent responsibilities. shipments exported by the U.S. armed (i) If a U.S. manufacturer sells goods The agent, when authorized by a USPPI services.) directly to an entity in a foreign area, to prepare and file the EEI for an export (e) Penalties. Failure of the USPPI, the the U.S. manufacturer shall be listed as transaction, is responsible for authorized agent of either the USPPI or the USPPI in the EEI. performing the following activities: the FPPI, the exporting carrier, or any (ii) If a U.S. manufacturer sells goods, (i) Accurately preparing and filing the other person subject thereto to comply as a domestic sale, to a U.S. buyer EEI based on information received from with any of the requirements of the (wholesaler/distributor) and that U.S. the USPPI and other parties involved in regulations in this part renders such buyer sells the goods for export to a the transaction. persons subject to the penalties FPPI, the U.S. buyer (wholesaler/ (ii) Obtaining a power of attorney or provided for in subpart H of this part. distributor) shall be listed as the USPPI written authorization to complete the in the EEI. EEI. § 30.3 Electronic Export Information filer (iii) If a U.S. order party directly (iii) Maintaining documentation to requirements, parties to export arranges for the sale and export of goods support the information reported to the transactions, and responsibilities of parties to a foreign entity, the U.S. order party AES, as specified in § 30.10. to export transactions. shall be listed as the USPPI in the EEI. (iv) Upon request, providing the (a) General requirements. The filer of (iv) If goods are temporarily imported USPPI with a copy of the export EEI for export transactions is either the into the United States for reexport information filed in the manner USPPI, its authorized agent, or the within one year (e.g., carnets), the prescribed by the USPPI. authorized U.S. agent of the FPPI. authorized agent entering the goods may (d) Filer responsibilities. Export data provided to the AES shall be listed as the USPPI in the EEI. Responsibilities of USPPIs and be complete, correct, and based on (v) If a customs broker is listed as the authorized agents filing EEI are as personal knowledge of the facts stated importer of record when entering goods follows: or on information furnished by the into the United States for immediate (1) Transmitting complete and parties to the export transaction. The consumption or warehousing entry, the accurate information (see § 30.4 for a

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delineation of filing responsibilities of State, the Department of Commerce, or § 30.4 Electronic Export Information filing USPPIs and authorized agents). other U.S. Government agency issues a procedures, deadlines, and certification (2) Transmitting information in a license for the commodities being statements. timely manner in accordance with the exported, or the merchandise is being Two electronic filing options provisions and requirements contained exported under a license exemption. (predeparture and postdeparture) for in this part. (xi) Any information that it knows transmitting EEI are available to the (3) Responding to fatal errors, will affect the determination of license USPPI or authorized agent. The warning, verify and reminder messages, authorization (see subpart B of this part electronic postdeparture filing takes into and compliance alerts generated by the for additional information on licensing account that complete information AES in accordance with provisions and requirements). concerning export shipments may not requirements contained in this part. (2) Authorized agent responsibilities. always be available prior to exportation (4) Providing the exporting carrier In a routed export transaction, the and accommodates these circumstances with the required proof of filing authorized agent is responsible for by providing, when authorized, for citations or exemption legends in obtaining a power of attorney or written filing of EEI after departure. For accordance with provisions contained authorization from the FPPI to prepare example, for exports of seasonal and in this part. and file the EEI on its behalf; preparing agricultural commodities, only (5) Promptly transmitting corrections and filing the EEI based on information estimated quantities, values, and or cancellations to EEI in accordance obtained from the USPPI or other parties consignees may be known prior to with provisions contained in § 30.9. involved in the transaction; maintaining exportation. The procedures for (6) Maintaining all necessary and documentation to support the EEI obtaining certification as an AES filer proper documentation related to EEI reported to the AES; and upon request and for applying for authorization to file transactions in accordance with by the USPPI, verifying that the on a postdeparture basis are described provisions contained in this part (see information provided by the USPPI was in § 30.5. § 30.10 for specific requirements for accurately reported to the AES. The (a) EEI transmitted predeparture. The maintaining and producing authorized agent also shall provide the EEI shall always be transmitted prior to documentation for export shipments). following export information to the departure to AES for the following types (e) Responsibilities of parties in a AES: of shipments: routed export transaction. The Census (1) Used self-propelled vehicles (i) Date of export. Bureau recognizes ‘‘routed export (except those shipped between the transactions’’ as a subset of export (ii) Transportation Reference Number. United States and Puerto Rico) as transactions. A routed export (iii) Ultimate consignee. defined in 19 CFR 192.1; transaction is one in which the FPPI (iv) Intermediate consignee, if (2) Essential and precursor chemicals authorizes a U.S. agent to facilitate the applicable. requiring a permit from the DEA; export of items from the United States (v) Authorized agent name and (3) Shipments defined as ‘‘sensitive’’ and to prepare and file EEI. address. by Executive Order; (1) USPPI responsibilities. In a routed (vi) EIN, SSN or DUNS number of the (4) Shipments where a U.S. export transaction, the FPPI may authorized agent. Government agency requires authorize or agree to allow the USPPI to (vii) Country of ultimate destination. predeparture filing; prepare and file the EEI or authorize an (viii) Mode of transportation. (5) Shipments defined as ‘‘routed agent to file the EEI on its behalf. If the (ix) Carrier identification and export transactions’’ (see § 30.1(c) for a USPPI prepares and files the EEI, it shall conveyance name. list of definitions that apply to this maintain documentation to support the (x) Port of export. part); (6) Shipments to countries where EEI filed. If the FPPI authorizes an agent (xi) Foreign port of unloading. complete outbound manifests are to prepare and file the EEI, the USPPI (xii) Shipping weight. required prior to clearing vessels or shall maintain documentation to (xiii) ECCN. support the information provided to the aircraft for export (see 19 CFR 4.75(c) (xiv) License or license exemption agent for preparing the EEI as specified and 122.74(b)(2) for a listing of these information. in § 30.10 and provide the agent with countries); the following information to assist in (f) Authorizing an agent. In a power (7) Items identified on the U.S. preparing the EEI: of attorney or other written Munitions List (USML) of the ITAR (22 (i) Name and address of the USPPI. authorization, authority is conferred CFR part 121); (ii) USPPI’s EIN or SSN. upon an agent to perform certain (8) Exports that require a license from (iii) Point of origin (State or FTZ). specified acts or kinds of acts on behalf the BIS, unless the BIS has approved (iv) Commercial description of of a principal (see 15 CFR 758.1(h)). In postdeparture filing privileges for the commodities. cases where an authorized agent is filing USPPI; (v) Origin of goods indicator: EEI to the AES, the agent shall obtain a (9) Shipments of rough diamonds Domestic (D) or foreign (F). power of attorney or written classified under Harmonized System (vi) Schedule B/Harmonized Tariff authorization from a principal party in subheadings 7102.10, 7102.21, and Schedule (HTS) Classification interest to file the information on its 7102.31 and exported (reexported) in Commodity Code. behalf. A power of attorney or written accordance with the Kimberley Process; (vii) Quantity/unit of measure. authorization should specify the and (viii) Value. responsibilities of the parties with (10) Shipments for which the USPPI (ix) Upon request from the FPPI or its particularity and should state that the has not been approved for postdeparture agent, the Export Control Classification agent has authority to act on behalf of filing. Number (ECCN) or sufficient technical a principal party in interest as its true (b) Filing deadlines for EEI information to determine the ECCN. and lawful agent for purposes of transmitted predeparture. The USPPI or (x) All licensing information creating and filing EEI in accordance the authorized agent shall file the necessary to file the EEI for with the laws and regulations of the required EEI and have received the AES commodities where the Department of United States. Internal Transaction Number (ITN) no

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later than the time period specified as (B) Report the EEI at the first form of a power of attorney or written follows: opportunity AES is available. authorization, thus making them (1) For State Department USML (c) EEI transmitted postdeparture. authorized agents. The USPPI seeking shipments, refer to the ITAR (22 CFR Postdeparture filing is only available for approval for postdeparture filing parts 120 through 130) for specific approved USPPIs and provides for the privileges shall be approved before they requirements concerning predeparture electronic filing of the data elements or their authorized agent may file on a filing time frames. In addition, if a filer required by § 30.6 no later than ten (10) postdeparture basis. is unable to acquire an ITN because AES calendar days from the date of (a) AES application process—(1) AES is not operating, the filer shall not exportation. For USPPIs approved for Letter of Intent. The first requirement for export until AES is operating and an postdeparture filing, all shipments all participation in AES, including ITN is acquired. (other than those for which approval for postdeparture filing (2) For non-USML shipments, file the predeparture filing is specifically privileges, is to submit a complete and EEI and transmit the ITN as follows: required), by all methods of accurate Letter of Intent to the Census (i) For vessel cargo, the USPPI or the transportation, may be exported with Bureau. The Letter of Intent is a written authorized agent shall file the EEI the filing of EEI made postdeparture. statement of a company’s desire to required by § 30.6 and provide the AES Certified AES authorized agents or participate in AES. It shall set forth a ITN to the exporting carrier no later service centers may transmit commitment to develop, maintain, and than 24 hours prior to the departure of information postdeparture on behalf of adhere to CBP and Census Bureau the vessel from the U.S. port where the USPPIs approved for postdeparture performance requirements and cargo is laden. filing, or the approved USPPI may operations standards. The format and (ii) For air cargo, including cargo transmit the data postdeparture itself. content for the Letter of Intent are being transported by Air Express However, authorized agents or service provided in Appendix A of this part. Couriers, the USPPI or the authorized centers will not be approved for (2) AESDirect registration. U.S. agent shall file the EEI required by postdeparture filing. principal parties in interest desiring to § 30.6 and provide the AES ITN to the (d) Pipeline. The operator of a file though AESDirect shall complete exporting carrier no later than two (2) pipeline may transport goods to a the online AESDirect registration form hours prior to the scheduled departure foreign country without the prior filing in lieu of the AES Letter of Intent. After time of the aircraft. of the proof of filing citation, on the submitting the registration, an (iii) For truck cargo, including cargo condition that within four (4) days AESDirect filing account is created for departing by Express Consignment following the end of each calendar the filing company. The person Couriers, the USPPI or the authorized month the operator shall file on the AES designated as the account administrator agent shall file the EEI required by and will deliver to the CBP Port Director is responsible for activating the account § 30.6 and provide the AES ITN to the the proof of filing citation covering all and completing the certification process exporting carrier no later than one (1) exportations through the pipeline to as discussed in paragraph (b)(2) of this hour prior to the arrival of the truck at each consignee during the month. section. the United States border to go foreign. (e) Proof of filing citation or (b) Certification process—(1) AES (iv) For rail cargo, the USPPI or the exemption legend. The USPPI or the certification process. The USPPI shall authorized agent shall file the EEI authorized agent shall provide the perform an initial two-part required by § 30.6 and provide the AES exporting carrier with the AES proof of communication test to ascertain ITN to the exporting carrier no later filing citation or exemption legend as whether its system is capable of both than two (2) hours prior to the time the described in § 30.7. transmitting data to, and receiving data train arrives at the U.S. border to go from, the AES. The USPPI shall foreign. § 30.5 Electronic Export Information filing (v) For mail and cargo shipped by application and certification processes and demonstrate specific system application other methods, except pipeline, the standards. capabilities. The capability to correctly USPPI or the authorized agent shall file Prior to filing EEI, the USPPI or the handle these system applications is the the EEI required by § 30.6 and provide authorized agent shall be certified to file prerequisite to certification for the AES ITN to the exporting carrier no on the AES. A service center shall be participation in the AES. The USPPI later than two (2) hours prior to certified to transmit electronically to the shall successfully transmit the AES exportation. (See § 30.4(d) for filing AES. The USPPI, authorized agent, or certification test. The CBP’s and/or deadlines for shipments sent by service center may use a software Census Bureau’s client representatives pipeline.) package designed by a certified vendor provide assistance during certification (vi) For all other modes, the USPPI or to file EEI to the AES. Once an testing. These representatives make the the authorized agent shall file the authorized agent has successfully sole determination as to whether or not required EEI no later than two (2) hours completed the certification process, any the USPPI qualifies for certification. prior to exportation. USPPI using that agent does not have to Upon successful completion of (3) For non-USML shipments when be certified. The certified authorized certification testing, the USPPI’s status the AES is unavailable, use the agent shall have a properly executed is moved from testing mode to following instructions: power of attorney, a written operational status. Automated Export (i) If the participant’s AES is authorization from the USPPI or FPPI, System filers may be required to repeat unavailable, the filer must delay the and be domiciled in the United States the certification testing process at any export of the goods or find an to file EEI to the AES. The USPPI or time. The Census Bureau will provide alternative filing method; authorized agent that utilizes a certified the AES filer with a certification notice (ii) If AES or AESDirect is software vender or service center shall after the USPPI has been approved for unavailable, the goods may be exported complete certification testing. Service operational status. The certification and the filer must: centers may only transmit export notice will include: (A) Provide the appropriate proof of information; they may not prepare and (i) The date that filers may begin filing citation as described in file export information unless they have transmitting data; § 30.7(b)(4); and authorization from the USPPI in the (ii) Reporting instructions; and

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(iii) Examples of the required AES (iii) The USPPI is not an established or is currently under investigation for a proof of filing citations, postdeparture USPPI with regular operations. felony involving a violation of federal filing citations, AES downtime filing (iv) The USPPI has consistently failed export laws or regulations and the citation, and exemption legends. to submit EEI to the AES in a timely and Census Bureau has evidence of probable (2) AESDirect certification process. To accurate manner. cause supporting such violation, or the become certified for AESDirect, filers (v) The USPPI has a history of applicant is in violation of Census shall demonstrate knowledge of this noncompliance with Census Bureau Bureau export rules and regulations part and the ability to successfully export regulations contained in this contained in this part; transmit EEI. Upon successful part. (E) The USPPI has failed to comply completion of the certification testing, (vi) The USPPI has been indicted, with existing Census Bureau or other notification by e-mail will be sent to the convicted, or is currently under agency export regulations or has failed account administrator when an account investigation for a felony involving a to pay any outstanding penalties is fully activated for filing via violation of federal export laws or assessed in connection with such AESDirect. Certified filers should print regulations and the Census Bureau has noncompliance; or and retain the page congratulating the evidence of probable cause supporting (F) The USPPI would pose a filer on passing the test. such violation, or the USPPI is in significant threat to national security (c) Postdeparture filing approval violation of Census Bureau export interests such that its continued process. The USPPI may apply for regulations contained in this part. participation in postdeparture filing postdeparture filing privileges by (vii) The USPPI has made or caused should be terminated. (ii) Revocation by other agencies. Any submitting a Letter of Intent to the to be made in the Letter of Intent a false of the other agencies may revoke a Census Bureau in accordance with the or misleading statement or omission USPPI’s postdeparture filing privileges provisions contained in § 30.4 (see with respect to any material fact. with respect to transactions subject to Appendix A of this part for the content (viii) The USPPI would pose a the jurisdiction of that agency. When and format of the Letter of Intent). An significant threat to national security doing so, the agency shall notify both authorized agent may not apply on interests such that its participation in the Census Bureau and the USPPI behalf of a USPPI. The Census Bureau postdeparture filing should be denied. (ix) The USPPI has multiple whose authorization is being revoked. will distribute the Letter of Intent for violations of either the Export (4) Notice of revocation. Approved postdeparture filing privileges to CBP Administration Regulations (EAR) (15 postdeparture filing USPPIs whose and the other Federal Government CFR parts 730 through 774) or the postdeparture filing privileges have partnership agencies participating in the International Traffic in Arms been revoked by other agencies shall AES postdeparture filing review Regulations (ITAR)(22 CFR parts 120 contact those agencies for their specific process. Failure to meet the standards of through 130) within the last three (3) revocation and appeal procedures. the Census Bureau, CBP or any of the years. When the Census Bureau makes a partnership agencies is reason for denial (2) Notice of denial. A USPPI denied determination to revoke an approved of the applicant for postdeparture filing postdeparture filing privileges by other USPPI’s postdeparture filing privileges, privileges. Each partnership agency will agencies shall contact those agencies the USPPI will be notified electronically develop its own internal postdeparture regarding the specific reason(s) for non- of the reason(s) for the decision. In most filing acceptance standards, and each selection and for their appeal cases, the revocation shall become agency will notify the Census Bureau of procedures. A USPPI denied effective when the USPPI has either the USPPI’s success or failure to meet postdeparture filing status by the exhausted all appeal procedures, or that agency’s acceptance standards. Any Census Bureau will be provided with a thirty (30) calendar days after receipt of partnership agency may require specific reason for non-selection and a the notice of revocation, if no appeal is additional information from USPPIs that Census Bureau point of contact in an filed. However, in cases judged to affect are applying for postdeparture filing. electronic notification letter. A USPPI national security, revocations shall The Census Bureau will notify the may appeal the Census Bureau’s non- become effective immediately upon USPPI of the decision to either deny or selection decision by following the notification. approve their application for appeal procedure and re-application (5) Appeal procedure. Any USPPI postdeparture filing privileges within procedure provided in paragraph (c)(5) whose request for postdeparture filing thirty (30) calendar days of receipt of of this section. privileges has been denied by the the Letter of Intent by the Census (3) Revocation of postdeparture filing Census Bureau or whose postdeparture Bureau, or if a decision cannot be privileges—(i) Revocation by the Census filing privileges have been revoked by reached at that time, the USPPI will be Bureau. The Census Bureau may revoke the Census Bureau may appeal the notified of an extension for a final postdeparture filing privileges of an decision by filing an appeal within decision as soon as possible after the approved USPPI for the following thirty (30) calendar days of receipt of thirty (30) calendar days. reasons: the notice of decision. Appeals should (1) Grounds for denial of (A) The USPPI’s volume of EEI be addressed to the Chief, Foreign Trade postdeparture filing status. The Census reported in the AES does not warrant Division, U.S. Census Bureau, Bureau may deny a USPPI’s application continued participation in Washington, DC 20233. The Census for postdeparture filing privileges for postdeparture filing. Bureau will issue a written decision to any of the following reasons: (B) The USPPI or its authorized agent the USPPI within thirty (30) calendar (i) The USPPI has not demonstrated has failed to submit EEI to the AES in days from the date of receipt of the experience in filing or authorizing the a timely and accurate manner; appeal by the Census Bureau. If a filing of information electronically (C) The USPPI has made or caused to written decision is not issued within through the AES. be made in the Letter of Intent a false thirty (30) calendar days, the Census (ii) The USPPI’s volume of EEI or misleading statement or omission Bureau will forward to the USPPI a reported through the AES does not with respect to material fact; notice of extension within that time warrant participation in postdeparture (D) The USPPI submitting the Letter period. The USPPI will be provided filing. of Intent has been indicted, convicted, with the reasons for the extension of

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this time period and an expected date of is infected with a virus, the company (ii) Address of the USPPI. In all EEI decision. Approved postdeparture filing shall contact the Census Bureau’s filings, the USPPI shall report the USPPIs who have had their Foreign Trade Division Computer address or location (no post office box postdeparture filing status revoked may Security Officer and refrain from using number) from which the goods actually not reapply for this privilege for one AESDirect until it is virus free. Failure begin the journey to the port of export. year following written notification of to comply with these requirements will For example, EEI covering goods laden the revocation. result in immediate loss of privilege to aboard a truck at a warehouse in Georgia (d) Electronic Export Information use AESDirect until the registered for transport to Florida for loading onto filing standards. The data elements company can establish to the a vessel for export to a foreign country required for filing EEI are contained in satisfaction of the Census Bureau’s shall show the address of the warehouse § 30.6. When filing EEI, the USPPI or Foreign Trade Division Computer in Georgia. If the USPPI does not have authorized agent shall comply with the Security Officer that the company’s a facility (processing plant, warehouse, data transmission procedures computer systems accessing AESDirect distribution center, or retail outlet, etc., determined by CBP and the Census are virus free. whether owned or leased) at the Bureau and shall agree to stay in (e) Monitoring the filing of EEI. The location from which the goods began complete compliance with all export USPPI’s or the authorized agent’s AES their export journey, report the USPPI rules and regulations in this part. filings will be monitored and reviewed address from which the export was Failure of the USPPI or the authorized for quality, timeliness, and coverage. directed. For shipments with multiple agent of either the USPPI or FPPI to The Census Bureau will provide origins, report the address from which comply with these requirements performance reports to USPPIs and the commodity with the greatest value constitutes a violation of the regulations authorized agents who file EEI. The begins its export journey or, if such in this part, and renders such principal Census Bureau will take appropriate information is not known at the time of party or the authorized agent subject to action to correct specific situations filing, the address from which the the penalties provided for in subpart H where the USPPI or authorized agent export is directed. of this part. In the case of AESDirect, fails to maintain acceptable levels of (iii) USPPI identification number. The when submitting a registration form to data quality, timeliness, or coverage. USPPI’s EIN or SSN. The USPPI shall AESDirect, the registering company is report its own Internal Revenue Service (f) Support. The Census Bureau certifying that it will be in compliance (IRS) EIN in the USPPI field of the EEI. provides online services that allow the with all applicable export rules and If the USPPI has only one EIN, report USPPI and the authorized agent to seek regulations. This includes complying that EIN. If the USPPI has more than one assistance pertaining to AES and this with the following security EIN, report an EIN that the USPPI also requirements: part. For AES assistance, filers may send uses to report employee wages and (1) AESDirect user names, an e-mail to [email protected], and withholdings, not an EIN used to report administrator codes, and passwords are for regulatory assistance, filers may send only company earnings or receipts. If, to be kept secure by the account an e-mail to [email protected]. and only if, no IRS EIN has been administrator and not disclosed to any AESDirect is supported by a help desk assigned to the USPPI, the USPPI’s own unauthorized user or any persons available twelve (12) hours a day from SSN shall be reported to the AES. Use outside the registered company. Filers 7 a.m. to 7 p.m. EST, seven (7) days a of another company’s EIN or another shall change administrator codes or week. Filers can obtain contact individual’s SSN is prohibited. The passwords for security purposes when information from the Web site http:// appropriate Party ID Type code shall be employees leave the company. The www.aesdirect.gov. reported to the AES. When a foreign administrator shall change the password § 30.6 Electronic Export Information data entity is in the United States when the when any person with access leaves the elements. items are purchased or obtained for company. export, the foreign entity is the USPPI The information specified in this (2) Registered companies are for filing purposes. In such situations, section is required for shipments responsible for those persons having when the foreign entity does not have transmitted to the AES. The data access to the user name, administrator an EIN or SSN, it shall report in the EEI elements identified as ‘‘mandatory’’ code, and password. If an employee a DUNS number, border crossing shall be reported for each transaction. with access to the user name, number, passport number, or any The data elements identified as administrator code, and password number assigned by CBP. leaves the company or otherwise is no ‘‘conditional’’ shall be reported if they (iv) Contact information. Show longer an authorized user, the company are required for or apply to the specific contact name and telephone number. shall immediately change the password, shipment. The data elements identified (2) Date of export. The date of export administrator code, and user name in as ‘‘optional’’ may be reported at the is the date when goods are scheduled to the system to ensure the integrity and discretion of the USPPI or the leave the port of export on the exporting confidentiality of Title 13 data. authorized agent. carrier that is taking the goods out of the (3) Antivirus software shall be (a) Mandatory data elements are as United States. installed and set to run automatically on follows: (3) Ultimate consignee. The ultimate all computers that access AESDirect. All (1) USPPI and USPPI identification. consignee is the person, party, or AESDirect registered companies will The name, address, identification, and designee that is located abroad and maintain subscriptions with their contact information of the USPPI shall actually receives the export shipment. antivirus software vendor to keep be reported to the AES as follows: The name and address of the ultimate antivirus lists current. Registered (i) Name of the USPPI. In all export consignee, whether by sale in the companies are responsible for transactions, the name listed in the United States or abroad or by performing full scans of these systems USPPI field in the EEI shall be the consignment, shall be reported in the on a regular basis, but not less than USPPI in the transaction. (See § 30.1 for EEI. The ultimate consignee as known at every 30 days, to ensure the elimination the definition of the USPPI and § 30.3 the time of export shall be reported. For of any virus contamination. If the for details on the USPPI’s reporting shipments requiring an export license, registered company’s computer system responsibilities.) the ultimate consignee shall be the

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person so designated on the export through which goods from the United Alpha Code (SCAC) for vessel, rail, and license or authorized to be the ultimate States are frequently transshipped. If the truck shipments or the International Air consignee under the applicable license USPPI does not know the ultimate Transport Association (IATA) code for exemption in conformance with the destination of the goods, the country of air shipments. For other valid modes of EAR or ITAR, as applicable. For goods destination to be shown is the last transportation, including mail and fixed sold en route, report the appropriate country, as known to the USPPI at the modes (pipeline), the carrier ‘‘To be Sold En Route’’ indicator in the time of shipment from the United identification is not required. The EEI, and report corrected information as States, to which the goods are to be National Motor Freight Traffic soon as it is known (see § 30.9 for shipped in their present form. (For Association (NMFTA) issues and procedures on correcting AES instructions as to the reporting of maintains the SCAC. (See http:// information). country of destination for vessels sold or www.nmfta.org.) The IATA issues and (4) U.S. state of origin. The U.S. state transferred from the United States to maintains the IATA codes. (See http:// of origin is the 2-character postal code foreign ownership, see § 30.26.) www.census.gov/trade for a list of IATA for the state in which the goods begin (iii) For goods to be sold en route, codes.) their journey to the port of export. For report the country of the first port of call (9) Port of export. The port of export example, a shipment covering goods and then report corrected information as is the seaport or airport where the goods laden aboard a truck at a warehouse in soon as it is known. are loaded on the exporting carrier that Georgia for transport to Florida for (6) Mode of transportation. The mode is taking the goods out of the United loading onto a vessel for export to a of transportation is the means by which States, or the port where exports by foreign country shall show Georgia as the goods are exported from the United overland transportation cross the U.S. the state of origin. The U.S. state of States. border into foreign territory. The port of origin may be different from the U.S. (i) Conveyances exported under their export shall be reported in terms of state where the goods were produced, own power. The mode of transportation Schedule D, ‘‘Classification of CBP mined, or grown, or where the USPPI is for aircraft, vessels, or locomotives Districts and Ports.’’ Use port code 8000 located. For shipments of multi-state (railroad stock) transferring ownership for shipments by mail. origin, reported as a single shipment, or title and moving out of the United (i) Vessel and air exports involving report the U.S. state of the commodity States under its own power is the mode several ports of exportation. For goods with the greatest value. If such of transportation by which the loaded aboard a carrier in a port of information is not known, report the conveyance moves out of the United lading, where the carrier stops at several state in which the commodities are States. ports before clearing to the foreign consolidated for export. (ii) Exports through Canada, Mexico, country, the port of export is the first (5) Country of ultimate destination. or other foreign countries for port where the goods were loaded on The country of ultimate destination is transshipment to another destination. the exporting carrier. For goods off- the country in which the goods are to For transshipments through Canada, loaded from the original conveyance to be consumed or further processed or Mexico, or another foreign country, the another conveyance (even if the aircraft manufactured. The country of ultimate mode of transportation is the mode of or vessel belongs to the same carrier) at destination is the code issued by the the carrier transporting the goods out of any of the ports, the port where the International Standards Organization the United States. goods were loaded on the last (ISO). (7) Conveyance name/carrier name. conveyance before going foreign is the (i) Shipments under an export license The conveyance name/carrier name is port of export. or license exemption. For shipments the name of the conveyance/carrier (ii) Exports through Canada, Mexico, under an export license or license transporting the goods out of the United or other foreign countries for exemption issued by the Department of States as known at the time of transshipment to another destination. State, DDTC, or the Department of exportation. For exports by sea, the For transshipments through Canada, Commerce, BIS, the country of ultimate conveyance name is the vessel name. Mexico, or another foreign country to a destination shall conform to the country For exports by air, rail, or truck, the third country, the port of export is the of ultimate destination as shown on the carrier name is that which corresponds location where the goods are loaded on license. In the case of a Department of to the carrier identification as specified the carrier that is taking the goods out State license, the country of ultimate in paragraph (a)(8) of this section. Terms of the United States. destination is the country specified with such as airplane, train, rail, truck, (10) Related company indicator. The respect to the end user. vessel, barge, or international footbridge related company indicator shows if the (ii) Shipments not moving under an are not acceptable. For shipments by USPPI and the ultimate consignee are export license. The country of ultimate other modes of transportation, including related. A related party transaction destination is the country known to the mail or fixed modes (pipeline), the involves trade between an affiliated USPPI at the time of exportation. The conveyance/carrier name is not USPPI and ultimate consignee in which country to which the goods are being required. one person or business exercises at least shipped is not the country of ultimate (8) Carrier identification. The carrier a 10 percent interest (voting securities) destination if the USPPI has knowledge identification specifies the carrier that in both parties. Shipments to at the time the goods leave the United transports the goods out of the United independent distributors are considered States that they are intended for States. The carrier transporting the non-related unless there is at least 10 reexport or transshipment in their goods to the port of export and the percent control. present form to another known country. carrier transporting the goods out of the (11) Domestic or foreign indicator. For goods shipped to Canada, Mexico, United States may be different. For Indicate if the goods exported are of Panama, Hong Kong, Belgium, United transshipments through Canada, domestic or foreign origin. Show foreign Arab Emirates, The Netherlands, or Mexico, or another foreign country, the goods separately from goods of domestic Singapore, for example, special care carrier identification is that of the production even if the commodity should be exercised before reporting carrier that transports the goods out of classification number is the same. these countries as the ultimate the United States. The carrier (i) Domestic. Exports of domestic destination, since these are countries identification is the Standard Carrier goods include those commodities that

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are the growth, produce, or manufacture sufficient to ensure compliance with reported. The total of these estimated of the United States, including goods that license exemption. However, where weights equals the actual shipping exported from U.S. FTZs, Puerto Rico, the description on the license does not weight of the entire container or or the U.S. Virgin Islands (including state all of the characteristics of the containers. commodities incorporating foreign commodity that are needed to (17) Value. In general, the value to be components), and those articles of completely verify the commodity reported in the EEI shall be the value of foreign origin that have been enhanced classification number, as described in the goods at the U.S. port of export. The in value or changed from the form in this paragraph, report the missing value shall be the selling price as which they were originally imported by characteristics, as well as the defined in this paragraph (or the cost if further manufacture or processing in the description shown on the license, in the the goods are not sold), including inland United States, including goods exported commodity description field of the EEI. or domestic freight, insurance, and other from U.S. FTZs, Puerto Rico, or the U.S. (14) Primary unit of measure. The charges to the U.S. seaport, airport, or Virgin Islands. Identify domestic goods unit of measure shall correspond to the land border port of export. Report value by the designation ‘‘D’’ in the EEI. primary quantity as prescribed in the to the nearest dollar; omit cents figures. (ii) Foreign. Exports of foreign goods Schedule B or HTS. If neither Schedule Fractions of a dollar less than 50 cents include those commodities that are the B or HTS specifies a unit of measure for should be ignored, and fractions of 50 growth, produce, or manufacture of the item, an ‘‘X’’ is required in the unit cents or more should be rounded foreign countries that entered the of measure field. upward to the next dollar. United States, including goods admitted (15) Primary quantity. The quantity is (i) Selling price. The selling price for to U.S. FTZs as imports and that, at the the total number of units that goods exported pursuant to sale, and the time of exportation, have undergone no correspond to the first unit of measure value to be reported in the EEI, is the change in form or condition or specified in the Schedule B or HTS. USPPI’s price to the FPPI (the foreign enhancement in value by further Where the unit of measure is in terms buyer). Deduct from the selling price manufacture in the United States, in of weight (grams, kilograms, metric tons, any unconditional discounts, but do not U.S. FTZs, in Puerto Rico, or in the U.S. etc.), the quantity reflects the net deduct discounts that are conditional Virgin Islands. Identify foreign goods by weight, not including the weight of upon a particular act or performance on the designation ‘‘F’’ in the EEI. barrels, boxes, or other bulky coverings, the part of the foreign buyer. For goods (12) Commodity classification and not including salt or pickle in the shipped on consignment without a sale number. Report the 10-digit commodity case of salted or pickled fish or meats. actually having been made at the time classification number as provided in For a few commodities where ‘‘content of export, the selling price to be Schedule B, Statistical Classification of grams’’ or ‘‘content kilograms’’ or some reported in the EEI is the market value Domestic and Foreign Commodities similar weight unit is specified in at the time of export at the U.S. port. Exported from the United States in the Schedule B or HTS, the quantity may be (ii) Adjustments. When necessary, EEI. The 10-digit commodity less than the net weight. The quantity is make the following adjustments to classification number provided in the reported as a whole unit only, without obtain the value. HTS may be reported in lieu of the commas or decimals. If the quantity (A) Where goods are sold at a point Schedule B commodity classification contains a fraction of a whole unit, other than the port of export, freight, number except as noted in the round fractions of one-half unit or more insurance, and other charges required in headnotes of the HTS. The HTS is a and fractions of less than one-half unit moving the goods from their U.S. point global classification system used to up or down to the nearest whole unit, of origin to alongside the exporting describe most world trade in goods. respectively. (For example, where the carrier at the port of export shall be Furnishing the correct Schedule B or unit for a given commodity is in terms added to the selling price (as defined in HTS number does not relieve the USPPI of ‘‘tons,’’ a net quantity of 8.4 tons paragraph (a)(17)(i) of this section) for or the authorized agent of furnishing, in would be reported as 8 for the quantity. purposes of reporting the value in the addition, a complete and accurate If the quantity is less than one unit, the EEI. commodity description. When reporting quantity is 1. (B) Where the actual amount of the Schedule B number or HTS number, (16) Shipping weight. The shipping freight, insurance, and other domestic the decimals shall be omitted. (See weight is the weight in kilograms, costs are not available, an estimate of http://www.census.gov/trade for a list of which includes the weight of the the domestic costs shall be made and Schedule B Classification Numbers). commodity as well as the weight of added to the cost of the goods or selling (13) Commodity description. Report normal packaging, such as boxes, crates, price to derive the value to be reported the description of the goods shipped in barrels, etc. The shipping weight is in the EEI. Add the estimated domestic sufficient detail to permit verification of required for exports by air, vessel, rail, costs to the cost or selling price of the the Schedule B or HTS number. Clearly and truck, and required for exports of goods to obtain the value to be reported and fully state the name of the household goods transported by all in the EEI. commodity in terms that can be modes. For exports (except household (C) Where goods are sold at a identified or associated with the goods) by mail, fixed transport ‘‘delivered’’ price to the foreign language used in Schedule B or HTS (pipeline), or other valid modes, the destination, the cost of loading the (usually the commercial name of the shipping weight is not required and goods on the exporting carrier, if any, commodity), and any and all shall be reported as zero. For and freight, insurance, and other costs characteristics of the commodity that containerized cargo in lift vans, cargo beyond the port of export shall be distinguish it from commodities of the vans, or similar substantial outer subtracted from the selling price for same name covered by other Schedule containers, the weight of such purposes of reporting value in the EEI. B or HTS classifications. If the shipment containers is not included in the If the actual amount of such costs is not requires a license, the description shipping weight. If the shipping weight available, an estimate of the costs reported in the EEI shall conform with is not available for each Schedule B or should be subtracted from the selling that shown on the license. If the HTS item included in one or more price. shipment qualifies for a license containers, the approximate shipping (D) Costs added to or subtracted from exemption, the description shall be weight for each item is estimated and the selling price in accordance with the

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instructions in this paragraph (a)(17)(ii) filer to add, change, replace, or cancel (3) Foreign Trade Zone (FTZ) should not be shown separately in the an export shipment transaction. identifier. If goods are removed from the EEI, but the value reported should be (26) Line item filing action request FTZ and not entered for consumption, the value after making such indicator. An indicator that allows the report the FTZ identifier. This is the adjustments, where required, to arrive at filer to add, change, or delete a unique 5-digit identifier assigned by the the value of the goods at the U.S. port commodity line within an export Foreign Trade Zone Board that of export. shipment transaction. identifies the FTZ, sub-zone or site from (iii) Exclusions. Exclude the following (27) Filing option indicator. An which goods are withdrawn for export. from the selling price of goods exported. indicator of whether the filer is (4) Foreign port of unlading. The (A) Commissions to be paid by the reporting export information foreign port of unlading is the port and USPPI to its agent abroad or predeparture or postdeparture. Only country where the goods are removed commissions to be deducted from the approved USPPIs may file from the exporting carrier. The foreign selling price by the USPPI’s agent postdeparture. See § 30.4 for more port does not have to be located in the abroad. information on EEI filing options. country of destination. For exports by (B) The cost of loading goods on the (b) Conditional data elements are as sea to foreign countries, not including exporting carrier at the port of export. follows: Puerto Rico, the foreign port of unlading (C) Freight, insurance, and any other (1) Authorized agent and authorized is the code in terms of Schedule K, charges or transportation costs beyond agent identification. If an authorized ‘‘Classification of Foreign Ports by the port of export. agent is used to prepare and file the EEI, Geographic Trade Area and Country.’’ (D) Any duties, taxes, or other the following information shall be For exports by sea or air between the assessments imposed by foreign provided to the AES. United States and Puerto Rico, the countries. (i) Name of the authorized agent. foreign port of unlading is the code in (iv) For definitions of the value to be Report the name of the authorized agent. terms of Schedule D, ‘‘Classification of reported in the EEI for special types of The authorized agent is that person or CBP Districts and Ports.’’ The foreign transactions where goods are not being entity in the United States that is port of unlading is not required for exported pursuant to commercial sales, authorized by the USPPI or the FPPI to exports by other modes of or where subsidies, government transportation, including rail, truck, prepare and file the EEI or the person or financing or participation, or other mail, fixed (pipeline), or air (unless entity, if any, named on the export unusual conditions are involved, see between the U.S. and Puerto Rico). license. (See § 30.3 for details on the subpart C of this part. (5) Export license number/CFR specific reporting responsibilities of (18) Export information code. A code citation/authorization symbol. License authorized agents and subpart B of this that identifies the type of export number, permit number, citation, or part for export control licensing shipment or condition of the exported authorization symbol assigned by the requirements for authorized agents.) items (e.g., goods donated for relief or Department of Commerce, BIS; charity, impelled shipments, shipments (ii) Address of the authorized agent. Department of State, DDTC; Department under the Foreign Military Sales Report the address or location (no post of Treasury, OFAC; Department of program, household goods, shipments office box number) of the authorized Justice, Drug Enforcement under carnet, and all other shipments). agent. The authorized agent’s address Administration (DEA); Nuclear (19) Shipment reference number. A shall be reported with the initial Regulatory Commission (NRC); or any unique identification number assigned shipment. Subsequent shipments may other federal government agency. by the filer that allows for the be identified by the agent’s (6) Export Control Classification identification of the shipment in the identification number (see paragraph Number (ECCN). The number used to filer’s system. The number must be (b)(1)(iii) of this section). identify items on the Commerce Control unique for five (5) years. (iii) Authorized agent’s identification List (CCL), Supplement No. 1 to Part (20) Line number. A number that number. Report the authorized agent’s 774 of the EAR. The five (5) position identifies the specific commodity line own EIN, SSN, or DUNS in the EEI for ECCN consists of a set of digits and a item within a shipment. the first shipment and for each letter or EAR99. Section 738.2 of the (21) Hazardous material (HAZMAT) subsequent shipment. Use of another EAR describes the ECCN format. indicator. An indicator identifying the company’s or individual’s EIN or other (7) Secondary unit of measure. The shipment as hazardous as defined by the identification number is prohibited. The unit of measure is a code that Department of Transportation. type of agent identification (E=EIN, corresponds to the secondary quantity (22) Inbond code. The code indicating S=SSN, etc.) shall be indicated. as prescribed in the Schedule B or HTS. whether the shipment is being (iv) Contact information. Show If neither Schedule B nor HTS specifies transported under bond. contact name and telephone number. a secondary unit of measure for the (23) License code/license exemption (2) Intermediate consignee. The name item, the unit of measure is not code. The code identifies the and address of the intermediate required. commodity as having a Federal consignee (if any) shall be reported. The (8) Secondary quantity. The quantity Government agency requirement for a intermediate consignee acts in a foreign is the total number of units that license, permit, license exception or country as an agent for the principal correspond to the secondary unit of exemption or that no license is required. party in interest or the ultimate measure, if any, specified in the (24) Routed export transaction consignee for the purpose of effecting Schedule B or HTS. See the definition indicator. An indicator that the FPPI has delivery of the export shipment to the of the primary quantity for specific authorized, through a power of attorney ultimate consignee. The intermediate instructions on reporting the quantity as or written authorization, an agent to consignee is the person named as such a weight and whole unit, and rounding prepare and file the EEI. See § 30.3 for on the export license or authorized to fractions. responsibilities of the parties to the act as such under the applicable general (9) Vehicle Identification Number routed export transaction. license and in conformity with the (VIN)/Product ID. The identification (25) Shipment filing action request Export Administration Regulations found on the reported used vehicle. For indicator. An indicator that allows the (EAR) (15 CFR parts 730 through 774). used self-propelled vehicles that do not

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have a VIN, the Product ID is reported. (15) Department of State number, truck license number, or rail ‘‘Used’’ vehicle refers to any self- requirements. car number. propelled vehicle the equitable or legal (i) DDTC registration number. The § 30.7 Annotating the bill of lading, title to which has been transferred by a number assigned by DDTC to persons air waybill, and other commercial manufacturer, distributor, or dealer to who are required to register per part 122 loading documents with the proper an ultimate purchaser. See 19 CFR 192.1 of the ITAR (22 CFR parts 120 through proof of filing citations, approved for more information on exports of used 130), that has an authorization (license postdeparture filing citations, downtime vehicles. or exemption) from DDTC to export the filing citation, and exemption legends. (10) Vehicle ID qualifier. The qualifier article. (a) Items identified on the U.S that identifies the type of used vehicle (ii) DDTC Significant Military Munitions List (USML) (22 CFR part reported. The valid codes are V for VIN Equipment (SME) indicator. A term 121) shall meet the predeparture and P for Product ID. used to designate articles on the U.S. reporting requirements identified in the (11) Vehicle title number. The number Munitions List (USML) (22 CFR part ITAR (22 CFR parts 120 through 130) for issued by the Motor Vehicle 121) for which special export controls the State Department requirements Administration. are warranted because of their capacity concerning AES proof of filing citations, (12) Vehicle title state code. The 2- for substantial military utility or and time and place of filing. character postal abbreviation code for capability. See § 120.7 of the ITAR (22 (b) For shipments other than USML, the state or territory that issued the CFR parts 120 through 130), for a the USPPI or the authorized agent is vehicle title. definition of SME and § 121.1 for items responsible for annotating the proper (13) Entry number. The entry number designated as SME articles. proof of filing citation or exemption is the import entry number for a (iii) DDTC eligible party certification legend on the first page of the bill of shipment transported under bond or if indicator. Certification by the U.S. lading, air waybill, or other commercial a FTZ or North American Free Trade exporter that the exporter is an eligible loading document. The USPPI or the Agreement (NAFTA) deferred duty party to participate in defense trade. See authorized agent must provide the proof claim is made. For goods imported into 22 CFR 120.1(c). This certification is of filing citation or exemption legend to the United States for export to a third required only when an exemption is the exporting carrier. The carrier must country of ultimate destination, where claimed. annotate the proof of filing citation or the importer of record on the entry is a (iv) DDTC USML category code. The exemption legend on the carrier’s foreign entity, the USPPI will be the USML category of the article being outbound manifest when required. The authorized agent designated by the exported (22 CFR part 121). carrier is responsible for presenting the foreign importer for service of process. (v) DDTC Unit of Measure (UOM). appropriate exemption legend or the The USPPI, in this circumstance, is This unit of measure is the UOM proof of filing citation to the CBP Port required to report the import entry covering the article being shipped as Director at the port of export as stated number. This number shall not contain described on the export authorization or in subpart E of this part. Such any imbedded slashes or dashes. declared under an ITAR exemption. presentation shall be without material (14) Transportation reference number. (vi) DDTC quantity. This quantity is change or amendment of the proof of The transportation reference number for the article being shipped. The filing citation, postdeparture filing (TRN) is as follows: quantity is the total number of units that citation, AES downtime filing citation, (i) Vessel shipments. Report the corresponds to the DDTC UOM code. or exemption legend as provided to the booking number for vessel shipments. (vii) DDTC exemption number. The carrier by the USPPI or the authorized The booking number is the reservation exemption number is the specific agent. The proof of filing citation will number assigned by the carrier to hold citation from the ITAR (22 CFR parts identify that the export information has space on the vessel for cargo being 120 through 130) that exempts the been accepted as transmitted. The exported. The TRN is required for all shipment from the requirements for a postdeparture filing citation, AES vessel shipments. license or other written authorization downtime filing citation, or exemption (ii) Air shipments. Report the master from DDTC. legend will identify that no filing is air waybill number for air shipments. (viii) DDTC export license line required prior to export. The proof of The air waybill number is the number. The line number of the State filing citations, postdeparture filing reservation number assigned by the Department export license that citations, or exemption legends shall carrier to hold space on the aircraft for corresponds to the article being appear on the bill of lading, air waybill, cargo being exported. The TRN is exported. manifest or other commercial loading optional for air shipments. (16) Kimberley Process Certificate documentation and shall be clearly (iii) Rail shipments. Report the bill of (KPC) number and authorization visible and include either of the lading (BL) number for rail shipments. symbol. The unique identifying number following: The BL number is the reservation of the KPC issued by the United States (1) For shipments other than USML, number assigned by the carrier to hold KPC authority that must accompany any the proof of filing citation shall include space on the rail car for cargo being export shipment of rough diamonds. the statement ‘‘AES,’’ followed by the exported. The TRN is optional for rail Rough diamonds are classified under 6- returned confirmation number provided shipments. digit Harmonized System subheadings by the AES when the transmission is (iv) Truck shipments. Report the 7102.10, 7102.21, and 7102.31. Enter the accepted, referred to as the ITN (for freight or pro bill number for truck KPC number in the license number field example, AES ITN). Items on the USML shipments. The freight or pro bill excluding the 2-digit U.S. ISO country shall meet the predeparture reporting number is the number assigned by the code. requirements in the ITAR (22 CFR parts carrier to hold space on the truck for (c) Optional data elements. (1) Seal 120 through 130). cargo being exported. The freight or pro number. The security seal number (2) Requirements for shipments filed bill number correlates to a bill of lading placed on the equipment or container. postdeparture for approved USPPIs. number, air waybill number or trip (2) Equipment number. Report the (i) If the USPPI files the EEI number for multimodal shipments. The identification number for the shipping postdeparture, only the USPPI’s EIN and TRN is optional for truck shipments. equipment, such as container or igloo the date of export are required in the

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postdeparture filing citation (e.g., (c) Exports by other methods of operators of the exporting carriers, AESPOST EIN (USPPI) mm/dd/yyyy). transportation. For exports sent other USPPIs, FPPIs, and/or authorized (ii) If the authorized agent files the than by mail or pipeline, the USPPI or agents) shall retain documents or EEI postdeparture on behalf of an the authorized agent is required to records pertaining to the shipment for approved USPPI, the filing citation will deliver the proof of filing citations, five (5) years from the date of export. include the statement ‘‘AESPOST,’’ postdeparture filing citations, AES The Department of State or other followed by the USPPI’s EIN, followed downtime filing citation, and/or regulatory agencies may have record by the filer’s identification number and exemption legends prior to exportation. keeping requirements for exports that the date of export (e.g., AESPOST EIN exceed the retention period specified in (USPPI)–EIN (Authorized agent) mm/ § 30.9 Transmitting and correcting Automated Export System information. the regulations in this part, and those dd/yyyy). requirements prevail. The CBP, (3) Exports of rough diamonds (a) The USPPI or the authorized filing Immigration and Customs Enforcement classified under Harmonized System agent is responsible for electronically subheadings 7102.10, 7102.21, and transmitting accurate export information (ICE), the Census Bureau, the BIS, and 7102.31, in accordance with the Clean as known at the time of filing in the AES other participating agencies may require Diamond Act, will require the proof of and transmitting any changes to that that EEI, shipping documents, invoices, filing citation, as stated in paragraph information as soon as they are known. orders, packing lists, and (b)(2) of this section, to be annotated on Corrections, cancellations, or correspondence, as well as any other the Kimberley Process Certificate. amendments to that information shall be relevant documents and any other (4) For goods shipped pursuant to electronically identified and transmitted information bearing upon a particular § 30.4(b)(3)(ii), the filer must provide to the AES for all required fields as soon exportation be produced at any time the following downtime filing citation: as possible after exportation. The within the 5-year time period for ‘‘AESDOWN’’ followed by the filers provisions of this paragraph relating to inspection or copying. These records EIN, shipment reference number, and the reporting of corrections, may be retained in an elected format, date of export (e.g., AESDOWN EIN cancellations, or amendments to EEI, including electronic or hard copy as (filer) shipment reference number mm/ shall not be construed as a relaxation of provided for in the applicable agency’s dd/yyyy). the requirements of the rules and regulations. Acceptance of the regulations pertaining to the preparation documents by CBP, the Census Bureau, § 30.8 Time and place for presenting proof and filing of EEI. Failure to correct the or the BIS does not relieve the USPPI or of filing citations, postdeparture filing EEI is a violation of the provisions of its authorized agent from providing citations, AES downtime filing citation, and this part. exemption legends. (b) For shipments where the USPPI or complete and accurate information at a The following conditions govern the the authorized agent has received an later time, if all requirements have not time and place to present proof of filing error message from AES, the corrections in fact been properly met. citations, postdeparture filing citations, shall take place as required. Failure to (b) Retaining Electronic Export AES downtime filing citation, and/or respond to error messages or otherwise Information. Automated Export System exemption legends. The USPPI or the transmit corrections to the AES filers shall retain a copy of their letter authorized agent is required to deliver constitutes a violation of the regulations of intent to participate in AES and a the proof of filing citations, in this part and renders such principal copy of the electronic certification postdeparture filing citations, AES party or authorized agent subject to the notice from the Census Bureau that the downtime filing citation, and/or penalties provided for in subpart H of filer’s AES account has been approved exemption legends required in § 30.4(a). this part. A fatal error message will for operational status. The Letter of See § 30.7 for instructions for properly cause the EEI to be rejected. This error formatting the proof of filing citations, Intent and certification notice shall be shall be corrected prior to exportation of retained for as long as the filer submits postdeparture filing citation, and AES goods. For EEI that generates a warning downtime filing citation. See subpart D EEI through AES. Filers using AES are message, the correction shall be made able to retrieve their AES filings. of this part for instructions on properly within four (4) calendar days of receipt AESDirect and/or AESPcLink filers shall formatting exemption legends. Failure of the original transmission. For EEI that retain a copy of the electronic of the USPPI or the authorized agent of generates a verify message, the either the USPPI or FPPI to comply with correction, when warranted, shall be certification notice and print the notice these requirements constitutes a made within four (4) calendar days. A indicating the filer has attained violation of the the regulations in this compliance alert indicates that the certification on AESDirect and/or part and renders such principal party or shipment was not reported in AESPcLink. Filers using the AESDirect the authorized agent subject to the accordance with regulation. The USPPI and/or AESPcLink are able to retrieve a penalties provided for in subpart H of or the authorized agent is required to copy of their submissions. The Census this part. review filing practices and take Bureau will maintain a database of EEI (a) Postal exports. The proof of filing whatever corrective actions are required filed in AES to ensure that all filers can citations, postdeparture filing citations, to conform with export reporting retrieve a validated record of their AES downtime filing citation, and/or requirements. submissions. The USPPI or the exemption legends for items being sent authorized agent of the USPPI or FPPI by mail, as required in § 30.2, shall be § 30.10 Authority to require production of also may request a copy of the electronic documents and retaining electronic data. presented to the postmaster with the record, or submission from the Census packages at the time of mailing. The (a) Authority to require production of Bureau, as provided for in subpart G of documents. For purposes of verifying postmaster is required to deliver the this part. proof of filing citations and/or the completeness and accuracy of the exemption legends prior to exportation. information reported as required under (b) Pipeline exports. See subpart E of § 30.6, and for other purposes under the this part for the proof of filing citation regulations in this part, all parties to the and/or exemption legend requirements. export transaction (owners and

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§§ 30.11–30.14 [Reserved] § 30.17 Customs and Border Protection which the property was transferred to regulations. GSA by the holding agency. These Subpart B—Export Control and Refer to the U.S. Department of charges include packing, rehabilitation, Licensing Requirements Homeland Security’s CBP regulations, inland freight, or drayage. The estimated § 30.15 Introduction. 19 CFR part 192, for information ‘‘fair market value’’ may be zero, or it referencing the advanced electronic may be a percentage of the original or (a) For export shipments to foreign submission of cargo information on estimated acquisition costs. (Bill of countries, the EEI is used both for exports for targeting and inspection lading, air waybill, and other statistical and for export control purposes pursuant to the Trade Act of commercial loading documents for such purposes. All parties to an export 2002. The regulations also prohibit shipments will bear the notation transaction must comply with all postdeparture filing of export ‘‘Excess Personal Property, GSA relevant export control regulations, information for certain shipments, and Regulations 1–III, 303.03.’’) including the requirements of the contain other regulatory provisions statistical regulations of this part. For affecting the reporting of EEI. The CBP’s § 30.26 Reporting of vessels, aircraft, convenience, references to provisions of regulations can be obtained from the cargo vans, and other carriers and containers. the EAR, ITAR, CBP, and OFAC U.S. Government Printing Office’s Web regulations that affect the statistical site at: http://www.gpoaccess.gov. (a) Vessels, locomotives, aircraft, rail reporting requirements of this part have cars, ferries, trucks, other vehicles, been incorporated into this part. For § 30.18 Department of State regulations. trailers, pallets, cargo vans, lift vans, or regulations and information concerning (a) The USPPI or the authorized agent similar shipping containers are not other agencies that exercise export shall file export information, when considered ‘‘shipped’’ in terms of the control and licensing authority for required, for items on the U.S. regulations in this part, when they are particular types of commodity Munitions List (USML) of the ITAR (22 moving, either loaded or empty, without shipments, a USPPI or the authorized CFR part 121). Information for items transfer of ownership or title, in their agent shall consult the appropriate identified on the USML, including those capacity as carriers of goods or as agency regulations. exported under an export license instruments of such carriers, and EEI is (b) In addition to the reporting exemption, shall be filed prior to export. not required. requirements set forth in § 30.6, further (b) Refer to the ITAR (22 CFR parts information may be required for export 120 through 130) for requirements (b) However, EEI shall be filed for control purposes by the regulations of regarding information required for such items, when moving as goods CBP, BIS, State Department, or the U.S. electronically reporting export pursuant to sale or other transfer from Postal Service under particular information for USML shipments, proof ownership in the United States to circumstances. of filing citations, and filing time ownership abroad. If a vessel, car, (c) This part requires the retention of requirements. aircraft, locomotive, rail car, vehicle, or documents or records pertaining to a (c) Department of State regulations container, whether in service or newly shipment for five (5) years from the date can be found at: http://www.state.gov. built or manufactured, is sold or of export. All records concerning license transferred to foreign ownership while exceptions or license exemptions shall § 30.19 Other Federal agency regulations. in the Customs territory of the United be retained in the format (including Other Federal agencies have States or at a port in such area, EEI shall electronic or hard copy) required by the requirements regarding the reporting of be reported in accordance with the controlling agency’s regulations. For certain types of export transactions. general requirements of the regulations information on recordkeeping retention USPPIs and/or authorized agents are in this part, identifying the port through requirements exceeding the responsible for adhering to these or from which the vessel, aircraft, requirements of this part, refer to the requirements. locomotive, rail car, car, vehicle, or container first leaves the United States regulations of the agency exercising §§ 30.20–30.24 [Reserved] export control authority for the specific after sale or transfer. If the vessel, shipment. Subpart: C—Special Provisions and aircraft, locomotive, rail car, car, (d) In accordance with the provisions Specific-Type Transactions vehicle, or shipping container is outside of subpart G of this part, information the Customs territory of the United from the EEI is used solely for official § 30.25 Values for certain types of States at the time of sale or transfer to purposes, as authorized by the Secretary transactions. foreign ownership, EEI shall be reported of Commerce, and any unauthorized use The following special procedures identifying the last port of clearance or is not permitted. govern the values to be reported for departure from the United States prior shipments of the following unusual to sale or transfer. The country of § 30.16 Export Administration Regulations types: destination to be shown in the EEI for (EAR). (a) Subsidized exports of agricultural vessels sold foreign is the country of The EAR issued by the U.S. products. Where provision is made for new ownership. The country for which Department of Commerce, BIS, also the payment to the USPPI for the the vessel clears, or the country of contain some additional reporting exportation of agricultural commodities registry of the vessel, should not be requirements pertaining to EEI (see 15 under a program of the Department of reported as the country of destination in CFR parts 730 through 774). Agriculture, the value required to be the EEI unless such country is the (a) The EAR require that export reported for EEI is the selling price paid country of new ownership. information be filed for shipments from by the foreign buyer minus the subsidy. U.S. Possessions to foreign countries or (b) General Services Administration § 30.27 Return of exported cargo to the areas. (See 15 CFR 758.1(b) and 772.1, (GSA) exports of excess personal United States prior to reaching its final destination. definition of the United States.) property. For exports of GSA excess (b) Requirements to place certain personal property, the value to be When goods reported as exported export control information in the EEI are shown in the EEI will be ‘‘fair market from the United States are not exported found in the EAR. value,’’ plus charges when applicable, at or returned without having been entered

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into a foreign destination, the filer shall value reported in the EEI shall include (4) Requiring a Department of correct or cancel the EEI. parts and labor. The value of the Commerce, BIS export license under original product shall not be included. EAR 15 CFR parts 730 through 774. § 30.28 ‘‘Split shipments’’ by air. (b) Goods that are covered under (5) Subject to the ITAR, but exempt When a shipment by air covered by a warranty. from license requirements. single EEI submission is divided by the (6) Classified as rough diamonds (1) Goods that are reexported after exporting carrier at the port of export under 6-digit Harmonized System repair under warranty shall follow the where the manifest is filed, and part of subheadings 7102.10, 7102.21, and procedures in paragraph (a) of this the shipment is exported on one aircraft 7102.31. and part on another aircraft of the same section. It is recommended that the bill carrier, the following procedures shall of lading, air waybill, or other loading § 30.37 Miscellaneous exemptions. apply: documents include the statement, ‘‘This Electronic Export Information is not (a) The carrier shall deliver the product was repaired under warranty.’’ required for the following kinds of manifest to the CBP Port Director with (2) Goods that are replaced under shipments. However, the Census Bureau the manifest covering the flight on warranty at no charge to the customer has the authority to periodically require which the first part of the split shipment shall include the statement, ‘‘Product the reporting of shipments that are is exported and shall make no changes replaced under warranty, value for EEI normally exempt from filing. to the EEI. However, the manifest shall purposes’’ on the bill of lading, air (a) Except as noted in § 30.2(a)(1)(iv), show in the ‘‘number of packages’’ waybill, or other commercial-loading exports of commodities where the value column the actual portion of the documents. Place the notation below the of the commodities shipped from one declared total quantity being carried and proof of filing citation or exemption USPPI to one consignee on a single shall carry a notation to indicate ‘‘Split legend on the commercial document. exporting carrier, classified under an Shipment.’’ All manifests with the Report the value of the replacement part individual Schedule B or HTS notation ‘‘Split Shipment’’ will have only. commodity classification code, is $2,500 or less. This exemption applies to identical ITNs. §§ 30.30–30.34 [Reserved] (b) On each subsequent manifest individual Schedule B or HTS covering a flight on which any part of Subpart D—Exemptions From the commodity classification codes a split shipment is exported, a Requirements for the Filing of regardless of the total shipment value. prominent notation ‘‘SPLIT Electronic Export Information In instances where a shipment contains SHIPMENT’’ shall be made on the a mixture of individual Schedule B or manifest for identification. On the last § 30.35 Procedure for shipments exempt HTS commodity codes valued $2,500 or shipment, the notation shall read from filing requirements. less and individual Schedule B or HTS ‘‘SPLIT SHIPMENT, FINAL.’’ Each Where an exemption from the commodity classification codes valued subsequent manifest covering a part of requirement for filing is provided in this over $2,500, only those commodity a split shipment shall also show in the subpart, a legend describing the basis classification codes valued over $2,500 ‘‘number of packages’’ column only the for the exemption shall be made on the need be reported. If the filer reports goods carried on that particular flight first page of the bill of lading, air multiple items of the same Schedule B and a reference to the total amount waybill, or other commercial loading or HTS code, this exception only originally declared for export (for document for carrier use, or on the applies if the total value of exports for example, 5 of 11, or 5/11). Immediately carrier’s outbound manifest. The the Schedule B/HTS code is $2,500 or following the line showing the portion exemption legend shall reference the less. This exemption does not apply to of the split shipment carried on that number of the section or provision in shipments requiring a license from flight, a notation will be made showing this part where the particular exemption either the Department of Commerce or the air waybill number shown in the is provided (for example, § 30.36). the Department of State or a license original EEI and the portions of the exemption for commodities controlled originally declared total carried on each § 30.36 Exemption for shipments destined under the USML. previous flight, together with the to Canada. (b) Tools of trade and their containers number and date of each such previous (a) Except as noted in § 30.2(a)(1)(iv), that are usual and reasonable kinds and flight (for example, air waybill 123; 1 of and in paragraph (b) of this section, quantities of commodities and software 2 flight 36A, June 6 SPLIT SHIPMENT; shipments originating in the United intended for use by individual USPPIs 2 of 2, flight 40X, June 6 SPLIT States where the country of ultimate or by employees or representatives of SHIPMENT, FINAL). destination is Canada are exempt from the exporting company in furthering the (c) Since the complete EEI was filed the EEI reporting requirements of this enterprises and undertakings of the for the entire shipment initially, part. USPPI abroad. Commodities and additional electronic reporting will not (b) This exemption does not apply to software eligible for this exemption are be required for these subsequent the following types of export shipments: those that do not require an export license or that are exported as tools of shipments. (1) Sent for storage in Canada, but the trade under a license exception of ultimately destined for third countries. § 30.29 Reporting of repairs and the EAR (15 CFR 740.9(a)(2)(i) and replacements. (2) Exports moving from the United 740.14(b)(4)), and are subject to the These guidelines will govern the States through Canada to a third following provisions: reporting of the following: destination shall be reported in the (1) Are owned by the individual (a) The return of goods previously same manner as for all other exports. USPPI or exporting company. imported for repair and alteration only The USPPI or authorized agent shall (2) Accompany the individual USPPI, and other returns to the foreign shipper follow the instructions as contained in employee, or representative of the of temporary imported goods (declared this part for preparing and filing the EEI. exporting company. as such on importation) shall have (3) Requiring a Department of State, (3) Are necessary and appropriate and Schedule B or HTS classification DDTC, export license under the ITAR intended for the personal and/or commodity number 9801.10.0000. The (22 CFR parts 120 through 130). business use of the individual USPPI,

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employee, or representative of the of company business records from a § 30.38 Exemption from the requirements company or business. U.S. firm to its subsidiary or affiliate. for reporting complete commodity (4) Are not for sale. This excludes highly technical plans, information. (5) Are returned to the United States correspondence, etc. that could be The following type of shipments will no later than one year from the date of licensed. require limited reporting of EEI when export. goods are shipped under a bill of lading (6) Are not shipped under a bill of (m) Shipments of pets as baggage, or an air waybill. In such cases, lading or an air waybill. accompanied or unaccompanied, of Schedule B or HTS commodity (c) Shipments from one point in the persons leaving the United States, classification codes, unit of measure, United States to another point in the including members of crews on vessels and domestic/foreign indicator shall not United States by routes passing through and aircraft. be required. Canada or Mexico. (n) Carriers’ stores, not shipped under (a) Usual and reasonable kinds and (d) Shipments from one point in a bill of lading or an air waybill quantities of wearing apparel, articles of Canada or Mexico to another point in (including goods carried in ships aboard personal adornment, toilet articles, the same country by routes through the carriers for sale to passengers), supplies, medicinal supplies, food, souvenirs, United States. and equipment for departing vessels, games, and similar personal effects and (e) Shipments, other than by vessel, of planes, or other carriers, including usual their containers. goods for which no export licenses or and reasonable kinds and quantities of (b) Usual and reasonable kinds and ITAR exemptions are required, bunker fuel, deck engine and steward quantities of furniture, household transported in bond through the United effects, household furnishings, and their department stores, provisions and States, and exported from another U.S. containers. supplies, medicinal and surgical port, or transshipped and exported (c) Usual and reasonable kinds and directly from the port of arrival. supplies, food stores, slop chest articles, quantities of vehicles, such as passenger (However, where goods are shipped and saloon stores or supplies for use or cars, station wagons, trucks, trailers, through the United States for export to consumption on board and not intended motorcycles, bicycles, tricycles, baby a third country of ultimate destination, for unlading in a foreign country, and carriages, strollers, and their containers but are first entered for consumption or including usual and reasonable kinds provided that the above-indicated for warehousing in the United States, and quantities of equipment and spare baggage, personal effects, and vehicular EEI shall be filed when the goods are parts for permanent use on the carrier property: (see 19 CFR part 192 for exported from the United States.) when necessary for proper operation of separate CBP requirements for the (f) Exports of technology and software such carrier and not intended for exportation of used self-propelled as defined in 15 CFR part 772 of the unlading in a foreign country. Hay, vehicles.) EAR that do not require an export straw, feed, and other appurtenances (1) Shall include only such articles as license are exempt from filing necessary to the care and feeding of are owned by such person or members requirements. However, EEI is required livestock while en route to a foreign of his/her immediate family; for mass-market software. For purposes destination are considered part of (2) Shall be in his possession at the of this part, mass-market software is carriers’ stores of carrying vessels, time of or prior to his/her departure defined as software that is generally trains, planes, etc. from the United States for the foreign country; available to the public by being sold at (o) Dunnage, not shipped under a bill retail selling points, or directly from the (3) Are necessary and appropriate for of lading or an air waybill, of usual and the use of such person or his/her software developer or supplier, by reasonable kinds and quantities means of over-the-counter transactions, immediate family; necessary and appropriate to stow or mail-order transactions, telephone (4) Are intended for his use or the use secure cargo on the outgoing or any transactions, or electronic mail-order of his/her immediate family; and immediate return voyage of an exporting transactions, and designed for (5) Are not intended for sale. installation by the user without further carrier, when exported solely for use as dunnage and not intended for unlading § 30.39 Special exemptions for shipments substantial technical support by the to the U.S. armed services. in a foreign country. developer or supplier. Electronic Export Information is not (g) Intangible exports of software and (p) Shipments of aircraft parts and required for any and all commodities, technology, such as downloaded equipment; food, saloon, slop chest, and whether shipped commercially or software and technical data, regardless related stores; and provisions and through government channels, of whether an export license is required, supplies for use on aircraft by a U.S. consigned to the U.S. Armed Services and mass-market software exported airline to its own installations, aircraft, for their exclusive use, including electronically. and agents abroad, under EAR license shipments to armed services exchange (h) Shipments to foreign libraries, exception (AVS) for aircraft and vessels systems. This exemption does not apply government establishments, or similar (see 15 CFR 740.15(c)). to articles that are on the USML or institutions, as provided in § 30.40(d). controlled by the ITAR and shipments (i) Shipments as authorized under (q) Electronic Export Information is not required for the following types of that are not consigned to the U.S. armed License Exception GFT for gift parcels services but are for their ultimate use. and humanitarian donations (see 15 commodities when they are not shipped CFR 740.12 of the EAR). as cargo under a bill of lading or an air § 30.40 Special exemptions for certain (j) Diplomatic pouches and their waybill and do not require an export shipments to U.S. Government agencies contents. license, but the USPPI shall be prepared and employees. (k) Human remains and to make an oral declaration to the CBP Electronic Export Information is not accompanying appropriate receptacles Port Director, when required: baggage required for the following types of and flowers. and personal effects, accompanied or shipments to U.S. Government agencies (l) Shipments of interplant unaccompanied, of persons leaving the and employees: correspondence, executed invoices and United States, including members of (a) Office furniture, office equipment, other documents, and other shipments crews on vessels and aircraft. and office supplies shipped to and for

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the exclusive use of U.S. Government bunker fuel taken aboard at that port for filing citation or exemption legend to offices. fueling use of the vessel, apart from the CBP Port Director. (b) Household goods and personal such quantities as may have been laden (d) Attachment of commercial property shipped to and for the on vessels as cargo. documents. The manifest shall carry a exclusive and personal use of U.S. (ii) Coal and fuel oil. The quantity of notation that values stated are as Government employees. coal shall be reported in metric tons presented on the bills of lading, cargo (c) Food, medicines, and related items (2240 pounds), and the quantity of fuel lists, or other commercial documents. and other commissary supplies shipped oil shall be reported in barrels of 158.98 The bills of lading, cargo lists, or other to U.S. Government offices or liters (42 gallons). Fuel oil shall be commercial forms shall be securely employees for the exclusive use of such described in such manner as to identify attached to the manifest in such manner employees, or to U.S. Government diesel oil as distinguished from other as to constitute one document. The employee cooperatives or other types of fuel oil. manifest shall reference the statement associations for subsequent sale or other (2) Aircraft. Aircraft transporting ‘‘Cargo as per bills of lading attached’’ distribution to such employees. goods shall file a complete manifest as or ‘‘Cargo as per commercial forms (d) Books, maps, charts, pamphlets, required in CBP Regulations 19 CFR attached.’’ Also required on the face of and similar articles shipped by U.S. 122.72 through 122.76. The manifest each bill of lading shall be the Government offices to U.S. or foreign shall be filed with the CBP Port Director information required by the manifest for libraries, government establishments, or at the port where the goods are laden. cargo covered by that document. similar institutions. For shipments from the United States to (e) Exempt items. For any item for §§ 30.41–30.44 [Reserved] Puerto Rico, the manifests shall be filed which EEI need not be reported by the with the CBP Port Director at the port regulations in this part, a notation on Subpart E—General Carrier and where the goods are unladed in Puerto the manifest, or an oral declaration to Manifest Requirements Rico. the CBP Port Director, shall be made by (3) Rail carriers. Rail carriers the carrier as to the basis for the § 30.45 General statement of requirement transporting goods shall file a car exemption. for the filing of carrier manifests with proof manifest with the CBP Port Director at (f) Proof of filing citations and of filing citations for the electronic exemption legends. submission of export information or the border port of export in accordance exemption legends when Automated Export with 19 CFR Part 123. (1) The exporting carrier shall not System filing is not required. (4) Carriers not required to file accept paper SEDs under any (a) Requirement for filing carrier manifests. Carriers exempted from filing circumstances nor load cargo that does manifest. Carriers transporting goods manifests under applicable CBP not have an appropriate proof of filing from the United States, Puerto Rico, or regulations are required, upon request, citation or exemption legend. (2) The exporting carrier is subject to U.S. Possessions to foreign countries; to present to the CBP Port Director, the the penalties provided for in subpart H from the United States or Puerto Rico to proof of filing citation or exemption of this part if the exporting carrier the U.S. Virgin Islands; or between the legend for each shipment. (i) Accepts paper SEDs for cargo or United States and Puerto Rico; shall not (5) Penalties. Failure of the carrier to (ii) Loads cargo without appropriate be granted clearance and shall not file a manifest as required constitutes a AES proof of filing citations or depart until complete manifests (for violation of the regulations in this part exemption legends. vessels, aircraft, and rail carriers) have and renders such carrier subject to the been delivered to the CBP Port Director penalties provided for in subpart H of § 30.46 Requirements for the filing of in accordance with all applicable this part. export information by pipeline carriers. requirements under CBP regulations. (b) Partially exported shipments. The operator of a pipeline may Each bill of lading, air waybill, or other Except as provided in paragraph (c) of transport goods to a foreign country commercial loading document shall this section, when a carrier identifies, without the prior filing of the proof of contain the appropriate AES proof of prior to filing the manifest, that a filing citation or exemption legend, on filing citations, covering all cargo for portion of the goods covered by a single the condition that within four (4) which EEI is required, or exemption EEI transaction has not been exported calendar days following the end of each legends, covering cargo for which EEI on the intended carrier, it shall be noted calendar month the operator will deliver need not be filed by the regulations of on the manifest submitted to CBP. The to the CBP Port Director the proof of this part. Such annotation shall be carrier shall notify the USPPI or the filing citations covering all exports without material change or amendment authorized agent of changes to the through the pipeline to each consignee of AES proof of filing citations or commodity data, and the USPPI or the during the month. exemption legends as provided to the authorized agent shall electronically carrier by the USPPI or its authorized transmit the corrections, cancellations, § 30.47 Clearance or departure of carriers agent. or amendments as soon as they are under bond on incomplete manifests. (1) Vessels. Vessels transporting goods known in accordance with § 30.9. (a) Except when carriers are as specified (except vessels exempted by Failure by the carrier to correct the transporting goods from the United paragraph (a)(4) of this section) shall file manifest constitutes a violation of the States to Puerto Rico, clearance or a complete manifest. Manifests may be regulations in this part, and renders the permission to depart may be granted to filed via paper or electronically through carrier subject to the penalties provided any carrier by the CBP Port Director the AES Vessel Transportation Module for in subpart H of this part. prior to the filing of a complete as provided in CBP Regulations, 19 CFR (c) ‘‘Split shipments’’ by air. When a manifest, to the extent authorized, per 4.63 and 4.76. shipment by air covered by a single EEI the bond provisions as contained in 19 (i) Bunker fuel. The manifest transmission is exported in more than CFR 4.75, 4.76, and 122.74. (including vessels taking bunker fuel to one aircraft of the carrier, the ‘‘split (b) Except as provided in 19 CFR 4.75, be laden aboard vessels on the high shipment’’ procedure provided in 4.76 and 122.74 as applicable, on the seas) clearing for foreign countries shall § 30.28 shall be followed by the carrier bond, or on a separate listing as part of show the quantities and values of in delivering manifests with the proof of the bond, a pro forma list of AES proof

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of filing citations and exemption 7501,’’ for completing the paper entry (m) Date of Importation. legends shall be shown by the departing summary documentation (CBP–7501). (n) Special Program Indicator Field. carrier. This listing may be waived by Refer to the Customs and Trade (o) Unit of Quantity. the CBP Port Director if such waiver Automated Interface Requirements for (p) CBP (dutiable) Value. does not interfere with the ability of the instructions on submitting an ABI (q) Gross (shipping) Weight. CBP Port Director to check on electronic record, or instructions for (r) Charges. performance under the bond or with completing the CBP–226 for declaring (s) U.S. Value. identifying shipments for which any equipment, repair parts, materials (t) FTZ/Subzone Number. statistical data are required. purchased, or expense for repairs (u) Zone Admission Number. incurred outside of the United States. (v) Vessel Name. §§ 30.48—30.49 [Reserved] (w) Serial number. § 30.52 Foreign Trade Zones. (x) Trade Identification. Subpart F–Import Requirements Foreign goods entering FTZs shall be (y) Admission Date. § 30.50 General requirements for filing reported as a general import. When § 30.53 Import of goods returned for import entries. goods are withdrawn from a FTZ for repair. Electronic entry filing Automated export to a foreign country, the export Import entries covering U.S. goods Broker Interface (ABI), paper import shall be reported in accordance with imported temporarily for repair or entry summaries (CBP–7501), or paper § 30.2. When goods are drawn for alteration and reexport are required to record of vessel foreign repair or domestic consumption or entry into a show the following statement: equipment purchase (CBP–226) shall be bonded warehouse, the withdrawal ‘‘Imported for Repair and Reexport’’ on completed by the importer or its shall be reported on CBP–7501 or the CBP–7501 or in the ABI entry. licensed import broker and filed directly through the ABI in accordance with CBP Whenever goods are returned to the with CBP in accordance with 19 CFR. regulations. (This section emphasizes United States after undergoing either Information on all mail and informal the reporting requirements contained in repair, alteration, or assembly under entries required for statistical and CBP CBP regulations 19 CFR part 146, HTS heading 9802, the country of origin purposes shall be reported, including ‘‘Foreign Trade Zones.’’) When foreign shall be shown as the country in which value not subject to duty. Upon request, goods enter a FTZ, the zone operator is the repair, alteration, or assembly is the importer or import broker shall required to file CBP–214, ‘‘Application performed. When the goods are for provide the Census Bureau with for Foreign Trade Zone Admission reexport and if they meet all of the information or documentation necessary and/or Status Designation.’’ Refer to the requirements for filing EEI, file to verify the accuracy of the reported CBP Web site for instructions on according to the instructions provided information, or to resolve problems completing the CBP–214. Per 19 CFR in § 30.2, except for the following data regarding the reported import 146.32(a), the applicant for admission items: transaction received by the Census shall present the CBP–214 to the Port (a) Value. Report the value of the Bureau. Director and shall include the statistical repairs, including parts and labor. Do (a) Import information for statistical (pink) copy, CBP–214(A), for transmittal not report the value of the original purposes shall be filed for goods to the Census Bureau, unless the product. If goods are repaired under shipped as follows: applicant makes arrangements for the (1) Entering the United States from electronic transmission of statistical warranty, at no charge to the customer, foreign countries. information to the Census Bureau report the cost to repair as if the (2) Admitted to U.S. FTZs. through the AFTZRP. Companies customer is being charged. (3) From the U.S. Virgin Islands. operating in FTZs interested in (b) HTS Classification Code. Report (4) From other non-foreign areas reporting CBP–214 statistical HTS commodity classification code, (except Puerto Rico). information electronically on a monthly 9801.10.0000 for goods re-exported after (b) Sources for collecting import basis shall apply directly to the Census repair. statistics include the following: Bureau. Monthly electronic reports shall § 30.54 Special provisions for imports (1) CBP’s ABI Program (see 19 CFR, be filed with the Census Bureau no later from Canada. subpart A, part 143). than the tenth calendar day of the (a) When certain softwood lumber (2) CBP–7501 paper entry summaries month following the report month. products described under Harmonized required for individual transactions (see Participation in the Census Bureau Tariff Schedule of the United States 19 CFR, subpart B, part 142). program does not relieve companies of (HTSUS) subheadings 4407.1000, (3) CBP–226, Record of Vessel Foreign the responsibility to file the CBP–214 4409.1010, 4409.1090, and 4409.1020 Repair or Equipment Purchase (see 19 with CBP. The following data items are are imported from Canada, import entry CFR 4.7 and 4.14). required to be filed, in the AFTZRP, for records are required to show a valid (4) CBP–214, Application for Foreign statistical purposes (Use the instructions Canadian Province of Manufacture Trade Zone Admission and definitions provided in 19 CFR part Code. The Canadian Province of and/or Status Designation (Statistical 146 for completing these fields.): Manufacture is determined on a first copy). (a) HTS Classification Code. (5) Automated Foreign Trade Zone (b) Country of Origin. mill basis (the point at which the item Reporting Program (AFTZRP). (c) Country Sub-code. was first manufactured into a covered (d) U.S. Port of Entry. lumber product). For purposes of § 30.51 Statistical information required for (e) U.S. Port of Unlading. determination, Province of Manufacture import entries. (f) Transaction Type. is the first province where the subject The information required for (g) Statistical Month. goods underwent a change in tariff statistical purposes is, in most cases, (h) Mode of Transportation. classification to the tariff classes cited in also required by CBP regulations for (i) Company Authorization Symbol. this paragraph. The Province of other purposes. Refer to CBP Web site (j) Carrier Code. Manufacture Code should replace the at http://www.cbp.gov to download (k) Foreign Port of Lading. Country of Origin code on the CBP– ‘‘Instructions for Preparation of CBP– (l) Date of Exportation. 7501, Entry Summary form. For

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electronic ABI entry summaries, the file with the Census Bureau are treated or the FPPI, or the transporting carrier Canadian Province Code should be as confidential and will not be released (the parties). Such disclosure shall be transmitted in positions 6–7 of the A40 without authorization by CBP, in limited to that information provided to records. These requirements apply only accordance with 19 CFR 103.5 relating the AES by each party. for imports of certain soft lumber to the copies on file in CBP offices. The (b) Penalties. Disclosure of products for which the Country of importer or import broker must provide confidentiality of EEI by any officer, Origin is Canada. the Census Bureau with information or employee, contractor, or agent of the (b) All other imports from Canada, documentation necessary to verify the Federal Government except as provided including certain softwood lumber accuracy or resolve problems regarding for in paragraphs (a) and (f) of this products not covered in paragraph (a) of the reported import transaction. section renders such persons subject to this section, will require the two-letter (a) The basic responsibility for the penalties provided for in subpart H designation of the Canadian Province of obtaining and providing the information of this part. Origin to be reported on U.S. entry required by the general statistical (c) Supplying EEI for official summary records. This information is headnotes of the HTS rests with the purposes. The EEI may be supplied to required only for U.S. imports that person filing the import entry. This is federal agencies for official purposes, under applicable CBP rules of origin are provided for in section 484(a) of the defined to include, but not limited to: determined to originate in Canada. For Tariff Act, 19 CFR 141.61(e) of CBP (1) Verification of export shipments nonmanufactured goods determined to regulations, and § 30.50 of this subpart. for export control and compliance be of Canadian origin, the Province of Authority can also be found in CBP purposes; Origin is defined as the Province where Regulations 19 CFR 141.61(a) which (2) Providing proof of export; and the exported goods were originally require that the entry summary data (3) Compliance and audit purposes by grown, mined, or otherwise produced. clearly set forth all information the USPPI, FPPI, agents of USPPI and For goods of Canadian origin that are required. FPPI, and carriers. Such disclosure shall manufactured or assembled in Canada, (b) 19 CFR 141.61(e) of the CBP be limited to that information provided with the exception of the certain regulations provides that penalty to the AES by each party. Official softwood lumber products described in procedures relating to erroneous purposes shall also include those paragraph (a) of this section, the statistical information shall not be determined to be in the national interest Province of Origin is that in which the invoked against any person who pursuant to Title 13 U.S.C., Section final manufacture or assembly is attempts to comply with the statistical 301(g) and paragraph (e) of this section. performed prior to exporting that good requirements of the General Statistical (d) Supplying EEI for non-official to the United States. In cases where the Notes of the HTS. However, in those purposes. The EEI shall not be disclosed province in which the goods were instances where there is evidence that by the USPPI or the authorized agent or manufactured, assembled, grown, statistical suffixes are misstated to avoid representative of the USPPI or mined, or otherwise produced is quota action, or a misstatement of facts authorized agent for non-official unknown, the province in which the is made to avoid import controls or purposes, defined to include, but not Canadian vendor is located can be restrictions related to specific limited to: reported. For those reporting on paper commodities, the importer or its (1) Claims for exemption from Federal forms the Province of Origin code licensed broker should be aware that the internal revenue tax or state taxes; (2) Use by the IRS for purposes not replaces the country of origin code on appropriate actions will be taken under related to export control or compliance; the CBP–7501, Entry Summary form. 19 U.S.C. 1592, as amended. (3) Use by state and local government (c) All electronic ABI entry §§ 30.56–30.59 [Reserved] agencies, and non-governmental summaries for imports originating in entities; and Canada also required the new Canadian Subpart G—General Administrative (4) Use by foreign governments. Provisions Province of Origin code to be (e) Copying of information to transmitted for each entry summary line § 30.60 Confidentiality of Electronic Export manifests. Because the ocean manifest item in the A40 record positions 6–7. Information. can be made public under provision of (d) The Province of Origin code CBP regulations, no information from replaces the Country of Origin code only (a) Confidential status. The EEI the EEI, except the ITN, proof of filing for imports that have been determined, contained in the AES is confidential, to citation or exemption legend, shall be under applicable CBP rules, to originate be used solely for official purposes as copied to the outward manifest of ocean in Canada. Valid Canadian Province/ authorized by the Secretary of carriers. Territory codes are: Commerce. The collection of EEI by the Department of Commerce has been (f) Determination by the Secretary of XA—Alberta approved by the Office of Management Commerce. Under Title 13, U.S.C., XB—New Brunswick Chapter 9, Section 301(g), the EEI is XC—British Columbia and Budget. The information collected XM—Manitoba is used by the Census Bureau for exempt from public disclosure unless XN—Nova Scotia statistical purposes only and by the BIS the Secretary or delegate determines XO—Ontario of the Department of Commerce for that such exemption would be contrary XP—Prince Edward Island export control purposes. In addition, to the national interest. The Secretary or XQ—Quebec EEI is used by other Federal agencies his or her delegate may make such XS—Saskatchewan such as the Department of State and information available, if he or she XT—Northwest Territories CBP for export control. Except as determines it is in the national interest, XV—Nunavut taking such safeguards and precautions XW—Newfoundland provided for in paragraph (f) of this XY—Yukon section, information reported through to limit dissemination as deemed the AES shall not be disclosed to appropriate under the circumstances. In § 30.55 Confidential information, import anyone by any officer, employee, recommendations or decisions regarding entries, and withdrawals. contractor, or agent of the federal such actions, it shall be presumed to be The contents of the statistical copies government other than to the USPPI, contrary to the national interest to of import entries and withdrawals on FPPI, the authorized agent of the USPPI provide EEI for purposes set forth in

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paragraph (d) of this section. In requirements also are involved, the USPPIs, authorized agents or carriers, determining whether, under a particular concurrence of the regulatory agency who knowingly fails to file or set of circumstances, it is contrary to the and CBP also will be obtained. knowingly submits, directly or national interest to apply the indirectly, to the U.S. Government, false exemption, the maintenance of § 30.63 Office of Management and Budget or misleading export information control numbers assigned pursuant to the confidentiality and national security Paperwork Reduction Act. through the AES, shall be subject to a shall be considered as important fine not to exceed $10,000 or elements of national interest. (a) Purpose. This subpart will comply imprisonment for not more than five (5) with the requirements of the Paperwork years, or both, for each violation. § 30.61 Statistical classification schedules. Reduction Act (PRA), 44 U.S.C. 3507(f), (2) Furtherance of illegal activities. which requires that agencies display a The following statistical classification Any person, including USPPIs, current control number assigned by the schedules are referenced in this part. authorized agents or carriers, who Director of OMB for each agency These schedules, except as noted, may knowingly reports, directly or information collection requirement. be accessed through the Census indirectly, to the U.S. Government any (b) Display. Bureau’s Web site at: http:// information through or otherwise uses www.census.gov/trade. the AES to further any illegal activity (a) Schedule B: Statistical 15 CFR section where Current OMB identified and described control no. shall be subject to a fine not to exceed Classification for Domestic and Foreign $10,000 or imprisonment for not more Commodities Exported from the United 30.1 through 30.99 ...... 0607–0152 than five (5) years or both for each States shows the detailed commodity violation. classification requirements and 10-digit §§ 30.64–30.69 [Reserved] (3) Forfeiture penalties. Any person statistical reporting numbers to be used who is convicted under this subpart in preparing EEI, as required by the Subpart H—Penalties shall, in addition to any other penalty, regulations in this part. be subject to forfeiting to the United (b) Harmonized Tariff Schedules of § 30.70 Violation of the Clean Diamond Trade Act. States: the United States Annotated for (i) Any of that person’s interest in, Public Law 108–19, the Clean Statistical Reporting shows the 10-digit security of, claim against, or property or Diamond Trade Act (the Act), section statistical reporting number to be used contractual rights of any kind in the 8(c), authorizes CBP and the Bureau of in preparing import entries and goods or tangible items that were the Immigration and Customs Enforcement withdrawal forms. (Note: This site is subject of the violation. (ICE), as appropriate, to enforce the laws maintained by the United States (ii) Any of that person’s interest in, and regulations governing exports of International Trade Commission security of, claim against, or property or rough diamonds, including those with (USITC) at http://www.usitc.gov.) contractual rights of any kind in (c) Schedule C—Classification of respect to the validation of the tangible property that was used in the Country and Territory Designations for Kimberley Process Certificate by the export or attempt to export that was the U.S. Foreign Trade Statistics. exporting authority. The Treasury subject of the violation. (d) Schedule D—Classification of CBP Department’s OFAC also has (iii) Any of that person’s property Districts and Ports for U.S. Foreign enforcement authority pursuant to constituting, or derived from, any Trade Statistics. section 5(a) of the Clean Diamond Trade proceeds obtained directly or indirectly (e) Schedule K—Classification of Act (the Act), Executive Order 13312, as a result of this violation. Foreign Ports by Geographic Trade Area and Rough Diamonds Control (4) Exemption. The criminal fines and Country. (Note: This site is Regulations (31 CFR part 592). CBP, ICE, provided for in this subpart are exempt maintained by the Army Corps of and OFAC, pursuant to section 5(a) of from the provisions of section 3571 of Engineers.) the Act, are further authorized to Title 18, U.S.C. (f) International Air Transport enforce provisions of section 8(a) of the Association (IATA)—Code of the carrier Act, that provide for the following civil (b) Civil penalties. (1) Filing false/ for air shipments. These are the 2-digit and criminal penalties: misleading information, failure to file, or 3-digit air carrier codes to be used in (a) Civil penalties. A civil penalty not furtherance of illegal activities, delayed reporting EEI, as required by the to exceed $10,000 may be imposed on filing violations. A civil penalty not to regulations in this part. any person who violates, or attempts to exceed $1,000 for each day’s (g) Standard Carrier Alpha Code violate, any order or regulation issued delinquency beyond the applicable (SCAC)—Classification of the carrier for under the Act. period prescribed in § 30.4, but not vessel, rail and truck shipments, (b) Criminal penalties. For the willful more than $10,000 per violation, may be showing the 4-character code necessary violation or attempted violation of any imposed for failure to file information or to prepare EEI, as required by the license, order, or regulation issued reports in connection with the regulations in this part. (Note: This site under the Act, a fine not to exceed exportation or transportation of cargo. is maintained by the National Motor $50,000, shall be imposed upon (2) Penalties for other violations. A Freight Traffic Association at http:// conviction, or; civil penalty not to exceed $10,000 per www.nmfta.org.) (1) If a natural person, imprisoned for violation may be imposed for each not more than ten (10) years, or both; violation of provisions of this part other § 30.62 Emergency exceptions. (2) If an officer, director, or agent of than any violation encompassed by The Census Bureau and CBP may any corporation, imprisoned for not paragraph (b)(1) of this section. Such jointly authorize the postponement of or more than 10 years, or both. penalty may be in addition to any other exceptions to the requirements of the penalty imposed by law. regulations in this part as warranted by § 30.71 False or fraudulent reporting on or (3) Forfeiture penalties. In addition to the circumstances in individual cases of misuse of the Automated Export System. any other civil penalties specified in emergency where strict enforcement of (a) Criminal penalties. (1) Failure to this section, any property involved in a the regulations would create a hardship. file; submission of false or misleading violation may be subject to forfeiture In cases where export control information. Any person, including under applicable law.

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§ 30.72 Civil penalty procedures. § 30.73 Enforcement. 2. Company Contact Person, Phone Number, Fax Number, E-mail Address. (a) General. Whenever a civil penalty (a) Department of Commerce. The BIS’s Office of Export Enforcement 3. Technical Contact Person, Phone is sought for a violation of this part, the Number, Fax Number, E-mail Address. charged party is entitled to receive a (OEE) may conduct investigations 4. Corporate Office Address, City, State, formal complaint specifying the charges pursuant to this part. In conducting Postal Code. and, at his or her request, to contest the investigations, OEE may, to the extent 5. Type of Business—USPPI, Authorized charges in a hearing before an necessary or appropriate to the Agent/Broker, Ocean Carrier, Software administrative law judge. Any such enforcement of this part, exercise such Vendor, Service Center, etc. (Indicate all that hearing shall be conducted in authorities as are conferred upon OEE apply). accordance with sections 556 and 557 of by other laws of the United States, (i) Authorized Agents/Brokers, indicate the number of USPPIs for which export Title 5, U.S.C. subject to policies and procedures approved by the Attorney General. information is filed. (b) Commencement of civil actions. If (ii) USPPIs, indicate whether you applied any person fails to pay a civil penalty (b) Department of Homeland Security. for AES predeparture and/or postdeparture imposed under this subpart, the The ICE and CBP may enforce the filing (only USPPIs can apply for Secretary may request the Attorney provisions of this part or conduct postdeparture filing). General to commence a civil action in investigations under this part. 6. Identify the filing type sought: Predeparture, Postdeparture filing, or BOTH an appropriate district court of the §§ 30.74–30.99 [Reserved] United States to recover the amount (Note: Only USPPIs can apply for postdeparture filing). imposed (plus interest at currently Appendix A to Part 30—Format for the Letter of Intent, Automated Export If applying for postdeparture filing, state/ prevailing rates from the date of the identify the reason for the request. final order). No such action may be System 7. Filer Code—EIN, SSN, or DUNS commenced more than five (5) years The first requirement for approval/ (Indicate all that apply). after the date the order imposing the certification to file in the AES is to submit 8. Description of products exported and 6- civil penalty becomes final. In such an electronic Letter of Intent (LOI). The LOI digit Schedule B/HTS number(s). Only the 6- action, the validity, amount, and is a statement of a company’s desire to digit Schedule B/HTS number(s) identified appropriateness of such penalty shall participate in the AES. It shall set forth a will be approved for use in postdeparture not be subject to review. commitment to develop, maintain, and filing. adhere to CBP and Census performance (i) Indicate seasonal product(s). (c) Remission and mitigation. Any requirements and operations standards. Once (ii) Identify why the product is seasonal. penalties imposed under § 30.71(b)(1) the LOI is received, a CBP Client 9. Types of Licenses or Permits. and (b)(2) may be remitted or mitigated, Representative and a U.S. Census Bureau 10. U.S. Ports of Export Expected to be if: Client Representative will be assigned to the Utilized. (1) The penalties were incurred company. Census will forward additional 11. Average Monthly Number of Export Shipments requiring the filing of EEI. without willful negligence or fraud; or information to prepare the company for participation in the AES. 12. Average Monthly Value of Export (2) Other circumstances exist that The AES postdeparture filing privilege Shipments requiring the filing of EEI. justify a remission or mitigation. allows a USPPI approved to file 13. Software Vendor Name, Contact, and (d) Applicable law for delegated postdeparture (an approved USPPI) or an Phone Number (if using vendor provided function. If, pursuant to Title 13, U.S.C., authorized agent filing on behalf of an software). section 306, the Secretary delegates approved USPPI to submit complete export 14. Modes of Transportation used for export shipments (Air, Vessel, Truck, Rail, functions addressed in this part to data at any time prior to or within ten (10) calendar days after the date of exportation. etc.). another agency, the provisions of law of Applicants will be reviewed by several 15. The following self-certification that agency relating to penalty government agencies prior to acceptance for statement, signed by an officer of the assessment, remission or mitigation of the postdeparture filing. Failure to provide company: ‘‘I, lll representing or on behalf such penalties, collection of such complete and accurate information will be of, (COMPANY NAME) certify that all penalties, and limitations of action and grounds for rejecting the LOI for the statements made and all information compromise of claims shall apply. postdeparture filing option. Incomplete or provided herein are true and correct. I understand that civil and criminal penalties (e) Deposit of payments in General inaccurate information on the LOI for the predeparture filing status will be returned may be imposed for making false or Fund of the Treasury. Any amount paid without action to the organization filing the fraudulent statements herein, failing to in satisfaction of a civil penalty imposed application. provide the requested information or for under this subpart shall be deposited The LOIs shall include all of the following: violation of U.S. laws on exportation (13 into the general fund of the Treasury, 1. Company Name, Address (no P.O. U.S.C. 305; 18 U.S.C. 1001).’’ and credited as miscellaneous receipts. boxes), City, State, Postal Code. BILLING CODE 3510–07–P

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Dated: February 10, 2005. Charles Louis Kincannon, Director, Bureau of the Census. [FR Doc. 05–2926 Filed 2–16–05; 8:45 am] BILLING CODE 3510–07–C

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Reader Aids Federal Register Vol. 70, No. 32 Thursday, February 17, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. 93...... 6083 Presidential Documents 3 CFR 94...... 5043, 6083 Executive orders and proclamations 741–6000 Proclamations: 95...... 6083 The United States Government Manual 741–6000 6641 (see Proc. 96...... 6083 7870) ...... 7611 327...... 6554 Other Services 7866...... 6545 Electronic and on-line services (voice) 741–6020 7867...... 6547 10 CFR Privacy Act Compilation 741–6064 7868...... 6995 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 7869...... 6997 2...... 7196 TTY for the deaf-and-hard-of-hearing 741–6086 7870...... 7611 30...... 7196 Administrative Orders: 40...... 7196 ELECTRONIC RESEARCH Memorandums: 50...... 7196 Memorandum of World Wide Web 52...... 7196 February 9, 2005 ...... 7631 60...... 7196 Full text of the daily Federal Register, CFR and other publications Presidential 63...... 7196 is located at: http://www.gpoaccess.gov/nara/index.html Determinations: 70...... 7196 Federal Register information and research tools, including Public No. 2005-19 of 71...... 7196 Inspection List, indexes, and links to GPO Access are located at: January 27, 2005 ...... 6549 72...... 7196 73...... 7196 http://www.archives.gov/federallregister/ 5 CFR 76...... 7196 E-mail 5501...... 5543 150...... 7196 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 5502...... 5543 431...... 7673 an open e-mail service that provides subscribers with a digital Ch. XCVII...... 5272 490...... 7442 form of the Federal Register Table of Contents. The digital form 9701...... 5272 of the Federal Register Table of Contents includes HTML and Proposed Rules: 11 CFR PDF links to the full text of each document. Ch. LXXXI...... 7192 110...... 5565 To join or leave, go to http://listserv.access.gpo.gov and select Ch. XCIX...... 7552 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 9901...... 7552 109...... 5382 300...... 5382, 5385 (or change settings); then follow the instructions. 7 CFR PENS (Public Law Electronic Notification Service) is an e-mail 272...... 6313 12 CFR service that notifies subscribers of recently enacted laws. 275...... 6313 30...... 6329 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 301...... 7379 201...... 6763 and select Join or leave the list (or change settings); then follow 319...... 6999 229...... 7379 the instructions. 770...... 7165 271...... 7839 FEDREGTOC-L and PENS are mailing lists only. We cannot 905...... 5915 272...... 7839 respond to specific inquiries. 923...... 6999 281...... 7839 929...... 7633 Proposed Rules: Reference questions. Send questions and comments about the 930...... 7645 Ch. I ...... 5571 Federal Register system to: [email protected] 932...... 6323 Ch. II ...... 5571 The Federal Register staff cannot interpret specific documents or 984...... 7002 Ch. III ...... 5571 regulations. 989...... 6326 Ch. IV...... 5571 1260...... 7004 Ch. VII...... 5946 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 1463...... 7007 1700...... 5349 13 CFR 5043–5348...... 1 1709...... 5349 125...... 5568 1944...... 7650 5349–5542...... 2 14 CFR 5543–5914...... 3 3550...... 6551 5915–6312...... 4 Proposed Rules: 25...... 7800 170...... 8040 39 ...... 5361, 5365, 5367, 5515, 6313–6550...... 7 300...... 6596 5917, 5920, 7014, 7016, 6551–6762...... 8 301...... 6596 7017, 7167, 7174, 7381, 6763–6994...... 9 923...... 6598 7382, 7384, 7386, 7389, 6995–7164...... 10 946...... 7437 7390, 7841, 7845, 7847, 7165–7378...... 11 993...... 5944 7851, 8021, 8025, 8028 7379–7632...... 14 1033...... 8043 71 ...... 5370, 6334, 6335, 6336, 7633–7838...... 15 1700...... 5382 7020, 7021, 7392 7839–8020...... 16 1709...... 5382 95...... 6337, 7358 8021–8228...... 17 97...... 6338 9 CFR 119...... 5518, 7392 53...... 6553 121...... 5518 71...... 6553 129...... 5518 78...... 7839 135...... 5518

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183...... 5518 602...... 7396 52 ...... 5377, 5927, 5928, 6352, 47 CFR 234...... 7392 Proposed Rules: 6591, 7024, 7038, 7041, 0...... 6593 Proposed Rules: 1...... 5948 7407, 7657 1...... 6771 21...... 7830 63...... 6355, 6930 2...... 6771 27 CFR 81 ...... 5057, 6361, 6591 25...... 6598 15...... 6771 180 .....7854, 7861, 7864, 7870, 39 ...... 5064, 5066, 5070, 5073, Proposed Rules: 22...... 6761 5076, 5078, 5081, 5387, 9 ...... 5393, 5397, 6792 7876, 7886, 7895 239...... 7658 25...... 6771 5390, 6782, 6786, 7052, 54...... 6365 7056, 7057, 7059, 7061, 28 CFR 258...... 7658 271...... 6765 64...... 8034 7063, 7217, 7443, 7446, Proposed Rules: 73 ...... 5380, 5381, 7189 7674, 7676, 7678, 7681, 180...... 7044, 7177 904...... 8048 76...... 6593 7683, 7687, 7689, 7691, 300...... 5930, 7182 907...... 8050 90...... 6758, 6761 7693, 7695, 7697, 7700 442...... 5058 301...... 6776 71 ...... 6376, 6378, 6379, 6381, 29 CFR Proposed Rules: Proposed Rules: 6601 4022...... 7651 51...... 5593 54...... 6390 91...... 7830 4044...... 7651 52 ...... 5085, 5399, 6387, 6796, 7069, 7455, 7904 73 ...... 7219, 7220, 7221, 8054 241...... 8140 Proposed Rules: 249...... 8140 63...... 6388, 6974 2520...... 6306 70...... 7905 375...... 6382 48 CFR 30 CFR 71...... 7905 15 CFR 81...... 7081 219...... 6373 250...... 7401 122...... 5093 225...... 6374 902...... 7022 926...... 8002 136...... 7909 229...... 6375 Proposed Rules: 948...... 6575 141...... 7909 Ch. 12 ...... 6506 30...... 8200 Proposed Rules: 155...... 5400 Proposed Rules: 922...... 7902 250...... 7451 180...... 7912 250...... 6393 913...... 6602 261...... 6811 17 CFR 915...... 6606 271...... 6819 1...... 5923, 7549 300 ...... 5949, 7455, 7708 49 CFR 155...... 5923, 7549 31 CFR 442...... 5100 1...... 7669 201...... 7606 50...... 7403 173...... 7670 41 CFR 228...... 6556 214...... 7047 229...... 6556 33 CFR Ch. 301 ...... 5932 303...... 7411 232...... 6556, 6573 100...... 5045 42 CFR 555...... 7414 240...... 6556 117 .....5048, 6345, 7024, 7405, 567...... 7414 249...... 6556 7653 Proposed Rules: 568...... 7414 400...... 6184 270...... 6556 165 .....5045, 5048, 5050, 6347, 571...... 6777, 7414 Proposed Rules: 6349, 7653, 7655 405...... 6140, 6184 410...... 6184 1562...... 7150 1...... 5577 Proposed Rules: 412...... 5724, 6184 Proposed Rules: 100...... 7702 18 CFR 413...... 6086, 6184 173...... 7072 165...... 5083, 7065 414...... 6184 385...... 5957 157...... 6340 167...... 7067 423...... 6256 390...... 5957 20 CFR 36 CFR 441...... 6086 395...... 5957 482...... 6140 571...... 7222 416...... 6340 Proposed Rules: 486...... 6086 605...... 5600 1253...... 6386 21 CFR 488...... 6140, 6184 37 CFR 494...... 6184 50 CFR 172...... 8032 498...... 6086 173...... 7394 1...... 5053 17...... 8037 522...... 6764 202...... 7177 44 CFR 229...... 6779 1310...... 5925 64...... 6364 622 ...... 5061, 5569, 8037 38 CFR 1313...... 5925 65...... 5933, 5936 648...... 7050, 7190 Proposed Rules: 17...... 5926 67 ...... 5937, 5938, 5942 660...... 7022 1308...... 7449 Proposed Rules: 679 ...... 5062, 6781, 7900, 7901 39 CFR 67 ...... 5949, 5953, 5954, 5956 Proposed Rules: 22 CFR 111...... 5055 17 ...... 5101, 5117, 5123, 5401, 22...... 5372 551...... 6764 46 CFR 5404, 5959, 6819, 7459 41...... 7853 Proposed Rules: 501...... 7659 21...... 6978 3001...... 7704 502...... 7659 226...... 6394 26 CFR 515...... 7659 300...... 6395 1...... 5044, 7176 40 CFR Proposed Rules: 622...... 5128 301...... 7396 9...... 6351 381...... 7458 648...... 6608

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REMINDERS Slaughterers of young comments until further until further notice; The items in this list were calves; hazard analysis notice; published 10-1-03 published 12-7-04 [FR editorially compiled as an aid and critical control point [FR 03-24818] 04-26817] to Federal Register users. (HACCP) system; ENVIRONMENTAL Water pollution; effluent Inclusion or exclusion from reassessment; comments PROTECTION AGENCY guidelines for point source due by 2-22-05; published this list has no legal Air pollutants, hazardous; categories: 12-23-04 [FR 04-28083] significance. national emission standards: Meat and poultry products COMMERCE DEPARTMENT processing facilities; Open Test methods; Method 301 for comments until further National Oceanic and for field validation of RULES GOING INTO notice; published 9-8-04 Atmospheric Administration pollutant measurement [FR 04-12017] EFFECT FEBRUARY 17, Fishery conservation and methods from various 2005 management: waste media; comments FEDERAL Northeastern United States due by 2-22-05; published COMMUNICATIONS COMMERCE DEPARTMENT fisheries— 12-22-04 [FR 04-27985] COMMISSION National Oceanic and Atlantic bluefish; Air quality implementation Common carrier services: Atmospheric Administration comments due by 2-23- plans; approval and Interconnection— Fishery conservation and 05; published 2-8-05 promulgation; various Incumbent local exchange management: [FR 05-02442] States: carriers unbounding Northeastern United States COURT SERVICES AND District of Columbia, obligations; local fisheries— OFFENDER SUPERVISION Maryland, and Virginia; competition provisions; Atlantic sea scallop and AGENCY FOR THE comments due by 2-25- wireline services northeast multispecies; DISTRICT OF COLUMBIA 05; published 2-16-05 [FR offering advanced published 1-18-05 Semi-annual agenda; Open for 05-02987] telecommunications comments until further Maine; comments due by 2- capability; Open for ENVIRONMENTAL comments until further PROTECTION AGENCY notice; published 12-22-03 23-05; published 1-24-05 [FR 03-25121] [FR 05-01246] notice; published 12-29- Water pollution control: 04 [FR 04-28531] DEFENSE DEPARTMENT South Carolina; comments Ocean dumping; designation HEALTH AND HUMAN of sites— Army Department due by 2-25-05; published 1-26-05 [FR 05-01373] SERVICES DEPARTMENT Palm Beach and Port Law enforcement and criminal investigations: Air quality planning purposes; Food and Drug Everglades Harbor, FL; Administration published 1-18-05 Motor vehicle traffic designation of areas: supervision; comments Reports and guidance HEALTH AND HUMAN Nevada; comments due by due by 2-22-05; published documents; availability, etc.: SERVICES DEPARTMENT 2-22-05; published 1-21- 12-21-04 [FR 04-27568] 05 [FR 05-01118] Evaluating safety of Food and Drug antimicrobial new animal DEFENSE DEPARTMENT Environmental statements; Administration drugs with regard to their availability, etc.: Food additives: Acquisition regulations: microbiological effects on Coastal nonpoint pollution Direct food additives— Pilot Mentor-Protege bacteria of human health Program; Open for control program— concern; Open for Acacia (gum arabic); comments until further published 2-17-05 Minnesota and Texas; comments until further notice; published 12-15-04 Open for comments notice; published 10-27-03 [FR 04-27351] until further notice; [FR 03-27113] COMMENTS DUE NEXT ENERGY DEPARTMENT published 10-16-03 [FR Medical devices— WEEK Meetings: 03-26087] Dental noble metal alloys Environmental Management Hazardous waste: and base metal alloys; AGRICULTURE Site-Specific Advisory Project XL Program; site- Class II special DEPARTMENT Board— specific projects— controls; Open for Agricultural Marketing Oak Ridge Reservation, New York State public comments until further Service TN; Open for comments utilities; comments due notice; published 8-23- Cotton classing, testing and until further notice; by 2-24-05; published 04 [FR 04-19179] standards: published 11-19-04 [FR 1-25-05 [FR 05-00822] HOMELAND SECURITY Classification services to 04-25693] Pesticides; tolerances in food, DEPARTMENT growers; 2004 user fees; ENERGY DEPARTMENT animal feeds, and raw Coast Guard Open for comments until Energy Efficiency and agricultural commodities: Anchorage regulations: further notice; published Renewable Energy Office Bacillus pumilus GB34; Maryland; Open for 5-28-04 [FR 04-12138] Commercial and industrial comments due by 2-22- comments until further Hazelnuts grown in — equipment; energy efficiency 05; published 12-22-04 notice; published 1-14-04 Oregon and Washington; program: [FR 04-27982] [FR 04-00749] comments due by 2-22- Test procedures and Toxic substances: HOUSING AND URBAN 05; published 12-21-04 efficiency standards— Chemical inventory update DEVELOPMENT [FR 04-27907] Commercial packaged reporting; comments due DEPARTMENT Oranges, grapefruit, boilers; Open for by 2-25-05; published 1- Grants: tangerines, and tangelos comments until further 26-05 [FR 05-01380] Housing Counseling grown in— notice; published 10-21- Water pollution control: Program; comments due 04 [FR 04-17730] Florida; comments due by National Pollutant Discharge by 2-22-05; published 12- 2-22-05; published 12-22- ENERGY DEPARTMENT Elimination System— 23-04 [FR 04-28049] 04 [FR 04-27892] Federal Energy Regulatory Concentrated animal Mortgage and loan insurance AGRICULTURE Commission feeding operations in program: DEPARTMENT Electric rate and corporate New Mexico and Single Family Mortgage Food Safety and Inspection regulation filings: Oklahoma; general Insurance Program— Service Virginia Electric & Power permit for discharges; Default reporting period; Meat and poultry inspection: Co. et al.; Open for Open for comments comments due by 2-22-

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05; published 1-21-05 STATE DEPARTMENT TRANSPORTATION current session of Congress [FR 05-01046] Acquisition regulations: DEPARTMENT which have become Federal Mortgage and loan insurance Miscellaneous amendments; Federal Motor Carrier Safety laws. It may be used in programs: comments due by 2-22- Administration conjunction with ‘‘PLUS’’ Single family mortgage 05; published 12-22-04 Motor carrier safety standards: (Public Laws Update Service) insurance— [FR 04-27990] Household goods brokers; on 202–741–6043. This list is also available online at http:// Property flipping motor vehicle OFFICE OF UNITED STATES www.archives.gov/ prohibition and sales transportation regulations; TRADE REPRESENTATIVE federal register/public laws/ time restriction comment request; — — Trade Representative, Office public—laws.html. exemptions; comments of United States comments due by 2-22- due by 2-22-05; 05; published 12-22-04 Generalized System of published 12-23-04 [FR [FR 04-27933] A cumulative List of Public Preferences: Laws for the second session 04-28050] TRANSPORTATION 2003 Annual Product of the 108th Congress will INTERIOR DEPARTMENT DEPARTMENT Review, 2002 Annual appear in the issue of January Fish and Wildlife Service Country Practices Review, National Highway Traffic 31, 2005. Endangered and threatened and previously deferred Safety Administration species permit applications product decisions; Motor vehicle safety The text of laws is not Recovery plans— petitions disposition; Open standards: published in the Federal Register but may be ordered Paiute cutthroat trout; for comments until further Platform lift systems for notice; published 7-6-04 accessible vehicles and in ‘‘slip law’’ (individual Open for comments pamphlet) form from the until further notice; [FR 04-15361] platform lift installations on vehicles; comments Superintendent of Documents, published 9-10-04 [FR TRANSPORTATION due by 2-22-05; published U.S. Government Printing 04-20517] DEPARTMENT 12-23-04 [FR 04-28085] Office, Washington, DC 20402 LIBRARY OF CONGRESS Federal Aviation (phone, 202–512–1808). The TRANSPORTATION Copyright Office, Library of Administration text will also be made DEPARTMENT Congress Airworthiness directives: available on the Internet from Saint Lawrence Seaway Copyright Arbitration Royalty GPO Access at http:// Boeing; comments due by Development Corporation Panel rules and procedures: 2-22-05; published 1-5-05 www.gpoaccess.gov/plaws/ Seaway regulations and rules: Secondary transmissions by [FR 05-00170] index.html. Some laws may satellite carriers; royalty Miscellaneous amendments; not yet be available. Cirrus Design Corp.; comments due by 2-24- fee adjustment; comments comments due by 2-24- due by 2-25-05; published 05; published 1-25-05 [FR H.R. 241/P.L. 109-1 05; published 1-13-05 [FR 05-01264] 1-26-05 [FR 05-01435] 05-00717] TREASURY DEPARTMENT To accelerate the income tax NATIONAL McDonnell Douglas; Internal Revenue Service benefits for charitable cash TRANSPORTATION SAFETY comments due by 2-22- contributions for the relief of BOARD 05; published 1-5-05 [FR Income taxes: victims of the Indian Ocean Aircraft accidents or incidents 05-00168] Partnerships; disguised tsunami. (Jan. 7, 2005; 119 and overdue aircraft, and Rolls Royce plc; comments sales; comments due by Stat. 3) preservation of aircraft due by 2-25-05; published 2-24-05; published 11-26- wreckage, mail, cargo, and 12-27-04 [FR 04-28145] 04 [FR 04-26112] records; notification and Teledyne Continental Predecessors and reporting; comments due by Motors; comments due by successors; section 355(e) Public Laws Electronic 2-25-05; published 12-27-04 2-22-05; published 12-22- gain recognition limitation; Notification Service [FR 04-28148] 04 [FR 04-27955] comments due by 2-22- 05; published 11-22-04 (PENS) NUCLEAR REGULATORY Airworthiness standards: [FR 04-25649] COMMISSION Special conditions— VETERANS AFFAIRS Environmental statements; Raytheon Model 4000 availability, etc.: DEPARTMENT PENS is a free electronic mail Horizon airplane; notification service of newly Fort Wayne State Compensation, pension, burial comments due by 2-22- enacted public laws. To Developmental Center; and related benefits: 05; published 1-5-05 subscribe, go to http:// Open for comments until Nonservice-connected [FR 05-00122] listserv.gsa.gov/archives/ further notice; published disability and death Shadin Co., Inc., Cessna pensions; comments due publaws-l.html 5-10-04 [FR 04-10516] Aircraft Co. Model 501 SMALL BUSINESS by 2-25-05; published 12- and 551 airplanes; 27-04 [FR 04-28161] Note: This service is strictly ADMINISTRATION comments due by 2-22- for E-mail notification of new Disaster loan areas: 05; published 1-21-05 laws. The text of laws is not Maine; Open for comments [FR 05-01156] LIST OF PUBLIC LAWS available through this service. until further notice; Class E airspace; comments PENS cannot respond to published 2-17-04 [FR 04- due by 2-20-05; published This is the first in a continuing specific inquiries sent to this 03374] 12-27-04 [FR 04-28232] list of public bills from the address.

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